Loading...
HomeMy WebLinkAbout2004 - MINUTES - 4/21/2004 CITY OF PALM SPRINGS CITY COUNCIL MINUTES April 21, 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 21, 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 Dr. ,Jim Tom — United Methodist Church. PRESENTATIONS: Certificate of Commendation for Lark Greenwalk - Withdrawn Mental Health Month Award for Fleet Services Division REPORT OF POSTING OF AGENDA: Acting City Clerk reported that the agenda was posted in accordance with Council procedures on April 16, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All , Entities) - See items on Page 9 of agenda this date. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: No Business Adjourn as the City Council; convene as the Financing Authority. FINANCING AUTHORITY: Mayor declared the meeting adjourned for the purpose of convening as the Financing 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. CITY COUNCIL PUBLIC COMMENTS: Paula Summers and Tony Larcombe, representing Uptown Merchants Association, expressed support of First Friday Frenzy to revive the First Friday Event; by placing furniture and other merchandise on sidewalk in front of participating stores to create awareness. Bill Cohen, Cathedral City, presented a check representing 50,073 volunteer hours from the Retired and Senior Volunteer Program, headquartered in Palm Desert. Sergio Santo, Coachella Valley Taxi Owner Association, requested an ordinance suspension on advertising until rectified, adding taxi industry is hurting due io price of gas. Council Minutes 04-21-04, Page 2 ' Al Smoot, Palm Springs, stated Vietnam Moving Wall is currently on display at Sunrise Plaza until Sunday and invited everyone out. APPROVAL OF CONSENT AGENDA: Items 1 thru 6. CONSENT AGENDA: It was moved by Pougnet, seconded by Foat and unanimously carried, items 2, 3, 5 and 6 adopted. It was moved by Pougnet, seconded by McCulloch and unanimously carried, Mills abstaining due to personal and business related conflicts, that items 1 and 4 be adopted. Review by City Manager of Consent Items to be clarified. 1. Res 20905 concurring with FA1 and CRA B. Bond documents on file in the Office of the City Clerk. Mills abstain. 2. MO 7475 approving Amendment 3 to A4736 with Transportation Security Administration replacing the Reimbursable Agreement for law enforcement officer services at Palm Springs International Airport. A4736. 3. MO 7476 approving airport use agreement and permit application with LSG Sky Chefs Inc for one year with option to renew annually, portage fee of 10.5% of gross sales. A4874. 4. MO 7477 approving Amendment 1 to A4119 with Palm Springs Unified School District regarding Facility Joint Use for a term of one year to July 1, 2005. Mills abstain. 5. MO 7478 approving the Disadvantage Business Enterprise (DBE) Program in compliance with the Department of Transportation's Code of Federal Regulations Title 49 Part 26 for federally assisted projects for the Palm Springs International Airport. 6. Res 20906 approving Payroll Warrants. EXTENDED CONSENT AGENDA: None. PUBLIC HEARINGS: 7. CASE 5.0972 - PD286 - TTM 31514 — SANDERSON-J. RAY DEVELOPMENT- PALAPAS Recommendation: That the Council approve the Mitigated Negative Declaration; and Planned Development District 286 and Tentative Tract Map 31514 for the construction of 62 detached single family residences and associated on and off- site improvements for property located at 3255 East Palm Canyon Drive, Zone RGA-6 and R-1-B Section 25. Applicant: Sanderson-J. Ray Development- Palapas. 148 Notices Mailed. Council Minutes 04-21-04, Page 3 Director of Planning & Zoning reviewed the staff report and visual site plans on ' display in the Chamber. Mayor declared the Hearing open. Randolph Maxsted, Palm Springs, stated residence borders wash; that density is of concern, and that the wash should not be a playground for ATV use. Gary Wiggle, representing Sanderson-J. Ray Development-Palapas, requested conditions 43 and 46 be removed; and added that condition 46 is dependent on Edison's timeline. There being no further appearances, the Hearing was closed. Resolution 20907, as revised to include no retention basin on Araby and if additional retention is needed, the retention basin located at the back of the project have additional depth; Condition 46 be modified to allow the grading permit to be issued before Southern California Edison's approval providing the plans are on file with Southern California Edison; and Architectural Condition 31 B (cross-ventilation opportunities) be eliminated; after which, it was moved by Mills, seconded by Pougnet and unanimously carried, that R20907 be adopted. 8. CASES 5.0986 & 5.0982 - GENERAL PLAN AMENDMENT - CIRCULATION ELEMENT— NEXUS RESIDENTIAL COMMUNITIES - CATHTON HOLDINGS ' Recommendation: That the Council amend the General Plan Circulation Element to relocate a 450 foot non-constructed portion of Camino Real, a collector roadway north of East Palm Canyon Drive, 340 feet to the west intercepting Indian Trail and proceeding north to Indian Trail 165 feet to intercept the existing roadway of Camino Real; delete the Tramview Road/Avenida Caballeros Extension, between San Rafael Road and Indian Canyon Drive from the General Plan Circulation Map, create General Plan Policy 7.1.5b to add to the General Plan Circulation Map Sunrise Way northerly to San Rafael Road to Highway 111; reclassify Indian Canyon Way on the General Plan Circulation Element from 154 foot right-of-way major thoroughfare to 100 foot right-of-way for a major thoroughfare through the deletion of frontage roads and amend the General Plan Land Use Element to delete two elementary school sites and relocate a park site and delete one park site on the General Plan Land Use Element adjacent to existing park site designation in order to form a larger park site. Applicants: Nexus Residential Communities - Cathton Holdings. 1160 Notices Mailed. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open. Wayne Brechtel, Sierra Club, stated letters had been provided regarding issue. Garth Erdossy, representing the Nexus Residential Communities, spoke in favor of the proposed amendment to the General Plan Circulation Element. Council Minutes 04-21-04, Page 4 Marvin Roos, representing Cathton Holdings, stated they have been working on the project for the past 12 years, and that the traffic study would indicate that the Sunrise Parkway could be handled with a 40' street width, within a 100' right-of- way, giving ample landscape area. Craig Richmond, Palm Springs, spoke against the proposed amendment to the General Plan Circulation Element. There being no further appearances, the Hearing was closed. Resolution 20908, as recommended was presented; after which, it was moved by Pougnet, seconded by Foat and unanimously carried, that R20908 be adopted. 9. CASE 5.0986 - PD292 - TTM 31980— NEXUS RESIDENTIAL COMMUNITIES Councilmember Pougnet declared business related Conflict of Interest and exited the Chamber. Recommendation: That the Council approve a Mitigated Negative Declaration; Planned Development District 292 and Tentative Tract Map 31980 for the construction of 133 multi-family residential units, 19 detached single family residential units and associated on and off-site improvements for property located at 1000 East Palm Canyon Drive, Zone R-2, R-3 and O, Section 23. ' Applicant: Nexus Residential Communities. 326 Notices Mailed. Pougnet abstain due to residence. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open. There being no appearances, the Hearing was closed. Resolution 20909 as revised to include a restudy of the City's retention policy was presented; after which, it was moved by Mills, seconded by Foat and unanimously carried, Pougnet absent, that R20909 be adopted. Councilmember Pougnet reentered the Chamber. 10. CASE 5.0982 - PD290 - TTM 31848 GENERAL PLAN AMENDMENT CATHTON HOLDINGS, McCOMIC CONSOLIDATED - TRANSWEST HOUSING Recommendation: That the Council approve the Mitigation Monitoring Program and Mitigated Negative Declaration; Preliminary Planned Development District 290 and Tentative Tract Map 31848 into 782 parcels with 1,236 residential units on 309.39 acres, an 18-hole golf course and clubhouse and dedicate 7.55 acres of land for future development as a park. Applicant: Cathton Holdings - McComic Consolidated - Transwest Housing. 834 Notices Mailed. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open. Council Minutes 04-21-04, Page 5 The following persons spoke in support: , Barry McComick, representing Transwest Housing Chuck Shepardson, representing Transwest Housing Brian Moser, Palm Springs Mack Hicks, Palm Springs Damon Gascon, representing the development Four Seasons Richard Parzinsky, Palm Springs Jim Francisco, Palm Springs Daniel Williams, Palm Springs Marvin Roos, Mainero, Smith, & Associates, representing Transwest Housing Jim Francisco, Palm Springs Jim Stuart, Palm Springs The following persons spoke in opposition: Pat Grimm, Palm Springs Dick Kubic, Palm Springs J. Colin Sprang, Palm Springs Wayne Brechtel, representing the Sierra Club Craig Williams, Palm Springs Mayor Oden requested the 11:00 p.m. rule be enacted; after which, it was moved ' by Mills, seconded by Pougnet and unanimously carried, the Council meeting be continued. There being no further appearances, the Hearing was closed. Motion to determine and add an urgency Closed Session item relating to Conference with Legal Counsel — Anticipated Litigation, Exposure to Litigation — one case, pursuant to GC Sec 54956.9(b)(1) and (3(A)(B) to the present agenda because there is significant exposure to litigation being presented; after which it was moved by Foat, seconded by Pougnet and unanimously carried, that the item be added. Closed Session Report: City Attorney reported the item was discussed and no action was taken. Motion to continue the item was presented, it was moved by Foat, seconded by Pougnet and unanimously carried, that the item be continued to May 5, 2004. Mayor Oden absent from this point on. 11. STEVENS ROAD SEWER CONNECTION REFUND AGREEMENT Councilmember Pougnet declared business related Conflict of Interest and exited , the Chamber. Recommendation: That the Council approve a Sewer Construction Refund Agreement for off-site public sewer extension to 690, 707, 675 and 695 W. Council Minutes 04-21-04, Page 6 Stevens Road, APN 505-051-006, 505-052-011, 014, and 016 respectively, in the amount of$33,674.84. Applicant: Melvyn Haber. 4 Notices Mailed. A4875 Director of Community & Economic Development reviewed the staff report. Mayor pro tem declared the Hearing open. There being no appearances, the Hearing was closed. Resolution 20910 as recommended was presented; after which, it was moved by McCulloch, seconded by Foat and unanimously carried, Oden and Pougnet absent, that R20910 be adopted. Councilmember Pougnet reentered the Chamber. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None LEGISLATIVE ACTION: 12. 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. 13. MERGED PROJECT AREA 1 AND 2 ORDINANCES FOR INTRODUCTION & FIRST READING Mayor Pro-Tem Mills declared personal Conflict of Interest, turned the meeting over to Councilmember Foat and exited the Chamber. 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. Director of Community & Economic Development reviewed the staff report. Acting City Clerk read Title of Ordinances as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA EXTENDING THE TIME LIMITS FOR THE EFFECTIVENESS OF THE MERGED REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT NO. 1; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF TAX INCREMENT UNDER THE MERGED REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT NO. 1; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH Council Minutes 04-21-04, Page 7 AN ORDINANCE OF THE CITY OF PALM SPRINGS, ' CALIFORNIA EXTENDING THE TIME LIMITS FOR THE EFFECTIVENESS OF THE MERGED REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT NO. 2; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF TAX INCREMENT UNDER THE MERGED REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT NO. 2; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH AN ORDINANCE OF THE CITY OF PALM SPRINGS ELIMINATING THE TIME LIMIT ON ESTABLISHMENT OF LOANS, ADVANCES AND INDEBTEDNESS WITH RESPECT TO THE MERGED REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT NO. 1; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH AN ORDINANCE OF THE CITY OF PALM SPRINGS ELIMINATING THE TIME LIMIT ON ESTABLISHMENT OF LOANS, ADVANCES AND INDEBTEDNESS WITH RESPECT TO THE MERGED REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT NO. 2; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH after which, it was moved by Pougnet, seconded by McCulloch and unanimously ' carried, Mills and Oden absent, that further reading be waived and the Ordinances be introduced for first reading. Mayor Pro Tem Mills reentered the Chamber. 14. MUNICIPAL CODE AMENDMENT - FALSE ALARM RESPONSE FEES Recommendation: That the Council amend Palm Springs Municipal Code Section 5.02.075 to revise the notice and fees from a non-permitted alarm system owner for the police department's response to false alarm(s). City Manager withdrew the item. 15. ORDINANCE FOR SECOND READING &ADOPTION (Intro 4-7-04) ZONING ORDINANCE AMENDMENT - ARCHITECTURAL REVIEW AND HILLSIDE DEVELOPMENTS City Clerk read Title of Ordinance 1647 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 AND CHAPTER 93.00, SECTION 93.13.00, HILLSIDE DEVELOPMENTS, TO REVISE THE PERMIT PROCESSING PROCEDURES FOR HILLSIDE DEVELOPMENT Council Minutes 04-21-04, Page 8 APPLICATIONS AND TO ESTABLISH ALTERNATIVE STREET STANDARDS FOR HILLSIDE AREAS, CITYWIDE. after which, it was moved by Foat, seconded by Pougnet and unanimously carried, Oden absent, that further reading be waived and Ordinance 1647 be adopted. 16. ORDINANCE FOR SECOND READING & ADOPTION (Intro 3-31-04) ZONING MAP AMENDMENT - SECTION 14 City Clerk read Title of Ordinance 1648 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, 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, PD-101, PD-180, AND PD-164, SECTION 14. after which, it was moved by Pougnet, seconded by Foat and unanimously ' carried, Oden absent, that further reading be waived and Ordinance 1648 be adopted. 17. COMPREHENSIVE FEE SCHEDULE AMENDMENT— PARKS & RECREATION Recommendation: That the Council amend the Comprehensive Fee Schedule to establish fees for the live-scan fingerprinting device for $12.00 per person. Continued to 5-5-04. 18. 2004 AIDS ASSISTANCE PROGRAM'S 11T" ANNUAL EVENING UNDER THE STARS Councilmember Pougnet exited the Chamber due to conflict of interest; he is currently a member of the board. Recommendation: That the Council approve suspending certain regulatory ordinances related to 2004 Aids Assistance Program's 111" Evening Under the Stars, May 8, 2004, at O'Donnell Golf Course. Director of Parks and Recreation reviewed the staff report. Resolution 20911 as recommended was presented; after which, it was moved by ' McCulloch, seconded by Foat and unanimously carried, Oden and Pougnet absent, that R20911 be adopted. Council Minutes 04-21-04, Page 9 19. UPTOWN MERCHANTS ASSOCIATION'S FIRST FRENZY EVENT Recommendation: That the Council sponsors the Uptown Merchants Association's First Frenzy event and suspends certain regulatory ordinances related to the event and waive certain requirements for the event. Director of Parks and Recreation reviewed the staff report. Minute Order 7479 and Resolution 20912 as recommended was presented; after which, it was moved by Pougnet, seconded by Foat and unanimously carried, Oden absent, that MO7479 and R20912 be adopted. 20. 2003-04 FISCAL YEAR BUDGET AMENDMENT — CONVENTION CENTER EXPANSION PROJECT PHASE II — PARKING LOT & STREET IMPROVEMENTS Recommendation: That the Council amend fiscal year 2003-04 budget to transfer $30,000 from drainage fund balance reserves into a capital project account to fund construction of a new catch basin and storm drain connector to the existing Tachevah Outlet Drain and related improvements related to the Convention Center Expansion Project Phase II. City Manager withdrew the item. 21. ADDITIONAL LEGISLATIVE ITEMS: ' At the request of the City Manager Items 21A and 21B were considered at the beginning of the meeting, before the consideration of the Consent Agenda. 21A. CONVENTION CENTER EXPANSION — PHASE II - GRADING Recommendation: That the Council approve an agreement for grading at the Convention Center Phase II Expansion. A4872. Materials to be provided. Resolution 20904, as revised not to exceed $850,000 and subject to approval of City Attorney, was presented; after which, it was moved by Mills, seconded by Pougnet and unanimously carried, that R20904 be adopted. 21.13 CONVENTION CENTER EXPANSION — PHASE II — SOIL TESTING Recommendation: That the Council approve an agreement with Testing Engineers — U.S. Labs for soils and materials testing at the Convention Center for $180,000. A4874. Minute Order 7474, as revised, not to exceed $180,000 and subject to approval of City Attorney, was presented; after which, it was moved by Mills, seconded by Pougnet and unanimously carried, that MO7474 be adopted. 21C. WASTEWATER TREATMENT PLANT FUND TRANSFER ' Recommendation: That the Council approves the transfer of funds from the Wastewater Treatment Plan Reserve Account to the Aviation Department Reserve Account for $3,730,500 as fair market value I exchange for the Council Minutes 04-21-04, Page 10 appraised value of 24.87 acres of airport property located in Section 19, Lots 19 and 20. Materials to be provided. City Manager withdrew the item. ADDED STARTERS: None. REPORTS & REQUESTS: 22. BOARD & COMMISSION SCHEDULE INTERVIEW DATES AND TIMES Council concurrence to continue consideration of item to May 5, 2004. BOARD & COMMISSION ANNUAL DINNER DATE Council concurrence for date of event to be held Monday, June 14, 2004. 23. GENERAL PLAN CONSULTANT SELECTION COMMITTEE — SUB- COMMITTEE APPOINTMENT Mayor pro tem Mills CITY COUNCIL reports or requests Councilmember Foat: Requested placing the CVAG model massage ordinance on a future agenda for discussion. Mayor pro tern Mills: Requested placing as a legislative item, the formation of a Council subcommittee to evaluate the process of formation, determination, and/or definition of neighborhood groups. Councilmember Pougnet: Requested extending the current contract with SMG, adding this will allow Council and staff to conduct an extensive evaluation and review options for the administration of tourism. PUBLIC reports or requests - None STAFF reports or requests Southern California Edison's Annual Franchise Statement. Received and filed. ADJOURNMENT There being no further business, Mayor pro tem Mills declared the meeting adjourned. By:—KATk CII�k ,] PATRIRS, MMC City Clerk