HomeMy WebLinkAbout2004 - MINUTES - 4/7/2004 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
APRIL 7, 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, April 7, 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, and an invocation by Shauna
Segundo— Baha'i Faith.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on April 2, 2004.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 10 of agenda this date.
PRESENTATIONS: Alcohol Awareness Month
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: - No Business
FINANCE AUTHORITY: Mayor declared the meeting adjourned for the purpose of
convening as the Finance Authority; after which, members reconvened as the
Community Redevelopment Agency.
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:
Michael Stern, Palm Springs, read prepared letter, copy on file in Office of the City Clerk.
Noel Pittman, Palm Springs, requested financial assistance for Tai Chi research.
Linda Schwartz, Palm Springs, requested victims of the Silver Family Enterprise to
contact her.
Sergio Santo, no address given, stated that an agreement had been forwarded to the
Department of Planning; that the taxi industry is financially hurting and does need to be
able to start advertising on the taxicabs and that an Urgency Ordinance is requested to
put the regulations in place.
Sheila Talbert requested approval of Item 18.
Shirley Bush requested approval of Item 18.
Council Minutes
04-07-04, Page 2
Derrick Powell stated that gas prices in Palm Springs are higher than anywhere in the
Valley.
Dwayne Rorball, encouraged support to Convention Center expansion.
Charlie Robles, read a letter on behalf of Mary Jo Gunter (copy on file in Office of the
City Clerk), and added that the Convention Center expansion should be supported.
APPROVAL OF CONSENT AGENDA:
It was moved by Mills, seconded by McCulloch and unanimously carried, that
Items 1 thru 12, excluding 6 and Mills abstained from items 1 and 9, be adopted.
Review by City Manager of Consent Items to be clarified.
1. Approval of Minutes March 17, 2004, Councilmember Mills abstained due to the
fact he was absent.
2. MO 7467 approving a lease agreement with Coachella Valley Taxi Association
for lease of office space in the Ground Transportation building at the airport.
Monthly rental of $271.41, term starting April 15, 2004 for one year with three 1-
year options. A4865.
3. MO 7468 approving Amendment 9 to A4382 with Gensler for architectural
services related to modifications of the airport passenger screening checkpoint
and hold rooms for$73,702.40.
4. MO 7469 approving and adopting plans, specifications and working details and
authorize advertisement for construction bids for airport security access control
and public information display systems at the airport. CP03-17, AIP37.
Installation contract contingent upon receipt of federal funding.
5. MO 7470 approving an agreement with John and Sandy Wessman, Descanso
West, LLC, Curt and Jacqueline S. Ealy and Wessman Development for the
construction of a public pedestrian and equestrian trail from an access point at
the northwest corner of tax lot 31 at Camino Monte to intercept the Lykken Trail
within one-half mile. Section 27. A4866.
6. See extended consent agenda.
7. MO 7471 approving purchase from Galls, Inc for police department bulletproof
vests for $53,903.39. Funded by grants and gifts.
8. MO 7472 approving agreement with Palm Springs Modern Homes V, LLC and
Riverside County Flood Control & Water Conservation District related to the
design, installation and construction and operation and maintenance of the ,
extension of Storm Drain Line 15, A4867.
Council Minutes
04-07-04, Page 3
' 9. Res 20887 approving Parcel Map 31351-1 prepared by Mainiero, Smith &
Associates, Inc representing Indian Partners Inc to subdivide property located at
5403 Mesquite Avenue; and authorize the City Manager to execute a
Monumentation Agreement with subdivider. Section 20 T4S, R4E. A4868.
Councilmember Mills abstained due to property interests.
10. MO 7473 approving settlement agreement with EPIC Capital Corporation and
EPIC Resorts LLC for $20,000. A4869.
11. Res 20888, 20889, 20890 and 20891 approving Payroll Warrants and Claims &
Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Mills 995346 Animal Medical Hospital Business related
Mills 995347 Animal Medical Hospital Business related
EXTENDED CONSENT AGENDA:
6. CITY VEHICLE PURCHASE — MVR FUNDS
Recommendation: That the Council approve purchase of six vehicles from
Ramsey Street Ford for $142,393; two vehicles from Fiesta Ford for $53,714.79;
and one vehicle from Municipal Maintenance Equipment for $28,627.33. Total
vehicle purchase $224,735.12.
City Manager withdrew the item for budget discussion meeting to be held in May
2004.
PUBLIC HEARINGS:
12. TPM 30745 - ROTHBART DEVELOPMENT— DESTINATION RAMON LLC
Recommendation: That the Council open the public hearing and continue the
matter to April 14, 2004, 6:30 p.m., Council Chamber, 3200 Tahquitz Canyon
Way.
Director of Planning & Zoning reviewed the staff report.
Mayor declared the Hearing open.
Motion to continue the Hearing to April 14, 2004 was presented; after which, it
was moved by Mills, seconded by Pougnet and unanimously carried the Hearing
be continued to April 14, 2004.
13. 2004-05 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
Recommendation: That the Council approve the proposed 2004-2005 CDBG
budget; authorize the submittal of the Consolidated Plan Annual Plan Update;
authorize the City Manager to execute Subrecipent agreements and approve the
Funding Approval Agreement with HUD for$606,000.
Council Minutes
04-07-04, Page 4
Councilmember Mills declared Conflict of Interest due to residential property '
within 400 foot of the project and exited the chamber.
Mayor declared the Hearing open; there being no appearances, the Hearing was
closed.
Resolution 20892 as recommended was presented; after which, it was moved by
Pougnet, seconded by McCulloch and unanimously carried, Mills absent, that
R20892 be adopted.
Councilmember Mills reentered the Chamber.
Councilmember Pougnet declared Conflict of Interest due to being a Board
Member of the AIDS Program and exited the Chamber.
Mayor declared the Hearing open; there being no appearances, the Hearing was
closed.
Resolution 20893 as recommended was presented; after which, it was moved by
Mills, seconded by McCulloch and unanimously carried, Pougnet absent, that
R20893 be adopted.
Councilmember Pougnet reentered the Chamber.
Director of Community & Economic Development review the staff report.
Mayor declared the Hearing open.
Eileen Packard, Stroke Activity Center, requested reconsideration of the grant
application.
Rick Lance, requested support of CASA.
Burt Kaplan, requested support for the Arthritis Foundation.
Shauna Hershey requested support for Arthritis Foundation.
Karen Merritt, requested support of Operation Safe House.
Wayne Flasher requested support for AIDS Assistance Program.
There being no further appearances, the Hearing was closed.
Director of Economic & Community Development stated the applications are also
given consideration to the number of Palm Springs residents to be served, not
necessarily the number of clients.
Resolution 20894 as recommended was presented; after which, it was moved by
McCulloch, seconded by Pougnet and unanimously carried, that R20894 be
adopted.
Council Minutes
04-07-04, Page 5
' 14. CASE 5.0995 —ZONING ORDINANCE TEXT AMENDMENT
Recommendation: That the Council order the filing of a Negative Declaration
and approve various amendments to Zoning Ordinance to revise the permit
process for architectural approval applications; revise the permit process for
hillside development applications and to established alternative street standards
for hillside areas and to allow business schools as a permitted and conditional
use in the community shopping center zone.
Director of Planning & Zoning reviewed the staff report and in answer to direction
from Council stated Section 3 of the proposed Ordinance would be deleted and
that portion would be presented at the April 21, 2004 meeting.
Mayor declared the Hearing open; there being no appearances the Hearing was
closed.
City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO
CHAPTER 94.00, SECTION 94.04.00, ARCHITECTURAL REVIEW, TO REVISE
THE PERMIT PROCESS FOR ARCHITECTURAL APPROVAL APPLICATIONS,
' CHAPTER 93.00, SECTION 93.13.00, HILLSIDE DEVELOPMENTS, TO
REVISE THE PERMIT PROCESSING PROCEDURES FOR HILLSIDE
DEVELOPMENT APPLICATIONS AND TO ESTABLISH ALTERNATIVE
STREET STANDARDS FOR HILLSIDE AREAS; AND CHAPTER 92.00,
SECTION 92.11.00, C-S-C ZONE, TO ALLOW BUSINESS SCHOOLS AS A
PERMITTED AND CONDITIONAL USE IN THE COMMUNITY SHOPPING
CENTER ZONE, CITYWIDE.
after which, it was moved by Mills, seconded by McCulloch and unanimously
carried, that further reading be waived and the Ordinance be introduced for first
reading.
15. CONVENTION CENTER EXPANSION PHASE II
TEFRA HEARING —2004 SERIES A LEASE REVENUE BONDS
Recommendation: That the Council in concurrence with Financing Authority
approve and authorize Supplemental Trust Agreement 3; and Supplemental
Lease Agreement 4 relating to the City of Palm Springs Financing Authority
Lease Revenue Bonds, 2004 Series A Convention Center Expansion Project.
See FA 1.
Director of Finance & Treasurer reviewed the staff report.
Mayor declared the Hearing open; there being no appearances, the Hearing was
closed.
Resolution 20895 as recommended was presented; after which, it was moved by
Foat, seconded by Mills and unanimously carried, that R20895 be adopted.
Council Minutes
04-07-04, Page 6
City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF
SUPPLEMENTAL LEASE AGREEMENT NO. 4 RELATING TO THE CITY OF
PALM SPRINGS FINANCING AUTHORITY LEASE REVENUE BONDS, 2004
SERIES A (CONVENTION CENTER EXPANSION PROJECT).
after which, it was moved by Foat, seconded by Mills and unanimously carried,
that further reading be waived and the Ordinance be introduced for first reading.
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:
16. PALM SPRINGS INTERNATIONAL FILM FESTIVAL AMENDMENT
Recommendation: That the Council approve Amendment 4 to A3090 for the
Palm Springs International Film Festival.
City Manager withdrew the item.
17. FRANCES WINTER PROPERTY— 141 SOUTH CAHUILLA ROAD
2003-04 FISCAL YEAR BUDGET AMENDMENT
Recommendation: That the Council approve a loan to the Community
Redevelopment Agency in the amount of Four Hundred Twenty Five Thousand
Dollars ($425,000) for the purchase of property at 141 South Cahuilla Road,
Merged Project Area 1; and amend the 2003-04 Fiscal Year budget thereto.
Withdrawn.
City Manager withdrew the item.
18. SUNRISE NORTE RESALE RESTRICTIONS RELEASE
Recommendation: That the Council approve an Amendment to Lease for
Sunrise Norte homeowners, allowing owners to purchase the fee interest in
individual lots and releasing the City's resale restriction from the Covenants,
Conditions & Restrictions recorded against the property.
Director of Community & Economic Development reviewed the staff report.
Resolution 20896 as revised to include proceeds from first sales to upgrade
amenities of property of Coyote Run was presented; after which, it was moved by
Mills, seconded by Pougnet and unanimously carried, that R20896 be adopted.
Council Minutes
04-07-04, Page 7
' 19. PALM SPRINGS INTERNATIONAL AIRPORT USE & LEASE AGREEMENTS
Recommendation: That the Council approve a new standard form Airport Use
and Lease Agreement for use with the airlines and a term of ten years.
Director of Aviation reviewed the staff report and added that the Director of
Aviation would be designated to execute the agreements.
Resolution 20897 as recommended was presented; after which, it was moved by
Mills, seconded by Pougnet and unanimously carried, that R20897 be adopted.
20. MERGED PROJECT AREA 1 AND 2
ORDINANCES FOR INTRODUCTION & FIRST READING
Recommendation: That the Council approve extending the existing time
extensions for effectiveness of Redevelopment Plans; extend the time limits for
payment of indebtedness; receipt of property taxes; eliminating the time limit on
establishment of loans, advances and indebtedness with the Redevelopment
Plans.
City Manager withdrew the item.
21. CITY COUNCIL MEETING TIMES
MUNICIPAL CODE AMENDMENT—SECTION 2.04.010
Recommendation: That the Council establish the hour for meeting in Study
Sessions at 6:30 p.m., the second and fourth Wednesdays and Closed Sessions
at 4:30 p.m. preceding all meetings; and amend Section 2.04.010 of the Palm
Springs Municipal Code concerning the hour for holding Regular Meetings at
6:30 p.m, the first and third Wednesdays of each month.
City Manager reviewed the staff report.
Resolution 20898 as revised for Closed Sessions to begin at 5:00 p.m. and open
session to remain at 7 p.m., was presented; after which, it was moved by Foat,
seconded by Mills and carried by the following vote that R20898 be adopted.
AYES: Members Foat, Mills, Pougnet and Mayor Oden
NO: Member McCulloch.
City Manager withdrew the Ordinance for consideration.
22. PSL-315 — SETTLEMENT AGREEMENT AND LEASE AMENDMENT
Recommendation: That the Council approve a settlement agreement with PSL-
' 315 A4870 and amend its lease agreement. A2738.
Director of Finance & Treasurer reviewed the staff report.
Council Minutes
04-07-04, Page 8
Resolution 20899, as revised for agreements to be approved subject to City ,
Attorney approval was presented; after which, it was moved by Mills, seconded
by Foat and unanimously carried, that R20899 be adopted.
23. CONVENTION CENTER PHASE II EXPANSION
Recommendation: That the Council amend previously approved Resolutions
adding language to allow contracts to be processed after first reading of the
Ordinance approving the bond sale.
Convention Center Project Administrator reviewed the staff report and requested
the matter also be continued to April 14, 2004.
Resolution 20900 as recommended was presented; after which, it was moved by
Mills, seconded by Pougnet and unanimously carried, that R20900 be adopted
and the matter be continued to April 14, 2004.
24. ADDITIONAL LEGISLATIVE ITEMS: None
ADDED STARTERS: None
REPORTS & REQUESTS: None
CITY COUNCIL reports or requests ,
Councilmember Foat requested the name "Wal-mart" be added to any notice regarding
Destination Ramon, TPM 30745 in the future; that an estimated timeline relating to the
proposed taxi cab advertising ordinance be provided to the Council; and that discussion
relating to alarm companies, false alarms, licensing/registering of alarm systems, and
further request of the alarm companies to inform the consumers of the City's false alarm
policy be scheduled for a future study session.
Councilmember Mills requested staff to review the basin retention policy; and exploration
of an administrative process relating to code enforcement issues be reported to Council.
Councilmember Pougnet requested a date relating to visioning discussions.
25. BOARD & COMMISSION SCHEDULE INTERVIEW DATES & PROCESS
Subcommittees formed as follows:
Administrative Appeals Board McCulloch & Oden
P.S. International Airport Commission Mills & Oden (alternate — McCulloch)
Historic Site Preservation Board Mills & Oden (alternate — Pougnet)
Human Rights Commission Foat & Pougnet (alternate — McCulloch)
Library Board McCulloch & Oden
Parks & Recreation Commission McCulloch & Pougnet '
Personnel Board Mills & Oden
Planning Commission Foat & Mills (alternate Pougnet)
Public Arts Commission Foat & Oden
Rent Review Commission Mills & Oden
VillageFest Board Foat & Pougnet
Council Minutes
04-07-04, Page 9
' 26. WALK OF STARS SUBCOMMITTEE (2)
Councilmember Foat and Mayor Oden
27. DESERT FASHION PLAZA SUBCOMMITTEE (2)
Councilmember Mills and Pougnet
28. Treasurer's Investment Report as of February 29, 2004. Received & filed.
29. BUDGET TASK FORCE APPOINTMENTS
Motion to appoint Bjorn Ahlstrom, Jack Oberly, and Ralph Thornton was
presented; after which, it was moved by Mills, seconded by Foat and
unanimously carried, that the Motion be adopted.
PUBLIC reports or requests - None
STAFF reports or requests — None
ADJOURNMENT:
There being no further busines layor declare()�
the meeting adjourned.
A dry �
PATRICIA A. SANDERS
City Clerk