HomeMy WebLinkAbout2005-01-19 CC MINUTES PALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, JANUARY 19, 2005
CITY COUNCIL CHAMBERS
CALL TO ORDER: Mayor Oden called the meeting to order at 7:13 P.M.
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: Palm Springs Air Force ROTC Junior Color Guard.
INVOCATION: Rev. Terry Scott, Ministerial Intern, Palm Springs Spiritual
Enrichment Center led the Invocation.
PRESENTATIONS:
Terri Neuenswandr, Riverside County presented Riverside County Fair Date Festival
Queen and her Court and they invited the City Council and the Public to the Riverside
' County Fair.
Tom Anthony, Federal Security Director, Transportation Security Authority, presented
Friendship Awards to the Police Officers at the Palm Springs International Airport in
recognition of their service.
Mayor Oden presented a commendation to Nate Brewer for the Community Clean-up by
Shepherd of the Valley Lutheran Church Group.
Mayor Oden presented a proclamation to City Attorney Aleshire for his years of service
and proclaimed January 19, 2005 as David Aleshire Day in the City of Palm Springs.
REPORT OF POSTING OF AGENDA: City Clerk Thompson reported that the City
Council Agenda for the January 19, 2005 meeting was posted on Friday, January 14,
2005 in accordance with established policies and procedures.
City Clerk Thompson announced that the City Council received additional materials
from staff on Items Nos. 13, 14 and 21, and additional written public testimony for Item
Nos. 17 and 19.
City Clerk Thompson requested the City Council table Consent Agenda Item 15 at the
request of staff.
' CLOSED SESSION REPORT: 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.
Page 2
PUBLIC COMMENTS: ,
HAROLD STONE, Palm Springs, commented on excessive noise from helicopter and
other air-traffic noise.
ANDY LINSKY, Palm Springs, spoke against Public Hearing Item 19 and requested an
EIR be prepared and read a letterfrom Lawrence A. Conte, M.D.
JOHN GOODRICH, Palm Springs, spoke against the rock crushers proposed on Public
Hearing Item 19, read a letter into the record from resident at 450 Bogert Trail.
VIC GAINER, Palm Springs, stated there will be lawsuits with the Measures on the
March 8, 2005 ballot, but they will not prevail.
JANE SMITH, Palm Springs, stated the research on Public Hearing Item 19 is five-years
old and should not be used, expressed concerns about stir-quality; requested EIR.
PAUL CRIPPAN, Palm Springs, requested an EIR be prepared in relation to Public
Hearing Item 19.
CHARLES SACHS, Palm Springs, requested assistance on noise and traffic problems
at Toucan's; read a letter from Roxanne Ploss regarding Public Hearing 19.
NICHOLAS HORD, commented that he works at the Spa Casino and has to receive
public assistance with health insurance, as the Casino does not provide this benefit.
MALLIKA ALBERT, Palm Springs, spoke against Public Hearing Item 19, and requested
an EIR be prepared, expressed concerns about air-quality with the rock crushers.
MATILDE JONES, Palm Springs, expressed concerns with hillside developers, spoke in
support of Measure B and against Measure C on the March 8, 2005 Special Election.
JOSE ANTONIO-FLORES, stated he works at the Spa Casino, which is now charging
employees for health insurance, stated he cannot afford to pay for healthcare.
SARAH VALDEZ, stated she works at a casino in San Diego County and other Indian
Casinos should have organized labor unions.
FRANCISCO BARAJAS, Fallbrook, spoke in support of the workers at Agua Caliente
Casino.
MAGDALENA MOALES, Fallbrook, spoke in support of the workers at Agua Caliente
Casino and the right to have organized labor unions. ,
GLADYS KRENCK, Palm Springs, spoke against Public Hearing Item 19 for health
reasons and the blight by tract housing on the mountain slopes.
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January 19,2005
Page 3
GRACIELA HUESO, Palm Springs, stated she works at the Spa Casino, commented on
the working conditions which do not offer health insurance.
LIN JUNIPER, Southern California Edison, spoke about recent power outages in Palm
Springs and the surrounding areas during storm conditions in the last two weeks, and
the corrective actions that SCE has taken.
