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HomeMy WebLinkAbout12/7/2005 - STAFF REPORTS (13) PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, NOVEMBER 16, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:11 P.M. PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard led the Pledge. INVOCATION: Rev. Hank Bates, Desert Cities Community Church of Religious Science led the Invocation. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern McCulloch and Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, Assistant City Manager Butzlaff, Assistant City Manager Wilson, City Attorney Holland, City Clerk Thompson, and City Treasurer Graves. PRESENTATIONS: Police Chief Gary Jeandron outlined the Palm Springs Student Academy program and presented a new promotional video. Representatives from SunLine presented the components of the SunLine Operational Analysis Study. ACCEPTANCE OF THE AGENDA: Staff requested Consent Calendar Item 2.K. be withdrawn from the Agenda. Councilmember Pougnet requested Items 2.J. and 2.N. be removed from the Consent Calendar for separate discussion. Councilmember Mills requested Items 2.13 and 2.1. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Councilmember Pougnet, seconded by Councilmember Mills 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. No reportable actions were taken. Item No. 2. B . City Council Minutes November 16,2005 Page 2 'I. PUBLIC HEARINGS: I.A. CASE NO. 5.1056, PD 314 TTM 33575 AN APPLICATION BY PALM CANYON 102 L.P. (MESQUITE VILLAGE) FOR A MIXED-USE DEVELOPMENT CONSISTING OF 26 LIVE-WORK UNITS, 80 TWO- STORY ATTACHED TOWNHOMES AND 15,000 SQUARE FEET OF RETAIL SPACE LOCATED ON 11.1 ACRES BOUND BY THE TAHQUITZ CREEK CHANNEL TO THE NORTH, RANDOM ROAD TO THE EAST, APN 508-172-007: Craig Ewing, Director of Planning Services, requested the City Council continue the public hearing to a date to be determined. ACTION: Continue the Public Hearing to date uncertain. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried. I.B. TTM 33035, APPLICATION BY MOUNTAIN MEADOWS ASSOCIATES, FOR A TENTATIVE TRACT MAP TO CREATE A ONE LOT, CONDOMINIUM MAP FOR THE CONVERSION OF 129 EXISTING APARTMENT UNITS TO 129 CONDOMINIUM UNITS, LOCATED AT 2500 EAST PALM CANYON DRIVE, ZONE R-3, SECTION 24, APN 502- 310-054 AND 502-310-055: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated November 16, 2005. Mayor Oden opened the public hearing and the following speakers addressed the City Council. CAROL FOX, Representing Applicant, Vice President ConAm Management, outlined the aspects of the project JOE GERRY, Representing Applicant, further outlined the project and requested support. No further speakers coming forward, the public hearing was closed. The City Council discussed and/or commented on the following with respect to the project: fiscal impact to the City, average square footage of the units and the average rental rates, the developer's reasons for the conversion, affordability of current rental residents, landscaping in the conditions of approval, conformance check on existing property, rental stock requirements in the General Plan. ACTION: 1) Continue the public hearing to January 4, 2006 for further study regarding impacts to housing stock and direct staff to investigate and prepare a report with respect to the current conformance with existing City Council Minutes November 16,2005 Page 3 codes and plans. Motion Councilmember Mills, seconded by Councilmember Pougnet and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Mills, and Councilmember Pougnet. NOES: Mayor Pro Tern McCulloch and Mayor Oden. The City Council convened as a Joint Meeting of the City Council and the City of Palm Springs Community Redevelopment Agency at 7:02 P.M. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY: RA1. APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH GEIGER, LLC, FOR THE DISPOSITION OF 14 ACRES OF AGENCY-OWNED LAND FOR THE PURPOSE OF DEVELOPING A 393,000 SQUARE FOOT RETAIL SHOPPING CENTER ON 38 ACRES OF LAND AT THE NORTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL (HIGHWAY 111) IN THE CITY OF PALM SPRINGS, MERGED REDEVELOPMENT PROJECT AREA NO. 1: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated November 16, 2005. Mayor Oden opened the public hearing and no speakers coming forward the public hearing was closed. ACTION: Adopt Resolution No. 21450, "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 GEIGER, LLC." Motion Councilmember Mills, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote. PUBLIC COMMENT: R'.ON CUMMINGS, Palm Springs, commented on a recent fire and the response from the Fire Department; requested support on Consent Calendar Item 2.J. regarding a position in the Fire Department. NEIL O'MALLEY, Palm Springs, President Palm Springs Country Club, commented on Burnett Development Company's response to their release of the sewer system in Palm Springs Country Club. BARBARA HASSON, Palm Springs, expressed, her thanks to the City Council and staff who were responsible for assisting with the paving of Gene Audrey Trail and interaction with CalTrans. City Council Minutes November 16,2005 Page 4 PAUL YOUNT, commented on Consent Calendar Item 2.M. and the retirement benefits provided to staff; spoke in opposition to the agreements. 131LL FERRA, commented on Consent Calendar Item 2.M. and the rate of pay of other Police Chiefs in the country; spoke in opposition to the agreements. REUEL YOUNG, Palm Springs, commented on Consent Calendar Item 2.1. and requested City Council support. MARIA SONG, Palm Springs, commented on Consent Calendar Item 2.1. and requested City Council support. SEIMA MOLOI, Palm Springs, commented on Consent Calendar Item 2.1. and requested City Council support. JARVIS CRAWFORD, congratulated Members of the City Council with their re-election bid and commented on Consent Calendar Item 2.1. and requested City Council support. CHARLIE ERVIN, JR., commented on Consent Calendar Item 2.1. and improvements at the facility; requested City Council support. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. The City Council recessed at 7:20 P.M. The City Council reconvened at 7:32 P.M. 2. CONSENT CALENDAR: Mayor Oden requested Item 2.M. be removed from the Consent Calendar for separate discussion. ACTION: Approve Items 2.A., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.L., and 2.0. Motion Councilmember Mills, 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 November, 16, 2005 City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF MINUTES: Removed from the Consent Calendar for separate discussion. 2.C. STAFF AUTHORIZED AGREEMENTS FOR AUGUST 2005: ACTION: Receive and file Staff Authorized Agreements covering the period October 1 through October 31, 2005. Approved as part of the Consent Calendar. City Council Minutes November 16,2005 Page 5 2.1). APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21451, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1008966 THROUGH 1009251 IN THE AGGREGATE AMOUNT OF $3,469,191.37 DRAWN ON BANK OF AMERICA;" and 2) Adopt Resolution No. 21452, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 10/22/05 BY WARRANTS NUMBERED 409450 THROUGH 409518 TOTALING $74,213.93, LIABILITY CHECKS NUMBERED 1008936 THROUGH 1008965 TOTALING $128,234.05, TWO WIRE TRANSFERS FOR $54,781.01, AND THREE ELECTRONIC ACH DEBITS OF $837,133.64 IN THE AGGREGATE AMOUNT OF $1,094,362.63 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1678, AN ORDINANCE RELATING TO FALSE ALARM RESPONSE CIVIL PENALTIES: ACTION: Waive further reading and adopt Ordinance No. 1678, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 5.02.005, SUBSECTIONS (3), (5), (6), AND (7) OF SECTION 5.02.010, SECTION 5.02,020, SECTION 5.02.045, SUBSECTIONS (a) and (b) OF SECTION 5.02.075, AND SUBSECTION (a)(2) OF SECTION 5.02.080 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO FALSE ALARM RESPONSE CIVIL PENALTIES." Approved as part of the Consent Calendar. 2.F. APPROVAL OF PARCEL MAP 32550 FOR 2 PARCELS LOCATED 19393 AND 19531 MCLANE STREET, IN SECTION 15, TOWNSHIP 3 SOUTH, RANGE 4 EAST: ACTION: Adopt Resolution No. 21453 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 32550 FOR PROPERTY LOCATED 19393 AND 19531 McLANE STREET, IN SECTION 15, TOWNSHIP 3 SOUTH, RANGE 4 EAST." Approved as part of the Consent Calendar. 2.G. GUARDRAIL REPAIR AND/OR REPLACEMENT IN VARIOUS CITYWIDE LOCATIONS: ACTION: 1) Adopt Minute Order No. 7774, Approving an agreement with Alcorn Fence Company for guardrail repair/replacement at various citywide locations, in the amount of $31,115, City Project No. 05-23; and 2) Authorize the City Manager to execute all necessary documents. A5189. Approved as part of the Consent Calendar. City Council Minutes November 16,2005 Page 6 2.H. REVISE GANN APPROPRIATION LIMITS FOR FISCAL YEAR 2004-05 AND FISCAL YEAR 2005-06: ACTION: 1) Adopt Resolution No. 21454, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING AND REPLACING RESOLUTION NO. 21071 AND ADOPTING APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2005;" 2) Adopt Resolution No. 21455, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING AND REPLACING RESOLUTION NO. 21374 AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2006;" and 3) Adopt Resolution No. 21456, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING AND REPLACING RESOLUTION NO. 21373 AND SETTING THE RESERVATION OF UNAPPROPRIATED FUND BALANCES IN VARIOUS CITY OPERATING AND CAPITAL PROJECT FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2005." Approved as part of the Consent Calendar. 2.1. JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER EXPANSION, CITY PROJECT NO. 04-05: Removed from the Consent Calendar for separate discussion. 2.J. AMENDMENT #3 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN 2005 — 2006: Removed from the Consent Calendar for separate discussion. 2.K. AMADO ROAD CROSS GUTTER INSTALLATION — TRADE CONTRACT NO. 40: Withdrawn from the Agenda at the request of staff. 2.L. ACCEPT THE GRACIOUS DONATION FROM THE BERNS-SOLOMON FAMILY FOUNDATION FIDELITY CHARITABLE GIFT FUND AND THE ANDERSON CHILDREN'S FOUNDATION TO THE POLICE DEPARTMENT'S YOUTH POLICE ACADEMY: ACTION: 1) Adopt Resolution No. 21458, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING WITH GRATITUDE THE DONATION FROM THE ANDERSON CHILDREN'S FOUNDATION AND THE BERNS-SOLOMON FAMILY FOUNDATION CHARITABLE GIFT FUND TO THE POLICE DEPARTMENT'S YOUTH POLICE ACADEMY." Approved as part of the Consent Calendar. 2.M. PROPOSED EMPLOYMENT AGREEMENTS WITH POLICE CHIEF GARY JEANDRON: Removed from the Consent Calendar for separate discussion. City Council Minutes November 16,2005 Page 7 2.N. EXCESS EARTHQUAKE/FLOOD INSURANCE COVERAGE RENEWAL IN THE AMOUNT OF $20 MILLION AT A COST NOT TO EXCEED $389,700: Removed from the Consent Calendar for separate discussion. 2.0. DISPOSAL OF MISCELLANEOUS SURPLUS (NON-CAPITAL) ITEMS: ACTION: 1) Adopt Minute Order No. 7777, Authorizing staff to utilize "best practices" to dispose of miscellaneous non-capitalized surplus; and 2) Adopt Minute Order No. 7778, Approving the donation of a surplus fire engine to Riverside Community College to be utilized in their Regional Fire Academy. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.13. APPROVAL OF MINUTES: Councilmember Mills requested the minutes be corrected to reflect a correct motion regarding Item 1.13. on the minutes. ACTION: Approve the City Council Minutes of November 2, 2005 as amended by correcting the motion on Item I.B. Page 3. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried. 2.1. JAMES 0. JESSIE DESERT HIGHLAND UNITY CENTER EXPANSION, CITY PROJECT NO. 04-05: The City Council discussed funding of the project. ACTION: Adopt Minute Order No. 7775, Approving the plans, specifications and working details for the James O. Jessie Desert Highland Unity Center Expansion, City Project No. 04-05, and authorizing staff to advertise and solicit bids. Motion Councilmember Mills, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote. 2.J. AMENDMENT #3 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN 2005 — 2006: Fire Chief Blake Goetz provided background information as outlined in the staff report dated November 16, 2005. ACTION: Adopt Resolution No. 21457, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT #3 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN, ADOPTED BY RESOLUTION 21284." Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote. City Council Minutes November 16,2005 Page 8 2.M. PROPOSED EMPLOYMENT AGREEMENTS WITH POLICE CHIEF GARY JEANDRON: City Manager Ready provided background information as outlined in the staff report dated November 16, 2005. The City Council discussed and/or commented on the following: current retirement benefits, auto and cell phone allowance, benefits of other Police Chief's in the Coachella Valley, responsibility for the payment of pension benefits, current shortage of qualified applicants for police chiefs. ACTION: Adopt Minute Order No. 7776, Authorizing the City Manager to execute three (3) employment contracts with Gary Jeandron to retain him as Police Chief until 2008, for a net savings to the General Fund of $56,465 over the life of the contracts. A5190. Motion Mayor Pro Tern McCulloch, seconded by Councilmember Foat and unanimously carried on a roll call vote. 2.N. EXCESS EARTHQUAKE/FLOOD INSURANCE COVERAGE RENEWAL IN THE AMOUNT OF $20 MILLION AT A COST NOT TO EXCEED $389,700: Assistant City Manager Butzlaff provided background information as outlined in the staff report dated November 16, 2005. The City Council discussed and/or commented on the following: additions to the property valuations, funding from the Risk Management Fund, inclusion of the Airport and funding of the Airport. Councilmember Mills requested next year staff provide the City Council further analysis of actual replacement cost and the extent of damage could or may occur. ACTION: 1) Adopt Resolution No. 21459, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE CITY'S EXCESS EARTHQUAKE/FLOOD (DIFFERENCE IN CONDITION) INSURANCE RENEWALS;" 2) Adopt Resolution No. 21460, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR 2005-06 FISCAL YEAR;" and 3) Authorize the City Manager to execute all necessary documents. Motion Councilmember Pougnet, seconded by Councilmember Foat and unanimously carried on a roll call vote. City Council Minutes November 16,2005 Page 9 3. LEGISLATIVE: 3.A. INTENTION FOR SUNRISE WAY RULE 20A UTILITY UNDERGROUNDING DISTRICT: David Barakian, City Engineer, provided background information as outlined in the staff report dated November 16, 2005. The City Council discussed and/or commented on the following with respect to the Undergrounding District: the leverage of 20A Funds and current availability and mortgaging of funds. ACTION: 1) Adopt Resolution No. 21461, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, GIVING NOTICE OF ITS INTENTION TO ESTABLISH A RULE 20A UTILITY UNDERGROUNDING DISTRICT ON THE WEST SIDE OF SUNRISE WAY BETWEEN EAST PALM CANYON DRIVE AND SUNNY DUNES ROAD;" and 2) Adopt Resolution No. 21462, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, GIVING NOTICE OF ITS INTENTION TO ESTABLISH A RULE 20A UTILITY UNDERGROUNDING DISTRICT ON THE EAST SIDE OF SUNRISE WAY BETWEEN VISTA CHINO AND SAN RAFAEL DRIVE." Motion Councilmember Mills, seconded by Mayor Pro Tern McCulloch and unanimously carried. 3.13. PROPOSED ORDINANCE MODIFYING THE PROVISIONS OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO CODE ENFORCEMENT AND ADMINISTRATIVE CITATIONS: City Attorney Holland provided background information as outlined in the staff report dated November 16, 2005. ACTION: 1) Waive reading of the proposed ordinance and read by title only; and 2) Introduce on first reading Ordinance No. 1679, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 1.01.140, 1.06.020, 1.01.150, 8.04.340, SUBSECTIONS 1.06.030 A, 1,06.040 B, 1.06.040 C, 1.06.060 A, 1.06.220 A, 2.50.080 (a), 11.72.220 A, AND 11.72.220 E OF, AND REPEALING SECTION 8.04.135 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ADOPTION OF MODIFICATIONS TO PROVISIONS OF THE CODE ENFORCEMENT AND ADMINISTRATIVE CITATIONS ORDINANCES." Motion Councilmember Mills, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote. 4. UNFINISHED BUSINESS: 4.A. AMENDMENT NO. 3 TO AGREEMENT NO. A4713 PROVIDING AN EXTENSION OF EXCLUSIVE AGREEMENT TO NEGOTIATE WITH City Council Minutes November 16,2005 Page 10 SDC, LLC FOR DEVELOPMENT OF THE TAHQUITZ CREEK RESORT HOTEL PROJECT: John Raymond, Director of Community and Economic Development provided background information as outlined in the staff report dated November 16, 2005. ACTION: Adopt Minute Order No. 7779, Approving Amendment No. 3 to Agreement No. A4713, with SDC, LLC providing a six-month extension of Exclusive Agreement to Negotiate for development of the Tahquitz Creek Resort Hotel Project to be located at the Tahquitz Creek Golf Course on Golf Club Drive. A4713. Motion Councilmember Mills, seconded by Mayor Oden and unanimously carried on a roll call vote. 5. NEW BUSINESS: 5.A. APPOINTMENT TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION: ACTION: Appoint Robert Barnes, Jr. to the Palm Springs International Airport Commission for an unexpired term ending June 30, 2006. Motion Councilmember Pougnet, seconded by Councilmember Foat and unanimously carried. COUNCILMEMBER COMMENTS AND REPORTS: Mayor Pro Tern McCulloch commented on the recent meeting of Palm Springs Entertainment and Opportunities Subcommittee and the upcoming 2005 Equality California Awards Gala at the Palm Springs Convention Center; congratulated Mayor Oden on his receipt of the Equality Award. Councilmember Foat commented on the recent City Council subcommittee meeting with Tenet Healthcare regarding the closing of mental health facilities in Palm Springs. Councilmember Pougnet requested updates by December 31, 2005 on the proposed blighted building ordinance and green building ordinance. Councilmember Pougnet commented on the numerous phone calls he received regarding scalping of grass in Palm Springs and recognized the re-election of Councilmembers and acknowledged Mayor Oden's receipt of the 2005 Equality California Award. Councilmember Mills commented on the process of assessing fees relating to False Alarms and requested the Police Chief meet with companies that provide alarm service. Councilmember Mills commented on the recent Historical Society picnic, Veterans Day events and activities, and a new hydrogen cell bus that will be part of the SunLine System. Mayor Oden outlined the activities attended by the Mayor's Office. Mayor Oden commented on the Veterans Day Parade in Palm Springs, the upcoming event The Stars at the Palm Springs Museum, reported on proposed changes within the Palm City Council Minutes November 16,2005 Page 11 Springs Desert Resorts Convention and Visitors Authority, and congratulated re-elected CounciImembers. City Engineer Barakian provided an update regarding the funding for Interstate 10 overpass funding. Mayor Oden requested a report or plan for potential upcoming vacancies at the Palm :iprings Mall and the County Offices across from City Hall. ADJOURNMENT: The City Council adjourned at 8:34 P.M. to a Regular City Council Meeting at 6:00 P.M., Wednesday, December 7, 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 ,T" DAY OF DECEMBER, 2005. Mayor ATTEST: City Clerk