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HomeMy WebLinkAbout2004 - MINUTES - 6/16/2004 CITY OF PALM SPRINGS CITY COUNCIL MINUTES ' JUNE 16, 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, June 16, 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 Reverend Richard Drasen — Palm Springs Church for Today. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on June 11, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 7 of agenda this date. PRESENTATIONS: None HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING ' AUTHORITY: No Business 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: Harold Stone, Palm Springs, stated that the Airport has been receiving rent from the City for land located at the Wastewater Treatment Plant; that the land at the Plant belongs to the City not the airport; that the FAA has been contacted regarding the issue and resolution should be forthcoming. Cheryl Schmit, Director of Stand Up For California, stated that Palm Springs has the only urban located casino; that the Tribe should be working with the City to offset the impacts of gaming and that the State is negotiating new compacts with all California Tribes except those of Riverside County. John Hansen, Palm Springs, stated that between Indian ambitions and developers the real people of Palm Springs are being squeezed out and that the Council needs to be aware of the situation. Tracy Conrad, Palm Springs, requested support of Item 15 for reconsideration and approval. ' Harold J. Meyerman, Palm Springs, requested support of Item 15. Ralph Hitchcock, Palm Springs, requested support of Item 15. Ernest Vincent, Palm Springs, stated availability for questions regarding Item 15. Council Minutes 06-16-04, Page 2 Mellika Albert, Palm Springs, stated that managed growth is needed in Palm Springs. ' That there is a dangerous precedence being set with the amount of residential property being built; and that not only the wildlife is at stake, but the water supply. Frank Tysen, Palm Springs, stated that if the character of Palm Springs is not protected, tourism will be lost; and that the Palm Hills project should be taken to a vote of the people. 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 7497 approving Amendment 3 to A4577 with Turner Construction for the Convention Center Expansion to add a one-month term and reduce the fee portion of compensation by $125,000. 2. MO 7498 approving purchase and installation from Blue's Aviation Service for an aircraft engine and related components for a city-owned fixed-wing aircraft utilized by the Police Aero Squadron for $34,842.24. 3. MO 7499 approving agreement with Tettemer & Associates for the Palm Canyon ' Wash and Tahquitz Creek floodwalls for$70,870. CP90-06. A4896. 4. MO 7500 approving Amendment 2 to A3990 with Palm Desert National Bank for automated teller machine supply and servicing at the Palm Springs International Airport for a term of three months. 5. MO 7501 approving settlement agreement with Marlene and William Byrne concerning a July 16, 2002 injury. A4897. 6. MO 7502 approving AB 2766 Memorandum of Understanding with the Coachella Valley Association of Governments. A4898. Materials to be provided. 7. MO 7503 approving Amendment 1 to A4884 with Renee Mayne for labor negotiation services for $25,000, term to January 3, 2005. Total contract $50,000. 8. Res 20977, 20978, 20979 and 20980 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 996962 Animal Medical Hospital Business Related ' Mills 996963 Animal Medical Hospital Business Related EXTENDED CONSENT AGENDA: None Council Minutes 06-16-04, Page 3 ' PUBLIC HEARINGS: 9. SEWER SERVICE CHARGES — FISCAL YEAR 2004-05 Recommendation: That the Council approve placement of sewer service charges for fiscal year ending June 30, 2005 to be collected on the Riverside County property tax rolls. Director of Finance & Treasurer reviewed the staff report. Mayor declared the Hearing open. Dana Stewart, Palm Springs, questioned the advantage of placement of the charges on the tax rolls; and added that the City is under seize over water. There being no further appearances, the Hearing was closed. Resolution 20985 as recommended was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that R20985 be adopted. 10. CASE 5.0826, PD 258, TTM 29100, TPM 29101, PALM HILLS DEVELOPMENT AGREEMENT Recommendation: That the Council approve Case 5.0826, Planned Development District 258, Tentative Master Parcel Map 29101, Tentative Tract Map 29100, Palm Hills Specific Plan, General Plan Text Amendments; certify the Final Environmental Impact Report for 1,204 acres located in the foothills of the Santa Rosa Mountains, south of East Palm Canyon Drive, north of Murray Hill. Zone U-R, Section 31 and 32, T4S, RSE, SBBM. Applicant: Palm Hills Land Corporation. 1601 Notices Mailed. A---- 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 support of Item 10: Bob Evans, Palm Springs Jon Gordon, Palm Springs Michael Peroni, Palm Springs Dr. Jack Turner, Huntsville, Texas Tamar Stein, Esq., Los Angeles Paul Krausman, University of Arizona Council Minutes 06-16-04, Page 4 The following persons spoke in opposition to Item 10: ' Pete Sorensen, US Fish & Game Jeremy Groom, US Fish & Wildlife Charles Miller, Palm Springs Jim DeForge, Palm Desert Esther Rubin, Valley Center Wayne Brechtel, Esq., Solana Beach Joan Taylor, Sierra Club, Palm Springs Paula Auburn, Palm Springs Bob Dillingham, Palm Springs Alexandra Sheldon, Palm Springs Aimee Byard, Palm Desert Scott Scott, no address given Scott Cole, no address given Joan Martin, Palm Springs There being no further appearances, the Hearing was closed. Motion to continue the item to July 7, 2004 was presented; after which, it was moved by Foat, seconded by Pougnet and carried by the following vote that the Item be continued. AYES: Members Foat, Mills, Pougnet and Mayor Oden NO: Member McCulloch 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: 11. CITY INSURANCE RENEWALS Recommendation: That the Council approve renewals for various insurance coverage for City owned property. Materials to be provided. Director of Human Resources reviewed the staff report. Resolution 20981 and Minute Order 7504 (Option 1) as recommended were presented; after which, it was moved by Pougnet, seconded by Mills and unanimously carried, that R20981 be adopted. 12. ORDINANCE FOR SECOND READING &ADOPTION (INTRO 6-2-04) TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT Councilmember Mills declared Conflict of Interest due to property ownership and exited the Chamber. Council Minutes 06-16-04, Page 5 City Clerk read Title of Ordinance 1656 as follow: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE MERGED REDEVELOPMENT PLAN FOR THE MERGED REDEVELOPMENT PROJECT NO 2 (TAHQUITZ ANDREAS EMINENT DOMAIN AMENDMENT) After which, it was moved by Foat, seconded by McCulloch and unanimously carried, Mills absent, that further reading be waived and Ordinance 1656 be adopted. Councilmember Mills reentered the Chamber. 13. STUDY SESSION DOCKET Recommendation: That the Council give direction regarding upcoming schedule of Study Session discussions. (No quorum June 23; Status of no scheduled meeting of June 30, 2004 to be decided.) Materials to be provided. City Manager reviewed the upcoming schedule for Study Sessions and recommended that the meeting be continued to June 30, 2004. ' Consensus of Council to continue the Meeting to the June 30, 2004 study session to include discussion for proposed ballot initiatives for the November 2004 election and during the week of July 121h the Council shall hold a Visioning Session(s); and that the two study sessions scheduled in July 2004 shall include the parking program; the City boards and commissions appointment process; the taxi cab franchising; and the specific plan for Chino Cove. 14. COUNCILMEMBER HANDBOOK— RULES OF PROCEDURE Recommendation: That the Council amend the Councilmember Handbook Rules of Procedure 7.5 Reconsideration to add language to permit reconsideration at a subsequent meeting. City Attorney reviewed the staff report. Resolution 20982 as recommended was presented; after which, it was moved by McCulloch, seconded by Foat and unanimously carried, that R20982 be adopted. 15. ASSESSMENT DISTRICT 162 — IRONWOOD HOMES DBA PALM SPRINGS MODERN HOMES Councilmember Pougnet declared Conflict of Interest due to property ownership and exited the Chamber. Motion to reconsider the previous action of denial was presented; after which, it was moved by Foat, seconded by Mills and carried by the following vote that the item be reconsidered. Council Minutes 06-16-04, Page 6 AYES: Members Foat, McCulloch and Mills i NO: Mayor Oden ABSENT: Member Pougnet Recommendation: That the Council reconsider approval of the application for the processing of the formation of Assessment District 162, by Ironwood Homes dba Palm Springs Modern Homes and allow the formation of Assessment District 162 to proceed with an initial bond amount less than $2 million minimum established by the City's Policies and Procedures for Special Assessment and Mello-Roos Community Facility District (CFD) Municipal Bond Financing for Public Improvements for Development Projects or denial of the application for further processing of the formation of Assessment District 162. Director of Public Works/City Engineer reviewed the staff report. Resolution 20983 as recommended was presented; after which, it was moved by Foat, seconded by McCulloch and unanimously carried, that R20983 be adopted. AYES: Members Foat, McCulloch and Mills NO: Mayor Oden ABSENT: Member Pougnet Councilmember Pougnet reentered the Chamber. ' 16. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirement; materials provided at meeting). Councilmember Pougnet declared Conflict of Interest due to property interest and exited the Chamber. A. FINAL MAP 28966 Recommendation: That the Council approve an Assignment and Assumption of Subdivision Improvement Agreement between Preserve Golf Company LLC, and Calise Development LLC; authorize the release of original securities from Preserve Golf Company; and approve replacement securities from Calise Development LLC. A4814. City Engineer reviewed the staff report. Resolution 20984 as recommended was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that R20984 be adopted. AYES: Members Foat, McCulloch, Mills and Mayor Oden NO: None ABSENT: Member Pougnet ADDED STARTERS: None Council Minutes 06-16-04, Page 7 ' REPORTS & REQUESTS: Mayor Oden requested a joint meeting with Desert Regional Hospital Board members be scheduled. Councilmember Pougnet requested a discussion relating to the zoning use for churches be scheduled at a future study session; and for a report relating to the amount of time spent waiting for emergency services at Desert Regional Hospital, and that the Planning and Airport Commissions consider renaming Airport Road to Kirk Douglas Road to honor Mr. Douglas. CITY COUNCIL reports or requests 17. Treasurer's Investment Report of April 30, 2004 — received and filed. 18. Planning Commission Appointments (2)—Term 6-30-07 Current members continue to serve. PUBLIC reports or requests None STAFF reports or requests None ADJOURNMENT: There being no further bus' ess- ayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk