Video index
CALL TO ORDER:
City Attorney Holland requested the City Council add an Item to the Closed Session Agenda as Item 1.D. Conference with Real Property Negotiator, Animal Shelter Property, located at 4810 Camino Parocela, consider negotiation (price and terms) with Michael Hoffman, City Negotiator, David Ready.
ACTION:
1) Make the finding the Item came to attention to the City after the posting of the Agenda, and the immediate need to discuss the Item; and 2) Add Item 1.D. to the Closed Session Agenda.
Motion Councilmember Mills, seconded by Councilmember McCulloch and unanimously carried, noting the absence of Mayor Oden.
PUBLIC COMMENT:
MICHAEL HOFFMAN, commented on Closed Session Item 1.D.
RECESS TO CLOSED SESSION:
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:
Mayor Pro Tem Foat noted her business related abstention to Consent Calendar Item 2.E. and requested Item 2.I. be removed from the Consent Calendar for separate discussion.
Councilmember Pougnet requested Items 2.E. and 2.I. be removed from the Consent Calendar for separate discussion and requested an addition to the Minutes of May 10, 2006.
Motion to Accept the Agenda as amended. Moved by Councilmember Mills, seconded by Councilmember McCulloch.
Vote to Accept the Agenda as amended. (Approved)
PRESENTATIONS:
Lieutenant Dan Feltenberger, Riverside County Sheriff's Office, presented Golden Bear Awards to Police Officer Arnold Galvan and Community Services Officer Gerald Fitzsimmons. Captain Tom Carmichael, California Highway Patrol, and Kathy Asher, AAA, presented a Certificate of Recognition to Officer Simon Min for his efforts in the investigation and recovery of stolen vehicles.
Mayor Oden stated the City had received the American Planning Association Award, and the City Council presented the plaque to Craig Ewing, Director of Planning Services and John Raymond, Director of Community and Economic Development and congratulated staff for their contributions.
Mayor Oden and the City Council proclaimed May, 2006 to be Motorcycle Awareness Month in the City of Palm Springs.
1. PUBLIC HEARINGS:
1.A. SMOKETREE COMMONS, CASE 5.1050, GENERAL PLAN SMOKE TREE AREA PLAN TEXT CHANGE, GENERAL PLAN CIRCULATION MAP STREET RECLASSIFICATION, AND PLANNED DEVELOPMENT DISTRICT-312, ACCOMMODATING A 170,265-SQUARE FOOT SHOPPING CENTER WITH FOURTEEN BUILDINGS:
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated May 17, 2006.
Councilmember Pougnet requested staff address the area plan for the Smoketree development, and the additional supermarket.
Mayor Pro Tem Foat requested clarification with respect to the Council action for the site plan, but not the architectural renderings; and commented on the notification process for the public hearing.
Councilmember Mills requested staff address the square footage for a supermarket, Condition 11 regarding Section 14 Master Plan, and Condition 15 for the Public Safety CFD.
JEFF CHAMBERS, Representing Applicant, stated timing for the project is critical; provided background information on development and company.
JEFF GOLDFARB, Representing Applicant, provided information on the project with respect to revenue generation, conformance with the general plan and pedestrian orientation.
MICHAEL LEBERMAN, Representing Applicant, thanked staff for their support, commented on neighborhood involvement, and provided background information on the project.
JAMES CIOFFI, Palm Springs, stated his support for the project and stated this will be Palm Springs style shopping center and incorporate pedestrian orientation.
LYN CALERDINE, Palm Springs, commented on the removal of Frontage Road, and requested City Council support.
MAGGIE MONTEZ, provided background information on the proposed tenants for the location.
CAROL JACKSON, stated she and the homeowners in her complex were not notified of the public hearing.
GREG ENDOM, Cost Plus Markets, stated his support for the current site plan and architecture.
GARY MARKET, Michaels Source Inc., stated his support and stated Michael's would be interested in locating in Palm Springs and this location due to the development and the developer.
TRACY CONRAD, Smoke Tree Ranch, requested the City Council approve/certify the EIR and provided positive comments with the Developer.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Foat commented on the proposed development.
Craig Ewing, Director of Planning Services, provided information on the public hearing notices.
Mayor Oden requested staff address the noticing of the public hearing.
City Attorney Holland provided direction on the noticing of the public hearing and stated the Council may wish to consider continuing the public hearing.
Mayor Oden requested staff re-notice the public hearing.
Mayor Pro Tem Foat requested staff address the timing and if the EIR could be extracted from the public hearing process.
Councilmember Mills requested clarification on the noticing and requested the Applicant address the date for the continued public hearing.
Motion to Continue the Public Hearing to June 7, 2006, and re-notice. Moved by Mayor Pro Tem Foat, seconded by Councilmember Pougnet.
Vote to Continue the Public Hearing to June 7, 2006, and re-notice. (Approved)
The City Council recessed at 7:24 P.M.
The City Council reconvened at 7:33 P.M.
1.B. DELINQUENT WASTE DISPOSAL CHARGES:
Staff Report Item 1.B.
