HomeMy WebLinkAbout2005-03-16 CC MINUTES PALM SPRINGS CITY COUNCIL
MINUTES
' WEDNESDAY, MARCH 16, 2005
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Oden called the meeting to order at 6:07 P.M.
ROLL CALL: (All Agencies)
PRESENT: Councilmember Foat, Councilmember Mills, Councilmember
Pougnet, Mayor Pro Tern McCulloch, Mayor Oden.
1. CONTINUED PUBLIC HEARING:
1.A. 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: 1) Continue the Public Hearing to April 6, 2005 with no public
testimony; and 2) Direct the City Clerk to post a Notice of Continued
Public Hearing. Motion Councilmember Foat, seconded by
Councilmember Mills and unanimously carried.
The City Council recessed into Closed Session at 6:09 P.M.
' 7:00 P.M. CITY COUNCIL REGULAR MEETING
CALL TO ORDER: Mayor Oden reconvened the meeting at 7:09 P.M.
PLEDGE OF ALLEGIANCE: United States Air Force Auxiliary Civil Air Patrol Color
Guard, stationed at the Palm Springs Air Museum, led the Pledge.
INVOCATION: Rev. Hank Bates, Desert Cities Community Church of Religious Science
led the Invocation.
ROLL CALL: (All Agencies)
PRESENT: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern
McCulloch, Mayor Oden.
ABSENT: Councilmember Foat.
ALSO PRESENT: City Manager Ready, Assistant City Manager Butzlaff, City Attorney
Holland, City Clerk Thompson.
PRESENTATIONS:
The California Highway Patrol and the Automobile Club presented 10851 awards to
Officer Denise Judd and Officer Simon Min.
' City Manager Ready presented to the City Council Steve Zehr, new Deputy Director
Operations and Maintenance, at the Palm Springs International Airport.
City Council Minutes
March 16,2005
Page 2
APPROVAL OF THE AGENDA: ,
Councilmember Mills noted his abstention on warrant number 1003549, Consent Item
No. 2.1., as business related.
Mayor Pro Tern McCulloch noted his abstention on warrant number 1003589, Consent
Item No. 2.1. as business related,
City Clerk Thompson stated that at the request of the Miss. Teen Organization, the City
Manager requested that Item 5.A. be withdrawn from the agenda.
City Clerk Thompson noted that the correct contract amount for Item 4.A. is $49,525. as
indicated in the staff report.
ACTION: Approve the Agenda as amended. Motion Councilmember Mills, seconded
by Mayor Pro Tern McCulloch and unanimously carried.
REPORT OF CLOSED SESSION:
City Attorney Holland reported that at 6:00 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: ,
I.B. CASE 5.0830 PD-260 - APPEAL BY FAIRFIELD RESORTS OF THE
PLANNING COMMISSION'S DECISION THAT THE FINAL
DEVELOPMENT PLANS ARE NOT IN SUBSTANTIAL CONFORMANCE
WITH THE PRELIMINARY PLANNED DEVELOPMENT DISTRICT FOR
THE STAR CANYON RESORT - 961 SOUTH PALM CANYON DRIVE, -
ZONES W-C-1 AND W-R-3, SECTIONS 22 AND 23:
Gary Wayne, Interim Director of Planning Services, provided background
information as outlined in the staff report dated March 16, 2005.
Mayor Oden opened the Public Hearing and the following speakers
addressed the City Council.
FERNANDO VILLA, Representing Applicant, presented an overview of the
project as outlined in his written summary of the appeal.
GERALD KOI, Representing Applicant, commented on village
atmosphere, and the architectural elements of the project.
SHELLY SAUNDERS, Palm Springs, stated she represented 32 '
homeowners in the Canyons Development; stated she would like a 5-star
resort as opposed to a "time-share."
City Council Minutes
March 16,2005
Page 3
' VIC GAINER, Palm Springs, stated the project is out of character for the
neighborhood and requested the Council send the project back to
Planning.
DR. JUDITH HARRIS, Palm Springs, commented on traffic that will be
generated from the project.
BRIAN CHILDS, Palm Springs, stated his opposition to this project.
J. B. GOLD, commented on the architectural design of the project, stated
his support of the project.
JONO HILDNER, Palm Springs, requested the City Council deny the
appeal as proposed by staff.
TED BAUM, Palm Springs, representing initial Developer in the project,
stated there is a Development and Disposition Agreement in place
executed by the City and the Developer.
ROXANNE FLOSS, Palm Springs, spoke against the height and the use
as a time-share.
' FRANK TYSON, Palm Springs, expressed his concerns about the height,
size and lack of view corridors, stated the project is too large and intense.
CHARLES SACHS, Palm Springs, read a statement for Sheryl Hamlin,
requesting the denial of the permit, stated objections against the height.
LYNDA KERNEY, Palm Springs, requested the City Council send the
project back to the Planning Commission for further revisions.
FERNANDO VILLA, Representing Applicant, stated the City Council has
the ability tonight to approve the final development plan, he stated the
Transient Occupancy Tax will be made-up by the Frequency Fee and tax
increment revenue.
No further speakers coming forward the Public Hearing was closed.
City Attorney Holland clarified that the City Council approved preliminary
plans approximately two years ago and entered into various agreements
with the developer. The City Council should review the current plans and
determine if the current plans, are consistent with the preliminary plans
approved under the Development Agreement.
' The City Council discussed or commented on the following components or
aspects of the project: status of the approved project, if the plans as
revised are similar to the preliminary plans; discussion regarding height,
City Council Minutes
March 16,2005
Page 4
traffic and density are off the table as the City Council's decision is only if ,
the plans are in substantial conformance with the preliminary plans.
ACTION: Return to the Planning Commission for' full review. Motion
Councilmember Mills, seconded by Councilmember Pougnet and
unanimously carried on a roll call vote, noting the absence of
Councilmember Foat.
I.C. TENTATIVE TRACT MAP 28668 — APPLICATION BY EDITH
ARMSTRONG TOOR TO SUBDIVIDE 4.413 ACRES OF LAND INTO SIX
SINGLE FAMILY RESIDENTIAL LOTS — WEST OF ROSE AVENUE AT
CORONADO AVENUE — ZONE R-1-A, SECTION 10:
Gary Wayne, Interim Director of Planning Services, provided background
information as outlined in the staff report dated March 16, 2005.
Mayor Oden opened the Public Hearing and the following speakers
addressed the City Council.
MARVIN ROSS, Representing Applicant, provided an overview of the
project and requested modifications to the conditions: Final Design
Condition 12 to read "street width and design," Private Street Condition 7
allowing a hammerhead curb design if approved by Planning.
ANDY LINSKY, Palm Springs, stated the Mitigated Negative Declaration is '
out of date, and does not adequately address several elements: noise, air-
quality, and blasting; stated his opposition to the project.
EMILY HEMPHILL, stated the applicant is not requesting blasting or rock
crushing, nor building heights; stated the Council is just approving a sub-
division map, not a specific development.
MARVIN ROSS, Representing Applicant, :stated the project will consist of
6 custom homes, consistent with the neighborhood; commented on height.
No further speakers coming forward the Public Hearing was closed.
The City Council discussed or commented on the following components or
aspects of the project: Final Design Condition No. 12, best infill project for
the neighborhood, rock crushing, EIR.
Councilmember Pougnet directed the City Manager, Planning Staff and
Commission to review construction start times.
ACTION: 1) Order the filing of a Mitigated Negative Declaration; and 2) '
Adopt Resolution No. 21225 "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 28668 TO SUBDIVIDE 4.48 GROSS ACRES
OF LAND INTO SIX SINGLE FAMILY RESIDENTIAL LOTS LOCATED
City Council Minutes
March 16,2005
Page 5
' WEST OF ROSE AVENUE AND NORTH OF STEVENS ROAD, ZONE R-
1-A, SECTION 10" as amended Final Design Condition 12 to read "street
width and design," Private Street Conditions 7, and 8 modified to allow
hammerhead curb if approved by Planning and decorative concrete or
pavers if approved by Planning. Motion Councilmember Pougnet,
seconded by Councilmember Mills and unanimously carried on a roll call
vote, noting the absence of Councilmember Foat.
The City Council recessed at 8:34 P.M.
The City Council reconvened at 8:57 P.M.
I.D. TENTATIVE TRACT MAP 32378 •- APPLICATION BY 500 E. PALM
CANYON, LLC FOR TENTATIVE TRACT MAP FOR A ONE LOT,
CONDOMINIUM MAP OF APPROXIMATELY 0.92 ACRES — 500 EAST
PALM CANYON DRIVE — ZONE R-3, SECTION 12, APN 508353037
AND 508353038:
Gary Wayne, Interim Director of Planning Services, provided background
information as outlined in the staff report dated March 16, 2005.
Mayor Oden opened the Public Hearing, no speakers coming forward the
Public Hearing was closed.
The City Council discussed the Resort Overlay designation; use of an
administrative decision in lieu of a variance.
ACTION: Adopt Resolution No. 21226 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO
APPROVE TENTATIVE TRACT MAP 32378 TO CREATE A
RESIDENTIAL CONDOMINIUM MAP OF APPROXIMATELY 0.92
ACRES, LOCATED AT 500 EAST PALM CANYON DRIVE, ZONE R-3,
SECTION 12." Motion Councilmember Mills, seconded by Councilmember
Pougnet and unanimously carried on a roll call vote, noting the absence of
Councilmember Foat.
1.E. CASE NO. 5.1036 ZTA — ZONING ORDINANCE TEXT AMENDMENT
AND MUNICIPAL CODE AMENDMENT TO ESTABLISH PROCEDURES
REGARDING APPLICATIONS SUBMITTED TO THE PLANNING
DEPARTMENT:
Gary Wayne, Interim Director of Planning Services, provided background
information as outlined in the staff report dated March 16, 2005.
Mayor Oden opened the Public Hearing, no speakers coming forward the
Public Hearing was closed.
ACTION: 1) Continue the Public Hearing to Wednesday, May 4, 2005 and
direct staff to solicit input from public users. Motion Councilmember Mills,
seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll
call vote, noting the absence of Councilmember Foat.
City Council Minutes
March 16,2005
Page 6
1.F. APPLICATION FOR A $48,229 AWARD FROM THE EDWARD BYRNE '
MEMORIAL JUSTICE ASSISTANCE GRANT:
Gary Jeandron, Chief of Police, provided background information as
outlined in the staff report dated March 16, 2005.
Mayor Oden opened the Public Hearing, no speakers coming forward the
Public Hearing was closed.
ACTION: Approve Minute Order No. 7644 authorizing the application for a
funding request, in the amount of $48,229, from the Edward Byrnes
Memorial Justice Grant, a division of the Department of Justice. Motion ,
Councilmember Pougnet, seconded by Councilmember Mills and
unanimously carried on a roll call vote, noting the absence of
Councilmember Foat,
PUBLIC COMMENT:
WENDIE BUSIG-KOHN, Palm Springs, announced upcoming events benefiting Lupus
Awareness and understanding.
CHUCK NISBET, Palm Springs, commented on the March 8, 2005 election results and
the recent news of downtown development.
MARK FARRAR, Time Warner Cable, expressed his concerns regarding Item 4.A.
contract with Buske Group for Cable Franchise; stated staff dismissed Time Warner's
consultants.
ANITA GARDNER, Palm Springs, stated they are overrun with Fire Ants, requested the
City Council reconsider their decision not to participate in the program.
CASEY JONES, spoke in support of Item 4.A. contract with Buske Group for Cable
Franchise; stated the hotels are in support of the Buske Group.
PETER MORUZZI, Palm Springs, commented on the results of the March 8, 2005
election.
ALVIN FUCHS, Palm Springs, commented on businesses moving-out of Palm Springs,
and the revitalization of the City.
APRIL HILDNER, spoke in support of Item 3.A. establishing an Office of neighborhood
Involvement.
FRANK GAYDOS, Palm Springs, commented on results of March 8, 2005.
JOE FOSTER, Palm Springs, spoke regarding access to the Police Department and the
City Manager.
City Council Minutes
March 16,2005
Page 7
COUNCILMEMBER COMMENTS AND REQUESTS:
Mayor Pro Tern McCulloch directed staff to review and follow-up with the Fire Ant
program funding.
Councilmember Pougnet commented on the recent United Way fundraiser.
Mayor Oden announced the recent events attended by the Mayor and activities of the
Mayor's Office, commented on Spring Break, noted the upcoming recruitment for
Boards and Commissions.
The City Council recessed at 10:08 P.M.
The City Council reconvened at 10:12 P.M.
CITY MANAGER'S REPORT: None.
The City Council recessed at 10:17 P.M. as the City of Palm Springs Community
Redevelopment Agency.
The City Council reconvened at 10:18 P.M.
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 Mills, seconded by Mayor Pro Tern McCulloch and
unanimously carried on a roll call vote, noting the absence of Councilmember
Foat.
2.A. REPORT ON THE POSTING OF THE AGENDA:
ACTION: Receive and file the Report on the Posting of the March 16,
2005 City Council Agenda. Approved as part of the Consent Calendar.
2.B. TREASURER'S INVESTMENT REPORT AS OF JANUARY 31, 2005:
ACTION: Receive and file Treasurer's Investment Report as of January
31, 2005. Approved as part of the Consent Calendar.
2.C. STAFF AUTHORIZED AGREEMENTS FOR THE PERIOD FEBRUARY 1
THROUGH FEBRUARY 28, 2005:
ACTION: Receive and file Staff Authorized Agreements covering the
period February 1 through February 28, 2005. Approved as part of the
Consent Calendar.
2.D. AMENDMENT NO. 11 TO AGREEMENT NO. A4382 WITH GENSLER
FOR AIRPORT ARCHITECTURAL SERVICES:
' ACTION: Approve Minute Order No. 7645, authorizing Amendment No.
11 to Agreement No. A4382 with Gensler for architectural services relating
to passenger screening checkpoint and hold room modifications at the
Palm Springs International Airport for an additional amount of $828,795,
City Council Minutes
March 16,2005
Page 8
for a total contract price of$2,535,268.40. A4382. Approved as part of the '
Consent Calendar.
2.E. PROPOSED RESOLUTION ADOPTING RECORDS RETENTION
SCHEDULES FOR THE DEPARTMENTS OF PUBLIC WORKS AND
ENGINEERING, COMMUNITY AND ECONOMIC DEVELOPMENT,
BUILDING, AND PLANNING:
ACTION: Adopt Resolution No. 21227, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA ADOPTING
A RECORDS RETENTION SCHEDULE FOR THE DEPARTMENTS OF
PUBLIC WORKS AND ENGINEERING, COMMUNITY AND ECONOMIC
DEVELOPMENT, BUILDING, AND PLANNING AND AUTHORIZING
DESTRUCTION OF CERTAIN CITY RECORDS." Approved as part of the
Consent Calendar.
2.F. SECURITY ACCESS CONTROL AND PUI3LIC INFORMATION DISPLAY
SYSTEMS REHABILITATION:
ACTION: Approve Minute Order No. 7646, authorizing Change Order No.
1 to Agreement No. A4925 with Antar-Com/Systems Integration, Inc. for
additional upgrades and enhancements to the airport's Security Access
Control and Public Information Display Systems in the amount of
$93,615.24. A4925. Approved as part of the Consent Calendar.
2.G. 2004-2005 SB 821 SIDEWALK PROJECT (FARRELL DRIVE) PLANS,
SPECIFICATIONS, WORKING DETAILS AND AUTHORIZE
ADVERTISEMENT FOR CONSTRUCTION BIDS — CP 04-09:
ACTION: Approve Minute Order No. 7647, approve and adopt the plans
specifications and working details; and authorize advertisement for
construction bids for the 2004-05 SB 821 Sidewalk Project on Farrell
Drive, CP 04-09. Approved as part of the Consent Calendar.
