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Home My WebLink About9/15/2004 - 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 X111B 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 998721 Thomas Publishing Group Business Related Mills 998125 Animal Medical Hospital Business Related Mills 998223 Animal Medical Hospital Business Related Mills 998224 Animal Medical Hospital Business Related Mills 998225 Ashbury Environmental Services 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-tern declared the Hearing open. Dave Bunting, applicant, requested approval. There being no further appearances; the Hearing was closed. Council Minutes 09-01-04, Page 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