HomeMy WebLinkAbout2004 - MINUTES - 9/15/2004 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
SEPTEMBER 15, 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 15, 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 a Moment of Silence.
REPORT OF POSTING OF AGENDA: Chief Deputy City Clerk reported that the agenda
was posted in accordance with Council procedures on September 10, 2004.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 9 of agenda this date.
PRESENTATIONS: Proclamation: Austrian-American Day
Swear-in Police Officer John Mejia
' HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: - No Business
Convene as the City Council and the Community Redevelopment Agency
JOINT PUBLIC HEARING
A. VISTA SUNRISE APARTMENTS DISPOSITION & DEVELOPMENT
AMENDMENT
Recommendation: That the Agency/Council approve an Amended and Restated
Disposition and Development Agreement with Vista Sunrise Apartments and
MBA Development Corporation to restructure the Agency Property Note; adopt a
Deed of Trust; adjust pre-development assistance; amend the Scope of
Development; and amend provisions in the Regulatory Agreement for the
construction of the Desert AIDS Project HIV/AIDS Housing Project located west
of Sunrise Way, south of Vista Chino Road. A464C.
Director of Community & Economic Development reviewed the staff report.
Mayor declared the Hearing open; there being no appearances, the Hearing was
closed.
Resolution 1267 (Agency) and Resolution 21091 (City) were presented; after
which, it was moved by Mills, seconded by Foat and unanimously carried, that
R1267 and R21091 be adopted.
Council Minutes
09-15-04, Page 2
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:
Joy Meridith, Palm Springs, spoke in support of Item 25.
Shelly Saunders, Palm Springs, spoke in support of Public Hearing Item 17.
Scott Meridith, Palm Springs, spoke in support of Item 23.
APPROVAL OF CONSENT AGENDA:
It was moved by Mills, seconded by McCulloch and unanimously carried, that
Items 1 thru 15, excluding 1, 6, 8, 12, 13 and 14, be adopted.
Review by City Manager of Consent Items to be clarified.
1. Approval of Minutes September 1, 2004.
2. Res 21092 amending the 2004-05 fiscal year budget to appropriate funds for the
purchase of a new Pierce fire engine for$164,000. '
3. Res 21093 approving Amendment 3 to R20974 of the 2004-05 Allocated
Positions and Compensation Plan deleting one Assistant Fire Chief and adding
one Emergency Services Coordinator/Administrative Analyst.
4. MO 7549 approving agreement with Citygate Associates for the development of
a fire service deployment plan and performance goals commonly known as
Standards of Response Cover Plan for$41,423. A4962.
5. MO 7550 approving expenditure plan from the Supplemental Law Enforcement
Services Fund Grant from the State of California for computer hardware,
software, installation and maintenance for$100,000.
6. SEE EXTENDED CONSENT AGENDA
7. MO 7551 approving agreement with Jeffrey A. (Fowler for purchase and sale of
public artwork, Chairman of the Links, for$50,000. A4963.
8. SEE EXTENDED CONSENT AGENDA
9. Res 21094 approving agreement with Siham Shtayyeh for exchange of 8,900
square feet of City property located on two lots on El Dorado for 8,000 square
feet of property located on El Dorado with restrictions on further development of
both parcels. A4965.
10. MO 7552 approving Encroachment License with William and Barbara Johnson to
allow the construction of a 36" high retaining walll within the public right-of-way for
property located at 2380 Smokewood Avenue. A4966.
Council Minutes
09-15-04, Page 3
' 11. MO 7553 approving and adopting the plans, specification and working details,
and authorizing advertisement for construction bids for the 2004 Citywide ARHM
Overlay Project, CP04-01.
12. SEE EXTENDED CONSENT AGENDA
13. SEE EXTENDED CONSENT AGENDA
14. SEE EXTENDED CONSENT AGENDA
15. Res 21095 and 21096 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Mills 999156 Animal Medical Hospital Business Related
Mills 999157 Animal Medical Hospital Business Related
Mills 999271 P. S. Unified School Dist. Business Related
EXTENDED CONSENT AGENDA:
6. HISTORIC PROPERTY PRESERVATION AGREEMENT— 1030 EL CIELO
Recommendation: That the Council approve the Historic Property Preservation
Agreement, Mills Act Contract, with John H. Boccardo and Jon Roberts for a
Class 1 Historic Site Property commonly known as Edris House, located at 1030
El Cielo Drive. A4964.
Director of Strategic Planning reviewed the staff report.
Minute Order 7554 as recommended was presented; after which, it was moved
by Pougnet, seconded by Mills and unanimously carried, that MO7554 be
adopted.
8. CITY ENTRYWAY SIGN
Recommendation: That the Council approve the entryway sign conceptual plan
and authorize final construction plans and bid process.
Director of Community & Economic Development reviewed the staff report.
Minute Order 7555 as recommended was presented; after which, it was moved
by Mills, seconded by McCulloch and unanimously carried, that MO7555 be
adopted.
12. HOT 'N' DRY FESTIVAL
Recommendation: That the Council suspend certain regulatory Ordinances to
allow for a brief fireworks show to occur on the Prairie Schooner Parking Lot from
approximately 9:00 p.m. to 9:05 p.m., on Thursday, September 23, 2004.
Director of Parks and Recreation reviewed the staff report.
Council Minutes
09-15-04, Page 4
Resolution 21097 as recommended was presented; after which, it was moved by '
Foat, seconded by Pougnet and unanimously carried, that R21097 be adopted.
13. SMG —TOURISM AGREEMENT
Recommendation: That the Council approve Amendment 6 to A3964 with SMG
to extend the term for 30 days to November 6, 2004 related to tourism.
City Manager reviewed the Amendment.
Minute Order 7556 as recommended was presented; after which, it was moved
by Foat, seconded by Pougnet and unanimously carried, that MO7556 be
adopted.
14. SMG —TOURISM DIRECTOR
Recommendation: That the Council approve the appointment of Mark Bellinger
as Tourism Director.
Minute Order 7557 as recommended was presented; after which, it was moved
by Mills, seconded by McCulloch and unanimously carried, that MO7557 be
adopted.
PUBLIC HEARINGS:
16. CASE 5.1003 —CUP—450 SOUTH SUNRISE WAY
On July 28, 2004 Council continued this item to 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.
City Manager withdrew the item.
17. APPEAL—AMERICAN MEDICAL RESPONSE (AMR) CUP 5.1017
Councilmember Mills declared Conflict of Interest due to business client
relationship and exited the Chamber.
Recommendation: That the Council uphold, overrule, or modify the Planning
Commission decision for approval of Conditional Use Permit for American
Medical Response appeal for the location of facilities at Farrell Drive. Applicant:
American Medical Response. 84 Notices Mailed.
Director of Planning Services reviewed the staff report.
The Mayor declared the Hearing open.
Council Minutes
09-15-04, Page 5
The following persons spoke in opposition of the item.
Bob O'Neill, Palm Springs
Dr. Brad Wolfson, Palm Springs
Mae Britton, Palm Springs
Peggy Bell, Palm Springs
Ray Smythe, Palm Springs
Robyn West, Palm Springs
Shirley Hoffman, Palm Springs
Gordon Blount, Palm Springs
Annmarie Blount, Palm Springs
Richard Witerfall, Palm Springs
Michael Tabor, Palm Springs
Frank Hudgins, Palm Springs
Michelle Martin, Palm Springs
Greg Robertson, Palm Springs
Guy Robinson, Palm Springs
Gayle DeWitt, Palm Springs
Stella Hamilton, Palm Springs
Debra Morris, Palm Springs
Bruce Parradee, Palm Springs
Tom Neely, Palm Springs
' Michael Zafatas, Palm Springs
Jim Stewart, Palm Springs
Rip Dolly, Palm Springs
Bob Diamond, Palm Springs
The following persons spoke in favor of the item.
Rob York, Palm Springs
Ed Marteka, Palm Springs
Rose Mihata, Palm Springs
Tom Suitt, Palm Springs
Stephen Payne, Palm Springs
Keith Lee, Palm Springs
Wayne Ennes, Palm Springs
Patricia Mercado, Palm Springs
Kim Condit, Palm Springs
Alexander Gonzales, Palm Springs
Bill Eyford, Palm Springs
Mike English, Palm Springs
Ardy Farley, Palm Springs
There being no further appearances, the Hearing was closed.
Resolution 21098 upholding the Planning Commission decision was presented;
' after which, it was moved by Foat, seconded by Pougnet and carried by the
following vote, that R21098 be adopted.
AYES: Members Foat, Pougnet and Mayor Oden
NO: Member McCulloch
ABSENT: Member Mills.
Council Minutes
09-15-04, Page 6
Councilmember Mills reentered the Chamber.
18. CABRILLO ROAD RIGHT-OF-WAY VACATION
Recommendation: That the Council vacate a portion of the right-of-way
dedicated for the public street named Cabrillo Road, Section 4, T4S, R4E. File
R03-055. (No Notice mailed, Street posted).
