City Clerk Thompson stated that staff requested Public Hearing Item 1.C. be continued to July 26, 2006 and to direct the City Clerk to post a Notice of Continued Public Hearing.

Councilmember Pougnet requested a correction to the Minutes of July 12, 2006 clarifying his abstention request on Item 2.B. on the Minutes.

Mayor Pro Tem Foat requested staff notify all phases of the Palm Springs Country Club Residents of the Approval of Consent Calendar Item 2.J. Acceptance of Public Sewer Easements in the Palm Springs Country Club area.

Motion to Approve Accept the Agenda as amended. Moved by Councilmember Mills, seconded by Councilmember Pougnet.

Vote to Approve ACCEPTANCE OF THE AGENDA: (Approved)

1. PUBLIC HEARINGS:

1.A. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS, FISCAL YEAR 2006-07:

Staff Report Item 1.A.

David Barakian, City Engineer, provided background information as outlined in the staff report dated July 19, 2006.

Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.

The City Council directed the City Clerk to tabulate and canvass the vote for the protest proceedings and moved on in the meeting.

City Clerk Thompson stated the results of the election.
     District No. 1 - 868.77 (34%) YES to 1,660.47 (66%) NO (FAILED)
     District No. 2 - 1,402.40 (28%) YES to 3,693.04 (72%) NO (FAILED)
     District No. 4 - 194.60 (9%) YES to 2,043.30 (91%) NO (FAILED)
     District No. 6B- 456.89 (18%) YES to 2,088.64 (82%) NO (FAILED)
     District No. 6C- 4,122.70 (59%) YES to 2,885.89 (41%) NO (PASSED)
     District No. 8 - 4,052.36 (38%) YES to 6,546.12 (62%) NO (FAILED)
     District No. 9 - 4,621.95 (42%) YES to 6,470.73 (58%) NO (FAILED)

Mayor Oden requested staff address the subsidy of the General Fund to the Districts and options. City Manager Ready provided information on the subsidy and stated staff will work on reducing the services to the Districts that did not approve an increase.

Mayor Oden requested staff address the process of the Assessment Districts and requested a summary regarding Proposition 218 with respect to the Assessments.

City Manager Ready indicated the City Council needs to take some action on the other districts by approving the existing assessment and possible reduction in services.

1.B. PLACEMENT OF PUBLIC NUISANCE ABATEMENT FEES ON THE PROPERTY TAX ROLLS:

Staff Report Item 1.B.

Don Duckworth, Director of Building and Safety, provided background information as outlined in the staff report dated July 19, 2006.

The owner of the property 580 South Desert View paid the abatement costs and the lien will not be assessed to this property.

Mayor Pro Tem Foat requested staff address the next step in the process and if the property returns to the state which required the abatement.

Mayor Oden requested staff address the follow-up on the abated and nuisance properties.

Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.

1.C. THE PALMS HOTEL - CASE NO. 5.1089, PLANNED DEVELOPMENT DISTRICT 322, AN APPLICATION FOR THE DEVELOPMENT OF A FOUR-STORY BOUTIQUE HOTEL WITH 51 ROOMS INCLUDING 11 SUITES, ROOF TERRACE AREA WITH CABANAS, A RESTAURANT, A BAR, A WATER FEATURE, AND SWIMMING POOL ON APPROXIMATELY 36,217 SQUARE FEET SITE LOCATED AT THE SOUTHWEST CORNER OF TAHQUITZ CANYON WAY AND CAHUILLA ROAD:

Staff Report Item 1.C.

ACTION: 1) Continue the public hearing to July 26, 2006; and 2) Direct the City Clerk to post a notice of continued public hearing. Approved under Acceptance of the Agenda.

1.D. AN ORDINANCE OF THE CITY OF PALM SPRINGS ADDING SECTIONS 92.21.1.00, 92.21.1.01, 92.21.1.02, 92.21.1.03, 92.21.1.04, 92.21.1.05, 92.21.1.06, AND 92.21.1.07 TO, AND AMENDING SECTION 91.00.10 OF, THE PALM SPRINGS ZONING CODE, RELATING TO THE ESTABLISHMENT OF REGULATIONS FOR ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS, INCLUDING THE CHINO CONE:

Staff Report Item 1.D.

Motion to 1) Continue the Public Hearing to September 6, 2006 with no public testimony; and 2) Direct the City Clerk to re-notice the public hearing. Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.

Vote to 1) Continue the Public Hearing to September 6, 2006 with no public testimony; and 2) Direct the City Clerk to re-notice the public hearing. (Approved)

1.E. OMNIPOINT COMMUNICATIONS - T-MOBILE CASE NO. 5.1106, CONDITIONAL USE PERMIT, REQUESTING APPROVAL TO REPLACE A STADIUM LIGHT POLE WITH A NEW STADIUM LIGHT POLE / WIRELESS COMMUNICATION ANTENNA AND LEASE SPACE FOR EQUIPMENT CABINETS, LOCATED AT SUNRISE PLAZA PARK:

Staff Report Item 1.E.

David Newell, Associate Planner, presented background information as outlined in the staff report dated July 19, 2006.

City Attorney Holland stated the City Council may open the public hearing and take action with respect to the Resolution. The Minute Order approving the lease will return to the City Council on July 26, 2006.

Councilmember Pougnet requested staff address the height of the tower.

Councilmember Mills requested staff address Item No. 7 in the Conditions of Approval and the word "removed" should be "renewed," and the request that the Applicant bring a landscape plan for approval by the Director of Planning Services.

Mayor Pro Tem Foat commented on the lighting and requested staff address lighting upgrades.

Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.

Councilmember Mills requested staff address the modifications to the existing fence, and the possiblity of a condition that the fence be extended to the Frey Building and require masonry walls.

Mayor Oden commented on the landscaping and stated the block wall would be a safety issue, and requested the Police Chief address the wall.

MOTION: 1) Adopt Resolution "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1106, CONDITIONAL USE PERMIT APPLICATION, FOR THE REPLACEMENT OF A STADIUM LIGHT POLE WITH A NEW NINETY-FOOT STADIUM LIGHT POLE / WIRELESS COMMUNICATION ANTENNA AND SEVEN-FOOT FENCE TO ENCLOSE EQUIPMENT CABINETS WITHIN A 346 SQUARE FEET LEASED AREA, LOCATED AT 450 SOUTH SUNRISE WAY (PALM SPRINGS STADIUM), O ZONE, SECTION 13, T4S, R5E." Motion withdrawn by Councilmember McCulloch.

Motion to 1) Adopt Resolution No. 21679, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1106, CONDITIONAL USE PERMIT APPLICATION, FOR THE REPLACEMENT OF A STADIUM LIGHT POLE WITH A NEW NINETY-FOOT STADIUM LIGHT POLE / WIRELESS COMMUNICATION ANTENNA AND SEVEN-FOOT FENCE TO ENCLOSE EQUIPMENT CABINETS WITHIN A 346 SQUARE FEET LEASED AREA, LOCATED AT 450 SOUTH SUNRISE WAY (PALM SPRINGS STADIUM), O ZONE, SECTION 13, T4S, R5E"amending the Conditions of Approval to provide that new landscaping be equal in height to existing landscaping, and correcting Condition No. 7 to read "renewed." Moved by Mayor Pro Tem Foat, seconded by Councilmember Pougnet.

Vote to 1) Adopt Resolution No. 21679, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1106, CONDITIONAL USE PERMIT APPLICATION, FOR THE REPLACEMENT OF A STADIUM LIGHT POLE WITH A NEW NINETY-FOOT STADIUM LIGHT POLE / WIRELESS COMMUNICATION ANTENNA AND SEVEN-FOOT FENCE TO ENCLOSE EQUIPMENT CABINETS WITHIN A 346 SQUARE FEET LEASED AREA, LOCATED AT 450 SOUTH SUNRISE WAY (PALM SPRINGS STADIUM), O ZONE, SECTION 13, T4S, R5E"amending the Conditions of Approval to provide that new landscaping be equal in height to existing landscaping. (Approved)

1.F. AN APPLICATION BY PALI-PALM SPRINGS, LLC TO SUBDIVIDE A PREVIOUSLY DEVELOPED SITE OF APPROXIMATELY 92,862 SQUARE FEET OR 2.13 ACRES - THE ORCHID TREE INN - FOR CONSTRUCTION OF 34 RESIDENTIAL CONDOMINIUM UNITS, AND A NINE-ROOM HOTEL, NOW CALLED PALI-HOUSE, LOCATED AT 261 SOUTH BELARDO ROAD, ZONE R-3, SECTION 15, APN: 513-152-010, 513-152-014, 513-152-018, 513-152-019:

Staff Report Item 1.F.

Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 19, 2006.

Mayor Oden requested staff address the bungalow and the 120-day stay.

Mayor Pro Tem Foat requested staff address the sub-division map for the condominium portion of the project.

Mayor Oden opened the public hearing, and the following speakers addressed the City Council.

MATT FISHER, Representing Applicant, provided an overview of the proposed project and noted the preservation components of the project.

ALLISON MASSETT, Representing Applicant, provided an overview of the project and noted the mixed-use components of the project.

THOMAS LOCKET, Representing Applicant, provided an overview of the proposed landscaping of the project.

BOB HELBLING, Palm Springs, stated his support for the project, and noted the Developer's modifications as requested by the neighborhood.

SHERYL HAMLIN, Palm Springs, stated the craftsman structure needs to be preserved, commented on the subterranean garage, and requested the City Council take no action until the Historic Site Preservation Board 120-day stay has expired.

LAURI AYLAIAN, Palm Springs, commented on the responsiveness of the Developer to meet the needs of the neighborhood, but requests the City Council work with the neighborhood and requested the 16-plex be scaled down.

MATT FISHER, Rebuttal, commented on the outreach and modifications to the project based on the comments of the neighborhood and that the project has received approval by the Planning Commission, Architectural Advisory Committee and the Historic Site Preservation Board, and addressed the subterranean garage.

No further speakers coming forward, the public hearing was closed.

Mayor Pro Tem Foat requested clarification on the distance between buildings in the Development Standards, conditions for the underground parking, the number of hotel rooms plus a bar and a kitchen and if the conditions place restrictions on the bar, the definition of a "hospitality kitchen," and requested limits on construction hours. Mayor Pro Tem Foat expressed her concerns about demolishing the project and allowing the issuance of a demolition permit with full entitlements and building approvals, the loss of TOT, and requested staff address the loss of the craftsman structure and perhaps City involvement with respect to the relocation of the structure.

