HomeMy WebLinkAbout2008-03-05 CC MINUTES CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MINUTES
WEDNESDAY, MARCH 5, 2008
City Hall Council Chamber
CALL TO ORDER: Mayor Pro Tem Foat called the meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Reverend Kevin Johnson, Bloom in the Desert, led the Invocation.
PRESENTATIONS: None.
ROLL CALL:
PRESENT: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, and Mayor Pro Tem Foat.
ABSENT: Mayor Pougnet.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
REPORT OF CLOSED SESSION: City Attorney Holland stated at 5:00 p.m. the
meeting was called to order and the City Council recessed into Closed Session to
discuss the Items as contained on the Closed Session Agenda. No reportable Actions
were taken.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson noted Item 5.E. withdrawn from the Agenda.
Councilmember Hutcheson and Mayor Pro Tem Foat requested Item 2.H., be removed
from the Consent Calendar for separate discussion.
Councilmember Mills requested Item 2.M., 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 4-0 on a roll call
vote.
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, and Mayor Pro Tem Foat.
ABSENT: Mayor Pougnet.
City Council Minutes
March 5, 2008
Page 2
1. PUBLIC HEARINGS:
1.A. CONDITIONAL USE PERMIT 6,492 APPLICATION BY SPRINT
NEXTEL, TO INSTALL A 44 FOOT TALL COMMERCIAL
COMMUNICATION ANTENNA DESIGNED AS A MONOPOLE WITH
EQUIPMENT CABINETS AND A VARIANCE TO EXCEED THE 15
FOOT ANTENNA HEIGHT MAXIMUM LOCATED AT 505 EAST
INDUSTRIAL PLACE, CASE 5.1080-6,492 VAR:
David Newell, Associate Planner, provided background information as
outlined in the staff report dated March 5, 2008-
Mayor Pro Tern Foat opened the public hearing, and the following
speakers addressed the City Council.
VERONICA ARVIZU, Representing Sprint Nextel, provided background
information on the process and comments from the AAC request for a
Monopole, commented on the additional Palm Trees and the repaving of
the parking area, and requested the City Council approve the project.
JOAN MARTIN, Palm Springs, stated the project is very tall, requested a
monopalm and recommended adding Palm Trees near the installation.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills requested staff address the loss of parking spaces
and if the building for the use has sufficient parking, stated the City has
required screening and landscaping and requested a screen with
landscaping, and stated his support for a monopole, but requested
additional palm trees if the Council supports a monopalm-
Councilmember Hutcheson stated his support for a monopole, unless
additional palm trees are added for the monopalm.
Councilmember Weigel commented on the response to the Community
who are in favor of supporting the tower installation, and stated his support
for a monopole.
ACTION: Adopt Resolution No. 22165, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CONDITIONAL. USE PERMIT 5.1080 TO INSTALL A 44
FOOT TALL COMMERCIAL COMMUNICATION ANTENNA DESIGNED
AS A MONOPOLE WITH EQUIPMENT CABINETS AND A VARIANCE
TO EXCEED THE 15 FOOT ANTENNA HEIGHT MAXIMUM LOCATED
AT 505 EAST INDUSTRIAL PLACE," amending the Conditions of
Approval to require a landscape plan be provided and which includes
City Council Minutes
March 5, 2008
Page 3
required screening with additional landscaping as approved by Staff
Motion Councilmember Mills, seconded by Councilmember Weigel
and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills,
Councilmember Weigel, and Mayor Pro Tem Foat.
NOES: None,
ABSENT: Mayor Pougnet.
1.13. 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:
Edward Robertson, Principal Planner, provided background information as
outlined in the staff report dated March 5, 2008.
Mayor Pro Tern Foat opened the public hearing, and the following
speakers addressed the City Council.
STEVEN VAN, Applicant, provided a history of the previous project
denials, commented on the scaled down redesign of the project, and
requested the City Council reverse the decision of the Planning
Commission and approve the project.
DANIEL HOGAN, stated the project is too large for the neighborhood, the
second story is not a right of zone, and requested the City Council deny
the project.
EARL ROSE, Palm Springs, commented on the scope of the project with
the character of the neighborhood, stated the property is not a hillside lot,
and requested the City Council deny the project.
JANE McFEE, Palm Springs, stated her objections to the project, and the
current two-story homes in the area do not impact views, as this project
does.
FIROOCA McCAIN, Palm Springs, stated the lot is a flat lot and not a
hillside lot, and requested the City Council deny the project due to size
and character of the neighborhood.
JOHN HARRELL, commented on the proceedings before the AAC and the
Planning Commission, the neighborhood character, and requested the
City Council deny the project.
TOM WARRICK, commented on the letter he submitted and requested the
City Council deny the project.
City Council Minutes
March 5, 2008
Page 4
STEVEN VAN, Rebuttal, commented on the requirements of a hillside lot.
No further speakers coming forward, the public hearing was closed.
Councilmember Hutcheson stated the neighborhood feels the project is
out of scale and out of character, and stated the project is too large and
out of character.
Councilmember Mills requested staff address if they have determined this
lot as a hillside lot, questioned why the staff recommendation was to not
support the project, commented on the role of staff, questioned if staff
attended the neighborhood meeting, outlined the revisions to the proposed
development, requested staff address the privacy issue, questioned the
staff review of other two-story homes in the area, and requested staff
address if the development met all Zoning Code requirements.
Councilmember Weigel stated his concern for the process and the mixed
messages by the Commissions, Council and staff.
Mayor Pro Tem Foat requested staff address a "unique physical hardship"
and how such applies in this circumstance, thanked the neighborhood,
and commented on the criteria for the hillside lot, commented on the
responsibility to the Applicant and the time and funds that he has spent.
Councilmember Mills stated the Council should review the hillside lot
criteria, and stated one home is not going to change the neighborhood.
Councilmember Hutcheson commented on the preservation of the
neighborhood.
MOTION: Adopt Resolution "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 Tom Foat and
failed 2-2 on a roll call vote.
AYES: Councilmember Hutcheson and Mayor Pro Tom Foat.
NOES: Councilmember Mills and Councilmember Weigel.
ABSENT: Mayor Pougnet.
By Council Rule of Procedure, this Item to return before the entire City
Council on March 12, 2008, the City Clerk shall post a Notice of Continued
Public Hearing.
City Council Minutes
March 5, 2008
Page 5
PUBLIC COMMENT:
RON MARSHALL, Palm Springs, commented on Item 5.D., and requested the City
Council establish a neighborhood sign program.
JOHNNY MEZA, Dixieland Jazz Society, commented on the upcoming Desert Swing'n
Dixie Jazz Festival, and requested a waiver of City Park Fees for the event.
FRED BELL, Building Industry Association, thanked the City Council for participating in
the Desert Showcase of Homes.
FRAN McNEEL, Palm Springs, commented on Item 5.B., and requested the City
Council override the Riverside County Airport Land Use Commission finding of
inconsistency for the Desert Son-Shine Kindergarten.
JUDY SUMICH, Palm Springs, commented on Item 2.E., and stated her desire that the
City Council not require the education requirement.
MARVIN ROOS, commented on Item 5.B., and requested the City Council support the
Item.
COUNCILMEMBER COMMENTS:
Mayor Pro Tern Foat requested the City Manager and City Attorney address the
comments on Item 2.E. Landscape Related Businesses.
CITY MANAGER'S REPORT:
2. CONSENT CALENDAR:
Councilmember Mills requested Item 2.E., be removed from the Consent
Calendar for separate discussion.
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.1., 2.J., 2.K., 21., and
2.N. Motion Councilmember Hutcheson, seconded by Councilmember Mills
and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, and Mayor Pro Tern Foat.
NOES: None.
ABSENT: Mayor Pougnet.
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the March 5, 2008,
City Council Agenda. Approved as part of the Consent Calendar.
City Council Minutes
March 5, 2008
Page 6
2.6. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of February 20, 2008, and
February 27, 2008. Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22166, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1026468 THROUGH 1026476 IN THE AGGREGATE
AMOUNT OF $62,949.19 DRAWN ON BANK OF AMERICA;" and 2)
Adopt Resolution No. 22167, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 02-
09-08 BY WARRANTS NUMBERED 413043 THROUGH 413096
TOTALING $87,965.30, LIABILITY CHECKS NUMBERED 1026476
THROUGH 1026497 TOTALING $141,892.52, THREE WIRE
TRANSFERS FOR $59,371.99, AND THREE ELECTRONIC ACH
DEBITS OF $1,063,989.61, IN THE AGGREGATE AMOUNT OF
$1,353,219.42 DRAWN ON BANK OF AMERICA." Approved as part of
the Consent Calendar.
2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1738, AMENDING SUBSECTIONS (c) AND (d) OF SECTION
3.37.040 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
PUBLIC ARTS FUND PERMISSIBLE EXPENDITURES:
ACTION: Waive further reading and adopt Ordinance No. 1738, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SUBSECTIONS (c) AND (d) OF SECTION 3.37.040 OF THE
PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC ARTS
FUND PERMISSIBLE EXPENDITURES." Approved as part of the
Consent Calendar.
2.F. SUMMARY VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY
AND PUBLIC SEWER EASEMENTS WITHIN TRACT MAP 30046, FILE
R-07-34:
ACTION: Adopt Resolution No. 22168, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
SUMMARILY VACATING AND ABANDONING ALL ITS RIGHT, TITLE
AND INTERESTS TO A PORTION OF PUBLIC RIGHT-OF-WAY FOR
BOGERT TRAIL, AND PORTIONS OF PUBLIC SEWER EASEMENTS
LOCATED WITHIN TRACT MAP 30046, IN SECTION 35, TOWNSHIP 4
SOUTH, RANGE 4 EAST, FILE R-07-34." Approved as part of the
Consent Calendar.
City Council Minutes
March 5, 2008
Page 7
2.G. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) STORMWATER DISCHARGE PERMIT IMPLEMENTATION
AGREEMENT:
ACTION: 1) Terminate Agreement No. A3846, approved September 3,
1997; 2) Terminate Agreement No. A4829, approved February 18, 2004;
3) Approve a Cooperative Agreement between the Riverside County Flood
Control and Water Conservation District (RCFC&WCD), the County of
Riverside (County), the Coachella Valley Water District (CVWD), and the
Cities of Banning, Cathedral City, Coachella, Desert Hot Springs, Indian
Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage
(Cities), for implementing the terms for compliance with the National
Pollutant Discharge Elimination System (NPDES) Municipal Separate
Storm Sewer System (MS4) Permit (NPDES Permit) issued by the
California Regional Water Quality Control Board - Colorado River Basin
Region (CRWQCB-CRB); and 4) Authorize the City Manager to execute
all necessary documents. A3846, A4829, and A5624. Approved as part
of the Consent Calendar.
2.1. AWARD OF CONTRACT FOR THE CIVIC DRIVE STREET
IMPROVEMENTS PROJECT, CITY PROJECT NO. 07-10:
ACTION: 1) Approve an agreement with B & T Works, Inc, in the amount
of $93,860.00, for the Civic Drive Street Improvements Project, a Fiscal
Year 2007-08 CDBG Project, City Project No. 07-10; and 2) Authorize the
City Manager to execute all necessary documents. A5625. Approved as
part of the Consent Calendar.
2.J. AIRPORT IMPROVEMENT PROJECT FEDERAL GRANTS IN AN
AMOUNT NOT TO EXCEED $4,000,000 TO IMPROVE / MODIFY /
REHAB TERMINAL COMPLEX AND IN AN AMOUNT NOT TO EXCEED
$6,000,000 TO REHABILITATE RUNWAY 13L-31R, TAXIWAY E AND
CROSS CONNECTORS B, D, F, H AND J:
ACTION: 1) Authorize the City Manager to accept Federal Aviation
Administration (FAA) Grant Nos. 3-06-0181-43 and 3-06-0181-44 in an
amount not to exceed $4,000,000 to improve / modify / rehab Terminal
Complex (multi-year grant) and in an amount not to exceed $6,000,000 to
rehabilitate Runway 131L-31 R, Taxiway E and Cross Connectors B, D, F, H
and J; 2) Adopt Resolution No. 22179, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR FISCAL YEAR 2007-08;" and 3) Authorize the City
Manager to execute all necessary documents. A5626. Approved as part
of the Consent Calendar.
City Council Minutes
March 5, 2008
Page 8
2.K. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF PALM
DESERT TO THE PALM SPRINGS INTERNATIONAL AIRPORT
COMMISSION FOR AN UNEXPIRED TERM ENDING JUNE 30, 2009;
ACTION: Appoint Rolf Hoehn, as the City of Palm Desert representative,
to the Palm Springs International Airport Commission for the unexpired
term ending June 30, 2009. Approved as part of the Consent Calendar.
2.L. ONE-YEAR TIME EXTENSION FOR TTM 28668 A SIX-LOT
RESIDENTIAL TRACT MAP, LOCATED WEST OF ROSE AVENUE AT
CORONADO AVENUE, REQUESTED BY MAX PALEVSKY:
ACTION: Adopt Resolution No. 22180, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A ONE-YEAR TIME EXTENSION FOR TTM 28668 FROM
MARCH 16, 2008, TO MARCH 15, 2009, FOR A SIX-LOT RESIDENTIAL
TRACT MAP, LOCATED WEST OF ROSE AVENUE AT CORONADO
AVENUE, ZONED R-1-A, SECTION 10." Approved as part of the
Consent Calendar.
2.N. ONE-YEAR TIME EXTENSION FOR TTM 33341 AND A ONE-YEAR
TIME EXTENSION FOR PD 232, TO SUBDIVIDE 24 ACRES AND TO
CONSTRUCT 156 RESIDENTIAL CONDOMINIUM UNITS LOCATED AT
2705 EAST TAHQUITZ CANYON WAY, REQUESTED BY PALM
SPRINGS MODERN HOMES, CASE NO. 5.1046:
ACTION: Adopt Resolution No. 22182, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A ONE-YEAR TIME EXTENSION FROM MARCH 1, 2008,
TO FEBRUARY 28, 2009, FOR TTM 33341 AND PLANNED
DEVELOPMENT DISTRICT 232, A SUBDIVISION OF 24 ACRES FOR
THE CONSTRUCTION OF 156 RESIDENTIAL CONDOMINIUM UNITS
AT 2705 EAST TAHQUITZ CANYON WAY, ZONE PD 232, SECTION
13." Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.E. 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
LANDSCAPE RELATED BUSINESSES:
Councilmember Mills stated the ordinance should be limited to installation
and maintenance.
City Council Minutes
March 5, 2008
Page 9
ACTION: Re-introduce 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 COURSE ON OVERSEEDING ALTERNATIVE AS A PREREQUISITE
FOR ISSUANCE AND RENEWAL OF BUSINESS LICENSE TO
LANDSCAPE RELATED BUSINESSES," amending Section 5.78.020
removing the sale of nursery products and design. Motion
Councilmember Mills, seconded by Mayor Pro Tom Foat and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills,
Councilmember Weigel, and Mayor Pro Tem Foat.
NOES: None.
ABSENT: Mayor Pougnet.
2.H. VARIOUS CITYWIDF STREET LIGHTING AND PARKWAY
MAINTENANCE DISTRICTS, FISCAL YEAR 2008-09:
Councilmember Hutcheson requested staff address any potential safety
issues if District No. 1 is eliminated.
Councilmember Weigel requested staff address the process for an
additional Prop. 218 vote and proceedings for District No. 1.
ACTION: 1) Adopt Resolution No. 22169, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
AND APPROVING THE FINAL ENGINEER'S REPORT AND
IDENTIFYING THE DISSOLUTION AND ABANDONMENT OF PALM
SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 1;" 2)
Adopt Resolution No. 22170, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE
DISSOLUTION AND ABANDONMENT OF STREET LIGHTING
MAINTENANCE DISTRICT NO. 1 ("BELARDO ROAD AREA");" 3) Adopt
Resolution No. 22171, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND
APPROVING THE FINAL ENGINEER'S REPORT AND IDENTIFYING
THE DISSOLUTION AND ABANDONMENT OF PALM SPRINGS
STREET LIGHTING MAINTENANCE DISTRICT NO. 2;" 4) Adopt
Resolution No. 22172, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE
DISSOLUTION AND ABANDONMENT OF STREET LIGHTING
MAINTENANCE DISTRICT NO. 2 ("MCMANUS DRIVE");" 5) Adopt
Resolution No. 22173, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND
APPROVING THE FINAL ENGINEER'S REPORT AND IDENTIFYING
THE DISSOLUTION AND ABANDONMENT OF PALM SPRINGS
City Council Minutes
March 5, 2008
Page 10
STREET LIGHTING MAINTENANCE DISTRICT NO. 4;" 6) Adopt
Resolution No. 22174, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE
DISSOLUTION AND ABANDONMENT OF STREET LIGHTING
MAINTENANCE DISTRICT NO. 4 ("EAGLE WAY AREA");" 7) Adopt
Resolution No. 22175, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND
APPROVING THE FINAL ENGINEER'S REPORT AND IDENTIFYING
THE ā¯‘ISSOLUTION AND ABANDONMENT OF PALM SPRINGS
PARKWAY MAINTENANCE DISTRICT NO. 6B;" 8) Adopt Resolution No.
