Video index
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Councilmember Mills requested Item 2.B. be removed from the Consent Calendar for separate discussion.
Mayor Pro Tem Foat requested Item 2.B. be removed from the Consent Calendar for separate discussion.
Councilmember Weigel requested Item 2.E. be removed from the Consent Calendar for separate discussion.
Councilmember Hutcheson noted his abstention on Consent Calendar Item 2.H.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Mills, seconded by Councilmember Weigel.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. APPEAL BY ENDURE INVESTMENT, LLC, OF THE PLANNING COMMISSION’S ACTION OF JULY 23, 2008, UPHOLDING THE PLANNING COMMISSION’S DECISION OF A CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE SERVICE STATION AND CAR WASH FACILITY, WITH RESTRICTED HOURS OF OPERATION, LOCATED AT THE SOUTHEAST CORNER OF GENE AUTRY TRAIL AND MISSION DRIVE, CASE 5.1128:
Staff Report Item 1.A.
David Newell, Associate Planner, provided background information as outlined in the staff report dated September 17, 2008.
Mayor Pougnet opened the public hearing, and the following speaker addressed the City Council.
JONATHAN DOTY, Representing Applicant, commented on "flipping" of the site plan and the circulation plan, stated the tenant requires additional hours, and the Applicant would like to propose sound barrier walls and landscaping for additional hours.
No further speakers coming forward, the public hearing was closed.
The City Council discussed and/or commented on the following with respect to the project: inclusion and location of the proposed ATM machine and lighting, other similar businesses in the area with extended operating hours, detail of the Planning Commission discussion of limiting the hours, a provision to allow a 24-hour car wash, limited the operational hours to 7:00 a.m. to 9:00 p.m., installation of sound walls and additional landscaping.
Motion to Direct staff to prepare a resolution for City Council adoption that grants the appeal and overrules the Planning Commission decision, approves the Conditional Use Permit allowing the 24-hour operation of the car wash and with extended operating hours from 7:00 a.m. to 9:00 p.m., revise the landscape and/or site plan to provide additional screening and/or sound walls subject to review, and the relocation of the ATM machine. Moved by Mayor Pro Tem Foat, seconded by Councilmember Hutcheson.
Vote to Direct staff to prepare a resolution for City Council adoption that grants the appeal and overrules the Planning Commission decision, approves the Conditional Use Permit allowing the 24-hour operation of the car wash and with extended operating hours from 7:00 a.m. to 9:00 p.m., revise the landscape and/or site plan to provide additional screening and/or sound walls subject to review, and the relocation of the ATM machine. (Approved)
1.B. JAMES CIOFFI FOR NICHOLS PROPERTIES, INC. FOR TENTATIVE TRACT MAP 35999 AND PLANNED DEVELOPMENT DISTRICT 327 TO ESTABLISH NEW DEVELOPMENT STANDARDS FOR A MIXED-USE PROJECT AT 901 NORTH PALM CANYON DRIVE:
Staff Report Item 1.B.
Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated September 17, 2008.
Councilmember Hutcheson requested staff address the extent of the modifications to the project based on the neighborhood input.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
JAMES CIOFFI, Representing Applicant, provided a history of the approval of the project and the elimination of the pools and decking, and requested the City Council approve the project.
PEGGY REDMON, Representing the HOA, commented on the lack of notice and concerns of the immediate neighbors.
GED KENSLEA, Palm Springs, requested the City Council defer any action and refer back to the Planning Commission for lack of notice.
JAMES CIOFFI, Rebuttal, stated the project has two approvals by the City Planning Commission, and the plans were reviewed by the HOA Board.
No further speakers coming forward, the public hearing was closed.
Mayor Pougnet requested staff address the noticing of the hearing.
Councilmember Mills requested the Applicant address the landscape plan and the location of the planters and the surrounding sidewalks.
Mayor Pro Tem Foat requested the Applicant address the modifications to the plan since the last meeting with the HOA.
Councilmember Mills requested staff address the zoning of the property, and the allowable setback.
Councilmember Hutcheson commented on the initial project, and the improvements made to accommodate the adjacent HOA complex.
Motion to Adopt Resolution No. 22335,"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1110, TENTATIVE TRACT MAP 35999 FOR CONDOMINIUM PURPOSES AND PLANNED DEVELOPMENT DISTRICT 327 FOR THE DEVELOPMENT OF A MIXED-USE DEVELOPMENT COMPRISED OF RESIDENTIAL AND COMMERCIAL CONDOMINIUM UNITS AT 901 NORTH PALM CANYON DRIVE." Moved by Councilmember Mills, seconded by Councilmember Weigel.
Vote to Adopt Resolution No. 22335,"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1110, TENTATIVE TRACT MAP 35999 FOR CONDOMINIUM PURPOSES AND PLANNED DEVELOPMENT DISTRICT 327 FOR THE DEVELOPMENT OF A MIXED-USE DEVELOPMENT COMPRISED OF RESIDENTIAL AND COMMERCIAL CONDOMINIUM UNITS AT 901 NORTH PALM CANYON DRIVE." (Approved)
1.C. O & M TAHQUITZ, LLC, FOR A MIXED-USE DEVELOPMENT CONSISTING OF TWO HOTELS OF UP TO 306 ROOMS AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND HERMOSA DRIVE, CASE 5.1160, PDD 341, TENTATIVE PARCEL MAP 35989, TAHQUITZ/HERMOSA HOTELS, SECTION 14:
Staff Report Item 1.C.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated September 17, 2008.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Councilmember Mills requested staff address the height of the courtyard setback, and requested the screening be provided with a 42 inch wall.
Councilmember Hutcheson commented on the hotels and the proximity near the Convention Center.
Mayor Pro Tem Foat requested the Applicant address the theme of the architecture, and requested staff review the possibility of a sidewalk on the City owned property adjacent to the project and the Convention Center.
Motion to Adopt Resolution No. 22336, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING PRELIMINARY PLANNED DEVELOPMENT DISTRICT 341 (PDD 341) AND TENTATIVE PARCEL MAP 35989 FOR A MIXED-USE DEVELOPMENT CONSISTING OF TWO HOTELS, RETAIL/COMMERCIAL, AND OFFICE SPACE PROJECT ON AN APPROXIMATE 9.93-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND HERMOSA DRIVE;" amending the conditions of approval to incorporate the Conditions requested by the Tribe, subject to final review of the Tribal Conditions at the time of the final Planned Development District. Moved by Councilmember Weigel, seconded by Councilmember Hutcheson.
Vote to Adopt Resolution No. 22336, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING PRELIMINARY PLANNED DEVELOPMENT DISTRICT 341 (PDD 341) AND TENTATIVE PARCEL MAP 35989 FOR A MIXED-USE DEVELOPMENT CONSISTING OF TWO HOTELS, RETAIL/COMMERCIAL, AND OFFICE SPACE PROJECT ON AN APPROXIMATE 9.93-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND HERMOSA DRIVE;" amending the conditions of approval to incorporate the Conditions requested by the Tribe, subject to final review of the Tribal Conditions at the time of the final Planned Development District. (Approved)
1.D. NUISANCE ABATEMENT HEARING REGARDING THE PROPERTY LOCATED AT 1507 EAST SAN JACINTO WAY:
Staff Report Item 1.D.
Don Duckworth, Director of Building and Safety, provided background information as outlined in the staff report dated September 17, 2008.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
TIMOTHY SIGLE, Palm Springs, stated his property backs up to the subject property, and requested the City Council abate the nuisance.
JEANE WHITE, Palm Springs, stated she has had to call the Police Dept due to the activities at the subject property, and requested the City Council abate the nuisance.
JIM FRANKLIN, requested the City Council order the removal and abatement of the house.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Foat requested the City Attorney address the amount of time to declare this property a nuisance.
Councilmember Weigel stated the City Council is concerned with blight, and highlighted the two ordinances on the Agenda to deal with blighted properties.
Councilmember Mills commented on the two ordinances on the Agenda that will allow a more timely process to deal with blighted properties.
Councilmember Hutcheson stated the City will have additional tools to address these types of nuisance and abatement issues.
Motion to Adopt Resolution No. 22337, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING THAT CERTAIN BUILDING LOCATED AT 1507 EAST SAN JACINTO WAY, PALM SPRINGS, CALIFORNIA, APN 507-246-004, IS SUBSTANDARD AND A NUISANCE PURSUANT TO THE CALIFORNIA HEALTH AND SAFETY CODE CALIFORNIA CODE OF REGULATIONS, UNIFORM HOUSING CODE AND PALM SPRINGS MUNICIPAL CODE AND ORDERING THAT CERTAIN BUILDING LOCATED AT 1507 EAST SAN JACINTO WAY, PALM SPRINGS, CALIFORNIA, TO BE REPAIRED, ABATED OR DEMOLISHED." Moved by Councilmember Weigel, seconded by Councilmember Hutcheson.
Vote to Adopt Resolution No. 22337, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING THAT CERTAIN BUILDING LOCATED AT 1507 EAST SAN JACINTO WAY, PALM SPRINGS, CALIFORNIA, APN 507-246-004, IS SUBSTANDARD AND A NUISANCE PURSUANT TO THE CALIFORNIA HEALTH AND SAFETY CODE CALIFORNIA CODE OF REGULATIONS, UNIFORM HOUSING CODE AND PALM SPRINGS MUNICIPAL CODE AND ORDERING THAT CERTAIN BUILDING LOCATED AT 1507 EAST SAN JACINTO WAY, PALM SPRINGS, CALIFORNIA, TO BE REPAIRED, ABATED OR DEMOLISHED." (Approved)
The City Council recessed at 8:16 p.m.
The City Council reconvened at 8:24 p.m.
PUBLIC COMMENT:
JAN CAMPBELL, Palm Springs, commented on the Mayor's Plan for a Sustainable Community.
BOB BOGARD, commented on Special Event Funding, and requested funding for Modernism Week and the benefits to the City.
CHARLES SACHS, commented on the removal of trees at Casa De Oro.
ED TORRES, PSEDC, commented on Item 5.B., and stated the PSEDC is looking forward to working with the City toward a sustainable community.
GED KENSLEA, commented on Item 1.B. regarding the notice problem and characterized the meeting with the Developer.
PAUL MERRIGAN, commented on Item 5.A., Special Event Funding, and requested support for the Desert Classic Concours.
COUNCILMEMBER COMMENTS:
Mayor Pro Tem Foat requested staff address the concerns of Mr. Charles Sachs with the removal of trees.
Councilmember Hutcheson requested the City Manager provide the City Council an update on the development/construction of Milo Drive.
Mayor Pougnet addressed comments and concerns on sustainability issues.
CITY MANAGER'S REPORT:
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.C., 2.D., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., and 2.L. Moved by Mayor Pro Tem Foat, seconded by Councilmember Weigel.
Vote to approve Approve Items 2.A., 2.C., 2.D., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., and 2.L. (Approved)
2.A. REPORT ON POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.C.
2.D. STAFF AUTHORIZED AGREEMENTS FOR AUGUST 2008:
Staff Report Item 2.D.
2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1745, RELATING TO EVENT HOUSES:
Staff Report Item 2.F.
2.G. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1746, RELATING TO VACANT AND BOARDED BUILDINGS:
Staff Report Item 2.G.
2.H. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1748, RELATING TO VACATION RENTALS:
Staff Report Item 2.H.
2.I. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1749, RELATING TO SKATE PARK REGULATIONS:
Staff Report Item 2.I.
2.J. RUNWAY 31L/13R PAINT REMOVAL AT THE PALM SPRINGS INTERNATIONAL AIRPORT:
Staff Report Item 2.J.
2.K. APPROVE AN AGREEMENT FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF GENE AUTRY TRAIL AND VISTA CHINO FOR THE GENE AUTRY TRAIL GATEWAY LANDSCAPING IMPROVEMENTS, CP 06-03:
Staff Report Item 2.K.
2.L. APPROVE THE DONATION OF TWO SURPLUS CITY VEHICLES TO THE PUBLIC SAFETY ACADEMY AT COLLEGE OF THE DESERT:
Staff Report Item 2.L.
EXCLUDED CONSENT CALENDAR:
2.B. APPROVE THE WASTEWATER TREATMENT PLANT SECURITY PERIMETER FENCE DESIGN NOTICE TO PROCEED TO VEOLIA WATER NORTH AMERICA-WEST, LLC:
Staff Report Item 2.B.
Councilmember Mills requested staff address the type of fence as approved.
Mayor Pro Tem Foat requested staff address the type of fence, and the proximity to the Animal Shelter site.
Motion to approve Approve a Notice to Proceed to Veolia Water North America-West, LLC, in the amount of $29,096 for final design of a security perimeter fence around the wastewater treatment plant, CP 08-11. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve Approve a Notice to Proceed to Veolia Water North America-West, LLC, in the amount of $29,096 for final design of a security perimeter fence around the wastewater treatment plant, CP 08-11. (Approved) (Recorded at 02:41:32)
2.E. TREASURER'S INVESTMENT REPORT AS OF JULY 31, 2008:
Staff Report Item 2.E.
Councilmember Weigel requested staff address the safety of the City's investments.
Motion to Receive and File the Treasurer’s Investment Report as of July 31, 2008. Moved by Councilmember Hutcheson, seconded by Councilmember Mills.
Vote to Receive and File the Treasurer’s Investment Report as of July 31, 2008. (Approved)
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE RELATING TO DOGS IN CITY PARKS:
Staff Report Item 3.A.
Sharon Heider, Director of Parks and Recreation, provided background information as outlined in the staff report dated September 17, 2008.
Motion to 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1750, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING SECTION 11.44.100 OF THE PALM SPRINGS MUNICIPAL CODE, PROHIBITING DOGS IN PARKS AND RECREATION AREAS." 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; 2) Introduce on first reading Ordinance No. 1750, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING SECTION 11.44.100 OF THE PALM SPRINGS MUNICIPAL CODE, PROHIBITING DOGS IN PARKS AND RECREATION AREAS." (Approved)
4. UNFINISHED BUSINESS:
5. NEW BUSINESS:
5.A. SPECIAL EVENT GRANT FUNDING FOR FISCAL YEAR 2008-09:
Staff Report Item 5.A.
City Manager Ready provided background information as outlined in the staff report dated September 17, 2008.
Mayor Pougnet stated it would be fiscally prudent to delay funding of some for the events.
Councilmember Mills requested the City Council consider partially funding the Desert Classic Concours in the amount of $10,000.
Councilmember Weigel requested the City Council make a decision to fund the Desert Classic Concours in the amount of $15,000 or $20,000.
Councilmember Hutcheson requested the City Council consider funding the Desert AIDS Walk.
Mayor Pro Tem Foat recommended the City fund the Desert Classic Concours in the amount of $20,000, and fund the Opera in the Park.
Motion to 1) Fund the Palm Springs Pride Festival in the amount of $20,000 ($7,500 is unallocated), Opera in the Park for $5,000 ($1,150 is unallocated), Desert AIDS Walk in the amount of $7,500 ($7,500 is unallocated), Tour de Palm Springs in the amount of $25,000 ($7,000 is unallocated), Desert Classic Concours in the amount of $10,000 ($10,000 is unallocated); 2) Direct and Authorize the City Treasurer/Finance Director to allocate $33,150 from un-allocated Special Event Funding; and 3) Authorize the City Manager to execute any necessary documents. Moved by Mayor Pougnet, seconded by Councilmember Mills.
Vote to 1) Fund the Palm Springs Pride Festival in the amount of $20,000 ($7,500 is unallocated), Opera in the Park for $5,000 ($1,150 is unallocated), Desert AIDS Walk in the amount of $7,500 ($7,500 is unallocated), Tour de Palm Springs in the amount of $25,000 ($7,000 is unallocated), Desert Classic Concours in the amount of $10,000 ($10,000 is unallocated); 2) Direct and Authorize the City Treasurer/Finance Director to allocate $33,150 from un-allocated Special Event Funding; and 3) Authorize the City Manager to execute any necessary documents. (Approved)
5.B. APPROVAL OF CONTRACTS FOR "SUSTAINABLE" MASTER PLAN CONSULTING SERVICES, COMMUNITY OUTREACH, AND OWNER'S REPRESENTATIVE SERVICES:
Staff Report Item 5.B.
City Manager Ready provided background information as outlined in the staff report dated September 17, 2008.
The City Council discussed and/or commented on the following with respect to the contract: the award of contracts to both PSEDC and Kay Hazen and the respective scope of services, PSEDC and the public outreach area, the concept of visioning in the Scope of Services with the firm of Cogan Owens Cogan, and the amount of funds being spent.
Motion to 1) Approve award of a contract for consulting services in an amount not-to-exceed $132,600 to Cogan Owens Cogan for professional consulting services to develop a Sustainability Master Plan; 2) Authorize the City Manager to negotiate and execute a professional services agreement with Palm Springs Economic Development Corporation (PSEDC) for an amount not-to-exceed $35,000 for community outreach and workshop facilitation in support of the Sustainability Master Planning effort; 3) Authorize the City Manager to execute a professional services agreement with Kay Hazen and Co., in an amount not-to-exceed $30,000 for owner’s representative coordination services of the City’s Sustainability Master Plan process; 4) Adopt Resolution No. 22343, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2008-09;" and 5) Authorize the City Manager to execute all necessary documents. A5723. A5724. A5725. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to 1) Approve award of a contract for consulting services in an amount not-to-exceed $132,600 to Cogan Owens Cogan for professional consulting services to develop a Sustainability Master Plan; 2) Authorize the City Manager to negotiate and execute a professional services agreement with Palm Springs Economic Development Corporation (PSEDC) for an amount not-to-exceed $35,000 for community outreach and workshop facilitation in support of the Sustainability Master Planning effort; 3) Authorize the City Manager to execute a professional services agreement with Kay Hazen and Co., in an amount not-to-exceed $30,000 for owner’s representative coordination services of the City’s Sustainability Master Plan process; 4) Adopt Resolution No. 22343, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2008-09;" and 5) Authorize the City Manager to execute all necessary documents. A5723. A5724. A5725. (Approved)
5.C. DISCUSS THE IMPLEMENTATION OF AN ENERGY EFFICIENCY LOAN PROGRAM (AB811), AMENDING THE BUDGET TO FUND THE PROGRAM AND ESTABLISH THE ENERGY EFFICIENCY LOAN PROGRAM FUND:
Staff Report Item 5.C.
City Manager Ready provided background information as outlined in the staff report dated September 17, 2008.
The City Council discussed staff resources and suggested the loan process be implemented with an outside administrator.
Motion to 1) Direct staff to finalize the loan parameters and the Energy Efficiency Loan Program policies, procedures and qualifications; and 2) Adopt Resolution No. 22344, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A NEW FUND TO BE TITLED
THE ENERGY
EFFICIENCY LOAN PROGRAM FUND
AND THE CREATION OF APPROPRIATE ACTIVITIES, COST CENTERS, AND ACCOUNT NUMBERS, AND AMENDING THE BUDGET FOR FISCAL YEAR 2008-09 TO FUND THE ENERGY EFFICIENCY LOAN PROGRAM." Moved by Mayor Pro Tem Foat, seconded by Councilmember Weigel.
Vote to 1) Direct staff to finalize the loan parameters and the Energy Efficiency Loan Program policies, procedures and qualifications; and 2) Adopt Resolution No. 22344, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A NEW FUND TO BE TITLED
THE ENERGY
EFFICIENCY LOAN PROGRAM FUND
AND THE CREATION OF APPROPRIATE ACTIVITIES, COST CENTERS, AND ACCOUNT NUMBERS, AND AMENDING THE BUDGET FOR FISCAL YEAR 2008-09 TO FUND THE ENERGY EFFICIENCY LOAN PROGRAM." (Approved)
5.D. ALTERNATIVE FUEL VEHICLE PROCUREMENT POLICY:
Staff Report Item 5.D.
David Barakian, City Engineer, provided background information as outlined in the staff report dated September 17, 2008.
The City Council discussed and/or commented on the following with respect to the Alternative Fuel Vehicle Procurement Policy: the determination to use on CNG Vehicles, the use of non-polluting vehicles, the availability of CNG at this time, the addition of adding other components or types of technology in the future, the cost difference between CNG and regular vehicles, and the investment of the City toward clean vehicles.
Motion to Approve the alternative fuel vehicle policy guideline for purchasing new and replacement vehicles for the City’s fleet as follows:
"The City will attempt to meet all of its vehicle needs through the competitive procurement process, with vehicles that use, or can be properly equipped to use Compressed Natural Gas (CNG)."
Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.
Vote to Approve the alternative fuel vehicle policy guideline for purchasing new and replacement vehicles for the City’s fleet as follows:
"The City will attempt to meet all of its vehicle needs through the competitive procurement process, with vehicles that use, or can be properly equipped to use Compressed Natural Gas (CNG)."
(Approved)
5.E. RESOLUTION IN OPPOSITION TO PROPOSITION 7,
THE RENEWABLE ENERGY STATUTE INITIATIVE
, FOR THE NOVEMBER 4, 2008, CALIFORNIA GENERAL ELECTION :
Staff Report Item 5.E.
City Manager Ready and Mayor Pougnet provided background information as outlined in the staff report dated September 17, 2008.
The City Council discussed and/or commented on the following with respect to the proposed measure: effect on the City of Palm Springs, and placing Items on the agenda with the predetermined disposition.
Motion to Adopt Resolution No. 22345, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN OPPOSITION TO PROPOSITION 7,
THE RENEWABLE ENERGY STATUTE INITIATIVE
, FOR THE NOVEMBER 4, 2008, CALIFORNIA GENERAL ELECTION." Moved by Mayor Pougnet, seconded by Councilmember Hutcheson.
Vote to Adopt Resolution No. 22345, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN OPPOSITION TO PROPOSITION 7,
THE RENEWABLE ENERGY STATUTE INITIATIVE
, FOR THE NOVEMBER 4, 2008, CALIFORNIA GENERAL ELECTION." (Approved)
5.F. RESOLUTION IN OPPOSITION TO PROPOSITION 8,
THE CALIFORNIA MARRIAGE PROTECTION ACT
, FOR THE NOVEMBER 4, 2008, CALIFORNIA GENERAL ELECTION:
Staff Report Item 5.F.
City Manager Ready provided background information as outlined in the staff report dated September 17, 2008.
The City Council discussed and/or commented on the following with respect to the proposed measure: lack of effect on the City of Palm Springs, placing Items on the agenda with the predetermined disposition, the City Council taking positions on measures dealing with personal preferences that may polarize the community, the positive economic impact to the City and civil rights guarantees of the proposed measure.
Motion to Withdraw the Item from the Agenda. Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to Withdraw the Item from the Agenda. (Declined)
Motion to Adopt Resolution No. 22346, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN OPPOSITION TO PROPOSITION 8,
THE CALIFORNIA MARRIAGE PROTECTION ACT
, FOR THE NOVEMBER 4, 2008, CALIFORNIA GENERAL ELECTION." Moved by Mayor Pro Tem Foat, seconded by Mayor Pougnet.
Vote to Adopt Resolution No. 22346, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN OPPOSITION TO PROPOSITION 8,
THE CALIFORNIA MARRIAGE PROTECTION ACT
, FOR THE NOVEMBER 4, 2008, CALIFORNIA GENERAL ELECTION." (Approved)
5.G. LEAGUE OF CALIFORNIA CITIES' STATE BUDGET RESOLUTION REQUEST:
Staff Report Item 5.G.
City Manager Ready provided background information as outlined in the staff report dated September 17, 2008.
Motion to Adopt Resolution No. 22347, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OPPOSING FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD BORROW LOCAL GOVERNMENT, REDEVELOPMENT, AND TRANSPORTATION FUNDS." Moved by Councilmember Mills, seconded by Mayor Pougnet.
Vote to Adopt Resolution No. 22347, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OPPOSING FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD BORROW LOCAL GOVERNMENT, REDEVELOPMENT, AND TRANSPORTATION FUNDS." (Approved)
ACTION:
Continue past the 10:00 p.m. tentative adjournment time.
By consensus of the City Council.
5.H. PUBLIC BENEFITS FOR PLANNED DEVELOPMENT DISTRICTS:
Staff Report Item 5.H.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated September 17, 2008.
Councilmember Hutcheson stated that the use of PDD's are very beneficial and useful tools, but they could be used as loopholes to the zoning laws, and recommends that developers be required to provide a benefit back to the City, and introduced a new paragraph 5 toward the policy.
Councilmember Weigel stated his support for the proposed new paragraph 5 as drafted by Councilmember Hutcheson.
Councilmember Mills stated the City Council did not take action during prior discussions to further define public benefit, recommended that such be referred back to the Planning Commission, and stated that the use of the PDD itself makes a better project and does not need or require further public benefits.
Councilmember Weigel suggested that verbiage be added with respect to the type of benefits that a developer may choose, and stated that all or none of these of the suggested benefits will not necessarily determine that the PDD will be approved.
Mayor Pro Tem Foat stated the proposal is not a check list but a menu for developers to choose from.
Motion to Adopt the Planned Developments and the Requirements for Public Benefits Policy Statement, amending Section 5 as drafted by Councilmember Hutcheson. Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Foat.
Vote to Adopt the Planned Developments and the Requirements for Public Benefits Policy Statement, amending Section 5 as drafted by Councilmember Hutcheson. (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pougnet commented on alternatives to scalping grass, and requested the City Manager review and correct the oleander hedge on Civic Drive.
ADJOURNMENT:
Sep 17, 2008 City Council Meeting
Full agenda
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Councilmember Mills requested Item 2.B. be removed from the Consent Calendar for separate discussion.
Mayor Pro Tem Foat requested Item 2.B. be removed from the Consent Calendar for separate discussion.
Councilmember Weigel requested Item 2.E. be removed from the Consent Calendar for separate discussion.
Councilmember Hutcheson noted his abstention on Consent Calendar Item 2.H.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Mills, seconded by Councilmember Weigel.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. APPEAL BY ENDURE INVESTMENT, LLC, OF THE PLANNING COMMISSION’S ACTION OF JULY 23, 2008, UPHOLDING THE PLANNING COMMISSION’S DECISION OF A CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE SERVICE STATION AND CAR WASH FACILITY, WITH RESTRICTED HOURS OF OPERATION, LOCATED AT THE SOUTHEAST CORNER OF GENE AUTRY TRAIL AND MISSION DRIVE, CASE 5.1128:
Staff Report Item 1.A.
David Newell, Associate Planner, provided background information as outlined in the staff report dated September 17, 2008.
Mayor Pougnet opened the public hearing, and the following speaker addressed the City Council.
JONATHAN DOTY, Representing Applicant, commented on "flipping" of the site plan and the circulation plan, stated the tenant requires additional hours, and the Applicant would like to propose sound barrier walls and landscaping for additional hours.
No further speakers coming forward, the public hearing was closed.
The City Council discussed and/or commented on the following with respect to the project: inclusion and location of the proposed ATM machine and lighting, other similar businesses in the area with extended operating hours, detail of the Planning Commission discussion of limiting the hours, a provision to allow a 24-hour car wash, limited the operational hours to 7:00 a.m. to 9:00 p.m., installation of sound walls and additional landscaping.
Motion to Direct staff to prepare a resolution for City Council adoption that grants the appeal and overrules the Planning Commission decision, approves the Conditional Use Permit allowing the 24-hour operation of the car wash and with extended operating hours from 7:00 a.m. to 9:00 p.m., revise the landscape and/or site plan to provide additional screening and/or sound walls subject to review, and the relocation of the ATM machine. Moved by Mayor Pro Tem Foat, seconded by Councilmember Hutcheson.
Vote to Direct staff to prepare a resolution for City Council adoption that grants the appeal and overrules the Planning Commission decision, approves the Conditional Use Permit allowing the 24-hour operation of the car wash and with extended operating hours from 7:00 a.m. to 9:00 p.m., revise the landscape and/or site plan to provide additional screening and/or sound walls subject to review, and the relocation of the ATM machine. (Approved)
1.B. JAMES CIOFFI FOR NICHOLS PROPERTIES, INC. FOR TENTATIVE TRACT MAP 35999 AND PLANNED DEVELOPMENT DISTRICT 327 TO ESTABLISH NEW DEVELOPMENT STANDARDS FOR A MIXED-USE PROJECT AT 901 NORTH PALM CANYON DRIVE:
Staff Report Item 1.B.
Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated September 17, 2008.
Councilmember Hutcheson requested staff address the extent of the modifications to the project based on the neighborhood input.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
JAMES CIOFFI, Representing Applicant, provided a history of the approval of the project and the elimination of the pools and decking, and requested the City Council approve the project.
PEGGY REDMON, Representing the HOA, commented on the lack of notice and concerns of the immediate neighbors.
GED KENSLEA, Palm Springs, requested the City Council defer any action and refer back to the Planning Commission for lack of notice.
JAMES CIOFFI, Rebuttal, stated the project has two approvals by the City Planning Commission, and the plans were reviewed by the HOA Board.
No further speakers coming forward, the public hearing was closed.
Mayor Pougnet requested staff address the noticing of the hearing.
Councilmember Mills requested the Applicant address the landscape plan and the location of the planters and the surrounding sidewalks.
Mayor Pro Tem Foat requested the Applicant address the modifications to the plan since the last meeting with the HOA.
Councilmember Mills requested staff address the zoning of the property, and the allowable setback.
Councilmember Hutcheson commented on the initial project, and the improvements made to accommodate the adjacent HOA complex.
Motion to Adopt Resolution No. 22335,"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1110, TENTATIVE TRACT MAP 35999 FOR CONDOMINIUM PURPOSES AND PLANNED DEVELOPMENT DISTRICT 327 FOR THE DEVELOPMENT OF A MIXED-USE DEVELOPMENT COMPRISED OF RESIDENTIAL AND COMMERCIAL CONDOMINIUM UNITS AT 901 NORTH PALM CANYON DRIVE." Moved by Councilmember Mills, seconded by Councilmember Weigel.
Vote to Adopt Resolution No. 22335,"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1110, TENTATIVE TRACT MAP 35999 FOR CONDOMINIUM PURPOSES AND PLANNED DEVELOPMENT DISTRICT 327 FOR THE DEVELOPMENT OF A MIXED-USE DEVELOPMENT COMPRISED OF RESIDENTIAL AND COMMERCIAL CONDOMINIUM UNITS AT 901 NORTH PALM CANYON DRIVE." (Approved)
1.C. O & M TAHQUITZ, LLC, FOR A MIXED-USE DEVELOPMENT CONSISTING OF TWO HOTELS OF UP TO 306 ROOMS AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND HERMOSA DRIVE, CASE 5.1160, PDD 341, TENTATIVE PARCEL MAP 35989, TAHQUITZ/HERMOSA HOTELS, SECTION 14:
Staff Report Item 1.C.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated September 17, 2008.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Councilmember Mills requested staff address the height of the courtyard setback, and requested the screening be provided with a 42 inch wall.
Councilmember Hutcheson commented on the hotels and the proximity near the Convention Center.
Mayor Pro Tem Foat requested the Applicant address the theme of the architecture, and requested staff review the possibility of a sidewalk on the City owned property adjacent to the project and the Convention Center.
Motion to Adopt Resolution No. 22336, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING PRELIMINARY PLANNED DEVELOPMENT DISTRICT 341 (PDD 341) AND TENTATIVE PARCEL MAP 35989 FOR A MIXED-USE DEVELOPMENT CONSISTING OF TWO HOTELS, RETAIL/COMMERCIAL, AND OFFICE SPACE PROJECT ON AN APPROXIMATE 9.93-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND HERMOSA DRIVE;" amending the conditions of approval to incorporate the Conditions requested by the Tribe, subject to final review of the Tribal Conditions at the time of the final Planned Development District. Moved by Councilmember Weigel, seconded by Councilmember Hutcheson.
Vote to Adopt Resolution No. 22336, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING PRELIMINARY PLANNED DEVELOPMENT DISTRICT 341 (PDD 341) AND TENTATIVE PARCEL MAP 35989 FOR A MIXED-USE DEVELOPMENT CONSISTING OF TWO HOTELS, RETAIL/COMMERCIAL, AND OFFICE SPACE PROJECT ON AN APPROXIMATE 9.93-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND HERMOSA DRIVE;" amending the conditions of approval to incorporate the Conditions requested by the Tribe, subject to final review of the Tribal Conditions at the time of the final Planned Development District. (Approved)
1.D. NUISANCE ABATEMENT HEARING REGARDING THE PROPERTY LOCATED AT 1507 EAST SAN JACINTO WAY:
Staff Report Item 1.D.
Don Duckworth, Director of Building and Safety, provided background information as outlined in the staff report dated September 17, 2008.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
TIMOTHY SIGLE, Palm Springs, stated his property backs up to the subject property, and requested the City Council abate the nuisance.
JEANE WHITE, Palm Springs, stated she has had to call the Police Dept due to the activities at the subject property, and requested the City Council abate the nuisance.
JIM FRANKLIN, requested the City Council order the removal and abatement of the house.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Foat requested the City Attorney address the amount of time to declare this property a nuisance.
Councilmember Weigel stated the City Council is concerned with blight, and highlighted the two ordinances on the Agenda to deal with blighted properties.
Councilmember Mills commented on the two ordinances on the Agenda that will allow a more timely process to deal with blighted properties.
Councilmember Hutcheson stated the City will have additional tools to address these types of nuisance and abatement issues.
Motion to Adopt Resolution No. 22337, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING THAT CERTAIN BUILDING LOCATED AT 1507 EAST SAN JACINTO WAY, PALM SPRINGS, CALIFORNIA, APN 507-246-004, IS SUBSTANDARD AND A NUISANCE PURSUANT TO THE CALIFORNIA HEALTH AND SAFETY CODE CALIFORNIA CODE OF REGULATIONS, UNIFORM HOUSING CODE AND PALM SPRINGS MUNICIPAL CODE AND ORDERING THAT CERTAIN BUILDING LOCATED AT 1507 EAST SAN JACINTO WAY, PALM SPRINGS, CALIFORNIA, TO BE REPAIRED, ABATED OR DEMOLISHED." Moved by Councilmember Weigel, seconded by Councilmember Hutcheson.
Vote to Adopt Resolution No. 22337, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING THAT CERTAIN BUILDING LOCATED AT 1507 EAST SAN JACINTO WAY, PALM SPRINGS, CALIFORNIA, APN 507-246-004, IS SUBSTANDARD AND A NUISANCE PURSUANT TO THE CALIFORNIA HEALTH AND SAFETY CODE CALIFORNIA CODE OF REGULATIONS, UNIFORM HOUSING CODE AND PALM SPRINGS MUNICIPAL CODE AND ORDERING THAT CERTAIN BUILDING LOCATED AT 1507 EAST SAN JACINTO WAY, PALM SPRINGS, CALIFORNIA, TO BE REPAIRED, ABATED OR DEMOLISHED." (Approved)
The City Council recessed at 8:16 p.m.
The City Council reconvened at 8:24 p.m.
PUBLIC COMMENT:
JAN CAMPBELL, Palm Springs, commented on the Mayor's Plan for a Sustainable Community.
BOB BOGARD, commented on Special Event Funding, and requested funding for Modernism Week and the benefits to the City.
CHARLES SACHS, commented on the removal of trees at Casa De Oro.
ED TORRES, PSEDC, commented on Item 5.B., and stated the PSEDC is looking forward to working with the City toward a sustainable community.
GED KENSLEA, commented on Item 1.B. regarding the notice problem and characterized the meeting with the Developer.
PAUL MERRIGAN, commented on Item 5.A., Special Event Funding, and requested support for the Desert Classic Concours.
COUNCILMEMBER COMMENTS:
Mayor Pro Tem Foat requested staff address the concerns of Mr. Charles Sachs with the removal of trees.
Councilmember Hutcheson requested the City Manager provide the City Council an update on the development/construction of Milo Drive.
Mayor Pougnet addressed comments and concerns on sustainability issues.
CITY MANAGER'S REPORT:
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.C., 2.D., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., and 2.L. Moved by Mayor Pro Tem Foat, seconded by Councilmember Weigel.
Vote to approve Approve Items 2.A., 2.C., 2.D., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., and 2.L. (Approved)
2.A. REPORT ON POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.C.
2.D. STAFF AUTHORIZED AGREEMENTS FOR AUGUST 2008:
Staff Report Item 2.D.
2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1745, RELATING TO EVENT HOUSES:
Staff Report Item 2.F.
2.G. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1746, RELATING TO VACANT AND BOARDED BUILDINGS:
Staff Report Item 2.G.
2.H. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1748, RELATING TO VACATION RENTALS:
Staff Report Item 2.H.
2.I. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1749, RELATING TO SKATE PARK REGULATIONS:
Staff Report Item 2.I.
2.J. RUNWAY 31L/13R PAINT REMOVAL AT THE PALM SPRINGS INTERNATIONAL AIRPORT:
Staff Report Item 2.J.
2.K. APPROVE AN AGREEMENT FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF GENE AUTRY TRAIL AND VISTA CHINO FOR THE GENE AUTRY TRAIL GATEWAY LANDSCAPING IMPROVEMENTS, CP 06-03:
Staff Report Item 2.K.
2.L. APPROVE THE DONATION OF TWO SURPLUS CITY VEHICLES TO THE PUBLIC SAFETY ACADEMY AT COLLEGE OF THE DESERT:
Staff Report Item 2.L.
EXCLUDED CONSENT CALENDAR:
2.B. APPROVE THE WASTEWATER TREATMENT PLANT SECURITY PERIMETER FENCE DESIGN NOTICE TO PROCEED TO VEOLIA WATER NORTH AMERICA-WEST, LLC:
Staff Report Item 2.B.
Councilmember Mills requested staff address the type of fence as approved.
Mayor Pro Tem Foat requested staff address the type of fence, and the proximity to the Animal Shelter site.
Motion to approve Approve a Notice to Proceed to Veolia Water North America-West, LLC, in the amount of $29,096 for final design of a security perimeter fence around the wastewater treatment plant, CP 08-11. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve Approve a Notice to Proceed to Veolia Water North America-West, LLC, in the amount of $29,096 for final design of a security perimeter fence around the wastewater treatment plant, CP 08-11. (Approved) (Recorded at 02:41:32)
2.E. TREASURER'S INVESTMENT REPORT AS OF JULY 31, 2008:
Staff Report Item 2.E.
Councilmember Weigel requested staff address the safety of the City's investments.
Motion to Receive and File the Treasurer’s Investment Report as of July 31, 2008. Moved by Councilmember Hutcheson, seconded by Councilmember Mills.
Vote to Receive and File the Treasurer’s Investment Report as of July 31, 2008. (Approved)
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE RELATING TO DOGS IN CITY PARKS:
Staff Report Item 3.A.
Sharon Heider, Director of Parks and Recreation, provided background information as outlined in the staff report dated September 17, 2008.
Motion to 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1750, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING SECTION 11.44.100 OF THE PALM SPRINGS MUNICIPAL CODE, PROHIBITING DOGS IN PARKS AND RECREATION AREAS." 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; 2) Introduce on first reading Ordinance No. 1750, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING SECTION 11.44.100 OF THE PALM SPRINGS MUNICIPAL CODE, PROHIBITING DOGS IN PARKS AND RECREATION AREAS." (Approved)
4. UNFINISHED BUSINESS:
5. NEW BUSINESS:
5.A. SPECIAL EVENT GRANT FUNDING FOR FISCAL YEAR 2008-09:
Staff Report Item 5.A.
City Manager Ready provided background information as outlined in the staff report dated September 17, 2008.
Mayor Pougnet stated it would be fiscally prudent to delay funding of some for the events.
Councilmember Mills requested the City Council consider partially funding the Desert Classic Concours in the amount of $10,000.
Councilmember Weigel requested the City Council make a decision to fund the Desert Classic Concours in the amount of $15,000 or $20,000.
Councilmember Hutcheson requested the City Council consider funding the Desert AIDS Walk.
Mayor Pro Tem Foat recommended the City fund the Desert Classic Concours in the amount of $20,000, and fund the Opera in the Park.
Motion to 1) Fund the Palm Springs Pride Festival in the amount of $20,000 ($7,500 is unallocated), Opera in the Park for $5,000 ($1,150 is unallocated), Desert AIDS Walk in the amount of $7,500 ($7,500 is unallocated), Tour de Palm Springs in the amount of $25,000 ($7,000 is unallocated), Desert Classic Concours in the amount of $10,000 ($10,000 is unallocated); 2) Direct and Authorize the City Treasurer/Finance Director to allocate $33,150 from un-allocated Special Event Funding; and 3) Authorize the City Manager to execute any necessary documents. Moved by Mayor Pougnet, seconded by Councilmember Mills.
Vote to 1) Fund the Palm Springs Pride Festival in the amount of $20,000 ($7,500 is unallocated), Opera in the Park for $5,000 ($1,150 is unallocated), Desert AIDS Walk in the amount of $7,500 ($7,500 is unallocated), Tour de Palm Springs in the amount of $25,000 ($7,000 is unallocated), Desert Classic Concours in the amount of $10,000 ($10,000 is unallocated); 2) Direct and Authorize the City Treasurer/Finance Director to allocate $33,150 from un-allocated Special Event Funding; and 3) Authorize the City Manager to execute any necessary documents. (Approved)
5.B. APPROVAL OF CONTRACTS FOR "SUSTAINABLE" MASTER PLAN CONSULTING SERVICES, COMMUNITY OUTREACH, AND OWNER'S REPRESENTATIVE SERVICES:
Staff Report Item 5.B.
City Manager Ready provided background information as outlined in the staff report dated September 17, 2008.
The City Council discussed and/or commented on the following with respect to the contract: the award of contracts to both PSEDC and Kay Hazen and the respective scope of services, PSEDC and the public outreach area, the concept of visioning in the Scope of Services with the firm of Cogan Owens Cogan, and the amount of funds being spent.
Motion to 1) Approve award of a contract for consulting services in an amount not-to-exceed $132,600 to Cogan Owens Cogan for professional consulting services to develop a Sustainability Master Plan; 2) Authorize the City Manager to negotiate and execute a professional services agreement with Palm Springs Economic Development Corporation (PSEDC) for an amount not-to-exceed $35,000 for community outreach and workshop facilitation in support of the Sustainability Master Planning effort; 3) Authorize the City Manager to execute a professional services agreement with Kay Hazen and Co., in an amount not-to-exceed $30,000 for owner’s representative coordination services of the City’s Sustainability Master Plan process; 4) Adopt Resolution No. 22343, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2008-09;" and 5) Authorize the City Manager to execute all necessary documents. A5723. A5724. A5725. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to 1) Approve award of a contract for consulting services in an amount not-to-exceed $132,600 to Cogan Owens Cogan for professional consulting services to develop a Sustainability Master Plan; 2) Authorize the City Manager to negotiate and execute a professional services agreement with Palm Springs Economic Development Corporation (PSEDC) for an amount not-to-exceed $35,000 for community outreach and workshop facilitation in support of the Sustainability Master Planning effort; 3) Authorize the City Manager to execute a professional services agreement with Kay Hazen and Co., in an amount not-to-exceed $30,000 for owner’s representative coordination services of the City’s Sustainability Master Plan process; 4) Adopt Resolution No. 22343, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2008-09;" and 5) Authorize the City Manager to execute all necessary documents. A5723. A5724. A5725. (Approved)
5.C. DISCUSS THE IMPLEMENTATION OF AN ENERGY EFFICIENCY LOAN PROGRAM (AB811), AMENDING THE BUDGET TO FUND THE PROGRAM AND ESTABLISH THE ENERGY EFFICIENCY LOAN PROGRAM FUND:
Staff Report Item 5.C.
City Manager Ready provided background information as outlined in the staff report dated September 17, 2008.
The City Council discussed staff resources and suggested the loan process be implemented with an outside administrator.
Motion to 1) Direct staff to finalize the loan parameters and the Energy Efficiency Loan Program policies, procedures and qualifications; and 2) Adopt Resolution No. 22344, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A NEW FUND TO BE TITLED
THE ENERGY
EFFICIENCY LOAN PROGRAM FUND
AND THE CREATION OF APPROPRIATE ACTIVITIES, COST CENTERS, AND ACCOUNT NUMBERS, AND AMENDING THE BUDGET FOR FISCAL YEAR 2008-09 TO FUND THE ENERGY EFFICIENCY LOAN PROGRAM." Moved by Mayor Pro Tem Foat, seconded by Councilmember Weigel.
Vote to 1) Direct staff to finalize the loan parameters and the Energy Efficiency Loan Program policies, procedures and qualifications; and 2) Adopt Resolution No. 22344, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A NEW FUND TO BE TITLED
THE ENERGY
EFFICIENCY LOAN PROGRAM FUND
AND THE CREATION OF APPROPRIATE ACTIVITIES, COST CENTERS, AND ACCOUNT NUMBERS, AND AMENDING THE BUDGET FOR FISCAL YEAR 2008-09 TO FUND THE ENERGY EFFICIENCY LOAN PROGRAM." (Approved)
5.D. ALTERNATIVE FUEL VEHICLE PROCUREMENT POLICY:
Staff Report Item 5.D.
David Barakian, City Engineer, provided background information as outlined in the staff report dated September 17, 2008.
The City Council discussed and/or commented on the following with respect to the Alternative Fuel Vehicle Procurement Policy: the determination to use on CNG Vehicles, the use of non-polluting vehicles, the availability of CNG at this time, the addition of adding other components or types of technology in the future, the cost difference between CNG and regular vehicles, and the investment of the City toward clean vehicles.
Motion to Approve the alternative fuel vehicle policy guideline for purchasing new and replacement vehicles for the City’s fleet as follows:
"The City will attempt to meet all of its vehicle needs through the competitive procurement process, with vehicles that use, or can be properly equipped to use Compressed Natural Gas (CNG)."
Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.
Vote to Approve the alternative fuel vehicle policy guideline for purchasing new and replacement vehicles for the City’s fleet as follows:
"The City will attempt to meet all of its vehicle needs through the competitive procurement process, with vehicles that use, or can be properly equipped to use Compressed Natural Gas (CNG)."
(Approved)
5.E. RESOLUTION IN OPPOSITION TO PROPOSITION 7,
THE RENEWABLE ENERGY STATUTE INITIATIVE
, FOR THE NOVEMBER 4, 2008, CALIFORNIA GENERAL ELECTION :
Staff Report Item 5.E.
City Manager Ready and Mayor Pougnet provided background information as outlined in the staff report dated September 17, 2008.
The City Council discussed and/or commented on the following with respect to the proposed measure: effect on the City of Palm Springs, and placing Items on the agenda with the predetermined disposition.
Motion to Adopt Resolution No. 22345, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN OPPOSITION TO PROPOSITION 7,
THE RENEWABLE ENERGY STATUTE INITIATIVE
, FOR THE NOVEMBER 4, 2008, CALIFORNIA GENERAL ELECTION." Moved by Mayor Pougnet, seconded by Councilmember Hutcheson.
Vote to Adopt Resolution No. 22345, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN OPPOSITION TO PROPOSITION 7,
THE RENEWABLE ENERGY STATUTE INITIATIVE
, FOR THE NOVEMBER 4, 2008, CALIFORNIA GENERAL ELECTION." (Approved)
5.F. RESOLUTION IN OPPOSITION TO PROPOSITION 8,
THE CALIFORNIA MARRIAGE PROTECTION ACT
, FOR THE NOVEMBER 4, 2008, CALIFORNIA GENERAL ELECTION:
Staff Report Item 5.F.
City Manager Ready provided background information as outlined in the staff report dated September 17, 2008.
The City Council discussed and/or commented on the following with respect to the proposed measure: lack of effect on the City of Palm Springs, placing Items on the agenda with the predetermined disposition, the City Council taking positions on measures dealing with personal preferences that may polarize the community, the positive economic impact to the City and civil rights guarantees of the proposed measure.
Motion to Withdraw the Item from the Agenda. Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to Withdraw the Item from the Agenda. (Declined)
Motion to Adopt Resolution No. 22346, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN OPPOSITION TO PROPOSITION 8,
THE CALIFORNIA MARRIAGE PROTECTION ACT
, FOR THE NOVEMBER 4, 2008, CALIFORNIA GENERAL ELECTION." Moved by Mayor Pro Tem Foat, seconded by Mayor Pougnet.
Vote to Adopt Resolution No. 22346, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN OPPOSITION TO PROPOSITION 8,
THE CALIFORNIA MARRIAGE PROTECTION ACT
, FOR THE NOVEMBER 4, 2008, CALIFORNIA GENERAL ELECTION." (Approved)
5.G. LEAGUE OF CALIFORNIA CITIES' STATE BUDGET RESOLUTION REQUEST:
Staff Report Item 5.G.
City Manager Ready provided background information as outlined in the staff report dated September 17, 2008.
Motion to Adopt Resolution No. 22347, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OPPOSING FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD BORROW LOCAL GOVERNMENT, REDEVELOPMENT, AND TRANSPORTATION FUNDS." Moved by Councilmember Mills, seconded by Mayor Pougnet.
Vote to Adopt Resolution No. 22347, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OPPOSING FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD BORROW LOCAL GOVERNMENT, REDEVELOPMENT, AND TRANSPORTATION FUNDS." (Approved)
ACTION:
Continue past the 10:00 p.m. tentative adjournment time.
By consensus of the City Council.
5.H. PUBLIC BENEFITS FOR PLANNED DEVELOPMENT DISTRICTS:
Staff Report Item 5.H.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated September 17, 2008.
Councilmember Hutcheson stated that the use of PDD's are very beneficial and useful tools, but they could be used as loopholes to the zoning laws, and recommends that developers be required to provide a benefit back to the City, and introduced a new paragraph 5 toward the policy.
Councilmember Weigel stated his support for the proposed new paragraph 5 as drafted by Councilmember Hutcheson.
Councilmember Mills stated the City Council did not take action during prior discussions to further define public benefit, recommended that such be referred back to the Planning Commission, and stated that the use of the PDD itself makes a better project and does not need or require further public benefits.
Councilmember Weigel suggested that verbiage be added with respect to the type of benefits that a developer may choose, and stated that all or none of these of the suggested benefits will not necessarily determine that the PDD will be approved.
Mayor Pro Tem Foat stated the proposal is not a check list but a menu for developers to choose from.
Motion to Adopt the Planned Developments and the Requirements for Public Benefits Policy Statement, amending Section 5 as drafted by Councilmember Hutcheson. Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Foat.
Vote to Adopt the Planned Developments and the Requirements for Public Benefits Policy Statement, amending Section 5 as drafted by Councilmember Hutcheson. (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pougnet commented on alternatives to scalping grass, and requested the City Manager review and correct the oleander hedge on Civic Drive.
ADJOURNMENT:
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