2.1-1. CITYGATE ASSOCIATES, LLC — AMENDMENT NO. 1 — ADDITIONAL
GIS MAPPING FOR FIRE STATION RESPONSE TIME ANALYSIS:
ACTION: Approve Minute Order No. 7648 approving Amendment No. 1 to
Agreement No. A4962 with Citygate Associates, LLC for additional GIS
mapping for fire station response time analysis. A4962. Approved as part
of the Consent Calendar.
2.1. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 21228 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED FEBRUARY 26, 2005;" and 2) Adopt Resolution No. 21229 "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM ,
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1003536 THROUGH 1003807."
Approved as part of the Consent Calendar, noting abstentions.
City Council Minutes
March 16,2005
Page 9
Abstentions:
Councilmember Warrant# Payee Nature of Conflict
Mills 1003549 Animal Med. Hosp. Business Related
McCulloch 1003589 Desert Fire Ext. Business Related
EXCLUDED CONSENT CALENDAR: None.
3. LEGISLATIVE:
3.A. AN ORDINANCE ESTABLISHING AN OFFICE OF NEIGHBORHOOD
INVOLVEMENT WITHIN THE CITY OF PALM SPRINGS:
City Manager Ready provided background information as outlined in the
staff report dated March 16, 2005.
ACTION: 1) Waive the reading of text in its entirety and read by title only;
and 2) Introduce on first reading Ordinance No. 1666 "AN ORDINANCE
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER
2.55 TO THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING AN
OFFICE OF NEIGHBORHOOD INVOLVEMENT' as amended Section
2.55.060 to read "The City Manager, in consultation with," Section
2.55.130(B) to read 'The City Manager shall cause a Neighborhood
Nonprofit Foundation or similar authoritv," and Section 4 of the Ordinance
to read "or convenience." Motion Councilmember Mills, seconded by
Mayor Oden and carried on a roll call vote.
AYES:CounciImembers Mills and Pougnet, Mayor Oden.
NOES: Mayor Pro Tem McCulloch.
ABSENT: Councilmember Foat.
4. UNFINISHED BUSINESS:
4.A. CONTRACT WITH BUSKE GROUP FOR CABLE CONSULTING
RELATED SERVICES RELATING TO THE RENEWAL OF THE CABLE
FRANCHISE WITH TIME WARNER CABLE:
Assistant City Manager Butzlaff provided background information as
outlined in the staff report dated March 16, 2005.
ACTION: 1) Approve Minute Order No. 7649 authorizing the City
Attorney to prepare a Contract Services Agreement with Buske Group in
an amount not-to-exceed $49,525. for cable television consulting services
related to the renewal of the cable television franchise granted to Time
Warner Cable, approving the agreement; and 3) Adopt Resolution No.
' 21230 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA AMENDING THE BUDGET FOR THE
2004-05 FISCAL YEAR." A5053. Motion Councilmember Mills, seconded
by Councilmember Pougnet and unanimously carried on a roll call vote,
noting the absence of Councilmember Foat.
City Council Minutes
March 16,2005
Page 10
4.B. CONVENTION CENTER PRE-OPENING MARKETING PROGRAM: '
Jim Dunn, Palm Springs Convention Center, provided background
information as outlined in the staff report dated March 16, 2005.
ACTION: Approve Minute Order No. 7650 authorizing the Pre-Opening
Marketing budget for the Palm Springs Convention Center, as amended
by not allowing transfers of funds into the Incentive Program without City
Council approval. Motion Councilmember Mills, seconded by Mayor Pro
Tem McCulloch and unanimously carried, noting the absence of
Councilmember Foat.
5. NEW BUSINESS:
5.A. SPONSORSHIP OF THE 2005 MISS TEEN USA PAGEANT:
ACTION: Withdrawn from the agenda at the request of the Miss Teen
Organization. By consensus of the City Council.
COUNCILMEMBER COMMENTS AND REPORTS:
Mayor Oden and Councilmember Mills commented on the issues of Mr. Harold Stone
regarding noise from the Airport.
ADJOURNMENT: The City Council adjourned at 11:02 P.M. to a City Council Study ,
Session and Regular Adjourned Meeting at 7:00 P.M., Wednesday, March 23, 2005,
City Hall 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 6T"
DAY OF APRIL, 2005.
Mayor
Attest:
( y Clerk