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Home My WebLink About2004 - MINUTES - 10/6/2004CITY OF PALM SPRINGS CITY COUNCIL MINUTES ' October 6, 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, 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 McCulloch, Mills, Pougnet and Mayor Oden Absent: Councilmember Foat The meeting was opened with the Salute to the Flag by Boy Scout Troop 262 and an invocation by Dr. Sharron Stroud, Innerfaith Ministries Worldwide. REPORT OF POSTING OF AGENDA: Chief Deputy City Clerk reported that the agenda was posted in accordance with Council procedures on October 1, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 7 of agenda this date. PRESENTATIONS: Limo's 4 U — Howard Packer ' German -American Day — Dr. Von Blucher HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business Convene as the City Council and the Community Redevelopment Agency COMMUNITY REDEVELOPMENT AGENCY/CITY COUNCIL JOINT PUBLIC HEARING: A. CENTURY VINTAGE HOMES DISPOSITION AND DEVELOPMENT AGREEMENT — DESERT HIGHLAND GATEWAY INFILL PROGRAM Recommendation: That the Agency and Council approve a Disposition and Development Agreement with Century Vintage Homes for the construction of five single family homes in the Desert Highland area for moderate -income families on Agency owned lots APN 669-353-001; 669-394-004; 669-394-005; 669-394-006 and 669-413-019; and authorize the Executive Director to execute necessary documents thereto. A-----. Director of Community & Economic Development reviewed the staff report. Mayor declared the Hearing open; there being no appearances, the Hearing was continued to 11-03-04. ' Motion to continue the Public Hearing to November 3, 2004 was presented; after which, it was moved by Pougnet, seconded by Mills, and unanimously carried the motion to continue the public hearing to 11-03-04 was adopted. Foat absent. Council Minutes 10-06-04, Page 2 COMMUNITY DEVELOPMENT AGENCY: Mayor declared the meeting adjourned for I the purpose of convening as the City Council. PUBLIC COMMENTS: Seima Moloi, Palm Springs, spoke in support of Item 4. Sergio Santo, Palm Springs, spoke regarding taxi cab regulations. Jim Stuart, Palm Springs, spoke of a proposed homeless shelter that was in the news recently. Mark Beuhler, Coachella Valley Water District, spoke of the upcoming Water Symposium and invited the Mayor and Council to attend. Frank Gaydos, Palm Springs, read a letter regarding the Hillside Initiative (Item 16). The following persons spoke in opposition of the Hillside Initiative (Item 16) Ziva Hillinger, Palm Springs Stephen Long, Palm Springs Ernest Vincent, Palm Springs The following persons spoke in support of the Hillside initiative (Item 16). , Charles Sachs, Palm Springs Vic Gainer, Palm Springs Mallika Albert, Palm Springs Joan Taylor, Palm Springs Joan Martin, no address provided Paula Auburn, Palm Springs, spoke in support of both the referendum and Hillside initiative (Item 16). The following persons spoke in support of Item 4: Willie Holland, Palm Springs Monica Turner, Palm Springs Frank Ware, Palm Springs Rashea Crawford, Palm Springs John Cavey, Palm Springs, spoke in support of Measure U and opposition of both the referendum and Hillside initiative (Item 16). Frank Tyson, Palm Springs, spoke of the Desert Plaza. APPROVAL OF CONSENT AGENDA: It was moved by Mills, seconded by Pougnet and unanimously carried, that Items 1 thru 10, except 4 and 8, be adopted. Foat absent. I Review by City Manager of Consent Items to be clarified. Approval of Minutes September 1 and 8, 2004. Council Minutes 10-06-04, Page 3 ' 2. MO 7559 approving the Disadvantaged Business Enterprise Program for Federal Highway Administration (FHWA) funded projects for Federal fiscal year 2004-05. 3. MO 7560 approving Amendment 10 to A4382 with Gensler & Associates for architectural services related to the modification of the passenger screening checkpoint and holdrooms at the Palm Springs International Airport for $832,361 total contract $1,706,473.40. 4. MO ----- approving or MO ----- denying an agreement with Interactive Design Corporation for the James O. Jessie Desert Highland Unity Center Expansion in the amount of $77,900. CP04-05. A-----. Withdrawn by City Manager. 