Troy Butzlaff, Assistant City Manager, provided background information as outlined in the staff report dated May 17, 2006.
Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to 1) Adopt Resolution No. 21576, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR COLLECTION;" and 2) Authorize the City Manager to execute all necessary documents to effectuate this action. Moved by Councilmember Mills, seconded by Councilmember Pougnet.
Vote to 1) Adopt Resolution No. 21576, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR COLLECTION;" and 2) Authorize the City Manager to execute all necessary documents to effectuate this action. (Approved)
1.C. ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND APPROVAL OF CONCEPTUAL PLANS FOR THE GENE AUTRY TRAIL RAILROAD BRIDGE WIDENING, CITY PROJECT 01-04:
Staff Report Item 1.C.
David Barakian, City Engineer, provided background information as outlined in the staff report dated May 17, 2006.
Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to 1) Adopt Resolution No. 21577, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND ORDERING THE FILING OF A MITIGATED NEGATIVE DECLARATION, AND APPROVING CASE NO. 5.0929-B, AN APPLICATION BY THE CITY OF PALM SPRINGS FOR IMPROVEMENTS TO GENE AUTRY TRAIL BETWEEN SALVIA ROAD/MICRO PLACE AND THE UNION PACIFIC RAILROAD, INCLUDING WIDENING THE EXISTING TWO-LANE BRIDGE TO A SIX-LANE BRIDGE, AND WIDENING GENE AUTRY TRAIL TO SIX-LANES FROM SALVIA ROAD/MICRO PLACE TO THE UNION PACIFIC RAILROAD, SECTIONS 30 AND 31, TOWNSHIP 3 SOUTH, RANGE 5 EAST." Moved by Councilmember Mills, seconded by Councilmember Pougnet.
Vote to 1) Adopt Resolution No. 21577, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND ORDERING THE FILING OF A MITIGATED NEGATIVE DECLARATION, AND APPROVING CASE NO. 5.0929-B, AN APPLICATION BY THE CITY OF PALM SPRINGS FOR IMPROVEMENTS TO GENE AUTRY TRAIL BETWEEN SALVIA ROAD/MICRO PLACE AND THE UNION PACIFIC RAILROAD, INCLUDING WIDENING THE EXISTING TWO-LANE BRIDGE TO A SIX-LANE BRIDGE, AND WIDENING GENE AUTRY TRAIL TO SIX-LANES FROM SALVIA ROAD/MICRO PLACE TO THE UNION PACIFIC RAILROAD, SECTIONS 30 AND 31, TOWNSHIP 3 SOUTH, RANGE 5 EAST." (Approved)
1.D. PROPOSED RESOLUTION ADOPTING MODIFICATIONS TO CERTAIN USER FEES AND CHARGES FOR THE AVIATION, POLICE, FIRE, AND PUBLIC WORKS DEPARTMENTS AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2006-07:
Staff Report Item 1.D.
City Clerk Thompson provided background information as outlined in the staff report dated May 17, 2006.
Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to Adopt Resolution No. 21578, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING AND APPROVING CERTAIN USER FEES AND CHARGES AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2006-07." Moved by Mayor Pro Tem Foat, seconded by Councilmember McCulloch.
Vote to Adopt Resolution No. 21578, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING AND APPROVING CERTAIN USER FEES AND CHARGES AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2006-07." (Approved)
1.E. ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES):
Staff Report Item 1.E.
Troy Butzlaff, Assistant City Manager, provided background information as outlined in the staff report dated May 17, 2006.
Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.
City Clerk Thompson stated that not hearing or receiving a a majority protest to the annexations the Council may proceed by adopting the resolutions submitting the tax to the qualified electors and calling the election.
Councilmember Mills noted his business related abstention with respect to parcel number 669-330-038 PS Venture Indian Canyon/San Rafael, LLC.
Motion to 1) Adopt Resolution No. 21579, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMIT THE LEVY OF TAX TO THE QUALIFIED ELECTORS;" 2) Adopt Resolution No. 21580, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO. 1 OF THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 1 TO FINANCE PUBLIC SAFETY SERVICES, AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT;" and 3) Direct the City Clerk to open, tabulate and canvass all valid ballots received by the City Clerk for the annexation of territory to Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs.
Noting the abstention of Councilmember Mills on Parcel No. 669-330-038 PS Venture Indian Canyon/San Rafael, LLC.
Moved by Mayor Pro Tem Foat, seconded by Mayor Oden.
Vote to 1) Adopt Resolution No. 21579, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMIT THE LEVY OF TAX TO THE QUALIFIED ELECTORS;" 2) Adopt Resolution No. 21580, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO. 1 OF THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 1 TO FINANCE PUBLIC SAFETY SERVICES, AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMITS;" and 3) Direct the City Clerk to open, tabulate and canvass all valid ballots received by the City Clerk for the annexation of territory to Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs.
Noting the abstention of Councilmember Mills on Parcel No. 669-330-038 PS Venture Indian Canyon/San Rafael, LLC.
