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HomeMy WebLinkAbout4/6/2005 - STAFF REPORTS (7) CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 8, 2004 Special/Adjourned Regular Meeting A Special/Adjourned Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Oden, in the Large Conference Room, 3200 Tahquitz Canyon Way, on Wednesday, December 8, 2004, at 6:00 p.m. ROLL CALL: Present: Councilmembers Foat, McCulloch, Mills, Pougnet and Mayor Oden REPORT OF POSTING OF AGENDA: Acting Chief Deputy City Clerk reported the agenda was posted in accordance with established policies and procedures on December 3, 2004. Agenda Item No. 1 was withdrawn at the request of the City Manager. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business CITY COUNCIL PUBLIC COMMENTS: Vic Ganier, Palm Springs, spoke of Dave Aleshire's future departure from the City and thanked him for his service. The following stated opposition to the Mountain Region (Hillside) Initiative: • Steve Nichols, Palm Springs • Ernest Vincent, Palm Springs • Marshall Ininns, Laguna Beach • Mike Bolin, Palm Springs • Nick DiBari, Palm Springs • Ziva Hillinger, Palm Springs • John Pavelak, Palm Springs • Michael Kassinger, Palm Springs • Robert Fey, Palm Springs • Michael Grant, Riverside • Chris Finley, Palm Springs • Dennis Cunningham, Palm Springs • Jim White, Palm Desert • Jim Schledit, Palm Springs • Michael Braun, Palm Springs • Ethan Kaminsky, Palm Springs • Carlos Cueva, Palm Springs The following spoke in support of the Mountain Region (Hillside) Initiative: • Greg Day, Palm Springs • Frank Gaydos, Palm Springs • Dana Stewart, Palm Springs • Jane Smith, Palm Springs • Frank Tysen, Palm Springs • Lobo Vadenscearce, no address given City Council Minutes December 8, 2004 Joan Taylor, Palm Springs spoke in support of both the Mountain Region (Hillside) Initiative and the Palm Hills Referendum. Sam Maggio, Cathedral City, spoke in support of Agenda Item No. 1. APPROVAL OF CONSENT AGENDA: None PUBLIC HEARINGS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None LEGISLATIVE ACTION: 1. GENERAL OBLIGATION BONDS TO PURCHASE LAND IN THE MOUNTAIN REGION SPECIAL MUNICIPAL ELECTION — MARCH 8, 2005 second reading and adoption (first reading and introduced 12-01-04) Item was withdrawn at the request of the City Manager. 2. DESIGNATION OF AUTHORS FOR ARGUMENTS AMEND BALLOT LANGUAGE— HILLSIDE (MOUNTAIN REGION) INITIATIVE RESTATING ALL BALLOT MEASURES SPECIAL MUNICIPAL ELECTION — MARCH 8, 2005 Recommendation: That the Council consider and designate authors for the ballot argument, amend the Hillside (Mountain Region) ballot language, and adopt a resolution restating all ballot measures. City Attorney presented the staff report. Mayor Oden excused himself from the meeting at 7:15 p.m. It was the consensus (Oden absent) of the Council to receive and file the staff report. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests Mayor Pro Tern Mills requested staff prepare a resolution in opposition to the Mountain Region (Hillside) Initiative. PUBLIC reports or requests: None STAFF reports or requests: None Page 2 City Council Minutes December 8, 2004 ADJOURNMENT: There being no further business, Mayor Pro Tern Mills declared the meeting adjourned at 7:28 p.m. Respectfully submitted, Velma Burnell Acting Chief Deputy City Clerk Kathie Hart, CMC Acting City Clerk Page 3 PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, MARCH 2, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 7:08 p.m. PLEDGE OF ALLEGIANCE: City Clerk Thompson led the Pledge. INVOCATION: Pastor Jim Griffes, Palm Springs Presbyterian Church led the Invocation. ROLL CALL: (All Agencies) PRESENT: Councilmember Foat, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern McCulloch, Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, Assistant City Manager Butzlaff, City Attorney Holland, City Clerk Thompson, City Treasurer Kanarr. PRESENTATIONS: Charles Robles, General Manager, Parker Hotel, presented a check to the City Council in the amount of $7,000 for the Visitor Center Sign from the adopt a Rose Bush program. APPROVAL OF THE AGENDA: Councilmember Mills noted his abstention on Community Redevelopment Agency/City Council Item RA3 due to property ownership. Councilmember Foat noted her abstention on Community Redevelopment Agency/City Council Item RA3 due to property ownership. ACTION: Approve the Agenda as presented. Motion Councilmember Mills, seconded by Councilmember Foat 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. The City Council received reports, and no reportable actions were taken. 1. PUBLIC HEARINGS: 1.A. TENTATIVE TRACT MAP 28668 — APPLICATION BY EDITH ARMSTRONG TOOR TO SUBDIVIDE 4.48 ACRES OF LAND INTO SIX SINGLE FAMILY RESIDENTIAL LOTS — WEST OF ROSE AVENUE AT CORONADO AVENUE — ZONE R-1-A, SECTION 10 ACTION: Table with no public testimony, direct staff to re-notice the Public Hearing. By consensus of the City Council. City Council Minutes March 2,2005 Page 2 1.B. CASE NO. 5.0973 PD-287 TTM 31095 — APPLICATION BY WESSMAN DEVELOPMENT FOR A PRELIMINARY PLANNED DEVELOPMENT DISTRICT (NO. 287) AND TENTATIVE TRACT MAP 31095 TO SUBDIVIDE 30.4 ACRES INTO 46 RESIDENTIAL LOTS, WITH 38 GRADED LOTS AND EIGHT UNGRADED LOTS FOR FUTURE DEVELOPMENT AS SINGLE FAMILY RESIDENCES, WITH A PRELIMINARY PLANNED DEVELOPMENT DISTRICT TO ALLOW A REDUCTION IN MINIMUM INTERIOR LOT WIDTH FROM 120' TO 110', A REDUCTION IN MINIMUM CORNER LOT WIDTH FROM 140' TO 121', REDUCED FRONT YARD SETBACKS FROM 25' TO 15' WITH SIDE ENTRY GARAGES, AND WITH LIMITED 25' MAXIMUM BUILDING HEIGHTS IN THE HILLSIDE AREA, LOCATED AT 751 WEST VIA ESCUELA, SOUTH OF SANBORN WAY AND NORTH OF CHINO CANYON DRIVE, ZONE R-1-A, SECTION 3, APN NOS. 504-150-002, 504-150-008 AND 504-150-009: Alex Meyerhoff, Principal Planner, provided background information as outlined in the staff report dated March 2, 2005. Mayor Oden opened the Public Hearing and the following speakers addressed the City Council. JOHN WESSMAN, Palm Springs, Applicant, provided an overview of the project. He commented on the modifications he made to the project based on the public and Planning Commission input. Stated they started with 56 lots and have reduced down to 46 lots, also reductions in lot size and density. Commented on the enhancements of egress and ingress for the development. JOHN GOODRICH, Palm Springs, presented a folder including the neighborhood report of the project. Requested the Council deny the project in its present form. RODNEY DREW, Palm Springs, commented on rock crushing on the site, stated the redesign is only 5-days old. Requested the City Council deny the project. WALTER BAUMHOFF, Palm Springs, commented on the retention basins, the water tanks and the effect of rock crushing on the water tanks. JOHN MACON, Palm Springs, spoke regarding the changing of the character of the community; commented on the use of Chino Canyon Road for this development. ANDY LINSKY, Palm Springs, commented on the substantial redesign in the last two weeks with no public notice; stated the City lacks rules on hillside development and evidence exists for an EIR to be prepared. City Council Minutes March 2,2005 Page 3 VIC GAINER, Palm Springs, commented on other developments by the Applicant. FRANK GAYDOS, Palm Springs, commented on rock crushing and terracing the mountainsides, requested an EIR be prepared. CHARLES SACHS, Palm Springs, commented on air quality and the impacts due to his health. GREG DAY, Palm Springs, stated his concerns regarding the rock grinding and health issues, requested an EIR be prepared. MARTHA HIGGINS, Palm Springs, spoke about a fungus Coccidiodes immitis "Valley Fever" stated there is no evidence the fungus will be an impact. JOANNE FUTERER, Palm Springs, expressed her concerns with air quality and impacts for those in poor health; commented on rock crushing. CAROLE SUKMAN, Palm Springs, requested the City Council delay a decision until after the election; commented on traffic, other developments. MARVIN ROOS, Palm Springs, commented on the gate at Via Escuela, condition 24 grading and pads, condition 29 retaining walls, requested the approval to leave cul-de-sac as-is, and condition 80 fill slopes. ROXANN PLOSS, Palm Springs, commented on the negative aspects of the project, provided written testimony regarding population growth. KAY HAZEN, Palm Springs, stated the developer could build a great development on this site, but this is not it. Requested the City Council delay the decision and come-up with a project that is acceptable. ATSON REEDER, Palm Springs, commented on the health aspects of rock crushing. KIM MCNULTY, read a letter from Jon Caffery, President of the Palm Springs Economic Development Corporation's support of the project. RICHARD OPLER, requested further study and requested an EIR be prepared; commented on rock crushing, grading and sloping. RICHARD SIMON, Palm Springs, commented on the community participation; stated the Council should not base any decisions regarding this project based on economic factors, stated his opposition. City Council Minutes March 2,2005 Page 4 DANA STEWART, Palm Springs, stated the Developer, the Planning Commission and the City Council have ignored her concerns; commented on sustainable development. EMILY HEMPHILL, stated the project is consistent with the General Plan; outlined the public benefits to the project; stated the Developer is not getting any special treatment and the Developer has tried to comply with the public requests. HAN GIROUX, Palm Desert, outlined some of the points of the latest redesign for the mitigation of rock crushing and air quality. GLADYS KRENEK, Palm Springs, stated no tract houses should be allowed in Chino Canyon; stated her opposition to the project. SAM SPINELLO, Indian Wells, stated his support of smart growth, such as the proposed project; outlined some of the other projects of the developer. PADNREIA OTT, Palm Springs, stated her opposition of the development; commented on the streets that will access the development. JANE SMITH, Palm Springs, stated the city is ignoring, bending or downgrading Federal, State, County and City laws. JOHN MARTIN, Palm Springs, stated the downtown needs help; stated the need to push hillside development is not needed to support the downtown; commented on health aspects. JOHN WESSMAN, Palm Springs, Applicant, commented on tract homes in the area, and further outlined changes that were made by the Planning Commission. No further speakers coming forward, Mayor Oden closed the Public Hearing. The City Council recessed at 9:19 P.M. The City Council reconvened at 9:35 P.M. The City Council commented on or discussed the following aspects of the project: rock crushing, noise and air quality impacts from rock crushing, EIR preparation due to the existence of public controversy surrounding the project, temporary relocation of surrounding neighbors with health issues, postponement of the Council decision and send back to the Planning Commission for the best project of the subject property, gated project, public access to documents and information, all components of the project allowed by the General Plan, infill projects not needing an EIR, requesting independent study on rock crushing, height limit, storing rocks on location and returning them after construction, traffic patterns and circulation. City Council Minutes March 2,2005 Page 5 ACTION: 1) Continue the Public Hearing to March 16, 2005; and 2) Direct staff to obtain an independent study on rock crushing. Motion Councilmember Mills, seconded by Mayor Oden and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Mills, Councilmember Pougnet, and Mayor Oden. NOES: Mayor Pro Tern McCulloch. PUBLIC COMMENT: ROBERT R. VAN ETTER, Palm Springs, stated his support on Measure B and opposition to Measure C on the upcoming election. KEN FEENSTRA, Palm Springs, commented on the history and the development needed to sustain downtown; state his opposition on Measure B. DENNIS CUNNINGHAM, stated his opposition to Measure B and support of Measure C. CARRIE ALLAN, Palm Springs, stated there is a social element to the General Plan, and all parties were involved in the process; commented on Measures B and C. WILLIE HOLLAND, Palm Springs, commented on the youth issues and Desert Highland Park. ROMAN PELLUM, Palm Springs, commented on the new "Planting Seeds Program" with youth services. JOY MEREDITH, Palm Springs, commented on public awareness; stated her opposition to Measure B and support of Measure C. SCOTT MEREDITH, Palm Springs, spoke in support of Consent Calendar Item 2.H. regarding VillageFest Budget Amendment. DENNIS PAULIN, Palm Springs, commented on the increase in transient parking fees at the Palm Springs Airport. STEVE NICHOLS, Palm Springs, commented on Measures B and C on the upcoming election; stated his opposition to Measure B. DANA STEWART, Palm Springs, continued her comments on the Item 1.8. outside of the public hearing; stated her support for Measure B and opposition to Measure C. THOMAS VAN ETTEN, Palm Springs, stated the Fashion Plaza is problematic and the perceptions with regard to the Developer. APRIL HILDNER, stated her support for Measure B. City Council Minutes March 2,2005 Page 6 FRANK GAYDOS, Palm Springs, commented on Section 14, the Fashion Plaza, downtown revitalization; stated his support for Measure B and opposition to Measure C. ERNIE VINCENT, Palm Springs, commented on Measure B and a recent article in the Desert Sun regarding fundraising for the Election, stated his opposition to Measure B. COUNCILMEMBER COMMENTS AND REQUESTS: Councilmember Pougnet stated that Palm Springs has been losing population and commented on urban sprawl. Councilmember Foat announced a tax assistance and refund program for low income residents through CVAG, commented on the "Eyes Wide Open" event on March 13. Mayor Oden commented on a recent tour of students from El Cielo Vista School, and the Walk-A-Stars proclamation and program, mentioned activities of Black History Month and parade and the Forum on Measures B and C. Mayor Oden announced the activities of the Mayor's Office and the events attended by the Mayor. Mayor Oden requested the City Manager place on a future Study Session agenda, a discussion of the League of California Cities proposal on modifications to CDBG. Mayor Pro Tem McCulloch requested clarification regarding the continuation of the Public Hearing Item 1.B. Councilmember Mills commented on the Urban Design Workshop. ACTION: Continue the meeting past the tentative 11:00 PM adjournment time. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried. CITY MANAGER'S REPORT: No report. The City Council recessed at 11:10 P.M. as a Joint Meeting of the City Council and the Palm Springs Community Redevelopment Agency. JOINT MEETING CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY PUBLIC HEARING: RA1. FIRST AMENDMENT TO A0458C AN EXISTING DISPOSITION AND DEVELOPMENT AGREEMENT WITH K. HOVNANIAN COMPANIES OF CALIFORNIA, INC., A SUCCESSOR IN INTEREST TO BURNETT DEVELOPMENT CORPORATION TO ALLOW THE SALE OF A 1.06 ACRE PARCEL OF AGENCY-OWNED LAND: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated March 2, 2005. City Council Minutes March 2,2005 Page 7 Mayor Oden opened the Public Hearing, and no speakers coming forward the Public Hearing was closed. ACTION: Adopt Resolution No. 21218, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY REGARDING THE APPROVAL OF THE FIRST AMENDMENT TO A0458C A DISPOSITION AND DEVELOPMENT AGREEMENT WITH K. HOVNANIAN COMPANIES OF CALIFORNIA, INC., SUCCESSOR TO THE INTERESTS OF BURNETT DEVELOPMENT CORPORATION UNDER THE DISPOSITION AND DEVELOPMENT AGREEMENT, FOR THE PURCHASE AND DEVELOPMENT OF A 1.06± ACRE OF AGENCY-OWNED LAND KNOWN AS LOT `C' REMAINDER." Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. CONSENT CALENDAR: ACTION: Approve Item RA3. Motion Mayor Pro Tern McCulloch, seconded by Councilmember Pougnet and carried noting the abstentions of Councilmember Mills and Councilmember Foat. RA3. TEMPORARY LOAN FROM THE CITY OF PALM SPRINGS TO MERGED PROJECT AREA NO. 1 IN THE AMOUNT OF $370,000 FOR THE PURPOSE OF FACILITATING VIP MOTORS LAND SWAP: ACTION: 1) Adopt Resolution No. 21219, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2004-05 FISCAL YEAR." Approved as part of the Consent Calendar, noting the abstentions of Councilmember Mills and Councilmember Foat. The Joint Meeting of the City Council and the Palm Springs Community Redevelopment Agency adjourned at 11:13 P.M., the City Council continued. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E, 2.F., 2.G., 2.H., and 2.1. Motion Councilmember Foat, seconded by Councilmember Mills 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 Agenda, March 2, 2005 City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of December 1, 2004, February 2, 2005, February 9, 2005, February 16, 2005, and February 23, 2005. Approved as part of the Consent Calendar. 2.C. TENTATIVE PARCEL MAP 30581 — APPLICATION BY STROKE ACTIVITY CENTER FOR A TIME EXTENSION TO SEPTEMBER 18, City Council Minutes March 2,2005 Page 8 2005 FOR THE SUBDIVISION OF APPROXIMATELY FOUR ACRES OF LAND INTO TWO PARCELS ON THE NORTHEAST CORNER OF ALEJO ROAD AND COMMERCIAL ROAD, ZONES PD158 AND M-1-P, SECTION 12: ACTION: Adopt Resolution No. 21220 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM SEPTEMBER 18, 2004 TO SEPTEMBER 18, 2005 FOR TENTATIVE PARCEL MAP 30581 TO SUBDIVIDE APPROXIMATELY FOUR ACRES OF LAND INTO TWO PARCELS ON THE NORTHEAST CORNER OF ALEJO ROAD AND COMMERCIAL ROAD, ZONES PD-158 AND M-1-P, SECTION 12." Approved as part of the Consent Calendar. 2.D. AWARD OF CONTRACT FOR CAMINO AMAPOLA AND CAMINO PRIMROSE STREET IMPROVEMENTS: ACTION: Approve Minute Order No. 7640 Awarding Contract to International Pavement Solutions in the amount of $184,784.50 for Bid Schedules A and B and Additive Bid Schedules C and D, for the Camino Amapola and Camino Primrose Street Improvements, City Project No. 04- 11. A5045. Approved as part of the Consent Calendar. 2.E. REQUEST FROM PUBLIC ARTS COMMISSION TO PURCHASE A SCULPTURE ENTITLED 'WAVE OF RHYTHMS' BY JOHN MISHLER IN THE AMOUNT OF $30,000: ACTION: 1) Approve Minute Order No. 7641 approving the request from the Public Arts Commission to purchase a sculpture entitled 'Wave Rhythms' by John Mishler for $30,000; 2) authorizing the City Attorney to prepare an agreement for Purchase and Sale of Public Artwork and approving the agreement; and 3) Authorize the City Manager to execute all necessary documents. A5046. Approved as part of the Consent Calendar. 2.17. SECOND READING AND ADOPTION OF ORDINANCE NO. 1665 MODIFYING THE COMMENCEMENT OF REGULAR COUNCIL MEETINGS: ACTION: Waive further reading and adopt Ordinance No. 1665, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.04.010 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE TIME FOR THE COMMENCEMENT OF REGULAR MEETINGS OF THE CITY COUNCIL." Approved as part of the Consent Calendar. 2.G. REIMBURSEMENT AGREEMENT WITH THE COUNTY OF RIVERSIDE, CITY OF CATHEDRAL CITY, AND CITY OF DESERT HOT SPRINGS FOR INTERIM IMPROVEMENTS FOR PALM DRIVE AND DATE PALM DRIVE/INTERSTATE 10 INTERCHANGES: ACTION: Approve Minute Order No. 7642 authorizing the reimbursement agreement with the County of Riverside, City of Cathedral City, and City of City Council Minutes March 2,2005 Page 9 Desert Hot Springs for interim improvements for Palm Drive and Date Palm Drive/Interstate 10 interchanges for a total project cost not to exceed $1,550,000. A5047. Approved as part of the Consent Calendar. 2.H. PROPOSED VILLAGEFEST BUDGET AMENDMENT: ACTION: Adopt Resolution No. 21221 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2004-05 FISCAL YEAR TO APPROPRIATE $20,000 FROM THE VILLAGEFEST FUND BALANCE TO THE VILLAGEFEST ADVERTISING ACCOUNT." Approved as part of the Consent Calendar. 2.1. APPROVAL OF PAYROLL WARRANTS: ACTION: Adopt Resolution No. 21222 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED FEBRUARY 12, 2005." Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: None. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: None. 5. , NEW BUSINESS: 5.A. APPOINTMENT TO THE HISTORIC SITE PRESERVATION BOARD TO FILL UNEXPIRED TERM ENDING JUNE 30, 2005: City Clerk Thompson provided background information as outlined in the staff report dated March 2, 2005. ACTION: Continue until further directed by the City Council Sub- Committee. By consensus of the City Council. COUNCILMEMBER COMMENTS AND REPORTS: None. Councilmember Mills commented on the possibility of starting the March 16, 2005 City Council meeting at 6:00 P.M. ACTION: Reconsider Action for Public Hearing Item I.B. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried. ACTION: Continue Public Hearing Item 1.B. to Wednesday, March 16, 2005 at 6.00 P.M.. and direct the City Clerk to post a Notice of Continued Public Hearing. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried. City Council Minutes March 2,2005 Page 10 ADJOURNMENT: The City Council adjourned at 11:15 P.M. to a City Council Study Session and Adjourned Regular Meeting at 7:00 P.M., Wednesday, March 9, 2005, Council Chamber, preceded by a Closed Session at 6:00 P.M., City Hall Small Conference Room, 3200 Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 6th DAY OF APRIL, 2005. Mayor ATTEST: City Clerk PALM SPRINGS CITY COUNCIL STUDY SESSION AND ADJOURNED REGULAR MEETING MINUTES WEDNESDAY, MARCH 9, 2005 COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 7:02 P.M. PLEDGE OF ALLEGIANCE: Mayor Oden led the Pledge. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Mills, Mayor Pro Tern McCulloch, Mayor Oden. ABSENT: Councilmember Pougnet. ALSO PRESENT: City Manager Ready, Assistant City Manager Butzlaff, City Attorney Holland, City Clerk Thompson. APPROVAL OF THE AGENDA: City Clerk Thompson requested that the City Council hear Item 1.C. out of order immediately following Item I.A. ACTION: Approve the Agenda as amended. Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 6:00 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. The City Council received reports, and no reportable actions were taken. PUBLIC COMMENT: THOMAS VAN ETTEN, Palm Springs, spoke regarding the City Council abstaining from voting, Council procedures regarding the public during meetings, commented on Measure B on the March 8, 2005 election. ROBERT VAN ETTEN, Palm Springs, commented on issues regarding the March 8, 2005 election, the City Council support of the Measures and education of the public. CHARLES SACHS, Palm Springs, presented the City Council a cake in celebration of the Monitor and Merrimack's 143rd Anniversary. BILL RANSOM, spoke in support of Item 2.D., suspending the Noise Ordinance for the White Party. JEFFRE=Y SANKER, spoke in support of Item 2.D., suspending the Noise Ordinance for the White Party. CARLOS CUEVA, commented on Measure B on the March 8, 2005 election. ROXANN FLOSS, Palm Springs, commented on positions the City Council took regarding Measure B on the March 8, 2005 election. City Council Minutes March 9,2005 Page 2 DANA STEWART, Palm Springs, commented on sign theft with regard to the March 8, 2005 election and problems at one polling place. WILLIE HOLLAND, thanked the City Council for their support of the Black History Committee. JOY MEREDITH, Palm Springs, commented on Black History Month and Measure B on the March 8, 2005 election. JANE SMITH, Palm Springs, submitted written comments, commented on Measure B on the March 8, 2005 election and hillside development. FRANK TYSEN, Palm Springs, commented on the Measures on the March 8, 2005 election and development. MIKE WHEELER, Director Knott's Soak City Water Park, spoke in support of Item 2.D. suspending the Noise Ordinance for the White Party. DENNIS CUNNINGHAM, commented on the results of the March 8, 2005 election. ERNEST VINCENT, Palm Springs, commented on the results of the March 8, 2005 election and the balance of development. HAROLD BAUMER, Palm Springs, commented on the results of the March 8, 2005 and the theft of election signs during the election. COUNCILMEMBER COMMENTS AND REQUESTS: Councilmember Foat announced the "Eyes Wide Open Event" on March 13, 2005 and stated private funds were raised to bring the event to Palm Springs; commented on Downtown Development and activities. Mayor Oden announced the activities of the Mayor's Office and the events attended by the Mayor. Mayor Oden stated he filmed a Public Service Announcement to recruit Commissioners and Board Members, and announced the VillageFest 14th anniversary on March 17, 2005. CITY MANAGER'S REPORT: No Report. 1. STUDY SESSION: I.A. SALTON SEA AUTHORITY: Ron Enzweiler, Executive Director, Salton Sea Authority, provided background information and a power point presentation on the restoration efforts regarding the Salton Sea. The City Council discussed and/or commented on air-quality, the State concept for an evolving Sea with no marine lake alternative; no funding requirement from the City, with the exception for a request to fund the City Council Minutes March 9,2005 Page 3 lobbying effort; local plan with viable lake and recreation facilities; the importance of the lake to the Indian Tribe and the support of the Tribe of the local restoration plan. Mayor Oden directed the City Manager to place on a future agenda a funding request for lobbying efforts and a possible resolution regarding the local plan. Item 1.C. was heard out-of-order. I.C. TRAILS PLAN -- THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN: Gary Lueders, Chuck Nesbit, and Jane Udall presented the City Council the issues and concerns that the Coachella Valley Trails Users Coalition has with the Trails Plan in the MSHCP. The City Council discussed and/or commented on motives behind some of the elements of the plan; and the status of the public records request made to CVAG; inclusion of some of these points in the City's response to the plan. No action taken. 1.13. PROPERTY OWNERS OF RIVERSIDE COUNTY — THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN: Bruce Colbert, representing the property owners of Riverside County, provided background information and a power point presentation regarding the draft Coachella Valley MSHCP. The City Council discussed and/or commented on recent projects in the City affected by the plan. 2. CONSENT CALENDAR: Councilmember Mills requested that Item 2.D. be removed from the Consent Calendar for separate discussion. ACTION: Approve Items 2.A., 2.B., and 2.C. Motion Councilmember Foat, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and file. Approved as part of the Consent Calendar. 2.13. MAP 32363, SIX LOT SUBDIVISION, LOCATED AT 310 AND 320 WEST VISTA CHINO, SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, ROYAL DESERT PALMS, LLC: ACTION: 1) Adopt Resolution No. 21223 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 32363 FOR PROPERTY LOCATED AT 310 AND 320 WEST VISTA CHINO, SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST;" 2) Approve Agreement No. A5052, with Royal Desert City Council Minutes March 9,2005 Page 4 Palms, LLC for subdivision improvements; and 3) Authorize the City Manager to execute all necessary documents. A5052. Approved as part of the Consent Calendar. 2.C. AWARD OF CONSTRUCTION CONTRACT FOR FISCAL YEAR 2004/05 ANNUAL SLURRY SEAL CONTRACT (CP 05-02): ACTION: Approve Minute Order No. 7643, approving Agreement No. A5053 with Bond Blacktop, Inc. for Fiscal Year 2004/05 Annual Slurry Seal Program, Bid Schedules A, B, C, D, E, G, H, I, and J, in the amount of $728,174.57, CP 05-02. A5053. Approved as part of the Consent Calendar. 2.D. TEMPORARY SUSPENSION OF NOISE ORDINANCE (CHAPTER 11.74.00), NOISE NUISANCE (CHAPTER 11.08.040), DANCES (CHAPTER 5.12), AND SIGN ORDINANCE (CHAPTER 93.20.00) AND APPROVING A CARNIVAL ON MARCH 25-28, 2005 TO FACILITATE THE PLANNED EVENTS FOR THE "WHITE PARTY:" Removed from the Consent Calendar for separate discussion. EXCLUDED CONSENT CALENDAR: 2.D. TEMPORARY SUSPENSION OF NOISE ORDINANCE (CHAPTER 11.74.00), NOISE NUISANCE (CHAPTER 11.08.040), DANCES (CHAPTER 5.12), AND SIGN ORDINANCE (CHAPTER 93.20.00) AND APPROVING A CARNIVAL ON MARCH 25-28, 2005 TO FACILITATE THE PLANNED EVENTS FOR THE "WHITE PARTY:" ACTION: Adopt Resolution No. 21224 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING NOISE ORDINANCE (CHAPTER 11.74.00), NOISE NUISANCE (CHAPTER 11.08.040), DANCES (CHAPTER 5.12), AND SIGN ORDINANCE (CHAPTER 93.20.00), AND APPROVING A CARNIVAL ON MARCH 25-28 2005 TO FACILITATE THE PLANNED EVENTS FOR THE "WHITE PARTY." Motion Councilmember Foat, seconded by Mayor Pro Tern McCulloch and carried on a roll call vote. AYES:Councilmember Foat, Mayor Pro Tern McCulloch, and Mayor Oden. NOES: Councilmember Mills. ABSENT: Councilmember Pougnet. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: City Council Minutes March 9,2005 Page 5 S.A. CITY COUNCIL SUBCOMMITTEE TO PARTICIPATE IN THE DIRECTOR OF PLANNING INTERVIEWS: City Manager Ready provided background information and a status report of the recruitment of a Director of Planning Services. ACTION: Appoint Councilmember Mills and Mayor Oden to a City Council subcommittee to interview finalists for the Director of Planning. Motion Mayor Pro Tem McCulloch, seconded by Councilmember Mills and unanimously carried. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Mills and Councilmember Foat commented on the results of the election. ADJOURNMENT: The City Council adjourned at 9:05 P.M. to a Continued Public Hearing at 6:00 P.M., Wednesday, March 16, 2005, City Council Regular Meeting at 7:00 P.M., City Hall Council Chamber, preceded by a Closed Session at 5:00 P.M., City Hall Small Conference Room, 3200 Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 6th DAY OF April, 2005. Mayor Attest: City Clerk PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, MARCH 16, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:07 P.M. ROLL CALL: (All Agencies) PRESENT: Councilmember Foat, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tem McCulloch, Mayor Oden. 1. CONTINUED PUBLIC HEARING: 1.A. TENTATIVE TRACT MAP 31095 — CASE NO. 5.0973 — PD 304 - THE BOULDERS — WESSMAN DEVELOPMENT - 751 WEST VIA ESCULEA —APN's 504-150-002, 504-150-008, AND 504-150-009: ACTION: 1) Continue the Public Hearing to April 6, 2005 with no public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried. The City Council recessed into Closed Session at 6:09 P.M. 7:00 P.M. CITY COUNCIL REGULAR MEETING CALL TO ORDER: Mayor Oden reconvened the meeting at 7:09 P.M. PLEDGE OF ALLEGIANCE: United States Air Force Auxiliary Civil Air Patrol Color Guard, stationed at the Palm Springs Air Museum, led the Pledge. INVOCATION: Rev. Hank Bates, Desert Cities Community Church of Religious Science led the Invocation. ROLL CALL: (All Agencies) PRESENT: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern McCulloch, Mayor Oden. ABSENT: Councilmember Foat. ALSO PRESENT: City Manager Ready, Assistant City Manager Butzlaff, City Attorney Holland, City Clerk Thompson. PRESENTATIONS: The California Highway Patrol and the Automobile Club presented 10851 awards to Officer Denise Judd and Officer Simon Min. City Manager Ready presented to the City Council Steve Zehr, new Deputy Director Operations and Maintenance, at the Palm Springs International Airport. City Council Minutes March 16,2005 Page 2 APPROVAL OF THE AGENDA: Councilmember Mills noted his abstention on warrant number 1003549, Consent Item No. 2.1., as business related. Mayor Pro Tern McCulloch noted his abstention on warrant number 1003589, Consent Item No. 2.1. as business related. City Clerk Thompson stated that at the request of the Miss. Teen Organization, the City Manager requested that Item 5.A. be withdrawn from the agenda. City Clerk Thompson noted that the correct contract amount for Item 4.A. is $49,525. as indicated in the staff report. ACTION: Approve the Agenda as amended. Motion Councilmember Mills, seconded by Mayor Pro Tern McCulloch and unanimously carried. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 6:00 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. The City Council received reports, and no reportable actions were taken. 1. PUBLIC HEARINGS: 1.13. CASE 5.0830 PD-260 - APPEAL BY FAIRFIELD RESORTS OF THE PLANNING COMMISSION'S DECISION THAT THE FINAL DEVELOPMENT PLANS ARE NOT IN SUBSTANTIAL CONFORMANCE WITH THE PRELIMINARY PLANNED DEVELOPMENT DISTRICT FOR THE STAR CANYON RESORT - 961 SOUTH PALM CANYON DRIVE, - ZONES W-C-1 AND W-R-3, SECTIONS 22 AND 23: Gary Wayne, Interim Director of Planning Services, provided background information as outlined in the staff report dated March 16, 2005. Mayor Oden opened the Public Hearing and the following speakers addressed the City Council. FERNANDO VILLA, Representing Applicant, presented an overview of the project as outlined in his written summary of the appeal. GERALD KOI, Representing Applicant, commented on village atmosphere, and the architectural elements of the project. SHELLY SAUNDERS, Palm Springs, stated she represented 32 homeowners in the Canyons Development; stated she would like a 5-star resort as opposed to a "time-share." City Council Minutes March 16,2005 Page 3 VIC GAINER, Palm Springs, stated the project is out of character for the neighborhood and requested the Council send the project back to Planning. DR. JUDITH HARRIS, Palm Springs, commented on traffic that will be generated from the project. BRIAN CHILDS, Palm Springs, stated his opposition to this project. J. B. GOLD, commented on the architectural design of the project, stated his support of the project. JONO HILDNER, Palm Springs, requested the City Council deny the appeal as proposed by staff. TED BAUM, Palm Springs, representing initial Developer in the project, stated there is a Development and Disposition Agreement in place executed by the City and the Developer. ROXANNE PLOSS, Palm Springs, spoke against the height and the use as a time-share. FRANK TYSON, Palm Springs, expressed his concerns about the height, size and lack of view corridors, stated the project is too large and intense. CHARLES SACHS, Palm Springs, read a statement for Sheryl Hamlin, requesting the denial of the permit, stated objections against the height. LYNDA KERNEY, Palm Springs, requested the City Council send the project back to the Planning Commission for further revisions. FERNANDO VILLA, Representing Applicant, stated the City Council has the ability tonight to approve the final development plan, he stated the Transient Occupancy Tax will be made-up by the Frequency Fee and tax increment revenue. No further speakers coming forward the Public Hearing was closed. City Attorney Holland clarified that the City Council approved preliminary plans approximately two years ago and entered into various agreements with the developer. The City Council should review the current plans and determine if the current plans, are consistent with the preliminary plans approved under the Development Agreement. The City Council discussed or commented on the following components or aspects of the project: status of the approved project, if the plans as revised are similar to the preliminary plans; discussion regarding height, City Council Minutes March 16,2005 Page 4 traffic and density are off the table as the City Council's decision is only if the plans are in substantial conformance with the preliminary plans. ACTION: Return to the Planning Commission for full review. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote, noting the absence of Councilmember Foat. 1.C. TENTATIVE TRACT MAP 28668 — APPLICATION BY EDITH ARMSTRONG TOOR TO SUBDIVIDE 4.48 ACRES OF LAND INTO SIX SINGLE FAMILY RESIDENTIAL LOTS — WEST OF ROSE AVENUE AT CORONADO AVENUE —ZONE R-1-A, SECTION 10: Gary Wayne, Interim Director of Planning Services, provided background information as outlined in the staff report dated March 16, 2005. Mayor Oden opened the Public Hearing and the following speakers addressed the City Council. MARVIN ROSS, Representing Applicant, provided an overview of the project and requested modifications to the conditions: Final Design Condition 12 to read "street width and design," Private Street Condition 7 allowing a hammerhead curb design if approved by Planning. ANDY LINSKY, Palm Springs, stated the Mitigated Negative Declaration is out of date, and does not adequately address several elements: noise, air- quality, and blasting; stated his opposition to the project. EMILY HEMPHILL, stated the applicant is not requesting blasting or rock crushing, nor building heights; stated the Council is just approving a sub- division map, not a specific development. MARVIN ROSS, Representing Applicant, stated the project will consist of 6 custom homes, consistent with the neighborhood; commented on height. No further speakers coming forward the Public Hearing was closed. The City Council discussed or commented on the following components or aspects of the project: Final Design Condition No. 12, best infill project for the neighborhood, rock crushing, EIR. Councilmember Pougnet directed the City Manager, Planning Staff and Commission to review construction start times. ACTION: 1) Order the filing of a Mitigated Negative Declaration; and 2) Adopt Resolution No. 21225 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 28668 TO SUBDIVIDE 4.48 GROSS ACRES OF LAND INTO SIX SINGLE FAMILY RESIDENTIAL LOTS LOCATED City Council Minutes March 16,2005 Page 5 WEST OF ROSE AVENUE AND NORTH OF STEVENS ROAD, ZONE R- 1-A, SECTION 10" as amended Final Design Condition 12 to read "street width and design," Private Street Conditions 7 and 8 modified to allow hammerhead curb if approved by Planning and decorative concrete or pavers if approved by Planning. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote, noting the absence of Councilmember Foat. The City Council recessed at 8:34 P.M. The City Council reconvened at 8:57 P.M. I.D. TENTATIVE TRACT MAP 32378 — APPLICATION BY 500 E. PALM CANYON, LLC FOR TENTATIVE TRACT MAP FOR A ONE LOT, CONDOMINIUM MAP OF APPROXIMATELY 0.92 ACRES — 500 EAST PALM CANYON DRIVE — ZONE R-3, SECTION 12, APN 508353037 AND 508353038: Gary Wayne, Interim Director of Planning Services, provided background information as outlined in the staff report dated March 16, 2005. Mayor Oden opened the Public Hearing, no speakers coming forward the Public Hearing was closed. The City Council discussed the Resort Overlay designation; use of an administrative decision in lieu of a variance. ACTION: Adopt Resolution No. 21226 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO APPROVE TENTATIVE TRACT MAP 32378 TO CREATE A RESIDENTIAL CONDOMINIUM MAP OF APPROXIMATELY 0.92 ACRES, LOCATED AT 500 EAST PALM CANYON DRIVE, ZONE R-3, SECTION 12." Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote, noting the absence of Councilmember Foat. 1.E. CASE NO. 5.1036 ZTA — ZONING ORDINANCE TEXT AMENDMENT AND MUNICIPAL CODE AMENDMENT TO ESTABLISH PROCEDURES REGARDING APPLICATIONS SUBMITTED TO THE PLANNING DEPARTMENT: Gary Wayne, Interim Director of Planning Services, provided background information as outlined in the staff report dated March 16, 2005. Mayor Oden opened the Public Hearing, no speakers coming forward the Public Hearing was closed. ACTION: 1) Continue the Public Hearing to Wednesday, May 4, 2005 and direct staff to solicit input from public users. Motion Councilmember Mills, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote, noting the absence of Councilmember Foat. City Council Minutes March 16,2005 Page 6 1.F. APPLICATION FOR A $48,229 AWARD FROM THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT: Gary Jeandron, Chief of Police, provided background information as outlined in the staff report dated March 16, 2005. Mayor Oden opened the Public Hearing, no speakers coming forward the Public Hearing was closed. ACTION: Approve Minute Order No. 7644 authorizing the application for a funding request, in the amount of $48,229, from the Edward Byrnes Memorial Justice Grant, a division of the Department of Justice. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote, noting the absence of Councilmember Foat. PUBLIC COMMENT: WENDIE BUSIG-KOHN, Palm Springs, announced upcoming events benefiting Lupus Awareness and understanding. CHUCK NISBET, Palm Springs, commented on the March 8, 2005 election results and the recent news of downtown development. MARK FARRAR, Time Warner Cable, expressed his concerns regarding Item 4.A. contract with Buske Group for Cable Franchise; stated staff dismissed Time Warner's consultants. ANITA GARDNER, Palm Springs, stated they are overrun with Fire Ants, requested the City Council reconsider their decision not to participate in the program. CASEY JONES, spoke in support of Item 4.A. contract with Buske Group for Cable Franchise; stated the hotels are in support of the Buske Group. PETER MORUZZI, Palm Springs, commented on the results of the March 8, 2005 election. ALVIN FUCHS, Palm Springs, commented on businesses moving-out of Palm Springs, and the revitalization of the City. APRIL HILDNER, spoke in support of Item 3.A. establishing an Office of neighborhood Involvement. FRANK GAYDOS, Palm Springs, commented on results of March 8, 2005. JOE FOSTER, Palm Springs, spoke regarding access to the Police Department and the City Manager. City Council Minutes March 16,2005 Page 7 COUNCILMEMBER COMMENTS AND REQUESTS: Mayor Pro Tern McCulloch directed staff to review and follow-up with the Fire Ant program funding. Councilmember Pougnet commented on the recent United Way fundraiser. Mayor Oden announced the recent events attended by the Mayor and activities of the Mayor's Office, commented on Spring Break, noted the upcoming recruitment for Boards and Commissions. The City Council recessed at 10:08 P.M. The City Council reconvened at 10:12 P.M. CITY MANAGER'S REPORT: None. The City Council recessed at 10:17 P.M. as the City of Palm Springs Community Redevelopment Agency. The City Council reconvened at 10:18 P.M. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., and 2.1. Motion Councilmember Mills, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote, noting the absence of Councilmember Foat. 2.A. REPORT ON THE POSTING OF THE AGENDA: ACTION: Receive and file the Report on the Posting of the March 16, 2005 City Council Agenda. Approved as part of the Consent Calendar. 2.13. TREASURER'S INVESTMENT REPORT AS OF JANUARY 31, 2005: ACTION: Receive and file Treasurer's Investment Report as of January 31, 2005. Approved as part of the Consent Calendar. 2.C. STAFF AUTHORIZED AGREEMENTS FOR THE PERIOD FEBRUARY 1 THROUGH FEBRUARY 28, 2005: ACTION: Receive and file Staff Authorized Agreements covering the period February 1 through February 28, 2005. Approved as part of the Consent Calendar. 2.D. AMENDMENT NO. 11 TO AGREEMENT NO. A4382 WITH GENSLER FOR AIRPORT ARCHITECTURAL SERVICES: ACTION: Approve Minute Order No. 7645, authorizing Amendment No. 11 to Agreement No. A4382 with Gensler for architectural services relating to passenger screening checkpoint and hold room modifications at the Palm Springs International Airport for an additional amount of $828,795, City Council Minutes March 16,2005 Page 6 for a total contract price of $2,535,268.40. A4382. Approved as part of the Consent Calendar. 2.E. PROPOSED RESOLUTION ADOPTING RECORDS RETENTION SCHEDULES FOR THE DEPARTMENTS OF PUBLIC WORKS AND ENGINEERING, COMMUNITY AND ECONOMIC DEVELOPMENT, BUILDING, AND PLANNING: ACTION: Adopt Resolution No. 21227, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA ADOPTING A RECORDS RETENTION SCHEDULE FOR THE DEPARTMENTS OF PUBLIC WORKS AND ENGINEERING, COMMUNITY AND ECONOMIC DEVELOPMENT, BUILDING, AND PLANNING AND AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS." Approved as part of the Consent Calendar. 25. SECURITY ACCESS CONTROL AND PUBLIC INFORMATION DISPLAY SYSTEMS REHABILITATION: ACTION: Approve Minute Order No. 7646, authorizing Change Order No. 1 to Agreement No. A4925 with Antar-Com/Systems Integration, Inc. for additional upgrades and enhancements to the airport's Security Access Control and Public Information Display Systems in the amount of $93,615.24. A4925. Approved as part of the Consent Calendar. 2.G. 2004-2005 SB 821 SIDEWALK PROJECT (FARRELL DRIVE) PLANS, SPECIFICATIONS, WORKING DETAILS AND AUTHORIZE ADVERTISEMENT FOR CONSTRUCTION BIDS — CP 04-09: ACTION: Approve Minute Order No. 7647, approve and adopt the plans specifications and working details; and authorize advertisement for construction bids for the 2004-05 SB 821 Sidewalk Project on Farrell Drive, CP 04-09. Approved as part of the Consent Calendar. 2.1-1. CITYGATE ASSOCIATES, LLC — AMENDMENT NO. 1 — ADDITIONAL GIS MAPPING FOR FIRE STATION RESPONSE TIME ANALYSIS: ACTION: Approve Minute Order No. 7648 approving Amendment No. 1 to Agreement No. A4962 with Citygate Associates, LLC for additional GIS mapping for fire station response time analysis. A4962. Approved as part of the Consent Calendar. 2.1. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21228 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED FEBRUARY 26, 2005;" and 2) Adopt Resolution No. 21229 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1003536 THROUGH 1003807." Approved as part of the Consent Calendar, noting abstentions. City Council Minutes March 16,2005 Page 9 Abstentions: Councilmember Warrant# Payee Nature of Conflict Mills 1003549 Animal Med. Hosp. Business Related McCulloch 1003589 Desert Fire Ext. Business Related EXCLUDED CONSENT CALENDAR: None. 3. LEGISLATIVE: 3.A. AN ORDINANCE ESTABLISHING AN OFFICE OF NEIGHBORHOOD INVOLVEMENT WITHIN THE CITY OF PALM SPRINGS: City Manager Ready provided background information as outlined in the staff report dated March 16, 2005. ACTION: 1) Waive the reading of text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1666 "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.55 TO THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING AN OFFICE OF NEIGHBORHOOD INVOLVEMENT' as amended Section 2.55.060 to read "The City Manager, in consultation with," Section 2.55.130(B) to read "The City Manager shall cause a Neighborhood Nonprofit Foundation or similar authority," and Section 4 of the Ordinance to read "or convenience." Motion Councilmember Mills, seconded by Mayor Oden and carried on a roll call vote. AYES:Councilmembers Mills and Pougnet, Mayor Oden. NOES: Mayor Pro Tem McCulloch. ABSENT: Councilmember Foat. 4. UNFINISHED BUSINESS: 4.A. CONTRACT WITH BUSKE GROUP FOR CABLE CONSULTING RELATED SERVICES RELATING TO THE RENEWAL OF THE CABLE FRANCHISE WITH TIME WARNER CABLE: Assistant City Manager Butzlaff provided background information as outlined in the staff report dated March 16, 2005. ACTION: 1) Approve Minute Order No. 7649 authorizing the City Attorney to prepare a Contract Services Agreement with Buske Group in an amount not-to-exceed $49,525. for cable television consulting services related to the renewal of the cable television-franchise granted to Time Warner Cable, approving the agreement; and 3) Adopt Resolution No. 21230 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE BUDGET FOR THE 2004-05 FISCAL YEAR." A5053. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote, noting the absence of Councilmember Foat. City Council Minutes March 16,2005 Page 10 4.13. CONVENTION CENTER PRE-OPENING MARKETING PROGRAM: Jim Dunn, Palm Springs Convention Center, provided background information as outlined in the staff report dated March 16, 2005, ACTION: Approve Minute Order No. 7650 authorizing the Pre-Opening Marketing budget for the Palm Springs Convention Center, as amended by not allowing transfers of funds into the Incentive Program without City Council approval. Motion Councilmember Mills, seconded by Mayor Pro Tern McCulloch and unanimously carried, noting the absence of Councilmember Foat. 5. NEW BUSINESS: 5.A. SPONSORSHIP OF THE 2005 MISS TEEN USA PAGEANT: ACTION: Withdrawn from the agenda at the request of the Miss Teen Organization. By consensus of the City Council. COUNCILMEMBER COMMENTS AND REPORTS: Mayor Oden and Councilmember Mills commented on the issues of Mr. Harold Stone regarding noise from the Airport. ADJOURNMENT: The City Council adjourned at 11:02 P.M. to a City Council Study Session and Regular Adjourned Meeting at 7:00 P.M., Wednesday, March 23, 2005, City Hall Council Chamber, preceded by a Closed Session at 6:00 P.M., City Hall Small Conference Room, 3200 Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 6T" DAY OF APRIL, 2005. Mayor Attest: City Clerk PALM SPRINGS CITY COUNCIL STUDY SESSION AND ADJOURNED REGULAR MEETING MINUTES WEDNESDAY, MARCH 23, 2005 COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 7:05 P.M. PLEDGE_ OF ALLEGIANCE: Fire Chief Goetz led the Pledge. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tem McCulloch, Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, Assistant City Manager Butzlaff, City Attorney Holland, City Clerk Thompson, City Treasurer Kanarr. APPROVAL OF THE AGENDA: ACTION: Approve the Agenda as presented. Motion Councilmember Mills, seconded by Mayor Pro Tern McCulloch and unanimously carried. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 6:00 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. The City Council received reports, and no reportable actions were taken. PUBLIC COMMENT: CHRIS, KRAMER, Palm Springs Fire Department, spoke regarding Study Session Item 1.A. Fire Standards of Response, requested approval of the recommendations made by Citygate. MIKE WILLS, Palm Springs Fire Department, spoke regarding Study Session Item I.A. Fire Standards of Response, stated the information in the report is accurate and the Fire Plan needs to be incorporated into the General Plan. WENDIE KOHN, Palm Springs, announced the Femmena for Lupus Awareness and Understanding Marketing program. ROXANNE PLOSS, Palm Springs, commented on height restrictions for new development; requested the City Council consider adding a sales tax on the sale of each property in Palm Springs. ROMAN G. PELLUM, Palm Springs, provided a progress report on the "Planting Seeds" program and the Highland Community Center. City Council Minutes March 23,2005 Page 2 WILLIE HOLLAND, Palm Springs, commented on family and community in the City, and programs at the Highland Community Center. COUNCILMEMBER COMMENTS AND REQUESTS: Mayor Oden commented on family and community. Councilmember Foat thanked the community for the "well wishes" and the Palm Springs Fire Department for the service she recently received. CITY MANAGER'S REPORT: City Manager Ready presented a revised Mission Statement taking into consideration the comments received by the City Council, stated he will place this item on a future City Council agenda. 1. STUDY SESSION: I.A. FIRE STANDARDS OF RESPONSE -- COVERAGE DEPLOYMENT ANALYSIS: Fire Chief Goetz provided background information on the current response and the five-minute response area. Chief Stewart Gary, Citygate Associates, Inc., provided background information as outlined in the report prepared by Citygate Associates, Inc. titled Standards of Response Cover Deployment Analysis. The City Council discussed and/or commented on the following aspects of Fire Response Standards: the proposed 18 Firefighter recommendation does not include the crew at the airport, the effect of OSHA requirements for 3-person crews, benchmarking industry standards to compare with the Fire Department performance, process to address the high-number of medical calls currently being responded to by paramedics and fire personnel, number of personnel at Station 4 and 5. No action taken. I.B. COMMUNITY FACILITIES DISTRICT FINANCING -- FISCAL IMPACT STUDY: City Manager Ready provided background information. Assistant City Manager Butzlaff provided information on public funding through assessments. Sal Van Etten and Chris Fisher, MuniFinancial, provided information and a Power Point presentation. The City Council discussed and/or commented on the following aspects of Community Facilities District Financing: other cities in the valley that utilize Community Facilities Districts, the "compounding effect" of special fees and taxes, assessed value of $450,000 have a deficit effect on the City City Council Minutes March 23,2005 Page 3 finances, the proposed services/staffing that would increase a preliminary assessment of $330, disclosure requirements, proposed district only applies to new developments, impacts on cities that have current Mello- Roos fees, community involvement, time in-which to implement the CFD, maintain current level of service with additional housing units, including facilities in the assessment, factoring that many home purchases are second homes while calculating/determining impacts, district included police, fire and park services, and exemptions or discounts to the CFD. ACTION: Direct staff to proceed with the formation of a Community Facilities District. By consensus of the City Council, The City Council recessed at 9:16 P.M. The City Council reconvened at 9:29 P.M. 1.C. COMMUNITY DEVELOPMENT BLOCK GRANT PLAN — GOALS AND OBJECTIVES: John Raymond, Director of Community and Economic Development provided background information as outlined in the 2005-2010 Community Development Block Grant Five-Year Consolidated Plan. The City Council discussed and/or commented on the following aspects of the CDBG Goals and Objectives: reductions in the CDBG program; quality of life issues, process of directing funds to certain goals, Recapture Our Neighborhood program, and the use of funds for abatement under Economic Development. No action taken. ADJOURNED REGULAR MEETING 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., and 2.D. Motion Mayor Pro Tern McCulloch, seconded by Councilmember Mills and unanimously carried. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and file. Approved as part of the Consent Calendar. 2.13. PROPOSED RESOLUTION CERTIFYING THE RESULTS OF THE MARCH 8, 2005, SPECIAL MUNICIPAL ELECTION: ACTION: Adopt Resolution No. 21230, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON MARCH 8, 2005 DECLARING THE RESULT AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW." Approved as part of the Consent Calendar. City Council Minutes March 23,2005 Page 4 2.C. CONTRACT AMENDMENT WITH DUDEK AND ASSOCIATES, INC. FOR THE PREPARATION OF A TRAFFIC STUDY BY ENDO ENGINEERING, AS PART OF THE ENVIRONMENTAL IMPACT REPORT (EIR) AND TIME EXTENSION OF THE EIR CONTRACT FOR THE SPRINGS PROJECT, LOCATED AT THE NORTHEAST CORNER OF GENE AUTRY TRAIL (STATE HIGHWAY 111) AND RAMON ROAD, ZONE M-1- P, SECTION 17: ACTION: 1) Approve Minute Order No. 7651, authorizing Amendment No. 1 to Agreement No. A4745 with Dudek and Associates Inc. in the amount of $24,350., for the preparation of a Traffic Study by Endo Engineering and extending the time of the EIR to December 31, 2005; and 2) Authorize the City Manger to execute all necessary documents. A4745. Approved as part of the Consent Calendar. 2.D. REQUEST BY HOWARD ARSHOP FOR HOWARD'S HOLLYWOOD HANGOUT PROPOSED RESOLUTION OF CONVENIENCE IN ORDER TO SELL BEER AND WINE WITHIN THE EXISTING CIGAR AND HOOKAH SHOP LOCATED AT 245 SOUTH PALM CANYON DRIVE, ZONE C-B-D, SECTION 15: ACTION: Adopt Resolution No. 21231, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF CONVENIENCE IN ORDER TO SELL BEER AND WINE AT HOWARD'S HOLLYWOOD HANGOUT LOCATED AT 254 SOUTH PALM CANYON DRIVE, ZONE C-B-D, SECTION 15." Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: None. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: None. COUNCILMEMBER COMMENTS AND REPORTS: Mayor Oden announced the White Party activities and Diana Shore Weekend activities. Councilmember Mills commented on the new Visitors Guide. Councilmember Pougnet requested staff provide the City Council with the total gross residential sales for 2004 by zip code 92262 and 92264. City Council Minutes March 23,2005 Page 5 ADJOURNMENT: The City Council adjourned at 9:52 P.M. to its next Regular Meeting at 6:00 P.M., Wednesday, April 6, 2005, City Hall Council Chamber, preceded by a Closed Session at 5:00 P.M., City Hall Small Conference Room, 3200 Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 6T" DAY OF APRIL, 2005. Mayor Attest: City Clerk