Video index
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
Mayor Oden and the City Council announced that the James O. Jessie Desert Highland Unity Center expansion, was the recipient of the 2007 Audrey Nelson Community Development Achievement Award from the National Community Development Association, and presented Certificates of Appreciation to those individuals and businesses involved.
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Councilmember McCulloch noted his business related abstention on Item 2.C., Warrant No. 1018947, and requested Item 2.E. be removed from the Consent Calendar for separate vote.
Councilmember Foat requested Item 2.R. be removed from the Consent Calendar for separate vote, and noted her property related abstention on Item 2.E.
Councilmember Mills noted his business related abstention on Consent Calendar Items 2.J., and 2.P., and requested Items 2.F., 2.G., and 2.H. be removed from the Consent Calendar for separate discussion.
Motion to Free Form Accept the Agenda as amended.
Vote to Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. THE NICHOLS BUILDING, A MIXED-USE DEVELOPMENT, CASE NO. 5.1110, PLANNED DEVELOPMENT DISTRICT 327, FOR A PROJECT CONSISTING OF FOUR RETAIL STORES ON THE GROUND LEVEL AND EIGHT MULTI-FAMILY DWELLING UNITS ON THE SECOND FLOOR LOCATED AT THE SOUTHWEST CORNER OF HERMOSA PLACE AND NORTH PALM CANYON DRIVE:
Staff Report Item 1.A.
ACTION:
Continue and direct the City Clerk to re-notice the hearing.
By consensus of the City Council.
PUBLIC COMMENT:
JIM STUART, Palm Springs, requested the City Council take no action on Item 5.A. relative to the war in Iraq, and requested the staff address how much money was spent on the issue.
DAVID DANOS, requested the City Council sign on to the U. S. Mayors Climate Protection Agreement for the Cities Working Together to Protect our Air Quality, Health and Environment.
TOM SWANN, Rancho Mirage, spoke against the escalation of the war in Iraq.
TRACY TURNER, Palm Springs, spoke in opposition to the escalation of U.S. Troops in Iraq, and requested the City Council adopt the resolution relative to Iraq.
TERRY DAVIS, spoke in opposition to the escalation of U.S. Troops in Iraq, and stated the Troops should be brought home.
GREG PECK, La Quinta, thanked the City of Palm Springs and the Palm Springs International Airport for its support of the USO at the Palm Springs International Airport.
BOB RICHMOND, Palm Springs, stated the resolution relative to the war in Iraq should be discussed at other levels of government, and not addressed by the City Council.
INEZ CARDOZO-FREEMAN, Palm Springs, read a letter opposed to the escalation of U.S. Troops in Iraq.
GLEASON FARRIS, Palm Desert, spoke in opposition to the escalation of U.S. Troops in Iraq, and requested the City Council support the resolution relative to the war in Iraq.
VAL OGBURN, Palm Springs, stated the resolution relative to the war in Iraq should be discussed at other levels of government, and not addressed by the City Council.
AMALIA DOAZTLAN, Bermuda Dunes, spoke in opposition of the escalation of U.S. Troops in Iraq, and requested the City Council support the resolution relative to Iraq.
SHEILA GRATTAN, Palm Springs, read an editorial in the Press Enterprise, relative to the war in Iraq.
JOY MEREDITH, Palm Springs, spoke in support of Item 2.E., and requested the City Council support the Downtown and Uptown Business Improvement District.
KURT BARRIE, Palm Springs, spoke in opposition to the escalation of U.S. Troops in Iraq, and requested the City Council support the resolution relative to Iraq.
BRIAN STRAHL, Palm Springs, stated the resolution relative to the war in Iraq should be discussed at other levels of government and in the voting booth, and not addressed by the City Council.
DENNIS BEACHMAN, Palm Springs, spoke in opposition to the escalation of U.S. Troops in Iraq, and requested the City Council support the resolution relative to Iraq.
GEORGE ZANDER, Palm Springs, spoke in opposition to the escalation of U.S. Troops in Iraq, and requested the City Council support the resolution relative to Iraq.
NOELLE EBERZ, spoke in opposition to the escalation of U.S. Troops in Iraq, and requested the City Council support the resolution relative to Iraq.
COUNCILMEMBER COMMENTS AND REQUESTS:
Councilmember Foat requested Item 5.A. be heard prior to the Consent Calendar.
Discussion was held regarding further amending the Agenda, no action was taken.
CITY MANAGER’S REPORT:
City Manager Ready requested Police Chief Gary Jeandron provide an update on a forcible rape crime being solved by the City of Palm Springs Police Department and the status of the case.
THE CITY COUNCIL RECESSED AT 7:03 P.M. AS THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY.
RA1. APPROVAL OF MINUTES:
Staff Report Item RA1.
Motion to Approve the Community Redevelopment Agency Minutes of February 7, 2007. Moved by Councilmember Mills, seconded by Councilmember McCulloch.
Vote to Approve the Community Redevelopment Agency Minutes of February 7, 2007. (Approved)
Councilmember Mills stated he has a conflict of interest with respect to Item RA2., as he has a business project near the construction of the site; would not participate in the discussion or the vote, and left Council Chamber.
