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HomeMy WebLinkAbout2006-04-12 CC MINUTES PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, APRIL 12, 2006 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:11 P.M. PLEDGE OF ALLEGIANCE: Mayor Oden led the Pledge. 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: Councilmember McCulloch requested Items 2.B. and 2.D. be removed from the Consent Calendar for separate discussion. Councilmember Mills requested clarification with respect to an individual annexation request on Consent Calendar Item 2.D. Councilmember Pougnet noted his abstention on the Mizell Senior Center subrecipient agreement on Public Hearing Item 1.A. Mayor Pro Tern Foat requested Item 2.B. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. PRESENTATIONS: Mayor Oden announced the birth of twins to Councilmember Pougnet and Steven Green. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. City Council Minutes April 12, 2006 Page 2 1. PUBLIC HEARINGS: 1.A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FISCAL YEAR 2006- 07 ANNUAL ACTION PLAN AND CDBG BUDGET ADOPTION, ACCEPTANCE AND APPROVAL OF THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) - GRANT NO. B-06-MC-06- 0561, IN THE AMOUNT OF $518,598, FOR FISCAL YEAR 2006-07 CDBG PROGRAM, 32nd PROGRAM YEAR: Councilmember Mills noted his business related abstention on the subrecipient agreement with Palm Springs Unified School District. Dale Cook, Community Development Administrator, provided background information as outlined in the staff report dated April 12, 2006. Councilmember Pougnet requested staff clarify the decrease in requests and the number of proposals for public facilities. Mayor Oden requested staff address the 15% cap on public service programs. Mayor Pro Tem Foat requested clarification with respect to how the recipients complete a proposed project or program without full funding and the City's Home Repair Program. Mayor Oden requested staff provide further information on the proposed funding to the Fair Housing Council of Riverside. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. AL SMOOT, Palm Springs, thanked the City Council for consideration to the Palm Springs Sunup Rotary Foundation, Shoes That Fit Program. DEAN LOCKWOOD, provided background information on the proposed grant to the Mizell Senior Center, HVAC Energy-Efficient Improvements. MARY BELARDO, requested funding for Casa and thanked the City Council for the two-years of prior funding. AMANDA SPEED, requested support for the Fair Housing Council of Riverside, Fair Housing Program. TRACY PIPER, provided background information and requested funding for the Palm Springs Unified School District, Cafe Ramon Culinary Arts Program. City Council Minutes April 12, 2006 Page 3 DENNIS KAZARIAN, thanked the City Council and requested support for funding of the Santiago Sunrise Village Mobile Home Park Corporation, Parking Lot and Playground Improvement funding. FRED NOBLE, requested funding for the Palm Springs Air Museum programs not recommended by the Committee. No further speakers coming forward, the public hearing was closed. Mayor Pro Tem Foat requested clarification on the amount of funds allocated by HUD, the overall grant funding and how the Committee evaluated the proposals. Mayor Oden commented on the notification and the public hearing process during the grant review and recommendation period. Councilmember Pougnet asked staff to address HUD projections for the next year and the allocation to public facilities and services. Mayor Oden commented on the lack of funding to the Palm Springs Air Museum and some of the challenges with the numerous requests for funding; requested clarification with respect to the request from Family Services of the Desert, Mental Health Program. Councilmember Mills requested clarification on the review and selection process. CAC Members provided information on the scoring process. Mayor Pro Tem Foat requested clarification on the scoring and selection process. Mayor Oden commented on the selection process. Mayor Oden requested clarification on the timing of the decision. Councilmember McCulloch commented on the CAC and the qualitative element of the process and requested staff report and modify the process for future grant years. Mayor Pro Tem Foat commented on the hard work by the CAC and recommends the City Council take action and consider modifying the process for future years. Councilmember Pougnet commented on the grant scoring and requested the City Council move forward this evening. Councilmember Mills commented on the scoring process and the final determination. City Council Minutes April 12, 2006 Page 4 Councilmember Pougnet requested clarification on the posting of scores and the evaluation of scores. Mayor Oden commented on the posting of scores and commented on further evaluation. Mayor Pro Tern Foat requested clarification on the status of reconvening the CAC. Councilmember McCulloch commented on the need to make a decision this evening, or reallocate funds. ACTION: 1) Adopt Resolution No. 21557, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2006 - 2007 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN; APPROVING THE CDBG FUNDING BUDGET FOR FISCAL YEAR 2006-07; AUTHORIZE THE SUBMITTAL OF THE PLAN AND BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD);" A5260, and 2) Approve the following subrecipient agreements subject to approval of the City Attorney and authorize the City Manager to execute all necessary documents: Deserts AIDS Project— Entrance ADA Upgrade Renovation $ 22,088 A5261 Santiago Sunrise Village Mobilehome Park Corporation — Parking Lot & Playground Improvements $ 80,000 A5262 Stroke Recovery Center— Energy Conservation Improvements $ 50,000 A5263 Mizell Senior Center— HVAC Energy-Efficient Improvements $ 75,000 A5264 Palm Springs Sunup Rotary Foundation — Shoes That Fit $ 15,000 A5265 Shelter From the Storm — Domestic Violence Outreach & Advocacy $ 15,000 A5266 Coachella Valley Housing Coalition — Coyote Run After-School Program $ 15,000 A5267 Palm Springs Unified School District — Cafe Ramon Culinary Arts Program $ 17,790 A5268 City Council Minutes April 12, 2006 Page 6 Fair Housing Council of Riverside — Fair Housing Program $ 15,000 A5269 Fair Housing Council of Riverside — Landlord/Tenant Resolution Program $ 10,000 A5270 Palm Springs Community & Economic Development Department— Home Repair Program $110,000 A5271 Motion Mayor Pro Tern Foat, seconded by Councilmember Pougnet and unanimously carried on a roll call vote, noting the abstention of Councilmember Pougnet on the Mizell Senior Center subrecipient agreement and Councilmember Mills on the Palm Springs Unified School District subrecipient agreement. PUBLIC COMMENT: HAROLD STONE, Palm Springs, stated he provided the City Council with a revised map of the sound contours of the Airport; requested the City placed a sound meter on his property to measure the noise. ALAN SYSLO, commented on immigration and Section 274 of the proposed Federal legislation HR4437. VIC GAINER, Palm Springs, commented on the components of Item 4.A. and thanked staff for including many of the Citizens Task Force recommendations. CHARLES SACHS, Palm Springs, read a letter from Roxann Ploss regarding Item 5.A. creation of a Homeless Task Force. CANDACE CORBETT, commented on development in the hillside areas, and the development on Milo street. SHERYL HAMLIN, thanked the City Council for forming the Citizens Task Force, and requested support for Item 4.A. Zoning Text Amendment on Hillside Regulations for the Chino Cone and adjacent hillside areas. STEVE NICHOLS, spoke regarding Item 4.A. and requested support of the draft ordinance as approved by the Citizens Task Force and noted some exceptions. JONO HILDNER, Palm Springs, commented on the higher level of density on the Chino Cone and the organizations dedicated to preserve the Chino Cone and open space designation. JEFF WELSHANS, commented on the current development on Milo Drive and height in the Downtown area. City Council Minutes April 12, 2006 Page 6 RICHARD KAY, Palm Springs, commented on the current development on Milo Drive. DON BRUHNKE, Palm Springs, commented on the status of current Federal legislation HR4437 and immigration reform. The City Council recessed at 8:00 P.M. The City Council reconvened at 8:13 P.M. SS. STUDY SESSION: SS1. DISCUSSION AND DIRECTION ON HILLSIDE REGULATIONS FOR THE CHINO CONE AND ADJACENT HILLSIDE AREAS: Craig Ewing, Director of Planning Services, provided background information. Mayor Pro Tern Foat thanked staff for including the reports on density transfer and requested clarification of density transfer within the ordinance, the slope requirements, and commented on the design standards, pad heights, golf courses as open space, requested a model on planning areas 1-9 as built-out per the draft ordinance. Councilmember Pougnet requested clarification on the timing of density transfer, commented on the residential zone in area 5.A. and the role of the Citizens Task Force in the process. Councilmember Mills commented on developing a model or models, area not specific to Chino Cone but encompassing hillside or hillside condition, delay of the density transfer issues and discussion, hillside designation, allowing horses, permitted uses including hotels along with resort hotels, retail and/or commercial component near the visitors center, including golf course, prohibited uses, limiting height as opposed to one-story, ordinance v. specific plan, density adjustments, density in area 8, open space, environmental analysis, computer generated models, cut and fill techniques, site planning, street design pavers or decorative concrete, design guidelines and lighting, walls and fences, landscaping. Mayor Oden commented on density transfer, permitting horses and preservation. Councilmember McCulloch commented on alternative energy sources and use of evaporative coolers, and maintaining pools. Councilmember Pougnet commented on the next step of the process and the amount of open space. See Council Action under Item 4.A. City Council Minutes April 12, 2006 Page 7 The City Council took the Consent Calendar out of order before Study Session Item SS2. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A. and 2.C. Motion Mayor Pro Tern Foat, seconded by Councilmember Pougnet 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 April 12, 2006, City Council Agenda. Approved as part of the Consent Calendar. 2.C. AGREEMENT WITH LSA ASSOCIATES, INC. FOR FOCUSED ENTITLEMENT AND EIR SERVICES FOR BMW OF PALM SPRINGS LOCATED AT 3919 EAST PALM CANYON DRIVE: ACTION: 1) Adopt Minute Order No. 7847, Approving an agreement with LSA Associates, Inc, for Focused Entitlement and EIR services for BMW of Palm Springs, Projects 3.2871 and 5.1101 GPA, in an amount not to exceed $27,000; and 2) Authorize the City Manager to execute all necessary documents. A5272. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.13. ENDORSEMENT AND SUPPORT OF CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2006: Barbara Roberts, Director of Library Services, provided background information as outlined in the staff report dated April 12, 2006, Mayor Pro Tern Foat commented on the importance of this bond issue. Councilmember McCulloch requested the proposed amount expected by the City of Palm Springs and commented on net cost and local match funds. Mayor Oden commented favorably on the legislation and the current status of the Palm Springs library. ACTION: Adopt Resolution No. 21558, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ENDORSING AND SUPPORTING THE 2006 CALIFORNIA STATE LIBRARY BOND." Motion Mayor Pro Tern Foat, seconded by Councilmember Pougnet and carried 4-1 on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: Councilmember McCulloch. City Council Minutes April 12, 2006 Page 8 2.13. INTENT TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 FOR PUBLIC SAFETY SERVICES: Troy Butzlaff, Assistant City Manager, provided background information as outlined in the staff report dated April 12, 2006. Councilmember McCulloch stated his opposition to the CFD. Councilmember Mills noted his business related abstention with the annexation request for Contempo Homes development, Alexander Country Club Estates. ACTION: 1) Accept petition, and consent and waiver from certain developers regarding the annexation of territory to Community Facilities District No. 2005-1; 2) Adopt Resolution No. 21559, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1, PUBLIC SAFETY SERVICES;" 3) Adopt Resolution No. 21560, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY PROPOSED TO BE ANNEXED IN THE FUTURE TO COMMUNITY FACILITIES DISTRICT NO. 2005-1, PUBLIC SAFETY SERVICES;" and 4) Set a public hearing to be held at 6:00 p.m. on May 17, 2006, for public testimony, for and against, and for the filing of written protest by a property owner regarding the annexation of territory to Community Facilities District No. 2005-1, and the levy of a special tax for public safety services. (If there is no "majority protest", a special landowner election will be called for immediately thereafter). Motion Mayor Pro Tern Foat, seconded by Councilmember Pougnet and carried 4-1 on a roll call vote, noting the abstention of Councilmember Mills with respect to the annexation request by Contempo Homes, Alexander Country Club Estates. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: Councilmember McCulloch. SS2. GENERAL PLAN LAND USE MAP: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated April 12, 2006 and presented a Power Point presentation. Mayor Pro Tern Foat requested clarification on annexation and the sphere of influence. Councilmember McCulloch commented on the development of the Multi-Species Habitat area. City Council Minutes April 12, 2006 Page 9 Councilmember Mills requested clarification on the wind overlay zone. Mayor Oden commented on the current designation of industrial/commercial on the North end of the City. Councilmember Mills commented on the proposed industrial/commercial land on the North end. Mayor Pro Tern Foat requested clarification on the sphere of influence. Councilmember Mills requested clarification as to Planning Commission input and the process with LAFCO. ACTION: 1) Direct staff to proceed with the General Plan Update and include the 1-10 Corridor; and 2) Direct staff to include an approximate 1,400 acres currently unincorporated county into the proposed general plan land use and work with LAFCO to include this area in the City's sphere of influence. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote. 3. LEGISLATIVE: 4. UNFINISHED BUSINESS: 4.A. INITIATION OF ZONING ORDINANCE TEXT AMENDMENT ON HILLSIDE REGULATIONS FOR CHINO CONE AND ADJACENT HILLSIDE AREAS: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated April 19, 2006 and as discussed in Study Session Item SS1. ACTION: Approve the initiation of a Zoning Ordinance Text Amendment and associated environmental review for zoning standards and regulations for the Chino Cone and adjacent hillside areas. Motion Councilmember Mills, seconded by Mayor Oden and unanimously carried on a roll call vote. 5. NEW BUSINESS: 5.A. CREATE A HOMELESS AND ECONOMICALLY DISADVANTAGED TASK FORCE, APPOINTMENT OF ITS MEMBERS TO ADDRESS THE NEEDS OF THE HOMELESS AND ECONOMICALLY DISADVANTAGED IN THE CITY OF PALM SPRINGS: Mayor Pro Tern Foat provided background information with respect to the City Council sub-committee and the ad-hoc group working on this information. Councilmember Pougnet commented on the openness and transparency of the current Task Force. City Council Minutes April 12, 2006 Page 10 ACTION: 1) Appoint Shiela Gratten, Jim Hicks, Sly Zelnys, Linda Barrack, Arlene Rosenthal, Craig Borba, Councilmember Pougnet, and Mayor Pro Tern Foat to the Homeless and Economically Disadvantaged Blue Ribbon Committee; and 2) Add a representative from the County of Riverside and one Client representative at the discretion of the City Council sub-committee. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 5.13. APPOINTMENT OF A CITY COUNCIL SUB-COMMITTEE TO REVIEW APPLICATIONS FOR THE CITY COUNCIL'S APPOINTMENT TO THE MOUNT SAN JACINTO WINTER PARK AUTHORITY (TRAMWAY BOARD): ACTION: Appoint Mayor Oden and Councilmember Mills to a City Council sub- committee to review and interview applicants for the City Council's appointment to the Mount San Jacinto Winter Park Authority (Tramway Board). Motion Mayor Pro Tern Foat, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 5.C. APPOINTMENT OF CITY COUNCIL SUB-COMMITTEE WITH RESPECT TO MEDICAL MARIJUANA DISPENSARIES: ACTION: Appoint Councilmember Foat and Councilmember Pougnet to serve on the City Council subcommittee with respect to Medical Marijuana Dispensaries. Motion Councilmember Mills, seconded by Mayor Oden and unanimously carried on a roll call vote. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember McCulloch commented on the frequency of Adjourned Meetings, the Milo Road development; and announced the celebration of Passover. Councilmember Pougnet requested clarification on the status of the vacant building ordinance and announced Earth Day and renewable energy, requested the City recognize the activities. Mayor Pro Tern Foat requested staff respond to Mr. Stone's request for a noise study, and Councilmember Mills commented on the process of such a study and requested the City Manager to report on the next sound study update per the Airport Master Plan. Mayor Pro Tern Foat commented on, and requested an update on the Milo Drive construction site. Mayor Oden announced the activities and events attended by the Mayor's Office and requested the meeting be adjourned in memory of Frank Cullen, Sr. City Council Minutes April 12, 2006 Page 11 ADJOURNMENT: The City Council adjourned in memory of Frank Cullen, Sr. at 10:41 P.M. to the Regular Meeting, Wednesday, April 19, 2006, 2006, at 6:00 P.M., City Hall Council Chamber, preceded by a Closed Session at 4:00 P.M., City Hall Small Conference Room, 3200 Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 19T" DAY OF APRIL, 2006. a MA OR ATTEST: Clerk