Councilmember Pougnet commented on the City involvement in the final disposition of the craftsman structure. Councilmember Pougnet requested the Applicant address the drainage issue being below grade and the preliminary grading plan, the preservation of the bungalow and the Frey structure.

Councilmember Mills requested staff clarify the administrative process and approvals thus far, and stated this is the only hearing the City Council will review the project.

Councilmember McCulloch stated he viewed this process through the Historic Site Preservation Board meetings, and the process with the Board, and commented on the willingness of the Developer to work with the staff and the neighborhood. Councilmember McCulloch requested the Historic Site Preservation Board be included in the next Joint Meeting of the City Council, Planning Commission and Architectural Advisory Committee.

Councilmember Mills commented on the impact to the area with respect to the demolition and the impact to the neighborhood during the construction process, and requested the Applicant address the view of the project in the final rendering.

Mayor Oden requested staff address the stay of the demolition of the bungalow.

Councilmember McCulloch confirmed his motion which did not include modifications to the demolition construction hours.

Councilmember Pougnet commented on limiting construction hours and if the City Council has previously limited hours.

Mayor Pro Tem Foat commented on the early construction hours of 7:00 AM in this neighborhood and commented on demolition.

Mayor Oden requested the Applicant estimate the amount of time of the demolition.

Motion to Adopt Resolution No. 21680, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP 34214, TO SUBDIVIDE APPROXIMATELY 92,862 SQUARE FEET OR 2.13 ACRES, FOR 34 RESIDENTIAL CONDOMINIUMS, A NINE-ROOM HOTEL, ASSOCIATED LANDSCAPING AND PARKING, LOCATED AT 261 SOUTH BELARDO ROAD, ZONE R-3, SECTION 15, APN: 513-152-010, 513-152-014, 513-152-018, 513-152-019." Moved by Councilmember McCulloch, seconded by Mayor Oden.

Vote to Adopt Resolution No. 21680, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP 34214, TO SUBDIVIDE APPROXIMATELY 92,862 SQUARE FEET OR 2.13 ACRES, FOR 34 RESIDENTIAL CONDOMINIUMS, A NINE-ROOM HOTEL, ASSOCIATED LANDSCAPING AND PARKING, LOCATED AT 261 SOUTH BELARDO ROAD, ZONE R-3, SECTION 15, APN: 513-152-010, 513-152-014, 513-152-018, 513-152-019." (Approved)

The City Council recessed at 7:55 P.M.

The City Council reconvened at 8:00 P.M. and returned to Public Hearing Item 1.A.

1.G. GENERAL PLAN AMENDMENT (CASE 5.1101), ZONING TEXT AMENDMENT (CASE 5.1124) AND VACATION OF STREET RIGHT-OF-WAY, FOR THE DEVELOPMENT OF A NEW BMW AUTOMOTIVE DEALERSHIP ON A 7.91 ACRE SITE LOCATED AT 3737 EAST PALM CANYON DRIVE:

Staff Report Item 1.G.

Lyn Calerdine, LSA Consultants, provided background information as outlined in the staff report dated July 19, 2006.

Councilmember Pougnet request staff address the vacation of Frontage Road.

Mayor Oden opened the public hearing, and the following speakers addressed the City Council.

JOHN ELLIS, Palm Springs, requested the City Council not vacate Frontage Road and stated his parcels would be land locked and the parcels would not have access.

The City Council recessed briefly due to a fire alarm.

SUSAN COGLIANO, requested the City Council postpone the final vote on the vacation of Frontage Road and send the plan back to the Planning Commission, spoke in opposition of the project.

JERRY JOHNSON, Representing BMW, thanked John Raymond, Director of Community and Economic Development, for working with them, and state his support for the project.

No further speakers coming forward, the public hearing was closed.

Mayor Oden requested the City Engineer address the vacation of Frontage Road and if parcels would be land locked, and the steepness of the grade.

Councilmember Mills requested staff address the street in relation to the existing mobile home parks with respect to the 1959 General Plan, and the status of the extension of Cherokee Way if it is a public or a private street.

Councilmember McCulloch requested staff address the action being proposed, the vacation of Frontage Road, and the Zone Text Amendment, and if other components of the project would return to the City Council at a later date.

Councilmember Mills requested the street vacation on Palm Canyon be modified from Sunrise to Golf Club to Sunrise to Cherokee Way as the remainder of the request will be addressed in the new General Plan.

Mayor Pro Tem Foat stated she would like to be able to consider information from the Developer of the Rainbow site and recommended that the City Council only consider the vacation to Cherokee Way.

Motion to 1) Adopt Resolution No. 21681, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY PALM SPRINGS, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION FOR THE BMW DEALERSHIP PROPOSED ON 7.91 ACRES LOCATED AT 3737 EAST PALM CANYON DRIVE, AND APPROVING CASE NUMBER 5.1101 GENERAL PLAN AMENDMENT, AND THE VACATION OF THE EAST PALM CANYON DRIVE FRONTAGE ROAD;" and 2) Waive the reading of the Ordinance text in its entirety and introduce by title only Ordinance No. 1695 "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING CASE NUMBER 5.1124 ZONING TEXT AMENDMENT TO ALLOW VEHICULAR PARKING FOR AUTO DEALERSHIPS ALONG EAST PALM CANYON DRIVE"amending the street vacation along Palm Canyon Drive from Sunrise to Cherokee Way. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.

Vote to 1) Adopt Resolution No. 21681, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY PALM SPRINGS, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION FOR THE BMW DEALERSHIP PROPOSED ON 7.91 ACRES LOCATED AT 3737 EAST PALM CANYON DRIVE, AND APPROVING CASE NUMBER 5.1101 GENERAL PLAN AMENDMENT, AND THE VACATION OF THE EAST PALM CANYON DRIVE FRONTAGE ROAD;" and 2) Waive the reading of the Ordinance text in its entirety and introduce by title only Ordinance No. 1695 "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING CASE NUMBER 5.1124 ZONING TEXT AMENDMENT TO ALLOW VEHICULAR PARKING FOR AUTO DEALERSHIPS ALONG EAST PALM CANYON DRIVE"amending the street vacation along Palm Canyon Drive from Sunrise to Cherokee Way. (Approved)

PUBLIC COMMENT:

JOHN TYMON, Palm Springs, commented on tourism and code enforcement issues.

CAROLE SUKMAN, commented on public hearing Item 1.C. The Palm Hotel, and stated the project is too big for the size of the property.

CRIS ROMERO, Coachella, commented on the Volunteer Senior Program and presented the City Council an honorary check representing the dollar amount of volunteer hours provided to the City.

ROXANN PLOSS, Palm Springs, commented on the initiative to limit height in the downtown area.

ALDEN GODFREY, Palm Springs, commented on the initiative to limit height in the downtown area.

BOB HELBLING, Palm Springs, commented on the initiative to limit height in the downtown area, and public hearing Item 1.C. the Palm Hotel.

DANA STEWART, Palm Springs, commented on the Mission Statement of the Palm Springs Board of Realtors and spoke regarding the initiative to limit height in the downtown area.

VIC GAINER, Palm Springs, commented on the Referendum filed for the extension of the Development Agreement for Shadowrock project.

JOY MEREDITH, Palm Springs, provided an update on the events and businesses in Downtown Palm Springs.

COUNCILMEMBER COMMENTS AND REQUESTS:

CITY MANAGER’S REPORT:

2.E. PROPOSED ORDINANCE ESTABLISHING RULES AND REGULATIONS AND MINIMUM OPERATING STANDARDS FOR ACCESS AND USE OF THE PALM SPRINGS INTERNATIONAL AIRPORT:

Staff Report Item 2.E.

2.F. ADOPTION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM:

Staff Report Item 2.F.

2.G. REQUEST BY RSM ARBOURS, LP, TIME EXTENSION FOR TENTATIVE TRACT MAP 32263, TO SUBDIVIDE APPROXIMATELY 2.3 ACRES OF LAND FOR THE PURPOSES OF CONDOMINIUM LOCATED AT 1301 MONTALVO WAY, ZONE M-1-P, SECTION 7:

Staff Report Item 2.G.

2.H. AMENDMENT NO. 1 TO AGREEMENT NO. A4393, A REIMBURSEMENT AGREEMENT WITH COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR THE GENE AUTRY TRAIL WIDENING PROJECT, VISTA CHINO TO INTERSTATE 10:

Staff Report Item 2.H.

2.I. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE FISCAL YEAR 2005-06 AND FISCAL YEAR 2006-07 ASPHALT RUBBERIZED HOT MIX OVERLAY, CITY PROJECT 05-22:

Staff Report Item 2.I.

2.J. ACCEPTANCE OF VARIOUS PUBLIC SEWER EASEMENTS IN THE PALM SPRINGS COUNTRY CLUB AREA, SECTION 1, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-05-022:

Staff Report Item 2.J.

2.K. APPROVAL OF AGREEMENT WITH THE CITY OF CATHEDRAL CITY FOR TRAFFIC SIGNAL MAINTENANCE OF THREE SHARED TRAFFIC SIGNALS ALONG RAMON ROAD.

Staff Report Item 2.K.

2.L. PURCHASE OF EIGHT (8) NEW FORD CROWN VICTORIA POLICE VEHICLES FOR USE BY THE POLICE DEPARTMENT:

Staff Report Item 2.L.

2.M. ANNUAL PURCHASE OF ELECTRONIC DATABASES FOR THE LIBRARY FROM EBSCO:

Staff Report Item 2.M.

3. LEGISLATIVE:

3.A. PROPOSED ORDINANCE ADDING SECTION 11.40.015, AMENDING SUBSECTIONS 1.1.140, 11.40.010, 11.44.020, 11.44.030, 11.44.060, 11.44.080, 11.44.100, 11.68.010, AND 11.68.135, AND AMENDING SUBSECTIONS (a) AND (h) OF SECTION 11.44.040 RELATING TO THE ADOPTION OF ADDITIONAL REGULATORY PROVISIONS GOVERNING THE USE OF PARKS, STREETS, AND PUBLIC AREAS:

Staff Report Item 3.A.

City Attorney Holland provided background information as outlined in the staff report dated July 19, 2006.