RA2. LETTER OF INTENT WITH THE UNITED STATES, DEPARTMENT OF INTERIOR, BUREAU OF INDIAN AFFAIRS AND ROSANNA SAUBEL, FOR THE LEASE OF ALLOTMENT PALM SPRINGS-71A IN SECTION 14, T4S, R4E, FOR PUBLIC PARKING OR THE DEVELOPMENT OF A HOTEL:
Staff Report Item RA2.
John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated February 21, 2007.
Mayor Pro Tem Pougnet requested staff address the purpose, as stated in the letter of intent versus the staff report, and requested an amendment to the letter of intent to allow for parking as well as a hotel or condominium project.
Motion to 1) Approve a letter of intent with the United States, Department of Interior, Bureau of Indian Affairs and Rosanna Saubel, for the lease of Allotment PS-71 in Section 14, T4S, R4E for public parking or the development of a hotel and
as amended to allow for the development of a condominium project
;
and 2) Authorize the Executive Director to execute the letter of intent. Moved by Councilmember McCulloch, seconded by Mayor Oden.
Vote to 1) Approve a letter of intent with the United States, Department of Interior, Bureau of Indian Affairs and Rosanna Saubel, for the lease of Allotment PS-71 in Section 14, T4S, R4E for public parking or the development of a hotel and
as amended to allow for the development of a condominium project
;
and 2) Authorize the Executive Director to execute the letter of intent. (Approved)
Councilmember Mills returned to the dais.
THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY ADJOURNED AT 7:09 P.M. AND RECONVENE AS THE CITY COUNCIL.
2. CONSENT CALENDAR:
Motion to Approve Items 2.A., 2.B., 2.C., 2.D., 2.I., 2.J., 2K., 2.L., 2.M., 2.N., 2.O., 2.P., and 2.Q. Moved by Councilmember Foat, seconded by Mayor Pro Tem Pougnet.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.I., 2.J., 2K., 2.L., 2.M., 2.N., 2.O., 2.P., and 2.Q. (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. STAFF AUTHORIZED AGREEMENTS FOR JANUARY 2007:
Staff Report Item 2.D.
2.I. MILLS ACT AGREEMENT WITH MARK A. PUOPOLO, FOR "THE HAMRICK HOUSE" LOCATED AT 875 CHINO CANYON ROAD:
Staff Report Item 2.I.
2.J. FINAL MAP 33936 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH AMADO HERMOSA II, LLC, FOR A 42-UNIT CONDOMINIUM DEVELOPMENT LOCATED AT 1400 AMADO ROAD:
Staff Report Item 2.J.
2.K. FINAL MAP 33161 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH SHERMAN LAS VEGAS ROAD HOUSING, INC., FOR 32 SINGLE FAMILY HOMES LOCATED AT 300 RADIO ROAD:
Staff Report Item 2.K.
2.L. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND AUTHORIZATION TO BID THE GENE AUTRY TRAIL WIDENING PROJECT, FROM VISTA CHINO TO UNION PACIFIC RAILROAD BRIDGE, CP02-03:
Staff Report Item 2.L.
2.M. PURCHASE OF A BOBCAT MULTI-TERRAIN LOADER FOR WASTEWATER TREATMENT PLANT PER AGREEMENT WITH VEOLIA WATER NORTH AMERICA - WEST, LLC:
Staff Report Item 2.M.
2.N. PURCHASE OF ONE NEW CCTV PIPELINE INSPECTION VEHICLE FROM CUE’S, INC. FOR USE BY THE WASTEWATER TREATMENT PLANT PER AGREEMENT WITH VEOLIA WATER NORTH AMERICA - WEST, LLC:
Staff Report Item 2.N.
2.O. MILLS ACT AGREEMENT WITH MCB PROPERTIES, LLC, FOR THE "EL MIRADOR GARAGE" LOCATED AT 1090 NORTH PALM CANYON DRIVE:
Staff Report Item 2.O.
2.P. AMENDMENT NO. 1 TO AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH THE OASI GROUP FOR A 7.8± ACRE CITY-OWNED PARCEL AT THE NORTHEAST CORNER OF CALLE ALVARDO AND AMADO ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2, EXTENDING THE TERM TO JULY 1, 2007:
Staff Report Item 2.P.
2.Q. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND AUTHORIZATION TO BID THE PALM SPRINGS STADIUM REPAINT PROJECT, CP07-02:
Staff Report Item 2.Q.
EXCLUDED CONSENT CALENDAR:
Councilmember Foat indicated she has a business ownership related conflict of interest with respect to Item 2.E., would not participate in the discussion or the vote, and left Council Chamber.
2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1709, ESTABLISHING THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT IN THE DOWNTOWN AND UPTOWN AREAS OF PALM SPRINGS AND AUTHORIZING THE LEVY OF ASSESSMENT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA OF LAW OF 1989:
Staff Report Item 2.E.
Motion to Free Form Waive further reading and adopt Ordinance No. 1709, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT IN THE DOWNTOWN AND UPTOWN AREAS OF PALM SPRINGS AND AUTHORIZING THE LEVY OF ASSESSMENT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA OF LAW OF 1989."
