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 presented Norm Brown a Certificate of Appreciation, for his voluntary community service to the community.
City Manager Ready introduced the City Council Compensation Committee and thanked them for their service. The Committee briefly discussed the criteria they reviewed to formulate their recommendation.
Mary Jo Ginther, Bureau of Tourism, presented to the City Council the new on-line Visitors Guide.
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated staff requested Consent Calendar Items 2.N. and 2.X. be withdrawn from the Agenda.
Mayor Pro Tem Pougnet requested Item 2.R. be removed from the Consent Calendar.
Councilmember McCulloch noted his business related abstention on Item 2.E., Warrant No. 1022320, and requested Item 2.U. be removed from the Consent Calendar.
Councilmember Mills requested Item 2.K. be removed from the Consent Calendar, and noted his business related abstention on Item 2.E. Warrant No. 1022494.
Councilmember Foat requested Item 2.K. be removed from the Consent Calendar.
Mayor Oden requested Item 2.J. be removed from the Consent Calendar, and requested Public Hearing Item 1.E. be heard concurrently with Consent Calendar Item 2.D.
Motion to Free Form Accept the Agenda as amended.
Vote to Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. CASE NO. 5.1104 - LAURICH PROPERTIES - GENERAL PLAN AMENDMENT TO THE SECTION 14 SPECIFIC PLAN, TO ALLOW FINANCIAL INSTITUTIONS WITH DRIVE-THROUGH TELLER FACILITIES AND DRUG STORE / PHARMACIES WITH PRESCRIPTION PICK-UP WINDOWS BE PERMITTED IN THE RESORT/ATTRACTION (RA) ZONE:
Staff Report Item 1.A.
Motion to 1) Continue the public hearing to September 19, 2007, at the request of the applicant, without public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Moved by Mayor Pro Tem Pougnet, seconded by Councilmember Mills.
Vote to 1) Continue the public hearing to September 19, 2007, at the request of the applicant, without public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)
1.B. CASE HSPB NO. 58 - DESIGNATION OF THE PROPERTY AT 1000 NORTH PALM CANYON DRIVE "THE POTTER CLINIC" AS A CLASS 2 HISTORIC SITE:
Staff Report Item 1.B.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated September 5, 2007.
Councilmember Foat requested staff address the benefits of a Class 2 site.
Mayor Pro Tem Pougnet commented on the property and the current stay of demolition.
Mayor Oden opened the public hearing, and the following speaker addressed the City Council.
TONY MERCHELL, Desert Hot Springs, stated this building is an early example of the architect, and commented on the deterioration of buildings considered significant.
No further speakers coming forward, the public hearing was closed.
Motion to Free Form Adopt Resolution No. 22018, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING 1000 NORTH PALM CANYON DRIVE "THE POTTER CLINIC" A CLASS TWO HISTORIC SITE."
Vote to Adopt Resolution No. 22018, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING 1000 NORTH PALM CANYON DRIVE "THE POTTER CLINIC" A CLASS TWO HISTORIC SITE." (Approved)
1.C. CASE 5.1158, CONDITIONAL USE PERMIT APPLICATION BY MARK MATTHEWS OF WIEFELS AND SONS FOR THE OPERATION OF A PET CREMATORIUM LOCATED AT 4515 CAMINO PAROCELA:
Staff Report Item 1.C.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated September 5, 2007.
Mayor Oden opened the public hearing, and the following speakers addressed the City Council.
MIHAI VLAICU and FATHER LIVIU POPA, stated the crematorium is next to the Church requested the City Council consider the activities of the Church, and stated the location is not appropriate.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Pougnet requested staff address if a crematorium currently exists on the property.
Councilmember Foat requested staff address the permits on the Conditions of Approval, commented on the report stating "no emissions or heat" from the equipment.
Mayor Oden requested staff address if the same conditions are imposed on human cremation.
Mayor Pro Tem Pougnet commented on surrounding similar uses.
Councilmember Mills stated there is a need in the City for a business of this type, and commented on the reputation of the operator.
Motion to Free Form Adopt Resolution No. 22019, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1158 FOR A CONDITIONAL USE PERMIT FOR THE OPERATION OF A PET CREMATORIUM LOCATED AT 4515 CAMINO PAROCELA, ZONE M-1 (N), SECTION 19."
Vote to Adopt Resolution No. 22019, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1158 FOR A CONDITIONAL USE PERMIT FOR THE OPERATION OF A PET CREMATORIUM LOCATED AT 4515 CAMINO PAROCELA, ZONE M-1 (N), SECTION 19." (Approved)
Councilmember Mills stated he has a business related conflict of interest with respect to Item 1.D., would not participate in the discussion or the vote, and left Council Chamber.
1.D. APPROVAL OF ALL OR PART OF THE COSTS OF THE ACQUISITION OF SUBLEASEHOLD INTEREST WITHIN MERGED REDEVELOPMENT PROJECT AREA NO. 2 BENEFITING MERGED REDEVELOPMENT PROJECT AREA NO. 1:
Staff Report Item 1.D.
John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated September 5, 2007.
Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.
Mayor Pro Tem Pougnet requested staff address the financing of "all" or "part" of the acquisition.
Motion to Free Form Adopt Resolution No. 22020, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 RELATING TO PAYMENT OF ALL OR PART OF THE COSTS OF ACQUISITION OF SUBLEASEHOLD INTEREST WITHIN MERGED REDEVELOPMENT PROJECT AREA NO. 2, BENEFITING MERGED REDEVELOPMENT PROJECT AREA NO. 1."
Vote to Adopt Resolution No. 22020, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 RELATING TO PAYMENT OF ALL OR PART OF THE COSTS OF ACQUISITION OF SUBLEASEHOLD INTEREST WITHIN MERGED REDEVELOPMENT PROJECT AREA NO. 2, BENEFITING MERGED REDEVELOPMENT PROJECT AREA NO. 1." (Approved)
Councilmember Mills returned to the dais.
The City Council heard Items 1.E. and 2.D. concurrently.
1.E. ESTABLISHING AN ALTERNATE PARK FEE REQUIREMENT FOR RESIDENTIAL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT:
Staff Report Item 1.E.
City Manager Ready provided background information as outlined in the staff report dated September 5, 2007.
Mayor Oden opened the public hearing, and the following speaker addressed the City Council.
JOY MEREDITH, Palm Springs, spoke in support of the reduction of Quimby Fees in the Downtown area.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills requested staff address the rationale for the fees.
Councilmember Foat requested staff address if the fee addressed "park like" space within the development.
Mayor Oden commented on the impact and benefits to developers in the Downtown area.
Motion to Free Form Adopt Resolution No. 22021, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING PARK FEES IN LIEU OF DEDICATION FOR RESIDENTIAL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT AND AMENDING CITY COUNCIL RESOLUTION NO. 21952, THE COMPREHENSIVE FEE SCHEDULE."
Vote to Adopt Resolution No. 22021, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING PARK FEES IN LIEU OF DEDICATION FOR RESIDENTIAL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT AND AMENDING CITY COUNCIL RESOLUTION NO. 21952, THE COMPREHENSIVE FEE SCHEDULE." (Approved)
2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1718, ADDING SUBSECTION G TO SECTION II AND SUBSECTION G TO SECTION VI OF ORDINANCE NO. 1632 OF THE CITY OF PALM SPRINGS, RELATING TO PARK FEES FOR RESIDENTIAL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT:
Staff Report Item 2.D.
Motion to Waive further reading and adopt Ordinance No. 1718, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SUBSECTION G TO SECTION II AND SUBSECTION G TO SECTION VI OF ORDINANCE NO. 1632 OF THE CITY OF PALM SPRINGS, RELATING TO PARK FEES FOR RESIDENTIAL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT." Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to Waive further reading and adopt Ordinance No. 1718, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SUBSECTION G TO SECTION II AND SUBSECTION G TO SECTION VI OF ORDINANCE NO. 1632 OF THE CITY OF PALM SPRINGS, RELATING TO PARK FEES FOR RESIDENTIAL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT." (Approved)
1.F. APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING CASE 5.0931 PD 279, AN AMENDMENT FOR FINAL DEVELOPMENT PLANS TO ALLOW A REDUCED FRONT YARD SET BACK FOR THE 12 REMAINING VACANT LOTS LOCATED WITHIN THE MOUNTAIN GATE DEVELOPMENT AT 900 GATEWAY DRIVE:
Staff Report Item 1.F.
Motion to 1) Continue the public hearing to September 19, 2007, at the request of the applicant, without public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Moved by Mayor Pro Tem Pougnet, seconded by Councilmember Mills.
Vote to 1) Continue the public hearing to September 19, 2007, at the request of the applicant, without public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)
PUBLIC COMMENT:
JACK SCHLOEDER, Palm Springs Pride, requested the City Council increase the sponsorship to the Palm Springs Pride event.
BARBARA MARSHALL, Palm Springs, stated her support for the closure of Livmor Avenue at Civic Drive.
ERNIE ETHERIDGE, stated his support for the closure of Livmor Avenue at Civic Drive.
WILLIE HOLLAND SR., commented on problems in the Desert Highland Gateway neighborhood.
JONO HILDNER, Palm Springs, commented on the mass grading allowed under the Shadowrock Development Agreement, and on Measure "C" for the November 6, 2007, election.
ERIKA ECHEY, commented on the Commendation presented to Norman Brown.
JOY MEREDITH, Palm Springs, spoke in support of an increase in City Council compensation.
COUNCILMEMBER COMMENTS AND REQUESTS:
The City Council recessed at 7:39 P.M.
The City Council reconvened at 7:49 P.M.
CITY MANAGER’S REPORT:
The City Council recessed at 7:55 P.M. and convened as the Community Redevelopment Agency.
RA1. APPROVE AN AGREEMENT WITH THE FAIR HOUSING COUNCIL OF RIVERSIDE COUNTY, INC., IN THE AMOUNT OF $27,757 FOR FAIR HOUSING SERVICES:
Staff Report Item RA1.
Mayor Oden requested a future Study Session on the accomplishments and program objectives of the program with the Fair Housing Council of Riverside County, Inc.
Motion to Free Form 1) Approve an agreement with the Fair Housing Council of Riverside County, Inc., in the amount of $27,757 for fair housing services through education, training/technical assistance and enforcement; and 2) Authorize the City Manager to execute all necessary documents. A0522C.
Vote to 1) Approve an agreement with the Fair Housing Council of Riverside County, Inc., in the amount of $27,757 for fair housing services through education, training/technical assistance and enforcement; and 2) Authorize the City Manager to execute all necessary documents. A0522C. (Approved)
RA2. APPROVAL OF MINUTES:
Staff Report Item RA2.
Motion to Free Form Approve the Community Redevelopment Agency Minutes of July 25, 2007.
Vote to Approve the Community Redevelopment Agency Minutes of July 25, 2007. (Approved)
The Community Redevelopment Agency adjourned at 8:01 P.M. and the City Council reconvened.
2. CONSENT CALENDAR:
Motion to Approve Items 2.A., 2.B., 2.C., 2.E., 2.F., 2.G., 2.H., 2.I., 2.J., 2.L., 2.M., 2.O., 2.P., 2.Q., 2.S., 2.T., 2.V., 2.W. and 2.Y. Moved by Mayor Pro Tem Pougnet, seconded by Councilmember Foat.
Vote to Approve Items 2.A., 2.B., 2.C., 2.E., 2.F., 2.G., 2.H., 2.I., 2.J., 2.L., 2.M., 2.O., 2.P., 2.Q., 2.S., 2.T., 2.V., 2.W. and 2.Y. (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 JULY 2007:
Staff Report Item 2.C.
2.E. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.E.
2.F. TREASURER'S INVESTMENT REPORT AS OF JUNE 30, 2007:
Staff Report Item 2.F.
2.G. CONSTRUCTION PROJECT OWNER'S REPRESENTATIVE - FISCAL YEAR 2007-08 PROJECT ASSIGNMENTS:
Staff Report Item 2.G.
2.H. TREASURER'S INVESTMENT REPORT AS OF JULY 31, 2007:
Staff Report Item 2.H.
2.I. REQUEST BY ERNEST G. NOIA FOR A ONE-YEAR TIME EXTENSION FROM OCTOBER 15, 2007, TO OCTOBER 14, 2008, FOR TENTATIVE TRACT MAP 31318 AND TENTATIVE PARCEL MAP 31351 FOR THE INDIAN OASIS DEVELOPMENT (ASSOCIATED CASE NO. 5.0870 PDD 268) AT THE SOUTHWEST CORNER OF EAST MESQUITE AVENUE AND CROSSLEY ROAD, ZONE PDD-268, SECTION 20:
Staff Report Item 2.I.
2.J. MILLS ACT AGREEMENT WITH BRIAN MCGUIRE, FOR "A WEXLER STEEL HOUSE" LOCATED AT 3125 NORTH SUNNYVIEW DRIVE:
Staff Report Item 2.J.
2.L. AWARD CONTRACT FOR THE AIRPORT HOLDROOMS A & B DEMOLITION PROJECT, CITY PROJECT 07-08, IFB 08-01:
Staff Report Item 2.L.
2.M. REPORT OF ESCALATOR REPAIRS AT THE PALM SPRINGS INTERNATIONAL AIRPORT PURSUANT TO PALM SPRINGS MUNICIPAL CODE SECTION 7.04.040:
Staff Report Item 2.M.
2.N. REQUEST BY FRANCIS LA BRANCHE FOR A ONE-YEAR TIME EXTENSION FROM JULY 21, 2007, TO JULY 20, 2008, FOR TENTATIVE TRACT MAP 31230 FOR THE UPTOWN VILLAGE DEVELOPMENT (ASSOCIATED CASE NO. 5.0999 PDD 296) LOCATED AT THE NORTHWEST CORNER OF ZANJERO ROAD AND VIA OLIVERA ROAD:
Staff Report Item 2.N.
2.O. AGREEMENT WITH TERRA NOVA PLANNING & RESEARCH, INC. FOR FOCUSED ENTITLEMENT AND PLANNING SERVICES FOR "THE TRAILS" PROJECT, A PLANNED DEVELOPMENT DISTRICT FOR A MIXED-USE RESIDENTIAL AND COMMERCIAL PROJECT LOCATED AT THE NORTHWEST CORNER OF SOUTH PALM CANYON DRIVE AND MESQUITE AVENUE, CASE 5.1165 PD 344:
Staff Report Item 2.O.
2.P. EXECUTIVE EMPLOYMENT AGREEMENT WITH FIRE CHIEF BLAKE GOETZ:
Staff Report Item 2.P.
2.Q. PURCHASE NOTEBOOK COMPUTERS FOR MOBILE DATA COMPUTING:
Staff Report Item 2.Q.
2.S. AMENDMENT NO. 2 TO AGREEMENT NO. A5119 WITH LSA ASSOCIATES, INC., FOR ADDITIONAL PROFESSIONAL SERVICES FOR THE COMPLETION OF A JOINT ENVIRONMENTAL IMPACT REPORT FOR THE BOULDERS PROJECT 5.0973 AND CRESCENDO PROJECT 5.0996 AND TTM 31766:
Staff Report Item 2.S.
2.T. APPROVAL OF AN UPDATED AGREEMENT WITH HARRELL & COMPANY FOR FINANCIAL CONSULTING SERVICES FOR A THREE-YEAR PERIOD:
Staff Report Item 2.T.
2.V. SUSPENSION OF CERTAIN REGULATORY ORDINANCES TO FACILITATE THE 2007 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE WEEKEND:
Staff Report Item 2.V.
2.W. AGREEMENT WITH ELLIS ENTERPRISES FOR WINDOW CLEANING SERVICES AT THE PALM SPRING INTERNATIONAL AIRPORT:
Staff Report Item 2.W.
2.X. FIFTH AMENDMENT TO LEASE AGREEMENT NOS. A2528, A2529, AND A2636 BETWEEN THE CITY OF PALM SPRINGS AND AP-PALM SPRINGS AIRPORT, LLC:
2.Y. ASSIGNMENT OF SHADOWROCK REAL ESTATE DEVELOPMENT, LLC INTEREST IN THE DEVELOPMENT AGREEMENT FOR THE SHADOWROCK PROJECT TO SHADOWROCK PALM SPRINGS DEVELOPMENT, LLC:
Staff Report Item 2.Y.
EXCLUDED CONSENT CALENDAR:
2.K. AMENDMENT NO. 1 TO AGREEMENT NO. A4159, LEASE AGREEMENT FOR CONCESSIONS, WITH THE PARADIES SHOPS, LLC:
Staff Report Item 2.K.
Councilmember Mills requested staff address who is to make the determination of architectural compatibility.
City Attorney Holland suggested Section 8.01 be amended to include: "The design and casework shall be architecturally compatible with the new concourse and its casework as determined by the Contract Officer."
Councilmember Foat commented on the design and requested staff address the construction time for the new kiosk.
Motion to 1) Approve Amendment No. 1 to Agreement No. A4159 with Paradies Shops, LLC to replace airport retail concession locations that are not utilized and/or available
amending Section 8.01 of the agreement
; and 2) Authorize the City Manager to execute all necessary documents. A4159. Moved by Councilmember Mills, seconded by Councilmember Foat.
Vote to 1) Approve Amendment No. 1 to Agreement No. A4159 with Paradies Shops, LLC to replace airport retail concession locations that are not utilized and/or available
amending Section 8.01 of the agreement
; and 2) Authorize the City Manager to execute all necessary documents. A4159. (Approved)
2.R. CASE NO. 5.1139/5.1140 A CHANGE OF ZONE FROM C-1 TO R-3 AND A CONDITIONAL USE PERMIT TO ALLOW AN ASSISTED LIVING CENTER / SUBSTANCE ABUSE RECOVERY CENTER AT 1404 NORTH PALM CANYON DRIVE, THE LAS PALMAS HOTEL:
Staff Report Item 2.R.
Motion to Free Form 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1719, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM C-1 TO R-3 FOR THE PROPERTY LOCATED AT 1404 NORTH PALM CANYON DRIVE;" and 3) Adopt Resolution No. 22032, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1139/5.1140, A CONDITIONAL USE PERMIT TO CONVERT THE LAS PALMAS HOTEL, LOCATED AT 1404 NORTH PALM CANYON DRIVE, TO AN ASSISTED LIVING CENTER / SUBSTANCE ABUSE RECOVERY CENTER."
Vote to 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1719, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM C-1 TO R-3 FOR THE PROPERTY LOCATED AT 1404 NORTH PALM CANYON DRIVE;" and 3) Adopt Resolution No. 22032, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1139/5.1140, A CONDITIONAL USE PERMIT TO CONVERT THE LAS PALMAS HOTEL, LOCATED AT 1404 NORTH PALM CANYON DRIVE, TO AN ASSISTED LIVING CENTER / SUBSTANCE ABUSE RECOVERY CENTER." (Approved)
2.U. FORMATION OF A MELLO-ROOS COMMUNITY FACILITIES DISTRICT 2007-1 FOR ALLOTTED LAND:
Staff Report Item 2.U.
Motion to Free Form 1) Accept the petition, and consent and waiver from the developer regarding the formation of the CFD; 2) Adopt Resolution No. 22033, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT 2007-1 (PUBLIC SAFETY SERVICES) TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES;" 3) Adopt Resolution No. 22034, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT 2007-1 (PUBLIC SAFETY SERVICES);" 4) Adopt Resolution No. 22035, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A COMMUNITY FACILITIES DISTRICT REPORT FOR THE PROPOSED COMMUNITY FACILITIES DISTRICT 2007-1 (PUBLIC SAFETY SERVICES);" and 5) Set a public hearing for 6:00 p.m., on October 17, 2007, for public testimony, for and against, and for the filing of written protest by a property owner regarding the establishment of the foregoing Community Facilities District, and the levy of a special tax for public safety services. (If there is no "majority protest," a special landowner election will be called for immediately thereafter.)
Vote to 1) Accept the petition, and consent and waiver from the developer regarding the formation of the CFD; 2) Adopt Resolution No. 22033, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT 2007-1 (PUBLIC SAFETY SERVICES) TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES;" 3) Adopt Resolution No. 22034, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT 2007-1 (PUBLIC SAFETY SERVICES);" 4) Adopt Resolution No. 22035, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A COMMUNITY FACILITIES DISTRICT REPORT FOR THE PROPOSED COMMUNITY FACILITIES DISTRICT 2007-1 (PUBLIC SAFETY SERVICES);" and 5) Set a public hearing for 6:00 p.m., on October 17, 2007, for public testimony, for and against, and for the filing of written protest by a property owner regarding the establishment of the foregoing Community Facilities District, and the levy of a special tax for public safety services. (If there is no "majority protest," a special landowner election will be called for immediately thereafter.) (Approved)
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE MODIFYING COMPENSATION FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL, ELIMINATING COMPENSATION PAID TO THE CITY COUNCIL FOR OTHER CITY GOVERNING BOARDS AND COMMISSIONS, AND ESTABLISHING A TWO-TIER SYSTEM FOR CITY COUNCIL RETIREE HEALTH BENEFIT:
Staff Report Item 3.A.
City Manager Ready provided background information as outlined in the staff report dated September 5, 2007.
Mayor Oden suggested that a Councilmember participate in the review and deliberations of the Compensation Committee, and commented on the duties in relation to other cities in the Coachella Valley.
Councilmember McCulloch commented on the commitment of the City Council, and his support of increasing the City Council compensation.
Councilmember Mills commented that the Mayor’s vehicle description should be changed to read "hybrid/alternative fuel," commented on volunteerism as compared to a salary, and suggested a review of the form of government.
Mayor Oden stated that in order to run for office you need to be retired or independently wealthy, and the suggested modifications may change that.
Councilmember Foat commented on the aspects and challenges of being a City Councilmember.
Motion to Free Form 1) Waive the reading of the ordinance text and re-introduce by title only; 2) Re-introduce on first reading Ordinance No. 1716, "AN ORDINANCE OF THE CITY OF PALM SPRINGS AMENDING SECTIONS 1.01.110, 2.04.020 AND 2.04.021 OF THE PALM SPRINGS MUNICIPAL CODE MODIFYING THE COMPENSATION FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL;" and 3) Adopt Resolution No. 22037 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING RESOLUTION NO. 21575, COMPENSATION FOR THE MEMBERS OF THE GOVERNING BOARDS OF THE COMMUNITY REDEVELOPMENT AGENCY, THE FINANCING AUTHORITY AND THE HOUSING AUTHORITY, AMENDING RESOLUTION NO. 21962 TO MODIFY THE CITY COUNCIL "RETIREE HEALTH" BENEFIT TO A TWO-TIER STRUCTURE."
Vote to 1) Waive the reading of the ordinance text and re-introduce by title only; 2) Re-introduce on first reading Ordinance No. 1716, "AN ORDINANCE OF THE CITY OF PALM SPRINGS AMENDING SECTIONS 1.01.110, 2.04.020 AND 2.04.021 OF THE PALM SPRINGS MUNICIPAL CODE MODIFYING THE COMPENSATION FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL;" and 3) Adopt Resolution No. 22037 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING RESOLUTION NO. 21575, COMPENSATION FOR THE MEMBERS OF THE GOVERNING BOARDS OF THE COMMUNITY REDEVELOPMENT AGENCY, THE FINANCING AUTHORITY AND THE HOUSING AUTHORITY, AMENDING RESOLUTION NO. 21962 TO MODIFY THE CITY COUNCIL "RETIREE HEALTH" BENEFIT TO A TWO-TIER STRUCTURE." (Approved)
4. UNFINISHED BUSINESS: None
5. NEW BUSINESS:
5.A. LIVMOR ESTATES TRAFFIC CALMING NEIGHBORHOOD REQUEST TO CLOSE LIVMOR AVENUE AT CIVIC DRIVE:
Staff Report Item 5.A.
David Barakian, City Engineer, provided background information as outlined in the staff report dated September 5, 2007.
Councilmember Foat requested staff address the placement of the sidewalk and the proposed landscape plan, and commented on other traffic calming requests.
Councilmember Mills commented on differences in the plans, and requested clarification of the proposed closure.
Mayor Pro Tem Pougnet commented on the conceptual plans and the process with the Office of Neighborhood Involvement.
Mayor Oden commented on the process and the impact to the neighborhood.
Motion to Approve the closure of Livmor Avenue at Civic Drive subject to an approved landscaping plan. Moved by Councilmember Foat, seconded by Mayor Pro Tem Pougnet.
Vote to Approve the closure of Livmor Avenue at Civic Drive subject to an approved landscaping plan. (Approved)
5.B. PROMOTION AGREEMENT WITH GREATER PALM SPRINGS PRIDE FOR 2007 FESTIVAL AND PARADE:
Staff Report Item 5.B.
Sharon Heider, Director of Parks and Recreation, provided background information as outlined in the staff report dated September 5, 2007.
Mayor Oden requested staff address the amount of funding included in the current operating budget.
Councilmember Foat commented on the collection of data to support the event, and recommended an increase in the amount of sponsorship.
Mayor Pro Tem Pougnet commented on the data and would recommend an increase to $17,500.
Motion to 1) Approve an agreement with Greater Palm Springs Pride Parade, event promotion for the 2007 Greater Palm Springs Pride Festival and Parade,
increasing the sponsorship level,
in an amount not-to-exceed $17,500; and 2) Authorize the City Manager to execute all necessary documents. A5551. Moved by Councilmember Foat, seconded by Mayor Pro Tem Pougnet.
Vote to 1) Approve an agreement with Greater Palm Springs Pride Parade, event promotion for the 2007 Greater Palm Springs Pride Festival and Parade,
increasing the sponsorship level,
in an amount not-to-exceed $17,500; and 2) Authorize the City Manager to execute all necessary documents. A5551. (Approved)
5.C. APPOINTMENT OF A TWO MEMBER CITY COUNCIL SUBCOMMITTEE FOR THE PALM SPRINGS ART MUSEUM:
Motion to Free Form Appoint Mayor Oden and Councilmember Mills to a City Council Subcommittee to address a comprehensive City funding policy and mechanism for the Palm Springs Art Museum.
Vote to Appoint Mayor Oden and Councilmember Mills to a City Council Subcommittee to address a comprehensive City funding policy and mechanism for the Palm Springs Art Museum. (Approved)
COUNCILMEMBER COMMENTS AND REPORTS:
Councilmember Foat provided an update on the CVAG Homeless Committee, and requested a comprehensive update of development projects.
Councilmember McCulloch commented on displaying signs during the public comment period.
Councilmember Mills requested staff contact Mr. Willie Holland and respond and report his concerns; and requested staff provide a report answering the following questions: does the development of Shadowrock require a hotel, what would be the City’s requirement for restoration for grading if the project is abandoned, is there a potential for an assessment for public safety services, does the project violate current zoning ordinances, are above ground sewer, water and utility lines allowed on the project, and a breakdown of the open space requirements of the project.
Mayor Pro Tem Pougnet requested a review of the abandoned/vacant building ordinance at an upcoming study session.
Mayor Oden outlined the activities and events attended by the Mayor's Office.
