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:
City Clerk Thompson stated the Applicant for Public Hearing Item 1.B., has requested the City Council continue the Public Hearing to February 2, 2011, with no public testimony at this time.
City Clerk Thompson requested the City Council add an Item to the Agenda under New Business titled AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH AN EXECUTIVE PLACEMENT FIRM FOR THE RECRUITMENT OF POLICE CHIEF AND APPOINT AN AD-HOC CITY COUNCIL SUBCOMMITTEE TO PARTICIPATE IN THE SELECTION PROCESS.
ACTION: 1) Find that the information pertaining to this matter was received by the City after the posting of the January 5, 2011 agenda, there is an immediate need to hear and take action to on the Item; and 2) Add the Item titled AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH AN EXECUTIVE PLACEMENT FIRM FOR THE RECRUITMENT OF POLICE CHIEF AND APPOINT AN AD-HOC CITY COUNCIL SUBCOMMITTEE TO PARTICIPATE IN THE SELECTION PROCESS to the Agenda, as New Business Item 5.A., pursuant to Cal. Gov. Code §54954.2(b)(2).
Councilmember Foat stated she had a comment on Item 1.B., and requested Item 2.G. be removed from the Consent Calendar for separate discussion.
Councilmember Mills noted his business related abstention on Item 2.C. Warrant No. 1045941.
Mayor Pro Tem Weigel requested Item 2.G. be removed from the Consent Calendar for separate discussion.
Motion to Accept the Agenda as amended, make the finding that the Item came to the attention of the City after the posting of the agenda, there is an immediate need to hear and take action on the Item, and add Item 5.A. to the Agenda titled:
AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH AN EXECUTIVE PLACEMENT FIRM FOR THE RECRUITMENT OF POLICE CHIEF AND APPOINT AN AD-HOC CITY COUNCIL SUBCOMMITTEE TO PARTICIPATE IN THE SELECTION PROCESS
. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to Accept the Agenda as amended, make the finding that the Item came to the attention of the City after the posting of the agenda, there is an immediate need to hear and take action on the Item, and add Item 5.A. to the Agenda titled:
AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH AN EXECUTIVE PLACEMENT FIRM FOR THE RECRUITMENT OF POLICE CHIEF AND APPOINT AN AD-HOC CITY COUNCIL SUBCOMMITTEE TO PARTICIPATE IN THE SELECTION PROCESS
. (Approved)
1. PUBLIC HEARINGS:
1.A. DESERT PALISADES SPECIFIC PLAN APPROVING A SPECIFIC PLAN, GENERAL PLAN AMENDMENT, CHANGE OF ZONE, AND TENTATIVE TRACT MAP (35540) FOR DEVELOPMENT OF 110 HOMESITES, DWA DUAL TANK WATER RESERVOIR, AND RELATED FACILITIES ON A ROUGHLY 117-ACRE SITE IN PLANNING AREA 4 OF THE ESA-SP ZONE (CHINO CONE) LOCATED AT THE WESTERN TERMINUS OF WEST RACQUET CLUB ROAD (CASE NO 5.1154 SP):
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated January 5, 2011.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
MARVIN ROOS, Representing Applicant, provided background information on the proposed development, the development of the Chino Cone development standards, features of the property and the development, the challenges of the site, requested the City Council address and/or relieve the conditions as outlined in correspondence dated January 5, 2011 by MSA Consulting.
VIC GAINER, commented on the development of the standards for the development of the Chino Cone, stated the project meets and exceeds all of the City standards for development in the Chino Cone, and requested the City Council approve the project.
JACQUES CAUSSIN, commented on the timing of construction and compared Palm Springs to Tucson, Arizona.
JOHN STILES, stating the Zoning Ordinance is about zoning not economics, stated this is a good project for the City of Palm Springs, and requested the City Council approve the development.
LANCE O'DONNELL, stated he assisted with the architectural guidelines for the project, stated the project sits lightly on the land, the permitted open space within the area, and requested the City Council approve the development.
LYN CALERDINE, Palm Springs, PSEDC, commented on the development and implementation of the Chino Cone development standards, stated the project is consistent with the Chino Cone Ordinance, commented on the development features and economics of the project, and requested the City Council approve the development.
BOB MARRA, commented on the public outreach by the Applicant, stated the developers have been very responsive, stated the project is proposed at only 1/2 the density that is allowed, the preservation of open space, commented on the economics and timing of the project.
FLORENCE KLAASEN, commented on the development of the Chino Cone, requested the City Council require a performance bond if approved, and requested the City Council oppose the development.
MARINA VAN HORN, PSEDC, stated the Palm Springs Economic Development Corporation recommends approval of the proposed Desert Palisades project, as submitted in correspondence dated January 5, 2011.
ED FREEMAN, commented on Measure B and the development of the Chino Cone Ordinance, stated the project is in conformance, and requested the City Council approve the project.
ROBERT STONE, commented on the lack of public benefit for the project, stated the citizens have gone on record for the development of the Chino Cone, and commented on stewardship of the land.
TIM O'BAYLEY, stated this project is requesting a variance from the Chino Cone Ordinance, will be over developed, commented on the current demand for housing, and requested the City Council not make the exceptions to the Ordinance.
ANDY LINSKY, Palm Springs, commented on previous projects for the Chino Cone, the current economic conditions, stated the development will scar the site, and requested the City Council deny the project.
GLADYS KRENEK, stated the Chino Canyon is still pristine today, and requested the City Council deny the proposed development.
JONO HILDNER, stated the project does not meet the requirements of the Chino Cone Ordinance, commented on the current real estate market and the unfinished projects in the City, stated no reason has been provided to make an exception to the Zoning Ordinance, and requested the City Council deny the project.
FRANK TYSEN, stated the applicants are requesting a major departure from the Zoning Ordinance, commented on the current economics of the real estate market and retail, stated their is no public benefit provided with the project, and requested the City Council deny the project.
NICKIE MCLAUGHLIN, commented on the abandoned projects in the area, the disruption of construction to the existing area, requested the City require restoration bonds if approved, and requested the City Council deny the project.
BEATRICE WYLER, commented on the natural habitat in the area, and stated the animals would be displaced by the development, and requested the City Council deny the project.
TOM O'CONNELL, commented on the encroachment of development into the Coachella Valley, and requested the City Council limit the development to one unit per acre.
EMILY HEMPHILL, Applicant Rebuttal, stated the project is not an exception to the Chino Cone Ordinance, stated the project is within the Chino Cone Ordinance, commented on the arguments provided with respect to economics, and stated the developer has brought forward a development within the parameters of the Chino Cone Ordinance.
No further speakers coming forward, the public hearing was closed.
Mayor Pougnet requested staff address the regulations of the Chino Cone Ordinance, and the allowance for the developer to submit a Specific Plan.
Mayor Pro Tem Weigel requested staff address the conditions and bonding for the restoration of the site if the development does not proceed, requested staff address the findings the City Council needs to make to approve the project, commented on the timing and process for the development, and stated that the project preserves the natural beauty of the desert, and his support of the project.
Councilmember Foat requested staff address the infrastructure and the timing of the installation of roads, requested staff address the 12 acres in Planning Area 4 to be moved to Planning Area 3, commented on the acquisition of the property, requested staff address the status of the Chino Canyon levy, the timing of infrastructure development, the water tank installation, commented on the current status of housing and currently scarred and abandoned projects in the City, stated the City does not have to accept the Specific Plan as submitted, requested architectural review of every unit, commented on the performance bond, and requested the City Council add a condition that no infrastructure be constructed until 20% of the lots have been sold.
Councilmember Mills commented on the uniqueness of the site and the project, commented on the project timing and the installation of infrastructure, stated his support for the project, commented on the three conditions that the Applicant requested relief and supported the use of gates and requested Condition No. 38 be removed, Condition No. 39 be amended for staff review, but not the review of the Planning Commission, and requested the developer address the relationship, if any, with the Shadowrock Project.
Councilmember Hutcheson requested staff address the safety in flood control, the timing of the installation of Storm Drain Line No. 2, building height, requested the applicant address the timing of the project, requested the applicant address the boulders on the site, stated it is appropriate and responsible to approve the proposed specific plan as consistent with the Chino Cone Ordinance, stated his support for Condition No. 39, and commented on the graduating development.
Councilmember Foat requested clarification on the transfer of property to Planning Area No. 3, and the installation of water tanks, commented on the restrictions on construction, if approved requested Condition No. 39 be included.
Councilmember Mills requested the Applicant address the restrictions on the construction window.
Mayor Pougnet requested staff address performance and/or completion bonds, commented on the recent history of projects proposed for the Chino Cone, and the inclusion of respectful development within the existing neighborhood, stated his support for the project, and requested staff address Condition No. 37, stated his support for the gates and Planning Commission review of each individual home.
Motion to Incorporate Condition No. 37 into the final Conditions of Approval, amending the Condition to provide if two or more lots are merged or combined, the total lot coverage may not exceed 12,000 square feet. Moved by Councilmember Mills, seconded by Mayor Pro Tem Weigel.
Vote to Incorporate Condition No. 37 into the final Conditions of Approval, amending the Condition to provide if two or more lots are merged or combined, the total lot coverage may not exceed 12,000 square feet. (Approved)
Motion to Delete Condition No. 38 in the final Conditions of Approval, regarding having the vehicular gates open during daytime hours. Moved by Mayor Pro Tem Weigel, seconded by Councilmember Mills.
Vote to Delete Condition No. 38 in the final Conditions of Approval, regarding having the vehicular gates open during daytime hours. (Approved)
Motion to Condition No. 39 to be included in the final Conditions of Approval requiring review by the Architectural Advisory Committee and Planning Commission of every home. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to Condition No. 39 to be included in the final Conditions of Approval requiring review by the Architectural Advisory Committee and Planning Commission of every home. (Approved)
Motion to Add a Condition of Approval that prohibits the installation of infrastructure until 20% of the lots have been sold with verifiable sales within the project. Moved by Councilmember Foat. The motion did not receive a second and was lost.
Motion to Add a Condition of Approval that prohibits the installation of infrastructure until 10% of the lots have been sold with verifiable sales within the project. Moved by Councilmember Foat, seconded by Mayor Pougnet.
Vote to Add a Condition of Approval that prohibits the installation of infrastructure until 10% of the lots have been sold with verifiable sales within the project. (Declined)
Motion to 1) Adopt Resolution No. 22845, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CERTIFYING THE ASSOCIATED ENVIRONMENTAL IMPACT REPORT AND APPROVING A GENERAL PLAN AMENDMENT RELATED TO CASE 5.1154 SP; MODIFYING THE BOUNDARIES OF PLANNING AREA 3 AND PLANNING AREA 4 OF THE SPECIAL POLICY LAND USE AREA OF THE 2007 PALM SPRINGS GENERAL PLAN, ADOPTED BY CITY COUNCIL RESOLUTION NO. 22077;" 2) Waive reading of the full text of the Ordinance, and introduce by title only; 3) Introduce for first reading Ordinance No. 1784, "AN ORDINANCE OF THE CITY PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP TO CHANGE THE DESIGNATION OF AN APPROXIMATE 12 ACRE PORTION OF PLANNING AREA 4 TO PLANNING AREA 3 IN THE ENVIRONMENTALLY SENSITIVE AREA SPECIFIC PLAN (ESA-SP) ZONE AND ADOPTING THE DESERT PALISADES SPECIFIC PLAN WHICH MODIFIES THE DENSITY AND DEVELOPMENT STANDARDS FOR PLANNING AREA 4 OF THE ESA-SP ZONE LOCATED IN THE VICINITY OF TRAM WAY AND WEST OF THE WESTERN TERMINUS OF RACQUET CLUB ROAD, SECTION 4 (IL);" and 4) Adopt Resolution No. 22846, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CERTIFYING THE ASSOCIATED ENVIRONMENTAL IMPACT REPORT AND APPROVING TENTATIVE TRACT MAP 35540 RELATED TO CASE 5.1154 SP; A SUBDIVISION OF APPROXIMATELY 117 ACRES FOR 11O HOMESITES, PRIVATE ROADS, PUBLIC TRAILS, OPEN SPACE, AND AN APPROXIMATE 1.7 ACRE PARCEL FOR A DESERT WATER AGENCY DUAL TANK RESERVOIR IN PLANNING AREA 4 OF THE ENVIRONMENTALLY SENSITIVE AREA SPECIFIC PLAN ZONE (ESA-SP) LOCATED AT THE WESTERN TERMINUS OF RACQUET CLUB ROAD; SECTION 4(IL),"
modifying the Conditions of Approval as follows: amending Condition No. 37 and deleting Condition No. 38.
" Moved by Councilmember Mills, seconded by Mayor Pro Tem Weigel.
Vote to 1) Adopt Resolution No. 22845, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CERTIFYING THE ASSOCIATED ENVIRONMENTAL IMPACT REPORT AND APPROVING A GENERAL PLAN AMENDMENT RELATED TO CASE 5.1154 SP; MODIFYING THE BOUNDARIES OF PLANNING AREA 3 AND PLANNING AREA 4 OF THE SPECIAL POLICY LAND USE AREA OF THE 2007 PALM SPRINGS GENERAL PLAN, ADOPTED BY CITY COUNCIL RESOLUTION NO. 22077;" 2) Waive reading of the full text of the Ordinance, and introduce by title only; 3) Introduce for first reading Ordinance No. 1784, "AN ORDINANCE OF THE CITY PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP TO CHANGE THE DESIGNATION OF AN APPROXIMATE 12 ACRE PORTION OF PLANNING AREA 4 TO PLANNING AREA 3 IN THE ENVIRONMENTALLY SENSITIVE AREA SPECIFIC PLAN (ESA-SP) ZONE AND ADOPTING THE DESERT PALISADES SPECIFIC PLAN WHICH MODIFIES THE DENSITY AND DEVELOPMENT STANDARDS FOR PLANNING AREA 4 OF THE ESA-SP ZONE LOCATED IN THE VICINITY OF TRAM WAY AND WEST OF THE WESTERN TERMINUS OF RACQUET CLUB ROAD, SECTION 4 (IL);" and 4) Adopt Resolution No. 22846, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CERTIFYING THE ASSOCIATED ENVIRONMENTAL IMPACT REPORT AND APPROVING TENTATIVE TRACT MAP 35540 RELATED TO CASE 5.1154 SP; A SUBDIVISION OF APPROXIMATELY 117 ACRES FOR 11O HOMESITES, PRIVATE ROADS, PUBLIC TRAILS, OPEN SPACE, AND AN APPROXIMATE 1.7 ACRE PARCEL FOR A DESERT WATER AGENCY DUAL TANK RESERVOIR IN PLANNING AREA 4 OF THE ENVIRONMENTALLY SENSITIVE AREA SPECIFIC PLAN ZONE (ESA-SP) LOCATED AT THE WESTERN TERMINUS OF RACQUET CLUB ROAD; SECTION 4(IL),"
modifying the Conditions of Approval as follows: amending Condition No. 37 and deleting Condition No. 38.
" (Approved)
The City Council recessed at 8:50 p.m.
The City Council reconvened at 8:57 p.m.
Councilmember Hutcheson stated he is a member of the Board of the Applicant of Item 1.B., would not participate in the discussion or the vote, and left Council Chamber.
Councilmember Mills stated he has a business conflict of interest with respect to Item 1.B., would not participate in the discussion or the vote, and left Council Chamber.
1.B. DESERT SUN CENTER, LLC APPLICATION FOR A TYPE II CONDITIONAL USE PERMIT FOR THE OPERATION OF A FOOD BANK AND DISTRIBUTION FACILITY TO THE ECONOMICALLY DISADVANTAGED/DISABLED SENIOR CITIZENS AT 610 SOUTH BELARDO ROAD (CASE 5.1255):
Staff Report Item 1.B.
Councilmember Foat stated the Applicant will be setting up a meeting with the neighborhood organization to discuss the program, and requested the City Manager schedule a neighborhood meeting to identify and discuss other problems in the immediate area.
Motion to approve 1) Continue the public hearing to February 2, 2011; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Moved by Councilmember Foat, seconded by Mayor Pougnet.
Vote to approve 1) Continue the public hearing to February 2, 2011; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved) (Recorded at 02:59:30)
Councilmember Hutcheson and Councilmember Mills returned to the dais.
PUBLIC COMMENT:
THOMAS VAN ETTEN, Palm Springs, commented on the recent announcement of the retirement of the Police Chief.
SID CRAIG, announced the upcoming activities for the 2011 Palm Springs International Film Festival.
ROBERT STONE, commented on the recent announcement of the retirement of the Police Chief.
WAYNE SIMMONS, commented on Item 2.G., stated he is the owner of the property and supports the application, and stated the new location is about 20-feet away from the original location.
JAMES CAMPER, commented on Item 2.G., and requested the City Council support the amendment to the permit.
FRANK TYSEN, commented on the notification process for public hearings, and commented on problems near the Sun Center and in the neighborhood.
COUNCILMEMBER COMMENTS:
Mayor Pougnet commented on a recent article and editorial published in the Desert Sun with respect to the Desert Fashion Plaza, and the recent election for Congress.
CITY MANAGER’S REPORT: None.
2. CONSENT CALENDAR:
Councilmember Foat stated she has a business related conflict of Interest with respect to Item 2.I., and noted her abstention on Item 2.I.
Motion to approve Approve Items 2.A., 2.B., .2.C., 2.D., 2.E., 2.F., 2.H., and 2.I. Moved by Mayor Pro Tem Weigel, seconded by Councilmember Mills.
Vote to approve Approve Items 2.A., 2.B., .2.C., 2.D., 2.E., 2.F., 2.H., and 2.I. (Approved)
2.A. REPORT ON POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.B. APPROVAL OF MINUTES:
Staff Report Item 2.B.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.C.
2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1782, DISSOLVING COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS:
Staff Report Item 2.D.
2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1783, CITY COUNCIL REVIEW OF DECISIONS OF CITY COUNCIL APPOINTED COMMISSIONS AND BOARDS:
Staff Report Item 2.E.
2.F. RATIFYING ACTIONS OF THE CITY MANAGER PROCLAIMING THE EXISTENCE OF A "LOCAL EMERGENCY" DUE TO THE DECEMBER 2010 WINTER STORM:
Staff Report Item 2.F.
2.H. SUPPLEMENTAL STORAGE SPACE AGREEMENT TO AGREEMENT NO. A4159 WITH THE PARADIES SHOPS, LLC:
Staff Report Item 2.H.
2.I. PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT FUNDING:
Staff Report Item 2.I.
EXCLUDED CONSENT CALENDAR:
2.G. ORGANIC SOLUTIONS OF THE DESERT AMENDING A REGULATORY PERMIT FOR OPERATING A MEDICAL CANNABIS COOPERATIVE, TRANSFERRING THE PERMIT FROM 560 WILLIAMS ROAD TO 4765 RAMON ROAD:
Staff Report Item 2.G.
Councilmember Foat requested staff address the time lapse from the City Council approval to the opening of the collective.
Motion to approve Adopt Resolution No. 22851, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST TO AMEND A PREVIOUSLY APPROVED REGULATORY PERMIT TO OPERATE A MEDICAL CANNABIS COLLECTIVE/COOPERATIVE CHANGING THE LOCATION FROM 560 WILLIAMS ROAD TO 4765 EAST RAMON ROAD, ZONE M-1 SECTION 19, TOWNSHIP 4, RANGE 5 (CASE MC 09-002 AMND)." Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to approve Adopt Resolution No. 22851, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST TO AMEND A PREVIOUSLY APPROVED REGULATORY PERMIT TO OPERATE A MEDICAL CANNABIS COLLECTIVE/COOPERATIVE CHANGING THE LOCATION FROM 560 WILLIAMS ROAD TO 4765 EAST RAMON ROAD, ZONE M-1 SECTION 19, TOWNSHIP 4, RANGE 5 (CASE MC 09-002 AMND)." (Approved)
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. ITEM ADDED TO THE AGENDA AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH AN EXECUTIVE PLACEMENT FIRM FOR THE RECRUITMENT OF POLICE CHIEF AND APPOINT AN AD-HOC CITY COUNCIL SUBCOMMITTEE TO PARTICIPATE IN THE SELECTION PROCESS:
Staff Report Item 5A.
Motion to 1) Appoint Mayor Pougnet and Mayor Pro Tem Weigel to an ad-hoc City Council Subcommittee to participate in the selection process and advise the City Manager on the recruitment of Police Chief; and 2) Authorize the City Manager to enter into and execute a Professional Services agreement with a qualified executive placement firm, subject to final review and approval by the City Attorney. Moved by Councilmember Mills, seconded by Councilmember Foat.
Vote to 1) Appoint Mayor Pougnet and Mayor Pro Tem Weigel to an ad-hoc City Council Subcommittee to participate in the selection process and advise the City Manager on the recruitment of Police Chief; and 2) Authorize the City Manager to enter into and execute a Professional Services agreement with a qualified executive placement firm, subject to final review and approval by the City Attorney. (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pougnet requested the City Manager place on the next agenda a discussion of the resident discount card, and requested staff review the collection of business license taxes.
ADJOURNMENT:
Jan 05, 2011 City Council Meeting
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated the Applicant for Public Hearing Item 1.B., has requested the City Council continue the Public Hearing to February 2, 2011, with no public testimony at this time.
City Clerk Thompson requested the City Council add an Item to the Agenda under New Business titled AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH AN EXECUTIVE PLACEMENT FIRM FOR THE RECRUITMENT OF POLICE CHIEF AND APPOINT AN AD-HOC CITY COUNCIL SUBCOMMITTEE TO PARTICIPATE IN THE SELECTION PROCESS.
ACTION: 1) Find that the information pertaining to this matter was received by the City after the posting of the January 5, 2011 agenda, there is an immediate need to hear and take action to on the Item; and 2) Add the Item titled AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH AN EXECUTIVE PLACEMENT FIRM FOR THE RECRUITMENT OF POLICE CHIEF AND APPOINT AN AD-HOC CITY COUNCIL SUBCOMMITTEE TO PARTICIPATE IN THE SELECTION PROCESS to the Agenda, as New Business Item 5.A., pursuant to Cal. Gov. Code §54954.2(b)(2).
Councilmember Foat stated she had a comment on Item 1.B., and requested Item 2.G. be removed from the Consent Calendar for separate discussion.
Councilmember Mills noted his business related abstention on Item 2.C. Warrant No. 1045941.
Mayor Pro Tem Weigel requested Item 2.G. be removed from the Consent Calendar for separate discussion.
Motion to Accept the Agenda as amended, make the finding that the Item came to the attention of the City after the posting of the agenda, there is an immediate need to hear and take action on the Item, and add Item 5.A. to the Agenda titled:
AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH AN EXECUTIVE PLACEMENT FIRM FOR THE RECRUITMENT OF POLICE CHIEF AND APPOINT AN AD-HOC CITY COUNCIL SUBCOMMITTEE TO PARTICIPATE IN THE SELECTION PROCESS
. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to Accept the Agenda as amended, make the finding that the Item came to the attention of the City after the posting of the agenda, there is an immediate need to hear and take action on the Item, and add Item 5.A. to the Agenda titled:
AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH AN EXECUTIVE PLACEMENT FIRM FOR THE RECRUITMENT OF POLICE CHIEF AND APPOINT AN AD-HOC CITY COUNCIL SUBCOMMITTEE TO PARTICIPATE IN THE SELECTION PROCESS
. (Approved)
1. PUBLIC HEARINGS:
1.A. DESERT PALISADES SPECIFIC PLAN APPROVING A SPECIFIC PLAN, GENERAL PLAN AMENDMENT, CHANGE OF ZONE, AND TENTATIVE TRACT MAP (35540) FOR DEVELOPMENT OF 110 HOMESITES, DWA DUAL TANK WATER RESERVOIR, AND RELATED FACILITIES ON A ROUGHLY 117-ACRE SITE IN PLANNING AREA 4 OF THE ESA-SP ZONE (CHINO CONE) LOCATED AT THE WESTERN TERMINUS OF WEST RACQUET CLUB ROAD (CASE NO 5.1154 SP):
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated January 5, 2011.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
MARVIN ROOS, Representing Applicant, provided background information on the proposed development, the development of the Chino Cone development standards, features of the property and the development, the challenges of the site, requested the City Council address and/or relieve the conditions as outlined in correspondence dated January 5, 2011 by MSA Consulting.
VIC GAINER, commented on the development of the standards for the development of the Chino Cone, stated the project meets and exceeds all of the City standards for development in the Chino Cone, and requested the City Council approve the project.
JACQUES CAUSSIN, commented on the timing of construction and compared Palm Springs to Tucson, Arizona.
JOHN STILES, stating the Zoning Ordinance is about zoning not economics, stated this is a good project for the City of Palm Springs, and requested the City Council approve the development.
LANCE O'DONNELL, stated he assisted with the architectural guidelines for the project, stated the project sits lightly on the land, the permitted open space within the area, and requested the City Council approve the development.
LYN CALERDINE, Palm Springs, PSEDC, commented on the development and implementation of the Chino Cone development standards, stated the project is consistent with the Chino Cone Ordinance, commented on the development features and economics of the project, and requested the City Council approve the development.
BOB MARRA, commented on the public outreach by the Applicant, stated the developers have been very responsive, stated the project is proposed at only 1/2 the density that is allowed, the preservation of open space, commented on the economics and timing of the project.
FLORENCE KLAASEN, commented on the development of the Chino Cone, requested the City Council require a performance bond if approved, and requested the City Council oppose the development.
MARINA VAN HORN, PSEDC, stated the Palm Springs Economic Development Corporation recommends approval of the proposed Desert Palisades project, as submitted in correspondence dated January 5, 2011.
ED FREEMAN, commented on Measure B and the development of the Chino Cone Ordinance, stated the project is in conformance, and requested the City Council approve the project.
ROBERT STONE, commented on the lack of public benefit for the project, stated the citizens have gone on record for the development of the Chino Cone, and commented on stewardship of the land.
TIM O'BAYLEY, stated this project is requesting a variance from the Chino Cone Ordinance, will be over developed, commented on the current demand for housing, and requested the City Council not make the exceptions to the Ordinance.
ANDY LINSKY, Palm Springs, commented on previous projects for the Chino Cone, the current economic conditions, stated the development will scar the site, and requested the City Council deny the project.
GLADYS KRENEK, stated the Chino Canyon is still pristine today, and requested the City Council deny the proposed development.
JONO HILDNER, stated the project does not meet the requirements of the Chino Cone Ordinance, commented on the current real estate market and the unfinished projects in the City, stated no reason has been provided to make an exception to the Zoning Ordinance, and requested the City Council deny the project.
FRANK TYSEN, stated the applicants are requesting a major departure from the Zoning Ordinance, commented on the current economics of the real estate market and retail, stated their is no public benefit provided with the project, and requested the City Council deny the project.
NICKIE MCLAUGHLIN, commented on the abandoned projects in the area, the disruption of construction to the existing area, requested the City require restoration bonds if approved, and requested the City Council deny the project.
BEATRICE WYLER, commented on the natural habitat in the area, and stated the animals would be displaced by the development, and requested the City Council deny the project.
TOM O'CONNELL, commented on the encroachment of development into the Coachella Valley, and requested the City Council limit the development to one unit per acre.
EMILY HEMPHILL, Applicant Rebuttal, stated the project is not an exception to the Chino Cone Ordinance, stated the project is within the Chino Cone Ordinance, commented on the arguments provided with respect to economics, and stated the developer has brought forward a development within the parameters of the Chino Cone Ordinance.
No further speakers coming forward, the public hearing was closed.
Mayor Pougnet requested staff address the regulations of the Chino Cone Ordinance, and the allowance for the developer to submit a Specific Plan.
Mayor Pro Tem Weigel requested staff address the conditions and bonding for the restoration of the site if the development does not proceed, requested staff address the findings the City Council needs to make to approve the project, commented on the timing and process for the development, and stated that the project preserves the natural beauty of the desert, and his support of the project.
Councilmember Foat requested staff address the infrastructure and the timing of the installation of roads, requested staff address the 12 acres in Planning Area 4 to be moved to Planning Area 3, commented on the acquisition of the property, requested staff address the status of the Chino Canyon levy, the timing of infrastructure development, the water tank installation, commented on the current status of housing and currently scarred and abandoned projects in the City, stated the City does not have to accept the Specific Plan as submitted, requested architectural review of every unit, commented on the performance bond, and requested the City Council add a condition that no infrastructure be constructed until 20% of the lots have been sold.
Councilmember Mills commented on the uniqueness of the site and the project, commented on the project timing and the installation of infrastructure, stated his support for the project, commented on the three conditions that the Applicant requested relief and supported the use of gates and requested Condition No. 38 be removed, Condition No. 39 be amended for staff review, but not the review of the Planning Commission, and requested the developer address the relationship, if any, with the Shadowrock Project.
Councilmember Hutcheson requested staff address the safety in flood control, the timing of the installation of Storm Drain Line No. 2, building height, requested the applicant address the timing of the project, requested the applicant address the boulders on the site, stated it is appropriate and responsible to approve the proposed specific plan as consistent with the Chino Cone Ordinance, stated his support for Condition No. 39, and commented on the graduating development.
Councilmember Foat requested clarification on the transfer of property to Planning Area No. 3, and the installation of water tanks, commented on the restrictions on construction, if approved requested Condition No. 39 be included.
Councilmember Mills requested the Applicant address the restrictions on the construction window.
Mayor Pougnet requested staff address performance and/or completion bonds, commented on the recent history of projects proposed for the Chino Cone, and the inclusion of respectful development within the existing neighborhood, stated his support for the project, and requested staff address Condition No. 37, stated his support for the gates and Planning Commission review of each individual home.
Motion to Incorporate Condition No. 37 into the final Conditions of Approval, amending the Condition to provide if two or more lots are merged or combined, the total lot coverage may not exceed 12,000 square feet. Moved by Councilmember Mills, seconded by Mayor Pro Tem Weigel.
Vote to Incorporate Condition No. 37 into the final Conditions of Approval, amending the Condition to provide if two or more lots are merged or combined, the total lot coverage may not exceed 12,000 square feet. (Approved)
Motion to Delete Condition No. 38 in the final Conditions of Approval, regarding having the vehicular gates open during daytime hours. Moved by Mayor Pro Tem Weigel, seconded by Councilmember Mills.
Vote to Delete Condition No. 38 in the final Conditions of Approval, regarding having the vehicular gates open during daytime hours. (Approved)
Motion to Condition No. 39 to be included in the final Conditions of Approval requiring review by the Architectural Advisory Committee and Planning Commission of every home. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to Condition No. 39 to be included in the final Conditions of Approval requiring review by the Architectural Advisory Committee and Planning Commission of every home. (Approved)
Motion to Add a Condition of Approval that prohibits the installation of infrastructure until 20% of the lots have been sold with verifiable sales within the project. Moved by Councilmember Foat. The motion did not receive a second and was lost.
Motion to Add a Condition of Approval that prohibits the installation of infrastructure until 10% of the lots have been sold with verifiable sales within the project. Moved by Councilmember Foat, seconded by Mayor Pougnet.
Vote to Add a Condition of Approval that prohibits the installation of infrastructure until 10% of the lots have been sold with verifiable sales within the project. (Declined)
Motion to 1) Adopt Resolution No. 22845, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CERTIFYING THE ASSOCIATED ENVIRONMENTAL IMPACT REPORT AND APPROVING A GENERAL PLAN AMENDMENT RELATED TO CASE 5.1154 SP; MODIFYING THE BOUNDARIES OF PLANNING AREA 3 AND PLANNING AREA 4 OF THE SPECIAL POLICY LAND USE AREA OF THE 2007 PALM SPRINGS GENERAL PLAN, ADOPTED BY CITY COUNCIL RESOLUTION NO. 22077;" 2) Waive reading of the full text of the Ordinance, and introduce by title only; 3) Introduce for first reading Ordinance No. 1784, "AN ORDINANCE OF THE CITY PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP TO CHANGE THE DESIGNATION OF AN APPROXIMATE 12 ACRE PORTION OF PLANNING AREA 4 TO PLANNING AREA 3 IN THE ENVIRONMENTALLY SENSITIVE AREA SPECIFIC PLAN (ESA-SP) ZONE AND ADOPTING THE DESERT PALISADES SPECIFIC PLAN WHICH MODIFIES THE DENSITY AND DEVELOPMENT STANDARDS FOR PLANNING AREA 4 OF THE ESA-SP ZONE LOCATED IN THE VICINITY OF TRAM WAY AND WEST OF THE WESTERN TERMINUS OF RACQUET CLUB ROAD, SECTION 4 (IL);" and 4) Adopt Resolution No. 22846, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CERTIFYING THE ASSOCIATED ENVIRONMENTAL IMPACT REPORT AND APPROVING TENTATIVE TRACT MAP 35540 RELATED TO CASE 5.1154 SP; A SUBDIVISION OF APPROXIMATELY 117 ACRES FOR 11O HOMESITES, PRIVATE ROADS, PUBLIC TRAILS, OPEN SPACE, AND AN APPROXIMATE 1.7 ACRE PARCEL FOR A DESERT WATER AGENCY DUAL TANK RESERVOIR IN PLANNING AREA 4 OF THE ENVIRONMENTALLY SENSITIVE AREA SPECIFIC PLAN ZONE (ESA-SP) LOCATED AT THE WESTERN TERMINUS OF RACQUET CLUB ROAD; SECTION 4(IL),"
modifying the Conditions of Approval as follows: amending Condition No. 37 and deleting Condition No. 38.
" Moved by Councilmember Mills, seconded by Mayor Pro Tem Weigel.
Vote to 1) Adopt Resolution No. 22845, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CERTIFYING THE ASSOCIATED ENVIRONMENTAL IMPACT REPORT AND APPROVING A GENERAL PLAN AMENDMENT RELATED TO CASE 5.1154 SP; MODIFYING THE BOUNDARIES OF PLANNING AREA 3 AND PLANNING AREA 4 OF THE SPECIAL POLICY LAND USE AREA OF THE 2007 PALM SPRINGS GENERAL PLAN, ADOPTED BY CITY COUNCIL RESOLUTION NO. 22077;" 2) Waive reading of the full text of the Ordinance, and introduce by title only; 3) Introduce for first reading Ordinance No. 1784, "AN ORDINANCE OF THE CITY PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP TO CHANGE THE DESIGNATION OF AN APPROXIMATE 12 ACRE PORTION OF PLANNING AREA 4 TO PLANNING AREA 3 IN THE ENVIRONMENTALLY SENSITIVE AREA SPECIFIC PLAN (ESA-SP) ZONE AND ADOPTING THE DESERT PALISADES SPECIFIC PLAN WHICH MODIFIES THE DENSITY AND DEVELOPMENT STANDARDS FOR PLANNING AREA 4 OF THE ESA-SP ZONE LOCATED IN THE VICINITY OF TRAM WAY AND WEST OF THE WESTERN TERMINUS OF RACQUET CLUB ROAD, SECTION 4 (IL);" and 4) Adopt Resolution No. 22846, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CERTIFYING THE ASSOCIATED ENVIRONMENTAL IMPACT REPORT AND APPROVING TENTATIVE TRACT MAP 35540 RELATED TO CASE 5.1154 SP; A SUBDIVISION OF APPROXIMATELY 117 ACRES FOR 11O HOMESITES, PRIVATE ROADS, PUBLIC TRAILS, OPEN SPACE, AND AN APPROXIMATE 1.7 ACRE PARCEL FOR A DESERT WATER AGENCY DUAL TANK RESERVOIR IN PLANNING AREA 4 OF THE ENVIRONMENTALLY SENSITIVE AREA SPECIFIC PLAN ZONE (ESA-SP) LOCATED AT THE WESTERN TERMINUS OF RACQUET CLUB ROAD; SECTION 4(IL),"
modifying the Conditions of Approval as follows: amending Condition No. 37 and deleting Condition No. 38.
" (Approved)
The City Council recessed at 8:50 p.m.
The City Council reconvened at 8:57 p.m.
Councilmember Hutcheson stated he is a member of the Board of the Applicant of Item 1.B., would not participate in the discussion or the vote, and left Council Chamber.
Councilmember Mills stated he has a business conflict of interest with respect to Item 1.B., would not participate in the discussion or the vote, and left Council Chamber.
1.B. DESERT SUN CENTER, LLC APPLICATION FOR A TYPE II CONDITIONAL USE PERMIT FOR THE OPERATION OF A FOOD BANK AND DISTRIBUTION FACILITY TO THE ECONOMICALLY DISADVANTAGED/DISABLED SENIOR CITIZENS AT 610 SOUTH BELARDO ROAD (CASE 5.1255):
Staff Report Item 1.B.
Councilmember Foat stated the Applicant will be setting up a meeting with the neighborhood organization to discuss the program, and requested the City Manager schedule a neighborhood meeting to identify and discuss other problems in the immediate area.
Motion to approve 1) Continue the public hearing to February 2, 2011; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Moved by Councilmember Foat, seconded by Mayor Pougnet.
Vote to approve 1) Continue the public hearing to February 2, 2011; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved) (Recorded at 02:59:30)
Councilmember Hutcheson and Councilmember Mills returned to the dais.
PUBLIC COMMENT:
THOMAS VAN ETTEN, Palm Springs, commented on the recent announcement of the retirement of the Police Chief.
SID CRAIG, announced the upcoming activities for the 2011 Palm Springs International Film Festival.
ROBERT STONE, commented on the recent announcement of the retirement of the Police Chief.
WAYNE SIMMONS, commented on Item 2.G., stated he is the owner of the property and supports the application, and stated the new location is about 20-feet away from the original location.
JAMES CAMPER, commented on Item 2.G., and requested the City Council support the amendment to the permit.
FRANK TYSEN, commented on the notification process for public hearings, and commented on problems near the Sun Center and in the neighborhood.
COUNCILMEMBER COMMENTS:
Mayor Pougnet commented on a recent article and editorial published in the Desert Sun with respect to the Desert Fashion Plaza, and the recent election for Congress.
CITY MANAGER’S REPORT: None.
2. CONSENT CALENDAR:
Councilmember Foat stated she has a business related conflict of Interest with respect to Item 2.I., and noted her abstention on Item 2.I.
Motion to approve Approve Items 2.A., 2.B., .2.C., 2.D., 2.E., 2.F., 2.H., and 2.I. Moved by Mayor Pro Tem Weigel, seconded by Councilmember Mills.
Vote to approve Approve Items 2.A., 2.B., .2.C., 2.D., 2.E., 2.F., 2.H., and 2.I. (Approved)
2.A. REPORT ON POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.B. APPROVAL OF MINUTES:
Staff Report Item 2.B.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.C.
2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1782, DISSOLVING COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS:
Staff Report Item 2.D.
2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1783, CITY COUNCIL REVIEW OF DECISIONS OF CITY COUNCIL APPOINTED COMMISSIONS AND BOARDS:
Staff Report Item 2.E.
2.F. RATIFYING ACTIONS OF THE CITY MANAGER PROCLAIMING THE EXISTENCE OF A "LOCAL EMERGENCY" DUE TO THE DECEMBER 2010 WINTER STORM:
Staff Report Item 2.F.
2.H. SUPPLEMENTAL STORAGE SPACE AGREEMENT TO AGREEMENT NO. A4159 WITH THE PARADIES SHOPS, LLC:
Staff Report Item 2.H.
2.I. PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT FUNDING:
Staff Report Item 2.I.
EXCLUDED CONSENT CALENDAR:
2.G. ORGANIC SOLUTIONS OF THE DESERT AMENDING A REGULATORY PERMIT FOR OPERATING A MEDICAL CANNABIS COOPERATIVE, TRANSFERRING THE PERMIT FROM 560 WILLIAMS ROAD TO 4765 RAMON ROAD:
Staff Report Item 2.G.
Councilmember Foat requested staff address the time lapse from the City Council approval to the opening of the collective.
Motion to approve Adopt Resolution No. 22851, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST TO AMEND A PREVIOUSLY APPROVED REGULATORY PERMIT TO OPERATE A MEDICAL CANNABIS COLLECTIVE/COOPERATIVE CHANGING THE LOCATION FROM 560 WILLIAMS ROAD TO 4765 EAST RAMON ROAD, ZONE M-1 SECTION 19, TOWNSHIP 4, RANGE 5 (CASE MC 09-002 AMND)." Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to approve Adopt Resolution No. 22851, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST TO AMEND A PREVIOUSLY APPROVED REGULATORY PERMIT TO OPERATE A MEDICAL CANNABIS COLLECTIVE/COOPERATIVE CHANGING THE LOCATION FROM 560 WILLIAMS ROAD TO 4765 EAST RAMON ROAD, ZONE M-1 SECTION 19, TOWNSHIP 4, RANGE 5 (CASE MC 09-002 AMND)." (Approved)
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. ITEM ADDED TO THE AGENDA AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH AN EXECUTIVE PLACEMENT FIRM FOR THE RECRUITMENT OF POLICE CHIEF AND APPOINT AN AD-HOC CITY COUNCIL SUBCOMMITTEE TO PARTICIPATE IN THE SELECTION PROCESS:
Staff Report Item 5A.
Motion to 1) Appoint Mayor Pougnet and Mayor Pro Tem Weigel to an ad-hoc City Council Subcommittee to participate in the selection process and advise the City Manager on the recruitment of Police Chief; and 2) Authorize the City Manager to enter into and execute a Professional Services agreement with a qualified executive placement firm, subject to final review and approval by the City Attorney. Moved by Councilmember Mills, seconded by Councilmember Foat.
Vote to 1) Appoint Mayor Pougnet and Mayor Pro Tem Weigel to an ad-hoc City Council Subcommittee to participate in the selection process and advise the City Manager on the recruitment of Police Chief; and 2) Authorize the City Manager to enter into and execute a Professional Services agreement with a qualified executive placement firm, subject to final review and approval by the City Attorney. (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pougnet requested the City Manager place on the next agenda a discussion of the resident discount card, and requested staff review the collection of business license taxes.
ADJOURNMENT:
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