HomeMy WebLinkAbout2006-02-15 CC MINUTES 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withdrawn from the Agenda.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
CVN-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.
1.13. 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.
City Council Minutes
February 15, 2006
Page 4
1.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, R5E, 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, R5E, 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 Tern Foat.
NOES: Councilmember Mills.
ABSENT: Mayor Oden.
1.1). 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 Tern Foat commented on the original proposal which included a
convenience store on the property, and requested the convenience store be
included in the project.
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.
1.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 Tern 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.B. 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.D. 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.
2.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
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 1 $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.
2.0. 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.
23. 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.
2.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 Tern 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 Tern Foat.
NOES: None.
ABSENT: Mayor Oden.
3. 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 Tern 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 15, 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.B. 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 Tern 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.D. 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, (y) 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
roll call vote.
AYES: Councilmember McCulloch, Councilmember Mills, Councilmember
Pougnet, and Mayor Pro Tern Foat.
NOES: None.
ABSENT: Mayor Oden.
5. NEW BUSINESS:
5.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 Tern 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 Tern 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 Tern Foat and carried 3-0
on a roll call vote.
AYES: Councilmember McCulloch, Councilmember Pougnet, and Mayor
Pro Tern 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 Tern 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:
y Clerk