ADJOURNMENT:
Sep 05, 2007 City Council Meeting
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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 presented Norm Brown a Certificate of Appreciation, for his voluntary community service to the community.
City Manager Ready introduced the City Council Compensation Committee and thanked them for their service. The Committee briefly discussed the criteria they reviewed to formulate their recommendation.
Mary Jo Ginther, Bureau of Tourism, presented to the City Council the new on-line Visitors Guide.
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated staff requested Consent Calendar Items 2.N. and 2.X. be withdrawn from the Agenda.
Mayor Pro Tem Pougnet requested Item 2.R. be removed from the Consent Calendar.
Councilmember McCulloch noted his business related abstention on Item 2.E., Warrant No. 1022320, and requested Item 2.U. be removed from the Consent Calendar.
Councilmember Mills requested Item 2.K. be removed from the Consent Calendar, and noted his business related abstention on Item 2.E. Warrant No. 1022494.
Councilmember Foat requested Item 2.K. be removed from the Consent Calendar.
Mayor Oden requested Item 2.J. be removed from the Consent Calendar, and requested Public Hearing Item 1.E. be heard concurrently with Consent Calendar Item 2.D.
Motion to Free Form Accept the Agenda as amended.
Vote to Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. CASE NO. 5.1104 - LAURICH PROPERTIES - GENERAL PLAN AMENDMENT TO THE SECTION 14 SPECIFIC PLAN, TO ALLOW FINANCIAL INSTITUTIONS WITH DRIVE-THROUGH TELLER FACILITIES AND DRUG STORE / PHARMACIES WITH PRESCRIPTION PICK-UP WINDOWS BE PERMITTED IN THE RESORT/ATTRACTION (RA) ZONE:
Staff Report Item 1.A.
Motion to 1) Continue the public hearing to September 19, 2007, at the request of the applicant, without public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Moved by Mayor Pro Tem Pougnet, seconded by Councilmember Mills.
Vote to 1) Continue the public hearing to September 19, 2007, at the request of the applicant, without public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)
1.B. CASE HSPB NO. 58 - DESIGNATION OF THE PROPERTY AT 1000 NORTH PALM CANYON DRIVE "THE POTTER CLINIC" AS A CLASS 2 HISTORIC SITE:
Staff Report Item 1.B.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated September 5, 2007.
Councilmember Foat requested staff address the benefits of a Class 2 site.
Mayor Pro Tem Pougnet commented on the property and the current stay of demolition.
Mayor Oden opened the public hearing, and the following speaker addressed the City Council.
TONY MERCHELL, Desert Hot Springs, stated this building is an early example of the architect, and commented on the deterioration of buildings considered significant.
No further speakers coming forward, the public hearing was closed.
Motion to Free Form Adopt Resolution No. 22018, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING 1000 NORTH PALM CANYON DRIVE "THE POTTER CLINIC" A CLASS TWO HISTORIC SITE."
Vote to Adopt Resolution No. 22018, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING 1000 NORTH PALM CANYON DRIVE "THE POTTER CLINIC" A CLASS TWO HISTORIC SITE." (Approved)
1.C. CASE 5.1158, CONDITIONAL USE PERMIT APPLICATION BY MARK MATTHEWS OF WIEFELS AND SONS FOR THE OPERATION OF A PET CREMATORIUM LOCATED AT 4515 CAMINO PAROCELA:
Staff Report Item 1.C.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated September 5, 2007.
Mayor Oden opened the public hearing, and the following speakers addressed the City Council.
MIHAI VLAICU and FATHER LIVIU POPA, stated the crematorium is next to the Church requested the City Council consider the activities of the Church, and stated the location is not appropriate.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Pougnet requested staff address if a crematorium currently exists on the property.
Councilmember Foat requested staff address the permits on the Conditions of Approval, commented on the report stating "no emissions or heat" from the equipment.
Mayor Oden requested staff address if the same conditions are imposed on human cremation.
Mayor Pro Tem Pougnet commented on surrounding similar uses.
Councilmember Mills stated there is a need in the City for a business of this type, and commented on the reputation of the operator.
Motion to Free Form Adopt Resolution No. 22019, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1158 FOR A CONDITIONAL USE PERMIT FOR THE OPERATION OF A PET CREMATORIUM LOCATED AT 4515 CAMINO PAROCELA, ZONE M-1 (N), SECTION 19."
Vote to Adopt Resolution No. 22019, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1158 FOR A CONDITIONAL USE PERMIT FOR THE OPERATION OF A PET CREMATORIUM LOCATED AT 4515 CAMINO PAROCELA, ZONE M-1 (N), SECTION 19." (Approved)
Councilmember Mills stated he has a business related conflict of interest with respect to Item 1.D., would not participate in the discussion or the vote, and left Council Chamber.
1.D. APPROVAL OF ALL OR PART OF THE COSTS OF THE ACQUISITION OF SUBLEASEHOLD INTEREST WITHIN MERGED REDEVELOPMENT PROJECT AREA NO. 2 BENEFITING MERGED REDEVELOPMENT PROJECT AREA NO. 1:
Staff Report Item 1.D.
John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated September 5, 2007.
Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.
Mayor Pro Tem Pougnet requested staff address the financing of "all" or "part" of the acquisition.
Motion to Free Form Adopt Resolution No. 22020, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 RELATING TO PAYMENT OF ALL OR PART OF THE COSTS OF ACQUISITION OF SUBLEASEHOLD INTEREST WITHIN MERGED REDEVELOPMENT PROJECT AREA NO. 2, BENEFITING MERGED REDEVELOPMENT PROJECT AREA NO. 1."
Vote to Adopt Resolution No. 22020, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 RELATING TO PAYMENT OF ALL OR PART OF THE COSTS OF ACQUISITION OF SUBLEASEHOLD INTEREST WITHIN MERGED REDEVELOPMENT PROJECT AREA NO. 2, BENEFITING MERGED REDEVELOPMENT PROJECT AREA NO. 1." (Approved)
Councilmember Mills returned to the dais.
The City Council heard Items 1.E. and 2.D. concurrently.
1.E. ESTABLISHING AN ALTERNATE PARK FEE REQUIREMENT FOR RESIDENTIAL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT:
Staff Report Item 1.E.
City Manager Ready provided background information as outlined in the staff report dated September 5, 2007.
Mayor Oden opened the public hearing, and the following speaker addressed the City Council.
JOY MEREDITH, Palm Springs, spoke in support of the reduction of Quimby Fees in the Downtown area.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills requested staff address the rationale for the fees.
Councilmember Foat requested staff address if the fee addressed "park like" space within the development.
Mayor Oden commented on the impact and benefits to developers in the Downtown area.
Motion to Free Form Adopt Resolution No. 22021, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING PARK FEES IN LIEU OF DEDICATION FOR RESIDENTIAL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT AND AMENDING CITY COUNCIL RESOLUTION NO. 21952, THE COMPREHENSIVE FEE SCHEDULE."
