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HomeMy WebLinkAbout2005-03-02 CC MINUTES PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, MARCH 2, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 7:08 p.m. PLEDGE OF ALLEGIANCE: City Clerk Thompson led the Pledge. INVOCATION: Pastor Jim Griffes, Palm Springs Presbyterian Church led the Invocation. 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. PRESENTATIONS: Charles Robles, General Manager, Parker Hotel, presented a check to the City Council in the amount of $7,000 for the Visitor Center Sign from the adopt a Rose Bush ' program. APPROVAL OF THE AGENDA: Councilmember Mills noted his abstention on Community Redevelopment Agency/City Council Item RA3 due to property ownership. Councilmember Foat noted her abstention on Community Redevelopment Agency/City Council Item RA3 due to property ownership. ACTION: Approve the Agenda as presented. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 5:00 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. 1. PUBLIC HEARINGS: 1.A. TENTATIVE TRACT MAP 28668 — APPLICATION BY EDITH ARMSTRONG TOOR TO SUBDIVIDE 4.48 ACRES OF LAND INTO SIX SINGLE FAMILY RESIDENTIAL LOTS — WEST OF ROSE AVENUE AT CORONADO AVENUE -ZONE R-1-A, SECTION 10 ACTION: Table with no public testimony, direct staff to re-notice the Public Hearing. By consensus of the City Council. City Council Minutes March 2,2005 Page 2 I.B. CASE NO. 5.0973 PD-287 TTM 31095 — APPLICATION BY WESSMAN DEVELOPMENT FOR A PRELIMINARY PLANNED DEVELOPMENT DISTRICT (NO. 287) AND TENTATIVE TRACT MAP 31095 TO SUBDIVIDE 30.4 ACRES INTO 46 RESIDENTIAL LOTS, WITH 38 GRADED LOTS AND EIGHT UNGRADED LOTS FOR FUTURE DEVELOPMENT AS SINGLE FAMILY RESIDENCES, WITH A PRELIMINARY PLANNED DEVELOPMENT DISTRICT TO ALLOW A REDUCTION IN MINIMUM INTERIOR LOT WIDTH FROM 120' TO 110', A REDUCTION IN MINIMUM CORNER LOT WIDTH FROM 140' TO 121', REDUCED FRONT YARD SETBACKS FROM 25' TO 15' WITH SIDE ENTRY GARAGES, AND WITH LIMITED 25' MAXIMUM BUILDING HEIGHTS IN THE HILLSIDE AREA, LOCATED AT 751 WEST VIA ESCUELA, SOUTH OF SANBORN WAY AND NORTH OF CHINO CANYON DRIVE, ZONE R-1-A, SECTION 3, APN NOS. 504-150-002, 504-150-008 AND 504-150-009: Alex Meyerhoff, Principal. Planner, provided background information as outlined in the staff report dated March 2, 2005. Mayor Oden opened the Public Hearing and the following speakers addressed the City Council. JOHN WESSMAN, Palm Springs, Applicant, provided an overview of the ' project. He commented on the modifications he made to the project based on the public and Planning Commission input. Stated they started with 56 lots and have reduced down to 46 lots, also reductions in lot size and density. Commented on the enhancements of egress and ingress for the development. JOHN GOODRICH, Palm Springs, presented a folder including the neighborhood report of the project. Requested the Council deny the project in its present form. RODNEY DREW, Palm Springs, commented on rock crushing on the site, stated the redesign is only 5-days old. Requested the City Council deny the project. WALTER BAUMHOFF, Palm Springs, commented on the retention basins, the water tanks and the effect of rock crushing on the water tanks. JOHN MACON, Palm Springs, spoke regarding the changing of the character of the community; commented on the use of Chino Canyon Road for this development. ANDY LINSKY, Palm Springs, commented on the substantial redesign in ' the last two weeks with no public notice; stated the City lacks rules on hillside development and evidence exists for an EIR to be prepared. City Council Minutes March 2,2005 Page 3 ' VIC GAINER, Palm Springs, commented on other developments by the Applicant. FRANK GAYDOS, Palm Springs, commented on rock crushing and terracing the mountainsides, requested an EIR be prepared. CHARLES SACHS, Palm Springs, commented on air quality and the impacts due to his health. GREG DAY, Palm Springs, stated his concerns regarding the rock grinding and health issues, requested an EIR be prepared. MARTHA HIGGINS, Palm Springs, spoke about a fungus Coccidiodes immitis "Valley Fever" stated there is no evidence the fungus will be an impact. JOANNE FUTERER, Palm Springs, expressed her concerns with air quality and impacts for those in poor health; commented on rock crushing. CAROLE SUKMAN, Palm Springs, requested the City Council delay a decision until after the election; commented on traffic, other developments. ' MARVIN ROOS, Palm Springs, commented on the gate at Via Escuela, condition 24 grading and pads, condition 29 retaining walls, requested the approval to leave cul-de-sac as-is, and condition 80 fill slopes. ROXANN FLOSS, Palm Springs, commented on the negative aspects of the project, provided written testimony regarding population growth. KAY HAZEN, Palm Springs, stated the developer could build a great development on this site, but this is not it. Requested the City Council delay the decision and come-up with a project that is acceptable. ATSON REEDER, Palm Springs, commented on the health aspects of rock crushing. KIM MCNULTY, read a letter from Jon Caffery, President of the Palm Springs Economic Development Corporation's support of the project. RICHARD OPLER, requested further study and requested an EIR be prepared; commented on rock crushing, grading and sloping. RICHARD SIMON, Palm Springs, commented on the community ' participation; stated the Council should not base any decisions regarding this project based on economic factors, stated his opposition. City Council Minutes March 2,2005 Page 4 DANA STEWART, Palm Springs, stated the Developer, the Planning ' Commission and the City Council have ignored her concerns; commented on sustainable development. EMILY HEMPHILL, stated the project is consistent with the General Plan; outlined the public benefits to the project; stated the Developer is not getting any special treatment and the Developer has tried to comply with the public requests. HAN GIROUX, Palm Desert, outlined some of the points of the latest redesign for the mitigation of rock crushing and air quality. GLADYS KRENEK, Palm Springs, stated no tract houses should be allowed in Chino Canyon; stated her opposition to the project. SAM SPINELLO, Indian Well's, stated his support of smart growth, such as the proposed project; outlined some of the other projects of the developer. PADNREIA OTT, Palm Springs, stated her opposition of the development; commented on the streets that will access the development. JANE SMITH, Palm Springs, stated the city is ignoring, bending or downgrading Federal, State, County and City laws. ' JOHN MARTIN, Palm Springs, stated the downtown needs help; stated the need to push hillside development is not needed to support the downtown; commented on health aspects. JOHN WESSMAN, Palm Springs, Applicant, commented on tract homes in the area, and further outlined changes that were made by the Planning Commission. No further speakers coming forward, Mayor Oden closed the Public Hearing. The City Council recessed at 9:19 P.M. The City Council reconvened at 9:35 P.M. The City Council commented on or discussed the following aspects of the project: rock crushing, noise and air quality impacts from rock crushing, EIR preparation due to the existence of public controversy surrounding the project, temporary relocation of surrounding neighbors with health issues, postponement of the Council decision and send back to the Planning Commission for the best project of the subject property, gated project, , public access to documents and information, all components of the project allowed by the General Plan, infill projects not needing an EIR, requesting independent study on rock crushing, height limit, storing rocks on location and returning them after construction, traffic patterns and circulation. City Council Minutes March 2,2005 Page 5 ' ACTION: 1) Continue the Public Hearing to March 16, 2005; and 2) Direct staff to obtain an independent study on rock crushing. Motion Councilmember Mills, seconded by Mayor Oden and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Mills, Councilmember Pougnet, and Mayor Oden. NOES: Mayor Pro Tern McCulloch. PUBLIC COMMENT: ROBERT R. VAN ETTER, Palm Springs, stated his support on Measure B and opposition to Measure C on the upcoming election. KEN FEENSTRA, Palm Springs, commented on the history and the development needed to sustain downtown; state his opposition on Measure B. DENNIS CUNNINGHAM, stated his opposition to Measure B and support of Measure C. CARRIE ALLAN, Palm Springs, stated there is a social element to the General Plan, and all parties were involved in the process; commented on Measures B and C. ' WILLIE HOLLAND, Palm Springs, commented on the youth issues and Desert Highland Park. ROMAN PELLUM, Palm Springs, commented on the new "Planting Seeds Program" with youth services. JOY MEREDITH, Palm Springs, commented on public awareness; stated her opposition to Measure B and support of Measure C. SCOTT MEREDITH, Palm Springs, spoke in support of Consent Calendar Item 2.1-1. regarding VillageFest Budget Amendment. DENNIS PAULIN, Palm Springs, commented on the increase in transient parking fees at the Palm Springs Airport. STEVE NICHOLS, Palm Springs, commented on Measures B and C on the upcoming election; stated his opposition to Measure B. DANA STEWART, Palm Springs, continued her comments on the Item I.B. outside of the public hearing; stated her support for Measure B and opposition to Measure C. THOMAS VAN ETTEN, Palm Springs, stated the Fashion Plaza is problematic and the perceptions with regard to the Developer. APRIL HILDNER, stated her support for Measure B. City Council Minutes March 2,2005 Page 6 FRANK GAYDOS, Palm Springs, commented on Section 14, the Fashion Plaza, , downtown revitalization; stated his support for Measure B and opposition to Measure C. ERNIE VINCENT, Palm Springs, commented on Measure B and a recent article in the Desert Sun regarding fundraising for the Election, stated his opposition to Measure B. COUNCILMEMBER COMMENTS AND REQUESTS: Councilmember Pougnet stated that Palm Springs has been losing population and commented on urban sprawl. Councilmember Foat announced a tax assistance and refund program for low income residents through CVAG, commented on the "Eyes Wide Open" event on March 13. Mayor Oden commented on a recent tour of students from El Cielo Vista School, and the Walk-A-Stars proclamation and program, mentioned activities of Black History Month and parade and the Forum on Measures B and C. Mayor Oden announced the activities of the Mayor's Office and the events attended by the Mayor. Mayor Oden requested the City Manager place on a future Study Session agenda, a discussion of the League of California Cities proposal on modifications to CDBG. Mayor Pro Tem McCulloch requested clarification regarding the continuation of the ' Public Hearing Item 1.B. Councilmember Mills commented on the Urban Design Workshop. ACTION: Continue the meeting past the tentative 11:00 PM adjournment time. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried. CITY MANAGER'S REPORT: No report. The City Council recessed at 11:10 P.M. as a Joint Meeting of the City Council and the Palm Springs Community Redevelopment Agency. JOINT MEETING CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY PUBLIC HEARING: RA1. FIRST AMENDMENT TO A0458C AN EXISTING DISPOSITION AND DEVELOPMENT AGREEMENT WITH K. HOVNANIAN COMPANIES OF CALIFORNIA, INC., A SUCCESSOR IN INTEREST TO BURNETT DEVELOPMENT CORPORATION TO ALLOW THE SALE OF A 1.06 ACRE PARCEL OF AGENCY-OWNED LAND: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated March 2, 2005. City Council Minutes March 2,2005 Page 7 ' Mayor Oden opened the Public Hearing, and no speakers coming forward the Public Hearing was closed. ACTION: Adopt Resolution No. 21218, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY REGARDING THE APPROVAL OF THE FIRST AMENDMENT TO A0458C A DISPOSITION AND DEVELOPMENT AGREEMENT WITH K. HOVNANIAN COMPANIES OF CALIFORNIA, INC., SUCCESSOR TO THE INTERESTS OF BURNETT DEVELOPMENT CORPORATION UNDER THE DISPOSITION AND DEVELOPMENT AGREEMENT, FOR THE PURCHASE AND DEVELOPMENT OF A 1.06± ACRE OF AGENCY-OWNED LAND KNOWN AS LOT 'C' REMAINDER." Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. CONSENT CALENDAR: ACTION: Approve Item RA3. Motion Mayor Pro Tern McCulloch, seconded by Councilmember Pougnet and carried noting the abstentions of Councilmember Mills and Councilmember Foat. RA3. TEMPORARY LOAN FROM THE CITY OF PALM SPRINGS TO MERGED ' PROJECT AREA NO, 1 IN THE AMOUNT OF 1370,1100 FOR THE PURPOSE OF FACILITATING VIP MOTORS LAND SWAP: ACTION: 1) Adopt Resolution No. 21219, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2004-05 FISCAL YEAR." Approved as part of the Consent Calendar, noting the abstentions of Councilmember Mills and Councilmember Foat. The Joint Meeting of the City Council and the Palm Springs Community Redevelopment Agency adjourned at 11:13 P.M., the City Council continued. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E, 2.F., 2.G., 2.H., and 2.1. Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and File Report on the Posting of the Agenda, March 2, 2005 City Council Agenda. Approved as part of the Consent Calendar. 2.B. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of December 1, 2004, ' February 2, 2005, February 9, 2005, February 16, 2005, and February 23, 2005. Approved as part of the Consent Calendar. 2.C. TENTATIVE PARCEL MAP 30581 — APPLICATION BY STROKE ACTIVITY CENTER FOR A TIME EXTENSION TO SEPTEMBER 18, City Council Minutes March 2,2005 Page 8 2005 FOR THE SUBDIVISION OF APPROXIMATELY FOUR ACRES OF LAND INTO TWO PARCELS ON THE NORTHEAST CORNER OF ALEJO ROAD AND COMMERCIAL ROAD, ZONES PD158 AND M-1-P, SECTION 12: ACTION: Adopt Resolution No. 21220 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM SEPTEMBER 18, 2004 TO SEPTEMBER 18, 2005 FOR TENTATIVE PARCEL MAP 30581 TO SUBDIVIDE APPROXIMATELY FOUR ACRES OF LAND INTO TWO PARCELS ON THE NORTHEAST CORNER OF ALEJO ROAD AND COMMERCIAL ROAD, ZONES PD-158 ,AND M-1-P, SECTION 12." Approved as part of the Consent Calendar. 2.D. AWARD OF CONTRACT FOR CAMINO AMAPOLA AND CAMINO PRIMROSE STREET IMPROVEMENTS: ACTION: Approve Minute Order No. 7640 Awarding Contract to International Pavement Solutions in the amount of $184,784.50 for Bid Schedules A and B and Additive Bid Schedules C and D, for the Camino Amapola and Camino Primrose Street Improvements, City Project No. 04- 11. A5045. Approved as part of the Consent Calendar. 2.E. REQUEST FROM PUBLIC ARTS COMMISSION TO PURCHASE A SCULPTURE ENTITLED 'WAVE OF RHYTHMS' BY JOHN MISHLER IN THE AMOUNT OF $30,000: ACTION: 1) Approve Minute Order No. 7641 approving the request from the Public Arts Commission to purchase a sculpture entitled 'Wave Rhythms' by John Mishler for $30,000; 2) authorizing the City Attorney to prepare an agreement for Purchase and Sale of Public Artwork and approving the agreement; and 3) Authorize the City Manager to execute all necessary documents. A5046. Approved as part of the Consent Calendar. 2.17. SECOND READING AND ADOPTION OF ORDINANCE NO. 1665 MODIFYING THE COMMENCEMENT OF REGULAR COUNCIL MEETINGS: ACTION: Waive further reading and adopt Ordinance No. 1665, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.04.010 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE TIME FOR THE COMMENCEMENT OF REGULAR MEETINGS OF THE CITY COUNCIL." Approved as part of the Consent Calendar. 2.G. REIMBURSEMENT AGREEMENT WITH THE COUNTY OF RIVERSIDE, CITY OF CATHEDRAL CITY, AND CITY OF DESERT HOT SPRINGS FOR INTERIM IMPROVEMENTS FOR PALM DRIVE AND DATE PALM DRIVE/INTERSTATE 10 INTERCHANGES: ACTION: Approve Minute Order No. 7642 authorizing the reimbursement agreement with the County of Riverside, City of Cathedral City, and City of City Council Minutes March 2,2005 Page 9 ' Desert Hot Springs for interim improvements for Palm Drive and Date Palm Drive/Interstate 10 interchanges for a total project cost not to exceed $1,550,000. A5047. Approved as part of the Consent Calendar. 2.H. PROPOSED VILLAGEFEST BUDGET AMENDMENT: ACTION: Adopt Resolution No. 21221 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2004-05 FISCAL YEAR TO APPROPRIATE $20,000 FROM THE VILLAGEFEST FUND BALANCE TO THE VILLAGEFEST ADVERTISING ACCOUNT." Approved as part of the Consent Calendar. 2.1. APPROVAL OF PAYROLL WARRANTS: ACTION: Adopt Resolution No. 21222 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED FEBRUARY 12, 2005." Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: None. 3, LEGISLATIVE: None. ' 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: 5.A. APPOINTMENT TO THE HISTORIC SITE PRESERVATION BOARD TO FILL UNEXPIRED TERM ENDING JUNE 30, 2005: City Clerk Thompson provided background information as outlined in the staff report dated March 2, 2005. ACTION: Continue until further directed by the City Council Sub- Committee. By consensus of the City Council. COUNCILMEMBER COMMENTS AND REPORTS: None. Councilmember Mills commented on the possibility of starting the March 16, 2005 City Council meeting at 6:00 P.M. ACTION: Reconsider Action for Public Hearing Item I.B. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried. ' ACTION: Continue Public Hearing Item I.B. to Wednesday, March 16, 2005 at 6:00 P.M.. and direct the City Clerk to post a Notice of Continued Public Hearing. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried. City Council Minutes March 2,2005 Page 10 ADJOURNMENT: The City Council adjourned at 11:15 P.M. to a City Council Study Session and Adjourned Regular Meeting at 7:00 P.M.., Wednesday, March 9, 2005, ' Council Chamber, preceded by a Closed Session at 6:00 P.M., City Hall Small Conference Room, 3200 Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 6th DAY OF APRIL, 2005. Mayor ATTEST: Y11tyClerk 1