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