HomeMy WebLinkAbout4/16/2008 - STAFF REPORTS - 2.B. CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
a
MINUTES
WEDNESDAY, APRIL 2, 2008
City Hall Council Chamber
CALL, TO ORDER: Mayor Pougnet called the meeting to order at 6:02 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Rev. Michael Kearney, Palm Springs Church of Religious Science, led
the Invocation.
ROLL CALL:
PRESENT: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tern Foat, and Mayor Pougnet.
ABSENT: None,
ALSO PRESENT: City Attorney Holland and City Clerk Thompson.
PRESENTATIONS:
Fire Chief Goetz administered the Oath of Office to Firefighters Jeff Kaimer, Craig
Chastain, Brian Davis, Ashley Josephson, and Scott Hernandez, and introduced the
new Firefighters to the City Council.
Harold Matzner and Darryl Macdonald, Palm Springs International Film Festival,
presented a status report of the successful 2008 Film Festival.
David Carden, Jr., presented a neighborhood petition for Trader Joe's to relocate to
Palm Springs.
REPORT OF CLOSED SESSION: City Attorney Holland reported that at 5:00 p.m. the
meeting was called to order and the City Council recessed into Closed Session to
discuss items on the Closed Session Agenda. The City Council provided direction to the
City Attorney with respect to settlement of the Tort Claim filed by Verizon, City Claim
No. 08-0123, otherwise no reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
Mayor Pro Tern Foat requested Item 2.J. be removed from the Consent Calendar for
separate discussion. Item No. n . B .
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April 2, 2008
Page 2
Councilmember Mills requested Items 2.E., 21., 2.1., and 2.K. be removed from the
Consent Calendar for separate discussion, and noted his business related abstention
for Items 2.B., 2.G., 2.H., 2.J., 2.1-., and 2.N.
Mayor Pougnet requested Items 2.E., 2.1., and 2.N. be removed from the Consent
Calendar for separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Weigel,
seconded by Councilmember Mills and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FISCAL YEAR
2008-09 ANNUAL, ACTION PLAN BUDGET ADOPTION, ACCEPTANCE
AND APPROVAL OF THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) GRANT NO. B-08-MC-
06-0561 IN THE AMOUNT OF $500,027 FOR FISCAL. YEAR 2008-09:
Dale Cook, Community Development Administrator, provided background
information as outlined in the staff report dated April 2, 2008.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
BEVERLY GREER, Stroke Recovery Center, thanked the Committee for
their recommendation for funding, and requested the City Council approve
the request.
DEAN LOCKWOOD, Mizell Senior Center, thanked Staff and the
Committee, and recommended the City Council support the grant to the
Senior Center.
PETER DeMARTINO, Desert AIDS Project, provided an update on the
projects submitted by Desert AIDS Project, and requested the City Council
approve the grant request.
JUDITH SHEA, Desert Hot Springs, stated their organization was not
recommended for funding, but requested a percentage of tax relating to
the project at Gene Autry and Ramon, be allocated for healthcare for
Sober Age.
LINDA BARRACK, Jewish Family Services, requested the City Council
support a matching grant so that they may obtain a HUD Grant.
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April 2, 2008
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WILLIE HOLLAND, Palm Springs, requested the City Council support the
James O. Jessie Desert Highland Unity Center Fencing grant and other
programs for children in the area.
No further speakers coming forward, the public hearing was closed.
Councilmember Weigel requested staff address the allotment and criteria,
questioned if the City Council could move funds from one type of program
to another type of program, and the difference between public service
programs, code enforcement and capital improvement programs.
Councilmember Hutcheson requested staff address funding the same
organizations for more than one-year, requested staff review the number
of people served in future years funding analysis, and commented on the
Sunup Rotary Club Shoes that Fit Program.
ACTION: 1) Adopt Resolution No. 22193, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE FISCAL YEAR 2008-09 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN,
APPROVING THE CDBG BUDGET FOR FISCAL YEAR 2008-09,
AUTHORIZING THE SUBMITTAL OF THE PLAN AND BUDGET TO THE
UNITED STATES DEPARTMENT OF HOUSING & URBAN
DEVELOPMENT;" 2) Approve the Subrecipient Agreements and City
Departments' Memoranda of Understanding in a form acceptable to the
City Attorney; and 3) Authorize the City Manager to execute all necessary
documents.
City of Palm Springs, Fire Department $93,000, CERT Supplies
Container. A5635.
Family YMCA of the Desert, $15,000, Public Facility Improvements.
A5636.
DesertArc, $15,000, Safety, Security, and ADA Improvements. A5637.
Mizell Senior Center, $15,000, Restroom Conservation Efficiencies.
A5638.
Stroke Recovery Center, $44,018, Energy Conservation Improvements.
A5639
City of Palm Springs, Department of Parks & Recreation, $17,000, James
O. Jessie Desert Highland Unity Center Fencing. A5640.
Desert AIDS Project, $75,000, Energy Efficiency Retrofitting. A5641.
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Shelter from the Storm, $15,000, Domestic Violence Outreach and
Advocacy. A5642.
Palm Springs Police Athletic League, Inc., $15,035, Partial Summer
Scholarship Program. A5643.
Jewish Family Services of San Diego $28,969, Desert Horizon Services
and Overnight Shelter. A5644.
Court Appointed Special Advocates for Riverside County Inc., $16,000,
Support Program. A5645.
City of Palm Springs, Department of Community & Economic
Development, $51,000, Home Repair Program. A5646.
Fair Housing Council of Riverside County, $15,000, Fair Housing
Program. A5647.
Motion Councilmember Mills, seconded by Councilmember Weigel
and unanimously carried on a roll call vote.
I.B. CONVERSION OF AN EXISTING 13-UNIT APARTMENT COMPLEX TO
A 12-UNIT CONDOMINIUM COMPLEX LOCATED AT 588 SAN
LORENZO ROAD, CASE 5.1171 PD-351, PLANNED DEVELOPMENT
DISTRICT AND TENTATIVE TRACT MAP 35544:
Ken Lyon, Associate Planner, provide background information as outlined
in the staff report dated April 2, 2008.
Councilmember Hutcheson requested staff address if the building was
occupied.
Mayor Pro Tern Foat requested staff address Condition Nos. 11, 13, 16,
and 67.
Councilmember Weigel requested staff address Condition No. 9, with
respect to the easement, but not the installation of the sidewalk.
Mayor Pougnet opened the public hearing, and the following speaker
addressed the City Council.
SCOTT HINES, Representing Applicant, provided background information
on the project and requested the City Council support the project.
No further speakers coming forward, the public hearing was closed.
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April 2, 2008
Page 5
Councilmember Mills expressed concerns that the project is not in
compliance with the Zoning Code: bay parking requirements, the addition
of the wall to the parking in the setback line, the location of the trash area
and service gate, stated he would prefer the parking be moved to the
setback area and not in the front of the building, commented on the loss of
rental housing stock, and the evaluation of the project and the conditions.
Councilmember Weigel commented on the current parking lot and the
number of spaces.
ACTION: Adopt Resolution No. 22195, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE 5.1171 PD-351 AND TENTATIVE TRACT MAP
35544 FOR THE CONVERSION OF AN EXISTING 13-UNIT
APARTMENT COMPLEX TO A 12-UNIT CONDOMINIUM COMPLEX
LOCATED AT 588 SAN LORENZO ROAD" subject to review of the Final
Plan by the Planning Commission to consider the City Council discussion,
modifying the second sentence of Condition No. 9 to read "The City shall
have the right but not the obligation to enforce the CC&R's, the CC&R's
shall not be amended without City Approval, and shall require
maintenance of all property in good condition and in accordance with all
ordinances," and deleting the last sentence of Condition No. 16. Motion
Councilmember Weigel, seconded by Mayor Pro Tern Foat and
carried 4-1 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor
Pro Tern Foat, and Mayor Pougnet.
NOES: Councilmember Mills.
1.C. DESIGNATION OF THE PROPERTY "COACHELLA VALLEY SAVINGS
BANK" KNOWN AS THE "WASHINGTON MUTUAL BANK" BUILDING,
AS A CLASS 1 HISTORIC SITE, LOCATED AT 499 SOUTH PALM
CANYON DRIVE, CASE HSPB 53:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated April 2, 2008.
Mayor Pro Tem Foat requested staff address the status of the ATM and
the cover, the building of the parking structure, and requested staff
address why the parking structure was removed from the historic
designation.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
Councilmember Mills requested staff address the minutes of the Historic
Site Preservation Board.
