HomeMy WebLinkAbout2005-04-06 CC MINUTES PALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, APRIL 6, 2005
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Pro Tem McCulloch called the meeting to order at 6:02 P.M.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262 led the Pledge.
INVOCATION: Dr. Sharron Stroud, Interfaith Ministries Worldwide, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern
McCulloch, Mayor Oden arrived at 6:10 P.M.
ABSENT: Councilmember Foat.
ALSO PRESENT: City Manager Ready, Assistant City Manager Butzlaff, City Attorney
Holland, City Clerk Thompson, City Treasurer Kanarr.
PRESENTATIONS:
Mayor Pro Tern McCulloch and the City Council presented a commendation to
Christopher McAuliffe for his service on the City of Palm Springs VillageFest Board
2003 and 2004.
Mayor Oden joined the meeting at 6:10 P.M.
Mayor Po Tern McCulloch and the City Council presented a commendation and
Riverside County Senior Inspiration Award to Milt Levinson, recognizing his community
involvement and activism.
Mayor Pro Tern McCulloch and the City Council proclaimed the month of April 2005, as
Financial Literacy month in the City of Palm Springs.
APPROVAL OF THE AGENDA:
Mayor Pro Tern McCulloch noted his no vote on Item 2.D. Ordinance Establishing an
Office of Neighborhood Involvement.
Councilmember Pougnet noted his abstention on the March 9, 2005 Minutes, Item 2.C.
Councilmember Mills noted his abstention on Warrant Nos. 1004180, 1004181,
1004182, 1004322 on Item 2.D. as business related.
Mayor Pro Tern McCulloch noted his abstention on Warrant No. 1004233 on Item 2.D.
as business related.
City Council Minutes
April 6,2005
Page 2
ACTION: Approve the Agenda as presented. Motion Councilmember Mills, ,
seconded by Councilmember Pougnet and unanimously carried noting the
absence of Councilmember Foat.
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:
I.A. TUSCAN ROAD RIGHT-OF-WAY VACATION:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated April 5, 2005.
Mayor Oden opened the Public Hearing, and no speakers coming forward
the Public Hearing was closed.
ACTION: Adopt Resolution No. 21232, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING
AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN A
PORTION OF THE RIGHT-OF-WAY DEDICATED FOR THE PUBLIC
STREET NAMED TUSCAN ROAD IN SECTION 3, TOWNSHIP 4 '
SOUTH, RANGE 4 EAST; FILE R-04-045." Motion Councilmember
Mills, seconded by Mayor Pro Tem McCulloch and unanimously
carried on a roll call vote, noting the absence of Councilmember
Foat.
1.13. GRANVIA VALMONTE RIGHT-OF-WAY:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated April 5, 2005,
Mayor Oden opened the Public Hearing, and no speakers coming forward
the Public Hearing was closed.
ACTION: 1) Adopt Resolution No. 21233, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND
INTEREST IN A PORTION OF THE RIGHT-OF-WAY DEDICATED FOR
THE PUBLIC STREET NAMED GRANVIA VALMONTE IN SECTION 11,
TOWNSHIP 4 SOUTH, EAST, FILE R-04-031;" and 2) Direct staff to
return with a blanket vacation for the remainder of properties on the block.
Motion Councilmember Mills, seconded by Councilmember Pougnet
and unanimously carried on a roll call vote, noting the absence of
Councilmember Foat.
City Council Minutes
April 6,2005
Page 3
1.C. EL DORADO BOULEVARD AND PUBLIC ALLEY RIGHT-OF-WAY
VACATIONS:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated April 5, 2005.
Mayor Oden opened the Public Hearing, and the following speaker
addressed the City Council.
WILLIE HOLLAND, Palm Springs, expressed concern of the trees in the
area due to problems in inclement weather, and requested the utilities to
be placed underground.
ACTION: Adopt Resolution No. 21234, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING
AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN A
PORTION OF THE RIGHT-OF-WAY DEDICATED FOR THE PUBLIC
STREET NAMED EL DORADO BOULEVARD, THE WEST HALF OF THE
PUBLIC ALLEY IDENTIFIED AS LOT "R", AND THE PUBLIC ALLEY
IDENTIFIED AS LOT "S" IN SECTION 34, TOWNSHIP 3 SOUTH,
RANGE 4 EAST; FILE R-04-002." Motion Councilmember Mills,
seconded by Mayor Pro Tern McCulloch and unanimously carried on
' a roll call vote, noting the absence of Councilmember Foat.
1.1). REQUEST TO DESIGNATE THE HOME AT 272 CAMINO BUENA
VISTA DRIVE AS A CLASS ONE HISTORIC SITE, CASE NO. HSPB-48:
Jing Yeo, Principal Planner, provided background information as outlined
in the staff report dated April 6, 2005.
Mayor Oden opened the Public Hearing and the following speakers
addressed the City Council.
BILL SCOTT, Chair, Palm Springs Historic Site Board, urged the City
Council to adopt the resolution designating the home as an Historic Site.
JOEY ENGLISH, Applicant, requested the City Council designate her
home as an Historic Site.
No further speakers coming forward, the Public Hearing was closed.
ACTION: Adopt Resolution No. 21235, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING THE HOME AT 272 CAMINO BUENA VISTA DRIVE AS
A CLASS ONE HISTORIC SITE." Motion Councilmember Pougnet,
seconded by Councilmember Mills and unanimously carried on a roll
call vote, noting the absence of Councilmember Foat.
City Council Minutes
April 6,2005
Page 4
1.E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2005 FIVE- '
YEAR CONSOLIDATION PLAN, 2005-2006 ANNUAL ACTION PLAN
AND CDBG BUDGET ADOPTION, ACCEPTANCE U.S. DEPT. OF
HOUSING AND URBAN DEVELOPMENT (HUD), GRANT NO. B-05-MC-
06-0561 IN THE AMOUNT OF $623,846 FOR FISCAL YEAR 2005-2006
CDBG PROGRAM:
John Raymond, Director of Community and Economic Development and
Dale Cook, Community Development Administrator, provided background
information as outlined in the staff report dated April 6, 2005.
Mayor Oden opened the Public Hearing and the following speakers
addressed the City Council.
ALEX CHRISTENSON, Desert AIDS Project, thanked the City Council for
the support of their mission at the Desert AIDS Project.
EILEEN PACKER, Executive Director, Stroke Recovery Center, thanked
the City Council for the support of their on-going organization.
JEFFREY KRAMER, Shelter from the Storm, thanked the City Council for
the support of Shelter from the Storm, and outlined the programs.
DEAN LOCKWOOD, Mizell Senior Center, thanked the City Council for '
the support of the Senior Center, and outlined the program funded by the
grant.
JARVIS CRAWFORD, outlined the programs of the Highland Unity Center
Expansion, thanked the City Council for their support.
WILLIE HOLLAND, Palm Springs, outlined the programs of the Highland
Unity Center and the need for the expansion.
SHANNA HIRSCHI, Arthritis Foundation, requested assistance from the
City Council regarding Arthritis education and lectures programs.
No further speakers coming forward, the Public Hearing was closed.
The City Council discussed the following aspects and components of the
program: unspent funds from 2004-05, Request No. 11 Stroke Recovery
Center funding made-up by another agency to complete the rehabilitation,
discrepancy between the award and the request for Operation Safe
House, updated on the elimination of CDBG grants and programs by the
Federal Government,
ACTION: 1) Adopt Resolution No. 21236, "A RESOLUTION OF THE '
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE 2005 — 2010 CONSOLIDATED PLAN AND THE 2005
City Council Minutes
April 6,2005
Page 5
' — 2006 ANNUAL ACTION PLAN; APPROVING THE COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING BUDGET FOR FISCAL
YEAR 2005 - 2006; AUTHORIZE THE SUBMITTAL OF THE PLANS AND
BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING &
URBAN DEVELOPMENT (HUD); AND AUTHORIZE THE CITY
MANAGER TO ACCEPT AND EXECUTE THE FUNDING
APPROVAL/AGREEMENT WITH HUD — GRANT #: B-05-MC-06-0561, IN
THE AMOUNT OF $623,843, FOR THE FISCAL YEAR 2005 — 2006
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, 315'
PROGRAM YEAR;" A5062 and 2) Approve the following Sub-recipient
Agreements subject to approval of the City Attorney and authorize the City
Manager to execute all necessary documents:
Desert AIDS Project A5063 $ 75,000
Main Lobby Restroom ADA Improvements
Family YMCA of the Desert A5064 $ 47,600
Food Service Area ADA Renovation
Mizell Senior Center A5065 $ 17,000
Exterior Lighting Improvements
Palm Springs Boys and Girls Club A5066 $ 50,000
Parking Lot Safety Improvements
Palm Springs Parks and Recreation Dept. A5067 $ 167,000
Highland Unity Center Expansion
Operation Safe House, Inc. A5068 $ 18,000
SafeHouse of the Desert
Stroke Recovery Center A5069 $ 30,898
Parking Lot ADA Improvements
Arthritis Foundation A5070 $ 15,000
Educations Programs and Lectures
CASA for Riverside County Inc. A5071 $ 18,000
Support Program
Palm Springs Public Library A5072 $ 10,000
Literacy and Summer Program
' Palm Springs Police Athletics League A5073 $ 10,000
Basketball Partnership Program
City Council Minutes
April 6,2005
Page 6
Shelter from the Storm A5074 $ 12,796
Palm Springs Center Operations
Fair Housing Council of Riverside County A5075 $ 40,853
Fair Housing Program
Motion Councilmember Pougnet, seconded by Councilmember Mills and
unanimously carried on a roll call vote, noting the absence of
Councilmember Foat, and the abstention of Councilmember Mills on
Agreement No. A5066 with the Palm Springs Boys and Girls Club as
business related.
I.F. 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 20, 2005 with no public
testimony; and 2) Direct the City Clerk to post a Notice of Continued
Public Hearing. Motion Councilmember Mills, seconded by
Councilmember Pougnet and unanimously carried on a roll call vote,
noting the absence of Councilmember Foat.
PUBLIC COMMENT: '
CHERYL RODBERG, Palm Springs, commented on the VillageFest, stated her support
of the program, the adoption of a budget for VillageFest, and additional staff.
TOM KIELEY, III, Palm Springs, requested support for Item 2.H. Resolution in Support
of Senate Bill 557 regarding sale of the wastewater treatment plant.
JIM STUART, Palm Springs, requested direction from the Council regarding the
transition of condominiums to hotels, stated his opposition to Mello Roos type fees,
spoke in opposition to Item 2.1). establishing an office of neighborhood involvement.
ROXANN PLOSS, Palm Springs, spoke in opposition of 2.H. regarding the Resolution in
Support of Senate Bill 557 regarding the sale of the wastewater treatment plan; stated
her support of Item 2.D. establishing an office of neighborhood involvement.
SHELLY SAUNDERS, Palm Springs, requested the City Council postpone their vote on
Item 2.D. establishing an office of neighborhood involvement.
DANA STEWARD, Palm Springs, spoke in the support of Item 2.D. establishing an
office of neighborhood involvement, requested the City Council research further local
government air quality, and spoke in opposition of 2.H. regarding the wastewater ,
treatment plant.
City Council Minutes
April 6,2005
Page 7
' SHEILA GRATTAN, Palm Springs, spoke in opposition of Item 2.D, establishing an
office of neighborhood involvement.
WENDIE KOHN, Palm Springs, spoke regarding the Femmena for Lupus Awareness
and Understanding programs and events.
JOY MEREDITH, Palm Springs, stated her concerns regarding Item 2.D. establishing
an office of neighborhood involvement; spoke in support of Item 2.H. regarding the
wastewater treatment plant.
ROXANNA CANINO, Palm Springs, spoke regarding poor train service and current
service deficiencies with Amtrack schedules to Palm Springs.
COUNCILMEMBER COMMENTS AND REQUESTS:
Councilmember Mills requested staff review the preparation of City Council and
Planning Commission minutes, requested staff review the process and timing of the
approval of the Consent Calendar within 6 six months; suggested the City Council and
staff tour the progress of the Convention Center.
Mayor Pro Tern McCulloch requested Consent Calendar Item 2.D. and 2.H. be removed
from the Consent Calendar for separate discussion.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.E., 2.F., and 2.G. Motion Mayor Pro
Tem McCulloch, seconded by Councilmember Mills and unanimously
carried on a roll call vote, noting the absence of Councilmember Foat.
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and File Report on the Posting of the Agenda, April 6,
2005 City Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 21237 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED MARCH 12, 2005;" 2) Adopt Resolution No. 21238 "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1003840 THROUGH 1004132;"
and 3) Adopt Resolution No. 21239 "A RESOLUTION OF THE CITY
' COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1004165 THROUGH 1004476." Approved as part of the
Consent Calendar, noting the abstentions of Councilmember Mills on
City Council Minutes
April 6,2005
Page 6
Warrant Nos. 1004180, 1004818, 1004812, 1004322 as business '
related; and Mayor Pro Tern McCulloch on Warrant No. 1004233 as
business related.
2.C. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of December 8, 2004, March
2, 2005, March 9, 2005, March 16, 2005, and March 23, 2005. Approved
as part of the Consent Calendar, noting the abstention of
Councilmember Pougnet on the March 9, 2005 minutes.
2.1). SECOND READING AND ADOPTION OF ORDINANCE 1666
ESTABLISHING AN OFFICE OF NEIGHBORHOOD INVOLVEMENT
WITHIN THE CITY OF PALM SPRINGS:
Removed from the Consent Calendar for separate discussion.
2.E. AMENDMENT 6 TO ALLOCATED POSITIONS AND COMPENSATION
PLAN:
ACTION: Adopt Resolution No. 21240, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS
AND COMPENSATION PLAN, ADOPTED BY RESOLUTION NO. 20974.
Approved as part of the Consent Calendar.
