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Home My WebLink About2005-02-02 CC MINUTES PALM SPRINGS CITY COUNCIL REGULAR MEETING MINUTES ' WEDNESDAY, FEBRUARY 2, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 7:03 P.M. Immediately prior to the Regular Meeting, Mayor Oden announced a special presentation and swearing in of new City Attorney Holland. 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 Holland, City Clerk Thompson, City Treasurer Kanarr. PLEDGE OF ALLEGIANCE: Boy Scout Troop 262 led the Pledge. INVOCATION: Father Green, Church of Saint Paul in the Desert led the Invocation. PRESENTATIONS: Police Chief Gary Jeandron and staff presented an award to the City of Palm Springs for the Operation Santa Claus and PAL Program. Mayor Oden and the City Council proclaimed the week of February 3-9, 2005 as Burn Awareness Week in the City of Palm Springs, and presented a Proclamation to David Berg, Palm Springs Shriners Club. Mayor Oden and the City Council proclaimed the month of February 2005, as Black History Month in the City of Palm Springs and presented a Proclamation to Delphia White, President Black History Committee. Mayor Oden and the City Council proclaimed February 7, 2005 as National Black HIV/AIDS Awareness and Information Day in the City of Palm Springs, and presented a Proclamation to Delphia White, President Black History Committee. REPORT OF POSTING OF AGENDA: City Clerk Thompson reported that the City Council Agenda for the February 2, 2005 meeting was posted on Friday, January 28, 2005 in accordance with established policies and procedures. City Clerk Thompson stated the City Council received additional materials from staff on Items 8.1 and 13, and additional public testimony on Public Hearing Item 10, which staff is recommending be tabled and re-noticed. ' CLOSED SESSION REPORT: City Attorney Holland reported that at 5:30 P.M. 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. ctycouncnMinutes February 2.2005 Page 2 The City Council recessed at 7:23 P.M. as the Community Redevelopment Agency. The City Council reconvened at 7:26 P.M. PUBLIC COMMENTS: HAROLD STONE, Palm Springs, commented on recent helicopter activity over his home, stated the helicopters were not military. SHELLY SAUNDERS, Palm Springs, stated there are no current projects built under current laws in the proposed Mountain Preservation area; spoke against Measure B on the upcoming March 8, 2005 election. VIC GAINER, Palm Springs, stated he has been misquoted on his comments in support of Measure B on the March 8, 2005 election; stated his support of Measure B. TIM ALBERT, Palm Springs, spoke against the 5000/6 increase in transient parking permit fees at the Palm Springs airport, and the lack of communication with the public users. NANCY STUART, Palm Springs, provided the City Council an update on the activities of the Board at the Tram; explained the ramifications of Measure B; if passed, to the Palm Springs Tram. MATILDE JONES, Palm Springs, commented on the letter from the San Jacinto Winter Park Authority; suggested patrons park Downtown and shuttle to the Tram. CONSENT AGENDA: Councilmember Mills abstained on Warrant Nos. 1002795, 1002693, 1002694. Councilmember Mills and Councilmember Pougnet noted a correction to the November 10, 2004 Minutes by correcting the vote on Items in those minutes 1.A 1.B 1.C., as 4-1- 0 with Councilmember Foat voting no on those items listed in the minutes. Councilmember Foat noted her abstention on the minutes dated December 15, 2005 Minutes on Consent Agenda Item No. 1. Councilmember Foat requested Item 7 be removed from the Consent Agenda for separate discussion. Mayor Oden noted his abstention on the minutes dated October 27, 2004 and November 17, 2004 on Consent Agenda Item No. 1. City Manager Ready requested Consent Agenda Item No. 3 be removed from the ' Consent Agenda for separate discussion. CityCouncilMinutes February 2,2005 Page 3 ACTION: Approved Consent Agenda Item Nos. 1 (as amended), 2, 4, 5, 6, 8, 8.1, 8.2, 8.3. Motion Councilmember Foat, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 1. ACTION: Approve Minutes from the a) October 27, 2004, b) November 10, 2004, c) November 17, 2004, d) December 15, 2004, e) January 5, 2005, f) January 12, 2005, g) January 19, 2005, h) January 20, 2005, and i) January 26, 2005 City Council meetings. Approved as part of the Consent Agenda as amended correcting the vote on the November 10, 2004 minutes Items 1.A., 1.6, and 1.0 to 4-1-0 with Councilmember Foat as voting no on those items in the minutes; noting the abstention of Councilmember Foat on the December 15, 2004 minutes, noting the abstention of Mayor Oden on the October 27, 2004 and the November 17, 2004 minutes. 