Motion to Waive the reading of the Ordinance text in its entirety and introduce by title only Ordinance No. 1696, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 11.40.015, AMENDING SUBSECTIONS 1.1.140, 11.40.010, 11.44.020, 11.44.030, 11.44.060, 11.44.080, 11.44.100, 11.68.010, AND 11.68.135, AND AMENDING SUBSECTIONS (a) AND (h) OF SECTION 11.44.040 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ADOPTION OF ADDITIONAL REGULATORY PROVISIONS GOVERNING THE USE OF PARKS, STREETS, AND PUBLIC AREAS." Moved by Mayor Pro Tem Foat, seconded by Councilmember McCulloch.

Vote to Waive the reading of the Ordinance text in its entirety and introduce by title only Ordinance No. 1696, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 11.40.015, AMENDING SUBSECTIONS 1.1.140, 11.40.010, 11.44.020, 11.44.030, 11.44.060, 11.44.080, 11.44.100, 11.68.010, AND 11.68.135, AND AMENDING SUBSECTIONS (a) AND (h) OF SECTION 11.44.040 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ADOPTION OF ADDITIONAL REGULATORY PROVISIONS GOVERNING THE USE OF PARKS, STREETS, AND PUBLIC AREAS." (Approved)

The City Council recessed at 9:35 P.M.

The City Council reconvened at 9:40 P.M.

4. UNFINISHED BUSINESS:

4.A. APPROVAL OF PROPOSED LICENSE AGREEMENT WITH THE WELL IN THE DESERT TO OPERATE A HOT MEAL FEEDING PROGRAM, LOCATION COMMONLY KNOWN AS THE FREY BUILDING, 1901 EAST BARISTO ROAD, PALM SPRINGS:

Staff Report Item 4.A.

City Manager Ready provided background information as outlined in the staff report dated July 19, 2006. City Attorney Holland provided an overview of the proposed modifications to the agreement.

Mayor Pro Tem Foat requested clarification on the Use of Site on Page 2 of the proposed agreement, and requested staff address the use of the site for other placement and referral services.

Councilmember Pougnet stated his opposition to the license agreement, and stated the original agreement was only temporary and the Frey building is too small for the current program which is causing disruption to the surrounding neighborhood, the park, the library and other facilities. Councilmember Pougnet recommended the City provide 45-days notice to vacate the Frey Building.

Mayor Pro Tem Foat stated this situation is not optimal, but the license agreement is needed while the City plans and provides a new location and funding, commented on the improvements in the park since the urgency ordinance was adopted.

Councilmember Mills commented on his experiences with the Well in the Desert and the broken promises, he stated we lost control of the City and noted the impacts to the community, the park and the library and spoke in opposition to the license agreement.

Councilmember Pougnet stated the Well in the Desert has outgrown that location, suggested other locations and noted other organizations who provide successful feeding programs.

Councilmember McCulloch stated the license agreement is not an extension of the lease and provides the City additional flexibility to deal with any problem situations and is needed until a final location and solutions are identified.

Mayor Oden requested staff address the original hours of operation for the feeding operation and the additional hours for the cooling center. Mayor Oden recommended the cooling center component of the operation be deleted, and provided background on the City’s efforts and the need for the County to be the lead agency to address the needs of the homeless, but the City also needs to provide the Well with adequate notice and warning.

Discussion was held regarding 45-days or other adequate notice and scheduling additional discussion by the City Council.

Mayor Pro Tem Foat commented on the status and the resources of the City to prepare and negotiate the agreement.

Councilmember Pougnet requested staff address if the City Council has had a full discussion on the proposed license agreement, stated the Frey location is not acceptable at this time due to the impacts to the neighborhood and other facilities and supports providing 45-days notice.

Mayor Oden recommended this discussion return to the City Council at the first Study Session in September to evaluate the compliance and impacts to the Community by approving the license agreement. Mayor Oden recommended that the cooling center be eliminated immediately.

Mayor Oden requested the cooling station component be placed on the July 26, 2006, City Council agenda for discussion.

Motion to 1) Adopt Minute Order No. 7892, Approving a License Agreement with the Well in the Desert, for the purpose of operating a hot meal feeding program at the Frey Building, 1901 East Baristo Road, Palm Springs; and 2) Authorize the City Manager to execute the agreement. A5315. Moved by Councilmember McCulloch, seconded by Mayor Pro Tem Foat.

Vote to 1) Adopt Minute Order No. 7892, Approving a License Agreement with the Well in the Desert, for the purpose of operating a hot meal feeding program at the Frey Building, 1901 East Baristo Road, Palm Springs; and 2) Authorize the City Manager to execute the agreement. A5315. (Approved)

5. NEW BUSINESS:

5.A. APPOINTMENTS TO THE PUBLIC ARTS COMMISSION AND THE LIBRARY BOARD OF TRUSTEES FOR THE 2006 ANNUAL RECRUITMENT PROCESS:

Mayor Pro Tem Foat stated the City Council subcommittee of Mayor Oden and Mayor Pro Tem Foat recommends Susan Jo Paquin, Sue Ann Young, William Butler to the Public Arts Commission, and Daniel Davila and Milt Levinson to the Library Board of Trustees.

Motion to 1) Appoint Susan Jo Paquin, Sue Ann Young and William Butler to the Public Arts Commission for the term ending June 30, 2009; and 2) Appoint Daniel Davila and Milt Levinson to the Library Board of Trustees for the term ending June 30, 2009. Moved by Mayor Pro Tem Foat, seconded by Mayor Oden.

Vote to 1) Appoint Susan Jo Paqquin, Sue Ann Young and William Butler to the Public Arts Commission for the term ending June 30, 2009; and 2) Appoint Daniel Davila and Milt Levinson to the Library Board of Trustees for the term ending June 30, 2009. (Approved)

COUNCILMEMBER COMMENTS AND REPORTS:

ACTION: Continued past the 10:00 P.M. tentative adjournment time. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried.

Mayor Pro Tem Foat asked if staff had followed up on the 1488 Manzanita Drive Project and when the Study Session of overlay zones and Local Preference Programs (Women and Minority Businesses) will be placed on a City Council Study Session; commented on the passing of Desert Hot Springs Mayor Pro Tem Bosworth. Mayor Pro Tem Foat commented on the misuse of the public comment portion of the City Council meeting.

Councilmember Mills requested information on the reorganization and priorities and activities of the Code Enforcment Division, and commented on the level of service.

Mayor Oden requested that a discussion of Code Enforcement activities be placed on a future Study Session. Mayor Oden outlined the events and activities attended by the Mayor’s Office.

ADJOURNMENT: The City Council adjourned at 10:26 P.M., in memory of Desert Hot Springs Mayor Pro Tem Gary Bosworth, to an Adjourned Meeting and Study Session, Wednesday, July 26, 2006, at 6:00 p.m. in the Council Chamber, City Hall, preceded by a Closed Session at 4:00 p.m., Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.

Jul 19, 2006 City Council Meeting

Full agenda
Share this video

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

INVOCATION:

Roll Call: 6 members present, 0 members absent, 0 members excused.

REPORT OF CLOSED SESSION:

ACCEPTANCE OF THE AGENDA:

City Clerk Thompson stated that staff requested Public Hearing Item 1.C. be continued to July 26, 2006 and to direct the City Clerk to post a Notice of Continued Public Hearing.

Councilmember Pougnet requested a correction to the Minutes of July 12, 2006 clarifying his abstention request on Item 2.B. on the Minutes.

Motion to Approve Accept the Agenda as amended. Moved by Councilmember Mills, seconded by Councilmember Pougnet.

Vote to Approve ACCEPTANCE OF THE AGENDA: (Approved)

1. PUBLIC HEARINGS:

1.A. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS, FISCAL YEAR 2006-07:

Staff Report Item 1.A.

David Barakian, City Engineer, provided background information as outlined in the staff report dated July 19, 2006.

Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.

The City Council directed the City Clerk to tabulate and canvass the vote for the protest proceedings and moved on in the meeting.

Mayor Oden requested staff address the process of the Assessment Districts and requested a summary regarding Proposition 218 with respect to the Assessments.

City Manager Ready indicated the City Council needs to take some action on the other districts by approving the existing assessment and possible reduction in services.

1.B. PLACEMENT OF PUBLIC NUISANCE ABATEMENT FEES ON THE PROPERTY TAX ROLLS:

Staff Report Item 1.B.

Don Duckworth, Director of Building and Safety, provided background information as outlined in the staff report dated July 19, 2006.

The owner of the property 580 South Desert View paid the abatement costs and the lien will not be assessed to this property.

Mayor Pro Tem Foat requested staff address the next step in the process and if the property returns to the state which required the abatement.

Mayor Oden requested staff address the follow-up on the abated and nuisance properties.

Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.

1.C. THE PALMS HOTEL - CASE NO. 5.1089, PLANNED DEVELOPMENT DISTRICT 322, AN APPLICATION FOR THE DEVELOPMENT OF A FOUR-STORY BOUTIQUE HOTEL WITH 51 ROOMS INCLUDING 11 SUITES, ROOF TERRACE AREA WITH CABANAS, A RESTAURANT, A BAR, A WATER FEATURE, AND SWIMMING POOL ON APPROXIMATELY 36,217 SQUARE FEET SITE LOCATED AT THE SOUTHWEST CORNER OF TAHQUITZ CANYON WAY AND CAHUILLA ROAD:

Staff Report Item 1.C.

ACTION: 1) Continue the public hearing to July 26, 2006; and 2) Direct the City Clerk to post a notice of continued public hearing. Approved under Acceptance of the Agenda.

1.D. AN ORDINANCE OF THE CITY OF PALM SPRINGS ADDING SECTIONS 92.21.1.00, 92.21.1.01, 92.21.1.02, 92.21.1.03, 92.21.1.04, 92.21.1.05, 92.21.1.06, AND 92.21.1.07 TO, AND AMENDING SECTION 91.00.10 OF, THE PALM SPRINGS ZONING CODE, RELATING TO THE ESTABLISHMENT OF REGULATIONS FOR ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS, INCLUDING THE CHINO CONE:

Staff Report Item 1.D.

Vote to 1) Continue the Public Hearing to September 6, 2006 with no public testimony; and 2) Direct the City Clerk to re-notice the public hearing. (Approved)

1.E. OMNIPOINT COMMUNICATIONS - T-MOBILE CASE NO. 5.1106, CONDITIONAL USE PERMIT, REQUESTING APPROVAL TO REPLACE A STADIUM LIGHT POLE WITH A NEW STADIUM LIGHT POLE / WIRELESS COMMUNICATION ANTENNA AND LEASE SPACE FOR EQUIPMENT CABINETS, LOCATED AT SUNRISE PLAZA PARK:

Staff Report Item 1.E.

David Newell, Associate Planner, presented background information as outlined in the staff report dated July 19, 2006.

Councilmember Pougnet requested staff address the height of the tower.

Mayor Pro Tem Foat commented on the lighting and requested staff address lighting upgrades.

Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.

Councilmember Mills requested staff address the modifications to the existing fence, and the possiblity of a condition that the fence be extended to the Frey Building and require masonry walls.

Mayor Oden commented on the landscaping and stated the block wall would be a safety issue, and requested the Police Chief address the wall.

1.F. AN APPLICATION BY PALI-PALM SPRINGS, LLC TO SUBDIVIDE A PREVIOUSLY DEVELOPED SITE OF APPROXIMATELY 92,862 SQUARE FEET OR 2.13 ACRES - THE ORCHID TREE INN - FOR CONSTRUCTION OF 34 RESIDENTIAL CONDOMINIUM UNITS, AND A NINE-ROOM HOTEL, NOW CALLED PALI-HOUSE, LOCATED AT 261 SOUTH BELARDO ROAD, ZONE R-3, SECTION 15, APN: 513-152-010, 513-152-014, 513-152-018, 513-152-019:

Staff Report Item 1.F.

Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 19, 2006.

Mayor Oden requested staff address the bungalow and the 120-day stay.

Mayor Pro Tem Foat requested staff address the sub-division map for the condominium portion of the project.

Mayor Oden opened the public hearing, and the following speakers addressed the City Council.

MATT FISHER, Representing Applicant, provided an overview of the proposed project and noted the preservation components of the project.

ALLISON MASSETT, Representing Applicant, provided an overview of the project and noted the mixed-use components of the project.

THOMAS LOCKET, Representing Applicant, provided an overview of the proposed landscaping of the project.

BOB HELBLING, Palm Springs, stated his support for the project, and noted the Developer's modifications as requested by the neighborhood.

No further speakers coming forward, the public hearing was closed.

Councilmember Mills requested staff clarify the administrative process and approvals thus far, and stated this is the only hearing the City Council will review the project.

Mayor Oden requested staff address the stay of the demolition of the bungalow.

Councilmember McCulloch confirmed his motion which did not include modifications to the demolition construction hours.

Councilmember Pougnet commented on limiting construction hours and if the City Council has previously limited hours.

Mayor Pro Tem Foat commented on the early construction hours of 7:00 AM in this neighborhood and commented on demolition.

Mayor Oden requested the Applicant estimate the amount of time of the demolition.

The City Council recessed at 7:55 P.M.

The City Council reconvened at 8:00 P.M. and returned to Public Hearing Item 1.A.

1.G. GENERAL PLAN AMENDMENT (CASE 5.1101), ZONING TEXT AMENDMENT (CASE 5.1124) AND VACATION OF STREET RIGHT-OF-WAY, FOR THE DEVELOPMENT OF A NEW BMW AUTOMOTIVE DEALERSHIP ON A 7.91 ACRE SITE LOCATED AT 3737 EAST PALM CANYON DRIVE:

Staff Report Item 1.G.

Lyn Calerdine, LSA Consultants, provided background information as outlined in the staff report dated July 19, 2006.

Councilmember Pougnet request staff address the vacation of Frontage Road.

Mayor Oden opened the public hearing, and the following speakers addressed the City Council.

JOHN ELLIS, Palm Springs, requested the City Council not vacate Frontage Road and stated his parcels would be land locked and the parcels would not have access.

The City Council recessed briefly due to a fire alarm.

SUSAN COGLIANO, requested the City Council postpone the final vote on the vacation of Frontage Road and send the plan back to the Planning Commission, spoke in opposition of the project.

JERRY JOHNSON, Representing BMW, thanked John Raymond, Director of Community and Economic Development, for working with them, and state his support for the project.

No further speakers coming forward, the public hearing was closed.

Mayor Oden requested the City Engineer address the vacation of Frontage Road and if parcels would be land locked, and the steepness of the grade.

Mayor Pro Tem Foat stated she would like to be able to consider information from the Developer of the Rainbow site and recommended that the City Council only consider the vacation to Cherokee Way.

PUBLIC COMMENT:

JOHN TYMON, Palm Springs, commented on tourism and code enforcement issues.

CAROLE SUKMAN, commented on public hearing Item 1.C. The Palm Hotel, and stated the project is too big for the size of the property.

CRIS ROMERO, Coachella, commented on the Volunteer Senior Program and presented the City Council an honorary check representing the dollar amount of volunteer hours provided to the City.

ROXANN PLOSS, Palm Springs, commented on the initiative to limit height in the downtown area.

ALDEN GODFREY, Palm Springs, commented on the initiative to limit height in the downtown area.

BOB HELBLING, Palm Springs, commented on the initiative to limit height in the downtown area, and public hearing Item 1.C. the Palm Hotel.

DANA STEWART, Palm Springs, commented on the Mission Statement of the Palm Springs Board of Realtors and spoke regarding the initiative to limit height in the downtown area.

VIC GAINER, Palm Springs, commented on the Referendum filed for the extension of the Development Agreement for Shadowrock project.

JOY MEREDITH, Palm Springs, provided an update on the events and businesses in Downtown Palm Springs.

COUNCILMEMBER COMMENTS AND REQUESTS:

CITY MANAGER’S REPORT:

2. CONSENT CALENDAR:

Motion to Approve Items 2.A., 2.B. (as amended), 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., 2.L., and 2.M. Moved by Councilmember McCulloch, seconded by Councilmember Mills.

Vote to Approve Items 2.A., 2.B. (as amended), 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., 2.L., and 2.M. (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. STAFF AUTHORIZED AGREEMENTS FOR JUNE 2006:

Staff Report Item 2.C.

2.D. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:

Staff Report Item 2.D.

2.E. PROPOSED ORDINANCE ESTABLISHING RULES AND REGULATIONS AND MINIMUM OPERATING STANDARDS FOR ACCESS AND USE OF THE PALM SPRINGS INTERNATIONAL AIRPORT:

Staff Report Item 2.E.

2.F. ADOPTION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM:

Staff Report Item 2.F.

2.G. REQUEST BY RSM ARBOURS, LP, TIME EXTENSION FOR TENTATIVE TRACT MAP 32263, TO SUBDIVIDE APPROXIMATELY 2.3 ACRES OF LAND FOR THE PURPOSES OF CONDOMINIUM LOCATED AT 1301 MONTALVO WAY, ZONE M-1-P, SECTION 7:

Staff Report Item 2.G.

2.H. AMENDMENT NO. 1 TO AGREEMENT NO. A4393, A REIMBURSEMENT AGREEMENT WITH COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR THE GENE AUTRY TRAIL WIDENING PROJECT, VISTA CHINO TO INTERSTATE 10:

Staff Report Item 2.H.

2.I. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE FISCAL YEAR 2005-06 AND FISCAL YEAR 2006-07 ASPHALT RUBBERIZED HOT MIX OVERLAY, CITY PROJECT 05-22:

Staff Report Item 2.I.

2.J. ACCEPTANCE OF VARIOUS PUBLIC SEWER EASEMENTS IN THE PALM SPRINGS COUNTRY CLUB AREA, SECTION 1, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-05-022:

Staff Report Item 2.J.

2.K. APPROVAL OF AGREEMENT WITH THE CITY OF CATHEDRAL CITY FOR TRAFFIC SIGNAL MAINTENANCE OF THREE SHARED TRAFFIC SIGNALS ALONG RAMON ROAD.

Staff Report Item 2.K.

2.L. PURCHASE OF EIGHT (8) NEW FORD CROWN VICTORIA POLICE VEHICLES FOR USE BY THE POLICE DEPARTMENT:

Staff Report Item 2.L.

2.M. ANNUAL PURCHASE OF ELECTRONIC DATABASES FOR THE LIBRARY FROM EBSCO:

Staff Report Item 2.M.

3. LEGISLATIVE:

3.A. PROPOSED ORDINANCE ADDING SECTION 11.40.015, AMENDING SUBSECTIONS 1.1.140, 11.40.010, 11.44.020, 11.44.030, 11.44.060, 11.44.080, 11.44.100, 11.68.010, AND 11.68.135, AND AMENDING SUBSECTIONS (a) AND (h) OF SECTION 11.44.040 RELATING TO THE ADOPTION OF ADDITIONAL REGULATORY PROVISIONS GOVERNING THE USE OF PARKS, STREETS, AND PUBLIC AREAS:

Staff Report Item 3.A.

City Attorney Holland provided background information as outlined in the staff report dated July 19, 2006.

The City Council recessed at 9:35 P.M.

The City Council reconvened at 9:40 P.M.

4. UNFINISHED BUSINESS:

4.A. APPROVAL OF PROPOSED LICENSE AGREEMENT WITH THE WELL IN THE DESERT TO OPERATE A HOT MEAL FEEDING PROGRAM, LOCATION COMMONLY KNOWN AS THE FREY BUILDING, 1901 EAST BARISTO ROAD, PALM SPRINGS:

Staff Report Item 4.A.

City Manager Ready provided background information as outlined in the staff report dated July 19, 2006. City Attorney Holland provided an overview of the proposed modifications to the agreement.

Mayor Pro Tem Foat requested clarification on the Use of Site on Page 2 of the proposed agreement, and requested staff address the use of the site for other placement and referral services.

Councilmember Pougnet stated the Well in the Desert has outgrown that location, suggested other locations and noted other organizations who provide successful feeding programs.

Discussion was held regarding 45-days or other adequate notice and scheduling additional discussion by the City Council.

Mayor Pro Tem Foat commented on the status and the resources of the City to prepare and negotiate the agreement.

Mayor Oden requested the cooling station component be placed on the July 26, 2006, City Council agenda for discussion.

5. NEW BUSINESS:

5.A. APPOINTMENTS TO THE PUBLIC ARTS COMMISSION AND THE LIBRARY BOARD OF TRUSTEES FOR THE 2006 ANNUAL RECRUITMENT PROCESS:

COUNCILMEMBER COMMENTS AND REPORTS:

ACTION: Continued past the 10:00 P.M. tentative adjournment time. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried.

Councilmember Mills requested information on the reorganization and priorities and activities of the Code Enforcment Division, and commented on the level of service.

Mayor Oden requested that a discussion of Code Enforcement activities be placed on a future Study Session. Mayor Oden outlined the events and activities attended by the Mayor’s Office.

Jul 19, 2006 City Council Meeting

Link

Social

Embed

Download

Download Selected Item