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HomeMy WebLinkAbout2006-03-15 CC MINUTES PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, MARCH 15, 2006 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:09 P.M. PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard led the Pledge. INVOCATION: Rabbi Ofseyer, Temple Isaiah, led the Invocation. 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 4:00 P.M. the meeting was called to order and the City Council recessed into Closed Session to discuss matters on the posted Closed Session Agenda. No reportable actions were taken. ACCEPTANCE OF THE AGENDA: City Clerk Thompson stated staff requested Consent Calendar Item 2.F. be withdrawn from the Agenda. City Clerk Thompson stated staff requested the City Council Continue Public Hearing Item I.B. to April 5, 2006 and to direct the City Clerk to post a Notice of Continued Public Hearing. Councilmember Pougnet requested Item 2.1. be removed from the Consent Calendar for separate discussion. Councilmember Mills noted his business related abstention on Consent Calendar Item 2.J. Mayor Pro Tern Foat requested Item 2.G. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded by Mayor Pro Tern Foat and unanimously carried on a roll call vote. PRESENTATIONS: Mayor Oden and the City Council presented a Certificate of Appreciation to Lloyd Maryanov, the City Council's appointee to the Mount San Jacinto Winter Park Authority (Tramway) Board for his service to the Board and the City of Palm Springs. City Council Minutes March 15, 2006 Page 2 Fire Chief Blake Goetz announced recent promotions in the Fire Department and administered the Oath of Office to new Firefighters Dustin Brown, Mark Mead, and Ronald Skyberg. Mayor Oden and the City Council presented a Certificate of Appreciation to the Palm Springs Squadron 11, Civil Air Patrol for their Outstanding Service to the Nation and the Community of Palm Springs. Peter Moruzzi, President of the Palm Springs Modern Committee presented the City Council the National Trust for Historic Preservation Award recognizing the City of Palm Springs as one of America's Dozen Distinctive Destinations. 1. PUBLIC HEARINGS: Mayor Pro Tern Foat stated she has a property ownership conflict of interest with respect to Public Hearing Item 1.A. and would not participate in the discussion and the vote and left Council Chamber at 6:35 P.M. 1.A. APPLICATION BY DESIGN ARC, AGENT FOR 803 NORTH PALM CANYON LLC, TENTATIVE TRACT MAP 34214, CASE NO. 5.1068, PLANNED DEVELOPMENT DISTRICT 316, TO SUBDIVIDE APPROXIMATELY 0.55 ACRES FOR CONSTRUCTION OF A MIXED-USE PROJECT CONSISTING OF 12 TWO-STORY RESIDENTIAL CONDOMINIUMS, COMMERCIAL BUILDING, PARKING GARAGE, AND ASSOCIATED LANDSCAPING LOCATED AT 803 NORTH PALM CANYON DRIVE: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated March 15, 2006. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. DOUG MYHR, Applicant, stated he was available to answer any questions and requested the City Council support the project. WALLACE HRDLICKA, Applicant, provided background information with respect to the project and amenities and requested the City Council approve the project. No further speakers coming forward, the public hearing was closed. Councilmember Mills commented on and requested clarification regarding the setback requirements, the outcome of neighborhood meetings, requested clarification for a condition relating to a BID in the uptown area, and complemented the Applicant for the quality of the project. Councilmember Pougnet requested clarification with respect to the lighting of the project parking lot. City Council Minutes March 15, 2006 Page 3 Councilmember Mills requested staff include a condition for the project to be subject to a BID if implemented in the future. City Attorney Holland stated the City Council may amend the Conditions of Approval by adding Condition No. 6.5 to read as follows: The property owner shall not contest or protest the formation of a BID or similar public improvement or maintenance financing mechanism and such requirements shall be included in the CCR's. ACTION: Adopt Resolution No. 21534, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ADOPT A NEGATIVE DECLARATION, AND APPROVE CASE NO. 5,1068, A PLANNED DEVELOPMENT DISTRICT 316, AND TENTATIVE TRACT MAP 34214, TO SUBDIVIDE APPROXIMATELY 0.55 ACRES FOR CONSTRUCTION OF A MIXED-USE PROJECT CONSISTING OF 12 TWO-STORY RESIDENTIAL CONDOMINIUMS, COMMERCIAL BUILDING, PARKING GARAGE, AND ASSOCIATED COMMON SPACE AND LANDSCAPING LOCATED AT 803 NORTH PALM CANYON DRIVE, ZONE C-1 / R-2, SECTION 10, APN 505-283- 009" as amended by adding to Section 6 of the Resolution subject to the Conditions of Approval attached as Exhibit A and adding Condition 6.5 to the Conditions of Approval to read The property owner shall not contest or protest the formation of a BID or similar public improvement or maintenance financing mechanism and such requirements shall be included in the CCR's. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Oden. NOES: None. ABSENT: Mayor Pro Tern Foat. The City Council recessed at 6:49 P.M. The City Council reconvened at 6:53 P.M. Mayor Pro Tern Foat returned to the dais. I.B. 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 5, 2006; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Approved under Acceptance of the Agenda. City Council Minutes March 15, 2006 Page 4 1.C. APPLICATION BY H&H INVESTMENTS LLC, TAHQUITZ PLAZA, CASE NO. 5.1025, PLANNED DEVELOPMENT DISTRICT 307, FOR A RETAIL SHOPPING CENTER ON AN APPROXIMATE EIGHT-ACRE SITE, LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND SUNRISE WAY, SECTION 14 SPECIFIC PLAN AREA: Edward Robertson, Principal Planner, provided background information as outlined in the staff report dated March 15, 2006. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. HANK GORDON, Rancho Mirage, requested Public Safety Condition No. 15 be removed, but would agree to participate in the Community Facilities District. ALAN SANBOURN, commented on the approval by Architectural Review Board. No further speakers coming foward, the public hearing was closed. Mayor Pro Tem Foat requested clarification with respect to the main entrance on Tahquitz Canyon. Councilmember Mills requested clarification on a condition for the Northerly building and the North elevation of the supermarket building, and on-site retention along with the sequencing with respect to possibly connecting to a master storm drain. Mayor Pro Tern Foat commented on the reduction of landscaping from 30 feet to 18 feet, requested clarification with respect to Condition No. 12, a possible covenant on the median for surrounding properties, the shopping cart theft system and a process to keep the parking lot clean. Councilmember Pougnet commented on the layout and design, requested clarification on the landscaping and the tenant mix with fast food drive-thru. Mayor Oden requested clarification on the maturity of the proposed landscaping. Councilmember Mills commented on the view and feel from the street, requested clarification an parking, requested planter islands in certain areas of the parking lot and thanked the developer for a good project. ACTION: Adopt Resolution No. 21535, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1025 AND PLANNED DEVELOPMENT DISTRICT 307, FOR THE DEVELOPMENT AND OPERATION OF A RETAIL SHOPPING CENTER CONTAINING APPROXIMATELY 94,000 SQUARE FEET OF RETAIL SPACE IN FOUR COMMERCIAL STRUCTURES, ALONG WITH APPURTENANT SITE City Council Minutes March 15, 2006 Page 5 DEVELOPMENT AND LANDSCAPING, ON AN APPROXIMATE EIGHT-ACRE PARCEL LOCATED ON THE NORTHWEST CORNER OF SUNRISE WAY AND TAHQUITZ CANYON WAY, SECTION 14, T4S, R4E, SBBM" amending Section 3 of the Resolution to read: Approve Case No. 5.1025 and Planned Development District 307, subject to the Conditions of Approval described on Exhibit A, and adding one Condition to the Conditions of Approval to provide for the addition of 3 (three) landscaping islands on the North side along the Supermarket. Motion Councilmember Mills, seconded by Mayor Pro Tern Foat and unanimously carried on a roll call vote. PUBLIC COMMENT: LIN JUNIPER, Southern California Edison, commented on energy conservation and current programs offered by Southern California Edison. ESTER MATADAMA, commented on the lack of business for taxi-drivers. DANA STEWART, Palm Springs, commented on eco-development and requested the City require alternative power sources. JOHN WILLIAMS, Palm Springs, read a letter from the Historic Site Preservation Board regarding preservation. SHARON CRAIN, commented on Homeless issues and services for abused Women in the City of Palm Springs. WILLIE HOLLAND, commented on crime incidents occurring in the Gateway Highland neighborhood. VERN HOLLOWAY, commented on Homeless issues in Sunrise Park and in the City of Palm Springs, and commented on low-income housing. TIM SANTIAGO, Palm Springs, commented on Homeless issues in the City of Palm Springs. ROXANN PLOSS, Palm Springs, commented on the National Trust award to the City of Palm Springs and commented on Historic properties; complemented the City on improved updates and notices. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. The City Council recessed at 7:56 P.M. as the Community Redevelopment Agency. The City Council reconvened at 8:00 P.M. City Council Minutes March 15, 2006 Page 6 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.H., 2.J., 2.K., 21., 2.M., 2.N. and 2.0. Motion Mayor Pro Tern Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and File the Report on the Posting of the March 15, 2006, City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of March 1, 2006, and March 8, 2006. Approved as part of the Consent Calendar. 2.C. STAFF AUTHORIZED AGREEMENTS FOR FEBRUARY 2006: ACTION: Receive and file Staff Authorized Agreements covering the period February 1 through February 28, 2006. Approved as part of the Consent Calendar. 2.13. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21536, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 2-11-06 BY WARRANTS NUMBERED 409949 THROUGH 410003 TOTALING $65,540.57, LIABILITY CHECKS NUMBERED 1011297 THROUGH 1011325 TOTALING $128,989.80, THREE WIRE TRANSFERS FOR $53,483.02, AND THREE ELECTRONIC ACH DEBITS OF $850,486.72 IN THE AGGREGATE AMOUNT OF $1,098,500.11 DRAWN ON BANK OF AMERICA;" and 2) Adopt Resolution No. 21537, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1011326 THROUGH 1011588 IN THE AGGREGATE AMOUNT OF $1,696,982.39 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1685, AMENDING THE ZONING MAP FROM P (PROFESSIONAL) TO R-2 (LIMITED MULTI-FAMILY RESIDENTIAL) FOR APPROXIMATELY 1.14 ACRES, FOR THE PROPERTY LOCATED IN THE VICINITY OF THE SOUTHWEST CORNER OF NORTH SUNRISE WAY AND VISTA CHINO ROAD, ZONE P, SECTION 11: ACTION: Waive further reading and adopt Ordinance No, 1685, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP FROM P (PROFESSIONAL) TO R-2 (LIMITED MULTI- FAMILY RESIDENTIAL) FOR APPROXIMATELY 1.14 ACRES, FOR THE PROPERTY LOCATED IN THE VICINITY OF THE SOUTHWEST CORNER OF NORTH SUNRISE WAY AND VISTA CHINO ROAD, ZONE P, SECTION 11." Approved as part of the Consent Calendar. City Council Minutes March 15, 2006 Page 7 2.F. AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN, FISCAL YEAR 2005-06: ACTION: Withdrawn from the Agenda at the request of staff. Approved as part of the Consent Calendar. 2.1-1. TREASURER'S INVESTMENT REPORT AS OF JANUARY 31, 2006: ACTION: Receive and File the Treasurer's Investment Report as of January 31, 2006. Approved as part of the Consent Calendar. 2.J. APPROVAL OF FINAL MAP 33561 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH P.S. VENTURE INDIAN CANYON/SAN RAFAEL, LLC, FOR A 2 LOT TRACT MAP FOR CONDOMINIUM PURPOSES, LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL DRIVE: ACTION: 1) Adopt Resolution No. 21538, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 33561 FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL DRIVE, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH P.S. VENTURE INDIAN CANYON/SAN RAFAEL, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY;" and 2) Authorize the City Manager to execute all necessary documents. A5246. Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills. 2.K. AGREEMENT WITH TERRA NOVA PLANNING & RESEARCH, INC. FOR EIR ADDENDUM FOR DEVELOPMENT AGREEMENT EXTENSION, TRAMWAY ROAD USE AGREEMENT, AND RELATED PLANNING SERVICES FOR THE SHADOWROCK DEVELOPMENT PROJECT, CASE NO. 5.0609, AN APPROVED PLANNED DEVELOPMENT DISTRICT FOR A DESTINATION RESORT, INCLUDING AN 18-HOLE CHAMPIONSHIP GOLF COURSE, GOLF CLUBHOUSE, FUTURE RESIDENTIAL LOTS, HOTEL/RESORT, AND RESERVOIR SITE ON A 340 ACRE SITE: ACTION: 1) Adopt Minute Order No. 7832, Approving an agreement with Terra Nova Planning & Research, Inc. for the EIR addendum for Development Agreement Extension and Tramway Road Use Agreement and related planning services for the Shadowrock Development Project, Case No. 5.0609, not to exceed $66,790.00; and 2) Authorize the City Manager to execute all necessary documents in a form acceptable to the City Attorney, A5247. Approved as part of the Consent Calendar. City Council Minutes March 15, 2006 Page 8 2.L. AGREEMENT WITH TERRA NOVA PLANNING & RESEARCH, INC. FOR "FOCUSED ENTITLEMENT AND EIR" PLANNING SERVICES FOR THE HARD ROCK HOTEL - NEXUS DEVELOPMENT PROJECT OF UP TO 250 HOTEL ROOMS AND 250 RESIDENTIAL CONDOMINIUMS ON APPROXIMATELY 12 ACRES AT THE SOUTHEAST CORNER OF ANDREAS ROAD AND CALLE EL SEGUNDO: ACTION: 1) Adopt Minute Order No. 7833, Approving an agreement with Terra Nova Planning & Research, Inc, for "Focused Entitlement and EIR" planning services for the "Hard Rock Hotel" Project, not to exceed $77,370.00; and 2) Authorize the City Manager to execute all necessary documents in a form acceptable to the City Attorney. A5248. Approved as part of the Consent Calendar. 2.M. AMENDMENT NO. 3 TO AGREEMENT NO. A4821 WITH SIGNATURE FLIGHT SUPPORT CORPORATION TO PROVIDE AN ADDITIONAL 19 MONTHS FOR THE PURPOSE OF CONSTRUCTING ITS NEW MULTI- MILLION DOLLAR CORPORATE FACILITY AND REMOVE LANGUAGE REQUIRING A PAYMENT OF $35,989.28 TO SIGNATURE FLIGHT SUPPORT CORPORATION FROM THE AIRPORT UPON COMPLETION OF DEMOLITION TO HANGAR (PARCEL 13): ACTION: 1) Adopt Minute Order No. 7834, Authorizing Amendment No. 3 to Agreement No. A4821, with Signature Flight Support Corporation, Fixed Base Operator (FBO), to provide an additional 19 months for the purpose of constructing its new multi-million dollar corporate facility and remove language requiring a payment of $35,989.28 to Signature Flight Support Corporation from the Airport upon completion of demolition to Hangar (Parcel 13); and 2) Authorize the City Manager to execute all necessary documents. A4821. Approved as part of the Consent Calendar. 2.N. REMOVABLE BOLLARDS FOR VILLAGEFEST AND SPECIAL EVENTS, CITY PROJECT NO. 05-25: ACTION: 1) Adopt Minute Order No. 7835, Approving the purchase of removable bollards from Creative Pipe, Inc., in the amount of $50,121.73, to be installed for VillageFest and special events in the Downtown area, City Project No. 05-25; and 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 2.0. AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING REGARDING MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE COACHELLA VALLEY FRINGE-TOED LIZARD: ACTION: 1) Adopt Minute Order No. 7836, Approving Amendment No. 4 to Agreement No. 4366 Memorandum of Understanding regarding measures to minimize and mitigate take of the Coachella Valley fringe-toed lizard by extending the Agreement to June 30, 2006; and 2) Authorize the City Manager to execute Amendment No. 4 to the Agreement. A4366. Approved as part of the Consent Calendar. City Council Minutes March 15, 2006 Page 9 EXCLUDED CONSENT CALENDAR: 2.1. EXTENSION OF THE GRANT FROM THE OFFICE OF TRAFFIC SAFETY FOR DRIVING UNDER THE INFLUENCE ENFORCEMENT AND COLLISION REDUCTION PROGRAM THROUGH MARCH 31, 2007: Police Chief Gary Jeandron provided background information as outlined in the staff report dated March 15, 2006. ACTION: 1) Adopt Minute Order No. 7831, Approving an extension to Agreement No. A4671 with the State of California, Office of Traffic Safety, extending the Driving Under the Influence (DUI) Enforcement and Collision Reduction Program grant through March 31, 2007; and 2) Authorize the City Manager to execute all necessary documents to extend the grant. A4671. Motion Councilmember Pougnet, seconded by Councilmember McCulloch and unanimously carried on a roll call vote. 2.G. AMENDMENT NO. 2 TO AGREEMENT NO. A3865 WITH THE BUILDING INDUSTRY ASSOCIATION: Mayor Pro Tern Foat requested clarification on the process for a business to request a listing on the kiosk and confusion with signs for Palm Springs Village. ACTION: 1) Adopt Minute Order No. 7830, Approving Amendment No. 2 to Agreement No. A3865 with the Building Industry Association extending the term to March 31, 2010, and amending the definition of "Contract Officer;" and 2) Authorize the City Manager to execute all necessary documents. A3865. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 3. LEGISLATIVE: 3.A. PROPOSED ORDINANCE RELATING TO THE ESTABLISHMENT OF A CONTRACTUAL PROCESS FOR THE PROVISION OF POLICE TOW SERVICES: Police Chief Gary Jeandron provided background information as outlined in the staff report dated March 15, 2006. Mayor Pro Tern Foat commented on a standard manual for training of the tow- truck drivers and a code of conduct for drivers/operators. Councilmember Mills requested clarification as to if staff has met with our current tow providers and the responses, and priority for local vendors. City Council Minutes March 15, 2006 Page 10 ACTION: 1) Waive the reading of the Ordinance text in its entirety and introduce by title only; 2) Introduce on first reading 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;" and 3) Direct staff to incorporate a Code of Conduct for tow operators/drivers in the contracting process. Motion Councilmember Mills, seconded by Mayor Pro Tern Foat and unanimously carried on a roll call vote. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: None. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Pougnet commented on a letter to Planning regarding land use permit 04-26, and requested staff review the process to remove the ATM cover on the Washington Mutual Building. Mayor Pro Tern Foat requested an update with the residents on Milo Drive, and Assistant City Manager Wilson responded with an update. Mayor Pro Tern announced new businesses in the City of Palm Springs. Councilmember Mills commented on the problems with Milo Drive, the public comment portion of the agenda, the process of issuing permits to historical structures and requested staff review the permitting procedures on major thoroughfares; requested the HSPB review the current ordinance and develop a process to accomplish their needs, and requested a report from staff on Howard Manor and Orchid Tree. Mayor Oden outlined the activities and events attended by the Mayor's office, and announced that Councilmember Pougnet received the 2006 Community Leadership Award from Desert Business Association. Mayor Oden requested a report with respect to the request of the Airport Commission regarding the rotational voting member requirement and status. Mayor Oden requested the City Council adjourn the meeting in memory of Brian Alan Prieto. ADJOURNMENT: The City Council adjourned in memory of Brian Alan Prieto, at 8:45 P.M. to a Study Session and Adjourned Meeting on Wednesday, March 22, 2006, at City Council Minutes March 15, 2006 Page 11 6:00 P.M., City Hall, City Council Chamber, preceded by a Closed Session at 4:00 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 5T" DAY OF APRIL, 2006. MAYOR ATTEST: Clerk