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HomeMy WebLinkAbout2004 - MINUTES - 2/4/2004 CITY OF PALM SPRINGS CITY COUNCIL MINUTES FEBRUARY 4, 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, February 4, 2004, at 5:00 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 by Boy Scout Troop 262 and an invocation by Dr. Sharon Stroud — Interfaith Ministries Worldwide. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on January 30, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 of agenda this date. PRESENTATIONS: Proclamation -African-American AIDS Awareness Week ' HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Frank Wenzel, Palm Springs, member of the PSEDC stated that the reorganization of the Planning Department was recommended by the PSEDC; that there are members of the Council that are mistaken in what was supported by the PSEDC and that it is recommended that the strategic planning be separated from the day to day planning operations. Shirley Bush, representing Sunrise Norte, requested that the Council that when this item is reviewed, they consider that there are more than resale restrictions at stake for the residents. John Sanborn, Palm Springs, stated that the Council does need to consider a smooth transition between the planning functions; that the planners in place are not quite up to speed as of yet and that the task force findings should be implemented. John Stiles, PSEDC, stated that the report by the PSEDC dated April 23, 2003 is legitimate; that the City Manager has made recommendations that should be approved and that it is urged that the Council support the recommendation. ' APPROVAL OF CONSENT AGENDA: It was moved by Foat, seconded by Pougnet and unanimously carried, that Items 1 thru 5, excluding 3, be adopted. Council Minutes 02-04-04, Page 2 Review by City Manager of Consent Items to be clarified. , 1. Approval of Minutes December 3, 17 and January 7, 15 & 21, 2004. 2. SEE EXTENDED CONSENT AGENDA 3. Res 20820 approving a Resolution of Convenience & Necessity to allow Desert Discount Wine, Spirits & Gifts, a proposed new liquor store, to sell alcohol located at 611 South Palm Canyon Drive, Suite 1. Zone PD-77 (C-2) Section 22. 4. MO 7436 approving Plans and Specifications and solicitation of bids for the remodel of the General Aviation Processing Facility U S Customs and Border Protection at the Palm Springs International Airport. CP 2004-02. 5. MO 7437 approving Plans and Specifications and solicitation of bids for Calle Amigos Street Improvement Project. CP 03-13. 6. MO 7438 approving Amendment 1 to A4732 with Architectural Resources Group Inc for a Citywide Historic Resources Survey for $7,040. 7. MO 7439 approving contract with South Coast Air Quality Management District (AQMD) for AB2766 Funds for implementing air pollution reduction projects for $44,529.00. A4825. , 8. Res 20821, 20822 and 20823 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 994033 Animal Medical Hospital Business Related Mills 994034 Animal Medical Hospital Business Related EXTENDED CONSENT AGENDA 2. SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT PROJECT Recommendation: That the Council approve Change Order 1 to A4686 with Steiny and Company for the Sunrise Way Traffic Signal Interconnect Project for a decrease of$27,187.20. CP 01-14. City Engineer reviewed the staff report and added that the even with the restocking fee for some items, those items will result in a savings of $7,000. Minute Order 7440 was recommended; after which, it was moved by Mills, seconded by Foat, and unanimously carried, that M07440 be adopted. Council Minutes 02-04-04, Page 3 PUBLIC HEARINGS: 9. CASE 5.0870 - STREET NAME CHANGE — FROM MESQUITE AVENUE TO DINAH SHORE DRIVE, EAST OF GENE AUTRY TRAIL TO THE CITY LIMITS Recommendation: That the City Council approve a street name change from Mesquite Avenue to Dinah Shore Drive between Gene Autry Trail and the Dinah Shore Bridge. Case 5.0870 Applicant: Ernest G. Nola 110 Notices Mailed. Director of Planning and Zoning reviewed the staff report and added that the applicant had indicated that an upgraded sign would be submitted for consideration at a later date. Mayor declared the Hearing open; there being no appearances, the Hearing was closed. Resolution 20824 as recommended was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that R20824 be adopted. 10. CASE 5.0421 - PD185 - DESERT REGIONAL MEDICAL CENTER — 388 MEL AVENUE Councilmember Mills declared Conflict of Interest as architect for the project and ' exited the Chamber. Recommendation: That the City Council approve a proposed minor amendment to Planned Development District 185, Desert Regional Medical Center Master Plan, for an expansion in lieu of zone change, for Master Plan Expansion and parking lot improvements located at 388 Mel Avenue between Indian Canyon Drive and Via Miraleste, Zones PD-185 and R-3, Section 11. Applicant: Desert Regional Medical Center. 230 Notices Mailed. Director of Planning and Zoning reviewed the staff report. Mayor declared the Hearing open. Richard Clifford, Palm Springs, stated that the HOA has one concern of traffic; and requested that one side of the street be designated no parking and that a traffic signal be installed to assist with ingress and egress. Vincent Dundee, Palm Springs, stated that there is some concern with lighting; and requested that the Planning Commission recommendation be approved. Mike Fontana, representing Desert Regional Medical Center, stated that the land will be for employee parking; that the project was designed with the neighbors in mind; that the most desirable spaces to park are the furthest away from residences; that the lighting was modified and will be discussed with the neighbors before going for further review by the Planning Commission; that the landscape is beefed up to use more mature plants and trees; and that the crosswalks will be lit, but not in a way to disturb the neighbors. There being no further appearances, the Hearing was closed. Council Minutes 02-04-04, Page 4 Director of Planning & Zoning stated that the Planning Commission did review , the lighting fixtures; that the Planning Commission did request the applicant review the fixtures with all parties involved before final acceptance by the Planning Commission. City Engineer stated that alternatives for crosswalk lighting were being reviewed to include in pavement crosswalk lighting. Resolution 20825 as recommended was presented; after which, it was moved by McCulloch, seconded by Pougnet and unanimously carried, Mills absent, that R20825 be adopted. Councilmember Mills reentered the Chamber. 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: 11. CALIFORNIA IRRIGATION MANAGEMENT INFORMATION SYSTEM , WEATHER STATION (CIMIS) Recommendation: That the Council approve a joint agreement with Desert Water Agency and the University of California Cooperative Extension for a CIMIS Weather Station located at the Wastewater Treatment Plant for a lease payment of$1.00 per year. A4826. Director of Public Works/City Engineer reviewed the staff report. Resolution 20826 as recommended was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that R20826 be adopted. 12. 2003-04 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET REPROGRAMMING AND CONSOLIDATED ANNUAL PLAN AMENDMENT Recommendation: That the Council approve reprogramming and allocating of $352,253 in CDBG Program Income; and authorize filing of the Consolidated Plan Annual Update. Director of Community & Economic Development reviewed the staff report and added that HUD had not yet replied whether administrative costs could be reprogrammed. Resolution 20827 as revised to delete $51,177 listed under Reprogrammed Allocation was presented; after which, it was moved by Foat, seconded by Pougnet and unanimously carried, that R20827 as revised be adopted. Council Minutes 02-04-04, Page 5 ' 13. MUNICIPAL CODE AMENDMENT— PARKS AND RECREATION AREAS PROHIBITED CONDUCT Recommendation: That the City 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. 14. MUNICIPAL CODE AMENDMENT — REGULATION OF BICYCLES, SKATEBOARDS, SCOOTERS, ROLLER SKATES, COASTERS, TOY VEHICLES, ELECTRIC PERSONAL ASSISTIVE MOBILE DEVICES, AND SIMILAR DEVICES Recommendation: That the City Council amend the Palm Springs Municipal Code Section, Title 12, Chapter 04, to allow for comprehensive regulation of the use of skateboards, roller skates, scooters and electric personal assistive mobile devices within the City. Councilmember Foat expressed concern for prohibiting the use of alternative fuel devices in the downtown. ' Motion to waive the text of Ordinance and read Title was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried that reading of Ordinance text be waived. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING TITLE 12 OF THE PALM SPRINGS MUNICIPAL CODE BY AMENDING CHAPTER 12.04, PERTAINING TO THE DEFINITIONS OF SKATEBOARDS, ROLLER SKATES, SCOOTERS, ELECTRIC PERSONAL ASSISTIVE MOBILE DEVICES AND SIMILAR DEVICES AND BY REPEALING VARIOUS OTHER SECTIONS CONSISTENT THEREWITH after which, it was moved by Mills, seconded by McCulloch and carried by the following vote, that the Ordinance be introduced for first reading. AYES: Members McCulloch, Mills, Pougnet and Mayor Oden NO: Member Foat 15. MUNICIPAL CODE AMENDMENT— IMPACT MITIGATION FEES ORDINANCE FOR SECOND READING & ADOPTION (Intro 1/21/04) Motion to waive the text of Ordinance and read Title was presented; after which, ' it was moved by McCulloch, seconded by Pougnet and unanimously carried that reading of Ordinance text be waived. City Clerk read Title of Ordinance 1642 as follows: Council Minutes 02-04-04, Page 6 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 AND MESQUITE AVENUE, ZONE PD-260, SECTIONS 22 AND 23 after which, it was moved by McCulloch, seconded by Pougnet and carried by the following vote, that Ordinance 1643 be adopted. A4823 AYES: Members McCulloch, Pougnet and Mayor Oden NO: Member Foat and Mills. 16. 2003-04 ALLOCATED POSITIONS & COMPENSATION PLAN AMENDMENT 8 - DEVELOPMENT SERVICES AND AIRPORT Recommendation: That the Council approve Amendment 8 to the 2003-04 Allocated Positions and Compensation Plan regarding the addition of employees to Development Services (Building, Engineering and Planning) and changing the Title of the Executive Director-Airports to Director of Aviation. City Manager reviewed the staff report and resolution as recommended. Councilmember McCulloch stated that each task force meeting of the PSEDC ' was attended as Chairman of the task force; that no other member of the task force was in full attendance; that Mr. Wenzel did speak of the PSEDC report regarding the creation of the Planning Manager position and a gradual shift of planning activities; that this issue was discussed in great detail at many meetings; that the final recommendation of the Task Force was clear that a Planning Manager should be hired with a gradual shift in day to day operations to that position; that certain other measures to speed processing should be set in place; that the fees for services the City is experiencing right now is at an all time high and will fall back to a normal rate; that costs for personnel will go up; that there is a difference in pay between another Department Head and a Manager being hired; that E-Gov is on the horizon of being purchased; that it is being suggested that all these costs will be covered in the proposed increased fees, but that even with the increase of fees, if activity drops, so will the revenue; that the organizational chart included does not tie with the PSEDC report; that the chart is not from the PSEDC, but most likely a City staff recommendation. Councilmember Mills stated that the PSEDC report does recommend a gradual shift of duties from the Director of Planning to the Planning Manager; that as a local architect, business has been conducted with the City of Palm Springs for the past 30 years; that the perception of "business unfriendly" typically comes from those who do not get what they want; that Palm Springs is a highly regulated City; that the City has a high standard to protect its identity; that ' enforcement is used to protect development and the City's residents; that when high standards are in place there will be some unhappy people; that the recommendation is a reaction to a perception, not a reality; that the realities should be dealt with; that the average length of employment in the Planning Department is 10 months; that a better product will not be produced with that Council Minutes 02-04-04, Page 7 ' level of tenure without experienced leadership; that five of the eleven staff members will be new hires; that there is a huge workload at this time; that the department is overworked; that there are budget issues; that when the proposed fees were presented the revenue estimate was $385,000 with $355,000 cost for increased services; that now the proposed revenue has gone up to $484,000 and does not include the engineering field technician or the planning technician; that the development process applies to more than Planning; that the other departments have impacts also; that the City is facing a budget crisis; that currently we are trying to work with what we have and to increase the General Fund; that support is given to shoring up personnel where we need it; that the PSEDC Task Force recommended a gradual shifting of day to day operations to a Planning Manager, not dividing strategic and operations into two departments; that the City needs to give the best service it can with an overlap to allow for an eventual separation level; that this issue is one of timing; that the divided departments will work, but that the time is not now; that it is important to listen to the recommendation of the Task Force; that the Task Force was formed with those who use the Planning process; that with the establishment of a comprehensive monitoring process, such as the proposed E-Gov, the tracking of projects will be available on line to those interested; that the uniqueness of this City is because of what past Council's have created; that this uniqueness is why people want to come here; and that this decision is one that will affect the present and the future. ' Mayor stated the issue is not a new one; that the perception of the Community is one that, whether reality or not, must be dealt with; that it is the goal of the City Council to see that the City functions as best as it can; that the ultimate survey was taken during the election; that now the Council must make a decision; that even with the separation of the departments the perception of being business unfriendly will not end, but this is a beginning of change that shows the Community that the Council is responding; that if the action is not taken now, when should it be taken; that the City Manager is recommending the change; that the proposed fees will cover the changes and that the Council does need to be dealing with the perception. City Manager stated that in addition a recommendation at a cost of $20 — $25,000 would be coming to the Council to hire a professional recruiter for the newly created position of Director of Planning. Councilmember McCulloch stated the process should start in-house before using a recruiter and that there should be an awareness of fiscal creep. City Manager in response to question by Council stated that the function of government is small steps; that this situation needs a greater step; that in order to monitor the situation for success, surveys and round tables will be implemented. ' Resolution 20828 as recommended was presented; after which, it was moved by Foat, seconded by Pougnet and carried by the following vote that R20828 be adopted. AYES: Members Foat, Pougnet and Mayor Oden NO: Members McCulloch and Mills. Council Minutes 02-04-04, Page 8 17. 2004 MISS TEEN PAGEANT Recommendation: That the Council consider sponsorship request by the Wyndham Hotel for the 2004 Miss Teen Pageant. City Manager reviewed the recommendation. Motion to direct staff to amend the budget for $75,000 from fund balance at 2/18/04 meeting, after which; it was moved by Foat, seconded by Mills and unanimously carried, that the Motion be adopted. 18. ADDITIONAL LEGISLATIVE ITEMS: TIBURON SETTLEMENT AGREEMENT Recommendation: That the Council approve a settlement agreement with Tiburon Incorporation. A4827. City Manager recommended approval of the settlement agreement. Minute Order 7441 as recommended was presented; after which, it was moved by Mills, seconded by Pougnet and unanimously carried, that MO7441 be ' adopted. ADDED STARTERS: REPORTS & REQUESTS: CITY COUNCIL reports or requests 19. Treasurer's Investment Report as of December 31, 2003 — Rec'd & Filed. 20. Comprehensive Annual Financial Report for Fiscal Year 02-03 — Rec'd & Filed. Copy previously provided to Council by Finance Mayor Oden requested a report regarding the process for designation of street name changes and the naming of City facilities. Councilmember Pougnet requested a summary of number of Senior Housing units including rates in the City; and an update on the homeless issue. Councilmember Foat requested the creation of a subcommittee for legislation tracking be placed on a future agenda. Councilmember Mills requested a report on who is doing special events for the City, to include who one goes to, where, and the process; requested staff to pursue clean up of the medians on Vista Chino and Sunrise; and requested that the dais desk in the Chamber be repaired. Council Minutes 02-04-04, Page 9 ' PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk