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HomeMy WebLinkAbout2008-10-01 CC MINUTES CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA Ns� � � MINUTES WEDNESDAY, OCTOBER 1, 2008 City Hall Council Chamber CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:03 p.m. PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge. INVOCATION: Pastor David Sanger, Our Savior's Community Church, led the Invocation. i ROLL CALL: i PRESENT: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tem Foat, and Mayor Pougnet. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson_ PRESENTATIONS: Palm Springs Boy Scout Troop 262 provided an update of recent activities of the Troop and thanked the City Council for their support. I REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:30 p.m. the City Council recessed into Closed Session to discuss Items on the posted Closed Session Agenda. No reportable actions were taken. ACCEPTANCE OF THE AGENDA: City Clerk Thompson stated staff requested Community Redevelopment Agency Item RA3. be withdrawn from the Agenda. Councilmember Mills requested Item 2.1. be removed from the Consent Calendar for separate discussion. Mayor Pro Tern Foat requested an addition to Item 2.13. Minutes of September 17, 2008, Item 5.17. Minutes of September 17, 2008, to include the discussion of the positive economic impact to the City, and requested Item 2.F. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Councilmember Hutcheson, seconded by Mayor Pro Tom Foat and unanimously carried on a roll call vote. City Council Minutes October 1, 2008 Page 2 1. PUBLIC HEARINGS: 1.A. AN APPEAL BY GRANT HOVAKIMYAN OF THE PLANNING COMMISSION'S ACTION OF AUGUST 27, 2008, DENYING CASE 3.3010 MAJ, TTM 35601, AND RELATED CASE 7.1296 AMM, AN APPLICATION FOR ARCHITECTURAL REVIEW OF A 7-UNIT CONDOMINIUM PROJECT, A TENTATIVE TRACT MAP FOR CONDOMINIUM PURPOSES AND AN ADMINISTRATIVE MINOR MODIFICATION SEEKING RELIEF FROM DEVELOPMENT f STANDARDS FOR A PARCEL LOCATED AT 517 EAST VISTA CHINO j ROAD: Craig Ewing, Director of Planning Services, provided information with respect to the request from the Applicant/Appellant. Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed. ACTION: Refer back to the Planning Commission at the request of the Applicant/Appellant. Motion Councilmember Mills, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. 1.13. ZONE TEXT AMENDMENT TO ESTABLISH POLICIES AND STANDARDS FOR NEIGHBORHOOD ENTRY SIGNS IN SINGLE FAMILY NEIGHBORHOODS: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated October 1, 2008. Mayor Pougnet opened the public hearing, and the following speaker addressed the City Council. BARBARA MARSHALL, spoke in support of the proposed Zone Text Amendment, requested the City Council adopt the Ordinance, and requested a standard agreement and form be developed by the City. No further speakers coming forward, the public hearing was closed. Councilmember Hutcheson requested staff address the possibility of a sale or transfer of the property on which the sign is installed. Mayor Pro Tem Foat requested staff clarify the type of sign and if the Neighborhood needs to have an agreement or consensus for the placement of a sign, requested provisions be added to the Ordinance for City Council Minutes October 1, 2008 Page 3 Neighborhood concurrence and standards for the signs, and questioned the ramifications with respect to transfer of the property. Councilmember Mills stated he would prefer that a Neighborhood be required to have agreement and consensus for the installation of a sign, commented on the design aspects, and stated he supported in some I limited cases that signs be permitted in the public right-of-way. Councilmember Weigel requested staff address a provision for allowing signs for only established Neighborhoods, and the process if the signs are not maintained. Mayor Pro Tern Foat commented an the boundaries as established by the Neighborhood Organization, and allowing signs only in established Neighborhoods. Councilmember Hutcheson commented on the threshold for the development of a Neighborhood Organization, and the ease of the process toward a Neighborhood Entry Sign. Councilmember Mills commented on the potential impacts and concerns if the Sign Program is not restricted to established Neighborhood Organizations. ACTION: 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1751, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 9320.03 AND 93.20.10 OF THE PALM SPRINGS ZONING CODE RELATING TO NEIGHBORHOOD ENTRY SIGNS" amending Subsection C.9(e) of the ordinance to read "Prior to installation of any neighborhood entry sign, the property owner(s) shall execute a covenant running with the land regarding the long-term maintenance, subject to review and approval of the City Attorney." Motion Councilmember Mills, seconded by Mayor Pro Tern Foat and carried 4-1 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: Councilmember Weigel. PUBLIC COMMENT: MICHAEL STERN, commented on Item 4.A., Rainmaker Fountain, stated the Arts Commission recommended the Fountain be dismantled, and suggested the Red Echo piece could be installed and incorporated into the location. City Council Minutes October 1, 2008 Page 4 DAVID AIKEN, Palm Springs, commented on Item 4.A., Rainmaker Fountain, and stated the Friends of the Fountain will commit $6,000 to retain the fountain. ED HALL, commented on Item 4.A., Rainmaker Fountain, and stated the structure of the fountain should remain. KARL BAKER, Councilmember Desert Hot Springs, stated he is in attendance as a Student in the Public Administration Class at California State University San Bernardino. GP GERBER, commented on a problem his family is having with their business Landlord in Downtown, and the cost of commercial rents in the Downtown area. DOUGLAS LANPHERE, commented on Item 3.B., Medical Cannabis Cooperatives, and urged the City Council to initiate the Zone Text Amendment. STACY HOCHANADEL, commented on Item 3.B., Medical Cannabis Cooperatives, and recommended the City Council initiate the Zone Text Amendment. COUNCILMEMBER COMMENTS: Mayor Pro Tern Foat commented on rent and landlord issues in the Downtown area, and stated the City Council Subcommittee will ask the Mayor to host a meeting with the Landlords in the Downtown area. CITY MANAGER'S REPORT: City Manager Ready announced the completion of the undergrounding of utilities along the west side of Sunrise Way, provided an update on Code Enforcement activities in the City, and the progress of the abatement of the nuisance property located at 1507 San Jacinto Way. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D_, 2.E., 2.G., 2.H., 2.J., 2.K., and 21. Motion Councilmember Hutcheson, seconded by Mayor Pro Tem Foat and unanimously carried on a roll call vote. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and file Report on the Posting of the October 1, 2008, City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL, OF MINUTES: ACTION: Approve the City Council Minutes of September 17, 2008 as amended. Approved as part of the Consent Calendar. City Council Minutes October 1, 2008 Page 5 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 22348, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1030605 THROUGH 1030682 IN THE AGGREGATE AMOUNT OF $419,745.34, DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No_ 22349, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 9-06-08 BY WARRANTS NUMBERED 413838 THROUGH 413889 TOTALING $102,060.48, LIABILITY CHECKS NUMBERED 1030683 THROUGH 1030703 TOTALING $152,575.01, FOUR WIRE TRANSFERS FOR $75,287.63, AND THREE ELECTRONIC ACH DEBITS OF $1,313,211.17, IN THE AGGREGATE AMOUNT OF $1,643,134.29, DRAWN ON BANK OF AMERICA;" and 3) Adopt Resolution No. 22350, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANT NUMBERED 1030704 IN THE AMOUNT OF $4,946.50 DRAWN ON BANK OF AMERICA;" and 4) Adopt Resolution No. 22351, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1030705 THROUGH 1030880 IN THE AGGREGATE AMOUNT OF $4,010,007.10 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.11). SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1750, REPEALING SECTION 11.44.100 OF THE PALM SPRINGS MUNICIPAL CODE, PROHIBITING DOGS IN PARKS AND RECREATION AREAS: ACTION: Waive further reading and adopt Ordinance No. 1750, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING SECTION 11.44.100 OF THE PALM SPRINGS MUNICIPAL CODE, PROHIBITING DOGS IN PARKS AND RECREATION AREAS." Approved as part of the Consent Calendar. 2.E. AMENDMENT TO THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION EXPENDITURE PLAN AND RETAIL TRANSACTION AND USE TAX ORDINANCE NO. 88-1, THE "MEASURE A" PLAN: ACTION: Adopt Resolution No. 22352 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION EXPENDITURE PLAN AND RETAIL TRANSACTION AND USE TAX ORDINANCE, ORDINANCE NO. 88-1." Approved as part of the Consent Calendar. City Council Minutes October 1, 2008 Page 6 2.G. ASSIGNMENT OF AUTOMATED TELLER MACHINE LICENSE AGREEMENT NO. A5214, FROM PALM DESERT NATIONAL BANK TO U.S. BANK NATIONAL ASSOCIATION FOR THE PERIOD OCTOBER 1, 2008 THROUGH JANUARY 3, 2009: ACTION: 1) Approve the Assignment of License Agreement No. A5214, from Palm Desert National Bank to U-S. Bank National Association for the remainder of the initial license period ending January 3, 2009, for Automated Teller Machines at the Palm Springs International Airport; 2) Authorize the City Manager to execute the Assignment subject to review by the City Attorney; 3) Direct staff to issue an RFP for a License Agreement for the Automated Teller Machines at the Palm Springs International Airport as of January 4, 2009. A5214_ Approved as part of the Consent Calendar. 2.H. APPROVE CONTRACT SERVICES AGREEMENT FOR JANITORIAL SERVICES AT VARIOUS CITY FACILITIES: ACTION: 1) Approve an agreement with Advanced Building Maintenance for a three-year term in the amount of $247,927 per year, with two one- year renewal options subject to a CPI increase, for janitorial services at various City facilities; and 2) Authorize the City Manager to execute all necessary documents. A5728. Approved as part of the Consent Calendar. 2.J. REQUEST TO HEAR RESOLUTIONS OF NECESSITY FOR THE INDIAN CANYON DRIVE / INTERSTATE 10 INTERCHANGE WIDENING PROJECT: ACTION: Adopt Resolution No. 22353, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AGREEING TO HEAR FUTURE RESOLUTIONS OF NECESSITY FOR THE INDIAN CANYON DRIVE / INTERSTATE 10 INTERCHANGE PROJECT (CP 00- 14, CALTRANS EA 455700)." Approved as part of the Consent Calendar. 2.K. ADOPTION OF THE LOCAL DEVELOPMENT MITIGATION FEE ORDINANCE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN: ACTION: Waive further reading and adopt Ordinance No. 1734, "AN ORDINANCE OF THE. CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 8.95 TO THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN." Approved as part of the Consent Calendar. City Council Minutes October 1, 2008 Page 7 2.L. AMENDMENT NO. 1 TO AGREEMENT NO. A5672 WITH GEORGE MIERS & ASSOCIATES, INC. FOR ARCHITECTURAL SERVICES RELATING TO THE ANIMAL SHELTER: ACTION: 1) Approve Amendment No. 1 to Agreement No. A5672 with George Miers & Associates, Inc. for architectural services relating to the animal shelter; and 2) Authorize the City Manager to execute all necessary documents. A5672. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.F. UPDATE ON THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT: Mayor Pro Tern Foat commented on the excellent job representative Sharon Lock and Karl Baker have done on the Coachella Valley Mosquito and Vector Control District Board. ACTION: Receive and file the update on the Coachella Valley Mosquito and Vector Control District as submitted by City Representative Sharon Lock. Motion Mayor Pro Tem Foat, seconded by Mayor Pougnet and unanimously carried on a roll call vote. 2.1. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE INDIAN CANYON DRIVE AT TAMARISK ROAD TRAFFIC SIGNAL INSTALLATION, FEDERAL AID PROJECT HSIPL- 5282(028) CP 06-12: Councilmember Mills requested the City Engineer address the sequence of the traffic signals within the project. ACTION: 1) Approve the plans, specifications, and working details for the Indian Canyon Drive at Tamarisk Road Traffic Signal Installation, CP 06-12, Federal Aid Project HSIPL-5282(028); and 2) Authorize staff to advertise and solicit bids. Motion Councilmember Mills, seconded by Councilmember Weigel and unanimously carried on a roll call vote. The City Council recessed at 7:15 p.m., and the Community Redevelopment Agency convened. The Community Redevelopment Agency adjourned at 7:17 p.m., and the City Council reconvened. i i City Council Minutes October 1, 2008 Page 8 3. LEGISLATIVE; 3.A. ADOPTION OF THE LOCAL DEVELOPMENT MITIGATION FEE INTERIM URGENCY ORDINANCE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated October 1, 2008. ACTION: Introduce, waive reading of, and adopt Ordinance No. 1752, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS ADDING CHAPTER 8.95 TO THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN." Motion Councilmember Mills, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. 113. INITIATE AN ORDINANCE RELATING TO MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES AS PERMITTED USES IN THE M-1 AND M-2 ZONES, AND REFER TO THE PLANNING COMMISSION FOR REVIEW AND RECOMMENDATION: City Attorney Holland provided background information as outlined in the staff report dated October 1, 2008. i The City Council discussed and/or commented on the following with respect to the proposed Zane Text Amendment: other regulations that the City may impose, the background decisions that moved the Zone Text Amendment forward, the opinion and guidelines of the California Attorney General, the effect of cooperatives if the Zone Text Amendment is not initiated, the process to form a cooperative, crime in the City due to street level drugs, limiting the number of establishments in the City, the importance of the program to the patients, the cooperatives may decrease the street level drugs, the 500 foot distance from certain uses, the distinction and elements between a land use ordinance or a regulatory ordinance, the potential for a Type 2 CUP process to restrict the number of establishments, the desire to hear the Chief of Police comment and receiving comments from the District Attorney's Office, the City's requirement for a business license for the proposed activities and the qualification or review of the activities being in compliance with the Attorney General Guidelines, providing the Planning Commission additional detail or direction, combining option 1 and 2 in some form and City Council Minutes October 1, 2008 Page 9 eliminating option 3, and the time and effort put forth by the City, the Task Force and staff. ACTION: Initiate the proposed Ordinance establishing medical cannabis cooperatives and collectives as permitted uses in the M-1 and M-2 Zones and refer the Ordinance, along with regulatory options, to the Planning Commission for review and recommendation. Motion Mayor Pro Tern Foat, seconded by Councilmember Mills and carried 4-1 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tem Foat, and Mayor Pougnet. NOES: Councilmember Weigel. The City Council recessed at 8:00 p.m. The City Council reconvened at 8:10 p.m. 4. UNFINISHED BUSINESS: 4.A. DISCUSSION OF THE FINAL DISPOSITION OF THE RAINMAKER FOUNTAIN LOCATED IN FRANCES STEVENS PARK: City Manager Ready provided background information as outlined in the staff report dated October 1, 2008. The City Council discussed and/or commented on the following with respect to the Rainmaker Fountain: the specification and criteria of the bid, the water feature specialist study and recommendation that the specification, with regular maintenance, would repair the fountain, the previous history and maintenance of the fountain, the importance of the piece and the location, the possibility of simplifying the fountain to the main element and retention bowl, a plan to police the structure from vagrants, and the specifics of the consultants study and review. ACTION: Direct staff to return on October 15, 2008, with the proposed contracts to repair the fountain along with an additional contract to develop a detailed maintenance schedule. Motion Councilmember Hutcheson, seconded by Councilmember Mills and carried 4-1 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Foat, and Councilmember Weigel. NOES: Mayor Pougnet. City Council Minutes October 1, 2008 Page 10 5. NEW BUSINESS: 5.A. PURCHASE OF TWO 1,500 GALLON PER MINUTE TRIPLE COMBINATION FIRE ENGINES FROM PIERCE MANUFACTURING, INC: Blake Goetz, Fire Chief, provided background information as outlined in the staff report dated October 1, 2008. The City Council discussed and/or commented on the following with respect to the purchase of new fire apparatus: the use of alternate fuel for public safety vehicles with heavy duty engines, and the meaning of reserve status. ACTION: 1) Approve a cooperative purchase of two (2) 1,500 GPM Triple Combination Fire Engines from Pierce Manufacturing, Inc. in the amount of $951,950.00 and pay the California State sales tax of $70,807.72 upon delivery; 2) Adapt Resolution No. 22354, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING A LEASE PURCHASE AGREEMENT WITH OSHKOSH CAPITAL FOR TWO 1,500 GPM TRIPLE COMBINATION FIRE ENGINES WITH ANNUAL INSTALLMENTS IN THE AMOUNT OF $130,725.26;" and 3) Authorize the City Manager to execute all necessary documents, subject to review and approval of the City Attorney. A5730. Motion Councilmember Weigel, seconded by Mayor Pougnet and unanimously carried on a roll call vote. 5.13. APPOINTMENTS TO THE RESOURCE CONSERVATION COMMISSION FOR THE TERMS ENDING JUNE 30, 2009, JUNE 30, 2010, AND JUNE 30, 2011: ACTION: 1) Reappoint Aileen Fields to the Resource Conservation Commission for the term ending June 30, 2011; 2) Appoint April Hildner, Armando Rancano and Mark Nichols to the Resource Conservation Commission for the term ending June 30, 2011; 3) Appoint Laurence Fechter to the Resource Conservation Commission for the term ending June 30, 2010; and 4) Appoint Paul Lewin to the Resource Conservation Commission for the term ending June 30, 2009. Motion Councilmember Mills, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: Councilmember Weigel requested the City Council discuss the process of bringing items to the Agenda. City Council Minutes October 1, 2008 Page 11 Councilmember Mills requested staff recognize Theresa Aurora for her work on the MSHCP, requested staff review with the Palm Springs Unified School District, the monitoring of student crossing at the traffic signal at Palm Springs High School, and reported on the League of California Cities Conference, Mayor Pro Tern Foat reported on the League of California Cities Conference. Mayor Pougnet requested the City Manager and the Director of Community and Economic Development follow-up on the attraction of a Martini Festival Event in the City. ADJOURNMENT: The City Council adjourned at 9:06 p.m. to an Adjourned Meeting on Thursday, October 2, 2008, at 12:00 P.M., in the Smoketree D and E Rooms, at the Palm Springs Convention Center, 277 North Avenida Caballeros, Palm Springs. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 19T" DAY OF NOVEMBER, 2008. STEPHEN P. POUGNE , MAYOR ATTEST: �JAMES THOMPSON, CITY CLERK f