HomeMy WebLinkAbout7/20/2005 - STAFF REPORTS (9) PALM SPRINGS CITY COUNCIL
STUDY SESSION AND ADJOURNED REGULAR MEETING MINUTES
WEDNESDAY, JULY 13, 2005
COUNCIL CHAMBER
CALL TO ORDER: Mayor Oden called the meeting to order at 6:04 PM.
PLEDGE OF ALLEGIANCE: Councilmember Mills led the Pledge.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Mills, Councilmember
Pougnet, Mayor Pro Tern McCulloch, Mayor Oden.
ABSENT: None.
ALSO PRESENT: City Manager Ready, Assistant City Manager Butzlaff, City Attorney
Holland, City Clerk Thompson, City Treasurer Graves.
PRESENTATIONS:
Mayor Oden and the City Council presented a certificate of Appreciation to retiring
Battalion Chief James MacLean for his service to the City of Palm Springs.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated that staff requested Study Session Item SS1. regarding the
Documentary Stamp Tax be withdrawn from the Agenda.
Councilmember Mills requested the Minutes of July 6, 2005 be modified in regard to
Item 1.B by removing P (Professional) from the Resolution Title and requested the
Minute Order on Item 2.D. be noted as a construction contract.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Councilmember Pougnet and unanimously carried.
REPORT OF CLOSED SESSION:
City Attorney Holland reported that at 4:30 P.M. Mayor Oden called the meeting to order
and the City Council recessed into Closed Session to discuss matters on the posted
Closed Session Agenda. The City Council received reports, and no reportable actions
were taken.
1. PUBLIC HEARINGS:
1.A. 10' PUBLIC UTILITY EASEMENT VACATION - NORTHERLY 95 FEET
OF THE 10 FEET WIDE PUBLIC UTILITY EASEMENT ACROSS THE
PROPERTY LOCATED AT 635 CHUCKWALLA ROAD:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated July 13, 2005.
Item No. 2 , B ,
City Council Minutes
July 13,2005
Page 2
Mayor Oden opened the Public Hearing, no speakers coming forward, the
Public Hearing was closed.
ACTION: Adopt Resolution No. 21336 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING
AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN THE
NORTHERLY 95 FEET OF THE 10 FEET WIDE PUBLIC UTILITY
EASEMENT ACROSS THE PROPERTY LOCATED AT 635
CHUCKWALLA ROAD, IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE
4 EAST; FILE R-05-011." Motion Councilmember Foat, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
I.B. CASE 5.0830 PD-260 — APPEAL BY FAIRFIELD RESORTS, INC. OF
THE PLANNING COMMISSION'S DECISION THAT THE FINAL
DEVELOPMENT PLANS ARE NOT IN SUBSTANTIAL CONFORMANCE
WITH THE PRELIMINARY PLANNED DEVELOPMENT DISTRICT 260
FOR THE STAR CANYON RESORT LOCATED AT 961 SOUTH PALM
CANYON DRIVE, ZONES W-R-3 AND W-C-1, SECTIONS 22 AND 23:
Jing Yeo, Principal Planner, provided background information as outlined
in the staff report dated July 13, 2005.
Mayor Oden opened the Public Hearing and the following speakers
addressed the City Council:
FERNANDO VILLA, representing Applicant, presented the background of
the project and how we got to this point in the process, stated the final
development plan is in substantial conformance with the preliminary plan
and agrees to the six additional conditions as presented by staff.
GERALD KOI, project architect, stated design is a process and spoke in
support of the staff input and conditions on the project, addressed balcony
issues on the time-share units
J.B. GOLD, spoke in support of the staff recommendation and commented
on the elevations as compared to the original design, stated the new plans
are an improvement to the original design, commented on the materials.
ESTHER KARVELAS, spoke in support of the project and requested the
City Council's support of the project.
KATHE POLOS, Rock Garden Cafe, stated her support of the project and
spoke in support of the time-share element.
NICHOLE POLOS, stated her support of the project and the back-fill
development project being proposed.
City Council Minutes
July 13,2005
Page 3
APRIL HILDNER, Palm Springs, requested the City Council uphold the
Planning Commission decision and hold the developer to the highest of
standards.
PAUL CRIPPAN, Palm Springs, stated there has been no input from the
neighbors or any neighborhood involvement, stated his support of the
Planning Commission recommendation.
CHARLES SACHS, Palm Springs, stated there have been improvements
to the project over the last year, objected to the size of the project and
spoke in support of the Planning Commission recommendation.
ROXANN PLOSS, Palm Springs, commented on past comments of
Planning Commissioner Gold, spoke in support of the Planning
Commission recommendation.
FRANK TYSEN, Palm Springs, stated he supported the original project
but the project had lost its appeal due to the deletion of amenities and the
time-share element, spoke in support of the Planning Commission
recommendation.
DANA STEWART, Palm Springs, stated the neighbors were involved and
that the PD is to too tall and dense, stated her support of the Planning
Commission recommendation.
JOAN MARTIN, Palm Springs, stated the project is too tall and dense,
requested the City focus on single-family units and requested the final
project be less dense.
PHILIP TEDESCO, Palm Springs, stated the project is too much in a small
area and should be scaled down.
FERNANDO VILLA, Applicant Rebuttal, stated the project has been
scaled down and set-backs increased to accommodate the concerns of
the community, requested the City Council support the staff
recommendation.
No further speakers coming forward, the Public Hearing was closed.
City Attorney Holland stated the Council's discussion and decision should
be based solely on findings that the final plans are either in substantial
conformance or not in substantial conformance with the preliminary plans.
The City Council discussed and/or commented on the following: the grade
in buildings 13, 15 and 21, the total of 254 units, definition of substantial
conformance, the Planning Commission vote, the findings of the Design
Review Committee, number of Jacuzzis, differences between stone and
City Council Minutes
July 13,2005
Page 4
cultured stone, the heights of the preliminary plan compared to the final
plan, quality of style and materials, time-share as opposed to a hotel,
differences in the preliminary and final plans as outlined in the staff report.
The City Council used the following examples as their findings that the
preliminary plans were not in substantial conformance with the final plans:
reduction in size from the children's pool to half the size, quality level, feel
and look "appearance" of the preliminary vs. final plans, overall feeling and
look of the architecture differences between the plans, elimination of rock-
slide, time-share v. hotel, originally 176 units of 374 units were time-share
and the location of such units, original plans the hotel units matched
closely if not exactly the time-share units as far as exterior appearance;
such as amount of glass, balcony depth, and overall look and feel, original
plans had no differences between the hotel units and the timeshare units,
change in excess of 25% is substantially different, courtyard reduction
from 240 x 320 to 230 x 235, changes in pools per Planning Commission,
reduction in size of children's pool from 37 x 40 to 17' diameter, size of
Jacuzzis 15 x 25 to 10 x 15, number of Jacuzzis from 6 to 2, reduction of
deck Space 163 x 70 to 136 x 70, reduction in pool deck space 180 x 60
to 140 x 30, underground parking spaces 304 spaces to 112, reduction
spa/recreation facilities from 13,000 square feet to 4,114 square feet
(more than 50% reduction), reduction in lobby from 4,829 to 2,099 square
feet, surface parking 72% increase, underground parking 63% decrease,
patio covers over exterior space are removed or enclosed, stone clad
towers are removed, size of patios from 6 to 8 feet reduced to 3 to 6 feet,
removing of glass from the preliminary plans, removal of cascading pool,
removal of unique design items that original plans carried.
ACTION: 1) Uphold the Planning Commission's decision that the final
development plans reviewed on May 11, 2005, are not in substantial
conformance with the preliminary planned development district for the Star
Canyon Resort located at 961 South Palm Canyon Drive, and the plans
are referred back to the Planning Commission to be processed as a new
application; and 2) Direct staff to prepare an appropriate resolution making
such finding and return to the City Council at its meeting on July 20, 2005.
Motion Councilmember Mills, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
The City Council recessed at 7:36 PM.
The City Council reconvened at 7:44 PM.
PUBLIC COMMENT:
VIC GAINER, Palm Springs, commented on the sale of the Wastewater Treatment
Plant.
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July 13,2005
Page 5
KITTY WEST, Palm Springs Regional Association of Realtors, thanked the City Council
for canceling discussions of a proposed property transfer tax.
KAREN JOY TABBAH, Palm Springs, thanked the City Council for canceling discussion
of a proposed property transfer tax.
ROXANNA CANINO, Palm Springs, thanked the City Council for street work,
commented on lights out on Palm Canyon Drive, the proposed thrift store on Sunrise
and the historic building at 174 North Palm Canyon Drive.
COUNCILMEMBER COMMENTS AND REQUESTS:
Mayor Pro Tern McCulloch commented on the sale of the Wastewater Treatment Plant.
Mayor Oden commented on the sale of the Wastewater Treatment Plant.
Councilmember Pougnet commented on the property at 140 Via Lola and stepping up
the Code Enforcement efforts on such buildings.
Mayor Oden requested information on a Code Enforcement Program for rental
properties, commented on the State Budget and the Governor's veto regarding the
release of funds for the Tribal Community Benefits Program.
Councilmember Foat requested the Mayor and all Palm Springs Residents send a letter
to the Governor regarding the Tribal Community Benefits Program.
CITY MANAGER'S REPORT: City Manager Ready requested City Clerk Thompson
provide an update to the City Council regarding the upcoming Nomination Period;
requested Don Duckworth, Building and Safety Director, brief the Council on the
property located at 140 Via Lola; and requested Police Chief Gary Jeandron report on
recent changes in reporting crimes to the Police Department via on-line reporting.
STUDY SESSION:
SS1. DISCUSSION REGARDING A PROPOSED INCREASE IN THE
DOCUMENTARY STAMP TAX ON THE SALE OF REAL PROPERTY:
Withdrawn from the Agenda at the request of staff.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D. and 2.E. Motion
Councilmember Foat, seconded by Mayor Pro Tern McCulloch and
unanimously carried on a roll call vote.
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and File Report on the Posting of the Agenda, July 13,
2005 City Council Agenda. Approved as part of the Consent Calendar.
City Council Minutes
July 13,2005
Page 6
2.13. APPROVAL OF MINUTES:
ACTION: Approve the Minutes of the City Council Meeting of July 6,
2005. Approved as part of the Consent Calendar, as amended by
modifying the minutes with regard to Item 1.13 by removing P
(Professional) from the Resolution Title and requested the Minute
Order on Item 2.D. be noted as a construction contract.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 21337, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1006206 THROUGH 1006501 THE AGGREGATE AMOUNT
OF $2,629,774.27 DRAWN ON BANK OF AMERICA;" and 2) Adopt
Resolution No. 21338, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1006502
THROUGH 1006514 THE AGGREGATE AMOUNT OF $208,116.91
DRAWN ON BANK OF AMERICA." Approved as part of the Consent
Calendar.
2.D. AMENDMENT NO. 2 TO AGREEMENT NO. A4922 WITH SIMAT,
HELLIESEN & EICHNER, INC. TO PROVIDE EXPANDED AIR SERVICE
DEVELOPMENT AND MARKETING:
ACTION: 1) Approve Minute Order No. 7710, authorizing Amendment
No. 2 to Agreement No. 4922 with Simat, Helliesen & Eichner, Inc. to
provide expanded services in the Area of Air Service Development and
Marketing at a cost not to exceed $125,000; and 2) Authorize The City
Manager to execute all necessary documents. A4922. Approved as part
of the Consent Calendar.
2.E. SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF
UNDERSTANDING (MOU) WITH THE PALM SPRINGS FIRE SAFETY
UNIT (PSFSU) FOR THE PERIOD JULY 1, 2005 THROUGH JUNE 30,
2006 INCREASING THE AUTHORIZED STAFFING FOR THE
PARAMEDIC PROGRAM:
ACTION: Adopt Minute Order No. 7711, approving a side letter of
agreement to the Memorandum of Understanding, Agreement No. A5018,
with the Palm Springs Fire Safety Unit for the Period July 1, 2005 through
June 30, 2006, increasing the authorized staffing for the Paramedic
Program. A5018. Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR: None.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
City Council Minutes
July 13,2005
Page 7
5. NEW BUSINESS: None.
COUNCILMEMBER COMMENTS AND REPORTS:
Councilmember Foat requested the City Manager follow-up with a requested report on
Desert Water Agency construction on Barona Road, Araby Drive and the immediate
area.
Councilmember Mills requested Mesquite Avenue be included in the report.
Councilmember Foat requested a breakdown on legal fees for the City Attorney and
other legal firms retained by the City.
Councilmember Mills commented on the process of developing Downtown Urban
Guidelines, and requested review of the Guidelines be scheduled before the City
Council as soon as possible.
ADJOURNMENT: The City Council adjourned at 8:12 PM to its Regular Meeting at
6:00 P.M., Wednesday, July 20, 2005, City Hall Council Chamber, preceded by a
Closed Session at 4:30 P.M., City Hall Small Conference Room, 3200 Tahquitz Canyon
Way.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
20T" DAY OF JULY, 2005.
MAYOR
ATTEST:
City Clerk