HomeMy WebLinkAbout2005-01-05 CC MINUTES PALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, JANUARY 5, 2005
CITY COUNCIL CHAMBERS
CALL TO ORDER: Mayor Oden called the meeting to order at 7:07 PM.
ROLL CALL: (All Agencies)
PRESENT: Councilmember Foat, Councilmember Mills, Councilmember
Pougnet, Mayor Pro Tern McCulloch, Mayor Oden.
ABSENT: None.
ALSO PRESENT: City Manager Ready, Assistant City Manager Butzlaff, City Attorney
Aleshire, City Clerk Thompson, City Treasurer Kanarr.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262 led the Pledge.
INVOCATION: Rev. Hank Bates, Desert City Community Church of Religious
Science led the Invocation.
PRESENTATIONS: Mayor Oden presented Commendations to Doug Evans, Director
of Strategic Development, and Carl Thibeault, Fire Marshal on their years of service to
the City of Palm Springs. City Manager Ready presented newly appointed City Clerk
Thompson.
REPORT OF POSTING OF AGENDA: City Clerk Thompson reported the City Council
Agenda for the January 5, 2005 meeting was posted on Friday, December 30, 2004 in
accordance with established policies and procedures.
City Clerk Thompson announced that the City Council received additional materials for
Items Nos.: CRA-A, 6, 12, 17, 23 and 24.
City Clerk Thompson stated that for Item 15 the City Council received additional
material including Executive Order No 2004-01. The City Council would Receive and
File Executive Order No. 2004-01 and consider adopting the City Council Resolution to
ratify the order.
City Clerk Thompson requested the City Council remove Consent Agenda Item 3 and
Public Hearing Item 18 from the Agenda and table.
REPORT OF CLOSED SESSION: City Attorney Aleshire reported that at 5:00 PM
Mayor Oden called the meeting to order and the City Council recessed into Closed
Session to discuss matters on the posted Closed Session Agenda. The City Council
received reports, and no reportable actions were taken.
The City Council convened as the City Council and the Community Redevelopment
Agency at'7:28 PM.
City Council Minutes
January 5,2005
Page 2 '
JOINT CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
JOINT PUBLIC HEARING:
A. CENTURY VINTAGE HOMES DISPOSITION AND DEVELOPMENT
AGREEMENT— DESERT HIGHLAND GATEWAY INFILL PROGRAM:
John Raymond, Director of Community and Economic Development, provided
background information as outlined in the staff reported dated January 5, 2005.
Mayor Oden opened the Public Hearing the following speaker addressed the City
Council.
CARLOS CUEVA, Century Vintage Homes.
No other speakers coming forward, Mayor Oden closed the Public Hearing.
ACTION: 1) 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. '
A0490C; and 2) Adopt Resolution No. 21167 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS CONCURRING WITH THE
COMMUNITY REDEVELOPMENT AGENCY REGARDING THE APPROVAL OF
A DISPOSITION AND DEVELOPMENT AGREEMENT WITH CENTURY
VINTAGE HOMES FOR THE DEVELOPMENT OF FIVE SINGLE-FAMILY
MODERATE-INCOME HOMES IN THE DESERT HIGHLAND AREA OF
MERGED AREA NO. 1." Motion Councilmember Mills, seconded by
Councilmember Pougnet and unanimously carried on a roll call vote.
The City Council adjourned at 7:34 PM to convene as the Community Redevelopment
Agency.
The City Council reconvened at 7:38 PM.
PUBLIC COMMENTS:
JANE SMITH, Palm Springs, spoke about planning issues and presented written
testimony.
ZIVA HILLINGER, Palm Springs, clarified her previous comments on the March 8
Initiative.
JOHN GOODRICH, Palm Springs, commented on the process of Item 17.
VIC GAINER, Palm Springs, spoke about the recent telephone survey being conducted.
CitycouncilMinutes
January 5,2005
Page 3
RHONDA McCUNE, Palm Springs, spoke about a recent article in the Desert Sun
regarding the Airport.
BETTY WILLIAMS, Indio, commented on the upcoming Initiatives on the Ballot.
ROXANN PLOSS, Palm Springs, spoke about recent and past planning issues; airport,
development. Presented a recent article in the Desert Sun.
FRANK GAYDOS, Palm Springs, commented on Measure "B" on the upcoming special
election.
LAURI AYLAIAN, Palm Springs, asked for assistance with problems with the condo
project at Cahuilla and Baristo Road.
GREG DAY, Palm Springs, spoke about the initiatives on the upcoming election.
RAN WYDER, Indian Wells, spoke regarding Measure "B" on the upcoming March 8,
2005 election.
' CHARLES SACHS, Palm Springs, expressed concerns regarding noise, traffic, parking
and overcrowding at Toucan's. Presented a letter from Casa de Oro Homeowners
Association.
DARRELL KELLY, Palm Springs, commented on Public Hearing Item 17.
LORI TWIE, Palm Springs, spoke about mountain development.
SAM SPINELLO, Indian Wells, commented on balanced development.
DANA STEWART, Palm Springs, spoke about eco-terrorism vs. eco-tourism.
CONSENT AGENDA:
Councilmember Pougnet requested Item 1, Item '12 and Item 15 be removed from the
Consent Agenda for discussion.
Mayor Pro Tern McCulloch noted his abstention on warrant 1002116 business related.
Councilmember Foat requested Item 1, Item 13, and Item 14 be removed from the
Consent Agenda for discussion.
Councilmember Mills requested Item 1, Item 10, Item 12, and Item 14 be removed from
' the Consent Agenda for discussion. He noted his abstention on Item 9 due to property
ownership, and warrants 1002062, 1002063, 1002120 business related.
City Council Minutes
January 5,2005
Page 4 '
ACTION: Approve Items 2, 4, 5, .6, 7, 8, 9, 11, 15a and 16. Motion Councilmember
Pougnet, seconded by Councilmember Foat and unanimously carried on a roll call vote.
1. Approving a contract with Maxwell Security, Inc., for security services at the
Downtown Parking Structure and Train Depot in an amount not-to-exceed
$26,000. See Extended Consent Agenda.
2. ACTION: MO 7600 approving reimbursement agreement modification 5 with the
TSA A4736 adding additional funding to the Reimbursement Agreement for the
period from October 1, 2004 to September 30, 2005. A4736. Approved as part of
the Consent Agenda.
3. Amendment 2 to A4821 with Signature Flight Support to allow construction of
additional hangars. A4821. Withdrawn at the request of staff.
4. ACTION: MO 7601 awarding contract to G 8t M Construction for the new
Employee Parking Lot in the amount of $420,900. A5017. Approved as part of
•the Consent Agenda.
5. ACTION: Adopt Resolution No. 21168 approving a Memorandum of
Understanding with the Palm Springs Fire Safety Unit for the period July 1, 2004, ,
through June 30, 2006. A5018. Approved as part. of the Consent Agenda.
6. ACTION: Adopt Resolution Nos. 21169, 21170, 21171 awarding Convention
Center contracts for painting, millwork, and signage to Nick Pecoraro Painting
and Decorating, Arrowwood Works, Inc., and Vomar Products, Inc., in the
amount of $498,000., $97,947., and $70,950. respectively. A5019, A5020, and
A5021. Approved as part of the Consent Agenda.
7. ACTION: MO 7602 approving Amendment 2 to A4597 with Michael E. Fontana &
Assoc. extending the contract for 10-months for Convention Center Owner
Representative Services in the amount of $94,480. A4597. Approved as part of
the Consent Agenda.
8. ACTION: MO 7603 approving a sole-source purchase of Caterpillar engine
repair parts from John Power Systems, in an arnount not to exceed $100,000.
Approved as part of the Consent Agenda.
9. ACTION: MO 7604 approving plans, specifications, working details, and
authorizing advertising for construction bids for Camino Amapola and Camino
Primrose street improvement, CP 04-11. Approved as part of the Consent
Agenda, noting the abstention of Councilmember Mills.
10. Approving Amendment 1 to A4617 Commercial Cleaning Specialists, Inc. '
extending contract for one-year, through December 31, 2005, in the amount of
$74,220.30. A4617. See Extended Consent Agenda.
uiryt;ounaiminutes
January 5,2005
Page 5
11. ACTION: Adopt Resolution No. 21172 approving the appointment of one non-
resident, non-registered voter, California licensed landscape architect to the
Planning Commission Architectural Advisory Committee. Approved as part of the
Consent Agenda.
12. Palm Springs Visitors Center conceptual plan for terraced seating area and
landscaping to allow staff to proceed with the final construction plans and bid
process. See Extended Consent Agenda.
13. Establishment of a 401 money purchase plan for the Fire Safety Unit and the
General Unit to be administered by ICMA Retirement Corporation. See
Extended Consent Agenda.
14. Vantagecare Retirement Health Savings (RHS) program, Plan Number 800957,
for the Fire Safety Unit and the General Unit. See Extended Consent Agenda.
15. Executive Order No. 2004-01 proclaiming the existence of a local emergency and
Resolution No. 21175 ratifying the existence of a local emergency, proclaimed by
the City Manager on December 29, 2004. See Extended Consent Agenda.
' 15a. ACTION: MO 7607 approving a lease agreement with Harmony Airlines for
office and counter space at Palm Springs International Airport. A5027.
Approved as part of the Consent Agenda.
16. ACTION: Adopt Resolution Nos. 21176 and 21177 approving Payroll Warrants
and Claims & Demands. Approved as part of the Consent Agenda, noting
abstentions.
Abstentions:
Councilmember Warrant # Payee Nature of Conflict
McCulloch 1002116 Desert Fire Extinguisher Business Related
Mills 1002062 Animal Medical Hospital Business Related
Mills 1002063 Animal Medical Hospital Business Related
Mills 1002120 Desert Regional Medical Business Related
EXTENDED CONSENT AGENDA:
1. ACTION: MO 7599 approving a contract with Maxwell Security, Inc., for security
services at the Downtown Parking Structure and Train Depot in an amount not-
to-exceed $26,000. A5014. Motion Councilmember Pougnet, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
10. ACTION: MO 7605 approving Amendment 1 to A4617 Commercial Cleaning
Specialists, Inc. extending contract for one.-year, through December 31, 2005, in
the amount of$74,220.30. A4617.
Cary(jouncliMinutes
January 5,2005
Page 6
David Barakin, City Engineer, provide background information as outlined in the ,
staff report dated January 5, 2005.
Motion Councilmember Mills, seconded by Councilmember Pougnet and
unanimously carried on a roll call vote.
12. ACTION: MO 7606 approving the Palm Springs Visitors Center conceptual plan
for terraced seating area and landscaping to allow staff to proceed with the final
construction plans and bid process.
John Raymond, Director of Community and Economic Development, provided
background information as outlined in the staff report dated January 5, 2005.
Motion Councilmember Mills, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
13. ACTION: Adopt Resolution No. 21173 approving the establishment of a 401
money purchase plan for the Fire Safety Unit and the General Unit to be
administered by ICMA Retirement Corporation,
City Treasurer Kanarr provided background information as outlined in the staff
report dated January 5, 2005.
Motion Councilmember Foat, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
14. ACTION: Adopt Resolution No. 21174 approving the adoption of the
Vantagecare Retirement Health Savings (RHS) program, Plan Number 800957,
for the Fire Safety Unit and the General Unit.
City Treasurer Kanarr provided background information as outlined in the staff
report dated January 5, 2005.
Motion Councilmember Foat, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
15. ACTION: 1) Receive and File Executive Order No. 2004-01 proclaiming the
existence of a local emergency; and 2) Adopt Resolution No. 21175 "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
RATIFYING THE EXISTENCE OF A LOCAL EMERGENCY PROCLAIMED BY
THE CITY MANAGER ON DECEMBER 29, 2004."
Blake Goetz, Fire Chief, and David Barakian, City Engineer, provided a review of r
the events that led to the proclamation of a local emergency and current
condition of affected roads.
citycouncominutes
January 5,2005
Page 7
Motion Councilmember Pougnet, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
The City Council recessed at 8:53 PM.
The City Council reconvened at 9:12 PM.
PUBLIC HEARINGS:
17. TENTATIVE TRACT MAP 31766 — CASE 5.0996 — PD-294 WESSMAN
DEVELOPMENT — CRESCENDO PROJECT 1000 WEST RACQUET CLUB
DRIVE, S OF TRAMWAY ROAD AND W OF VISTA GRANDE AVENUE:
Alex Meyerholf, Principal Planner, provided background information as outlined
in the staff report dated January 5, 2005.
Mayor Oden opened the Public Hearing and the following speakers addressed
the City Council:
JOHN GOODRICH, Palm Springs, commented on the impacts of the stone
crushers and spoke against the project.
ANDY LINSKY, Palm Springs, requested an Environmental Impact and Geo-
Tech reports be prepared and spoke against the project.
MILES BARRETT, Palm Springs, requested an Environmental Impact Report be
prepared and spoke against the project.
RODNEY DREW, Palm Springs, requested an Environmental Impact Report be
prepared and spoke against the project.
JOHN MACON, Palm Springs, requested an Environmental Impact Report be
prepared and spoke against the project.
HOLLY HOLMES, Palm Springs, spoke against mountain development,
commented on traffic impacts, requested an EIR be prepared and spoke against
the project.
SHERYL HAMLIN, Palm Springs, commented on requirements of a PD, spoke
against granting a variance and against the project.
JOHN CAMPBELL, Palm Springs, commented on air quality impacts of the
project.
' TIM ALBERT, Palm Springs, commented on traffic impacts and noise created
from rock crushing, spoke against the project.
City Council Minutes _
January 5,2005
Page 8 '
CHARLES SACHS, Palm Springs, commented on the landscape and the vista,
spoke against the project.
TIM O'BAYLEY, Palm Springs, requested an EIR be prepared and spoke against
the project.
The City Council recessed at 10:58 PM.
The City Council reconvened at 11:19 PM.
ACTION: Continue the meeting past the tentatively scheduled 11:00 PM
adjournment time. Motion Councilmember Mills, seconded by Councilmember
Pougnet and unanimously carried.
SIMON HOUSMAN, Palm Springs, commented on broad polices issues such as
raising or lowing the level of adjoining neighborhoods, spoke against the project.
DANA STEWART, Palm Springs, commented on impacts of the development,
requested an EIR and spoke against the development.
WESLEY COLE, Palm Springs, stated the mountain initiative is poorly written,
outlined the steps in the process. ,
DONNA KRAUSE, Palm Springs, presented written comments, requested an EIR
be prepared, spoke against the project.
MARTHA HIGGINS, Palm Springs, presented written comments by Monte Stettin
in support of the project.
KIM MCNULTY, Palm Springs, read a letter submitted by Jon Caffery, Palm
Springs Economic Development Corp. in support of the project.
JOAN MARTIN, Palm Springs, commented on the dust created with the rock
crushing, requested an EIR be prepared, spoke against the project.
ATSON REEDER, Palm Springs, commented on the number of rocks, quality of
the project, and the design of the entry into Palm Springs.
ERNEST VINCENT, Palm Springs, commented on the positives of the project,
spoke in support of the development.
RIC SERVICE, Palm Springs, commented on the process of PD coming before
the City Council, stated the development is below the crest.
EMILY HEAPHILL, Attorney for the Applicant, stated a series of studies have ,
been performed to complete the negative-declaration, stated density is less and
110 conditions have been placed on the project, spoke in support of the project.
citycounciminutes
January 5,2005
' Page 9
DENISE HOCTKER, Palm Springs, requested a compromise not an ok of the
project, stated she felt we could do better.
PETER MOEUZZI, Palm Springs, requested an EIR be prepared, spoke against
the project.
JOHN WESSMAN, Palm Springs, explained some of the elements of the project
and requested support of the project.
ROBERT PAUL- ANDERSON, Rancho Mirage, stated it is a quality project,
spoke in support of the project.
MICHAEL BRAUN, Palm Springs, commented on the quality of the project and
stated it is the appropriate best use for the site; spoke in support of the project.
HANS GIRAUX, PALM DESERT, commented on the noise issue, approved
water and dust plan and air quality, spoke in support of the project.
No further speakers coming forward, Mayor Oden closed the Public Hearing.
' MOTION: Postpone vote and establish a City Council subcommittee to work with
the developer and neighbors. Motion Councilmember Foat failed for lack of a
second.
The City Council recessed at 12:53 AM.
The City Council reconvened at 1:04 AM.
The City Council outlined concerns and directed staff to return with options,
conditions and/or clarifications: rock crusher and construction noise and impacts,
air quality issues, height issues, photo simulation, slope issue, transition into
existing neighborhoods, view corridor with existing homes on Racquet Club,
impacts to current homes on Vista Grande, walls be softened with boulders,
fences between lots, rolled curbs on north side, formula for 2-story lots, height
measurements with the stepped pads, retaining a certain percentage of rock for
transition landscaping, street sections "v" gutter, alternative pavers possibly at
entrances, retaining walls incorporate boulders, soften the appearance of water
retention areas, fire access, phasing all streetscape improvements with grading,
custom homes on lots over 30,000 square feet, perimeter lots being all one story,
and items requested desirable by the Architectural Advisory Committee.
ACTION: Close the public testimony portion of the Public Hearing and continue
' the Item to Wednesday, January 19, 2005. Motion Councilmember Foat,
seconded by Councilmember Pougnet and carried on a Roll Call vote:
City Council Minutes
January 5,2005
Page 10 ,
AYES: Councilmember Foat, Councilmember Mills, Councilmember
Pougnet, and Mayor Oden.
NOES: Mayor'Pro Tern McCulloch.
18. TENTATIVE TRACT MAP 32613 BROWN & WEINER — ONE-LOT
CONDOMINIUM MAP NEAR RAMON ROAD AND CALLE PAROCELA — APN
680-071-004:
Tabled to Wednesday, January 19, 2005 at the request of staff.
19. ACQUISITION OF PERMANENT EASEMENT INTERESTS:
David Barakian, Director of Public Works/City E=ngineer provided background
information as outlined in the staff report dated January 5, 2005.
Mayor Oden opened the Public Hearing and no speakers coming forward the
Public Hearing was closed.
ACTION: 1) Find and determine to be of public interest and necessity to require
acquisition of permanent easement interest in a portion of the property at 1700
Araby Drive, Parcel Map No. 30292; and 2) Adopt Resolution No. 21178 "A
RESOLUION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DECLARING THE PUBLIC INTEREST AND NECESSITY REQUIRE
ACQUISITION OF PERMANENT EASEMENT INTERESTS IN A PORTION OF
THE PROPERTY KNOWN AS 1700 ARABY DRIVE, PALM SPRINGS, CA
PARCEL MAP NO. 30292." Motion Councilmember Pougnet seconded by
Councilmember Mills and unanimously carried on a roll call vote.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGIENCY REPORTS: None.
LEGISLATIVE ACTION:
20. DRAFT RIVERSIDE COUNTY AIRPORT LAND USE COMPATIBILITY PLAN:
ACTION: Table to Wednesday, January 12, 2005. By consensus of the City
Council.
21. LA PLAZA ORIGINAL DRAWINGS AND PLANS -- DONATION TO DESERT
MUSEUM:
Doug Evans, Director of Strategic Planning, provided background information as
outlined in the staff report dated January 5, 2005.
ACTION: Approve MO 7608 authorizing the City Manager to donate the original
architectural drawings/plans for La Plaza to the Palm Springs Desert Museum,
Motion Councilmember Mills seconded by Councilmember Pougnet and
unanimously carried. '
22. COMPREHENSIVE GENERAL PLAN UPDATE -- DRAFT SCOPE OF WORK:
City Council Minutes
January 5,2005
Page 11
Doug Evans, Director of Strategic Planning, provided background information as
outlined in the staff report dated January 5, 2005.
ACTION: Receive and file the Draft Scope of Work and direct staff to bring a
contract back to City Council on January 12, 2005 for approval. By consensus of
the City Council.
23. PROFESSIONAL SERVICES AGREEMENT FOR LEGAL SERVICES WITH
WOODRUFF, SPRADLING & SMART:
City Manager Ready provided background information on the contract submitted
to the City Council.
ACTION: Table to Wednesday, January 12, 2005. Motion Councilmember Mills,
seconded by Mayor Pro Tern McCulloch and unanimously carried.
ADDITIONAL LEGISLATIVE ITEMS: None.
ADDED STARTERS: None.
REPORTS AND REQUESTS:
' CITY COUNCIL REPORTS AND REQUESTS:
Councilmember Pougnet requested the City Manager address, at a future study
session, the concept of "Green Building," and requested a City driven comprehensive
financial analysis of the Palm Springs Film Festival.
Councilmember Foat requested the meeting be adjourned in memory of Robert T.
Matsui and Shirley Chislom.
Mayor Oden requested the meeting be adjourned in memory of William Stover.
24. HUMAN RIGHTS COMMISSION APPOINTMENT - (1) SHORT TERM ENDING:
JUNE 30, 2006:
City Clerk Thompson provided background information as outlined in the staff
report dated January 5, 2005.
ACTION: Table to January 19, 2005. By consensus of the City Council.
PUBLIC REPORTS OR REQUESTS:
DANA STEWART, Palm Springs, commented on development in Little Tuscany and
new development.
STAFF REPORTS OR REQUESTS: None.
City Council Minutes
January 5,2005
Page 12
25. CITY MANAGER AUTHORIZED AGREEMENTS UNDER $25,000 FOR THE ,
PERIOD NOVEMBER 19, 2004 TO DECEMBER 22, 2004:
ACTION: Receive and file. By consensus of the City Council.
26. APPOINT TWO COUNCILMEMBERS TO A PUBLIC EDUCATION ADVISORY
COMMITTEE FOR THE MARCH 8, 2005, BALLOT MEASURES:
ACTION: Appoint Councilmember Pougnet and Councilmember Mills. By
consensus of the City Council.
ADJOURNMENT: The City Council adjourned at 2:35 AM on Thursday, January 6,
2005, in memory of Congress Member Robert T. Matsui, Shirley Chislom and William
Stover, to a Special Closed Session Meeting on Thursday, January 6, 2005 at 4:00 PM
City Hall Small Conference Room to continue evaluation of the City Manager. The next
City Council study session and adjourned meeting will be on Wednesday, January 12,
2005 at 7:00 PM, City Hall, Large Conference Room, preceded by a Closed Session at
5:00 PM, City Hall Small Conference Room.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 2ND
DAY OF FEBRUARY, 2005.
)) ,ram° ��L�_�
Mayor
Attest:
�Z` Clerk