2. ACTION: Adopt Resolution No. 21194 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA PROCLAIMING THE TERMINATION OF THE LOCAL EMERGENCY BY THE CITY MANAGER ON DECEMBER 29, 2004 AND RATIFIED BY THE CITY COUNCIL ON JANUARY 5, 2005." Approved as part of the Consent Agenda. 3. Approving Amendment No. 2 to Agreement No. 3613 with the Palm Springs Air Museum for parcel Nos. 134 and 135 adding 9 acres to the leasehold in a form acceptable to the City Attorney and subject to final approval by the Federal Aviation Administration. A3613. See Extended Consent Agenda. 4, ACTION: Approve MO 7622, approving and adopting the specifications and authorize advertisement for construction bids for the FY 2004/2005 Annual Slurry Seal, CP 05-02. Approved as part of the Consent Agenda. 5. ACTION: Approve MO 7623, waiving the $1,000 fee for the rental of closed Taxiway A at the Palm Springs International Airport, for use by the Palm Springs Corvette Club on April 16 and 17, 2005, in exchange for promotional and media coverage listing the City of Palm Springs and Palm Springs International Airport as a sponsor. Approved as part of the Consent Agenda. 6. ACTION: Approve MO 7624, approving a lease agreement with Sierra Aviation Group for the exclusive use of space at the Palm Springs International Airport through January 31, 2008 with two (2) one-year options. A5033. Approved as part of the Consent Agenda. 7. Amending and restating A4554 with the Palm Springs Unified School District through June 30, 2006, for a full-time Family Intervention Officer (civilian) to administer the school community policing partnership grant. A4554. See Extended Consent Agenda. CityCouncilMinutes February 2,2005 Page 4 8. ACTION: Adopt Resolution Nos. 21195, 21196, and 21197 approving Payroll Warrants and Claims and Demands. Approved as part of the Consent Agenda noting abstentions. Abstentions: Councilmember Warrant# Payee Nature of Conflict Mills 1002795 PS Unified School Dist. Business Related Mills 1002693 Animal Medical Hosp. Business Related Mills 1002694 Animal Medical Hosp. Business Related 8.1. ACTION: Approve MO 7626 approving and 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. A5034. Approved as part of the Consent Agenda. 8.2. ACTION: Approve MO 7627 approving certain amendments to the Joint Powers Authority Agreement for the Palm Springs Dessert Resorts Convention and Visitors Authority. A2660. Approved as part of the Consent Agenda. 8.3. ACTION: Approve MO 7628 approving a license agreement with Canyon National Bank for a Downtown Automated Teller Machine. A5035. Approved as part of the Consent Agenda. EXTENDED CONSENT AGENDA: 3. PROPOSED AMENDMENT TO THE AGREEMENT WITH PALM SPRINGS AIR MUSEUM FOR PARCEL NOS. 134 AND 135: Richard Walsh, Director of Aviation, provided background information as outlined in the staff report dated February 2, 2005. Director Walsh added that the Airport Commission approved the staff recommendation but desired to include a provision for the termination of the lease on parcel 135 if substantial development does not start within 5 years. ACTION: Approve MO 7621 Approving Amendment No. 2 to Agreement No. 3613 with the Palm Springs Air Museum for parcel Nos. 134 and 135 adding 9 acres to the leasehold in a form acceptable to the City Attorney and subject to final approval by the Federal Aviation Administration but amending the Amendment No. 2 to the agreement to include a provision for the termination of the lease on parcel 135 if substantial development does not start within 5 years. A3613. Motion Councilmember Pougnet, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote. City Council Minutes February 2,2005 Page 5 Councilmember Mills stated he had a conflict of interest on Item No. 7; would not participate in the discussion or the vote and left Council Chamber. 7. AMENDING AND RESTATING A4554 WITH THE PALM SPRINGS UNIFIED SCHOOL DISTRICT THROUGH JUNE 30, 2006: Gary Jeandron, Police Chief, provided background information as outlined in the staff report dated February 2, 2005. ACTION: Approve MO 7625, amending and restating A4554 with the Palm Springs Unified School District through June 30, 2006, for a full-time Family Intervention Officer (civilian) to administer the school community policing partnership grant. A4554. Motion Councilmember Foat, seconded by Councilmember Pougnet and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Pougnet, Mayor Pro Tern McCulloch, Mayor Oden. NOES: None. ABSENT: Councilmember Mills. Councilmember Mills returned to Council Chamber. ' PUBLIC HEARINGS: 9. TENTATIVE TRACT MAP 31940 — CASE NO. 5.1020 — PD 304 - PALM SPRINGS MODERN HOMES IV - NW CORNER OF RACQUET CLUB ROAD AND ZANJERO ROAD - APN 504-140-005, 504-140006, AND 504-140-015: Gary Wayne, Interim Director of Planning, provided background information as outlined in the staff report dated February 2, 2005. Mayor Oden opened the Public Hearing and the following speakers addressed the City Council: MARVIN ROOS, stated the project is an innovative design well within the limits of an R-2 zone, stated his support working through the conditions with City staff. DENNIS CUNNINGHAM, representing Palm Springs Homes, stated the Buyers drive the design of the project. No further speakers coming forward, Mayor Oden closed the Public Hearing. The City Council discussed the requirement for individual pools vs. landscaping, phasing of the project, price point. ' ACTION: Adopt Resolution No. 21198 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING City Council Minutes February 2,2005 Page 6 CASE NO. 5.1020 FOR PLANNED DEVELOPMENT DISTRICT 304 AND ' TENTATIVE TRACT MAP 31940 TO SUBDIVIDE A 4.97 ACRE SITE INTO FORTY-THREE (43) LOTS AND LETTERED LOTS "A" "I" FOR THE CONSTRUCTION OF FORTY-THREE (43) DETACHED SINGLE-FAMILY RESIDENCES AND ASSOCIATED OFF-SITE IMPROVEMENTS, INCLUDING APPROVAL OF THE PROPOSED SPECIAL (MODIFIED) 50 FOOT RIGHT-OF- WAY FOR ZANJERO ROAD, LOCATED AT THE NORTHWEST CORNER OF RACQUET CLUB ROAD AND ZANJERO ROAD, ON APN'S 504-104-005, 504- 140-006 AND 504-140-015, ZONE R-2, SECTION 3;" as amended by deleting condition 15. Motion Councilmember Pougnet, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote. 10. TENTATIVE TRACT MAP 31095 — CASE NO. 5.0973 — PD 304 - THE BOULDERS — WESSMAN DEVELOPMENT - 751 WEST VIA ESCULEA — APN's 504-150-002, 504-150-008, AND 504-150-009: ACTION: Table with no Public Testimony, direct staff to re-notice the Public Hearing. By consensus of the City Council. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Mayor Oden commented on the recent activities of the Mayor's office; commented on the recent Human Rights Commission forum, announced the Art Reception and Open ' house at City Hall on February 3, 2005, Mayor's State of the City address on February 9, 2005 and a Convention Center topping off ceremony on February 9, 2005. LEGISLATIVE ACTION: None. ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None. REPORTS AND REQUESTS: CITY COUNCIL REPORTS OR REQUESTS: Councilmember Foat made a second request to receive a report on helicopter noise. Councilmember Foat requested regular updates and status report regarding transient parking fees at the Palm Springs Airport. City Manager Ready stated the Airport Commission will be hearing, and acting on, the transient parking fees at the Palm Springs Airport. , City Council Minutes February 2,2005 Page 7 ' Mayor Oden commented on the process of the transient parking fees at the Palm Springs Airport. PUBLIC REPORTS OR REQUESTS: DANA STEWART, Palm Springs, submitted written comments on the Boulders project. STAFF REPORTS OR REQUESTS: 11. PROPOSED RESOLUTION APPROPRIATING $65,000 FOR ADMINISTRATION AND COSTS ASSOCIATED WITH THE MARCH 8, 2005 ELECTION: City Clerk Thompson provided background information as outlined in the staff report dated February 2, 2005. ACTION: Adopt Resolution No. 21199 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE BUDGET FOR FISCAL YEAR 2004-05 TO APPROPRIATE FUNDS FOR THE MARCH 8, 2005 SPECIAL ELECTION." Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a ' roll call vote. Councilmember Mills stated he had a conflict of interest due to business related property within 400 feet, would not participate in the discussion or vote, and left Council Chamber. 12. CONVENTION CENTER CONTINGENCY DRAW-DOWN: Allen Smoot, Convention Center Project Administrator, provided background information as outline in the staff report dated February 2, 2005. ACTION: Adopt Resolution No. 21200 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA AUTHORIZING THE DRAW-DOWN OF UP TO $460,000 FROM THE CONVENTION CENTER PROJECT CONTINGENCY FUND FOR EXPANDED SCOPE ITEMS." Motion Councilmember Pougnet, seconded by Mayor Pro Tern McCulloch and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Pougnet, Mayor Pro Tern McCulloch, Mayor Oden. ' NOES: None. ABSENT: Councilmember Mills. City Council Minutes February 2,2005 Page 8 Councilmember Mills returned to the dais. , 13. APPOINTMENT TO THE PLANNING COMMISSION: City Clerk Thompson provided background information as outlined in the staff report dated February 2,2005. ACTION: Appoint Toni Ringlein to the Planning Commission to fill a vacancy for the un-expired term ending June 30, 2007. Motion Councilmember Mills, seconded by Mayor Pro Tem McCulloch and carried on a roll call vote. AYES: Councilmember Mills, Mayor Pro Tern McCulloch, Mayor Oden. NOES: Councilmember Foat, Councilmember Pougnet. ADJOURNMENT: The City Council adjourned at 8:56 P.M. to a City Council/Cabinet Study Session at 7:00 P.M., Wednesday, February 9, 20�05, City Hall Large Conference Room, preceded by a Closed Session at 5:30 P.M., City (Hall Small Conference Room. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 2nd DAY OF MARCH, 2005. Mayor Attest: ;(5i- Clerk — _,