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HomeMy WebLinkAbout2004 - MINUTES - 3/31/2004 CITY OF PALM SPRINGS CITY COUNCIL MINUTES MARCH 31, 2004 An Adjourned 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, March 31, 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. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on March 26, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 2 of agenda this date. PRESENTATIONS: None HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING ' AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Mr. Evans, no address given, expressed concern on street closures and development in the Palm Hills area. CONSENT AGENDA: None PUBLIC HEARINGS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None LEGISLATIVE ACTION: 1. CONVENTION CENTER EXPANSION PHASE II PROJECT—TRADE BIDS Recommendation: That the Council approve trade agreements for the Convention Center Expansion Phase II Project, subject to the approval of bond documents. CP02-27. A4850 thru A4861. Convention Center Project Administrator reviewed the staff report and added that there is some risk involved in the approvals; that it will not be known until , around May 18, 2004 whether or not the bonds are insurable; but that: there will be problems is there is no forward movement. Adjourned Council Minutes 3-31-04, Page 2 ' City Attorney stated that the risk involved is due to the Ordinance being subject to referenda and that the time period will be 30 days after adoption of the Ordinance. Resolution 20868 thru 20885 as revised to modify wording to base approval were presented; after which, it was moved by Mills, seconded by Pougnet and unanimously carried, that R20868 —20885 be adopted. 2. CONVENTION CENTER EXPANSION PHASE II PROJECT— SURVEY Recommendation: That the Council approve an agreement with the Keith Companies for construction surveying and staking for the Convention Center Expansion Phase II Project for $74,570. Subject to the approval of bond documents. CP02-27. A4862. Convention Center Project Administrator reviewed the staff report. Minute Order 7465 as recommended was presented; after which, it was moved by Mills, seconded by Pougnet and unanimously carried, that MO7465 be adopted. ' 3. CONVENTION CENTER EXPANSION PHASE II PROJECT— EQUIPMENT Recommendation: That the Council authorize Turner Logistics to direct purchase of large equipment, Trade Bid 28, for $1,667,818; or authorize Turner Logistics to direct purchase of large equipment and waive City's standard payment retention requirements by modification of the payment schedule reducing the cost by $19,142, for a total cost of $1,648,676. Subject to the approval of bond documents. CP02-27. A4709 Convention Center Project Administrator reviewed the staff report. Resolution 20886 as recommended to include waiving City standard payment retention was presented; after which, it was moved by Mills, seconded by Pougnet and unanimously carried, that R20886 be adopted. 4. CONVENTION CENTER EXPANSION PHASE II PROJECT— PARKING LOT Recommendation: That the Council approve an agreement with Contreras Construction Company, Bid Schedules Alternative A, Alternative Deductive C, Additive D and E, for the Palm Springs Convention Center Expansion Phase II Project for parking lot and street improvements for $730,356.25. Subject to the approval of bond documents. CP02-27 A4863. ' Director of Public Works/City Engineer reviewed the staff report. Minute Order 7466 as recommended was presented; after which, it was moved by Foat, seconded by Mills and unanimously carried, that MO7466 be adopted. Adjourned Council Minutes 3-31-04, Page 3 ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests Councilmember Foat requested the formation of a subcommittee regarding the Desert Fashion Plaza. Councilmember Pougnet requested a report on the remaining of streets. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk r CITY OF PALM SPRINGS CITY COUNCIL MINUTES MARCH 31, 2004 ' A Special 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, March 31, 2004, at 7:00 p.m. ROLL CALL: Present: Councilmembers Foat, McCulloch, Mills, Pougnet and Mayor Oden Absent: None The meeting was opened with the Salute to the Flag. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on March 26, 2004. PUBLIC HEARING 1. CASE 5.0728 - PD 101, 180 & 164 - SECTION 14 MASTER PLAN ZONING ORDINANCE - MAP AMENDMENT Recommendation: That the Council approve Case 5.0728 GPA, with various amendments to the General Plan Land Use and Circulation Elements for 640 acres bound by Alejo Road, Sunrise Way, Ramon Road and Indian Canyon ' Drive. Zone C-1, C-1AA, C-2, R-G-A(8), R-2, R-4-VP, PD 101, 180 and 164; and approve Section 14 Master Plan/Specific Plan with Statement of Facts and Findings and Statement of Overriding Consideration and certifying the Final Environmental Impact Report for Section 14; and amend the zoning map by removal of exiting zone and replacement with new zones for Section 14. Director of Planning & Zoning reviewed the staff report and visual aids on display in the Chamber and added that the issue had been worked on for a lengthy time; that letters received this date will be responded to within the findings of the resolution; that several public meetings were held at City Hall; that the first meeting had a large attendance; that the following two meetings did not have as great of attendance; that adjustments were proposed by the Planning Commission and were accepted by the Tribal Council; and that the land use plan was a joint effort between the City and the Tribe. Tom Davis, Tribal Planning Director, stated that incentives for development in downtown Palm Springs has been addressed; that Section 14 does involve an area that is subject to factional ownership and zoning and has not been compatible to the rest of the City; that the Tribal Council has stood and remains standing behind the protection of the environment; that there have been comments made regarding Section 14 that are actually regional issues and that the Tribal Council intends to continue to participate in the regional issues; that ' as the Zoning Ordinance stands, building height of 100 feet is allowed in this section; that the proposal before the Council does make it more difficult to develop beyond 60 feet in height, unless there is some type of consolidated plan and that the Tribal Council did not desire a downgrade in zoning. Council Minutes 3-31-04, Page 2 Mr. Bunce, Tribal Council Counsel, stated that the Tribal Council has worked closely with the City not only on this issue, but on past issues; that the area is in ' fact Federal Reservation land, but that it is the Tribal Councils desire to work jointly with the city and that the input received is valued; and that each project proposed for the area will still need to go through the development process. In answer to questions by Council, Director of Planning & Zoning stated that once property lines are established, the general guidelines are that for one foot of vertical building height there is one foot of horizontal setback; that the Planning Commission did review the area for high rise, that the existing height limit is best represented by the Wyndham with its urban design; that the Planning Commission was not making a land use decision regarding the height but did allow for the urban design of 60 foot vertical building with an additional 15 feet to allow for mechanical equipment; that projects with a consolidated land mass of 60 acres will probably require a parking structure or parking underground. Mayor declared the Hearing open. The following persons spoke in opposition of the item. Greg Landenberg, Palm Springs Cookie Busher, Palm Springs Richard Hussar, Palm Springs ' Jane Smith, Palm Springs Cheryl Hamlin, Palm Springs Claire Jones, no address given Lester Bagwell, Palm Springs Joan Martin, no address given The following persons spoke in support of the item. Phil Tedesco, Palm Springs Tom Suitt, Palm Springs Michael Robb, no address given Pete Snyder, no address given Joy Meredith, on behalf of Main Street In answer to questions from the Hearing, Tribal Counsel stated that leases that are made with individuals of the Tribe are not controlled by the Tribal Council; that within the area of Section 14 the Tribal owns 72 acres; that there is no residential units on that land; that if there is difficulty with an individual allottee regarding a lease, then the issue is between the tenant and the allottee. City Attorney clarified that the issue before the Council is one of land use and Band impacts. ' Councilmember Foat stated that the documentation regarding the issue was received on March 22, 2004; that it is questionable why the material was just provided for review by the Council; that at this time all the issues have not been completely reviewed or digested; that there is question on the procedure that Council Minutes 3-31-04, Page 3 should be used; that there is a Planning Commission recommendation and questioned if the Planning Commission recommendation is approved would the allowable height stay at 100 feet; and stated that a motion should be made to specify the height at 60 feet with an additional 15 feet for mechanical equipment. Planning Director stated that the Specific Plan was sent to the Council in November; that there was concern due to the newly elected Members of the Council with inundation of materials and that materials were given in succession of progress; that inquiries are addressed in the EIR; and that a full EIR was conducted. Motion to limit building height to 60 feet with an additional 15 feet for mechanical equipment was presented; after which, it was moved by Foat and died due to a lack of second. Councilmember Mills stated that even though the Motion died, the issue could be considered on individual project review; and added that as a previous member of the Planning Commission, the issue was dealt with many times; that the Plan was impressive and still is; that the proposal is more open; that a high end look of mixed use development is to be offered; that the issue is not just one of zoning, but the Plan has many facets including sidewalks and landscaping; that the Plan is well thought out to take smaller parcels with ' several different zones and tie them together to create an opportunity to do a large scale project; that in the end a less dense look with more open space is created; that the Plan should be supported; that this will be improvements to a major part of the City that has sat idle for a long time; that appreciation is given to the Tribe for working with the City and considering enhancements to the plans; that it should be remembered in 1988 the City agreed to allow Indian development at 100 feet while limiting other development to 60 or 75 feet; that there is no reason now to change the limits or setback; and that even with the additional footage the City will not be sacrificing. Mr. McCulloch stated that the Master Plan was distributed to the public two years ago; that the Plan is not new, nor was it dropped on the Community in the past few months. Councilmember Foat stated that the Plan is agreeable, the area does need to be developed; that the land is empty and filled with debris; that change is difficult for many of us; that the City is not a little Village anymore; and that growth is vital for survival; but smart growth is needed; that there are major concerns with the Plan; that there are density issues; that there are building height issues; and that due to the concerns, personally, a vote will not be given. Councilmember Pougnet stated that staff should be commended on the process; that there was opportunity for the citizens to participate in meetings that did explain the Plan; and that concurrence with Mr. Mills is given concerning development projects that will come back to the Council for consideration. Council Minutes 3-31-04, Page 4 Mayor Oden stated that the opportunity can not be missed to move forward; that the City does need smart growth; that the Tribe has worked with the City; that the Plan is not problem free, but that a cooperative working relationship is in place to work out issues; that the Council will continue to evaluate projects for quality and that there is a commitment from the Tribe to continue to work with the City. Resolution 20866 (GPA) and Resolution 20867 (Master/Specific Plan) as revised to include water requirements to the statement of overriding concerns were presented; after which it was moved by Mills, seconded by Pougnet and carried by the following vote that R20866 and 20867 be adopted. AYES: Councilmembers McCulloch, Mills, Pougnet, and Mayor Oden NO: None ABSTAIN: Councilmember Foat It was further moved by Mills, seconded by Pougnet and unanimously carried, that further reading be waived and the City Clerk read the Title of Ordinance for introduction and first reading. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS AMENDING THE ZONING MAP BY REMOVING ALL EXISTING ZONING WITHIN SECTION 14 AND ESTABLISH NINE NEW LAND USE DESIGNATIONS FOR 640 ACRES BOUND BY ALEJO ROAD TO THE NORTH, SUNRISE WAY TO THE EAST, RAMON ROAD TO THE SOUTH AND INDIAN CANYON DRIVE TO THE WEST, ZONE C-1, C-1-AA, C-2, R-G-A(8), R-2, R-4, R-4-VP, PD101, PD180 AND PD164, SECTION 14. After which, it was moved by Mills, seconded by Pougnet and carried by the following vote that the Ordinance be introduced for first reading. AYES: Councilmembers McCulloch, Mills, Pougnet and Mayor Oden NO: None ABSTAIN: Councilmember Foat ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk