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HomeMy WebLinkAbout2004 - MINUTES - 5/19/2004 CITY OF PALM SPRINGS CITY COUNCIL MINUTES May 19, 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, May 19, 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 Rabbi Ofsyer— Temple Isaiah. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on May 14, 2004, REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 8 of agenda this date. PRESENTATIONS: Tachevah sidewalk lighting Proclamation to Howard Lapham ' HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business Convene as the City Council and the Community Redevelopment Agency CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY JOINT PUBLIC HEARING: A. MERGED REDEVELOPMENT PROJECT NO. 2 PLAN AMENDMENT ORDINANCE INTRODUCTION Agency/Council Member Mills declared Conflict of Interest due to ownership of property and exited the Chamber. On May 5, 2004, the Agency/Council continued consideration of reinstatement of eminent domain authority for nonresidential properties in the Tahquitz-Andreas Constituent Project Area. Director of Community & Economic Development reviewed the staff report and added there were two written objections of the item; that the consultants and attorneys would be addressing the concerns and that after the Hearing is closed the item should be continued to allow response to the objections. Chairman declared the Hearing open; there being no appearances, the Hearing was closed. Council Minutes 05-19-04, Page 2 ' Agency/Council Member Foat questioned if there were any plans to "take" any operating businesses by eminent domain. Director of Community & Economic Development stated there were no plans. Motion to continue the item to June 2, 2004 was presented; after which, it was moved by Foat, seconded by McCulloch and unanimously carried, Mills absent, that the Motion be adopted. Agency/Council Member Mills reentered the Chamber. Adjourn as the Community Redevelopment Agency; continue as the City Council. CITY COUNCIL PUBLIC COMMENTS: Rose Therrien, Palm Springs, stated that a traffic signal at Racquet Club and Farrell should be installed or traffic should be slowed down. The following persons spoke in support of Item 21: ' Robin Burns, Coachella Valley Taxi Owners Association Michael Marchese, Cathedral City Sergio Santo, Cathedral City The following persons spoke in support of increasing the Utility User Tax: Beth Arterberry, Palm Springs Mary Ann West, Palm Springs Howard Lapham, Palm Springs requested approval of Item 4. APPROVAL OF CONSENT AGENDA: It was moved by Mills, seconded by Pougnet and unanimously carried, that Items 1 thru 8, be adopted. Review by City Manager of Consent Items to be clarified. 1. MO 7485 amending the designation of Local Law Enforcement Block Grant Funds to delete the portable live scan fingerprint system and vehicle mounted video cameras and add range ammunition, taser less-lethal weapons, gas masks, pepper spray, digital cameras, badges, leg restraints and crime analysis research for $103,520. Total award $130,139. ' 2. Res 20924 approving Resolution of Convenience and Necessity to sell alcohol for property located at 333 South Indian Canyon Drive, Suite E. Applicant: Clyde Wright. Mills abstained, business related. Council Minutes 05-19-04, Page 3 3. MO 7486 approving Memorandum of Understanding agreement with the County ' of Riverside for joint monitoring of emergency ambulance services with American Medical Response (AMR). A4883. 4. MO 7487 approving Amendment 1 to A4713 with SDC, LLC for a one year time extension to June 3, 2005 with the Exclusive Agreement to Negotiate for the development of the Tahquitz Creek Resort Hotel and timeshares. A4713. 5. MO 7488 approving the purchase with Bear Cat Manufacturing Inc for one crack sealing machine for$31,754.68. 6. Res 20925 approving Memorandum of Understanding with the Palm Springs Fire Management Association for a two year period ending June 30, 2006. 7. Res 20926 authorizing the merger of the Police Safety and Fire Safety pension plans with CalPERS, effective July 1, 2005. No cost to General Fund. 8. Res 20927, 20928, 20929, 20930 and 20931 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict McCulloch 996104 Desert Fire Extinguishers Business related ' Mills 996056 Animal Medical Hospital Business related Mills 996057 Animal Medical Hospital Business related EXTENDED CONSENT AGENDA: None PUBLIC HEARINGS: 9. TENTATIVE TRACT MAP 31887 —JOHN WESSMAN 284 S. CAHUILLA ROAD On May 5, 2004, Council continued consideration of the revised Tentative Tract Map 31887 to construct 38 condominium units for the property located at 284 S. Cahuilla Road, Zone R-2 and R-3, Section 15. Applicant: John Wessman. Director of Planning & Zoning reviewed staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open. John Wessman, developer, stated availability for questions or clarification of project. ' There being no further appearances, the Hearing was closed. Council Minutes 05-19-04, Page 4 ' Resolution 20932 as recommended was presented; after which, it was moved by Foat, seconded by Mills and unanimously carried, that R20932 be adopted. 10. TTM 28610 — MATZNER & OLIPHANT—TACHEVAH DRIVE Recommendation: That the Council provide relief from Conditions 24 and 25 of the Conditions of Approval for Tentative Tract Map 28610 with Matzner & Oliphant requiring the undergrounding of utilities that are less than 35KV for project located on the north side of Tachevah Drive between Avenida Caballeros and Sunrise Way, R-1-C zone, Section 11. Applicant: Matzner & Oliphant. 190 Notices Mailed. Director of Planning & Zoning reviewed staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open. The following persons spoke in opposition of waiving of Conditions related to undergrounding. Meg Bane, Palm Springs Sally Hunter, Palm Springs ' John Mahoney, Palm Springs Brian Riley, Palm Springs Paula Auburn, Palm Springs Keith Brock, Palm Springs The following persons spoke in support of the Item as recommended. John Wessman, Palm Springs Ralph Hitchcock, Palm Springs Eva Matznar, no address given There being no further appearances, the Hearing was closed. Motion to approve the project with undergrounding of utilities on specified property line to be deferred by covenant was moved by Mills and died due to a lack of second. Motion to approve the item as recommended was presented; after which it was moved by Mills and died due to a lack of second. Member McCulloch requested the motion include language to record the costs against each property and that if the Assessment District fails, that the findings will not be protested and each will pay its fair share. ' Resolution 20933 as revised to include covenant to be prepared by City Attorney was presented; after which, it was moved by McCulloch, seconded by Mills and carried by the following vote that R20933 be adopted. Council Minutes 05-19-04, Page 5 AYES: Members Mills, McCulloch and Mayor Oden ' NO: Members Foat and Pougnet. 11. TTM 32263 — PALM SPRINGS COMMERCE CENTER — 1301 hMONTALVO WAY Recommendation: That the Council approve Tentative Tract Map 32263 with Palm Springs Commerce Center for the conversion of a 33,000 square; foot light industrial office building into a business condominium complex and subdivide 2.30 acres into 1 lot, property located at 1301 Montalvo Way, zone M-1-P, Section 7. Applicant: Philip J. Cleary. 43 Notices Mailed. Director of Planning & Zoning reviewed 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 20934 as recommended was presented; after which, it was moved by Mills, seconded by Pougnet and unanimously carried, that R20934 be adopted. 12. CASE 5.0889— PD 269 — K. HOVNANIAN — 3801 N. SUNRISE WA`( Recommendation: That the Council approve an addendum to the Mitigated , Negative Declaration for a minor amendment to case 5.0889 — PD269, Planned Development District and Tentative Tract Map 30058 for a gated 176 unit single family residential development located at 3801 North Sunrise Way, Zone PD 116A, Section 35. Applicant K. Hovnanian. 461 Notices Mailed. Director of Planning & Zoning reviewed staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open. Don Thompson, representing developer stated availability for questions. There being no further appearances, the hearing was closed. Resolution 20935 as recommended was presented; after which, it was moved by Pougnet, seconded by Mills and unanimously carried, that R20935 be adopted. 13, DELINQUENT WASTE DISPOSAL SERVICES Recommendation: That the Council approve placement of delinquent waste disposal services accounts for fiscal year ending June 30, 2004 on the Riverside County property tax rolls. 953 Notices Mailed. , Director of Finance & Treasurer reviewed the staff report. Mayor declared the Hearing open. Council Minutes 05-19-04, Page 6 Rein@ Ortiz, Palm Springs, stated that the City should not impose trash pickup on property when vacant; that the property owners should have a choice on whether or not to have trash pickup and added that all that live in Palm Springs are not wealthy. There being no further appearances the Hearing was closed. Resolution 20936 as recommended was presented; after which, it was moved by Pougnet, seconded by Mills and unanimously carried, that R20936 be adopted. 14. CASE 5.0989— CUP — NEXTEL—4711 EAST PALM CANYON DRIVE Recommendation: That the Council approve Conditional Use Permit 5.0989 for the installation of a commercial communications antenna on a forty-five foot monopalm pole and equipment cabinet on property leased at 4711 East Palm Canyon Drive. Zone C-D-N, Section 30. Applicant Nextel — James Lee. 512 Notices Mailed. Director of Planning & Zoning reviewed staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open. ' Jim Lee, Tetra Tech for Nextel, stated availability for questions. There being no further appearances, the Hearing was closed. Resolution 20937 as recommended was presented; after which, it was moved by Foat, seconded by McCulloch and unanimously carried, that R20937 be adopted. 15. CAMINO MONTE RIGHT-OF-WAY VACATION Recommendation: That the Council vacate a portion of the right-of-way dedicated for the public street Camino Monte. Section 27, T4S, R4E. File R-03- 011. Director of Public Works/City Engineer reviewed the staff report. Mayor declared the Hearing open. The following person spoke in support of the Item. John Wessman, Palm Springs The following persons spoke in support of the Item with continued accessibility to trails. Wendy Kingston, Palm Springs A.R. Difeo, Palm Springs There being no further appearances, the Hearing was closed. Council Minutes 05-19-04, Page 7 Resolution 20938 as recommended was presented; after which, it was moved by ' Mills, seconded by Oden and unanimously carried, that R20938 be adopted. 16. EL ALAMEDA RIGHT-OF-WAY VACATION Recommendation: That the Council vacate a portion of the right-of-way dedicated for the public street El Alameda. Section 11, T4S, R4E. File R-03- 052. Director of Public Works/City Engineer reviewed the staff report. Mayor declared the Hearing open. Bob Evans, Palm Springs, requested approval of the Item. There being no further appearances, the Hearing was closed. Resolution 20939 as recommended was presented; after which, it was moved by Foat, seconded by Mills and unanimously carried, that R20939 be adopted. 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: 17. 2003-04 FISCAL YEAR BUDGET AMENDMENT MERGED PROJECT AREA 1 & 2 LOANS Councilmembers Foat and Mills declared Conflict of Interest due to property ownership and exited the Chamber. Recommendation: That the Council approve loan repayments and reloaning of funds from the General Fund for Merged Area 1 in the amount of $700,000 and Merged Area 2 for $300,000. See CRA B. Director of Finance & Treasurer reviewed the staff report. Resolutions 20940 & 20941 (2) amending the budget were presented; after which, it was moved by Pougnet, seconded by McCulloch, and unanimously carried, Foat and Mills absent, that R20940 and R20941 be adopted. Councilmembers Foat and Mills reentered the Chamber. Council Minutes 05-19-04, Page 8 18. COMPREHENSIVE FEE SCHEDULE Recommendation: That the Council adopt a recodified Comprehensive Fee Schedule which provides minor updates and incorporates all previously approved fee schedule amendments for all citywide Departments; and rescind Resolution 20362. City Clerk reviewed the staff report. Resolution 20942 as recommended was presented; after which, it was moved by Mils, seconded by Pougnet and unanimously carried that R20942 be adopted. 19. ZONING ORDINANCE AMENDMENTS — SECOND READING & ADOPTION CIVIC CENTER/SERVICE/MANUFACTURING/COMMUNITY CENTER ZONES — INTRO 5-5-04 City Clerk read Titles of Ordinance 1653 and Ordinance 1654 as follows: Ordinance 1653: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO CHAPTER 92.00. SECTION 92.23.00, CC ZONE, SO AS TO ALLOW TRANSPORTATION FACILITIES AS A CONDITIONAL USE IN THE CIVIC CENTER ZONE AND CHAPTER 92.00. SECTION 92.17.00, M-1 ZONE, SO AS TO MODIFY THE REQUIREMENTS FOR LOCATION OF AMBULANCE SERVICES IN THE SERVICE/MANUFACTURING ZONE, CITY WIDE and AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO CHAPTER 92.00, SECTION 92.11.00, C-S-C ZONE, TO ALLOW BUSINESS SCHOOLS NOT EXCEEDING 40,000 SQUARE FEET OF GROSS BUILDING AREA, AS A CONDITIONAL USE IN THE COMMUNITY SHOPPING CENTER ZONE, CITYWIDE after which, it was moved by Foat, seconded by Mills and unanimously carried, that further reading be waived and Ordinances 1653 and 1654 be adopted. 20. MUNICIPAL CODE AMENDMENT— SECOND READING & ADOPTION FALSE ALARM RESPONSE FEES — INTRO 5-5-04 City Clerk read Title of Ordinance 1655 as follows: ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REVISING A PORTION OF CHAPTER 5.02 OF THE PALMS SPRINGS MUNICIPAL CODE RELATING TO FALSE ALARM RESPONSE FEES Council Minutes 05-19-04, Page 9 After which, it was moved by Foat, seconded by Mills and unanimously carried that further reading be waived and Ordinance 1655 be adopted. 21. MUNICIPAL CODE AMENDMENT INTRODUCTION & FIRST READING TAXICAB ADVERTISING Recommendation: That the Council amend the Palm Springs Municipal Code Chapter 5.40 to allow advertising material on taxicabs. Director of Planning & Zoning reviewed staff report and visual site plans on display in the Chamber. Motion to continue the Item for 30 days with direction to start zoning ordinance amendment and franchising processes to run concurrently and notification of electorate of Valley cities of possible amendment was presented; after which, it was moved by Pougnet, seconded by McCulloch and carried by the following vote that the Motion be adopted. AYES: Members McCulloch, Mills, Pougnet and Mayor Oden NO: Member Foat. 22. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirement; materials provided at meeting) SANTIAGO SUNRISE VILLAGE MOBILE HOME PARK MULTIFAMILY MORTGAGE REVENUE BONDS SERIES 2004 Recommendation: That the Council approve a Multifamily Mortgage Revenue Bond Series 2004 issue of $3,800,000 for the purchase and rehabilitation of 176 space park known as the Sunrise Village Mobile Home Park. Director of Community & Economic Development reviewed the staff report. Resolution 20943 as recommended was presented; after which, it was moved by Mills, seconded by Foat and unanimously carried, that R20943 be adopted. ADDED STARTERS: None. REPORTS & REQUESTS: Mayor Oden requested current policies on surplus property and Indian Avenue street closures to be provided to Council. Councilmember Pougnet requested status of the street naming policy. Councilmember McCulloch requested status report on median at Avenida Caballeros & , Alejo to include the impact of the median on the airplane parade. Council Minutes 05-19-04, Page 10 Councilmember Mills requested City Manager letter to Supervisor Ashley dated May 11, 2004 be revised to delete the statement of the City having no problem with billboards, adding that the Council has never been supportive of billboards and requests that Fairway be required to follow the same regulations as the Tribe regarding spacing. CITY COUNCIL reports or requests 23. Treasurer's Investment Report as of March 31, 2004. Received and filed. 24. Subcommittee Appointment (2) — Neighborhood Councilmembers Foat and Mills. Mayor Oden as alternate. 25. Sunline Transit Alternate — Councilmember McCulloch PUBLIC reports or requests Bob Evans requested trial temporary street closure on Via Altamira and Vista Valmonte. STAFF reports or requests ADJOURNMENT: ' There being no further business, ayor declared the meeting adjourned. wx PATRICIA A. SANDERS City Clerk