HomeMy WebLinkAbout12/12/2007 - STAFF REPORTS - 2.B. CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
01
MINUTES
WEDNESDAY, NOVEMBER 7, 2007
City Hall Council Chamber
CALL TO ORDER: Mayor Oden called the meeting to order at 6:04 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Duane Cox, Retired Religious Science Minister, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember McCulloch, Councilmember
Mills, Mayor Pro Tem Pougnet, and Mayor Oden.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Altorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Oden and the City Council presented a Certificate of Commendation to Police
Chief Gary Jeandron for his 30-plus years of service, and wished him well on his
retirement.
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. No reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
Mayor Pro Tern Pougnet requested Items 2.P. and 2.Q. be removed from the Consent
Calendar for separate discussion.
Councilmember Foat requested Items 2.P. and 2.0. be removed from the Consent
Calendar for separate discussion.
Councilmember McCulloch requested Item 2.F. be removed from the Consent Calendar
for separate vote.
ITEM NO. ' '
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November 7, 2007
Page 2
Councilmember Mills requested Item 2.N. be removed from the Consent Calendar for
separate discussion.
City Clerk Thompson stated staff requests Item 2.G. be removed from the Consent
Calendar for a staff update.
ACTION: Accept the Agenda as amended. Motion Mayor Pro Tern Pougnet,
seconded by Councilmember Mills and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. CASE 5.1173 PALM SPRINGS ZONING CODE AMENDMENT
RELATING TO STREET LEVEL OFFICE USES AND FINANCIAL
INSTITUTIONS IN CERTAIN PORTIONS OF THE C-B-D ZONE:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated November 7, 2007.
Councilmember Foat requested staff address if the La Plaza location was
subject to the ordinance.
Councilmember Mills requested staff address the definition of fronting,
whether a Type 1 or Type 2 Conditional Use Permit is required, and the
process for review of the Conditional Use Permit after issuance.
Councilmember McCulloch requested staff address if a beauty salon is
regulated by the proposed ordinance.
Mayor Oden opened the public hearing, and the following speaker
addressed the City Council.
MARTHA HIGGINS, Wessman Development, stated her support for an
office use on Tahquitz Canyon, and commented on the "grandfathering" of
those already on Palm Canyon.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills requested staff address frontage v. access and
requested that frontage be included in the ordinance.
Councilmember McCulloch requested staff address the Conditional Use
Permit process for the proposed regulations, and commented on the
impacts to proposed tenants.
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Mayor Pro Tern Pougnet stated he is not in support of the proposed
ordinance, as with the condition of Downtown it would not be a good time
for the regulations.
Councilmember Mills commented on the monitoring of the vacancies in
the downtown area, and requested that the Conditional Use Permit be
issued for no more than 5 years, and renewable thereafter for another five
years, with no fee.
Councilmember Foat requested staff address the differences between the
ordinance as drafted by the City Attorney and the recommendations by the
Planning Commission.
MOTION: Waive reading of the Ordinance text and introduce by title only
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 92.09.01 OF THE PALM SPRINGS ZONING
CODE RELATING TO STREET LEVEL OFFICE USES AND FINANCIAL
INSTITUTIONS IN CERTAIN PORTIONS OF THE C-B-D ZONE." Motion
Councilmember Mills, seconded by Mayor Oden and failed 2-3 on a
roll call vote.
AYES: Councilmember Mills and Mayor Oden.
NOES; Councilmember Foat, Councilmember McCulloch, and
Mayor Pro Tern Pougnet.
ACTION: Direct staff to prepare an ordinance that would prohibit ground
floor office and financial uses oriented towards Palm Canyon Drive and
allow such uses on Street level through a Land Use Permit. 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.
I.B. CASE 5.1038, PLANNED DEVELOPMENT DISTRICT 310, VIA
ESCUELA LAND PARTNERS, LLC, APPEAL OF THE DECISION OF
THE. PLANNING COMMISSION TO DENY A MODIFICATION TO THE
FINAL DEVELOPMENT PLANS TO ALLOW INSTALLATION OF AN
ENTRY GATE AND TURN-AROUND AT 217 VIA ESCUELA:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated November 7, 2007.
Mayor Oden opened the public hearing, and the following speaker
addressed the City Council.
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MARK DUPONT, Applicant, thanked staff for working with the Applicant
and working with the revisions.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills stated the project would not qualify for a gated entry,
and as such was allowed more units.
Mayor Pro Tem Pougnet stated he would support the appeal, as the
property is a unique piece of property.
Mayor Oden stated it is a challenging piece of property and the revisions
make for a safer community.
ACTION: Adopt Resolution No. 22084, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
OVERTURNING THE DECISION OF THE PLANNING COMMISSION
AND GRANTING THE APPEAL OF VIA ESCUELA LAND PARTNERS,
LLC, APPROVING AN AMENDMENT TO PLANNED DEVELOPMENT
DISTRICT PD-310 ALLOWING THE INSTALLATION OF AN ENTRY
GATE AND TURN-AROUND FOR THE CONDOMINIUM
DEVELOPMENT LOCATED AT 217 VIA ESCUELA, ZONE PD-310,
SECTION 3." Motion Councilmember Mills, seconded by
Councilmember McCulloch and unanimously carried on a roll call
vote.
1.C. CASE SP-07-112, JESSE DANNER, SNIP SNIP BUZZ, APPEAL OF
THE DECISION OF THE PLANNING COMMISSION APPROVING, WITH
CONDITIONS, A SIGN PROGRAM ESTABLISHING INDIVIDUAL
TENANT SIGNAGE, BUILDING IDENTIFICATION SIGNAGE, AN
ACCESSORY SIGN, AND AN OPEN SUNDAY SIGN AT PROPERTY
LOCATED AT 373 SOUTH PALM CANYON DRIVE:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated November 7, 2007.
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
JESSE DANNER, Applicant, provided history of the signage for the use of
a barber shop and the businesses at the specific location, outlined lost
businesses in the City due to their rules with respect to signs.
DONALD PRELL, Palm Springs, stated the City must project for the next
30 years, as the City will be small business owners/shops in the future-
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ARLENE BATTISHILL, commented on the businesses leaving the
downtown area.
No further speakers coming forward, the public hearing was closed.
Councilmember Foat commented on the Applicant's compliance with the
City's request, the request of the Applicant to allow the difference in
square footage and an additional sign, "Open Sunday."
Mayor Pro Tern Pougnet requested the Applicant address his compromise
to reduce the sign, commented on the differences in the downtown area,
stated his support of the request if the neon sign is reduced as mentioned
by the Applicant.
Councilmember Mills commented on the prior actions of the Applicant, and
stated if we make a modification for this business, we need to make it for
other businesses as well.
Councilmember McCulloch commented on the history of the sign program
for this building, stated the location is different than the business district,
and requested staff address the discussion and decision of the
Architectural Advisory Committee.
Mayor Oden requested staff address the process of opening a business in
the City of Palm Springs, sign programs for single tenant buildings, and
the history of the current sign ordinance.
Councilmember Foat stated each building applies and sets up their own
sign program, commented on Code Enforcement, the difficulties of
businesses in the Downtown area, and stated we need some relief for the
Downtown merchants.
Councilmember McCulloch stated the sign program is very similar to the
Planned Development District program, and the signs are advertising.
Councilmember Mills requested staff address the posting of rates within
the current sign ordinance, prohibition of neon signs Downtown, the
requirements of an in-line business, the policy for an "open" sign,
commented on windows for unregulated advertising and enforcement of
the sign ordinance.
Mayor Pro Tem Pougnet stated we are not modifying the sign ordinance,
this option was offered to the Applicant, and commented the location of
the store is different than the central business district.
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ACTION: 1) Approving the Appeal requiring the removal of the "rate" in
the existing neon sign; and 2) Direct staff to prepare a resolution as such
memorializing the proceedings. Motion Councilmember Foat,
seconded by Mayor Pro Tern Pougnet and carried 3-2 on a roll call
vote.
AYES: Councilmember Foat, Councilmember McCulloch, and
Mayor Pro Tern Pougnet.
NOES: Councilmember Mills and Mayor Oden.
The City Council recessed at 7:56 p.m.
The City Council reconvened at 8:11 p.m.
PUBLIC COMMENT:
JOHN GOODRICH, spoke in opposition to Item 2.P. and 2.Q., Boulders and Crescendo
Projects.
WALTER BAUTTHOFF, spoke in opposition to Item 2.P. and 2.0., Boulders and
Crescendo Projects, and requested the City Council reopen the public hearing.
RODNEY DREW, spoke in opposition to Item 2.P. and 2.Q., Boulders and Crescendo
Projects, and commented on the statement of overriding considerations.
CLINT TAYLOR spoke in opposition to Item 2.P. and 2.Q., Boulders and Crescendo
Projects.
SOLANGE TAYLOR spoke in opposition to Item 2.P., Boulders Project, and requested
a Condition of Approval with respect to simultaneous building.
ROBERT STONE, commented on Item 4.A., improvements to the Rainmaker Fountain,
and requested the City Council consider the Public Arts Commission recommendation.
DAVID AIKEN, Palm Springs, commented on Item 4.A., requested the City Council
authorize the repairs to the Rainmaker Fountain and stated funds will be provided to
help fund the repairs.
FRANK GAYDOS, spoke in opposition to Item 2.Q., Crescendo Project, and requested
a written statement that the date of the second NOD will be the date to start the 30-day
period.
WESLEY COLE, commented on conservation issues, and problems with banners.
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LEA GOODSELL, read a letter in support of Item 2.R., sponsorship of the Bob Hope
Chrysler Classic Tournament.
ARLENE BATTISHILL, commented on the November 6, 2007, election.
EMILY HEMPHILL, spoke in support of Items 2.P. and 2.Q. Boulders and Crescendo
Projects,
COUNCILMEMBER COMMENTS AND REQUESTS:
Mayor Oden commented on the November 6, 2007, election and provided his
congratulations to the newly Elected Officials.
CITY MANAGER'S REPORT: None.
The City of Palm Springs Community Redevelopment Agency convened at 8:48 p.m. for
a Joint Public Hearing with the City Council and the Agency.
Councilmember Mills stated he has a business related conflict of interest with respect to
Item RA1., would not participate in the discussion or the vote, and left Council Chamber.
RA1. DISPOSITION AND DEVELOPMENT AGREEMENT WITH LOFT PARTNERS
PALM SPRINGS, LLC, ON 7.8 ACRES AT THE EAST SIDE OF CALLE
ALVARADO AND THE NORTH SIDE OF AMADO ROAD FOR THE
DEVELOPMENT OF THE MONDRIAN HOTEL,:
ACTION: 1) Continue the Public Hearing; and 2) Direct the City Clerk to re-notice
the Public Hearing. Motion Mayor Pro Tern Pougnet, seconded by Mayor
Oden and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember McCulloch Mayor Pro Tern
Pougnet, and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills.
The City Council recessed at 8:49 p.m, and the Community Redevelopment Agency
continued, Agency Member Mills returned to the dais.
The City Council reconvened at 8:52 p.m.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.H., 2J., 2.J., 2.K., 21.,
2.M., 2.0., 2.R. and 2.5. Motion Mayor Pro Tem Pougnet, seconded by
Councilmember McCulloch and unanimously carried on a roll call vote.
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2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the November 7,
2007, City Council Agenda. Approved as part of the Consent Calendar.
2.8. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of October 17, 2007, and
October 24, 2007- Approved as part of the Consent Calendar,
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22085, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1023905 THROUGH 1024208 IN THE AGGREGATE
AMOUNT OF $2,059,024.57 DRAWN ON BANK OF AMERICA;" and 2)
Adopt Resolution No. 22086, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYROLL WARRANTS FOR THE PERIOD ENDED 10-20-07 BY
WARRANTS NUMBERED 412599 THROUGH 412662 TOTALING
$108,427,84, LIABILITY CHECKS NUMBERED 1024209 THROUGH
1024231 TOTALING $139,954.15, THREE WIRE TRANSFERS FOR
$60,494.30 AND THREE ELECTRONIC ACH DEBITS OF $1,027,855.14
IN THE AGGREGATE AMOUNT OF $1,336,731.43 DRAWN ON BANK
OF AMERICA-," and 3) Adopt Resolution No. 22087, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1024232 AND 1024233 IN THE AGGREGATE AMOUNT OF
$6,721.56 DRAWN ON BANK OF AMERICA." Approved as part of the
Consent Calendar.
2.13. STAFF AUTHORIZED AGREEMENTS FOR OCTOBER 2007:
ACTION: Receive and file Staff Authorized Agreements covering the
period October 1 through October 31, 2007. Approved as part of the
Consent Calendar.
2.E. PURCHASE OF SIX QUASAR UMBRELLAS FROM BIRDAIR FOR THE
RENTAL CAR LOT EXPANSION AT THE PALM SPRINGS
INTERNATIONAL AIRPORT IN THE AMOUNT OF $118,472:
ACTION: Approve the purchase and installation of six Quasar umbrellas
from Birdair for the rental car lot expansion project at the Palm Springs
International Airport in the amount of $118,472, as a sole source with
special expertise for matching the existing umbrellas. Approved as part
of the Consent Calendar.
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November 7, 2007
Page 9
2.H. TREASURER'S INVESTMENT REPORT AS OF SEPTEMBER 30, 2007:
ACTION: Receive and File the Treasurer's Investment Report as of
September 30, 2007. Approved as part of the Consent Calendar.
2.1. APPROVE PLANS, SPECIFICATIONS AND ESTIMATE AND
AUTHORIZATION TO BID THE VILLAGEFEST BOLLARD
INSTALLATION PROJECT PHASE 11, CITY PROJECT 05-25:
ACTION: 1) Approve the Plans, Specifications, and working details for the
VillageFest Bollard Installation Project Phase 11, City Project 05-25; and 2)
Authorize staff to advertise and solicit bids. Approved as part of the
Consent Calendar.
2.J. AMENDMENT NO. 5 TO AGREEMENT NO. A4317 WITH COACHELLA
VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) ALLOCATING
AN ADDITIONAL $340,720 IN REGIONAL MEASURE A FUNDS AND
AMENDING THE TOTAL PROJECT COST TO $16,693,563 FOR THE.
INDIAN AVENUE/INTERSTATE 10 INTERCHANGE, CITY PROJECT
00-14:
ACTION: 1) Approve Amendment No. 5 to Agreement No. A4317 with
CVAG allocating an additional $340,720 in Regional Measure A Funds
and amending the total project cost to $16,693,563 for the Indian
Avenue/Interstate 10 Interchange, City Project 00-14; and 2) Authorize the
City Manager to execute all necessary documents. A4317. Approved as
part of the Consent Calendar.
2.K. NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT WITH
SOUTHERN CALIFORNIA EDISON FOR AN ELECTRIC SUBSTATION
AT THE PALM SPRINGS INTERNATIONAL AIRPORT:
ACTION: 1) Approve a non-exclusive operating and lease agreement with
Southern California Edison for an electric substation at the Palm Springs
International Airport through November 30, 2026; and 2) Authorize the
City Manager to execute all necessary documents. A5577. Approved as
part of the Consent Calendar.
21. CHANGE ORDER NO. 2 TO AGREEMENT NO. A5433 WITH MARINA
LANDSCAPE, INC. FOR ADDITIONAL LANDSCAPE/HARDSCAPE
WORK ON THE AIRPORT HOLDROOM PROJECT, IN THE AMOUNT
OF $77,632.69, CITY PROJECT 06-22;
ACTION: 1) Approve Change Order No. 2 to Agreement No. A5433 with
Marina Landscape, Inc. for additional landscape/hardscape work on the
airport holdroom project, in the amount of $77,632.69; and 2) Authorize
the City Manager to execute all necessary documents. A5433. Approved
as part of the Consent Calendar.
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2.M. AMENDMENT NO. 13 TO AGREEMENT NO. A4382 WITH GENSLER
ARCHITECTURAL SERVICES FOR ADDITIONAL AIRPORT TERMINAL
DESIGN SERVICES FOR THE PHASE II TERMINAL
REHABILITATION/ENHANCEMENT PROGRAM IN THE AMOUNT OF
$105,900:
ACTION: 1) Approve Amendment No. 13 to Agreement No. A4382 with
Gensler Architectural Services in an amount not to exceed $105,900 for
additional airport terminal design services for the Phase II Terminal
Rehabilitation/Enhancement Program, AIP 43; and 2) Authorize the City
Manager to execute the Amendment to the Agreement. A4382. Approved
as part of the Consent Calendar.
