Video index
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
Police Chief David Dominguez Administered the Oath of Office to Police Officers Nicholas Barth and Matthew Crampton.
City Manager Ready reported on the Federal Aviation Administration inspection and subsequent certification of the Palm Springs International Airport, the Office of Neighborhood Involvement retreat, Historic Marker Dedications, and a recent fundraiser for the Palm Springs Animal Shelter.
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Mayor Pougnet requested the City Council take Public Comment and Item 3.B. out of order, to be heard prior to Public Hearings.
Motion to Free Form Accept the Agenda as amended.
Vote to Accept the Agenda as amended. (Approved)
The City Council took Public Comment and Public Hearings out of order.
PUBLIC COMMENT:
STEVE SIMS, commented on bicycling opportunities in the City and SB1358.
WENDIE BUSIG-KOHN, Palm Springs, provided an update on the activities of the Desert Philanthropic Association.
HAROLD MATZNER, Trustee, Palm Springs Art Museum, provided an update of the activities and the condition of the Palm Springs Art Museum.
STEVE NASH, Palm Springs Art Museum, commented on Item 3.B., and requested the City Council provide for funding for the Museum from the Public Arts Fund.
3.B. PROPOSED ORDINANCE RELATING TO PERMISSIBLE EXPENDITURES OF THE PUBLIC ARTS FUND:
Staff Report Item 3.B.
City Manager Ready provided background information as outlined in the staff report dated February 20, 2008.
Mayor Pro Tem Foat congratulated the Palm Springs Art Museum for its programs and activities, and commented on the activities of the Public Arts Commission.
Councilmember Weigel stated his support for the Museum and funding from the Public Arts Fund.
Councilmember Mills provided historical background on the City's funding to the Palm Springs Art Museum.
Motion to 1) Waive reading of the ordinance text and introduce by title only; and 2) Introduce on first reading Ordinance No. 1738, "AN ORDINANCE OF THE PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS (C) AND (D) OF SECTION 3.37.040 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO PERMISSIBLE EXPENDITURES OF THE PUBLIC ARTS FUND." Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to 1) Waive reading of the ordinance text and introduce by title only; and 2) Introduce on first reading Ordinance No. 1738, "AN ORDINANCE OF THE PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS (C) AND (D) OF SECTION 3.37.040 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO PERMISSIBLE EXPENDITURES OF THE PUBLIC ARTS FUND." (Approved)
1. PUBLIC HEARINGS:
1.A. TENTATIVE PARCEL MAP 35817 APPLICATION BY FRANK DE LELYS TO SUBDIVIDE ONE LOT INTO TWO LOTS, AT THE WEST SIDE OF NORTH VIA MIRALESTE BETWEEN THE PALMS STREET AND MIRALESTE COURT:
Staff Report Item 1.A.
David Newell, Assistant Planner, provided background information as outlined in the staff report dated February 20, 2008.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to Free Form Adopt Resolution No. 22162, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 35817 TO SUBDIVIDE APPROXIMATELY 0.59 ACRES INTO TWO PARCELS LOCATED ALONG VIA MIRALESTE BETWEEN MIRALESTE COURT AND THE PALMS STREET."
Vote to Adopt Resolution No. 22162, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 35817 TO SUBDIVIDE APPROXIMATELY 0.59 ACRES INTO TWO PARCELS LOCATED ALONG VIA MIRALESTE BETWEEN MIRALESTE COURT AND THE PALMS STREET." (Approved)
1.B. CONDITIONAL USE PERMIT 6.492 APPLICATION BY SPRINT NEXTEL, TO INSTALL A 44 FOOT TALL COMMERCIAL COMMUNICATION ANTENNA DESIGNED AS A MONOPALM WITH EQUIPMENT CABINETS AND A VARIANCE TO EXCEED THE 15 FEET ANTENNA HEIGHT MAXIMUM LOCATED AT 505 EAST INDUSTRIAL PLACE, CASE 5.1080-6.492 VAR:
Staff Report Item 1.B.
David Newell, Assistant Planner, provided background information as outlined in the staff report dated February 20, 2008.
Mayor Pro Tem Foat requested staff address the differences between a monopalm and monopole.
Councilmember Mills suggested improvements to the parking lot, the current landscaping, and improvements to the existing facilities that are substandard.
Mayor Pougnet opened the public hearing, and the following speaker addressed the City Council.
TOM HANNA, Representing Sprint, stated he was available to answer any questions.
No further speakers coming forward, the public hearing was closed.
The City Council discussed notice to the neighborhood, continuing the public hearing to address landscaping improvement to the property and noticing to the neighborhood organization.
Motion to Free Form 1) Continue the public hearing to March 5, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing.
Vote to 1) Continue the public hearing to March 5, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)
The City Council discussed and/or commented on noticing to the Neighborhood Organizations.
1.C. 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, CASE NO. 5.1162-GPA:
Staff Report Item 1.C.
Lyn Calerdine, Contract Planner, provided background information as outlined in the staff report dated February 20, 2008.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
TIM ELLIS, Applicant, provide background information on the Hotel renovation project, and the impact to the surrounding area.
RAYMOND LOVATO, spoke in support of the Palm Mountain Resort project.
MARK FARLEY, spoke in support of the Palm Mountain Resort project.
JEFF BECKELMAN, spoke in support of the Palm Mountain Resort, and the continued need for reinvestment in hotels and tourism projects.
MARIAH HANSON, spoke in support of the Palm Mountain Resort project.
ROB RICHARDSON, spoke in support of the Palm Mountain Resort project.
FRED GRAND, deferred his comments to Tim Ellis.
JIM DOWLER, spoke in support of the Palm Mountain Resort project.
JOHN CHAISSON, stated the project increases the number of beds and foot traffic in the Downtown area, and spoke in support of the project.
ANGELICA ROMERO, read letters of support of the Palm Mountain Resort project.
MYNOKDA TOMLINSON, read letters of support of the Palm Mountain Resort project.
STEVE SIMS, stated the project should conform with the requirements of the General Plan.
TONY BRUGGEMANS, spoke in support of the Palm Mountain Resort renovation project.
JONATHAN HEATH, spoke in support of the Palm Mountain Resort renovation project.
JULIUS KAZEN, spoke in support of the Palm Mountain Resort project.
JOHN PIVINSKI, commented on the economic impact to the City and Downtown, and spoke in support of the Palm Mountain Resort project.
MARY JO GINTHER, spoke in support of the operator and in support of the Palm Mountain Resort project.
CRAIG BLAU, spoke in support of the operator and in support of the Palm Mountain Resort project, but requested the City Council address the parking shortage.
ED TORRES, read a letter of support of the Palm Mountain Resort renovation project.
MAGGIE MONTEZ, spoke in support of the Palm Mountain Resort project.
MICHAEL ESTRADA, commented on parking and height, and spoke in support of the Palm Mountain Resort project.
ROMAN WHITTAKER, spoke in support of the Palm Mountain Resort project.
CASEY JONES, spoke in support of the Palm Mountain Resort project.
AFTAB DADA, spoke in support of the Palm Mountain Resort project.
KEVIN BLAKE, spoke in support of the Palm Mountain Resort project.
WESLEY COLE, spoke in support of the Palm Mountain Resort project.
JONO HILDNER, commented on three issues with the development, the change of the General Plan and zoning, shortage of parking, and the excessive height.
JOAN MARTIN, stated her concern with the approval of a variance, stated the General Plan should be followed, and commented on the shortage of parking and buses.
ANITA ROARK, commented on the generous support from Palm Mountain Resort toward the American Cancer Society and cancer patients.
MARSHALL ROATH, stated his opposition to the process, and commented on height and parking.
FRANK TYSEN, commented on the height and shortage of parking with the proposed project, and requested the City Council deny the project for restudy.
LEA GOODSELL, read letters of support of the Palm Mountain Resort project.
TIM ELLIS, Rebuttal, commented on the support of the project, stated the project does not qualify under the high-rise ordinance.
No further speakers coming forward, the public hearing was closed.
The City Council recessed at 8:13 p.m.
The City Council reconvened at 8:22 p.m.
Mayor Pougnet requested staff address the shortage of parking and the credit for the tour buses.
Mayor Pro Tem Foat thanked the operator, commented on the shortage of parking and the parking in-lieu fee, the supply of hotel rooms in the City, requested staff address the proposed amendment to the General Plan, the parking for the non-operational restaurant, and the number of proposed parking spaces at 115 as opposed to the 154 that are required.
Councilmember Hutcheson commented on the use of rules and the General Plan, the addition of 70 rooms with a shortage of parking spaces, and stated the project needs additional work.
Councilmember Mills requested staff address the calculation of the number of parking spaces, the AAC review of the project regarding massing and site planning not architectural approval, screening requirements under Condition No. 19, lack of landscaping on the site plan, the flexibility of the General Plan as a guiding principle, and the allowance of in-lieu parking spaces and fees for the 51 parking spaces the development is short.
Councilmember Hutcheson requested staff address solar panels, and the requirement for in-lieu parking fees as allowed only in the CBD zone.
Councilmember Weigel stated the City has a tool for the parking, stated his support for the project, and requested staff address a covenant for required parking, if and when the property is sold.
Mayor Pougnet commented on the parking and provisions for in-lieu fee.
Mayor Pro Tem Foat requested staff address the eligibility for in-lieu parking, and stated this project needs further work with the Planning Commission.
Councilmember Mills commented on the use of the in-lieu parking in the CBD Zone, and stated his support for in-lieu parking for this project.
Mayor Pougnet requested staff address the units per acre and density, and requested the mitigation measure for parking to be stronger for the density.
Motion to Direct staff to return to review the project and City Council concerns that addresses parking, in-lieu parking fee and development aspects such as landscaping. Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to Direct staff to return to review the project and City Council concerns that addresses parking, in-lieu parking fee and development aspects such as landscaping. (Approved)
1.D. 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, CASE NO. 5.1135:
Staff Report Item 1.D.
Motion to Free Form 1) Continue the Public Hearing to March, 19, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing.
Vote to 1) Continue the Public Hearing to March, 19, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)
1.E. PROPOSED ORDINANCE RELATING TO THE ESTABLISHMENT OF MASSAGE USE IN COMMERCIAL ZONES, CASE 5.1183:
Staff Report Item 1.E.
Motion to Free Form 1) Continue the Public Hearing to March, 19, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing.
Vote to 1) Continue the Public Hearing to March, 19, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)
PUBLIC COMMENT:
COUNCILMEMBER COMMENTS:
CITY MANAGER’S REPORT:
2. CONSENT CALENDAR:
Motion to Free Form Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., and 2.H.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., and 2.H. (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. AMENDMENT NO. 2 TO AGREEMENT NO. A5488 WITH ALLEN F. SMOOT & ASSOCIATES, FOR ADDITIONAL PRE-CONSTRUCTION SERVICES ON THE AIRPORT TERMINAL COMPLEX PROJECT:
Staff Report Item 2.D.
2.E. AMENDMENT NO. 6 TO AGREEMENT NO. A4317 WITH CVAG AND AMENDMENT NO. 3 TO AGREEMENT NO. A4318 WITH DOKKEN ENGINEERING ON THE INDIAN CANYON DRIVE / INTERSTATE 10 INTERCHANGE PROJECT (CITY PROJECT 00-14):
Staff Report Item 2.E.
2.F. DESIGNATION OF THE CITY COUNCIL TO SUBMIT DISASTER ASSISTANCE TO THE STATE OF CALIFORNIA, OFFICE OF EMERGENCY SERVICES, FOR DAMAGES SUSTAINED TO PUBLIC PROPERTY DURING THE FEBRUARY 3, 2008, WIND STORMS:
Staff Report Item 2.F.
2.G. AMENDMENT NO. 1 TO AGREEMENT NO. A5494 WITH HOGLE-IRELAND, INC FOR THE CONTINUATION OF A CONTRACT PLANNER'S SERVICES:
Staff Report Item 2.G.
2.H. SECOND READING AND ADOPTION OF PROPOSED ORDINANCES NO. 1735 AND 1736, ADOPTING AND AMENDING THE 2007 CALIFORNIA BUILDING STANDARDS CODE AND ADOPTING AND AMENDING THE 2007 CALIFORNIA FIRE CODE:
Staff Report Item 2.H.
EXCLUDED CONSENT CALENDAR:
The City Council recessed at 9:18 p.m., and the Community Redevelopment Agency convened.
RA. CONSENT CALENDAR COMMUNITY REDEVELOPMENT AGENCY:
Motion to Approve Items RA1., RA2., and RA3. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to Approve Items RA1., RA2., and RA3. (Approved)
RA1. APPROVAL OF MINUTES:
Staff Report Item RA1.
RA2. OWNER PARTICIPATION AGREEMENT WITH COACHELLA VALLEY HOUSING COALITION AND DESERT HIGHLAND ASSOCIATES, LP TO PROVIDE ASSISTANCE IN THE DEVELOPMENT OF A 59-UNIT APARTMENT PROJECT ON A 4.45 ACRE ON LAS VEGAS ROAD IN THE DESERT HIGHLAND NEIGHBORHOOD, INCLUDING AGENCY FINANCIAL PARTICIPATION NOT TO EXCEED $1,200,000 IN GAP FINANCING, MERGED PROJECT AREA NO. 1:
Staff Report Item RA2.
RA3. BUDGET AMENDMENT FOR FISCAL YEAR 2007-08, TO APPROPRIATE FUNDS FOR THE OWNER PARTICIPATION AGREEMENT WITH VIP MOTORS AND FDH ENTERPRISES:
Staff Report Item RA3.
The Community Redevelopment Agency adjourned at 9:19 p.m. and the City Council reconvened.
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE REQUIRING LANDSCAPE-RELATED BUSINESSES TO COMPLETE A COURSE ON OVERSEEDING ALTERNATIVES AS A PREREQUISITE FOR ISSUANCE OF A CITY BUSINESS LICENSE:
Staff Report Item 3.A.
City Clerk Thompson provided background information as outlined in the staff report dated February 20, 2008.
Motion to 1) Waive reading of the ordinance text and introduce by title only; and 2) Introduce on first reading Ordinance No. 1737, "AN ORDINANCE OF THE PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.78 TO THE PALM SPRINGS MUNICIPAL CODE, REQUIRING COMPLETION OF A COURSE ON OVERSEEDING ALTERNATIVES AS A PREREQUISITE FOR ISSUANCE AND RENEWAL OF A BUSINESS LICENSE TO LANDSCAPE-RELATED BUSINESSES." Moved by Mayor Pro Tem Foat, seconded by Councilmember Weigel.
Vote to 1) Waive reading of the ordinance text and introduce by title only; and 2) Introduce on first reading Ordinance No. 1737, "AN ORDINANCE OF THE PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.78 TO THE PALM SPRINGS MUNICIPAL CODE, REQUIRING COMPLETION OF A COURSE ON OVERSEEDING ALTERNATIVES AS A PREREQUISITE FOR ISSUANCE AND RENEWAL OF A BUSINESS LICENSE TO LANDSCAPE-RELATED BUSINESSES." (Approved)
The City Council heard Item 3.B. prior to public hearings.
