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HomeMy WebLinkAbout2006-04-19 CC MINUTES PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, APRIL 19, 2006 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6.08 P.M. PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the Pledge. INVOCATION: Rev. Kevin Johnson, Bloom in the Desert, led the Invocation. ROLL CALL: PRESENT: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. REPORT OF CLOSED SESSION: City Attorney Holland stated that at 4:00 P.M. the meeting was called to order and the City Council recessed into Closed Session to discuss items on the posted Closed Session Agenda. No reportable actions were taken. ACCEPTANCE OF THE AGENDA: City Clerk Thompson stated staff requested the City Council remove Item 4.A. from the Agenda. Councilmember Mills noted his abstention on Item 2.B. the Minutes of April 5, 2006, noted his business related abstention on Consent Calendar Item 2.G. Councilmember Pougnet noted his abstention on Item 2.B. the Minutes of April 5, 2006; and requested Item 2.1-1. be removed from the Consent Calendar for separate discussion. Mayor Pro Tern Foat requested Item 2.E. be removed from the Consent Calendar for separate discussion. Mayor Oden commented that he attended the opening of Wild for the Vine on Item 25. ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded by Councilmember McCulloch and unanimously carried on a roll call vote. PRESENTATIONS: Mayor Oden and the City Council acknowledged F. Thomas Kieley, Jr., for receiving the 2006 Senior Inspiration Award and presented a Certification of Commendation and the key to the City. City Council Minutes April 19, 2006 Page 2 Mayor Oden and the City Council presented Team Greater Palm Springs a Certificate of Recognition for their support to the community. John Morris on behalf of Artist Vernon Finney presented original artwork "Reach" to the City Council. Police Chief Gary Jeandron administered the Oath of Office to Police Officers Tarina Cornell, Shawn Flinn, and Mario Kasal. Councilmember Pougnet and the City Council proclaimed April 22, 2006 as Earth Day in the City of Palm Springs and presented a Proclamation to Wesley Cale who explained the activities of Earth Day. 1. PUBLIC HEARINGS: 1.A. FOUR SEASONS TENTATIVE TRACT MAP 31525, APPLICATION BY K. HOVNANIAN COMPANIES, SUBDIVIDING AN APPROXIMATE 23.9 ACRE PARCEL INTO 70 SINGLE-FAMILY RESIDENTIAL LOTS AND TWO WATER QUALITY LOTS AND DEDICATED PARKLAND: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated April 19, 2006. Councilmember Pougnet requested a correction to the date of the Resolution. Mayor Pro Tern Foat requested clarification on the size of the houses on the lots and lot coverage. Mayor Oden opened the public hearing and the following speakers addressed the City Council. DAVID BARON, Representing Applicant, requested relief from Condition No. 40 regarding Park improvements. DAMON GASCON, Representing Applicant, stated that all discussions with previous staff did not include the dedicated parkland as indicated by staff; provided background information on the site, and stated his disagreement with Condition No. 7. No further speakers coming forward, the public hearing was closed. Councilmember McCulloch commented on the proposed agreement. Councilmember Mills requested clarification regarding Condition No. 4 regarding the sidewalk and bicycle path and Condition No. 5 regarding Sunrise Parkway; requested clarification from the Applicant regarding Conditions Nos. 7 and 40, if City Council Minutes April 19, 2006 Page 3 this is the last phase of PD 267 and if the park site was included on the original PD 267, or a separate PD; and requested additional information from staff. Mayor Pro Tern Foat requested clarification on the preparation of the map, condition regarding the mitigation measures in the Environmental Assessment, condition regarding the construction of the Sunrise Parkway. Councilmember McCulloch stated his support for more time due to the recent materials supplied by the Applicant. Councilmember Pougnet stated the subject parcel has always been approved as a park and requested staff clarify the PD issues. Councilmember Mills requested clarification on the previously approved maps and PD's. ACTION: 1) Continue the public hearing to May 3, 2006; and 2) Direct the City Clerk to post a notice of Continued Public Hearing. Motion Councilmember Mills, seconded by Mayor Oden and unanimously carried on a roll call vote. Councilmember Mills stated he has a business related conflict of interest with respect to Item 1.B. would not participate in the discussion and vote; and left Council Chamber at 7:17 P.M. 1.13. NEXUS DEVELOPMENT - CASE NO. 5.1082 PLANNED DEVELOPMENT DISTRICT 321 AND TENTATIVE TRACT MAP 34165 FOR A PROJECT CONSISTING OF 84 MULTIPLE-FAMILY DWELLING UNITS WITH PRIVATE STREETS LOCATED AT THE SOUTHEAST CORNER OF AVENIDA CABALLEROS AND ALEJO ROAD (444 AVENIDA CABALLEROS AND 1013 ALEJO ROAD): Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated April 19, 2006. Mayor Oden requested clarification on the number of pools in the development. Mayor Pro Tern Foat requested clarification with respect to the current buildings on the property. Mayor Oden opened the public hearing and the following speakers addressed the City Council. MARK KIRKHART, Representing Applicant, provided background information and an overview of the project, and stated the project meets all the requirements of density and open space, street width and requesting a variation on height in one portion of the project. City Council Minutes April 19, 2006 Page 4 PHIL ALLEN, Palm Springs, stated he did not receive any notification of the meeting, stated the proposed project is attractive, commented on the installation of public art on the property of Alejo Vista and requested the Alejo Vista HOA have some input in the selection of artwork and asked if the City will own the art work. JOHN HUNTER, Palm Springs, commented on the Condition regarding the raised median by Alejo Vista and requested the median remain. DAVID SIMPSON, Palm Springs, stated the notice of the hearing was inadequate, commented on the median previously deemed essential and the proposed artwork installation. DARRON DAHLE, Palm Springs, expressed concerns of additional traffic and impacts to the Alejo Vista residents and requested an entrance to the Nexus project on Alejo. No further speakers coming foward, the public hearing was closed. Councilmember McCulloch requested clarification on the noticing of the proposed project; requested clarification on the maintenance and installation of the art work and the median. Mayor Pro Tern Foat commented on the proposed median and the previous requirements and the proposed artwork. Councilmember Pougnet requested clarification if the Tribe is in agreement with the art work on the side medians in lieu of the center median, and requested staff address the noticing issues. Mayor Oden commented on the noticing, requested clarification on the public art and requested an update on Section 14 Plans; commented on medians, and requested clarification on the previous charges imposed for the Alejo Vista median. Councilmember Pougnet requested clarification on the condition of public art for the Alejo Vista. ACTION: 1) Adopt Resolution No. 21561, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1082, PLANNED DEVELOPMENT DISTRICT 321 AND TENTATIVE TRACT MAP 34165 FOR NEXUS DEVELOPMENT, A RESIDENTIAL CONDOMINIUM DEVELOPMENT WITH 84 RESIDENTIAL UNITS AND COMMON AREAS, ON AN 8.5 ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF AVENIDA CABALLEROS AND ALEJO ROAD, SECTION 14, T4S, R4E, SBBM" amending Avenida Caballeros Condition No. 10 to provide for the dedication of an art easement with the City's obligation to City Council Minutes April 19, 2006 Page 5 maintain the artwork and the applicant shall install and dedicate to the City public art on the South West and South East Corners; and 2) Direct staff to provide for specific notification and a process for the Alejo Vista residents when the artwork is before the Public Arts Commission. Motion Mayor Pro Tem Foat, seconded by Councilmember Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: None. ABSENT: Councilmember Mills. Council recessed at 8:09 P.M. The City Council reconvened at 8:14 P.M. Councilmember Mills returned to the dais. PUBLIC COMMENT: BOB ELSNER, Palm Springs, requested the City Council consider the Airport Commission's recommendation to request the review of the rotating voting status of commissioners. HAROLD STONE, Palm Springs, thanked the City Council and staff for the installation of the sound wall in his neighborhood. ALISON ELSNER, Palm Springs, commented on Consent Calendar Item 2.1. request for funding of the Family YMCA of the Desert for a regional facility. RICHARD KAY, Palm Springs, commented on development on Milo Drive. THOMAS HALL, Palm Springs, thanked the City Council for the Earth Day presentation and requested the City Council form an Energy Commission. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., and 2.1. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and File the Report on the Posting of the April 19, 2006, City Council Agenda. Approved as part of the Consent Calendar, 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of April 5, 2006, and April 12, 2006. Approved as part of the Consent Calendar, noting the abstention of City Council Minutes April 19, 2006 Page 6 Councilmember Mills and Councilmember Pougnet on the April 5, 2006 Minutes. 2.C. STAFF AUTHORIZED AGREEMENTS FOR MARCH 2006- ACTION- Receive and file Staff Authorized Agreements covering the period March 1 through March 31, 2006. Approved as part of the Consent Calendar. 2.1). APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS. ACTION. 1) Adopt Resolution No. 21562, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 3-25-06 BY WARRANTS NUMBERED 410117 THROUGH 410168 TOTALING $76,379.82, LIABILITY CHECKS NUMBERED 1012244 THROUGH 1012248 TOTALING $894.65, AND THREE ELECTRONIC ACH DEBITS OF $1,026,433.90 IN THE AGGREGATE AMOUNT OF $1,103,708.37 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.F. REQUEST BY SCOTT MORGAN FOR THE ADOPTION OF A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO HOLD WINE TASTINGS AT WILD FOR THE VINE, 390 NORTH PALM CANYON DRIVE, ZONE CBD, SECTION 15: ACTION. Adopt Resolution No. 21564, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL ALCOHOL AT WILD FOR THE VINE LOCATED AT 390 NORTH PALM CANYON DRIVE, ZONE CBD, SECTION 15." Approved as part of the Consent Calendar. 2.G. PURCHASE OF BANQUET CHAIRS FOR THE CONVENTION CENTER: ACTION: 1) Adopt Minute Order No. 7849, Approving the cooperative purchase of 3,000 banquet chairs for the Convention Center in the amount of $207,801 from MityLite, Inc. via the State of Utah contract. Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills. 2.1. REQUEST FOR FUNDING ASSISTANCE FROM FAMILY YMCA OF THE DESERT: ACTION. Receive and File. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.E. AGREEMENT WITH DESTINATION RAMON, LLC FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY, GRANT EASEMENT, AND REIMBURSEMENT TO THE PUBLIC ART FUND IN THE AMOUNT OF $79,621.37: Mayor Pro Tern Foat requested clarification with respect to the developer's responsibilities. City Council Minutes April 19, 2006 Page 7 Councilmember Mills noted the requirement in the agreement that the artwork is fixed and remains with the property. ACTION: 1) Adopt Minute Order No. 7848, Approving an agreement with Destination Ramon, LLC for placement of artwork on private property, grant of easement, and reimbursement of public art fee in the amount of $79,621.37; 2) Adopt Resolution No. 21563, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2006-07;" and 3) Authorize the City Manager to execute all necessary documents. A5273. Motion Councilmember McCulloch, seconded by Mayor Oden and carried 4-1 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Oden. NOES: Mayor Pro Tern Foat. 2.1-1. PURCHASE OF NATURAL GAS: Councilmember Pougnet requested staff address the timing and the process of when to purchase the gas and at what price. Mayor Oden requested staff address volume discounts. Councilmember Mills commented on the timing of purchasing natural gas. Councilmember Pougnet requested the City Manager provide progress reports to the City Council with respect to the price of natural gas prices. ACTION: 1) Adopt Minute Order No. 7850, Authorizing the City Manager to purchase natural gas at the best available price for a period not to exceed 18 months; 2) Authorize the City Manager to execute all necessary documents to effectuate this action; and 3) Direct the City Manager to provide routine updates on the price of Natural Gas and the purchase to the City Council. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: 4.A. FISCAL YEAR 2006-07 CITYWIDE ANNUAL MAINTENANCE DISTRICTS, PROPOSITION 218 NOTICING AND BALLOTING: ACTION: Withdrawn at the request of staff. Approved under Acceptance of the Agenda. 5. NEW BUSINESS: None. City Council Minutes April 19, 2006 Page 8 COUNCILMEMBER COMMENTS AND REPORTS: City Manager Ready provided information on a recent building fire and requested Fire Chief Goetz provide an oral incident report. Councilmember Mills commented on maintenance of median islands and requested the City Attorney review the issue. Mayor Pro Tern Foat announced upcoming activities in the City of Palm Springs. Mayor Oden commented on activities and events attended by the Mayor's Office; requested staff highlight changes in last minute items from staff; requested an update with respect to Section 14 at the next joint meeting of the City Council and Tribal Council; requested an update on the Medical Marijuana committee; and requested a study session on the Co-Generation Plants. Mayor Pro Tern Foat requested all Councilmembers receive correspondence from Sheryl Hamlin and Frank Tysen with respect to the conversion of small hotels to condo units and requested this item be placed on a Council Agenda for discussion. ADJOURNMENT: The City Council adjourned at 9:01 P.M. to a Study Session on Wednesday, April 26, 2006, at 6:00 P.M., City Hall, City Council Chamber, preceded by a Closed Session at 4:00 P.M., City Hall, Small Conference Room, 3200 East Tahquitz Canyon Way, Palm Springs. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 3RD DAY OF MAY, 2006. MAYOR ATTEST: Clerk