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HomeMy WebLinkAbout2005-05-18 CC MINUTES ' PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, MAY 18, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:07 P.M. PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard led the Pledge. INVOCATION: Reverend Richard Drasen, Palm Springs Church for Today, led the Invocation. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern McCulloch, Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, Assistant City Manager Butzlaff, Assistant City Attorney Simonian, City Clerk Thompson, City Treasurer Graves. PRESENTATIONS: Mayor Oden and the City Council presented a plaque to Gary S. Lueders, for his service on the Palm Springs International Airport Commission, Mayor Oden and the City Council presented a proclamation to Police Officer Hall and proclaimed May 15, 2005 as Peace Officers' Memorial Day in the City of Palm Springs and the week of May 15 to May 21, 2005 as Police Week in the City of Palm Springs. Lieutenant Danny Feltenberger, Riverside County Sheriff's Department, presented Gold Bear Award to Palm Springs Police Officers Virginia Alvarez, Calvin Fenner, Karen Sutherland, and Claire Leone. Mayor Oden and the City Council proclaimed the Month of May as Community Action Month. ACCEPTANCE OF THE AGENDA: Councilmember Mills noted his abstention on Item 2.C. Warrant Nos. 1005093 and 1005094 business related. ' Councilmember Mills requested Item 2.E. be modified to include personal notification of the neighborhood. City Council Minutes May 18,2005 Page 2 ACTION: Accept the Agenda as presented. Motion Councilmember Mills, seconded ' by Mayor Pro Tern McCulloch and unanimously carried. REPORT OF CLOSED SESSION: Assistant City Attorney Simonian reported that at 4:30 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. 1. PUBLIC HEARINGS: 1. A. PROPOSED FISCAL YEAR 2005-06 BUDGET: City Manager Ready provided background information as outlined in the Proposed Fiscal Year 2005-06 Budget, City Manager Ready presented a revised Functional Organization Chart and proposed staffing changes and cost estimates. Mayor Oden opened the public hearing and the following speaker addressed the City Council: BRAD MIX, Small Business Development Center, commented on the programs of the Center and requested the City Council contribute to the Small Business Development Center. , No further speakers coming forward, Mayor Oden closed the public hearing. The City Council requested clarification on Budget Balancer Alternative Item 3 regarding vehicle replacement charges, and how to reduce or consolidate vehicles; and fleet maintenance moved from Public Works to Assistant City Manager Administration under the proposed reorganization. ACTION: Close the Public Hearing and direct staff to return for further discussion on May 25, 2005. By consensus of the City Council. 1.13. PLACEMENT OF DELINQUENT WASTE DISPOSAL SERVICE ACCOUNTS ON THE TAX ROLL: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated May 18, 2005. Mayor Oden opened the public hearing and the following speaker addressed the City Council. DANA STEWART, Palm Springs, spoke in opposition to the City collecting ' bills for a private company. City Council Minutes May 18,2005 Page 3 ' No further speakers coming forward, Mayor Oden closed the public hearing. ACTION: Adopt Resolution No. 21262, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THAT SAID ACCOUNTS BE PLACED ON THE TAX ROLL." Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote. PUBLIC COMMENT: CHERYL RODBERG, Palm Springs, commented on her experiences as a vendor at VillageFest and the division in the community with respect to Downtown. MELLANY MILLER, Palm Springs, announced the Citizens Helping Citizens in Crisis TIP Program Charity Dinner and the programs of the Trauma Intervention Program. ROXANNE PLOSS, Palm Springs, commented on Redevelopment Items RA6 and RA7 and the title on the Agenda, and the Community Open House held May 17, 2005. ' CHARLES SACHS, Palm Springs, commented on `skyline' and hillside views in the City of Palm Springs. TOM SWANN, Rancho Mirage, announced the upcoming activities of the organization Veterans for Peace, announced Councilmember Foat will receive the Person of the YearAward presented by the organization. FRANK TYSEN, Palm Springs, commented on the change in format of the Office of Neighborhood meetings and the interaction of the planning process, requested the City schedule another meeting and accept input and dialog from the community. DANA STEWART, Palm Springs, read a letter regarding health hazards of development and grading. WESLEY COLE, spoke in support of Redevelopment Item RA7 for Design Within Reach to locate a showroom on Indian Canyon Drive. JOE FOSTER, Palm Springs, stated his concerns regarding West Nile virus on a property in his neighborhood and not being able to get proper response from staff. ANDREW STARKE, Palm Springs, owner of Palm Springs Power Baseball Club, ' announced the opening night activities of the team and the fireworks show planned for opening night. City Council Minutes May 18,2005 Page 4 COUNCILMEMBER COMMENTS AND REQUESTS: ' Mayor Oden requested the City Manager schedule a study session with Desert Water Agency regarding the status of the water supply. Mayor Oden requested staff review the feasibility of preparing a Master Plan for Section 14, and working with the Agua Caliente Band of Cahuilla Indians. CITY MANAGER'S REPORT: City Manager Ready provided an update on the contract negotiations and extension for wastewater services with Veolia Water America West formerly U.S. Filter Operating Services and requested the City Council give direction as to extending the current agreement with a short-term interim agreement, or for staff to prepare negotiation for a long-term agreement. The City Council recessed at 7:38 P.M. as a Joint Meeting of the City Council and the City of Palm Community Redevelopment Agency JOINT MEETING CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY PUBLIC HEARING: RA1. AMENDMENT NO. 1 TO AGREEMENT NO. A0399C A DISPOSITION AND DEVELOPMENT AGREEMENT WITH VIP MOTOR CARS, INC., TO ' RECALCULATE THE FINANCIAL ASSISTANCE FORMULA FOR THE RENOVATION AND EXPANSION OF THE AUTO DEALERSHIP AND EXTEND THE TERM OF THE AGREEMENT FOR AN ADDITIONAL 12 YEARS: John Raymond, Director of Community and Economic Development provided background information as outlined in the staff report dated May 18, 2005. Mayor Oden opened the public hearing, no speakers coming forward the public hearing was closed ACTION: 1) Adopt Resolution No. 21263 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS PURSUANT TO SECTION 33421.1 AND 33445 OF THE CALIFORNIA HEALTH AND SAFETY CODE RELATING TO AMENDMENT NO. 1 TO AGREEMENT NO. A0399C A DISPOSITION AND DEVELOPMENT AGREEMENT WITH VIP MOTOR CARS, LTD. AND FDH ENTERPRISES, INC. FOR PROPERTY IMPROVEMENTS AT AN AUTOMOBILE DEALERSHIP AT 4095 EAST PALM CANYON DRIVE, MERGED PROJECT AREA NO. 1;" and 2) Adopt Resolution No. 21264 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY REGARDING THE APPROVAL OF AMENDMENT NO. 1 TO DISPOSITION AND DEVELOPMENT AGREEMENT ' WITH VIP MOTOR CARS, LTD. AND FDH ENTERPRISES, INC. Motion City Council Minutes May 18,2005 Page 5 ' Councilmember Mills, seconded by Councilmember McCulloch and unanimously carried on a roll call vote. RA2. DISPOSITION AND DEVELOPMENT AGREEMENT WITH THE HIGHLANDS PALM SPRINGS VENTURE TO CONSTRUCT FOUR (4) MODERATE-INCOME HOMES ON AGENCY-OWNED PARCELS IN THE DESERT HIGHLAND GATEWAY AREA FOR THE PURPOSE OF FACILITATING THE DESERT HIGHLAND INFILL PROGRAM: John Raymond, Director of Community and Economic Development provided background information as outlined in the staff report dated May 18, 2005. Mayor Oden opened the public hearing, no speakers coming forward the public hearing was closed. The Agency discussed the option of issuing a