22176, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ORDERING THE DISSOLUTION AND
ABANDONMENT OF PARKWAY MAINTENANCE DISTRICT NO. 6B
("PARKSIDE ESTATES");" 9) Adopt Resolution No. 22177, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING THE FINAL ENGINEER'S
ANNUAL LEVY REPORT FOR FISCAL YEAR 2008-09 FOR THE PALM
SPRINGS PARKWAY MAINTENANCE DISTRICT N0. 7;" and 10) Adopt
Resolution No. 22178, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE
LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR
2008-09 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE
DISTRICT NO. 7 ("SUNRISE NORTE")." Motion Councilmember
Hutcheson, seconded by Councilmember Weigel and unanimously
carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills,
Councilmember Weigel, and Mayor Pro Tern Foat_
NOES: None.
ABSENT: Mayor Pougnet.
2.M. ONE-YEAR TIME EXTENSION FOR TTM 32826 / PD 303 TO
SUBDIVIDE 9.9 ACRES AND TO CONSTRUCT 58 RESIDENTIAL
CONDOMINIUM UNITS LOCATED AT 4455 MATTHEW DRIVE,
REQUESTED BY VICTOR VILLENEUVE OF MDS CONSULTING, INC.,
CASE NO. 5.1021:
Councilmember Mills questioned if the Conditions of Approval would
change due to the flood drainage channel.
ACTION: Adopt Resolution No. 22181, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A ONE-YEAR TIME EXTENSION FROM FEBRUARY 15,
2008, TO FEBRUARY 14, 2009, FOR CASE NO. 5.1021 TTM 32826 / PD
303 TO SUBDIVIDE 9.9 ACRES AND TO CONSTRUCT 58
RESIDENTIAL CONDOMINIUM UNITS LOCATED AT 4455 MATTHEW
City Council Minutes
March 5, 2008
Page 11
DRIVE, ZONED PD-303, SECTION 30." Motion Councilmember Mills,
seconded by Mayor Pro Tern Foat and unanimously carried 4-0 on a
roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills,
Councilmember Weigel, and Mayor Pro Tern Foat.
NOES: None.
ABSENT: Mayor Pougnet.
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE 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:
Marcus Fuller, Assistant City Engineer, provided background information
as outlined in the staff report dated March 5, 2008.
Councilmember Hutcheson requested staff address any possible negative
impacts to existing projects.
Councilmember Mills questioned if this changes the floodplain boundaries
and requested staff address any issues with our current floodplain
boundaries.
ACTION: 1) Waive the reading of the ordinance text in its entirety and
read by title only; 2) Introduce on first reading 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." Motion Councilmember Weigel, seconded by
Councilmember Mills and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills,
Councilmember Weigel, and Mayor Pro Tem Foat,
NOES: None.
ABSENT: Mayor Pougnet.
4. UNFINISHED BUSINESS: None.
City Council Minutes
March 5, 2008
Page 12
5. NEW BUSINESS:
5.A. COUNTY OF RIVERSIDE'S REQUEST FOR FINANCIAL
CONTRIBUTIONS FOR COLD WEATHER SHELTER OPERATIONS IN
NORTH PALM SPRINGS AND ENDORSING THE COACHELLA
VALLEY ASSOCIATION OF GOVERNMENTS' HOMELESSNESS
COMMITTEE'S STRATEGIC PLAN TO END HOMELESSNESS:
City Manager Ready provided background information as outlined in the
staff report dated March 5, 2008, and stated the request will be funded
through CDBG programs, the proposed resolution for General Fund
funding is not needed.
ACTION: 1) Approve a financial contribution of $6,200, as a CVAG
member, for operations of the Homeless Cold Weather Shelter; and 2)
Adopt Resolution No. 22183, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ENDORSING THE
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS'
HOMELESSNESS COMMITTEE'S STRATEGIC PLAN TO END
HOMELESSNESS." Motion Councilmember Mills, seconded by
Councilmember Hutcheson and unanimously carried 4-0 on a roll call
vote.
AYES: Councilmember Hutcheson, Councilmember Mills,
Councilmember Weigel, and Mayor Pro Tern Foat.
NOES: None.
ABSENT: Mayor Pougnet.
5.13. APPEAL OF THE DECISION OF THE RIVERSIDE COUNTY AIRPORT
LAND USE COMMISSION'S FINDING OF INCONSISTENCY FOR THE
DESERT SON-SHINE KINDERGARTEN AND PRE-SCHOOL LOCATED
AT THE NORTHWEST CORNER OF CERRITOS ROAD AND SAHARA
ROAD:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated March 5, 2008.
ACTION: Adopt Resolution No. 22184, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
OVERRULING THE RIVERSIDE COUNTY AIRPORT LAND USE
COMMISSION'S FINDING OF INCONSISTENCY FOR THE DESERT
SON-SHINE KINDERGARTEN AND PRE-SCHOOL LOCATED AT THE
NORTHWEST CORNER OF CERRITOS ROAD AND SAHARA ROAD,
City Council Minutes
March 5, 2008
Page 13
ZONE P, SECTION 1." Motion Councilmember Hutcheson, seconded
by Councilmember Mills and unanimously carried 4-0 on a roll call
vote.
AYES: Councilmember Hutcheson, Councilmember Mills,
Councilmember Weigel, and Mayor Pro Tem Foat.
NOES: None.
ABSENT: Mayor Pougnet.
5.C. APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE TO WORK
WITH THE CITY OF DESERT HOT SPRINGS ON SERVICE DELIVERY
COOPERATION:
ACTION: Appoint Mayor Pougnet and Mayor Pro Tem Foat to a City
Council Subcommittee to work with the City of Desert Hot Springs with
respect to Service Delivery Cooperation. Motion Councilmember Mills,
seconded by Councilmember Weigel and unanimously carried 4-0 on
a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills,
Councilmember Weigel, and Mayor Pro Tem Foat.
NOES: None.
ABSENT: Mayor Pougnet.
S.D. ESTABLISHMENT OF POLICIES AND STANDARDS FOR
NEIGHBORHOOD ENTRY SIGNS ON PRIVATE PROPERTY IN SINGLE
FAMILY NEIGHBORHOODS:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated March 5, 2008.
Councilmember Mills thanked staff for a comprehensive report and stated
he is in support of a neighborhood sign program.
ACTION: Direct staff to prepare a zone text amendment to establish
policies and standards for neighborhood entry signs on private property in
single family neighborhoods. Motion Councilmember Mills, seconded
by Councilmember Weigel and unanimously carried 4-0 on a roll call
vote.
AYES: Councilmember Hutcheson, Councilmember Mills,
Councilmember Weigel, and Mayor Pro Tem Foat.
NOES: None.
ABSENT: Mayor Pougnet.
5.E. REQUEST FOR $15,000 SPECIAL EVENT FUNDING FROM THE PALM
SPRINGS FOOD AND WINE FESTIVAL FOR THE CITY OF PALM
SPRINGS GREEN EDUCATION PAVILION APRIL 11-13, 2008:
City Council Minutes
March 5, 2008
Page 14
Item withdrawn from the Agenda.
5.F. APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE TO PROVIDE
RECOMMENDATIONS TO THE CITY MANAGER AND THE CHIEF OF
POLICE FOR HIS TRANSITION TO THE CITY OF PALM SPRINGS:
ACTION: Appoint Councilmember Hutcheson and Councilmember Weigel
to a City Council Subcommittee to provide recommendations to the City
Manager and Chief of Police in his transition to the City of Palm Springs
and Community. Motion Mayor Pro Tern Foat, seconded by
Councilmember Mills and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills,
Councilmember Weigel, and Mayor Pro Tern Foat.
NOES: None.
ABSENT: Mayor Pougnet.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pro Tern Foat requested a report and update on the annexation of Park Andreas
and Bellamonte, welcomed the newly formed Araby Cove Neighborhood Organization,
and requested Code Enforcement deal with signs posted to utility polls offering homes
for auction on Amado.
ADJOURNMENT: The City Council adjourned at 8:24 p.m. to a Special Session, Friday,
March 7, 2008, at 8:00 A.M., at Spencer's Restaurant, Bougainvillea Reception Room,
701 West Baristo, Palm Springs. The next regularly scheduled City Council Study
Session and Adjourned Meeting will be held on Wednesday, March 12, 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-
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
12th DAY OF MARCH, 2008.
ST EN POUGNET, MAYOR
-ATTEST:
MES THOMPSON, CITY CLERK