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Home My WebLink About2004 - MINUTES - 11/17/2004 CITY OF PALM SPRINGS CITY COUNCIL MINUTES November 17, 2004 ' A 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, November 17, 2004, at 5:00 p.m. 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, Pougnet and Mayor Pro-tem Mills Absent: Mayor Oden The meeting was opened with the Salute to the flag, and an invocation by Reverend Kathryne Middle, United Methodist Church. REPORT OF POSTING OF AGENDA: The Acting City Clerk reported the agenda was posted in accordance with established policies and procedures on Friday, November 12, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 7 of agenda this date. ' PRESENTATIONS: None. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business COMMUNITY REDEVELOPMENT AGENCY Convened as the Community Redevelopment Agency, and after adjournment reconvened as the City Council. CITY COUNCIL PUBLIC COMMENTS: Nunzio Grieco, spoke stating his English is "not very good" and submitted a letter written in Italian, stating the invention of his machine would benefit our military while preserving our atmosphere through the use: of alternative energy methods. He also stated he would like his home to be designated a museum and should not be used as a resident upon his passing. APPROVAL OF CONSENT AGENDA: Items 1 thru 15. CONSENT AGENDA: , On motion by Councilmember Pougnet, seconded by Councilmember McCulloch, and carried by a majority vote (4-0-1, Oden absent) the Consent Agenda, Council Minutes November 17, 2004 excluding Item No. 1, 5, 10 and 11 which were moved to the Extended Consent Agenda for discussion, was approved as presented. 1. See Extended Consent Agenda 2. Res 21136 approving a Memorandum of Understanding with the Palm Springs Police Management Association for the period July 1, 2004, thru June 30, 2005, subject to City Attorney's review and approval. A4995 3. Res 21137 approving a Memorandum of Understanding with the Palm Springs Police Officers Association for the period July 1, 2004, thru June 30, 2005, subject to City Attorney's review and approval. A4996 4. MO 7583 approving settlement agreement with Michael C. McCracken. A4997 5. See Extended Consent Agenda 6. Res 21138 a Resolution of Convenience and Necessity to sell beer, wine and spirits at the 2755 North Palm Canyon Drive., Zone C-1, Section 3. 7. Res 21139 approving Amendment 4 to the FY 2004/2005 Allocated Positions and Compensation Plan authorizing the deletion of one Police Commander position. 8. Res 21140 approving year-round billing cycle and amending the Comprehensive Fee Schedule approving year-round issuing of dog licenses and offering discounts for multi-year licenses. 9. Res 21141 amending the Comprehensive Fee Schedule increasing the fees for Concealed Weapons Permits and related fee. 10. See Extended Consent Agenda 11. See Extended Consent Agenda 12. Res 21142 approving Final Map 31354 and Subdivision Agreement with Palm Canyon Townhomes LLC to subdivide property for condominium purposes located at 2765 and 2801 South Palm Canyon Drive, Section 35, Township 4 South, Range 4 East. 13. MO 7584 authorizing Veolia Water North America Operating Services Inc a Notice to Proceed to complete a flow study at the wastewater treatment plant in the amount of$25,000. 14. MO 7585 approving the establishment of a motorcycle parking zone for a six month trial period between 6 pm Thursdays through 11 pm Sundays, on the north side of North Palm Canyon Drive to a point 60 feet westerly thereof. Page 2 Council Minutes November 17, 2004 15. Res 21143 and 21144 approving Payroll Warrants and Claims & Demands. ' Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 1001196 Animal Medical Hospital Business Client Related EXTENDED CONSENT AGENDA: 1. MO 7586 approving an agreement with Parsons Transportation Inc for construction management services for various projects at the airport, in the amount of$940,081, with minor changes. A4998 Director of Aviation presented staff report, after discussion, on motion by Mayor Pro Tern Mills, seconded by Councilmember Pougnet, and carried by a majority vote (4-0-1, Oden absent) MO 7586 as presented was approved, with the following changes to the contract: • Page 22, Project Duration, language to be: amended for clarity and to be consistent with payment schedule. • Page 23, Request For Information (RFI), language to be amended to unlimited number of RFI's. • Page 23, ContractorNendor Submittal Reviews, language amended to ' unlimited number of Submittal Reviews. • Page 23, Non-Conformance, delete second sentence "Up to15 non- conformance issues....." 5. MO 7587 approving Amendment 7 to A4372 with Pac West for landscape maintenance services at the Mountain Gate project (Parkway Maintenance District 10) in the amount of$42,232.20. A4372 Director of Parks and Recreation presented the staff report, after discussion on motion by Councilmember Pougnet, seconded by Councilmember Foat, and carried by a majority vote (4-0-1, Oden absent) MO 7587, as recommended, was adopted. 10. Res 21145 approving Final Map 32028 and Subdivision Agreement with Mountain Gate II Palm Springs Ventures LLC to ,subdivide property located south of Chino Creek Levee and the east side of Highway 111, Section 33, Township 3 South, Range 4 East. A4999 Director of Parks and Recreation presented the staff report, after discussion on motion by Councilmember Pougnet, seconded by Councilmember McCulloch, and carried by a majority vote (4-0-1, Oden absent) Res 21145, as recommended, was adopted. ' 11. Res 21146 approving Final Map 32028-1 and Subdivision Agreement with Mountain Gate II Palm Springs Ventures LLC to subdivide property located south Page 3 Council Minutes November 17, 2004 ' of Chino Creek Levee and the east side of Highway 111, Section 33, Township 3 South, Range 4 East. A5000 Director of Parks and Recreation presented the staff report, after discussion on motion by Councilmember Pougnet, seconded by Councilmember McCulloch, and carried by a majority (4-0-1, Oden absent) Res 21146, as recommended, was adopted. PUBLIC HEARINGS: 16. TTM 32233— 1000 GENE AUTRY TRAIL, SECTION 7 AND 18 LEENAR COMMUNITIES Recommendation: That the Council approve Tentative Tract Map 32233 for subdividing 372.52 acres into 550 residential lots and additional lots for golf course development and maintenance facilities, located at 1000 Gene Autry Trail, APN 677-220-007 ET SEQ, W-M-1-P, W-0-5, W Zones, Sections 7 and 18. Notices mailed 163. Director of Planning Services presented the staff report. Mayor Pro Tern Mills opened the public hearing. ' Jeff Clemens, Leenar Communities, spoke in support and requested approval. Marvin Roos, Palm Springs, spoke in support. There being no others coming forth to address the Council, Mayor Pro Tern Mills closed the public hearing. After discussion, on motion by Councilmember Pougnet, seconded by Councilmember Foat, and carried by a majority vote (4-0-1 Oden absent), Res 21147 was adopted with the condition staff will work with the developer, and Desert Water Agency for an alternate well site, and amending Condition of Approval, Page 9, Engineering: Item 19 to add "or as approved by the City Engineer and Fire Marshall." 17. TTM 32942 — 1000 EAST PALM CANYON DRIVE, Zone R-2 and R-3, Section 23 — NEXUS RESIDENTIAL COMMUNITY Recommendation: That the Council approve TTM 32942 for a subdivision of 8.3 acres for the conversion of previously approved 133 apartments into 133 condominiums, located at 1000 East Palm Canyon Drive, Zone R-2 and R-3, Section 23. Notices mailed 449. Director of Planning Services presented the staff report. ' Mayor Pro Tern Mills opened the public hearing. Wilson McNary, Palm Springs, spoke in support. Garth, developer, (no speaker card submitted) spoke requesting approval. Page 4 Council Minutes November 17, 2004 There being no others coming forth to address the Council, Mayor Pro Tern Mills , closed the public hearing. After discussion, on motion by Councilmember McCulloch, seconded by Councilmember Foat, and carried by a majority vote (4-0-1 Oden absent), Res 21148, was adopted as recommended with amendments to Condition 34 to read as follows: "The developer shall deposit $25,000 with the City to represent the estimated cost of five years of annual maintenance costs for City maintenance of the existing landscaped median within Deep Well Ranch Road prior to final map approval. This estimate shall include the annual costs associated with landscape maintenance, water service and electrical service. In the alternative, the prior requirement for private maintenance of the median through CC&Rs approved by the City Attorney, shall apply, in this case future maintenance of the landscaped median shall become the responsibility of the City. The developer shall be responsible for coordinating with the Parks and Recreation Department to determine requirements for providing a separate City water meter for irrigation purposes, as well as a separate City irrigation controller and irrigation system for the median. The determination of which alternative; shall apply will be made by the City Engineer in consultation with the City Attorney, based upon long-term enforceability." 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: None. 18. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None. REPORTS & REQUESTS: CITY COUNCIL reports or requests: Councilmember McCulloch requested a report on PERS. Mayor Pro Tem Mills requested the grading and landscaping plans for Tract 32028 and 32028-1 be presented to Council after review by the Planning Commission. Page 5 Council Minutes November 17, 2004 Mayor Pro Tern Mills requested a report on all staff participating in the vehicle take home program, information shall include fueling, authorization dates, usage, and estimated cost under normal usage, and a copy of the vehicle take home policy. Additionally, it was desirable that the information to be separated into the following groups: • Police • Fire • Other 19. After discussion, on motion by Councilmember Foat, seconded by Councilmember Pougnet, and carried by a majority vote (4-0-1, Oden absent) Robin Rosenberg was appointed to the VillageFest Board. PUBLIC reports or requests: None STAFF reports or requests 20. Treasurer's Investment Report as of September 30, 2004. It was the consensus of the Council to receive and file the Treasurer's Investment Report as of September 30, 2004 21. Update on Convention Center pre-marketing plan from Jim Dunn, General Manager General Manager provided an update, consensus of the Council to place item on the Legislative calendar in January 2005, unless the need for Council action is required prior. 22. Update on MillionAir the sublease status from Director of Aviation. Director of Aviation presented the sublease status of MillionAir, no action/direction was given by Council. ADJOURNMENT: There being no further business, Mayor Pro Tem Mills declared the meeting adjourned at 9:43 p.m., November 17, 2004. Respectfully submitted, Kathie Hart, CIVIC Acting City Clerk Page 6