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Home My WebLink About2004 - MINUTES - 1/21/2004 CITY OF PALM SPRINGS CITY COUNCIL MINUTES ' JANUARY 21, 2004 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, January 21, 2004, at 4:00 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 Rev. Richard Drasen — Palm Springs Church Religious Science. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on January 16, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 of agenda this date. PRESENTATIONS: ' a) Appreciation of Service— Leslie S. Pricer b) Citizen Medals of Valor— Dianne Rupp, Gary Okert, and Sergio Barron c) Citizen Commendations — Robert Padilla and Frank T. Burgess d) Swearing in new officers — Officers Pedro Nanez, Gil Fernandez, and Chris Duthaler HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Annie Dugger, representing Alcoholics Anonymous, requested a rental reduction for use of the Council Chamber. Alex Yaron, representing Citizens for Local Government Control, stated that the proposed Convention Center expansion is being revised due to enhancement of the Spa Casino project; that the City should not go in further debt to help an entity that does not support the City; that a fair share agreement is needed between the Tribe and the City of Palm Springs and added that the Tribe did file an initiative with the State that would amend the State Constitution. Charles Goodballet, Jim Weber Associates, stated that regarding item 6 the lowest bid was not awarded the contract; that the Council is being asked to uphold rejecting of that ' bid due to noncompliance; that in fact, the bid was in compliance with state law and that as the low bidder, the contract should be awarded according to state statute. Lucia Moran, reported on a community clean up in the Desert Highland area including 54 volunteers on January 10, 2004. Council Minutes 01-21-04, Page 2 Susan Wasserman, Cathedral City, requested Council review of the Skate Park fees for ' nonresidents. APPROVAL OF CONSENT AGENDA: It was moved by Mills, seconded by Pougnet and unanimously carried, that Items 1 thru 8, excluding 2 and 6, be adopted. Review by City Manager of Consent Items to be clarified. 1. MO 7431 approving contract with Schmidt Services, LLC for soil sterilization services at the Palm Springs International Airport for $26,200. A4818. 2. Res ------ approving revised Plans and Specifications and solicitation of bids for the Convention Center Expansion Project, subject to Planning Commission approval, CP 02-27. Cont'd to 1/28/04. 3. MO 7432 approving Plans and Specifications and solicitation of bids for 2003/2004 Annual Slurry Seal, CP 03-15. 4. MO 7433 approving settlement agreement, copy on file in the Office of the City Clerk, with Ramy Hormoz and Nejat Kohan concerning multiple code violations at , the Spanish Inn Hotel, located at 640 Indian Canyon. A4819. 5. MO 7434 approving settlement agreement, copy on file in the Office of the City Clerk, with the Sierra Club / Center for Biological Diversity and Palm Springs Investment Company regarding the Palm Springs Classic Project, PD231, Case 5.0666 for 460 acres of property located on Vista Chino and Gene Autry Trail, east of the Palm Springs International Airport. A4820. 6. SEE EXTENDED CONSENT AGENDA 7. MO 7435 approving a lease with Signature Flight Support Corporation for Fixed Base Operator services at the Palm Springs International Airport for $18,809.84 per month and rescinding A684 and A3742. A4821. 8. Res 20813 and 20814 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 993840 C Kell-Smith & Assoc Business related Councilmember Mills declared Conflict of Interest due to client of business and exited the Chamber. , Council Minutes 01-21-04, Page 3 ' EXTENDED CONSENT AGENDA: 6. AIRPORT RESIDENTIAL SOUND INSULATION PROGRAM— PHASE IV Recommendation: That the Council approve a contract with Great West Contractors, Inc for the Airport Residential Sound Insulation Program (RSIP) Phase IV and upholding the bid protest filed, contract amount $1,554,000. Subject to FAA approval, AIP3-29, CP 03-10. A4822. Director of Procurement & Contracting reviewed the staff report. Resolution 20815 as recommended was presented; after which, it was moved by Pougnet, seconded by Foat and unanimously carried, Mills absent, that R20815 be adopted. Councilmember Mills reentered the Chamber. PUBLIC HEARINGS: Councilmember Mills declared Conflict of Interest due to business client relationship and exited the Chamber. ' Councilmember McCulloch declared appearance of Conflict of Interest due to children's attendance at the applicant's school and exited the Chamber. 9. CASE 5.935 — PD 59— DESERT CHAPEL—630 SOUTH SUNRISE WAY Recommendation: That the Council approve revisions to the Desert Chapel Master Plan, Case No. 5.935 — Planned Development District 59 including the addition of classrooms, nursery, new administrative building and new special events area; and establish regulations regarding special events, including night football games; subject to conditions of approval for property located on 10.16 acres, 630 South Sunrise Way, Zone PD 59, Section 24. Applicant: Desert Chapel. 210 Notices mailed. Director of Planning & Zoning reviewed the staff report and submitted revised Conditions of Approval, copy on file in Office of the City Clerk. Mayor declared the Hearing open. The following persons spoke in support of the project: Ken Huskey, Palm Springs Gary Skinner, Palm Springs High School Coach Frank Marshall, Administrator, Desert Chapel Christian School ' Dr. John Stephens, Teacher, Desert Chapel Christian School Barbara Beaty, Teacher, Desert Chapel Christian School Amanda Scott, Student Desert Chapel Christian School Chelsea Abercrombie, Student Desert Chapel Christian School Tracy Welsh, Teacher, Desert Chapel Christian School Russell White, Athletic Director, Desert Chapel Christian School Council Minutes 01-21-04, Page 4 Janie Abercrombie, High School Secretary ' Jeanne Dremel, Palm Springs Sean Wood, Palm Springs Mike Leeman, no address given Missy Donaldson, ABS Director, Desert Chapel Christian School The following persons spoke in opposition to the project: Ruthie Frazee, no address given Arthur MacMillan, Palm Springs Chuck Diodosio, Palm Springs Marie Bochnewich, representing Mesquite Home Owners Association John Bush, no address given Mike Connors, Palm Springs Tim Hoefineyer, Palm Springs Joan Martin, Palm Springs Charlene LaBeau, no address given In answer to questions by Council, Director of Planning & Zoning stated that there is a maximum of seven games that will be played per season; that the permit requests ten games in case payoffs are reached; that lights were brought in around Sunny Dunes to allow for pedestrian crossing; that there is a security guard on site; that the field is 80-feet of play and the use of Palm Springs High ' School stadium would be difficult; and that the Planning Commission did view the use as temporary; that the signage of Desert Chapel is outside of the right of way; that the street sign indicating Desert Chapel is typical signage; that the nearest residential neighbor is in excess of 200-300 feet away for the area; that the Community meetings typically include the representatives of the neighboring groups, such as the HOA Board Members and any attorneys and added that a full Community meeting will be held to discuss all the details and added that a report will be provided to the Council concerning precedence of land use and whether there are any options for use of another area to host the football games. Motion to continue the Hearing to February 18, 2004 to allow the applicant and the neighbors to meet and confer on issues to include noise monitoring compliance standards was presented; after which, it was moved by Foat, seconded by Pougnet and unanimously carried, Mills and McCulloch absent, that the Motion be adopted. Councilmember McCulloch reentered the Chamber. Council Minutes 01-21-04, Page 5 ' 10. CASE 5.0954 — PD 242 - TTM 28308 — DESERT CHAPEL — NW CORNER OF SUNRISE WAY AND SUNNY DUNES Recommendation: That the Council approve Planned Development District 242 and Tentative Tract Map 28308 to subdivide 3.22 acres into seven single family residential lots and three professional office lots, for property located on the northwest corner of Sunrise Way and Sunny Dunes. R-1-C, RMPH zones, Section 23, Applicant: Desert Chapel. 103 Notices mailed. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open. The following persons spoke in favor of the project: Marvin Roos, Mainiero, Smith &Associates, representing project Sean Wood, Palm Springs Randall Guy, representing Ramon Mobile Home Park Mike Lenley, Palm Springs ' The following persons spoke in opposition of the project: Charlene Labeau, no address given Robert Hazucha, Palm Springs Michael Deal, Palm Springs Steve Rossel, Palm Springs Peter Intranvartolo, Palm Springs Sherri Sale, Palm Springs John Bush, no address given Mike Connors, no address given Lady speaker, no address given City Attorney stated that the applicant is requesting a 60-day continuance of the matter. Motion to continue Hearing to March 17, 2004, to allow neighborhood meetings, was presented; after which, it was moved by Pougnet, seconded by Foat and carried by the following vote, that the Motion be adopted. AYES: Members Foat, Pougnet and Mayor Oden NO: Member McCulloch ABSENT: Member Mills. Councilmember Mills reentered the Chamber. Council Minutes 01-21-04, Page 6 11. IMPACT MITIGATION FEE ' Recommendation: That the Council approve a development agreement with Fairfield Resorts for the Star Canyon Resort to facilitate the collection of a Financial Impact Mitigation Fee for project located on the west side of South Palm Canyon Drive between Sunny Dunes Road and Mesquite Avenue, Zone W- C-1 and W-R-3, Section 22 and 23. Applicant: Fairfield Resorts. 24 Notices Mailed. A4823. Director of Planning & Zoning reviewed the staff report and added that the recommendation is for the facilitation of the collection of a Financial Impact Mitigation Fee to offset a portion of the transient occupancy tax lost due to the conversion of the project to a time share development. Mayor declared the Hearing open; there being no appearances, the Hearing was closed. Councilmember Mills stated that the project originally approved was a high quality level project; that the recent revised plans submitted are not close to what was originally approved; and that any attempt to alter the original conditions would be met with adversity. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH FAIRFIELD RESORTS INC., TO FACILITATE THE COLLECTION BY THE CITY OF PALM SPRINGS OF A FINANCIAL IMPACT MITIGATION FEE FOR THE STAR CANYON RESORT ON THE WEST SIDE OF SOUTH PALM CANYON DRIVE BETWEEN SUNNY DUNES ROAD AND MESQUITE AVENUE, ZONE PD-260, SECTION 22 AND 23 after which, it was moved by Foat, seconded by Pougnet and carried by the following vote, that further reading be waived and the Ordinance be introduced for first reading. AYES: Members Foat, McCulloch, Pougnet and Mayor Oden NO: Member Mills. 12. TM 10527 — CANYON HEIGHTS - RIGHT-OF-WAY EASEMENT Recommendation: That the Council approve the vacation of certain ingress and egress of areas designated as Private Street for service, utilities and emergency vehicles. T4S, R4E, Section 34. File R-03-039. Director of Public Works/City Engineer reviewed the staff report. , Mayor declared the Hearing open; there being no appearances, the Hearing was closed. Council Minutes 01-21-04, Page 7 ' Resolution 20816 as recommended was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that R20816 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. LEGISLATIVE ACTION: Councilmember Mills declared Conflict of Interest due to proximity of resident and exited the Chamber. 13. MOUNTAIN GATE—ASSESSMENT DISTRICT 161 Recommendation: That the Council authorize the issuance of limited obligation improvement bonds; the execution of an acquisition and funding agreement and make findings of determination for Assessment District 161 a 308 single family residential project with Mountain Gate Palm Springs Ventures for property located on the northeast corner of North Palm Canyon Drive and Gateway Drive. A4824. Director of Finance & Treasurer reviewed the staff report. Resolution 20817 and 20818 as recommended were presented; after which, it was moved by McCulloch, seconded by Pougnet and unanimously carried, Mills absent, that R20817 and 20818 be adopted. 14. ORDINANCE FOR SECOND READING &ADOPTION (Intro 1-7-04) MUNICIPAL CODE AMENDMENT—AUCTION SALES City Clerk read Title of Ordinance 1642 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.04 TO THE PALM SPRINGS MUNICIPAL CODE TO ALLOW AUCTION SALES AT CITY-OWNED FACILITIES SUBJECT TO LAND USE PERMIT BY THE DIRECTOR OF PLANNING AND ZONING after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that further reading be waived and Ordinance 1642 be adopted. 15. MUNICIPAL CODE AMENDMENT — PARKS AND RECREATION AREAS, PROHIBITED CONDUCT ' Recommendation: That the Council amend the Palm Springs Municipal Code Section 11.44.060 to expand the prohibition on bathing, swimming and conducting personal hygiene to include all fountains located within the City. City Manager withdrew the item. Council Minutes 01-21-04, Page 8 16. NOT USED ' 17. ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None. REPORTS & REQUESTS: CITY COUNCIL reports or requests 18. Parks & Recreation Commissioner Removal City Manager withdrew the item. Councilmember Pougnet requested an update on the Homeless Task Force status; an update on the General Plan Steering Committee Vision Statement and reported that discussions are being held with the Mizell Senior Center staff regarding a Council liaison. Mayor Oden requested a review of the fee program in place for the use of the Skate Park and all other City facilities. ' PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no fur-the ed. PATRICIA A. SANDERS City Clerk 1