HomeMy WebLinkAbout2006-06-07 CC MINUTES PALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, JUNE 7, 2006
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Oden called the meeting to order at 6:04 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,
City Treasurer Graves.
REPORT OF CLOSED SESSION: City Attorney Holland stated that at 4:30 P.M. the
meeting was called 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:
City Clerk Thompson stated that staff requests Legislative Item 4.A. be heard
concurrently with Public Hearing Item 1.8.
City Clerk Thompson stated that staff requests Consent Calendar Item 2.0 be heard
concurrently with Public Hearing Item 1.C. and as a Joint Public Hearing of the City
Council and the Community Redevelopment Agency Item RA2.
Mayor Pro Tern Foat requested Item 2.P. be removed from the Consent Calendar for
separate discussion.
Councilmember McCulloch noted his business related abstention on Consent Calendar
Item 2.C., Warrant No. 103310; and requested Item 2.D. be removed from the Consent
Calendar for separate vote.
Councilmember Mills requested Items 2.1-1. and 2.N. be removed from the Consent
Calendar for separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Pougnet,
seconded by Councilmember McCulloch and unanimously carried on a roll call
vote.
City Council Minutes
June 7, 2006
Page 2
PRESENTATIONS:
Mayor Oden and the City Council presented a Certificate of Appreciation to Jeff Hunter,
Executive Director, California Tow Truck Association, for their community service by
providing assistance to individuals hit hardest by Hurricane Katrina.
The Office of Neighborhood Involvement Committee presented the City Council the
New Resident Information Packets.
1. PUBLIC HEARINGS:
1.A. SMOKETREE COMMONS, CASE 5.1050, GENERAL PLAN SMOKE TREE
AREA PLAN TEXT CHANGE, GENERAL PLAN CIRCULATION MAP STREET
RECLASSIFICATION, AND PLANNED DEVELOPMENT DISTRICT-312,
ACCOMMODATING A 170,265-SQUARE FOOT SHOPPING CENTER WITH
FOURTEEN BUILDINGS:
Craig Ewing, Director of Planning Services, provided background information as
outlined in the staff report dated June 7, 2006.
City Attorney Holland provided the City Council with a revised Resolution for
consideration by the City Council.
Mayor Oden opened the public hearing and the following speakers addressed
the City Council.
JEFF CHAMBERS, Representing Applicant, stated he was available for
questions.
MICHAEL LEBERMAN, Representing Applicant, provided background
information with respect to the development.
CHRIS ELLIOTT, Representing Applicant, provided the City Council with an
update on the proposed tenants.
EMERSON SCHARTZKOPT, Palm Springs, stated the homeowners association
is not opposed to the project, but they are opposed to the extension of La Reina
Way.
JOHN MORRIS, Palm Springs, President of Garden Villas, stated he is opposed
to the site plan, and recommended the City Council follow the recommendation
of the Planning Commission.
LYNDA KERNEY, Palm Springs, stated she is in favor of the project, but
opposed to the third traffic signal and requested the main entrance on Farrell.
City Council Minutes
June 7, 2006
Page 3
JOY MEREDITH, Palm Springs, spoke in support of the project.
No further speakers coming forward, the public hearing was closed.
Mayor Oden requested staff address the noticing process.
Councilmember McCulloch requested staff respond to the extension of the
roadway.
Councilmember McCulloch requested staff address the discussion of architecture
and the site plan at the Planning Commission and Architectural Advisory
Committee meetings.
Councilmember Mills noted the sequential numbering on page 3 of the
Conditions of approval, noted Condition No. 11 does not apply to this project and
the condition should be deleted from the Conditions; and Condition No. 15 does
not pertain to commercial properties and should be deleted in the conditions.
Councilmember Mills commented on and requested staff address several
components of the site plan and proposed several alternatives.
Mayor Pro Tem Foat commented on several elements of the project, and noted
her concerns with excessive traffic lights; requested staff address components of
the site plan.
Councilmember Pougnet commented on the mix of retailers, noted his
agreement with previous comments made by the City Council with respect to the
site plan, requested the City Council have final approval of the architecture,
stated his support for the elimination of Frontage Road, requested the Applicant
address the specialty store and suggestions made by the City Council.
Mayor Pro Tern Foat requested staff address the proposed delivery route and the
potential disturbance caused to the condos on Baron.
Mayor Oden commented on the grouping of certain stores in the retail center,
stated his agreement with Councilmember McCulloch regarding the traffic signal
and his agreement with Councilmember Pougnet on the Frontage Road,
commented on the setbacks, and stated he would request the City Council have
the final approval on the architectural review.
Councilmember Mills commented on the planning and development of retention
basins, and stated that the City Council is only approving one drive-thru
restaurant.
City Council Minutes
June 7, 2006
Page 4
ACTION: 1) Adopt Resolution No. 21609, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING THAT
THE FINAL ENVIRONMENTAL IMPACT REPORT FOR CASE 5.1050 PD-312
IS ADEQUATE AND COMPLETE, CERTIFYING THAT REPORT, ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS, AND DIRECTING STAFF
TO FILE THE ASSOCIATED NOTICE OF DETERMINATION, AMENDING THE
GENERAL PLAN TEXT TO ALLOW A SPECIALTY MARKET WITHIN THE
SMOKE TREE AREA PLAN; AMENDING THE GENERAL PLAN CIRCULATION
MAP TO RECLASSIFY THE SECTION OF EAST PALM CANYON DRIVE
ADJACENT TO THE PROJECT SITE AS A "MAJOR THOROUGHFARE" IN
ORDER TO FACILITATE THE ELIMINATION OF THE FRONTAGE ROAD, AND
ADOPTING PLANNED DEVELOPMENT DISTRICT 312, APPROVING THE
SITE DEVELOPMENT PLAN, ON AN APPROXIMATE 17.99-ACRE SITE
LOCATED ON THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE
AND FARRELL DRIVE, ZONE C-S-C, SECTION 36" as amended by correctly
numbering the Conditions of Approval, deleting Condition No. 11 with respect to
the Section 14 Specific Plan and deleting Condition No. 15 regarding the Public
Safety CFD; and 2) Refer the conceptual architectural design to the Architectural
Advisory Committee and the Planning Commission for review and action, with
the City Council to have approval of the Preliminary Architectural Plan. Motion
Councilmember Mills, seconded by Councilmember Pougnet and
unanimously carried on a roll call vote.
1.13. APPLICATION BY VIA ESCUELA LAND PARTNERS, LLC, CASE 5.10388,
TO APPEAL PLANNING COMMISSION ACTION OF MAY 24, 2006, DENYING
THE REQUEST TO AMEND TENTATIVE TRACT MAP 33542 AND PD-310 TO
REMOVE CONDITION OF APPROVAL NO. 51, LOCATED AT THE
SOUTHWEST CORNER OF VIA ESCUELA AND NORTH PALM CANYON
DRIVE, ZONE PD-310, SECTION 3, APN 504-310-035:
The City Council heard Items 1.8. and 4.A. concurrently.
Craig Ewing, Director of Planning Services, provided background information as
outlined in the staff report dated June 7, 2005.
Mayor Oden requested staff address State Route 111 in this area, and the role of
Sunline in the determination of the proposed bus stop.
Councilmember McCulloch requested staff address if the small turn-out is not
approved by Cal-Trans.
Councilmember Pougnet requested staff address the parking shoulder area,
before the encroachment on State Route 111.
Mayor Oden opened the public hearing, and the following speakers addressed
the City Council.
City Council Minutes
June 7, 2006
Page 5
ERIC GUINEAN, Representing Applicant, commented on the best solution,
however, Cal-Trans must approve that solution, stated this hearing is applicable
and needed if Cal-Trans does not approve that solution.
MARK MCNALLY Applicant, commented on the Cal-Trans feedback to "popping
out" the curb.
No further speakers coming forward the public hearing was closed.
Mayor Pro Tern Foat stated her support for the project as outlined in the letter
submitted by Eric Guinean and recommended we allow for the 4 foot turn-out or
remove Condition No. 51.
Councilmember Mills requested staff address the requirement for Cal-Trans
approval and if Cal-Trans has imposed a condition if the curb stays as-is;
commented on the loss of four Palm Trees at the entry to the City, and requested
staff address if a possible center left-turn lane would ever have to be installed.
Councilmember Pougnet commented on the decision of staff, and stated his
support for the Applicants request and would support the elimination of Condition
No. 51.
Councilmember McCulloch requested staff address eliminating Condition No. 51
as opposed to the alternate solution; commented on the removal of Palm Trees.
Mayor Oden commented on the removal of Palm Trees and the effects of this
stop on the Riviera Hotel.
Councilmember Mills commented on elimination of the turn-out, but not the bus
shelter and requested Condition 51 be amended but included.
ACTION: 1) Grant the Appeal of Via Escuela Land Partners, LLC, Case No.
TTM33542, PD-310, APN 504-310-035 amending Condition No. 51 of Exhibit A
to Resolution No. 21387 to read "Prior to issuance of occupancy permits, the
applicant shall install a bus shelter along the project's North Palm Canyon right-of
way at a location to be determined by the City Engineer and in compliance with
State and Federal accessibility requirements. The design of the shelter shall
complement the project architecture and shall be reviewed by the Director of
Planning Services prior to installation." and 2) Adopt Resolution No. 21610 "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING FINAL MAP 33542 FOR PROPERTY LOCATED AT
2003 NORTH PALM CANYON DRIVE, SECTION 3, TOWNSHIP 4 SOUTH,
RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT
AGREEMENT WITH VIA ESCUELA LAND PARTNERS, LLC, A DELAWARE
LIMITED LIABILITY COMPANY;" and 3) Authorize the City Manager to execute
City Council Minutes
June 7, 2006
Page 6
all necessary documents. A5291. Motion Councilmember McCulloch,
seconded by Mayor Pro Tern Foat and unanimously carried on a roll call
vote.
The City Council recessed at 8:12 P.M.
The City Council reconvened at 8:24 P.M.
The City Council convened as a Joint Meeting of the City Council and the City of Palm
Springs Community Redevelopment Agency at 8:24 P.M.
1.C. ADOPTION OF CITY OF PALM SPRINGS FISCAL YEAR 2006-07 BUDGET
AND COMMUNITY REDEVELOPMENT AGENCY BUDGET:
The City Council heard Items 1.C., RA2., and 2.0. concurrently.
City Manager Ready provided background information as outlined in the Budget
documents.
Mayor Oden opened the public hearing, and no speakers coming forward the
public hearing was closed.
Mayor Pro Tern Foat requested the City Manager address the funding for the
Tahquitz Canyon Wash improvements.
Councilmember Pougnet provided information on the TOT pilot project and
enforcement of the TOT requirements in the City.
Mayor Oden commented on the TOT pilot project and commented on grant
opportunities.
Councilmember McCulloch commented on employee costs, historical overview
and fund balance.
Councilmember Mills requested staff address the reserve on a percentage basis,
library services, and commented on the desert landscape conversion for
Tahquitz and modifications to City Hall.
Mayor Pro Tern Foat commented on the focus of the City Council toward the
income side of the budget.
Councilmember Pougnet commented on the revenues and the revitalization of
the Downtown area.
Councilmember McCulloch requested the motion and the vote between the City,
Agency and Allocated Positions be separated.
City Council Minutes
June 7, 2006
Page 7
Mayor Oden commented on the focus on revenue side of the budget process.
ACTION: 1) Adopt Resolution No. 21611, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A
BUDGET FOR THE FISCAL YEAR 2006-07;" and 2) Direct the City Manager
and Director of Finance and Treasurer to take the necessary action to execute
the adoption of the budget. Motion Mayor Pro Tern Foat, seconded by
Councilmember Mills and carried 4-1 on a roll call vote.
AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern
Foat, and Mayor Oden.
NOES: Councilmember McCulloch.
ACTION: Adopt Resolution No. 21612, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE
ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR
2006-07." Motion Councilmember Mills, seconded by Councilmember
Pougnet and unanimously carried on a roll call vote.
RA1. VISTA SUNRISE APARTMENTS, LP, RESTATED AND AMENDED
DISPOSITION AND DEVELOPMENT AGREEMENT TO APPROVE
ADDITIONAL FUNDING IN THE AMOUNT OF $200,000:
John Raymond, Director of Community and Economic Development, provided
background information as outlined in the staff report dated June 7, 2006.
Mayor Pro Tern Foat requested staff address the participation of the investor,
and any contingency fund.
Councilmember Mills requested staff address the timing of the original
construction bid.
Mayor Oden opened the public hearing, and no speakers coming forward the
public hearing was closed.
ACTION: Adopt Resolution No. 21613, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
AMENDMENT NO. 1, A RESTATED AND AMENDED DISPOSITION AND
DEVELOPMENT AGREEMENT, PROMISSORY NOTE, AND DEED OF TRUST
WITH THE ASSIGNMENT OF RENTS WITH VISTA SUNRISE APARTMENTS,
LP TO APPROVE ADDITIONAL FUNDING IN THE AMOUNT OF $200,000;" and
2) Authorize the City Manager to execute all necessary documents. A0464C.
Motion Councilmember Pougnet, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
City Council Minutes
June 7, 2006
Page 8
RA2. PUBLIC HEARING - ADOPTION OF FISCAL YEAR 2006-07 BUDGET:
Heard concurrently with Public Hearing Item 1.C.
The City of Palm Springs Community Redevelopment Agency adjourned at 9:10 P.M.
and the City Council continued.
PUBLIC COMMENT:
MICHAEL BOWLING, Palm Springs, commented on crime in his neighborhood, and
requested an increase in funding for the Police Department.
DR. WAYNE MCKINNY, commented on Consent Calendar Item 2.1-1. and requested the
City Council support the extended hours at the Cooling Center.
JOY MEREDITH, Palm Springs, commented on Item 5.E. and requested the City
Council overrule the decision of the VillageFest Board.
BOB HELBLING, Palm Springs, commented on the Joint Meeting of the City Council,
Planning Commission and the Architectural Advisory Committee and in support of future
meetings.
SARA MUNRO, Josha Tree, commented on Item 5.E. and requested the City Council
overrule the VillageFest Board.
CRAIG BLAU, Palm Springs, commented on the current initiative being circulated
regarding height limitations.
Councilmember McCulloch stated he had to leave the meeting early and left the
meeting at 9:29 P.M.
COUNCILMEMBER COMMENTS AND REQUESTS: None.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.E., 2.F., 2.G., 2.1., 2.J., 2.K., 21.,
2.M., 2.Q., and 2.R. Motion Mayor Pro Tern Foat, seconded by
Councilmember Mills and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern
Foat, and Mayor Oden.
NOES: None.
ABSENT: Councilmember McCulloch.
City Council Minutes
June 7, 2006
Page 9
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and File Report on the Posting of the June 7, 2006, City
Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of May 17, 2006, May 24, 2006, and
May 31, 2006. Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 21614, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 5-6-06 BY
WARRANTS NUMBERED 410275 THROUGH 410328 TOTALING $72,315.26,
LIABILITY CHECKS NUMBERED 1012893 THROUGH 1013192 TOTALING
$126,898.33, THREE WIRE TRANSFERS FOR $55,616.57 AND THREE
ELECTRONIC ACH DEBITS OF $897,694.72 IN THE AGGREGATE AMOUNT
OF $1,152,524.88 DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No.
21615, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1013193 THROUGH 1013492 IN THE
AGGREGATE AMOUNT OF $2,680,964.72 DRAWN ON BANK OF AMERICA"
noting the abstention of Councilmember McCulloch on Warrant No. 103310 and
3) Adopt Resolution No. 21616, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 5-20-06 BY WARRANTS
NUMBERED 410329 THROUGH 410383 TOTALING $68,482.84, LIABILITY
CHECKS NUMBERED 1013493 THROUGH 1013522 TOTALING $127,354.38,
THREE WIRE TRANSFERS FOR $54,934.49 AND THREE ELECTRONIC ACH
DEBITS OF $837,999.49 IN THE AGGREGATE AMOUNT OF $1,088,771.20
DRAWN ON BANK OF AMERICA." Approved as part of the Consent
Calendar.
2.E. APPROVAL OF A NOTICE OF SUBDIVISION COMPLETION BETWEEN THE
CITY OF PALM SPRINGS AND AMERICAN REALTY TRUST, INC., FOR
PARCEL MAP 30745, DESTINATION RAMON:
ACTION: 1) Adopt Minute Order No. 7863, Approving Notice of Subdivision
Completion for Parcel Map 30745, Section 20, Township 4 South, Range 5 East
with American Realty Trust, Inc.; 2) Authorize the City Manager to execute all
necessary documents; and 3) Direct the City Clerk to record the Agreement with
the Riverside County Recorder. Approved as part of the Consent Calendar.
2.17. TREASURER'S INVESTMENT REPORT AS OF APRIL 30, 2006:
ACTION: Receive and File Treasurer's Investment Report as of April 30, 2006
Approved as part of the Consent Calendar.
City Council Minutes
June 7, 2006
Page 10
2.G. ADOPTION OF A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO
SELL WINE AT FAME TOBACCONIST LOCATED AT 155 SOUTH PALM
CANYON DRIVE, ZONE CBD, SECTION 15:
ACTION: Adopt Resolution No. 21617, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A
RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL WINE AT
FAME TABACCONIST LOCATED AT 155 SOUTH PALM CANYON DRIVE,
ZONE CBD, SECTION 15." Approved as part of the Consent Calendar.
2.1. PROPOSED AGREEMENTS AWARD TO FIVE FULL-SERVICE AIRPORT
RENTAL CAR OPERATORS (AVIS RENT A CAR SYSTEM, LLC, BUDGET
RENT A CAR SYSTEM, INC., DTG OPERATIONS, INC., THE HERTZ
CORPORATION, VANGUARD CAR RENTAL USA INC., AND TO ONE
LIMITED SERVICE AIRPORT RENTAL CAR OPERATOR ENTERPRISE
RENT-A-CAR COMPANY OF LOS ANGELES) TO OPERATE AIRPORT
RENTAL CAR CONCESSIONS:
ACTION: 1) Approve Minute Order No. 7864, Authorizing five, full-service
airport rental car concession agreements to Avis Rent A Car System, LLC,
Budget Rent A Car System, Inc., DTG Operations, Inc. (Dollar/Thrifty), The Hertz
Corporation, and Vanguard Car Rental USA Inc. (National/Alamo), and one
limited service airport rental car concession agreement to Enterprise Rent-A-Car
Company of Los Angeles for a term of three years and two one-year optional
periods at the discretion of the City; and 2) Authorize the City Manager to
execute all necessary documents. A5292, A5293, A5294, A5295, A5296 and
A5302. Approved as part of the Consent Calendar.
2.J. AMENDMENT NO. 1 TO AGREEMENT NO. A5033 WITH SIERRA AVIATION
GROUP, INC:
ACTION: 1) Approve Minute Order No. 7865, Approving Amendment No. 1 to
Agreement No. A5033 with Sierra Aviation Group, Inc., Non-Exclusive Operating
and Lease Agreement effective February 1, 2006 and valid until January 31,
2008, to delete the wheelchair storage space from the agreement; and 2)
Authorized the City Manager to execute all necessary documents. A5033.
Approved as part of the Consent Calendar.
2.K. DISADVANTAGED BUSINESS ENTERPRISE RACE-NEUTRAL
IMPLEMENTATION AGREEMENT WITH THE CALIFORNIA DEPARTMENT
OF TRANSPORTATION:
ACTION: 1) Adopt Resolution No. 21618, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE
DISADVANTAGED BUSINESS ENTERPRISE RACE-NEUTRAL
IMPLEMENTATION AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS);" and 2) Authorize the City Manager to
execute all necessary documents. A5297. Approved as part of the Consent
Calendar.
City Council Minutes
June 7, 2006
Page 11
21. CONTRACT SERVICES AGREEMENT WITH CONTRERAS CONSTRUCTION
COMPANY FOR FIRE STATION NO. 1, PARKING LOT RESURFACING:
ACTION: Adopt Minute Order No. 7866, Approving an agreement with Contreras
Construction for the construction of whitetopping concrete application resurfacing
for the parking lot at Fire Station No. 1, in the amount of $38,760, City Project
No. 06-10; and 2) Authorize the City Manager to execute all necessary
documents. A5298. Approved as part of the Consent Calendar.
2.M. ACCEPTANCE OF RIGHT-OF-WAY FOR SOUTH PALM CANYON DRIVE
FROM NATBECK INVESTMENTS, SECTION 34, TOWNSHIP 4 SOUTH,
RANGE 4 EAST, FILE R-05-15:
ACTION: 1) Adopt Minute Order No. 7867, Accepting a dedication of Right-of-
Way for South Palm Canyon Drive from Natbeck Investments, Section 34,
Township 4 South, Range 4 East; and 2) Authorize the City Clerk to prepare a
Certificate of Acceptance, and submit the Grant of Right-of-Way to the Riverside
County Recorder for recordation. Approved as part of the Consent Calendar.
2.0. ALLOCATED POSITIONS AND COMPENSATION PLAN FOR POSITIONS IN
THE CITY SERVICE FOR FISCAL YEAR 2006-07:
ACTION: Item heard concurrently with Public Hearing Item 1.C. Approved as
part of the Consent Calendar.
2.Q. PURCHASE CYRUN CAD AND RMS COMPUTER SYSTEM:
ACTION: 1) Adopt Minute Order No. 7870, Authorizing the City Procurement
Department to purchase the Cyrun's Alliance PD Central CAD and RMS software
system in the amount of $298,730; and 2) Authorize the City Manager to execute
all necessary documents. Approved as part of the Consent Calendar.
2.R. AGREEMENT WITH MSA CONSULTING, INC. FOR "FOCUSED
ENTITLEMENT" PLANNING SERVICES FOR THE PALM SPRINGS ART
COLONY, A PROPOSED MIXED-USE RESIDENTIAL AND RETAIL
DEVELOPMENT ON APPROXIMATELY 15 ACRES ON THE SOUTH SIDE OF
RACQUET CLUB ROAD BETWEEN NORTH PALM CANYON DRIVE AND
NORTH INDIAN CANYON DRIVE, CASE 5.1113 PD-329/3.2903:
ACTION: 1) Adopt Minute Order No. 7871, Approving an agreement with MSA
Consulting, Inc. for "Focused Entitlement and EIR" planning services for Palm
Springs Art Colony, a proposed mixed-use residential and retail development on
approximately 15 acres on the south side of Racquet Club Road between North
Palm Canyon Drive and North Indian Canyon Drive, not to exceed $39,000; and
2) Authorize the City Manager to execute all necessary documents in a form
acceptable to the City Attorney. A5301. Approved as part of the Consent
Calendar.
City Council Minutes
June 7, 2006
Page 12
EXCLUDED CONSENT CALENDAR:
2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO.
1690, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE CITY OF
PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC
SAFETY SERVICES), ANNEXATION NO. 1:
ACTION: Waive further reading and adopt Ordinance No. 1690, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
THE LEVY OF A SPECIAL TAX WITHIN THE CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY
SERVICES), ANNEXATION NO. 1." Motion Mayor Pro Tem Foat, seconded
by Councilmember Mills and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tem
Foat, and Mayor Oden.
NOES: None.
ABSENT: Councilmember McCulloch.
2.H. TEMPORARY MODIFICATIONS TO OPERATE A COOLING CENTER IN
CONJUNCTION WITH RIVERSIDE COUNTY'S SUMMER CRISIS PLAN TO
BE HOSTED BY THE WELL IN THE DESERT, DBA THE DESERT
RESOURCE CENTER:
Councilmember Mills requested staff provide information on the other Cooling
Centers in the City, and the close proximity of Cooling Centers.
Mayor Pro Tem Foat indicated the Sub-Committee is not addressing the services
at the Frey Building.
Mayor Oden asked the sub-committee members if this action is congruent with
the overall direction of sub-committee reviewing Homeless issues.
ACTION: Direct the City Manager to modify the days and hours of operation, on
an as-needed basis, at the Dr. R.G. Frey-Jaycees Community Building for the
designated Cooling Center operated by The Well in the Desert, dba the Desert
Resource Center. Motion Councilmember Pougnet, seconded by Mayor Pro
Tem Foat and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tem
Foat, and Mayor Oden.
NOES: None.
ABSENT: Councilmember McCulloch.
City Council Minutes
June 7, 2006
Page 13
2.N. CONTRACTS FOR LANDSCAPE MAINTENANCE SERVICES FOR PARKS,
PARKWAYS, ASSESSMENT DISTRICTS AND MISCELLANEOUS
LANDSCAPED AREAS:
Councilmember Mills requested staff address the provisions of the new contract
with respect to park maintenance.
ACTION: 1) Adopt Minute Order No. 7868, Approving an agreement with
Kirkpatrick Landscape Services for parks landscape maintenance services for an
initial term of three years, with two additional two-year renewal options at the City
Manager's discretion, in the amount of $1,756,350.15, plus annual CPI
adjustments, if earned, for the initial term, and subject to approval of final form of
contract by the City Attorney; 2) Adopt Minute Order No. 7869, Approving an
agreement with Merchants Landscape Services for parkways and assessment
district landscape maintenance services for an initial term of three years, with two
additional two-year renewal options at the City Manager's discretion, in the
amount of $1,721,184.00, plus annual CPI adjustments, if earned, for the initial
term, and subject to approval of final form of contract by the City Attorney; and 3)
Authorize the City Manager to prepare and execute contractual agreements with
Kirkpatrick Landscape Services for landscape maintenance of City parks and
Merchants Landscape Services for landscape maintenance of City parkways,
assessment districts and miscellaneous landscape areas. A5299. A5300. Motion
Councilmember Mills, seconded by Councilmember Pougnet and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern
Foat, and Mayor Oden.
NOES: None.
ABSENT: Councilmember McCulloch.
2.P. APPROVE RFP FOR ROTATIONAL TOW PROGRAM:
Mayor Pro Tern Foat wanted to verify that the RFP included a provision for
customer service and other types of training.
ACTION: Adopt Resolution No. 21619, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND
ADOPTING A REQUEST FOR PROPOSALS FOR POLICE TOW SERVICES
AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR PROPOSALS."
Motion Mayor Pro Tern Foat, seconded by Councilmember Pougnet and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern
Foat, and Mayor Oden.
NOES: None.
ABSENT: Councilmember McCulloch.
City Council Minutes
June 7, 2006
Page 14
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. FINAL MAP 33542 AND A SUBDIVISION IMPROVEMENT AGREEMENT
WITH VIA ESCUELA LAND PARTNERS, LLC, FOR A ONE LOT TRACT MAP
FOR CONDOMINIUM PURPOSES, LOCATED AT 2003 NORTH PALM
CANYON DRIVE, SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST:
Item heard concurrently with Public Hearing Item 1.B.
5. NEW BUSINESS:
5.A. APPOINTMENT OF COUNCILMEMBER TO THE GENE AUTRY TRAIL
GATEWAY LANDSCAPING IMPROVEMENTS PROJECT, PROJECT TEAM:
ACTION: Appoint Councilmember Mills to serve on the "Project Team" for the
Gene Autry Trail Gateway Landscaping Improvements Project. Motion Mayor
Pro Tern Foat, seconded by Mayor Oden and unanimously carried 4-0 on a
roll call vote.
AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tem
Foat, and Mayor Oden.
NOES: None.
ABSENT: Councilmember McCulloch.
5.B. ISSUANCE OF COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA)
CITY OF PALM SPRINGS SPECIAL TAX BONDS, 2006 SERIES A, IN AN
AMOUNT NOT TO EXCEED $15,000,000:
Craig Graves, Director of Finance, provided background information as outlined
in the staff report dated June 7, 2006.
ACTION: 1) Adopt Resolution No. 21620, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING IN ITS
CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS,
AUTHORIZING THE ISSUANCE OF ITS SPECIAL TAX BONDS, 2006 SERIES
A, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000;
AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER
ACTIONS IN CONNECTION THEREWITH;" and 2) Authorize the City Manager
and Director of Finance to execute all necessary documents. Motion
Councilmember Mills, seconded by Councilmember Pougnet and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern
Foat, and Mayor Oden.
NOES: None.
ABSENT: Councilmember McCulloch.
City Council Minutes
June 7, 2006
Page 15
5.C. REQUEST FROM SAFEHOUSE OF THE DESERT FOR WAIVER OF
VILLAGEFEST FEES:
The City Council heard Items 5.C. and 5.D. concurrently.
Scott Mikesell, Director of Parks and Recreation, provided background
information as outlined in the staff report dated June 7, 2006.
Mayor Pro Tern Foat requested staff address if the other non-profit organizations
are paying fees.
Councilmember Pougnet commented on the policy issue of waiving fees.
Councilmember Mills requested staff address the current fee for non-profit
organizations.
Mayor Oden requested staff address the fee to the Shriners.
ACTION: Adopt Minute Order No. 7872, Denying the request for waiver of
VillageFest fees for the SafeHouse of the Desert. Motion Mayor Pro Tern Foat,
seconded by Councilmember Pougnet and carried 3-1 on a roll call vote.
AYES: Councilmember Mills, Councilmember Pougnet, and Mayor Pro
Tern Foat.
NOES: Mayor Oden.
ABSENT: Councilmember McCulloch.
5.D. REQUEST FROM THE PALM SPRINGS SHRINERS FOR WAIVER OF
VILLAGEFEST FEES:
ACTION: Adopt Minute Order No. 7873, Denying the request for waiver of
VillageFest fees for the Palm Springs Shriners. Motion Mayor Pro Tern Foat,
seconded by Councilmember Pougnet and carried 3-1 on a roll call vote.
AYES: Councilmember Mills, Councilmember Pougnet, and Mayor Pro
Tern Foat.
NOES: Mayor Oden.
ABSENT: Councilmember McCulloch.
5.E. REQUEST FROM SARA MUNRO TO APPEAL THE DECISION OF THE
VILLAGEFEST BOARD:
Scott Mikesell, Director of Parks and Recreation, provided background
information as outlined in the staff report dated June 7, 2006.
Mayor Oden commented on the performances of Sara Munro and the provisions
of entertainers at VillageFest.
City Council Minutes
June 7, 2006
Page 16
ACTION: Adopt Minute Order No. 7874, Granting the Appeal of Sara Munro and
overruling the decision of the VillageFest Board to deny the application of Sara
Munro to sell hula hoops at VillageFest. Motion Councilmember Pougnet,
seconded by Mayor Oden and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern
Foat, and Mayor Oden.
NOES: None.
ABSENT: Councilmember McCulloch.
ACTION: Continue past the 10:00 P.M. tentative adjournment time. Motion
Councilmember Mills, seconded by Councilmember Pougnet and unanimously
carried, noting the absence of Councilmember McCulloch.
COUNCILMEMBER COMMENTS AND REPORTS: '
Councilmember Pougnet commented on overlay zones, the materials provided by Bob
Helbling and requested a study session on overlay zones, commented on a letter with
respect to outlets needed for electric vehicles, and the current initiative with respect to
height limits.
Mayor Oden requested the Council subcommittee address the requirements of the
Downtown Guidelines.
Mayor Pro Tern Foat commented on the activities at the Air Museum and requested the
City Council form a subcommittee to address activities at the Air Museum, requested an
update on women and minority own businesses ordinance, requested a legal
management letter with respect to the OPA on the Wessman Hotel and the Shadowrock
project.
Councilmember Mills requested the City Attorney review the ordinance that currently
requires the Planning Commission to review OPA and DDA extensions and requested
staff review the planning and installation of public toilets in the Downtown area and
perhaps including in developers Conditions of Approval.
Mayor Oden outlined the activities and events attended by the Mayor's Office.
ADJOURNMENT: The City Council adjourned at 10:21 P.M. to the next Regular
Meeting, Wednesday, June 21, 2006, at 6:00 P.M., City Hall Large Conference Room,
preceded by a Closed Session at 4:30 P.M., City Hall Small Conference Room, 3200
East Tahquitz Canyon Way, Palm Springs.
City Council Minutes
June 7, 2006
Page 17
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
5T" DAY OF JULY, 2006.
MAYOR
ATTEST:
ty Clerk