HomeMy WebLinkAbout2007-10-03 CC MINUTESPALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, OCTOBER 3, 2007
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Oden called the meeting to order at 6:05 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Pastor Mike Coppersmith, Our Savior's Community Church, led the
Invocation.
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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.
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.
PRESENTATIONS:
Mayor Oden and the City Council presented Robert Yturralde, with the Firefighter of the
Year award.
Police Chief Gary Jeandron administered the Oath of Office for new Police Officers Alan
Donovan, Jennifer Kennedy, and Barron Lane, and presented the new Police Officers to
the Mayor and the City Council.
Mayor Oden and the City Council presented Marquis La Sean Brown, Sr. a Certificate of
Recognition for his dedicated and compassionate service to Martha's Village and
Kitchen.
Councilmember Foat presented a slide show outlining the conditions and challenges at
the Palm Springs Animal Shelter.
ACCEPTANCE OF THE AGENDA:
Mayor Pro Tern Pougnet requested Item 21. be removed from the Consent Calendar
for separate discussion.
Mayor Oden requested Item 2.E. be removed from the Consent Calendar for separate
discussion.
City Council Minutes
October 3, 2007
Page 2
Councilmember Mills requested Item 2.D. be removed from the Consent Calendar for
separate discussion.
Councilmember Foat requested Item 2.0. be removed from the Consent Calendar for
separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Councilmember Foat and unanimously carried on a roll call vote.
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I.A. RIGHT-OF-WAY VACATION OF A PORTION OF CAHUILLA ROAD
BETWEEN BARISTO ROAD AND RAMON ROAD, SECTION 15,
TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-06-47:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated October 3, 2007.
Mayor Pro Tern Pougnet requested staff address the original approval of
the project, and a current timeline for the project.
Councilmember Foat requested staff address the use and paving of the
area.
Mayor Oden opened the public hearing, and no speakers coming forward
the public hearing was closed.
ACTION: Adopt Resolution No. 22046 "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 CAHUILLA
ROAD BETWEEN BARISTO ROAD AND RAMON ROAD, SECTION 15,
TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-06-047." Motion
Councilmember Mills, seconded by Mayor Oden and unanimously
carried on a roll call vote.
I.B. DENNIS CUNNINGHAM FOR PALM SPRINGS MODERN HOMES VI,
LLC; AMENDMENT TO CONDITIONS OF APPROVAL FOR CUP
5,1103, MAJ 3.2941, TTM 33162 ("PEDREGAL"):
David Barakian, City Engineer, provided background information as
outlined in the staff report dated October 3, 2007.
Councilmember Foat requested staff address the materials of the existing
utility poles, and the proposed replacement.
City Council Minutes
October 3, 2007
Page 3
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
DENNIS CUNNINGHAM, Applicant, outlined his proposed request to
delete the requirement to underground existing overhead utility lines and
to remove street lights.
GREG TROUSDELL, representing Applicant, commented on the Fire
Department Memorandum and the additional requirements by the Fire
Department.
KAY HAZEN, commented on the removal of existing utility poles only to be
replaced by new utility poles, and the street light requirements.
JONO HILDNER, spoke in support of the removal of street lights at the
location.
DAVID BARON, spoke in support of the Applicant's requests to remove
street lights and to delete the requirement to underground certain utility
lines.
No further speakers coming forward, the public hearing was closed.
Councilmember McCulloch stated he would support the issuance of a
covenant to require the future removal of certain utility lines, and stated he
does not see any reason for street lights at this location,
Mayor Pro Tern Pougnet commented on poles in the ESP zone, and the
neighbors opposing access to their adjacent property.
Councilmember Foat requested the City Engineer address utility poles 1, 2
and 3, to underground utility poles 4 and 5, and if staff has contacted
adjacent property owners regarding their interest and intent to participate.
Councilmember Mills requested staff address the viability of calling the
covenant, commented on the recent discussion for a master plan of
undergrounding utilities, and stated his support for the Applicant's request
for relief on the street lights_
Mayor Oden suggested staff should place all the covenants on a schedule
For periodic review, and noted safety factors with respect to the removal of
street lights_
Councilmember Foat requested, in the future, staff contact other property
owners that are affected by such a request.
