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HomeMy WebLinkAbout2008-09-17 CC MINUTES CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA P MINUTES WEDNESDAY, SEPTEMBER 17, 2008 City Hall Council Chamber CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:03 p.m. PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the Pledge. INVOCATION: Rev. Dr. Amanda Burr, United Methodist Church of Palm Springs, led the Invocation. ROLL CALL: PRESENT: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. PRESENTATIONS: Police Chief Dominguez announced the City obtained an ABC Grant from the State of California and outlined the funded programs. Police Chief Dominguez administered the Oath of Office to Police Officers Christopher Jaeger, Steven Lipscomb, and Steven Sanders, and introduced the new Police Officers to the City Council. Tyler McLean, Class President and Chelsea Healey, Vice President, Palm Springs High School, announced the 70th Anniversary of Palm Springs High School, and the activities planned to celebrate the 70th Anniversary of the School. Councilmember Lori Van Arsdale, City of Hemet, announced the 2008 National District Export Council Conference, being held in the City of Palm Springs. City Manager Ready presented the City's new website, and announced the upgraded service will be fully implemented in October. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:30 p.m. the City Council recessed into Closed Session to discuss Items on the posted Closed Session Agenda_ No reportable actions were taken. City Council Minutes September 17, 2008 Page 2 ACCEPTANCE OIL THE AGENDA: Councilmember Mills requested Item 2.B. be removed from the Consent Calendar for separate discussion. Mayor Pro Tern Foat requested Item 2.13. be removed from the Consent Calendar for separate discussion. Councilmember Weigel requested Item 2.E. be removed from the Consent Calendar for separate discussion. Councilmember Hutcheson noted his abstention on Consent Calendar Item 2.1-1. ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded by Councilmember Weigel and unanimously carried on a roll call vote. 1. PUBLIC HEARINGS: 1.A. APPEAL BY ENDURE INVESTMENT, LLC, OF THE PLANNING COMMISSION'S ACTION OF JULY 23, 2008, UPHOLDING THE PLANNING COMMISSION'S DECISION OF A CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE SERVICE STATION AND CAR WASH FACILITY, WITH RESTRICTED HOURS OF OPERATION, LOCATED AT THE SOUTHEAST CORNER OF GENE AUTRY TRAIL AND MISSION DRIVE, CASE 5.1128: David Newell, Associate Planner, provided background information as outlined in the staff report dated September 17, 2008. Mayor Pougnet opened the public hearing, and the following speaker addressed the City Council. JONATHAN DOTY, Representing Applicant, commented on "flipping" of the site plan and the circulation plan, stated the tenant requires additional hours, and the Applicant would like to propose sound barrier walls and landscaping for additional hours. No further speakers coming forward, the public hearing was closed. The City Council discussed and/or commented on the following with respect to the project: inclusion and location of the proposed ATM machine and lighting, other similar businesses in the area with extended operating hours, detail of the Planning Commission discussion of limiting the hours, a provision to allow a 24-hour car wash, limited the operational hours to 7:00 a.m. to 9:00 p.m., installation of sound walls and additional landscaping. City Council Minutes September 17, 2008 Page 3 ACTION: Direct staff to prepare a resolution for City Council adoption that grants the appeal and overrules the Planning Commission decision, approves the Conditional Use Permit allowing the 24-hour operation of the car wash and with extended operating hours from 7:00 a.m. to 9:00 p.m., revise the landscape and/or site plan to provide additional screening and/or sound walls subject to review, and the relocation of the ATM machine. Motion Mayor Pro Tern Foat, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. 1.B. JAMES CIOFFI FOR NICHOLS PROPERTIES, INC. FOR TENTATIVE TRACT MAP 35999 AND PLANNED DEVELOPMENT DISTRICT 327 TO ESTABLISH NEW DEVELOPMENT STANDARDS FOR A MIXED-USE PROJECT AT 901 NORTH PALM CANYON DRIVE: Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated September 17, 2008. Councilmember Hutcheson requested staff address the extent of the modifications to the project based on the neighborhood input. Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council. JAMES CIOFFI, Representing Applicant, provided a history of the approval of the project and the elimination of the pools and decking, and requested the City Council approve the project. PEGGY REDMON, Representing the HOA, commented on the lack of notice and concerns of the immediate neighbors. GED KENSLEA, Palm Springs, requested the City Council defer any action and refer back to the Planning Commission for lack of notice. JAMES CIOFFI, Rebuttal, stated the project has two approvals by the City Planning Commission, and the plans were reviewed by the HOA Board. No further speakers coming forward, the public hearing was closed. Mayor Pougnet requested staff address the noticing of the hearing, Councilmember Mills requested the Applicant address the landscape plan and the location of the planters and the surrounding sidewalks. Mayor Pro Tem Foat requested the Applicant address the modifications to the plan since the last meeting with the HOA. i City Council Minutes September 17, 2008 Page 4 Councilmember Mills requested staff address the zoning of the property, and the allowable setback. Councilmember Hutcheson commented on the initial project, and the improvements made to accommodate the adjacent HOA complex. ACTION: Adopt Resolution No. 22335,"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5,1110, TENTATIVE TRACT MAP 35999 FOR CONDOMINIUM PURPOSES AND PLANNED DEVELOPMENT DISTRICT 327 FOR THE DEVELOPMENT OF A MIXED-USE DEVELOPMENT COMPRISED OF RESIDENTIAL AND COMMERCIAL CONDOMINIUM UNITS AT 901 NORTH PALM CANYON DRIVE." Motion Councilmember Mills, seconded by Councilmember Weigel and unanimously carried on a roll call vote. I.C. O & M TAHQUITZ, LLC, FOR A MIXED-USE DEVELOPMENT CONSISTING OF TWO HOTELS OF UP TO 306 ROOMS AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND HERMOSA DRIVE, CASE 5.1160, PDD 341, TENTATIVE, PARCEL MAP 35989, TAHQUITZ/HERMOSA HOTELS, SECTION 14: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated September 17, 2008. Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed. Councilmember Mills requested staff address the height of the courtyard setback, and requested the screening be provided with a 42 inch wall. Councilmember Hutcheson commented on the hotels and the proximity near the Convention Center. Mayor Pro Tern Foat requested the Applicant address the theme of the architecture, and requested staff review the possibility of a sidewalk on the City owned property adjacent to the project and the Convention Center. ACTION: Adopt Resolution No. 22336, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING PRELIMINARY PLANNED DEVELOPMENT DISTRICT 341 (PDD 341) AND TENTATIVE PARCEL MAP 35989 FOR A MIXED-USE DEVELOPMENT CONSISTING OF TWO HOTELS, RETAIL/COMMERCIAL, AND OFFICE SPACE PROJECT ON AN APPROXIMATE 9.93-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND HERMOSA DRIVE;" City Council Minutes September 17, 2008 Page 5 amending the conditions of approval to incorporate the Conditions requested by the Tribe, subject to final review of the Tribal Conditions at the time the final Planned Development District. Motion Councilmember Weigel, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. I.D. NUISANCE ABATEMENT .HEARING REGARDING THE PROPERTY LOCATED AT 1507 EAST SAN JACINTO WAY: Don Duckworth, Director of Building and Safety, provided background information as outlined in the staff report dated September 17, 2008. Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council. TIMOTHY SIGLE, Palm Springs, stated his property backs up to the subject property, and requested the City Council abate the nuisance. JEANE WHITE, Palm Springs, stated she has had to call the Police Dept due to the activities at the subject property, and requested the City Council abate the nuisance. JIM FRANKLIN, requested the City Council order the removal and abatement of the house. No further speakers coming forward, the public hearing was closed. Mayor Pro Tern Foat requested the City Attorney address the amount of time to declare this property a nuisance_ Councilmember Weigel stated the City Council is concerned with blight, and highlighted the two ordinances on the Agenda to deal with blighted properties. Councilmember Mills commented on the two ordinances on the Agenda that will allow a more timely process to deal with blighted properties. Councilmember Hutcheson stated the City will have additional tools to address these types of nuisance and abatement issues. ACTION: Adopt Resolution No. 22337, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING THAT CERTAIN BUILDING LOCATED AT 1507 EAST SAN JACINTO WAY, PALM SPRINGS, CALIFORNIA, APN 507-246-004, IS SUBSTANDARD AND A NUISANCE PURSUANT TO THE CALIFORNIA HEALTH AND SAFETY CODE CALIFORNIA CODE OF REGULATIONS, UNIFORM HOUSING CODE AND PALM SPRINGS MUNICIPAL CODE City Council Minutes September 17, 2008 Page 6 AND ORDERING THAT CERTAIN BUILDING LOCATED AT 1507 EAST SAN JACINTO WAY, PALM SPRINGS, CALIFORNIA, TO BE REPAIRED, ABATED OR DEMOLISHED." Motion Councilmember Weigel, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. The City Council recessed at 8:16 p.m. The City Council reconvened at 8:24 p.m. PUBLIC COMMENT: JAN CAMPBELL, Palm Springs, commented on the Mayor's Plan for a Sustainable Community. BOB BOGARD, commented on Special Event Funding, and requested funding for Modernism Week and the benefits to the City. CHARLES SACHS, commented on the removal of trees at Casa De Oro. ED TORRES, PSEDC, commented on Item 5.B., and stated the PSEDC is looking forward to working with the City toward a sustainable community. GED KENSLEA, commented on Item 1.8. regarding the notice problem and characterized the meeting with the Developer. PAUL MERRIGAN, commented on Item 5.A., Special Event Funding, and requested support for the Desert Classic Concours. COUNCILMEMBER COMMENTS: Mayor Pro Tern Foat requested staff address the concerns of Mr. Charles Sachs with the removal of trees. Councilmember Hutcheson requested the City Manager provide the City Council an update on the development/construction of Milo Drive. Mayor Pougnet addressed comments and concerns on sustainability issues. CITY MANAGER'S REPORT: City Manager Ready requested the City Engineer address the activities on Milo Drive. City Council Minutes September 17, 2008 Page 7 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.C., 2.D., 2.F., 2.G., 2.H., 2.1., 2.J., 2.K., and 21. Motion Mayor Pro Tom Foat, seconded by Councilmember Weigel and unanimously carried on a roll call vote. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and file Report on the Pasting of the September 17, 2008, City Council Agenda. Approved as part of the Consent Calendar. 2.C, APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 22338, "A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANT NUMBERED 1030199 IN THE AMOUNT OF $86,413.50 DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 22339, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1030200 THROUGH 1030388 IN THE AGGREGATE AMOUNT OF $1,470,665.52, DRAWN ON BANK OF AMERICA;" 3) Adopt Resolution No. 22340, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 8-23-08 BY WARRANTS NUMBERED 413780 THROUGH 413837 TOTALING $99,462.66, LIABILITY CHECK NUMBERED 1030389 TOTALING $175.00, AND THREE ELECTRONIC ACH DEBITS OF $1,394,476.05, IN THE AGGREGATE AMOUNT OF $1,494,113.71, DRAWN ON BANK OF AMERICA;" 4) Adopt Resolution No. 22341, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1030390 THROUGH 1030479 IN THE AGGREGATE AMOUNT OF $2,922,827.48 DRAWN ON BANK OF AMERICA;" and 5) Adopt Resolution No. 22342, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1030480 THROUGH 1030604 IN THE AGGREGATE AMOUNT OF $1,398,469.07 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.1). STAFF AUTHORIZED AGREEMENTS FOR AUGUST 2008: ACTION: Receive and file Staff Authorized Agreements covering the period August 1 through August 31, 2008. Approved as part of the Consent Calendar. City Council Minutes September 17, 2008 Page 8 2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1745, RELATING TO EVENT HOUSES: ACTION: Waive further reading and adopt Ordinance No. 1745, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.75 TO THE PALM SPRINGS MUNICIPAL, CODE, RELATING TO EVENT HOUSES." Approved as part of the Consent Calendar. 2.G. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1746, RELATING TO VACANT AND BOARDED BUILDINGS. ACTION: Waive further reading and adopt Ordinance No. 1746, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.80 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF VACANT AND BOARDED BUILDINGS AS PUBLIC NUISANCES." Approved as part of the Consent Calendar. 2.H. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1748, RELATING TO VACATION RENTALS: ACTION: Waive further reading and adopt Ordinance No. 1748, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.25 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO VACATION RENTALS." Approved as part of the Consent Calendar, noting the Business related abstention of Councilmember Hutcheson. 2.1. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1749, RELATING TO SKATE PARK REGULATIONS: ACTION: Waive further reading and adopt Ordinance No. 1749, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 11.44 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PARKS AND RECREATION AREAS AND SKATE PARK REGULATIONS." Approved as part of the Consent Calendar, 2.J. RUNWAY 31LI13R PAINT REMOVAL AT THE PALM SPRINGS INTERNATIONAL AIRPORT: ACTION: 1) Approve a purchase order for the removal of runway paint to Extreme Pressure Systems, Inc., in the amount of $29,853.00; and 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 2.K. APPROVE AN AGREEMENT FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF GENE City Council Minutes September 17, 2008 Page 9 AUTRY TRAIL AND VISTA CHINO FOR THE GENE AUTRY TRAIL GATEWAY LANDSCAPING IMPROVEMENTS, CP 06-03: ACTION: 1) Approve an agreement for the Acquisition of Real Property and Escrow Instructions with Lakshman Wickremesinghe, Chrisanthie Wickremesinghe, and Deepika Ruwan Wickremesinghe, for real property located at the southwest corner of the Gene Autry Trail and Vista Chino intersection, APN 677-250-062; and 2) Authorize the City Manager to execute all necessary documents. A5722. Approved as part of the Consent Calendar. 2.L. APPROVE THE DONATION OF TWO SURPLUS CITY VEHICLES TO THE PUBLIC SAFETY ACADEMY AT COLLEGE OF THE DESERT: ACTION: 1) Donate a surplus 1999 Ford Crown Victoria (previously used by the Police Department) bearing CA License Plate L100496 with City of Palm Springs equipment number 90-99 to the College of the Desert, Public Safety Academy; 2) Donate a surplus 1999 Ford Crown Victoria (previously used by the Police Department) bearing CA License Plate E100490 with City of Palm Springs equipment number 46-99 to the College of the Desert, Public Safety Academy; and 3) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.13. APPROVE THE WASTEWATER TREATMENT PLANT SECURITY PERIMETER FENCE DESIGN NOTICE TO PROCEED TO VEOLIA WATER NORTH AMERICA-WEST, LLC: Councilmember Mills requested staff address the type of fence as approved. Mayor Pro Tem Foat requested staff address the type of fence, and the proximity to the Animal Shelter site. ACTION: Approve a Notice to Proceed to Veolia Water North America-West, LLC, in the amount of $20,096 for final design of a security perimeter fence around the wastewater treatment plant, CP 08-11. Motion Councilmember Mills, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. 2.E. TREASURER'S INVESTMENT REPORT AS OF JULY 31, 2008: Councilmember Weigel requested staff address the safety of the City's investments. City Council Minutes September 17, 2008 Page 10 ACTION: Receive and File the Treasurer's Investment Report as of July 31, 2008. Motion Councilmember Hutcheson, seconded by Councilmember Mills and unanimously carried on a roll call vote. 3. LEGISLATIVE: 3.A. PROPOSED ORDINANCE RELATING TO DOGS IN CITY PARKS: Sharon Heider, Director of Parks and Recreation, provided background information as outlined in the staff report dated September 17, 2008. ACTION: 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1750, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING SECTION 11.44.100 OF THE PALM SPRINGS MUNICIPAL CODE, PROHIBITING DOGS IN PARKS AND RECREATION AREAS." Motion Councilmember Weigel, seconded by Councilmember Mills and unanimously carried on a roll call vote. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: 5.A. SPECIAL EVENT GRANT FUNDING FOR FISCAL YEAR 2008-09: City Manager Ready provided background information as outlined In the staff report dated September 17, 2008. Mayor Pougnet stated it would be fiscally prudent to delay funding for some of the events. Councilmember Mills requested the City Council consider partially funding the Desert Classic Contours in the amount of$10,000. Councilmember Weigel requested the City Council make a decision to fund the Desert Classic Contours in the amount of $15,000 or$20,000. Councilmember Hutcheson requested the City Council consider funding the Desert AIDS Walk. Mayor Pro Tern Foat recommended the City fund the Desert Classic Contours in the amount of$20,000, and fund the Opera in the Park. ACTION: 1) Fund the Palm Springs Pride Festival in the amount of $20,000 ($7,500 is unallocated), Opera in the Park for $5,000 ($1,150 is unallocated), Desert AIDS Walk in the amount of $7,500 ($7,500 is unallocated), Tour de Palm Springs in the amount of $25,000 ($7,000) is unallocated), Desert Classic Contours in the amount of $10,000 ($10,000 City Council Minutes September 17, 2008 Page 11 I is unallocated); 2) Direct and Authorize the City Treasurer/Finance Director to allocate $33,150 from un-allocated Special Event Funding; and 3) Authorize the City Manager to execute any necessary documents. Motion Mayor Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote. 5.13. APPROVAL OF CONTRACTS FOR "SUSTAINABLE" MASTER PLAN CONSULTING SERVICES, COMMUNITY OUTREACH, AND OWNER'S REPRESENTATIVE SERVICES: City Manager Ready provided background information as outlined in the staff report dated September 17, 2008. The City Council discussed and/or commented on the following with respect to the contract: the award of contracts to both PSEDC and Kay Hazen and the respective scope of services, PSEDC and the public outreach area, the concept of visioning in the Scope of Services with the firm of Cogan Owens Cogan, and the amount of funds being spent. ACTION: 1) Approve award of a contract for consulting services in an amount not-to-exceed $132,600 to Cogan Owens Cogan for professional consulting services to develop a Sustainability Master Plan; 2) Authorize the City Manager to negotiate and execute a professional services agreement with Palm Springs Economic Development Corporation (PSEDC) for an amount not-to-exceed $35,000 for community outreach and workshop facilitation in support of the Sustainability Master Planning effort; 3) Authorize the City Manager to execute a professional services agreement with Kay Hazen and Co., in an amount not-to-exceed $30,000 for owner's representative coordination services of the City's Sustainability Master Plan process; 4) Adopt Resolution No. 22343, "A RESOLUTION OF THE, CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2008-09;" and 5) Authorize the City Manager to execute all necessary documents. A5723. A5724. A5725. Motion Councilmember Mills, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. S.C. DISCUSS THE IMPLEMENTATION OF AN ENERGY EFFICIENCY LOAN PROGRAM (AB811), AMENDING THE BUDGET TO FUND THE PROGRAM AND ESTABLISH THE ENERGY EFFICIENCY LOAN PROGRAM FUND: City Manager Ready provided background information as outlined in the staff report dated September 17, 2008. The City Council discussed staff resources and suggested the loan process be implemented with an outside administrator. City Council Minutes September 17, 2008 Page 12 ACTION: 1) Direct staff to finalize the loan parameters and the Energy Efficiency Loan Program policies, procedures and qualifications; and 2) Adopt Resolution No. 22344, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A NEW FUND TO BE TITLED THE ENERGY EFFICIENCY LOAN PROGRAM FUND AND THE CREATION OF APPROPRIATE ACTIVITIES, COST CENTERS, AND ACCOUNT NUMBERS, AND AMENDING THE BUDGET FOR FISCAL YEAR 2008- 09 TO FUND THE ENERGY EFFICIENCY LOAN PROGRAM." Motion Mayor Pro Tern Foat, seconded by Councilmember Weigel and unanimously carried on a roll call vote. 5.13. ALTERNATIVE FUEL VEHICLE PROCUREMENT POLICY: David Barakian, City Engineer, provided background information as outlined in the staff report dated September 17, 2008. The City Council discussed and/or commented on the following with respect to the Alternative Fuel Vehicle Procurement Policy: the determination to use CNG Vehicles, the use of non-polluting vehicles, the availability of CNG at this time, the addition of adding other components or types of technology in the future, the cost difference between CNG and regular vehicles, and the investment of the City toward clean vehicles. ACTION: Approve the alternative fuel vehicle policy guideline for purchasing new and replacement vehicles for the City's fleet as follows: "The City will attempt to meet all of its vehicle needs through the competitive procurement process, with vehicles that use, or can be properly equipped to use Compressed Natural Gas (CNG)." Motion Councilmember Mills, seconded by Mayor Pro Tern Foat and unanimously carried on a roll call vote. S.E. RESOLUTION IN OPPOSITION TO PROPOSITION 7, THE RENEWABLE ENERGY STATUTE INITIATIVE, FOR THE NOVEMBER 4, 2008, CALIFORNIA GENERAL ELECTION : City Manager Ready and Mayor Pougnet provided background information as outlined in the staff report dated September 17, 2008. The City Council discussed and/or commented on the following with respect to the proposed measure: effect on the City of Palm Springs, and placing Items on the agenda with the predetermined disposition. ACTION: Adopt Resolution No. 22345, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN OPPOSITION TO PROPOSITION 7, THE RENEWABLE ENERGY STATUTE INITIATIVE, FOR THE NOVEMBER 4, 2008, CALIFORNIA City Council Minutes September 17, 2008 Page 13 GENERAL ELECTION." Motion Mayor Pougnet, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. 