(Approved)
City Clerk Thompson stated the results of the election. Total number of elibible votes was 50. Total number of votes cast was 41. Total number of yes votes for Proposition A and Proposition B was 41. Total number of no votes for Proposition A and Proposition B was 0.
Councilmember McCulloch requested staff address separating the motion and the vote for the Resolution Certifying the Election, and Introduction of the Ordinance.
Motion to Adopt Resolution No. 21581, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 1."
Noting the abstention of Councilmember Mills on Parcel No. 669-330-038 PS Venture Indian Canyon/San Rafael, LLC.
Moved by Mayor Pro Tem Foat, seconded by Mayor Oden.
Vote to Adopt Resolution No. 21581, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 1."
Noting the abstention of Councilmember Mills on Parcel No. 669-330-038 PS Venture Indian Canyon/San Rafael, LLC.
(Approved)
Motion to 1) Waive the reading of the Ordinance text in its entirety and introduce by title only; and 2) Introduce for first reading Ordinance No. 1690, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 1."
Noting the abstention of Councilmember Mills on Parcel No. 669-330-038 PS Venture Indian Canyon/San Rafael, LLC.
Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to 1) Waive the reading of the Ordinance text in its entirety and introduce by title only; and 2) Introduce for first reading Ordinance No. 1690, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 1."
Noting the abstention of Councilmember Mills on Parcel No. 669-330-038 PS Venture Indian Canyon/San Rafael, LLC.
(Approved)
1.F. APPROVAL OF THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN ("MSHCP") SUBJECT TO CERTAIN FINDINGS AND RELATED CEQA DETERMINATIONS; APPROVING THE IMPLEMENTING AGREEMENT FOR THE MSHCP; AND APPROVING A MEMORANDA OF UNDERSTANDING BETWEEN CVAG AND THE CITY:
Staff Report Item 1.F.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated May 17, 2006.
Mayor Oden opened the public hearing and the following speakers addressed the City Council.
VIC GAINER, Palm Springs, stated his support for the Plan and stated the Plan is a win-win plan for the developers and preservationists.
JOHN WOLMOUTH, CVAG, provided information on the Gene Autry Trail Bridge, as proposed in the MOU.
KAY HAZEN, stated her support for the MSHCP and urged the City Council support the plan.
No further speakers coming forward the public hearing was closed.
Councilmember Mills provided information on the background and the development of the plan, and stated the Plan is a good compromise.
Councilmember Pougnet commented on the compromise of the plan.
Mayor Oden requested staff address the additional "take" issue, jurisdiction over land designated open space, and the amount of funds available to acquire the land at fair market value.
Councilmember McCulloch stated concerns with respect to the fair market value, fees charged, the valuation of property, and the creation of an additional bureaucracy and accountability.
Motion to 1) Adopt Resolution No. 21582, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN; APPROVING THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN; IMPLEMENTING AGREEMENT, AND MEMORANDA OF UNDERSTANDING WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS; AND ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT" which conditionally approves the MSHCP subject to CVAG approval of Memoranda of Understanding regarding the funding of Gene Autry Drive bridge improvements and the establishment of transfer of "take" rights under certain circumstances; 2) Authorize the Mayor to execute the Implementing Agreement, subject to final approval by the City Attorney; and 3) Authorize the City Manager to execute the Memorandum of Understanding with the Coachella Valley Association of Governments, subject to final approval by the City Attorney. A5285. A5286. Moved by Councilmember Mills, seconded by Councilmember Pougnet.
Vote to 1) Adopt Resolution No. 21582, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN; APPROVING THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN; IMPLEMENTING AGREEMENT, AND MEMORANDA OF UNDERSTANDING WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS; AND ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT" which conditionally approves the MSHCP subject to CVAG approval of Memoranda of Understanding regarding the funding of Gene Autry Drive bridge improvements and the establishment of transfer of "take" rights under certain circumstances; 2) Authorize the Mayor to execute the Implementing Agreement, subject to final approval by the City Attorney; and 3) Authorize the City Manager to execute the Memorandum of Understanding with the Coachella Valley Association of Governments, subject to final approval by the City Attorney. A5285. A5286. (Approved)
PUBLIC COMMENT:
DANA STEWART, Palm Springs, commented on the Shadowrock project and stated her objections, and requested the extension of the development project be denied.
JONO HILDNER, Palm Springs, commented on the Shadowrock project and requested the Council deny the request to extend the Development Agreement.
JOY MEREDITH, Palm Springs, provided an update on the activities of MainStreet, and commented on the current Initiative being circulated in the City.
COUNCILMEMBER COMMENTS AND REQUESTS:
CITY MANAGER’S REPORT:
2. CONSENT CALENDAR:
Motion to Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., and 2.J. Moved by Mayor Pro Tem Foat, seconded by Mayor Oden.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., and 2.J. (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 APRIL 2006:
Staff Report Item 2.C.
2.D. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.D.
2.F. PURCHASE OF FIRE DEPARTMENT PARAMEDIC RESCUE SQUAD VEHICLE:
Staff Report Item 2.F.
2.G. JOINT USE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON AT VISTA CHINO AND SUNRISE WAY FOR UTILITY UNDERGROUNDNG ON SUNRISE WAY AT VISTA CHINO:
Staff Report Item 2.G.
2.H. DISSOLVING THE CALIFORNIA UTILITY BUYERS JOINT POWERS AUTHORITY:
Staff Report Item 2.H.
2.J. APPROVE INCREASE IN EXPENDITURE AUTHORIZATION WITH ADOBE REMODELERS:
Staff Report Item 2.J.
EXCLUDED CONSENT CALENDAR:
Mayor Pro Tem Foat stated she may have a perceived business related conflict of interest related to her partner with regard to Item 2.E., and would not participate in the discussion or the vote and left Council Chamber.
2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1689, APPROVING AN EXTENSION OF THE TERM OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND SHADOWROCK REAL ESTATE DEVELOPMENT, LLC, FOR PROPERTY LOCATED ALONG TRAMWAY ROAD, APPROXIMATELY 1.5 MILES WEST OF HIGHWAY 111:
Staff Report Item 2.E.
Motion to Waive further reading and adopt Ordinance No. 1689, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN 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, PDD 224, SECTIONS 5, 6, AND 8." Moved by Councilmember Mills, seconded by Councilmember McCulloch.
Vote to Waive further reading and adopt Ordinance No. 1689, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN 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, PDD 224, SECTIONS 5, 6, AND 8." (Approved)
Mayor Pro Tem Foat returned to the dais.
2.I. TIME EXTENSION OF THE PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT 290 AND TENTATIVE TRACT MAP 31848 LOCATED AT AVENIDA CABALLEROS AND SAN RAFAEL DRIVE, ZONE R-1-C, SECTION 25 FOR PALM SPRINGS VILLAGE-309, LLC:
Staff Report Item 2.I.
Councilmember Pougnet stated his support for the extension but did not support the project.
Mayor Pro Tem Foat requested staff address the status of the litigation and the extension of Sunrise.
Councilmember Mills stated the project is being graded and requested staff address the extension and vesting.
Motion to Adopt Resolution No. 21586, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION FOR CASE NO. 5.0982, PD 290 AND TTM 31848 LOCATED AT AVENIDA CABALLEROS AND SAN RAFAEL DRIVE, ZONED PD 290 FOR PALM SPRING VILLAGE 309 LLC." Moved by Councilmember Pougnet, seconded by Mayor Oden.
Vote to Adopt Resolution No. 21586, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION FOR CASE NO. 5.0982, PD 290 AND TTM 31848 LOCATED AT AVENIDA CABALLEROS AND SAN RAFAEL DRIVE, ZONED PD 290 FOR PALM SPRING VILLAGE 309 LLC." (Approved)
3. LEGISLATIVE:
4. UNFINISHED BUSINESS:
5. NEW BUSINESS:
5.A. APPOINT A MEMBER TO THE PALM SPRINGS LIBRARY BOARD OF TRUSTEES:
Councilmember Mills stated the Council subcommittee’s recommendation is Matthew Bousquette and directed the remaining Applicants be considered as part of the 2006 recruitment process.
Motion to Appoint Matthew Bousquette to the Palm Springs Library Board of Trustees to fill an unexpired term ending June 30, 2007. Moved by Councilmember Mills, seconded by Mayor Oden.
Vote to Appoint Matthew Bousquette to the Palm Springs Library Board of Trustees to fill an unexpired term ending June 30, 2007. (Approved)
5.B. APPOINTMENT OF COUNCIL SUBCOMMITTEES TO REVIEW COMMISSION AND BOARD APPLICATIONS, AND INTERVIEW CANDIDATES AS PART OF THE 2006 ANNUAL RECRUITMENT OF BOARDS AND COMMISSIONS:
Staff Report Item 5.B.
Mayor Pro Tem Foat stated she would be interested in the serving on the subcommittees for Library Board, Planning Commission and Public Arts Commission.
Councilmember McCulloch stated he would be interested in serving on the subcommittees for Administrative Appeals Board, Historic Site Preservation Board, and Planning Commission.
Councilmember Mills stated he would be interested in serving on the subcommittees for Historic Site Preservation Board, Planning Commission and either the Parks and Recreation Commission or the Public Arts Commission, and will fill in as necessary.
Councilmember Pougnet and Mayor Oden indicated they would be willing to fill in as necessary.
ACTION:
Direct the City Clerk to provide further recommendations based on the City Council’s input.
By consensus of the City Council.
COUNCILMEMBER COMMENTS AND REPORTS:
Councilmember Pougnet congratulated Mayor Oden as a new Grandfather.
Mayor Oden outlined the activities and events attended by the Mayor’s Office.
Mayor Oden requested a report on Dust Control, enforcement and violations; Code Enforcement, and the numbering of buildings in Downtown Palm Springs.
