Video index
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
Mayor Pougnet requested a moment of silence in memory of Earl Greenberg, and requested the City Council adjourn in his memory.
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Mayor Pougnet requested the City Council hear Public Comments and the Consent Calendar prior to Public Hearings.
City Clerk Thompson stated staff is requesting that Item 4.B. be continued to February 13, 2008.
Mayor Pro Tem Foat requested Item 2.O. and Item 2.G. be removed from the Consent Calendar for separate discussion, and noted a property ownership conflict of interest with respect to Item 4.B., and noted her abstention from the vote to table the Item.
Motion to Accept the Agenda as amended, noting the abstention of Mayor Pro Tem Foat with respect to Item 4.B. [Spanish Inn]. Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to Accept the Agenda as amended, noting the abstention of Mayor Pro Tem Foat with respect to Item 4.B. [Spanish Inn]. (Approved)
The City Council took Public Comment and Consent Calendar Items out of order, and heard them prior to Public Hearings.
PUBLIC COMMENT:
CINDY BERARDI, Palm Springs, commented on Item 4.A., and requested the City Council approve the vacation of Alejo Road.
BARBARA MARSHALL, Palm Springs, commented on Item 4.C., and requested the City Council approve the closure of Livmore Avenue.
CHARLES SACHS, Palm Springs, commented on the removal of trees in his condominium complex, and requested the City require a permit to remove trees.
2. CONSENT CALENDAR:
Motion to Free Form Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.H., 2.I., 2.J., 2.K., 2.L., 2.M., and 2.N.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.H., 2.I., 2.J., 2.K., 2.L., 2.M., and 2.N. (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. FINAL MAP 32378 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH BSF DEVELOPMENT, LLC, FOR A 1-LOT TRACT MAP FOR CONDOMINIUM PURPOSES, LOCATED AT 500 E. PALM CANYON DRIVE:
Staff Report Item 2.D.
2.E. AMENDMENT NO. 12 TO AGREEMENT NO. A4487, WITH VSA AIRPORTS, INC., FOR AIRPORT ENGINEERING SERVICES, IN THE AMOUNT OF $17,250:
Staff Report Item 2.E.
2.F. MODIFICATIONS TO THE CITY COUNCIL SUBCOMMITTEE APPOINTMENTS FOR THE CONVENTION CENTER MANAGEMENT AGREEMENT SUBCOMMITTEE, SPECIAL EVENTS SUBCOMMITTEE, AND WYNDHAM HOTEL SUBCOMMITTEE:
Staff Report Item 2.F.
2.H. TREASURER'S INVESTMENT REPORT AS OF DECEMBER 31, 2007:
Staff Report Item 2.H.
2.I. UNIFORM RENTAL AND CLEANING SERVICES FOR VARIOUS DEPARTMENTS:
Staff Report Item 2.I.
2.J. AIRPORT RENTAL CAR READY/RETURN LOT EXPANSION PROJECT, CITY PROJECT 2007-23:
Staff Report Item 2.J.
2.K. AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2007-08 PARKS AND RECREATION DEPARTMENT:
Staff Report Item 2.K.
2.L. AMENDMENT NO. 1 TO AGREEMENT NO. A5610, A CLIENT SERVICE AGREEMENT, WITH SELECT STAFFING FOR TEMPORARY CLERICAL SERVICES:
Staff Report Item 2.L.
2.M. AIRPORT CONTRIBUTION TO THE PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION AND VISITORS AUTHORITY AIR SERVICE DEVELOPMENT CAMPAIGN:
Staff Report Item 2.M.
2.N. DIGESTER GAS TREATMENT SYSTEM DESIGN NOTICE TO PROCEED TO VEOLIA WATER NORTH AMERICA-WEST, LLC:
Staff Report Item 2.N.
EXCLUDED CONSENT CALENDAR:
2.G. REINSTATE THE THREE-HOUR TIME LIMITS AT THE PLAZA MERCADO PARKING LOT:
Staff Report Item 2.G.
Mayor Pro Tem Foat requested staff address the prior time limit on the lot.
Motion to Adopt Resolution No. 22148, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REINSTATING THREE-HOUR TIME LIMITS IN THE PLAZA MERCADO PARKING LOT." Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to Adopt Resolution No. 22148, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REINSTATING THREE-HOUR TIME LIMITS IN THE PLAZA MERCADO PARKING LOT." (Approved)
2.O. UNITED STATES CONFERENCE OF MAYORS' CLIMATE PROTECTION AGREEMENT:
Staff Report Item 2.O.
Mayor Pro Tem Foat requested Mayor Pougnet provide background information on the U.S. Mayors’ Climate Protection Agreement, and requested staff address the preparations to implement AB32.
Motion to 1) Adopt Resolution No. 22151, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ENDORSING THE UNITED STATES CONFERENCE OF MAYORS’ CLIMATE PROTECTION AGREEMENT AND DIRECTING THE CITY’S RESOURCE CONSERVATION COMMISSION TO RECOMMEND POLICIES, PROCEDURES, AND TARGET GOALS THAT THE CITY MIGHT IMPLEMENT TO REDUCE ENERGY CONSUMPTION, REDUCE EMISSIONS THAT ADVERSELY AFFECT AIR QUALITY, AND PROMOTE WATER CONSERVATION." Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to 1) Adopt Resolution No. 22151, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ENDORSING THE UNITED STATES CONFERENCE OF MAYORS’ CLIMATE PROTECTION AGREEMENT AND DIRECTING THE CITY’S RESOURCE CONSERVATION COMMISSION TO RECOMMEND POLICIES, PROCEDURES, AND TARGET GOALS THAT THE CITY MIGHT IMPLEMENT TO REDUCE ENERGY CONSUMPTION, REDUCE EMISSIONS THAT ADVERSELY AFFECT AIR QUALITY, AND PROMOTE WATER CONSERVATION." (Approved)
Mayor Pougnet presented David Danos a Certificate of Commendation for his participation in bringing forward the Climate Protection Agreement.
1. PUBLIC HEARINGS:
1.A. PROPOSED ORDINANCES ADOPTING AND AMENDING THE 2007 CALIFORNIA BUILDING STANDARDS CODE AND ADOPTING AND AMENDING THE 2007 CALIFORNIA FIRE CODE:
Staff Report Item 1.A.
Fire Chief Goetz provided background information as outlined in the staff report dated February 6, 2008.
Mayor Pougnet opened the public hearing, and the following speaker addressed the City Council.
FRED BELL, Building Industry Association, stated there is no sprinkler requirement in the Riverside County Code, and requested the City Council continue the public hearing.
No further speakers coming forward the public hearing was closed.
The City Council discussed and/or commented on the requirements for sprinkler on residential structures and the triggers for sprinkler with respect to remodel, the differences between the cities and the County of Riverside, regulation of mobile homes, and subterranean parking requirements.
Motion to Free Form 1) Continue the public hearing to Wednesday, February 13, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing.
Vote to 1) Continue the public hearing to Wednesday, February 13, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)
1.B. CASE NO. 5.1171, APPLICATION BY FOUNDATIONS ENTERPRISE GROUP, LLC, FOR PLANNED DEVELOPMENT DISTRICT 351 AND TENTATIVE TRACT MAP 35544, TO CREATE A ONE LOT CONDOMINIUM MAP FOR THE CONVERSION OF 13 EXISTING APARTMENT UNITS TO 12 CONDOMINIUM UNITS, LOCATED AT 588 SAN LORENZO ROAD:
Staff Report Item 1.B.
Motion to 1) Continue the Public Hearing to a date uncertain; and 2) Direct the City Clerk to re-notice. Moved by Councilmember Mills, seconded by Councilmember Weigel.
Vote to 1) Continue the Public Hearing to a date uncertain; and 2) Direct the City Clerk to re-notice. (Approved)
1.C. CASE NO. 5.1159, APPLICATION BY OLIVERA TOWNHOMES, LLC, FOR PLANNED DEVELOPMENT DISTRICT 340 AND TENTATIVE TRACT MAP 34729, FOR A FIVE UNIT DETACHED CONDOMINIUM PROJECT AND CONDOMINIUM MAP ON 0.53 ACRES LOCATED AT THE SOUTHWEST CORNER OF VIA OLIVERA AND ZANJERO WAY:
Staff Report Item 1.C.
Nicole Criste, Contract Planner, provided background information as outlined in the staff report dated February 6, 2008.
Mayor Pro Tem Foat requested staff address a previous application by the Developer.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Councilmember Mills requested staff address guest parking vs. the number of bedrooms, expressed concerns on the required parking being allowed as street parking, requested staff clarify that the approval at this hearing is only for the site plan and massing, which does not include architectural approval.
Mayor Pro Tem Foat requested staff address if a wall is included between the units, side setbacks, building separations, and the process of public benefit with respect to PDD’s.
Councilmember Hutcheson requested the City Manager place on an upcoming agenda a discussion of public benefits for PDDs.
Councilmember Mills commented on the walls, recommended the site be fully landscaped, suggested that no additional garden walls parallel to the structures be permitted, and that the landscape plan deal with the entire site prior to occupancy.
Councilmember Weigel requested staff address Condition No. 11, stated that Dust Control is not working, recommended a Condition that provides for graded property which is not built be required to be replanted, and requested a future discussion on public benefit requirements for PDD’s.
The City Council discussed vacant land with respect to dust control and fencing and requested staff place these Items on a future study session agenda.
Councilmember Hutcheson requested the City Engineer address the Dust Control Plan and requested staff place on a future agenda a discussion of dust control.
Mayor Pro Tem Foat stated without the walls the buildings are only 10-feet apart.
Motion to Adopt Resolution No. 22140, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1159 INCLUDING PLANNED DEVELOPMENT DISTRICT 340 AND TENTATIVE TRACT MAP 34729, A FIVE UNIT DETACHED CONDOMINIUM PROJECT AND CONDOMINIUM MAP ON 0.53 ACRES LOCATED AT THE SOUTHWEST CORNER OF VIA OLIVERA AND ZANJERO WAY,"
amending Condition No. 22 to provide that the architecture and landscape be submitted to the AAC for review, amending Condition No. 23 to provide for no parallel walls, and the walls as they appear on the landscape plan are those that are approved, amending Condition No. 11 to provide restoration with desert hydro-seed or stabilizer if construction does not commence within one-month, and a condition that the entire site be landscaped prior to occupancy.
Moved by Councilmember Mills, seconded by Councilmember Weigel.
Vote to Adopt Resolution No. 22140, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1159 INCLUDING PLANNED DEVELOPMENT DISTRICT 340 AND TENTATIVE TRACT MAP 34729, A FIVE UNIT DETACHED CONDOMINIUM PROJECT AND CONDOMINIUM MAP ON 0.53 ACRES LOCATED AT THE SOUTHWEST CORNER OF VIA OLIVERA AND ZANJERO WAY,"
amending Condition No. 22 to provide that the architecture and landscape be submitted to the AAC for review, amending Condition No. 23 to provide for no parallel walls, and the walls as they appear on the landscape plan are those that are approved, amending Condition No. 11 to provide restoration with desert hydro-seed or stabilizer if construction does not commence within one-month, and a condition that the entire site be landscaped prior to occupancy.
(Approved)
The City Council recessed at 8:02 p.m.
The City Council reconvened at 8:09 p.m.
1.D. CASE NO. HSPB NO. 56, APPLICATION TO DESIGNATE THE PROPERTY KNOWN AS "INVERNADA" LOCATED AT 657 VIA MIRALESTE A CLASS ONE HISTORIC SITE:
Staff Report Item 1.D.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated February 6, 2008.
Councilmember Hutcheson requested staff address a condition for the removal of the current solar panels and air conditioning.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing is closed.
Councilmember Mills requested staff address the condition for the removal and future installation of other conveniences, and requested staff address the aluminum porch.
Motion to Adopt Resolution No. 22141, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE PROPERTY KNOWN AS "INVERNADA" LOCATED AT 657 VIA MIRALESTE A CLASS ONE HISTORIC SITE," amending Condition No. 2 to read
"All future exterior modifications including but not limited to buildings, fountain, signage and entry gate, shall require a Certificate of Approval by the Historic Site Preservation Board pursuant to Municipal Code Section 8.05.180."
Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to Adopt Resolution No. 22141, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE PROPERTY KNOWN AS "INVERNADA" LOCATED AT 657 VIA MIRALESTE A CLASS ONE HISTORIC SITE," amending Condition No. 2 to read
"All future exterior modifications including but not limited to buildings, fountain, signage and entry gate, shall require a Certificate of Approval by the Historic Site Preservation Board pursuant to Municipal Code Section 8.05.180."
(Approved)
1.E. CASE NO. 5.1135, APPLICATION BY RAINBOWVISION PALM SPRINGS, LLC, FOR PLANNED DEVELOPMENT DISTRICT 334 AND TENTATIVE TRACT MAP 35623, FOR THE CONSTRUCTION OF 184 CONDOMINIUM UNITS AND ONE COMMERCIAL STRUCTURE ON AN APPROXIMATE 13.28 ACRE PARCEL AT THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND MATTHEW DRIVE:
Staff Report Item 1.E.
Chris Brown, Contract Planner, provided background information as outlined in the staff report dated February 6, 2008.
Mayor Pougnet requested staff address the actual height of the building as being 35 or 45 feet.
Councilmember Hutcheson commented on the lack of clarity on the height of the building and discrepancies in the staff report, and requested a Condition of Approval with respect to the condition of the lot during construction.
Director Ewing recommended the City Council continue the public hearing to provide staff the opportunity to correct and clarify the information in the staff report.
Mayor Pougnet opened the public hearing and the following speakers addressed the City Council.
SUSAN BOSKOVICH, Palm Springs, commented on the letter presented at the public hearing and requested the City Council address the height, and stated the views were not considered of any properties to the South.
JOE PLAN, Palm Springs, stated his objection to the height and expressed concerns with increased traffic due to this development and the other approved projects.
CHARLES MILLER, Palm Springs, stated his objection to the height and increased traffic.
GARY BOSKOVICH, stated his opposition to the height of the project, and thanked the Planning Department.
No further speakers coming forward, the public hearing was closed.
Motion to 1) Continue the public hearing to Wednesday, February 20, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to 1) Continue the public hearing to Wednesday, February 20, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)
1.F. CASE NO. 5.1162-GPA, APPLICATION BY PALM MOUNTAIN RESORT, LP, FOR A GENERAL PLAN AMENDMENT AND PLANNED DEVELOPMENT DISTRICT 342, FOR THE REDEVELOPMENT OF THE EXISTING PALM MOUNTAIN RESORT AND SPA ON 2.77 ACRES LOCATED AT 155 SOUTH BELARDO ROAD:
Staff Report Item 1.F.
Craig Ewing, Director of Planning Services, reported that the City received a request from the Applicant today to continue the public Hearing to February 20, 2008.
Motion to Free Form 1) Continue the Public Hearing to Wednesday, February 20, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing.
Vote to 1) Continue the Public Hearing to Wednesday, February 20, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)
PUBLIC COMMENT NOT HEARD AT THE BEGINNING OF THE MEETING:
COUNCILMEMBER COMMENTS:
CITY MANAGER’S REPORT:
The Community Redevelopment Agency convened at 8:34 p.m. with the City Council.
2. CONSENT CALENDAR:
Motion to Free Form Approve Items RA1., RA2., and RA3.
Vote to Approve Items RA1., RA2., and RA3. (Approved)
RA1. APPROVAL OF MINUTES:
Staff Report Item RA1.
RA2. AMENDMENT NO. 2 TO SUBLEASE AGREEMENT NO. A0399C, WITH VIP MOTOR CARS, INC., TO RESET THE TRIGGER DATE TO JANUARY 1, 2007:
Staff Report Item RA2.
RA3. TRANSFER OF THE VILLAGE GREEN, SUNRISE PARK, THE PALM SPRINGS VISITORS CENTER AND A SUBLEASE INTEREST IN THE DOWNTOWN PARKING STRUCTURE FROM THE CITY OF PALM SPRINGS TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS:
Staff Report Item RA3.
The Community Redevelopment Agency adjourned at 8:36 p.m., and the City Council continued.
3. LEGISLATIVE:
4. UNFINISHED BUSINESS:
4.A. SUMMARY VACATION OF A PORTION OF ALEJO ROAD IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R-07-51:
Staff Report Item 4.A.
David Barakian, City Engineer, provided background information as outlined in the staff report dated February 6, 2008.
The City Council discussed and/or commented on the following with respect to the vacation: future need to widen Alejo with new development, and transitions to the intersection near the vacation.
Motion to Adopt Resolution No. 22154, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTERESTS TO A PORTION OF ALEJO ROAD, SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-07-51." Moved by Councilmember Mills, seconded by Mayor Pougnet.
Vote to Adopt Resolution No. 22154, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTERESTS TO A PORTION OF ALEJO ROAD, SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-07-51." (Approved)
4.B. FINAL MAP 31104 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH SPANISH INN, INC., FOR A 1 LOT TRACT MAP FOR CONDOMINIUM PURPOSES LOCATED AT 640 N. INDIAN CANYON DRIVE:
Staff Report Item 4.B.
ACTION:
Tabled to February 13, 2008.
[Under Acceptance of the Agenda, noting the abstention of Mayor Pro Tem Foat].
4.C. LIVMOR ESTATES TRAFFIC CALMING NEIGHBORHOOD REQUEST TO CLOSE LIVMOR AVENUE AT CIVIC DRIVE AND APPROVAL OF CONCEPTUAL LANDSCAPING PLANS:
Staff Report Item 4.C.
David Barakian, City Engineer, provided background information as outlined in the staff report dated February 6, 2008.
The City Council discussed and/or commented on the following with respect to the Livmor Avenue project: temporary landscaping, water conservation, ongoing maintenance, and clarified the action.
Motion to Free Form 1) Direct staff to close Livmor Avenue at Civic Drive pursuant to the closure and landscaping plans; 2) Approve the conceptual landscaping plan for the west side of Civic Drive from Tahquitz Canyon Way to Livmor Avenue; and 3) Direct staff to explore funding opportunities for the landscaping in the Fiscal Year 2008-09 Budget.
Vote to 1) Direct staff to close Livmor Avenue at Civic Drive pursuant to the closure and landscaping plans; 2) Approve the conceptual landscaping plan for the west side of Civic Drive from Tahquitz Canyon Way to Livmor Avenue; and 3) Direct staff to explore funding opportunities for the landscaping in the Fiscal Year 2008-09 Budget. (Approved)
5. NEW BUSINESS:
5.A. REQUEST FROM THE DESERT CLASSIC CONCOURS D'ELEGANCE FOR WAIVER OF FEES FOR TAHQUITZ CREEK GOLF COURSE GREEN FEES:
Staff Report Item 5.A.
City Manager Ready provided background information as outlined in the staff report dated February 6, 2008.
Mayor Pro Tem Foat stated her support of the event, and recommended the City offer Classic Club vouchers and waive the fees for golf.
Councilmember Mills stated his support of the event, and the waiver of fees and/or provide Bob Hope Classic vouchers.
Motion to 1) Waive the Green Fees at the Tahquitz Creek Golf Course [member responsible for the first $20.00] for O’Donnell Golf Club members who wish to play on Saturday; and 2) City to provide Bob Hope Classic passes to O’Donnell Golf Club members who wish to play Sunday through Thursday during the Desert Classic Concours d’Elegance, limited to either the reduced fees or the passes, but not both. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to 1) Waive the Green Fees at the Tahquitz Creek Golf Course [member responsible for the first $20.00] for O’Donnell Golf Club members who wish to play on Saturday; and 2) City to provide Bob Hope Classic passes to O’Donnell Golf Club members who wish to play Sunday through Thursday during the Desert Classic Concours d’Elegance, limited to either the reduced fees or the passes, but not both. (Approved)
COUNCILMEMBER COMMENTS:
Councilmember Mills commented on the removal of landscaping in the City, and suggested the City inform Condominium Associations of the requirements.
Councilmember Weigel commented on Measures pertaining to the February 5, 2008, Primary Election.
Mayor Pougnet announced the upcoming activities for Black History Month, commented on the activities and events of the Mayors office, and announced the upcoming
State of the City Address
.
ADJOURNMENT:
Feb 06, 2008 City Council Meeting
Full agenda
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
Mayor Pougnet requested a moment of silence in memory of Earl Greenberg, and requested the City Council adjourn in his memory.
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Mayor Pougnet requested the City Council hear Public Comments and the Consent Calendar prior to Public Hearings.
City Clerk Thompson stated staff is requesting that Item 4.B. be continued to February 13, 2008.
Mayor Pro Tem Foat requested Item 2.O. and Item 2.G. be removed from the Consent Calendar for separate discussion, and noted a property ownership conflict of interest with respect to Item 4.B., and noted her abstention from the vote to table the Item.
Motion to Accept the Agenda as amended, noting the abstention of Mayor Pro Tem Foat with respect to Item 4.B. [Spanish Inn]. Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to Accept the Agenda as amended, noting the abstention of Mayor Pro Tem Foat with respect to Item 4.B. [Spanish Inn]. (Approved)
The City Council took Public Comment and Consent Calendar Items out of order, and heard them prior to Public Hearings.
PUBLIC COMMENT:
CINDY BERARDI, Palm Springs, commented on Item 4.A., and requested the City Council approve the vacation of Alejo Road.
BARBARA MARSHALL, Palm Springs, commented on Item 4.C., and requested the City Council approve the closure of Livmore Avenue.
CHARLES SACHS, Palm Springs, commented on the removal of trees in his condominium complex, and requested the City require a permit to remove trees.
2. CONSENT CALENDAR:
Motion to Free Form Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.H., 2.I., 2.J., 2.K., 2.L., 2.M., and 2.N.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.H., 2.I., 2.J., 2.K., 2.L., 2.M., and 2.N. (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. FINAL MAP 32378 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH BSF DEVELOPMENT, LLC, FOR A 1-LOT TRACT MAP FOR CONDOMINIUM PURPOSES, LOCATED AT 500 E. PALM CANYON DRIVE:
Staff Report Item 2.D.
2.E. AMENDMENT NO. 12 TO AGREEMENT NO. A4487, WITH VSA AIRPORTS, INC., FOR AIRPORT ENGINEERING SERVICES, IN THE AMOUNT OF $17,250:
Staff Report Item 2.E.
2.F. MODIFICATIONS TO THE CITY COUNCIL SUBCOMMITTEE APPOINTMENTS FOR THE CONVENTION CENTER MANAGEMENT AGREEMENT SUBCOMMITTEE, SPECIAL EVENTS SUBCOMMITTEE, AND WYNDHAM HOTEL SUBCOMMITTEE:
Staff Report Item 2.F.
2.H. TREASURER'S INVESTMENT REPORT AS OF DECEMBER 31, 2007:
Staff Report Item 2.H.
2.I. UNIFORM RENTAL AND CLEANING SERVICES FOR VARIOUS DEPARTMENTS:
Staff Report Item 2.I.
2.J. AIRPORT RENTAL CAR READY/RETURN LOT EXPANSION PROJECT, CITY PROJECT 2007-23:
Staff Report Item 2.J.
2.K. AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2007-08 PARKS AND RECREATION DEPARTMENT:
Staff Report Item 2.K.
2.L. AMENDMENT NO. 1 TO AGREEMENT NO. A5610, A CLIENT SERVICE AGREEMENT, WITH SELECT STAFFING FOR TEMPORARY CLERICAL SERVICES:
Staff Report Item 2.L.
2.M. AIRPORT CONTRIBUTION TO THE PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION AND VISITORS AUTHORITY AIR SERVICE DEVELOPMENT CAMPAIGN:
Staff Report Item 2.M.
2.N. DIGESTER GAS TREATMENT SYSTEM DESIGN NOTICE TO PROCEED TO VEOLIA WATER NORTH AMERICA-WEST, LLC:
Staff Report Item 2.N.
EXCLUDED CONSENT CALENDAR:
2.G. REINSTATE THE THREE-HOUR TIME LIMITS AT THE PLAZA MERCADO PARKING LOT:
Staff Report Item 2.G.
Mayor Pro Tem Foat requested staff address the prior time limit on the lot.
Motion to Adopt Resolution No. 22148, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REINSTATING THREE-HOUR TIME LIMITS IN THE PLAZA MERCADO PARKING LOT." Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to Adopt Resolution No. 22148, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REINSTATING THREE-HOUR TIME LIMITS IN THE PLAZA MERCADO PARKING LOT." (Approved)
2.O. UNITED STATES CONFERENCE OF MAYORS' CLIMATE PROTECTION AGREEMENT:
Staff Report Item 2.O.
Mayor Pro Tem Foat requested Mayor Pougnet provide background information on the U.S. Mayors’ Climate Protection Agreement, and requested staff address the preparations to implement AB32.
Motion to 1) Adopt Resolution No. 22151, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ENDORSING THE UNITED STATES CONFERENCE OF MAYORS’ CLIMATE PROTECTION AGREEMENT AND DIRECTING THE CITY’S RESOURCE CONSERVATION COMMISSION TO RECOMMEND POLICIES, PROCEDURES, AND TARGET GOALS THAT THE CITY MIGHT IMPLEMENT TO REDUCE ENERGY CONSUMPTION, REDUCE EMISSIONS THAT ADVERSELY AFFECT AIR QUALITY, AND PROMOTE WATER CONSERVATION." Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to 1) Adopt Resolution No. 22151, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ENDORSING THE UNITED STATES CONFERENCE OF MAYORS’ CLIMATE PROTECTION AGREEMENT AND DIRECTING THE CITY’S RESOURCE CONSERVATION COMMISSION TO RECOMMEND POLICIES, PROCEDURES, AND TARGET GOALS THAT THE CITY MIGHT IMPLEMENT TO REDUCE ENERGY CONSUMPTION, REDUCE EMISSIONS THAT ADVERSELY AFFECT AIR QUALITY, AND PROMOTE WATER CONSERVATION." (Approved)
Mayor Pougnet presented David Danos a Certificate of Commendation for his participation in bringing forward the Climate Protection Agreement.
1. PUBLIC HEARINGS:
1.A. PROPOSED ORDINANCES ADOPTING AND AMENDING THE 2007 CALIFORNIA BUILDING STANDARDS CODE AND ADOPTING AND AMENDING THE 2007 CALIFORNIA FIRE CODE:
Staff Report Item 1.A.
Fire Chief Goetz provided background information as outlined in the staff report dated February 6, 2008.
Mayor Pougnet opened the public hearing, and the following speaker addressed the City Council.
FRED BELL, Building Industry Association, stated there is no sprinkler requirement in the Riverside County Code, and requested the City Council continue the public hearing.
No further speakers coming forward the public hearing was closed.
The City Council discussed and/or commented on the requirements for sprinkler on residential structures and the triggers for sprinkler with respect to remodel, the differences between the cities and the County of Riverside, regulation of mobile homes, and subterranean parking requirements.
Motion to Free Form 1) Continue the public hearing to Wednesday, February 13, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing.
Vote to 1) Continue the public hearing to Wednesday, February 13, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)
1.B. CASE NO. 5.1171, APPLICATION BY FOUNDATIONS ENTERPRISE GROUP, LLC, FOR PLANNED DEVELOPMENT DISTRICT 351 AND TENTATIVE TRACT MAP 35544, TO CREATE A ONE LOT CONDOMINIUM MAP FOR THE CONVERSION OF 13 EXISTING APARTMENT UNITS TO 12 CONDOMINIUM UNITS, LOCATED AT 588 SAN LORENZO ROAD:
Staff Report Item 1.B.
Motion to 1) Continue the Public Hearing to a date uncertain; and 2) Direct the City Clerk to re-notice. Moved by Councilmember Mills, seconded by Councilmember Weigel.
Vote to 1) Continue the Public Hearing to a date uncertain; and 2) Direct the City Clerk to re-notice. (Approved)
1.C. CASE NO. 5.1159, APPLICATION BY OLIVERA TOWNHOMES, LLC, FOR PLANNED DEVELOPMENT DISTRICT 340 AND TENTATIVE TRACT MAP 34729, FOR A FIVE UNIT DETACHED CONDOMINIUM PROJECT AND CONDOMINIUM MAP ON 0.53 ACRES LOCATED AT THE SOUTHWEST CORNER OF VIA OLIVERA AND ZANJERO WAY:
Staff Report Item 1.C.
Nicole Criste, Contract Planner, provided background information as outlined in the staff report dated February 6, 2008.
Mayor Pro Tem Foat requested staff address a previous application by the Developer.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Councilmember Mills requested staff address guest parking vs. the number of bedrooms, expressed concerns on the required parking being allowed as street parking, requested staff clarify that the approval at this hearing is only for the site plan and massing, which does not include architectural approval.
Mayor Pro Tem Foat requested staff address if a wall is included between the units, side setbacks, building separations, and the process of public benefit with respect to PDD’s.
Councilmember Hutcheson requested the City Manager place on an upcoming agenda a discussion of public benefits for PDDs.
Councilmember Mills commented on the walls, recommended the site be fully landscaped, suggested that no additional garden walls parallel to the structures be permitted, and that the landscape plan deal with the entire site prior to occupancy.
Councilmember Weigel requested staff address Condition No. 11, stated that Dust Control is not working, recommended a Condition that provides for graded property which is not built be required to be replanted, and requested a future discussion on public benefit requirements for PDD’s.
The City Council discussed vacant land with respect to dust control and fencing and requested staff place these Items on a future study session agenda.
Councilmember Hutcheson requested the City Engineer address the Dust Control Plan and requested staff place on a future agenda a discussion of dust control.
Mayor Pro Tem Foat stated without the walls the buildings are only 10-feet apart.
Motion to Adopt Resolution No. 22140, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1159 INCLUDING PLANNED DEVELOPMENT DISTRICT 340 AND TENTATIVE TRACT MAP 34729, A FIVE UNIT DETACHED CONDOMINIUM PROJECT AND CONDOMINIUM MAP ON 0.53 ACRES LOCATED AT THE SOUTHWEST CORNER OF VIA OLIVERA AND ZANJERO WAY,"
amending Condition No. 22 to provide that the architecture and landscape be submitted to the AAC for review, amending Condition No. 23 to provide for no parallel walls, and the walls as they appear on the landscape plan are those that are approved, amending Condition No. 11 to provide restoration with desert hydro-seed or stabilizer if construction does not commence within one-month, and a condition that the entire site be landscaped prior to occupancy.
Moved by Councilmember Mills, seconded by Councilmember Weigel.
Vote to Adopt Resolution No. 22140, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1159 INCLUDING PLANNED DEVELOPMENT DISTRICT 340 AND TENTATIVE TRACT MAP 34729, A FIVE UNIT DETACHED CONDOMINIUM PROJECT AND CONDOMINIUM MAP ON 0.53 ACRES LOCATED AT THE SOUTHWEST CORNER OF VIA OLIVERA AND ZANJERO WAY,"
amending Condition No. 22 to provide that the architecture and landscape be submitted to the AAC for review, amending Condition No. 23 to provide for no parallel walls, and the walls as they appear on the landscape plan are those that are approved, amending Condition No. 11 to provide restoration with desert hydro-seed or stabilizer if construction does not commence within one-month, and a condition that the entire site be landscaped prior to occupancy.
(Approved)
The City Council recessed at 8:02 p.m.
The City Council reconvened at 8:09 p.m.
1.D. CASE NO. HSPB NO. 56, APPLICATION TO DESIGNATE THE PROPERTY KNOWN AS "INVERNADA" LOCATED AT 657 VIA MIRALESTE A CLASS ONE HISTORIC SITE:
Staff Report Item 1.D.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated February 6, 2008.
Councilmember Hutcheson requested staff address a condition for the removal of the current solar panels and air conditioning.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing is closed.
Councilmember Mills requested staff address the condition for the removal and future installation of other conveniences, and requested staff address the aluminum porch.
Motion to Adopt Resolution No. 22141, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE PROPERTY KNOWN AS "INVERNADA" LOCATED AT 657 VIA MIRALESTE A CLASS ONE HISTORIC SITE," amending Condition No. 2 to read
"All future exterior modifications including but not limited to buildings, fountain, signage and entry gate, shall require a Certificate of Approval by the Historic Site Preservation Board pursuant to Municipal Code Section 8.05.180."
Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to Adopt Resolution No. 22141, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE PROPERTY KNOWN AS "INVERNADA" LOCATED AT 657 VIA MIRALESTE A CLASS ONE HISTORIC SITE," amending Condition No. 2 to read
"All future exterior modifications including but not limited to buildings, fountain, signage and entry gate, shall require a Certificate of Approval by the Historic Site Preservation Board pursuant to Municipal Code Section 8.05.180."
(Approved)
1.E. CASE NO. 5.1135, APPLICATION BY RAINBOWVISION PALM SPRINGS, LLC, FOR PLANNED DEVELOPMENT DISTRICT 334 AND TENTATIVE TRACT MAP 35623, FOR THE CONSTRUCTION OF 184 CONDOMINIUM UNITS AND ONE COMMERCIAL STRUCTURE ON AN APPROXIMATE 13.28 ACRE PARCEL AT THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND MATTHEW DRIVE:
Staff Report Item 1.E.
Chris Brown, Contract Planner, provided background information as outlined in the staff report dated February 6, 2008.
Mayor Pougnet requested staff address the actual height of the building as being 35 or 45 feet.
Councilmember Hutcheson commented on the lack of clarity on the height of the building and discrepancies in the staff report, and requested a Condition of Approval with respect to the condition of the lot during construction.
Director Ewing recommended the City Council continue the public hearing to provide staff the opportunity to correct and clarify the information in the staff report.
Mayor Pougnet opened the public hearing and the following speakers addressed the City Council.
SUSAN BOSKOVICH, Palm Springs, commented on the letter presented at the public hearing and requested the City Council address the height, and stated the views were not considered of any properties to the South.
JOE PLAN, Palm Springs, stated his objection to the height and expressed concerns with increased traffic due to this development and the other approved projects.
CHARLES MILLER, Palm Springs, stated his objection to the height and increased traffic.
GARY BOSKOVICH, stated his opposition to the height of the project, and thanked the Planning Department.
No further speakers coming forward, the public hearing was closed.
Motion to 1) Continue the public hearing to Wednesday, February 20, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to 1) Continue the public hearing to Wednesday, February 20, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)
1.F. CASE NO. 5.1162-GPA, APPLICATION BY PALM MOUNTAIN RESORT, LP, FOR A GENERAL PLAN AMENDMENT AND PLANNED DEVELOPMENT DISTRICT 342, FOR THE REDEVELOPMENT OF THE EXISTING PALM MOUNTAIN RESORT AND SPA ON 2.77 ACRES LOCATED AT 155 SOUTH BELARDO ROAD:
Staff Report Item 1.F.
Craig Ewing, Director of Planning Services, reported that the City received a request from the Applicant today to continue the public Hearing to February 20, 2008.
Motion to Free Form 1) Continue the Public Hearing to Wednesday, February 20, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing.
Vote to 1) Continue the Public Hearing to Wednesday, February 20, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)
PUBLIC COMMENT NOT HEARD AT THE BEGINNING OF THE MEETING:
COUNCILMEMBER COMMENTS:
CITY MANAGER’S REPORT:
The Community Redevelopment Agency convened at 8:34 p.m. with the City Council.
2. CONSENT CALENDAR:
Motion to Free Form Approve Items RA1., RA2., and RA3.
Vote to Approve Items RA1., RA2., and RA3. (Approved)
RA1. APPROVAL OF MINUTES:
Staff Report Item RA1.
RA2. AMENDMENT NO. 2 TO SUBLEASE AGREEMENT NO. A0399C, WITH VIP MOTOR CARS, INC., TO RESET THE TRIGGER DATE TO JANUARY 1, 2007:
Staff Report Item RA2.
RA3. TRANSFER OF THE VILLAGE GREEN, SUNRISE PARK, THE PALM SPRINGS VISITORS CENTER AND A SUBLEASE INTEREST IN THE DOWNTOWN PARKING STRUCTURE FROM THE CITY OF PALM SPRINGS TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS:
Staff Report Item RA3.
The Community Redevelopment Agency adjourned at 8:36 p.m., and the City Council continued.
3. LEGISLATIVE:
4. UNFINISHED BUSINESS:
4.A. SUMMARY VACATION OF A PORTION OF ALEJO ROAD IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R-07-51:
Staff Report Item 4.A.
David Barakian, City Engineer, provided background information as outlined in the staff report dated February 6, 2008.
The City Council discussed and/or commented on the following with respect to the vacation: future need to widen Alejo with new development, and transitions to the intersection near the vacation.
Motion to Adopt Resolution No. 22154, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTERESTS TO A PORTION OF ALEJO ROAD, SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-07-51." Moved by Councilmember Mills, seconded by Mayor Pougnet.
Vote to Adopt Resolution No. 22154, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTERESTS TO A PORTION OF ALEJO ROAD, SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-07-51." (Approved)
4.B. FINAL MAP 31104 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH SPANISH INN, INC., FOR A 1 LOT TRACT MAP FOR CONDOMINIUM PURPOSES LOCATED AT 640 N. INDIAN CANYON DRIVE:
Staff Report Item 4.B.
ACTION:
Tabled to February 13, 2008.
[Under Acceptance of the Agenda, noting the abstention of Mayor Pro Tem Foat].
4.C. LIVMOR ESTATES TRAFFIC CALMING NEIGHBORHOOD REQUEST TO CLOSE LIVMOR AVENUE AT CIVIC DRIVE AND APPROVAL OF CONCEPTUAL LANDSCAPING PLANS:
Staff Report Item 4.C.
David Barakian, City Engineer, provided background information as outlined in the staff report dated February 6, 2008.
The City Council discussed and/or commented on the following with respect to the Livmor Avenue project: temporary landscaping, water conservation, ongoing maintenance, and clarified the action.
Motion to Free Form 1) Direct staff to close Livmor Avenue at Civic Drive pursuant to the closure and landscaping plans; 2) Approve the conceptual landscaping plan for the west side of Civic Drive from Tahquitz Canyon Way to Livmor Avenue; and 3) Direct staff to explore funding opportunities for the landscaping in the Fiscal Year 2008-09 Budget.
Vote to 1) Direct staff to close Livmor Avenue at Civic Drive pursuant to the closure and landscaping plans; 2) Approve the conceptual landscaping plan for the west side of Civic Drive from Tahquitz Canyon Way to Livmor Avenue; and 3) Direct staff to explore funding opportunities for the landscaping in the Fiscal Year 2008-09 Budget. (Approved)
5. NEW BUSINESS:
5.A. REQUEST FROM THE DESERT CLASSIC CONCOURS D'ELEGANCE FOR WAIVER OF FEES FOR TAHQUITZ CREEK GOLF COURSE GREEN FEES:
Staff Report Item 5.A.
City Manager Ready provided background information as outlined in the staff report dated February 6, 2008.
Mayor Pro Tem Foat stated her support of the event, and recommended the City offer Classic Club vouchers and waive the fees for golf.
Councilmember Mills stated his support of the event, and the waiver of fees and/or provide Bob Hope Classic vouchers.
Motion to 1) Waive the Green Fees at the Tahquitz Creek Golf Course [member responsible for the first $20.00] for O’Donnell Golf Club members who wish to play on Saturday; and 2) City to provide Bob Hope Classic passes to O’Donnell Golf Club members who wish to play Sunday through Thursday during the Desert Classic Concours d’Elegance, limited to either the reduced fees or the passes, but not both. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to 1) Waive the Green Fees at the Tahquitz Creek Golf Course [member responsible for the first $20.00] for O’Donnell Golf Club members who wish to play on Saturday; and 2) City to provide Bob Hope Classic passes to O’Donnell Golf Club members who wish to play Sunday through Thursday during the Desert Classic Concours d’Elegance, limited to either the reduced fees or the passes, but not both. (Approved)
COUNCILMEMBER COMMENTS:
Councilmember Mills commented on the removal of landscaping in the City, and suggested the City inform Condominium Associations of the requirements.
Councilmember Weigel commented on Measures pertaining to the February 5, 2008, Primary Election.
Mayor Pougnet announced the upcoming activities for Black History Month, commented on the activities and events of the Mayors office, and announced the upcoming
State of the City Address
.
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