RFP, restrictions and incoming qualifying interested parties, women and minority businesses participating in the program. ACTION: Adopt Resolution No. 21265 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY REGARDING THE APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH ' HIGHLAND PALM SPRINGS VENTURE, LLC., A NEVADA LIMITED LIABILITY COMPANY, FOR THE DEVELOPMENT OF FOUR SINGLE-FAMILY MODERATE-INCOME HOMES IN THE DESERT HIGHLAND AREA OF MERGED PROJECT AREA NO. 1." Motion Councilmember Foat, seconded by Mayor Pro Tern McCulloch and carried on a roll call vote: AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern McCulloch and Mayor Oden. NOES: Councilmember Pougnet. RA5. DDA IMPLEMENTATION AGREEMENT WITH VISTA SUNRISE APARTMENTS, LP, AND MBA DEVELOPMENT CORP. TO CLARIFY THE TRANSFER OF PROPERTY TO THE PROJECT, AMEND TERMS OF THE NOTE(S) TO CONFORM TO SENIOR LENDER REQUIREMENTS, AND RESTRUCTURE AGENCY FINANCIAL ASSISTANCE TO BE COMPATIBLE WITH REIMBURSEMENT AGREEMENT WITH THE COUNTY OF RIVERSIDE; ALSO APPROVE REIMBURSEMENT FOR OFF-SITE IMPROVEMENTS ATTRIBUTABLE TO THE COUNTY HEALTH CARE FACILITY: ACTION: Adopt Resolution No. 21266 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PUBLIC IMPROVEMENT REIMBURSEMENT AGREEMENT WITH THE ' COMMUNITY REDEVELOPMENT AGENCY OF THE CITY PALM SPRINGS, VISTA SUNRISE APARTMENTS, LP, AND THE HOUSING AUTHORITY OF THE COUNTY OF RIVERSIDE IN THE AMOUNT OF $125,000 FOR THE City Council Minutes May 18,2005 Page 6 CONSTRUCTION OF CERTAIN OFF-SITE IMPROVEMENTS TO ' EFFECTUATE THE DEVELOPMENT OF A LOW-INCOME HIV/AIDS APARTMENT COMPLEX AND FAMILY CARE FACILITY WEST OF SUNRISE WAY, SOUTH OF VISTA CHINO ROAD, MERGED PROJECT AREA NO. 1." A5099. Motion Mayor Pro Tern McCulloch, seconded by Councilmember Mills and unanimously carried. The Joint Meeting of the City Council and the Community Redevelopment Agency adjourned at 8:07 P.M. and the City Council reconvened. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., and 2.H. Motion Councilmember Pougnet, seconded by Councilmember Foat 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 May 18, 2005 City Council Agenda. Approved as part of the Consent Calendar. 2.B. STAFF AUTHORIZED AGREEMENTS FOR APRIL 2005: ACTION: Receive and file Staff Authorized Agreements covering the period April 1 through April 30, 2005. Approved as part of the Consent Calendar. ' 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21267 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED APRIL 23, 2005;" and 2) Adopt Resolution No. 21268 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1005078 THROUGH 1005339." Approved as part of the Consent Calendar noting the abstention of Councilmember Mills on Warrant No. 1005093 and Warrant No. 1005094 as business related. 2.D. TREASURER'S INVESTMENT REPORT AS OF FEBRUARY 28, 2005: ACTION: Receive and file Treasurer's Investment Report as of March 31, 2005. Approved as part of the Consent Calendar. 2.E. OPENING-NIGHT FIREWORKS DISPLAY FOR PALM SPRINGS POWER: ACTION: 1) Adopt Resolution No. 21269 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, , TEMPORARILY SUSPENDING CERTAIN REGULATORY ORDINANCES TO FACILITATE A FIREWORKS DISPLAY FOR THE OPENING-NIGHT City Council Minutes May 18,2005 Page 7 ' FESTIVITIES OF THE PALM SPRINGS POWER BASEBALL TEAM AT PALM SPRINGS STADIUM ON JUNE 3, 2005." Approved as part of the Consent Calendar with direction to include personal notification to the affected neighborhood. 2.F. FINAL MAP 31263 AND SUBDIVISION IMPROVEMENT AGREEMENT WITH KRIZMAN DESERT INVESTMENTS, LLC, PROPERTY AT 2850 NORTH INDIAN CANYON DRIVE, SECTION 2, TOWNSHIP 4 SOUTH, RANGE 4 EAST: ACTION: 1) Adopt Resolution No. 21270 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 31263 FOR PROPERTY LOCATED 2850 N. INDIAN CANYON DRIVE, IN SECTION 2, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH KRIZMAN DESERT INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY;" and 2) Authorize the City Manager to execute all necessary documents. A5100. Approved as part of the Consent Calendar. 2.G. AMENDMENT NO. 2 TO AGREEMENT NO. A4713 WITH SDC, LLC AN EXCLUSIVE AGREEMENT TO NEGOTIATE FOR THE DEVELOPMENT OF THE TAHQUITZ CREEK RESORT HOTEL: ' ACTION: 1) Approve Minute Order No. 7672, authorizing Amendment No. 2 to Agreement No. A4713 with SDC, LLC, and exclusive agreement to negotiate for the development of the Tahquitz Creek Resort Hotel; and 2) Authorize the City Manager to execute all necessary documents. A4713. Approved as part of the Consent Calendar. 2.1-11. RESIGNATION OF GARY S. LUEDERS FROM THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION: ACTION: 1) Accept with regret the resignation of Gary Lueders from the Palm Springs International Airport Commission; and 2) Direct the City Clerk to provide for the City Council to fill the vacancy during the 2005 annual recruitment process. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: None. 3. LEGISLATIVE: 3.A. ESTABLISHMENT OF A NEW SPECIAL REVENUE FUND TO BE NAMED THE NEIGHBORHOOD INVOLVEMENT FUND: City Manager Ready provided background information as outlined in the ' staff report dated May 18, 2005. City Council Minutes May 18,2005 Page 8 ACTION: 1) Adopt Resolution No. 21271 "A RESOLUTION OF THE CITY ' COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A NEW SPECIAL REVENUE FUND TO BE CALLED THE 'NEIGHBORHOOD INVOLVEMENT FUND' AND AUTHORIZING THE DIRECTOR OF FINANCE TO CREATE THE APPROPRIATE ACTIVITIES (COST CENTERS) AND ACCOUNT NUMBERS;" and 2) Adopt Resolution No. 21272, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2004-2005 FISCAL YEAR (TRANSFER $12,597.70 FROM THE GENERAL FUND TO THE NEW FUND)." Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. 3.B. PROPOSED ORDINANCE MODIFYING THE PROCUREMENT AND CONTRACTING CHAPTER OF THE PALM SPRINGS MUNICIPAL CODE: City Manager Ready and Assistant City Attorney Simonian provided background information as outlined in the staff report dated May 18, 2005. ACTION: 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1668, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 7.01.040 OF THE PALM SPRINGS MUNICIPAL , CODE RELATING TO THE DEFINITION OF "CONTRACT" AND "PURCHASE ORDER" AS SUCH TERMS ARE USED IN THE CITY'S PROCUREMENT AND CONTRACTING CODE." Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 4. UNFINISHED BUSINESS: 4.A. PROPOSED RESOLUTION ADOPTING A CITY OF PALM SPRINGS VISION STATEMENT: City Manager Ready provided background information as outlined in the staff report dated May 18, 2005. ACTION: 1) Adopt Resolution No. 21273, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A CITY OF PALM SPRINGS VISION STATEMENT;" and 2) direct staff to include the vision statement on printed materials and other places as appropriate. Motion Councilmember Foat, seconded by Councilmember Pougnet and unanimously carried. 5. NEW BUSINESS: , Mayor Pro Tem McCulloch left the dais at 8:19 P.M. City Council Minutes May 18,2005 Page 9 5.A. AGREEMENT FOR PLACEMENT AND REIMBURSEMENT OF PUBLIC ART BETWEEN THE CITY OF PALM SPRINGS AND PALM SPRINGS CLASSIC, LLC: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated May 18, 2005. ACTION: 1) Approve Minute Order No. 7673, authorizing an agreement for placement and reimbursement of public art between the City of Palm Springs and Palm Springs Classic, LLC in an amount not to exceed $500,000 for the placement of works of art on the Escena Project; and 2) Authorize the City Manager to execute all necessary documents. A5101. Motion Councilmember Mills, seconded by Councilmember Pougnet, and unanimously carried on a roll call vote: AYES: Councilmember Foat, Councilmember Mills, Councilmember Pougnet and Mayor Oden. NOES: None. ABSENT: Mayor Pro Tern McCulloch. e Mayor Pro Tern McCulloch returned to the dais at 8:22 P.M. 5.13. AMENDMENT NO. 8 TO AGREEMENT NO. 4372 WITH PAC WEST LAND CARE, INC.: Scott Mikesell, Director of Parks and Recreation, provided background information as outlined in the staff report dated May 18, 2005. ACTION: 1) Approve Minute Order No. 7674, extending Agreement No. A4372 with Pac West Land Care, Inc. for one year beginning July 1, 2005; 2) Approve Minute Order No. 7675, approving Amendment No. 8 to Agreement No. A4372 with Pac West Land Care, Inc, in the amount of $105,371.71 per year; and 3) Authorize the City Manager to execute all necessary documents. A4372. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried on a roll call vote. 5.C. MOTORCYCLE PARKING ON AMADO ROAD: David Barakian, City Engineer, provided background information as outlined in the staff report dated May 18, 2005. ACTION: Adopt Resolution No. 21274 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA ESTABLISHING MOTORCYCLE PARKING FOR THE NORTH SIDE OF ' AMADO ROAD BETWEEN NORTH PALM CANYON DRIVE TO A POINT SIXTY (60) FEET WESTERLY THEREFROM BETWEEN THE HOURS OF 6:00 PM ON THURSDAYS UNTIL 11:00 PM ON SUNDAYS." Motion City Council Minutes May 18,2005 Page 10 Councilmember Mills, seconded by Mayor Pro Tern McCulloch and unanimously carried. . 5.1). AGREEMENT FOR RECRUITMENT SERVICES: City Manager Ready provided background information as outlined in the staff report dated May 18, 2005. ACTION: 1) Approve Minute Order No. 7676 authorizing the City Attorney to prepare a contract services agreement with Mathis & Associates to provide executive recruitment services in an amount not-to-exceed $29,000; 2) Authorize the City Manager to execute all documents necessary to effectuate the agreement; and 3) Adopt Resolution No. 21275 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2004-05 FISCAL YEAR." A5101. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried on a roll call vote. COUNCILMEMBER COMMENTS AND REPORTS: Mayor Oden announced the recent activities and events attended by the Mayor's Office. Mayor Oden requested a report on grant writers and possible projects in.which the City ' may secure funding. Mayor Oden left the meeting at 8:38 P.M. Mayor Pro Tern McCulloch took over as meeting Chair. Councilmember Mills announced the upcoming General Plan Committee meeting and the Planning Center Open House at the VillageFest; he commented on the Neighborhood Open House held May 17, 2005 and on the Downtown subcommittee. Councilmember Mills directed staff to provide a report and placement on a future agenda an ordinance addressing sewer odors caused by grease traps and maintenance of grease traps. Councilmember Mills requested staff research a firm and the feasibility of performing a scientific study of sampling of downtown businesses. Councilmember Mills requested that staff prepare a map with downtown vacancies and the disposition of each vacancy. Councilmember Foat requested staff prepare a report showing the number of businesses for sale in the downtown area; and noted the results of her survey will be ' available next week, and commented on the City of Riverside business retention program. City Council Minutes May 18,2005 Page 11 ' Councilmember Pougnet announced the upcoming forum for seniors at the Mizell Senior Center on June 8, 2005 to discuss programs and needs of seniors in the City of Palm Springs. Councilmember Pougnet requested a report on the number of landscaping lights that are burned-out and how many tree wells are not getting water and maintenance from the Visitors Center to Vista Chino and provide potential solutions. Mayor Pro Tern McCulloch commented on trimming of bushes and provided an update on the Mayor's dinner with respect to Hollywood business attraction. ADJOURNMENT: The City Council adjourned at 8:53 P.M. to a City Council Study Session and Adjourned Regular Meeting at 6:00 P.M., Wednesday, May 25, 2005, Council Chamber, preceded by a Closed Session at 5:00 P.M., City Hall, Small Conference Room, 3200 East Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 15t, DAY OF JUNE, 2005. MAYOR ` ATTEST: City � rk �v®