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HomeMy WebLinkAbout2003 - MINUTES 12/17/2003CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 17, 2003 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Oden, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, December 17, 2003, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Foat, McCulloch, Mills, Pougnet and Mayor Oden Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Reverend Darren Erb – Palm Springs Baptist Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on December 12, 2003. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 9 of agenda this date. PRESENTATIONS: FAA Airport Safety Award Police Department Commendations & Medal of Valor Awards HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council. PUBLIC COMMENTS: John Stiles, PSEDC, stated that the Development Task Force is moving forward to review various codes of the City; that the quarterly report was previously forwarded to the Council and that there will be a joint meeting held between the Council and the PSEDV on January 15, 2004 at 7:30 a.m., at the Spa Hotel to discuss future activities. Rick Post, representing College of the Desert, stated that support from the City is requested regarding Measure B on the upcoming ballot for additional funding resources for the College. David Reed, interior designer, stated that there are no offices in City Hall for the Council members; that the item under consideration on this agenda can be modified with alternatives in the construction and requested approval for the modifications to the Offices. Ken Turner, Palm Springs, stated that meetings had been held with the Huddle Springs Project developer; that most of the issues have been addressed; that those meetings were pleasant and that the proposed project is good for the neighborhood. Council Minutes 12-17-03, Page 2 Marna Van Horn, Desert Hot Springs, stated that most flood plane projects are under the jurisdiction of the Riverside County Flood Control District; that the wash areas must be cleaned out and cleared of sand, gravel and debris and that from time to time contractors are hired to complete the dredging work. Gurney Miller, Palm Springs, stated that there seems to have been excessive removal of the Palm Canyon Wash area; that surrounding homes are getting dust and have experienced heavy traffic; that a coalition is being formed in the Araby area to preserve the neighborhood and that G & M Construction should not be given permits to continue with the wash area removal. Lynn Caterdine, Palm Springs, stated that the area street has become a hauler zone; that the wash is being cleaned out and the refuse is trucked down the residential street; that the project should be under the jurisdiction of the Corp of Engineer; that the City should be able to control the project under the usage of the street; that calls have been made to the City, but no assistance has been given; that the wash must be maintained, but that the neighborhood should not be destroyed during the process. Dr. Michael Moret, Palm Springs, stated that 1 1/2 years ago G & M Construction started dredging the wash; that information was given that G & M had a multi-year contract with the County and that the City had no control over the issue; that in fact, no permits were issued, no contracts were entered into; and that lies were told to the residents of the City; that the fill dirt was stolen; that the Corp of Engineers estimate that the value of dirt hauled away is approximately $12.8 million and that all that the City fined the contractor was $100.00. Ross Jesser, Palm Springs, stated that business as usual will no longer be stood for by the residents; that the wash needs to be made safe and the streets repaired; that the situation should be evaluated so that this does not happen again; and that G & M Construction licenses should be reviewed and revoked; that Mr. Marantz should be investigated and brought before the citizens to address this issue and that the Council needs to see that the citizens are protected. Thomas Van Etten, Palm Springs, read a prepared statement on file in Office of the City Clerk, and added that in the past a proposed “listening session” offer was reprimanded by former member Reller-Spurgin and the current Mayor; that e-mails have been sent by Member Foat proposing the same type of listening sessions; that this should not be done without equitable notification to all citizens so that they are made aware of decisions being made on their behalf. John Wessman, no address given, stated that the dirt in the wash areas must be removed periodically to prevent flooding; that in 1965, 1969, and 1979, the City experienced major flooding; that the bridge in this area had water covering it and roads were closed; that the dirt in the wash is an ongoing maintenance problem for Riverside County Flood Control District; but that the work in the wash should be done legally and with the proper permits. Council Minutes 12-17-03, Page 3 APPROVAL OF CONSENT AGENDA: It was moved by Mills, seconded by Pougnet and unanimously carried, that items 1 though 10, excluding 1, 3 and 4 be adopted. Review by City Manager of Consent Items to be clarified. 1. Approval of Minutes December 3, 2003. Withdrawn. 2. MO 7417 approving Amendment 1 to A4606 with Jeffrey A. Fowler for an extended exhibition period ending June 30, 2004 for the Chairman of the Links located at the Welwood Murray Library; and authorizing payment of $892.97 for liability insurance. 3. MO ----- approving settlement agreement, copy on file in Office of the City Clerk, with Michael Calhoun concerning an October 5, 2001 injury. A-----. Withdrawn. 4. SEE EXTENDED CONSENT AGENDA. 5. MO 7418 approving an agreement with California Department of Justice for the testing of suspected illegal drugs for a per screening and analysis cost, no expiration term. A4767. 6. Res 20795 approving Parcel Map 30143 for Hacker Engineering to subdivide property located southwest of Interstate 10 and Gene Autry Trail, Section 25, T3S, R4E. A4811. Applicants: Norman & Niki Sirota, Cecil Jones, Margaret Bacon Jones, Esther Walker, Palm Alpha, LTD, Douglas Jones and Terrance Anne Brickey Jones. 7. MO 7419 approving a purchase order with Riverside County's Department of Technology to upgrade an existing computer transmission connection line for the Police Department's "Live Scan" fingerprint computer system for $2,000 and an increase of $440.00 per month for use and maintenance of the connection line. 8. MO 7420 approving a purchase from Johnson Power Systems for caterpillar engine repair parts for a period of one year, July 1, 2003 through June 30, 2004 for $100,000. 9. Res 20796 requesting the Riverside County Board of Supervisors to approve Palm Springs as a designated early voting site for upcoming 2004 elections. 10. Res 20797 and 20798 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant # Payee Particular Nature of Conflict Mills 993085 Animal Medical Hospital Business related Council Minutes 12-17-03, Page 4 EXTENDED CONSENT AGENDA: 4. GENE AUTRY SHELL STATION – 4875 E. Ramon Road Recommendation: That the Council approve a Resolution of Convenience & Necessity in order to sell beer and wine at Gene Autry Shell Station located at 4875 E. Ramon Road. M-1 zone, Section 19. Applicant: Diab Ahmad Hussein. Councilmember Mills stated that when a Conditional Use Permit is approved and the public hearing held, this action should be a part of that process. Motion to deny the resolution and request the Planning Commission to review the matter as an amended Conditional Use Permit was presented; after which, it was moved by Mills and failed due to a lack of second. Resolution 20799 as recommended was presented; after which, it was moved by Pougnet, seconded by Foat and carried by the following vote, that R20799 be adopted. AYES: Members Foat, McCulloch, Pougnet and Mayor Oden NO: Member Mills. PUBLIC HEARINGS: 11. CASE 10.445 – PALM SPRINGS MALL – FURST COMMERCIAL APPEAL 2365 E. TAHQUITZ CANYON WAY Mayor Oden declared Conflict of Interest due to association in similar field with vocational schools and exited the Chamber. Recommendation: That the Council consider the decision of the Planning Commission to deny the determination to approve business schools as similar to offices (all types except contractors) in the Community Shopping Center (C-S-C) zone. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber. Mayor pro tem declared the Hearing open. Michael Furst, Palm Springs Mall, requested approval of the item and added that the Mall has experienced vacancy problems in the past; that this item has been in the process since September; that Millers Outpost does want to be released from the lease and that this will add a tremendous amount of foot traffic to the mall. There being no further appearances, the Hearing was closed. Council Minutes 12-17-03, Page 5 Director of Planning & Zoning in answer to questions by Council, stated that Millers lease is set to expire in June of 2004; that the other tenants of the Mall had been contacted and are in favor of the approval in that foot traffic would be increased; that Planning staff did recommend the use; that the Planning Commission was seeking a policy decision regarding the use; that the Mall will continue to be challenged until the population increases; that staff determined that the school would fill the gap in the interim; that overall the Planning Commission was not opposed to the school use, but did want policy determination of the Council; that staff could be instructed to review the CUP process for this type of zone to consider the use by right of zone. Resolution 20800 overruling the Planning Commission decision and directing staff to develop a zoning amendment to consider schools in the CSC zone was presented; after which, it was moved by Foat, seconded by McCulloch and carried by the following vote that R20800 be adopted. AYES: Members Foat, McCulloch and Pougnet NO: Member Mills ABSENT: Mayor Oden. Mayor Oden reentered the Chamber at this time. 12. CASE 5.0956, 5.0965, AND 5.0977 – GENERAL PLAN CIRCULATION ELEMENT AMENDMENTS Recommendation: That the Council approve an Amendment to the General Plan Circulation Map for (a) Case 5.0956 – Huddle Springs Development to reclassify Mesquite Avenue between South Palm Canyon Drive and Random Road from a secondary thoroughfare to a collector street; (b) Case 5.0965 – City of Palm Springs to reclassify Mesquite Avenue between El Cielo Road and Vella Road from a secondary thoroughfare to a special collector street and clarify General Plan Policy 7.1.5 regarding Special Street program and add a new General Plan Policy 7.1.5.A titled Mesquite Avenue Special Street Program; and (c) Case 5.0977 – Wessman Development Company to reclassify Cahuilla Road between Tahquitz Canyon Way and Ramon Road from a collector street to a local street. Notices Mailed 770. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber; and added that with the change in street status and right-of-ways, some property boundaries would change. Mayor declared the Hearing open. John Hildner, Palm Springs, stated that support should be given to downgrade the street status and should likewise consider Mesquite Avenue in the same manner. Richard Goleigh, Palm Springs, stated that the project is long overdue; that traffic is unbearable; that homes are decreasing in value and requested approval of the project. Council Minutes 12-17-03, Page 6 There being no further appearances, the Hearing was closed. Resolution 20801 as recommended was recommended after which; it was moved by Pougnet, seconded by Mills and unanimously carried, that R20801 be adopted. 13. CASE 5.0956 – PD 285 – TTM 31413 - HUDDLE SPRINGS DEVELOPMENT Recommendation: That the Council order the filing of a Mitigated Negative Declaration and approve Planned Development District 285; Tentative Tract Map 31413 for a mixed-use development consisting of 48 residential condominiums, 10 live/work lofts, 25,759 square feet of retail/food space, 9786 square feet of office space and a 8000 square foot restaurant, located on approximately 11 acres bounded by Tahquitz Creek Channel to the north, Random Road to the east, Mesquite Avenue to the south and South Palm Canyon Drive to the west. Zone C-1, Section 23. Notices Mailed 98. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open. Paul Kriplin, Palm Springs, stated that public parking is needed west of entrance on Mesquite; and requested Council consideration of same. Linda Kearney, Palm Springs, stated that the neighbors had worked with the developer on the project; that it would be appreciated if the concerns on moving the driveway 10 feet to the west, a better wall be built and that gating and shrubbery be upgraded be considered as conditions of the project. John Hillgner, expressed support of the project; that the neighborhood impact is low; that further study for a traffic light on the Palm Canyon entrance would be appreciated; and that there is parking spaces available west of the entrance on Mesquite. Ken Turner, no address given, expressed support for the project. James Cioffi, project architect, stated that the project was given unanimous neighborhood support. There being no further appearances, the Hearing was closed. In answer to questions by Council, Director of Planning & Zoning stated that the new traffic signals would be synchronized; that the concerns of the neighbors were addressed in the conditions of approval and that the project will bring more of the downtown feel to South Palm Canyon. Resolution 20802 as recommended was presented; after which, it was moved by Mills seconded by Pougnet and unanimously carried, that R20802 be adopted. Council Minutes 12-17-03, Page 7 14. CASE 5.0977 – PD 288 – TTM 31887 – JOHN WESSMAN Recommendation: That the Council order the filing of a Mitigated Negative Declaration and approve Planned Development District 288; Tentative Tract Map 31887 to construct 38 condominium units for property located at 284 S. Cahuilla Road. Zone R-2 and R-3, Section 15. Notices Mailed 116. Director of Planning & Zoning reviewed the staff report and site plans on display in the Chamber. Mayor declared the Hearing open. John Wessman, developer, stated that the project will be an exciting urban infill; that the architecture will be post modern and Spanish revival and requested approval of the project as recommended. There being no further appearances, the Hearing was closed. In answer to questions by Council Director of Planning & Zoning stated that the height of the present building is higher than what is proposed; that decorative pavers will be installed along Cahuilla; and that meetings were held with the surrounding neighbors. Resolution 20803 as recommended was presented; after which, it was moved by Mills, seconded by Foat and unanimously carried, that R20803 be adopted. 15. RIGHT-OF-WAY VACATION – NORTH SUNRISE WAY Recommendation: That the Council approve the vacation of a portion of the right-of-way dedicated for the pubic street named North Sunrise Way. T3S, R4E, Section 36. File R-03-042. City Manager reviewed the staff report. Mayor declared the Hearing open; there being no appearances, the Hearing was closed. Resolution 20804 as recommended was presented; after which, it was moved by Mills, seconded by Pougnet and unanimously carried, that 20804 be adopted. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. Council Minutes 12-17-03, Page 8 LEGISLATIVE ACTION: 16. EARTHQUAKE/FLOOD INSURANCE RENEWALS On December 3, 2003, Council directed that this matter be reconsidered regarding earthquake and flood insurance premium renewals, effective November 21, 2003. Assistant City Manager reviewed the staff report. Councilmember Pougnet stated that the odds are not great for a catastrophic event, but that the citizens did not get the City in its budget deficit; that it is uncomfortable to put the City at risk; and that the Council should be concerned with the safety and security of its citizens. Resolution 20805 as revised, to increase 3rd level to $50 million, increasing the total cost to $103,125 was presented; after which, it was moved by Pougnet, seconded by Foat and carried by the following vote that R20805 be adopted. AYES: Members Foat, Pougnet and Mayor Oden NO: Members McCulloch and Mills. 17. COUNCIL SUITE REMODEL Recommendation: That the Council consider the purchase of furniture and remodel of the Mayor and Council suite area in the amount of $81,400. Assistant City Manager reviewed the staff report; and added that the remodel had been revised and the cost was reduced to $40,000; that all valley cities provide its members with offices; that the proposal is for two offices and a secretary area; that the $40,000 includes all soft costs including demolition of walls and additional costs for computer lines and the like; and that the plans were drawn by an interior decorator. Councilmember Foat expressed strong support for the project citing that funds were available in the unallocated budget; that at the present time there is not a place to meet with citizens; that in fact, the City of West Hollywood allocates $40,000 to each Councilmember to hire an assistant; that there is a desire to meet with College of the Desert to institute an intern program; and that there does need to be an ability for a Member of the City Council to meet with the citizens outside of their private residence. Councilmember McCulloch stated that as presented the issue is balancing the need to communicate with the citizens versus the budget deficit and added that there is not unallocated surplus in the budget. Council Minutes 12-17-03, Page 9 Councilmember Mills stated that he has spent the last 30 years in the architectural field; that the existing space and its conditions are familiar; that the desired space could be accomplished without moving walls; that there is only two members of the Council that have expressed an interest in using the space; that the Council is reviewing the numbers of the budget and is examining the idea of cutting 40-50 employees; that there are other ways to handle getting the space that is wanted by the members and that this is not the correct way. Mayor stated that this is City Hall; that people come here to conduct business; that an appropriate area should be provided to Councilmembers in the place of business; that most cities do provide same for its members and that the situation is not uncommon. Councilmember Mills requested a copy of the cost accounting being recommended. Assistant City Manager stated a full presentation would be presented to the Council. Motion approving the remodel for up to $40,000 for two Council offices and one Mayor office, with plans to be reviewed by Council was presented; after which, it was moved by Foat, seconded by Pougnet and carried by the following vote that the Motion be adopted. AYES: Members Foat, Pougnet and Mayor Oden NO: Members McCulloch and Mills. 18. INDIAN AVENUE - GENE AUTRY – I-10 INTERCHANGE FUNDING Recommendation: That the Council consider funding sources for the Indian Avenue - I-10 and Gene Autry - I-10 Interchange Projects. Materials to be provided. Director of Public Works/City Engineer reviewed the staff report. Minute Order 7421 to switch the grant application to Federal STP funds was presented; after which, it was moved by Mills, seconded by Foat and unanimously carried, that MO7421 be adopted. Motion to continue the meeting past 11:00 p.m., was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that the Motion be approved. 19. MUNICIPAL CODE AMENDMENT – GRADING (Intro 12-3-03) City Clerk read Title of Ordinance 1641 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 8.04.015 OF THE PALM SPRINGS MUNICIPAL CODE TO ELIMINATE ITEM (9) REGARDING GRADING PLAN EXEMPTED WORK Council Minutes 12-17-03, Page 10 after which, it was moved by Foat, seconded by Mills and unanimously carried, that further reading be waived and Ordinance 1641 be adopted. 20. AIRPORT USE AND LEASE AGREEMENT STANDARD FORM Recommendation: That the Council approve a new ten (10) year standard Airport Use and Lease Agreement form for use with the airlines. City Manager withdrew the item. 21. FINAL MAP 30054 Recommendation: That the Council approve Final Map 30054 for Hunsaker and Associates Irvine, Inc representing K. Hovnanian’s Four Seasons at Palm Springs LLC to subdivide property located at 3600 N. Sunrise Way, Section 36 T3S, R4E. A4812. Director of Public Works/City Engineer reviewed the staff report. Resolution 20806 as recommended was presented; after which, it was moved by Mills, seconded by Foat and unanimously carried, that R20806 be adopted. 22. CONVENTION CENTER EXPANSION – PHASE 2 Recommendation: That the Council approve Amendment 2 to A4577 with Turner Construction Company for construction management services on the expansion of the Convention Center to extend the term to September 30, 2005. Total contract $2,159,304.84. A4577. Executive Director – Airports reviewed the staff report. Minute Order 7422 as recommended was presented; after which, it was moved by McCulloch, seconded by Mills and unanimously carried, that MO7422 be adopted. 23. PALM SPRINGS INTERNATIONAL AIRPORT – TRANSPORATION SECURITY ADMINISTRATION Recommendation: That the Council approve Modification 2 to A4736 and approve an agreement with the Transportation Security Administration (TSA) for flexible law enforcement officer services located at the Palm Springs International Airport. A4813. (See A4736) Executive Director – Airports reviewed the staff report. Minute Order 7423 as recommended was presented; after which, it was moved by Pougnet, seconded by Foat and unanimously carried, that MO7423 be adopted. Council Minutes 12-17-03, Page 11 24. PALM SPRINGS INTERNATIONAL AIRPORT – RESIDENTIAL SOUND INSULATION PROGRAM Recommendation: That the Council approve an agreement with ______ for the Residential Sound Insulation Program (RSIP) Phase IV in the amount of $_____, subject to FAA approval. CP03-29, CP2003-10. A-----. Materials to be provided at meeting. City Manager withdrew the item. 25. COACHELLA VALLEY FRINGE-TOED LIZARD - MOU Recommendation: That the Council approve Amendment 2 to A4366 with Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Rancho Mirage, County of Riverside, Coachella Valley Association of Governments, California Department of Fish and Game, U.S. Fish and Wildlife Service, and Center for Natural Lands Management regarding measures to minimize and mitigate take of the Coachella Valley Fringe-Toed Lizard. Director of Planning & Zoning reviewed the staff report. Minute Order 7424 as recommended was presented; after which, it was moved by Mills, seconded by Pougnet and unanimously carried, that MO7424 be adopted. 26. COGENERATION WASTEWATER TREATMENT PLANT Recommendation: That the Council authorize with Southern California Edison (SCE) the termination of the Interconnection and Power Purchase Agreement A2018 for the cogeneration project at the Wastewater Treatment Plant. Director of Public Works/City Engineer reviewed the staff report. Minute Order 7425 as recommended was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that MO7425 be adopted. 27. PALM SPRINGS INTERNATIONAL AIRPORT TERMINAL COUNTER Recommendation: That the Council approve Amendment 1 to A4405 for tenant improvements for a terminal counter promotional space and to offer a rent reduction to Marriott Vacation Corporation International for $12,000 for the next three years of the lease to offset the tenant's development cost. A4405. Executive Director – Airports reviewed the staff report. Minute Order 7426 as recommended was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that MO7426 be adopted. Council Minutes 12-17-03, Page 12 28. CITY INVESTMENT POLICY Recommendation: That the Council approve the City's Investment Policy. Director of Finance & Treasurer reviewed the staff report. Resolution 20807 as recommended was presented; after which, it was moved by McCulloch, seconded by Mills and unanimously carried, that R20807 be adopted. 29. STUDY SESSION DOCKET Recommendation: That the Council consider and direct staff as to the priority for study session agendas. City Manager withdrew the item for rescheduling on January 14, 2004 Study Session. 30. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests Councilmember Mills requested that the statement “Please turn off all cell phones and electronic equipment” be placed on the blue agendas; that Chamber of Commerce brochures be placed at the Business License counter; that a report is requested on the Sunrise/Vista Chino Medians regarding landscape maintenance and quality; that the Engineering Department inspect the median at west end of Ramon at the Ralph’s shopping center complex; that all meetings with legislative items be held at City Hall; and that a detailed staff report regarding the Planning Department, including which options staff is recommending with reference to the comments by the Development Task Force and the Kaplan report is requested. Councilmember Foat requested a report on the Taxi Advertising issue; that staff schedule a study session regarding a possible Admissions Tax; that public hearings to discuss the City's impact from vehicle license fee takeaway should be held, and requested a report on how programming on Channel 17 is determined. 31. FISCAL YEAR 2002-03 DEVELOPMENT PROJECT FEE REPORT - received for filing. 32. Treasurer's Investment Report as of October 31, 2003. Received and filed. 33. COUNCIL APPOINTEES/LIAISONS On December 3, 2003 Council directed this item be continued to this date to review and appoint member/alternates as voting members for various Agencies as attached. Members/alternates appointed as per attached sheet. Council Minutes 12-17-03, Page 13 34. HUMAN RIGHTS COMMISSION appointment (1) Term ending 06-30-04. Council motion to re-calendar. 35. COACHELLA VALLEY MOSQUITO & VECTOR CONTROL appointment (1) Term ending 12-31-05. Christine Hammond appointed; McCulloch and Mills No. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk