Video index
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: Rev. Duane Cox, Retired Religious Science Ministries, led the Invocation.
Roll Call: 6 members present, 0 members absent, 0 members excused.
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:
Councilmember McCulloch noted his business related abstention with respect to Warrant No. 1012306 on Consent Calendar Item 2.C.
Councilmember Pougnet requested Items 2.K. and 2.P be removed from the Consent Calendar for separate discussion.
Mayor Oden requested Consent Calendar Items 2.L. and 2.P be removed from the Consent Calendar for separate discussion.
Councilmember Mills noted his business related abstention on Consent Calendar Items 2.I. and 2.J.
Mayor Pro Tem Foat requested clarification on Consent Calendar Item 2.N.
Motion to Free Form Accept the Agenda as amended.
Vote to Accept the Agenda as amended. (Approved)
PRESENTATIONS:
Mayor Oden and the City Council proclaimed the week of May 1, 2006 as Public Service Employees Recognition Week in the City of Palm Springs.
Mayor Oden and the City Council presented a Certificate of Recognition to Irv and Branna Sisenwein founding members of the Coachella Valley Desert Visionaires.
Mayor Oden and the City Council presented a Certificate of Recognition to the Original Mexican Families for their contributions to the Palm Springs Village.
Mayor Oden and the City Council proclaimed the week of May 1, 2006 as California Building Safety Week in the City of Palm Springs.
Mayor Oden and the City Council proclaimed the week of May 17, 2006 as Stroke Recovery Center Week in the City of Palm Springs and acknowledged the Stroke Recovery Center for their continued public service.
1. PUBLIC HEARINGS:
Councilmember McCulloch stated he has a property ownership conflict of interest, would not participate in the discussion or the vote, and left Council Chamber at 6:27 P.M.
1.A. APPEAL OF PLANNING COMMISSION’S DECISION, BY REZA MAZAHERI, CASE NO. 6.486, VARIANCE TO ALLOWABLE WALL HEIGHT LOCATED AT 2001 EAST TAHQUITZ CANYON WAY:
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated May 3, 2006.
Mayor Oden opened the public hearing, and the following speaker addressed the City Council.
JOYCE VIRTUE, Representing Applicant, provided background information on the variance request and noted continued problems with the homeless.
No further speakers coming forward, the public hearing was closed.
Councilmember Pougnet requested clarification with respect to the wrought iron fence.
Councilmember Mills commented on the prior code enforcement problems, and stated the property is blighted; requested Code Enforcement continue to enforce violations on the property.
Mayor Pro Tem Foat requested the Police Department and staff address the homeless issues in the immediate area and property next door.
Mayor Oden provided background information on the Applicant and commented on the condition of the property.
Motion to Free Form Adopt Resolution No. 21565, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DENIAL OF CASE 6.486-VAR A VARIANCE TO THE ALLOWED WALL HEIGHTS LOCATED AT 2001 EAST TAHQUITZ CANYON WAY, ZONE R2, SECTION 13."
Vote to Adopt Resolution No. 21565, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DENIAL OF CASE 6.486-VAR A VARIANCE TO THE ALLOWED WALL HEIGHTS LOCATED AT 2001 EAST TAHQUITZ CANYON WAY, ZONE R2, SECTION 13." (Approved)
Councilmember McCulloch returned to the dais at 6:40 P.M.
1.B. INTERIM URGENCY ORDINANCE EXTENDING ORDINANCE NO. 1687 A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF PALM SPRINGS:
Staff Report Item 1.B.
City Attorney Holland provided background information as outlined in the staff report dated May 3, 2006.
Mayor Oden requested staff provide a progress report on the Committee assigned to study this issue.
Mayor Oden opened the public hearing and the following speakers addressed the City Council.
SUMMER GLENNY, Redlands, thanked the City Council for forming the Committee and requested the City not extend the moratorium the length of time in the staff report.
GARY SILVA, Sky Valley, spoke in favor of Medical Marijuana, and stated he is a member of the Committee and the extension is too long.
ROXANN PLOSS, Palm Springs, commented on the benefits of Medical Marijuana and requested the moratorium be shorter.
KRISTA SILVA, Sky Valley, stated the extension of the moratorium should be shortened to 90-days.
RYAN MICHAELS, Riverside, stated his support for medical marijuana and provided information with respect to services provided by local agencies.
STACY HOCHENAGAL, requested the City Council shorten the moratorium to 6 months.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Foat requested staff address the timing issue of the moratorium and commented on the amount of time needed to study the issue and amount of time requested to extend the moratorium.
Mayor Oden commented on balancing the needs of the users of medical marijuana and the needs and public safety issues to the residents and surrounding businesses.
Motion to Free Form 1) Receive and File the Staff Report dated May 3, 2006 as the written report pursuant to Government Code Section 65858; and 2) Waive the reading of the Ordinance text in its entirety and adopt by title only, and 3) Adopt Interim Urgency Ordinance No. 1688, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING ORDINANCE NO. 1687, A TEMPORARY MORATORIUM ON THE LEGAL ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF PALM SPRINGS FOR AN ADDITIONAL PERIOD OF 10 MONTHS AND 15 DAYS PENDING COMPLETION OF A STUDY OF ZONING REGULATIONS THAT ARE NEEDED TO ALLEVIATE A CURRENT AND ACTUAL THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE."
Vote to 1) Receive and File the Staff Report dated May 3, 2006 as the written report pursuant to Government Code Section 65858; and 2) Waive the reading of the Ordinance text in its entirety and adopt by title only, and 3) Adopt Interim Urgency Ordinance No. 1688, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING ORDINANCE NO. 1687, A TEMPORARY MORATORIUM ON THE LEGAL ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF PALM SPRINGS FOR AN ADDITIONAL PERIOD OF 10 MONTHS AND 15 DAYS PENDING COMPLETION OF A STUDY OF ZONING REGULATIONS THAT ARE NEEDED TO ALLEVIATE A CURRENT AND ACTUAL THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE." (Approved)
1.C. DECISION TO OVERRIDE THE RIVERSIDE COUNTY AIRPORT LAND USE COMPATIBILITY PLAN FOR PLANNED DEVELOPMENT PD-291 ("THE SPRINGS" COMMERCIAL CENTER) LOCATED AT THE NORTHEAST CORNER OF GENE AUTRY TRAIL (STATE HIGHWAY 111) AND RAMON ROAD:
Staff Report Item 1.C.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated May 3, 2006.
Councilmember Pougnet requested staff address the conditions in the staff report and the proposed resolution.
Mayor Pro Tem Foat requested staff address the conditions regarding the Sub-Division Map Act.
Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to Adopt Resolution No. 21566, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERRIDING THE RIVERSIDE COUNTY AIRPORT LAND USE COMPATIBILITY PLAN FOR PLANNED DEVELOPMENT PD-291 ("THE SPRINGS" COMMERCIAL CENTER) LOCATED AT THE NORTHEAST CORNER OF GENE AUTRY TRAIL (STATE HIGHWAY 111) AND RAMON ROAD." Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to Adopt Resolution No. 21566, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERRIDING THE RIVERSIDE COUNTY AIRPORT LAND USE COMPATIBILITY PLAN FOR PLANNED DEVELOPMENT PD-291 ("THE SPRINGS" COMMERCIAL CENTER) LOCATED AT THE NORTHEAST CORNER OF GENE AUTRY TRAIL (STATE HIGHWAY 111) AND RAMON ROAD." (Approved)
1.D. PLANNED DEVELOPMENT PD 314 AND TTM 33575 (CASE NO. 5.1056), APPLICATION BY PALM CANYON 102, L.P. FOR A PLANNED DEVELOPMENT AND A TENTATIVE TRACT MAP TO ALLOW DEVELOPMENT OF 26 LIVE WORK UNITS, 80 ATTACHED TOWNHOMES AND 15,000 SQUARE FEET OF COMMERCIAL SPACE ON A 11.7 ACRE SITE LOCATED EAST OF SOUTH PALM CANYON AND SOUTH OF THE TAHQUITZ CREEK CHANNEL, ZONE C-1, SECTION 23, APN 508-172-005, 508-172-006, AND 508-172-007:
Staff Report Item 1.D.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated May 3, 2006.
The City Council recessed at 7:10 P.M.
The City Council reconvened at 7:15 P.M.
Mayor Oden opened the public hearing and the following speakers addressed the City Council.
DAVID HILLIARD, Applicant, provided background information and an overview of the project; provided a Power Point presentation.
JAY REYNOLDS, Representing Applicant, provided additional information on the site plan.
ROBERT RAMBLAS, Representing Applicant, provided background information on the live/work concept and the proposed live/work units.
APRIL HILDNER, Palm Springs, stated her concerns with density, traffic mitigation and construction traffic.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills commented on the site plan and expressed concerns with respect to the current zoning and the meaning of the property to the City; commented on the highest and best use; stated any proposed development on the property should be more focused on the commercial uses.
Councilmember McCulloch commented on the process with respect to the Applicant, stated his support for the project and recommended the City Council approve the project.
Mayor Pro Tem Foat commented on the view from Palm Canyon and continued to express concerns with view of garage doors and density.
Councilmember Pougnet commented on the highest and best use for this property and density.
Mayor Oden commented on the goals and target of the site and the proposed project.
Motion to Adopt Resolution "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1056, PD 314, AND TTM 33575 - AN APPLICATION BY PALM CANYON 102 L.P. FOR A MIXED-USE DEVELOPMENT CONSISTING OF 26 LIVE-WORK UNITS, 80 ATTACHED TOWNHOMES AND 15,000 SQUARE FEET OF RETAIL SPACE LOCATED ON 11.71 ACRES BOUND BY THE TAHQUITZÂ CREEK CHANNEL TO THE NORTH AND RANDOM ROAD TO THE EAST" as amended by adding Section 5 to the proposed resolution approving the project subject to the conditions of approval. Moved by Councilmember McCulloch, seconded by Mayor Oden.
Vote to Adopt Resolution "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1056, PD 314, AND TTM 33575 - AN APPLICATION BY PALM CANYON 102 L.P. FOR A MIXED-USE DEVELOPMENT CONSISTING OF 26 LIVE-WORK UNITS, 80 ATTACHED TOWNHOMES AND 15,000 SQUARE FEET OF RETAIL SPACE LOCATED ON 11.71 ACRES BOUND BY THE TAHQUITZÂ CREEK CHANNEL TO THE NORTH AND RANDOM ROAD TO THE EAST" as amended by adding Section 5 to the proposed resolution approving the project subject to the conditions of approval. (Declined)
Mayor Pro Tem Foat asked about the possibility of creating a City Council sub-committee to work with the Applicant.
Mayor Oden commented on the concept of creating a sub-committee.
Councilmember Pougnet and Mayor Pro Tem Foat stated density is an issue with the proposed project.
Councilmember Mills commented on the previously approved site plan along with the concept of the original project proposed and approved for this site.
Councilmember McCulloch commented on the process.
Councilmember Pougnet commented on the process and the density concerns.
Councilmember Mills commented on the development planning process for this type of project.
Mayor Oden commented on the process and the previous direction to the Applicant.
Motion to Refer the project back to the Planning Commission. Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.
Vote to Refer the project back to the Planning Commission. (Approved)
Mayor Pro Tem Foat stated she may have a perceived conflict of interest due to verbal comments and promises made by the Applicant to her business partner, would not participate in the discussion or the vote and left Council Chamber at 7:53 P.M.
1.E. SHADOWROCK DEVELOPMENT AGREEMENT EXTENSION, CASE 5.0609, PLANNED DEVELOPMENT DISTRICT 224, TENTATIVE TRACT MAP 28587:
Staff Report Item 1.E.
EIR Item 1.E.
EIR Addendum Item 1.E.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report May 3, 2006.
JOHN CRISTE, Terra Nova Planning and Research, provided information to the Response to Comments on the FEIR Addendum for Shadowrock as presented to the City Council.
Mayor Oden requested clarification on the proposal and recommended action before the Council.
Mayor Oden opened the public hearing and the following speakers addressed the City Council.
MARK BRAGG, Palm Springs, Applicant, stated he did not approach Mayor Pro Tem Foat’s partner; provided background information on the project and the request for the Development Agreement Extension and provided a Power Point presentation.
ED TORRES, Palm Springs, commented on the project and stated his support for extending the agreement.
WILLIAM (BILL) FORD, Palm Springs, stated his support for the project.
VIC GAINER, Palm Springs, expressed concerns with the financial commitments and requested the City consider a land swap in lieu of approving the project on the Chino Cone.
CELESTE DOYLE, requested the City Council deny the request and expressed concerns with the habitat for Big Horn Sheep, urban sprawl, legal concerns, and problems with the FEIR Addendum.
GREG DAY, Palm Springs, requested the City Council not approve the extension and start the project over.
BILL COCKRUM, commented on the fiscal aspects and resources of the Shadowrock project.
DAVID WAITE, Legal Counsel for Shadowrock, clarified the entity on the proposed ordinance, addressed the state of the current agreement, the FEIR and mitigation measures, and the requests for a new EIR.
DAVID BARON, commented on development in the Chino Cone and the balance between the developer and the community; requested City Council support for extending the current agreement.
MARVIN ROOS, read a letter by Aftab Dada requesting support for extending the agreement.
TAMARA STEVENS, read a letter of support from the Board of Directors of the Palm Springs Economic Development Corporation; requested the approval of the extension to the agreement.
MITCH SPIKE, Palm Springs Police Officers Association, commented on the fiscal impact to the City and requested support to extend the agreement.
REV. JERRY JOHNSON, spoke in support of extending the development agreement and commented on the view from the Gateway to the City with the proposed project.
CHARLES SACHS, Palm Springs, commented on development of the Gateway and requested the City Council deny the extension of the development agreement.
MALLIKA ALBERT, Palm Springs, commented on her support to preserve the Chino Cone forever.
CAROLE SUCKMAN, Palm Springs, stated her support to deny the request to extend the development agreement and for preservation of the Chino Cone.
GLADYS KRENEK, Palm Springs, stated her support for preservation of the Chino Cone, and requested the City Council deny the development agreement.
NICKIE MCLAUGHLIN, Friends of Palm Springs Mountains, stated the Shadowrock agreement has already expired and legally may not be extended, requested the City Council deny the request to extend the development agreement.
DANA STEWART, Palm Springs, commented on development and requested the City Council deny the request to extend the agreement.
JONO HILDNER, Palm Springs, commented on the Planning Commission meeting, and requested the City Council deny the request to extend the development agreement.
JEFFERY WELSHANDS, Palm Springs, commented on the environmental concerns, and requested the City Council deny the request to extend the agreement.
JOAN TAYLOR, Palm Springs, submitted a map of Big Horn sheep sightings in the Chino Canyon; commented on the environmental aspects, requested a new EIR, and requested the City Council deny the extension of the agreement.
CHUCK NISBET, Palm Springs, stated tonight is the start of a second chance and commented on changes to the Community; requested the City Council deny the request to extend the agreement.
LEA GOODSELL, Palm Desert, commented on branding the City and requested the City Council support the extension of the agreement.
JAMES HAYTON, Palm Springs, commented on economic growth and requested the City Council deny the request to extend the agreement.
MARGE HALL, requested the City Council deny the request to extend the agreement and requested the property be designated as a conservation area.
ROXANNE PLOSS, Palm Springs, commented on eco-tourism and requested the City Council deny the request to extend the agreement.
No further speakers coming forward the public hearing was closed.
Councilmember Pougnet requested the Applicant address if the City has been presented a letter of Intent for a 5-Star Hotel.
Councilmember McCulloch commented on the background of his past actions on this development and the current state of the City with respect to the financial impact this development would provide the City; commented on development in the area by the Tribe, and the delays brought-on to the developer.
Councilmember Mills commented on the process and fairness to the Developer, and reiterated the proposed action is an extension to an approved agreement; commented on the potential development by the Tribe, and the action of the Planning Commission.
Councilmember Pougnet requested the City Attorney address the concept of "taking," commented on the Planning Commission meeting, the objectives, the commencement of the project and the risk of completion.
Mayor Oden commented on Measure B, growth and responsible development, concept of a "bedroom community" and providing economic stability for the City.
Motion to 1) Waive the reading of the Ordinance text in its entirety and introduce by title only, and 2) Introduce Ordinance No. 1689, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TEN-YEAR TIME EXTENSION OF THE TERM OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND SHADOWROCK REAL ESTATE DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED ALONG TRAMWAY ROAD APPROXIMATELY 1.5 MILES WEST OF HIGHWAY 111, PD224, SECTIONS 5, 6, AND 8." Moved by Councilmember Mills, seconded by Councilmember McCulloch.
Vote to 1) Waive the reading of the Ordinance text in its entirety and introduce by title only, and 2) Introduce Ordinance No. 1689, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TEN-YEAR TIME EXTENSION OF THE TERM OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND SHADOWROCK REAL ESTATE DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED ALONG TRAMWAY ROAD APPROXIMATELY 1.5 MILES WEST OF HIGHWAY 111, PD224, SECTIONS 5, 6, AND 8." (Approved)
The City Council recessed at 9:35 P.M.
The City Council reconvened at 9:43 P.M. and Mayor Pro Tem Foat returned to the dais.
1.F. FOUR SEASONS TENTATIVE TRACT MAP 31525, SUBDIVIDING AN APPROXIMATE 23.9-ACRE PARCEL INTO 70 SINGLE-FAMILY RESIDENTIAL LOTS AND TWO WATER QUALITY LOTS, ALONG WITH THE DEDICATION OF AN APPROXIMATE SEVEN-ACRE PARCEL FOR PARK PURPOSES:
Staff Report Item 1.F.
Craig Ewing, Director of Planning Services, and City Attorney Holland provided background information as outlined in the staff report dated May 3, 2006.
Mayor Oden opened the public hearing, and the following speakers addressed the City Council.
DAMON GASCON, Representing Applicant, stated they have been working diligently with staff to resolve the park dedication issue and requested the City Council approve the project, and the proposed contract.
DAVID BARON, Representing Applicant, requested approval of the TTM and approval of the agreement to further identify and resolve the outstanding issues with respect to the park dedication.
No further speakers coming forward, the public hearing was closed.
Motion to 1) Adopt Resolution No. 21567, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE TRACT MAP 31525 AND DIRECTING STAFF TO FILE THE ASSOCIATED NOTICE OF DETERMINATION, AND APPROVING TENTATIVE TRACT MAP 31525, FOUR SEASONS, FOR A GATED 70-UNIT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT WITH TWO LETTERED LOTS, AND DEDICATED PARKLAND, ON AN APPROXIMATE 23.9-ACRE PARCEL LOCATED ON THE EAST SIDE OF SUNRISE WAY NORTH, BETWEEN SAN RAFAEL DRIVE AND THE WHITEWATER WASH, ZONE PD-267, SECTION 36;" and 2) Authorize the City Manager to execute a Reservation of Rights agreement subject to review and approval of the City Attorney. A5284. Moved by Councilmember McCulloch, seconded by Mayor Pro Tem Foat.
Vote to 1) Adopt Resolution No. 21567, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE TRACT MAP 31525 AND DIRECTING STAFF TO FILE THE ASSOCIATED NOTICE OF DETERMINATION, AND APPROVING TENTATIVE TRACT MAP 31525, FOUR SEASONS, FOR A GATED 70-UNIT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT WITH TWO LETTERED LOTS, AND DEDICATED PARKLAND, ON AN APPROXIMATE 23.9-ACRE PARCEL LOCATED ON THE EAST SIDE OF SUNRISE WAY NORTH, BETWEEN SAN RAFAEL DRIVE AND THE WHITEWATER WASH, ZONE PD-267, SECTION 36;" and 2) Authorize the City Manager to execute a Reservation of Rights agreement subject to review and approval of the City Attorney. A5284. (Approved)
PUBLIC COMMENT:
WESLEY COLE, announced Green Friday on May 4 in the City of Palm Springs.
ANDREW STARKEY, Palm Springs, requested support of Consent Calendar Item 2.P. and Item 2.L. for the Fireworks Display; and provided an update to the City Council on the Palm Springs Power Baseball.
2. CONSENT CALENDAR:
Councilmember Pougnet commented on Consent Calendar Item 2.K., thanked the City Manager for his work and service to the community and requested the Item be approved as part of the Consent Calendar.
Mayor Oden commented on Consent Calendar Items 2.L. and 2.P., thanked the Palm Springs Power Baseball Team, and requested the Items be approved as part of the Consent Calendar.
Motion to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., 2.L., 2.M., 2.N., 2.O., 2.P., 2.Q., and 2.R. Moved by Councilmember Mills, seconded by Councilmember Pougnet.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., 2.L., 2.M., 2.N., 2.O., 2.P., 2.Q., and 2.R. (Approved)
2.A. REPORT ON POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.B. APPROVAL OF MINUTES:
Staff Report Item 2.B.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.C.
2.D. TREASURER'S INVESTMENT REPORT AS OF FEBRUARY 28, 2006:
Staff Report Item 2.D.
2.E. TREASURER'S INVESTMENT REPORT AS OF MARCH 31, 2006:
Staff Report Item 2.E.
2.F. AMENDMENT NO. 2 TO AGREEMENT NO. A4666 WITH HDR ENGINEERING, INC., FOR THE GENE AUTRY TRAIL WIDENING, CITY PROJECT NO 02-03:
Staff Report Item 2.F.
2.G. AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., FOR THE PALM SPRINGS STORM DRAIN LINE 6A, LINE 8, LATERAL 20C AND LATERAL 20CA PROJECT, CITY PROJECT 05-20:
Staff Report Item 2.G.
2.H. DECLARE BOARD OF APPEALS APPOINTIVE POSITION AS VACANT PURSUANT TO CHARTER SECTION 605(f):
Staff Report Item 2.H.
2.I. FINAL MAP 32675 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH CONTEMPO COUNTRY CLUB ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR 25 SINGLE FAMILY HOMES AND THREE OPEN SPACE LOTS, LOCATED AT 2800 WHITEWATER CLUB DRIVE, IN SECTION 1, TOWNSHIP 4 SOUTH, RANGE 4 EAST:
Staff Report Item 2.I.
2.J. CONVENTION CENTER KITCHEN BUILD-OUT, FULL FUNDING, PROJECT NO. 02-27A:
Staff Report Item 2.J.
2.K. AMENDMENT NO. 2 TO AGREEMENT NO. A4219 - CITY MANAGER EMPLOYMENT AGREEMENT:
Staff Report Item 2.K.
2.L. TEMPORARY SUSPENSION OF CERTAIN REGULATORY ORDINANCES TO FACILITATE A FIREWORKS DISPLAY AT THE PALM SPRINGS POWER BASEBALL GAME TO BE HELD AT THE PALM SPRINGS STADIUM ON JUNE 17, 2006:
Staff Report Item 2.L.
2.M. AMENDMENT NO. 7 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN, FISCAL YEAR 2005-06:
Staff Report Item 2.M.
2.N. FISCAL YEAR 2004-05 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET AMENDMENT AND AMENDMENT TO THE ANNUAL PLAN:
Staff Report Item 2.N.
2.O. VILLAGEFEST PROMOTIONAL ADVERTISING FROM KESQ-TV:
Staff Report Item 2.O.
2.P. AGREEMENT WITH PALM SPRINGS POWER BASEBALL TEAM:
Staff Report Item 2.P.
2.Q. REQUEST FOR ASSIGNMENT OF LEASE - HEMINGER'S FUDGE AND CHOCOLATE COMPANY:
Staff Report Item 2.Q.
2.R. PROPOSED RESOLUTION ESTABLISHING COMPENSATION FOR THE MEMBERS OF THE GOVERNING BOARDS OF THE COMMUNITY REDEVELOPMENT AGENCY, FINANCING AUTHORITY AND HOUSING AUTHORITY:
Staff Report Item 2.R.
EXCLUDED CONSENT CALENDAR:
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS: None.
COUNCILMEMBER COMMENTS AND REPORTS:
Councilmember McCulloch commented on a recent luncheon for the Police Department volunteers and thanked the volunteers for over 15,000 hours of volunteer service to the City.
Councilmember Pougnet commented on the proposed Downtown Height Initiative circulating in the City.
Mayor Pro Tem Foat commented on the Homeless and Economically Disadvantaged Blue Ribbon Committee meeting, and announced upcoming events in the City.
Mayor Oden announced the activities and events attended by the Mayor's office and requested the City Manager report on the sign for the Theatre.
ADJOURNMENT: The City Council adjourned at 10:17 P.M. to a Council Cabinet and Study Session Meeting, Wednesday, May 10, 2006, at 6:00 P.M., City Hall Large Conference Room, preceded by a Closed Session at 5:00 P.M., City Hall Small Conference Room, 3200 East Tahquitz Canyon Way, Palm Springs.
May 03, 2006 City Council Meeting
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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: Rev. Duane Cox, Retired Religious Science Ministries, led the Invocation.
Roll Call: 6 members present, 0 members absent, 0 members excused.
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:
Councilmember McCulloch noted his business related abstention with respect to Warrant No. 1012306 on Consent Calendar Item 2.C.
Councilmember Pougnet requested Items 2.K. and 2.P be removed from the Consent Calendar for separate discussion.
Mayor Oden requested Consent Calendar Items 2.L. and 2.P be removed from the Consent Calendar for separate discussion.
Councilmember Mills noted his business related abstention on Consent Calendar Items 2.I. and 2.J.
Mayor Pro Tem Foat requested clarification on Consent Calendar Item 2.N.
Motion to Free Form Accept the Agenda as amended.
Vote to Accept the Agenda as amended. (Approved)
PRESENTATIONS:
Mayor Oden and the City Council proclaimed the week of May 1, 2006 as Public Service Employees Recognition Week in the City of Palm Springs.
Mayor Oden and the City Council presented a Certificate of Recognition to Irv and Branna Sisenwein founding members of the Coachella Valley Desert Visionaires.
Mayor Oden and the City Council presented a Certificate of Recognition to the Original Mexican Families for their contributions to the Palm Springs Village.
Mayor Oden and the City Council proclaimed the week of May 1, 2006 as California Building Safety Week in the City of Palm Springs.
Mayor Oden and the City Council proclaimed the week of May 17, 2006 as Stroke Recovery Center Week in the City of Palm Springs and acknowledged the Stroke Recovery Center for their continued public service.
1. PUBLIC HEARINGS:
Councilmember McCulloch stated he has a property ownership conflict of interest, would not participate in the discussion or the vote, and left Council Chamber at 6:27 P.M.
1.A. APPEAL OF PLANNING COMMISSION’S DECISION, BY REZA MAZAHERI, CASE NO. 6.486, VARIANCE TO ALLOWABLE WALL HEIGHT LOCATED AT 2001 EAST TAHQUITZ CANYON WAY:
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated May 3, 2006.
Mayor Oden opened the public hearing, and the following speaker addressed the City Council.
JOYCE VIRTUE, Representing Applicant, provided background information on the variance request and noted continued problems with the homeless.
No further speakers coming forward, the public hearing was closed.
Councilmember Pougnet requested clarification with respect to the wrought iron fence.
Councilmember Mills commented on the prior code enforcement problems, and stated the property is blighted; requested Code Enforcement continue to enforce violations on the property.
Mayor Pro Tem Foat requested the Police Department and staff address the homeless issues in the immediate area and property next door.
Mayor Oden provided background information on the Applicant and commented on the condition of the property.
Motion to Free Form Adopt Resolution No. 21565, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DENIAL OF CASE 6.486-VAR A VARIANCE TO THE ALLOWED WALL HEIGHTS LOCATED AT 2001 EAST TAHQUITZ CANYON WAY, ZONE R2, SECTION 13."
Vote to Adopt Resolution No. 21565, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DENIAL OF CASE 6.486-VAR A VARIANCE TO THE ALLOWED WALL HEIGHTS LOCATED AT 2001 EAST TAHQUITZ CANYON WAY, ZONE R2, SECTION 13." (Approved)
Councilmember McCulloch returned to the dais at 6:40 P.M.
1.B. INTERIM URGENCY ORDINANCE EXTENDING ORDINANCE NO. 1687 A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF PALM SPRINGS:
Staff Report Item 1.B.
City Attorney Holland provided background information as outlined in the staff report dated May 3, 2006.
Mayor Oden requested staff provide a progress report on the Committee assigned to study this issue.
Mayor Oden opened the public hearing and the following speakers addressed the City Council.
SUMMER GLENNY, Redlands, thanked the City Council for forming the Committee and requested the City not extend the moratorium the length of time in the staff report.
GARY SILVA, Sky Valley, spoke in favor of Medical Marijuana, and stated he is a member of the Committee and the extension is too long.
ROXANN PLOSS, Palm Springs, commented on the benefits of Medical Marijuana and requested the moratorium be shorter.
KRISTA SILVA, Sky Valley, stated the extension of the moratorium should be shortened to 90-days.
RYAN MICHAELS, Riverside, stated his support for medical marijuana and provided information with respect to services provided by local agencies.
STACY HOCHENAGAL, requested the City Council shorten the moratorium to 6 months.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Foat requested staff address the timing issue of the moratorium and commented on the amount of time needed to study the issue and amount of time requested to extend the moratorium.
Mayor Oden commented on balancing the needs of the users of medical marijuana and the needs and public safety issues to the residents and surrounding businesses.
Motion to Free Form 1) Receive and File the Staff Report dated May 3, 2006 as the written report pursuant to Government Code Section 65858; and 2) Waive the reading of the Ordinance text in its entirety and adopt by title only, and 3) Adopt Interim Urgency Ordinance No. 1688, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING ORDINANCE NO. 1687, A TEMPORARY MORATORIUM ON THE LEGAL ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF PALM SPRINGS FOR AN ADDITIONAL PERIOD OF 10 MONTHS AND 15 DAYS PENDING COMPLETION OF A STUDY OF ZONING REGULATIONS THAT ARE NEEDED TO ALLEVIATE A CURRENT AND ACTUAL THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE."
Vote to 1) Receive and File the Staff Report dated May 3, 2006 as the written report pursuant to Government Code Section 65858; and 2) Waive the reading of the Ordinance text in its entirety and adopt by title only, and 3) Adopt Interim Urgency Ordinance No. 1688, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING ORDINANCE NO. 1687, A TEMPORARY MORATORIUM ON THE LEGAL ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF PALM SPRINGS FOR AN ADDITIONAL PERIOD OF 10 MONTHS AND 15 DAYS PENDING COMPLETION OF A STUDY OF ZONING REGULATIONS THAT ARE NEEDED TO ALLEVIATE A CURRENT AND ACTUAL THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE." (Approved)
1.C. DECISION TO OVERRIDE THE RIVERSIDE COUNTY AIRPORT LAND USE COMPATIBILITY PLAN FOR PLANNED DEVELOPMENT PD-291 ("THE SPRINGS" COMMERCIAL CENTER) LOCATED AT THE NORTHEAST CORNER OF GENE AUTRY TRAIL (STATE HIGHWAY 111) AND RAMON ROAD:
Staff Report Item 1.C.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated May 3, 2006.
Councilmember Pougnet requested staff address the conditions in the staff report and the proposed resolution.
Mayor Pro Tem Foat requested staff address the conditions regarding the Sub-Division Map Act.
Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to Adopt Resolution No. 21566, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERRIDING THE RIVERSIDE COUNTY AIRPORT LAND USE COMPATIBILITY PLAN FOR PLANNED DEVELOPMENT PD-291 ("THE SPRINGS" COMMERCIAL CENTER) LOCATED AT THE NORTHEAST CORNER OF GENE AUTRY TRAIL (STATE HIGHWAY 111) AND RAMON ROAD." Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to Adopt Resolution No. 21566, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERRIDING THE RIVERSIDE COUNTY AIRPORT LAND USE COMPATIBILITY PLAN FOR PLANNED DEVELOPMENT PD-291 ("THE SPRINGS" COMMERCIAL CENTER) LOCATED AT THE NORTHEAST CORNER OF GENE AUTRY TRAIL (STATE HIGHWAY 111) AND RAMON ROAD." (Approved)
1.D. PLANNED DEVELOPMENT PD 314 AND TTM 33575 (CASE NO. 5.1056), APPLICATION BY PALM CANYON 102, L.P. FOR A PLANNED DEVELOPMENT AND A TENTATIVE TRACT MAP TO ALLOW DEVELOPMENT OF 26 LIVE WORK UNITS, 80 ATTACHED TOWNHOMES AND 15,000 SQUARE FEET OF COMMERCIAL SPACE ON A 11.7 ACRE SITE LOCATED EAST OF SOUTH PALM CANYON AND SOUTH OF THE TAHQUITZ CREEK CHANNEL, ZONE C-1, SECTION 23, APN 508-172-005, 508-172-006, AND 508-172-007:
Staff Report Item 1.D.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated May 3, 2006.
The City Council recessed at 7:10 P.M.
The City Council reconvened at 7:15 P.M.
Mayor Oden opened the public hearing and the following speakers addressed the City Council.
DAVID HILLIARD, Applicant, provided background information and an overview of the project; provided a Power Point presentation.
JAY REYNOLDS, Representing Applicant, provided additional information on the site plan.
ROBERT RAMBLAS, Representing Applicant, provided background information on the live/work concept and the proposed live/work units.
APRIL HILDNER, Palm Springs, stated her concerns with density, traffic mitigation and construction traffic.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills commented on the site plan and expressed concerns with respect to the current zoning and the meaning of the property to the City; commented on the highest and best use; stated any proposed development on the property should be more focused on the commercial uses.
Councilmember McCulloch commented on the process with respect to the Applicant, stated his support for the project and recommended the City Council approve the project.
Mayor Pro Tem Foat commented on the view from Palm Canyon and continued to express concerns with view of garage doors and density.
Councilmember Pougnet commented on the highest and best use for this property and density.
Mayor Oden commented on the goals and target of the site and the proposed project.
Motion to Adopt Resolution "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1056, PD 314, AND TTM 33575 - AN APPLICATION BY PALM CANYON 102 L.P. FOR A MIXED-USE DEVELOPMENT CONSISTING OF 26 LIVE-WORK UNITS, 80 ATTACHED TOWNHOMES AND 15,000 SQUARE FEET OF RETAIL SPACE LOCATED ON 11.71 ACRES BOUND BY THE TAHQUITZÂ CREEK CHANNEL TO THE NORTH AND RANDOM ROAD TO THE EAST" as amended by adding Section 5 to the proposed resolution approving the project subject to the conditions of approval. Moved by Councilmember McCulloch, seconded by Mayor Oden.
Vote to Adopt Resolution "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1056, PD 314, AND TTM 33575 - AN APPLICATION BY PALM CANYON 102 L.P. FOR A MIXED-USE DEVELOPMENT CONSISTING OF 26 LIVE-WORK UNITS, 80 ATTACHED TOWNHOMES AND 15,000 SQUARE FEET OF RETAIL SPACE LOCATED ON 11.71 ACRES BOUND BY THE TAHQUITZÂ CREEK CHANNEL TO THE NORTH AND RANDOM ROAD TO THE EAST" as amended by adding Section 5 to the proposed resolution approving the project subject to the conditions of approval. (Declined)
Mayor Pro Tem Foat asked about the possibility of creating a City Council sub-committee to work with the Applicant.
Mayor Oden commented on the concept of creating a sub-committee.
Councilmember Pougnet and Mayor Pro Tem Foat stated density is an issue with the proposed project.
Councilmember Mills commented on the previously approved site plan along with the concept of the original project proposed and approved for this site.
Councilmember McCulloch commented on the process.
Councilmember Pougnet commented on the process and the density concerns.
Councilmember Mills commented on the development planning process for this type of project.
Mayor Oden commented on the process and the previous direction to the Applicant.
Motion to Refer the project back to the Planning Commission. Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.
Vote to Refer the project back to the Planning Commission. (Approved)
Mayor Pro Tem Foat stated she may have a perceived conflict of interest due to verbal comments and promises made by the Applicant to her business partner, would not participate in the discussion or the vote and left Council Chamber at 7:53 P.M.
1.E. SHADOWROCK DEVELOPMENT AGREEMENT EXTENSION, CASE 5.0609, PLANNED DEVELOPMENT DISTRICT 224, TENTATIVE TRACT MAP 28587:
Staff Report Item 1.E.
EIR Item 1.E.
EIR Addendum Item 1.E.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report May 3, 2006.
JOHN CRISTE, Terra Nova Planning and Research, provided information to the Response to Comments on the FEIR Addendum for Shadowrock as presented to the City Council.
Mayor Oden requested clarification on the proposal and recommended action before the Council.
Mayor Oden opened the public hearing and the following speakers addressed the City Council.
MARK BRAGG, Palm Springs, Applicant, stated he did not approach Mayor Pro Tem Foat’s partner; provided background information on the project and the request for the Development Agreement Extension and provided a Power Point presentation.
ED TORRES, Palm Springs, commented on the project and stated his support for extending the agreement.
WILLIAM (BILL) FORD, Palm Springs, stated his support for the project.
VIC GAINER, Palm Springs, expressed concerns with the financial commitments and requested the City consider a land swap in lieu of approving the project on the Chino Cone.
CELESTE DOYLE, requested the City Council deny the request and expressed concerns with the habitat for Big Horn Sheep, urban sprawl, legal concerns, and problems with the FEIR Addendum.
GREG DAY, Palm Springs, requested the City Council not approve the extension and start the project over.
BILL COCKRUM, commented on the fiscal aspects and resources of the Shadowrock project.
DAVID WAITE, Legal Counsel for Shadowrock, clarified the entity on the proposed ordinance, addressed the state of the current agreement, the FEIR and mitigation measures, and the requests for a new EIR.
DAVID BARON, commented on development in the Chino Cone and the balance between the developer and the community; requested City Council support for extending the current agreement.
MARVIN ROOS, read a letter by Aftab Dada requesting support for extending the agreement.
TAMARA STEVENS, read a letter of support from the Board of Directors of the Palm Springs Economic Development Corporation; requested the approval of the extension to the agreement.
MITCH SPIKE, Palm Springs Police Officers Association, commented on the fiscal impact to the City and requested support to extend the agreement.
REV. JERRY JOHNSON, spoke in support of extending the development agreement and commented on the view from the Gateway to the City with the proposed project.
CHARLES SACHS, Palm Springs, commented on development of the Gateway and requested the City Council deny the extension of the development agreement.
MALLIKA ALBERT, Palm Springs, commented on her support to preserve the Chino Cone forever.
CAROLE SUCKMAN, Palm Springs, stated her support to deny the request to extend the development agreement and for preservation of the Chino Cone.
GLADYS KRENEK, Palm Springs, stated her support for preservation of the Chino Cone, and requested the City Council deny the development agreement.
NICKIE MCLAUGHLIN, Friends of Palm Springs Mountains, stated the Shadowrock agreement has already expired and legally may not be extended, requested the City Council deny the request to extend the development agreement.
DANA STEWART, Palm Springs, commented on development and requested the City Council deny the request to extend the agreement.
JONO HILDNER, Palm Springs, commented on the Planning Commission meeting, and requested the City Council deny the request to extend the development agreement.
JEFFERY WELSHANDS, Palm Springs, commented on the environmental concerns, and requested the City Council deny the request to extend the agreement.
JOAN TAYLOR, Palm Springs, submitted a map of Big Horn sheep sightings in the Chino Canyon; commented on the environmental aspects, requested a new EIR, and requested the City Council deny the extension of the agreement.
CHUCK NISBET, Palm Springs, stated tonight is the start of a second chance and commented on changes to the Community; requested the City Council deny the request to extend the agreement.
LEA GOODSELL, Palm Desert, commented on branding the City and requested the City Council support the extension of the agreement.
JAMES HAYTON, Palm Springs, commented on economic growth and requested the City Council deny the request to extend the agreement.
MARGE HALL, requested the City Council deny the request to extend the agreement and requested the property be designated as a conservation area.
ROXANNE PLOSS, Palm Springs, commented on eco-tourism and requested the City Council deny the request to extend the agreement.
No further speakers coming forward the public hearing was closed.
Councilmember Pougnet requested the Applicant address if the City has been presented a letter of Intent for a 5-Star Hotel.
Councilmember McCulloch commented on the background of his past actions on this development and the current state of the City with respect to the financial impact this development would provide the City; commented on development in the area by the Tribe, and the delays brought-on to the developer.
Councilmember Mills commented on the process and fairness to the Developer, and reiterated the proposed action is an extension to an approved agreement; commented on the potential development by the Tribe, and the action of the Planning Commission.
Councilmember Pougnet requested the City Attorney address the concept of "taking," commented on the Planning Commission meeting, the objectives, the commencement of the project and the risk of completion.
Mayor Oden commented on Measure B, growth and responsible development, concept of a "bedroom community" and providing economic stability for the City.
Motion to 1) Waive the reading of the Ordinance text in its entirety and introduce by title only, and 2) Introduce Ordinance No. 1689, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TEN-YEAR TIME EXTENSION OF THE TERM OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND SHADOWROCK REAL ESTATE DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED ALONG TRAMWAY ROAD APPROXIMATELY 1.5 MILES WEST OF HIGHWAY 111, PD224, SECTIONS 5, 6, AND 8." Moved by Councilmember Mills, seconded by Councilmember McCulloch.
Vote to 1) Waive the reading of the Ordinance text in its entirety and introduce by title only, and 2) Introduce Ordinance No. 1689, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TEN-YEAR TIME EXTENSION OF THE TERM OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND SHADOWROCK REAL ESTATE DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED ALONG TRAMWAY ROAD APPROXIMATELY 1.5 MILES WEST OF HIGHWAY 111, PD224, SECTIONS 5, 6, AND 8." (Approved)
The City Council recessed at 9:35 P.M.
The City Council reconvened at 9:43 P.M. and Mayor Pro Tem Foat returned to the dais.
1.F. FOUR SEASONS TENTATIVE TRACT MAP 31525, SUBDIVIDING AN APPROXIMATE 23.9-ACRE PARCEL INTO 70 SINGLE-FAMILY RESIDENTIAL LOTS AND TWO WATER QUALITY LOTS, ALONG WITH THE DEDICATION OF AN APPROXIMATE SEVEN-ACRE PARCEL FOR PARK PURPOSES:
Staff Report Item 1.F.
Craig Ewing, Director of Planning Services, and City Attorney Holland provided background information as outlined in the staff report dated May 3, 2006.
Mayor Oden opened the public hearing, and the following speakers addressed the City Council.
DAMON GASCON, Representing Applicant, stated they have been working diligently with staff to resolve the park dedication issue and requested the City Council approve the project, and the proposed contract.
DAVID BARON, Representing Applicant, requested approval of the TTM and approval of the agreement to further identify and resolve the outstanding issues with respect to the park dedication.
No further speakers coming forward, the public hearing was closed.
Motion to 1) Adopt Resolution No. 21567, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE TRACT MAP 31525 AND DIRECTING STAFF TO FILE THE ASSOCIATED NOTICE OF DETERMINATION, AND APPROVING TENTATIVE TRACT MAP 31525, FOUR SEASONS, FOR A GATED 70-UNIT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT WITH TWO LETTERED LOTS, AND DEDICATED PARKLAND, ON AN APPROXIMATE 23.9-ACRE PARCEL LOCATED ON THE EAST SIDE OF SUNRISE WAY NORTH, BETWEEN SAN RAFAEL DRIVE AND THE WHITEWATER WASH, ZONE PD-267, SECTION 36;" and 2) Authorize the City Manager to execute a Reservation of Rights agreement subject to review and approval of the City Attorney. A5284. Moved by Councilmember McCulloch, seconded by Mayor Pro Tem Foat.
Vote to 1) Adopt Resolution No. 21567, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE TRACT MAP 31525 AND DIRECTING STAFF TO FILE THE ASSOCIATED NOTICE OF DETERMINATION, AND APPROVING TENTATIVE TRACT MAP 31525, FOUR SEASONS, FOR A GATED 70-UNIT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT WITH TWO LETTERED LOTS, AND DEDICATED PARKLAND, ON AN APPROXIMATE 23.9-ACRE PARCEL LOCATED ON THE EAST SIDE OF SUNRISE WAY NORTH, BETWEEN SAN RAFAEL DRIVE AND THE WHITEWATER WASH, ZONE PD-267, SECTION 36;" and 2) Authorize the City Manager to execute a Reservation of Rights agreement subject to review and approval of the City Attorney. A5284. (Approved)
PUBLIC COMMENT:
WESLEY COLE, announced Green Friday on May 4 in the City of Palm Springs.
ANDREW STARKEY, Palm Springs, requested support of Consent Calendar Item 2.P. and Item 2.L. for the Fireworks Display; and provided an update to the City Council on the Palm Springs Power Baseball.
2. CONSENT CALENDAR:
Councilmember Pougnet commented on Consent Calendar Item 2.K., thanked the City Manager for his work and service to the community and requested the Item be approved as part of the Consent Calendar.
Mayor Oden commented on Consent Calendar Items 2.L. and 2.P., thanked the Palm Springs Power Baseball Team, and requested the Items be approved as part of the Consent Calendar.
Motion to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., 2.L., 2.M., 2.N., 2.O., 2.P., 2.Q., and 2.R. Moved by Councilmember Mills, seconded by Councilmember Pougnet.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., 2.L., 2.M., 2.N., 2.O., 2.P., 2.Q., and 2.R. (Approved)
2.A. REPORT ON POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.B. APPROVAL OF MINUTES:
Staff Report Item 2.B.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.C.
2.D. TREASURER'S INVESTMENT REPORT AS OF FEBRUARY 28, 2006:
Staff Report Item 2.D.
2.E. TREASURER'S INVESTMENT REPORT AS OF MARCH 31, 2006:
Staff Report Item 2.E.
2.F. AMENDMENT NO. 2 TO AGREEMENT NO. A4666 WITH HDR ENGINEERING, INC., FOR THE GENE AUTRY TRAIL WIDENING, CITY PROJECT NO 02-03:
Staff Report Item 2.F.
2.G. AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., FOR THE PALM SPRINGS STORM DRAIN LINE 6A, LINE 8, LATERAL 20C AND LATERAL 20CA PROJECT, CITY PROJECT 05-20:
Staff Report Item 2.G.
2.H. DECLARE BOARD OF APPEALS APPOINTIVE POSITION AS VACANT PURSUANT TO CHARTER SECTION 605(f):
Staff Report Item 2.H.
2.I. FINAL MAP 32675 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH CONTEMPO COUNTRY CLUB ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR 25 SINGLE FAMILY HOMES AND THREE OPEN SPACE LOTS, LOCATED AT 2800 WHITEWATER CLUB DRIVE, IN SECTION 1, TOWNSHIP 4 SOUTH, RANGE 4 EAST:
Staff Report Item 2.I.
2.J. CONVENTION CENTER KITCHEN BUILD-OUT, FULL FUNDING, PROJECT NO. 02-27A:
Staff Report Item 2.J.
2.K. AMENDMENT NO. 2 TO AGREEMENT NO. A4219 - CITY MANAGER EMPLOYMENT AGREEMENT:
Staff Report Item 2.K.
2.L. TEMPORARY SUSPENSION OF CERTAIN REGULATORY ORDINANCES TO FACILITATE A FIREWORKS DISPLAY AT THE PALM SPRINGS POWER BASEBALL GAME TO BE HELD AT THE PALM SPRINGS STADIUM ON JUNE 17, 2006:
Staff Report Item 2.L.
2.M. AMENDMENT NO. 7 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN, FISCAL YEAR 2005-06:
Staff Report Item 2.M.
2.N. FISCAL YEAR 2004-05 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET AMENDMENT AND AMENDMENT TO THE ANNUAL PLAN:
Staff Report Item 2.N.
2.O. VILLAGEFEST PROMOTIONAL ADVERTISING FROM KESQ-TV:
Staff Report Item 2.O.
2.P. AGREEMENT WITH PALM SPRINGS POWER BASEBALL TEAM:
Staff Report Item 2.P.
2.Q. REQUEST FOR ASSIGNMENT OF LEASE - HEMINGER'S FUDGE AND CHOCOLATE COMPANY:
Staff Report Item 2.Q.
2.R. PROPOSED RESOLUTION ESTABLISHING COMPENSATION FOR THE MEMBERS OF THE GOVERNING BOARDS OF THE COMMUNITY REDEVELOPMENT AGENCY, FINANCING AUTHORITY AND HOUSING AUTHORITY:
Staff Report Item 2.R.
EXCLUDED CONSENT CALENDAR:
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS: None.
COUNCILMEMBER COMMENTS AND REPORTS:
Councilmember McCulloch commented on a recent luncheon for the Police Department volunteers and thanked the volunteers for over 15,000 hours of volunteer service to the City.
Councilmember Pougnet commented on the proposed Downtown Height Initiative circulating in the City.
Mayor Pro Tem Foat commented on the Homeless and Economically Disadvantaged Blue Ribbon Committee meeting, and announced upcoming events in the City.
Mayor Oden announced the activities and events attended by the Mayor's office and requested the City Manager report on the sign for the Theatre.
ADJOURNMENT: The City Council adjourned at 10:17 P.M. to a Council Cabinet and Study Session Meeting, Wednesday, May 10, 2006, at 6:00 P.M., City Hall Large Conference Room, preceded by a Closed Session at 5:00 P.M., City Hall Small Conference Room, 3200 East Tahquitz Canyon Way, Palm Springs.
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