City Council Minutes
April 2, 2008
Page 6
ACTION: Adopt Resolution No. 22196, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING THE BUILDING AT 499 SOUTH PALM CANYON DRIVE,
'COACHELLA VALLEY SAVINGS BANK' KNOWN AS 'WASHINGTON
MUTUAL BANK' AS A CLASS 1 HISTORIC SITE," modifying Condition
No. 3 to read "No permit for the alteration of the exterior, including signage
and any and all of the defining elements and characteristics shall be
issued without prior approval pursuant to the provisions of the Palm
Springs Zoning Code," amending Condition No. 6 to read "The parking
garage is included in the Class 1 designation," and removing all other
references in the resolution to the exclusion of the parking garage. Motion
Councilmember Hutcheson, seconded by Mayor Pro Tem Foat and
unanimously carried on a roll call vote.
The City Council recessed at 8:17 p.m.
The City Council reconvened at 8:27 p.m.
1.D. GENERAL PLAN AMENDMENT AND PLANNED DEVELOPMENT
DISTRICT FOR THE REDEVELOPMENT OF THE EXISTING PALM
MOUNTAIN RESORT AND SPA, ON AN APPROXIMATE 2,77 ACRE
SITE, LOCATED AT 155 SOUTH BELARDO ROAD, CASES 5.1162-
GPA AND PD-342:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated April 2, 2008.
Councilmember Hutcheson requested City staff address the number of
parking spaces required.
Mayor Pro Tem Foat requested staff address the VIP parking area.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
TIM ELLIS, Applicant Palm Mountain Resort, outlined the previous
revisions to the landscaping and parking plan requested by the City
Council at the prior hearing, and summarized the development process.
WESLEY COLE, Palm Springs, spoke in support of the project.
JIM TURNEY, read a letter from the Palm Springs Economic Development
Corporation, in support of the project.
DANA STEWART, Palm Springs, stated the project is too dense and does
not provide enough parking, and spoke in opposition to the project.
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GIGI TRIEBER, Palm Springs, commented on lack of parking, and spoke
in opposition to the project.
CRAIG BLAU, commented on in-lieu parking, the calculation of parking
spaces and the offsite parking.
JONO HILDNER, Palm Springs, commented on the height requirements,
and requested the City Council send the project back to comply with the
height requirements.
CHARLES SACHS, Palm Springs, commented on the lack of parking.
JOHN PRVINSKI, stated the Chamber of Commerce is in support of the
project and commented on parking.
THERESE HAYES, Palm Springs, commented on the lack of parking in
the Downtown area, and requested the City Council not approve the
project as presented.
FRANK TYSEN, Palm Springs, commented on the Palm Mountain parking
deficit, and spoke in opposition to the project.
TIM ELLIS, Applicant Rebuttal, commented on the parking in the
Downtown area.
No further speakers coming forward, the public hearing was closed.
Mayor Pougnet requested staff address the location of the 40 new spaces.
Mayor Pro Tem Foat commented on the need for new hotel stock in the
Downtown area, lack of parking in the area, the reduction of public street
parking, the height of the project, and the number of proposed rooms.
Councilmember Mills requested staff address the existing building
footprint, commented on the parking and density, and expressed concerns
about the site plan.
Councilmember Hutcheson commented on the constant changes with
respect to the number of parking spaces needed, the lack of parking in the
Downtown, the fairness to other property owners and hotel owners in the
area, and stated the project needs further study.
Councilmember Weigel commented on the previous public hearing and
the City Council requests, and spoke in support of the project.
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Mayor Pro Tern Foat stated the project needs to be returned to the
Planning Commission.
MOTION: Continue the public hearing and direct staff to work with the
Applicant to address the concerns of the City Council. Motion
Councilmember Weigel, failed for lack of a second.
Mayor Pougnet commented on the project parking and the lack of parking
in the Downtown area, and stated the site has density issues.
ACTION: Refer the project back to AAC and the Planning Commission for
further review. Motion Councilmember Weigel, seconded by
Councilmember Hutcheson and carried 4-1 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills, Mayor
Pro Tem Foat, and Mayor Pougnet.
NOES: Councilmember Weigel.
Councilmember Mills stated he has a business related conflict of interest with
respect to Item 1.E., would not participate in the discussion or the vote, and left
Council Chamber.
