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Home My WebLink About2004 - MINUTES - 2/18/2004 CITY OF PALM SPRINGS CITY COUNCIL MINUTES FEBRUARY 18, 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 18, 2004, 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 Matt Kaump, Spiritual Enrichment Center REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on February 13, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 of agenda this date. PRESENTATIONS: None. 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: Harold Matzner, no address given, requested approval of item 1 and added that in addition there will be a personal pledge of$25,000. Shirley Bush, Palm Springs, requested intervention of the Council regarding resale restrictions form Sunrise Norte and added that calls have been made to the Director of Community & Economic Development and the City Manager, but no answers have been forth coming. Sergio Santos, no address given, requested revisions to the agreement regarding item 2 and submitted the recommendations to the City Manager. Copy on file in Office of the City Manager. APPROVAL OF CONSENT AGENDA: It was moved by Mills, seconded by McCulloch and unanimously carried, that ' Items 1 thru 9, excluding 1, 2, 4 and 6, be adopted. Review by City Manager of Consent Items to be clarified. 1. SEE EXTENDED Council Agenda 02-18-04, Page 2 2. MO ----- approving a one-year lease agreement with Coachella Valley Taxi Owners Association in the amount of $281.41 per month at the Palm Springs International Airport. A---- WITHDRAWN 3. MO 7442 approving the National Pollutant Discharge Elimination System Stormwater Discharge Permit Implementation agreement with Riverside County Flood Control and Water Conservation District, County of Riverside, Coachella Valley Water District and the cities of Banning, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert and Rancho Mirage. A 4829 4. SEE EXTENDED AGENDA 5. MO 7443 approving settlement agreement, copy on file in the Office of the City Clerk, with Mary Lanca concerning an injury. A4830. 6. Res ----- concurring with CRA A. WITHDRAWN 7. MO 7444 approving Amendment 2, with Fentress Bradburn Architects Ltd, for the Convention Center Expansion Project Phase II design services, increase $119,889. A4615. ' 8. MO 7445 approving one year license agreement with Palm Springs Power for use of Palm Springs Stadium, in the amount of$175 per home game. A4831. 9. Res 20829 and 20830 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 994371 Animal Medical Hospital Business Related EXTENDED CONSENT AGENDA: 1. MISS TEEN USA PAGEANT 2003-04 FISCAL YEAR BUDGET Recommendation: That the Council approve a budget amendment in the amount of $75,000 for fiscal year 2003-04 to provide funding for the site fee for the Miss Teen USA pageant. City Manager recommended approval of the recommendation. Resolution 20831 as recommended was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that R20831 be adopted. Council Agenda 02-18-04, Page 3 4. RUBBERIZED ASPHALT GRANT SB 1346 , Recommendation: That the Council authorize the Director of Public Works and Engineering to submit application with California Integrated Waste Management Board for SB 1346 Rubberized Asphalt Concrete Grant Program funding. Director of Public Works/City Engineer reviewed the staff report. Resolution 20832 as recommended was presented; after which, it was moved by Foat, seconded by Mills and unanimously carried, that R20832 be adopted. PUBLIC HEARINGS: Councilmember Mills declared Conflict of Interest due to being the project architect and exited the Chamber. Councilmember McCulloch declared Conflict of Interest due to children's attendance at Desert Chapel Christian School and exited the Chamber. 10. 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. Mayor declared the Hearing open. The following persons spoke in opposition to the project. Diane Ross, representing Deepwell residents Tim Hohmeier, Palm Springs Charles Diodosio, Palm Springs Peter Intravartolo, Palm Springs Steve Rossel, Palm Springs Judy Fraley, Palm Springs Karleen Grummett, Palm Springs Roger Grummett, Palm Springs Arthur MacMillan, Palm Springs Barbara MCKenna, Palm Springs Roxy Lee for Elkie Jost, Palm Springs ' Fred Luevano, Palm Springs Matilda Jones, Palm Springs Ruthie Frazee, Palm Springs Council Agenda 02-18-04, Page 4 ' The following persons spoke in favor of the project. Don Schroeder, Palm Springs Don Parshall, Palm Springs Marsha Dowler, Palm Springs Jim Dowler, Palm Springs Gary Skinner, Palm Springs Sean Wood, Palm Springs Ted Jones, Palm Springs Stan Henry, Cathedral City Joy Ellingtom, Palm Springs Bryan Tuggle, Palm Springs Randall Guy, representing Ramon Mobile Home Park Ken Huskey, Palm Springs Michael Kaiser, Palm Springs Jeanne Dremel, Palm Springs Barbara Beaty, Cathedral City Chaz Branham, Palm Springs Shane Nicholas, Palm Springs Blaze Rovney, Cathedral City Bobette Roschert, Cathedral City Rhonda Goodman, Palm Springs Colleen Swank, Palm Springs Ralph Thornton Palm Springs Michael Lindley, Rancho Mirage The following persons were available for questions regarding the project. Ralph Raya, MRC Associates, regarding lighting of the project Joan Martin, not impacted, available for recommendations There being no further appearances, the Hearing was closed. Mayor stated that this item was originally heard in January, 2004; that direction was given for the concerned parties to meet and come to compromise; that some items do need further review; but that a compromise is a give and take; that Desert Chapel has asked for the opportunity to prove it can be a good neighbor and follow the conditions of approval recommended by the Planning Commission; and that it should be given the chance. Motion to approve the recommendation was presented by Mayor Oden and died due to a lack of second. Councilmember Foat stated that the recommendation is for the concern to be reviewed in July, 2004; that there are no events up to that time that would be reviewed; that if the facilities were separated from the special events portion, the item could be voted on separately; that a compromise would be to move the special events indoors and move the football games to some other field; and that approval of the item as recommended will set a precedent in the City. Council Agenda 02-18-04, Page 5 Councilmember Pougnet questioned if an investigation of alternative sites had been done and if other teams in the league play at alternative times and added that there is a concern regarding statements made by members of the Planning Commission; that the issue is about lights and noise and that compliance must be monitored by the City Manager with reports to the City Council. Mayor stated that at some point Desert Chapel will outgrow its present site for recreational activities and that staff may want to work closer on finding alternative sites; that as a compromise, each game could be monitored to ensure compliance with the Conditions of Approval and that if the Conditions are violated, the permit with be revoked. Resolution 20833 as recommended was presented; after which, it was moved by Oden, seconded by Pougnet and carried by the following vote, that R20833 be adopted. AYES: Member Pougnet and Mayor Oden NO: Member Foat ABSENT: Members Mills and McCulloch. 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. Note: The following items were adjourned to February 20, 2003. See Minutes of same date. LEGISLATIVE ACTION: 11. 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. a) Memorandum of Chief of Police b) If desired, Ord ----for intro and first reading. Adj to 2-20-04. 12. ORDINANCE FOR SECOND READING & ADOPTION (Intro 2-4-04) MUNICIPAL CODE AMENDMENT — REGULATION OF BICYCLES, SKATEBOARDS, SCOOTERS, ROLLER SKATES, COASTERS, TOY VEHICLES, ELECTRIC PERSONAL ASSISTIVE MOBILE DEVICES, AND SIMILAR DEVICES a) If desired, Ord ----for adoption. Adj to 2-20-04. Council Agenda 02-18-04, Page 6 r13. 2003-04 ALLOCATED POSITIONS & COMPENSATION PLAN AMENDMENT 9 - POLICE DEPARTMENT 2003-04 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council approve Amendment 9 to the 2003-04 Allocated Positions and Compensation Plan regarding the addition of two police officers; and amend the budget in the amount of$200,000 thereto. a) Memorandum of Chief of Police b) If desired, Res as recommended c) If desired, Res amending budget. Adj to 2-20-04. 14. 2003-04 ALLOCATED POSITIONS & COMPENSATION PLAN AMENDMENT 10 - PARKS AND RECREATION Recommendation: That the Council approve Amendment 10 to the 2003-04 Allocated Positions and Compensation Plan regarding the addition of three recreation attendants. a) Memorandum of Director of Department of Parks and Recreation b) If desired, Res ----- as recommended. Adj to 2-20-04. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirement; materials provided at meeting). 15. STATE PROPOSITION 57 —THE ECONOMIC RECOVERY BOND ACT Recommendation: That the Council support State Proposition 57, the Economic Recovery Bond Act, to be voted on in the March 2, 2004 election. Materials to be provided. a) Comments by City Manager. b) If desired, Res ----- as recommended. Adj to 2-20-04. 16. STATE PROPOSITION 58 —THE CALIFORNIA BALANCED BUDGET ACT Recommendation: That the Council support State Proposition 58, the California Balanced Budget Act, to be voted on in the March 2, 2004 election. Materials to be provided. a) Comments by City Manager. b) If desired, Res ----- as recommended. Adj to 2-20-04. Council Agenda 02-18-04, Page 7 17. PROPOSED STATE PROPOSITION —THE LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT Recommendation: That the Council support proposed proposition ensuring voter control over local tax dollars for public health, safety and other essential local services. Materials to be provided. a) Comments by City Manager. b) If desired, Res ----- as recommended. Adj to 2-20-04. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk