HomeMy WebLinkAbout2007-11-14 CC MINUTES CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MINUTES
WEDNESDAY, NOVEMBER 14, 2007
City Hall Council Chamber
CALL TO ORDER: Mayor Oden called the meeting to order at 6:04 p.m.
PLEDGE OF ALLEGIANCE: Councilmember McCulloch led the Pledge.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember McCulloch, Councilmember
Mills, Mayor Pro Tern Pougnet, and Mayor Oden.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
The City Council and community commended the outgoing Elected Officials Mayor
Oden and Councilmember McCulloch, thanked them for their service and presented
them the key to the City.
The City Council recessed at 7:00 p.m. for a reception for the outgoing Elected Officials.
The City Council reconvened at 7:25 p.m.
Fire Chief Blake Goetz, Mayor Oden and the City Council announced the
commissioning of a new 105' Pierce Quantum Aerial Ladder Truck No. 442.
PUBLIC COMMENT:
WENDIE BUSIG-KOHN, Palm Springs, thanked the outgoing elected officials for their
service to the community.
TOM SWANN, Rancho Mirage, thanked the outgoing elected officials for their service to
the community, and commented on the Veteran's Day Parade.
JOY MEREDITH, Palm Springs, thanked the outgoing elected officials for their service
to the community, and commented on the Children's Banner Program.
City Council Minutes
November 14, 2007
Page 2
REPORT OF CLOSED SESSION: City Attorney Holland stated that at 4:30 p.m. the
meeting was called to order and the City Council recessed into Closed Session to
discuss items on the posted Closed Session Agenda. The City Council gave direction to
Legal Counsel with respect to Item 4.A. on the Closed Session Agenda, no reportable
actions were taken.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated staff has requested Item 2.B. be withdrawn and removed
from the Agenda.
Councilmember McCulloch noted his business related abstention on Item 2.C. Warrant
No. 1024275 and Item 5.E.
Councilmember Mills requested Item 2.17. be removed from the Consent Calendar for
separate discussion.
Mayor Oden commented on Item 2.G. and thanked all City Employees for their service.
ACTION: Accept the Agenda as amended. Motion Councilmember Foat, seconded
by Mayor Pro Tern Pougnet and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. INTERIM URGENCY ORDINANCE EXTENDING ORDINANCE NO. 1725
FOR A PERIOD OF 10 MONTHS AND 15 DAYS, PROHIBITING
TRANSPORTATION TERMINALS IN THE M-1
SERVICE/MANUFACTURING ZONE AND THE C-2 GENERAL
COMMERCIAL ZONE PENDING THE COMPLETION OF A STUDY OF
THE EFFECTS OF NEW TRANSPORTATION TERMINALS ON THE
RESIDENTS AND NEIGHBORHOODS OF THE CITY OF PALM
SPRINGS:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated November 14, 2007.
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
PAULA AUBURN, Palm Springs, spoke in support of the issuance of a
Conditional Use Permit and City Council oversight of this type of use in
residential zones.
GEORGE ZANDER, Palm Springs, stated the bus depot should be
located at the Palm Springs International Airport.
City Council Minutes
November 14, 2007
Page 3
No further speakers coming forward, the public hearing was closed.
ACTION: Waive reading of the Interim Urgency Ordinance and Adopt
Ordinance No. 1727, "AN INTERIM URGENCY ORDINANCE OF THE
CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING ORDINANCE
NO. 1725 FOR A PERIOD OF 10 MONTHS AND 15 DAYS,
PROHIBITING TRANSPORTATION TERMINALS IN THE M-1
SERVICE/MANUFACTURING ZONE AND THE C-2 GENERAL
COMMERCIAL ZONE PENDING THE COMPLETION OF A STUDY OF
THE EFFECTS OF NEW TRANSPORTATION TERMINALS ON THE
RESIDENTS AND NEIGHBORHOODS OF THE CITY OF PALM
SPRINGS." Motion Mayor Pro Tern Pougnet, seconded by Mayor
Oden and unanimously carried on a roll call vote.
I.B. AMEND THE SPRINGS SHOPPING CENTER PLANNED
DEVELOPMENT DISTRICT 291 ESTABLISHING A SPECIAL SIGN
DISTRICT LOCATED AT THE NORTHEAST CORNER OF GENE
AUTRY TRAIL AND EAST RAMON ROAD CASE NO. 5.0984 PD 291-A:
David Newell, Assistant Planner, provided background information as
outlined in the staff report dated November 14, 2007.
Mayor Oden requested staff address the similar signs at Lowes.
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
ALLEN HAYNIE, Representing Home Depot, requested the City Council
modify subsection c of Condition No. 5 to provide for an Anchor Tenant's
wall sign not-to-exceed 438 square feet.
JONATHAN DOTY, Representing The Springs Project, stated the sign
program that was approved was restricted from that of Destination
Ramon, and requested 1 1/2 feet for Major Tenant Sign Area.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills requested staff address the comparisons to
Destination Ramon Project, clarify the signage allowable for a Pad Tenant
not facing Ramon Road, commented that the Planning Commission was
not involved in the process, requested staff address the Code and
City Council Minutes
November 14, 2007
Page 4
consistency from project to project, requested staff address the difference
between a sign program and a sign district, and requested the Applicant
address the effects of a 30-day delay.
Councilmember McCulloch provided a history of the site, and stated his
support for the 1 112 feet of signage.
Mayor Pro Tern Pougnet requested clarification of the signage allowed for
the in-line tenants.
Councilmember Foat requested consistency between the projects,
commented on the long term large tenants and the sign challenges for the
smaller tenants as well.
Mayor Oden stated his support for the increase in size sign on Ramon,
and commented on asthetics and balance.
ACTION: 1) Adopt Resolution No. 22095 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE NO. 5.0984, PD 291-A, AMENDING PLANNED
DEVELOPMENT DISTRICT 291 FOR THE ESTABLISHMENT OF A
SPECIAL SIGN DISTRICT (SP 07-083) FOR THE SPRINGS SHOPPING
CENTER, LOCATED AT THE NORTHEAST CORNER OF GENE AUTRY
TRAIL AND EAST RAMON ROAD, ZONE M-1-P, SECTION 17"
amending the Conditions of Approval and the sign program approved as
submitted by the Applicant, to allow the Anchor Tenant a main sign on the
primary elevation of no more than six feet high and 440 square feet in
area, and ensure consistency of this sign program to that of the approved
sign program for the Destination Ramon Project; and 2) Direct Staff to
ensure a complete review of site plan, landscaping and architecture for the
fast food menu boards to provide they are screened from the back side.
Motion Councilmember Mills, seconded by Mayor Oden and
unanimously carried on a roll call vote.
1.C. ADOPTION OF THE 2007 CALIFORNIA FIRE AND BUILDING CODES:
ACTION: 1) Continue the public hearing to December 19, 2007; and 2)
Direct the City Clerk to post a Notice of Continued Public Hearing. Motion
Mayor Pro Tem Pougnet, seconded by Mayor Oden and unanimously
carried on a roll call vote.
The City Council recessed at 8:39 p.m.
The City Council reconvened at 8:45 p.m.
City Council Minutes
November 14, 2007
Page 5
COUNCILMEMBER COMMENTS AND REQUESTS:
Mayor Oden requested staff prepare an ordinance regulating charitable solicitations and
aggressive solicitations in public places.
Councilmember Foat announced the passing of Hal Stone.
CITY MANAGER'S REPORT: None.
The City Council recessed at 8:46 p.m. as the Community Redevelopment Agency.
The City Council reconvened at 8:55 p.m.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.C., 2.D., 2.E., 2.G., 2.H., 2.1., and 2.J. Motion
Councilmember Foat, seconded by Mayor Pro Tem Pougnet 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 November 14,
2007, City Council Agenda. Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: Adopt Resolution No. 22096, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1024234 THROUGH 1024434 IN THE AGGREGATE
AMOUNT OF $1,482,078.31 DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar, noting the business
related abstention of Councilmember McCulloch on Warrant No.
1024275.
2.11). AWARD OF CONTRACT FOR THE PALM SPRINGS SWIM CENTER
POOL REPAIRS PROJECT, CITY PROJECT 06-19:
ACTION: 1) Reject the apparent low bid submitted by Sipovac
Construction, Inc., as non-responsive; 2) Adopt Resolution No. 22097, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR
2007-08;" 3) Approve an agreement with Condor Inc., in the amount of
$259,400, for the Palm Springs Swim Center Pool Repairs Project, City
Project No. 06-19; and 4) Authorize the City Manager to execute all
necessary documents. A5579. Approved as part of the Consent
Calendar.
City Council Minutes
November 14, 2007
Page 6
2.E. CONTRACT SERVICES AGREEMENT WITH DOKKEN ENGINEERING
FOR THE BOGERT TRAIL BRIDGE REHABILITATION, FEDERAL
PROJECT BHLO 5282 (026), CITY PROJECT 07-03:
ACTION: 1) Approve an Agreement with Dokken Engineering for
environmental and civil engineering design services related to the Bogert
Trail Bridge Rehabilitation in the amount of $610,545, Federal Project
BHLO 5282 (026), City Project 07-03; and 2) Authorize the City Manager
to execute all necessary documents. A5580. Approved as part of the
Consent Calendar.
2.G. MEMORANDUM OF UNDERSTANDING WITH SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 721 REPRESENTING THE GENERAL
UNIT:
ACTION: 1) Adopt Resolution No. 22099, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO
WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT FOR EMPLOYEES IN THE SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 721 REPRESENTING THE GENERAL
UNIT, FOR THE PERIOD JULY 1, 2007, THROUGH JUNE 30, 2010,
SUBJECT TO THE UNIT'S RATIFICATION AND EXECUTING THE
MEMORANDUM OF UNDERSTANDING;" 2) Authorize the City Manager
to execute the Memorandum of Understanding in a form acceptable to the
City Attorney; 3) Adopt Resolution No. 22100, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE BUDGET FOR FISCAL YEAR 2007-08;" and 4) Adopt
Resolution No. 22101, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
AMENDMENT NO. 5 TO THE ALLOCATED POSITIONS AND
COMPENSATION PLAN ADOPTED BY RESOLUTION NO. 21907 FOR
FISCAL YEAR 2007-08." A5581. Approved as part of the Consent
Calendar.
2.1-1. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1724, AMENDING SUBSECTION (f) OF SECTION 2.06.010 AND
SECTION 2.16.020 OF THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO THE MEMBERSHIP OF THE INTERNATIONAL
AIRPORT COMMISSION:
ACTION: Waive further reading and adopt Ordinance No. 1724, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SUBSECTION (f) OF SECTION 2.06.010 AND SECTION
2.16.020 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
THE MEMBERSHIP OF THE INTERNATIONAL AIRPORT
COMMISSION." Approved as part of the Consent Calendar.
City Council Minutes
November 14, 2007
Page 7
2.1. CONTRACT SERVICES AGREEMENT WITH ALBERT GROVER AND
ASSOCIATES FOR TRAFFIC SIGNAL DESIGN SERVICES FOR
VARIOUS TRAFFIC SIGNAL IMPROVEMENT PROJECTS:
ACTION: 1) Approve an agreement with Albert Grover and Associates, in
the amount of $38,000 for the Sunrise Way at Alejo Road Traffic Signal
Modification, Palm Springs High School at Baristo Road Traffic Signal
Installation, City Project No. 07-13, and Sunrise Way at Mesquite Avenue
Traffic Signal Modification, City Project No. 07-14; and 2) Authorize the
City Manager to execute all necessary documents. A5582. Approved as
part of the Consent Calendar.
2.J. CONTRACT SERVICES AGREEMENT NO. 1 AND NO. 2 WITH LSA
ASSOCIATES, INC. FOR THE PREPARATION OF FOCUSED
ENTITLEMENT, CONTRACT PLANNING SERVICES,
ENVIRONMENTAL REVIEW AND TECHNICAL STUDIES FOR THE
PALM MOUNTAIN RESORT CASE NO. 5.1162 PD342:
ACTION: 1) Approve Agreement No. 1 and Agreement No. 2 with LSA
Associates, Inc., in the amount of $14,500 and $20,000 respectively, for
the preparation of focused entitlement, contract planning services, review
and technical studies for the Palm Mountain Resort Case No. 5.1162
PD342; and 2) Authorize the City Manager to execute Agreement No. 1
and Agreement No. 2. A5583. Approved as part of the Consent
Calendar.
EXCLUDED CONSENT CALENDAR:
2.B. CONTRACT WITH RIVERSIDE COUNTY FOR PEER REVIEW OF GEOLOGIC
FAULT HAZARD REPORT PURSUANT TO THE ALQUIST-PRIOLO
EARTHQUAKE FAULT ZONING ACT:
ACTION: Withdrawn from the Agenda at the request of staff.
2.F. RENEWAL OF EXCESS EARTHQUAKE AND FLOOD INSURANCE
COVERAGE THROUGH DAVIS AND GRAEBER INSURANCE SERVICES
INC:
ACTION: 1) Adopt Resolution No. 22098, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
EXCESS EARTHQUAKE/FLOOD INSURANCE COVERAGE IN THE AMOUNT
OF $22.5 MILLION AT A COST NOT-TO-EXCEED $541,407 FOR POLICY
YEAR 2007-08." Motion Mayor Pro Tem Pougnet, seconded by
Councilmember Foat and unanimously carried on a roll call vote.
3. LEGISLATIVE: None.
City Council Minutes
November 14, 2007
Page 8
4. UNFINISHED BUSINESS:
4.A. PROPOSED ORDINANCE REGULATING STREET LEVEL OFFICE
USES AND FINANCIAL INSTITUTIONS IN CERTAIN PORTIONS OF
THE C-B-D ZONE CASE NO. 5.1173:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated November 14, 2007.
ACTION: 1) Waive reading of the ordinance text and introduce by title
only; 2) Introduce on first reading Ordinance No. 1728, "AN ORDINANCE
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SUBSECTION A-37 AND PARAGRAPH 1-0 OF SUBSECTION C OF
SECTION 92.09.01, AND REPEALING SUBSECTION D-11 OF SECTION
92.09.01 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO
STREET LEVEL OFFICE USES AND FINANCIAL INSTITUTIONS IN
CERTAIN PORTIONS OF THE C-B-D ZONE" amending Section 5 of the
ordinance to allow a planned Financial Institution developed within the
Rael Project Planned Development District PDD 324, approved by the City
Council via Resolution No. 21724. Motion Councilmember Foat,
seconded by Councilmember McCulloch and carried 4-1 on a roll call
vote.
AYES: Councilmember Foat, Councilmember McCulloch,
Councilmember Mills, and Mayor Oden.
NOES: Mayor Pro Tern Pougnet.
5. NEW BUSINESS:
5.A. EXCLUSIVE AGREEMENT TO NEGOTIATE WITH THE DESERT
COMMUNITY COLLEGE DISTRICT FOR A 115 ACRE SITE LOCATED
AT THE NORTHWEST CORNER OF TRAMVIEW ROAD AND NORTH
INDIAN CANYON DRIVE FOR THE WEST VALLEY EDUCATION
CENTER OF COLLEGE OF THE DESERT:
City Manager Ready provided background information as outlined in the
staff report dated November 14, 2007.
ACTION: Adopt Resolution No. 22102, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY• OF PALM SPRINGS, CALIFORNIA,
APPROVING AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH THE
DESERT COMMUNITY COLLEGE DISTRICT FOR A 115 ACRE SITE
LOCATED AT THE NORTHWEST CORNER OF TRAMVIEW ROAD AND
NORTH INDIAN CANYON DRIVE FOR THE WEST VALLEY
EDUCATION CENTER OF COLLEGE OF THE DESERT." A5584. Motion
City Council Minutes
November 14, 2007
Page 9
Councilmember McCulloch, seconded by Mayor Oden and
unanimously carried on a roll call vote.
5.13. DEPARTMENT OF AVIATION ORGANIZATIONAL MODIFICATIONS:
Thomas Nolan, Executive Director of Aviation, provided background
information as outlined in the staff report dated November 14, 2007.
ACTION: Adopt Resolution No. 22103, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AMENDMENT NO. 4 TO THE ALLOCATED POSITIONS
AND COMPENSATION PLAN, ADOPTED BY RESOLUTION 21907."
Motion Councilmember Foat, seconded by Mayor Pro Tern Pougnet
and unanimously carried on a roll call vote.
5.C. AMENDMENT NO. 1 TO THE SOLID WASTE MANAGEMENT
AGREEMENT WITH PALM SPRINGS DISPOSAL SERVICES TO
IMPLEMENT A SINGLE STREAM RECYCLING PROGRAM:
City Manager Ready provided background information as outlined in the
staff report dated November 14, 2007.
The City Council discussed and/or commented on the type of vehicles
being proposed for service as being alternative fuel.
ACTION: 1) Approve Amendment No. 1 to the Solid Waste Management
Agreement with Palm Springs Disposal Services instituting a new program
for single stream recycling; and 2) Authorize the City Manager to execute
Amendment No. 1 to the Agreement. A4727. Motion Mayor Pro Tern
Pougnet, seconded by Mayor Oden and unanimously carried on a
roll call vote.
5.1). AMENDMENT NO. 2 TO THE SOLID WASTE MANAGEMENT
AGREEMENT WITH PALM SPRINGS DISPOSAL SERVICES:
City Manager Ready provided background information as outlined in the
staff report dated November 14, 2007.
The City Council discussed and/or commented on the computation and
rate of the CPI adjustment and the location of the Household Hazardous
Waste Facility.
MOTION: Approve Amendment No. 2 to the Solid Waste Agreement with
Palm Springs Disposal Services extending the term of the agreement by
two-years, modifying the adjustment methodology for residential and
commercial service fees, changing certain other provisions related to
service fees amending Section 2 of the Amendment for the location of the
Household Hazardous Waste Facility to be determined; and 2) Authorize
City Council Minutes
November 14, 2007
Page 10
the City Manager to execute Amendment No. 2 to the Agreement. A4727.
Motion Councilmember McCulloch, seconded by Mayor Oden and
failed 2-3 on a roll call vote.
AYES: Councilmember McCulloch and Mayor Oden.
NOES: Councilmember Foat, Councilmember Mills, and Mayor Pro
Tem Pougnet.
ACTION: 1) Approve Amendment No. 2 to the Solid Waste Agreement
with Palm Springs Disposal Services extending the term of the agreement
by two-years, modifying the adjustment methodology for residential and
commercial service fees and changing certain other provisions related to
service fees amending Section 2 of the Amendment for the location of the
Household Hazardous Waste FacilitV to be determined and Section 5 of
the Amendment to provide a CPI Rate Adiustment not to exceed four
percent (4%); and 2) Authorize the City Manager to execute Amendment
No. 2 to the Agreement. A4727. Motion Councilmember Mills,
seconded by Mayor Oden and carried 3-2 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, and Mayor
Oden.
NOES: Councilmember McCulloch and Mayor Pro Tern Pougnet.
Councilmember McCulloch stated he has a conflict of interest with respect to
Item 5.E., would not participate in the discussion or the vote and left Council
Chamber.
S.E. PALM SPRINGS STADIUM CONCERT POLICY:
Sharon Heider, Director of Parks and Recreation, provided background
information as outlined in the staff report dated November 14, 2007.
ACTION: Direct staff to prepare a resolution amending the existing policy
to allow for limited types of concerts, particularly those intended for youth,
to be held at the Palm Springs Stadium under certain conditions. Motion
Mayor Pro Tern Pougnet, seconded by Councilmember Mills and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Pougnet, and Mayor Oden.
NOES: None.
ABSENT: Councilmember McCulloch.
Councilmember McCulloch returned to the dais.
City Council Minutes
November 14, 2007
Page 11
COUNCILMEMBER COMMENTS AND REPORTS:
Mayor Oden commented on the events and activities attended by the Mayor's Office.
ADJOURNMENT: The City Council adjourned at 9:46 p.m., in memory of Morris ftht
and Hal Stone, to a Regular Meeting, Wednesday, December 5, 2007, 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
12TH DAY OF DECEMBER, 2007.
MAYOR
ATTEST:
c�"(ty Clerk