1.E. REQUEST BY D. W. JOHNSTON TO AMEND THE FINAL CONDITIONS
OF APPROVAL RELATING TO STREET IMPROVEMENTS OF A
PREVIOUSLY APPROVED FIVE-LOT TENTATIVE TRACT MAP 31422-
A, LOCATED AT 2630 ANZA TRAIL:
ACTION: 1) Continue the Public Hearing to May 21, 2008, with no public
testimony; and 2) Direct the City Clerk to post a Notice of Continuance.
Motion Councilmember Hutcheson, seconded by Councilmember
Weigel and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor
Pro Tern Foat, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
Councilmember Mills returned to the dais.
PUBLIC COMMENT:
DANA STEWART, Palm Springs, commented on boulder blasting, and stated the City
needs to change the development and process in the City.
PATRICK WILLIAMS, Desert Hot Springs Police Chief, thanked the City Council for the
grant to the Police Activities League.
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April 2, 2008
Page 9
TRACY TURNER, Palm Springs, commented on recent problems at the Veteran's for
Peace demonstration.
FRANCIS MILLER, commented on recent problems at the Veteran's for Peace
demonstration.
TOM SWANN commented on recent problems at the Veteran's for Peace
demonstration.
MARY ANN VERON, commented on recent problems at the Veteran's for Peace
demonstration.
CAROLE SCHAUDT, commented on recent problems at the Veteran's for Peace
demonstration.
DAVID GALLEGO, Palm Springs, commented on recent problems at the Veteran's for
Peace demonstration.
CHARLES SACHS, Palm Springs, commented on the recent removal of trees at the
Casa De Oro condominium complex.
ACTION: Continue past the 10:00 p.m_ tentative adjournment time. Motion Mayor
Pougnet, seconded by Mayor Pro Tern Foat and unanimously carried.
DONNA BUCKINGER, Palm Springs, commented on the lack of maintenance at the
Palm Springs Country Club.
RON WILLISON, Library Board of Trustees, commented on Item 5.A., and requested
the City Council consider the funding request for the expansion of the Palm Springs
Library.
DOUG WASHBURN, Palm Springs, commented on the Palm Mountain public hearing
process and sustainable development.
BILL RANSOM, commented on Item 2.E., and requested the City Council waive the
Noise Ordinance for the annual White Party.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested the City Attorney address the issues at Palm Springs Country
Club.
Mayor Pro Tern Foat commented on recent problems at the Veteran's for Peace
demonstration.
CITY MANAGER'S REPORT: None.
City Council Minutes
April 2, 2008
Page 10
The City Council recessed at 10:10 P.M. as the City of Palm Springs Community
Redevelopment Agency.
The City of Palm Springs Community Redevelopment Agency adjourned at 10:11 P.M.
and the City Council reconvened.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.G., 2.H., 21., 2.M. Motion
Mayor Pro Tem Foat, seconded by Councilmember Hutcheson 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 April 2, 2008, City
Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of March 19, 2008. Approved
as part of the Consent Calendar, noting the abstention of
Councilmember Mills.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22197, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANT
NUMBERED 1026964 IN THE AMOUNT OF $8,960.00 DRAWN ON
BANK OF AMERICA;" 2) Adopt Resolution No. 22198, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR
THE PERIOD ENDED 3-8-08, BY WARRANTS NUMBERED 413147
THROUGH 413200 TOTALING $82,813.87, LIABILITY CHECKS
NUMBERED 1026965 THROUGH 1026986 TOTALING $143,968.30,
THREE WIRE TRANSFERS FOR $62,100.83 AND THREE
ELECTRONIC ACH DEBITS OF $1,091,947.14, IN THE AGGREGATE
AMOUNT OF $1,380,830.14 DRAWN ON BANK OF AMERICA;" and 3)
Adopt Resolution No. 22199, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED
1026987 THROUGH 1027247 IN THE AGGREGATE AMOUNT OF
$2,231,609.41 DRAWN ON BANK OF AMERICA." Approved as part of
the Consent Calendar.
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April 2, 2008
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2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1729, RELATING TO THE ESTABLISHMENT OF LAND USE
REGULATIONS FOR CONDOMINIUM HOTEL PROJECTS:
ACTION: Waive further reading and adopt Ordinance No. 1729, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
SECTION 93.15.10 TO, AND AMENDING SECTION 91.00.10 OF, THE
PALM SPRINGS ZONING CODE, RELATING TO THE ESTABLISHMENT
OF LAND USE REGULATIONS FOR CONDOMINIUM HOTEL
PROJECTS." Approved as part of the Consent Calendar.
2.G. TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT
NO, A5246, FOR TRACT MAP 33561, WITH P.S. VENTURE INDIAN
CANYON/SAN RAFAEL, LLC:
ACTION: Approve a one-year extension of time for the completion of
improvements associated with Subdivision Improvement Agreement No.
A5246, for Tract Map 33561, with P.S. Venture Indian Canyon/San Rafael,
LLC. A5246. Approved as part of the Consent Calendar, noting the
business related abstention of Councilmember Mills.
2.11. TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT
NO. A5276, FOR TRACT MAP 32675, WITH CONTEMPO COUNTRY
CLUB ESTATES, LLC:
ACTION: Approve a one-year extension of time for the completion of
improvements associated with Subdivision Improvement Agreement No.
A5276, for Tract Map 32675, with Contempo Country Club Estates, LLC.
A5276. Approved as part of the Consent Calendar, noting the
business related abstention of Councilmember Mills.
2.L. SET INTEREST RATES ON THE PROMISSORY NOTES ON THE SALE
OF THE CONVENTION CENTER PARKING LOT AND FRANCES
STEVENS PARK:
ACTION: Set the interest rates on the promissory notes (approved by
Resolution No. 22106) for the sale of the Convention Center North Parking
Lot and Frances Stevens Park at 10% for Fiscal Year 2008 09. Approved
as part of the Consent Calendar, noting the business related
abstention of Councilmember Mills.
2.M. THREE COOPERATIVE AGREEMENTS WITH RIVERSIDE COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT:
ACTION: 1) Approve a Cooperative Agreement with the Riverside County
Flood Control and Water Conservation District, associated with the
construction, operation, and maintenance of flood control improvements
identified as "Palm Springs Lateral 6A and Lateral 4", Project No. 6-0-
00223; 2) Approve a Cooperative Agreement with the Riverside County
Flood Control and Water Conservation District, associated with the
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April 2, 2008
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construction, operation, and maintenance of flood control improvements
identified as "Palm Springs Line 8 and Lateral 8A", Project No. 6-0-00302
and 6-0-00226; 3) Approve a Cooperative Agreement with the Riverside
County Flood Control and Water Conservation District, associated with the
construction, operation, and maintenance of flood control improvements
identified as 'Palm Springs Laterals 20C and 20CA", Project No. 6-0-
00224; and 4) Authorize the City Manager to execute all necessary
documents. A5649. A5650. A5651. Approved as part of the Consent
Calendar.
EXCLUDED CONSENT CALENDAR:
2.E. SUSPENSION OF NOISE ORDINANCE (CHAPTER 11.74.00), NOISE
NUISANCE ORDINANCE (CHAPTER 11.08.040), SIGN ORDINANCE
(CHAPTER 93.20.00), AND DANCES (CHAPTER 5.12), AND APPROVE A
CARNIVAL, ON APRIL 18, 19, AND 20, 2008, TO FACILITATE THE PLANNED
EVENTS FOR THE WHITE PARTY LOCATED AT 888 EAST TAHQUITZ
CANYON WAY, 277 NORTH AVENIDA CABALLEROS, AND 444 E. ARENAS
ROAD FOR JEFFERY SANKER ENTERTAINMENT:
Councilmember Mills requested staff address the fireworks display, and stated
his general support for the event, but could not support the request on Arenas
Road due to the proximity and disruption to the neighborhood.
Mayor Pougnet stated the attendance for this event is in decline and requested
the number of hotel rooms referenced in the resolution be deleted.
Councilmember Weigel expressed concerns with respect to the effect to the
neighborhoods, and the applicability of State Law regarding disturbing the peace.
ACTION: Adopt Resolution No. 22200, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING
THE NOISE ORDINANCE (CHAPTER 11.74.00), NOISE NUISANCE
ORDINANCE (CHAPTER 11,08.040), SIGN ORDINANCE (CHAPTER 93.20.00),
AND DANCES (CHAPTER 5.12), AND APPROVE A CARNIVAL ON APRIL 18,
19, AND 20 2008, TO FACILITATE THE PLANNED EVENTS FOR THE WHITE
PARTY LOCATED AT 888 EAST TAHQUITZ CANYON WAY, AND 277 NORTH
AVENIDA CABALLEROS," deleting the reference to the number of hotel
bookings. Motion Mayor Pro Tern Foat, seconded by Councilmember Mills
and carried 4-1 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern
Foat, and Mayor Pougnet.
NOES: Councilmember Weigel.
City Council Minutes
April 2, 2008
Page 13
ACTION: Adopt Resolution No. 22201, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING
THE NOISE ORDINANCE (CHAPTER 11.74.00), NOISE NUISANCE
ORDINANCE (CHAPTER 11.08.040), SIGN ORDINANCE (CHAPTER 93.20.00),
AND DANCES (CHAPTER 5.12), AND APPROVE A CARNIVAL ON APRIL 18,
19, AND 20 2008, TO FACILITATE THE PLANNED EVENTS FOR THE WHITE
PARTY LOCATED AT 444 E. ARENAS ROAD," deleting the reference to the
number of hotel bookings. Motion Mayor Pougnet, seconded by
Councilmember Hutcheson and carried 3-2 on a roll call vote.
AYES: Councilmember Hutcheson, Mayor Pro Tern Foat, and Mayor
Pougnet.
NOES: Councilmember Mills and Councilmember Weigel.
2.F. AWARD THE CONTRACT FOR THE FISCAL YEAR 2007-08 ANNUAL
SLURRY SEAL PROJECT TO BOND BLACKTOP INC., IN THE AMOUNT OF
$687,452.15, CITY PROJECT 07-18:
Councilmember Mills requested staff address the traffic calming on Toledo.
Councilmember Hutcheson requested staff outline the next steps with respect to
the Toledo improvements.
ACTION: 1) Approve an agreement with Bond Blacktop, Inc., for Alternative Bid
Schedule A, Alternative Bid Schedule B, Alternative Bid Schedule C, Alternative
Bid Schedule D, Alternative Bid Schedule E, and Alternative Bid Schedule F, for
the Fiscal Year 2007-08 Annual Slurry Seal Project, in the amount of
$687,452.15, City Project 07-18;" and 2) Authorize the City Manager to execute
all necessary documents. A5648. Motion Mayor Pro Tem Foat, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
2.1. TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT A5426,
FOR TRACT MAP 32732, WITH 111/CAMINO REAL:
Councilmember Mills requested this Item be continued for two-weeks due to
concern with the installed wall.
ACTION: 1) Approve a two-week extension of time for the completion of
improvements associated with Subdivision Improvement Agreement No. A5426,
for Tract Map 32732, with 111/Camino Real, LLC.; and 2) Direct staff to place a
further extension on the April 16, 2008, Agenda for discussion and action. A5426.
Motion Councilmember Mills, seconded by Mayor Pougnet and
unanimously carried on a roll call vote.
Councilmember Mills stated he has a business related conflict of interest with respect to
Item 2.J., would not participate in the discussion or the vote, and left Council Chamber.
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2.J, TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT NO.
A5324, FOR TRACT MAP 33933, WITH P.S. AVENIDA CABALLEROS/SAN
RAFAEL, LLC:
Mayor Pro Tem Foat requested the extension be limited to one-year.
ACTION: Approve a one-year extension of time for the completion of
improvements associated with Subdivision Improvement Agreement No. A5324,
for Tract Map 33933, with P.S. Avenida Caballeros/San Rafael, LLC. A5324.
Motion Mayor Pro Tem Foat, seconded by Councilmember Hutcheson and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor Pro
Tem Foat, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
Councilmember Mills returned to the dais.
2.K. TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT NOS.
A5086, A5087, A5088, AND A5089 FOR TRACT MAP 32233-1, 32233-2,
32233-3, AND 32233-4, WITH PALM SPRINGS CLASSIC, LLC:
Councilmember Mills questioned if additional restrictions could be placed on the
agreement, with respect to the golf course.
ACTION: Approve a one-year extension of time for the completion of
improvements associated with Subdivision Improvement Agreement Nos. A5086,
A5087, A5088, and A5089, for Tract Map No. 32233-1, 32233-2, 32233-3, and
32233-4, with Palm Springs Classic, LLC. A5086. A5087. A5088. A5089. Motion
Mayor Pro Tem Foat, seconded by Councilmember Mills and unanimously
carried on a roll call vote.
Councilmember Mills stated his has a business related conflict of interest with respect to
Item 2.N., would not participate in the discussion or the vote, and left Council Chamber.
2.N. REQUEST BY NEXUS DEVELOPMENT FOR A ONE-YEAR TIME EXTENSION
FOR TENTATIVE TRACT MAP 34165, A SUBDIVISION TO CONSTRUCT AN
84-UNIT CONDOMINIUM COMPLEX, A CLUBHOUSE AND RECREATION
AREAS, LOCATED AT THE SOUTHEAST CORNER OF AVENIDA
CABALLEROS AND ALEJO ROAD:
Mayor Pougnet requested staff address the temporary fencing.
City Council Minutes
April 2, 2008
Page 15
ACTION: Adopt Resolution No. 22202, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A
ONE-YEAR TIME EXTENSION FROM APRIL 19, 2008, TO APRIL 18, 2009,
FOR CASE NO. TTM 34165, A SUBDIVISION TO CONSTRUCT AN 84-UNIT
CONDOMINIUM COMPLEX, A CLUBHOUSE AND RECREATION AREAS
LOCATED AT THE SOUTHEAST CORNER OF AVENIDA CABALLEROS AND
ALEJO ROAD, ZONE HR AND MBR, SECTION 14." Motion Mayor Pougnet,
seconded by Councilmember Weigel and unanimously carried 4-0 on a roll
call vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor Pro
Tem Foat, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
Councilmember Mills returned to the dais.
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE TO ESTABLISH THE PRIMA FACIE SPEED
LIMITS OF KIRK DOUGLAS WAY:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated April 2, 2008.
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. 1740,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 12.20.020 OF THE PALM SPRINGS MUNICIPAL
CODE, RELATING TO THE ESTABLISHMENT OF PRIMA FACIE
SPEED LIMITS OF VARIOUS CITY STREETS." Motion Councilmember
Weigel, seconded by Councilmember Mills and unanimously carried
on a roll call vote.
3.B. VACATING, RESCINDING, REPEALING, AND OTHERWISE SETTING
ASIDE APPROVAL OF ORDINANCE NOS. 1657 AND 1658,
RESOLUTION NOS, 20993, 20995, AND 20996, RELATING TO THE
2004 PALM HILLS DEVELOPMENT PROJECT:
ACTION: 1) Waive the reading of the ordinance text in its entirety and
read by title only; 2) Adopt Ordinance No. 1741, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING,
RESCINDING, REPEALING AND OTHERWISE SETTING ASIDE
APPROVAL OF ORDINANCE NOS. 1657 AND 1658 RELATING TO THE
PALM HILLS PROJECT;" and 3) Adopt Resolution No. 22203, "A
RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA,
VACATING, RESCINDING, AND OTHERWISE SETTING ASIDE
APPROVAL OF RESOLUTION NOS. 20993, 20995, AND 20996
City Council Minutes
April 2, 2008
Page 16
RELATING TO THE PALM HILLS PROJECT." Motion Mayor Pro Tom
Foat, seconded by Councilmember Mills and unanimously carried on
a roll call vote.
4, UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. REQUEST FROM THE BOARD OF LIBRARY TRUSTEES
RECOMMENDING THE CITY COUNCIL DESIGNATE FUNDS OF THE
AGENCY TAX ALLOCATION BONDS FOR THE LIBRARY REMODEL
AND EXPANSION AND APPOINT A CITY COUNCIL SUBCOMMITTEE
FOR THE LIBRARY RENOVATION:
ACTION: 1) Receive and file the Resolution of the Board of Library
Trustees; 2) Appoint Councilmember Mills and Councilmember Weigel to
a City Council Subcommittee as Liaisons to the Library Board for the
renovation project; and 3) Direct the City Council Subcommittee to meet
with the Library Board to discuss the request. Motion Mayor Pro Tom
Foat, seconded by Councilmember Mills and unanimously carried on
a roll call vote.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None.
ADJOURNMENT: The City Council adjourned at 10:46 p.m. to a Regular Meeting,
Wednesday, April 16, 2008, at 6:00 P.M. in the Council Chamber, City Hall, preceded
by a Closed Session at 5:00 P.M., Small Conference Room, City Hall, 3200 East
Tahquitz Canyon Way, Palm Springs. No Study Session will be held on April 9, 2008.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
16T" DAY OF APRIL, 2008.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK