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HomeMy WebLinkAbout2004 - MINUTES - 4/14/2004 CITY OF PALM SPRINGS CITY COUNCIL MINUTES April 14, 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, April 14, 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. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on April 9, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION - None. PRESENTATIONS: None. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Sergio Santo, CVTOA, submitted a brochure for Council review, copy on file in Office of the City Clerk, and added that Sunline's operating budget does not contain full accounting of expenses. Bob Evans, Palm Springs, expressed appreciation for the street blocking at the Movie Colony. APPROVAL OF CONSENT AGENDA: None. LEGISLATIVE ITEMS: 1. CONVENTION CENTER EXPANSION PHASE II 2004 SERIES A LEASE REVENUE BONDS ZONING ORDINANCE — SECOND READING & ADOPTION (Intro 4-7-07) City Clerk read Title of Ordinance 1646 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 (CONVENTIONS CENTER EXPANSION PROJECT) Council Minutes 04-14-04, Page 2 after which, it was moved by Mills, seconded by Foat, and carried by the following vote, that further reading be waived and Ordinance 1646 be adopted. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NO: None 2. CONVENTION CENTER EXPANSION — PHASE II - DEMOLITION Recommendation: That the Council approve an agreement with American Demolition Concrete Cutting for demolition at the Convention Center Phase II Expansion for$325,000. A4871. Convention Center Administrator reviewed the staff report. Resolution 20901 as recommended was presented; after which, it was moved by Mills, seconded by Foat and unanimously carried, that R20901 be adopted. PUBLIC HEARINGS: 3. TPM 30745 - ROTHBART DEVELOPMENT — DESTINATION RAMON LLC - WALMART Recommendation: On April 7, 2004, Council continued this matter to consider certification of the Environmental Impact Report; approval of Tentative Tract Map , 30745, with conditions, and vacation of right-of-way of Sky Point Drive for property located at 5601 Ramon Road, Zone M-1, Section 20. Applicant: Rothbart Development, Destination Ramon LLC (Wal-Mart). Director of Planning & Zoning reviewed the staff report and added that there are no public subsidies nor payment by the City for infrastructures and added that the City of Cathedral City will accept no less than the City of Palm Springs working with the City of Cathedral City staff to complete as soon as possible (using all haste) a joint application to CVAG for commitment of TUMF funding to plan, design, and construct the necessary improvement to Ramon Road and any other arterial negatively impacted by the Project; that integral to the TUMF fee commitment or both Cities will be a project to widen the Ramon Road Bridge and its approaches over the Whitewater River to accommodate traffic and pedestrians projected in the year 2020; that the City of Cathedral City reiterates its position that at no time will it be responsible for any of the maintenance costs associated with the median island landscaping adjacent to the project; that the City of Palm Springs will negotiate in good faith with the City of Cathedral City to provide a percentage of the sales tax from Wal-Mart to help defray the cost of adverse traffic and other associated impacts on Cathedral City and its infrastructure and displayed visual site plans on display in the Chamber. In answer to questions by Council, Director of Planning & Zoning stated that the vacant land near the project does not have active plans in process, but that the , idea is to develop retail; that there were no hours restriction set by the Planning Commission; that truck traffic would for the most part be on Gene Autry Trail; that the perimeter walls at the Classic project should contain noise and lights; that the impact of the project on the Classic Project was found to be not significant; that when the interchange is completed at 1-10 and Gene Autry most traffic backup problems will be mitigated and that the lease is for 20 years. Council Minutes 04-14-04, Page 3 ' In answer to questions by Council, City Engineer stated that the left turn lane has been eliminated; that the traffic study did not include possible impacts on the Springs Project; that the Springs Project was not in existence at the time of the study; that overall growth was taken into account using the CVAG model and the Palm Springs and Cathedral City's General Plans; that the projects of the Springs Project are consistent with the finding of this project; that in the past the City has entered into agreements with Cathedral City to maintain medians within Cathedral City limits; and that a maintenance agreement would be offered to Cathedral City for the upkeep of the landscaping. Mayor declared the Hearing open. The following persons spoke in opposition to the item. Sonja Marchand, no address given, submitted brochures and video tapes concerning the impact of"big boxes" s commercial blight. Steven Switzer, no address given Raymond Johnson, Temecula Debra Logan, La Quinta Melinda Treminelo, representing NOWRon Loya, Palm Springs Florence Klaasen, Palm Springs ' Lauren Garvis, Cathedral City Sherry Kovis, Ralphs Grocery Store Man speaker, no address given Joan Martin, Palm Springs Frank Tysen, Palm Springs The following persons spoke in favor of the item. Karen Sheppard, Palm Springs Philip Dennison II, Coachella Valley Fred ?, Cathedral City Muriel Seltzer, Palm Desert John Reeves, no address given Elaine Bragen, no address given Fred Remper, no address given Austin ?, Palm Springs Nora Serrano, Cathedral City Wesley Ross, Palm Springs John Stiles, Palm Springs Joy Meredith, Palm Springs Amelia Heiman, Cathedral City Peter Karnala, Wal-Mart Stan Rothbart, developer/applicant ' There being no further appearances, the Hearing was closed. Councilmember Foat questioned noticing requirements and added that it is not clear whether the residents recognized "destination Ramon" as being the Wal- Mart project. Council Minutes 04-14-04, Page 4 In answer to questions by Council, Director of Planning & Zoning stated that , there are a number of activities that could take place during the course of the year; that the City has not received input on the position of other Cities; that tenant lists for Pads 3 — 6 have not been provided; that parking does exceed the requirements; that the store manager will determine the hours of the store based on consumer demand; that deliveries for groceries are typically delivered in the morning hours and general merchandise in evening hours; that architectural approval will be final with the Planning Commission unless appealed to the City Council; that the lease is for 20 years and that all guidelines for public notices were followed. Councilmember Foat stated that the vote should be postponed or that support could not be given to the project. Motion to continue the item was presented; after which it was moved by Foat and died due to a lack of a second. Councilmember Pougnet stated that there are many issues concerning the item such as non-union vs. union job creation, sales tax creation; that an informal survey was done at the Mizell Senior Center; that the project was supported and that the project is at the right location at the right time. Councilmember Mills stated that the project has been not only noticed but featured several times in the Desert Sun; that it is not the job of a ' Councilmember to tell a business how to run its operations; that if the Council does start in that type of direction, there will be no business in the City; that the zone for the project is right; and to not support the project is sending a mixed message and with right of zone and being a quality project the item should be supported. Mayor stated that the City needs its retail sales; that a Member of the City Council must represent all the citizens and not just personal views; that the location is significant to our economy; that CRA funds are not being used; that there are no incentives being used to lure the store and that there has been 100% cooperation by the developer and that based on market research this is the perfect location for commercial retail. Resolution 20902 (EIR) and Resolution 20903 (TTM) as revised to modify conditions of approval was presented; after which, it was moved by Mills, seconded by Pougnet and carried by the following vote that 20902 and 20903 be adopted. AYES: Members McCulloch, Mills, Pougnet and Mayor Oden NO: Member Foat COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None ADDED STARTERS: None. ' REPORTS & REQUESTS: CITY COUNCIL reports or requests Council Minutes 04-14-04, Page 5 ' Councilmember Mills requested the Taxicab Association be contacted on process of modification of Ordinance for advertising on taxicabs; requested date and time be set for Annual Board & Commission Dinner; and consideration of the status of the Veterans Day Parade. Mayor requested completed Ordinance for Taxicabs be sent to other Coachella Valley Cities for review; and requested a study regarding the franchising and fees for regulating taxis. PUBLIC reports or requests STAFF reports or requests City Manager to contact Councilmembers for dates for Visioning Session. ADJOURNMENT: There being no further business.,-Mayor declared t e meeting adjourned. PATRICIA A. SANDERS City Clerk