2.F. ACCEPTANCE OF DONATED VEHICLE FOR MOUNTED POLICE 1
SEARCH AND RESCUE UNIT:
ACTION: Adopt Resolution No. 21241, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ACCEPTANCE OF A 2004 FORD E-450 TRUCK DONATED FOR THE
USE BY THE PALM SPRINGS MOUNTED POLICE SEARCH AND
RESCUE UNIT." Approved as part of the Consent Calendar.
2.G. AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
REGARDING MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE
COACHELLA VALLEY FRINGE-TOED LIZARD:
ACTION: 1) Approve Minute Order No. 7652 approving Amendment No.
3 to Agreement No. A4366 regarding measures to minimize and mitigate
take of the Coachella Valley fringe-toed lizard, and 2) Authorize the Mayor
to execute all necessary documents. Approved as part of the Consent
Calendar.
2.H. PROPOSED RESOLUTION IN SUPPORT OF SENATE BILL 557
(SB557) REGARDING THE SALE OF THE WASTEWATER
TREATMENT PLANT:
Removed from the Consent Calendar for separate discussion. '
EXCLUDED CONSENT CALENDAR:
City Council Minutes
April 6,2005
Page 9
' 2.D. SECOND READING AND ADOPTION OF ORDINANCE 1666 ESTABLISHING
AN OFFICE OF NEIGHBORHOOD INVOLVEMENT WITHIN THE CITY OF
PALM SPRINGS:
City Manager Ready provided background information on the proposed
Ordinance and the policies such as neighborhood boundaries.
The City Council requested the City Attorney brief them on liability regarding the
management of the operations.
City Attorney Holland stated the city is not creating a separate entity the
proposed actions will not affect the current private HOA's in the community, the
Ordinance is a vehicle to assist in the communication and dialog for the City
Council, the City Management team and the Community; and the City is not
assuming any liability in the management of those operations.
ACTION: 1) Waive further reading; and 2) Adopt 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." Motion Councilmember
Pougnet, seconded by Councilmember Mills and carried on the following
vote:
AYES: Councilmember Mills, Councilmember Pougnet, Mayor Oden.
NOES: Mayor Pro Tem McCulloch.
ABSENT: Councilmember Foat.
2.H. PROPOSED RESOLUTION IN SUPPORT OF SENATE BILL 557 (SB557)
REGARDING THE SALE OF THE WASTEWATER TREATMENT PLANT:
Mayor Oden provided background on the sale of the wastewater treatment plant
and the prior election.
ACTION: Adopt Resolution No. 21242, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF
SENATE BILL 557 WHICH AUTHORIZES THE SALE OF THE CITY'S
WASTEWATER TREATMENT PLANT TO THE DESERT WATER AGENCY."
Motion Councilmember Mills, seconded by Councilmember Pougnet and
unanimously carried on a roll call vote, noting the absence of
Councilmember Foat.
3. LEGISLATIVE:
3.A. PALM SPRINGS CLASSIC COMMUNITY FACILITIES DISTRICT NO. 1:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated April 6, 2005.
City Attorney Holland stated staff will making a modification to the
agreement on page 3, Item 3 the cap not to exceed $500.
City Council Minutes
April 6,2005
Page 10
ACTION: 1) Adopt Resolution No. 21243 "A RESOLUTION OF THE CITY '
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE APPLICATION FOR FURTHER PROCESSING OF
THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 1
SUBMITTED BY PALM SPRINGS CLASSIC, LLC; and 2) Approve
Minute Order No. 7653 Approving, in a form acceptable to the City
Attorney, a Memorandum of Understanding with Lennar Homes of
California regarding certain developer contributions to be made to the City
in conjunction with the formation of the Community Facilities District as
amended by directing staff to include in the MOU that the maximum levy
shall be set at $500; include a provision that provides for an alternative
site for the location of the Fire Station, if desired by the City, the Developer
shall provide funds equal to the value of the land currently to be conveyed
to purchase property for the alternate site. A5076. Motion
Councilmember Mills seconded by Mayor Oden and unanimously
carried on a roll call vote, noting the absence of Councilmember
Foat.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS: None.
COUNCILMEMBER COMMENTS AND REPORTS:
Mayor Oden outlined in the activities and the events of the Mayor's Office, and noted a
memorial for Commander Jim Heazlett, Retired Palm Springs Police Officer,,who past
away in January.
ADJOURNMENT: The City Council adjourned at 8:26 P.M. to a City Council Study
Session and Adjourned Regular Meeting at 6:00 P.M., Wednesday, April 13, 2005,
Council Chamber, preceded by a Closed Session at 5:00 P.M., City Hall, Small
Conference Room, 3200 Tahquitz Canyon Way.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
11TH DAY OF MAY, 2005.
t_a
MAYOR '
ATTEST:
I Clerk