HomeMy WebLinkAbout2/20/2008 - STAFF REPORTS - 2.B. CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MINUTES
WEDNESDAY, FEBRUARY 6, 2008
City Hall Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
Mayor Pougnet requested a moment of silence in memory of Earl Greenberg, and
requested the City Council adjourn in his memory.
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 Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS: Incoming Police Chief David G. Dominguez was administered the
Oath of Office.
REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:30 p.m. the
meeting was called to order, and the City Council recessed into Closed Session to
discuss items contained on the Closed Session Agenda, No reportable actions were
taken.
ACCEPTANCE OF THE AGENDA:
Mayor Pougnet requested the City Council hear Public Comments and the Consent
Calendar prior to Public Hearings,
City Clerk Thompson stated staff is requesting that Item 4.13. be continued to February
13, 2008.
Mayor Pro Tern Foat requested Item 2.0. and Item 2.G. be removed from the Consent
Calendar for separate discussion, and noted a property ownership conflict of interest
with respect to Item 43., and noted her abstention from the vote to table the Item.
Item 2 . 13 .
City Council Minutes
February 6, 2007
Page 2
ACTION: Accept the Agenda as amended. Motion Councilmember Weigel,
seconded by Councilmember Mills and unanimously carried on a roll call vote,
noting the abstention of Mayor Pro Tern Foat with respect to Item 4.13. [Spanish
Inn].
The City Council took Public Comment and Consent Calendar Items out of order, and
heard them prior to Public Hearings.
PUBLIC COMMENT:
CINDY BERARD], Palm Springs, commented on Item 4.A., and requested the City
Council approve the vacation of Alejo Road.
BARBARA MARSHALL, Palm Springs, commented on Item 4.C., and requested the
City Council approve the closure of Livmor Avenue.
CHARLES SACHS, Palm Springs, commented on the removal of trees in his
condominium complex, and requested the City require a permit to remove trees.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.H., 2.I., 2.J., 2.K.,
21„, 2.M., and 2.N. Motion Councilmember Mills, 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 February 6, 2008,
City Council Agenda. Approved as part of the Consent Calendar.
2.B. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of January 16, 2008, January
23, 2008, and January 30, 2008. Approved as part of the Consent
Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22142, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 12-29-07 BY WARRANTS NUMBERED 412873 THROUGH
412924 TOTALING $88,339.69, THREE WIRE TRANSFERS FOR
$67,603.27, AND THREE ELECTRONIC ACH DEBITS OF $1,084,86.09
IN THE AGGREGATE AMOUNT OF $1,240,029.05 DRAWN ON BANK
OF AMERICA;" 2) Adopt Resolution No. 22143, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1025560 THROUGH 1025821 IN THE AGGREGATE
City Council Minutes
February 6, 2007
Page 3
AMOUNT OF $1,249,923.10 DRAWN ON BANK OF AMERICA;" 3) Adopt
Resolution No. 22144, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1025822
THROUGH 1025827 IN THE AGGREGATE AMOUNT OF $93,045.71
DRAWN ON BANK OF AMERICA;" 4) Adopt Resolution No. 22145, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 1-12-08 BY WARRANTS
NUMBERED 412925 THROUGH 412987 TOTALING $91,428.77
LIABILITY CHECKS NUMBERED 1025828 THROUGH 1025849
TOTALING $140,325.25, THREE WIRE TRANSFERS FOR $73,300.75
AND THREE ELECTRONIC ACH DEBITS OF $1,054,885.24 IN THE
AGGREGATE AMOUNT OF $1,359,940.01 DRAWN ON BANK OF
AMERICA;" and 5) Adopt Resolution No. 22146, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1025850 THROUGH 1026156 IN THE AGGREGATE
AMOUNT OF $2,940,346.97 DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar.
2.D. FINAL MAP 32378 AND A SUBDIVISION IMPROVEMENT
AGREEMENT WITH BSF DEVELOPMENT, LLC, FOR A 1-LOT TRACT
MAP FOR CONDOMINIUM PURPOSES, LOCATED AT 500 E. PALM
CANYON DRIVE:
ACTION: Adopt Resolution No. 22147, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING FINAL MAP 32378 FOR PROPERTY LOCATED AT 500 E.
PALM CANYON DRIVE, IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE
4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT
AGREEMENT WITH BSF DEVELOPMENT, LLC;' and 2) Authorize the
City Manager to execute all necessary documents. A5614. Approved as
part of the Consent Calendar.
2.E. AMENDMENT NO, 12 TO AGREEMENT NO. A4487, WITH VSA
AIRPORTS, INC., FOR AIRPORT ENGINEERING SERVICES, IN THE
AMOUNT OF $17,250:
ACTION: 1) Approve Amendment No. 12 to Agreement No. A4487, with
VSA Airports, Inc. to provide an updated airport electrical distribution
analysis and related drawings, in the amount of $17,250; and 2) Authorize
the City Manager to execute all necessary documents. A4487. Approved
as part of the Consent Calendar,
2.F. MODIFICATIONS TO THE CITY COUNCIL SUBCOMMITTEE
APPOINTMENTS FOR THE CONVENTION CENTER MANAGEMENT
600003
City Council Minutes
February 6, 2007
Page 4
AGREEMENT SUBCOMMITTEE, SPECIAL EVENTS SUBCOMMITTEE,
AND WYNDHAM HOTEL SUBCOMMITTEE:
ACTION: 1) Appoint Mayor Pougnet and Councilmember Weigel to the
City Council Subcommittee for the Convention Center Management
Agreement; 2) Appoint Mayor Pougnet and Councilmember Weigel to the
City Council Subcommittee for Special Events; and 3) Appoint
Councilmember Weigel and Councilmember Mills to the City Council
Subcommittee for the Wyndham Hotel. Approved as part of the Consent
Calendar.
2.H. TREASURER'S INVESTMENT REPORT AS OF DECEMBER 31, 2007:
ACTION: Receive and file the Treasurers Investment Report as of
December 31, 2007. Approved as part of the Consent Calendar.
2.1. UNIFORM RENTAL AND CLEANING SERVICES FOR VARIOUS
DEPARTMENTS:
ACTION: 1) Approve an agreement with Cintas Corporation for uniform
rental and cleaning services for an estimated annual expenditure of
$23,666.67, and a total amount not-to-exceed $71,000.00 for the initial
three-year term; and 2) Authorize the City Manager to execute all
necessary documents. A5615. Approved as part of the Consent
Calendar.
2,J, AIRPORT RENTAL CAR READY/RETURN LOT EXPANSION
PROJECT, CITY PROJECT 2007-23:
ACTION: 1) Approve an agreement with G & M Construction, Inc. for the
Airport Rental Ready Car Return Lot Expansion Project, in the amount of
$1,587,000, City Project 2007-23, in a form acceptable to the City
Attorney; 2) Adopt Resolution No. 22149, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR FISCAL YEAR 2007-08;" 3) Approve Offsetting
Budget Adjustment for $600,000 for additional Revenue 405-38145 and
offset with CFC Ready Return Expansion expense account 405-56093;
and 4) Authorize the City Manager to execute all necessary documents.
A5616. Approved as part of the Consent Calendar.
2.K. AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS AND
COMPENSATION PLAN FOR FISCAL YEAR 2007-08 PARKS AND
RECREATION DEPARTMENT:
ACTION: Adopt Resolution No. 22150, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS
AND COMPENSATION PLAN FOR FISCAL YEAR 2007-08, ADOPTED
BY RESOLUTION NO. 21907." Approved as part of the Consent
Calendar.
City Council Minutes
February 6, 2007
Page 5
2.L, AMENDMENT NO. 1 TO AGREEMENT NO. A5610, A CLIENT SERVICE
AGREEMENT, WITH SELECT STAFFING FOR TEMPORARY
CLERICAL SERVICES:
ACTION: 1) Approval additional services to Select Staffing for temporary
clerical services, an increase of $5,000 for a total contract amount not to
exceed $29,000; and 2) Authorize the City Manager to execute all
necessary documents. A5610. Approved as part of the Consent
Calendar.
2.M. AIRPORT CONTRIBUTION TO THE PALM SPRINGS DESERT
RESORT COMMUNITIES CONVENTION AND VISITORS AUTHORITY
AIR SERVICE DEVELOPMENT CAMPAIGN:
ACTION: Approve airport contribution of $50,000 to the Palm Springs
Desert Resort Communities Convention and Visitors Authority for the
purpose of air service and tourism marketing. Approved as part of the
Consent Calendar.
2.N. DIGESTER GAS TREATMENT SYSTEM DESIGN NOTICE TO
PROCEED TO VEOLIA WATER NORTH AMERICA-WEST, LLC:
ACTION: Approve the digester gas treatment system design notice to
proceed to Veolia Water North America-West LLC in the amount of
574,581.10. Approved as part of the Consent Calendar,
EXCLUDED CONSENT CALENDAR:
2.G. REINSTATE THE THREE-HOUR TIME LIMITS AT THE PLAZA MERCADO
PARKING LOT:
Mayor Pro Tern Foat requested staff address the prior time limit on the lot.
ACTION: Adopt Resolution No. 22148, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REINSTATING
THREE-HOUR TIME LIMITS IN THE PLAZA MERCADO PARKING LOT."
Motion Councilmember Hutcheson, seconded by Councilmember Weigel
and unanimously carried on a roll call vote.
2.0. UNITED STATES CONFERENCE OF MAYORS' CLIMATE PROTECTION
AGREEMENT:
Mayor Pro Tern Foat requested Mayor Pougnet provide background information
on the U.S. Mayors' Climate Protection Agreement, and requested staff address
the preparations to implement AB32.
ACTION: 1) Adopt Resolution No. 22151, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ENDORSING THE
UNITED STATES CONFERENCE OF MAYORS' CLIMATE PROTECTION
City Council Minutes
February 6, 2007
Page 6
AGREEMENT AND DIRECTING THE CITY'S RESOURCE CONSERVATION
COMMISSION TO RECOMMEND POLICIES, PROCEDURES, AND TARGET
GOALS THAT THE CITY MIGHT IMPLEMENT TO REDUCE ENERGY
CONSUMPTION, REDUCE EMISSIONS THAT ADVERSELY AFFECT AIR
QUALITY, AND PROMOTE WATER CONSERVATION." Motion
Councilmember Hutcheson, seconded by Councilmember Weigel and
unanimously carried on a roll call vote.
Mayor Pougnet presented David Danos a Certificate of Commendation for his
participation in bringing forward the Climate Protection Agreement.
1. PUBLIC HEARINGS:
1.A. PROPOSED ORDINANCES ADOPTING AND AMENDING THE 2007
CALIFORNIA BUILDING STANDARDS CODE AND ADOPTING AND
AMENDING THE 2007 CALIFORNIA FIRE CODE:
Fire Chief Goetz provided background information as outlined in the staff
report dated February 6, 2008.
Mayor Pougnet opened the public hearing, and the following speaker
addressed the City Council.
FRED BELL, Building Industry Association, stated there is no sprinkler
requirement in the Riverside County Code, and requested the City Council
continue the public hearing.
No further speakers coming forward the public hearing was closed.
The City Council discussed and/or commented on the requirements for
sprinkler on residential structures and the triggers for sprinkler with
respect to remodel, the differences between the cities and the County of
Riverside, regulation of mobile homes, and subterranean parking
requirements.
ACTION: 1) Continue the public hearing to Wednesday, February 13,
2008; and 2) Direct the City Clerk to post a Notice of Continued Public
Hearing. Motion Councilmember Weigel, seconded by
Councilmember Hutcheson and unanimously carried on a roll call
vote.
I.B. CASE NO. 5.1171, APPLICATION BY FOUNDATIONS ENTERPRISE
GROUP, LLC, FOR PLANNED DEVELOPMENT DISTRICT 351 AND
TENTATIVE TRACT MAP 35544, TO CREATE A ONE LOT
BONN
City Council Minutes
February 6, 2007
Page 7
CONDOMINIUM MAP FOR THE CONVERSION OF 13 EXISTING
APARTMENT UNITS TO 12 CONDOMINIUM UNITS, LOCATED AT 588
SAN LORENZO ROAD:
ACTION: 1) Continue the Public Hearing to a date uncertain; and 2) Direct
the City Clerk to re-notice. Motion Councilmember Mills, seconded by
Councilmember Weigel and unanimously carried on a roll call vote.
1.C. CASE NO. 5.1159, APPLICATION BY OLIVERA TOWNHOMES, LLC,
FOR PLANNED DEVELOPMENT DISTRICT 340 AND TENTATIVE
TRACT MAP 34729, FOR A FIVE UNIT DETACHED CONDOMINIUM
PROJECT AND CONDOMINIUM MAP ON 0.53 ACRES LOCATED AT
THE SOUTHWEST CORNER OF VIA OLIVERA AND ZANJERO WAY:
Nicole Criste, Contract Planner, provided background information as
outlined in the staff report dated February 6, 2008.
Mayor Pro Tem Foat requested staff address a previous application by the
Developer.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
Councilmember Mills requested staff address guest parking vs. the
number of bedrooms, expressed concerns on the required parking being
allowed as street parking, requested staff clarify that the approval at this
hearing is only for the site plan and massing, which does not include
architectural approval.
Mayor Pro Tern Foat requested staff address if a wall is included between
the units, side setbacks, building separations, and the process of public
benefit with respect to PDD's.
Councilmember Hutcheson requested the City Manager place on an
upcoming agenda a discussion of public benefits for PDD's.
Councilmember Mills commented on the walls, recommended the site be
fully landscaped, suggested that no additional garden walls parallel to the
structures be permitted, and that the landscape plan deal with the entire
site prior to occupancy.
Councilmember Weigel requested staff address Condition No. 11, stated
that Dust Control is not working, recommended a Condition that provides
for graded property which is not built be required to be replanted, and
requested a future discussion on public benefit requirements for PDD's.
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City Council Minutes
February 6, 2007
Page 8
The City Council discussed vacant land with respect to dust control and
fencing and requested staff place these Items on a future study session
agenda.
Councilmember Hutcheson requested the City Engineer address the Dust
Control Plan and requested staff place on a future agenda a discussion of
dust control.
Mayor Pro Tern Foat stated without the walls the buildings are only 10-feet
apart.
ACTION: Adopt Resolution No. 22140, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING? CASE NO. 5.1159 INCLUDING PLANNED DEVELOPMENT
DISTRICT 340 AND TENTATIVE TRACT MAP 34729, A FIVE UNIT
DETACHED CONDOMINIUM PROJECT AND CONDOMINIUM MAP ON
0.53 ACRES LOCATED AT THE SOUTHWEST CORNER OF VIA
OLIVERA AND ZANJERO WAY," amending Condition No. 22 to provide
that the architecture and landscape be submitted to the AAC for review,
amending Condition No. 23 to provide for no parallel walls, and the walls
as they appear on the landscape plan are those that are approved,
amending Condition No. 110 provide restoration with desert hydro-seed
or stabilizer if construction does not commence within one-month, and a
condition that the entire site be landscaped prior to occupancy. Motion
Councilmember Mills, seconded by Councilmember Weigel and
carried 4-1 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills,
Councilmember Weigel, and Mayor Pougnet.
NOES: Mayor Pro Tern Foat.
The City Council recessed at 8:02 p.m.
The City Council reconvened at 8:09 p.m.
I.D. CASE NO. HSPB NO. 56, APPLICATION TO DESIGNATE THE
PROPERTY KNOWN AS "INVERNADA" LOCATED AT 657 VIA
MIRALESTE A CLASS ONE HISTORIC SITE:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated February 6, 2008.
Councilmember Hutcheson requested staff address a condition for the
removal of the current solar panels and air conditioning.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing is closed.
City Council Minutes
February 6, 2007
Page 9
Councilmember Mills requested staff address the condition for the removal
and future installation of other conveniences, and requested staff address
the aluminum porch.
ACTION: Adopt Resolution No. 22141, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING THE PROPERTY KNOWN AS "INVERNADA" LOCATED
AT 657 VIA MIRALESTE A CLASS ONE HISTORIC SITE," amending
Condition No. 2 to read 'All future exterior modifications including but not
limited to buildings, fountain, signage and entry gate, shall require a
Certificate of Approval by the Historic Site Preservation Board pursuant to
Municipal Code Section 8.05.180." Motion Councilmember Hutcheson,
seconded by Councilmember Weigel and unanimously carried on a
roll call vote.
1.E. CASE NO. 5.1135, APPLICATION BY RAINBOWVISION PALM
SPRINGS, LLC, FOR PLANNED DEVELOPMENT DISTRICT 334 AND
TENTATIVE TRACT MAP 35623, FOR THE CONSTRUCTION OF 184
CONDOMINIUM UNITS AND ONE COMMERCIAL STRUCTURE ON AN
APPROXIMATE 13.28 ACRE PARCEL AT THE SOUTHWEST CORNER
OF EAST PALM CANYON DRIVE AND MATTHEW DRIVE:
Chris Brown, Contract Planner, provided background information as
outlined in the staff report dated February 6, 2008.
Mayor Pougnet requested staff address the actual height of the building as
being 35 or 45 feet.
Councilmember Hutcheson commented on the lack of clarity on the height
of the building and discrepancies in the staff report, and requested a
Condition of Approval with respect to the condition of the lot during
construction.
Director Ewing recommended the City Council continue the public hearing
to provide staff the opportunity to correct and clarify the information in the
staff report.
Mayor Pougnet opened the public hearing and the following speakers
addressed the City Council.
SUSAN BOSKOVICH, Palm Springs, commented on the letter presented
at the public hearing and requested the City Council address the height,
and stated the views were not considered of any properties to the South.
JOE PLAN, Palm Springs, stated his objection to the height and
expressed concerns with increased traffic due to this development and the
other approved projects.
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City Council Minutes
February 6, 2007
Page 10
CHARLES MILLER, Palm Springs, stated his objection to the height and
increased traffic.
GARY BOSKOVICH, stated his opposition to the height of the project, and
thanked the Planning Department.
No further speakers coming forward, the public hearing was closed.
ACTION: 1) Continue the public hearing to Wednesday, February 20,
2008; and 2) Direct the City Clerk to post a Notice of Continued Public
Hearing. Motion Councilmember Hutcheson, seconded by
Councilmember Weigel and unanimously carried on a roll call vote.
1.F. CASE NO. 5.1162-GPA, APPLICATION BY PALM MOUNTAIN
RESORT, LP, FOR A GENERAL PLAN AMENDMENT AND PLANNED
DEVELOPMENT DISTRICT 342, FOR THE REDEVELOPMENT OF THE
EXISTING PALM MOUNTAIN RESORT AND SPA ON 2.77 ACRES
LOCATED AT 155 SOUTH BELARDO ROAD:
Craig Ewing, Director of Planning Services, reported that the City received
a request from the Applicant today to continue the public Hearing to
February 20, 2008.
ACTION: 1) Continue the Public Hearing to Wednesday, February 20,
2008; and 2) Direct the City Clerk to post a Notice of Continued Public
Hearing. Motion Councilmember Mills, seconded by Mayor Pro Tem
Foat and unanimously carried on a roll call vote.
PUBLIC COMMENT NOT HEARD AT THE BEGINNING OF THE MEETING: None.
COUNCILMEMBER COMMENTS: None.
CITY MANAGER'S REPORT: None.
The Community Redevelopment Agency convened at 8:34 p.m., hearing the following
Item Jointly with the City Council.
CONSENT CALENDAR:
ACTION: Approve Item RA3. Motion Councilmember Mills, seconded by Mayor
Pougnet and unanimously carried on a roll call vote.
RA3. TRANSFER OF THE VILLAGE GREEN, SUNRISE PARK, THE PALM
SPRINGS VISITORS CENTER AND A SUBLEASE INTEREST IN THE
City Council Minutes
February S. 2007
Page 11
DOWNTOWN PARKING STRUCTURE FROM THE CITY OF PALM SPRINGS
TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS:
ACTION: 1) Adopt Resolution No. 22152, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE
TRANSFER TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, OF THE VILLAGE GREEN, SUNRISE
PARK, AND THE PALM SPRINGS VISITORS CENTER"; 2) Adopt Resolution
No. 22153, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING A SUBLEASE OF THE DOWNTOWN
PARKING GARAGE TO THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS"; and 3) Authorize the City Manager to complete
and execute all documents related to the transfers in a form acceptable to the
City Attorney. A5617. Approved as part of the Consent Calendar.
The Community Redevelopment Agency adjourned at 8:36 p.m., and the City Council
continued.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. SUMMARY VACATION OF A PORTION OF ALEJO ROAD IN SECTION
11, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R-07-51:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated February 6, 2008.
The City Council discussed and/or commented on the following with
respect to the vacation: future need to widen Alejo with new development,
and transitions to the intersection near the vacation.
ACTION: Adopt Resolution No. 22154, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
SUMMARILY VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE
AND INTERESTS TO A PORTION OF ALEJO ROAD, SECTION 11,
TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-07-51." Motion
Councilmember Mills, seconded by Mayor Pougnet and unanimously
carried on a roll call vote.
4.13. FINAL MAP 31104 AND A SUBDIVISION IMPROVEMENT
AGREEMENT WITH SPANISH INN, INC., FOR A 1 LOT TRACT MAP
FOR CONDOMINIUM PURPOSES LOCATED AT 640 N. INDIAN
CANYON DRIVE:
ACTION: Tabled to February 13, 2008. [Under Acceptance of the
Agenda, noting the abstention of Mayor Pro Tem Foat].
City Council Minutes
February 6, 2007
Page 12
4.C. LIVMOR ESTATES TRAFFIC CALMING NEIGHBORHOOD REQUEST
TO CLOSE LIVMOR AVENUE AT CIVIC DRIVE AND APPROVAL OF
CONCEPTUAL LANDSCAPING PLANS:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated February 6, 2008,
The City Council discussed and/or commented on the following with
respect to the Livmor Avenue project: temporary landscaping, water
conservation, ongoing maintenance, and clarified the action.
ACTION: 1) Direct staff to close Livmor Avenue at Civic Drive pursuant to
the closure and landscaping plans; 2) Approve the conceptual landscaping
plan for the west side of Civic Drive from Tahquitz Canyon Way to Livmor
Avenue; and 3) Direct staff to explore funding opportunities for the
landscaping in the Fiscal Year 2008-09 Budget. Motion Mayor Pro Tern
Foat, seconded by Councilmember Mills and unanimously carried on
a roll call vote.
5. NEW BUSINESS:
5.A. REQUEST FROM THE DESERT CLASSIC CONCOURS D'ELEGANCE
FOR WAIVER OF FEES FOR TAHQUITZ CREEK GOLF COURSE
GREEN FEES:
City Manager Ready provided background information as outlined in the
staff report dated February 6, 2008.
Mayor Pro Tem Foat stated her support of the event, and recommended
the City offer Classic Club vouchers and waive the fees for golf.
Councilmember Mills stated his support of the event, and the waiver of
fees and/or provide Bob Hope Classic vouchers.
ACTION: 1) Waive the Green Fees at the Tahquitz Creek Golf Course
[member responsible for the first $20.001 for O'Donnell Golf Club members
who wish to play on Saturday; and 2) City to provide Bob Hope Classic
passes to O'Donnell Golf Club members who wish to play Sunday through
Thursday during the Desert Classic Contours d'Elegance, limited to either
the reduced fees or the passes, but not both. Motion Mayor Pro Tom
Foat, seconded by Councilmember Mills and unanimously carried on
a roll call vote.
COUNCILMEMBER COMMENTS:
Councilmember Mills commented on the removal of landscaping in the City, and
suggested the City inform Condominium Associations of the requirements.
V1i1
City Council Minutes
February 6, 2007
Page 13
Councilmember Weigel commented on Measures pertaining to the February 5, 2008,
Primary Election.
Mayor Pougnet announced the upcoming activities for Black History Month, commented
on the activities and events of the Mayors office, and announced the upcoming State of
the City Address.
ADJOURNMENT: The City Council adjourned, in memory of Earl Greenbufg, at 9:11
p.m., to a Study Session and Adjourned Regular Meeting, Wednesday, February 13,
2008, at 6:00 P.M. in the Council Chamber, City Hall, preceded by a Closed Session at
4:30 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
20TH DAY OF FEBRUARY, 2008.
STEPHEN POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
a0a0i3
CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MINUTES
WEDNESDAY, FEBRUARY 13, 2008
City Hall Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:03 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: None.
REPORT OF CLOSED SESSION:
At 4:30 p.m. the meeting was called to order and the City Attorney requested the City
Council add one Item to the Closed Session Agenda pursuant to Government Code
Section 54956.9(a) Conference with Legal Counsel for the case titled Friends of Palm
Springs Mountains v. City of Palm Springs.
ACTION: 1) Make the finding the litigation came to the attention of the City after the
posting of the agenda and there is an immediate need to hear and/or take action on the
Item; and 2) Add to the Closed Session Agenda pursuant to Government Code Section
54956.9(a) Conference with Legal Counsel Existing Litigation, Friends of Palm Spring
s
Mountains v. City of Palm Springs. Motion Councilmember Mills, seconded by
Councilmember Weigel and unanimously carried.
City Attorney Holland reported the City Council recessed into Closed Session to discuss
the items contained on the Closed Session Agenda. No reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
ACTION: Accept the Agenda as presented. Motion Councilmember Mills, seconded
by Councilmember Weigel and unanimously carried on a roll call vote.
City Council Minutes
February 13, 2008
Page 2
PUBLIC COMMENT:
WENDIE SUSIG-KOHN, Palm Springs, provided the City Council with an update of the
upcoming activities of The Desert Philanthropic Association.
NEJAT KOHAN, Palm Springs, commented on Item 4.A., provided an update on the
activities of the Movie Colony traffic plan and the development of the Spanish Inn, and
requested the City Council approve the final map and subdivision improvement
agreement.
TOM DAVIS, Planning Development Officer, Agua Caliente Band of Cahuilla Indians,
provided an update on Item 3.A., and requested the City Council approve the
Conformity Report.
SID CRAIG, stated the frontage street near his home is being used as a used car lot,
and requested the area be posted "no parking" on both sides of the street.
JOY MEREDITH, Palm Springs, thanked City employees for the prompt and thorough
clean-up after the recent wind storm.
COUNCILMEMBER COMMENTS:
Mayor Pro Tern Foat announced the upcoming Friends of the Palm Springs Animal
Shelter event.
CITY MANAGER'S REPORT:
City Manager Ready provided an update on the activities of the Office of Neighborhood
Involvement Retreat.
SS1. JOINT MEETING WITH THE PALM SPRINGS INTERNATIONAL AIRPORT
COMMISSION, UPDATE OF CAPITAL IMPROVEMENTS AND
CONSTRUCTION, TRANSPORTATION SERVICE, AIR SERVICE, AND
COMMISSION WORK PROGRAM:
Bob Elsner, Chair Palm Springs International Airport Commission, introduced the
Members of the Commission and provided an update on the activities at the
Palm Springs International Airport.
AI Smoot, City Construction Consultant, provided an update on the Airport
Terminal Phase II Construction Project.
Tom Nolan, Executive Director, provided an update on the Car Rental Lot,
replacement of the Control Tower, and runway pavement rehabilitation.
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February 13, 2008
Page 3
City Manager Ready and Executive Director Nolan, provided an update on the
Concession Upgrade Programs.
Executive Director Nolan provided information on the update to the
Comprehensive Airport Master Plan.
City Manager Ready provided an update on taxi service and possible City
regulation of taxi service at the Palm Springs International Airport.
The City Council discussed and/or commented on the following with respect to
taxi service: driver incentives for local fares and increased enforcement, the
regulation and goals by the regulatory body Sunline and recommendations by
CVAG, condition of the taxis, the condition of the drivers, the cost of fares, the
purpose of the holding areas, and the potential transfer of regulation to the City.
Executive Director Nolan and Mark Kiehl, Deputy Director, provided an update on
Air Service and Business Development Programs.
The City Council discussed and/or commented on the following with respect to
Air Service and Business Development: attraction of new carriers and expanded
routes, price for a ticket out of Palm Springs, and competition of low cost carriers.
Executive Director Nolan provided information on Airport Compatibility and the
impact to the surrounding neighborhoods.
The City Council discussed and/or commented on the following with Airport
Compatibility: noise impacts, previous sound mitigation programs, and activities
of the military.
Executive Director Nolan and Deputy Director Kiehl, provided an update on
baggage claim services.
The City Council discussed and/or commented on the following with respect to
baggage claim services: survey performed on the length of time for baggage to
arrive at baggage claim, and the sufficiency of the current baggage claim area.
City Manager Ready and Executive Director Nolan provided an update on Airport
Advertising programs.
The City Council discussed and/or commented on the following with respect to
Airport Advertising: quality and coordination of the in-airport advertising, vehicles
in the lobby at the Airport, and use of technology in advertising.
Commissioner Simmons thanked Airport staff and commented on the Taxi
Subcommittee.
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February 13, 2008
Page 4
Commissioner Luisi commented on the use of free wireless services_
No action taken.
The City Council recessed at 7:30 p.m.
The City Council reconvened at 7:36 p.m.
Mayor Pougnet requested the City Council hear Item 3.A. out of order prior to Public
Hearings.
3. LEGISLATIVE:
3.A. APPROVAL OF A CONFORMITY REPORT AND REVISED REVIEW
PROCEDURE FOR THE PROPOSED AGUA CALIENTE CULTURAL
MUSEUM, LOCATED ON TRIBAL TRUST LAND OF THE AGUA
CALIENTE BAND OF CAHUILLA INDIANS, AT THE SOUTHEAST
CORNER OF EAST TAHQUITZ CANYON WAY AND SOUTH
HERMOSA CASE NO. 5.1188:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated February 13, 2008.
Councilmember Weigel requested staff address parking issues and
standards for Museums.
Mayor Pougnet requested the Tribe Representatives address the
groundbreaking schedule scheduled in 2010.
Councilmember Hutcheson requested the Tribe Representatives address
the Museum's relationship with the Smithsonian Institute.
Councilmember Mills complimented the design and site plan.
Mayor Pro Tern Foat requested the Tribe Representatives address the
programs and exhibits at the Museum.
Mayor Pougnet commented on the stunning job, and thanked the Tribal
Representatives.
ACTION: Adopt Resolution No. 22158, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A CONFORMITY REPORT FOR THE PROPOSED AGUA
CALIENTE CULTURAL MUSEUM, LOCATED ON TRIBAL TRUST LAND
OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS AT THE
SOUTHEAST CORNER OF EAST TAHQUITZ CANYON WAY AND
SOUTH HERMOSA AND WAIVING THE JOINT MEETING BETWEEN
THE PALM SPRINGS CITY COUNCIL AND AGUA CALIENTE BAND OF
City Council Minutes
February 13, 2008
Page 5
CAHUILLA INDIANS TRIBAL COUNCIL." Motion Councilmember
Weigel, seconded by Mayor Pro Tern Foat and unanimously carried
on a roll call vote.
1. PUBLIC HEARINGS:
1.A. RIGHT-OF-WAY VACATION OF A PORTION OF EAST PALM CANYON
DRIVE LOCATED WEST OF CHEROKEE WAY, IN SECTION 30,
TOWNSHIP 4 SOUTH, RANGE 5 EAST, FILE R 07-17:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated February 13, 2008,
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
ACTION: Adopt Resolution No. 22155 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING
AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN A
PORTION OF PUBLIC RIGHT-OF-WAY DEDICATED FOR EAST PALM
CANYON DRIVE LOCATED WEST OF CHEROKEE WAY, IN SECTION
30, TOWNSHIP 4 SOUTH, RANGE 5 EAST, FILE R 07-017. Motion
Councilmember Mills, seconded by Mayor Pro Tem Foat and
unanimously carried on a roll call vote.
1.13. PROPOSED ORDINANCES ADOPTING AND AMENDING THE 2007
CALIFORNIA BUILDING STANDARDS CODE AND ADOPTING AND
AMENDING THE 2007 CALIFORNIA FIRE CODE:
Blake Goetz, Fire Chief, provided background information as outlined in
the staff report dated February 13, 2008.
Councilmember Hutcheson requested staff address the clarity of the
ordinance to the general public.
Mayor Pougnet opened the public hearing, and the following speaker
addressed the City Council.
FRED BELL, Desert Chapter Building Industry Association, commented
on the consistency with surrounding areas and the County of Riverside,
and fire sprinkler requirements for fire suppression.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills commented on the suggestion of footnoting the
ordinance, requested staff address the 1,500 GPM fire flow and the
requirement for fire sprinklers.
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City Council Minutes
February 13, 2008
Page 6
Councilmember Hutcheson suggested that the ordinance be amended to
include both the 1,500 GPM and the 3,600 square foot standards.
ACTION: 1) Waive the reading of the ordinance text in its entirety and
read by title only; 2) Introduce on first reading Ordinance No. 1735, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING AND AMENDING THE 2007 EDITIONS OF THE
CALIFORNIA BUILDING CODE WITH APPENDIX CHAPTER 1,
APPENDICES C, I, AND J, AND THE CALIFORNIA ELECTRICAL CODE
AND ADOPTING THE 2007 EDITIONS OF THE CALIFORNIA
MECHANICAL, PLUMBING, EXISTING BUILDING, AND ENERGY
CODES, AND THE 1997 EDITION OF THE UNIFORM HOUSING CODE;"
3) Introduce on first reading Ordinance No. 1736, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING ARTICLE VI TO
CHAPTER 8.04 AND REPEALING CHAPTER 11.02 OF THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO THE ADOPTION AND
AMENDMENT OF THE CALIFORNIA FIRE CODE, 2007 EDITION;" and
4) Adopt Resolution No. 22156, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING
THAT CERTAIN LOCAL CONDITIONS REQUIRE AMENDMENTS,
ADDITIONS AND DELETIONS TO THE CALIFORNIA BUILDING
STANDARDS CODE, 2007 EDITION, AND THE CALIFORNIA FIRE
CODE, 2007 EDITION," amending the ordinance to include the 1,500
GPM or 3,600 square feet in total gross floor area, and deleting the
requirement in Subpart 17 of Section 8.04.510 for Subterranean and
above ground structures to provide 8 feet 6 inches of vertical clearance.
Motion Councilmember Weigel, seconded by Councilmember
Hutcheson and unanimously carried on a roll call vote.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., and 2.C. Motion Councilmember Mills,
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 February 13,
2008, City Council Agenda. Approved as part of the Consent Calendar.
2.13. STAFF AUTHORIZED AGREEMENTS FOR JANUARY 1 THROUGH
JANUARY 31, 2008,
ACTION: Receive and file the Staff Authorized Agreements covering the
period January 1 through January 31, 2008. Approved as part of the
Consent Calendar.
City Council Minutes
February 13, 2008
Page 7
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: Adopt Resolution No. 22157, "A RESOLUTION OF THE CITY
COUNCIL OF THE. CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 01-26-08 BY WARRANTS NUMBERED 412988 THROUGH
413042 TOTALING $90,438.13, LIABILITY CHECKS NUMBERED
1026157 THROUGH 1026178 TOTALING $142,561.69, THREE WIRE
TRANSFERS FOR $60,882.15, AND THREE ELECTRONIC ACH
DEBITS OF $1,095,421.43, IN THE AGGREGATE AMOUNT OF
$1,389,303.40 DRAWN ON BANK OF AMERICA." Approved as part of
the Consent Calendar.
EXCLUDED CONSENT CALENDAR: None.
4. UNFINISHED BUSINESS:
Mayor Pro Tern Foat stated she has a property ownership related conflict of
interest with respect to Item 4.A., would not participate in the discussion or the
vote and left Council Chamber.
4.A. FINAL MAP 31104 AND A SUBDIVISION IMPROVEMENT
AGREEMENT WITH SPANISH INN, INC., FOR A ONE LOT TRACT
MAP FOR CONDOMINIUM PURPOSES LOCATED AT 640 NORTH
INDIAN CANYON DRIVE:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated February 13, 2008.
Councilmember Mills requested staff address the possibility of the
vacation of streets and the moving of walls to the new property line.
ACTION: 1) Adopt Resolution No. 22159 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING FINAL MAP 31104 FOR PROPERTY LOCATED AT 640
NORTH INDIAN CANYON DRIVE, AND APPROVING A SUBDIVISION
IMPROVEMENT AGREEMENT WITH SPANISH INN, INC.;" and 2)
Authorize the City Manager to execute all necessary documents. A5618.
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 Pougnet.
NOES: None.
ABSENT: Mayor Pro Tem Foat.
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City Council Minutes
February 13, 2008
Page 8
Mayor Pro Tern Foat returned to the dais.
4.B. PROPOSITION 218 ELECTION FOR VARIOUS CITYWIDE STREET
LIGHTING AND PARKWAY MAINTENANCE DISTRICTS, FISCAL
YEAR 2008-09:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated February 13, 2008.
The City Council discussed and/or commented on the following with
respect to the Landscape and Lighting Districts: safety concerns with the
removal of lights on Belardo and impacts to Downtown, the disposition of
a District after abandonment, removal of light standards, cost
responsibilities for the removal of lights and/or landscaping, reduction in
services, working with the property owners regarding maintenance of
landscaping, and impacts caused by the reduction in landscaping.
ACTION: 1) Adopt Resolution No. 22160, "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 NO. 8"; 2) Adopt Resolution No. 22161, "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. 8;" 3) Direct staff
to review and return with options for City lighting on Belardo Road; 4)
Direct staff to proceed with the abandonment of District No. 2; 5) Direct
staff to proceed with the abandonment of District No. 4 and for the City to
provide the current lighting; 6) Direct staff to discuss the maintenance of
trees in District No. 613, and the abandonment of the District; and 7) Direct
staff to proceed with the reduction of contract landscape maintenance in
District No. 7 to ensure the expenses in the District are within the levy.
Motion Councilmember Hutcheson, seconded by Councilmember
Weigel and carried 4-1 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor
Pro Tern Foat, and Mayor Pougnet.
NOES: Councilmember Mills.
5. NEW BUSINESS:
5.A, CONCEPTUAL PLANS FOR THE GENE AUTRY TRAIL GATEWAY
LANDSCAPING IMPROVEMENTS, CITY PROJECT 06-03:
Marcus Fuller, Assistant City Engineer, provided background information
as outlined in the staff report dated February 13, 2008.
City Council Minutes
February 13, 2008
Page 9
Councilmember Weigel requested staff address the number of plants that
are not desert plants.
Councilmember Hutcheson requested staff address the need for bocce
ball to secure funding, and questioned if the recreational activity will draw
elements from outside the neighborhood.
Councilmember Mills commented on the current appearance of the
property, and on the use and proposed amenities.
Mayor Pro Tern Foat commented on the bocce ball court, requested staff
address the lack of parking.
Councilmember Weigel commented on the proposed use, amenities, and
parking.
ACTION: 1) Approve the conceptual plans for parkway and median
landscaping of Gene Autry Trail, from Vista Chino to Via Escuela; 2)
Approve the conceptual plan for a Gateway Entry Sign; and 3) Approve
the conceptual plans for construction of a pocket park located at the
southwest corner of Gene Autry Trail and Vista Chino. Motion
Councilmember Mills, seconded by Councilmember Weigel and
unanimously carried on a roll call vote.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Mills requested staff address two-hour parking requirements on
Frontage Road near Canyon Sands and the Parker Hotel.
Councilmember Hutcheson requested staff address the roles and the responsibility of
the Coachella Valley Mosquito and Vector Control Board.
ADJOURNMENT: The City Council adjourned at 9:22 p.m. to a Regular Meeting,
Wednesday, February 20, 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 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
20Xu DAY OF FEBRUARY, 2008.
STEPHEN POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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