4. UNFINISHED BUSINESS:
4.A. REQUEST BY SOBHY YOUSEF FOR A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE AT SHELL SERVICE CENTER LOCATED AT 1708 NORTH PALM CANYON DRIVE:
Staff Report Item 4.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated February 20, 2008.
The City Council discussed and/or commented on the impact to the adjacent school, the requirements under the Conditional Use Permit application, the surrounding establishments that sell liquor, and the over abundance of liquor sales in the area.
Motion to Deny the request for a Resolution of Public Convenience to sell beer and wine at the proposed location. Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.
Vote to Deny the request for a Resolution of Public Convenience to sell beer and wine at the proposed location. (Approved)
5. NEW BUSINESS:
5.A. AIRPORT EXCESS PROPERTY SALE TO THE WASTEWATER TREATMENT PLANT:
Staff Report Item 5.A.
City Manager Ready provided background information as outlined in the staff report dated February 20, 2008.
Motion to 1) Adopt Resolution No. 22164, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE SALE OF 14.11 ACRES OF AIRPORT PROPERTY TO THE WASTEWATER TREATMENT PLANT FOR $3,642,295; LOCATED IN SECTION 19, A PORTION OF LOTS 19 AND 20 AS ALLOWED UNDER A FEDERAL AVIATION ADMINISTRATION INSTRUMENT OF RELEASE DATED OCTOBER 28, 1994, INCLUDING ALL REQUIRED CONVEYANCES AND PERTINENT DOCUMENTATION;" and 2) Authorize the City Manager to execute all necessary documents. Moved by Mayor Pro Tem Foat, seconded by Councilmember Weigel.
Vote to 1) Adopt Resolution No. 22164, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE SALE OF 14.11 ACRES OF AIRPORT PROPERTY TO THE WASTEWATER TREATMENT PLANT FOR $3,642,295; LOCATED IN SECTION 19, A PORTION OF LOTS 19 AND 20 AS ALLOWED UNDER A FEDERAL AVIATION ADMINISTRATION INSTRUMENT OF RELEASE DATED OCTOBER 28, 1994, INCLUDING ALL REQUIRED CONVEYANCES AND PERTINENT DOCUMENTATION;" and 2) Authorize the City Manager to execute all necessary documents. (Approved)
5.B. PURCHASE OF PUBLIC ARTWORK FROM BUSCHLEN MOWATT GALLERIES AND JOHN CLEMENT FOR THE SCULPTURE
SQUEEZE
CURRENTLY LOCATED AT 538 NORTH PALM CANYON DRIVE AT THE PALM CANYON THEATRE:
Staff Report Item 5.B.
City Manager Ready provided background information as outlined in the staff report dated February 20, 2008.
The City Council discussed and/or commented on the following with respect to the purchase of the Artwork: the letter of intent to remove the other two sculptures, the purchase price, the original intent with respect to the loan of the sculptures, and the repetitiveness of the City’s collection of Art.
Motion to Deny the purchase of one steel sculpture titled
Squeeze
in the amount of $56,000 by artist John Clement. Moved by Mayor Pro Tem Foat, seconded by Councilmember Weigel.
Vote to Deny the purchase of one steel sculpture titled
Squeeze
in the amount of $56,000 by artist John Clement. (Approved)
Councilmember Hutcheson stated the City Council should develop specific goals and provide clear direction to the Public Arts Commission, and requested the City Manager place this item on a future agenda.
Councilmember Hutcheson and Councilmember Mills indicated they have a property ownership conflict of interest with respect to Item 5.C., would not participate in the discussion or the vote, and left Council Chamber.
5.C. FISCAL YEAR 2007-08 PROPOSITION 1B LOCAL STREETS AND ROADS FUNDING PROPOSAL:
Staff Report Item 5.C.
David Barakian, City Engineer, provided background information as outlined in the staff report dated February 20, 2008.
Mayor Pro Tem Foat requested staff address the priority of the selection of streets.
Motion to Free Form 1) Approve the Proposition 1B Local Streets and Roads Funding Proposal for Fiscal Year 2007-08, authorizing use of funds for street rehabilitation and maintenance (overlay) of arterial streets prioritized based on condition of pavement; and 2) Authorize submittal of the approved Funding Proposal to the California Department of Finance; and 3) Pre-authorize continuance of a street rehabilitation and maintenance (overlay) program of arterial streets as the Proposition 1B Local Streets and Roads Funding Proposal for Fiscal Year 2008-09.
Vote to 1) Approve the Proposition 1B Local Streets and Roads Funding Proposal for Fiscal Year 2007-08, authorizing use of funds for street rehabilitation and maintenance (overlay) of arterial streets prioritized based on condition of pavement; and 2) Authorize submittal of the approved Funding Proposal to the California Department of Finance; and 3) Pre-authorize continuance of a street rehabilitation and maintenance (overlay) program of arterial streets as the Proposition 1B Local Streets and Roads Funding Proposal for Fiscal Year 2008-09. (Approved)
Councilmember Hutcheson and Councilmember Mills returned to the dais.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Weigel commented on the
Palm Springs Chill
and requested the City Manager review the request for City funding for the Food and Wine Festival.
Mayor Pougnet commented on a recent Walk of Fame event and provided an update on Palm Springs Modernism Week.
ADJOURNMENT:
Feb 20, 2008 City Council Meeting
Full agenda
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
Police Chief David Dominguez Administered the Oath of Office to Police Officers Nicholas Barth and Matthew Crampton.
City Manager Ready reported on the Federal Aviation Administration inspection and subsequent certification of the Palm Springs International Airport, the Office of Neighborhood Involvement retreat, Historic Marker Dedications, and a recent fundraiser for the Palm Springs Animal Shelter.
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Mayor Pougnet requested the City Council take Public Comment and Item 3.B. out of order, to be heard prior to Public Hearings.
Motion to Free Form Accept the Agenda as amended.
Vote to Accept the Agenda as amended. (Approved)
The City Council took Public Comment and Public Hearings out of order.
PUBLIC COMMENT:
STEVE SIMS, commented on bicycling opportunities in the City and SB1358.
WENDIE BUSIG-KOHN, Palm Springs, provided an update on the activities of the Desert Philanthropic Association.
HAROLD MATZNER, Trustee, Palm Springs Art Museum, provided an update of the activities and the condition of the Palm Springs Art Museum.
STEVE NASH, Palm Springs Art Museum, commented on Item 3.B., and requested the City Council provide for funding for the Museum from the Public Arts Fund.
3.B. PROPOSED ORDINANCE RELATING TO PERMISSIBLE EXPENDITURES OF THE PUBLIC ARTS FUND:
Staff Report Item 3.B.
City Manager Ready provided background information as outlined in the staff report dated February 20, 2008.
Mayor Pro Tem Foat congratulated the Palm Springs Art Museum for its programs and activities, and commented on the activities of the Public Arts Commission.
Councilmember Weigel stated his support for the Museum and funding from the Public Arts Fund.
Councilmember Mills provided historical background on the City's funding to the Palm Springs Art Museum.
Motion to 1) Waive reading of the ordinance text and introduce by title only; and 2) Introduce on first reading Ordinance No. 1738, "AN ORDINANCE OF THE PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS (C) AND (D) OF SECTION 3.37.040 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO PERMISSIBLE EXPENDITURES OF THE PUBLIC ARTS FUND." Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to 1) Waive reading of the ordinance text and introduce by title only; and 2) Introduce on first reading Ordinance No. 1738, "AN ORDINANCE OF THE PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS (C) AND (D) OF SECTION 3.37.040 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO PERMISSIBLE EXPENDITURES OF THE PUBLIC ARTS FUND." (Approved)
1. PUBLIC HEARINGS:
1.A. TENTATIVE PARCEL MAP 35817 APPLICATION BY FRANK DE LELYS TO SUBDIVIDE ONE LOT INTO TWO LOTS, AT THE WEST SIDE OF NORTH VIA MIRALESTE BETWEEN THE PALMS STREET AND MIRALESTE COURT:
Staff Report Item 1.A.
David Newell, Assistant Planner, provided background information as outlined in the staff report dated February 20, 2008.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to Free Form Adopt Resolution No. 22162, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 35817 TO SUBDIVIDE APPROXIMATELY 0.59 ACRES INTO TWO PARCELS LOCATED ALONG VIA MIRALESTE BETWEEN MIRALESTE COURT AND THE PALMS STREET."
Vote to Adopt Resolution No. 22162, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 35817 TO SUBDIVIDE APPROXIMATELY 0.59 ACRES INTO TWO PARCELS LOCATED ALONG VIA MIRALESTE BETWEEN MIRALESTE COURT AND THE PALMS STREET." (Approved)
1.B. CONDITIONAL USE PERMIT 6.492 APPLICATION BY SPRINT NEXTEL, TO INSTALL A 44 FOOT TALL COMMERCIAL COMMUNICATION ANTENNA DESIGNED AS A MONOPALM WITH EQUIPMENT CABINETS AND A VARIANCE TO EXCEED THE 15 FEET ANTENNA HEIGHT MAXIMUM LOCATED AT 505 EAST INDUSTRIAL PLACE, CASE 5.1080-6.492 VAR:
Staff Report Item 1.B.
David Newell, Assistant Planner, provided background information as outlined in the staff report dated February 20, 2008.
Mayor Pro Tem Foat requested staff address the differences between a monopalm and monopole.
Councilmember Mills suggested improvements to the parking lot, the current landscaping, and improvements to the existing facilities that are substandard.
Mayor Pougnet opened the public hearing, and the following speaker addressed the City Council.
TOM HANNA, Representing Sprint, stated he was available to answer any questions.
No further speakers coming forward, the public hearing was closed.
The City Council discussed notice to the neighborhood, continuing the public hearing to address landscaping improvement to the property and noticing to the neighborhood organization.
Motion to Free Form 1) Continue the public hearing to March 5, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing.
Vote to 1) Continue the public hearing to March 5, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)
The City Council discussed and/or commented on noticing to the Neighborhood Organizations.
1.C. 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, CASE NO. 5.1162-GPA:
Staff Report Item 1.C.
Lyn Calerdine, Contract Planner, provided background information as outlined in the staff report dated February 20, 2008.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
TIM ELLIS, Applicant, provide background information on the Hotel renovation project, and the impact to the surrounding area.
RAYMOND LOVATO, spoke in support of the Palm Mountain Resort project.
MARK FARLEY, spoke in support of the Palm Mountain Resort project.
JEFF BECKELMAN, spoke in support of the Palm Mountain Resort, and the continued need for reinvestment in hotels and tourism projects.
MARIAH HANSON, spoke in support of the Palm Mountain Resort project.
ROB RICHARDSON, spoke in support of the Palm Mountain Resort project.
FRED GRAND, deferred his comments to Tim Ellis.
JIM DOWLER, spoke in support of the Palm Mountain Resort project.
JOHN CHAISSON, stated the project increases the number of beds and foot traffic in the Downtown area, and spoke in support of the project.
ANGELICA ROMERO, read letters of support of the Palm Mountain Resort project.
MYNOKDA TOMLINSON, read letters of support of the Palm Mountain Resort project.
STEVE SIMS, stated the project should conform with the requirements of the General Plan.
TONY BRUGGEMANS, spoke in support of the Palm Mountain Resort renovation project.
JONATHAN HEATH, spoke in support of the Palm Mountain Resort renovation project.
JULIUS KAZEN, spoke in support of the Palm Mountain Resort project.
JOHN PIVINSKI, commented on the economic impact to the City and Downtown, and spoke in support of the Palm Mountain Resort project.
MARY JO GINTHER, spoke in support of the operator and in support of the Palm Mountain Resort project.
CRAIG BLAU, spoke in support of the operator and in support of the Palm Mountain Resort project, but requested the City Council address the parking shortage.
ED TORRES, read a letter of support of the Palm Mountain Resort renovation project.
MAGGIE MONTEZ, spoke in support of the Palm Mountain Resort project.
MICHAEL ESTRADA, commented on parking and height, and spoke in support of the Palm Mountain Resort project.
ROMAN WHITTAKER, spoke in support of the Palm Mountain Resort project.
CASEY JONES, spoke in support of the Palm Mountain Resort project.
AFTAB DADA, spoke in support of the Palm Mountain Resort project.
KEVIN BLAKE, spoke in support of the Palm Mountain Resort project.
WESLEY COLE, spoke in support of the Palm Mountain Resort project.
JONO HILDNER, commented on three issues with the development, the change of the General Plan and zoning, shortage of parking, and the excessive height.
JOAN MARTIN, stated her concern with the approval of a variance, stated the General Plan should be followed, and commented on the shortage of parking and buses.
ANITA ROARK, commented on the generous support from Palm Mountain Resort toward the American Cancer Society and cancer patients.
MARSHALL ROATH, stated his opposition to the process, and commented on height and parking.
FRANK TYSEN, commented on the height and shortage of parking with the proposed project, and requested the City Council deny the project for restudy.
LEA GOODSELL, read letters of support of the Palm Mountain Resort project.
TIM ELLIS, Rebuttal, commented on the support of the project, stated the project does not qualify under the high-rise ordinance.
No further speakers coming forward, the public hearing was closed.
The City Council recessed at 8:13 p.m.
The City Council reconvened at 8:22 p.m.
Mayor Pougnet requested staff address the shortage of parking and the credit for the tour buses.
Mayor Pro Tem Foat thanked the operator, commented on the shortage of parking and the parking in-lieu fee, the supply of hotel rooms in the City, requested staff address the proposed amendment to the General Plan, the parking for the non-operational restaurant, and the number of proposed parking spaces at 115 as opposed to the 154 that are required.
Councilmember Hutcheson commented on the use of rules and the General Plan, the addition of 70 rooms with a shortage of parking spaces, and stated the project needs additional work.
Councilmember Mills requested staff address the calculation of the number of parking spaces, the AAC review of the project regarding massing and site planning not architectural approval, screening requirements under Condition No. 19, lack of landscaping on the site plan, the flexibility of the General Plan as a guiding principle, and the allowance of in-lieu parking spaces and fees for the 51 parking spaces the development is short.
Councilmember Hutcheson requested staff address solar panels, and the requirement for in-lieu parking fees as allowed only in the CBD zone.
Councilmember Weigel stated the City has a tool for the parking, stated his support for the project, and requested staff address a covenant for required parking, if and when the property is sold.
Mayor Pougnet commented on the parking and provisions for in-lieu fee.
Mayor Pro Tem Foat requested staff address the eligibility for in-lieu parking, and stated this project needs further work with the Planning Commission.
Councilmember Mills commented on the use of the in-lieu parking in the CBD Zone, and stated his support for in-lieu parking for this project.
Mayor Pougnet requested staff address the units per acre and density, and requested the mitigation measure for parking to be stronger for the density.
Motion to Direct staff to return to review the project and City Council concerns that addresses parking, in-lieu parking fee and development aspects such as landscaping. Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to Direct staff to return to review the project and City Council concerns that addresses parking, in-lieu parking fee and development aspects such as landscaping. (Approved)
1.D. 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, CASE NO. 5.1135:
Staff Report Item 1.D.
Motion to Free Form 1) Continue the Public Hearing to March, 19, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing.
Vote to 1) Continue the Public Hearing to March, 19, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)
1.E. PROPOSED ORDINANCE RELATING TO THE ESTABLISHMENT OF MASSAGE USE IN COMMERCIAL ZONES, CASE 5.1183:
Staff Report Item 1.E.
Motion to Free Form 1) Continue the Public Hearing to March, 19, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing.
Vote to 1) Continue the Public Hearing to March, 19, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)
PUBLIC COMMENT:
COUNCILMEMBER COMMENTS:
CITY MANAGER’S REPORT:
2. CONSENT CALENDAR:
Motion to Free Form Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., and 2.H.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., and 2.H. (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. AMENDMENT NO. 2 TO AGREEMENT NO. A5488 WITH ALLEN F. SMOOT & ASSOCIATES, FOR ADDITIONAL PRE-CONSTRUCTION SERVICES ON THE AIRPORT TERMINAL COMPLEX PROJECT:
Staff Report Item 2.D.
2.E. AMENDMENT NO. 6 TO AGREEMENT NO. A4317 WITH CVAG AND AMENDMENT NO. 3 TO AGREEMENT NO. A4318 WITH DOKKEN ENGINEERING ON THE INDIAN CANYON DRIVE / INTERSTATE 10 INTERCHANGE PROJECT (CITY PROJECT 00-14):
Staff Report Item 2.E.
2.F. DESIGNATION OF THE CITY COUNCIL TO SUBMIT DISASTER ASSISTANCE TO THE STATE OF CALIFORNIA, OFFICE OF EMERGENCY SERVICES, FOR DAMAGES SUSTAINED TO PUBLIC PROPERTY DURING THE FEBRUARY 3, 2008, WIND STORMS:
Staff Report Item 2.F.
2.G. AMENDMENT NO. 1 TO AGREEMENT NO. A5494 WITH HOGLE-IRELAND, INC FOR THE CONTINUATION OF A CONTRACT PLANNER'S SERVICES:
Staff Report Item 2.G.
2.H. SECOND READING AND ADOPTION OF PROPOSED ORDINANCES NO. 1735 AND 1736, ADOPTING AND AMENDING THE 2007 CALIFORNIA BUILDING STANDARDS CODE AND ADOPTING AND AMENDING THE 2007 CALIFORNIA FIRE CODE:
Staff Report Item 2.H.
EXCLUDED CONSENT CALENDAR:
The City Council recessed at 9:18 p.m., and the Community Redevelopment Agency convened.
RA. CONSENT CALENDAR COMMUNITY REDEVELOPMENT AGENCY:
Motion to Approve Items RA1., RA2., and RA3. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to Approve Items RA1., RA2., and RA3. (Approved)
RA1. APPROVAL OF MINUTES:
Staff Report Item RA1.
RA2. OWNER PARTICIPATION AGREEMENT WITH COACHELLA VALLEY HOUSING COALITION AND DESERT HIGHLAND ASSOCIATES, LP TO PROVIDE ASSISTANCE IN THE DEVELOPMENT OF A 59-UNIT APARTMENT PROJECT ON A 4.45 ACRE ON LAS VEGAS ROAD IN THE DESERT HIGHLAND NEIGHBORHOOD, INCLUDING AGENCY FINANCIAL PARTICIPATION NOT TO EXCEED $1,200,000 IN GAP FINANCING, MERGED PROJECT AREA NO. 1:
Staff Report Item RA2.
RA3. BUDGET AMENDMENT FOR FISCAL YEAR 2007-08, TO APPROPRIATE FUNDS FOR THE OWNER PARTICIPATION AGREEMENT WITH VIP MOTORS AND FDH ENTERPRISES:
Staff Report Item RA3.
The Community Redevelopment Agency adjourned at 9:19 p.m. and the City Council reconvened.
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE REQUIRING LANDSCAPE-RELATED BUSINESSES TO COMPLETE A COURSE ON OVERSEEDING ALTERNATIVES AS A PREREQUISITE FOR ISSUANCE OF A CITY BUSINESS LICENSE:
Staff Report Item 3.A.
City Clerk Thompson provided background information as outlined in the staff report dated February 20, 2008.
Motion to 1) Waive reading of the ordinance text and introduce by title only; and 2) Introduce on first reading Ordinance No. 1737, "AN ORDINANCE OF THE PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.78 TO THE PALM SPRINGS MUNICIPAL CODE, REQUIRING COMPLETION OF A COURSE ON OVERSEEDING ALTERNATIVES AS A PREREQUISITE FOR ISSUANCE AND RENEWAL OF A BUSINESS LICENSE TO LANDSCAPE-RELATED BUSINESSES." Moved by Mayor Pro Tem Foat, seconded by Councilmember Weigel.
Vote to 1) Waive reading of the ordinance text and introduce by title only; and 2) Introduce on first reading Ordinance No. 1737, "AN ORDINANCE OF THE PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.78 TO THE PALM SPRINGS MUNICIPAL CODE, REQUIRING COMPLETION OF A COURSE ON OVERSEEDING ALTERNATIVES AS A PREREQUISITE FOR ISSUANCE AND RENEWAL OF A BUSINESS LICENSE TO LANDSCAPE-RELATED BUSINESSES." (Approved)
The City Council heard Item 3.B. prior to public hearings.
4. UNFINISHED BUSINESS:
4.A. REQUEST BY SOBHY YOUSEF FOR A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE AT SHELL SERVICE CENTER LOCATED AT 1708 NORTH PALM CANYON DRIVE:
Staff Report Item 4.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated February 20, 2008.
The City Council discussed and/or commented on the impact to the adjacent school, the requirements under the Conditional Use Permit application, the surrounding establishments that sell liquor, and the over abundance of liquor sales in the area.
Motion to Deny the request for a Resolution of Public Convenience to sell beer and wine at the proposed location. Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.
Vote to Deny the request for a Resolution of Public Convenience to sell beer and wine at the proposed location. (Approved)
5. NEW BUSINESS:
5.A. AIRPORT EXCESS PROPERTY SALE TO THE WASTEWATER TREATMENT PLANT:
Staff Report Item 5.A.
City Manager Ready provided background information as outlined in the staff report dated February 20, 2008.
Motion to 1) Adopt Resolution No. 22164, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE SALE OF 14.11 ACRES OF AIRPORT PROPERTY TO THE WASTEWATER TREATMENT PLANT FOR $3,642,295; LOCATED IN SECTION 19, A PORTION OF LOTS 19 AND 20 AS ALLOWED UNDER A FEDERAL AVIATION ADMINISTRATION INSTRUMENT OF RELEASE DATED OCTOBER 28, 1994, INCLUDING ALL REQUIRED CONVEYANCES AND PERTINENT DOCUMENTATION;" and 2) Authorize the City Manager to execute all necessary documents. Moved by Mayor Pro Tem Foat, seconded by Councilmember Weigel.
Vote to 1) Adopt Resolution No. 22164, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE SALE OF 14.11 ACRES OF AIRPORT PROPERTY TO THE WASTEWATER TREATMENT PLANT FOR $3,642,295; LOCATED IN SECTION 19, A PORTION OF LOTS 19 AND 20 AS ALLOWED UNDER A FEDERAL AVIATION ADMINISTRATION INSTRUMENT OF RELEASE DATED OCTOBER 28, 1994, INCLUDING ALL REQUIRED CONVEYANCES AND PERTINENT DOCUMENTATION;" and 2) Authorize the City Manager to execute all necessary documents. (Approved)
5.B. PURCHASE OF PUBLIC ARTWORK FROM BUSCHLEN MOWATT GALLERIES AND JOHN CLEMENT FOR THE SCULPTURE
SQUEEZE
CURRENTLY LOCATED AT 538 NORTH PALM CANYON DRIVE AT THE PALM CANYON THEATRE:
Staff Report Item 5.B.
City Manager Ready provided background information as outlined in the staff report dated February 20, 2008.
The City Council discussed and/or commented on the following with respect to the purchase of the Artwork: the letter of intent to remove the other two sculptures, the purchase price, the original intent with respect to the loan of the sculptures, and the repetitiveness of the City’s collection of Art.
Motion to Deny the purchase of one steel sculpture titled
Squeeze
in the amount of $56,000 by artist John Clement. Moved by Mayor Pro Tem Foat, seconded by Councilmember Weigel.
Vote to Deny the purchase of one steel sculpture titled
Squeeze
in the amount of $56,000 by artist John Clement. (Approved)
Councilmember Hutcheson stated the City Council should develop specific goals and provide clear direction to the Public Arts Commission, and requested the City Manager place this item on a future agenda.
Councilmember Hutcheson and Councilmember Mills indicated they have a property ownership conflict of interest with respect to Item 5.C., would not participate in the discussion or the vote, and left Council Chamber.
5.C. FISCAL YEAR 2007-08 PROPOSITION 1B LOCAL STREETS AND ROADS FUNDING PROPOSAL:
Staff Report Item 5.C.
David Barakian, City Engineer, provided background information as outlined in the staff report dated February 20, 2008.
Mayor Pro Tem Foat requested staff address the priority of the selection of streets.
Motion to Free Form 1) Approve the Proposition 1B Local Streets and Roads Funding Proposal for Fiscal Year 2007-08, authorizing use of funds for street rehabilitation and maintenance (overlay) of arterial streets prioritized based on condition of pavement; and 2) Authorize submittal of the approved Funding Proposal to the California Department of Finance; and 3) Pre-authorize continuance of a street rehabilitation and maintenance (overlay) program of arterial streets as the Proposition 1B Local Streets and Roads Funding Proposal for Fiscal Year 2008-09.
Vote to 1) Approve the Proposition 1B Local Streets and Roads Funding Proposal for Fiscal Year 2007-08, authorizing use of funds for street rehabilitation and maintenance (overlay) of arterial streets prioritized based on condition of pavement; and 2) Authorize submittal of the approved Funding Proposal to the California Department of Finance; and 3) Pre-authorize continuance of a street rehabilitation and maintenance (overlay) program of arterial streets as the Proposition 1B Local Streets and Roads Funding Proposal for Fiscal Year 2008-09. (Approved)
Councilmember Hutcheson and Councilmember Mills returned to the dais.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Weigel commented on the
Palm Springs Chill
and requested the City Manager review the request for City funding for the Food and Wine Festival.
Mayor Pougnet commented on a recent Walk of Fame event and provided an update on Palm Springs Modernism Week.
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