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Home My WebLink About2004 - MINUTES - 7/28/2004 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 28, 2004 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Pro Tern Mills, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, July 28, 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 and Pougnet Absent: Mayor Oden The meeting was opened with the Salute to the Flag, and a Moment of Silence. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on July 23, 2004. PRESENTATIONS: Swear-in Police Officer Trace Blake League of California Cities Update — Dave Willmon. 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: Man, no address given, stated that Tribal gaming impacts are large in the City; that the workers in the Casinos are being exploited, abused and discriminated against and that the City should be aware of these issues. Jodi Smith, Palm Springs, stated that the Casino workers need City intervention regarding the health benefits for employees. Dr. Wayne McKinny, Palm Springs, stated that the Well in the Desert lease contract needs to be amended to allow summer "cooling" hours for the poor and homeless and requested consideration of the allowance of longer weekday hours and the ability to be open on the weekend. Dick Ramella, Costa Mesa, stated availability during discussion of item 6. The following persons spoke in favor of Item 10: Sergio Santo, Coachella Valley Taxi Owner Association Robin Burns, Coachella Valley Taxi Owner Association ' APPROVAL OF CONSENT AGENDA: It was moved by Foat, seconded by Pougnet and unanimously carried, Oden absent, that Items 1 thru 5, excluding 6, be adopted. Item #4 Mills abstain, business relations. Council Minutes 07-28-04, Page 2 Review by City Manager of Consent Items to be clarified. r 1. MO 7532 approving agreement with Mrs. America for event sponsorship for the 2004 Mrs. America Pageant to be held in Palm Springs on September 7, 2004, term ending October 7, 2004 for$25,000. A4929. Oden absent 2. MO 7533 approving agreement with Parades of Palm Springs for event coordination of the 2004 Festival of Lights Parade and 2005 Black History Parade for a term ending June 30, 2005 for $30,000; and Res 21065 amending the 2004-05 fiscal year budget for$10,000. A4930. Oden absent 3. MO 7534 approving settlement agreement of all claims related to Destination Ramon (Wal-Mart). A4931. Oden absent 4. MO 7535 approving agreement with Palm Springs Unified School District to provide a full time Police Officer to administer the School Community Policing Partnership Grant for at-risk students and families for a term ending June 30, 2004. A4932. Mills abstain, business related. Oden absent 5. MO 7536 approving settlement agreement with Daniel A. Wilson concerning a June 4, 2001 injury. A4933. Oden absent 6. See Extended Consent Agenda. ' EXTENDED CONSENT AGENDA: 6. GENERAL PLAN UPDATE CONSULTANT— PLANNING CENTER Recommendation; That the Council authorize staff to enter into negotiations with the Planning Center for consultant services regarding the General Plan Update. City Manager reviewed the staff report and added that the RFD's would be provided to Council. Minute Order 7537 as recommended was presented; after which, it was moved by Foat, seconded by McCulloch and unanimously carried, Oden absent, that MO 7537 be adopted. PUBLIC HEARINGS: 7. CASE 5.1006 — PD 298—TTM 32363 — ROYAL DESERT PALMS Recommendation: That the Council approve Planned Development District 298 and Tentative Tract Map 32363 for subdivision of approximately 2.03 acres into six lots and Planned Development District for the construction of six single family residences located at 310 and 320 West Vista Chino Road. APN 504-300-016 , and 504-300-017. Applicant: Desert Royal Palms. Notices Mailed: 99. Director of Planning Services reviewed staff report and visual site plans on display in the Chamber. Council Minutes 07-28-04, Page 3 ' Mayor Pro Tem declared the Hearing open. Denise Anderson, no address given, stated that as a neighbor to the project this developer has worked with the neighborhood and approval is encouraged. There being no further appearances, Mayor Pro Tern declared the Hearing closed. Resolution 21066 as recommended was presented; after which, it was moved by Foat, seconded by Pougnet and unanimously carried, Oden absent, that R21066 be adopted. 8. CASE 5.1003— CUP—450 SOUTH SUNRISE WAY Recommendation: That the Council approve a Conditional Use Permit to construct a ninety foot commercial communications tower designed as a stadium pole located at 450 South Sunrise Way. Applicant: Velocitel. Notices Mailed: 243. Director of Planning Services reviewed staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open. Curtis Halmaghi, Palm Springs, submitted a signed petition of neighbors against the location of the tower, copy on file in Office of the City Clerk. Motion to continue the Hearing to September 15, 2004 was presented; after which, it was moved McCulloch, seconded by Pougnet and unanimously carried, Oden absent, that the Item be continued. 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: 9. MUNICIPAL CODE AMENDMENT SECOND READING &ADOPTION 9-1-1 ORDINANCE City Clerk read Title of Ordinance 1659 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA ADDING SECTION 3.39 TO CHAPTER 3 OF THE PALM SPRINGS MUNICIPAL CODE PERTAINING TO THE EMERGENCY COMMUNICATION SYSTEM RESPONSE FEE Council Minutes 07-28-04, Page 4 after which, it was moved by Pougnet, seconded by McCulloch and unanimously ' carried, Oden absent, that further reading be waived and Ordinance 1659 be adopted. 10. MUNICIPAL CODE AMENDMENT SECOND READING & ADOPTION ZONING ORDINANCE AMENDMENT SECOND READING & ADOPTION TAXI SIGNAGE City Clerk read Titles of Ordinance 1660 and Ordinance 1661 as follows: ORDINANCE 1660 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING HE ZONING CODE IN REGARD TO SECTION 93.20.10 SO AS TO ALLOW ADVERTISING MATERIAL ON TAXICABS and ORDINANCE 1661 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE MUNICIPAL CODE IN REGARD TO CHAPTER 5.40 SO AS TO ALLOW ADVERTISING MATERIAL ON TAXICABS after which; it was moved by Pougnet, seconded by Foat and unanimously carried, Oden absent, that further reading be waived; and it was further moved by Pougnet, seconded by Foat and carried by the following vote, that Ordinance 1660 and Ordinance 1661 be adopted. AYES: Members Foat, McCulloch and Pougnet NO: Member Mills ABSENT: Mayor Oden 11. 2004 SPECIAL MUNICIPAL ELECTION — BALLOT ARGUMENT On July 21, 2004 continued this item for designation of authors for the Council initiated Ballot Measure V— Utility User Tax. City Attorney reviewed the staff report. Resolution 21067 as recommended was presented; after which, it was moved by Pougnet, seconded by McCulloch and unanimously carried, Oden absent, that R21067 be adopted. 12. ASSESSMENT DISTRICT 164 — MOUNTAIN GATE II On July 21, 2004 City Manager requested this item be continued to July 28, 2004 , for Council approval of the application for further processing of formation of Assessment District 164, submitted by Century Crowell Communities; and authorize staff to enter into agreements for an assessment engineer's report, appraisal and market absorption study; and collect necessary deposits from the applicant to fund consultant contract. Council Minutes 07-28-04, Page 5 ' Director of Public Works/City Engineer reviewed the staff report. Resolution 21068 as recommended was presented; after which, it was moved by Pougnet, seconded by McCulloch and unanimously carried, Oden absent, that R21068 be adopted. 13. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests 14. CITYWIDE HISTORIC RESOURCES SURVEY— received & filed. City Manager withdrew the item. 15. HISTORIC SITE PRESERVATION BOARD — appointment — 1 — Term ending 6- 30-07: Direction to City Clerk regarding process or appointment. City Manager withdrew the Item until September 15, 20/04. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor PrrooTem declared the meeting (:-; � adjourned. — PATRICIA A. SANDERS City Clerk