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Home My WebLink About2004 - MINUTES - 9/8/2004 CITY OF PALM SPRINGS CITY COUNCIL MINUTES SEPTEMBER 8, 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, September 8, 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. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on September 3, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PRESENTATIONS: None. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Jane Smith, no address given, stated that Item 4 was improperly noticed and discussion should be continued until the citizens are given proper notice. Michael Kassinger, Palm Springs, stated that a "no-growth" was implemented in or around 1982; that the City stopped; that all building proceeded due east; that using the Desert Fashion Plaza as an example, the building was built and sold at $12.2 million; as the "no-growth" was implemented the Plaza lost stores and began a period of resale, in 2002 the Plaza sold for $8.4 million, the full cost was never attained; that a building moratorium or approval of the Hillside Initiative will set the City back 20 years. Zeva Hillinger, Palm Springs, stated that when the property in Angel Canyon was purchased, the zoning allowed 6 units per acre; that now it is being said that the property may be down zoned to 1 unit to every 2 to 5 acres; that the reason is due to an initiative petition being circulated against hillside building; that the people signing the petition were ill-informed; that the City should make it clear that all building on the mountains is already prohibited; that citizens have invested in property and should be allowed to develop that property in the manner in which the zoning allowed when purchased. Dena Stewart, Palm Springs, stated that the General Plan Steering Committee Meeting was attended and that during the presentation the Director of Strategic Planning made references that were not necessarily true; and that there are some that do not understand that open space is a good use of open space. Frank Gaydos, Mountain Preservation Conservancy Member, read a prepared statement, copy on file in Office of the City Clerk, regarding the justification of a building moratorium. Council Minutes 09-08-04, Page 2 Steven Long, submitted a prepared statement, copy on file in Office of the City Clerk, , that referred to Item 4 and requested density be established at the same densities as in the current General Plan. Jay Jay, Chino Canyon Neighborhood, stated that the Planning Department should present all development applications to the neighborhood representatives before the application enters the planning process; that the current process of Planning reviewing the application first is ineffective and does not allow for, public input until the project is ready for Council review. John Stiles, Palm Springs, requested that both sides of the Utility User Tax be included in the educational brochure that will be mailed to the citizens and added the temporary increase does not put more police or fire on the streets, but only maintains benefits and pay of current employees. Les Starks, read a prepared statement, copy on file in Office of the City Clerk, related to windmill over development along 1-10 and Highway 111. Peter Moruzzi, Palm Springs, requested denial of Item 4 until public hearings are held with the citizens for input. David Wall, Palm Springs, requested a building moratorium be set in place while Specific Plans are being developed for the Chino Cone area. John Pavolak, Century Homes, offered an open apology for the misunderstanding regarding the taking of soil samples and added that Century Homes would never intentionally do anything illegal. Sheryl Hamlin, Tennis Club area, stated that Item 4 needs to be reviewed and studied before any action is taken. Frank Tysen, Palm Springs, stated that government is being seen as an enemy of the people; that the City needs to get some equilibrium back; that power sharing with the neighborhoods is encouraged and that earlier involvement of the neighborhoods would help alleviate problems. CONSENT AGENDA: None PUBLIC HEARINGS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None ' LEGISLATIVE ACTION: 1. FINAL MAP 30050 Recommendation: That the Council approve Final Map 30050, prepared by Mainiero, Smith and Associates, Inc representing IRP El Portal Associates to subdivide property located at the northeast corner of Acanto Drive and South Palm Canyon Drive, Section 35, T4S, R4E. A4955. Director of Public Works/City Engineer reviewed the staff report. Resolution 21088 as recommended was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that R21088 be adopted. 2. MUNIFINANCIAL— COMMUNITYFACILITIESDISTRICTANALYSIS Recommendation: That the Council approve agreement with MuniFinancial for analysis of fiscal impacts of formation of Community Facilities Districts for Public Safety Services, CFD formation and administration costs for$25,500. A4956. Assistant City Manager reviewed the staff report provided at the Meeting, copy on file in Office of the City Clerk, and in response to Council questions stated that ' the districts would only apply to new development, that typically infill projects are not included; that basically the residences needed to form a district should be at least 25; that this process could be applied to residential or commercial; that the official title of the districts is Mello Roos Community Facilities District; that the request to form the Districts will be asked of development recently approved; that the model that the City is purchasing will have a long shelf life and new numbers would have to be inputted for new projects; that Palm Springs Village and the Classic Projects have also been requested to apply; and that the reason of formation will help to cover costs related to police and fire. Minute Order 7547 approving the contract and Resolution 21089 amending the budget for $25,500 as recommended were presented; after which, it was moved by Mills, seconded by Pougnet and carried by the following vote, that MO7547 and R21089 be adopted. AYES: Members Foat, Mills, Pougnet and Mayor Oden NO: Member McCulloch. 3. ADLER COMMUNICATIONS— MEASURE V EDUCATIONAL CAMPAIGN Recommendation: That the Council approve agreement with Adler Communications for a public educational campaign regarding Measure V on the November 2, 2004 Special Municipal Election for$45,240, total contract$57,240. ' A4957. Assistant City Manager reviewed a handout provided at the meeting, copy on file in Office of the City Clerk. Council Minutes 09-08-04, Page 4 Minute Order 7548 approving the contract and Resolution amending the budget ' for$45,240 as recommended were presented; after which, it was moved by Mills, seconded by McCulloch and carried by the following vote that M07548 and R21090 be adopted. AYES: Members McCulloch, Mills and Mayor Oden NO: Members Foat and Pougnet. 4. URGENCY ZONING REGULATIONS— CHINO CONE, HIGHWAY 111 CORRIDOR, AND SNOW CREEK AREAS Recommendation: That the Council consider adoption of Urgency Zoning Regulations for the areas known as Chino Cone, Highway 111, Corridor, and Snow Creek. City Attorney reviewed a handout provided at the meeting, copy on file in Office of the City Clerk. Director of Strategic Planning reviewed in detail site plans and designation categories. Motion to direct General Plan Steering Committee and the Planning Commission to review with recommendation to come to Council was presented; after which, it was moved by McCulloch and died due to a lack of second. Consensus of Council to consider Urgency Zoning Ordinance at October 20, 2004 Regular Meeting. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests Councilmember Foat distributed copies of a New York Times Article to the City Clerk and Finance Department Councilmember McCulloch requested a Study Session to discuss Mello-Roos (Community Facilities Districts); a report to clarify fluctuations in TOT; and requested the City Attorney and City Clerk to clarify Brown Act Violations regarding discussion of issues. 5. Resolution 21086 opposing Proposition 68 — received &filed PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: ' There being no further business, yor ded i id th - eeting adjourned. 'I CA. SANDERS City Clerk