City Council Minutes
October 3, 2007
Page 4
ACTION: Direct staff to prepare a resolution memorializing the
proceedings of Case No. 5.1103, CUP 3.2941: 1) overturn the decision of
the Planning Commission and approve the Applicant's request with
respect to allowing a covenant for the undergrounding and requiring a
periodic review of the covenant, and 2) concurring with the Planning
Commission and approving the request to eliminate street lights along
Tram Way. Motion Councilmember Mills, seconded by Mayor Oden
and unanimously carried on a roll call vote.
I.C. CASE NO. 5.1156, PLANNED DEVELOPMENT DISTRICT 339, AND
TENTATIVE TRACT MAP 35600, SUBMITTED BY O & M INDIAN
CANYON LLC, CONSISTING OF AN AMENDMENT TO THE SECTION
14 MASTER PLAN, A PLANNED DEVELOPMENT DISTRICT FOR THE
DEVELOPMENT OF 499 CONDOMINIUM HOTEL ROOMS AND
ASSOCIATED FACILITIES, AND A CONDOMINIUM MAP ON 9.78
ACRES LOCATED AT THE NORTHEAST CORNER OF CALLE EL
SEGUNDO AND TAHQUITZ CANYON WAY:
Nicole Criste, Contract Planner, provided background information as
outlined in the staff report dated October 3, 2007.
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
TOM DAVIS, stated the Tribal Council supports the project in full and the
project represents the vision of the Section 14 Master Plan, and clarified
the Tribal position on the reduction of parking.
DR. JANE SMITH, commented on the letter submitted by the Law Offices
of Babak Naficy, and stated the City is violating the Court Order with
respect to Section 14.
CORY ALDER, Applicant, spoke in support of the Hard Rock project and
outlined the financial commitments by the Developer.
ROXANN PLOSS, commented on the height of the project and requested
story poles, spoke to the completion of the development and requested
the developer be required to submit completion bonds.
FRANK TYSEN, stated he was in support of the project at 4 or 5 stories,
but now the project is over 120 feet, commented on the lack of parking,
and stated several aspects of the development have been glossed over.
JOHN WESSMAN, stated his support for the proposed Hard Rock Hotel.
City Council Minutes
October 3, 2007
Page 5
WILLIE HOLLAND, commented on the development in Section 14, and
stated his support for the development.
CORY ALDER, Applicant, Rebuttal, commented on the components of the
parking study and the adequacy of parking and truck access at the back of
the project.
No further speakers coming forward, the public hearing was closed.
Councilmember Foat requested the City Attorney address the comments
on the legal requirements on the use of the EIR for Section 14.
Mayor Pro Tem Pougnet requested staff address the building height, and
the percentage of roof space in excess of 97 feet.
Councilmember Foat requested the Applicant address the area over 97
feet in height and the visibility from the street and the Convention Center.
Councilmember McCulloch commented on the issues with respect to
height and requested the Applicant address the configuration of the
project with respect to height.
Councilmember Mills commented on the allowable height in Section 14,
the site plan, the extraordinary pool area and outdoor space, the entrance
on Andreas, and suggested restrictions on hours of operation of the
loading dock and loading dock gates, and requested a condition be added
for the Applicant to work with the City for future Andreas Road pedestrian
access.
Mayor Pro Tern Pougnet commented on the history of the selection and
the process, stated his support of the mechanical equipment on the roof.
Mayor Oden commented on the atmosphere in Section 14, stated the
project was appropriate for the area, and noted his concerns with respect
to signage.
ACTION: 1) Adopt Resolution No. 22047, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SECTION 6.2.5.1 OF THE SECTION 14 MASTER PLAN TO ALLOW
APPURTENANCES TO EXTEND BEYOND THE 100 FOOT HEIGHT
LIMIT IN THE REO AND RA LAND USE DESIGNATIONS;" and 2) Adopt
Resolution No. 22048, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO.
5.1156, INCLUDING PLANNED DEVELOPMENT DISTRICT 339, AND
TENTATIVE TRACT MAP 36600, FOR 0 & M INDIAN CANYON, LLC,
City Council Minutes
October 3, 2007
Page 6
FOR THE DEVELOPMENT OF 499 CONDOMINIUM HOTEL ROOMS
LOCATED AT THE NORTHEAST CORNER OF CALLE EL SEGUNDO
AND TAHQUITZ CANYON WAY," amending the Conditions of Approval to
eliminate condition 96b, adding a condition prohibiting loading dock hours
prior to 8:00 a.m., and adding a condition that requires the Applicant be
requested to work with the City in designing a pedestrian/vehicular
walkway along the Andreas load right-of-way. Motion Councilmember
Mills, seconded by Councilmember McCulloch and unanimously
carried on a roll call vote.