Director of Public Works/City Engineer reviewed the staff report.
Mayor declared the Hearing open; there being no appearances, the Hearing was
closed.
Resolution 21099 as recommended was presented; after which, it was moved by
Mills, seconded by Pougnet and unanimously carried that R21099 be adopted.
19. GARNET ROAD AND TWIN STAR ROAD RIGHT-OF-WAY VACATION
Recommendation: That the Council vacate a portion of right-of-way dedicated
for the public streets named Garnet Road and Twin Star Road, Section 35, T3S,
R4E. File R-03-049. (No Notice mailed, Streets posted).
Director of Public Works/City Engineer reviewed the staff report. '
Mayor declared the Hearing open; there being no appearances, the Hearing was
closed.
Resolution 21100 as recommended was presented; after which, it was moved by
Mills, seconded by Pougnet and unanimously carried that R21100 be adopted.
20. CASE 5.1014 —PD 301 —TTM 32160 — BAYSHORE DEVELOPMENT
Recommendation: That the Council approve Planned Development District 301,
Tentative Tract Map 32160 for a 52 lot subdivision and the construction of 52
single family residences (Enclave at Sunrise) located at the northwest corner of
Sunrise Way and Racquet Club Road, N-0-5 zone, Indian Land, Section 2.
Applicant: Bayshore Development Company. 596 Notices Mailed.
Director of Planning Services reviewed the staff report.
The Mayor declared the Hearing open.
The following persons spoke in favor of the item:
Margo Thibeault, representing the developer
Thomas Noya, Developer ,
There being no further appearances, the Hearing was closed.
Resolution 21101 as revised, amending Conditions of Approval, as follows was
presented:
Council Minutes
09-15-04, Page 7
Add Pursuant to Park Fee Ordinance No. 1632, and in accordance with
Government Code Section 66477 (Quimby Act), all residential development
shall be required to contribute to mitigate park and recreation impacts such
that, prior to issuance of residential building permits, a parkland fee or
dedication shall be made. Accordingly, all residential development shall be
subject to parkland dedication requirements and/or park improvement fees.
The parkland mitigation amount shall be based upon the cost to acquire
and fully improve parkland.
Add The developer may request to enter into a reimbursement agreement with
the City that provides for reimbursement to the developer from owners of
vacant properties along the east side of Sunrise Way between Francis
Drive and Racquet Club Road who apply to the City for building or other
various development permits. Reimbursement shall be determined as the
proportionate share of the cost of constructing the landscaped median on
a per lot basis, and reimbursement shall be passed from the City to the
developer. The developer shall deposit $2,000.00 with the Engineering
Division for costs associated with preparation of the reimbursement
agreement by the City Attorney, and shall be liable for all costs in the
preparation thereof.
' Add Four (4) exterior corners should be opened-up; walls need to be pulled
back, especially at Sunrise Way and Racquet Club Drive. Break-in wall
along west side of property; and provide a landscape feature as a focal
point at the end of the street. Need four (4) small locations with additional
movement of wall, with focal points on Paseo DeAnza. The design is
subject to the final approval of the Director of Planning Services.
Delete Details of pool fencing (material and color) and equipment area shall be
submitted with final landscape plan.
Delete Prior to the issuance of building permits, locations of all telephone and
electrical boxes must be indicated on the building plans and must be
completely screened and located in the interior of the building. Electrical
transformers must be located toward the interior of the project maintaining
a sufficient distance from the frontage(s) of the project. Said
transformer(s) must be adequately and decoratively screened.
Delete Handicapped accessibility shall be indicated on the site plan to include
the location of handicapped parking spaces, the main entrance to the
proposed structure and the path of travel to the main entrance.
Consideration shall be given to potential difficulties with the handicapped
accessibility to the building due to the future grading plans for the
property.
after which, it was moved by Pougnet, seconded by Mills and unanimously
carried that R21101 be adopted.
Council Minutes
09-15-04, Page 8
21. BIENNIAL CONFLICT OF INTEREST ADOPTION '
Recommendation: That the Council receive for filing biennial reports required by
the Government Code concerning status of department, board and commission
Conflict of Interest Codes; and approve the amended codes for specified
Departments and Architectural Advisory Committee.
Chief Deputy City Clerk reviewed the staff report.
Mayor declared the Hearing open; there being no appearances, the Hearing was
closed.
Minute Order 7558 as recommended was presented; after which, it was moved
by Pougnet, seconded by Foat and unanimously carried, that MO7558 be
adopted.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGE=NCY 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:
22. MUNICIPAL CODE AMENDMENT—TAXICAB SIGNAGE ,
INTRODUCTION & FIRST READING
Recommendation: That the Council amend the: Palm Springs Municipal Code
Chapter 5.40, Section 5.40.321 regarding the color of emergency display lights
on taxicabs.
Director of Strategic Planning reviewed staff report.
Chief Deputy City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE MUNICIPAL CODE IN REGARD TO CHAPTER
5.40.321 SO AS TO CHANGE THE COLOR; OF EMERGENCY DISPLAY
LIGHTS FROM RED TO GREEN OR OTHER APPROVED COLOR
after which; it was moved by Mills, seconded by Pougnet and unanimously
carried, that further reading be waived and the Ordinance be introduced for first
reading.
23. MUNICIPAL CODE AMENDMENT—VILLAGEFE:ST BOARD
INTRODUCTION AND FIRST READING
Recommendation: That the Council amend the Palm Springs Municipal Code, ,
Section 2.00.010 and 2.22.020 related to the membership of the Villagefest
Board.
City Attorney reviewed staff report.
Council Minutes
09-15-04, Page 9
Motion to direct the City Attorney to prepare an ordinance expanding the board
making the Villagefest Board a seven (7) member board was presented; after
which, it was moved by Foat, seconded by Pougnet and failed by the following
vote, the motion was not adopted.
AYES: Members Foat, Pougnet
NO: Members McCulloch, Mills and Mayor Oden
Motion to direct the City Attorney to prepare an ordinance adding an alternate to
the Villagefest Board was presented; after which, it was moved by Pougnet,
seconded by Mills and carried by the following vote, the Motion be adopted.
AYES: Members Foat, Mills, Pougnet and Mayor Oden
NO: Member McCulloch
24. ASSESSMENT DISTRICT 164 — MOUNTAIN GATE II
Recommendation: That the Council approve the formation of a 1913 Act
Assessment District using 1915 Act Bonds for certain eligible public improvement
for the development project known as Mountain Gate II consisting of Tract 32028
and 32028-1, located on the northeast side of State Highway 111, north of
' Gateway Drive and four lots within the Desert Highland Estates located north of
Las Vegas Road between Granada Avenue and El Dorado and one lot in
Gateway Estates located at the northeast corner of Las Vegas Road and Jiminez
Circle.
City Manager withdrew the item.
25. DOWNTOWN SPECIAL EVENT STREET CLOSURE POLICY
Recommendation: That the Council approve and adopt the MainStreet Proposed
Standards for Special Event Street Closures regarding multiple day closures of
Palm Canyon Drive and other Central Business District Streets.
It was the consensus of the Mayor and Council to continue this item to 10-06-04.
26. AB 2702 (STEINBURG) SECOND UNIT HOUSING BILL OPPOSITION
Recommendation: That the Council direct staff to prepare a letter opposing
Assembly Bill 2702 (Steinburg) a second unit housing bill that will deny cities and
affected communities the ability to regulate the impacts of second housing units.
Comments by City Manager.
Motion to direct the Mayor to prepare a letter in opposition was presented; after
which, it was moved by McCulloch, seconded by Mills and unanimously carried,
that the opposing letter be prepared.
ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirement; materials
provided at meeting).
Council Minutes
09-15-04, Page 10
27. WALK OF STARS LICENSE AGREEMENT
Recommendation: That the Council approve a license agreement with the Palm
Springs Walk of Stars for the installation and maintenance of stars in the
downtown area for a term of one year. A----.
City Manager withdrew the item.
ADDED STARTERS: None
REPORTS & REQUESTS:
Councilmember Foat requested a report on all action taken relating to the Welwood
Library contract.
Councilmember Pougnet requested a report on the Hot Spot Program.
CITY COUNCIL reports or requests
28. Historic Site Preservation Board (1) appointment continued to September 22,
2004.
29. Planning Commission (2) appointments continued to September 22, 2004. '
30. Treasurer's Investment Report as of July 31, 2004—received &filed.
31. Citywide Historic Resources Survey— City Manager withdrew the item.
PUBLIC reports or requests - None
STAFF reports or requests
The City Manager reported on his attendance at the Desert Chapel football game with
the Code Enforcement Officer and stated the event was in compliance.
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned at
12:38 a.m., September 16, 2004.
KATHIE HART
�C—hie. Deputy Ci y CIf 1k
i / � 1(C/�',
�,BATRICIA A`.SANDERS
City Clerk