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Home My WebLink About2004 - MINUTES - 12/1/2004 CITY OF PALM SPRINGS CITY COUNCIL MINUTES December 1, 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, December 1, 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 Foat, McCulloch, Mills, Pougnet and Mayor Oden The meeting was opened with the Salute to the Flag lead by Boy Scot Troop 262, and an invocation by Rabbi Ofseyer, Temple Isaiah. PRESENTATIONS: None REPORT OF POSTING OF AGENDA: Acting City Clerk reported that the agenda was posted in accordance with Council procedures on November 24, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: No Business Convene as the City Council and the Community Redevelopment Agency. ' CITY COUNCIL COMMUNITY REDEVELOPMENT AGENCY JOINT PUBLIC HEARING A. CENTURY 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 and 669-413-019; and authorize the Executive Director to execute necessary documents thereto. A After report from Director of Community & Economic Development, Chair/Mayor Oden opened the public hearing, and no persons came forward to address the Agency/Council. Staff requested the public hearing remain open and continued to January 5, 2005. On motion by Agency/Councilmember Foat, seconded by Agency/Councilmember McCulloch, and carried by a unanimous (5-0-0) vote the ' public hearing was continued to January 5, 2005. Adjourn as the Community Redevelopment Agency and continue as the City Council. CITY COUNCIL PUBLIC COMMENTS Lucia Moran, La Quinta, spoke of the community clean-up held in the Desert Highland area on November 20, 2004. Nunzio Grieco, Palm Springs, spoke of his invention. The following spoke in opposition of Agenda Items 14 and 15: Vic Gainer, Palm Springs Joan Taylor, Palm Springs Dana Stwewart, Palm Springs Frank Gaydos, Palm Springs APPROVAL OF CONSENT AGENDA: Items 1 thru 8. CONSENT AGENDA: On motion by Mayor Pro Tern Mills, seconded by Councilmember Foat, and carried by a unanimously (5-0-0) Consent Agenda Items 1, 3, 4, and 8 were approved as presented. ' Review by City Manager of Consent Items to be clarified. 1. Approval of Minutes, October 13, 2004, Regular 2. Approval of Minutes, October 20, 2004, continued to December 15, 2004. 3. MO 7588 Consent to Assignment and Option to A1764 and Consent to Encumbrance of Ground Lease Interest and Estopel with North America Capital Holdings Company dba Atlantic Aviation. A1764 4. MO 7589 approving Amendment 1 to A4838 with Bighorn Institute extending temporary public exhibition of a Big Horn sculpture at City Hall to June 30, 2005. A4838. 5. SEE EXTENDED CONSENT AGENDA 6. SEE EXTENDED CONSENT AGENDA 7. SEE EXTENDED CONSENT AGENDA 8. Res 21149 and 21150 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: ' Councilmember Warrant# Payee Particular Nature of Conflict Mills 1001469 Animal Medical Hospital Bus Client Related Mills 1001470 Animal Medical Hospital Bus Client Related McCulloch 1001520 Desert Fire Ext. Bus Client Related Council Minutes 12-01-04, Page 3 EXTENDED CONSENT AGENDA: ' 5. MO 7590 approving an agreement with National Golf Foundation for golf course operational audit consulting services in the amount of $46,000; the City portion shall be $35,000 and Arnold Palmer Golf Management Company's portion shall be $11,000. A5004 After discussion, on motion by Councilmember Pougnet, seconded by Mayor Pro Tem Mills, and carried by a unanimous (5-0-0) vote; MO 7590 was approved as presented, authorizing an agreement with National Golf Foundation for golf course operational audit consulting services in the amount of $46,000, the City portion shall be $35,000 and Arnold Palmer Golf Management Company's portion shall be $11,000. 6. MO 7591 approving an agreement with Pacific Municipal Consultants, for Interim Director of Planning Services, in the amount of$'38,700.00. A5005 After discussion, on motion by Councilmember Foat, seconded by Councilmember Pougnet, and carried by a majority vote (3-2-0, McCulloch and Mills voted no); MO 7591 was approved as presented, authorizing an agreement with Pacific Municipal Consultants, for Interim Director of Planning Services, in the amount of$38,700.00. A5005 7. MO 7592 approving Amendment 1 to A4979 with Willdan for temporary Planning ' Services in the amount of$40,000. A4979 After discussion, on motion by Mayor Pro Tern Mills, seconded by Councilmember Pougnet, and carried by a unanimous (5-0-0) vote; MO 7592 was approved as presented, authorizing Amendment 1 to A4979 with Willdan for temporary Planning Services in the amount of$40,000. PUBLIC HEARINGS: 9. APPEAL — CASE 5.1012 — PD-300 — TTM 31104 — 640 NORTH INDIAN CANYON DRIVE — ZONE R-3, SECTION 11 — APN 507-183-006 — SPANISH INN Recommendation: That the Council uphold, override or modify the Planning Commission's decision to renovate the hotel, convert hotel to condominiums, and construct a new condominium building located at 640 North Indian Canyon Drive, Zone R-3, Section 11, APN 507-183-006. Director of Planning Services presented the staff report. Mayor Oden opened the public hearing: Skip Goodell, representing applicant, requested overriding the Planning , Commission's decision. Photographs were submitted and are on file in the Office of the City Clerk. Catherine McMillian, Palm Springs, spoke in support of upholding the Planning Commission's decision. Council Minutes 12-01-04, Page 4 Robert Rosenau, Palm Springs, spoke in support of upholding the Planning Commission's decision. Joe Luisi, Palm Springs, requested overriding the Planning Commission's decision. Christine Leblon, Palm Springs, requested overriding the Planning Commission's decision. Graham Young, Palm Springs, spoke in support of upholding the Planning Commission's decision. No others came forth to address the City Council; therefore, Mayor Oden closed the public hearing. After discussion, on motion by Councilmember Pougnet, seconded by Councilmember Foat, and carried by a unanimous (5-0-0) vote, this item was referred back to the Planning Commission for a report on the basis of their denial. 10. URGENCY ORDINANCE CHINO CONE Recommendation: That the Council consider an extension of the Interim Urgency Ordinance for 10-1/2 months, adopting Interim Development regulations for the Chino Cone and adjacent areas pending the completion of studies and the preparation of an update of the City's development regulations for these areas. The staff report was presented by the Director of Strategic Planning. Mayor Oden opened the public hearing. The following persons spoke in support of the proposed urgency ordinance: Earnest Vincent, Palm Springs Steve Nichols, Palm Springs Steve Long, Palm Springs Mark Bragg, Palm Springs Dana Stewart, Palm Springs, spoke in opposition of the proposed urgency ordinance. No others came forth to address the City Council; therefore, Mayor Oden closed the public hearing. The title of the proposed urgency ordinance was read by the City Attorney. After discussion, on motion by Councilmember Pougnet, seconded by Mayor Pro ' Tern Mills, and carried by a unanimous (5-0-0) vote, the reading of the text was waived and read by title only was approved, and the proposed urgency ordinance was introduced as presented. Council Minutes 12-01-04, Page 5 11. ASSESSMENT DISTRICT 164 — MOUNTAIN GATE II — TRACT MAP 32028 ' AND 32028-1 — NORTHEAST SIDE OF HIGHWAY 111 NORTH OF GATEWAY DRIVE 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, "Mountain Gate ll" Tracts 32028 and 32028-1, located on the northeast side of Highway 111 north of Gateway Drive. The staff report was presented by the Director of Public Works/City Engineer. Mayor Oden opened the public hearing, no persons came forth to address the Council, and Mayor Oden closed the public hearing. Mayor Oden asked the Acting City Clerk if there is proof of the mailing of the Notice of Public Hearing. The Acting City Clerk stated there is proof. The Mayor ordered the Acting City Clerk to open and count the ballot(s). The Acting City Clerk opened the ballot and reported to the Council there was only one ballot and it did pass. Mayor Oden asked the Acting City Clerk if there were any written protests received, which the Acting City Clerk replied no written protests were received. On motion by Councilmember Pougnet, seconded by Mayor Pro Tern Mills, and carried by a unanimous (5-0-0) vote, Resolutions 21151, 21152, 21153, 21154, and 21155 were adopted as presented, 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: 12. ESTABLISHMENT OF A 401 PLAN Recommendation: That the Council approve the establishment of a 401 Plan for the purpose of creating a benefit to City employees at no cost to the City. Item was withdrawn by the City Manager. 13. ESTABLISHMENT OF RETIREMENT HEALTH SAVINGS PLAN Recommendation: That the Council approve the: establishment of a Retirement Health Savings Plan for City employees administered by ICMA Retirement Corp. Item was withdrawn by the City Manager. ' Council Minutes 12-01-04, Page 6 ' 14. ADDITIONAL BALLOT MEASURES SPECIAL MUNICIPAL ELECTION — MARCH 8, 2005 Recommendation: That the Council consider placing two additional measures on the March 8, 2005, ballot, the first to authorize a general obligation bond to acquire property for open space, wildlife habitat and conservation within the Mountain Region established by Measure _ and the second to establish the San Jacinto/Santa Rosa Mountain Protection Act. The City Attorney presented the staff report. On motion by Mayor Pro Tem Mills, seconded by Councilmember McCulloch, and carried by a majority (3-2-0 Foat and Pougnet voted no) the language on the ballot shall read "In the event Measure _ is adopted by the voters, General Obligation Bonds in the amount up to $(undetermined amount) be issued to acquire real property for open space, wildlife habitat and for conservation purposed ..." if the proposed ordinance was approved. On motion by Mayor Pro Tern Mills, seconded by Councilmember McCulloch, and carried by a majority (3-2-0 Foat and Pougnet voted no) vote, the above undetermined amount be set at$150 million was approved. Mayor Pro Tern Mills moved the following: 1. Adopted Resolution 21156, as presented; 2. Add the words "up to" in the ballot language; therefore, the ballot language shall read "Shall General Obligation Bonds in the amount up to $150 million be issued ..."; and 3. Introduce the proposed ordinance by title only and waive the reading of the text. The City Attorney read the title of the proposed ordinance. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests Mayor Pro Tern McCulloch: Requested a review of the purchasing and contracting process at a future study session. ' Councilmember Mills: Requested a status report of all projects/applications including the planner assigned. Requested a report on the take home vehicle policy. Council Minutes 12-01-04, Page 7 PUBLIC reports or requests ' Dana Stewart, Palm Springs, spoke in support of the Hillside (Mountain Region) Initiative and in opposition to the action taken by the Council relating to Item 14. Robert Evans, Palm Springs, spoke in opposition of the Hillside (Mountain Region) Initiative. STAFF reports or requests 20. Director of Finance Fiscal Year 2003-04 City of Palm Springs Development Project Fee Report Received & Filed 21. Director of Finance Treasurer's Investment Report as of October 31, 2004 Received & Filed ADJOURNMENT: There being no further business, at 11:42 p.m. Mayor Oden adjourned the meeting to 6:00 p.m., December 8, 2004, and added Closed Session shall begin at 4:30 p.m., followed by the regularly scheduled Study Session at 7:00 p.m. Respectfully submitted, ' 1=vtoj(� Kathie Hart, CIVIC Acting City Clerk