Vote to Waive further reading and adopt Ordinance No. 1709, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT IN THE DOWNTOWN AND UPTOWN AREAS OF PALM SPRINGS AND AUTHORIZING THE LEVY OF ASSESSMENT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA OF LAW OF 1989." (Approved)
Councilmember Foat returned to the dais.
2.F. CHANGE ORDER NO. 2 TO AGREEMENT NO. A4382 WITH GENSLER, ADDING INTERIOR COLORS AND FURNITURE SELECTION FOR THE REGIONAL JET TERMINAL PROJECT IN AN AMOUNT NOT-TO-EXCEED $8,160:
Staff Report Item 2.F.
Councilmember Mills requested staff address the timing as a little late due to the fact the project is well into construction, if the amount is included in the budget and the agreement, and expressed concerned that the City is creating "piece meal" projects at the Airport, without consideration of the over all facility.
Motion to 1) Adopt Minute Order No. 8001, Approving Change Order No. 2 to Agreement A4382 (Amendment No. 11) with Gensler adding interior colors and furniture selection for the Regional Jet Terminal Project, to the design contract in an amount not to exceed $8,160, subject to approval by the Federal Aviation Administration; and 2) Authorize the City Manager to execute all necessary documents. A4382. Moved by Councilmember Mills, seconded by Mayor Pro Tem Pougnet.
Vote to 1) Adopt Minute Order No. 8001, Approving Change Order No. 2 to Agreement A4382 (Amendment No. 11) with Gensler adding interior colors and furniture selection for the Regional Jet Terminal Project, to the design contract in an amount not to exceed $8,160, subject to approval by the Federal Aviation Administration; and 2) Authorize the City Manager to execute all necessary documents. A4382. (Approved)
2.G. AIRPORT COURTYARD LANDSCAPE - REJECT BID FROM PENN WOODS CORPORATION AS NON-RESPONSIVE AND AWARD THE BASE CONTRACT LESS THE WATER FEATURE TO MARINA LANDSCAPE, INC.:
Staff Report Item 2.G.
Councilmember Mills requested the City Council consider adding the water feature back in the courtyard landscape project.
Motion to 1) Adopt Resolution No. 21834, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REJECTING THE BID OF PENN WOODS CORPORATION FOR THE AIRPORT COURTYARD LANDSCAPING PROJECT, CITY PROJECT NO. 06-22, AS NON-RESPONSIVE AND AWARDING THE BASE BID TO MARINA LANDSCAPE, INC. IN THE AMOUNT OF $849,995;" amending the resolution to include the proposed water feature; and 2) Authorize the City Manager to execute all necessary documents. A5433. Moved by Councilmember Mills, seconded by Councilmember Foat.
Vote to 1) Adopt Resolution No. 21834, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REJECTING THE BID OF PENN WOODS CORPORATION FOR THE AIRPORT COURTYARD LANDSCAPING PROJECT, CITY PROJECT NO. 06-22, AS NON-RESPONSIVE AND AWARDING THE BASE BID TO MARINA LANDSCAPE, INC. IN THE AMOUNT OF $849,995;" amending the resolution to include the proposed water feature; and 2) Authorize the City Manager to execute all necessary documents. A5433. (Approved)
2.H. AMENDMENT NO. 3 TO AGREEMENT NO. A5101 PLACEMENT AND REIMBURSEMENT OF PUBLIC ART WITH PALM SPRINGS CLASSIC, LLC:
Staff Report Item 2.H.
Councilmember Mills requested staff address the lighting of the sculpture.
Motion to 1) Adopt Minute Order No. 8002, Approving Amendment No. 3 to Agreement No. A5101 with Palm Springs Classic, LLC for placement and reimbursement of additional work of public art on private property and grant of easement by and between the City of Palm Springs and Palm Springs Classic, LLC and total reimbursement of public art fee in the amount of $425,600 at the Escena Project
with the caveat that the sculpture is lit as indicated in Exhibit A
; and 2) Authorize the City Manager to execute all necessary documents. A5101. Moved by Mayor Oden, seconded by Councilmember Mills.
Vote to 1) Adopt Minute Order No. 8002, Approving Amendment No. 3 to Agreement No. A5101 with Palm Springs Classic, LLC for placement and reimbursement of additional work of public art on private property and grant of easement by and between the City of Palm Springs and Palm Springs Classic, LLC and total reimbursement of public art fee in the amount of $425,600 at the Escena Project
with the caveat that the sculpture is lit as indicated in Exhibit A
; and 2) Authorize the City Manager to execute all necessary documents. A5101. (Approved)
2.R. PROPOSED RESOLUTION TO AMEND THE BUDGET FOR FISCAL YEAR 2006-07 FOR THE CONVENTION AND VISITORS AUTHORITY MARKETING CAMPAIGN IN THE AMOUNT OF $50,000:
Staff Report Item 2.R.
Councilmember Foat commented on the proposed request for a Study Session with the CVA, requested staff address if the other cities may participate in the advertising, and if the Tribe had been approached for support.
Mayor Oden clarified the purpose of the advertising campaign is to attract Airlines to the Palm Springs International Airport.
Motion to Free Form 1) Adopt Resolution No. 21839, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2006-07 FOR THE 2007 ADVERTISING CAMPAIGN."
Vote to 1) Adopt Resolution No. 21839, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2006-07 FOR THE 2007 ADVERTISING CAMPAIGN." (Approved)
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE ESTABLISHING AND SPECIFYING THE DUTIES AND POWERS OF A SEVEN MEMBER ENERGY CONSERVATION COMMISSION:
Staff Report Item 3.A.
City Clerk Thompson provided background information as outlined in the staff report dated February 21, 2007.
Councilmember Foat requested the subcommittee address the structure of the Commission being residents of the City, not industry representatives.
Councilmember Mills requested staff address the concept of environmental conservation as well as energy conservation, recommended renaming the Commission to the
Energy and Environmental Conservation Commission,
and requested Section 2.24.050(2) be amended to read " . . . may be addressed and advise City Council."
Councilmember Foat commented on other requests concerning environmental issues such as the U.S. Mayors' Climate Protection Resolution, AQMD letter regarding Natural Gas, and Pro-Active letter regarding the California Green Builder Program, and requested it be included in the Commission.
Mayor Pro Tem Pougnet requested that the proposed Commission look at the U.S. Mayor's Resolution, and that as a Council we could propose guiding principles for the Commission to adopt.
Mayor Oden expressed concerns with the emphasis on conservation, including recycling and water within the scope of the Commission.
Councilmember Mills suggested that staff review the Ordinance and return to the City Council with a more directed but flexible purpose.
Mayor Pro Tem Pougnet commented on the history of the development of the Commission through the subcommittee.
City Attorney Holland stated the ordinance was drafted narrowly for energy conservation, and if the City Council wanted to include environmental conservation as well, the ordinance should be returned to staff for amendments.
Councilmember Foat requested the subcommittee meet with staff and the City Attorney and return quickly with a revised ordinance.
ACTION:
Direct the City Council subcommittee meet with staff and the City Attorney to revise the proposed Ordinance.
By consensus of the City Council.
The City Council recessed at 7:43 P.M.
The City Council reconvened at 7:52 P.M.
4. UNFINISHED BUSINESS:
5. NEW BUSINESS:
5.A. PROPOSED RESOLUTION IN SUPPORT OF SENATE JOINT RESOLUTION NO. 1 (SJR1) (MIGDEN) RELATIVE TO THE WAR IN IRAQ:
Staff Report Item 5.A.
City Clerk Thompson provided background information as outlined in the staff report dated February 21, 2007.
Councilmember Foat commented on the resolution being within the jurisdiction of the City Council, and provided comments on the current status of the U.S. mission in Iraq.
Councilmember Mills stated he was put in office to deal with local issues not Federal issues, and stated he does not see it as an issue for the City Council.
Councilmember McCulloch commented on his relationship with Veterans for Peace and Tom Swann, and commented on the impact as being a tourist town, and the resolution is outside the jurisdiction that the City Council was elected.
Mayor Pro Tem Pougnet commented on his objectives facing the city, commented on his primary role as a Councilmember is to maintain and improve City Services, called for a resolution to reduce the use of oil and energy by 10 percent, and for a solution that would assist the U.S. Troops.
Mayor Oden stated we are all affected by the war, and the money spent on the war, and as a Country we need to make some decisions, and indicated the City is not responsible for the decisions of other Governmental agencies; however, we do sit down with other agencies and express our concerns when it affects the City.
Councilmember Foat stated this is not about the City of Palm Springs trying to end the war, that this is just one venue for a resolution of support.
Motion to Direct the City Manager and City Attorney to work with the City Council to prepare a resolution of what the citizens can do for the troops, the Country, and other parts of the World, and place on a future Study Session agenda. Moved by Mayor Pro Tem Pougnet, seconded by Mayor Oden.
Vote to Direct the City Manager and City Attorney to work with the City Council to prepare a resolution of what the citizens can do for the troops, the Country, and other parts of the World, and place on a future Study Session agenda. (Approved)
MOTION:
Adopt Resolution, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF SENATE JOINT RESOLUTION NO. 1 (SJR 1) (MIGDEN) URGING THE CONGRESS AND THE PRESIDENT OF THE UNITED STATES NOT TO ESCALATE INVOLVEMENT IN IRAQ."
Motion failed for lack of a second.
COUNCILMEMBER COMMENTS AND REPORTS:
Councilmember Foat requested the City Manager provide a place on the agenda for committee reports, and requested staff provide a drop-off center at City Hall, for Hidden Harvest, for home grown fruit and produce donations.
Mayor Pro Tem Pougnet stated he would like to move quickly on the Energy and Conservation Commission, and commented on some potential projects the Commission could consider.
Mayor Oden commented on reporting at City Council meetings and suggested the City Council try to provide Committee Reports at Study Sessions, thanked members of the public for designating their properties for Mills Act Agreements, announced the events and activities attended by the Mayor’s office, and requested staff place on the next agenda for the City Council to initiate a Zoning Text Amendment with respect to setback reductions on secondary thoroughfares.
ADJOURNMENT:
Feb 21, 2007 City Council Meeting
Full agenda
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
Mayor Oden and the City Council announced that the James O. Jessie Desert Highland Unity Center expansion, was the recipient of the 2007 Audrey Nelson Community Development Achievement Award from the National Community Development Association, and presented Certificates of Appreciation to those individuals and businesses involved.
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Councilmember McCulloch noted his business related abstention on Item 2.C., Warrant No. 1018947, and requested Item 2.E. be removed from the Consent Calendar for separate vote.
Councilmember Foat requested Item 2.R. be removed from the Consent Calendar for separate vote, and noted her property related abstention on Item 2.E.
Councilmember Mills noted his business related abstention on Consent Calendar Items 2.J., and 2.P., and requested Items 2.F., 2.G., and 2.H. be removed from the Consent Calendar for separate discussion.
Motion to Free Form Accept the Agenda as amended.
Vote to Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. THE NICHOLS BUILDING, A MIXED-USE DEVELOPMENT, CASE NO. 5.1110, PLANNED DEVELOPMENT DISTRICT 327, FOR A PROJECT CONSISTING OF FOUR RETAIL STORES ON THE GROUND LEVEL AND EIGHT MULTI-FAMILY DWELLING UNITS ON THE SECOND FLOOR LOCATED AT THE SOUTHWEST CORNER OF HERMOSA PLACE AND NORTH PALM CANYON DRIVE:
Staff Report Item 1.A.
ACTION:
Continue and direct the City Clerk to re-notice the hearing.
By consensus of the City Council.
PUBLIC COMMENT:
JIM STUART, Palm Springs, requested the City Council take no action on Item 5.A. relative to the war in Iraq, and requested the staff address how much money was spent on the issue.
DAVID DANOS, requested the City Council sign on to the U. S. Mayors Climate Protection Agreement for the Cities Working Together to Protect our Air Quality, Health and Environment.
TOM SWANN, Rancho Mirage, spoke against the escalation of the war in Iraq.
TRACY TURNER, Palm Springs, spoke in opposition to the escalation of U.S. Troops in Iraq, and requested the City Council adopt the resolution relative to Iraq.
TERRY DAVIS, spoke in opposition to the escalation of U.S. Troops in Iraq, and stated the Troops should be brought home.
GREG PECK, La Quinta, thanked the City of Palm Springs and the Palm Springs International Airport for its support of the USO at the Palm Springs International Airport.
BOB RICHMOND, Palm Springs, stated the resolution relative to the war in Iraq should be discussed at other levels of government, and not addressed by the City Council.
INEZ CARDOZO-FREEMAN, Palm Springs, read a letter opposed to the escalation of U.S. Troops in Iraq.
GLEASON FARRIS, Palm Desert, spoke in opposition to the escalation of U.S. Troops in Iraq, and requested the City Council support the resolution relative to the war in Iraq.
VAL OGBURN, Palm Springs, stated the resolution relative to the war in Iraq should be discussed at other levels of government, and not addressed by the City Council.
AMALIA DOAZTLAN, Bermuda Dunes, spoke in opposition of the escalation of U.S. Troops in Iraq, and requested the City Council support the resolution relative to Iraq.
SHEILA GRATTAN, Palm Springs, read an editorial in the Press Enterprise, relative to the war in Iraq.
JOY MEREDITH, Palm Springs, spoke in support of Item 2.E., and requested the City Council support the Downtown and Uptown Business Improvement District.
KURT BARRIE, Palm Springs, spoke in opposition to the escalation of U.S. Troops in Iraq, and requested the City Council support the resolution relative to Iraq.
BRIAN STRAHL, Palm Springs, stated the resolution relative to the war in Iraq should be discussed at other levels of government and in the voting booth, and not addressed by the City Council.
DENNIS BEACHMAN, Palm Springs, spoke in opposition to the escalation of U.S. Troops in Iraq, and requested the City Council support the resolution relative to Iraq.
GEORGE ZANDER, Palm Springs, spoke in opposition to the escalation of U.S. Troops in Iraq, and requested the City Council support the resolution relative to Iraq.
NOELLE EBERZ, spoke in opposition to the escalation of U.S. Troops in Iraq, and requested the City Council support the resolution relative to Iraq.
COUNCILMEMBER COMMENTS AND REQUESTS:
Councilmember Foat requested Item 5.A. be heard prior to the Consent Calendar.
Discussion was held regarding further amending the Agenda, no action was taken.
CITY MANAGER’S REPORT:
City Manager Ready requested Police Chief Gary Jeandron provide an update on a forcible rape crime being solved by the City of Palm Springs Police Department and the status of the case.
THE CITY COUNCIL RECESSED AT 7:03 P.M. AS THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY.
RA1. APPROVAL OF MINUTES:
Staff Report Item RA1.
Motion to Approve the Community Redevelopment Agency Minutes of February 7, 2007. Moved by Councilmember Mills, seconded by Councilmember McCulloch.
Vote to Approve the Community Redevelopment Agency Minutes of February 7, 2007. (Approved)
Councilmember Mills stated he has a conflict of interest with respect to Item RA2., as he has a business project near the construction of the site; would not participate in the discussion or the vote, and left Council Chamber.
RA2. LETTER OF INTENT WITH THE UNITED STATES, DEPARTMENT OF INTERIOR, BUREAU OF INDIAN AFFAIRS AND ROSANNA SAUBEL, FOR THE LEASE OF ALLOTMENT PALM SPRINGS-71A IN SECTION 14, T4S, R4E, FOR PUBLIC PARKING OR THE DEVELOPMENT OF A HOTEL:
Staff Report Item RA2.
John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated February 21, 2007.
Mayor Pro Tem Pougnet requested staff address the purpose, as stated in the letter of intent versus the staff report, and requested an amendment to the letter of intent to allow for parking as well as a hotel or condominium project.
Motion to 1) Approve a letter of intent with the United States, Department of Interior, Bureau of Indian Affairs and Rosanna Saubel, for the lease of Allotment PS-71 in Section 14, T4S, R4E for public parking or the development of a hotel and
as amended to allow for the development of a condominium project
;
and 2) Authorize the Executive Director to execute the letter of intent. Moved by Councilmember McCulloch, seconded by Mayor Oden.
Vote to 1) Approve a letter of intent with the United States, Department of Interior, Bureau of Indian Affairs and Rosanna Saubel, for the lease of Allotment PS-71 in Section 14, T4S, R4E for public parking or the development of a hotel and
as amended to allow for the development of a condominium project
;
and 2) Authorize the Executive Director to execute the letter of intent. (Approved)
Councilmember Mills returned to the dais.
THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY ADJOURNED AT 7:09 P.M. AND RECONVENE AS THE CITY COUNCIL.
2. CONSENT CALENDAR:
Motion to Approve Items 2.A., 2.B., 2.C., 2.D., 2.I., 2.J., 2K., 2.L., 2.M., 2.N., 2.O., 2.P., and 2.Q. Moved by Councilmember Foat, seconded by Mayor Pro Tem Pougnet.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.I., 2.J., 2K., 2.L., 2.M., 2.N., 2.O., 2.P., and 2.Q. (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. STAFF AUTHORIZED AGREEMENTS FOR JANUARY 2007:
Staff Report Item 2.D.
2.I. MILLS ACT AGREEMENT WITH MARK A. PUOPOLO, FOR "THE HAMRICK HOUSE" LOCATED AT 875 CHINO CANYON ROAD:
Staff Report Item 2.I.
2.J. FINAL MAP 33936 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH AMADO HERMOSA II, LLC, FOR A 42-UNIT CONDOMINIUM DEVELOPMENT LOCATED AT 1400 AMADO ROAD:
Staff Report Item 2.J.
2.K. FINAL MAP 33161 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH SHERMAN LAS VEGAS ROAD HOUSING, INC., FOR 32 SINGLE FAMILY HOMES LOCATED AT 300 RADIO ROAD:
Staff Report Item 2.K.
2.L. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND AUTHORIZATION TO BID THE GENE AUTRY TRAIL WIDENING PROJECT, FROM VISTA CHINO TO UNION PACIFIC RAILROAD BRIDGE, CP02-03:
Staff Report Item 2.L.
2.M. PURCHASE OF A BOBCAT MULTI-TERRAIN LOADER FOR WASTEWATER TREATMENT PLANT PER AGREEMENT WITH VEOLIA WATER NORTH AMERICA - WEST, LLC:
Staff Report Item 2.M.
2.N. PURCHASE OF ONE NEW CCTV PIPELINE INSPECTION VEHICLE FROM CUE’S, INC. FOR USE BY THE WASTEWATER TREATMENT PLANT PER AGREEMENT WITH VEOLIA WATER NORTH AMERICA - WEST, LLC:
Staff Report Item 2.N.
2.O. MILLS ACT AGREEMENT WITH MCB PROPERTIES, LLC, FOR THE "EL MIRADOR GARAGE" LOCATED AT 1090 NORTH PALM CANYON DRIVE:
Staff Report Item 2.O.
2.P. AMENDMENT NO. 1 TO AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH THE OASI GROUP FOR A 7.8± ACRE CITY-OWNED PARCEL AT THE NORTHEAST CORNER OF CALLE ALVARDO AND AMADO ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2, EXTENDING THE TERM TO JULY 1, 2007:
Staff Report Item 2.P.
2.Q. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND AUTHORIZATION TO BID THE PALM SPRINGS STADIUM REPAINT PROJECT, CP07-02:
Staff Report Item 2.Q.
EXCLUDED CONSENT CALENDAR:
Councilmember Foat indicated she has a business ownership related conflict of interest with respect to Item 2.E., would not participate in the discussion or the vote, and left Council Chamber.
2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1709, ESTABLISHING THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT IN THE DOWNTOWN AND UPTOWN AREAS OF PALM SPRINGS AND AUTHORIZING THE LEVY OF ASSESSMENT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA OF LAW OF 1989:
Staff Report Item 2.E.
Motion to Free Form Waive further reading and adopt Ordinance No. 1709, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT IN THE DOWNTOWN AND UPTOWN AREAS OF PALM SPRINGS AND AUTHORIZING THE LEVY OF ASSESSMENT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA OF LAW OF 1989."
Vote to Waive further reading and adopt Ordinance No. 1709, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT IN THE DOWNTOWN AND UPTOWN AREAS OF PALM SPRINGS AND AUTHORIZING THE LEVY OF ASSESSMENT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA OF LAW OF 1989." (Approved)
Councilmember Foat returned to the dais.
2.F. CHANGE ORDER NO. 2 TO AGREEMENT NO. A4382 WITH GENSLER, ADDING INTERIOR COLORS AND FURNITURE SELECTION FOR THE REGIONAL JET TERMINAL PROJECT IN AN AMOUNT NOT-TO-EXCEED $8,160:
Staff Report Item 2.F.
Councilmember Mills requested staff address the timing as a little late due to the fact the project is well into construction, if the amount is included in the budget and the agreement, and expressed concerned that the City is creating "piece meal" projects at the Airport, without consideration of the over all facility.
Motion to 1) Adopt Minute Order No. 8001, Approving Change Order No. 2 to Agreement A4382 (Amendment No. 11) with Gensler adding interior colors and furniture selection for the Regional Jet Terminal Project, to the design contract in an amount not to exceed $8,160, subject to approval by the Federal Aviation Administration; and 2) Authorize the City Manager to execute all necessary documents. A4382. Moved by Councilmember Mills, seconded by Mayor Pro Tem Pougnet.
Vote to 1) Adopt Minute Order No. 8001, Approving Change Order No. 2 to Agreement A4382 (Amendment No. 11) with Gensler adding interior colors and furniture selection for the Regional Jet Terminal Project, to the design contract in an amount not to exceed $8,160, subject to approval by the Federal Aviation Administration; and 2) Authorize the City Manager to execute all necessary documents. A4382. (Approved)
2.G. AIRPORT COURTYARD LANDSCAPE - REJECT BID FROM PENN WOODS CORPORATION AS NON-RESPONSIVE AND AWARD THE BASE CONTRACT LESS THE WATER FEATURE TO MARINA LANDSCAPE, INC.:
Staff Report Item 2.G.
Councilmember Mills requested the City Council consider adding the water feature back in the courtyard landscape project.
Motion to 1) Adopt Resolution No. 21834, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REJECTING THE BID OF PENN WOODS CORPORATION FOR THE AIRPORT COURTYARD LANDSCAPING PROJECT, CITY PROJECT NO. 06-22, AS NON-RESPONSIVE AND AWARDING THE BASE BID TO MARINA LANDSCAPE, INC. IN THE AMOUNT OF $849,995;" amending the resolution to include the proposed water feature; and 2) Authorize the City Manager to execute all necessary documents. A5433. Moved by Councilmember Mills, seconded by Councilmember Foat.
Vote to 1) Adopt Resolution No. 21834, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REJECTING THE BID OF PENN WOODS CORPORATION FOR THE AIRPORT COURTYARD LANDSCAPING PROJECT, CITY PROJECT NO. 06-22, AS NON-RESPONSIVE AND AWARDING THE BASE BID TO MARINA LANDSCAPE, INC. IN THE AMOUNT OF $849,995;" amending the resolution to include the proposed water feature; and 2) Authorize the City Manager to execute all necessary documents. A5433. (Approved)
2.H. AMENDMENT NO. 3 TO AGREEMENT NO. A5101 PLACEMENT AND REIMBURSEMENT OF PUBLIC ART WITH PALM SPRINGS CLASSIC, LLC:
Staff Report Item 2.H.
Councilmember Mills requested staff address the lighting of the sculpture.
Motion to 1) Adopt Minute Order No. 8002, Approving Amendment No. 3 to Agreement No. A5101 with Palm Springs Classic, LLC for placement and reimbursement of additional work of public art on private property and grant of easement by and between the City of Palm Springs and Palm Springs Classic, LLC and total reimbursement of public art fee in the amount of $425,600 at the Escena Project
with the caveat that the sculpture is lit as indicated in Exhibit A
; and 2) Authorize the City Manager to execute all necessary documents. A5101. Moved by Mayor Oden, seconded by Councilmember Mills.
Vote to 1) Adopt Minute Order No. 8002, Approving Amendment No. 3 to Agreement No. A5101 with Palm Springs Classic, LLC for placement and reimbursement of additional work of public art on private property and grant of easement by and between the City of Palm Springs and Palm Springs Classic, LLC and total reimbursement of public art fee in the amount of $425,600 at the Escena Project
with the caveat that the sculpture is lit as indicated in Exhibit A
; and 2) Authorize the City Manager to execute all necessary documents. A5101. (Approved)
2.R. PROPOSED RESOLUTION TO AMEND THE BUDGET FOR FISCAL YEAR 2006-07 FOR THE CONVENTION AND VISITORS AUTHORITY MARKETING CAMPAIGN IN THE AMOUNT OF $50,000:
Staff Report Item 2.R.
Councilmember Foat commented on the proposed request for a Study Session with the CVA, requested staff address if the other cities may participate in the advertising, and if the Tribe had been approached for support.
Mayor Oden clarified the purpose of the advertising campaign is to attract Airlines to the Palm Springs International Airport.
Motion to Free Form 1) Adopt Resolution No. 21839, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2006-07 FOR THE 2007 ADVERTISING CAMPAIGN."
Vote to 1) Adopt Resolution No. 21839, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2006-07 FOR THE 2007 ADVERTISING CAMPAIGN." (Approved)
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE ESTABLISHING AND SPECIFYING THE DUTIES AND POWERS OF A SEVEN MEMBER ENERGY CONSERVATION COMMISSION:
Staff Report Item 3.A.
City Clerk Thompson provided background information as outlined in the staff report dated February 21, 2007.
Councilmember Foat requested the subcommittee address the structure of the Commission being residents of the City, not industry representatives.
Councilmember Mills requested staff address the concept of environmental conservation as well as energy conservation, recommended renaming the Commission to the
Energy and Environmental Conservation Commission,
and requested Section 2.24.050(2) be amended to read " . . . may be addressed and advise City Council."
Councilmember Foat commented on other requests concerning environmental issues such as the U.S. Mayors' Climate Protection Resolution, AQMD letter regarding Natural Gas, and Pro-Active letter regarding the California Green Builder Program, and requested it be included in the Commission.
Mayor Pro Tem Pougnet requested that the proposed Commission look at the U.S. Mayor's Resolution, and that as a Council we could propose guiding principles for the Commission to adopt.
Mayor Oden expressed concerns with the emphasis on conservation, including recycling and water within the scope of the Commission.
Councilmember Mills suggested that staff review the Ordinance and return to the City Council with a more directed but flexible purpose.
Mayor Pro Tem Pougnet commented on the history of the development of the Commission through the subcommittee.
City Attorney Holland stated the ordinance was drafted narrowly for energy conservation, and if the City Council wanted to include environmental conservation as well, the ordinance should be returned to staff for amendments.
Councilmember Foat requested the subcommittee meet with staff and the City Attorney and return quickly with a revised ordinance.
ACTION:
Direct the City Council subcommittee meet with staff and the City Attorney to revise the proposed Ordinance.
By consensus of the City Council.
The City Council recessed at 7:43 P.M.
The City Council reconvened at 7:52 P.M.
4. UNFINISHED BUSINESS:
5. NEW BUSINESS:
5.A. PROPOSED RESOLUTION IN SUPPORT OF SENATE JOINT RESOLUTION NO. 1 (SJR1) (MIGDEN) RELATIVE TO THE WAR IN IRAQ:
Staff Report Item 5.A.
City Clerk Thompson provided background information as outlined in the staff report dated February 21, 2007.
Councilmember Foat commented on the resolution being within the jurisdiction of the City Council, and provided comments on the current status of the U.S. mission in Iraq.
Councilmember Mills stated he was put in office to deal with local issues not Federal issues, and stated he does not see it as an issue for the City Council.
Councilmember McCulloch commented on his relationship with Veterans for Peace and Tom Swann, and commented on the impact as being a tourist town, and the resolution is outside the jurisdiction that the City Council was elected.
Mayor Pro Tem Pougnet commented on his objectives facing the city, commented on his primary role as a Councilmember is to maintain and improve City Services, called for a resolution to reduce the use of oil and energy by 10 percent, and for a solution that would assist the U.S. Troops.
Mayor Oden stated we are all affected by the war, and the money spent on the war, and as a Country we need to make some decisions, and indicated the City is not responsible for the decisions of other Governmental agencies; however, we do sit down with other agencies and express our concerns when it affects the City.
Councilmember Foat stated this is not about the City of Palm Springs trying to end the war, that this is just one venue for a resolution of support.
Motion to Direct the City Manager and City Attorney to work with the City Council to prepare a resolution of what the citizens can do for the troops, the Country, and other parts of the World, and place on a future Study Session agenda. Moved by Mayor Pro Tem Pougnet, seconded by Mayor Oden.
Vote to Direct the City Manager and City Attorney to work with the City Council to prepare a resolution of what the citizens can do for the troops, the Country, and other parts of the World, and place on a future Study Session agenda. (Approved)
MOTION:
Adopt Resolution, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF SENATE JOINT RESOLUTION NO. 1 (SJR 1) (MIGDEN) URGING THE CONGRESS AND THE PRESIDENT OF THE UNITED STATES NOT TO ESCALATE INVOLVEMENT IN IRAQ."
Motion failed for lack of a second.
COUNCILMEMBER COMMENTS AND REPORTS:
Councilmember Foat requested the City Manager provide a place on the agenda for committee reports, and requested staff provide a drop-off center at City Hall, for Hidden Harvest, for home grown fruit and produce donations.
Mayor Pro Tem Pougnet stated he would like to move quickly on the Energy and Conservation Commission, and commented on some potential projects the Commission could consider.
Mayor Oden commented on reporting at City Council meetings and suggested the City Council try to provide Committee Reports at Study Sessions, thanked members of the public for designating their properties for Mills Act Agreements, announced the events and activities attended by the Mayor’s office, and requested staff place on the next agenda for the City Council to initiate a Zoning Text Amendment with respect to setback reductions on secondary thoroughfares.
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