HomeMy WebLinkAbout10/6/2004 - STAFF REPORTS (5) CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
SEPTEMBER 1, 2004
A Regular Meeting of the City Council of the City of Palm Springs, California, was called to
order by Mayor Oden, in the Council Chamber, 3200 Tahquitz Canyon Way, on
Wednesday, September 1, 2004, at 5:00 p.m., at which time, the City Attorney announced
items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in
open session.
ROLL CALL: Present: Councilmembers Foat, McCulloch, Mills, Pougnet and
Mayor Oden
Absent: None
The meeting was opened with the Salute to the Flag, and an invocation by Pastor Jim
Griffe, Palm Springs Presbyterian.
PRESENTATIONS: None.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on August 27, 2004.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 7 of agenda this date.
HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT
AUTHORITY: No Business
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned
for the purpose of convening as the Community Redevelopment Agency; after which,
members reconvened as the City Council.
PUBLIC COMMENTS:
Tom Haycome, Palm Springs, voiced concerns regarding water consumption and
supports water conservation measures.
Debbie Bateman, Palm Springs, sister of the late Deyna Hodges, thanked citizens for
Hodges support during former Councilmember Hodges' illness and passing; additionally,
a Star for Dedication is being planned and donations are accepted by Canyon Bank, c/o
Brian Johnston, P. O. Box 2777, Palm Springs, CA 92263.
Les Bagwell, Palm Springs, requested Council opposition to gaming in Palm Springs and
Proposition 70.
Josh Pelzer, no address given, requested Council support of Item 22, a resolution
opposing Proposition 68.
APPROVAL OF CONSENT AGENDA:
It was moved by Mills, seconded by Foat and unanimously carried, that Items 1
thru 16, excluding 8 and 13, be adopted, and Mills abstain from Items 3 and 10.
Council Minutes
09-01-04, Page 2
CONSENT AGENDA:
Review by City Manager of Consent Items to be clarified.
1. Approval of Minutes April 7, 21; May 19; June 2, 9, 16; July 7, 21 and 28, 2004.
2. MO 7538 approving Change Order 1 to A4891 with B E McMurray Construction
for Airport Customs & Border Protection Facility changes for $51,289.25. Total
Contract amount $447,289.25. CP2004-02.
3. MO 7539 approving Change Order 1 to A4862 with Great West Contractors Inc
for modifications to Phase IV of the Airport's Residential Sound Insulation
Program (RSIP) for$18,264.35. Total $1,572,264.35, subject to Federal Aviation
Administration. Mills abstain —due to business client.
4. MO 7540 approving lease agreement with Weatherly Aircraft Company for the
rental of airport office space, subject to City Attorney approval of form for a
monthly rate of$2,216.67 for a term of one year with one-year options. A4946.
5. MO 7541 approving lease agreement with Q3 Telecom, Inc. for the rental of
airport office space for a monthly rent of $467.40 for a term of three years with
three one-year options. A4947.
6. Res 21069 approving a new standard form Non-Signatory Airline Operating
Permit for use with air carriers at the Palm Springs International Airport.
7. MO 7542 approving agreement with Lamar Companies for Airport advertising on
two Bulletin Boards along 1-10 for $40,000 and a term of six months. A4948,
A4949.
8. MO ---- approving agreement with Interactive Design Corporation for the James
O. Jessie Desert Highland Unity Center expansion project for$72,700. CP04-05.
A----. Withdrawn.
9. Res 21070 approving Final Map 31980 prepared by Thienes Engineering, Inc
representing NRC-1 LLC to subdivide property located at 1000 E. Palm Canyon
Drive, Section 23, T4S, R4E. A4950.
10. MO 7543 approving agreement with JDC Inc for the Ramon Road Sidewalk
Project for $37,912.50. CP03-08. A4951. Mills abstain — due to proximity to
property.
11. MO 7544 revising Minute Order 7528 to delete the purchase of one 2005 Ford
Explorer 4X4 XLS from Ramsey Ford in the amount of$24,557.99.
12. MO 7545 approving the purchase of one dedicated CNG Silverado truck from
Sunset Auto Plaza for$39,957.22.
13. SEE EXTENDED CONSENT AGENDA
Council Minutes
09-01-04, Page 3
14. Res 21071 establishing an appropriation limit for the 2004-05 fiscal year in
accordance with Article X111 B of the California Constitution in the amount of
$94,969,438.
15. Res 21072 approving the reservation of unappropriated fund balances in various
City Operating and Capital Projects Funds for fiscal year ending June 30, 2004.
16. Res 21073, 21074, 21075, 21076, 21077, 21078, 21079 and 21080 approving
Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
McCulloch 998271 Desert Fire Extinguisher Business Related
Mills 998125 Animal Medical Hospital Business Related
Mills 998223 Animal Medical Hospital Business Related
Mills 998224 Animal Medical Hospital Business Related
Mills 998833 Animal Medical Hospital Business Related
Mills 998929 C Kell — Smith Assoc Business Related
EXTENDED CONSENT AGENDA:
13. ZONE R-3, SECTION 24 - 1900 EAST PALM CANYON DRIVE
Recommendation: That the Council adopt a resolution of Convenience and
Necessity to sell beer, wine and spirits at the Members-Only Club within Club
Trinidad located at 1900 East Palm Canyon Drive.
Resolution 21081 as recommended was presented; after which, it was moved by
Mills, seconded by Pougnet and unanimously carried, that R21081 be adopted.
PUBLIC HEARINGS:
17. TPM 32550— 19071 — 19531 McLANE STREET
Mayor Oden declared conflict of interest and exited the Chamber.
Recommendation: That the Council approve Tentative Parcel Map 32550 for the
subdivision of approximately 6.63 acres into two lots, located at 19071 — 19531
McLane Street, M-2 zone, Section 15. APPLICANT: Buntain Construction. 32
Notices Mailed.
Director of Planning Services reviewed the staff report and visual site plans on
display in the Chamber.
Mayor Pro-tem declared the Hearing open.
Dave Bunting, applicant, requested approval.
There being no further appearances; the Hearing was closed.
Council Minutes
09-01-04, Page 4
Resolution 21082 as recommended was presented; after which, it was moved by
Foat, seconded by McCulloch and unanimously carried, Oden absent, that
R21082 be adopted.
Mayor Oden reentered the Chamber.
18. CASE 5.0997—CUP — 2101 SAHARA ROAD
Recommendation: That the Council approve Conditional Use Permit 5.0997 for
the installation of a commercial communications antenna designed as a 55-foot
tall monopalm with equipment cabinet within a 1,500 square foot lease area
located at 2101 Sahara Road. APPLICANT: Delta Groups Engineering —
SPRINT PCS. 51 Notices Mailed.
Director of Planning Services reviewed the staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open.
The following persons spoke in support:
Tim Miller, applicant
Byron Cornelius, Palm Springs
Bill Ferris, Palm Springs
Paul Yount, Palm Springs
Joseph LaPorta, president of Dolly Sinatra Lodge
There being no further appearances; the Hearing was closed.
Resolution 21083 as recommended was presented; after which, it was moved by
Pougnet, seconded by Mills and unanimously carried, that R21083 be adopted.
17, TTM 31422 — 2630 ANZA TRAIL
Councilmember Mills declared conflict of interest due to business client and
exited the Chamber.
Recommendation: That the Council approve Tentative Tract Map 31422 for the
subdivision of 2.5 acres into five lots located at 2630 Anza Trail. Zone R-1-13,
Section 25. APPLICANT: David and Trudy Johnston. 203 Notices Mailed.
Director of Planning Services reviewed the staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open.
The following persons spoke in opposition:
Dennis Hauck, Palm Springs
Jack Small, Palm Springs
Council Minutes
09-01-04, Page 5
Dave Johnston, developer, requested approval, and added that there is no
objection to a gate with a meandering path.
There being no further appearances; the Hearing was closed.
Resolution 21084 as revised was presented, to include a condition to add a
vehicular gate with additional pedestrian access and Condition 19 to be deferred
by covenant; after which, it was moved by McCulloch, seconded by Pougnet and
unanimously carried, Mills absent, that R21084 be adopted.
Councilmember Mills reentered the Chamber.
20. BELARDO ROAD SEWER CONSTRUCTION REFUND AGREEMENT
Recommendation: That the Council approve a Sewer Construction Refund
Agreement with Canyon Gate, LLC for property located at 635 S. Belardo Road,
Tract Map 30454. A4952. APPLICANT: Canyon Gate, LLC. No Notice required.
Director of Public Works/Engineering reviewed staff report.
Mayor declared the Hearing open; there being no appearances, the Hearing was
closed.
Resolution 21085 as recommended was presented; after which, it was moved by
Foat, seconded by Pougnet and unanimously carried, that R21085 be adopted.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
Councilmembers reported on various civic and community organizational
meetings and events which they attended, subsequent to the last regular
meeting, and announced upcoming events of community interest.
LEGISLATIVE ACTION:
21. NOVEMBER 2, 2004 SPECIAL MUNICIPAL ELECTION
Recommendation: That the Council approve agreement with Adler
Communications for a Public Education Campaign regarding Measure V, Utility
User Tax, for the November 2, 2004 Special Municipal Election for $72,900.
A4953.
Assistant City Manager reviewed the staff report.
Minute Order 7546, as revised for $12,000 was presented, after which, it was
moved by Mills, seconded by McCulloch and carried by the following vote that
MO7546 be adopted.
AYE: McCulloch, Mills and Oden
NO: Foat and Pougnet
Council Minutes
09-01-04, Page 6
Resolution 21087 amending the budget for $12,000 was presented; after which,
it was moved by Mills, seconded by McCulloch and carried by the following vote
that R21087 be adopted.
AYE: McCulloch, Mills and Oden
NO: Foat and Pougnet
Council consensus to continue the matter to September 8, 2004.
22. ADDITIONAL LEGISLATIVE ITEMS:
A. PROPOSITION 68
Recommendation: That the Council consider directing staff to prepare a
Resolution opposing Proposition 68 — Tribal Gaming Compact Renegotiation.
Non-Tribal Commercial Gambling Expansion. Revenues, Tax Exemption.
Initiative Constitutional Amendment and Statute.
City Manager and Assistant City Manager reviewed the staff report.
Resolution 21086 as reviewed was presented; after which, it was moved by Foat,
seconded by McCulloch and unanimously carried, that R21086 be adopted.
Council consensus to receive and file Resolution 21086 at the September 8,
2004 meeting.
ADDED STARTERS: None
REPORTS & REQUESTS:
Councilmember Pougnet requested a building moratorium ordinance for the Chino Cone
area be considered on September 8, 2004.
Councilmember Mills requested the word moratorium not be considered in any draft
ordinance regarding building.
CITY COUNCIL reports or requests
23. Treasurer's Investment Report as of June 30, 2004 — received &file.
24. Planning Commission Appointments (2) Term ending: June 30, 2007
Continued to September 15, 2004.
PUBLIC reports or requests - None
Council Minutes
09-01-04, Page 7
STAFF reports or requests
City Manager authorized agreements under$25,000 —August, 2004:
For information only, no action required.
A4935 — DDS Marketing - $7,450
A4936 — Maximus - $8,400
A4937 —Judith Sumich - $5,000
A4938 — Phoenix Theatres - $6,750
A4939 — Desert Medical Group - $24,900
A4941 — Impact General - $24,900
A4942 — Hearing Aid Health Care - $24,900
A4943 — Berryman & Henigar- $24,990
ADJOURNMENT
There being no further business, Mayor declared the meeting adjourned at 10:00 pm.
PATRICIA A. SANDERS
City Clerk
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
SEPTEMBER 8, 2004
A Regular Meeting of the City Council of the City of Palm Springs, California, was called to
order by Mayor Oden, in the Council Chamber, 3200 Tahquitz Canyon Way, on
Wednesday, September 8, 2004, at 5:00 p.m., at which time, the City Attorney announced
items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in
open session.
ROLL CALL: Present: Councilmembers Foat, McCulloch, Mills, Pougnet and
Mayor Oden
Absent: None
The meeting was opened with the Salute to the Flag.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on September 3, 2004.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 5 of agenda this date.
PRESENTATIONS: None.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business
PUBLIC COMMENTS:
Jane Smith, no address given, stated that Item 4 was improperly noticed and discussion
should be continued until the citizens are given proper notice.
Michael Kassinger, Palm Springs, stated that a "no-growth" was implemented in or
around 1982; that the City stopped; that all building proceeded due east; that using the
Desert Fashion Plaza as an example, the building was built and sold at $12.2 million; as
the "no-growth" was implemented the Plaza lost stores and began a period of resale, in
2002 the Plaza sold for $8.4 million, the full cost was never attained; that a building
moratorium or approval of the Hillside Initiative will set the City back 20 years.
Zeva Hillinger, Palm Springs, stated that when the property in Angel Canyon was
purchased, the zoning allowed 6 units per acre; that now it is being said that the property
may be down zoned to 1 unit to every 2 to 5 acres; that the reason is due to an initiative
petition being circulated against hillside building; that the people signing the petition
were ill-informed; that the City should make it clear that all building on the mountains is
already prohibited; that citizens have invested in property and should be allowed to
develop that property in the manner in which the zoning allowed when purchased.
Dena Stewart, Palm Springs, stated that the General Plan Steering Committee Meeting
was attended and that during the presentation the Director of Strategic Planning made
references that were not necessarily true; and that there are some that do not
understand that open space is a good use of open space.
Frank Gaydos, Mountain Preservation Conservancy Member, read a prepared
statement, copy on file in Office of the City Clerk, regarding the justification of a building
moratorium.
Council Minutes
09-08-04, Page 2
Steven Long, submitted a prepared statement, copy on file in Office of the City Clerk,
that referred to Item 4 and requested density be established at the same densities as in
the current General Plan.
Jay Jay, Chino Canyon Neighborhood, stated that the Planning Department should
present all development applications to the neighborhood representatives before the
application enters the planning process; that the current process of Planning reviewing
the application first is ineffective and does not allow for public input until the project is
ready for Council review.
John Stiles, Palm Springs, requested that both sides of the Utility User Tax be included
in the educational brochure that will be mailed to the citizens and added the temporary
increase does not put more police or fire on the streets, but only maintains benefits and
pay of current employees.
Les Starks, read a prepared statement, copy on file in Office of the City Clerk, related to
windmill over development along 1-10 and Highway 111.
Peter Moruzzi, Palm Springs, requested denial of Item 4 until public hearings are held
with the citizens for input.
David Wall, Palm Springs, requested a building moratorium be set in place while Specific
Plans are being developed for the Chino Cone area.
John Pavolak, Century Homes, offered an open apology for the misunderstanding
regarding the taking of soil samples and added that Century Homes would never
intentionally do anything illegal.
Sheryl Hamlin, Tennis Club area, stated that Item 4 needs to be reviewed and studied
before any action is taken.
Frank Tysen, Palm Springs, stated that government is being seen as an enemy of the
people; that the City needs to get some equilibrium back; that power sharing with the
neighborhoods is encouraged and that earlier involvement of the neighborhoods would
help alleviate problems.