2.0. PROPOSITION 218 ELECTION AND BALLOTING FOR VARIOUS
CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE
DISTRICTS FOR FISCAL YEAR 2008-09:
ACTION: 1) Adopt Resolution No. 22088, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, INITIATING
PROCEEDINGS FOR A PROPOSED ASSESSMENT INCREASE FOR
PROPERTIES WITHIN STREET LIGHTING MAINTENANCE DISTRICT
NO. 1 BELARDO ROAD AREA, AND STREET LIGHTING
MAINTENANCE DISTRICT NO. 2 MCMANUS DRIVE, COMMENCING IN
FISCAL YEAR 2008-09;" 2) Adopt Resolution No. 22089, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DECLARING THE CITY'S INTENTION TO
PROPOSE AN INCREASE TO THE ASSESSMENTS FOR PROPERTIES
WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 1
BELARDO ROAD AREA, AND STREET LIGHTING MAINTENANCE
DISTRICT N0. 2 MCMANUS DRIVE, COMMENCING IN FISCAL YEAR
2008-09; AND CALLING FOR A PROPERTY OWNER PROTEST
BALLOT PROCEEDING FOR SAID ASSESSMENT INCREASES;" 3)
Adopt Resolution No. 22090, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, INITIATING
PROCEEDINGS FOR A PROPOSED ASSESSMENT INCREASE FOR
PROPERTIES WITHIN STREET LIGHTING MAINTENANCE DISTRICT
NO. 4 EAGLE WAY AREA, COMMENCING IN FISCAL YEAR 2008-09;"
4) Adopt Resolution No. 22091, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING THE CITY'S INTENTION TO PROPOSE AN INCREASE TO
THE ASSESSMENTS FOR PROPERTIES WITHIN STREET LIGHTING
MAINTENANCE DISTRICT NO. 4 EAGLE WAY AREA, COMMENCING
IN FISCAL YEAR 2008-09; AND CALLING FOR A PROPERTY OWNER
PROTEST BALLOT PROCEEDING FOR SAID ASSESSMENT
INCREASE;" 5) Adopt Resolution No. 22092, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
INITIATING PROCEEDINGS FOR A PROPOSED ASSESSMENT
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INCREASE FOR PROPERTIES WITHIN PARKWAY MAINTENANCE
DISTRICT NO. 6B PARKSIDE ESTATES, PARKWAY MAINTENANCE
DISTRICT NO. 7 SUNRISE NORTE, AND PARKWAY MAINTENANCE
DISTRICT NO. 8 VINTAGE PALMS, COMMENCING IN FISCAL YEAR
2008-09;" and 6) Adopt Resolution No. 22093, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING THE CITY'S INTENTION TO PROPOSE AN INCREASE TO
THE ASSESSMENTS FOR PROPERTIES WITHIN PARKWAY
MAINTENANCE DISTRICT NO. 6B PARKSIDE ESTATES, PARKWAY
MAINTENANCE DISTRICT NO. 7 SUNRISE NORTE, AND PARKWAY
MAINTENANCE DISTRICT NO. 8 VINTAGE PALMS, COMMENCING IN
FISCAL YEAR 2008-09; AND CALLING FOR A PROPERTY OWNER
PROTEST BALLOT PROCEEDING FOR SAID ASSESSMENT
INCREASES." Approved as part of the Consent Calendar.
2.R. REAFFIRMATION OF SPONSORSHIP AGREEMENT WITH BOB HOPE
CHRYSLER CLASSIC TOURNAMENTS:
ACTION: 1) Approve the agreement with the Bob Hope Chrysler Classic
for sponsorship of the 2007-09 Bob Hope Chrysler Classic Tournaments;
and 2) Authorize the City Manager to execute all necessary documents.
A5402. Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1723,
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE CITY OF PALM
SPRINGS COMMUNITY FACILITIES DISTRICT NO, 2007-1, PUBLIC SAFETY
SERVICES:
ACTION: Waive further reading and adopt Ordinance No. 1723, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
THE LEVY OF A SPECIAL TAX WITHIN THE CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY
SERVICES)." Motion Mayor Pro Tern Pougnet, seconded by Councilmember
Mills and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Pougnet, and Mayor Oden.
NOES: Councilmember McCulloch.
2.G. 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:
City Manager Ready provided information received from the cities that appoint
members.
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ACTION: Re-introduce 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" amending Subsection a of Section
2.16.020 to read ". . , nine members, each appointed by the Palm Springs City
Council from candidates nominated by each of the city councils . . ." Motion
Mayor Pro Tern Pougnet, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
2.N. SUMMARY VACATION OF A PORTION OF VIA MIRALESTE IN SECTION 11,
TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R-07-003:
Councilmember Mills recommended Lhis Item be brought forward in conjunction
with the Final Map.
ACTION: Direct staff to summary vacate the portion of Via Miraleste as a
Condition of the Final Map. Motion Mayor Pro Tern Pougnet, seconded by
Councilmember McCulloch and unanimously carried on a roll call vote.
2.P. CASE NO. TTM 31095 ("BOULDERS") A PROPOSED TENTATIVE TRACT
MAP TO SUBDIVIDE AN APPROXIMATE 30.4 ACRE SITE INTO 45 SINGLE-
FAMILY RESIDENTIAL LOTS AND THREE LETTERED LOTS LOCATED
ALONG WEST VIA ESCUELA, SOUTH OF RACQUET CLUB ROAD AND
NORTH OF CHINO CANYON ROAD, (WESSMAN DEVELOPMENT
COMPANY):
Mayor Pro Tem Pougnet requested the City Attorney address the Notice of
Determination, and clarification of the adoption of the previous resolutions and
documents.
Councilmember Foat commented on the previous public hearing and requested
the City Council postpone the final vote for one additional week.
Mayor Oden requested the City Attorney outline the modifications.
Councilmember Mills addressed the time spent by the City Council on the EIR
and FEIR.
ACTION: Re-adopt Resolution No. 22063, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CERTIFYING A
FINAL ENVIRONMENTAL IMPACT REPORT (FEIR), ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS, AND APPROVING
TENTATIVE TRACT MAP 31095 (TTM 31095), FOR THE SUBDIVISION OF AN
APPROXIMATE 30.4-ACRE SITE INTO 45 SINGLE-FAMILY RESIDENTIAL
LOTS AND THREE LETTERED LOTS FOR THE PROPERTY LOCATED
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ALONG WEST VIA ESCUELA, SOUTH OF RACQUET CLUB ROA❑ AND
NORTH OF CHINO CANYON ROAD, ZONE R-1-A, SECTION 3." Motion
Councilmember Mills, seconded by Mayor Oden and carried 3-2 on a roll
call vote.
AYES: Councilmember McCulloch, Councilmember Mills, and Mayor
Oden.
NOES: Councilmember Foat and Mayor Pro Tem Pougnet_
2.Q. CASE NO. 5.0996-PD294 / TTM 31766 ("CRESCENDO"); A PLANNED
DEVELOPMENT DISTRICT APPLICATION AND TENTATIVE TRACT MAP
FOR THE SUBDIVISION OF AN APPROXIMATE 42-ACRE SITE INTO 79
SINGLE-FAMILY RESIDENTIAL LOTS, THE PROPOSED CONSTRUCTION
OF 79 HOMES, AND VACATION OF THE WESTERLY 23 FEET OF VISTA
GRANDE AVENUE RIGHT-OF-WAY, LOCATED ON WEST RACQUET CLUB
ROAD, SOUTH OF TRAMWAY ROAD AND WEST OF VISTA GRANDE
AVENUE ZONE R-1-A, SECTION 3. (WESSMAN DEVELOPMENT CO.):
ACTION: Re-adopt Resolution No. 22064, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CERTIFYING THE
FINAL ENVIRONMENTAL IMPACT REPORT (FEIR), ADOPTING
STATEMENTS OF OVERRIDING CONSIDERATIONS, AND APPROVING
PLANNED DEVELOPMENT DISTRICT 294; CASE NO. 5.0996 - PD 294, AND
TENTATIVE TRACT MAP 31766 FOR A PROPOSED SUBDIVISION
CONSISTING OF 79 SINGLE-FAMILY RESIDENTIAL LOTS ON AN
APPROXIMATE 42-ACRE SITE, AND THE VACATION OF THE WESTERLY 23
FEET OF VISTA GRANDE AVENUE RIGHT OF WAY; FOR THE PROPERTY
LOCATED ALONG WEST RACQUET CLUB ROAD, SOUTH OF TRAMWAY
ROAD AND WEST OF VISTA GRANDE AVENUE, ZONE R-1-A, SECTION 3."
Motion Councilmember Mills, seconded by Councilmember McCulloch and
carried 3-2 on a roll call vote.
AYES: Councilmember McCulloch, Councilmember Mills, and Mayor
Oden.
NOES: Councilmember Foat and Mayor Pro Tern Pougnet.
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE REPEALING THE PROHIBITION OF DOGS
IN PARKS AND RECREATION AREAS:
Sharon Heider, Director of Recreation Services, provided background
information as outlined in the staff report dated November 7, 2007.
Mayor Pro Tern Pougnet requested staff address the installation of pet
waste bags.
City Council Minutes
November 7, 2007
Page 14
Councilmember Foat commented on the pet waste bags and receptacles.
Councilmember McCulloch requested the City Attorney address any
liability issues.
Councilmember Mills requested staff address the suspension of the
ordinance.
ACTION: Direct staff to suspend the provisions of PSMC Section
11.44.100 for a period of 12 months and temporarily remove the
prohibitive signage. Motion Councilmember Foat, seconded by Mayor
Oden and unanimously carried on a roll call vote.
4. UNFINISHED BUSINESS:
4.A. RAINMAKER FOUNTAIN IMPROVEMENTS LOCATED IN FRANCES
STEVENS PARK:
Sharon Heider, Director of Recreation Services, provided background
information as outlined in the staff report dated November 7, 2007.
ACTION: Direct staff to proceed with the appropriate procurement process
to complete Rainmaker Fountain repairs identified in the Waterline Studios
assessment, and return to the City Council for funding and contract
approval. Motion Councilmember Mills, seconded by Councilmember
Foat and unanimously carried on a roll call vote.
5. NEW BUSINESS:
5.A. TEMPORARILY SUSPEND THE NOISE ORDINANCE ON NOVEMBER
9 AND 10, 2007, FOR A STREET FAIR EVENT LOCATED ON SUNNY
DUNES ROAD BETWEEN INDUSTRIAL PLACE AND CALLE PALO
FIERRO, CHRIS REESE OF PALM SPRINGS LEATHER ORDER OF
THE DESERT (PSLOD):
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated November 7, 2007.
ACTION: Adopt Resolution No. 22095, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A TEMPORARY SUSPENSION OF THE NOISE
ORDINANCE FOR A STREET FAIR EVENT ON NOVEMBER 9, 2007
FROM 6:00 P.M. TO 12:00 A.M. AND NOVEMBER 10, 2007 FROM 10:00
A.M. TO 10:00 P.M. LOCATED ON SUNNY DUNES ROAD BETWEEN
INDUSTRIAL PLACE AND CALLE PALO FIERRO." Motion Mayor Pro
Tom Pougnet, seconded by Councilmember Mills and unanimously
carried on a roll call vote.
City Council Minutes
November 7, 2007
Page 15
COUNCILMEMBER COMMENTS AND REPORTS:
Councilmember Mills requested staff ensure that the required maintenance of the Public
Arts pieces is being performed.
Councilmember McCulloch congratulated the newly elected officials and requested staff
review the election sign ordinance.
Mayor Oden outlined the activities and events attended by the Mayor's Office.
ADJOURNMENT: The City Council adjourned at 10:06 p.m. to a Study Session and
Adjourned Regular Meeting, Wednesday, November 14, 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
12T" DAY OF DECEMBER, 2007.
MAYOR
ATTEST:
City Clerk
000015
CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
�,��•.
e
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 an the Children's Banner Program.
ODOO�.G
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 Tom 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 NEIGH13ORHOODS 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.
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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 Tem Pougnet, seconded by Mayor
Oden and unanimously carried on a roll call vote.
1.13. 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
- 000018
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 1/2 feet of signage.
Mayor Pro Tom 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 Tom 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.
000019
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 Tern 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.D. 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.
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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.H. 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.
000021
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:
2.13. 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 SERVIC
ES
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 Tern Pougnet, seconded by
Councilmember Foat and unanimously carried on a roll call vote.
3. LEGISLATIVE: None.
000022
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
Rae/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
000023
City Council Minutes
November 14, 2007
Page 9
Councilmember McCulloch, seconded by Mayor Oden and
unanimously carried on a roll call vote.
5.B. 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 Tom 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 Tom
Pougnet, seconded by Mayor Oden and unanimously carried on a
roll call vote.
5.D. 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
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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
Tern 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 Facility to be determined and Section 5 of
the Amendment to provide a CPI Rate Adjustment 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 Tem 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.
5.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.
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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 Kight
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
12T" DAY OF DECEMBER, 2007.
MAYOR
ATTEST:
City Clerk
WON