HomeMy WebLinkAbout2006-03-15 STAFF REPORTS 2B PALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, MARCH 1, 2006
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Oden called the meeting to order at 6:05 P.M.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262 led the Pledge.
INVOCATION: Mayor Oden requested a moment of silent reflection.
ROLL CALL:
PRESENT: Councilmember McCulloch, Councilmember Mills, Councilmember
Pougnet, Mayor Pro Tern Foat, and Mayor Oden.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:30 P.M.
Mayor Oden called the meeting to order and the City Council recessed into Closed
Session to discuss matters on the posted Closed Session Agenda. No reportable
actions were taken.
! ACCEPTANCE OF THE AGENDA:
Mayor Pro Tern Foat requested Item 2.D. be removed from the Consent Calendar for
separate discussion.
Councilmember Mills requested Items 2.E. and 2.P. be removed from the Consent
Calendar for separate discussion.
Mayor Oden noted his abstention on the Minutes of February 15, 2006, Consent
Calendar Item 2.13.
Mayor Pro Tern Foat requested an addition to the Minutes of February 15, 2006, Item
2.B. to add her specific request with respect to Item 1.D. regarding a convenience store
be added back into the project design.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Councilmember Pougnet and unanimously carried on a roll call vote.
PRESENTATIONS:
Mayor Oden and the City Council presented a Certificate of Acknowledgment to Richard
Rennick as he was instrumental in bringing the International Franchise Association
Conference to the City of Palm Springs.
Item No. L . B .
City Council Minutes
March 1, 2006
Page 2
Mayor Oden and the City Council presented a Proclamation to the Fabulous Palm
Springs Follies' in recognition of their 15th season in the City of Palm Springs, and
proclaimed March 3, 2006, as the Fabulous Palm Springs Follies' day in the City of
Palm Springs.
1. PUBLIC HEARINGS:
Councilmember Mills stated he has a business related conflict of interest with respect to
Item 1.A., and would not participate in the discussion or the vote and left Council
' Chamber at 6:26 P.M.
I.A. APPLICATION BY AMADO HERMOSA, LLC FOR A TENTATIVE TRACT
MAP, (TTM 33936) FOR A CONDOMINIUM MAP AND A MAJOR
ARCHITECTURAL APPLICATION, FOR THE CONSTRUCTION OF A 42-UNIT
CONDOMINIUM COMPLEX:
Edward Robertson, Principal Planner, provided background information as
outlined in the staff report dated March 1, 2006.
Councilmember Pougnet requested clarification on the added condition regarding
storage on balconies.
Mayor Oden opened the public hearing and the following speaker addressed the
City Council.
DENNIS FREEMAN, Applicant, requested the condition restricting construction
access on Calle Rolph be removed, and the City Council approve the project.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Foat requested staff address the concern of the Applicant
regarding construction traffic on Calle Rolph.
Councilmember Pougnet commented on Condition No. 6 regarding landscaping
approval and requested clarification on height.
! Councilmember McCulloch requested clarification regarding the additional
conditions requested by the Auga Caliente Band of Cahuilla Indians.
ACTION: Adopt Resolution No. 21520, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A
NEGATIVE DECLARATION FOR TENTATIVE TRACT MAP 33936,
ARCHITECTURAL APPROVAL NO. 3.2807, APPROVING THE PROJECT,
CONSTRUCTION OF A 42-UNIT CONDOMINIUM COMPLEX, ON AN
APPROXIMATE 4.7-ACRE PARCEL, LOCATED AT 1400 AMADO ROAD EAST,
ZONE R-4, SECTION 14" as amended by deleting the condition prohibiting
construction access on Calle Rolph and adding three conditions as requested by
the Agua Caliente Band of Cahuilla Indians regarding the payment of a habitat
i
City Council Minutes
March 1, 2006
Page 3
conservation mitigation fee, Cultural Resource Documentation, and the presence
of an Approved Cultural Resource Monitor. Motion Mayor Pro Tern Foat,
seconded by Councilmember Pougnet and carried 4-0 on a roll call vote.
AYES: Councilmember McCulloch, Councilmember Pougnet, Mayor Pro
' Tem Foat, and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills.
' Councilmember Mills returned to the dais at 6:38 P.M.
1.6. AN APPLICATION BY SHAIDA MANSOUB AND BEHZAD SABOORIAN, FOR
' A GENERAL PLAN AMENDMENT TO RE-DESIGNATE APPROXIMATELY
1.14 ACRES FROM P (PROFESSIONAL) TO M15 (MEDIUM DENSITY
RESIDENTIAL 12-15 UNITS/ACRE), A CHANGE OF ZONE FROM P
(PROFESSIONAL) TO R-2 (LIMITED MULTI-FAMILY RESIDENTIAL), AND A
TENTATIVE TRACT MAP TO RE-SUBDIVIDE APPROXIMATELY 1.14 ACRES
• FOR THE DEVELOPMENT OF 12 RESIDENTIAL CONDOMINIUM UNITS,
LOCATED IN THE VICINITY OF THE SOUTHWEST CORNER OF NORTH
SUNRISE WAY AND VISTA CHINO ROAD, SECTION 11, APN 507-100-041:
Craig Ewing, Director of Planning Services, provided background information as
outlined in the staff report dated March 1, 2006.
Mayor Oden opened the public hearing and no speakers coming forward the
public hearing was closed.
Councilmember Mills requested clarification regarding the removal of curbing as
recommended by the Architectural Review Committee, the
replacement of the meandering sidewalk, and space for the driveways with
current setbacks.
Mayor Pro Tern Foat stated she is pleased that this property is going to be
developed and the removal of blight in the immediate area, requested
clarification on the Undergrounding of the Utilities Condition No. 86.
Councilmember Pougnet requested clarification on any analysis performed by
staff of remaining parcels zoned (P) professional.
Councilmember Mills commented on the prior rezoning of the property and on
curbing issues and sidewalks within the project.
ACTION: 1) Adopt Resolution No. 21521, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A
MITIGATED NEGATIVE DECLARATION FOR CASE NO. 5.1084, GENERAL
PLAN AMENDMENT FROM P (PROFESSIONAL) TO M15 (MEDIUM DENSITY
RESIDENTIAL 12-15 UNITS/ACRE), AND CHANGE OF ZONE P
(PROFESSIONAL) TO R-2 (LIMITED MULTI-FAMILY RESIDENTIAL), AND
City Council Minutes
March 1, 2006
Page 4
TENTATIVE TRACT MAP 33853, THE PROPOSED SUBDIVISION OF LAND
FOR RESIDENTIAL CONDOMINIUM DEVELOPMENT, AND RE-DESIGNATE
THE GENERAL PLAN MAP FROM P (PROFESSIONAL) TO M15 (MEDIUM
DENSITY RESIDENTIAL 12-15 UNITS), FOR APPROXIMATELY 1.14 ACRES,
FOR THE PROPERTY LOCATED IN THE VICINITY OF THE SOUTHWEST
CORNER OF NORTH SUNRISE WAY AND VISTA CHINO ROAD, ZONE P,
SECTION 11;" 2) Waive the reading of the Ordinance text in its entirety and
introduce by title only; 3) Introduce on first reading Ordinance No. 1685, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE ZONING MAP FROM P (PROFESSIONAL) TO R-2 (LIMITED MULTI-
FAMILY RESIDENTIAL) FOR APPROXIMATELY 1.14 ACRES, FOR THE
PROPERTY LOCATED IN THE VICINITY OF THE SOUTHWEST CORNER OF
NORTH SUNRISE WAY AND VISTA CHINO ROAD, ZONE P, SECTION 11;"
and 4) Adopt Resolution No. 21522, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 33853 FOR THE SUBDIVISION OF APPROXIMATELY 1.14
ACRES INTO 12 RESIDENTIAL CONDOMINIUMS, COMMON RECREATIONAL
SPACE, A PRIVATE STREET, AND ASSOCIATED LANDSCAPING, LOCATED
IN THE VICINITY OF THE SOUTHWEST CORNER OF NORTH SUNRISE WAY
AND VISTA CHINO ROAD, ZONE P, SECTION 11" as amended by eliminating
Condition No. 37. Motion Councilmember Mills, seconded by Mayor Pro
Tern Foat and unanimously carried on a roll call vote.
Councilmember Pougnet stated he has a business related conflict of interest with
respect to Item 1.C., would not participate in the discussion and vote and left Council
Chamber at 6:59 P.M.
1.C. AQUA PALM SPRINGS - 156@TAHQUITZ, CASE NO. 5.1046, PLANNED
DEVELOPMENT DISTRICT 232, TENTATIVE TRACT MAP 33341,
SUBDIVIDING AN APPROXIMATE 24-ACRE PARCEL INTO 156
RESIDENTIAL CONDOMINIUM UNITS WITH PRIVATE STREETS,
COMMUNITY AMENITIES, AND PROJECT ARCHITECTURAL REVIEW,
LOCATED ON THE SOUTH SIDE OF TAHQUITZ CANYON WAY, EAST OF
FARRELL DRIVE AND NORTH OF BARISTO ROAD:
Edward Robertson, Principal Planner, provided background information as
outlined in the staff report dated March 1, 2006.
Mayor Oden opened the public hearing and the following speakers addressed
the City Council.
' DENNIS CUNNINGHAM, Applicant, requested the City Council delete the
Conditions relating to the gating, provided background information on the project
and property,
GREG TRUSDELL, Applicant, commented on Fire Department Condition No. 12
and 13 and requested modifications approved by the Fire
City Council Minutes
March 1, 2006
Page 5
Department, Conditions 19 and 13 regarding access gates, and Condition No. 23
regarding the motor court.
MARVIN ROOS, Applicant, provided background information on the property,
clarified access for the project and signalization, the street tree program, and the
review of the landscape pallet.
JACK MESERVE, member of the Board of Directors of the Sundial project,
stated his support of the project and requested the project be gated.
OWEN KIELEY, Palm Springs, representing Los Compadres Homeowners,
requested the City Council send this Project back to the Planning Commission for
further review for such items as the traffic plan and the traffic study.
MICHAEL STOLTZ, Palm Springs, stated his concerns regarding the shared
well, height, ficus tree landscaping and traffic concerns.
RANDOLPH SCOTT, Palm Springs, stated his concerns with respect to the
project being gated.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills commented on the condition regarding Palms along
Tahquitz and requested staff work with the landscape architect; the bus-stop
condition to require a shelter that compliments the project, requested clarification
with respect to locked gates for resident use and motor courts, original Sundial
project as two-story, traffic calming on Baristo; commented on the landscaping at
the corner of Baristo and Farrell, and the potential places for the placement of the
walls.
Mayor Pro Tern Foat asked if the City Attorney reviewed the issue of gating,
requested clarification if the Project was included in the Public Safety Community
Facility District, the entrance on Tahquitz, no requirement for a median on Farrell;
and stated her support for the community not being gated.
Councilmember McCulloch requested clarification from staff on the comments
made regarding the testimony before the Planning Commission; commented on
traffic impacts and the aspects of gated communities.
Mayor Oden requested clarification on the connection of streets with the project,
the stop sign at Compadre and the traffic study; commented on the Mitigated
Negative impacts on groundwater supplies and gated communities.
Mayor Pro Tern Foat requested clarification on groundwater supply and retention
ponds.
i
City Council Minutes
March 1, 2006
Page 6
ACTION: 1) Adopt Resolution No. 21523, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
CASE NO. 5.1046, PLANNED DEVELOPMENT DISTRICT 232, TENTATIVE
TRACT MAP 33341, AND ARCHITECTURAL DESIGN, FOR 156@TAHQUITZ,
A RESIDENTIAL CONDOMINIUM DEVELOPMENT WITH 156 RESIDENTIAL
UNITS AND COMMON AREAS, ON A 24-ACRE PARCEL LOCATED AT THE
SOUTH SIDE OF TAHQUITZ CANYON WAY, EAST OF FARRELL DRIVE AND
NORTH OF BARISTO ROAD, SECTION 13, T4S, RSE, SBBM" amending Fire
Conditions No. 12 and 13 as allowed by the Fire Department, delete Condition
No. 19 and allow gates but adding conditions with respect to the gates as
recommended by the Planning Commission, modify conditions relating to the 60
foot Palm pattern to reflect the original intention of Tahquitz Canyon Way; direct
the Applicant to review modifications to the perimeter wall, direct the Applicant
and Staff to review traffic calming on Baristo, direct the Applicant to review
landscaping at the corner of Baristo and Farrell for special treatment; deleting the
curb requirements at the motor court portion of the project; and 2) Adopt
Resolution No. 21524, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY
APPROVING PLANNED DEVELOPMENT DISTRICT 232, FOR THE
PROPERTY LOCATED AT THE SOUTH SIDE OF TAHQUITZ CANYON WAY,
EAST OF FARRELL DRIVE AND NORTH OF BARISTO ROAD, SECTION 13,
T4S, RSE, SBBM.•• Motion Councilmember Mills, seconded by Mayor Oden
and carried 3-1 on a roll call vote.
AYES: Councilmember McCulloch, Councilmember Mills, and Mayor
Oden.
NOES: Mayor Pro Tern Foat.
ABSENT: Councilmember Pougnet.
The City Council recessed at 7:57 P.M.
The City Council reconvened at 8:10 P.M. Councilmember Pougnet returned to the dais.
1.D. THREE RULE 20A UTILITY UNDERGROUNDING DISTRICTS ALONG EAST
PALM CANYON DRIVE, RAMON ROAD AND SUNRISE WAY:
David Barakian, City Engineer, provided background information as outlined in
the staff report dated March 1, 2006.
Mayor Pro Tern Foat commented on the total cost of the three proposed districts
and requested clarification on the per square-foot cost.
Councilmember Mills requested clarification on the bidding of the project by SCE
if the total cost of two projects is over the amount allowed and prioritizing the
projects.
Councilmember McCulloch requested clarification with respect to only performing
a portion of a project, and the status of the owner of the property on Sunrise Way
with a covenant.
City Council Minutes
March 1, 2006
Page 7
Mayor Oden opened the public hearing and the following speaker addressed the
City Council.
LES WHEELER, Palm Springs, requested the City Council underground the area
surrounding the Deepwell area.
EMI SNAVELY, Palm Springs, requested the City underground utilities along
Sunrise and Ramon Road.
CHUCK DIODUSIO, Palm Springs, read a letter from the Deepwell Powerline
Committee and requested the City Council underground Sunrise and Ramon
Road.
JOHN KIPP, Palm Springs, requested the City Council underground on Sunrise
Way from East Palm Canyon Drive to Sunny Dunes Road.
JOHN BOONE, Palm Springs, spoke against the proposal to underground on
Gene Autry Trail.
W. KURT KUKER, Palm Springs, requested the City Council underground
utilities on Sunrise Way.
No further speakers coming forward, the public hearing was closed.
Councilmember McCulloch thanked the residents for their comments and stated
his priorities are first for Sunrise Way and to call the owner covenant, and then
East Palm Canyon Drive.
Mayor Oden requested clarification on how Rule 20A Funds can be used and
stated his priorities as Sunrise, East Palm Canyon and then Ramon.
Councilmember Mills commented on City owned street lights currently on utility
polls, the total cost of the project on East Palm Canyon and the covenants on the
property owners.
Councilmember Pougnet thanked the Deepwell residents for their letters, and
stated his priorities as Sunrise Way and that the City call the covenant on the
property in that district.
ACTION: Adopt Resolution No. 21525, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A
RULE 20A UTILITY UNDERGROUNDING DISTRICT ON THE WEST SIDE OF
SUNRISE WAY FROM EAST PALM CANYON DRIVE TO SUNNY DUNES
ROAD" as priority number one and calling the covenant on the property located
in the district. Motion Mayor Pro Tem Foat, seconded by Councilmember
Pougnet and unanimously carried on a roll call vote.
City Council Minutes
March 1, 2006
Page 8
ACTION: 2) Adopt Resolution No. 21526, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A
RULE 20A UTILITY UNDERGROUNDING DISTRICT ON THE NORTH SIDE OF
RAMON ROAD FROM CERRITOS ROAD TO 500 FEET WEST OF EL CIELO
ROAD" as priority number 2. Motion Mayor Pro Tom Foat, seconded by
Councilmember Mills and carried 4-1 on a roll call vote.
AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tom
Foat and Mayor Oden.
NOES: Councilmember McCulloch.
PUBLIC COMMENT:
FERNANDO VILLA, Santa Monica, commented on Item 4.A. regarding Fairfield Resorts
and requested the City Council extend the time for project entitlements.
RYAN ESPINOSA, Palm Springs, submitted a petition and commented on the overall
appearance and condition of Murray Canyon and the traffic speed along Toledo and
Murray Canyon from Laverne to South Palm Canyon.
MARY JUSTICE, commented on the Coachella Valley Multi Species Conservation
Habitat Plan.
13OB HELBLING, Palm Springs, commented on the recent Air event and airplanes flying
over the City with advertising; and commented on Downtown development.
NANCY MADSON, Thousand Palms, commented on the Coachella Valley Multi
Species Habitat Conservation Plan.
JARVIS CRAWFORD, spoke in support of Item 2.Q., Expansion of the James 0. Jessie
Desert Highland Unity Center.
CHARLES SACKS, Palm Springs, spoke against Item 4.A. and requested the City
Council not extend the time for the development; thanked City staff for the document
shredding event and noted a concern.
JONO HILDNER, Palm Springs, spoke regarding Item 4.A. extension of time for
Fairfield Resorts and request the City Council not extend the time for the Development.
PAUL CRIPPAN, Palm Springs, spoke against the extension of time for Fairfield
Resorts on Item 4.A.
JOY MEREDITH, Palm Springs, read a letter from Scott Meredith regarding Item 3.A.
expanding the VillageFest Board; spoke in support of Item 2.G., 2.1., 2.E., 2.F., 2.Q. and
spoke in opposition to Item 2.P.
' City Council Minutes
March 1, 2006
Page 9
COUNCILMEMBER COMMENTS AND REQUESTS:
Councilmember Pougnet requested staff review and report on traffic issues and/or a
traffic study on Murray Canyon.
Mayor Oden requested staff review the striping on Murray Canyon as well.
Councilmember McCulloch requested staff review the placement of the new stop-sign
on Toledo.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
Councilmember Mills requested Item 2.E. be added back to the Consent Calendar for
approval.
,ACTION: Approve Items 2.A., 2.B., 2.C., 2.E., 2.F., 2.G., 2.H., 2.1., 2.1, 2.K., 2.L., 2.M.,
2.N., 2.0., 2.Q., and 2.R. Motion Councilmember McCulloch, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and File Report on the Posting of the March 1, 2006, City
Council Agenda. Approved as part of the Consent Calendar.
>.B. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of February 8, 2006, February 15,
2006, and February 22, 2006. Noting the abstention of Mayor Oden and the
addition by Mayor Pro Tern Foat on the Minutes of February 15, 2006.
Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 21527, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED
1011088 THROUGH 1011296 IN THE AGGREGATE AMOUNT OF
$2,267,222.59 DRAWN ON BANK OF AMERICA." Approved as part of the
Consent Calendar.
2.E. REVIEW OF PROPOSED EXTERIOR ALTERATIONS TO THE OASIS HOTEL,
A CLASS 1 HISTORIC SITE, PER SECTION 2 OF RESOLUTION 15424,
LOCATED AT 121-A SOUTH PALM CANYON DRIVE, ZONE CBD, SECTION
15, APN 513-143-008 AND 513-143-009:
ACTION: Adopt Resolution No. 21528, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
EXTERIOR ALTERATIONS TO THE OASIS HOTEL TOWER AND ATTACHED
STRUCTURE, A DESIGNATED CLASS 1 HISTORIC SITE, LOCATED AT 121-
City Council Minutes
March 1, 2006
Page 10
A SOUTH PALM CANYON DRIVE, ZONE CBD, SECTION 15." Approved as
part of the Consent Calendar.
2.17. REQUEST BY SCOTT MORGAN FOR A RESOLUTION OF PUBLIC
CONVENIENCE (CASE: 5.1096 - PCN) IN ORDER TO SELL ALCOHOL AT
WILD FOR THE VINE LOCATED AT 390 NORTH PALM CANYON DRIVE,
ZONE CBD, SECTION 15:
ACTION: Adopt Resolution No. 21529, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A
RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL ALCOHOL AT
WILD FOR THE VINE LOCATED AT 390 NORTH PALM CANYON DRIVE,
ZONE CBD, SECTION 15." Approved as part of the Consent Calendar.
2.G. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO.
1682, RELATING TO SEWER USE REGULATIONS, INCLUDING THE
ADOPTION OF FATS, OILS, AND GREASE CONTROL REGULATIONS
APPLICABLE TO FOOD SERVICE ESTABLISHMENTS:
ACTION: Waive further reading and adopt Ordinance No. 1682, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
CHAPTER 15.28 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
SEWER USE REGULATIONS, INCLUDING THE ADOPTION OF FATS, OILS,
AND GREASE CONTROL REGULATIONS APPLICABLE TO FOOD SERVICE
ESTABLISHMENTS." Approved as part of the Consent Calendar.
?.H. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO.
1683, MODIFYING REGULATIONS FOR THE USE OF ALARMS AND ALARM
SYSTEMS:
ACTION: Waive further reading and adopt Ordinance No. 1683, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
SUBSECTION 6.1 TO SECTION 5.02.010 AND SUBSECTION (g) TO SECTION
5.02.075 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO
SUSPENSION OF THE CIVIL PENALTY ASSESSED ON A SECOND FALSE
ALARM OCCURRING IN A 365-DAY PERIOD." Approved as part of the
Consent Calendar.
2:.1. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO.
1684, RELATING TO VACANT AND BOARDED BUILDINGS AS PUBLIC
NUISANCES IN THE CITY OF PALM SPRINGS:
ACTION: Waive further reading and adopt Ordinance No. 1684, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
CHAPTER 8.80 AND SECTION 11.72.161 TO THE PALM SPRINGS
MUNICIPAL CODE, ESTABLISHING VACANT AND BOARDED BUILDINGS AS
PUBLIC NUISANCES." Approved as part of the Consent Calendar.
2,J. AMENDING THE BUDGET FOR FISCAL YEAR 2005-06 BY TRANSFERRING
$5,000 OF CENTRAL ZONE DRAINAGE FUND BALANCE TO ACCOUNT
NUMBER 135-4371-55008 FOR SOILS AND MATERIALS TESTING AND
i
City Council Minutes
March 1, 2006
Page 11
INSPECTIONS ON THE STORM DRAIN WORK FOR THE MESQUITE
AVENUE IMPROVEMENT PROJECT:
ACTION: Adopt Resolution No. 21530, "A RESOLUTION OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL
YEAR 2005-06 FOR THE STORM DRAIN TESTING AND INSPECTIONS FOR
THE MESQUITE AVENUE STORM DRAIN IMPROVEMENT PROJECT, CITY
PROJECT NO. 94-17." Approved as part of the Consent Calendar.
2.K. FOURTH OF JULY CELEBRATION FIREWORKS:
ACTION: 1) Adopt Minute Order No. 7822, Approving an agreement with the
Pyro Spectacular, Inc. to produce the fireworks display for the 2006 Fourth of
July Celebration at Palm Springs Stadium in an amount not to exceed $25,000,
in a form acceptable to the City Attorney; and 2) Authorize the City Manager to
execute all necessary documents. A5238. Approved as part of the Consent
Calendar.
21. CONTRACT SERVICES AGREEMENT TO PROVIDE AIRPORT PASSENGER
LOADING BRIDGE MAINTENANCE:
ACTION: 1) Adopt Minute Order No. 7823, Approving award of contract to FMC
Technologies, Airport Services, for preventive maintenance and repair services
for eight passenger loading bridges, for an initial term of three years with two
one-year renewal options at the City Manager's discretion, in an amount not-to-
exceed $128,484.09 for the initial three-year term; and 2) Authorize the City
Manager to execute all necessary documents. A5239. Approved as part of the
Consent Calendar.
2.M. AGREEMENT WITH TERRA NOVA PLANNING & RESEARCH, INC. FOR
"FOCUSED ENTITLEMENT AND EIR" PLANNING SERVICES FOR THE
EAGLE CANYON PROJECT:
ACTION: 1) Adopt Minute Order No. 7824, Approving an agreement with Terra
Nova Planning & Research, Inc. for the "Focused Entitlement and EIR" planning
services for the Eagle Canyon Project, Case No. 5.1070-PD-317 / TTM 33047,
not to exceed $66,870.00; and 2) Authorize the City Manager to execute all
necessary documents in a form acceptable to the City Attorney. A5240.
Approved as part of the Consent Calendar.
2.N. RENEWAL OF SUPPLEMENTAL SPACE USE AGREEMENT WITH
PARADIES SHOPS, LLC:
ACTION: 1) Adopt Minute Order No. 7825, Approving supplemental lease
agreement with Paradies Shops, LLC for office space effective March 1, 2006
through October 19, 2009; and 2) Authorize the City Manager to execute all
necessary documents. A5241. Approved as part of the Consent Calendar.
2.0. AMENDMENT NO. 8 TO AGREEMENT NO. A4487, WITH VSA AIRPORTS,
INC. FOR AIRPORT DESIGN AND ENGINEERING SERVICES:
ACTION: 1) Adopt Minute Order No. 7826, Approving Amendment No. 8 to
Agreement No. A4487 with VSA Airports, Inc. to provide design and engineering
City Council Minutes
March 1, 2006
Page 12
services for airfield pavement rehabilitation projects in the amount of $920,000,
FAA AIP Project No. 3-06-0181-40; 2) Adopt Resolution No. 21531, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
• CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2005-06;" and 3)
Authorize the City Manager to execute all necessary documents. A4487.
Approved as part of the Consent Calendar,
2.Q. JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER EXPANSION, CITY
PROJECT NO. 04-05:
ACTION: 1) Adopt Minute Order No. 7828, Awarding contract to Doug Wall
Construction, Inc., in the amount of $528,000 for Bid Schedule "A" only (deleting
the wrought iron screen wall) for the James O. Jessie Highland Unity Center
Expansion, City Project No. 04-05; 2) Adopt Resolution No. 21532, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) BUDGET FOR FISCAL YEAR 2004-05, AUTHORIZING THE
REVISION TO THE CONSOLIDATED PLAN'S ANNUAL PLAN UPDATE;" and
3) Authorize the City Manager to execute all necessary documents. A5243.
Approved as part of the Consent Calendar.
2.R. APPROVE AN INCREASE IN EXPENDITURE AUTHORIZATION FOR L.N.
CURTIS AND SONS EMERGENCY EQUIPMENT:
ACTION: Adopt Minute Order No. 7829, Approving miscellaneous expenditures
to L.N. Curtis and Sons Emergency Equipment for a variety of fire equipment, a
cumulative amount not-to- exceed $78,000 for Fiscal Year 2005-06. Approved
as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.D. COMMISSION AND BOARD REPORTS/REQUESTS:
Councilmember Foat requested staff place on a future agenda the
Resolution designating a Hate Free City as requested by the Human Rights
Commission, and investigate the feasibility of the creation of a Certified Farmers
Market as requested by the VillageFest Board.
ACTION: Receive and File. Motion Mayor Pro Tern Foat, seconded by
Councilmember Pougnet and unanimously carried on a roll call vote.
2.P. APPROVE CONTRACT FOR DOWNTOWN PARKING ENFORCEMENT:
Councilmember Mills commented on the timing of the RFP process and the
hours of enforcement and reducing the scope.
Mayor Oden requested clarification of this function as in-house enforcement.
City Council Minutes
March 1, 2006
Page 13
Mayor Pro Tern Foat requested clarification on the cost and the revenue
collected from parking fines.
ACTION: 1) Adopt Minute Order No. 7827, Approving a contract for Downtown
Parking Enforcement Services with Standard Parking in an amount not-to-exceed
$71,050 for a seven-month period expiring September 30, 2006; and 2)
Authorize the City Manager to execute all necessary documents. A5242.
Motion Councilmember Mills, seconded by Mayor Oden and unanimously
carried on a roll call vote.
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS MUNICIPAL
CODE INCREASING THE NUMBER OF MEMBERS ON THE VILLAGEFEST
BOARD FROM FIVE TO SEVEN:
Scott Mikesell, Director of Parks and Recreation, provided background
information as outlined in the staff report dated March 1, 2006.
Mayor Oden commented on the makeup of the Board.
Mayor Pro Tern Foat commented on the recent interview process, the candidates
and the growth of VillageFest.
Councilmember McCulloch commented on the VillageFest split vote and the
ambitious plans of the Chair of the Board.
Councilmember Mills commented on the split vote of the VillageFest Board and
the time to iron out details before increasing the number of members on the
Board.
Mayor Oden commented on the timing for the VillageFest to bring back the
ordinance.
Councilmember Pougnet commented on the Board discussion.
Mayor Pro Tern Foat recommended that the City Council move forward with the
introduction of the Ordinance.
Councilmember Mills commented on the vote of the VillageFest Board and
requested the City Council wait a few months before expanding the Board.
Mayor Oden commented on the split vote of the Board.
ACTION: 1) Waive the reading of the Ordinance text in its entirety and introduce
by title only; and 2) Introduce on first reading "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.22.010 OF THE
PALM SPRINGS MUNICIPAL CODE INCREASING THE NUMBER OF
I
City Council Minutes
March 1, 2006
Page 14
MEMBERS ON THE VILLAGEFEST BOARD FROM FIVE TO SEVEN." Motion
Councilmember Pougnet, seconded by Mayor Pro Tern Foat and failed 2-3
on a roll call vote.
AYES: Councilmember Pougnet, and Mayor Pro Tern Foat.
NOES: Councilmember McCulloch, Councilmember Mills, and Mayor
Oden.
Mayor Pro Tern Foat requested this Item be returned to the City Council at the
first meeting in May.
ACTION: Table the Introduction of the Ordinance and place the Item on the May
3, 2006 City Council Agenda. Motion Mayor Pro Tern Foat, seconded by
Mayor Oden and carried 4-1 on a roll call vote.
AYES: Councilmember McCulloch, Councilmember Mills, Mayor Pro Tem
Foat, and Mayor Oden.
NOES: Councilmember Pougnet.
4. UNFINISHED BUSINESS:
4.A. APPLICATION BY FAIRFIELD RESORTS, INC., FOR A TIME EXTENSION
FROM JANUARY 30, 2006, TO JANUARY 30, 2007, FOR PLANNED
DEVELOPMENT DISTRICT 260 AND TENTATIVE TRACT MAP 29691, FOR
254 TIMESHARE UNITS, LOCATED AT 961 SOUTH PALM CANYON DRIVE,
ZONES C-1 AND R-3, SECTIONS 22 AND 23:
Craig Ewing, Director of Planning Services, provided background information as
outlined in the staff report dated March 1, 2006.
ACTION: Adopt Resolution No. 21533, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A
REQUEST FOR A TIME EXTENSION FOR PLANNED DEVELOPMENT
DISTRICT 260 (PD-260) AND TENTATIVE TRACT MAP 29691 (TTM 29691)
LOCATED AT 961 SOUTH PALM CANYON DRIVE, ZONES C-1 AND R-3,
SECTIONS 22 and 23, REQUESTED BY FAIRFIELD RESORTS, INC." Motion
Councilmember Mills, seconded by Councilmember McCulloch and
unanimously carried on a roll call vote.
5. NEW BUSINESS: None.
COUNCILMEMBER COMMENTS AND REPORTS:
Councilmember Mills requested the status on the Undergrounding Ordinance.
Mayor Pro Tern Foat requested staff advertise the Code Enforcement Hot Line and the
on-line filing of complaints.
City Council Minutes
March 1, 2006
Page 15
Mayor Oden outlined the activities and events attended by the Mayor's Office,
requested staff set-up a meeting for the construction activities on Mesquite Avenue
Improvements, and announced the 15th Anniversary of VillageFest.
ADJOURNMENT: The City Council adjourned at 10:07 P.M. to a Study Session and a
Regular Adjourned Meeting, Wednesday, March 8, 2006, at 6:00 P.M., preceded by a
Closed Session at 4:30 P.M., City Council Chamber, City Hall, 3200 East Tahquitz
Canyon Way, Palm Springs.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
15TH DAY OF MARCH, 2006,
MAYOR
ATTEST:
City Clerk
PALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, MARCH 8, 2006
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Oden called the meeting to order at 6:10 P.M.
PLEDGE OF ALLEGIANCE: Richard Oliphant led the Pledge.
ROLL CALL:
PRESENT: Councilmember McCulloch, Councilmember Mills, Councilmember
Pougnet, Mayor Pro Tern Foat, and Mayor Oden.
,ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
(REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:30 P.M. the
meeting was called to order and the City Council recessed into Closed Session to
discuss matters on the posted Closed Session Agenda. The City Council provided
direction to the City Attorney with respect to Lopristo-Davis v. City of Palm Springs Case
No. INC 049581 047762, no reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated staff requests Consent Calendar Item 2.A. be withdrawn
from the Agenda.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Mayor Pro Tern Foat and unanimously carried on a roll call vote.
PRESENTATIONS: None.
PUBLIC COMMENT:
CHARLES SACHS, Palm Springs, commented on the one-year anniversary of
Measures B and C; and congratulated the City for its designation by the National Trust
of Historic Preservation.
JEFF WELSHANS, Palm Springs, commented on the Tuscany Heights development,
and requested the City Council authorize a complete stop work-order for the project.
ROXANN PLOSS, Palm Springs, complemented the City for its recognition by the
National Trust of Historic Preservation and commented on building height.
COUNCILMEMBER COMMENTS AND REQUESTS: None.
CITY MANAGER'S REPORT: None.
City Council Minutes
March 8, 2006
Page 2
1. STUDY SESSION:
SS1. PRESENTATION FROM CAL STATE SAN BERNARDINO FUNDING
REQUEST PALM DESERT CAMPUS:
JAY ANDT, Cal State San Bernardino, updated the City Council with respect to
the current activities of the Cal State San Bernardino in Palm Desert and
presented a Power Point Presentation with statistics of the Palm Desert campus.
RICHARD OLIPHANT, Indian Wells, Cal State San Bernardino, requested the
City Council fund the Cal State San Bernardino project in the amount of $1
million.
Councilmember Foat requested clarification on the timeline of the project.
Councilmember Pougnet requested clarification with respect to multi-year funding
and clarification on certain programs at the campus.
Councilmember Foat requested clarification from City Staff on how the City
Council may proceed.
Mayor Oden commented on the process, stated the other valley cities have made
a commitment to the program, and requested staff follow the request to fund $1
million and return to the City Council with a proposal.
BETTY BARKER, Rancho Mirage, thanked the City Council for consideration of
the funding request.
By consensus the City Council directed staff to negotiate a proposal with Cal
State San Bernardino in the requested amount of$1 million and return to the City
Council in approximately 30-days.
Councilmember Mills commented on the funding source of Cathedral City.
Councilmember McCulloch commented on the process and stated the City
Council did not take any formal action, as this is only a study session.
SS2. CABLE FRANCHISE RENEWAL PROCESS:
Troy Butlzaff, Assistant City Manager, provided background information on the
Cable Franchise Renewal process and introduced Sue Buske, The Buske Group,
the City's Cable Franchise consultant.
SUE BUSKE, The Buske Group, provided background information on the
process of the City's Franchise and process and presented a Power Point
presentation.
City Council Minutes
March 8, 2006
Page 3
Mayor Pro Tern Foat requested clarification of public access; asked if the City
Council could negotiate packages or control rates.
Mayor Oden requested clarification on Channel 16 and 17 previous educational
channels, requested clarification on the needs assessment process, the process
to not renew a current franchise, determination of the needs assessment
instrument and how/who determines the needs of the community, the RFRP
process, the current non-compliance of Time Warner with certain codes or
standards, process for new programming such as KCET, and criteria for
customer service standards.
Councilmember Pougnet requested clarification on customer service standards
and asked if the staff is seriously reviewing customer service standards, and
other cable and/or technology service providers.
Councilmember Mills requested clarification with respect to undergrounding
requirements, asked if the City could require the Cable Franchise to pay for
undergrounding of cable lines currently on telephone and/or light poles, requiring
the franchise to have a location/service center within the City limits, purpose and
uses of the franchise fee, interconnection with other cities, funding for PEG and
facility access, source of data for the rebuild highlights, customer service
requirements and a system to check and/or enforce customer service standards.
Councilmember McCulloch stated the cost of services that are finally
negotiated would be ultimately paid by the residents of the City of Palm Springs,
and commented on the aspects of limited competition and the ultimate cost of the
service.
Mayor Pro Tern Foat commented on services and rates paid in other cities,
requested clarification on the notice and locations of the public input meetings.
Councilmember McCulloch commented on the City Council process and the laws
of economics.
2:. CONSENT CALENDAR:
ACTION: Approve Item 2.13. Motion Councilmember Mills, seconded by
Councilmember Pougnet and unanimously carried on a roll call vote.
2.B. RESIGNATION OF LLOYD MARYANOV THE CITY COUNCIL'S
APPOINTEE TO THE MOUNT SAN JACINTO WINTER PARK
AUTHORITY (TRAMWAY BOARD):
ACTION: 1) Accept with regret the resignation of Lloyd Maryanov the
City Council's appointee to the Mount San Jacinto Winter Park
Authority (Tramway Board) effective March 25, 2006; and 2) Direct the
City Clerk to post a Notice of Vacancy and advertise the Vacancy on
PSCTV. Approved as part of the Consent Calendar.
City Council Minutes
March 8, 2006
Page 4
EXCLUDED CONSENT CALENDAR:
2.A. FISCAL YEAR 2005-06 ANNUAL SLURRY SEAL, CONSTRUCTION CHANGE
ORDER NO. 2, CITY PROJECT NO. 05-19:
ACTION: Withdrawn from the Agenda at the request of staff.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS: None.
COUNCILMEMBER COMMENTS AND REPORTS:
Councilmember Mills requested staff determine the ground floor office use in the
Downtown area, and review the current ordinance.
Councilmember Pougnet commented on the Downtown Urban Design Guidelines and
the current development plans for the Wessman property.
Councilmember Foat requested staff update the City Council and provide a status report
on the Milo Drive project and requested a stop-order on the entire project. City Engineer
David Barakian responded.
Councilmember Pougnet requested staff provide specific dates that improvements have
been made to the Indian Manor project.
Mayor Oden provided information on the events and activities attended by the Mayor's
Office, requested staff review a process for Capital Improvements for the City and City
Hall, requested staff set-up a meeting to discuss and review the process for the
annexation of Park Andreas, and requested staff review and report on military planes
taking off at the Palm Springs Airport.
Councilmember Mills thanked the City of Palm Springs, the United Way and Dick Taylor
Productions for their performance at the United Way function.
Mayor Oden announced the City's recognition from the National Trust of Historic
Preservation.
ADJOURNMENT: The City Council adjourned at 7:55 P.M. to the Regular Meeting,
Wednesday, March 15, 2006, at 6:00 P.M., City Hall, Council Chamber, preceded by a
Closed Session at 4:00 P.M., City Hall, Small Conference Room, 3200 Tahquitz Canyon
Way.
City Council Minutes
March 8, 2006
Page 5
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
15T" DAY OF MARCH, 2006.
MAYOR
ATTEST:
City Clerk