Video index
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
City Manager Ready presented the traffic calming enhancements on Toledo Avenue.
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated staff requested Item RA2. be withdrawn from the Agenda.
Councilmember Hutcheson requested Item 2.D. be removed from the Consent Calendar for separate discussion.
Councilmember Mills requested Item 2.N. and 2.O. be removed from the Consent Calendar for separate discussion.
Mayor Pro Tem Foat noted her abstention on the July 16, 2008, Minutes Item 2.B., stated her abstention to Item RA1., and requested Item 2.K. be removed from the Consent Calendar for separate discussion.
Councilmember Weigel noted his abstention on the July 9, 2008, Minutes Item 2.B.
Mayor Pougnet noted his abstention on the July 9, 2008, Minutes Item 2.B., and requested Items 2.K. and 2.L. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. PROPOSED ZONING ORDINANCE AMENDMENT ESTABLISHING STANDARDS FOR PORTABLE "OPEN" SIGNS IN COMMERCIAL ZONES:
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 30, 2008.
Mayor Pougnet opened the public hearing and the following speakers addressed the City Council.
LARRY DEITZ, commented on sign design and characteristics that would enhance the Downtown area, and stated his opposition to free-standing A-frame signs.
DARRON DAHLE, stated his support for A-frame signs in the Downtown area.
RODOLFO CASTILLO, stated his support for the use of A-frame signs in the Downtown area.
TIM CLARK, stated his support for the use of A-frame signs in the Downtown area.
BONNIE REISS, stated her support for the use of A-frame signs in the Downtown area.
JOY MEREDITH, Palm Springs, stated her support for the use of free-standing signs in the Downtown area.
No further speakers coming forward, the public hearing was closed.
Councilmember Hutcheson recommended the City Council adopt the Ordinance as proposed by the Planning Commission.
Councilmember Weigel stated the City needs to be flexible toward the business community in the Downtown area, but the City needs to maintain the high standards, stated his support for the use of free-standing signs in the Downtown area with limitations, requested the City Attorney address liability issues with free-standing signs, and the waiver of the current sign regulations in the Downtown area.
Councilmember Mills commented on the standards in the Downtown area, stated allowing free-standing signs in the Downtown area will change the look, feel and image of the City, commented on the historical regulations for the use of free-standing signs in the Downtown area, stated the Ordinance needs to further explain where the signs are allowed.
Mayor Pro Tem Foat stated neither of these Ordinances addresses some of the concerns she would like if free-standing signs are permitted, requested staff address if two signs were allowed, an A-frame and a two-dimensional sign.
Mayor Pougnet stated his support for allowing A-frame signs with standards and regulations for placement.
Councilmember Hutcheson stated the merchants should be able make the marketing decision for the best type of sign, the regulations require a high-quality sign, and stated he would be open to additional restrictions with respect to placement.
Councilmember Mills commented on the design review of the signs, the need to regulate the advertising, and requested the signs go through some type of approval process to ensure quality, and reiterated the importance of the image of Downtown Palm Springs.
Councilmember Weigel stated lowering of the standards will not help business in the City of Palm Springs, requested criteria be set if this program is successful, and requested some design review of the signs if the City allows them.
Mayor Pougnet requested staff address if an approval and/or design process could be developed if the free-standing signs are allowed.
Mayor Pro Tem Foat stated the need for design standards and an approval process, and recommended some type of criteria to measure the success of the program.
Councilmember Hutcheson stated the regulations would require permit approval and to direct staff to develop standards.
Councilmember Mills stated his concerns with Section 2 [Item 59(b)] regarding placement as only in front of the business and near the curb, and requested the Ordinance stop at Tachevah Drive, and limit certain businesses.
Mayor Pro Tem Foat requested any business currently displaying signs are not cited and fined.
Councilmember Mills commented on signs for side streets.
Motion to 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1744, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 93.20.03 AND 93.20.09 OF THE PALM SPRINGS ZONING CODE RELATING TO PORTABLE OPEN SIGNS;"
amending Subsection B.5 of Section 93.20.09 to provide that a sign may be placed no less that 3 feet from any street or parking curb, and adding a provision to the ordinance that the Director of Planning Services shall prepare and implement administrative rules and regulations.
Moved by Councilmember Hutcheson, seconded by Mayor Pougnet.
Vote to 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1744, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 93.20.03 AND 93.20.09 OF THE PALM SPRINGS ZONING CODE RELATING TO PORTABLE OPEN SIGNS;"
amending Subsection B.5 of Section 93.20.09 to provide that a sign may be placed no less that 3 feet from any street or parking curb, and adding a provision to the ordinance that the Director of Planning Services shall prepare and implement administrative rules and regulations.
(Approved)
Mayor Pougnet stated he has a business related conflict of interest with respect to Item 1.B., would not participate in the discussion or the vote, and left Council Chamber. Mayor Pro Tem Foat conducted this portion of the meeting.
1.B. APPEAL BY FELIX BARTHELEMY AND RICHARD SAVING OF THE PLANNING COMMISSION'S ACTION OF MAY 28, 2008, APPROVING CASE NO. 3.3216-SFR, AN APPLICATION FOR ARCHITECTURAL REVIEW OF A 4,000 SQUARE FOOT HILLSIDE SINGLE FAMILY RESIDENCE LOCATED AT 844 PANORAMA ROAD:
Staff Report Item 1.B.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 30, 2008.
Motion to Reopen the public testimony portion of the public hearing and accept further public testimony. Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to Reopen the public testimony portion of the public hearing and accept further public testimony. (Approved)
Mayor Pro Tem Foat opened the public hearing, and the following speaker addressed the City Council.
FELIX BARTHELEMY, stated this is a poorly planned project.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills stated the project meets all the requirements of the ordinance and is designed for the hillside lot.
Mayor Pro Tem Foat requested the City Attorney address if the City Council could restrict further lot divisions to protect the neighborhood.
Councilmember Weigel stated he reviewed the meeting DVD and minutes of the previous portion of the public hearing, and the project meets the criteria of the zoning code.
Motion to Adopt Resolution No. 22316, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY FELIX BARTHELEMY AND RICHARD SAVING AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO APPROVE CASE NO. 3.3216-SFR;"
amending the Conditions of Approval to limit the development and property for one single family house.
Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to Adopt Resolution No. 22316, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY FELIX BARTHELEMY AND RICHARD SAVING AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO APPROVE CASE NO. 3.3216-SFR;"
amending the Conditions of Approval to limit the development and property for one single family house.
(Approved)
Mayor Pougnet returned to dais.
1.C. REQUEST BY J. H. FARRELL PARTNERS, LLC TO APPROVE PLANNED DEVELOPMENT DISTRICT 347 TO CONSTRUCT FIVE SINGLE STORY BUILDINGS CONSISTING OF APPROXIMATELY 24,317 SQUARE FEET OF GENERAL AND MEDICAL OFFICE SPACE ON AN APPROXIMATE 2.74 ACRE PARCEL LOCATED AT THE NORTHEAST CORNER OF COMPUTER WAY AND NORTH FARRELL DRIVE:
Staff Report Item 1.C.
David Newell, Associate Planner, provided background information as outlined in the staff report dated July 30, 2008.
Councilmember Hutcheson requested staff address any complaints received from the neighborhood.
Mayor Pro Tem Foat requested staff address the liquefaction in the Negative Declaration and impact to the habitat.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
ALAN SANBORN, Representing Applicant, provided background information on the project and the setback issue.
H. GORDON BLOUNT, Palm Springs, stated his opposition to the change in zone and the change in uses, and commented on the traffic study.
ALAN SANBORN, Rebuttal, commented on the drop off at the building, and commented on similar projects recently completed.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills requested staff address the setback of the surrounding properties, the setback for this property and other M-1 without a residential boundary, commented on condition MM XI-1, 17, 19, and the site plan requirements for conditions 30, 31, and 32.
Councilmember Weigel requested a condition be added for grading if the project stalls that the surface is glued or maintained, stated the design is preferable to hide the parking.
Mayor Pro Tem Foat requested the Developer outline the sustainability aspects of the project and requested staff address when energy saving and sustainability requirements will be required for commercial projects coming forward.
Councilmember Hutcheson requested the City Manager bring forward a discussion of public benefits and sustainability features as public benefits, and suggested the developer meet with the surrounding residents with respect to any impacts due to the setback.
Councilmember Mills commented on the setback issues and the realignment of Farrell, and requested staff address temporary fencing.
Motion to Adopt Resolution No. 22317, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT 347 TO CONSTRUCT FIVE SINGLE STORY BUILDINGS CONSISTING OF APPROXIMATELY 24,317 SQUARE FEET OF GENERAL AND MEDICAL OFFICE SPACE ON AN APPROXIMATE 2.74 ACRE PARCEL LOCATED AT THE NORTHEAST CORNER OF COMPUTER WAY AND NORTH FARRELL DRIVE, ZONED M-1-P, SECTION 12;"
amending Condition of Approval No. 17 to require a non-reflective matte finish, Condition No. 19 to exclude screening from above, remove Condition No. MM XI-1, regarding interior noise, if it does not apply to commercial development, and adding a condition toward grading and soil stability if the project stalls.
Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to Adopt Resolution No. 22317, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT 347 TO CONSTRUCT FIVE SINGLE STORY BUILDINGS CONSISTING OF APPROXIMATELY 24,317 SQUARE FEET OF GENERAL AND MEDICAL OFFICE SPACE ON AN APPROXIMATE 2.74 ACRE PARCEL LOCATED AT THE NORTHEAST CORNER OF COMPUTER WAY AND NORTH FARRELL DRIVE, ZONED M-1-P, SECTION 12;"
amending Condition of Approval No. 17 to require a non-reflective matte finish, Condition No. 19 to exclude screening from above, remove Condition No. MM XI-1, regarding interior noise, if it does not apply to commercial development, and adding a condition toward grading and soil stability if the project stalls.
(Approved)
The City Council recessed at 8:13 p.m.
The City Council reconvened at 8:24 p.m.
1.D. LAWRENCE RAEL, PALM SPRINGS LLC, AMENDMENT OF VESTING TENTATIVE TRACT MAP 34190 TO RE-DESIGNATE CLOVELLY STREET FROM A PRIVATE STREET TO A PUBLIC STREET, A PREVIOUSLY APPROVED MIXED-USE DEVELOPMENT LOCATED AT THE SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE AND ALEJO ROAD:
Staff Report Item 1.D.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 30, 2008.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
GENE ROGERS, Representing Applicant, requested the City Council approve the amendment.
JAN CAMPBELL, Palm Springs, stated her support for the street to become a public street.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills requested the City Engineer address the plan with respect to City standards, and requested custom street signs.
Motion to Adopt Resolution No. 22318, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST TO AMEND VESTING TENTATIVE TRACT MAP 34190 TO RE-DESIGNATE CLOVELLY STREET FROM A PRIVATE STREET TO A PUBLIC STREET FOR PALM SPRINGS LLC, ON A PREVIOUSLY APPROVED CONDOMINIUM MAP FOR PLANNED DEVELOPMENT DISTRICT 324; A MIXED-USE DEVELOPMENT OF UP TO A 118-UNIT CONDOMINIUM PROJECT WITH 25,000 FEET OF RETAIL COMMERCIAL DEVELOPMENT ON A 4.1-ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE AND ALEJO ROAD." Moved by Mayor Pro Tem Foat, seconded by Councilmember Weigel.
Vote to Adopt Resolution No. 22318, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST TO AMEND VESTING TENTATIVE TRACT MAP 34190 TO RE-DESIGNATE CLOVELLY STREET FROM A PRIVATE STREET TO A PUBLIC STREET FOR PALM SPRINGS LLC, ON A PREVIOUSLY APPROVED CONDOMINIUM MAP FOR PLANNED DEVELOPMENT DISTRICT 324; A MIXED-USE DEVELOPMENT OF UP TO A 118-UNIT CONDOMINIUM PROJECT WITH 25,000 FEET OF RETAIL COMMERCIAL DEVELOPMENT ON A 4.1-ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE AND ALEJO ROAD." (Approved)
The Palm Springs Community Redevelopment Agency convened at 8:32 p.m., and the City Council continued for a Joint Meeting.
Councilmember Mills stated he has a business related conflict of interest with respect to Item 1.E., would not participate in the discussion or the vote, and left Council Chamber.
1.E. JOINT PUBLIC HEARING WITH RESPECT TO THE APPROVAL OF AMENDMENT NO. 1 TO DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0527C WITH RE: LOFT PARTNERS PALM SPRINGS, LLC, ON A 7.8 ACRE AGENCY-OWNED PARCEL AT THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD, AMENDING THE SCHEDULE OF PERFORMANCE, APPROVING A LEASE IN FURTHERANCE OF CONVEYANCE, AND ACCEPTING A NOTE FROM THE DEVELOPER FOR THE AMOUNT OF THE DEVELOPMENT FEES FOR THE DEVELOPMENT OF THE MONDRIAN HOTEL, MERGED REDEVELOPMENT PROJECT AREA NO. 2:
Staff Report Item 1.E.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated July 30, 2008.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Mayor Pro Tem Foat stated this is another example of the City moving important projects forward.
Motion to (Community Redevelopment Agency) Adopt Resolution No. 1363, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0527C WITH RE: LOFT PARTNERS PALM SPRINGS, LLC FOR A FOR A 7.8 ACRE AGENCY-OWNED PARCEL AT THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2, AMENDING THE SCHEDULE OF PERFORMANCE, APPROVING A LEASE IN FURTHERANCE OF CONVEYANCE, AND ACCEPTING A NOTE FROM THE DEVELOPER FOR THE AMOUNT OF THE DEVELOPMENT FEES, FOR THE DEVELOPMENT OF THE MONDRIAN HOTEL WITH 200 HOTEL ROOMS, 50 CONDOMINIUM-HOTEL UNITS, AND 150 CONDOMINIUM UNITS;" and 2) Authorize the Executive Director to execute all necessary documents. A0527C. (City Council) Adopt Resolution No. 22319, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY’S APPROVAL OF AMENDMENT NO. 1 TO DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0527C WITH RE: LOFT PARTNERS PALM SPRINGS, LLC, FOR A 7.8 ACRE AGENCY-OWNED PARCEL AT THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2, FOR THE DEVELOPMENT OF THE MONDRIAN HOTEL WITH 200 HOTEL ROOMS, 50 CONDOMINIUM-HOTEL UNITS, AND 150 CONDOMINIUM UNITS." Moved by Mayor Pro Tem Foat, seconded by Councilmember Hutcheson.
Vote to (Community Redevelopment Agency) Adopt Resolution No. 1363, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0527C WITH RE: LOFT PARTNERS PALM SPRINGS, LLC FOR A FOR A 7.8 ACRE AGENCY-OWNED PARCEL AT THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2, AMENDING THE SCHEDULE OF PERFORMANCE, APPROVING A LEASE IN FURTHERANCE OF CONVEYANCE, AND ACCEPTING A NOTE FROM THE DEVELOPER FOR THE AMOUNT OF THE DEVELOPMENT FEES, FOR THE DEVELOPMENT OF THE MONDRIAN HOTEL WITH 200 HOTEL ROOMS, 50 CONDOMINIUM-HOTEL UNITS, AND 150 CONDOMINIUM UNITS;" and 2) Authorize the Executive Director to execute all necessary documents. A0527C. (City Council) Adopt Resolution No. 22319, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY’S APPROVAL OF AMENDMENT NO. 1 TO DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0527C WITH RE: LOFT PARTNERS PALM SPRINGS, LLC, FOR A 7.8 ACRE AGENCY-OWNED PARCEL AT THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2, FOR THE DEVELOPMENT OF THE MONDRIAN HOTEL WITH 200 HOTEL ROOMS, 50 CONDOMINIUM-HOTEL UNITS, AND 150 CONDOMINIUM UNITS." (Approved)
Councilmember Mills returned to the dais.
1.F. JOINT PUBLIC HEARING WITH RESPECT TO THE APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH O & M HR, LLC, FOR AN APPROXIMATE 5.7 ACRE AGENCY-OWNED SITE AT THE SOUTHEAST CORNER OF CALLE EL SEGUNDO AND ANDREAS ROAD, FOR THE DEVELOPMENT OF THE HARD ROCK HOTEL, MERGED REDEVELOPMENT PROJECT AREA NO. 2:
Staff Report Item 1.F.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated July 30, 2008.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to (Community Redevelopment Agency) 1) Adopt Resolution No. 1364, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH O & M HR, LLC, FOR THE DEVELOPMENT OF A 490-ROOM HARD ROCK HOTEL ON A 5.7± ACRE AGENCY-OWNED PARCEL AT THE SOUTHEAST CORNER OF CALLE EL SEGUNDO AND ANDREAS ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2;" and 2) Authorize the Executive Director to execute all necessary documents. (City Council) Adopt Resolution No. 22320, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE AGENCY’S APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH O & M HR, LLC, FOR THE DEVELOPMENT OF A 490-ROOM HARD ROCK HOTEL ON A 5.7± ACRE AGENCY-OWNED PARCEL AT THE SOUTHEAST CORNER OF CALLE EL SEGUNDO AND ANDREAS ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2." A5705. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to (Community Redevelopment Agency) 1) Adopt Resolution No. 1364, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH O & M HR, LLC, FOR THE DEVELOPMENT OF A 490-ROOM HARD ROCK HOTEL ON A 5.7± ACRE AGENCY-OWNED PARCEL AT THE SOUTHEAST CORNER OF CALLE EL SEGUNDO AND ANDREAS ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2;" and 2) Authorize the Executive Director to execute all necessary documents. (City Council) Adopt Resolution No. 22320, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE AGENCY’S APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH O & M HR, LLC, FOR THE DEVELOPMENT OF A 490-ROOM HARD ROCK HOTEL ON A 5.7± ACRE AGENCY-OWNED PARCEL AT THE SOUTHEAST CORNER OF CALLE EL SEGUNDO AND ANDREAS ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2." A5705. (Approved)
1.G. COMMUNITY REDEVELOPMENT AGENCY PUBLIC HEARING, SALE OF AN AGENCY-OWNED SINGLE FAMILY RESIDENCE, LOCATED AT 945 COTTONWOOD ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 1, TO LANELLE M. AND ALBERTO V. GRADILLA:
Staff Report Item 1.G.
John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated July 30, 2008.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to Adopt Resolution No. 1365, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS FOR AGENCY-OWNED RESIDENTIAL PROPERTY AT 945 COTTONWOOD ROAD WITH LANELLE M. AND ALBERTO V. GRADILLA." A5706. Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to Adopt Resolution No. 1365, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS FOR AGENCY-OWNED RESIDENTIAL PROPERTY AT 945 COTTONWOOD ROAD WITH LANELLE M. AND ALBERTO V. GRADILLA." A5706. (Approved)
PUBLIC COMMENT:
SCOTT HINES, commented a new public service website desertelections.com.
ANDY SANDS, spoke on Item 5.D. regarding the ALTA Flood Control Improvements.
JIM FRANKLIN, spoke in support of Item 3.A. and 3.B., with the exceptions of the installation of signs, and spoke in support of Item 3.C.
BOB MAHLOWITZ, Palm Springs, Office of Neighborhood Involvement, spoke regarding Item 3.A., requested fees and fines be increased, and recommended the City Council take action on the Ordinance.
CHARLES SACHS, commented on the removal of trees in his condominium complex without permits.
WILLIAM GRAVESMILL, commented on Item 3.A. with respect to vacation rentals, and stated noise is a problem at vacation rentals.
RON FROEMMING, commented on Item 3.A. vacation rental properties, and stated his support of the regulation of vacation rental properties.
BILL DUNN, Palm Springs, commented on Item 3.A. vacation rentals, and outlined his problems with an adjoining property as a vacation rental.
RON SIEGEL, commented on Item 3.A vacation rentals, and stated his support for the regulations.
FRED BELL, BIA, commented on Item 2.D., and local construction industry recovery measures.
BONNIE RUTTAN, Palm Springs, commented on Item 3.A. vacation rentals.
ANTHONY TOIA, Palm Springs, commented on Item 3.A. vacation rentals, and the use of residential property as a commercial hotel.
PETER BROOKS, Palm Springs, commented on Item 3.A., spoke in opposition of the installation of signs on vacation rentals.
DENNI RUSSELL, commented on Item 3.A., and the installation of signs on vacation rental properties.
KAREN TABBAH, Palm Springs, commented on Item 3.A., vacation rentals and the posting of signs in windows, spoke regarding the possible prohibition of plastic bags in the City.
LILA SOSSA, Palm Springs, commented on the median island that was installed on Vista Chino.
JOY MEREDITH, Palm Springs, commented on current development projects and thanked the City Council and City Staff for their attention to various matters.
JIM DOWLER, commented on Item 3.A. vacation rentals, stated his concern with the posting of the signs, and the prohibition of outdoor speakers.
ROXANN PLOSS, commented on Item 3.A. vacation rentals, and Item 2.D. consideration of fee deferral to the residential building industry.
COUNCILMEMBER COMMENTS:
Mayor Pougnet provided comments on the timing of the vacation rental ordinance.
Mayor Pro Tem Foat requested staff set-up a meeting with the City Council Business Retention Subcommittee with respect to the jewelry business in the Downtown area and body piercing.
Councilmember Hutcheson requested staff provide an update to the installation of the median on Vista Chino, and the removal of access from Vista Chino to Sossa’s.
CITY MANAGER’S REPORT:
RA. CONSENT CALENDAR REDEVELOPMENT AGENCY:
Motion to Approve Items RA1. and RA3. Moved by Councilmember Mills, seconded by Councilmember Weigel.
Vote to Approve Items RA1. and RA3. (Approved)
RA1. APPROVAL OF MINUTES:
Staff Report Item RA1.
RA3. BUDGET AMENDMENT FOR FISCAL YEAR 2007-08 RELATED TO ASSET PURCHASES:
Staff Report Item RA3.
EXCLUDED CONSENT CALENDAR REDEVELOPMENT AGENCY:
RA2. LEASE AGREEMENT WITH LEATHER AND LACE CARRIAGES, INC., DBA PALM SPRINGS CARRIAGES, FOR USE OF A CARRIAGE ENCLOSURE LOCATED AT 232 BELARDO ROAD FOR A TWO YEAR PERIOD:
Staff Report Item RA2.
Withdrawn from the Agenda as the request of staff.
Councilmember Mills stated he has a business related conflict of interest with respect to Item RA4., would not participate in the discussion or the vote, and left Council Chamber.
RA4. LEASE AGREEMENT WITH BOYS AND GIRLS CLUB FOR PROPERTY AT SUNRISE PARK:
Staff Report Item RA4.
Motion to 1) Approve a lease agreement with the Boys and Girls Club of Palm Springs, Inc. for the lease of property at Sunrise Park through June 30, 2040; and 2) Authorize the Executive Director to execute all necessary documents. A5707. Moved by Mayor Pro Tem Foat, seconded by Mayor Pougnet.
Vote to 1) Approve a lease agreement with the Boys and Girls Club of Palm Springs, Inc. for the lease of property at Sunrise Park through June 30, 2040; and 2) Authorize the Executive Director to execute all necessary documents. A5707. (Approved)
The Community Redevelopment Agency adjourned at 9:34 p.m., the City Council reconvened, and Councilmember Mills returned to the dais.
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.B., 2.C., 2.E., 2.F., 2.G., 2.H., 2.I., 2.J., 2.M., 2.P., 2.Q., 2.R., 2.S., and 2.T. Moved by Councilmember Hutcheson, seconded by Councilmember Mills.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.E., 2.F., 2.G., 2.H., 2.I., 2.J., 2.M., 2.P., 2.Q., 2.R., 2.S., and 2.T. (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.E. PURCHASE ONE E-SERIES ADVANCED LIFE SUPPORT (ACLS) DEFIBRILLATOR AND 14 FULLY AUTOMATIC AED'S WITH WARRANTIES AND RELATED EQUIPMENT FROM ZOLL MEDICAL CORPORATION:
Staff Report Item 2.E.
2.F. AMENDMENT NO. 2 TO AGREEMENT NO. A5525 WITH WEC CORPORATION FOR THE GENE AUTRY TRAIL WIDENING PROJECT FROM VISTA CHINO TO THE UNION PACIFIC RAILROAD, CP 02-03:
Staff Report Item 2.F.
2.G. APPROVAL OF MASTER AGREEMENT, ADMINISTERING AGENCY - STATE AGREEMENT FOR STATE FUNDED PROJECTS, WITH THE STATE OF CALIFORNIA, STATE AGREEMENT NO. 00164S:
Staff Report Item 2.G.
2.H. AWARD OF CONTRACT FOR THE TRAFFIC SIGNAL LOOP REPAIR PROJECT (CP 07-11), SUNRISE WAY AT ALEJO ROAD TRAFFIC SIGNAL MODIFICATION (CP 07-12), SUNRISE WAY AT MESQUITE AVENUE TRAFFIC SIGNAL MODIFICATION (CP 07-14), AND FISCAL YEAR 2007-08 PROTECTED-PERMISSIVE TRAFFIC SIGNAL CONVERSION PROJECT, (CP 07-19):
Staff Report Item 2.H.
2.I. PROGRAM SUPPLEMENT AGREEMENT NO. E81, WITH THE STATE OF CALIFORNIA, FOR USE OF SAFE ROUTE TO SCHOOL PROGRAM (SR2S) STATE FUNDS FOR THE SAFE ROUTES TO SCHOOL PROJECT, STATE PROJECT NO. SR2SL 5282 (029), CP 08-06:
Staff Report Item 2.I.
2.J. ACCEPT $104,355 IN GRANT FUNDING FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FOR A DUI ENFORCEMENT AND AWARENESS PROJECT:
Staff Report Item 2.J.
2.M. APPROVE AN ADVERTISING CONTRACT ADDENDUM TO CITY AGREEMENT NO. A5109 WITH THE DESERT SUN MODIFYING AND EXTENDING THE AGREEMENT TO JULY 31, 2009:
Staff Report Item 2.M.
2.P. ASSIGNMENT OF FMC TECHNOLOGIES, AIRPORT SERVICES PASSENGER LOADING BRIDGE MAINTENANCE AGREEMENT TO JBT CORPORATION:
Staff Report Item 2.P.
2.Q. ACCEPT AN ADDITIONAL $25,000 GRANT FUNDING, FROM THE OFFICE OF TRAFFIC SAFETY FOR THE DUI ENFORCEMENT AND AWARENESS PROGRAM, THE NEW GRANT TOTAL WILL BE $135,000:
Staff Report Item 2.Q.
2.R. VACATING, RESCINDING, REPEALING, AND OTHERWISE SETTING ASIDE APPROVAL OF RESOLUTION NO. 21714, RELATING TO THE PALM HOTEL:
Staff Report Item 2.R.
2.S. AMENDMENT NO. 3 TO THE SOLID WASTE MANAGEMENT AGREEMENT NO. A4727 WITH PALM SPRINGS DISPOSAL SERVICES:
Staff Report Item 2.S.
2.T. SOLE SOURCE PURCHASE OF CRIMEVIEW WEB SOFTWARE PROGRAM FROM THE OMEGA GROUP, INC. IN THE AMOUNT OF $42,935:
Staff Report Item 2.T.
EXCLUDED CONSENT CALENDAR:
2.D. REQUESTS OF THE BUILDING INDUSTRY OF AMERICA, DESERT CHAPTER, WITH RESPECT TO LOCAL CONSTRUCTION INDUSTRY RECOVERY MEASURES:
Staff Report Item 2.D.
Councilmember Hutcheson requested a study session as soon as possible.
Councilmember Mills requested staff to review the issues list and have comments prior to Council consideration.
Motion to Direct staff to schedule a discussion of the requests at a future Study Session. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to Direct staff to schedule a discussion of the requests at a future Study Session. (Approved)
2.K. PURCHASE OF TEN BIG BELLY SOLAR POWERED TRASH COMPACTORS FROM BIG BELLY SOLAR INC., IN THE AMOUNT OF $43,057:
Staff Report Item 2.K.
Motion to approve Approve the sole source purchase of ten Big Belly Solar Powered Trash Compactors from Big Belly Solar Inc., in the amount of $43,057. Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to approve Approve the sole source purchase of ten Big Belly Solar Powered Trash Compactors from Big Belly Solar Inc., in the amount of $43,057. (Approved) (Recorded at 03:36:45)
2.L. AGREEMENT RENEWAL WITH THE DRUG ENFORCEMENT AGENCY TO PARTICIPATE IN THE TASK FORCE:
Staff Report Item 2.L.
Motion to approve 1) Approve the agreement renewal with the Drug Enforcement Agency for participation in the Task Force for a five-year period, through August 1, 2013; and 2) Authorize the City Manager to execute all necessary documents. A5711. Moved by Mayor Pougnet, seconded by Councilmember Hutcheson.
Vote to approve 1) Approve the agreement renewal with the Drug Enforcement Agency for participation in the Task Force for a five-year period, through August 1, 2013; and 2) Authorize the City Manager to execute all necessary documents. A5711. (Approved) (Recorded at 03:38:54)
2.N. STATUS LETTER FROM THE FEDERAL AVIATION ADMINISTRATION (FAA) REGARDING THE AIRPORT CONTROL TOWER:
Staff Report Item 2.N.
Motion to approve Receive and file. Moved by Councilmember Mills, seconded by Councilmember Weigel.
Vote to approve Receive and file. (Approved) (Recorded at 03:40:48)
2.O. AMENDMENT NO. 2 TO AGREEMENT NO. A4159 WITH PARADIES SHOPS, LLC FOR CONCESSIONS AT THE PALM SPRINGS INTERNATIONAL AIRPORT:
Staff Report Item 2.O.
Motion to approve 1) Approve Amendment No. 2 to Agreement No. A4159 with Paradies Shops, LLC; and 2) Authorize the City Manager to execute all necessary documents. A4159. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve 1) Approve Amendment No. 2 to Agreement No. A4159 with Paradies Shops, LLC; and 2) Authorize the City Manager to execute all necessary documents. A4159. (Approved) (Recorded at 03:42:36)
3. LEGISLATIVE:
Councilmember Hutcheson stated he has a business related conflict of interest with respect to Item 3.A., would not participate in the discussion or the vote, and left Council Chamber.
3.A. PROPOSED ORDINANCE RELATING TO VACATION RENTALS:
Staff Report Item 3.A.
City Attorney Holland provided background information as outlined in the staff report dated July 30, 2008.
Councilmember Weigel expressed his concerns for the sign requirement and recommended mailed notifications, requested the City Attorney address the noise prohibitions specifically for vacation rentals, requested staff address enforcement, questioned the maximum occupancy, and the violation provisions of the ordinance.
Motion to Continue past the 10:00 p.m. tentative adjournment time. Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.
Vote to Continue past the 10:00 p.m. tentative adjournment time. (Approved)
Mayor Pro Tem Foat requested the City Attorney address the restrictions of the City to be able to regulate the private property of individuals, requested staff address who may be subject to the violation penalties, insurance requirements, and expressed concerns with respect to the signs, trash, and the property owner notification of a violation.
Councilmember Mills recommended the trash requirement be titled walk-in service, commented on the sign requirements v. a mailing requirement, daytime occupants, and the prohibition of outside noise and amplification.
Mayor Pougnet commented on the sign requirement, fines and fees, and a "trigger" to notify the City of problem properties.
Motion to Direct staff to incorporate the City Council discussion points [eliminate the sign requirement and replace with a mail notification which includes a copy of the ordinance with the mailing, allowing a maximum occupancy of 4 in a studio unit, adding insurance requirements, require a "good neighbor" be distributed to renters in addition to the posting of rules and regulations at the property, require City notification of change of address and of the Agency if they lose a contract, replace highest trash service as "walk-in" service, and include a "trigger" that requires the Agency to notify the City of consistent problems and/or calls with a property] and return with a revised ordinance. Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to Direct staff to incorporate the City Council discussion points [eliminate the sign requirement and replace with a mail notification which includes a copy of the ordinance with the mailing, allowing a maximum occupancy of 4 in a studio unit, adding insurance requirements, require a "good neighbor" be distributed to renters in addition to the posting of rules and regulations at the property, require City notification of change of address and of the Agency if they lose a contract, replace highest trash service as "walk-in" service, and include a "trigger" that requires the Agency to notify the City of consistent problems and/or calls with a property] and return with a revised ordinance. (Approved)
3.B. PROPOSED ORDINANCE RELATING TO EVENT HOUSES:
Staff Report Item 3.B.
City Attorney Holland provided background information as outlined in the staff report dated July 30, 2008.
Mayor Pro Tem Foat commented on the definition of an event, and limiting the definition of an event.
Councilmember Weigel commented on the signs, and the necessity of the sign since a responsible person must be present, and requested clarification on the notice.
Councilmember Hutcheson commented on the time required to submit an application for an event, the sign requirements with respect to the event house, and on a waiver for three events with no complaints.
Mayor Pougnet expressed his concern with the maximum number of events, and the signage requirements.
Councilmember Mills expressed concern with the maximum number of permits, with the amount of time to submit an event application, and with the sign requirements.
Mayor Pro Tem Foat commented on the maximum number of allowable events.
Motion to 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1745, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.75 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO EVENT HOUSES
;" amending the ordinance to provide for the posting of signage during the event, or mail notification to properties 300 feet from the event house, amend the application for permit to 60-days, and remove the maximum number of events at the discretion of the City Manager.
Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1745, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.75 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO EVENT HOUSES
;" amending the ordinance to provide for the posting of signage during the event, or mail notification to properties 300 feet from the event house, amend the application for permit to 60-days, and remove the maximum number of events at the discretion of the City Manager.
(Approved)
3.C. PROPOSED ORDINANCE RELATING TO VACANT AND BOARDED BUILDINGS:
Staff Report Item 3.C.
City Attorney Holland provided background information as outlined in the staff report dated July 30, 2008.
Councilmember Mills commented on the posting of signage.
Councilmember Hutcheson questioned if an inspection is required, the dressing up of windows, and recommended the monitoring fee on a monthly or quarterly basis.
Mayor Pro Tem Foat requested clarification on who is responsible for inspection on foreclosed properties.
Councilmember Mills expressed concern with the posting requirement.
Councilmember Weigel stated this is a training issue for all City Departments and staff.
Motion to 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1746, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.80 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF VACANT AND BOARDED BUILDINGS AS PUBLIC NUISANCES." Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1746, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.80 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF VACANT AND BOARDED BUILDINGS AS PUBLIC NUISANCES." (Approved)
The City Council recessed at 11:13 p.m.
The City Council reconvened at 11:18 p.m.
4. UNFINISHED BUSINESS:
4.A. UPDATE ON SPECIFIC PLAN FOR MUSEUM MARKET PLAZA:
Staff Report Item 4.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 30, 2008.
Councilmember Hutcheson requested the Park component of the project be considered as equally important component of the project.
Councilmember Weigel requested staff address the purpose of the alternatives based on the EIR.
Mayor Pro Tem Foat requested staff address the preferred alternative as opposed to the less impact alternative.
No action taken.
5. NEW BUSINESS:
5.A. ADOPTION OF A RESOLUTION CONSENTING TO THE CREATION OF A MULTI-JURISDICTIONAL TOURISM BUSINESS IMPROVEMENT DISTRICT:
Staff Report Item 5.A.
City Manager Ready provided background information as outlined in the staff report dated July 30, 2008.
Motion to 1) Adopt Resolution No. 22327, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONSENTING TO THE OPERATION OF A MULTI-JURISDICTIONAL TOURISM BUSINESS IMPROVEMENT DISTRICT;" and 2) Authorize the City Manager to execute all necessary documents. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to 1) Adopt Resolution No. 22327, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONSENTING TO THE OPERATION OF A MULTI-JURISDICTIONAL TOURISM BUSINESS IMPROVEMENT DISTRICT;" and 2) Authorize the City Manager to execute all necessary documents. (Approved)
Councilmember Hutcheson, Mayor Pro Tem Foat, and Mayor Pougnet stated they have a property ownership conflict of interest with respect to Item 5.B. Invoking the rule of necessity to reach a quorum, lots were drawn, and it was determined Mayor Pougnet would hear the Item. Councilmember Hutcheson and Mayor Pro Tem Foat left Council Chamber.
5.B. CHANGE ORDER NO. 1 TO AGREEMENT NO. A5700 WITH GRANITE CONSTRUCTION COMPANY, FOR THE FISCAL YEAR 2007-08 ANNUAL ARHM OVERLAY, CP 07-17:
Staff Report Item 5.B.
David Barakian, City Engineer, provided background information as outlined in the staff report dated July 30, 2008.
Councilmember Mills stated the revised change order is now over the original Engineers Report to maximize the benefit and the number of streets to be rehabilitated.
Motion to approve 1) Approve Change Order No. 1 to Agreement No. A5700 with Granite Construction Company, in the amount of $445,684. for a revised total contract amount of $1,444,544. for the Fiscal Year 2007-08 Annual ARHM Overlay, CP 07-17; and 2) Authorize the City Manager to execute all necessary documents. A5700. Moved by Councilmember Mills, seconded by Councilmember Weigel.
Vote to approve 1) Approve Change Order No. 1 to Agreement No. A5700 with Granite Construction Company, in the amount of $445,684. for a revised total contract amount of $1,444,544. for the Fiscal Year 2007-08 Annual ARHM Overlay, CP 07-17; and 2) Authorize the City Manager to execute all necessary documents. A5700. (Approved) (Recorded at 05:27:32)
Councilmember Hutcheson and Mayor Pro Tem Foat returned to the dais.
5.C. AWARD BID IFB 08-05 FOR PALM TREE TRIMMING AT VARIOUS LOCATIONS IN THE CITY:
Staff Report Item 5.C.
Sharon Heider, Director of Parks and Recreation, provided background information as outlined in the staff report dated July 30, 2008.
Mayor Pougnet stated the City Council should award the bid for the Schedule A, as the City Council continues the discussion on the overall policy.
Motion to 1) Award Bid 08-05 to Orozco Landscaping & Tree Inc., Schedule A, the base bid per existing practice for palm tree trimming at various locations in the City of Palm Springs based on unit prices per tree for an amount not-to-exceed $57,417; and 2) Direct staff to prepare a resolution for City Council consideration modifying the current Palm Tree Trimming Policy. Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to 1) Award Bid 08-05 to Orozco Landscaping & Tree Inc., Schedule A, the base bid per existing practice for palm tree trimming at various locations in the City of Palm Springs based on unit prices per tree for an amount not-to-exceed $57,417; and 2) Direct staff to prepare a resolution for City Council consideration modifying the current Palm Tree Trimming Policy. (Approved)
Councilmember Weigel stated he has a property ownership conflict of interest with respect to Item 5.D., stated he would not participate in the discussion or the vote, and left Council Chamber.
5.D. AUTHORIZE STAFF TO PREPARE AMENDMENT NO. 1 TO SUBDIVISION IMPROVEMENT AGREEMENT NO. A4955 WITH IRP EL PORTAL ASSOCIATES, LLC, FOR TRACT MAP 30050 (ALTA) RELIEVING THE CITY, COMMUNITY REDEVELOPMENT AGENCY, AND DEVELOPER FROM THE OBLIGATION TO FUND AND CONSTRUCT CERTAIN FLOOD CONTROL IMPROVEMENTS ON SOUTH PALM CANYON DRIVE AND RELEASING NINE RESTRICTED LOTS IN THE TRACT FOR SALE AND DEVELOPMENT:
Staff Report Item 5.D.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated July 30, 2008.
Motion to approve Authorize staff to prepare Amendment No. 1 to Subdivision Improvement Agreement No. A4955 with IRP El Portal Associates, LLC for Tract Map 30050 (Alta) relieving the City, Community Redevelopment Agency, and developer from the obligation to fund and construct flood control improvements on South Palm Canyon Drive and releasing nine restricted lots in the tract for sale and development. A4955. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to approve Authorize staff to prepare Amendment No. 1 to Subdivision Improvement Agreement No. A4955 with IRP El Portal Associates, LLC for Tract Map 30050 (Alta) relieving the City, Community Redevelopment Agency, and developer from the obligation to fund and construct flood control improvements on South Palm Canyon Drive and releasing nine restricted lots in the tract for sale and development. A4955. (Approved)
Councilmember Weigel returned to the dais.
5.E. APPROVE JOINING THE EASTERN RIVERSIDE COUNTY INTEROPERABILITY REGIONAL AUTHORITY (ERICA); APPOINT ONE MEMBER OF THE CITY COUNCIL AS THE CITY'S REPRESENTATIVE; WAIVE CODE REQUIREMENTS TO ALLOW SOLE SOURCE FOR PROCUREMENT OF MOTOROLA RADIO SYSTEM; INTRODUCE 911 EMERGENCY COMMUNICATIONS OPT OUT FEE; AND SET FEE PUBLIC HEARING DATE FOR SEPTEMBER 3, 2008:
Staff Report Item 5.E.
City Manager Ready provided background information as outlined in the staff report dated July 30, 2008.
Motion to 1) Approve the Joint Powers Authority (JPA) agreement authorizing the formation of a JPA with the cities of Palm Springs, Cathedral City, Indio, Desert Hot Springs, and Beaumont in a regional communications system known as Eastern Riverside County Interoperability Communications Authority (ERICA): 2) Appoint Councilmember Weigel to serve as the City’s representative on the JPA: 3) Waive the appropriate competitive requirements of the Municipal Code and authorize staff to negotiate a contract with Motorola, to be approved by the City Council, based upon their proposal for a cost of approximately $4 million to purchase equipment and integration services for the interoperable P-25 radio system, in conjunction with a contract for the backbone system with the City of Indio or ERICA for a cost not-to-exceed $1,444,000; 4) Waive the reading of the ordinance text in its entirety and read by title only, and introduce on first reading Ordinance No. 1747, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 3.39 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE EMERGENCY RESPONSE FEE ORDINANCE AND EMERGENCY RESPONSE FEE;" 5) Schedule a Public Hearing for September 3, 2008, to adopt a 911 Emergency Communications Opt Out Fee; 6) Authorize staff to explore funding alternatives for the Motorola proposal and the ERICA JPA and report back to the City Council for consideration; 7) Authorize the City Manager to execute all necessary JPA documents. A5713. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to 1) Approve the Joint Powers Authority (JPA) agreement authorizing the formation of a JPA with the cities of Palm Springs, Cathedral City, Indio, Desert Hot Springs, and Beaumont in a regional communications system known as Eastern Riverside County Interoperability Communications Authority (ERICA): 2) Appoint Councilmember Weigel to serve as the City’s representative on the JPA: 3) Waive the appropriate competitive requirements of the Municipal Code and authorize staff to negotiate a contract with Motorola, to be approved by the City Council, based upon their proposal for a cost of approximately $4 million to purchase equipment and integration services for the interoperable P-25 radio system, in conjunction with a contract for the backbone system with the City of Indio or ERICA for a cost not-to-exceed $1,444,000; 4) Waive the reading of the ordinance text in its entirety and read by title only, and introduce on first reading Ordinance No. 1747, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 3.39 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE EMERGENCY RESPONSE FEE ORDINANCE AND EMERGENCY RESPONSE FEE;" 5) Schedule a Public Hearing for September 3, 2008, to adopt a 911 Emergency Communications Opt Out Fee; 6) Authorize staff to explore funding alternatives for the Motorola proposal and the ERICA JPA and report back to the City Council for consideration; 7) Authorize the City Manager to execute all necessary JPA documents. A5713. (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Mills commented on the voting system results displaying early, and requested staff notify Casa de Oro HOA with respect to approvals required to modify their landscape plan as discussed by Charles Saks in Public Comment.
Mayor Pougnet stated the City needs to invest additional funds for Code Enforcement, and requested the City Manager review the funding and organization, and requested staff address the role of AAC, and directed staff to provide a reminder to the AAC and the code requirements for their purview.
ADJOURNMENT:
Jul 30, 2008 City Council Meeting
Full agenda
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
City Manager Ready presented the traffic calming enhancements on Toledo Avenue.
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated staff requested Item RA2. be withdrawn from the Agenda.
Councilmember Hutcheson requested Item 2.D. be removed from the Consent Calendar for separate discussion.
Councilmember Mills requested Item 2.N. and 2.O. be removed from the Consent Calendar for separate discussion.
Mayor Pro Tem Foat noted her abstention on the July 16, 2008, Minutes Item 2.B., stated her abstention to Item RA1., and requested Item 2.K. be removed from the Consent Calendar for separate discussion.
Councilmember Weigel noted his abstention on the July 9, 2008, Minutes Item 2.B.
Mayor Pougnet noted his abstention on the July 9, 2008, Minutes Item 2.B., and requested Items 2.K. and 2.L. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. PROPOSED ZONING ORDINANCE AMENDMENT ESTABLISHING STANDARDS FOR PORTABLE "OPEN" SIGNS IN COMMERCIAL ZONES:
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 30, 2008.
Mayor Pougnet opened the public hearing and the following speakers addressed the City Council.
LARRY DEITZ, commented on sign design and characteristics that would enhance the Downtown area, and stated his opposition to free-standing A-frame signs.
DARRON DAHLE, stated his support for A-frame signs in the Downtown area.
RODOLFO CASTILLO, stated his support for the use of A-frame signs in the Downtown area.
TIM CLARK, stated his support for the use of A-frame signs in the Downtown area.
BONNIE REISS, stated her support for the use of A-frame signs in the Downtown area.
JOY MEREDITH, Palm Springs, stated her support for the use of free-standing signs in the Downtown area.
No further speakers coming forward, the public hearing was closed.
Councilmember Hutcheson recommended the City Council adopt the Ordinance as proposed by the Planning Commission.
Councilmember Weigel stated the City needs to be flexible toward the business community in the Downtown area, but the City needs to maintain the high standards, stated his support for the use of free-standing signs in the Downtown area with limitations, requested the City Attorney address liability issues with free-standing signs, and the waiver of the current sign regulations in the Downtown area.
Councilmember Mills commented on the standards in the Downtown area, stated allowing free-standing signs in the Downtown area will change the look, feel and image of the City, commented on the historical regulations for the use of free-standing signs in the Downtown area, stated the Ordinance needs to further explain where the signs are allowed.
Mayor Pro Tem Foat stated neither of these Ordinances addresses some of the concerns she would like if free-standing signs are permitted, requested staff address if two signs were allowed, an A-frame and a two-dimensional sign.
Mayor Pougnet stated his support for allowing A-frame signs with standards and regulations for placement.
Councilmember Hutcheson stated the merchants should be able make the marketing decision for the best type of sign, the regulations require a high-quality sign, and stated he would be open to additional restrictions with respect to placement.
Councilmember Mills commented on the design review of the signs, the need to regulate the advertising, and requested the signs go through some type of approval process to ensure quality, and reiterated the importance of the image of Downtown Palm Springs.
Councilmember Weigel stated lowering of the standards will not help business in the City of Palm Springs, requested criteria be set if this program is successful, and requested some design review of the signs if the City allows them.
Mayor Pougnet requested staff address if an approval and/or design process could be developed if the free-standing signs are allowed.
Mayor Pro Tem Foat stated the need for design standards and an approval process, and recommended some type of criteria to measure the success of the program.
Councilmember Hutcheson stated the regulations would require permit approval and to direct staff to develop standards.
Councilmember Mills stated his concerns with Section 2 [Item 59(b)] regarding placement as only in front of the business and near the curb, and requested the Ordinance stop at Tachevah Drive, and limit certain businesses.
Mayor Pro Tem Foat requested any business currently displaying signs are not cited and fined.
Councilmember Mills commented on signs for side streets.
Motion to 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1744, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 93.20.03 AND 93.20.09 OF THE PALM SPRINGS ZONING CODE RELATING TO PORTABLE OPEN SIGNS;"
amending Subsection B.5 of Section 93.20.09 to provide that a sign may be placed no less that 3 feet from any street or parking curb, and adding a provision to the ordinance that the Director of Planning Services shall prepare and implement administrative rules and regulations.
Moved by Councilmember Hutcheson, seconded by Mayor Pougnet.
Vote to 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1744, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 93.20.03 AND 93.20.09 OF THE PALM SPRINGS ZONING CODE RELATING TO PORTABLE OPEN SIGNS;"
amending Subsection B.5 of Section 93.20.09 to provide that a sign may be placed no less that 3 feet from any street or parking curb, and adding a provision to the ordinance that the Director of Planning Services shall prepare and implement administrative rules and regulations.
(Approved)
Mayor Pougnet stated he has a business related conflict of interest with respect to Item 1.B., would not participate in the discussion or the vote, and left Council Chamber. Mayor Pro Tem Foat conducted this portion of the meeting.
1.B. APPEAL BY FELIX BARTHELEMY AND RICHARD SAVING OF THE PLANNING COMMISSION'S ACTION OF MAY 28, 2008, APPROVING CASE NO. 3.3216-SFR, AN APPLICATION FOR ARCHITECTURAL REVIEW OF A 4,000 SQUARE FOOT HILLSIDE SINGLE FAMILY RESIDENCE LOCATED AT 844 PANORAMA ROAD:
Staff Report Item 1.B.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 30, 2008.
Motion to Reopen the public testimony portion of the public hearing and accept further public testimony. Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to Reopen the public testimony portion of the public hearing and accept further public testimony. (Approved)
Mayor Pro Tem Foat opened the public hearing, and the following speaker addressed the City Council.
FELIX BARTHELEMY, stated this is a poorly planned project.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills stated the project meets all the requirements of the ordinance and is designed for the hillside lot.
Mayor Pro Tem Foat requested the City Attorney address if the City Council could restrict further lot divisions to protect the neighborhood.
Councilmember Weigel stated he reviewed the meeting DVD and minutes of the previous portion of the public hearing, and the project meets the criteria of the zoning code.
Motion to Adopt Resolution No. 22316, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY FELIX BARTHELEMY AND RICHARD SAVING AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO APPROVE CASE NO. 3.3216-SFR;"
amending the Conditions of Approval to limit the development and property for one single family house.
Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to Adopt Resolution No. 22316, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY FELIX BARTHELEMY AND RICHARD SAVING AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO APPROVE CASE NO. 3.3216-SFR;"
amending the Conditions of Approval to limit the development and property for one single family house.
(Approved)
Mayor Pougnet returned to dais.
1.C. REQUEST BY J. H. FARRELL PARTNERS, LLC TO APPROVE PLANNED DEVELOPMENT DISTRICT 347 TO CONSTRUCT FIVE SINGLE STORY BUILDINGS CONSISTING OF APPROXIMATELY 24,317 SQUARE FEET OF GENERAL AND MEDICAL OFFICE SPACE ON AN APPROXIMATE 2.74 ACRE PARCEL LOCATED AT THE NORTHEAST CORNER OF COMPUTER WAY AND NORTH FARRELL DRIVE:
Staff Report Item 1.C.
David Newell, Associate Planner, provided background information as outlined in the staff report dated July 30, 2008.
Councilmember Hutcheson requested staff address any complaints received from the neighborhood.
Mayor Pro Tem Foat requested staff address the liquefaction in the Negative Declaration and impact to the habitat.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
ALAN SANBORN, Representing Applicant, provided background information on the project and the setback issue.
H. GORDON BLOUNT, Palm Springs, stated his opposition to the change in zone and the change in uses, and commented on the traffic study.
ALAN SANBORN, Rebuttal, commented on the drop off at the building, and commented on similar projects recently completed.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills requested staff address the setback of the surrounding properties, the setback for this property and other M-1 without a residential boundary, commented on condition MM XI-1, 17, 19, and the site plan requirements for conditions 30, 31, and 32.
Councilmember Weigel requested a condition be added for grading if the project stalls that the surface is glued or maintained, stated the design is preferable to hide the parking.
Mayor Pro Tem Foat requested the Developer outline the sustainability aspects of the project and requested staff address when energy saving and sustainability requirements will be required for commercial projects coming forward.
Councilmember Hutcheson requested the City Manager bring forward a discussion of public benefits and sustainability features as public benefits, and suggested the developer meet with the surrounding residents with respect to any impacts due to the setback.
Councilmember Mills commented on the setback issues and the realignment of Farrell, and requested staff address temporary fencing.
Motion to Adopt Resolution No. 22317, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT 347 TO CONSTRUCT FIVE SINGLE STORY BUILDINGS CONSISTING OF APPROXIMATELY 24,317 SQUARE FEET OF GENERAL AND MEDICAL OFFICE SPACE ON AN APPROXIMATE 2.74 ACRE PARCEL LOCATED AT THE NORTHEAST CORNER OF COMPUTER WAY AND NORTH FARRELL DRIVE, ZONED M-1-P, SECTION 12;"
amending Condition of Approval No. 17 to require a non-reflective matte finish, Condition No. 19 to exclude screening from above, remove Condition No. MM XI-1, regarding interior noise, if it does not apply to commercial development, and adding a condition toward grading and soil stability if the project stalls.
Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to Adopt Resolution No. 22317, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT 347 TO CONSTRUCT FIVE SINGLE STORY BUILDINGS CONSISTING OF APPROXIMATELY 24,317 SQUARE FEET OF GENERAL AND MEDICAL OFFICE SPACE ON AN APPROXIMATE 2.74 ACRE PARCEL LOCATED AT THE NORTHEAST CORNER OF COMPUTER WAY AND NORTH FARRELL DRIVE, ZONED M-1-P, SECTION 12;"
amending Condition of Approval No. 17 to require a non-reflective matte finish, Condition No. 19 to exclude screening from above, remove Condition No. MM XI-1, regarding interior noise, if it does not apply to commercial development, and adding a condition toward grading and soil stability if the project stalls.
(Approved)
The City Council recessed at 8:13 p.m.
The City Council reconvened at 8:24 p.m.
1.D. LAWRENCE RAEL, PALM SPRINGS LLC, AMENDMENT OF VESTING TENTATIVE TRACT MAP 34190 TO RE-DESIGNATE CLOVELLY STREET FROM A PRIVATE STREET TO A PUBLIC STREET, A PREVIOUSLY APPROVED MIXED-USE DEVELOPMENT LOCATED AT THE SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE AND ALEJO ROAD:
Staff Report Item 1.D.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 30, 2008.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
GENE ROGERS, Representing Applicant, requested the City Council approve the amendment.
JAN CAMPBELL, Palm Springs, stated her support for the street to become a public street.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills requested the City Engineer address the plan with respect to City standards, and requested custom street signs.
Motion to Adopt Resolution No. 22318, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST TO AMEND VESTING TENTATIVE TRACT MAP 34190 TO RE-DESIGNATE CLOVELLY STREET FROM A PRIVATE STREET TO A PUBLIC STREET FOR PALM SPRINGS LLC, ON A PREVIOUSLY APPROVED CONDOMINIUM MAP FOR PLANNED DEVELOPMENT DISTRICT 324; A MIXED-USE DEVELOPMENT OF UP TO A 118-UNIT CONDOMINIUM PROJECT WITH 25,000 FEET OF RETAIL COMMERCIAL DEVELOPMENT ON A 4.1-ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE AND ALEJO ROAD." Moved by Mayor Pro Tem Foat, seconded by Councilmember Weigel.
Vote to Adopt Resolution No. 22318, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST TO AMEND VESTING TENTATIVE TRACT MAP 34190 TO RE-DESIGNATE CLOVELLY STREET FROM A PRIVATE STREET TO A PUBLIC STREET FOR PALM SPRINGS LLC, ON A PREVIOUSLY APPROVED CONDOMINIUM MAP FOR PLANNED DEVELOPMENT DISTRICT 324; A MIXED-USE DEVELOPMENT OF UP TO A 118-UNIT CONDOMINIUM PROJECT WITH 25,000 FEET OF RETAIL COMMERCIAL DEVELOPMENT ON A 4.1-ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE AND ALEJO ROAD." (Approved)
The Palm Springs Community Redevelopment Agency convened at 8:32 p.m., and the City Council continued for a Joint Meeting.
Councilmember Mills stated he has a business related conflict of interest with respect to Item 1.E., would not participate in the discussion or the vote, and left Council Chamber.
1.E. JOINT PUBLIC HEARING WITH RESPECT TO THE APPROVAL OF AMENDMENT NO. 1 TO DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0527C WITH RE: LOFT PARTNERS PALM SPRINGS, LLC, ON A 7.8 ACRE AGENCY-OWNED PARCEL AT THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD, AMENDING THE SCHEDULE OF PERFORMANCE, APPROVING A LEASE IN FURTHERANCE OF CONVEYANCE, AND ACCEPTING A NOTE FROM THE DEVELOPER FOR THE AMOUNT OF THE DEVELOPMENT FEES FOR THE DEVELOPMENT OF THE MONDRIAN HOTEL, MERGED REDEVELOPMENT PROJECT AREA NO. 2:
Staff Report Item 1.E.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated July 30, 2008.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Mayor Pro Tem Foat stated this is another example of the City moving important projects forward.
Motion to (Community Redevelopment Agency) Adopt Resolution No. 1363, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0527C WITH RE: LOFT PARTNERS PALM SPRINGS, LLC FOR A FOR A 7.8 ACRE AGENCY-OWNED PARCEL AT THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2, AMENDING THE SCHEDULE OF PERFORMANCE, APPROVING A LEASE IN FURTHERANCE OF CONVEYANCE, AND ACCEPTING A NOTE FROM THE DEVELOPER FOR THE AMOUNT OF THE DEVELOPMENT FEES, FOR THE DEVELOPMENT OF THE MONDRIAN HOTEL WITH 200 HOTEL ROOMS, 50 CONDOMINIUM-HOTEL UNITS, AND 150 CONDOMINIUM UNITS;" and 2) Authorize the Executive Director to execute all necessary documents. A0527C. (City Council) Adopt Resolution No. 22319, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY’S APPROVAL OF AMENDMENT NO. 1 TO DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0527C WITH RE: LOFT PARTNERS PALM SPRINGS, LLC, FOR A 7.8 ACRE AGENCY-OWNED PARCEL AT THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2, FOR THE DEVELOPMENT OF THE MONDRIAN HOTEL WITH 200 HOTEL ROOMS, 50 CONDOMINIUM-HOTEL UNITS, AND 150 CONDOMINIUM UNITS." Moved by Mayor Pro Tem Foat, seconded by Councilmember Hutcheson.
Vote to (Community Redevelopment Agency) Adopt Resolution No. 1363, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0527C WITH RE: LOFT PARTNERS PALM SPRINGS, LLC FOR A FOR A 7.8 ACRE AGENCY-OWNED PARCEL AT THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2, AMENDING THE SCHEDULE OF PERFORMANCE, APPROVING A LEASE IN FURTHERANCE OF CONVEYANCE, AND ACCEPTING A NOTE FROM THE DEVELOPER FOR THE AMOUNT OF THE DEVELOPMENT FEES, FOR THE DEVELOPMENT OF THE MONDRIAN HOTEL WITH 200 HOTEL ROOMS, 50 CONDOMINIUM-HOTEL UNITS, AND 150 CONDOMINIUM UNITS;" and 2) Authorize the Executive Director to execute all necessary documents. A0527C. (City Council) Adopt Resolution No. 22319, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY’S APPROVAL OF AMENDMENT NO. 1 TO DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0527C WITH RE: LOFT PARTNERS PALM SPRINGS, LLC, FOR A 7.8 ACRE AGENCY-OWNED PARCEL AT THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2, FOR THE DEVELOPMENT OF THE MONDRIAN HOTEL WITH 200 HOTEL ROOMS, 50 CONDOMINIUM-HOTEL UNITS, AND 150 CONDOMINIUM UNITS." (Approved)
Councilmember Mills returned to the dais.
1.F. JOINT PUBLIC HEARING WITH RESPECT TO THE APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH O & M HR, LLC, FOR AN APPROXIMATE 5.7 ACRE AGENCY-OWNED SITE AT THE SOUTHEAST CORNER OF CALLE EL SEGUNDO AND ANDREAS ROAD, FOR THE DEVELOPMENT OF THE HARD ROCK HOTEL, MERGED REDEVELOPMENT PROJECT AREA NO. 2:
Staff Report Item 1.F.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated July 30, 2008.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to (Community Redevelopment Agency) 1) Adopt Resolution No. 1364, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH O & M HR, LLC, FOR THE DEVELOPMENT OF A 490-ROOM HARD ROCK HOTEL ON A 5.7± ACRE AGENCY-OWNED PARCEL AT THE SOUTHEAST CORNER OF CALLE EL SEGUNDO AND ANDREAS ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2;" and 2) Authorize the Executive Director to execute all necessary documents. (City Council) Adopt Resolution No. 22320, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE AGENCY’S APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH O & M HR, LLC, FOR THE DEVELOPMENT OF A 490-ROOM HARD ROCK HOTEL ON A 5.7± ACRE AGENCY-OWNED PARCEL AT THE SOUTHEAST CORNER OF CALLE EL SEGUNDO AND ANDREAS ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2." A5705. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to (Community Redevelopment Agency) 1) Adopt Resolution No. 1364, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH O & M HR, LLC, FOR THE DEVELOPMENT OF A 490-ROOM HARD ROCK HOTEL ON A 5.7± ACRE AGENCY-OWNED PARCEL AT THE SOUTHEAST CORNER OF CALLE EL SEGUNDO AND ANDREAS ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2;" and 2) Authorize the Executive Director to execute all necessary documents. (City Council) Adopt Resolution No. 22320, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE AGENCY’S APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH O & M HR, LLC, FOR THE DEVELOPMENT OF A 490-ROOM HARD ROCK HOTEL ON A 5.7± ACRE AGENCY-OWNED PARCEL AT THE SOUTHEAST CORNER OF CALLE EL SEGUNDO AND ANDREAS ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2." A5705. (Approved)
1.G. COMMUNITY REDEVELOPMENT AGENCY PUBLIC HEARING, SALE OF AN AGENCY-OWNED SINGLE FAMILY RESIDENCE, LOCATED AT 945 COTTONWOOD ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 1, TO LANELLE M. AND ALBERTO V. GRADILLA:
Staff Report Item 1.G.
John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated July 30, 2008.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to Adopt Resolution No. 1365, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS FOR AGENCY-OWNED RESIDENTIAL PROPERTY AT 945 COTTONWOOD ROAD WITH LANELLE M. AND ALBERTO V. GRADILLA." A5706. Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to Adopt Resolution No. 1365, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS FOR AGENCY-OWNED RESIDENTIAL PROPERTY AT 945 COTTONWOOD ROAD WITH LANELLE M. AND ALBERTO V. GRADILLA." A5706. (Approved)
PUBLIC COMMENT:
SCOTT HINES, commented a new public service website desertelections.com.
ANDY SANDS, spoke on Item 5.D. regarding the ALTA Flood Control Improvements.
JIM FRANKLIN, spoke in support of Item 3.A. and 3.B., with the exceptions of the installation of signs, and spoke in support of Item 3.C.
BOB MAHLOWITZ, Palm Springs, Office of Neighborhood Involvement, spoke regarding Item 3.A., requested fees and fines be increased, and recommended the City Council take action on the Ordinance.
CHARLES SACHS, commented on the removal of trees in his condominium complex without permits.
WILLIAM GRAVESMILL, commented on Item 3.A. with respect to vacation rentals, and stated noise is a problem at vacation rentals.
RON FROEMMING, commented on Item 3.A. vacation rental properties, and stated his support of the regulation of vacation rental properties.
BILL DUNN, Palm Springs, commented on Item 3.A. vacation rentals, and outlined his problems with an adjoining property as a vacation rental.
RON SIEGEL, commented on Item 3.A vacation rentals, and stated his support for the regulations.
FRED BELL, BIA, commented on Item 2.D., and local construction industry recovery measures.
BONNIE RUTTAN, Palm Springs, commented on Item 3.A. vacation rentals.
ANTHONY TOIA, Palm Springs, commented on Item 3.A. vacation rentals, and the use of residential property as a commercial hotel.
PETER BROOKS, Palm Springs, commented on Item 3.A., spoke in opposition of the installation of signs on vacation rentals.
DENNI RUSSELL, commented on Item 3.A., and the installation of signs on vacation rental properties.
KAREN TABBAH, Palm Springs, commented on Item 3.A., vacation rentals and the posting of signs in windows, spoke regarding the possible prohibition of plastic bags in the City.
LILA SOSSA, Palm Springs, commented on the median island that was installed on Vista Chino.
JOY MEREDITH, Palm Springs, commented on current development projects and thanked the City Council and City Staff for their attention to various matters.
JIM DOWLER, commented on Item 3.A. vacation rentals, stated his concern with the posting of the signs, and the prohibition of outdoor speakers.
ROXANN PLOSS, commented on Item 3.A. vacation rentals, and Item 2.D. consideration of fee deferral to the residential building industry.
COUNCILMEMBER COMMENTS:
Mayor Pougnet provided comments on the timing of the vacation rental ordinance.
Mayor Pro Tem Foat requested staff set-up a meeting with the City Council Business Retention Subcommittee with respect to the jewelry business in the Downtown area and body piercing.
Councilmember Hutcheson requested staff provide an update to the installation of the median on Vista Chino, and the removal of access from Vista Chino to Sossa’s.
CITY MANAGER’S REPORT:
RA. CONSENT CALENDAR REDEVELOPMENT AGENCY:
Motion to Approve Items RA1. and RA3. Moved by Councilmember Mills, seconded by Councilmember Weigel.
Vote to Approve Items RA1. and RA3. (Approved)
RA1. APPROVAL OF MINUTES:
Staff Report Item RA1.
RA3. BUDGET AMENDMENT FOR FISCAL YEAR 2007-08 RELATED TO ASSET PURCHASES:
Staff Report Item RA3.
EXCLUDED CONSENT CALENDAR REDEVELOPMENT AGENCY:
RA2. LEASE AGREEMENT WITH LEATHER AND LACE CARRIAGES, INC., DBA PALM SPRINGS CARRIAGES, FOR USE OF A CARRIAGE ENCLOSURE LOCATED AT 232 BELARDO ROAD FOR A TWO YEAR PERIOD:
Staff Report Item RA2.
Withdrawn from the Agenda as the request of staff.
Councilmember Mills stated he has a business related conflict of interest with respect to Item RA4., would not participate in the discussion or the vote, and left Council Chamber.
RA4. LEASE AGREEMENT WITH BOYS AND GIRLS CLUB FOR PROPERTY AT SUNRISE PARK:
Staff Report Item RA4.
Motion to 1) Approve a lease agreement with the Boys and Girls Club of Palm Springs, Inc. for the lease of property at Sunrise Park through June 30, 2040; and 2) Authorize the Executive Director to execute all necessary documents. A5707. Moved by Mayor Pro Tem Foat, seconded by Mayor Pougnet.
Vote to 1) Approve a lease agreement with the Boys and Girls Club of Palm Springs, Inc. for the lease of property at Sunrise Park through June 30, 2040; and 2) Authorize the Executive Director to execute all necessary documents. A5707. (Approved)
The Community Redevelopment Agency adjourned at 9:34 p.m., the City Council reconvened, and Councilmember Mills returned to the dais.
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.B., 2.C., 2.E., 2.F., 2.G., 2.H., 2.I., 2.J., 2.M., 2.P., 2.Q., 2.R., 2.S., and 2.T. Moved by Councilmember Hutcheson, seconded by Councilmember Mills.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.E., 2.F., 2.G., 2.H., 2.I., 2.J., 2.M., 2.P., 2.Q., 2.R., 2.S., and 2.T. (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.E. PURCHASE ONE E-SERIES ADVANCED LIFE SUPPORT (ACLS) DEFIBRILLATOR AND 14 FULLY AUTOMATIC AED'S WITH WARRANTIES AND RELATED EQUIPMENT FROM ZOLL MEDICAL CORPORATION:
Staff Report Item 2.E.
2.F. AMENDMENT NO. 2 TO AGREEMENT NO. A5525 WITH WEC CORPORATION FOR THE GENE AUTRY TRAIL WIDENING PROJECT FROM VISTA CHINO TO THE UNION PACIFIC RAILROAD, CP 02-03:
Staff Report Item 2.F.
2.G. APPROVAL OF MASTER AGREEMENT, ADMINISTERING AGENCY - STATE AGREEMENT FOR STATE FUNDED PROJECTS, WITH THE STATE OF CALIFORNIA, STATE AGREEMENT NO. 00164S:
Staff Report Item 2.G.
2.H. AWARD OF CONTRACT FOR THE TRAFFIC SIGNAL LOOP REPAIR PROJECT (CP 07-11), SUNRISE WAY AT ALEJO ROAD TRAFFIC SIGNAL MODIFICATION (CP 07-12), SUNRISE WAY AT MESQUITE AVENUE TRAFFIC SIGNAL MODIFICATION (CP 07-14), AND FISCAL YEAR 2007-08 PROTECTED-PERMISSIVE TRAFFIC SIGNAL CONVERSION PROJECT, (CP 07-19):
Staff Report Item 2.H.
2.I. PROGRAM SUPPLEMENT AGREEMENT NO. E81, WITH THE STATE OF CALIFORNIA, FOR USE OF SAFE ROUTE TO SCHOOL PROGRAM (SR2S) STATE FUNDS FOR THE SAFE ROUTES TO SCHOOL PROJECT, STATE PROJECT NO. SR2SL 5282 (029), CP 08-06:
Staff Report Item 2.I.
2.J. ACCEPT $104,355 IN GRANT FUNDING FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FOR A DUI ENFORCEMENT AND AWARENESS PROJECT:
Staff Report Item 2.J.
2.M. APPROVE AN ADVERTISING CONTRACT ADDENDUM TO CITY AGREEMENT NO. A5109 WITH THE DESERT SUN MODIFYING AND EXTENDING THE AGREEMENT TO JULY 31, 2009:
Staff Report Item 2.M.
2.P. ASSIGNMENT OF FMC TECHNOLOGIES, AIRPORT SERVICES PASSENGER LOADING BRIDGE MAINTENANCE AGREEMENT TO JBT CORPORATION:
Staff Report Item 2.P.
2.Q. ACCEPT AN ADDITIONAL $25,000 GRANT FUNDING, FROM THE OFFICE OF TRAFFIC SAFETY FOR THE DUI ENFORCEMENT AND AWARENESS PROGRAM, THE NEW GRANT TOTAL WILL BE $135,000:
Staff Report Item 2.Q.
2.R. VACATING, RESCINDING, REPEALING, AND OTHERWISE SETTING ASIDE APPROVAL OF RESOLUTION NO. 21714, RELATING TO THE PALM HOTEL:
Staff Report Item 2.R.
2.S. AMENDMENT NO. 3 TO THE SOLID WASTE MANAGEMENT AGREEMENT NO. A4727 WITH PALM SPRINGS DISPOSAL SERVICES:
Staff Report Item 2.S.
2.T. SOLE SOURCE PURCHASE OF CRIMEVIEW WEB SOFTWARE PROGRAM FROM THE OMEGA GROUP, INC. IN THE AMOUNT OF $42,935:
Staff Report Item 2.T.
EXCLUDED CONSENT CALENDAR:
2.D. REQUESTS OF THE BUILDING INDUSTRY OF AMERICA, DESERT CHAPTER, WITH RESPECT TO LOCAL CONSTRUCTION INDUSTRY RECOVERY MEASURES:
Staff Report Item 2.D.
Councilmember Hutcheson requested a study session as soon as possible.
Councilmember Mills requested staff to review the issues list and have comments prior to Council consideration.
Motion to Direct staff to schedule a discussion of the requests at a future Study Session. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to Direct staff to schedule a discussion of the requests at a future Study Session. (Approved)
2.K. PURCHASE OF TEN BIG BELLY SOLAR POWERED TRASH COMPACTORS FROM BIG BELLY SOLAR INC., IN THE AMOUNT OF $43,057:
Staff Report Item 2.K.
Motion to approve Approve the sole source purchase of ten Big Belly Solar Powered Trash Compactors from Big Belly Solar Inc., in the amount of $43,057. Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to approve Approve the sole source purchase of ten Big Belly Solar Powered Trash Compactors from Big Belly Solar Inc., in the amount of $43,057. (Approved) (Recorded at 03:36:45)
2.L. AGREEMENT RENEWAL WITH THE DRUG ENFORCEMENT AGENCY TO PARTICIPATE IN THE TASK FORCE:
Staff Report Item 2.L.
Motion to approve 1) Approve the agreement renewal with the Drug Enforcement Agency for participation in the Task Force for a five-year period, through August 1, 2013; and 2) Authorize the City Manager to execute all necessary documents. A5711. Moved by Mayor Pougnet, seconded by Councilmember Hutcheson.
Vote to approve 1) Approve the agreement renewal with the Drug Enforcement Agency for participation in the Task Force for a five-year period, through August 1, 2013; and 2) Authorize the City Manager to execute all necessary documents. A5711. (Approved) (Recorded at 03:38:54)
2.N. STATUS LETTER FROM THE FEDERAL AVIATION ADMINISTRATION (FAA) REGARDING THE AIRPORT CONTROL TOWER:
Staff Report Item 2.N.
Motion to approve Receive and file. Moved by Councilmember Mills, seconded by Councilmember Weigel.
Vote to approve Receive and file. (Approved) (Recorded at 03:40:48)
2.O. AMENDMENT NO. 2 TO AGREEMENT NO. A4159 WITH PARADIES SHOPS, LLC FOR CONCESSIONS AT THE PALM SPRINGS INTERNATIONAL AIRPORT:
Staff Report Item 2.O.
Motion to approve 1) Approve Amendment No. 2 to Agreement No. A4159 with Paradies Shops, LLC; and 2) Authorize the City Manager to execute all necessary documents. A4159. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve 1) Approve Amendment No. 2 to Agreement No. A4159 with Paradies Shops, LLC; and 2) Authorize the City Manager to execute all necessary documents. A4159. (Approved) (Recorded at 03:42:36)
3. LEGISLATIVE:
Councilmember Hutcheson stated he has a business related conflict of interest with respect to Item 3.A., would not participate in the discussion or the vote, and left Council Chamber.
3.A. PROPOSED ORDINANCE RELATING TO VACATION RENTALS:
Staff Report Item 3.A.
City Attorney Holland provided background information as outlined in the staff report dated July 30, 2008.
Councilmember Weigel expressed his concerns for the sign requirement and recommended mailed notifications, requested the City Attorney address the noise prohibitions specifically for vacation rentals, requested staff address enforcement, questioned the maximum occupancy, and the violation provisions of the ordinance.
Motion to Continue past the 10:00 p.m. tentative adjournment time. Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.
Vote to Continue past the 10:00 p.m. tentative adjournment time. (Approved)
Mayor Pro Tem Foat requested the City Attorney address the restrictions of the City to be able to regulate the private property of individuals, requested staff address who may be subject to the violation penalties, insurance requirements, and expressed concerns with respect to the signs, trash, and the property owner notification of a violation.
Councilmember Mills recommended the trash requirement be titled walk-in service, commented on the sign requirements v. a mailing requirement, daytime occupants, and the prohibition of outside noise and amplification.
Mayor Pougnet commented on the sign requirement, fines and fees, and a "trigger" to notify the City of problem properties.
Motion to Direct staff to incorporate the City Council discussion points [eliminate the sign requirement and replace with a mail notification which includes a copy of the ordinance with the mailing, allowing a maximum occupancy of 4 in a studio unit, adding insurance requirements, require a "good neighbor" be distributed to renters in addition to the posting of rules and regulations at the property, require City notification of change of address and of the Agency if they lose a contract, replace highest trash service as "walk-in" service, and include a "trigger" that requires the Agency to notify the City of consistent problems and/or calls with a property] and return with a revised ordinance. Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to Direct staff to incorporate the City Council discussion points [eliminate the sign requirement and replace with a mail notification which includes a copy of the ordinance with the mailing, allowing a maximum occupancy of 4 in a studio unit, adding insurance requirements, require a "good neighbor" be distributed to renters in addition to the posting of rules and regulations at the property, require City notification of change of address and of the Agency if they lose a contract, replace highest trash service as "walk-in" service, and include a "trigger" that requires the Agency to notify the City of consistent problems and/or calls with a property] and return with a revised ordinance. (Approved)
3.B. PROPOSED ORDINANCE RELATING TO EVENT HOUSES:
Staff Report Item 3.B.
City Attorney Holland provided background information as outlined in the staff report dated July 30, 2008.
Mayor Pro Tem Foat commented on the definition of an event, and limiting the definition of an event.
Councilmember Weigel commented on the signs, and the necessity of the sign since a responsible person must be present, and requested clarification on the notice.
Councilmember Hutcheson commented on the time required to submit an application for an event, the sign requirements with respect to the event house, and on a waiver for three events with no complaints.
Mayor Pougnet expressed his concern with the maximum number of events, and the signage requirements.
Councilmember Mills expressed concern with the maximum number of permits, with the amount of time to submit an event application, and with the sign requirements.
Mayor Pro Tem Foat commented on the maximum number of allowable events.
Motion to 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1745, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.75 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO EVENT HOUSES
;" amending the ordinance to provide for the posting of signage during the event, or mail notification to properties 300 feet from the event house, amend the application for permit to 60-days, and remove the maximum number of events at the discretion of the City Manager.
Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1745, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.75 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO EVENT HOUSES
;" amending the ordinance to provide for the posting of signage during the event, or mail notification to properties 300 feet from the event house, amend the application for permit to 60-days, and remove the maximum number of events at the discretion of the City Manager.
(Approved)
3.C. PROPOSED ORDINANCE RELATING TO VACANT AND BOARDED BUILDINGS:
Staff Report Item 3.C.
City Attorney Holland provided background information as outlined in the staff report dated July 30, 2008.
Councilmember Mills commented on the posting of signage.
Councilmember Hutcheson questioned if an inspection is required, the dressing up of windows, and recommended the monitoring fee on a monthly or quarterly basis.
Mayor Pro Tem Foat requested clarification on who is responsible for inspection on foreclosed properties.
Councilmember Mills expressed concern with the posting requirement.
Councilmember Weigel stated this is a training issue for all City Departments and staff.
Motion to 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1746, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.80 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF VACANT AND BOARDED BUILDINGS AS PUBLIC NUISANCES." Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1746, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.80 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF VACANT AND BOARDED BUILDINGS AS PUBLIC NUISANCES." (Approved)
The City Council recessed at 11:13 p.m.
The City Council reconvened at 11:18 p.m.
4. UNFINISHED BUSINESS:
4.A. UPDATE ON SPECIFIC PLAN FOR MUSEUM MARKET PLAZA:
Staff Report Item 4.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 30, 2008.
Councilmember Hutcheson requested the Park component of the project be considered as equally important component of the project.
Councilmember Weigel requested staff address the purpose of the alternatives based on the EIR.
Mayor Pro Tem Foat requested staff address the preferred alternative as opposed to the less impact alternative.
No action taken.
5. NEW BUSINESS:
5.A. ADOPTION OF A RESOLUTION CONSENTING TO THE CREATION OF A MULTI-JURISDICTIONAL TOURISM BUSINESS IMPROVEMENT DISTRICT:
Staff Report Item 5.A.
City Manager Ready provided background information as outlined in the staff report dated July 30, 2008.
Motion to 1) Adopt Resolution No. 22327, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONSENTING TO THE OPERATION OF A MULTI-JURISDICTIONAL TOURISM BUSINESS IMPROVEMENT DISTRICT;" and 2) Authorize the City Manager to execute all necessary documents. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to 1) Adopt Resolution No. 22327, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONSENTING TO THE OPERATION OF A MULTI-JURISDICTIONAL TOURISM BUSINESS IMPROVEMENT DISTRICT;" and 2) Authorize the City Manager to execute all necessary documents. (Approved)
Councilmember Hutcheson, Mayor Pro Tem Foat, and Mayor Pougnet stated they have a property ownership conflict of interest with respect to Item 5.B. Invoking the rule of necessity to reach a quorum, lots were drawn, and it was determined Mayor Pougnet would hear the Item. Councilmember Hutcheson and Mayor Pro Tem Foat left Council Chamber.
5.B. CHANGE ORDER NO. 1 TO AGREEMENT NO. A5700 WITH GRANITE CONSTRUCTION COMPANY, FOR THE FISCAL YEAR 2007-08 ANNUAL ARHM OVERLAY, CP 07-17:
Staff Report Item 5.B.
David Barakian, City Engineer, provided background information as outlined in the staff report dated July 30, 2008.
Councilmember Mills stated the revised change order is now over the original Engineers Report to maximize the benefit and the number of streets to be rehabilitated.
Motion to approve 1) Approve Change Order No. 1 to Agreement No. A5700 with Granite Construction Company, in the amount of $445,684. for a revised total contract amount of $1,444,544. for the Fiscal Year 2007-08 Annual ARHM Overlay, CP 07-17; and 2) Authorize the City Manager to execute all necessary documents. A5700. Moved by Councilmember Mills, seconded by Councilmember Weigel.
Vote to approve 1) Approve Change Order No. 1 to Agreement No. A5700 with Granite Construction Company, in the amount of $445,684. for a revised total contract amount of $1,444,544. for the Fiscal Year 2007-08 Annual ARHM Overlay, CP 07-17; and 2) Authorize the City Manager to execute all necessary documents. A5700. (Approved) (Recorded at 05:27:32)
Councilmember Hutcheson and Mayor Pro Tem Foat returned to the dais.
5.C. AWARD BID IFB 08-05 FOR PALM TREE TRIMMING AT VARIOUS LOCATIONS IN THE CITY:
Staff Report Item 5.C.
Sharon Heider, Director of Parks and Recreation, provided background information as outlined in the staff report dated July 30, 2008.
Mayor Pougnet stated the City Council should award the bid for the Schedule A, as the City Council continues the discussion on the overall policy.
Motion to 1) Award Bid 08-05 to Orozco Landscaping & Tree Inc., Schedule A, the base bid per existing practice for palm tree trimming at various locations in the City of Palm Springs based on unit prices per tree for an amount not-to-exceed $57,417; and 2) Direct staff to prepare a resolution for City Council consideration modifying the current Palm Tree Trimming Policy. Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to 1) Award Bid 08-05 to Orozco Landscaping & Tree Inc., Schedule A, the base bid per existing practice for palm tree trimming at various locations in the City of Palm Springs based on unit prices per tree for an amount not-to-exceed $57,417; and 2) Direct staff to prepare a resolution for City Council consideration modifying the current Palm Tree Trimming Policy. (Approved)
Councilmember Weigel stated he has a property ownership conflict of interest with respect to Item 5.D., stated he would not participate in the discussion or the vote, and left Council Chamber.
5.D. AUTHORIZE STAFF TO PREPARE AMENDMENT NO. 1 TO SUBDIVISION IMPROVEMENT AGREEMENT NO. A4955 WITH IRP EL PORTAL ASSOCIATES, LLC, FOR TRACT MAP 30050 (ALTA) RELIEVING THE CITY, COMMUNITY REDEVELOPMENT AGENCY, AND DEVELOPER FROM THE OBLIGATION TO FUND AND CONSTRUCT CERTAIN FLOOD CONTROL IMPROVEMENTS ON SOUTH PALM CANYON DRIVE AND RELEASING NINE RESTRICTED LOTS IN THE TRACT FOR SALE AND DEVELOPMENT:
Staff Report Item 5.D.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated July 30, 2008.
Motion to approve Authorize staff to prepare Amendment No. 1 to Subdivision Improvement Agreement No. A4955 with IRP El Portal Associates, LLC for Tract Map 30050 (Alta) relieving the City, Community Redevelopment Agency, and developer from the obligation to fund and construct flood control improvements on South Palm Canyon Drive and releasing nine restricted lots in the tract for sale and development. A4955. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to approve Authorize staff to prepare Amendment No. 1 to Subdivision Improvement Agreement No. A4955 with IRP El Portal Associates, LLC for Tract Map 30050 (Alta) relieving the City, Community Redevelopment Agency, and developer from the obligation to fund and construct flood control improvements on South Palm Canyon Drive and releasing nine restricted lots in the tract for sale and development. A4955. (Approved)
Councilmember Weigel returned to the dais.
5.E. APPROVE JOINING THE EASTERN RIVERSIDE COUNTY INTEROPERABILITY REGIONAL AUTHORITY (ERICA); APPOINT ONE MEMBER OF THE CITY COUNCIL AS THE CITY'S REPRESENTATIVE; WAIVE CODE REQUIREMENTS TO ALLOW SOLE SOURCE FOR PROCUREMENT OF MOTOROLA RADIO SYSTEM; INTRODUCE 911 EMERGENCY COMMUNICATIONS OPT OUT FEE; AND SET FEE PUBLIC HEARING DATE FOR SEPTEMBER 3, 2008:
Staff Report Item 5.E.
City Manager Ready provided background information as outlined in the staff report dated July 30, 2008.
Motion to 1) Approve the Joint Powers Authority (JPA) agreement authorizing the formation of a JPA with the cities of Palm Springs, Cathedral City, Indio, Desert Hot Springs, and Beaumont in a regional communications system known as Eastern Riverside County Interoperability Communications Authority (ERICA): 2) Appoint Councilmember Weigel to serve as the City’s representative on the JPA: 3) Waive the appropriate competitive requirements of the Municipal Code and authorize staff to negotiate a contract with Motorola, to be approved by the City Council, based upon their proposal for a cost of approximately $4 million to purchase equipment and integration services for the interoperable P-25 radio system, in conjunction with a contract for the backbone system with the City of Indio or ERICA for a cost not-to-exceed $1,444,000; 4) Waive the reading of the ordinance text in its entirety and read by title only, and introduce on first reading Ordinance No. 1747, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 3.39 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE EMERGENCY RESPONSE FEE ORDINANCE AND EMERGENCY RESPONSE FEE;" 5) Schedule a Public Hearing for September 3, 2008, to adopt a 911 Emergency Communications Opt Out Fee; 6) Authorize staff to explore funding alternatives for the Motorola proposal and the ERICA JPA and report back to the City Council for consideration; 7) Authorize the City Manager to execute all necessary JPA documents. A5713. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to 1) Approve the Joint Powers Authority (JPA) agreement authorizing the formation of a JPA with the cities of Palm Springs, Cathedral City, Indio, Desert Hot Springs, and Beaumont in a regional communications system known as Eastern Riverside County Interoperability Communications Authority (ERICA): 2) Appoint Councilmember Weigel to serve as the City’s representative on the JPA: 3) Waive the appropriate competitive requirements of the Municipal Code and authorize staff to negotiate a contract with Motorola, to be approved by the City Council, based upon their proposal for a cost of approximately $4 million to purchase equipment and integration services for the interoperable P-25 radio system, in conjunction with a contract for the backbone system with the City of Indio or ERICA for a cost not-to-exceed $1,444,000; 4) Waive the reading of the ordinance text in its entirety and read by title only, and introduce on first reading Ordinance No. 1747, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 3.39 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE EMERGENCY RESPONSE FEE ORDINANCE AND EMERGENCY RESPONSE FEE;" 5) Schedule a Public Hearing for September 3, 2008, to adopt a 911 Emergency Communications Opt Out Fee; 6) Authorize staff to explore funding alternatives for the Motorola proposal and the ERICA JPA and report back to the City Council for consideration; 7) Authorize the City Manager to execute all necessary JPA documents. A5713. (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Mills commented on the voting system results displaying early, and requested staff notify Casa de Oro HOA with respect to approvals required to modify their landscape plan as discussed by Charles Saks in Public Comment.
Mayor Pougnet stated the City needs to invest additional funds for Code Enforcement, and requested the City Manager review the funding and organization, and requested staff address the role of AAC, and directed staff to provide a reminder to the AAC and the code requirements for their purview.
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