ADJOURNMENT:
May 17, 2006 City Council Meeting
Full agenda
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CALL TO ORDER:
City Attorney Holland requested the City Council add an Item to the Closed Session Agenda as Item 1.D. Conference with Real Property Negotiator, Animal Shelter Property, located at 4810 Camino Parocela, consider negotiation (price and terms) with Michael Hoffman, City Negotiator, David Ready.
ACTION:
1) Make the finding the Item came to attention to the City after the posting of the Agenda, and the immediate need to discuss the Item; and 2) Add Item 1.D. to the Closed Session Agenda.
Motion Councilmember Mills, seconded by Councilmember McCulloch and unanimously carried, noting the absence of Mayor Oden.
PUBLIC COMMENT:
MICHAEL HOFFMAN, commented on Closed Session Item 1.D.
RECESS TO CLOSED SESSION:
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:
Mayor Pro Tem Foat noted her business related abstention to Consent Calendar Item 2.E. and requested Item 2.I. be removed from the Consent Calendar for separate discussion.
Councilmember Pougnet requested Items 2.E. and 2.I. be removed from the Consent Calendar for separate discussion and requested an addition to the Minutes of May 10, 2006.
Motion to Accept the Agenda as amended. Moved by Councilmember Mills, seconded by Councilmember McCulloch.
Vote to Accept the Agenda as amended. (Approved)
PRESENTATIONS:
Lieutenant Dan Feltenberger, Riverside County Sheriff's Office, presented Golden Bear Awards to Police Officer Arnold Galvan and Community Services Officer Gerald Fitzsimmons. Captain Tom Carmichael, California Highway Patrol, and Kathy Asher, AAA, presented a Certificate of Recognition to Officer Simon Min for his efforts in the investigation and recovery of stolen vehicles.
Mayor Oden stated the City had received the American Planning Association Award, and the City Council presented the plaque to Craig Ewing, Director of Planning Services and John Raymond, Director of Community and Economic Development and congratulated staff for their contributions.
Mayor Oden and the City Council proclaimed May, 2006 to be Motorcycle Awareness Month in the City of Palm Springs.
1. PUBLIC HEARINGS:
1.A. SMOKETREE COMMONS, CASE 5.1050, GENERAL PLAN SMOKE TREE AREA PLAN TEXT CHANGE, GENERAL PLAN CIRCULATION MAP STREET RECLASSIFICATION, AND PLANNED DEVELOPMENT DISTRICT-312, ACCOMMODATING A 170,265-SQUARE FOOT SHOPPING CENTER WITH FOURTEEN BUILDINGS:
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated May 17, 2006.
Councilmember Pougnet requested staff address the area plan for the Smoketree development, and the additional supermarket.
Mayor Pro Tem Foat requested clarification with respect to the Council action for the site plan, but not the architectural renderings; and commented on the notification process for the public hearing.
Councilmember Mills requested staff address the square footage for a supermarket, Condition 11 regarding Section 14 Master Plan, and Condition 15 for the Public Safety CFD.
JEFF CHAMBERS, Representing Applicant, stated timing for the project is critical; provided background information on development and company.
JEFF GOLDFARB, Representing Applicant, provided information on the project with respect to revenue generation, conformance with the general plan and pedestrian orientation.
MICHAEL LEBERMAN, Representing Applicant, thanked staff for their support, commented on neighborhood involvement, and provided background information on the project.
JAMES CIOFFI, Palm Springs, stated his support for the project and stated this will be Palm Springs style shopping center and incorporate pedestrian orientation.
LYN CALERDINE, Palm Springs, commented on the removal of Frontage Road, and requested City Council support.
MAGGIE MONTEZ, provided background information on the proposed tenants for the location.
CAROL JACKSON, stated she and the homeowners in her complex were not notified of the public hearing.
GREG ENDOM, Cost Plus Markets, stated his support for the current site plan and architecture.
GARY MARKET, Michaels Source Inc., stated his support and stated Michael's would be interested in locating in Palm Springs and this location due to the development and the developer.
TRACY CONRAD, Smoke Tree Ranch, requested the City Council approve/certify the EIR and provided positive comments with the Developer.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Foat commented on the proposed development.
Craig Ewing, Director of Planning Services, provided information on the public hearing notices.
Mayor Oden requested staff address the noticing of the public hearing.
City Attorney Holland provided direction on the noticing of the public hearing and stated the Council may wish to consider continuing the public hearing.
Mayor Oden requested staff re-notice the public hearing.
Mayor Pro Tem Foat requested staff address the timing and if the EIR could be extracted from the public hearing process.
Councilmember Mills requested clarification on the noticing and requested the Applicant address the date for the continued public hearing.
Motion to Continue the Public Hearing to June 7, 2006, and re-notice. Moved by Mayor Pro Tem Foat, seconded by Councilmember Pougnet.
Vote to Continue the Public Hearing to June 7, 2006, and re-notice. (Approved)
The City Council recessed at 7:24 P.M.
The City Council reconvened at 7:33 P.M.
1.B. DELINQUENT WASTE DISPOSAL CHARGES:
Staff Report Item 1.B.
Troy Butzlaff, Assistant City Manager, provided background information as outlined in the staff report dated May 17, 2006.
Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to 1) Adopt Resolution No. 21576, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR COLLECTION;" and 2) Authorize the City Manager to execute all necessary documents to effectuate this action. Moved by Councilmember Mills, seconded by Councilmember Pougnet.
Vote to 1) Adopt Resolution No. 21576, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR COLLECTION;" and 2) Authorize the City Manager to execute all necessary documents to effectuate this action. (Approved)
1.C. ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND APPROVAL OF CONCEPTUAL PLANS FOR THE GENE AUTRY TRAIL RAILROAD BRIDGE WIDENING, CITY PROJECT 01-04:
Staff Report Item 1.C.
David Barakian, City Engineer, provided background information as outlined in the staff report dated May 17, 2006.
Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to 1) Adopt Resolution No. 21577, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND ORDERING THE FILING OF A MITIGATED NEGATIVE DECLARATION, AND APPROVING CASE NO. 5.0929-B, AN APPLICATION BY THE CITY OF PALM SPRINGS FOR IMPROVEMENTS TO GENE AUTRY TRAIL BETWEEN SALVIA ROAD/MICRO PLACE AND THE UNION PACIFIC RAILROAD, INCLUDING WIDENING THE EXISTING TWO-LANE BRIDGE TO A SIX-LANE BRIDGE, AND WIDENING GENE AUTRY TRAIL TO SIX-LANES FROM SALVIA ROAD/MICRO PLACE TO THE UNION PACIFIC RAILROAD, SECTIONS 30 AND 31, TOWNSHIP 3 SOUTH, RANGE 5 EAST." Moved by Councilmember Mills, seconded by Councilmember Pougnet.
Vote to 1) Adopt Resolution No. 21577, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND ORDERING THE FILING OF A MITIGATED NEGATIVE DECLARATION, AND APPROVING CASE NO. 5.0929-B, AN APPLICATION BY THE CITY OF PALM SPRINGS FOR IMPROVEMENTS TO GENE AUTRY TRAIL BETWEEN SALVIA ROAD/MICRO PLACE AND THE UNION PACIFIC RAILROAD, INCLUDING WIDENING THE EXISTING TWO-LANE BRIDGE TO A SIX-LANE BRIDGE, AND WIDENING GENE AUTRY TRAIL TO SIX-LANES FROM SALVIA ROAD/MICRO PLACE TO THE UNION PACIFIC RAILROAD, SECTIONS 30 AND 31, TOWNSHIP 3 SOUTH, RANGE 5 EAST." (Approved)
1.D. PROPOSED RESOLUTION ADOPTING MODIFICATIONS TO CERTAIN USER FEES AND CHARGES FOR THE AVIATION, POLICE, FIRE, AND PUBLIC WORKS DEPARTMENTS AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2006-07:
Staff Report Item 1.D.
City Clerk Thompson provided background information as outlined in the staff report dated May 17, 2006.
Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to Adopt Resolution No. 21578, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING AND APPROVING CERTAIN USER FEES AND CHARGES AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2006-07." Moved by Mayor Pro Tem Foat, seconded by Councilmember McCulloch.
Vote to Adopt Resolution No. 21578, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING AND APPROVING CERTAIN USER FEES AND CHARGES AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2006-07." (Approved)
1.E. ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES):
Staff Report Item 1.E.
Troy Butzlaff, Assistant City Manager, provided background information as outlined in the staff report dated May 17, 2006.
Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.
City Clerk Thompson stated that not hearing or receiving a a majority protest to the annexations the Council may proceed by adopting the resolutions submitting the tax to the qualified electors and calling the election.
Councilmember Mills noted his business related abstention with respect to parcel number 669-330-038 PS Venture Indian Canyon/San Rafael, LLC.
Motion to 1) Adopt Resolution No. 21579, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMIT THE LEVY OF TAX TO THE QUALIFIED ELECTORS;" 2) Adopt Resolution No. 21580, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO. 1 OF THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 1 TO FINANCE PUBLIC SAFETY SERVICES, AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT;" and 3) Direct the City Clerk to open, tabulate and canvass all valid ballots received by the City Clerk for the annexation of territory to Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs.
Noting the abstention of Councilmember Mills on Parcel No. 669-330-038 PS Venture Indian Canyon/San Rafael, LLC.
Moved by Mayor Pro Tem Foat, seconded by Mayor Oden.
Vote to 1) Adopt Resolution No. 21579, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMIT THE LEVY OF TAX TO THE QUALIFIED ELECTORS;" 2) Adopt Resolution No. 21580, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO. 1 OF THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 1 TO FINANCE PUBLIC SAFETY SERVICES, AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMITS;" and 3) Direct the City Clerk to open, tabulate and canvass all valid ballots received by the City Clerk for the annexation of territory to Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs.
Noting the abstention of Councilmember Mills on Parcel No. 669-330-038 PS Venture Indian Canyon/San Rafael, LLC.
(Approved)
City Clerk Thompson stated the results of the election. Total number of elibible votes was 50. Total number of votes cast was 41. Total number of yes votes for Proposition A and Proposition B was 41. Total number of no votes for Proposition A and Proposition B was 0.
Councilmember McCulloch requested staff address separating the motion and the vote for the Resolution Certifying the Election, and Introduction of the Ordinance.
Motion to Adopt Resolution No. 21581, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 1."
Noting the abstention of Councilmember Mills on Parcel No. 669-330-038 PS Venture Indian Canyon/San Rafael, LLC.
Moved by Mayor Pro Tem Foat, seconded by Mayor Oden.
Vote to Adopt Resolution No. 21581, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 1."
Noting the abstention of Councilmember Mills on Parcel No. 669-330-038 PS Venture Indian Canyon/San Rafael, LLC.
(Approved)
Motion to 1) Waive the reading of the Ordinance text in its entirety and introduce by title only; and 2) Introduce for first reading Ordinance No. 1690, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 1."
Noting the abstention of Councilmember Mills on Parcel No. 669-330-038 PS Venture Indian Canyon/San Rafael, LLC.
Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to 1) Waive the reading of the Ordinance text in its entirety and introduce by title only; and 2) Introduce for first reading Ordinance No. 1690, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 1."
Noting the abstention of Councilmember Mills on Parcel No. 669-330-038 PS Venture Indian Canyon/San Rafael, LLC.
(Approved)
1.F. APPROVAL OF THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN ("MSHCP") SUBJECT TO CERTAIN FINDINGS AND RELATED CEQA DETERMINATIONS; APPROVING THE IMPLEMENTING AGREEMENT FOR THE MSHCP; AND APPROVING A MEMORANDA OF UNDERSTANDING BETWEEN CVAG AND THE CITY:
Staff Report Item 1.F.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated May 17, 2006.
Mayor Oden opened the public hearing and the following speakers addressed the City Council.
VIC GAINER, Palm Springs, stated his support for the Plan and stated the Plan is a win-win plan for the developers and preservationists.
JOHN WOLMOUTH, CVAG, provided information on the Gene Autry Trail Bridge, as proposed in the MOU.
KAY HAZEN, stated her support for the MSHCP and urged the City Council support the plan.
No further speakers coming forward the public hearing was closed.
Councilmember Mills provided information on the background and the development of the plan, and stated the Plan is a good compromise.
Councilmember Pougnet commented on the compromise of the plan.
Mayor Oden requested staff address the additional "take" issue, jurisdiction over land designated open space, and the amount of funds available to acquire the land at fair market value.
Councilmember McCulloch stated concerns with respect to the fair market value, fees charged, the valuation of property, and the creation of an additional bureaucracy and accountability.
Motion to 1) Adopt Resolution No. 21582, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN; APPROVING THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN; IMPLEMENTING AGREEMENT, AND MEMORANDA OF UNDERSTANDING WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS; AND ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT" which conditionally approves the MSHCP subject to CVAG approval of Memoranda of Understanding regarding the funding of Gene Autry Drive bridge improvements and the establishment of transfer of "take" rights under certain circumstances; 2) Authorize the Mayor to execute the Implementing Agreement, subject to final approval by the City Attorney; and 3) Authorize the City Manager to execute the Memorandum of Understanding with the Coachella Valley Association of Governments, subject to final approval by the City Attorney. A5285. A5286. Moved by Councilmember Mills, seconded by Councilmember Pougnet.
Vote to 1) Adopt Resolution No. 21582, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN; APPROVING THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN; IMPLEMENTING AGREEMENT, AND MEMORANDA OF UNDERSTANDING WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS; AND ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT" which conditionally approves the MSHCP subject to CVAG approval of Memoranda of Understanding regarding the funding of Gene Autry Drive bridge improvements and the establishment of transfer of "take" rights under certain circumstances; 2) Authorize the Mayor to execute the Implementing Agreement, subject to final approval by the City Attorney; and 3) Authorize the City Manager to execute the Memorandum of Understanding with the Coachella Valley Association of Governments, subject to final approval by the City Attorney. A5285. A5286. (Approved)
PUBLIC COMMENT:
DANA STEWART, Palm Springs, commented on the Shadowrock project and stated her objections, and requested the extension of the development project be denied.
JONO HILDNER, Palm Springs, commented on the Shadowrock project and requested the Council deny the request to extend the Development Agreement.
JOY MEREDITH, Palm Springs, provided an update on the activities of MainStreet, and commented on the current Initiative being circulated in the City.
COUNCILMEMBER COMMENTS AND REQUESTS:
CITY MANAGER’S REPORT:
2. CONSENT CALENDAR:
Motion to Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., and 2.J. Moved by Mayor Pro Tem Foat, seconded by Mayor Oden.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., and 2.J. (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 APRIL 2006:
Staff Report Item 2.C.
2.D. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.D.
2.F. PURCHASE OF FIRE DEPARTMENT PARAMEDIC RESCUE SQUAD VEHICLE:
Staff Report Item 2.F.
2.G. JOINT USE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON AT VISTA CHINO AND SUNRISE WAY FOR UTILITY UNDERGROUNDNG ON SUNRISE WAY AT VISTA CHINO:
Staff Report Item 2.G.
2.H. DISSOLVING THE CALIFORNIA UTILITY BUYERS JOINT POWERS AUTHORITY:
Staff Report Item 2.H.
2.J. APPROVE INCREASE IN EXPENDITURE AUTHORIZATION WITH ADOBE REMODELERS:
Staff Report Item 2.J.
EXCLUDED CONSENT CALENDAR:
Mayor Pro Tem Foat stated she may have a perceived business related conflict of interest related to her partner with regard to Item 2.E., and would not participate in the discussion or the vote and left Council Chamber.
2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1689, APPROVING AN EXTENSION OF THE TERM OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND SHADOWROCK REAL ESTATE DEVELOPMENT, LLC, FOR PROPERTY LOCATED ALONG TRAMWAY ROAD, APPROXIMATELY 1.5 MILES WEST OF HIGHWAY 111:
Staff Report Item 2.E.
Motion to Waive further reading and adopt Ordinance No. 1689, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN 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, PDD 224, SECTIONS 5, 6, AND 8." Moved by Councilmember Mills, seconded by Councilmember McCulloch.
Vote to Waive further reading and adopt Ordinance No. 1689, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN 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, PDD 224, SECTIONS 5, 6, AND 8." (Approved)
Mayor Pro Tem Foat returned to the dais.
2.I. TIME EXTENSION OF THE PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT 290 AND TENTATIVE TRACT MAP 31848 LOCATED AT AVENIDA CABALLEROS AND SAN RAFAEL DRIVE, ZONE R-1-C, SECTION 25 FOR PALM SPRINGS VILLAGE-309, LLC:
Staff Report Item 2.I.
Councilmember Pougnet stated his support for the extension but did not support the project.
Mayor Pro Tem Foat requested staff address the status of the litigation and the extension of Sunrise.
Councilmember Mills stated the project is being graded and requested staff address the extension and vesting.
Motion to Adopt Resolution No. 21586, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION FOR CASE NO. 5.0982, PD 290 AND TTM 31848 LOCATED AT AVENIDA CABALLEROS AND SAN RAFAEL DRIVE, ZONED PD 290 FOR PALM SPRING VILLAGE 309 LLC." Moved by Councilmember Pougnet, seconded by Mayor Oden.
Vote to Adopt Resolution No. 21586, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION FOR CASE NO. 5.0982, PD 290 AND TTM 31848 LOCATED AT AVENIDA CABALLEROS AND SAN RAFAEL DRIVE, ZONED PD 290 FOR PALM SPRING VILLAGE 309 LLC." (Approved)
3. LEGISLATIVE:
4. UNFINISHED BUSINESS:
5. NEW BUSINESS:
5.A. APPOINT A MEMBER TO THE PALM SPRINGS LIBRARY BOARD OF TRUSTEES:
Councilmember Mills stated the Council subcommittee’s recommendation is Matthew Bousquette and directed the remaining Applicants be considered as part of the 2006 recruitment process.
Motion to Appoint Matthew Bousquette to the Palm Springs Library Board of Trustees to fill an unexpired term ending June 30, 2007. Moved by Councilmember Mills, seconded by Mayor Oden.
Vote to Appoint Matthew Bousquette to the Palm Springs Library Board of Trustees to fill an unexpired term ending June 30, 2007. (Approved)
5.B. APPOINTMENT OF COUNCIL SUBCOMMITTEES TO REVIEW COMMISSION AND BOARD APPLICATIONS, AND INTERVIEW CANDIDATES AS PART OF THE 2006 ANNUAL RECRUITMENT OF BOARDS AND COMMISSIONS:
Staff Report Item 5.B.
Mayor Pro Tem Foat stated she would be interested in the serving on the subcommittees for Library Board, Planning Commission and Public Arts Commission.
Councilmember McCulloch stated he would be interested in serving on the subcommittees for Administrative Appeals Board, Historic Site Preservation Board, and Planning Commission.
Councilmember Mills stated he would be interested in serving on the subcommittees for Historic Site Preservation Board, Planning Commission and either the Parks and Recreation Commission or the Public Arts Commission, and will fill in as necessary.
Councilmember Pougnet and Mayor Oden indicated they would be willing to fill in as necessary.
ACTION:
Direct the City Clerk to provide further recommendations based on the City Council’s input.
By consensus of the City Council.
COUNCILMEMBER COMMENTS AND REPORTS:
Councilmember Pougnet congratulated Mayor Oden as a new Grandfather.
Mayor Oden outlined the activities and events attended by the Mayor’s Office.
Mayor Oden requested a report on Dust Control, enforcement and violations; Code Enforcement, and the numbering of buildings in Downtown Palm Springs.
ADJOURNMENT:
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