The City Council recessed at 8:15 p.m.
The City Council reconvened at 828 p.m.
1.D. PLANNED DEVELOPMENT DISTRICT 343, CASE NO. 5.1164,
CROSSE POINTE, FOR THE DEVELOPMENT AND CONSTRUCTION
OF A MIXED -USE DEVELOPMENT CONSISTING OF 39,535 SQUARE
FEET OF RETAIL AND 14,587 SQUARE FEET OF OFFICE SPACE
LOCATED AT THE NORTHWEST CORNER OF CROSSLEY ROAD
AND SUNNY DUNES ROAD:
Fred Lowndes, Associate Planner, provided background information as
outlined in the staff report dated October 3, 2007.
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
JOHN WESSMAN, Applicant, outlined the history of the project and the
site, and requested relief from the street improvements and they be
delayed into the future when and if traffic increases and the need arises.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills requested staff address the retention basin, and the
left turn requirement out of the project.
Mayor Oden requested staff address the proximity to Wall'Mart.
Councilmember Foat requested staff address the need to restrict a left
turn out of the project.
Councilmember McCulloch stated his support for the delay of the left turn
restrictions.
Councilmember Mills requested the Applicant address the use of the Fire
Lane with the adjacent property owner.
City Council Minutes
October 3, 2007
Page 7
Mayor Oden stated his support for a covenant for future street
improvements, and commented on the future traffic impact.
Mayor Pro Tern Pougnet commented on the covenant and requested
periodic review.
ACTION: Adopt Resolution No. 22049, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE N0. 5,1164, PLANNED DEVELOPMENT DISTRICT
343, FOR A MIXED -USE DEVELOPMENT CONSISTING OF 39,535
SQUARE FEET OF RETAIL AND 14,587 SQUARE FEET OF OFFICE
SPACE LOCATED AT THE NORTHWEST CORNER OF CROSSLEY
ROAD AND SUNNY DUNES ROAD, SECTION 20," amending the
Conditions of Approval with respect to street improvements on Crossley
Road to require a covenant for the future construction of those
improvements at the request of the City. Motion Councilmember Foat,
seconded by Mayor Oden and unanimously carried on a roll call
vote.
Councilmember Mills requested staff approach the owners of the adjacent
Wall*Mart property and initiate a discussion with respect to the retention
basin and the Fire Lane access.
I.E. CASE NO. 5.1104 - LAURICH PROPERTIES - GENERAL PLAN
AMENDMENT REQUEST TO THE SECTION 14 SPECIFIC PLAN, TO
ALLOW FINANCIAL INSTITUTIONS WITH DRIVE -THROUGH TELLER
FACILITIES AND DRUG STORE / PHARMACIES WITH
PRESCRIPTION PICK-UP WINDOWS TO BE PERMITTED IN THE
RESORT/ATTRACTION (RA) ZONE:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated October 3, 2007.
Mayor Oden opened the public hearing, and no speakers coming forward
the public hearing was closed.
Councilmember Mills requested staff address drive-throughs surrounding
the property and drive -through restrictions in Section 14.
Mayor Oden requested staff address the drive -through at Tahquitz
Canyon and Sunrise Way_
ACTION: Adopt Resolution No. 22050, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING
CASE NO. 5.1104, A GENERAL PLAN AMENDMENT TO ALLOW
FINANCIAL INSTITUTIONS WITH DRIVE -THROUGH TELLER
City Council Minutes
October 3, 2007
Page 8
FACILITIES AND DRUG STORE / PHARMACIES WITH PRESCRIPTION
PICK-UP WINDOWS TO BE PERMITTED USE WITH A CONDITIONAL
USE PERMIT IN THE RESORT/ATTRACTION (RA) LAND USE AREA
OF SECTION 14." Motion Councilmember Foat, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
I.F. CERTIFICATION OF THE FINAL RECIRCULATED EIR AND
APPROVAL OF THE FINAL RECIRCULATED COACHELLA VALLEY
MULTIPLE SPECIES HABITAT CONSERVATION PLAN / NATURAL
COMMUNITY CONSERVATION PLAN, FINAL RECIRCULATED
IMPLEMENTING AGREEMENT AND SELECTION OF THE
PREFERRED ALTERNATIVE:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated October 3, 2007.
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
ROD DESZ, San Bernardino, requested consideration of the letter
submitted to the City Council from Century Vintage Homes.
FRED BELL, stated his support for the adoption of the EIR and approving
the MSHCP.
CHUCK NISBET, spoke in support of the final MSHCP.
No further speakers coming forward, the public hearing was closed.
Councilmember McCulloch commented on the effects on property owners
within the plan, and stated the MSHCP is not a fair plan.
Mayor Pro Tern Pougnet commented on the compromises made by all
parties involved.
Councilmember Mills stated the plan does not "take" any property, and is
a compromise plan.
Councilmember Foat commented on the funding of the plan, and stated
the MSHCP is a compromise plan.
Mayor Oden commented on the length and thoroughness of the process,
along with property owner rights.
City Council Minutes
October 3, 2007
Page 9
Councilmember McCulloch commented on fellow Councilmember
comments, and the possible outcome of the MSHCP with respect to
property owners.
ACTION: 1) Adopt Resolution No. 22051, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING
RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT FOR THE MULTIPLE SPECIES
HABITAT CONSERVATION PLAN, APPROVING THE COACHELLA
VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN /
NATURAL COMMUNITY CONSERVATION PLAN AND IMPLEMENTING
AGREEMENT, AND ADOPTING THE ENVIRONMENTAL FINDINGS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT;"
2) Adopt Resolution No. 22052, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ESTABLISHING PROCEDURES AND REQUIREMENTS FOR
IMPLEMENTATION OF THE COACHELLA VALLEY MULTIPLE
SPECIES HABITAT CONSERVATION PLAN." A5558, Motion
Councilmember Mills, seconded by Mayor Oden and carried 4-1 on a
roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Pougnet, and Mayor Oden.
NOES: Councilmember McCulloch.
PUBLIC COMMENT:
WILLIAM FERRA, Palm Springs, commented on the Agenda and the upcoming
November 6, 2007, Desert Water Agency election.
WILLIE HOLLAND, commented on neighborhood and trash issues in the Desert
Highland area.
JOY MEREDITH, commented on signage in the Downtown area, and requested
leniency from code enforcement.
RODOLFO CASTILLO, requested relief from code enforcement with respect to A -Frame
signs.
LEE WEIGEL, commented on the benefits provided by Friends of the Palm Springs
Animal Shelter, and requested the Animal Shelter receive priority funding for capital
improvement.
City Council Minutes
October 3, 2007
Page 10
COUNCILMEMBER COMMENTS AND REQUESTS:
Mayor Oden requested the City Manager and the City Attorney respond to Willie
Holland's complaints of a gang house in the Desert Highland area.
Councilmember Foat commented on the sign ordinance, and requested that code
enforcement put a hold on the enforcement of the sign ordinance in the Downtown area.
Mayor Pro Tern Pougnet commented on the sign ordinance, and previous direction of
the City Council.
Councilmember Mills commented on the sign ordinance, and requested staff address
the retention basin at the Wall'Mart site and the fire lane with the adjacent property
owner.
Mayor Oden commented on the sign ordinance and code enforcement.
Mayor Pro Tern Pougnet requested staff address the previous enforcement of signs in
the Downtown area.
ACTION: Continue past the 10:00 p.m. tentative adjournment time. Motion Mayor Pro
Tern Pougnet, seconded by Mayor Oden and unanimously carried on a roll call
vote.
Councilmember McCulloch commented on his comments from the prior meeting to
Councilmember Foat.
CITY MANAGER'S REPORT: City Manager Ready provided an update with respect to
code enforcement activities.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.F., 2.G., 2.H., 2.1., 2.J., 2.K., 2.M_,
2.N., and 2.P. Motion Councilmember Mills, seconded by Mayor Oden 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 October 3, 2007,
City Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of September 17, 2007,
September 19, 2007, September 26, 2007, and September 27, 2007.
Approved as part of the Consent Calendar.
City Council Minutes
October 3, 2007
Page 11
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22053, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 9-8-07 BY WARRANTS NUMBERED 412427 THROUGH 412486
TOTALING $81,248.32, LIABILITY CHECKS NUMBERED 1023324
THROUGH 1023346 TOTALING $140,097.68, THREE WIRE
TRANSFERS FOR $61,360.19 AND THREE ELECTRONIC ACH DEBITS
OF $1,061,535.17 IN THE AGGREGATE AMOUNT OF $1,344,241.36
DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 22054, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1023347 THROUGH 1023354
IN THE AGGREGATE AMOUNT OF $664,810.31 DRAWN ON BANK OF
AMERICA;" 3) Adopt Resolution No. 22055, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1023355 THROUGH 1023592 IN THE AGGREGATE
AMOUNT OF $2,409,947.93 DRAWN ON BANK OF AMERICA;" and 4)
Adopt Resolution No. 22056, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED
1023593 THROUGH 1023598 IN THE AGGREGATE AMOUNT OF
$94,424.14 DRAWN ON BANK OF AMERICA." Approved as part of the
Consent Calendar.
2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1722, ADDING CHAPTER 11.03 TO THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO PUBLIC SAFETY RADIO SYSTEM
COVERAGE:
ACTION: Waive further reading and adopt Ordinance No. 1722, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
CHAPTER 11.03 TO THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO PUBLIC SAFETY RADIO SYSTEM COVERAGE."
Approved as part of the Consent Calendar.
2.G. PURCHASE OF 14 NEW FORD CROWN VICTORIA POLICE
INTERCEPTORS AS PART OF THE CITY'S ANNUAL VEHICLE
REPLACEMENT PROGRAM:
ACTION: Authorize the purchase of 14 new Ford Crown Victoria 2008
Police Interceptors for use by the Police Department in the amount of
$340, 59926 from Wondries Ford of Alhambra, California. Approved as
part of the Consent Calendar.
City Council Minutes
October 3, 2007
Page 12
2.H. REQUEST FROM AGUA CALIENTE BAND OF CAHUILLA INDIANS
FOR A ONE-YEAR TIME EXTENSION FROM OCTOBER 15, 2007, TO
OCTOBER 14, 2008, FOR TENTATIVE TRACT MAP 31371 FOR A
PORTION OF THE INDIAN OASIS DEVELOPMENT LOCATED AT THE
SOUTHWEST CORNER OF CROSSLEY ROAD AND MESQUITE
AVENUE:
ACTION: Adopt Resolution No. 22057, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A ONE-YEAR TIME EXTENSION FROM OCTOBER 15,
2007, TO OCTOBER 14, 2008, FOR TENTATIVE TRACT MAP 31351
FOR A PORTION OF THE INDIAN OASIS DEVELOPMENT LOCATED
AT THE. SOUTHWEST CORNER OF CROSSLEY ROAD AND
MESQUITE AVENUE, ZONE M-1-P, SECTION 20." Approved as part of
the Consent Calendar.
2.1. SUPPLEMENTAL SPACE USE AGREEMENT FOR STORAGE SPACE
NO.4 WITH PARADIES SHOPS, LLC:
ACTION: 1) Approve a supplemental space use agreement with Paradies
Shops, LLC for Storage Space No. 4, for the period September 15, 2007,
through October 31, 2009; and 2) Authorize the City Manager to execute
all necessary documents. A5559. Approved as part of the Consent
Calendar.
2.J. CONSIDERATION OF MEMORANDUM OF UNDERSTANDING TO
EXTEND THE COACHELLA VALLEY FRINGE -TOED LIZARD PERMIT
TO ALLOW COMPLETION OF THE COACHELLA VALLEY MULTIPLE
SPECIES HABITAT CONSERVATION PLAN, INCLUDING MEASURES
FOR CONTINUED CONSERVATION OF THE COACHELLA VALLEY
FRINGE -TOED LIZARD:
ACTION: Approve the Memorandum of Understanding (MOU) to extend
the Coachella Valley Fringe -Toed Lizard Permit to allow completion of the
Coachella Valley Multiple Species Habitat Conservation Plan, to include
measures for continued conservation of the Coachella Valley Fringe -Toed
Lizard. A5560. Approved as part of the Consent Calendar.
2.K. COOPERATIVE AGREEMENT NO. HSTS0208HSLR123 WITH
TRANSPORTATION SECURITY ADMINISTRATION FOR THE LAW
ENFORCEMENT OFFICER (LEO) REIMBURSEMENT AGREEMENT
PROGRAM, FOR THE PERIOD OF OCTOBER 1, 2007, THROUGH
SEPTEMBER 30, 2012:
ACTION: 1) Approve Cooperative Agreement No. HSTS0208HSLR123
with the Transportation Security Administration for reimbursement of LEO
services for the period October 1, 2007, through September 30, 2012, in
the amount of $1,020,540; 2) Approve annual modifications to
Cooperative Agreement No. HSTS0208HSLR123 to secure funding upon
City Council Minutes
October 3, 2007
Page 13
receipt of appropriation from Congress each fiscal year; and 3) Authorize
the City Manager to execute all necessary documents. A5561. Approved
as part of the Consent Calendar.
2.M. PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE SWIM CENTER POOL REPAIRS, CITY
PROJECT NO. 06-19:
ACTION: 1) Approve the plans, specifications and working details for the
Swim Center Pool Repairs, City Project 06-19; and 2) Authorize staff to
advertise and solicit bids. Approved as part of the Consent Calendar.
2.N. INSTALLATION OF PALM SPRINGS PEACE POLE:
ACTION: Accept the gift of a peace pole and funds for its installation at
the Village Green from the organizers of the Palm Springs Peace Pole
Project. Approved as part of the Consent Calendar.
2.P. AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND
COMPENSATION PLAN FOR FISCAL YEAR 2007-08 -
ADMINISTRATION:
ACTION: Adopt Resolution No. 22058, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS
AND COMPENSATION PLAN FOR FISCAL YEAR 2007-08, ADOPTED
BY RESOLUTION NO. 21907." Approved as part of the Consent
Calendar,
EXCLUDED CONSENT CALENDAR:
2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO.
1720, AMENDING SECTION 12.20.020 OF THE PALM SPRINGS MUNICIPAL
CODE, RELATING TO THE ESTABLISHMENT OF PRIMA FACIE SPEED
LIMITS ON VARIOUS CITY STREETS:
The City Council discussed the survey and the enforcement of prima facie speed
limits.
ACTION: Waive further reading and adopt Ordinance No. 1720, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SECTION 1220.020 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING
TO THE ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS ON VARIOUS
CITY STREETS." Motion Councilmember McCulloch, seconded by
Councilmember Foat and carried 3-2 on a roll call vote.
AYES: Councilmember Foat, Councilmember McCulloch, and Mayor
Oden.
NOES: Councilmember Mills, and Mayor Pro Tern Pougnet.
City Council Minutes
October 3, 2007
Page 14
The City Council recessed at 10:17 p.m.
The City Council reconvened at 10:29 p.m.
2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO.
1721, A STATE REQUIRED ORDINANCE, APPROVING AND ADOPTING THE
COMMUNITY REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE
COMMERCIAL REAL PROPERTY BY EMINENT DOMAIN IN THE MERGED
AREA NO. 1 AND MERGED AREA NO. 2 REDEVELOPMENT PROJECTS:
Tom Wilson, Assistant City Manager, provided background information as
outlined in the staff report dated October 3, 2007.
ACTION: Waive further reading and adopt Ordinance No. 1721, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
AND ADOPTING THE COMMUNITY REDEVELOPMENT AGENCY'S
PROGRAM TO ACQUIRE COMMERCIAL REAL PROPERTY BY EMINENT
DOMAIN IN THE MERGED AREA NO. 1 AND MERGED AREA NO. 2
REDEVELOPMENT PROJECTS." Motion Councilmember Mills, seconded by
Mayor Oden and unanimously carried on a roll call vote.
2.L. AMENDMENT NO. 2 TO AGREEMENT NO. A4429, A COOPERATIVE
AGREEMENT WITH CALTRANS FOR THE INDIAN CANYON
DRIVE/INTERSTATE 10 INTERCHANGE WIDENING PROJECT, CITY
PROJECT 00-14:
ACTION: 1) Approve Amendment No. 2 to Agreement No. A4429 (Caltrans
Agreement No. 8-1165), a Cooperative Agreement with the California
Department of Transportation (Caltrans) for the Indian Canyon Drive/Interstate
10 Interchange Widening Project (City Project No. 00-14); and 2) Authorize the
City Manager to execute all necessary documents. A4429. Motion
Councilmember Mills, seconded by Mayor Pro Tern Pougnet and
unanimously carried on a roll call vote.
2.0. AMENDMENT NO. 3 TO AGREEMENT NO. A4219, CITY MANAGER
EMPLOYMENT AGREEMENT:
ACTION: 1) Approve Amendment No. 3 to Agreement No. A4219, City Manager
Employment Agreement with David H. Ready; and 2) Authorize the Mayor to
execute Amendment No. 3 to Agreement No. A4219 on behalf of the City.
A4219. Motion Councilmember Mills, seconded by Councilmember Foat
and unanimously carried on a roll call vote.
3. LEGISLATIVE:
3.A. INITIATION OF AN ORDINANCE ADDING SECTION 93.15,10 TO, AND
AMENDING SECTION 91.00.10 OF THE PALM SPRINGS MUNICIPAL
City Council Minutes
October 3, 2007
Page 15
CODE, RELATING TO THE ESTABLISHMENT OF LAND USE
REGULATIONS FOR CONDOMINIUM HOTEL PROJECTS:
Tom Wilson, Assistant City Manager, provided background information as
outlined in the staff report dated October 3, 2007.
Councilmember Foat requested staff address the current regulations with
respect to conversions, and address the impact on Transient Occupancy
Tax.
ACTION: Initiate and refer to the Planning Commission for review and
recommendation an Ordinance adding Section 93.15.10 and amending
Section 91.00.10 of the Palm Springs Municipal Code, relating to the
establishment of land use regulations for condominium hotel projects.
Motion Councilmember Mills, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
3.13. INITIATION OF AN ORDINANCE 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:
Tom Wilson, Assistant City Manager, provided background information as
outlined in the staff report dated October 3, 2007.
The City Council discussed the street level office and financial uses in the
Downtown area, and the current moratorium.
ACTION: Initiate and refer to the Planning Commission for review and
recommendation, 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. Motion
Councilmember Foat, seconded by Councilmember Mills 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.
4. UNFINISHED BUSINESS: None.
City Council Minutes
October 3, 2007
Page 16
5. NEW BUSINESS:
5.A. ONE-TIME CAPITAL EQUIPMENT GRANT OF $2 MILLION FROM THE
CITY'S SOLID WASTE DIVERSION FACILITY FUND TO PALM
SPRINGS DISPOSAL SERVICES FOR THE IMPLEMENTATION OF A
SINGLE STREAM RECYCLING PROGRAM:
Troy Butzlaff, Assistant City Manager, provided background information as
outlined in the staff report dated October 3, 2007.
The City Council discussed and/or commented on the proposed single
stream recycling program.
ACTION: 1) Adopt Resolution No. 22059, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A ONE-TIME CAPITAL EQUIPMENT GRANT OF UP TO $2
MILLION FROM THE CITY'S SOLID WASTE DIVERSION FACILITY
FUND TO PALM SPRINGS DISPOSAL SERVICES TO ACQUIRE
VEHICLES AND EQUIPMENT NECESSARY TO IMPLEMENT A SINGLE
STREAM RECYCLING PROGRAM AND PROVIDE DIRECTION TO THE
CITY ATTORNEY TO PREPARE A CORRESPONDING AMENDMENT
TO THE FRANCHISE AGREEMENT TO EFFECTUATE THE
IMPLEMENTATION OF THIS PROGRAM;" and 2) Adopt Resolution No.
22060, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL
YEAR 2007-08." A4727. Motion Councilmember Foat, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
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City Manager Ready provided Capital Improvement options and requested
the City Council provide priorities.
ACTION: Table the discussion to the next City Council meeting. By
consensus of the City Council.
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Mayor Pro Tern Pougnet requested the City Manager place an Item on the next agenda
to appoint a City Council Subcommittee to address Downtown sign regulations.
Mayor Oden outlined the activities and events attended by the Mayor's Office.
ADJOURNMENT: The City Council adjourned at 11:19 p.m. to a Regular Meeting,
Wednesday, October 17, 2007, at 6:00 P.M. in the Council Chamber, City Hall,
City Council Minutes
October 3, 2007
Page 17
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
17TH DAY OF OCTOBER, 2007.
J
MAYOR
ATTEST:
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