CONSENT AGENDA: None
PUBLIC HEARINGS: None
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None
Council Minutes
09-08-04, Page 3
LEGISLATIVE ACTION:
1. FINAL MAP 30050
Recommendation: That the Council approve Final Map 30050, prepared by
Mainiero, Smith and Associates, Inc representing IRP El Portal Associates to
subdivide property located at the northeast corner of Acanto Drive and South
Palm Canyon Drive, Section 35, T4S, R4E. A4955.
Director of Public Works/City Engineer reviewed the staff report.
Resolution 21088 as recommended was presented; after which, it was moved by
Mills, seconded by McCulloch and unanimously carried, that R21088 be adopted.
2. MUNIFINANCIAL— COMMUNITY FACILITIES DISTRICT ANALYSIS
Recommendation: That the Council approve agreement with MuniFinancial for
analysis of fiscal impacts of formation of Community Facilities Districts for Public
Safety Services, CFD formation and administration costs for $25,500. A4956.
Assistant City Manager reviewed the staff report provided at the Meeting, copy
on file in Office of the City Clerk, and in response to Council questions stated that
the districts would only apply to new development, that typically infill projects are
not included; that basically the residences needed to form a district should be at
least 25; that this process could be applied to residential or commercial; that the
official title of the districts is Mello Roos Community Facilities District; that the
request to form the Districts will be asked of development recently approved; that
the model that the City is purchasing will have a long shelf life and new numbers
would have to be inputted for new projects; that Palm Springs Village and the
Classic Projects have also been requested to apply; and that the reason of
formation will help to cover costs related to police and fire.
Minute Order 7547 approving the contract and Resolution 21089 amending the
budget for $25,500 as recommended were presented; after which, it was moved
by Mills, seconded by Pougnet and carried by the following vote, that MO7547
and R21089 be adopted.
AYES: Members Foat, Mills, Pougnet and Mayor Oden
NO: Member McCulloch.
3. ADLER COMMUNICATIONS — MEASURE V EDUCATIONAL CAMPAIGN
Recommendation: That the Council approve agreement with Adler
Communications for a public educational campaign regarding Measure V on the
November 2, 2004 Special Municipal Election for $45,240, total contract $57,240.
A4957.
Assistant City Manager reviewed a handout provided at the meeting, copy on file
in Office of the City Clerk.
Council Minutes
09-08-04, Page 4
Minute Order 7548 approving the contract and Resolution amending the budget
for $45,240 as recommended were presented; after which, it was moved by Mills,
seconded by McCulloch and carried by the following vote that MO7548 and
R21090 be adopted.
AYES: Members McCulloch, Mills and Mayor Oden
NO: Members Foat and Pougnet.
4. URGENCY ZONING REGULATIONS — CHINO CONE, HIGHWAY 111
CORRIDOR, AND SNOW CREEK AREAS
Recommendation: That the Council consider adoption of Urgency Zoning
Regulations for the areas known as Chino Cone, Highway 111, Corridor, and
Snow Creek.
City Attorney reviewed a handout provided at the meeting, copy on file in Office
of the City Clerk.
Director of Strategic Planning reviewed in detail site plans and designation
categories.
Motion to direct General Plan Steering Committee and the Planning Commission
to review with recommendation to come to Council was presented; after which, it
was moved by McCulloch and died due to a lack of second.
Consensus of Council to consider Urgency Zoning Ordinance at October 20,
2004 Regular Meeting.
ADDITIONAL LEGISLATIVE ITEMS: None
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
Councilmember Foat distributed copies of a New York Times Article to the City Clerk
and Finance Department
Councilmember McCulloch requested a Study Session to discuss Mello-Roos
(Community Facilities Districts); a report to clarify fluctuations in TOT; and requested the
City Attorney and City Clerk to clarify Brown Act Violations regarding discussion of
issues.
5. Resolution 21086 opposing Proposition 68 — received &filed
PUBLIC reports or requests
STAFF reports or requests
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk