HomeMy WebLinkAbout2006-04-05 CC MINUTES PALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, APRIL 5, 2006
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Oden called the meeting to order at 6:03 P.M.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Rev. Daniel Manriquez, The Father's House Christian Center, led the
Invocation.
REPORT OF CLOSED SESSION: City Attorney Holland stated closed session was not
held, and the meeting was adjourned to the Regular Meeting at 6:00 P.M.
ROLL CALL:
PRESENT: Councilmember McCulloch, Mayor Pro Tern Foat, and Mayor Oden.
ABSENT: Councilmember Mills, and Councilmember Pougnet.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated that staff recommends that Public Hearing Items 1.C. and
1.D. be heard concurrently as one public hearing.
Councilmember McCulloch requested Item 2.1-1. be removed from the Consent Calendar
for separate discussion; noted his abstention on Items 2.13. and RA1.
Mayor Pro Tem Foat requested Items 2.H., 2.J., and 2.K. be removed from the Consent
Calendar for separate discussion.
Mayor Oden requested Items 2.H., 2.L., 2.M. and 2.0. be removed from the Consent
Calendar for separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember McCulloch,
seconded by Mayor Oden and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember McCulloch, Mayor Pro Tern Foat, and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills, and Councilmember Pougnet.
PRESENTATIONS:
Mayor Oden and the City Council proclaimed April, 2006 as National Child Abuse
Prevention Month in the City of Palm Springs; and Debbie Anderson of the Riverside
County District Attorney's Office accepted the Proclamation.
City Council Minutes
April 5, 2006
Page 2
Mayor Oden and the City Council proclaimed April, 2006, as the 75th Anniversary of the
Palm Springs Fire District Month in the City of Palm Springs and presented a
proclamation to the Palm Springs Fire Department.
Mayor Oden and the City Council recognized Michele Cirone-Collier, Special Events
Coordinator for the City of Palm Springs, for her accomplishments resulting in her
receiving the Commander's Award for Public Service, issued by the Department of the
Army.
1. PUBLIC HEARINGS:
1.A. 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 AND DEDICATED PARKLAND:
ACTION: 1) Continue the Public Hearing to April 19, 2006, without public
testimony at the request of the applicant; and 2) Direct the City Clerk to post a
Notice of Continued Public Hearing. Motion Councilmember McCulloch,
seconded by Mayor Pro Tern Foat and unanimously carried 3-0 on a roll call
vote.
AYES: Councilmember McCulloch, Mayor Pro Tern Foat and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills and Councilmember Pougnet.
The City Council heard Public Hearing Items 1.13.1, 1.13.2, and 1.13.3 concurrently as
one public hearing.
1.13. VARIOUS STREET VACATIONS: (One public hearing may be conducted
pursuant to California Streets and Highways Code Section 8316.)
1. RIGHT-OF-WAY VACATION OF A PORTION OF VIA MIRALESTE
ADJACENT TO THE PROPERTY LOCATED AT 550 E. MIRALESTE
COURT, IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE
R-05-36:
2. RIGHT-OF-WAY VACATION OF A PORTION OF LUGO ROAD
ADJACENT TO THE PROPERTY LOCATED AT 375 W. ARENAS ROAD,
IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-05-053:
3. RIGHT-OF-WAY VACATION OF A PORTION OF MESQUITE AVENUE
ADJACENT TO THE PROPERTY LOCATED AT 842 E. MESQUITE
AVENUE, IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE
R-06-002:
City Council Minutes
April 5, 2006
Page 3
David Barakian, City Engineer, provided background information as outlined in
the staff report dated April 5, 2006.
Mayor Oden opened the public hearing and no speakers coming forward the
public hearing was closed.
ACTION: 1) Adopt Resolution No. 21541 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND
ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN A PORTION OF
PUBLIC RIGHT-OF-WAY DEDICATED FOR VIA MIRALESTE ADJACENT TO
THE PROPERTY LOCATED AT 550 E. MIRALESTE COURT, IN SECTION 11,
TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-05-036;" 2) Adopt Resolution
No. 21542 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT,
TITLE AND INTEREST IN A PORTION OF PUBLIC RIGHT-OF-WAY
DEDICATED FOR LUGO ROAD ADJACENT TO THE PROPERTY LOCATED
AT 375 W. ARENAS ROAD, IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4
EAST; FILE R-05-053;" 3) Adopt Resolution No. 21543 "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN
A PORTION OF PUBLIC RIGHT-OF-WAY DEDICATED FOR MESQUITE
AVENUE ADJACENT TO THE PROPERTY LOCATED AT 842 E. MESQUITE
AVENUE, IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-06-
002;" and 4) Authorize the City Clerk to execute and file for recording all
necessary documents. Motion Mayor Pro Tem Foat, seconded by
Councilmember McCulloch and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember McCulloch, Mayor Pro Tern Foat and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills and Councilmember Pougnet.
The City Council heard Public Hearing Items 1.C. and 1.1). concurrently as one public
hearing.
1.C. CONTEMPO HOMES - ALEXANDER VILLAGE TENTATIVE TRACT MAP
33623, SUBDIVIDING AN APPROXIMATE 3.42-ACRE PARCEL INTO TEN
SINGLE-FAMILY RESIDENTIAL LOTS, LOCATED NORTH OF VIA ESCUELA
AND WEST OF GENE AUTRY TRAIL:
Craig Ewing, Director of Planning Services, provided background information as
outlined in the staff report dated April 5, 2006.
Mayor Pro Tern Foat requested clarification on the naming of the development
and architectural review.
Councilmember McCulloch requested clarification on the process of this
item coming to the City Council.
City Council Minutes
April 5, 2006
Page 4
Mayor Oden opened the public hearing and no speakers coming forward the
public hearing was closed.
ACTION: Adopt Resolution No. 21544, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 33623, FOR THE SUBDIVISION OF
APPROXIMATELY 3.42-ACRE PARCEL INTO TEN SINGLE-FAMILY
RESIDENTIAL LOTS LOCATED ON THE NORTH SIDE OF VIA ESCUELA AND
WEST OF GENE AUTRY TRAIL, ZONED R-1-D, SECTION 6." Motion Mayor
Pro Tern Foat, seconded by Councilmember McCulloch and unanimously
carried 3-0 on a roll call vote.
AYES: Councilmember McCulloch, Mayor Pro Tern Foat and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills and Councilmember Pougnet.
1.1). CONTEMPO HOMES, TENTATIVE TRACT MAP 30350, SUBDIVIDING AN
APPROXIMATE 11.42-ACRE PARCEL INTO 39 SINGLE-FAMILY
RESIDENTIAL LOTS, LOCATED ON THE SOUTH SIDE OF VERONA ROAD
AND EAST OF WHITEWATER CLUB DRIVE:
ACTION: Adopt Resolution No. 21545, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 30350, FOR APPROXIMATELY 39 SINGLE-FAMILY
RESIDENTIAL LOTS ON AN APPROXIMATE 11.42-ACRE PARCEL LOCATED
ON THE SOUTH SIDE OF VERONA ROAD AND EAST OF WHITEWATER
CLUB DRIVE, ZONE R-1-D, SECTION 6." Motion Mayor Pro Tern Foat,
seconded by Councilmember McCulloch and unanimously carried 3-0 on a
roll call vote.
AYES: Councilmember McCulloch, Mayor Pro Tern Foat and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills and Councilmember Pougnet.
1.E. SMOKE TREE, INC. CASE 5.1090 - PLANNED DEVELOPMENT DISTRICT
323 AND TENTATIVE TRACT MAP 33878, SUBDIVIDING APPROXIMATELY
21.05 ACRES WITHIN A 41.22-ACRE PARCEL INTO 49 SINGLE-FAMILY
RESIDENTIAL LOTS WITH 31 EXISTING RESIDENCES AND 21 FUTURE
RESIDENCES:
Craig Ewing, Director of Planning Services, provided background information as
outlined in the staff report dated April 5, 2006.
Mayor Oden opened the public hearing and the following speakers addressed
the City Council.
MARVIN ROOS, Representing Applicant, stated the Applicant is in accord with
the Planning Commission recommendation; provided background information on
the project, and requested the City Council approve the project.
City Council Minutes
April 5, 2006
Page 5
TRACY CONRAD, Palm Springs, thanked City staff, provided background
information on the Smoke Tree project, and requested City Council support.
No further speakers coming forward the public hearing was closed.
Mayor Pro Tern Foat requested clarification as to why the developer is not in
support of the CFD District.
Mayor Pro Tern Foat requested clarification on Condition No. 14 and commented
on the habitat in the Smoke Tree area.
Councilmember McCulloch requested clarification on including the CFD as part
of a motion, commented on the CFD and stated his original and continued
opposition to the CFD.
ACTION: Adopt Resolution No. 21546, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
CASE. 5.1090, PLANNED DEVELOPMENT DISTRICT 323 AND PHASED
TENTATIVE TRACT MAP 33878, FOR THE COTTAGES AT SMOKE TREE
RANCH, A GATED RESIDENTIAL DEVELOPMENT WITH 31 EXISTING
COTTAGE RESIDENCES AND 21 FUTURE RESIDENCES ON 49 LOTS, ON A
21.05-ACRE PORTION OF A 41.22-ACRE PROPERTY, WITH A 20-ACRE
OMITTED NOT-A-PART REMAINDER LOCATED ADJACENT TO 1850 SMOKE
TREE LANE, SECTION 25, T4S, R4E, SBBM." Motion Mayor Pro Tern Foat,
seconded by Mayor Oden and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember McCulloch, Mayor Pro Tern Foat and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills and Councilmember Pougnet.
PUBLIC COMMENT:
ROB BALLEW, Palm Desert, YMCA of the Desert, requested support of the future
regional YMCA in Rancho Mirage.
VIC GAINER, Palm Springs, commented on the progress of the Chino Cone ordinances
and further conditions recommended by the Palm Springs Chino Canyon Coalition.
NANCY STUART, Palm Springs, provided a progress report on the Palm Springs
Tramway Board.
DANA STEWART, Palm Springs, commented on the construction on Racquet Club
Road and Milo Drive.
MICHAEL STERN, Palm Springs, Vice-Chair Public Arts Commission, requested the
City Council approve Consent Calendar Item 2.N.
City Council Minutes
April 5, 2006
Page 6
SANDY ADAMS, Palm Springs, requested assistance with a neighbor who is harboring
numerous feral cats and dogs.
JOY MEREDITH, Palm Springs, commented on Item 2.N. stated MainStreet had
concerns with the location; stated her opposition on Item 2.1-1. as a commercial venture.
COUNCILMEMBER COMMENTS AND REQUESTS: None.
CITY MANAGER'S REPORT. None.
The City Council recessed at 7,14 P.M. as the City of Palm Springs Community
Redevelopment Agency.
The City of Palm Springs Community Redevelopment Agency adjourned at 7:15 P.M.
and the City Council reconvened.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.13., 2.C., 2.D., 2.E., 2.F., 2.G., 2.1., 2.N., 2.P.,
and 2.Q. Motion Councilmember McCulloch, seconded by Mayor Pro Tem
Foat and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember McCulloch, Mayor Pro Tern Foat and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills and Councilmember Pougnet.
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and File Report on the Posting of the April 5, 2006, City
Council Agenda. Approved as part of the Consent Calendar.
2.B. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of March 15, 2006, March 22, 2006,
and March 29, 2006, noting the abstention of Councilmember McCulloch on the
March 22, 2006 minutes. Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 21547, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 2-25-06 BY
WARRANTS NUMBERED 410004 THROUGH 410057 TOTALING $67,260.98,
LIABILITY CHECKS NUMBERED 1011589 THROUGH 1011618 TOTALING
$130,355.36, THREE WIRE TRANSFERS FOR $52,909.57, AND THREE
ELECTRONIC ACH DEBITS OF $885,740.07 IN THE AGGREGATE AMOUNT
OF $1,136,265.98 DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No.
21548, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1011619 THROUGH 1011908 IN THE
City Council Minutes
April 6, 2006
Page 7
AGGREGATE AMOUNT OF $2,722,990.45 DRAWN ON BANK OF AMERICA;"
3) Adopt Resolution No. 21549, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 3-11-06 BY WARRANTS
NUMBERED 410058 THROUGH 410116 TOTALING $72,745.67, LIABILITY
CHECKS NUMBERED 1011909 THROUGH 1011938 TOTALING $127,884.13,
THREE WIRE TRANSFERS FOR $55,872.33, AND THREE ELECTRONIC ACH
DEBITS OF $855,249.00 IN THE AGGREGATE AMOUNT OF $1,111,751.13
DRAWN ON BANK OF AMERICA;" and 4) Adopt Resolution No. 21550, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1011939 THROUGH 1012243 IN THE AGGREGATE
AMOUNT OF $2,139,131.19 DRAWN ON BANK OF AMERICA." Approved as
part of the Consent Calendar.
2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO.
1686, RELATING TO THE ESTABLISHMENT OF A CONTRACTUAL
PROCESS FOR THE PROVISION OF POLICE TOW SERVICES:
ACTION: Waive further reading and adopt Ordinance No. 1686, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
CHAPTER 11.82 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
THE ESTABLISHMENT OF A CONTRACTUAL PROCESS FOR THE
PROVISION OF POLICE TOW SERVICES." Approved as part of the Consent
Calendar.
2.E. TEMPORARY SUSPENSION OF NOISE ORDINANCE (CHAPTER 11.74.00),
NOISE NUISANCE (CHAPTER 11.08.040), DANCES (CHAPTER 5.12), AND
SIGN ORDINANCE (CHAPTER 93.20.00) AND APPROVING A CARNIVAL ON
APRIL 14, 15, AND 16, 2006, TO FACILITATE THE PLANNED EVENTS FOR
THE "WHITE PARTY:"
ACTION: Adopt Resolution No. 21551, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING
NOISE ORDINANCE (CHAPTER 11.74.00), NOISE NUISANCE (CHAPTER
11.08.040), DANCES (CHAPTER 5.12), AND SIGN ORDINANCE (CHAPTER
93.20.00), AND APPROVING A CARNIVAL ON APRIL 14, 15, AND 16, 2006,
TO FACILITATE THE PLANNED EVENTS FOR THE "WHITE PARTY"
LOCATED AT 888 EAST TAHQUITZ CANYON WAY, 277 NORTH AVENIDA
CABALLEROS AND 444 EAST ARENAS ROAD." Approved as part of the
Consent Calendar.
2.F. SUMMARY VACATION OF AN EASEMENT FOR STORM DRAINAGE
PURPOSES WITHIN TRACT MAP 32028-1 "MOUNTAIN GATE 2", IN
SECTION 33, TOWNSHIP 3 SOUTH, RANGE 4 EAST; FILE R-05-041:
ACTION: 1) Adopt Resolution No. 21552, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY
VACATING AND ABANDONING ITS INTERESTS IN EASEMENTS FOR
LANDSCAPE, PEDESTRIAN, AND STORM DRAIN PURPOSES OVER A
City Council Minutes
April 5, 2006
Page 8
PORTION OF LOT "G" OF TRACT MAP 32028-1 "MOUNTAIN GATE 2," IN
SECTION 33, TOWNSHIP 3 SOUTH, RANGE 4 EAST; FILE R-05-041;" and 2)
Authorize the City Clerk to execute and file for recording all necessary
documents. Approved as part of the Consent Calendar.
2.G. SUMMARY VACATION OF EASEMENTS FOR STORM DRAINAGE
PURPOSES WITHIN TRACT MAP 30963-2 "MOUNTAIN GATE", IN SECTION
34, TOWNSHIP 3 SOUTH, RANGE 4 EAST; FILE R-06-012:
ACTION: 1) Adopt Resolution No. 21553, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY
VACATING AND ABANDONING ITS INTERESTS IN EASEMENTS FOR
STORM DRAINAGE PURPOSES OVER LOTS "Q" THROUGH "U" INCLUSIVE
OF TRACT MAP 30963-2 "MOUNTAIN GATE", IN SECTION 34, TOWNSHIP 3
SOUTH, RANGE 4 EAST; FILE R-06-012;" and 2) Authorize the City Clerk to
execute and file for recording all necessary documents. Approved as part of
the Consent Calendar.
2.1. CONSULTANT SERVICES WITH SPEER CIVIL, PROVIDING
PROFESSIONAL ENGINEERING STAFF SERVICES TO ASSIST THE
DEPARTMENT OF PUBLIC WORKS & ENGINEERING WITH DEVELOPMENT
AND CAPITAL PROJECT WORKLOADS THROUGH THE END OF FISCAL
YEAR 2005-06:
ACTION: 1) Approve Minute Order No. 7838, Approving an agreement with
Speer Civil for professional engineering services to assist the Department of
Public Works and Engineering with the development of capital project workloads
through the end of Fiscal Year 2005-06 in an amount not to exceed $35,000; and
2) Authorize the City Manager to execute all necessary documents. A5252.
Approved as part of the Consent Calendar.
2.N. CONFORMITY REPORT ON SUBDIVISION AND DEVELOPMENT OF 68
SINGLE-FAMILY RESIDENCES ON LEASED TRIBAL TRUST LAND,
TENTATIVE TRACT MAP 33443, ON 21.02 ACRES ALONG THE NORTH
SIDE OF VIA ESCUELA APPROXIMATELY 100 FEET EAST OF
WHITEWATER CLUB DRIVE, ZONE R-1-D, SECTION 6, AND WAIVER OF
JOINT MEETING:
ACTION: Adopt Resolution No. 21555, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A
CONFORMITY REPORT ON SUBDIVISION AND DEVELOPMENT OF 68
SINGLE-FAMILY RESIDENCES ON LEASED TRIBAL TRUST LAND,
TENTATIVE TRACT MAP 33443, ON 21.02 ACRES ALONG THE NORTH SIDE
OF VIA ESCUELA APPROXIMATELY 100 FEET EAST OF WHITEWATER
CLUB DRIVE, ZONE R-1-D, SECTION 6, DIRECTING STAFF TO TRANSMIT
SAID REPORT TO THE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND
OF CAHUILLA INDIANS, AND WAIVING THE JOINT MEETING BETWEEN
THE CITY COUNCIL AND TRIBAL COUNCIL FOR TENTATIVE TRACT MAP
33443." Approved as part of the Consent Calendar.
City Council Minutes
April 5, 2006
Page 9
2.Q. AWARD CONTRACT TO HARBOR CONSTRUCTION COMPANY INC. FOR
THE EXPAND TERM INAL/HOLDROOM, CITY PROJECT NO. 2005-10, AIP 3-
06-0181-38:
ACTION: Adopt Minute Order No. 7845, Awarding a contract to Harbor
Construction Company, Inc. in the amount of $9,278,000 for the construction of
the new regional terminal holdroom, subject to FAA approval, in a form
acceptable to the City Attorney, and establishing the project administrator, and
administration parameters, City Project No. CP2005-10 (AIP 3-06-0181-38).
A5257. Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.H. WAIVER OF CERTAIN VILLAGEFEST RULES AND REGULATIONS:
Scott Mikesell, Director of Parks and Recreation, provided background
information as outlined in the staff report dated April 5, 2006.
Mayor Pro Tern Foat requested clarification regarding the status and finances of
the proposed participant.
Councilmember McCulloch requested clarification of the vote of the VillageFest
Board.
Mayor Oden requested additional information regarding the organization
requesting to participate in VillageFest and the particulars of the program.
ACTION: Deny the request to waive Rules II. A. 1 and 2 to allow Out of Africa
Experience, Inc. to sell commercially-available wire woven items and not require
it to have the artisans present at Villagefest. Motion Councilmember
McCulloch, seconded by Mayor Pro Tern Foat and unanimously carried 3-0
on a roll call vote.
AYES: Councilmember McCulloch, Mayor Pro Tern Foat and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills and Councilmember Pougnet.
2.J. RESIGNATION OF JANICE LYLE FROM THE BOARD OF LIBRARY
TRUSTEES:
Mayor Pro Tern Foat thanked Janice Lyle for her service to the Board of Library
Trustees.
ACTION: 1) Accept with regret the resignation of Janice Lyle from the Board of
Library Trustees; and 2) Direct the City Clerk to post a Notice of Vacancy and
City Council Minutes
April 5, 2006
Page 10
advertise the vacancy on PSCTV. Motion Councilmember McCulloch,
seconded by Mayor Pro Tern Foat and unanimously carried 3-0 on a roll call
vote.
AYES: Councilmember McCulloch, Mayor Pro Tern Foat and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills and Councilmember Pougnet.
2.K. CONVENTION CENTER KITCHEN BUILD-OUT, AWARD CONTRACT TO
DOUG WALL, INC:
Mayor Pro Tern Foat commented on the removal of the cook line and requested
clarification with respect to financing or other funding requests.
Mayor Oden asked staff if we could postpone this item for a couple of weeks, and
review funding.
ACTION: 1) Adopt Minute Order No. 7839, Awarding contract to Doug Wall, Inc.,
for the Convention Center Kitchen Build-out, in the amount of $809,000, City
Project No. 02-27A; 2) Adopt Minute Order No. 7840, Approving Change Order
No. 1 to City Project No. 02-27A, decreasing $283,749 from the contract; and 3)
Authorize the City Manager to execute all necessary documents; and 4) Direct
the City Manager to return to the City Council with possible alternative funding
sources. A5253. Motion Councilmember McCulloch, seconded by Mayor
Pro Tern Foat and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember McCulloch, Mayor Pro Tern Foat and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills and Councilmember Pougnet.
2.L. AGREEMENT FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY
AND GRANT EASEMENT BETWEEN THE CITY OF PALM SPRINGS AND
DAVID GANDOLFO AND REIMBURSEMENT OF PUBLIC ART FEE IN THE
AMOUNT OF $13,000:
Mayor Oden thanked the Public Arts Commission for their hard work and
success.
ACTION: 1) Adopt Minute Order No. 7841, Approving agreement for placement
of artwork on private property and grant easement between the City of Palm
Springs and David Gandolfo and reimbursement of public art fee in the amount of
$13,000; 2) Adopt Resolution No. 21554, "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
City Council Minutes
April 5, 2006
Page 11
execute all necessary documents. A5254. Motion Councilmember
McCulloch, seconded by Mayor Pro Tem Foat and unanimously carried 3-0
on a roll call vote.
AYES: Councilmember McCulloch, Mayor Pro Tem Foat and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills and Councilmember Pougnet.
2.M. APPROVE THE PUBLIC ARTS COMMISSION'S RECOMMENDATION TO
PURCHASE ARTWORK TITLED "LAWN CHAIR" BY ARTIST BLUE
McRIGHT FOR $8,000:
ACTION: 1) Adopt Minute Order No. 7842, Approving an agreement with Blue
McRight for artwork titled "Lawn Chair" in the amount of $8,000, in a form
acceptable to the City Attorney; and 2) Authorize the City Manager to execute all
necessary documents. A5255. Motion Councilmember McCulloch, seconded
by Mayor Pro Tem Foat and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember McCulloch, Mayor Pro Tem Foat and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills and Councilmember Pougnet.
2.0. PURCHASE OF PUBLIC ARTWORK FROM GARY SLATER, TITLED
"WHIRLWIND VI" IN THE AMOUNT OF $26,000:
ACTION: 1) Adopt Minute Order No. 7843, Approving an agreement with Gary
Slater for artwork titled "Whirlwind VI" and installation in the amount of $26,000;
and 2) Authorize the City Manager to execute all necessary documents. A5256.
Motion Councilmember McCulloch, seconded by Mayor Pro Tem Foat and
unanimously carried 3-0 on a roll call vote.
AYES: Councilmember McCulloch, Mayor Pro Tem Foat and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills and Councilmember Pougnet.
The City Council recessed at 7:40 P.M.
The City Council reconvened at 7:43 P.M.
3. LEGISLATIVE:
3.A. REQUEST BY DESERT HIGHLAND/GATEWAY COMMUNITY ACTION
ASSOCIATION TO RENAME LAS VEGAS ROAD AS ROSA PARKS
ROAD:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated April 5, 2005.
Mayor Pro Tem Foat stated her support for the item, the Community
support and the win-win situation with the assistance of Merchant
Investment and Management Company.
City Council Minutes
April 5, 2006
Page 12
Mayor Oden commented on the significant support of the community, and
stakeholders.
Councilmember McCulloch commented on the requirements of the U.S.
Postal Service.
ACTION: 1) Adopt Resolution No. 21556, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO
CHANGE THE NAME OF LAS VEGAS ROAD TO ROSA PARKS ROAD"
as amended by deleting Section 2 of the Resolution. Motion Mayor Pro
Tern Foat, seconded by Councilmember McCulloch and unanimously
carried 3-0 on a roll call vote.
AYES: Councilmember McCulloch, Mayor Pro Tern Foat and Mayor
Oden.
NOES: None.
ABSENT: Councilmember Mills and Councilmember Pougnet.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. FISCAL YEAR 2006-07 CITYWIDE ANNUAL MAINTENANCE
DISTRICTS, PROPOSITION 218 NOTICING AND BALLOTING
SERVICES CONTRACT:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated April 5, 2006.
Mayor Pro Tern Foat requested clarification with respect to the last
assessment election.
Councilmember McCulloch requested staff address the possibility of
decreasing the service provided to the districts.
Mayor Oden commented on the means of communication and requested
an educational component.
ACTION: 1) Adopt Minute Order No. 7846, Approving an agreement with
MuniFinancial for Proposition 218 noticing and balloting services for
various City of Palm Springs Lighting and Parkway Maintenance Districts
in the amount of $9,800.00; 2) Direct staff to return this Item to the City
Council on April 19, 2006 for further direction regarding the potential
results of Proposition 218 noticing and balloting; and 3) Authorize the City
City Council Minutes
April 5, 2006
Page 13
Manager to execute all necessary documents. A5258. Motion
Councilmember McCulloch, seconded by Mayor Pro Tern Foat and
unanimously carried 3-0 on a roll call vote.
AYES: Councilmember McCulloch, Mayor Pro Tern Foat and Mayor
Oden.
NOES: None.
ABSENT: Councilmember Mills and Councilmember Pougnet.
5.13. APPOINTMENT OF CITY COUNCIL SUB-COMMITTEE WITH RESPECT
TO MEDICAL MARIJUANA DISPENSARIES:
ACTION: Table to April 12, 2006. By consensus of the City Council.
COUNCILMEMBER COMMENTS AND REPORTS:
Councilmember McCulloch commented on feral cats and requested staff follow-up with
the complaint; and requested that the vote of Commissions and Boards be detailed in
the staff reports.
Mayor Pro Tem Foat commented on the Dinah Shore Weekend in the City of Palm
Springs, and announced new businesses in the City of Palm Springs.
Mayor Oden announced the activities and events attended by the Mayor's Office.
ADJOURNMENT: The City Council adjourned at 8:17 P.M. to a Study Session and
Adjourned Meeting, Wednesday, April 12, 2006, at 6:00 P.M., preceded by a Closed
Session at 4:00 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
19TH DAY OF APRIL, 2006.
MA OR
ATTEST:
Clerk