5. Res 21103 amending fiscal year 2004-05 budget to appropriate $29,393 from the Asset Forfeiture Fund to the local asset seizure expenditure account. 6. MO 7561 consenting to sublease agreement A4821 between Signature Flight Support Corporation and PSP Hangars I LLC and authorize the execution of a non -disturbance agreement with PSP Hangers I LLC. A4973. 7. MO 7562 approving reimbursement agreement modification 4 with the TSA A4736 which extends the term from October 1, 2004 to September 30, 2005. ' 8. See Extended Consent Agenda, 9. Res 21104 approving Final Map 30745 — WALMART with Subdivision Agreement and Abandonment Agreement prepared by Development Resources Consultants Inc representing American Realty Trust to subdivide property located at the Skypoint Center, Section 20, T4S, RSE. A4974; A4975. 10. Res 21105 and 21106 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant # Payee Particular Nature of Conflict McCulloch 1000092 Desert Fire Ext. Business Related EXTENDED CONSENT AGENDA: 8. SUNRISE VILLAGE MOBILE HOME PARK REVENUE BONDS Recommendation: That the Council approve the issuance of multifamily mortgage Revenue Bonds for the Sunrise Village Mobile Home Park in the principal amount of $3,800,000. Director of Community and Economic Development reviewed the staff report. ' Resolution 21107 as recommended was presented; after which, it was moved by Pougnet, seconded by Mills and unanimously carried, that R21107 be adopted. Foat absent. 10-06-04, Page 4 PUBLIC HEARINGS: ' 11. APPEAL — CASE 10.450 — DESERT CITIES COMMUNITY CHURCH OF RELIGIOUS SCIENCE Recommendation: That the Council uphold, override or modify the Planning Commission decision that a church is not similar to a bookstore or office in the CBD zone. Director of Planning Services reviewed the staff report. Mayor declared the Hearing open; there being no appearances, the Hearing was closed. Motion to direct staff to prepare a resolution to uphold Planning Commission decision, and to direct staff to initiate zoning amendment was presented; after which, it was moved by Mills, seconded by Oden, and unanimously carried staff was directed to prepare a resolution upholding the Planning Commission's decision and initiate zoning amendment was adopted. Foat absent. 12. TPM 32639 — SANBORN A/E — 215 VIA LOLA Councilmember Pougnet declared Conflict of Interest due to business client relationship and exited the Chamber. , Recommendation: That the Council approve Tentative Parcel Map 32639 for the subdivision of 1.2 acres into two lots for property located at 215 Via Lola, Zone R-1-A, Section 10. Applicant: Sanborn A/E. Notices Mailed 136. Director of Planning Services reviewed the staff report. Mayor declared the Hearing open; there being no appearances, the Hearing was closed. Resolution 21108 as revised to clarify covenant definitions was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that R21108 be adopted. Foat and Pougnet absent. Councilmember Pougnet returned to the Chamber. 13. ASSESSMENT DISTRICT 162 Councilmember Pougnet declared Conflict of Interest due to business client relationship and exited the Chamber. Recommendation: That the Council approve the formation of a 1913 Act Assessment District using 1915 Act Bonds for certain eligible public , improvements for two separate development projects, "The Villas" Tract 29077 located on the south side of Tahquitz Canyon Way west of Cahuilla Road; and "48 @ Baristo" Tract 30941 located on the Baristo Road west of Sunrise Way. A4976. Council Minutes 10-06-04, Page 5 Director of Public Works/City Engineer reviewed the staff report. Mayor declared the Hearing open; there being no appearances, the Hearing was closed. The Chief Deputy City Clerk opened the sealed ballot, and cited the results. The following five resolutions were presented as recommened: 1. Water Facilities Agreement 2. Ballot Results 3. Final Engineer's Report 4. Ratifying All Actions 5. Issuance and Sale of Bonds after which it was moved by Mills, seconded by McCulloch and failed per Council Rules and Procedures Section 7.2 and Gov. Code 36936: AYES: Members Mills and McCulloch NO: Mayor Oden ABSENT: Foat and Pougnet I Councilmember Pougnet returned to 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: 14. ASSESSMENT DISTRICT 164 Recommendation: That the Council approve formation of a 1913 Act Assessment District using 1915 Act Bonds for certain eligible public improvements 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. Director of Public Works/City Engineer reviewed the staff report. Resolutions 21109, 21110, 21111, and 21112 was presented as recommended, after which, it was moved by Pougnet, seconded by Mills and unanimously carried, that R21108 be adopted. Foat absent. ' 15. MUNICIPAL CODE AMENDMENT — TAXICABS (INTRO 9-15-04) SECOND READING & ADOPTION a) If desired, Ord 1662 re taxicabs for adoption. Council Minutes 10-06-04, Page 6 Motion to waiver the reading of Ordinance 1662 and ready by title only, and that ' Ordinance 1662 be adopted was presented, after which, it was moved by Mills, seconded by Pougnet and unanimously carried, that further reading be waived and Ord 1662 be adopted. Foat absent. Chief Deputy City Clerk read Title of Ordinance 1662 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 16. CERTIFICATION OF MOUNTAIN REGION (HILLSIDE) INITIATIVE CERTIFICATION OF REFERENDUM AGAINST 2',0994 (PALM HILLS) Recommendation: That the Council consider action on the Initiative Petition filed concerning amending the General Plan to include a Mountain Region Designation and a Referendum Petition concerning amending the General Plan regarding Palm Hills. The City Clerk reviewed the staff report. Motion to direct staff to prepare a resolution Calling for Election re the referendum for Palm Hills was presented; after which, it was moved by McCulloch, seconded by Pougnet and carried unanimously the motion was adopted. Foat absent. Motion to direct staff to prepare a report on fiscal impact, General Plan consistency analysis of Hillside Initiative, and complete comprehensive legal analysis including all potential litigation and report back to Council in 30 days was presented; after which, it was moved by Mills, seconded by Oden and carried unanimously the motion was adopted. Foat absent. 17. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirement; materials provided at meeting). It was moved by Mills, seconded by McCulloch and unanimously carried, that Items 17A through 17D, be adopted. Foat absent. 17A. MO 7567 approving Settlement Agreement with Gary Nunn related to certain real property known as the batting cages at DeMuth Park. A4977. 17B. MO 7564 approving stipulation and agreement with the Cities of Moreno Valley, Palm Desert, Simi Valley, La Quinta and the Public Entity Risk Management Authority (PERMA). A4978. 17C. MO 7565 approving termination of an Encroachment License A3547 with ' Bernard E. and Betty J. Miller for certain real property located 1080 Marshall Way. APN 507-141-012. Council Minutes 10-06-04, Page 7 17D. MO 7566 opposing the California Performance Review Report recommending the Coachella Valley Mountains Conservancy (CVMC) be dissolved as a state entity and become a regional joint powers authority. 17E. 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. Director of Downtown Development Center reviewed the staff report. Minute Order 7563 as recommended was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that MO7563 be adopted. Foat absent. ADDED STARTERS: None REPORTS & REQUESTS: None CITY COUNCIL reports or requests Councilmember McCulloch: Requested report on homeless shelter and JenQuest update on insurance tracking. Councilmember Mills: Regarding City Manager authorized agreements under $25,000 on agenda would like clarification on costs and whether contracts are being broken up. 18. Appointment of College of the Desert Subcommittee (2) Mayor Oden & Councilmember Pougnet 19. Strategic Planning Session scheduled for October 27, 2004, time and place to be determined. PUBLIC reports or requests: None STAFF reports or requests: None ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned at 10:20 p.m., October 6, 2004. KATHIE HART 1--`CReff'Deputy City-C/her4. PATRICIA A. SA DERS City Clerk