HomeMy WebLinkAbout2004 - MINUTES - 7/7/2004 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JULY 7, 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, July 7, 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 Pastor Ozzie
Perez - Brush Fire Ministries.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on July 2, 2004.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 8 of agenda this date.
PRESENTATIONS: Swear-in Fire Chief Goetz
Bary Freet— Fire Chief, Proclamation ,
Rev. Andrew Green, Certificate of Appreciation
Ms. Elizabeth Fausto, Certificate of Appreciation
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:
The following persons spoke in opposition to Item 16:
Jane Smith, Palm Springs
Frank Tysen, Palm Springs
Marsha Delano, no address given
Charles Sachs, Palm Springs
Mallika Albert, Palm Springs
Nicki McLaughlin, Palm Springs
Dana Stewart, no address given
Maile Klein, Palm Springs, stated that the fireworks set off at 3 a.m. was inconsiderate of
the neighbors; that the 911 lines were overloaded; and that the City should have taken a '
pass for the 15 minutes of fame.
Dr. Henry Richter, no address given, stated a letter had been sent to the Council over
two weeks ago expressing concerns over the problems with the dispatch radios and the
need for upgrade or replacement.
Council Minutes
07-07-04, Page 2
Jim Stuart, Palm Springs, stated that the City is saddling the last developer with all of the
costs for installation of medians and therefore needs to review that policy; that a task
force should be appointed to discuss the consolidation of Desert Hot Springs, Cathedral
City and Palm Springs Regional Safety Services; and that a parcel safety tax could be
taken to the voters for consideration.
Joan Martin, Palm Springs, stated that medians seem to be encouraged by the City but
in her opinion are dangerous; and that if the City does recommend using medians, they
should only be installed to discourage left turns.
APPROVAL OF CONSENT AGENDA:
It was moved by Mills, seconded by Pougnet and unanimously carried, that Items
1 thru 12, excluding 8 and 11, be adopted.
Review by City Manager of Consent Items to be clarified.
1. Approval of Minutes May 5 and 26, 2004.
2. MO 7509 authorizing letter in opposition to SB 1477 (SHER) regarding Water
Quality. Wetlands.
3. Res 20986 approving Final Map 31328, prepared by Hacker Engineering,
representing Palm Springs Gardens to subdivide property located at 1050 East
Baristo Road, Section 14, T4S, R4E. A4914. McCulloch abstain due to business
client.
4. Res 20987 approving time extension of Tentative Tract Map 28495, Tuscany
Heights, for one year from May 1, 2004 to May 1, 2005 for the subdivision of 7.87
acres into 15 single family residential lots and a detention basin, located south of
Racquet Club Road, West of Milo Drive, Zone R-1-13, Section 3, subject to
conditions.
5. MO 7510 approving Change Order 3 to A4747 with G & M Construction for
Desert Fashion Plaza Street Improvements, for $13,000. Total contract
$346,141. CP03-05.
6. Res 20988 supporting request to Governor to acquire appropriate funding for
more judicial officers in Riverside and San Bernardino Counties.
7. MO 7511 authorizing the City Manager to lock in fixed pricing favorable to the
City as a result of monitoring the natural gas market on a day-to-day basis with a
term of 12 months beginning September 1, 2004.
8. SEE EXTENDED CONSENT AGENDA
9. Not Used.
Council Minutes
07-07-04, Page 3
10. MO 7512 approving contract with Riverside County Pest Control for pest i
extermination and contractual services at various City owned buildings for a
three-year period with options of two 1-year extensions. Contract total $6,352
per year. A4915.
11. SEE EXTENDED CONSENT AGENDA
12. Res 20989 and 20990 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Mills 997566 Animal Medical Hospital Business Related
Mills 997567 Animal Medical Hospital Business Related
EXTENDED CONSENT AGENDA:
8. CITYWIDE PALM TRIMMING & SEED POD REMOVAL
Recommendation: That the Council award contract with Desert View Tree
Service on a unit price basis of $18 per palm tree for removal of seedpods and
fronds for $53,604. A4916. '
City Manager reviewed the staff report.
Minute Order 7513 as recommended was presented; after which, it was moved
by Foat, seconded by Mills and unanimously carried, that MO7513 be adopted.
11. BUXTON COMPANY DOWNTOWN POTENTIAL RETAIL STUDY
Recommendation: That the Council approve a contract with Buxton Company for
a retail potential study for the downtown area, encompassing demographic and
psychographics analyses for$75,000. A4917.
City Manager reviewed staff report.
Minute Order 7514 as recommended was presented; after which, it was moved
by Mills, seconded by Foat and unanimously carried, that MO7514 be adopted.
PUBLIC HEARINGS:
13. CASE 5.0931-B — PD279 —TTM32028 — CENTURY VINTAGE HOMES
Recommendation: That the Council approve the mitigated negative declaration
and mitigation monitoring program; Planned Development District 279 for the ,
construction of 196 single-family residential units with associated on and off-site
improvements; Tentative Tract Map 32028 for the property located at the
northeast corner of the intersection of Gateway Drive and State Highway 111 and
southeast of the Chino Canyon levee, Zone R-1-C, Section 33.
Council Minutes
07-07-04, Page 4
Director of Planning & Zoning reviewed the staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open.
The following persons spoke in opposition of the project:
Frank Tysen, Palm Springs
J. R. Roberts, Palm Springs
Dana Stewart, Palm Springs
Charles Sealak, no address given
The following persons spoke in support of the project:
Carlos Cueva, Palm Springs
Betty Williams, no address given
Marty Butler, Century Homes
Woman, Palm Springs
Tonie Beckley, Palm Springs
There being no further appearances, Mayor declared the Hearing closed.
Resolution 20991 as revised to include additional landscaping in the flood control
area was presented; after which, it was moved by Foat, seconded by Pougnet
and unanimously carried, that R20991 be adopted.
14. CASE 5.0994 — PD293 — LIBERTY ESCROW
Councilmember Mills declared Conflict of Interest due to business client and
exited the Chamber.
Recommendation: That the Council approve Case 5.0994, Planned
Development District 293 for the construction of a one story professional office
complex on a 0.9 acre site, located at 200 North Sunrise Way. Zone R-2,
Section 13. Mills abstain, Pougnet no
Director of Planning and Zoning reviewed the staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open.
The following person was opposed to approval:
Howard Martune, Palm Springs
The following persons spoke in support of the project:
Larry Schaeffer, Liberty Escrow
Marvin Roos, Architect
Blake Goetz, Palm Springs
There being no further appearances, the Hearing was closed.
Council Minutes
07-07-04, Page 5
Motion to eliminate the condition concerning the median and require the
applicant to pay up to $150,000 toward the undergrounding of utilities was moved
by Foat and died due to a lack of second.
Motion to send the item back to the Planning Commission for reevaluation of rear
setbacks was moved by Foat and died due to a lack of second.
Resolution 20992 as revised for applicant to cover up to $150,000 in
undergrounding of utilities for adjacent neighbors, with neighbors responsible for
any excess amount was presented; after which, it was moved by Foat, seconded
by and carried by the following vote that R20992 be adopted.
AYES: Members Foat, McCulloch and Mayor Oden
NO: Member Pougnet
ABSENT: Member Mills
Councilmember Mills reentered the Chamber.
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:
15. DREAM HOMES SEWER SERVICE
Recommendation: That the Council authorize extension of sewer service to the
Dream Homes properties located in the City of Cathedral City adjacent to the
Palm Springs City limits, north of Ramon Road and east of Gene Autry Trail;
further authorize receipt and approval of an Engineering Study outlining the
requirements for sewer mains, lift stations and affects on the Treatment Plant
capacity and operation; authorize a Memorandum of Understanding with the City
of Cathedral City regarding responsibilities; and approve connection fees to be
that as authorized for properties within the City limits at $2,408 per connection
unit.
City Manager withdrew the item.
16. CASE 5.0826, PD 258, TTM 29100, TPM 29101, PALM HILLS DEVELOPMENT
AGREEMENT
On June 16, 2004, Council continued consideration of approval of Case 5.0826,
Planned Development District 258, Tentative Master Parcel Map 29101,
Tentative Tract Map 29100, Palm Hills Specific Plan, General Plan Text
Amendments; certifying the Final Environmental Impact Report for 1,.204 acres
located in the foothills of the Santa Rosa Mountains, south of East Palrn Canyon
Drive, north of Murray Hill. Zone U-R, Section 31 and 32, T4S, RSE, SBBM.
Applicant: Palm Hills Land Corporation. A4918.
Council Minutes
07-07-04, Page 6
iDirector of Strategic Planning reviewed the staff report.
Motion to delay consideration until the March, 2005 election was moved by Foat
and died due to a lack of second.
Resolution 20993 (EIR); Resolution 20994 (GPA); Resolution 20995 (SP);
Resolution 20996 (PDD) as recommended were presented; after which, it was
moved by Mills, seconded by Pougnet and carried by the following vote that
R20993, R20994, R20995, R20996 be adopted.
AYES: Members McCulloch, Mills, Pougnet and Mayor Oden
NO: Member Foat
City Clerk read Title of Ordinances as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM
U-R TO PD 258, FOR THE PROPERTY LOCATED SOUTH OF EAST PALM
CANYON DRIVE, WEST OF PALM HILLS DRIVE/BROADMOOR DRIVE IN THE
SANTA ROSA MOUNTAINS, ZONE U-R, SECTION 31 AND 32, T4S, RSE,
SBBM
and
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH PALM
HILLS LAND CORPORATION FOR THE PALM HILL SPECIFIC PLAN
LOCATED SOUTH OF EAST PALM CANYON DRIVE AND WEST OF PALM
HILLS DRIVE/BROADMOOR DRIVE IN THE SANTA ROSA MOUNTAINS,
ZONE U-R, SECTION 31 AND 32, T4S, RSE, SBBM
after which, it was moved by Mills, seconded by Pougnet and unanimously
carried that further reading be waived; and it was further moved by Mills,
seconded by Pougnet and carried by the following vote that the Ordinance be
introduced for first reading.
