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HomeMy WebLinkAbout2006-03-01 STAFF REPORTS 2B PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, FEBRUARY 8, 2006 CITY COUNCIL CHAMBER " CALL TO ORDER: Mayor Oden called the meeting to order at 6:10 P.M. PLEDGE OF ALLEGIANCE: Councilmember McCulloch led the Pledge. ROLL CALL: PRESENT: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tem Foat, and Mayor Oden. ABSENT: None. ,ALSO PRESENT: City Manager Ready, City Attorney Holland, and City Clerk Thompson. ACCEPTANCE OF THE AGENDA: ACTION: Accept the Agenda as Presented. Motion Councilmember Mills, seconded by Councilmember McCulloch and carried on a roll call vote. PRESENTATIONS: Mayor Oden and the City Council presented a Certificate of Appreciation to City Employee Dirk Voss, Community Preservation Coordinator, for his service to the City of Palm Springs. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 5:00 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. PUBLIC COMMENT: HAROLD STONE, Palm Springs, commented on the Airport sound wall to be installed, and airport noise from military and/or from other sources. MICHAEL GRANT, Riverside, Century Vintage Homes, commented on Item 1.A. regarding Hillside development; and requested Century Vintage Homes be included in the process and further negotiations. JEFFREY MORGAN, commented on Item 1.A. regarding Hillside Regulations in the Chino Code area, and recommended one home per 40-acres. Item No. L . 6 . City Council Minutes February 8, 2006 Page 2 CODY STOUGHTON, Palm Springs, read a letter from Peter Moruzzi, Palm Springs Modern Committee, regarding Item 1.A. Hillside development and in support of open space conservation in planning area 5.A and 5.13. VIC GAINER, Palm Springs, commented on Item 1.A. regarding Hillside development and spoke in support of the two ordinances recommended by the Citizens Task Force. GREG DAY, Palm Springs, commented on Item 1.A. regarding Hillside regulations, and in support of open space conservation. SHERYL HAMLIN, commented on Item 1.A. regarding Hillside development and planning areas 5.A. and 5.13. LOBO VADENSCEARCEcommented on bicycle and pedestrian safety and the proposed relocation of Vons Grocery Store. GLADYS KRENEK, Palm Springs, commented on Item 1.A. regarding Hillside development and stated her support for the ordinances as recommended by the Citizens Task Force and proposed density transfer. CHUCK NISBET, commented on Item 1.A. regarding Hillside development and recommended the City Council consider the recommendations of the General Plan Steering Committee. DANA STEWART, Palm Springs, stated her support of the MSHCP and stated her support for ordinances for density transfer as a protection of the Chino Canyon. JOAN MARTIN, Palm Springs, commented on Item 1.A. regarding Hillside development and stated her support for protecting the Chino Canyon area and for the City to purchase the land for open space. JONO HILDNER, Palm Springs, commented on Item I.A. regarding Hillside development and requested a compromise approach regarding Measure B and the current Urgency Ordinance and in support of the recommendation of the General Plan :iteering Committee. JAMES HAYTON, Palm Springs, commented on Item I.A. regarding Hillside development and in support of the proposed density transfer. APRIL HILDNER, commented on Item 1.A. regarding Hillside development and stated her support for one unit per 20-acres and open space acquisition. F LORENCE KLAASEN, commented on traffic signals and requested the Engineering Department review the timing of traffic signals for pedestrians. City Council Minutes February 8, 2006 Page 3 JOY MEREDITH, Palm Springs, commented on the General Plan Steering Committee and voting procedures with respect to the current Hillside development issue. DAVE BARON, Palm Springs, commented on Item I.A. regarding Hillside development and the past partnerships developed between the nature conservancy and developers. COUNCILMEMBER COMMENTS AND REQUESTS: None, CITY MANAGER'S REPORT: City Manager Ready commented on the progress on the installation of the sound wall near the airport and airport noise. 1. STUDY SESSION: 1.A. DISCUSSION AND DIRECTION ON HILLSIDE REGULATIONS: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated February 8, 2006. Councilmember Pougnet requested clarification regarding the vote of the General Plan Steering Committee. Mayor Pro Tern Foat requested clarification and commented on the staff report regarding commercial land use in Planning Area 5.A., recommended low density land use, preparation of specific plans, the inclusion of design standards in the proposed ordinance, the amount of tribal land v. sovereign land, division of land by topography, and property acquisition information. Councilmember McCulloch requested clarification and commented on the timing of the urgency ordinance, outreach and/or comments received from the Tribe, staff recommendation as it relates to the Multi-Species Habitat Plan, density transfer near Ship Rock, density transfer as a concept and past practice with a current project. Councilmember Mills requested clarification and commented on the coordination and input from the Tribe, costs for acquisition, developable acres including tribal land and Shadowrock, development of Specific Plan and the inclusion of development standards, definition of open space, clustering concepts and areas for open space. Councilmember Pougnet requested clarification and commented on planning area boundaries, defining slope, density transfer and clustering for additional open space. Mayor Oden commented on Measures B and C and the process that got us this' far, the goal of compromise, timeline for adoption, definition of habitat and open space, density transfer and other areas suitable for density transfer. City Council Minutes February 8, 2006 Page 4 Mayor Pro Tern Foat requested clarification on the preparation of an Environmental Impact Report, and tribal land. Mayor Oden requested clarification from Councilmember Pougnet regarding the preparation of two ordinances and the content included in each. Councilmember Mills commented on slope and density transfer and a possible density bonus not be limited to the Chino Cone area. Mayor Pro Tern Foat commented on acquisition cost and possible assessment charges for a bond issue. Councilmember McCulloch requested staff comment on the impacts to Century Vintage Homes the use of averages when commenting on density, the use of berms, timeline and density transfer. The City Council recessed at 8:31 P.M. The City Council reconvened at 8:42 P.M. Councilmember Foat suggested that the City Council give staff direction to develop an ordinance for base land use of the Citizens Task Force recommendation rate less 20%. Councilmember Mills requested clarification on the Citizens Task Force calculation for the number of dwelling units. Councilmember Pougnet clarified the Citizens Task Force maximum dwelling Units of 745 and suggested the City Council use the Citizens Task Force recommendation for base land use. Councilmember Mills commented on the compromise with the current Urgency Ordinance and suggested using the Citizens Task Force recommendation. Councilmember Pougnet commented on the planning areas and stated he would support the Citizens Task Force recommendation. Councilmember McCulloch requested that Council not provide direction at this time. Councilmember Mills suggested the City Council use the Citizens Task Force Recommendation for base land use. Mayor Oden stated he was comfortable with the Citizens Task Force Recommendation for base land use. City Council Minutes February 8, 2006 (Page 5 Councilmember McCulloch noted his concerns and recommended the City Council not provide direction to staff at this time. Councilmember Mills commented on and provided further direction on density transfer. By consensus of at least three-members of the City Council, direct staff to prepare a draft zoning ordinance for the Chino Cone using the density numbers offered by the Citizens Task Force, as well as significant open space protections and design standards for environmental and view protection. 'I.B. DOCKET REVIEW -- PRIORITIZE FUTURE AGENDA/STUDY SESSION TOPICS: City Manager Ready provided background information as outlined in the staff report dated February 8, 2006. Mayor Oden commented on the Cable Franchise Renewal Process and currently scheduled Study Sessions. Councilmember Pougnet commented on the Homeless Resource Center and requested a Study Session on April 12, 2006, regarding the Homeless Resource Center. Mayor Pro Tem Foat requested the Green Building Ordinance move forward. Councilmember Mills requested discussion regarding the Energy Commission and Co-Generation Plants be included with the Study Session on the Green Building Ordinance. Mayor Pro Tern Foat commented on the Miss. Teen Funding request and recommended the request be placed on a Regular Meeting Agenda. Councilmember Mills commented on the Airport Targeted Development Plan and the Joint Workshop with City Council, Planning Commission and Architectural Advisory Committee. Councilmember Pougnet commented on the So. Cal. Institute of Architects presentation, and recommended that staff move forward without a Study Session on Short Term Vacation rentals with interested parties. Mayor Oden commented on the development use plan for the Palm Springs Mall and the County Buildings across from City Hall. Councilmember McCulloch requested clarification on the Undergrounding Ordinance. City Council Minutes February 8, 2006 Page 6 COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Mills commented on the reorganization of the Code Enforcement Division and requested regular City Council updates. Councilmember McCulloch requested the City Engineer review pedestrian safety at certain intersections and at intersections with left-turn arrows. Councilmember Pougnet recognized City employees who received compliment cards in the month of January. Mayor Oden announced Black History month and outlined the activities and events attended by the Mayor's Office; requested staff moved forward with the installation of the sound wall near the Airport, and place the appointment of a City Council subcommittee on the O'Donnell Golf Course on the next City Council Agenda. ADJOURNMENT: The City Council adjourned at 9:18 P.M. to the Regular Meeting, Wednesday, February 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. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 1ST DAY OF MARCH, 2006. MAYOR ATTEST: City Clerk PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, FEBRUARY 15, 2006 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Pro Tern Foat called the meeting to order at 6:12 P.M. (PLEDGE OF ALLEGIANCE: Councilmember Pougnet led the Pledge. INVOCATION: Rev. Hank Bates, Desert Cities Community Church, led the Invocation. ROLL CALL: PRESENT: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. ABSENT: Mayor Oden. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:00 P.M. Mayor Pro Tern Foat called the meeting to order and the City Council recessed into Closed Session to discuss Items on the posted Closed Session Agenda. No reportable actions were taken. ACCEPTANCE OF THE AGENDA: Councilmember Pougnet requested Items 2.N. and 2.P. be removed from the Consent Calendar for separate discussion. Councilmember Mills requested Item 2.Q. be removed from the Consent Calendar for separate discussion. Mayor Pro Tern Foat requested the Minutes of February 8, 2006, Item 2.B. be withdrawn from the Agenda. ACTION: Accept the Agenda as amended. Motion Councilmember Pougnet, seconded by Councilmember Mills and carried on a roll call vote. PRESENTATIONS: Mayor Pro Tern Foat and the City Council proclaimed February, 2006, as Library Lovers Month in the City of Palm Springs. Mayor Pro Tern Foat and the City Council proclaimed February, 2006, as USS Nimitz C:VN-68 Month in the City of Palm Springs. Mayor Pro Tern Foat and the City Council presented a Certificate of Appreciation to City employee Curt Watts for his service to the City of Palm Springs. City Council Minutes February 15, 2006 Page 2 1. PUBLIC HEARINGS: 1.A. GENERAL PLAN AMENDMENT (CASE NO. 5.1098), APPLICATION BY PALM CANYON 102, L.P. TO REVISE THE GENERAL PLAN LAND USE DESIGNATION TO ALLOW RESIDENTIAL USES IN THE RESORT- COMMERCIAL (RC) LAND USE DESIGNATION: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated February 15, 2006. David Hilliard, requested support for the General Plan Amendment with respect to his project under consideration. Jono Hildner, Palm Springs, stated his support for the General Plan Amendment and the Project. Joan Martin, Palm Springs, stated her support of the General Plan Amendment and the project. Rob Firth, Palm Springs, stated his support for the General Plan Amendment. Councilmember Pougnet requested clarification on the uses allowed in the zone of Resort/Commercial Hotels and commented on loss of TOT. Councilmember Mills suggested the verbiage in Section 3.22.6 should be modified as "may be allowed." ACTION: Adopt Resolution No. 21504, "A RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO THE GENERAL PLAN TO ALLOW PERMANENT RESIDENTIAL LAND USES IN THE RESORT-COMMERCIAL LAND USE DESIGNATION' amending 3.22.6 to read Permanent residential uses and commercial activities may be allowed subject to approval of a Planned Development. Motion Councilmember Mills, seconded by Councilmember Pougnet and carried 4-0 on a roll call vote. AYES: Councilmember Mills, Councilmember McCulloch, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. I.B. PLANNED DEVELOPMENT PD 314 AND TTM 33575 (CASE NO. 5.1056), APPLICATION BY PALM CANYON 102, L.P. FOR A PLANNED DEVELOPMENT AND A TENTATIVE TRACT MAP TO ALLOW DEVELOPMENT OF 26 LIVE WORK UNITS, 70 ATTACHED TOWNHOMES AND 15,000 SQUARE FEET OF COMMERCIAL SPACE ON A 11.7 ACRE SITE LOCATED EAST OF SOUTH PALM CANYON AND SOUTH OF THE City Council Minutes February 15, 2006 Page 3 TAHQUITZ CREEK CHANNEL, ZONE C-1, SECTION 23, APN 508-172-005, 508-172-006, AND 508-172-007: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated February 15, 2006. David Hilliard, Applicant, outlined the background information of the site, the aspects of the project and requested City Council support. Jay Reynolds, Los Angeles, outlined the "walkable" aspects of the project and requested City Council support. James Crippan, stated the developer worked with the neighborhood and requested his support with traffic calming and lighting. Joan Martin, Palm Springs, commented on the proposed median. Councilmember Mills commented on several blanket conditions, the use and appearance of the project and property, access to the condominium units, parking, streetscape, landscape, view corridors, stated his support of the uses but not the site plan. Councilmember Pougnet stated his agreement with Councilmember Mills regarding the site plan, commented on site-plan, density and feeling of a tract development, and requested clarification on height. Councilmember McCulloch requested clarification of the proposed median on South Palm Canyon and the process going through Architectural Review and the Planning Commission. Councilmember Mills commented on traffic calming and the "choker" on Mesquite, requested more traffic calming measures. Mayor Pro Tern Foat requested clarification on the proposed live/work units, requested a condition for construction traffic, the proposed traffic circle, and the process. ACTION: Restudy and send back to the Planning Commission for further review and Architectural Review based on City Council comments at the Public Hearing, such as internal circulation, internal orientation of the roads, streetscape needs attention and detail, internal view corridor, and the strip-center appearance of South Palm Canyon. Motion Councilmember Mills, seconded by Councilmember Pougnet and carried 3-1 on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: Councilmember McCulloch. ABSENT: Mayor Oden. f��r'?u�—aacZ City Council Minutes February 15, 2006 Page 4 I.C. MATTHEW PLACE CASE 5.1021 PLANNED DEVELOPMENT DISTRICT 303 TENTATIVE TRACT MAP 32826, SUBDIVIDING AN APPROXIMATE 9.9- ACRE PARCEL INTO 58 RESIDENTIAL CONDOMINIUM UNITS, TWO WATER QUALITY LOTS, AND PROJECT ARCHITECTURAL REVIEW: Edward Robertson, Principal Planner, and David Barakian, City Engineer, provided background information as outlined in the staff report dated February 15, 2006. Councilmember Mills requested clarification on density. Councilmember McCulloch, requested clarification on the Public Hearing process. Geoffrey Payne, Applicant, outlined the history of the site, the aspects of the project, the current information on flood control, and options for the Riverside County Flood Control District. Gary Buskovich, Palm Springs, spoke in support of the project and outlined the steps the developer has taken with the surrounding area and neighborhood, spoke against the basin. Councilmember Mills commented on the density calculations. Councilmember Pougnet requested clarification on the basin. Councilmember Mills requested clarification on the basin, and the landscape plan for the basin. Mayor Pro Tem Foat clarified if the project was "walkable" or gated. ACTION: 1) Adopt Resolution No. 21505, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1021, PLANNED DEVELOPMENT DISTRICT 303, TENTATIVE TRACT MAP 32826, AND ARCHITECTURAL DESIGN, FOR MATTHEW PLACE, A GATED RESIDENTIAL CONDOMINIUM DEVELOPMENT WITH 58 RESIDENTIAL UNITS, COMMON AREAS, AND ASSOCIATED FLOOD CONTROL AND SITE IMPROVEMENTS, ALONG WITH A CONSERVATION AREA, ON A 9.9-ACRE PARCEL LOCATED ON THE SOUTH SIDE OF MATTHEW DRIVE AT LINDEN DRIVE, SECTION 30, T4S, RSE, SBBM;" and 2) Adopt Resolution No. 21506, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT 303, FOR THE PROPERTY LOCATED SOUTH OF MATTHEW DRIVE AT LINDEN DRIVE, City Council Minutes (February 15, 2006 Page 5 SECTION 30, T4S, RSE, SBBM." Motion Councilmember Pougnet, seconded by Councilmember McCulloch and carried 3-1 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Pougnet, and Mayor Pro Tem Foat. NOES: Councilmember Mills. ABSENT: Mayor Oden. -I.D. APPLICATION BY MICHAEL MUELLER FOR A PLANNED DEVELOPMENT DISTRICT (PD 313), TO ALLOW FOR NEW DEVELOPMENT STANDARDS, TENTATIVE TRACT MAP (TTM 33334), FOR A CONDOMINIUM MAP AND A MAJOR ARCHITECTURAL APPLICATION (5.1052), FOR REMODELING, CONVERSION AND EXPANSION OF THE EXISTING PALM SPRINGS RACQUET CLUB TO A MIXED-USE DEVELOPMENT: Edward Robertson, Principal Planner, provided background information as outlined in the staff report dated February 15, 2006. Mike Mueller, Applicant, commented on the historical value and history of the property, outlined the aspects of the project and requested City Council support. Rick Hutcheson, Palm Springs, provided information as outlined in his letter dated February 14, 2006 and requested the elimination of balconies and the relocation of windows on certain lots to maintain privacy. Mark Powell, Palm Springs, spoke in support of the project. Christopher Green, Palm Springs, spoke in support of the project and commented on the Developer. Jan Heintshel, Palm Springs, spoke in support of the project and the Developers outreach to the neighborhood and concern for the historical value. Katharine Derry, Palm Springs, spoke in support of the project. Scott Histed, spoke in support of the project and preservation of the history of the property. Mary Kay Nibley, Palm Springs, spoke in support of the project. Paul Segal, spoke in support of the project and stated the Developers are respecting the history of the property. Irene Watson, outlined the history of the Racquet Club and spoke in support of the project. Mary Matthews, spoke in support of the project. City Council Minutes February 15, 2006 Page 6 Bill Snyder, Palm Springs, spoke in support of the project. Jean Gabriel, spoke in support of the project. Edward Skaats, spoke in support of the project as proposed. Mike Mueller, Applicant, addressed the comments of Rich Hutcheson and outlined the accommodations afforded to surrounding property owners. Councilmember Pougnet requested clarification on the date of the photos presented. Councilmember Mills requested clarification and identification of the new units being proposed, and the location from which the photos were taken, and the view from the new units being proposed. Mayor Pro Tem Foat commented on the original proposal which included a convenience store on the property. Councilmember Pougnet requested clarification on adding a convenience store, commented on the lower density and history of the property. Councilmember Mills commented on retail and minor uses and amending the PD concurrently with the submission of the final PD and requested modifications to the conditions to include a condition regarding the existing wall and increased landscaping. Councilmember McCulloch requested clarification of adding retail. ACTION: 1) Adopt Resolution No. 21507, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR CASE NO. 5.1052, PLANNED DEVELOPMENT DISTRICT 313, AND TENTATIVE TRACT MAP 33334, APPROVING A PROPOSED MIXED-USE DEVELOPMENT, AND THE CONSTRUCTION OF AN ADDITIONAL 55-UNIT CONDOMINIUM COMPLEX ON AN APPROXIMATE 10-ACRE PARCEL, WITHIN THE EXISTING PALM SPRINGS RACQUET CLUB, LOCATED AT 2743 NORTH INDIAN CANYON DRIVE, ZONE R-2, SECTION 3" adding conditions to review the existing entry wall, signage, and landscaping; and 2) Adopt Resolution No. 21508, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT 313, FOR THE PROPERTY LOCATED AT 2743 City Council Minutes February 15, 2006 Page 7 NORTH INDIAN CANYON DRIVE, ZONE R-2, SECTION 3." Motion Councilmember Pougnet, seconded by Councilmember Mills and carried 4- 0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. 'I.E. AN APPLICATION BY NEXTEL COMMUNICATIONS FOR A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A WIRELESS TELECOMMUNICATIONS FACILITY TO INCLUDE A 50-FOOT TALL STEEL MONOPALM AND 20' X 11.6' X 10' EQUIPMENT SHELTER SURROUNDED BY A 6' TALL WROUGHT IRON FENCE, LOCATED AT 708 SOUTH VELLA ROAD, ZONE M-1, SECTION 19: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated February 15, 2006. Councilmember Pougnet requested clarification if the neighborhood is in support. Councilmember Mills requested clarification regarding height and the potential loss of five-parking spaces. Mayor Pro Tern Foat requested clarification with respect to the proximity to the nearest residential structure. Tom Hanna, Applicant, outlined the steps taken by Nextel to place the tower to lessen the impacts to the residential area. Councilmember Mills requested clarification from the Applicant on the height without the decorative palms. ACTION: 1) Adopt Resolution No. 21509, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION AND APPROVING CASE NO. 5.1060 CUP, AN APPLICATION BY NEXTEL COMMUNICATIONS, FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A WIRELESS TELECOMMUNICATIONS FACILITY TO INCLUDE A 50-FOOT TALL STEEL MONOPOLE AND 20' X 11.6' X 10' EQUIPMENT SHELTER SURROUNDED BY A 6' TALL WROUGHT IRON FENCE, LOCATED AT 788 SOUTH VELLA ROAD, ZONE M-1, SECTION 19." Motion Councilmember Pougnet, seconded by Councilmember McCulloch and carried 3-1 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Pougnet, and Mayor Pro Tem Foat. NOES: Councilmember Mills. ABSENT: Mayor Oden. City Council Minutes February 15, 2006 Page 8 1.F. FOUR SEASONS TENTATIVE TRACT MAP 31525 APPLICATION BY K. HOVNANIAN COMPANIES SUBDIVIDING AN APPROXIMATE 23.9 ACRE PARCEL INTO 70 SINGLE-FAMILY RESIDENTIAL LOTS AND TWO WATER QUALITY LOTS ALONG WITH THE DEDICATION OF AN APPROXIMATE SEVEN-ACRE PARCEL FOR PARK PURPOSES: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated February 15, 2006. ACTION: 1) Continue the Public Hearing to March 15, 2006, without public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Motion Councilmember Pougnet, seconded by Councilmember Mills and carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. 'The City Council recessed at 9:04 P.M. 'The City Council reconvened at 9:11 P.M. (PUBLIC COMMENT: None. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. 2. CONSENT CALENDAR: Councilmember McCulloch noted his business related abstention on Item 2.D. Warrant No. 1010826. ACTION: Approve Items 2.A., 2.13. (excluding the minutes of February 8, 2006), 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.1., 2.J., 2.K. 21., 2.M., 2.0., 2.R., 2.S. and 23. Motion Councilmember Mills, seconded by Councilmember Pougnet and carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and File the Report on the Posting of the February 15, 2006, City Council Agenda. Approved as part of the Consent Calendar. City Council Minutes February 15, 2006 Page 9 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of February 1, 2006. Tabling the Minutes of February 8, 2006. Approved as part of the Consent Calendar. 2.C. STAFF AUTHORIZED AGREEMENTS FOR JANUARY 2006: ACTION: Receive and file Staff Authorized Agreements covering the period January 1 through January 31, 2006. Approved as part of the Consent Calendar. 2.13. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21510, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1010767 THROUGH 1011058 IN THE AGGREGATE AMOUNT OF $2,227,005.01 DRAWN ON BANK OF AMERICA;" and 2) Adopt Resolution No. 21511, "A RESOLUTION OF THE CITY PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 1-28-06 BY WARRANTS NUMBERED 409895 THROUGH 409948 TOTALING $66,953.58, LIABILITY CHECKS NUMBERED 1011059 THROUGH 1011087 TOTALING $128,765.66, THREE WIRE TRANSFERS FOR $53,516.35, AND THREE ELECTRONIC ACH DEBITS OF $860,402.98 IN THE AGGREGATE AMOUNT OF $1,109,638.57 DRAWN ON BANK OF AMERICA" noting the business related abstention of Councilmember McCulloch on Warrant No. 1010826. Approved as part of the Consent Calendar. 2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1681, AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 9.69 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF DRAINAGE, ROAD AND BRIDGE, AND FIRE PROTECTION IMPACT FEES IN THE PALM CANYON AREA: ACTION: Waive further reading and adopt Ordinance No. 1681, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 9.69 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF DRAINAGE, ROAD AND BRIDGE, AND FIRE PROTECTION IMPACT FEES IN THE PALM CANYON AREA." Approved as part of the Consent Calendar. ?.F. CIVIC DRIVE BLOCK WALL EXTENSION: ACTION: Adopt Minute Order No. 7809, Approving an agreement with J.C. Construction in the Amount of $34,200 for construction of the Civic Drive Block Wall Extension, City Project No. 05-17. A5231. Approved as part of the Consent Calendar. 2.G. AGREEMENT WITH LSA ASSOCIATES, INC. FOR "FOCUSED ENTITLEMENT" PLANNING SERVICES FOR THE PALM SPRINGS AUTO AUCTION AT 19TH AVENUE JUST NORTH OF THE 1-10 FREEWAY: ' ACTION: Adopt Minute Order No. 7810, Approving an Agreement with LSA Yi City Council Minutes February 15, 2006 Page 10 Associates, Inc. for "Focused Entitlement' planning services for the Palm Springs Auto Auction project in an amount not to exceed $46,000; and 2) Authorize the City Manager to execute all necessary documents in a form acceptable to the City Attorney. A5232. Approved as part of the Consent Calendar. 2.H. AGREEMENT WITH U.S. DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE TO PROCESS A SECTION 7 PERMIT FOR SHADOWROCK DEVELOPMENT PROJECT 5.0609: ACTION: 1) Adopt Minute Order No. 7811, Approving an agreement with the U.S. Department of the Interior Fish and Wildlife Service to process a Section 7 Permit for the Shadowrock Development Project 5.0609 not to exceed $100,000; and 2) Authorize the City Manager to execute all necessary documents in a form acceptable to the City Attorney. A5233. Approved as part of the Consent Calendar. 2.1. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 011-M1 WITH THE STATE OF CALIFORNIA FOR USE OF SURFACE TRANSPORTATION PROGRAM (STP) FEDERAL FUNDS FOR THE GENE AUTRY TRAIL UNION PACIFIC RAILROAD BRIDGE WIDENING, FEDERAL PROJECT NO. RPMSTPL-5282(018), CITY PROJECT NO. 01-04: ACTION: 1) Adopt Resolution No. 21512, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. M011 REV. 1 TO ADMINISTERING AGENCY-STATE AGREEMENT NO. 08-5282 WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $253,000 ($190,000 STP FEDERAL FUNDS / $63,000 REGIONAL MEASURE A FUNDS), FOR THE GENE AUTRY TRAIL UNION PACIFIC RAILROAD BRIDGE WIDENING, FEDERAL PROJECT RPMSTPL-5282(018), CITY PROJECT 01-04, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS." A5234. Approved as part of the Consent Calendar. 2.J. CONTRACT SERVICES AGREEMENT WITH DOKKEN ENGINEERING FOR THE INDIAN CANYON DRIVE WIDENING, TRAMVIEW ROAD TO THE UNION PACIFIC RAILROAD BRIDGE, (THROUGH THE WHITEWATER RIVER), FEDERAL PROJECT STPLN 5282(023), CITY PROJECT NO. 01-25: ACTION: 1) Adopt Minute Order No. 7812, Approving an agreement with Dokken Engineering in the amount of $745,855 for the environmental and civil engineering design services related to the Indian Canyon Drive Widening, Tramview Road to the Union Pacific Railroad Bridge (through the Whitewater River), Federal Project STPLN 5282(023), City Project No. 01-25; and 2) Authorize the City Manager to execute all necessary documents. A5235. Approved as part of the Consent Calendar. 2.K. AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO APPLY TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT City Council Minutes February 15, 2006 Page 11 BOARD FOR FUNDS AVAILABLE TROUGH SB 1346 RUBBERIZED ASPHALT CONCRETE GRANT PROGRAM, FY 2005-06: ACTION: Adopt Resolution No. 21513, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO APPLY TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR FUNDS AVAILABLE THROUGH THE SB 1346 RUBBERIZED ASPHALT CONCRETE GRANT PROGRAM, FY 2005-06;" and 2) Authorize City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 2.L. AWARD AN AGREEMENT FOR THE INSTALLATION OF VISTA CHINO FLOOD GATES - CITY PROJECT NO. 05-26: ACTION: 1) Adopt Minute Order No. 7813, Awarding an agreement to Alcorn Fence, in the amount of $39,605, for the Vista Chino Flood Gates, City Project No. 05-26; and 2) Authorize the City Manager to execute all necessary documents. A5236. Approved as part of the Consent Calendar. 2.M. AMENDMENT NO. 1 TO AGREEMENT WITH P & D CONSULTANTS FOR FIELD REVIEW AND INSPECTION SERVICES FOR THE DESERT WATER AGENCY'S MAINTENANCE FACILITY AND OPERATIONS CENTER RENOVATION: ACTION: 1) Adopt Minute Order No. 7814, Approving Amendment No. 1 to the agreement with P & D Consultants, for field review and inspection services for the Desert Water Agency's (DWA) project and special City on-call inspection services not to exceed $79,750.; and 2) Authorize the City Manager to execute all necessary documents in a form acceptable to the City Attorney. A5184. Approved as part of the Consent Calendar. ?.O. APPROVE PURCHASE OF A REPLACEMENT VEHICLE FOR THE FIRE DEPARTMENT: ACTION: Adopt Minute Order No. 7815, Awarding RFQ 2006-24 to Kearny Mesa Ford for the purchase of a new 2006 Ford Expedition 4 X 4 for the Fire Department in the amount of $33,777.60. Approved as part of the Consent Calendar. 2.R. APPROVE INCREASE IN FISCAL YEAR 2005-06 EXPENDITURE AUTHORIZATION FOR ALLSTAR FIRE EQUIPMENT, INC: ACTION: Adopt Minute Order No. 7818, Approving miscellaneous expenditures to Allstar Fire Equipment, Inc. for a variety of fire equipment in a cumulative amount not to exceed $60,000 for Fiscal Year 2005-06. Approved as part of the Consent Calendar. 2.S. APPROVE VEHICLE OUTFITTING FOR POLICE DEPARTMENT: ACTION: Adopt Minute Order No. 7819 Waiving the competitive requirements of the Municipal Code and approving the purchase of equipment and integration services for 16 police patrol vehicles from Woodcrest Vehicle Center in the amount of$140,529.60. Approved as part of the Consent Calendar. City Council Minutes February 15, 2006 Page 12 2.T. TRIBAL SPECIAL DISTRIBUTION FUND BUDGET AMENDMENT FOR CAPITAL FIRE EQUIPMENT: ACTION: Adopt Resolution No. 21516, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2005-06 TO INCREASE THE TRIBAL SPECIAL DISTRIBUTION FUND BY $191,707." Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.N. PROPOSED RESOLUTION AMENDING THE FISCAL YEAR 2005-06 BUDGET FOR THE TRAFFIC SIGNAL FLOW IMPROVEMENT PROJECT: Councilmember Pougnet requested clarification on additional Unallocated Gas Tax Funds. ACTION: Adopt Resolution No. 21514, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2005-06 FOR TRAFFIC SIGNAL FLOW IMPROVEMENT PROJECT, CITY PROJECT NO. 05-07." Motion Councilmember Pougnet, seconded by Councilmember Mills and carried 4- 0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. ?.P. CONFIRM DECLARATION OF AN EMERGENCY AND RECEIVE AND FILE A REPORT OF RESULTANT EMERGENCY PURCHASE OF REPAIR SERVICES: Councilmember Pougnet requested clarification on the sharing of cost with Cathedral City. ACTION: Approve Minute Order No. 7816, Confirming the City Manager's Declaration of a Public Safety Emergency of Friday, January 13, 2006 with respect to the operation of the traffic signal at Ramon Road and Crossley; and 2) Receive and file a report of emergency purchase over $25,000 relating to the declared emergency. Motion Councilmember Mills, seconded by Councilmember Pougnet and carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tem Foat. NOES: None. ABSENT: Mayor Oden. City Council Minutes February 15, 2006 Page 13 2.Q. AWARD CONTRACT TO FONTANA AND ASSOCIATES FOR CONSULTING SERVICES FOR TERMINAL HOLDROOM CONSTRUCTION: Councilmember Mills requested modifications to the agreement on exhibit A by adding "not limited to these services" and exhibit C by eliminating the hours per week and add subject to review of the City Attorney. ACTION: 1) Adopt Minute Order No. 7817, Approving an agreement with Fontana and Associates to provide construction consulting services for the construction of the Regional Jet Terminal Holdroom for a one-year term in an amount not to exceed $100,000 amending Exhibit A to include not limited to these services and Exhibit C by deleting the requirement for consultant to work not more than 16 hours per week; and 2) Authorize the City Manager to execute all necessary documents subject to review and approval by the City Attorney. A5237. Motion Councilmember Mills, seconded by Councilmember McCulloch and carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tem Foat. NOES: None. ABSENT: Mayor Oden. 1 LEGISLATIVE: 3.A. PROPOSED ORDINANCE RELATING TO SEWER USE REGULATIONS, INCLUDING THE ADOPTION OF FATS, OILS, AND GREASE CONTROL REGULATIONS APPLICABLE TO FOOD SERVICE ESTABLISHMENTS: David Barakian, City Engineer, provided background information as outlined in the staff report dated February 15, 2006. Mayor Pro Tem Foat requested clarification when the ordinance goes into effect and if the ordinance would apply to businesses ready to open, the regulation process, and commented on a food recycling program. Councilmember Mills suggested the City impose the proposed regulations on any new business that does not have an active building permit, as opposed to a business that is in process but does not have an occupancy permit. ACTION: 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading 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 City Council Minutes February 16, 2006 Page 14 ESTABLISHMENTS." Motion Councilmember Mills, seconded by Councilmember Pougnet and carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. 3.13. PROPOSED ORDINANCE MODIFYING REGULATIONS FOR THE USE OF ALARMS AND ALARM SYSTEMS: Gary Jeandron, Police Chief, provided background information as outlined in the staff report dated February 15, 2006. Mayor Pro Tern Foat requested clarification with respect to citizens who do not have access to a computer. Councilmember Mills commented on alternatives if a citizen does not have access to a computer. Mayor Pro Tern Foat requested clarification with respect to citizens who do not have access to a computer. ACTION: 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading 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." Motion Councilmember Pougnet, seconded by Councilmember Mills and carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tem Foat. NOES: None. ABSENT: Mayor Oden. 3.C. RESOLUTION OF INTENTION FOR TWO RULE 20A UTILITY UNDERGROUNDING DISTRICTS ALONG SUNRISE WAY AND/OR RAMON ROAD: David Barakian, City Engineer, provided background information as outlined in the staff report dated February 15, 2006. ACTION: 1) Adopt Resolution No. 21516, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH A RULE 20A UTILITY UNDERGROUNDING DISTRICT ON THE WEST SIDE OF SUNRISE WAY FROM EAST PALM City Council Minutes February 15, 2006 Page 15 CANYON DRIVE TO SUNNY DUNES ROAD;" and/or 2) Adopt Resolution No. 21517, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH A RULE 20A UTILITY UNDERGROUNDING DISTRICT ON THE NORTH SIDE OF RAMON ROAD FROM CERRITOS TO 500 FEET WEST OF EL CIELO ROAD." Motion Councilmember McCulloch, seconded by Councilmember Pougnet and carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. 3.11). PROPOSED ORDINANCE RELATING TO VACANT AND BOARDED BUILDINGS AS PUBLIC NUISANCES IN THE CITY OF PALM SPRINGS: Thomas Wilson, Assistant City Manager Development Services, provided background information as outlined in the staff report dated February 15, 2006. Councilmember Mills provided suggested modifications to the ordinance regarding landscaping, exterior maintenance, trash debris, adding loitering to criminal activity approved window screens fee waiver for actively pursuing a building permit and the amount of civil penalty. The City Council discussed the process of incorporating the suggestions, the amount of the civil fine, blighted buildings that are not vacant or boarded, signage, seasonal housing, basing the amount of the fine on the size of the property. ACTION: 1) Waive the reading of the Ordinance text in its entirety and introduce by title only; 2) Introduce on first reading 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" amending the ordinance as follows: Section 8.80.020(A)(3)(i) Maintenance of landscaping and plant materials in good condition and in accordance with previously approved plans if any; (ii) Maintenance of the exterior of the building, including but not limited to paint and finishes, in good condition, and in accordance with previously approved plans if any, (iii) Prompt and regular removal of all exterior trash, debris and graffiti (iv) Maintenance of the building in continuing compliance with all applicable codes, regulations and in accordance with previously approved plans if any; (v) Prevention of criminal activity on the premises, including but not limited to use and sale of controlled substances, prostitution, criminal street gang activity, and loitering; (vi) Windows screened with opaque material, approved by the building official, that prevents interior space of the building from being visible from public rights of way or public property; Section 8.80.040(C)(2) Is vacant for more than ninety days for any City Council Minutes February 15, 2006 Page 16 reason, such vacancy shall not include seasonal housing; (D)(1) The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy or has an application pending for a building permit or other entitlement, Section 8.80.050(A) civil penalty modified not to exceed one- thousand dollars ($1,000.00). Motion Councilmember Mills, seconded by Councilmember Pougnet and carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. 