HomeMy WebLinkAbout2008-03-12 CC MINUTES CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
MINUTES
WEDNESDAY, MARCH 12, 2008
City Hall Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:01 p.m.
PLEDGE OF ALLEGIANCE: Mayor Pougnet led the Pledge.
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:
City Manager Ready announced the activities at the recent United Way fundraising
event.
Mayor Pougnet commented on the recent event for children at St. Theresa School.
City Manager Ready announced the Rededication at the Stroke Recovery Center, and
reported that the City through CDBG funding, totaling more that $80,000, assisted in the
improvement of the parking lot for the physically challenged and new HVAC systems.
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 as contained on the posted Closed Session Agenda. No reportable
actions were taken.
ACCEPTANCE OF THE AGENDA:
Mayor Pougnet noted his abstention on Consent Calendar Item 2.M.
Councilmember Hutcheson requested Item 2.J. be removed from the Consent Calendar
for separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Hutcheson,
seconded by Councilmember Weigel and unanimously carried on a roll call vote.
City Council Minutes
March 12, 2008
Page 2
PUBLIC COMMENT:
AL SMOOT, Palm Springs, announced the upcoming Rotary Club Auto Show annual
fundraiser.
DANIEL HOGAN, Palm Springs, commented on Item 1.A. and requested the City
Council deny the project.
MARJORIE AIKENS, Palm Springs, commented on Item I.A. and requested the City
Council deny the project.
TOM WARRICK, Palm Springs, commented on Item 1.A. and requested the City
Council deny the project.
EARL ROSE, Palm Springs, commented on Item 1.A. and requested the City Council
deny the project.
JOHN HARRELL, Palm Springs, commented on Item 1_A. and requested the City
Council deny the project.
LON McCAIN, Palm Springs, commented on Item 1.A. and requested the City Council
deny the project.
FIROOZA McCAIN, Palm Springs, commented on Item 1.A. and requested the City
Council deny the project.
NANCY CAMPBELL, Palm Springs, commented on Item 5.A., and requested the City
Council approve desert landscaping.
RENE HERSEY, Palm Springs, commented on Item 5.A., and requested the City
Council approve sustainable desert landscaping.
KYLE HUSFLOEN, Palm Springs, commented on Item 5.A., and requested the City
Council approve desert landscaping.
DAVID DIXON, Palm Springs, commented on Item S.A., and requested the City Council
approve desert landscaping.
MARY BRENT WEHRLI, commented on Item 5.A., and requested the City Council
approve desert landscaping.
SUNNY NELSON, Palm Springs, commented on Item 5.A., and requested the City
Council approve desert landscaping.
City Council Minutes
March 12, 2008
Page 3
JOY MEREDITH, Palm Springs, representing MainStreet, commented on Item SS2.,
and requested the City Council regulate long term vacancies in the Downtown area, and
to reduce the allowable size of real estate signs.
SHARON HEIDER, announced the upcoming VillageFest 17th anniversary activities_
STEVEN VAN, commented on Item 1.A., and requested the City Council approve the
project.
COUNCILMEMBER COMMENTS: None.
CITY MANAGER'S REPORT: None.
SS. STUDY SESSION:
SS1. UPDATE FROM THE PALM SPRINGS DESERT RESORT
COMMUNITIES CONVENTION AND VISITORS AUTHORITY:
Jeff Beckelman, President, Palm Springs Desert Resort Convention and
Visitors Authority, provided the City Council with an update of the activities
of the CVA and presented a video and a slide presentation.
Councilmember Hutcheson requested CVA staff address specific goals
such as room nights booked, room night leads, and tour operator contacts
and leads.
Councilmember Weigel requested CVA staff address the process of
obtaining additional private funding through a Business Improvement
District,
Mayor Pro Tern Foat requested CVA staff address seasonal fluctuations in
relation to CVA goals and programs, and questioned if the CVA is
developing a plan for the anticipated weakened economy.
Councilmember Mills requested CVA staff address a website user
session, and commented on industry partners to the CVA.
No action taken.
SS2. VACANT BUILDINGS AND PROPERTY DISCUSSION OF
STRATEGIES, SANCTIONS, AND ORDINANCE PROVISIONS:
City Manager Ready, City Attorney Holland, and Tom Wilson, Assistant
City Manager, provided background information on vacant buildings in the
City, as outlined in the memo dated March 12, 2008.
City Council Minutes
March 12, 2008
Page 4
Councilmember Weigel requested staff address a requirement that
lenders address foreclosed properties, temporary fencing enforcement,
Code Enforcement staffing, and violation as a public nuisance.
Councilmember Hutcheson stated his support for the Items contained in
the City Manager Memorandum, and that staff should proceed,
commented on the properties that have been vacant for a number of years
and economic incentives, and requested staff further study temporary
tenants, progressively increasing the monitoring fees, and developing a
menu of options for developers during the construction/demolition.
Mayor Pro Tem Foat stated her support of the programs mentioned by
Councilmember Hutcheson, commented on color and need for temporary
fencing, maintenance of property under construction, recommended staff
look at other creative ideas during the construction of projects, and capital
improvements/grants for facade improvements.
Councilmember Mills stated the City needs to start the abatement on
violators that are not complying earlier, requested staff address
foreclosure ordinances, requested staff address the monitoring fee, add
maintenance of landscaping, amount of fines, commented on the blending
of fencing, stated his support for a permit for temporary fences,
commented that a monitoring fee should not be imposed if a property
owner is in compliance, and requested staff address posting of notice on
vacant property.
Mayor Pougnet commented on temporary fencing, removal of some
temporary fencing at some point during the development, and stated his
support of the Items as outlined by staff.
No action taken.
1. PUBLIC HEARINGS:
1.A. APPEAL THE DECISION OF THE PLANNING COMMISSION TO DENY
A NEW SINGLE FAMILY DWELLING ON A HILLSIDE SITE AT 350 EL
PORTAL ROAD, BY STEVEN VAN, CASE NOS. 3.2999 AND 7.1215:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated March 12, 2008.
Mayor Pougnet stated he was not present for the public hearing on March
5, 2008, but had thoroughly reviewed the materials, written testimony,
watched the public hearing, and reviewed the oral testimony at the public
hearing.
City Council Minutes
March 12, 2008
Page 5
Mayor Pro Tern Foat requested staff address the information provided with
respect to the Analysis of Density and Scale, presented by the public
during the Planning Commission hearings.
Councilmember Hutcheson commented on the scale and the
neighborhood.
Councilmember Mills commented on the existing driveway, compared the
lot and the proposed project with the existing neighborhood, requested
staff address if the request gives the Applicant any special rights not
provided to others in the area, and stated the project meets the standards
in the Zoning Code.
Councilmember Weigel requested staff address the right-of-zone
component, the Minor Modification request, the allowable percentage of
structure, compared the proposed project to the surrounding
neighborhood.
Councilmember Mills clarified that this project is a Minor Modification and
meets the standards of the Code.
Mayor Pougnet stated the lot is designated as a hillside lot, and the City
should review all the hillside lots, the tough standards to build on a hillside
lot, and commented on the balance the City Council needs resolve with
respect to its discretionary judgment.
ACTION: Adopt Resolution No. 22185, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND
DENYING A PROPOSED TWO-STORY SINGLE FAMILY RESIDENCE
BY STEVEN VAN, CASE NOS. 3.2999 SFR AND 7.1215 AMM." Motion
Councilmember Hutcheson, seconded by Mayor Pro Tem Foat 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.
The City Council recessed at 7:48 p.m.
The City Council reconvened at 8:00 p.m.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.1., 2.K.,
2.L., and 2.M. Motion Councilmember Mills, seconded by Councilmember
Weigel and unanimously carried on a roll call vote.
City Council Minutes
March 12, 2008
Page 6
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the February 13,
2008, City Council Agenda. Approved as part of the Consent Calendar.
2.13. STAFF AUTHORIZED AGREEMENTS FOR FEBRUARY 1 THROUGH
FEBRUARY 29, 2008:
ACTION: Receive and file the Staff Authorized Agreements covering the
period February 1 through February 29, 2008. Approved as part of the
Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: Adopt Resolution No. 22186, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL, WARRANTS FOR THE PERIOD
ENDED 2-23-08 BY WARRANTS NUMBERED 413097 THROUGH
413146 TOTALING $92,369.91, LIABILITY CHECKS NUMBERED
1026687 THROUGH 1026688 TOTALING $503.21, AND THREE
ELECTRONIC ACH DEBITS OF $1,291,216.75, IN THE AGGREGATE
AMOUNT OF $1,384,089.87, DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar.
2.D. OPPOSE THE STATE OF CALIFORNIA'S PROPOSAL FOR THE
EARLY RELEASE OF INMATES FROM THE STATE'S PRISONS:
ACTION: Adopt Resolution No. 22187, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN
OPPOSITION TO THE PROPOSAL FOR THE EARLY RELEASE OF
INMATES FROM THE STATE'S PRISONS." Approved as part of the
Consent Calendar.
2.E. RATIFY AND APPOINT THE NOMINATION OF THE COUNTY OF
RIVERSIDE TO THE PALM SPRINGS INTERNATIONAL AIRPORT
COMMISSION FOR AN UNEXPIRED TERM ENDING JUNE 30, 2011:
ACTION: Appoint Art Block, as the County of Riverside representative, to
the Palm Springs International Airport Commission for the unexpired term
ending June 30, 2011. Approved as part of the Consent Calendar.
2.F. ACCEPT WITH REGRET THE RESIGNATION OF HAROLD "BUD"
RILEY FROM THE HISTORIC SITE PRESERVATION BOARD:
ACTION: 1) Accept with regret the resignation of Harold "Bud" Riley; 2)
Direct the City Clerk to post a Notice of Vacancy for the unexpired term
ending June 30, 2010. Approved as part of the Consent Calendar.
City Council Minutes
March 12, 2008
Page 7
2.G. ACCEPT WITH REGRET THE RESIGNATION OF DENISE JACOBS
FROM THE VILLAGEF'EST BOARD:
ACTION: 1) Accept with regret the resignation of Denise Jacobs; 2) Direct
the City Clerk to post a Notice of Vacancy for the unexpired term ending
June 30, 2009. Approved as part of the Consent Calendar.
2.H. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1737, ADDING CHAPTER 5.78 TO THE PALM SPRINGS
MUNICIPAL CODE REQUIRING COMPLETION OF A COURSE ON
OVERSEEDING ALTERNATIVES AS A PREREQUISITE FOR
ISSUANCE AND RENEWAL OF A BUSINESS LICENSE TO CERTAIN
LANDSCAPE RELATED BUSINESSES:
ACTION: Waive further reading and adopt Ordinance No. 1737, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
CHAPTER 5.78 TO THE PALM SPRINGS MUNICIPAL CODE
REQUIRING COMPLETION OF A COURSE ON OVERSEEDING
ALTERNATIVES AS A PREREQUISITE FOR ISSUANCE AND
RENEWAL OF A BUSINESS LICENSE TO CERTAIN LANDSCAPE
RELATED BUSINESSES." Approved as part of the Consent Calendar.
2.1. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1739, REPEALING PALM SPRINGS ZONING CODE SECTIONS
93.17,00 TO 93.17.18, ADOPTING PALM SPRINGS MUNICIPAL CODE
SECTION 8.68 "FLOOD DAMAGE PREVENTION" AND AMENDING
SECTIONS 92.20.00, 92.20.01, AND 92.20.03 OF THE PALM SPRINGS
ZONING CODE TO REPLACE REFERENCES TO THE REPEALED
SECTIONS:
ACTION: 1) Waive the reading and adopt Ordinance No. 1739, "AN
ORDINANCE OF THE. CITY OF PALM SPRINGS, CALIFORNIA,
REPEALING SECTIONS 93.17.00 THROUGH 93.17.18 OF THE. PALM
SPRINGS ZONING CODE, ADOPTING CHAPTER 8.68 "FLOOD
DAMAGE PREVENTION" OF THE PALM SPRINGS MUNICIPAL CODE,
AND AMENDING SECTIONS 92.20.00, 92.20.01, AND 92.20.03 OF THE
PALM SPRINGS ZONING CODE TO REPLACE REFERENCES TO THE
REPEALED SECTIONS." Approved as part of the Consent Calendar.
2.K. PURCHASE, INSTALLATION, AND REPLACEMENT OF THE
EXTERIOR GLASS DOORS AT THE LIBRARY CENTER FROM MAGIK
GLASS & DOOR:
ACTION: Approve a purchase order with Magik Glass & Doors for the
purchase, installation, and replacement of the exterior glass doors at the
Library Center from Magik Glass & Door in the amount of $36,274.
Approved as part of the Consent Calendar.
City Council Minutes
March 12, 2008
Page 8
2.L. CONTRACT NEGOTIATIONS WITH GEORGE MIERS & ASSOCIATES
FOR ANIMAL SHELTER ARCHITECTURAL DESIGN TEAM SERVICES:
ACTION: Authorize staff to enter contract negotiations with George Miers
& Associates for Architectural Design Team Services for the new Animal
Shelter project. Approved as part of the Consent Calendar.
2.M. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of March 5, 2008. Noting the
abstention of Mayor Pougnet. Approved as part of the Consent
Calendar.
EXCLUDED CONSENT CALENDAR:
2.J. MEMORANDUM OF UNDERSTANDING WITH THE AGUA CALIENTE BAND
OF CAHUILLA INDIANS AND THE BUREAU OF INDIAN AFFAIRS
REGARDING THE INDIAN RESERVATION ROADS PROGRAM:
Councilmember Hutcheson requested staff address the number of streets on
reservation land, and stated his support for the MOU and additional funding that
may be generated for street improvements.
ACTION: 1) Approve the Memorandum of Understanding with the Agua Caliente
Band of Cahuilla Indians and the Bureau of Indian Affairs, regarding the Indian
Reservation Roads Program; and 2) Authorize the City Manager to execute all
necessary documents. A5629. Motion Mayor Pro Tern Foat, seconded by
Councilmember Weigel and unanimously carried on a roll call vote.
3. LEGISLATIVE:
4. NEW BUSINESS:
5. NEW BUSINESS:
5.A, APPEAL THE DECISION OF THE PLANNING COMMISSION TO
APPROVE WITH CONDITIONS AN APPLICATION BY THE PALM
SPRINGS INTERNATIONAL AIRPORT TO EXPAND AND MODIFY THE
AIRPORT TERMINAL AND INSTALL NEW LANDSCAPING, CASE NO.
3.829, MAJOR ARCHITECTURAL APPROVAL:
Craig Ewing, Director of Planning Services, and AI Smoot, City
Construction Consultant, provided background information as outlined in
the staff report dated March 12, 2008.
Councilmember Weigel requested staff address the redesign of the pond,
the plantings of birds of paradise and sago palms, and commented on the
grass and water features.
City Council Minutes
March 12, 2008
Page 9
Councilmember Hutcheson requested staff address the plants that the
Planning Commission and the AAC expressed concern, recommended
staff look at artificial grass.
Councilmember Mills requested staff address the approval of the AAC with
respect to the landscape plan, commented on the development of the
concept of the entire project by the Design Team, stated his opposition to
artificial grass, and suggested staff look at using reclaimed water_
Mayor Pro Tern Foat commented on the process with the Planning
Commission, commented on safety issues with ponds, stated her support
for the use of reclaimed water, current landscaping of the Tahquitz
Canyon, and stated her support for sustainable landscaping.
Councilmember Mills requested staff address the modifications to the
construction schedule.
Mayor Pro Tern Pougnet commented on the current landscape and the
need for sustainability.
ACTION: 1) Uphold the decision of the Planning Commission Resolution
No. 7111 and approve the project, subject to the Conditions of Approval
[Exhibit A to Planning Commission Resolution No. 7111], and return to the
AAC and the Planning Commission for landscape design; 2) Waive the
requirements of Palm Springs Municipal Code Section 7.03.040(a)
regarding the City Council approval of Plans and Specifications; and 3)
Authorize Staff to advertise and solicit bids. Motion Mayor Pro Tom
Foat, 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.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Hutcheson requested staff place on a future agenda a City Council
subcommittee on election related issues.
Councilmember Mills commented on the poor maintenance of the streetscape on the
east side of El Cielo, and the lack of maintenance at the City Golf Course by the Golf
Course Management Firm, requested staff inspect and issue a report with respect to
maintenance issues at the City Golf Course, and requested staff follow-up with weed
abatement at the ACE Hotel Development.
City Council Minutes
March 12, 2008
Page 10
Mayor Pougnet commented on the resignation of Bud Riley from the Historic Site
Preservation Board, and announced the upcoming anniversary activities at VillageFest.
Mayor Pro Tern Foat commented on the upcoming "Deal or No Deal" event at the Spa
Resort, and the upcoming St. Patrick's Day event in the City.
ADJOURNMENT: The City Council adjourned at 10:00 p.m. to a Regular Meeting,
Wednesday, March 19, 2008, at 6:00 P.M. in the Council Chamber, at City Hall, 3200
East Tahquitz Canyon Way, Palm Springs, preceded by a Closed Session at 6:00 p.m.,
Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
19XH DAY OF MARCH, 2008.
STEPHEN P. POUGN T, MAYOR
ATTEST:
?MES THOMPSON, CIT CLERK