5.F. RESOLUTION IN OPPOSITION TO PROPOSITION 8, THE CALIFORNIA MARRIAGE PROTECTION ACT, FOR THE NOVEMBER 4, 2008, CALIFORNIA GENERAL ELECTION: City Manager Ready provided background information as outlined in the staff report dated September 17, 2008. The City Council discussed and/or commented on the following with respect to the proposed measure: lack of effect on the City of Palm Springs, placing Items on the agenda with the predetermined disposition, the City Council taking positions on measures dealing with personal preferences that may polarize the community, the positive economic impact to the City and civil rights guarantees of the proposed measure. MOTION: Withdraw the Item from the Agenda. Motion Councilmember Weigel, seconded by Councilmember Mills and failed 2-3 on a roll call vote. AYES: Councilmember Mills and Councilmember Weigel. NOES: Councilmember Hutcheson, Mayor Pro Tern Foat, and Mayor Pougnet. ACTION: Adopt Resolution No. 22346, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN OPPOSITION TO PROPOSITION 8, THE CALIFORNIA MARRIAGE PROTECTION ACT, FOR THE NOVEMBER 4, 2008, CALIFORNIA GENERAL ELECTION." Motion Mayor Pro Tern Foat, seconded by Mayor Pougnet and carried 3-0 on a roll call vote. AYES: Councilmember Hutcheson, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None. ABSTAIN: Councilmember Mills and Councilmember Weigel. 5.G. LEAGUE OF CALIFORNIA CITIES' STATE BUDGET RESOLUTION REQUEST: City Manager Ready provided background information as outlined in the staff report dated September 17, 2008. ACTION: Adopt Resolution No. 22347, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OPPOSING FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD BORROW LOCAL GOVERNMENT, REDEVELOPMENT, AND �1 City Council Minutes September 17, 2008 Page 14 TRANSPORTATION FUNDS." Motion Councilmember Mills, seconded by Mayor Pougnet and unanimously carried on a roll call vote. ACTION: Continue past the 10:00 p.m. tentative adjournment time. By consensus of the City Council. 5.H, PUBLIC BENEFITS FOR PLANNED DEVELOPMENT DISTRICTS: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated September 17, 2008. Councilmember Hutcheson stated that the use of PDD's are very beneficial and useful tools, but they could be used as loopholes to the zoning laws, and recommends that developers be required to provide a benefit back to the City, and introduced a new paragraph 5 toward the policy. Councilmember Weigel stated his support for the proposed new paragraph 5 as drafted by Councilmember Hutcheson. Councilmember Mills stated the City Council did not take action during prior discussions to further define public benefit, recommended that such be referred back to the Planning Commission, and stated that the use of the PDD itself makes a better project and does not need or require further public benefits. Councilmember Weigel suggested that verbiage be added with respect to the type of benefits that a developer may choose, and stated that all or none of these of the suggested benefits will not necessarily determine that the PDD will be approved. Mayor Pro Tern Foat stated the proposal is not a check list but a menu for developers to choose from. ACTION: Adopt the Planned Developments and the Requirements for Public Benefits Policy Statement, amending Section 5 as drafted by Councilmember Hutcheson. Motion Councilmember Hutcheson, seconded by Mayor Pro Tern Foat and carried 4-1 on a roll call vote. AYES: Councilmember Hutcheson, Mayor Pro Tern Foat, Councilmember Weigel, and Mayor Pougnet, NOES: Councilmember Mills. COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: Mayor Pougnet commented on alternatives to scalping grass, and requested the City Manager review and correct the oleander hedge on Civic Drive. City Council Minutes September 17, 2008 Page 15 ADJOURNMENT: The City Council adjourned at 10:38 p.m. to a Joint Meeting with the Agua Caliente Band of Cahuilla Indians Tribal Council, Wednesday, September 24, 2008, at 5:30 P.M. in the Cahuilla Room, Spa Hotel and Resort, 100 North Indian Canyon Drive, Palm Springs. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 1$T DAY OF OCTOBER, 2008. STEP EN P. POUG ET, MAYOR ATTEST: ES THOMPSON, CITY CLERK