4. UNFINISHED BUSINESS: None. ,ACTION: Continue the meeting past the 10:00 P.M. tentative adjournment time. Motion Councilmember Pougnet, seconded by Councilmember Mills and carried 4-0 on a troll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. !i. NEW BUSINESS: S.A. APPOINTMENT TO THE HUMAN RIGHTS COMMISSION: City Clerk Thompson provided background information and stated the City Council subcommittee recommends the City Council consider Kris Benz be appointed to the Human Rights Commission. ACTION: Appoint Kris Benz to the Human Rights Commission to an unexpired term ending June 30, 2006. Motion Councilmember Pougnet, seconded by Councilmember Mills and carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tem Foat. NOES: None. ABSENT: Mayor Oden. S.B. APPOINTMENTS TO THE RENT REVIEW COMMISSION: City Clerk Thompson provided background information and stated the City Council subcommittee recommends the City Council consider Denise Anderson and Aaron Riviers be appointed to the Rent Review Commission. City Council Minutes February 15, 2006 Page 17 ACTION: Appoint Denise Anderson and Aaron Riviers to the Rent Review Board for terms expiring June 30, 2008. Motion Councilmember Pougnet, seconded by Councilmember Mills and carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tem Foat. NOES: None. ABSENT: Mayor Oden. 5.C. APPOINT A CITY COUNCIL SUBCOMMITTEE TO ADDRESS OPTIONS FOR THE O'DONNELL GOLF COURSE: Councilmember Mills stated he is a member of the O'Donnell Golf Course and would not participate in the discussion or vote and left City Council Chamber. ACTION: Appoint Mayor Oden and Councilmember McCulloch to a Subcommittee to address options for the O'Donnell Golf Course. Motion Councilmember Pougnet, seconded by Mayor Pro Tem Foat and carried 3-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Pougnet, and Mayor Pro Tem Foat. NOES: None. ABSENT: Councilmember Mills, Mayor Oden. Councilmember Mills returned to the dais. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Pougnet requested a report regarding the Sweetwater Saloon and a timeframe to remove the debris from the fire and demolition. Councilmember Mills requested the Planning Commission review the use of Office Space in the Downtown area, and requested Code Enforcement review a new business at the northeast corner of Ramon and Indian regarding the storage of trash. Councilmember McCulloch requested staff include analysis on different owner participation/requirements with respect to the East Palm Canyon portion of the Rule 20A Undergrounding Public Hearing. Councilmember Pougnet commented on the Tour de Palm Springs. Mayor Pro Tem Foat requested a meeting be set-up with the Police Chief and the Parks and Recreation Department regarding the basketball hoops at Baristo Park. ADJOURNMENT: The City Council adjourned at 10:17 P.M. to Study Session and Adjourned Regular Meeting on Wednesday, February 22, 2006, at 6:00 P.M., City Hall, City Council Minutes February 15, 2006 Page 18 City Council Chamber, preceded by a Closed Session at 4:30 P.M., City Hall, Small Conference Room, 3200 East Tahquitz Canyon Way, Palm Springs. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 1ST DAY OF MARCH, 2006. MAYOR ATTEST: City Clerk PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, FEBRUARY 22, 2006 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:05 P.M. PLEDGE OF ALLEGIANCE: Mayor Oden 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. Mayor Oden called the meeting to order and the City Council recessed into Closed Session to discuss Items on the posted Closed Session Agenda. No reportable actions were taken. ,ACCEPTANCE OF THE AGENDA: ACTION: Accept the Agenda as presented. Motion Councilmember Mills, seconded by Mayor Pro Tern Foat and unanimously carried on a roll call vote. PRESENTATIONS: None. PUBLIC COMMENT: ROBERT RICCIARDI, Palm Desert, spoke against the Coachella Valley Multi-Species Habitat Plan and requested the City Council not approve the Plan. DUANE ROHRBAUGH, spoke in support of locating the College of the Desert in Palm Springs, provided statistics regarding the Miss. Teen event. JON CAFFERY, spoke in support of College of Desert locating the West Valley E=ducation Center in the City of Palm Springs. DANIA DUKE, Palm Springs, stated her support for the proposal to locate the College of the Desert Education Center in the City of Palm Springs, and stated the Hyatt would be open to partner with the Center to develop Intern and other programs. STEVE NICHOLS, Palm Springs, spoke in support to the West Valley Campus of College of the Desert in the City of Palm Springs. City Council Minutes February 22, 2006 Page 2 IRENE WATSON, Palm Springs, spoke in support of the College of the Desert West 'Valley Campus in the City of Palm Springs. MARVIN AZZOPARDI, spoke in support of the College of the Desert locating a West Valley Campus in the City of Palm Springs. WESLEY COLE, spoke in support of the College of the Desert locating a West Valley Camput in the City of Palm Springs. SHEILA COBRIN, read a letter from Ed Torres, in support of the College of the Desert locating a West Valley Campus in the City of Palm Springs. JOY MEREDITH, spoke in support of the College of the Desert locating in the City of Palm Springs, spoke in support to Item 5.13. sponsorship of the Miss. Teen Pageant. .JEAN HILL, Palm Springs, spoke in support of the College of the Desert locating a West Valley Campus in the City of Palm Springs. JOHN WILLIAMS, Palm Springs, spoke in support of the College of the Desert locating a West Valley Education Center in the City of Palm Springs. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: City Manager Ready provided an update on the Police Chief Conference and the Finance Officer Conference in the City of Palm Springs. >.. CONSENT CALENDAR: J. LEGISLATIVE: 41. UNFINISHED BUSINESS: 5. NEW BUSINESS: 5.A. PROPOSED RESOLUTION OF SUPPORT AND COMMITMENT FOR THE DESERT COMMUNITY COLLEGE DISTRICT TO LOCATE A CAMPUS FOR THE WEST VALLEY EDUCATION CENTER WITHIN THE CITY OF PALM SPRINGS: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated February 22, 2006 and presented a promotional DVD. i City Council Minutes February 22, 2006 Page 3 Mayor Oden stated many letters of support have been received and noted relevant comments. Councilmember Pougnet thanked the community for their support and letters; stated his support for the College of the Desert locating a West Valley Campus in the City of Palm Springs. Councilmember McCulloch stated his support and commented on the needs of the community. Councilmember Mills thanked the community for their letters of support and commented on the opportunity to the Community and the aggressive program outlined by the City. Mayor Pro Tern Foat stated this is a win-win project for the College and the City and commented on the amenities the City can offer the campus and students. Mayor Oden commented on the process with the College of the Desert and thanked staff for their efforts with the proposal. Councilmember Mills requested the proposed Resolution be amended to include other uses or facilities that can be used with Quimby Fees. ACTION: Adopt Resolution No. 21518, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXPRESSING ITS SUPPORT AND COMMITMENT TO A PROPOSED CAMPUS SITE OF THE WEST VALLEY EDUCATION CENTER WITHIN THE CITY OF PALM SPRINGS, AT A 115 ACRE SITE LOCATED AT THE NORTHWEST CORNER OF TRAMVIEW ROAD AND NORTH INDIAN CANYON DRIVE" amending the recitals to include other potential uses of Quimby park fees. Motion Mayor Pro Tern Foat, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 5.13. SPONSORSHIP OF THE 2006 MISS TEEN USA PAGEANT: City Manager Ready provided background information as outlined in the staff report dated February 22, 2006. Councilmember McCulloch requested clarification on the estimated out-of-pocket costs for providing the Convention Center at no charge, estimated sales tax and other revenue generated to the City; stated his support for providing some level of additional funding. Councilmember Pougnet requested the reasons why the Miss. Teen Pageant was not in Palm Springs in 2005, the ramifications if additional assistance was City Council Minutes February 22, 2006 Page 4 not provided, and the possibility of not having another event or use of the Convention Center during the Miss Teen event. Councilmember Mills commented on hotels that may be down during the pageant and the importance of generating business during the off-season, requested clarification on a longer term agreement and the marketing budget for the Convention Center. Mayor Pro Tem Foat commented on the marketing of the new Convention Center and the funds available to market the Convention Center and fund this subsidy. Mayor Oden commented on funds available for Convention Center marketing, timing of this event off-season, media impressions and outreach. Mayor Pro Tern Foat commented on the amount of the funding request, requested clarification with respect to the time-frame and the amount of time requested to use the Convention Center. Councilmember Mills requested clarification with respect to the Bureau of Tourism review of the request and commented on the funds appropriated to market the Convention Center. ACTION: 1) Approve Minute Order No. 7820, Authorizing the City Manager to prepare and send a letter to the Miss Universe Organization offering full use of the Palm Springs Convention Center in lieu of financial support of the 2006 Miss Teen USA Pageant; 2) Approve Minute Order No. 7821, Authorizing the City Attorney to prepare an Event Sponsorship Agreement with the Miss Universe Organization in the amount of $75,000 but authorize the City Manager to negotiate in an amount up-to $100,000 to be the host city of the 2006 Miss Teen USA Pageant at the Palm Springs Convention Center; and 3) Adopt Resolution No. 21519 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2005-06 FISCAL YEAR" amending Section 1 ADDITIONS to read up-to $100,000 and Section 2 SOURCE OF FUNDS up-to $100,000 and the Source of Funds as a combination of Fund Balance and Convention Center Marketing Funds at the discretion of the City Manager, 3) Authorize the City Manager to execute all necessary documents to effectuate this action. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. The City Council recessed at 7:31 P.M. The City Council reconvened at 7:44 P.M. City Council Minutes February 22, 2006 Page 5 STUDY SESSION: A. GENERAL PLAN LAND USE MAP: Craig Ewing, Director of Planning Services, Wendy Grand and Dick Ramella from The Planning Center provided background information and presented a Power Point presentation of the proposed Land Use Plan. Mayor Pro Tern Foat stated her concerns about the timing of the documents, requested clarification on the source of the draft recommendations, the impacts of the Multi-Species Habitat Plan, the concept of preferred use, more flexibility on mixed use areas and in-fill projects, and the proposed wind energy overlay area. Councilmember Pougnet commented on the prior work on the Downtown Urban Design Guidelines, mixed use areas in the Downtown and proposed Community Design and community overlay zones. Councilmember Mills requested clarification on the proposed Desert Conservation Designation, the classification of a small hotel, commented on the boundaries of Downtown/Uptown, Task Force Recommendation and density modifications for Planning Area 9 in the Snow Creek area, requested clarification with respect to current population calculations, interfacing with the Tribe, industrial uses with respect to traffic studies, and the conservation area near the proposed College of the Desert campus. Councilmember McCulloch commented on and requested clarification with respect the conservation area in the 1-10 corridor; stated his support for allowing development in the 1-10 corridor and North of 1-10. Mayor Oden commented on the development growth and planning for the future, and the involvement of the community in the process Councilmember Mills commented on the overlay for the Multi Species Habitat Plan and input from the Tribe and the area between the railroad tracks and 1-10. Mayor Pro Tem Foat requested a legend to work with the booklet presented at the Study Session, COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Pougnet thanked staff for the timely report on the Sweetwater Saloon. Councilmember Mills requested an update with respect to the construction at Indian Manor and a report on the status of the ATM at Washington Mutual. City Council Minutes February 22, 2006 Page 6 Councilmember McCulloch commented on the fiscal aspects of the Desert Art Museum. Mayor Oden outlined the activities and events attended by the Mayor's Office, announced the Black History Month event on February 25, 2006. ADJOURNMENT: The City Council adjourned at 8:55 P.M. to the Regular Meeting, Wednesday, March 1, 2006, 2006, at 6:00 P.M., City Hall Council Chamber, preceded by a Closed Session at 4:30 P.M., City Hall Small Conference Room, 3200 Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 1ST DAY OF MARCH, 2006. MAYOR ATTEST: City Clerk