FRANK GAYDOS, Palm Springs, stated the City has bypassed the EIR process on
Public Hearing Item 19; stated his support for Measure B and opposition to Measure C.
JIM STUART, Palm Springs, spoke against the Neighborhood Organization programs
and ordinance, requested it be delayed until the City's finances are positive.
CATHERINE McMILLAN, Palm Springs, commented on the progress of the Desert
Fashion Plaza and the makeup of the Downtown Urban Design Committee.
STEVE NICHOLS, Palm Springs, President Palm Springs Historical Society, announced
an upcoming event celebrating 50 years of the Society; and commented on the Martin
Luther King Day celebrations.
' NICKI McLAUGHLIN, Palm Springs, spoke against Public Hearing Item 19 and
requested an EIR be prepared.
DANA STEWART, Palm Springs, spoke against Public Hearing Item 19 and requested
an EIR and fiscal impact report be prepared.
ATSON REEDER, spoke in opposition to Public Hearing Item 19.
ERNEST VINCENT, Palm Springs, spoke in opposition to Measure B and in support of
Measure C on the March 8, 2005 Special Election.
EMILY HEMPHILL, representing the Applicant in Public Hearing Item 19, commented
on rock crushers, air-quality tests and standards; stated the lots are larger and an EIR is
not legally required.
SHEILA GRATTAN, Palm Springs, commented on the member of the public holding
signs in view of the camera.
HAROLD BAUMEA, Palm Springs, spoke against Measure B on the upcoming March 8,
2005 Special Election.
JUDY SUMICH, Palm Springs, spoke against Public Hearing Item 19, thanked City
Attorney Aleshire for his service to the City.
The City Council recessed at 9:04 P.M.
City Council Minutes
January 19.2005
Page 4
The City Council reconvened at 9:17 P.M. '
CONSENT AGENDA:
Councilmember Mills abstained on Warrant Nos. 1002408, 1002469, and 1002638.
Staff Reports were presented on Items Nos. 2, 3, 6, 10.
ACTION: Approve Item Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 16. Motion
Councilmember Mills, seconded by Councilmember Foat and unanimously carried on a
roll call vote.
1. ACTION: Approve the November 3, 2004 City Council Minutes. Approved as
part of the Consent Agenda.
2. ACTION: MO 7613 approving the purchase of a (replacement vehicle for the Fire
Department from Ramsey Ford in the amount of $31,750.82 from Ramsey Street
Ford. Approved as part of the Consent Agenda.
3. ACTION: MO 7614 approving the purchase of seven (7) entry and directional
signs from Wausau Tile for the entrances to Ruth Hardy Park, Victoria Park, and
Sunrise Plaza in an amount not to exceed $36,087.36. Approved as part of the ,
Consent Agenda.
4. ACTION: MO 7615 rescinding MO 7545 and approving the purchase of one
dedicated CNG Silverado truck for $39,957.22. Approved as part of the Consent
Agenda.
5. ACTION: Continuation of declared local emergency proclaimed on December
29, 2004 and Adopt Resolution No. 21183 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS CONTINUING THE EXISTENCE
OF A LOCAL EMERGENCY." Approved as part[ of the Consent Agenda.
6. ACTION: MO 7616 approving Amendment 1 of A4779 with International Trade
Consultants for a one-year extension for operating a general purpose zone site in
Foreign Trade Zone #236. A4779. Approved as part of the Consent Agenda.
7. ACTION: MO 7617 approving Amendment 1 to A4922 with Simat, Heilliesen &
Eichner, Inc. for business development marketing services through June 30,
2005 in the amount of $75,000. A4922. Approved as part of the Consent
Agenda,
8. ACTION: Adopt Resolution No. 21184 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS APPROVING AN EXTENSION
OF BENEFITS WITH THE PALMS SPRINGS FIRE SAFETY UNIT ("PSFSU")
FOR ENHANCED MILITARY LEAVE BENEFITS IN SUPPORT OF THE
City Council Minutes
January 19,2005
Page 5
DECLARATION OF WAR ON TERRORISM. Approved as part of the Consent
Agenda.
9. ACTION: Adopt Resolution No. 21185 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS APPROVING THE
DISSOLUTION OF THE PUBLIC FACILITIES CORPORATION." Approved as
part: of the Consent Agenda.
10. ACTION: Adopt Resolution No. 21186 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS ESTABLISHING A NEW CITY
ACCOUNTING FUND TO BE NAMED QUIMBY ACT PARK FEE FUND."
Approved as part of the Consent Agenda.
11. ACTION: MO 7618 approving Amendment 6 to A4487 with VSA Airports for
additional engineering services for airfield improvements, commuter apron
rehabilitation, new employee parking lot, and security improvements in the
amount of$243,000. A4487. Approved as part of the Consent Agenda.
12. ACTION: Receive and file Treasurer's Investment Report as of November 30,
2004. Approved as part of the Consent Agenda.
13. ACTION: Adopt Resolution No. 21187 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS SUPPORTING THE PROGRAMS
AND SERVICES PROVIDED BY THE FOUNDATION FOR THE RETARDED OF
THE DESERT." Approved as part of the Consent Agenda.
14. ACTION: MO 7619 approving a request from the Volunteer Center of Riverside
County to provide funding in an amount not-to-exceed $5,564.91 for Countywide
211 Service. Approved as part of the Consent Agenda.
15. Authorizing the City Attorney to prepare a contract services agreement with
Hilton Farnkopf & Hobson, LLC for solid waste consulting services not to exceed
$38,000. Tabled at the request of Staff.
16. ACTION: Adopt Resolution Nos. 21188 and 21189 approving Payroll Warrants
and Claims and Demands. Approved as part of the Consent Agenda, noting
abstentions. `
Abstentions
Councilmember Warrant# PaVee Nature of Conflict
Mills 1002408 Animal Medical Hospital Business Related
' Mills 1002469 Desert Regional Med. Ctr. Business Related
Mills 1002638 Chris Mills Business Related
EXTENDED CONSENT AGENDA: None.
PUBLIC HEARINGS:
17. APPEAL — CASE 5.1012 — PD-300 — TTM 31104 — 640 NORTH INDIAN
CANYON DRIVE — ZONE R-3, SECTION 11 — APN 507-183-006 — SPANISH
INN (CONTINUED FROM DECEMBER 1, 2004) :
Mathew Feske, Principal Planner, provided background information as outlined in
the staff report dated January 19, 2005.
Mayor Oden opened the Public Hearing, and the: following speakers addressed
the City Council:
CATHERINE McMILLAN, Palm Springs, stated the property is not in good
condition and downgrading the community, spoke against the building of
condominiums at this location.
SKIP GOODELL, Cathedral City, presented the City Council with an alternative
resolution requesting approval of the project.
GRAHAM YOUNG, Palm Springs, spoke against the project, stated the owner
has violated the agreement with the City, and the property is blighted.
DAVID MILOT, Palm Springs, spoke against the; project, stated the property is
blighted and the owners do not deserve special consideration.
JIM FRANKLIN, Palm Springs, spoke in support of the project to save one of the
Historic Inns in the area.
TAMMY FRANKLIN, Palm Springs, stated the setbacks are in-line, outlined the
features of the project and spoke in support of the; project.
NEJAT KOHAN, Applicant, stated the Spanish Inn is a unique historic hotel that
need special considerations which should be approved. He stated this process
has taken three-years, and the owners are committed to completing the project in
two-years.
JOE LUISI, spoke in support of the project and the mixed use to retain the
historic value of the property.
DANA STEWART, spoke in support of the Spanish Inn Project with the mixed
use development and restoration.
No further speakers coming forward, Mayor Oden closed the Public Hearing. ,
City Attorney Aleshire provided an update to the City Council in respect to the
current code enforcement violations and actions.
citycouncilMinutes
January 19,2005
Page 7
The City Council recessed at 10:18 P.M.
The City Council reconvened at 10:24 P.M.
Due to a possible conflict of interest, no action was taken by the City Council.
Staff to re-notice a Public Hearing for Wednesday, February 16, 2005.
18. TENTATIVE TRACT MAP 32613 BROWN & WEINER — ONE-LOT
CONDOMINIUM MAP NEAR RAMON ROAD AND CALLE PAROCELA — APN
680-071-004:
Mathew Feske, Principal Planner, provided background information as outlined in
the staff report dated January 19, 2005.
Mayor Oden opened the Public Hearing, and the following speakers addressed
the City Council:
ROBERT RICCIARDI, representing the Applicant, spoke in support of the project
and keeping the traffic in the interior of the complex allowing more than ample
parking.
' No further speakers coming forward, Mayor Oden closed the Public Hearing.
ACTION: Adopt Resolution No. 21190 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS APPROVING TENTATIVE
TRACT MAP 32613, FOR ONE LOT SUBDIVISION OF APPROXIMATELY 5.66
ACRES OF LAND FOR 21 CONDOMINIUM UNITS, LOCATED NEAR RAMON
ROAD AND CAMINO PAROCELA, P ZONE, SECTION 19 APN 680071004"
amending the Public Hearing Date in the Resolution to January 19, 2005 and
adding one condition of approval with regard to basin retention requirements.
Motion Councilmember Pougnet, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
19. 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
(CONTINUED FROM JANUARY 5, 2005):
Alex Myerhoff, Principal Planner, provided background information as outlined in
the staff report dated January 19, 2005.
The public testimony portion of the public hearing was closed on January 5,
2005.
' The City Council outlined concerns and discussed the various components to the
development and the mitigations: rock crushing, rock breaking; noise and dust
impacts, potential alternatives to rock crushing; height, one vs. two story units;
parameter of project with existing neighborhoods; temporary berm and distance
City Council Minutes
January 19,2005
Page S
from rock crushing activities; compliance with the Design Review Committee's
request for photo simulations; possible request that an Environmental Impact
Report be prepared; possible request for additional information/studies on the
impacts to the neighborhood; underground utilities; cul-de-sac radius in hillside
development; width of Racquet Club road; drainage issues; requirements of
"right-of-zone" vs. the Planned Development District (PDD); extension of this
development as an infill project into the current neighborhood; signage within the
development; color curbing; pavers or specialized concrete at entrances, parking
and street signs.
ACTION: Continue the meeting past the tentatively scheduled 11:00 P.M. adjournment
time. Motion Councilmember Pougnet, seconded by Councilmember Mills and
unanimously carried.
ACTION: Adopt Resolution No. 21191 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS ADOPTING A MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM AND
APPROVAL OF CASE NO. 5.0996 FOR PLANNED DEVELOPMENT DISTRICT
294 (PD-294) AND TENTATIVE TRACT MAP 31766 FOR THE
CONSTRUCTION OF A 79-UNIT SINGLE FAMILY RESIDENTIAL
DEVELOPMENT, LOCATED AT 1000 WEST RACQUET CLUB DRIVE, WEST
OF VISTA GRAND, SOUTH OF TRAMWAY ROAD, ON APN 594040046, ZONE
R-1-A, SECTION 3" amending the Resolution by: (1) deleting the paragraphs
indicating the City Council formed a subcommittee, and (2) correct date of
October 15, 2003 for the tentative tract map submissions. Modifying or adding
conditions of approval to include: (1) condition 25 deleting option 1,
incorporating options 2 and 3, and modifying option 2 that dominate roof
ridgelines shall not exceed 18 feet, but projections can be up to 21 feet; (2)
adding a condition that rocks over 3 feet in diameter shall not be crushed on-site;
(3) adding a condition no rock-breaking equipment shall be on-site and rock
crushing shall include on-site watering as necessary to mitigate dust; (3) Adding
a mitigation monitoring condition that weekly inspections shall be performed by
the Building Official on the rock crushing operations, at the option of the Building
Official or if compliance issues are discovered, the Applicant may be required to
post a $10,000. deposit which will be drawn-down to cover the cost of
independent expert inspections in the area of crock crushing and such deposit
shall be supplemented by the Applicant as it is drawn-down; (4) adding a
condition in-lieu of a 4-lane roadway on Racquet Club, a 2-lane road may be
approved the City Engineer, along with a special street landscape plan approved
by the Director of Planning; the Applicant shall provide an appropriate deposit to
install the full street upon subsequent requirement or the deposit shall be
refunded if a full street is not required; (5) condition 45 shall read the "future"
general plan; (6) condition 63 shall delete the concrete, and require the on-site
streets to be constructed using decorative colored concrete or pavers subject to
the review and approval by the Planning Commission; (7) condition 64 shall be
amended to allow alternate methods such as parking signs at the entrance to
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January 19,2005
Page 9
' development subject to approval by the City Engineer; (8) conditions 101 and
102 shall allow the Applicant to creates a sign system reflective of the
neighborhood and area, not necessarily the current city standards, subject to the
approval of the City Engineer. Motion Councilmember Mills, seconded by Mayor
Oden and carried on a roll call vote:
AYES:Councilmember Mills, Mayor Pro Tern McCulloch, Mayor Oden.
NOES: Councilmember Foat and Councilmember-Pougnet.
ABSTAIN: None.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
Mayor Oden requested that staff place an item on a future agenda for CVA meeting
extending the boundaries to include the Morango Cabizon Outlets.
Mayor Pro Tern McCulloch commented on the public comments made outside the
subject matter jurisdiction of the City Council; the public signs on the camera at the
meeting and mocking from the public.
LEGISLATIVE ACTION:
' 20. PLACEMENT OF ARTWORK ON PRIVATE PROPERTY AND GRANT OF
EASEMENT:
ACTION: MO 7620 Approving an agreement for placement of artwork on private
property and grant of easement between the City of Palm Springs and the Agua
Caliente Development Authority (ACDA), and reimbursement of art fee in the
amount of $9,300. A5028. Motion Councilmember Pougnet, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
ADDITIONAL LEGISLATIVE ITEMS: None.
ADDED STARTERS: None.
REPORTS & REQUESTS:
A. CITY COUNCIL REPORTS OR REQUESTS:
Mayor Oden reported on the recent delegation of Korean Governors at City Hall.
Councilmember Foat requested the City Manager investigate and report on
helicopter activity; commented on the Neighborhood Organization proposal and
' ordinance.
Mayor Oden commented on the Martin Luther King Day celebrations throughout
the City.
CityCouncilMinutes
January 19,2005
Page 10
B. PUBLIC REPORTS OR REQUESTS: '
DANA STEWERT, Palm Springs, reiterated her earlier comments regarding Item
19 on the Agenda.
C. STAFF REPORTS OR REQUESTS: None.
21. HUMAN RIGHTS COMMISSION APPOINTMENT:
ACTION: Appoint Barbara Barrett to the Human Rights Commission for the un-
expired term ending June 30, 2006. Motion Councilmember Mills, seconded by
Mayor Pro Tern McCulloch and unanimously carried.
22. RESIGNATION OF PLANNING COMMISSIONER:
ACTION: 1) Accept letter of resignation from Jerry Grence; and 2) Direct the
City Clerk to post a Notice of Vacancy. Motion Councilmember Mills, seconded
by Councilmember Pougnet and unanimously carried.
23. DESIGNATE TWO COUNCILMEMBERS TO A CITY MANAGER'S
DOWNTOWN URBAN DESIGN COMMITTEE:
ACTION: Designate Councilmember Pougnet and Councilmember Mills to the
City Manager's Downtown Urban Design Committee. Motion Councilmember
Pougnet, seconded by Mayor Pro Tern McCulloch i and unanimously carried.
ADJOURNMENT: The City Council adjourned at 12:38 A.M. on January 20, 2005 to a
Joint meeting of the City Council and the Agua Caliente Tribal Council on Thursday,
January 20, 2005 at 6:00 P.M., Palm Springs Convention Center, Springs Room. The
next City Council study session will be at 7:00 P.M. on Wednesday, January 26, 2005 at
7:00 P.M., 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.
Mayory
Attest:
/9(ty Clerk