Vote to Adopt Resolution No. 22021, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING PARK FEES IN LIEU OF DEDICATION FOR RESIDENTIAL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT AND AMENDING CITY COUNCIL RESOLUTION NO. 21952, THE COMPREHENSIVE FEE SCHEDULE." (Approved)
2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1718, ADDING SUBSECTION G TO SECTION II AND SUBSECTION G TO SECTION VI OF ORDINANCE NO. 1632 OF THE CITY OF PALM SPRINGS, RELATING TO PARK FEES FOR RESIDENTIAL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT:
Staff Report Item 2.D.
Motion to Waive further reading and adopt Ordinance No. 1718, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SUBSECTION G TO SECTION II AND SUBSECTION G TO SECTION VI OF ORDINANCE NO. 1632 OF THE CITY OF PALM SPRINGS, RELATING TO PARK FEES FOR RESIDENTIAL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT." Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to Waive further reading and adopt Ordinance No. 1718, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SUBSECTION G TO SECTION II AND SUBSECTION G TO SECTION VI OF ORDINANCE NO. 1632 OF THE CITY OF PALM SPRINGS, RELATING TO PARK FEES FOR RESIDENTIAL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT." (Approved)
1.F. APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING CASE 5.0931 PD 279, AN AMENDMENT FOR FINAL DEVELOPMENT PLANS TO ALLOW A REDUCED FRONT YARD SET BACK FOR THE 12 REMAINING VACANT LOTS LOCATED WITHIN THE MOUNTAIN GATE DEVELOPMENT AT 900 GATEWAY DRIVE:
Staff Report Item 1.F.
Motion to 1) Continue the public hearing to September 19, 2007, at the request of the applicant, without public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Moved by Mayor Pro Tem Pougnet, seconded by Councilmember Mills.
Vote to 1) Continue the public hearing to September 19, 2007, at the request of the applicant, without public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)
PUBLIC COMMENT:
JACK SCHLOEDER, Palm Springs Pride, requested the City Council increase the sponsorship to the Palm Springs Pride event.
BARBARA MARSHALL, Palm Springs, stated her support for the closure of Livmor Avenue at Civic Drive.
ERNIE ETHERIDGE, stated his support for the closure of Livmor Avenue at Civic Drive.
WILLIE HOLLAND SR., commented on problems in the Desert Highland Gateway neighborhood.
JONO HILDNER, Palm Springs, commented on the mass grading allowed under the Shadowrock Development Agreement, and on Measure "C" for the November 6, 2007, election.
ERIKA ECHEY, commented on the Commendation presented to Norman Brown.
JOY MEREDITH, Palm Springs, spoke in support of an increase in City Council compensation.
COUNCILMEMBER COMMENTS AND REQUESTS:
The City Council recessed at 7:39 P.M.
The City Council reconvened at 7:49 P.M.
CITY MANAGER’S REPORT:
The City Council recessed at 7:55 P.M. and convened as the Community Redevelopment Agency.
RA1. APPROVE AN AGREEMENT WITH THE FAIR HOUSING COUNCIL OF RIVERSIDE COUNTY, INC., IN THE AMOUNT OF $27,757 FOR FAIR HOUSING SERVICES:
Staff Report Item RA1.
Mayor Oden requested a future Study Session on the accomplishments and program objectives of the program with the Fair Housing Council of Riverside County, Inc.
Motion to Free Form 1) Approve an agreement with the Fair Housing Council of Riverside County, Inc., in the amount of $27,757 for fair housing services through education, training/technical assistance and enforcement; and 2) Authorize the City Manager to execute all necessary documents. A0522C.
Vote to 1) Approve an agreement with the Fair Housing Council of Riverside County, Inc., in the amount of $27,757 for fair housing services through education, training/technical assistance and enforcement; and 2) Authorize the City Manager to execute all necessary documents. A0522C. (Approved)
RA2. APPROVAL OF MINUTES:
Staff Report Item RA2.
Motion to Free Form Approve the Community Redevelopment Agency Minutes of July 25, 2007.
Vote to Approve the Community Redevelopment Agency Minutes of July 25, 2007. (Approved)
The Community Redevelopment Agency adjourned at 8:01 P.M. and the City Council reconvened.
2. CONSENT CALENDAR:
Motion to Approve Items 2.A., 2.B., 2.C., 2.E., 2.F., 2.G., 2.H., 2.I., 2.J., 2.L., 2.M., 2.O., 2.P., 2.Q., 2.S., 2.T., 2.V., 2.W. and 2.Y. Moved by Mayor Pro Tem Pougnet, seconded by Councilmember Foat.
Vote to Approve Items 2.A., 2.B., 2.C., 2.E., 2.F., 2.G., 2.H., 2.I., 2.J., 2.L., 2.M., 2.O., 2.P., 2.Q., 2.S., 2.T., 2.V., 2.W. and 2.Y. (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 JULY 2007:
Staff Report Item 2.C.
2.E. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.E.
2.F. TREASURER'S INVESTMENT REPORT AS OF JUNE 30, 2007:
Staff Report Item 2.F.
2.G. CONSTRUCTION PROJECT OWNER'S REPRESENTATIVE - FISCAL YEAR 2007-08 PROJECT ASSIGNMENTS:
Staff Report Item 2.G.
2.H. TREASURER'S INVESTMENT REPORT AS OF JULY 31, 2007:
Staff Report Item 2.H.
2.I. REQUEST BY ERNEST G. NOIA FOR A ONE-YEAR TIME EXTENSION FROM OCTOBER 15, 2007, TO OCTOBER 14, 2008, FOR TENTATIVE TRACT MAP 31318 AND TENTATIVE PARCEL MAP 31351 FOR THE INDIAN OASIS DEVELOPMENT (ASSOCIATED CASE NO. 5.0870 PDD 268) AT THE SOUTHWEST CORNER OF EAST MESQUITE AVENUE AND CROSSLEY ROAD, ZONE PDD-268, SECTION 20:
Staff Report Item 2.I.
2.J. MILLS ACT AGREEMENT WITH BRIAN MCGUIRE, FOR "A WEXLER STEEL HOUSE" LOCATED AT 3125 NORTH SUNNYVIEW DRIVE:
Staff Report Item 2.J.
2.L. AWARD CONTRACT FOR THE AIRPORT HOLDROOMS A & B DEMOLITION PROJECT, CITY PROJECT 07-08, IFB 08-01:
Staff Report Item 2.L.
2.M. REPORT OF ESCALATOR REPAIRS AT THE PALM SPRINGS INTERNATIONAL AIRPORT PURSUANT TO PALM SPRINGS MUNICIPAL CODE SECTION 7.04.040:
Staff Report Item 2.M.
2.N. REQUEST BY FRANCIS LA BRANCHE FOR A ONE-YEAR TIME EXTENSION FROM JULY 21, 2007, TO JULY 20, 2008, FOR TENTATIVE TRACT MAP 31230 FOR THE UPTOWN VILLAGE DEVELOPMENT (ASSOCIATED CASE NO. 5.0999 PDD 296) LOCATED AT THE NORTHWEST CORNER OF ZANJERO ROAD AND VIA OLIVERA ROAD:
Staff Report Item 2.N.
2.O. AGREEMENT WITH TERRA NOVA PLANNING & RESEARCH, INC. FOR FOCUSED ENTITLEMENT AND PLANNING SERVICES FOR "THE TRAILS" PROJECT, A PLANNED DEVELOPMENT DISTRICT FOR A MIXED-USE RESIDENTIAL AND COMMERCIAL PROJECT LOCATED AT THE NORTHWEST CORNER OF SOUTH PALM CANYON DRIVE AND MESQUITE AVENUE, CASE 5.1165 PD 344:
Staff Report Item 2.O.
2.P. EXECUTIVE EMPLOYMENT AGREEMENT WITH FIRE CHIEF BLAKE GOETZ:
Staff Report Item 2.P.
2.Q. PURCHASE NOTEBOOK COMPUTERS FOR MOBILE DATA COMPUTING:
Staff Report Item 2.Q.
2.S. AMENDMENT NO. 2 TO AGREEMENT NO. A5119 WITH LSA ASSOCIATES, INC., FOR ADDITIONAL PROFESSIONAL SERVICES FOR THE COMPLETION OF A JOINT ENVIRONMENTAL IMPACT REPORT FOR THE BOULDERS PROJECT 5.0973 AND CRESCENDO PROJECT 5.0996 AND TTM 31766:
Staff Report Item 2.S.
2.T. APPROVAL OF AN UPDATED AGREEMENT WITH HARRELL & COMPANY FOR FINANCIAL CONSULTING SERVICES FOR A THREE-YEAR PERIOD:
Staff Report Item 2.T.
2.V. SUSPENSION OF CERTAIN REGULATORY ORDINANCES TO FACILITATE THE 2007 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE WEEKEND:
Staff Report Item 2.V.
2.W. AGREEMENT WITH ELLIS ENTERPRISES FOR WINDOW CLEANING SERVICES AT THE PALM SPRING INTERNATIONAL AIRPORT:
Staff Report Item 2.W.
2.X. FIFTH AMENDMENT TO LEASE AGREEMENT NOS. A2528, A2529, AND A2636 BETWEEN THE CITY OF PALM SPRINGS AND AP-PALM SPRINGS AIRPORT, LLC:
2.Y. ASSIGNMENT OF SHADOWROCK REAL ESTATE DEVELOPMENT, LLC INTEREST IN THE DEVELOPMENT AGREEMENT FOR THE SHADOWROCK PROJECT TO SHADOWROCK PALM SPRINGS DEVELOPMENT, LLC:
Staff Report Item 2.Y.
EXCLUDED CONSENT CALENDAR:
2.K. AMENDMENT NO. 1 TO AGREEMENT NO. A4159, LEASE AGREEMENT FOR CONCESSIONS, WITH THE PARADIES SHOPS, LLC:
Staff Report Item 2.K.
Councilmember Mills requested staff address who is to make the determination of architectural compatibility.
City Attorney Holland suggested Section 8.01 be amended to include: "The design and casework shall be architecturally compatible with the new concourse and its casework as determined by the Contract Officer."
Councilmember Foat commented on the design and requested staff address the construction time for the new kiosk.
Motion to 1) Approve Amendment No. 1 to Agreement No. A4159 with Paradies Shops, LLC to replace airport retail concession locations that are not utilized and/or available
amending Section 8.01 of the agreement
; and 2) Authorize the City Manager to execute all necessary documents. A4159. Moved by Councilmember Mills, seconded by Councilmember Foat.
Vote to 1) Approve Amendment No. 1 to Agreement No. A4159 with Paradies Shops, LLC to replace airport retail concession locations that are not utilized and/or available
amending Section 8.01 of the agreement
; and 2) Authorize the City Manager to execute all necessary documents. A4159. (Approved)
2.R. CASE NO. 5.1139/5.1140 A CHANGE OF ZONE FROM C-1 TO R-3 AND A CONDITIONAL USE PERMIT TO ALLOW AN ASSISTED LIVING CENTER / SUBSTANCE ABUSE RECOVERY CENTER AT 1404 NORTH PALM CANYON DRIVE, THE LAS PALMAS HOTEL:
Staff Report Item 2.R.
Motion to Free Form 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1719, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM C-1 TO R-3 FOR THE PROPERTY LOCATED AT 1404 NORTH PALM CANYON DRIVE;" and 3) Adopt Resolution No. 22032, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1139/5.1140, A CONDITIONAL USE PERMIT TO CONVERT THE LAS PALMAS HOTEL, LOCATED AT 1404 NORTH PALM CANYON DRIVE, TO AN ASSISTED LIVING CENTER / SUBSTANCE ABUSE RECOVERY CENTER."
Vote to 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1719, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM C-1 TO R-3 FOR THE PROPERTY LOCATED AT 1404 NORTH PALM CANYON DRIVE;" and 3) Adopt Resolution No. 22032, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1139/5.1140, A CONDITIONAL USE PERMIT TO CONVERT THE LAS PALMAS HOTEL, LOCATED AT 1404 NORTH PALM CANYON DRIVE, TO AN ASSISTED LIVING CENTER / SUBSTANCE ABUSE RECOVERY CENTER." (Approved)
2.U. FORMATION OF A MELLO-ROOS COMMUNITY FACILITIES DISTRICT 2007-1 FOR ALLOTTED LAND:
Staff Report Item 2.U.
Motion to Free Form 1) Accept the petition, and consent and waiver from the developer regarding the formation of the CFD; 2) Adopt Resolution No. 22033, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT 2007-1 (PUBLIC SAFETY SERVICES) TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES;" 3) Adopt Resolution No. 22034, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT 2007-1 (PUBLIC SAFETY SERVICES);" 4) Adopt Resolution No. 22035, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A COMMUNITY FACILITIES DISTRICT REPORT FOR THE PROPOSED COMMUNITY FACILITIES DISTRICT 2007-1 (PUBLIC SAFETY SERVICES);" and 5) Set a public hearing for 6:00 p.m., on October 17, 2007, for public testimony, for and against, and for the filing of written protest by a property owner regarding the establishment of the foregoing Community Facilities District, and the levy of a special tax for public safety services. (If there is no "majority protest," a special landowner election will be called for immediately thereafter.)
Vote to 1) Accept the petition, and consent and waiver from the developer regarding the formation of the CFD; 2) Adopt Resolution No. 22033, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT 2007-1 (PUBLIC SAFETY SERVICES) TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES;" 3) Adopt Resolution No. 22034, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT 2007-1 (PUBLIC SAFETY SERVICES);" 4) Adopt Resolution No. 22035, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A COMMUNITY FACILITIES DISTRICT REPORT FOR THE PROPOSED COMMUNITY FACILITIES DISTRICT 2007-1 (PUBLIC SAFETY SERVICES);" and 5) Set a public hearing for 6:00 p.m., on October 17, 2007, for public testimony, for and against, and for the filing of written protest by a property owner regarding the establishment of the foregoing Community Facilities District, and the levy of a special tax for public safety services. (If there is no "majority protest," a special landowner election will be called for immediately thereafter.) (Approved)
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE MODIFYING COMPENSATION FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL, ELIMINATING COMPENSATION PAID TO THE CITY COUNCIL FOR OTHER CITY GOVERNING BOARDS AND COMMISSIONS, AND ESTABLISHING A TWO-TIER SYSTEM FOR CITY COUNCIL RETIREE HEALTH BENEFIT:
Staff Report Item 3.A.
City Manager Ready provided background information as outlined in the staff report dated September 5, 2007.
Mayor Oden suggested that a Councilmember participate in the review and deliberations of the Compensation Committee, and commented on the duties in relation to other cities in the Coachella Valley.
Councilmember McCulloch commented on the commitment of the City Council, and his support of increasing the City Council compensation.
Councilmember Mills commented that the Mayor’s vehicle description should be changed to read "hybrid/alternative fuel," commented on volunteerism as compared to a salary, and suggested a review of the form of government.
Mayor Oden stated that in order to run for office you need to be retired or independently wealthy, and the suggested modifications may change that.
Councilmember Foat commented on the aspects and challenges of being a City Councilmember.
Motion to Free Form 1) Waive the reading of the ordinance text and re-introduce by title only; 2) Re-introduce on first reading Ordinance No. 1716, "AN ORDINANCE OF THE CITY OF PALM SPRINGS AMENDING SECTIONS 1.01.110, 2.04.020 AND 2.04.021 OF THE PALM SPRINGS MUNICIPAL CODE MODIFYING THE COMPENSATION FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL;" and 3) Adopt Resolution No. 22037 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING RESOLUTION NO. 21575, COMPENSATION FOR THE MEMBERS OF THE GOVERNING BOARDS OF THE COMMUNITY REDEVELOPMENT AGENCY, THE FINANCING AUTHORITY AND THE HOUSING AUTHORITY, AMENDING RESOLUTION NO. 21962 TO MODIFY THE CITY COUNCIL "RETIREE HEALTH" BENEFIT TO A TWO-TIER STRUCTURE."
Vote to 1) Waive the reading of the ordinance text and re-introduce by title only; 2) Re-introduce on first reading Ordinance No. 1716, "AN ORDINANCE OF THE CITY OF PALM SPRINGS AMENDING SECTIONS 1.01.110, 2.04.020 AND 2.04.021 OF THE PALM SPRINGS MUNICIPAL CODE MODIFYING THE COMPENSATION FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL;" and 3) Adopt Resolution No. 22037 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING RESOLUTION NO. 21575, COMPENSATION FOR THE MEMBERS OF THE GOVERNING BOARDS OF THE COMMUNITY REDEVELOPMENT AGENCY, THE FINANCING AUTHORITY AND THE HOUSING AUTHORITY, AMENDING RESOLUTION NO. 21962 TO MODIFY THE CITY COUNCIL "RETIREE HEALTH" BENEFIT TO A TWO-TIER STRUCTURE." (Approved)
4. UNFINISHED BUSINESS: None
5. NEW BUSINESS:
5.A. LIVMOR ESTATES TRAFFIC CALMING NEIGHBORHOOD REQUEST TO CLOSE LIVMOR AVENUE AT CIVIC DRIVE:
Staff Report Item 5.A.
David Barakian, City Engineer, provided background information as outlined in the staff report dated September 5, 2007.
Councilmember Foat requested staff address the placement of the sidewalk and the proposed landscape plan, and commented on other traffic calming requests.
Councilmember Mills commented on differences in the plans, and requested clarification of the proposed closure.
Mayor Pro Tem Pougnet commented on the conceptual plans and the process with the Office of Neighborhood Involvement.
Mayor Oden commented on the process and the impact to the neighborhood.
Motion to Approve the closure of Livmor Avenue at Civic Drive subject to an approved landscaping plan. Moved by Councilmember Foat, seconded by Mayor Pro Tem Pougnet.
Vote to Approve the closure of Livmor Avenue at Civic Drive subject to an approved landscaping plan. (Approved)
5.B. PROMOTION AGREEMENT WITH GREATER PALM SPRINGS PRIDE FOR 2007 FESTIVAL AND PARADE:
Staff Report Item 5.B.
Sharon Heider, Director of Parks and Recreation, provided background information as outlined in the staff report dated September 5, 2007.
Mayor Oden requested staff address the amount of funding included in the current operating budget.
Councilmember Foat commented on the collection of data to support the event, and recommended an increase in the amount of sponsorship.
Mayor Pro Tem Pougnet commented on the data and would recommend an increase to $17,500.
Motion to 1) Approve an agreement with Greater Palm Springs Pride Parade, event promotion for the 2007 Greater Palm Springs Pride Festival and Parade,
increasing the sponsorship level,
in an amount not-to-exceed $17,500; and 2) Authorize the City Manager to execute all necessary documents. A5551. Moved by Councilmember Foat, seconded by Mayor Pro Tem Pougnet.
Vote to 1) Approve an agreement with Greater Palm Springs Pride Parade, event promotion for the 2007 Greater Palm Springs Pride Festival and Parade,
increasing the sponsorship level,
in an amount not-to-exceed $17,500; and 2) Authorize the City Manager to execute all necessary documents. A5551. (Approved)
5.C. APPOINTMENT OF A TWO MEMBER CITY COUNCIL SUBCOMMITTEE FOR THE PALM SPRINGS ART MUSEUM:
Motion to Free Form Appoint Mayor Oden and Councilmember Mills to a City Council Subcommittee to address a comprehensive City funding policy and mechanism for the Palm Springs Art Museum.
Vote to Appoint Mayor Oden and Councilmember Mills to a City Council Subcommittee to address a comprehensive City funding policy and mechanism for the Palm Springs Art Museum. (Approved)
COUNCILMEMBER COMMENTS AND REPORTS:
Councilmember Foat provided an update on the CVAG Homeless Committee, and requested a comprehensive update of development projects.
Councilmember McCulloch commented on displaying signs during the public comment period.
Councilmember Mills requested staff contact Mr. Willie Holland and respond and report his concerns; and requested staff provide a report answering the following questions: does the development of Shadowrock require a hotel, what would be the City’s requirement for restoration for grading if the project is abandoned, is there a potential for an assessment for public safety services, does the project violate current zoning ordinances, are above ground sewer, water and utility lines allowed on the project, and a breakdown of the open space requirements of the project.
Mayor Pro Tem Pougnet requested a review of the abandoned/vacant building ordinance at an upcoming study session.
Mayor Oden outlined the activities and events attended by the Mayor's Office.
ADJOURNMENT:
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