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HomeMy WebLinkAbout2006-02-01 CC MINUTES PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, FEBRUARY 1, 2006 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:08 P.M. PLEDGE OF ALLEGIANCE: Boy Scout Troop 262 led the Pledge. INVOCATION: Mayor Oden 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, and City Clerk Thompson. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:30 P.M. Mayor Oden called the meeting to order and the City Council recessed into Closed Session to discuss Items 3 and 4.13. on the posted Closed Session Agenda. No reportable actions were taken. PRESENTATIONS: A. Enterprise Rent-A-Car. Mark Bellinger, Palm Springs Bureau of Tourism, introduced Enterprise Rent-a-Car and the public/private partnership created when Enterprise provided the Bureau with a vehicle for Tourism activities. B. Multi Species Habitat Conservation Plan (CVAG). John Wolmouth and Bill Havert, Coachella Valley Association of Government, Ed Kibbey, BIA, introduced members of the Project Team and outlined the draft final plan of the Multi Species Habitat Conservation Plan. Mayor Pro Tern Foat requested clarification and commented on the Gene Autry Trail Freeway projects and the potential build out of the Interstate Interchanges. Councilmember Mills requested clarification from the City Engineer regarding Interstate 10 Interchanges, administration of the plan by the CVCC, the process/requirements of projects being submitted to the CVCC staff, and the reasons for Palm Springs being written out of the plan. Councilmember Pougnet requested clarification regarding the Shadowrock project and "incidental take," the status of the City Council Subcommittee and commented on the Gene Autry and Indian Canyon road improvements. City Council Minutes February 1, 2006 Page 2 Councilmember McCulloch requested clarification on the proposed requirements regarding a bridge if increasing the roadway at Gene Autry Trail, the portion of the City of Palm Springs in the conservation area, and requested CVAG provide information relative to Palm Springs and the other desert cities. Mayor Oden commented on the role of the CVCC in the Palm Springs area and requested clarification on the analysis and portability of "take," and other desert cities participation. ACCEPTANCE OF THE AGENDA: Mayor Pro Tern Foat requested Public Hearing Item 1.D. be continued for four-weeks and directed staff to prepare other Resolutions of Intent. ACTION: 1) Continue Public Hearing Item No. 1.D. to March 1, 2006 and Direct the City Clerk to post a Notice of Continued Public Hearing; and 2) Direct staff to return to the City Council on February 15, 2006 with a Resolution of Intent to underground Sunrise Way (east of Palm Canyon to Sunny Dunes) and a Resolution of Intent to underground Ramon Road, Motion Mayor Pro Tern Foat, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. Mayor Pro Tern Foat requested Item 2.D. be modified to include the proposed letter be sent to all appropriate legislators. Councilmember McCulloch requested Item 2.D. be removed from the Consent Calendar for separate discussion. Councilmember Mills requested Item 2.1-1. be removed from the Consent Calendar for separate discussion, and noted his business related abstention on Consent Calendar Item 2.K. Councilmember Pougnet requested Item 2.1-1. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Councilmember Pougnet, seconded by Councilmember McCulloch and unanimously carried on a roll call vote. 1. PUBLIC HEARINGS: 1.A. APPLICATION AND APPEAL BY SPRINT PCS FOR A CONDITIONAL USE PERMIT FOR THE INSTALLATION OF ONE SIXTY-FIVE-FOOT (651) TALL COMMERCIAL COMMUNICATION ANTENNA DESIGNED AS A MONOPALM POLE AND ONE EQUIPMENT CABINET SHELTER WITHIN A 14-FOOT BY 25-FOOT LEASE AREA LOCATED AT 1800 SOUTH SUNRISE WAY, ZONE R-G-A-6, SECTION 25: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated February 1, 2006. City Council Minutes February 1, 2006 Page 3 Councilmember Mills requested clarification of the proposed site. MAUREEN MERCURY, spoke against the installation of the communication antenna and outlined the health risks. MICHAEL LAMBERT, Palm Springs, spoke against the installation of a cellular antenna on the proposed site. Councilmember Mills requested clarification regarding other applications for the site. Councilmember McCulloch requested clarification regarding the staff recommendation to the Planning Commission, and requested clarification from the City Attorney regarding the requirements of our current ordinance. Mayor Oden provided background with respect to other applications for the site. ACTION: Adopt Resolution No. 21498, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND DENYING CASE 5.0979 FOR A CONDITIONAL USE PERMIT TO ALLOW A COMMERCIAL COMMUNICATION ANTENNA AND EQUIPMENT SHELTER AT 1800 SOUTH SUNRISE WAY, ZONE R-G-A- 6, SECTION 25." Motion Councilmember Pougnet, seconded by Mayor Pro Tern Foat and unanimously carried on a roll call vote. 1.B. PROPOSED ORDINANCE ADDING CHAPTER 9.69 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF DRAINAGE, ROAD AND BRIDGE, AND FIRE PROTECTION IMPACT FEES IN THE PALM CANYON AREA: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated February 1, 2006. ACTION: 1) Waive reading of the proposed ordinance and read by title only; and 2) Introduce on first reading Ordinance No. 1681, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 9.69 TO THE PALM SPRING MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF DRAINAGE, ROAD AND BRIDGE, AND FIRE PROTECTION IMPACT FEES IN THE PALM CANYON AREA." Motion Councilmember Mills, seconded by Mayor Pro Tern Foat and unanimously carried on a roll call vote. I.C. TTM 33035, APPLICATION BY MOUNTAIN MEADOWS ASSOCIATES, FOR A TENTATIVE TRACT MAP TO CREATE A ONE LOT City Council Minutes February 1, 2006 Page 4 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 February 1, 2006. PAUL SELZER, representing applicant, provided background information and statistical information as outlined in his letter to the City Council dated January 28, 2006. BRAD FORRESTER, San Diego, spoke in favor of the proposed conversion and the tract map. Councilmember Pougnet requested clarification from the City Attorney regarding the "legal demand." Councilmember Mills thanked the applicant for the additional information and commented on the statistical information in the Staff Report and suggested approval but requiring the property be in compliance with current plans and permits. Councilmember McCulloch requested clarification if the Applicant understands the suggested conditions of approval with respect to returning the property to approved standards. ACTION: 1) Adopt Resolution No. 21499, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. TTM33035 AN 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" as amended by adding a condition relating to compliance with current plans and specifications and requiring the property to conform to approved entitlements and permits and amending Condition No. 13 to read "The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the issuance of a Final Map"; and 2) Order the filing of the Notice of Exemption, pursuant to California Environmental Quality Act (CEQA), Section 15301 Existing Facilities, regarding the Class 1 Categorical Exemption for this project. Motion Councilmember McCulloch, seconded by Mayor Oden and unanimously carried on a roll call vote. City Council Minutes February 1, 2006 Page 5 1.D. RULE 20A UNDERGROUNDING DISTRICT ALONG EAST PALM CANYON DRIVE: Continued to March 1, 2006 under Approval of the Agenda. PUBLIC COMMENT: HAROLD STONE, Palm Springs, expressed concerns regarding the Helicopter Noise at the Palm Springs International Airport and spoke against the proposed T-34 Fly-in. VIC GAINER, Palm Springs, stated the Palm Springs Chino Canyon Coalition supports the Hillside Development Ordinances and the CVCC Multi Species Conservation Plan. The City Council recessed into Closed Session at 8:17 P.M. The City Council reconvened at 8:51 P.M. REPORT OF CLOSED SESSION: City Attorney Holland reported that the City Council recessed into Closed Session to discuss Item 3.B. on the posted Closed Session Agenda. No reportable actions were taken. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: City Manager Ready reported on the progress on the new screening lanes at the Palm Springs International Airport, and provided an update on the newsrack, administrative citation process and vacant building ordinances. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A, 2.13, 2.C, 2.E, 2.F, 2.G, 2.1, 2.J, 2.K and 21. 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 February 1, 2006, City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of January 18, 2006, and January 25, 2006. Approved as part of the Consent Calendar. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21500, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1010482 THROUGH 1010737 IN THE AGGREGATE AMOUNT OF $2,004,445.94 DRAWN ON BANK OF AMERICA;" and 2) Adopt Resolution No. 21501, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS City Council Minutes February 1, 2006 Page 6 FOR THE PERIOD ENDED 1-14-06 BY WARRANTS NUMBERED 409836 THROUGH 409894 TOTALING $73,764.16, LIABILITY CHECKS NUMBERED 1010738 THROUGH 1010766 TOTALING $126,280.22, THREE WIRE TRANSFERS FOR $53,568.60, AND THREE ELECTRONIC ACH DEBITS OF $858,519.28 IN THE AGGREGATE AMOUNT OF $1,112,132.26 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.E. PROPOSED LETTER OF INTEREST REGARDING TELECOMMUNICATIONS REFORM: ACTION: Authorize the Mayor to execute a letter of interest to Legislators and Congressional Representatives on Telecommunications Reform. Approved as part of the Consent Calendar. 2.F. TREASURER'S INVESTMENT REPORT AS OF DECEMBER 31, 2005: ACTION: Receive and File Treasurer's Investment Report as of December 31, 2005. Approved as part of the Consent Calendar. 2.G. APPROVAL OF EXTENSION FOR AUDIT SERVICES WITH MAYER HOFFMAN MCCANN, PC, FORMERLY CONRAD & ASSOCIATES: ACTION: 1) Adopt Minute Order No. 7804, Approving Amendment No. 3 to Agreement No. 4361, an extension of the agreement for auditing services for one year with Mayer Hoffman McCann PC, formerly Conrad & Associates in the amount of $67,550 in a form acceptable to the City Attorney; and 2) Authorize the City Manager to execute the necessary documents. A4361. Approved as part of the Consent Calendar. 2.1. MEMORANDUM OF AGREEMENT WITH THE UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION FOR THE USE OF FOUR AIRPORT PROPERTIES ON A NO COST BASIS: ACTION: 1) Adopt Minute Order No. 7806, Approving Memorandum of Agreement with the United States of America, Federal Aviation Administration, for the use of four airport properties on a no cost basis, effective February 1, 2006, and valid through September 30, 2026; and 2) Authorize the City Manager to execute all necessary documents. A5225. Approved as part of the Consent Calendar. 2.J. APPROVING FISCAL YEAR 2005-06 ASSESSMENT OF SELF-INSURANCE PLAN TO THE STATE OF CALIFORNIA SELF INSURANCE PLANS: ACTION: Adopt Minute Order No. 7807, Approving Fiscal Year 2005-06 Department of Industrial Relations, Self-Insurance Plans License Fees and Trust Funds to the State of California Self Insurance Plans in the amount of $36,557.04. Approved as part of the Consent Calendar. City Council Minutes February 1, 2006 Page 7 2.K. APPROVAL OF FINAL MAP 33577 (FOR LEASEHOLD PURPOSES) AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH ALEJO CABALLEROS II, LLC, FOR A ONE LOT TRACT MAP FOR CONDOMINIUM PURPOSES LOCATED AT 455 NORTH AVENIDA CABALLEROS, SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST: ACTION: 1) Adopt Resolution No. 21503 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 33577 (FOR LEASEHOLD PURPOSES) FOR PROPERTY LOCATED AT 455 NORTH AVENIDA CABALLEROS, SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH ALEJO CABALLEROS II, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY;" and 2) Authorize the City Manager to execute all necessary documents. A5226. Noting the business related abstention of Councilmember Mills. Approved as part of the Consent Calendar. 2.L. APPROVE AN INCREASE IN THE PURCHASE ORDER ISSUED TO CARL WARREN & COMPANY FOR THIRD PARTY CLAIMS ADMINISTRATION AND ADJUSTMENT SERVICES: ACTION: 1) Adopt Minute Order No. 7808, Approving an increase in the purchase order issued to Carl Warren & Company for third party claims administration in an amount not-to-exceed $45,000; and 2) Authorize the City Manager to execute all necessary documents to effectuate this purchase. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR ITEMS: 2.D. PROPOSED LETTER OF SUPPORT FOR SB153 THE CALIFORNIA CLEAN WATER, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2006: Councilmember Mills provided background information as outlined in the materials distributed to the City Council. Councilmember McCulloch requested clarification on the $40 million funding in the proposed letter and the overall bond request as reported in SB153. Mayor Pro Tern Foat commented on the state bond issue. ACTION: Authorize the Mayor to execute a letter to California Senator Denise Ducheny and other appropriate legislators in support of S13153. Motion Councilmember Mills, 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 February 1, 2006 Page 8 2.H. AWARD CONTRACT FOR UNARMED SECURITY GUARD SERVICES: Councilmember Mills requested clarification and commented on the estimated hours of the library and the parking structure comparing year 1 and year 2, and the use of funds for security cameras. Councilmember Pougnet requested clarification on the placement of the security guard and contract administration. Councilmember McCulloch commented on taking items out of fund balance. ACTION: 1) Adopt Minute Order No. 7805, Approving an agreement with International Services, Incorporated for unarmed security guard services for a three-year period in an amount not-to-exceed $329,050; 2) Adopt Resolution No. 21502, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2005- 06" as amended directing the City Manager to secure an appropriate source of funds other than the Capital Improvement Fund for Security Cameras and General Fund Balance; and 3) Authorize the City Manager to execute all documents in a form acceptable to the City Attorney. A5224. Approved as part of the Consent Calendar. Motion Councilmember Mills, seconded by Mayor Pro Tern Foat and unanimously carried on a roll call vote. 3. LEGISLATIVE: 3.A. DISCUSSION OF MULTI SPECIES HABITAT CONSERVATION PLAN (MSHCP): City Manager Ready stated no action or discussion was required at this time. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: None. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember McCulloch requested staff consider the order of agenda to move the Acceptance of the Agenda prior to Presentations, requested a report on airplane and helicopter noise at the Airport and requested the City Clerk provide clarification regarding the initiative process. Mayor Pro Tern Foat requested staff report to the City Council and respond to Mr. Stone regarding airplane and helicopter noise, and commented on the recent Smart Growth Conference in Denver, CO. Councilmember Pougnet commented on a proposed Citizens Initiative regarding height limitations in the Downtown area and the Downtown Design Guidelines. City Council Minutes February 1, 2006 Page 9 Councilmember Mills requested the Downtown Design Guidelines be placed on the City's website, requested for a report on the Grease Trap ordinance, requested the City Manager investigate a disconnect between Business License and Zoning, requested the Planning Director investigate the transfer of sign permit approvals from staff to the Planning Commission/Architectural approval. Mayor Oden announced the formation of a Cable Needs Taskforce and encouraged citizen participation, announced the activities and events attended by the Mayor's Office; and requested City Council adjourn the meeting in memory of Coretta Scott King. ADJOURNMENT: The City Council adjourned 9:39 P.M., in memory of Coretta Scott King, to the Study Session Meeting, Wednesday, February 8, 2006, at 6:00 P.M., preceded by a Closed Session at 5:00 P.M., City Council Chamber, 3200 E. Tahquitz Canyon Way, Palm Springs. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 15TH DAY OF FEBRUARY, 2006. MAYOR ATTEST: ity Clerk