AYES: Members McCulloch, Mills, Pougnet and Mayor Oden
NO: Member Foat
17. 2003-04 CONTINUING APPROPRIATIONS
Recommendation: That the Council authorize the continuation of appropriations
from fiscal year 2003-04 budget for projects not completed.
Director of Finance & Treasurer reviewed the staff report.
Resolution 20997 as revised to include Human Rights Commission balance was
presented; after which, it was moved by Pougnet, seconded by Foat and
unanimously carried, that R20997 be adopted.
Council Minutes
07-07-04, Page 7
18. COMPREHENSIVE FEE SCHEDULE AMENDMENT— BUSINESS LICENSE ,
Recommendation: That the Council amend the Comprehensive Fee Schedule to
add a new fee for the administrative costs of Business License issuance at the
rate of $25 for new licenses and $15 for renewed licenses, including licenses for
tax-exempt organizations.
No staff report was given.
Resolution 20999 as recommended was presented; after which, it was moved by
Mills, seconded by Foat and unanimously carried, that R20999 be adopted.
19. FISCAL YEAR 2004-05 ALLOCATED POSITIONS AND COMPENSATION
PLAN AMENDMENT 1 — POLICE DEPARTMENT
Recommendation: That the Council approve Amendment 1 to the 2004-05
Allocated Positions and Compensation Plan, R20974, authorizing the deletion of
one Family Intervention Police Officer position and the addition of one Family
Intervention Officer civilian position.
City Manager reviewed the staff report.
Resolution 21000 as recommended was presented; after which, it was moved by
Mills, seconded by Foat and unanimously carried, that R21000 be adopted.
20. INDIAN GAMING SPECIAL DISTRIBUTION FUND
2004-05 FISCAL YEAR BUDGET AMENDMENT
Recommendation: That the Council establish a new fund, Indian Gaming Special
Distribution Fund for the purposes of accounting for the total of $897,062
allocated to the City of Palm Springs for Fiscal Year 2004-05 and authorize the
Director of Finance and Treasurer to transfer necessary revenue and expenses
between the various funds involved.
Director of Finance & Treasurer reviewed the staff report.
Resolutions 21001 to 21006 (6) as recommended were presented; after which, it
was moved by Mills, seconded by McCulloch and unanimously carried, that
R21001 — 21006 be adopted.
21. 2004-05 FISCAL YEAR BUDGET AMENDMENT—TIPPING FEE
Recommendation: That the Council approve an amendment to the 2004-05
fiscal year to offset the increase in County Solid Waste Tipping Fees at Edom
Hills Landfill for$40,000.
No report was given.
Resolution 21007 as recommended was presented; after which, it was moved by
Foat, seconded by Mills and unanimously carried, that R21007 be adopted.
Council Minutes
07-07-04, Page 8
22. WYNDHAM LAND LEASE ASSIGNMENT
Recommendation: That the Council approve an assumption and assignment of
lease All IC with AP/APH Palm Springs to Capital Lodging Palm Springs for
land lease property located at the Wyndham Hotel.
Director of Finance & Treasurer reviewed the staff report.
Minute Order 7515 as recommended was presented; after which, it was moved
by Foat, seconded by Pougnet and unanimously carried, that MO7515 be
adopted.
ADDITIONAL LEGISLATIVE ITEMS:
23A. BUILDING INSPECTION CONSULTANT SERVICES
Recommendation: That the Council approve Amendment 1 to A4886 with
Berryman & Henigar, for six-month extension of temporary building inspection
services, for an estimated cost of$80,000.
No report was given.
Minute Order 7516 as recommended was presented; after which, it was moved
by Mills, seconded by Pougnet and unanimously carried, that MO7516 be
adopted.
23B. USER FEE STUDY AND OVERHEAD COST ALLOCATION SERVICES
Recommendation: That the Council approve agreement with MuniFinancial, to
prepare a User Fee Study and Overhead Cost Allocation Plan for the City's non-
development departments, in an amount not to exceed $24,000. A4919.
No report was given.
Resolution 20998 and Minute Order 7517 as recommended were presented;
after which, it was moved by Mills, seconded by Pougnet and unanimously
carried, that R20998 and MO7517 be adopted.
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
Councilmember Foat requested a report on the timeline for Early Voting for the July 21,
' 2004 agenda.
Councilmember McCulloch requested the policies on Median Islands and the
Undergrounding of Utilities.
Mayor Oden requested a final accounting cost for the July 4'h event.
Council Minutes
07-07-04, Page 9
24. Received & Filed: Time Warner Cable letter agreement '
25. Villagefest appointments/interviews — Direction to the City Clerk concerning the
appointments and/or interviews to the Villagefest Board for three openings 2 —
retail and 1 —jeweler, Terms ending 6-30-07. — Item to be continued to 7-21-04.
26. Planning Commission appointments — (2) Terms 6-30-07 — Item to be continued
to 7-21-04.
27. Received & Filed: (14) Public Nuisance Abatements Reports.
PUBLIC reports or requests
STAFF reports or requests
ADJOURNMENT:
There being no further busine ,,—Ma declared the meeting adjourned.
� lU,
PATRICIA A. SANDERS
City Clerk