HomeMy WebLinkAbout9/1/2004 - STAFF REPORTS (6) CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
APRIL 7, 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, April 7, 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 Shauna
Segundo — Baha'i Faith.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on April 2, 2004.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 10 of agenda this date.
PRESENTATIONS: Alcohol Awareness Month
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: - No Business
FINANCE AUTHORITY: Mayor declared the meeting adjourned for the purpose of
convening as the Finance Authority; after which, members reconvened as the
Community Redevelopment Agency.
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:
Michael Stern, Palm Springs, read prepared letter, copy on file in Office of the City Clerk.
Noel Pittman, Palm Springs, requested financial assistance for Tai Chi research.
Linda Schwartz, Palm Springs, requested victims of the Silver Family Enterprise to
contact her.
Sergio Santo, no address given, stated that an agreement had been forwarded to the
Department of Planning; that the taxi industry is financially hurting and does need to be
able to start advertising on the taxicabs and that an Urgency Ordinance is requested to
put the regulations in place.
Sheila Talbert requested approval of Item 18.
Shirley Bush requested approval of Item 18.
Council Minutes
04-07-04, Page 2
Derrick Powell stated that gas prices in Palm Springs are higher than anywhere in the
Valley.
Dwayne Rorball, encouraged support to Convention Center expansion.
Charlie Robles, read a letter on behalf of Mary Jo Gunter (copy on file in Office of the
City Clerk), and added that the Convention Center expansion should be supported.
APPROVAL OF CONSENT AGENDA:
It was moved by Mills, seconded by McCulloch and unanimously carried, that
Items 1 thru 12, excluding 6 and Mills abstained from items 1 and 9, be adopted.
Review by City Manager of Consent Items to be clarified.
1. Approval of Minutes March 17, 2004, Councilmember Mills abstained due to the
fact he was absent.
2. MO 7467 approving a lease agreement with Coachella Valley Taxi Association
for lease of office space in the Ground Transportation building at the airport.
Monthly rental of $271.41, term starting April 15, 2004 for one year with three 1-
year options. A4865.
3. MO 7468 approving Amendment 9 to A4382 with Gensler for architectural
services related to modifications of the airport passenger screening checkpoint
and hold rooms for$73,702.40.
4. MO 7469 approving and adopting plans, specifications and working details and
authorize advertisement for construction bids for airport security access control
and public information display systems at the airport. CP03-17, AIP37.
Installation contract contingent upon receipt of federal funding.
5. MO 7470 approving an agreement with John and Sandy Wessman, Descanso
West, LLC, Curt and Jacqueline S. Ealy and Wessman Development for the
construction of a public pedestrian and equestrian trail from an access point at
the northwest corner of tax lot 31 at Camino Monte to intercept the Lykken Trail
within one-half mile. Section 27. A4866.
6. See extended consent agenda.
7. MO 7471 approving purchase from Galls, Inc for police department bulletproof
vests for$53,903.39, Funded by grants and gifts.
8. MO 7472 approving agreement with Palm Springs Modern Homes V, LLC and
Riverside County Flood Control & Water Conservation District related to the
design, installation and construction and operation and maintenance of the
extension of Storm Drain Line 15. A4867.
Council Minutes
04-07-04, Page 3
9. Res 20887 approving Parcel Map 31351-1 prepared by Mainiero, Smith &
Associates, Inc representing Indian Partners Inc to subdivide property located at
5403 Mesquite Avenue; and authorize the City Manager to execute a
Monumentation Agreement with subdivider. Section 20 T4S, R4E. A4868.
Councilmember Mills abstained due to property interests.
10, MO 7473 approving settlement agreement with EPIC Capital Corporation and
EPIC Resorts LLC for$20,000. A4869.
11. Res 20888, 20889, 20890 and 20891 approving Payroll Warrants and Claims &
Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Mills 995346 Animal Medical Hospital Business related
Mills 995347 Animal Medical Hospital Business related
EXTENDED CONSENT AGENDA:
6. CITY VEHICLE PURCHASE — MVR FUNDS
Recommendation: That the Council approve purchase of six vehicles from
Ramsey Street Ford for $142,393; two vehicles from Fiesta Ford for $53,714.79;
and one vehicle from Municipal Maintenance Equipment for $28,627.33. Total
vehicle purchase $224,735.12.
City Manager withdrew the item for budget discussion meeting to be held in May
2004.
PUBLIC HEARINGS:
12. TPM 30745 - ROTHBART DEVELOPMENT— DESTINATION RAMON LLC
Recommendation: That the Council open the public hearing and continue the
matter to April 14, 2004, 6:30 p.m., Council Chamber, 3200 Tahquitz Canyon
Way.
Director of Planning & Zoning reviewed the staff report.
Mayor declared the Hearing open.
Motion to continue the Hearing to April 14, 2004 was presented; after which, it
was moved by Mills, seconded by Pougnet and unanimously carried the Hearing
be continued to April 14, 2004.
13. 2004-05 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
Recommendation: That the Council approve the proposed 2004-2005 CDBG
budget; authorize the submittal of the Consolidated Plan Annual Plan Update;
authorize the City Manager to execute Subrecipent agreements and approve the
Funding Approval Agreement with HUD for$606,000.
Council Minutes
04-07-04, Page 4
Councilmember Mills declared Conflict of Interest due to residential property
within 400 foot of the project and exited the chamber.
Mayor declared the Hearing open; there being no appearances, the Hearing was
closed.
Resolution 20892 as recommended was presented; after which, it was moved by
Pougnet, seconded by McCulloch and unanimously carried, Mills absent, that
R20892 be adopted.
Councilmember Mills reentered the Chamber.
Councilmember Pougnet declared Conflict of Interest due to being a Board
Member of the AIDS Program and exited the Chamber.
Mayor declared the Hearing open; there being no appearances, the Hearing was
closed.
Resolution 20893 as recommended was presented; after which, it was moved by
Mills, seconded by McCulloch and unanimously carried, Pougnet absent, that
R20893 be adopted.
Councilmember Pougnet reentered the Chamber.
Director of Community & Economic Development review the staff report.
Mayor declared the Hearing open.
Eileen Packard, Stroke Activity Center, requested reconsideration of the grant
application.
Rick Lance, requested support of CASA.
Burt Kaplan, requested support for the Arthritis Foundation.
Shauna Hershey requested support for Arthritis Foundation.
Karen Merritt, requested support of Operation Safe House.
Wayne Flasher requested support for AIDS Assistance Program.
There being no further appearances, the Hearing was closed.
Director of Economic & Community Development stated the applications are also
given consideration to the number of Palm Springs residents to be served, not
necessarily the number of clients.
Resolution 20894 as recommended was presented; after which, it was moved by
McCulloch, seconded by Pougnet and unanimously carried, that R20894 be
adopted.
Council Minutes
04-07-04, Page 5
14. CASE 5.0995 —ZONING ORDINANCE TEXT AMENDMENT
Recommendation: That the Council order the filing of a Negative Declaration
and approve various amendments to Zoning Ordinance to revise the permit
process for architectural approval applications; revise the permit process for
hillside development applications and to established alternative street standards
for hillside areas and to allow business schools as a permitted and conditional
use in the community shopping center zone.
Director of Planning & Zoning reviewed the staff report and in answer to direction
from Council stated Section 3 of the proposed Ordinance would be deleted and
that portion would be presented at the April 21, 2004 meeting.
Mayor declared the Hearing open; there being no appearances the Hearing was
closed.
City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO
CHAPTER 94.00, SECTION 94.04.00, ARCHITECTURAL REVIEW, TO REVISE
THE PERMIT PROCESS FOR ARCHITECTURAL APPROVAL APPLICATIONS,
CHAPTER 93.00, SECTION 93.13.00, HILLSIDE DEVELOPMENTS, TO
REVISE THE PERMIT PROCESSING PROCEDURES FOR HILLSIDE
DEVELOPMENT APPLICATIONS AND TO ESTABLISH ALTERNATIVE
STREET STANDARDS FOR HILLSIDE AREAS; AND CHAPTER 92.00,
SECTION 92.11.00, C-S-C ZONE, TO ALLOW BUSINESS SCHOOLS AS A
PERMITTED AND CONDITIONAL USE IN THE COMMUNITY SHOPPING
CENTER ZONE, CITYWIDE.
after which, it was moved by Mills, seconded by McCulloch and unanimously
carried, that further reading be waived and the Ordinance be introduced for first
reading.
15. CONVENTION CENTER EXPANSION PHASE II
TEFRA HEARING —2004 SERIES A LEASE REVENUE BONDS
Recommendation: That the Council in concurrence with Financing Authority
approve and authorize Supplemental Trust Agreement 3; and Supplemental
Lease Agreement 4 relating to the City of Palm Springs Financing Authority
Lease Revenue Bonds, 2004 Series A Convention Center Expansion Project.
See FA 1.
Director of Finance & Treasurer reviewed the staff report.
Mayor declared the Hearing open; there being no appearances, the Hearing was
closed.
Resolution 20895 as recommended was presented; after which, it was moved by
Foat, seconded by Mills and unanimously carried, that R20895 be adopted.
Council Minutes
04-07-04, Page 6
City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF
SUPPLEMENTAL LEASE AGREEMENT NO. 4 RELATING TO THE CITY OF
PALM SPRINGS FINANCING AUTHORITY LEASE REVENUE BONDS, 2004
SERIES A (CONVENTION CENTER EXPANSION PROJECT).
after which, it was moved by Foat, seconded by Mills and unanimously carried,
that further reading be waived and the Ordinance be introduced for first reading.
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:
16. PALM SPRINGS INTERNATIONAL FILM FESTIVAL AMENDMENT
Recommendation: That the Council approve Amendment 4 to A3090 for the
Palm Springs International Film Festival.
City Manager withdrew the item.
17. FRANCES WINTER PROPERTY— 141 SOUTH CAHUILLA ROAD
2003-04 FISCAL YEAR BUDGET AMENDMENT
Recommendation: That the Council approve a loan to the Community
Redevelopment Agency in the amount of Four Hundred Twenty Five Thousand
Dollars ($425,000) for the purchase of property at 141 South Cahuilla Road,
Merged Project Area 1; and amend the 2003-04 Fiscal Year budget thereto.
Withdrawn.
City Manager withdrew the item.
18. SUNRISE NORTE RESALE RESTRICTIONS RELEASE
Recommendation: That the Council approve an Amendment to Lease for
Sunrise Norte homeowners, allowing owners to purchase the fee interest in
individual lots and releasing the City's resale restriction from the Covenants,
Conditions & Restrictions recorded against the property.
Director of Community & Economic Development reviewed the staff report.
Resolution 20896 as revised to include proceeds from first sales to upgrade
amenities of property of Coyote Run was presented; after which, it was moved by
Mills, seconded by Pougnet and unanimously carried, that R20896 be adopted.
Council Minutes
04-07-04, Page 7
19. PALM SPRINGS INTERNATIONAL AIRPORT USE & LEASE AGREEMENTS
Recommendation: That the Council approve a new standard form Airport Use
and Lease Agreement for use with the airlines and a term of ten years.
Director of Aviation reviewed the staff report and added that the Director of
Aviation would be designated to execute the agreements.
Resolution 20897 as recommended was presented; after which, it was moved by
Mills, seconded by Pougnet and unanimously carried, that R20897 be adopted.
20. MERGED PROJECT AREA 1 AND 2
ORDINANCES FOR INTRODUCTION & FIRST READING
Recommendation: That the Council approve extending the existing time
extensions for effectiveness of Redevelopment Plans; extend the time limits for
payment of indebtedness; receipt of property taxes; eliminating the time limit on
establishment of loans, advances and indebtedness with the Redevelopment
Plans.
City Manager withdrew the item.
21. CITY COUNCIL MEETING TIMES
MUNICIPAL CODE AMENDMENT— SECTION 2.04.010
Recommendation: That the Council establish the hour for meeting in Study
Sessions at 6:30 p.m., the second and fourth Wednesdays and Closed Sessions
at 4:30 p.m. preceding all meetings; and amend Section 2,04.010 of the Palm
Springs Municipal Code concerning the hour for holding Regular Meetings at
6:30 p.m, the first and third Wednesdays of each month.
City Manager reviewed the staff report.
Resolution 20898 as revised for Closed Sessions to begin at 5:00 p.m. and open
session to remain at 7 p.m., was presented; after which, it was moved by Foat,
seconded by Mills and carried by the following vote that R20898 be adopted.
AYES: Members Foat, Mills, Pougnet and Mayor Oden
NO: Member McCulloch.
City Manager withdrew the Ordinance for consideration.
22. PSL-315— SETTLEMENT AGREEMENT AND LEASE AMENDMENT
Recommendation: That the Council approve a settlement agreement with PSL-
315 A4870 and amend its lease agreement. A2738.
Director of Finance & Treasurer reviewed the staff report.
Council Minutes
04-07-04, Page 8
Resolution 20899, as revised for agreements to be approved subject to City
Attorney approval was presented; after which, it was moved by Mills, seconded
by Foat and unanimously carried, that R20899 be adopted.
23. CONVENTION CENTER PHASE II EXPANSION
Recommendation: That the Council amend previously approved Resolutions
adding language to allow contracts to be processed after first reading of the
Ordinance approving the bond sale.
Convention Center Project Administrator reviewed the staff report and requested
the matter also be continued to April 14, 2004.
Resolution 20900 as recommended was presented; after which, it was moved by
Mills, seconded by Pougnet and unanimously carried, that R20900 be adopted
and the matter be continued to April 14, 2004.
24. ADDITIONAL LEGISLATIVE ITEMS: None
ADDED STARTERS: None
REPORTS & REQUESTS: None
CITY COUNCIL reports or requests
Councilmember Foat requested the name "Wal-mart" be added to any notice regarding
Destination Ramon, TPM 30745 in the future; that an estimated timeline relating to the
proposed taxi cab advertising ordinance be provided to the Council; and that discussion
relating to alarm companies, false alarms, licensing/registering of alarm systems, and
further request of the alarm companies to inform the consumers of the City's false alarm
policy be scheduled for a future study session.
Councilmember Mills requested staff to review the basin retention policy; and exploration
of an administrative process relating to code enforcement issues be reported to Council.
Councilmember Pougnet requested a date relating to visioning discussions.
25. BOARD & COMMISSION SCHEDULE INTERVIEW DATES & PROCESS
Subcommittees formed as follows:
Administrative Appeals Board McCulloch & Oden
P.S. International Airport Commission Mills & Oden (alternate — McCulloch)
Historic Site Preservation Board Mills & Oden (alternate— Pougnet)
Human Rights Commission Foat & Pougnet (alternate — McCulloch)
Library Board McCulloch & Oden
Parks & Recreation Commission McCulloch & Pougnet
Personnel Board Mills & Oden
Planning Commission Foat & Mills (alternate Pougnet)
Public Arts Commission Foat & Oden
Rent Review Commission Mills & Oden
VillageFest Board Foat & Pougnet
Council Minutes
04-07-04, Page 9
26. WALK OF STARS SUBCOMMITTEE (2)
Councilmember Foat and Mayor Oden
27. DESERT FASHION PLAZA SUBCOMMITTEE (2)
Councilmember Mills and Pougnet
28. Treasurer's Investment Report as of February 29, 2004. Received & filed.
29, BUDGET TASK FORCE APPOINTMENTS
Motion to appoint Bjorn Ahlstrom, Jack Oberly, and Ralph Thornton was
presented; after which, it was moved by Mills, seconded by Foat and
unanimously carried, that the Motion be adopted.
PUBLIC reports or requests - None
STAFF reports or requests — None
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
April 21, 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, April 21, 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 Dr. Jim Tom —
United Methodist Church,
PRESENTATIONS: Certificate of Commendation for Lark Greenwalk - Withdrawn
Mental Health Month
Award for Fleet Services Division
REPORT OF POSTING OF AGENDA: Acting City Clerk reported that the agenda was
posted in accordance with Council procedures on April 16, 2004.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 9 of agenda this date.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: No Business
Adjourn as the City Council; convene as the Financing Authority.
FINANCING AUTHORITY: Mayor declared the meeting adjourned for the purpose of
convening as the Financing Authority; after which, members reconvened as the
Community Redevelopment Agency.
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.
CITY COUNCIL
PUBLIC COMMENTS:
Paula Summers and Tony Larcombe, representing Uptown Merchants Association,
expressed support of First Friday Frenzy to revive the First Friday Event; by placing
furniture and other merchandise on sidewalk in front of participating stores to create
awareness.
Bill Cohen, Cathedral City, presented a check representing 50,073 volunteer hours from
the Retired and Senior Volunteer Program, headquartered in Palm Desert.
Sergio Santo, Coachella Valley Taxi Owner Association, requested an ordinance
suspension on advertising until rectified, adding taxi industry is hurting due to price of
gas.
Council Minutes
04-21-04, Page 2
Al Smoot, Palm Springs, stated Vietnam Moving Wall is currently on display at Sunrise
Plaza until Sunday and invited everyone out.
APPROVAL OF CONSENT AGENDA: Items 1 thru 6.
CONSENT AGENDA:
It was moved by Pougnet, seconded by Foat and unanimously carried, items 2,
3, 5 and 6 adopted.
It was moved by Pougnet, seconded by McCulloch and unanimously carried,
Mills abstaining due to personal and business related conflicts, that items 1 and 4
be adopted.
Review by City Manager of Consent Items to be clarified.
1. Res 20905 concurring with FA1 and CRA B. Bond documents on file in the
Office of the City Clerk. Mills abstain.
2. MO 7475 approving Amendment 3 to A4736 with Transportation Security
Administration replacing the Reimbursable Agreement for law enforcement
officer services at Palm Springs International Airport. A4736.
3. MO 7476 approving airport use agreement and permit application with LSG Sky
Chefs Inc for one year with option to renew annually, portage fee of 10.5% of
gross sales. A4874.
4. MO 7477 approving Amendment 1 to A4119 with Palm Springs Unified School
District regarding Facility Joint Use for a term of one year to July 1, 2005. Mills
abstain.
5. MO 7478 approving the Disadvantage Business Enterprise (DBE) Program in
compliance with the Department of Transportation's Code of Federal Regulations
Title 49 Part 26 for federally assisted projects for the Palm Springs International
Airport.
6. Res 20906 approving Payroll Warrants.
EXTENDED CONSENT AGENDA: None.
PUBLIC HEARINGS:
7. CASE 5.0972 - PD286 - TTM 31514 — SANDERSON-J. RAY DEVELOPMENT-
PALAPAS
Recommendation: That the Council approve the Mitigated Negative Declaration;
and Planned Development District 286 and Tentative Tract Map 31514 for the
construction of 62 detached single family residences and associated on and off-
site improvements for property located at 3255 East Palm Canyon Drive, Zone
RGA-6 and R-1-13 Section 25. Applicant: Sanderson-J. Ray Development-
Palapas. 148 Notices Mailed.
Council Minutes
04-21-04, Page 3
Director of Planning & Zoning reviewed the staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open.
Randolph Maxsted, Palm Springs, stated residence borders wash; that density is
of concern, and that the wash should not be a playground for ATV use.
Gary Wiggle, representing Sanderson-J. Ray Development-Palapas, requested
conditions 43 and 46 be removed; and added that condition 46 is dependent on
Edison's timeline.
There being no further appearances, the Hearing was closed.
Resolution 20907, as revised to include no retention basin on Araby and if
additional retention is needed, the retention basin located at the back of the
project have additional depth; Condition 46 be modified to allow the grading
permit to be issued before Southern California Edison's approval providing the
plans are on file with Southern California Edison; and Architectural Condition 31 B
(cross-ventilation opportunities) be eliminated; after which, it was moved by Mills,
seconded by Pougnet and unanimously carried, that R20907 be adopted.
S. CASES 5.0986 & 5.0982 - GENERAL PLAN AMENDMENT - CIRCULATION
ELEMENT— NEXUS RESIDENTIAL COMMUNITIES - CATHTON HOLDINGS
Recommendation: That the Council amend the General Plan Circulation
Element to relocate a 450 foot non-constructed portion of Camino Real, a
collector roadway north of East Palm Canyon Drive, 340 feet to the west
intercepting Indian Trail and proceeding north to Indian Trail 165 feet to intercept
the existing roadway of Camino Real; delete the Tramview Road/Avenida
Caballeros Extension, between San Rafael Road and Indian Canyon Drive from
the General Plan Circulation Map, create General Plan Policy 7.1.5b to add to
the General Plan Circulation Map Sunrise Way northerly to San Rafael Road to
Highway 111; reclassify Indian Canyon Way on the General Plan Circulation
Element from 154 foot right-of-way major thoroughfare to 100 foot right-of-way
for a major thoroughfare through the deletion of frontage roads and amend the
General Plan Land Use Element to delete two elementary school sites and
relocate a park site and delete one park site on the General Plan Land Use
Element adjacent to existing park site designation in order to form a larger park
site. Applicants: Nexus Residential Communities - Cathton Holdings. 1160
Notices Mailed.
Director of Planning & Zoning reviewed the staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open.
Wayne Brechtel, Sierra Club, stated letters had been provided regarding issue.
Garth Erdossy, representing the Nexus Residential Communities, spoke in favor
of the proposed amendment to the General Plan Circulation Element.
Council Minutes
04-21-04, Page 4
Marvin Roos, representing Cathton Holdings, stated they have been working on
the project for the past 12 years, and that the traffic study would indicate that the
Sunrise Parkway could be handled with a 40' street width, within a 100' right-of-
way, giving ample landscape area.
Craig Richmond, Palm Springs, spoke against the proposed amendment to the
General Plan Circulation Element.
There being no further appearances, the Hearing was closed.
Resolution 20908, as recommended was presented; after which, it was moved by
Pougnet, seconded by Foat and unanimously carried, that R20908 be adopted.
9. CASE 5.0986 - PD292 - TTM 31980— NEXUS RESIDENTIAL COMMUNITIES
Councilmember Pougnet declared business related Conflict of Interest and exited
the Chamber.
Recommendation: That the Council approve a Mitigated Negative Declaration;
Planned Development District 292 and Tentative Tract Map 31980 for the
construction of 133 multi-family residential units, 19 detached single family
residential units and associated on and off-site improvements for property
located at 1000 East Palm Canyon Drive, Zone R-2, R-3 and O, Section 23.
Applicant: Nexus Residential Communities. 326 Notices Mailed. Pougnet
abstain due to residence.
Director of Planning & Zoning reviewed the staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open. There being no appearances, the Hearing
was closed.
Resolution 20909 as revised to include a restudy of the City's retention policy
was presented; after which, it was moved by Mills, seconded by Foat and
unanimously carried, Pougnet absent, that R20909 be adopted.
Councilmember Pougnet reentered the Chamber.
10. CASE 5.0982 - PD290 -TTM 31848 GENERAL PLAN AMENDMENT CATHTON
HOLDINGS, McCOMIC CONSOLIDATED -TRANSWEST HOUSING
Recommendation: That the Council approve the Mitigation Monitoring Program
and Mitigated Negative Declaration; Preliminary Planned Development District
290 and Tentative Tract Map 31848 into 782 parcels with 1,236 residential units
on 309.39 acres, an 18-hole golf course and clubhouse and dedicate 7.55 acres
of land for future development as a park. Applicant: Cathton Holdings - McComic
Consolidated -Transwest Housing. 834 Notices Mailed.
Director of Planning & Zoning reviewed the staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open.
Council Minutes
04-21-04, Page 5
The following persons spoke in support:
Barry McComick, representing Transwest Housing
Chuck Shepardson, representing Transwest Housing
Brian Moser, Palm Springs
Mack Hicks, Palm Springs
Damon Gascon, representing the development Four Seasons
Richard Parzinsky, Palm Springs
Jim Francisco, Palm Springs
Daniel Williams, Palm Springs
Marvin Roos, Mainero, Smith, & Associates, representing Transwest Housing
Jim Francisco, Palm Springs
Jim Stuart, Palm Springs
The following persons spoke in opposition:
Pat Grimm, Palm Springs
Dick Kubic, Palm Springs
J. Colin Sprang, Palm Springs
Wayne Brechtel, representing the Sierra Club
Craig Williams, Palm Springs
Mayor Oden requested the 11:00 p.m. rule be enacted; after which, it was moved
by Mills, seconded by Pougnet and unanimously carried, the Council meeting be
continued.
There being no further appearances, the Hearing was closed.
Motion to determine and add an urgency Closed Session item relating to
Conference with Legal Counsel — Anticipated Litigation, Exposure to Litigation —
one case, pursuant to GC Sec 54956.9(b)(1) and (3(A)(B) to the present agenda
because there is significant exposure to litigation being presented; after which it
was moved by Foat, seconded by Pougnet and unanimously carried, that the
item be added.
Closed Session Report: City Attorney reported the item was discussed and no
action was taken.
Motion to continue the item was presented, it was moved by Foat, seconded by
Pougnet and unanimously carried, that the item be continued to May 5, 2004.
Mayor Oden absent from this point on.
11. STEVENS ROAD SEWER CONNECTION REFUND AGREEMENT
Councilmember Pougnet declared business related Conflict of Interest and exited
the Chamber.
Recommendation: That the Council approve a Sewer Construction Refund
Agreement for off-site public sewer extension to 690, 707, 675 and 695 W.
Council Minutes
04-21-04, Page 6
Stevens Road, APN 505-051-006, 505-052-011, 014, and 016 respectively, in
the amount of $33,674.84. Applicant: Melvyn Haber. 4 Notices Mailed. A4875
Director of Community & Economic Development reviewed the staff report.
Mayor pro tem declared the Hearing open. There being no appearances, the
Hearing was closed.
Resolution 20910 as recommended was presented; after which, it was moved by
McCulloch, seconded by Foat and unanimously carried, Oden and Pougnet
absent, that R20910 be adopted.
Councilmember Pougnet reentered the Chamber.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None
LEGISLATIVE ACTION:
12. PALM SPRINGS INTERNATIONAL FILM FESTIVAL AMENDMENT
Recommendation: That the Council approve Amendment 4 to A3090 for the
Palm Springs International Film Festival.
City Manager withdrew the item.
13. MERGED PROJECT AREA 1 AND 2
ORDINANCES FOR INTRODUCTION & FIRST READING
Mayor Pro-Tem Mills declared personal Conflict of Interest, turned the meeting
over to Councilmember Foat and exited the Chamber.
Recommendation: That the Council approve extending the existing time
extensions for effectiveness of Redevelopment Plans; extend the time limits for
payment of indebtedness; receipt of property taxes; eliminating the time limit on
establishment of loans, advances and indebtedness with the Redevelopment
Plans.
Director of Community & Economic Development reviewed the staff report.
Acting City Clerk read Title of Ordinances as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA EXTENDING THE TIME LIMITS FOR THE
EFFECTIVENESS OF THE MERGED REDEVELOPMENT PLAN
FOR MERGED REDEVELOPMENT PROJECT NO. 1;
EXTENDING THE TIME LIMIT FOR PAYMENT OF
INDEBTEDNESS AND RECEIPT OF TAX INCREMENT UNDER
THE MERGED REDEVELOPMENT PLAN FOR MERGED
REDEVELOPMENT PROJECT NO. 1; AND MAKING OTHER
FINDINGS IN CONNECTION THEREWITH
Council Minutes
04-21-04, Page 7
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA EXTENDING THE TIME LIMITS FOR THE
EFFECTIVENESS OF THE MERGED REDEVELOPMENT PLAN
FOR MERGED REDEVELOPMENT PROJECT NO. 2;
EXTENDING THE TIME LIMIT FOR PAYMENT OF
INDEBTEDNESS AND RECEIPT OF TAX INCREMENT UNDER
THE MERGED REDEVELOPMENT PLAN FOR MERGED
REDEVELOPMENT PROJECT NO. 2; AND MAKING OTHER
FINDINGS IN CONNECTION THEREWITH
AN ORDINANCE OF THE CITY OF PALM SPRINGS
ELIMINATING THE TIME LIMIT ON ESTABLISHMENT OF
LOANS, ADVANCES AND INDEBTEDNESS WITH RESPECT TO
THE MERGED REDEVELOPMENT PLAN FOR MERGED
REDEVELOPMENT PROJECT NO. 1; AND MAKING OTHER
FINDINGS IN CONNECTION THEREWITH
AN ORDINANCE OF THE CITY OF PALM SPRINGS
ELIMINATING THE TIME LIMIT ON ESTABLISHMENT OF
LOANS, ADVANCES AND INDEBTEDNESS WITH RESPECT TO
THE MERGED REDEVELOPMENT PLAN FOR MERGED
REDEVELOPMENT PROJECT NO. 2; AND MAKING OTHER
FINDINGS IN CONNECTION THEREWITH
after which, it was moved by Pougnet, seconded by McCulloch and unanimously
carried, Mills and Oden absent, that further reading be waived and the
Ordinances be introduced for first reading.
Mayor Pro Tem Mills reentered the Chamber.
14. MUNICIPAL CODE AMENDMENT - FALSE ALARM RESPONSE FEES
Recommendation: That the Council amend Palm Springs Municipal Code
Section 5.02.075 to revise the notice and fees from a non-permitted alarm
system owner for the police department's response to false alarm(s).
City Manager withdrew the item.
15. ORDINANCE FOR SECOND READING & ADOPTION (Intro 4-7-04)
ZONING ORDINANCE AMENDMENT - ARCHITECTURAL REVIEW AND
HILLSIDE DEVELOPMENTS
City Clerk read Title of Ordinance 1647 as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING
ORDINANCE IN REGARD TO CHAPTER 94.00, SECTION
94.04.00, ARCHITECTURAL REVIEW, TO REVISE THE PERMIT
PROCESS FOR ARCHITECTURAL APPROVAL APPLICATIONS
AND CHAPTER 93.00, SECTION 93.13.00, HILLSIDE
DEVELOPMENTS, TO REVISE THE PERMIT PROCESSING
PROCEDURES FOR HILLSIDE DEVELOPMENT
Council Minutes
04-21-04, Page 8
APPLICATIONS AND TO ESTABLISH ALTERNATIVE STREET
STANDARDS FOR HILLSIDE AREAS, CITYWIDE.
after which, it was moved by Foat, seconded by Pougnet and unanimously
carried, Oden absent, that further reading be waived and Ordinance 1647 be
adopted.
16. ORDINANCE FOR SECOND READING & ADOPTION (Intro 3-31-04)
ZONING MAP AMENDMENT - SECTION 14
City Clerk read Title of Ordinance 1648 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING MAP BY REMOVING
ALL EXISTING ZONING WITHIN SECTION 14 AND ESTABLISH
NINE NEW LAND USE DESIGNATIONS FOR 640 ACRES
BOUND BY ALEJO ROAD TO THE NORTH, SUNRISE WAY TO
THE EAST, RAMON ROAD TO THE SOUTH, AND INDIAN
CANYON DRIVE TO THE WEST, ZONE C-1, C-1-AA, C-2, R-G-A
(8), R-2, R-4, R-4-VP, PD-101, PD-180, AND PD-164, SECTION
14.
after which, it was moved by Pougnet, seconded by Foat and unanimously
carried, Oden absent, that further reading be waived and Ordinance 1648 be
adopted.
17. COMPREHENSIVE FEE SCHEDULE AMENDMENT— PARKS & RECREATION
Recommendation: That the Council amend the Comprehensive Fee Schedule to
establish fees for the live-scan fingerprinting device for $12.00 per person.
Continued to 5-5-04.
18. 2004 AIDS ASSISTANCE PROGRAM'S 11T" ANNUAL EVENING UNDER THE
STARS
Councilmember Pougnet exited the Chamber due to conflict of interest; he is
currently a member of the board.
Recommendation: That the Council approve suspending certain regulatory
ordinances related to 2004 Aids Assistance Program's 11th Evening Under the
Stars, May 8, 2004, at O'Donnell Golf Course.
Director of Parks and Recreation reviewed the staff report.
Resolution 20911 as recommended was presented; after which, it was moved by
McCulloch, seconded by Foat and unanimously carried, Oden and Pougnet
absent, that R20911 be adopted.
Council Minutes
04-21-04, Page 9
19. UPTOWN MERCHANTS ASSOCIATION'S FIRST FRENZY EVENT
Recommendation: That the Council sponsors the Uptown Merchants
Association's First Frenzy event and suspends certain regulatory ordinances
related to the event and waive certain requirements for the event.
Director of Parks and Recreation reviewed the staff report.
Minute Order 7479 and Resolution 20912 as recommended was presented; after
which, it was moved by Pougnet, seconded by Foat and unanimously carried,
Oden absent, that MO7479 and R20912 be adopted.
20. 2003-04 FISCAL YEAR BUDGET AMENDMENT — CONVENTION CENTER
EXPANSION PROJECT PHASE II — PARKING LOT & STREET
IMPROVEMENTS
Recommendation: That the Council amend fiscal year 2003-04 budget to
transfer $30,000 from drainage fund balance reserves into a capital project
account to fund construction of a new catch basin and storm drain connector to
the existing Tachevah Outlet Drain and related improvements related to the
Convention Center Expansion Project Phase II.
City Manager withdrew the item.
21, ADDITIONAL LEGISLATIVE ITEMS:
At the request of the City Manager Items 21A and 21B were considered at the
beginning of the meeting, before the consideration of the Consent Agenda.
21A. CONVENTION CENTER EXPANSION — PHASE II - GRADING
Recommendation: That the Council approve an agreement for grading at the
Convention Center Phase II Expansion. A4872. Materials to be provided.
Resolution 20904, as revised not to exceed $850,000 and subject to approval of
City Attorney, was presented; after which, it was moved by Mills, seconded by
Pougnet and unanimously carried, that R20904 be adopted.
21.13 CONVENTION CENTER EXPANSION — PHASE II — SOIL TESTING
Recommendation: That the Council approve an agreement with Testing
Engineers — U.S. Labs for soils and materials testing at the Convention Center
for$180,000. A4874.
Minute Order 7474, as revised, not to exceed $180,000 and subject to approval
of City Attorney, was presented; after which, it was moved by Mills, seconded by
Pougnet and unanimously carried, that MO7474 be adopted.
21C. WASTEWATER TREATMENT PLANT FUND TRANSFER
Recommendation: That the Council approves the transfer of funds from the
Wastewater Treatment Plan Reserve Account to the Aviation Department
Reserve Account for $3,730,500 as fair market value I exchange for the
Council Minutes
04-21-04, Page 10
appraised value of 24.87 acres of airport property located in Section 19, Lots 19
and 20. Materials to be provided.
City Manager withdrew the item.
ADDED STARTERS: None.
REPORTS & REQUESTS:
22. BOARD & COMMISSION SCHEDULE INTERVIEW DATES AND TIMES
Council concurrence to continue consideration of item to May 5, 2004.
BOARD & COMMISSION ANNUAL DINNER DATE
Council concurrence for date of event to be held Monday, June 14, 2004.
23. GENERAL PLAN CONSULTANT SELECTION COMMITTEE — SUB-
COMMITTEE APPOINTMENT
Mayor pro tem Mills
CITY COUNCIL reports or requests
Councilmember Foat: Requested placing the CVAG model massage ordinance on a
future agenda for discussion.
Mayor pro tem Mills: Requested placing as a legislative item, the formation of a Council
subcommittee to evaluate the process of formation, determination, and/or definition of
neighborhood groups.
Councilmember Pougnet: Requested extending the current contract with SMG, adding
this will allow Council and staff to conduct an extensive evaluation and review options for
the administration of tourism.
PUBLIC reports or requests - None
STAFF reports or requests
Southern California Edison's Annual Franchise Statement. Received and filed.
ADJOURNMENT
There being no further business, Mayor pro tem Mills declared the meeting adjourned.
By: KATHIE HART, CMC
Acting City Clerk
PATRICIA A. SANDERS, MMC
City Clerk
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
May 19, 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, May 19, 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 Rabbi Ofsyer—
Temple Isaiah.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on May 14, 2004.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 8 of agenda this date.
PRESENTATIONS: Tachevah sidewalk lighting
Proclamation to Howard Lapham
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: - No Business
Convene as the City Council and the Community Redevelopment Agency
CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY
JOINT PUBLIC HEARING:
A. MERGED REDEVELOPMENT PROJECT NO. 2 PLAN AMENDMENT
ORDINANCE INTRODUCTION
Agency/Council Member Mills declared Conflict of Interest due to ownership of
property and exited the Chamber.
On May 5, 2004, the Agency/Council continued consideration of reinstatement of
eminent domain authority for nonresidential properties in the Tahquitz-Andreas
Constituent Project Area.
Director of Community & Economic Development reviewed the staff report and
added there were two written objections of the item; that the consultants and
attorneys would be addressing the concerns and that after the Hearing is closed
the item should be continued to allow response to the objections.
Chairman declared the Hearing open; there being no appearances, the Hearing
was closed.
Council Minutes
05-19-04, Page 2
Agency/Council Member Foat questioned if there were any plans to "take" any
operating businesses by eminent domain.
Director of Community & Economic Development stated there were no plans.
Motion to continue the item to June 2, 2004 was presented; after which, it was
moved by Foat, seconded by McCulloch and unanimously carried, Mills absent,
that the Motion be adopted.
Agency/Council Member Mills reentered the Chamber.
Adjourn as the Community Redevelopment Agency; continue as the City Council.
CITY COUNCIL
PUBLIC COMMENTS:
Rose Therrien, Palm Springs, stated that a traffic signal at Racquet Club and Farrell
should be installed or traffic should be slowed down.
The following persons spoke in support of Item 21:
Robin Burns, Coachella Valley Taxi Owners Association
Michael Marchese, Cathedral City
Sergio Santo, Cathedral City
The following persons spoke in support of increasing the Utility User Tax:
Beth Arterberry, Palm Springs
Mary Ann West, Palm Springs
Howard Lapham, Palm Springs requested approval of Item 4.
APPROVAL OF CONSENT AGENDA:
It was moved by Mills, seconded by Pougnet and unanimously carried, that Items
1 thru 8, be adopted.
Review by City Manager of Consent Items to be clarified.
1. MO 7485 amending the designation of Local Law Enforcement Block Grant
Funds to delete the portable live scan fingerprint system and vehicle mounted
video cameras and add range ammunition, taser less-lethal weapons, gas
masks, pepper spray, digital cameras, badges, leg restraints and crime analysis
research for $103,520. Total award $130,139.
2. Res 20924 approving Resolution of Convenience and Necessity to sell alcohol
for property located at 333 South Indian Canyon Drive, Suite E. Applicant:
Clyde Wright. Mills abstained, business related.
Council Minutes
05-19-04, Page 3
3. MO 7486 approving Memorandum of Understanding agreement with the County
of Riverside for joint monitoring of emergency ambulance services with American
Medical Response (AMR). A4883.
4. MO 7487 approving Amendment 1 to A4713 with SDC, LLC for a one year time
extension to June 3, 2005 with the Exclusive Agreement to Negotiate for the
development of the Tahquitz Creek Resort Hotel and timeshares. A4713.
5. MO 7488 approving the purchase with Bear Cat Manufacturing Inc for one crack
sealing machine for$31,754.68.
6. Res 20925 approving Memorandum of Understanding with the Palm Springs Fire
Management Association for a two year period ending June 30, 2006.
7. Res 20926 authorizing the merger of the Police Safety and Fire Safety pension
plans with CaIPERS, effective July 1, 2005. No cost to General Fund.
8. Res 20927, 20928, 20929, 20930 and 20931 approving Payroll Warrants and
Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
McCulloch 996104 Desert Fire Extinguishers Business related
Mills 996056 Animal Medical Hospital Business related
Mills 996057 Animal Medical Hospital Business related
EXTENDED CONSENT AGENDA: None
PUBLIC HEARINGS:
9. TENTATIVE TRACT MAP 31887—JOHN WESSMAN
284 S. CAHUILLA ROAD
On May 5, 2004, Council continued consideration of the revised Tentative Tract
Map 31887 to construct 38 condominium units for the property located at 284 S.
Cahuilla Road, Zone R-2 and R-3, Section 15. Applicant: John Wessman.
Director of Planning & Zoning reviewed staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open.
John Wessman, developer, stated availability for questions or clarification of
project.
There being no further appearances, the Hearing was closed.
Council Minutes
05-19-04, Page 4
Resolution 20932 as recommended was presented; after which, it was moved by
Foat, seconded by Mills and unanimously carried, that R20932 be adopted.
10. TTM 28610— MATZNER & OLIPHANT—TACHEVAH DRIVE
Recommendation: That the Council provide relief from Conditions 24 and 25 of
the Conditions of Approval for Tentative Tract Map 28610 with Matzner &
Oliphant requiring the undergrounding of utilities that are less than 35KV for
project located on the north side of Tachevah Drive between Avenida Caballeros
and Sunrise Way, R-1-C zone, Section 11. Applicant: Matzner & Oliphant. 190
Notices Mailed.
Director of Planning & Zoning reviewed staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open.
The following persons spoke in opposition of waiving of Conditions related to
undergrounding.
Meg Bane, Palm Springs
Sally Hunter, Palm Springs
John Mahoney, Palm Springs
Brian Riley, Palm Springs
Paula Auburn, Palm Springs
Keith Brock, Palm Springs
The fallowing persons spoke in support of the Item as recommended.
John Wessman, Palm Springs
Ralph Hitchcock, Palm Springs
Eva Matznar, no address given
There being no further appearances, the Hearing was closed.
Motion to approve the project with undergrounding of utilities on specified
property line to be deferred by covenant was moved by Mills and died due to a
lack of second.
Motion to approve the item as recommended was presented; after which it was
moved by Mills and died due to a lack of second.
Member McCulloch requested the motion include language to record the costs
against each property and that if the Assessment District fails, that the findings
will not be protested and each will pay its fair share.
Resolution 20933 as revised to include covenant to be prepared by City Attorney
was presented; after which, it was moved by McCulloch, seconded by Mills and
carried by the following vote that R20933 be adopted.
Council Minutes
05-19-04, Page 5
AYES: Members Mills, McCulloch and Mayor Oden
NO: Members Foat and Pougnet.
11. TTM 32263 — PALM SPRINGS COMMERCE CENTER — 1301 MONTALVO
WAY
Recommendation: That the Council approve Tentative Tract Map 32263 with
Palm Springs Commerce Center for the conversion of a 33,000 square foot light
industrial office building into a business condominium complex and subdivide
2.30 acres into 1 lot, property located at 1301 Montalvo Way, zone M-1-P,
Section 7. Applicant: Philip J. Cleary, 43 Notices Mailed.
Director of Planning & Zoning reviewed staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open; there being no appearances, the Hearing was
closed.
Resolution 20934 as recommended was presented; after which, it was moved by
Mills, seconded by Pougnet and unanimously carried, that R20934 be adopted.
12. CASE 5.0889 — PD 269 — K. HOVNANIAN — 3801 N. SUNRISE WAY
Recommendation: That the Council approve an addendum to the Mitigated
Negative Declaration for a minor amendment to case 5.0889 — PD269, Planned
Development District and Tentative Tract Map 30058 for a gated 176 unit single
family residential development located at 3801 North Sunrise Way, Zone PD
116A, Section 35. Applicant K. Hovnanian. 461 Notices Mailed.
Director of Planning & Zoning reviewed staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open.
Don Thompson, representing developer stated availability for questions.
There being no further appearances, the hearing was closed.
Resolution 20935 as recommended was presented; after which, it was moved by
Pougnet, seconded by Mills and unanimously carried, that R20935 be adopted.
13. DELINQUENT WASTE DISPOSAL SERVICES
Recommendation: That the Council approve placement of delinquent waste
disposal services accounts for fiscal year ending June 30, 2004 on the Riverside
County property tax rolls. 953 Notices Mailed.
Director of Finance & Treasurer reviewed the staff report.
Mayor declared the Hearing open.
Council Minutes
05-19-04, Page 6
Reina Ortiz, Palm Springs, stated that the City should not impose trash pickup on
property when vacant; that the property owners should have a choice on whether
or not to have trash pickup and added that all that live in Palm Springs are not
wealthy.
There being no further appearances the Hearing was closed.
Resolution 20936 as recommended was presented; after which, it was moved by
Pougnet, seconded by Mills and unanimously carried, that R20936 be adopted.
14. CASE 5.0989— CUP — NEXTEL —4711 EAST PALM CANYON DRIVE
Recommendation: That the Council approve Conditional Use Permit 5.0989 for
the installation of a commercial communications antenna on a forty-five foot
monopalm pole and equipment cabinet on property leased at 4711 East Palm
Canyon Drive. Zone C-D-N, Section 30. Applicant Nextel — James Lee. 512
Notices Mailed.
Director of Planning & Zoning reviewed staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open.
Jim Lee, Tetra Tech for Nextel, stated availability for questions.
There being no further appearances, the Hearing was closed.
Resolution 20937 as recommended was presented; after which, it was moved by
Foat, seconded by McCulloch and unanimously carried, that R20937 be adopted.
15. CAMINO MONTE RIGHT-OF-WAY VACATION
Recommendation: That the Council vacate a portion of the right-of-way
dedicated for the public street Camino Monte. Section 27, T4S, R4E. File R-03-
011.
Director of Public Works/City Engineer reviewed the staff report.
Mayor declared the Hearing open.
The following person spoke in support of the Item.
John Wessman, Palm Springs
The following persons spoke in support of the Item with continued accessibility to
trails.
Wendy Kingston, Palm Springs
A.R. Difeo, Palm Springs
There being no further appearances, the Hearing was closed.
Council Minutes
05-19-04, Page 7
Resolution 20938 as recommended was presented; after which, it was moved by
Mills, seconded by Oden and unanimously carried, that R20938 be adopted.
16. EL ALAMEDA RIGHT-OF-WAY VACATION
Recommendation: That the Council vacate a portion of the right-of-way
dedicated for the public street El Alameda. Section 11, T4S, R4E. File R-03-
052.
Director of Public Works/City Engineer reviewed the staff report.
Mayor declared the Hearing open.
Bob Evans, Palm Springs, requested approval of the Item.
There being no further appearances, the Hearing was closed.
Resolution 20939 as recommended was presented; after which, it was moved by
Foat, seconded by Mills and unanimously carried, that R20939 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:
17. 2003-04 FISCAL YEAR BUDGET AMENDMENT
MERGED PROJECT AREA 1 & 2 LOANS
Councilmembers Foat and Mills declared Conflict of Interest due to property
ownership and exited the Chamber.
Recommendation: That the Council approve loan repayments and reloaning of
funds from the General Fund for Merged Area 1 in the amount of $700,000 and
Merged Area 2 for $300,000. See CRA B.
Director of Finance & Treasurer reviewed the staff report.
Resolutions 20940 & 20941 (2) amending the budget were presented; after
which, it was moved by Pougnet, seconded by McCulloch, and unanimously
carried, Foat and Mills absent, that R20940 and R20941 be adopted.
Councilmembers Foat and Mills reentered the Chamber.
Council Minutes
05-19-04, Page 8
18. COMPREHENSIVE FEE SCHEDULE
Recommendation: That the Council adopt a recodified Comprehensive Fee
Schedule which provides minor updates and incorporates all previously approved
fee schedule amendments for all citywide Departments; and rescind Resolution
20362.
City Clerk reviewed the staff report.
Resolution 20942 as recommended was presented; after which, it was moved by
Mils, seconded by Pougnet and unanimously carried that R20942 be adopted.
19. ZONING ORDINANCE AMENDMENTS — SECOND READING & ADOPTION
CIVIC CENTER/SERVICE/MANUFACTURING/COMMUNITY CENTER ZONES
— INTRO 5-5-04
City Clerk read Titles of Ordinance 1653 and Ordinance 1654 as follows:
Ordinance 1653:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO
CHAPTER 92.00. SECTION 92.23.00, CC ZONE, SO AS TO ALLOW
TRANSPORTATION FACILITIES AS A CONDITIONAL USE IN THE CIVIC
CENTER ZONE AND CHAPTER 92.00. SECTION 92.17.00, M-1 ZONE, SO AS
TO MODIFY THE REQUIREMENTS FOR LOCATION OF AMBULANCE
SERVICES IN THE SERVICE/MANUFACTURING ZONE, CITY WIDE
and
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO
CHAPTER 92.00, SECTION 92.11.00, C-S-C ZONE, TO ALLOW BUSINESS
SCHOOLS NOT EXCEEDING 40,000 SQUARE FEET OF GROSS BUILDING
AREA, AS A CONDITIONAL USE IN THE COMMUNITY SHOPPING CENTER
ZONE, CITYWIDE
after which, it was moved by Foat, seconded by Mills and unanimously carried,
that further reading be waived and Ordinances 1653 and 1654 be adopted.
20. MUNICIPAL CODE AMENDMENT— SECOND READING & ADOPTION
FALSE ALARM RESPONSE FEES — INTRO 5-5-04
City Clerk read Title of Ordinance 1655 as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REVISING A PORTION OF CHAPTER 5.02 OF THE PALMS
SPRINGS MUNICIPAL CODE RELATING TO FALSE ALARM RESPONSE
FEES
Council Minutes
05-19-04, Page 9
After which, it was moved by Foat, seconded by Mills and unanimously carried
that further reading be waived and Ordinance 1655 be adopted.
21. MUNICIPAL CODE AMENDMENT INTRODUCTION & FIRST READING
TAXICAB ADVERTISING
Recommendation: That the Council amend the Palm Springs Municipal Code
Chapter 5.40 to allow advertising material on taxicabs.
Director of Planning & Zoning reviewed staff report and visual site plans on
display in the Chamber.
Motion to continue the Item for 30 days with direction to start zoning ordinance
amendment and franchising processes to run concurrently and notification of
electorate of Valley cities of possible amendment was presented; after which, it
was moved by Pougnet, seconded by McCulloch and carried by the following
vote that the Motion be adopted.
AYES: Members McCulloch, Mills, Pougnet and Mayor Oden
NO: Member Foat.
22. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirement;
materials provided at meeting)
SANTIAGO SUNRISE VILLAGE MOBILE HOME PARK
MULTIFAMILY MORTGAGE REVENUE BONDS SERIES 2004
Recommendation: That the Council approve a Multifamily Mortgage Revenue
Bond Series 2004 issue of$3,800,000 for the purchase and rehabilitation of 176
space park known as the Sunrise Village Mobile Home Park.
Director of Community& Economic Development reviewed the staff report.
Resolution 20943 as recommended was presented; after which, it was moved by
Mills, seconded by Foat and unanimously carried, that R20943 be adopted.
ADDED STARTERS: None.
REPORTS & REQUESTS:
Mayor Oden requested current policies on surplus property and Indian Avenue street
closures to be provided to Council.
Councilmember Pougnet requested status of the street naming policy.
Councilmember McCulloch requested status report on median at Avenida Caballeros &
Alejo to include the impact of the median on the airplane parade.
Council Minutes
05-19-04, Page 10
Councilmember Mills requested City Manager letter to Supervisor Ashley dated May 11,
2004 be revised to delete the statement of the City having no problem with billboards,
adding that the Council has never been supportive of billboards and requests that
Fairway be required to follow the same regulations as the Tribe regarding spacing.
CITY COUNCIL reports or requests
23. Treasurer's Investment Report as of March 31, 2004. Received and filed.
24. Subcommittee Appointment (2)— Neighborhood
Councilmembers Foat and Mills. Mayor Oden as alternate.
25. Sunline Transit Alternate — Councilmember McCulloch
PUBLIC reports or requests
Bob Evans requested trial temporary street closure on Via Altamira and Vista Valmonte.
STAFF reports or requests
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JUNE 2, 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, June 2, 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 - Boy Scout Troop 262, and an
invocation by Reverend Kevin Johnson — Bloom in the Desert.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on May 28, 2004.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 8 of agenda this date.
PRESENTATIONS: None.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: - No Business
Continue as the City Council; convene as the Community Redevelopment Agency
CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY
JOINT PUBLIC HEARING
A. Not Used.
B. HACIENDA SUNSET AFFORDABLE HOUSING ASSOCIATES
Recommendation: That the Agency/Council approve the First Amendment to
Restated and Amended Disposition and Development Agreement with Hacienda
Sunset Affordable Housing Associates and Coachella Valley Housing Coalition
amending the terms and providing additional Agency assistance for $350,000 for
a 66 unit low-income apartment complex, south of the Coyote Run Apartments
located on Sunrise Way and San Rafael Road. A0448C.
Director of Community & Economic Development reviewed the staff report.
Chairman/Mayor declared the Hearing open; there being no appearances, the
Hearing was closed.
Resolution 1250 (Agency) and Resolution 20945 (City) as recommended were
presented; after which, it was moved by Mills, seconded by Foat and
unanimously carried, that R1250 and R20945 be adopted.
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.
Council Minutes
06-02-04, Page 2
CITY COUNCIL
PUBLIC COMMENTS:
Mellany E. Miller, Palm Springs, requested Palm Springs consider continuation in the
Trauma Intervention Program (TIP) with other Valley members.
Suzanne Ducleett, Palm Springs, stated that the policy for notification of neighboring
property owners to possible projects needs to be reviewed; and that the Planning
Commission also needs to review its policy for public comments.
Leslie Pricer, Palm Springs, submitted letter to Council, copy on file in Office of the City
Clerk and added that there are concerns regarding opening of Francis Road to North
Indian Canyon that Council should address.
APPROVAL OF CONSENT AGENDA:
It was moved by Mills, seconded by Pougnet and unanimously carried, that Items
1 thru 12, excluding 7, 11 and 12 be adopted.
Review by City Manager of Consent Items to be clarified.
1. Approval of Minutes March 31, 31, April 12 and 14, 2004.
2. MO 7489 approving settlement agreement with Michael Calhoun concerning an
October 5, 2001 injury to plaintiff. A4888.
3. MO 7490 approving settlement agreement with Barbara and Michael Flanagan
concerning a December 12, 2000 injury to plaintiff. A4889.
4. MO 7491 approving settlement agreement with Jose Vasconez for various Code
Violations for property located at 1990 Mark Leslie Drive. A4890.
5. MO 7492 approving Amendment 5 to A4487 with VSA Airports for engineering
services related to the airport vehicle parking lot and security improvements for
$225,000. Total contract $3,267,600.
6. Res 20946 approving a summary vacation of a public sewer easement within
Tentative Parcel Map 18352, Section 20. T4S, RSE.
7. SEE EXTENDED CONSENT AGENDA
8. MO 7493 directing each department, board or commission which has a Conflict
of Interest Code to review its code for changes and to submit the amended code
in accordance with provisions of the Government Code to the City Council.
9. MO 7494 approving agreement with B E McMurray Construction for the
construction of a General Aviation Processing (GAP) located at the Palm Springs
Airport, for $396,000. A4891.
Council Minutes
06-02-04, Page 3
10. MO 7495 approving Amendment 6 to A4372 with PacWest Inc for an additional
term of one year to June 30, 2005; and decreasing the contract amount by
$6,249.12 for a total of$908,288.58.
11. SEE EXTENDED CONSENT AGENDA
12, SEE EXTENDED CONSENT AGENDA
EXTENDED CONSENT AGENDA:
7. CASE 5.0899 — PDD 271 —TTM 30050 — MSA CONSULTING
Councilmember Mills declared Conflict of Interest due to business client and
exited the Chamber.
Recommendation: That the Council approve a one-year time extension from
June 19, 2004 to June 19, 2005 for PDD 271, TTM 30050, Case 5.0899 with
MSA Consulting, Palm Canyon LLC, for 29.54 acres located at the northeast
corner of South Palm Canyon Drive and Acanto Drive, R-1-13, W-R-1-B, SP-1A,
Section 35.
Director of Planning & Zoning reviewed the staff report.
Resolution 20947 as recommended was presented; after which, it was moved by
McCulloch, seconded by Pougnet and unanimously carried, Mills absent, that
R20947 be adopted.
Councilmember Mills reentered the Chamber.
11. TTM 27680— LAS PALMAS HEIGHTS
Recommendation: That the Council approve assignment and assumption and
substitution of bonds for Tentative Tract Map 27680, A4743 from Palm Mountain
to Las Palmas Heights for property located at 755 Vista Chino Road West.
Resolution 20948 as recommended was presented; after which, it was moved by
Pougnet, seconded by Mills and unanimously carried, that R20948 be adopted.
12. CITY EMPLOYEE LABOR NEGOTIATIONS — RENEE MAYNE
Recommendation: That the Council approves Amendment 1 to agreement with
Renee Mayne for labor negotiation services for $25,000. A4884.
City Manager withdrew the item and added that the item would be rescheduled
for June 16, 2004.
PUBLIC HEARINGS:
13. FISCAL YEAR 2004-05 BUDGET
Recommendation: That the Council considers the 2004-05 Fiscal Year budget
and hold Hearing thereon. Materials to be provided.
Council Minutes
06-02-04, Page 4
Director of Finance & Treasurer reviewed the staff report; and requested the final
action be continued to June 9, 2004.
Mayor declared the Hearing open.
John Stiles, Budget Task Force Chairman, stated that if the City continues on its
current spending trend, the City will be bankrupt in 7 — 8 years; that there are
continued use of financial band aids and that structural changes are necessary to
place the City in financial stead; and recommended that a task force be
established to review the possibility of an Admissions Tax and a Public Safety
Tax.
Diane Ross, Palm Springs, stated that the Budget Task Force put many televised
hours in on its considerations and no televised hours in preparation; that the
recommendations of the Budget Task Force should be supported; and that the
Take Home Vehicle Policy of the City should be rescinded and that action alone
would save about $400,000 to the General Fund each year.
Sharon Lock, Palm Springs, stated that employee benefits are a runaway train;
that the entire benefits plan needs restructuring; and that there are additional
concerns for unfair compensation to some employees.
There being no further appearances, the Hearing was closed.
Motion to continue the item to June 9, 2004 as recommended was presented;
after which, it was moved by Mills, seconded by McCulloch and unanimously
carried that the Motion 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:
14, CITYWIDE LANDSCAPING & LIGHTING DISTRICTS FISCAL YEAR 2004-05
Recommendation: That the Council preliminarily approve and file the Engineer's
Reports for Street lighting Maintenance Districts 1 —4 and Parkway Maintenance
Districts 6A, 6B, 6C and 7 — 10; approve Resolutions of Intent to levy and collect
assessments within Street light Maintenance District 3 and Parkway Maintenance
Districts 6A, 7, 9 and 10 and setting the Public Hearing date on July 21, 2004;
and approve Resolutions of Intent to conduct property owner balloting for
increased assessments for Street Lighting Maintenance Districts 1, 2 and 4 and
Parkway Maintenance Districts 613, 6C and 8 and setting Public Hearing date on
July 21, 2004.
Director of Public Works/City Engineer reviewed the staff report.
Council Minutes
06-02-04, Page 5
Resolutions 20949 through 20970 (22) as recommended was presented; after
which, it was moved by Mills, seconded by Pougnet and unanimously carried,
that R20949— R20970 be adopted.
15. MERGE REDEVELOPMENT PLAN PROJECT AREA 2
ORDINANCE FOR INTRODUCTION & FIRST READING
Councilmember Mills declared Conflict of Interest due to property ownership and
exited the Chamber.
Recommendation: That the Council approve the Negative Declaration and
amend the Merged Redevelopment Plan for Merged Redevelopment Project
Area 2 (Tahquitz-Andreas Eminent Domain Amendment).
Director of Community & Economic Development reviewed the staff report.
Resolution 20971 as recommended was presented; after which, it was moved by
Pougnet, seconded by McCulloch and unanimously carried, Mills absent, that
R20971 be adopted.
Resolution 20972 as recommended was presented; after which, it was moved by
Pougnet, seconded by McCulloch and unanimously carried, Mills absent, that
R20972 be adopted.
City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE MERGED REDEVELOPMENT PLAN FOR THE MERGED
REDEVELOPMENT PROJECT NO. 2 AREA (TAHQUITZ-ANDREAS EMINENT
DOMAIN AMENDMENT)
after which, it was moved by Pougnet, seconded by McCulloch and unanimously
carried, Mills absent, that further reading be waived and the Ordinance be
introduced for first reading.
Councilmember Mills reentered the Chamber.
16. Not Used
ADDITIONAL LEGISLATIVE ITEMS:
17A. JENQUEST DBA INSURANCE DATA SERVICES
Recommendation: That the Council approve contracting with JenQuest Inc dba
Insurance Data Services in an amount not to exceed $22,080 for a period of one
year to provide insurance and bond monitoring services and a onetime set-up fee
of$3,250-$4,440. A----
Director of Procurement reviewed the staff report.
Assistant City Manager added that after the initial contract and initial set up
costs; the contract price would drop to $17,000 — $18,000 per year thereafter.
City Manager withdrew the item.
Council Minutes
06-02-04, Page 6
17B. ASSEMBLY BILL 3007 (AB3007)
Recommendation: That the Council oppose AB3007 and authorize the Mayor to
send a letter to state legislators opposing the passage of AB3007.
Assistant City Manager reviewed the staff report.
Minute Order 7496 as recommended was presented; after which, it was moved
by Mills, seconded by McCulloch and unanimously carried, that M07496 be
adopted.
ADDED STARTERS: None.
REPORTS & REQUESTS:
Councilmember Foat stated the odor from the trash receptacles at the downtown parking
structure is offensive and requested staff to investigate the situation.
Councilmember Pougnet requested an update on the status of Sunrise Norte.
CITY COUNCIL reports or requests
18. Tribal Planning Commission appointment
19. BOARD/COMMISSION APPOINTMENTS
Administrative Appeals - 3
Airport - 3
Historic Site -4
Human Rights - 3
Library - 2
Parks & Rec - 3
Personnel - 1
Planning - 2
Public Arts - 2
Rent - 3
Villagefest - 3
Motion to reappoint Richard Cadarette and Joseph Aguanno, incumbents for
Human Rights Commission was presented; after which, it was moved by
Pougnet, seconded by McCulloch and unanimously carried that the Motion be
approved. This item was continued to June 9, 2004 for further discussion.
PUBLIC reports or requests
STAFF reports or requests
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JUNE 9, 2004
An Adjourned 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, June 9, 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 a Moment of Silence.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on June 4, 2004.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 4 of agenda this date.
PRESENTATIONS: Introduction of Chris Benz, African-American Coachella Valley
Chamber of Commerce
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
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:
Jim Jones, Palm Springs, stated that if budget problems continue a new restructing is
needed with the staffing or the deficit will never be solved; that this is not a problem
unique to Palm Springs; that the County is addressing the budget issues through
evaluation of the Sheriffs benefits; that the evaluation does not mean that one is anti-
safety, but rather that the citizens can not continue to foot the bill for pensions that are
not morally right.
Cooke Burger, Palm Springs, stated that in three weeks petitions have been gathered
containing 3,500 signatures; that the petitions request that the citizens be allowed to
vote regarding Section 14; that it is the residents that should be making the decisions on
Section 14 and that the City should not be subsidizing Section 14 when cuts are
proposed with the City's safety departments.
Reverend Hank Bates, requested Council intervention regarding signage for a small
space rented in the Amado Center for lectures.
Council Minutes
06-09-04, Page 2
Sergio Santo, Coachella Valley Taxi Owner Association, stated that the advertising
contracts have been prepared with standard language regarding the signage on taxis;
that the goal has been trying to accommodate the City with its concerns; and that the
advertising currently ran by Sunline regarding CNG is being filed against by the Taxi
Owners Association.
Frank Tysen, Palm Springs, stated that Section 14 is an example of bad planning in the
City; that there are residential sites adjacent to commercial sites; that the Section will
end up looking like Orange County; and that with all the problems surfacing throughout
the City some type of compromise needs to be found.
Mike Kovaloff, President PSPOA, urged the Council to adopt the budget without cuts to
public safety; that should the cuts be made, the citizens of the Community will be placed
in a less safe City.
CONSENT AGENDA: None
PUBLIC HEARINGS: None
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:
1. 2004-05 FISCAL YEAR BUDGET ADOPTION
Recommendation: That the Council adopt the 2004-05 Fiscal Year Budget.
Materials to be provided.
Director of Finance & Treasurer reviewed the staff report.
Resolution 20973 as recommended was presented; after which, it was moved by
McCulloch, seconded by Mills and carried by the following vote that R20973 be
adopted.
AYES: Members McCulloch, Mills and Mayor Oden
NO: Members Foat and Pougnet
2. 2004-05 ALLOCATED POSITIONS AND COMPENSATION PLAN
Recommendation: That the Council adopt the Fiscal Year 2004-05 Allocated
Positions and Compensation Plan. Materials to be provided.
Director of Human Resources reviewed the staff report.
Resolution 20974 as recommended was presented; after which, it was moved by
McCulloch, seconded by Mills and carried by the following vote that R20974 be
adopted.
Council Minutes
06-09-04, Page 3
AYES: Members McCulloch, Mills and Mayor Oden
NO: Members Foat and Pougnet
3. SPECIAL MUNICIPAL ELECTION - NOVEMBER 2, 2004
Recommendation: That the Council consider calling a Special Election to be
consolidated with the General Election on November 2, 2004 for placement of a
citizen initiated referendum related to Section 14; and give direction to the City
Attorney to develop Ballot language for possible revenue enhancement taxing
measures.
City Clerk reviewed the staff report.
Resolution 20975 as recommended was presented; after which, it was moved by
Mills, seconded by Pougnet and unanimously carried, that R20975 be adopted.
Motion to direct the City Attorney to prepare ballot language relating to an
admissions tax was presented; after which, it was moved by Foat, seconded by
Mills and carried by the following vote that the Motion be adopted.
AYES: Members Foat, Mills and Mayor Oden
NO: Members McCulloch and Pougnet.
ADDITIONAL LEGISLATIVE ITEMS: None
ADDED STARTERS:
Motion to add the following item for consideration due to the need arising subsequent to
the posting of the agenda was presented; after which, it was moved by Mills, seconded
by Pougnet and unanimously carried that the Motion be adopted.
AS1. DECLARATION OF, JUNE 11, 2004, A DAY OF REMEMBRANCE FOR THE
LIFE OF PRESIDENT RONALD REGAN
Recommendation: That the City Council declare Friday, June 11, 2004, as Day
of Remembrance for the Life of President Ronald Regan.
Assistant City Manager reviewed the staff report.
Resolution 20976 as recommended was presented; after which, it was moved by
McCulloch, seconded by Mills and unanimously carried, that R20976 be adopted.
REPORTS & REQUESTS:
4. BOARD/COMMISSION APPOINTMENTS
Human Rights Maile Klein
Planning set up interviews with
Leo Cohen, Jerry Grence & Marshall Roath
Public Arts Gundrun Fruehling & Michael Stern
Personnel W. Daniel Borgstadt
Villagefest - Jewelers Jacci Tutuajian to continue
Council Minutes
06-09-04, Page 4
VillageFest Board directed to review designated membership, and provide
recommendation to City Council.
CITY COUNCIL reports or requests
Councilmember Mills requested a Board and Commission selection procedure
discussion be set up prior to the review and selection process that begins in January
2005.
Councilmember McCulloch requested revenue enhancement information be placed on
the City's website.
Mayor Oden requested investigation of code enforcement issues at the Greyhound Bus
Depot, and the offensive odors from trash receptacles and litter along the sidewalks in
the downtown area and Sunline bus stops.
PUBLIC reports or requests
STAFF reports or requests
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JUNE 16, 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, June 16, 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 Reverend
Richard Drasen — Palm Springs Church for Today.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on June 11, 2004.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 7 of agenda this date.
PRESENTATIONS: None
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
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:
Harold Stone, Palm Springs, stated that the Airport has been receiving rent from the City
for land located at the Wastewater Treatment Plant; that the land at the Plant belongs to
the City not the airport; that the FAA has been contacted regarding the issue and
resolution should be forthcoming.
Cheryl Schmit, Director of Stand Up For California, stated that Palm Springs has the only
urban located casino; that the Tribe should be working with the City to offset the impacts
of gaming and that the State is negotiating new compacts with all California Tribes
except those of Riverside County,
John Hansen, Palm Springs, stated that between Indian ambitions and developers the
real people of Palm Springs are being squeezed out and that the Council needs to be
aware of the situation.
Tracy Conrad, Palm Springs, requested support of Item 15 for reconsideration and
approval.
Harold J. Meyerman, Palm Springs, requested support of Item 15.
Ralph Hitchcock, Palm Springs, requested support of Item 15.
Ernest Vincent, Palm Springs, stated availability for questions regarding Item 15.
Council Minutes
06-16-04, Page 2
Mellika Albert, Palm Springs, stated that managed growth is needed in Palm Springs.
That there is a dangerous precedence being set with the amount of residential property
being built; and that not only the wildlife is at stake, but the water supply.
Frank Tysen, Palm Springs, stated that if the character of Palm Springs is not protected,
tourism will be lost; and that the Palm Hills project should be taken to a vote of the
people.
APPROVAL OF CONSENT AGENDA:
It was moved by Mills, seconded by Pougnet and unanimously carried, that Items
1 thru 8, be adopted.
Review by City Manager of Consent Items to be clarified.
1. MO 7497 approving Amendment 3 to A4577 with Turner Construction for the
Convention Center Expansion to add a one-month term and reduce the fee
portion of compensation by $125,000.
2. MO 7498 approving purchase and installation from Blue's Aviation Service for an
aircraft engine and related components for a city-owned fixed-wing aircraft
utilized by the Police Aero Squadron for $34,842.24.
3. MO 7499 approving agreement with Tettemer & Associates for the Palm Canyon
Wash and Tahquitz Creek floodwalls for $70,870. CP90-06. A4896.
4. MO 7500 approving Amendment 2 to A3990 with Palm Desert National Bank for
automated teller machine supply and servicing at the Palm Springs International
Airport for a term of three months.
5. MO 7501 approving settlement agreement with Marlene and William Byrne
concerning a July 16, 2002 injury. A4897.
6. MO 7502 approving AB 2766 Memorandum of Understanding with the Coachella
Valley Association of Governments. A4898. Materials to be provided.
7. MO 7503 approving Amendment 1 to A4884 with Renee Mayne for labor
negotiation services for $25,000, term to January 3, 2005. Total contract
$50,000.
8. Res 20977, 20978, 20979 and 20980 approving Payroll Warrants and Claims &
Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Mills 996962 Animal Medical Hospital Business Related
Mills 996963 Animal Medical Hospital Business Related
EXTENDED CONSENT AGENDA: None
Council Minutes
06-16-04, Page 3
PUBLIC HEARINGS:
9. SEWER SERVICE CHARGES — FISCAL YEAR 2004-05
Recommendation: That the Council approve placement of sewer service
charges for fiscal year ending June 30, 2005 to be collected on the Riverside
County property tax rolls.
Director of Finance & Treasurer reviewed the staff report.
Mayor declared the Hearing open.
Dana Stewart, Palm Springs, questioned the advantage of placement of the
charges on the tax rolls; and added that the City is under seize over water.
There being no further appearances, the Hearing was closed.
Resolution 20985 as recommended was presented; after which, it was moved by
Mills, seconded by McCulloch and unanimously carried, that R20985 be adopted.
10. CASE 5.0826, PD 258, TTM 29100, TPM 29101, PALM HILLS DEVELOPMENT
AGREEMENT
Recommendation: That the Council approve Case 5.0826, Planned
Development District 258, Tentative Master Parcel Map 29101, Tentative Tract
Map 29100, Palm Hills Specific Plan, General Plan Text Amendments; certify the
Final Environmental Impact Report for 1,204 acres located in the foothills of the
Santa Rosa Mountains, south of East Palm Canyon Drive, north of Murray Hill.
Zone U-R, Section 31 and 32, T4S, RSE, SBBM. Applicant: Palm Hills Land
Corporation. 1601 Notices Mailed. A----
Director of Planning & Zoning reviewed staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open.
The following persons spoke in support of Item 10:
Bob Evans, Palm Springs
Jon Gordon, Palm Springs
Michael Peroni, Palm Springs
Dr. Jack Turner, Huntsville, Texas
Tamar Stein, Esq., Los Angeles
Paul Krausman, University of Arizona
Council Minutes
06-16-04, Page 4
The following persons spoke in opposition to Item 10:
Pete Sorensen, US Fish & Game
Jeremy Groom, US Fish & Wildlife
Charles Miller, Palm Springs
Jim DeForge, Palm Desert
Esther Rubin, Valley Center
Wayne Brechtel, Esq., Solana Beach
Joan Taylor, Sierra Club, Palm Springs
Paula Auburn, Palm Springs
Bob Dillingham, Palm Springs
Alexandra Sheldon, Palm Springs
Aimee Byard, Palm Desert
Scott Scott, no address given
Scott Cole, no address given
Joan Martin, Palm Springs
There being no further appearances, the Hearing was closed.
Motion to continue the item to July 7, 2004 was presented; after which, it was
moved by Foat, seconded by Pougnet and carried by the following vote that the
Item be continued.
AYES: Members Foat, Mills, Pougnet and Mayor Oden
NO: Member McCulloch
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:
11. CITY INSURANCE RENEWALS
Recommendation: That the Council approve renewals for various insurance
coverage for City owned property. Materials to be provided.
Director of Human Resources reviewed the staff report.
Resolution 20981 and Minute Order 7504 (Option 1) as recommended were
presented; after which, it was moved by Pougnet, seconded by Mills and
unanimously carried, that R20981 be adopted.
12. ORDINANCE FOR SECOND READING &ADOPTION (INTRO 6-2-04)
TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT
Councilmember Mills declared Conflict of Interest due to property ownership and
exited the Chamber.
Council Minutes
06-16-04, Page 5
City Clerk read Title of Ordinance 1656 as follow:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE MERGED REDEVELOPMENT PLAN FOR THE MERGED
REDEVELOPMENT PROJECT NO 2 (TAHQUITZ ANDREAS EMINENT
DOMAIN AMENDMENT)
After which, it was moved by Foat, seconded by McCulloch and unanimously
carried, Mills absent, that further reading be waived and Ordinance 1656 be
adopted.
Councilmember Mills reentered the Chamber.
13, STUDY SESSION DOCKET
Recommendation: That the Council give direction regarding upcoming schedule
of Study Session discussions. (No quorum June 23; Status of no scheduled
meeting of June 30, 2004 to be decided.) Materials to be provided.
City Manager reviewed the upcoming schedule for Study Sessions and
recommended that the meeting be continued to June 30, 2004.
Consensus of Council to continue the Meeting to the June 30, 2004 study
session to include discussion for proposed ballot initiatives for the November
2004 election and during the week of July 12`h the Council shall hold a Visioning
Session(s); and that the two study sessions scheduled in July 2004 shall include
the parking program; the City boards and commissions appointment process; the
taxi cab franchising; and the specific plan for Chino Cove.
14. COUNCILMEMBER HANDBOOK— RULES OF PROCEDURE
Recommendation: That the Council amend the Councilmember Handbook Rules
of Procedure 7.5 Reconsideration to add language to permit reconsideration at a
subsequent meeting.
City Attorney reviewed the staff report.
Resolution 20982 as recommended was presented; after which, it was moved by
McCulloch, seconded by Foat and unanimously carried, that R20982 be adopted.
15. ASSESSMENT DISTRICT 162 — IRONWOOD HOMES DBA PALM SPRINGS
MODERN HOMES
Councilmember Pougnet declared Conflict of Interest due to property ownership
and exited the Chamber.
Motion to reconsider the previous action of denial was presented; after which, it
was moved by Foat, seconded by Mills and carried by the following vote that the
item be reconsidered.
Council Minutes
06-16-04, Page 6
AYES: Members Foat, McCulloch and Mills
NO: Mayor Oden
ABSENT: Member Pougnet
Recommendation: That the Council reconsider approval of the application for the
processing of the formation of Assessment District 162, by Ironwood Homes dba
Palm Springs Modern Homes and allow the formation of Assessment District 162
to proceed with an initial bond amount less than $2 million minimum established
by the City's Policies and Procedures for Special Assessment and Mello-Roos
Community Facility District (CFD) Municipal Bond Financing for Public
Improvements for Development Projects or denial of the application for further
processing of the formation of Assessment District 162.
Director of Public Works/City Engineer reviewed the staff report.
Resolution 20983 as recommended was presented; after which, it was moved by
Foat, seconded by McCulloch and unanimously carried, that R20983 be adopted.
AYES: Members Foat, McCulloch and Mills
NO: Mayor Oden
ABSENT: Member Pougnet
Councilmember Pougnet reentered the Chamber.
16. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirement;
materials provided at meeting).
Councilmember Pougnet declared Conflict of Interest due to property interest and
exited the Chamber.
A. FINAL MAP 28966
Recommendation: That the Council approve an Assignment and Assumption of
Subdivision Improvement Agreement between Preserve Golf Company LLC, and
Calise Development LLC; authorize the release of original securities from
Preserve Golf Company; and approve replacement securities from Calise
Development LLC. A4814.
City Engineer reviewed the staff report.
Resolution 20984 as recommended was presented; after which, it was moved by
Mills, seconded by McCulloch and unanimously carried, that R20984 be adopted.
AYES: Members Foat, McCulloch, Mills and Mayor Oden
NO: None
ABSENT: Member Pougnet
ADDED STARTERS: None
Council Minutes
06-16-04, Page 7
REPORTS & REQUESTS:
Mayor Oden requested a joint meeting with Desert Regional Hospital Board members be
scheduled.
Councilmember Pougnet requested a discussion relating to the zoning use for churches
be scheduled at a future study session; and for a report relating to the amount of time
spent waiting for emergency services at Desert Regional Hospital, and that the Planning
and Airport Commissions consider renaming Airport Road to Kirk Douglas Road to honor
Mr. Douglas.
CITY COUNCIL reports or requests
17. Treasurer's Investment Report of April 30, 2004— received and filed.
18, Planning Commission Appointments (2)—Term 6-30-07
Current members continue to serve.
PUBLIC reports or requests None
STAFF reports or requests None
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JULY 7, 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, July 7, 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 Ozzie
Perez- Brush Fire Ministries.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on July 2, 2004.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 8 of agenda this date.
PRESENTATIONS: Swear-in Fire Chief Goetz
Bary Freet— Fire Chief, Proclamation
Rev. Andrew Green, Certificate of Appreciation
Ms. Elizabeth Fausto, Certificate of Appreciation
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
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:
The following persons spoke in opposition to Item 16:
Jane Smith, Palm Springs
Frank Tysen, Palm Springs
Marsha Delano, no address given
Charles Sachs, Palm Springs
Mallika Albert, Palm Springs
Nicki McLaughlin, Palm Springs
Dana Stewart, no address given
Maile Klein, Palm Springs, stated that the fireworks set off at 3 a.m. was inconsiderate of
the neighbors; that the 911 lines were overloaded; and that the City should have taken a
pass for the 15 minutes of fame.
Dr. Henry Richter, no address given, stated a letter had been sent to the Council over
two weeks ago expressing concerns over the problems with the dispatch radios and the
need for upgrade or replacement.
Council Minutes
07-07-04, Page 2
Jim Stuart, Palm Springs, stated that the City is saddling the last developer with all of the
costs for installation of medians and therefore needs to review that policy; that a task
force should be appointed to discuss the consolidation of Desert Hot Springs, Cathedral
City and Palm Springs Regional Safety Services; and that a parcel safety tax could be
taken to the voters for consideration.
Joan Martin, Palm Springs, stated that medians seem to be encouraged by the City but
in her opinion are dangerous; and that if the City does recommend using medians, they
should only be installed to discourage left turns.
APPROVAL OF CONSENT AGENDA:
It was moved by Mills, seconded by Pougnet and unanimously carried, that Items
1 thru 12, excluding 8 and 11, be adopted.
Review by City Manager of Consent Items to be clarified.
1. Approval of Minutes May 5 and 26, 2004.
2. MO 7509 authorizing letter in opposition to SB 1477 (SHER) regarding Water
Quality. Wetlands.
3. Res 20986 approving Final Map 31328, prepared by Hacker Engineering,
representing Palm Springs Gardens to subdivide property located at 1050 East
Baristo Road, Section 14, T4S, R4E. A4914. McCulloch abstain due to business
client.
4. Res 20987 approving time extension of Tentative Tract Map 28495, Tuscany
Heights, for one year from May 1, 2004 to May 1, 2005 for the subdivision of 7.87
acres into 15 single family residential lots and a detention basin, located south of
Racquet Club Road, West of Milo Drive, Zone R-1-13, Section 3, subject to
conditions.
5. MO 7510 approving Change Order 3 to A4747 with G & M Construction for
Desert Fashion Plaza Street Improvements, for $13,000. Total contract
$346,141. CP03-05.
6. Res 20988 supporting request to Governor to acquire appropriate funding for
more judicial officers in Riverside and San Bernardino Counties.
7. MO 7511 authorizing the City Manager to lock in fixed pricing favorable to the
City as a result of monitoring the natural gas market on a day-to-day basis with a
term of 12 months beginning September 1, 2004.
8. SEE EXTENDED CONSENT AGENDA
9. Not Used.
Council Minutes
07-07-04, Page 3
10. MO 7512 approving contract with Riverside County Pest Control for pest
extermination and contractual services at various City owned buildings for a
three-year period with options of two 1-year extensions. Contract total $6,352
per year. A4915.
11. SEE EXTENDED CONSENT AGENDA
12. Res 20989 and 20990 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Mills 997566 Animal Medical Hospital Business Related
Mills 997567 Animal Medical Hospital Business Related
EXTENDED CONSENT AGENDA:
8. CITYWIDE PALM TRIMMING & SEED POD REMOVAL
Recommendation: That the Council award contract with Desert View Tree
Service on a unit price basis of $18 per palm tree for removal of seedpods and
fronds for$53,604. A4916.
City Manager reviewed the staff report.
Minute Order 7513 as recommended was presented; after which, it was moved
by Foat, seconded by Mills and unanimously carried, that MO7513 be adopted.
11. BUXTON COMPANY DOWNTOWN POTENTIAL RETAIL STUDY
Recommendation: That the Council approve a contract with Buxton Company for
a retail potential study for the downtown area, encompassing demographic and
psychographics analyses for $75,000. A4917.
City Manager reviewed staff report.
Minute Order 7514 as recommended was presented; after which, it was moved
by Mills, seconded by Foat and unanimously carried, that MO7514 be adopted.
PUBLIC HEARINGS:
13. CASE 5.0931-B — PD279 —TTM32028 — CENTURY VINTAGE HOMES
Recommendation: That the Council approve the mitigated negative declaration
and mitigation monitoring program; Planned Development District 279 for the
construction of 196 single-family residential units with associated on and off-site
improvements; Tentative Tract Map 32028 for the property located at the
northeast corner of the intersection of Gateway Drive and State Highway 111 and
southeast of the Chino Canyon levee, Zone R-1-C, Section 33.
Council Minutes
07-07-04, Page 4
Director of Planning & Zoning reviewed the staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open.
The following persons spoke in opposition of the project:
Frank Tysen, Palm Springs
J. R. Roberts, Palm Springs
Dana Stewart, Palm Springs
Charles Sealak, no address given
The following persons spoke in support of the project:
Carlos Cueva, Palm Springs
Betty Williams, no address given
Marty Butler, Century Homes
Woman, Palm Springs
Tonie Beckley, Palm Springs
There being no further appearances, Mayor declared the Hearing closed.
Resolution 20991 as revised to include additional landscaping in the flood control
area was presented; after which, it was moved by Foat, seconded by Pougnet
and unanimously carried, that R20991 be adopted.
14. CASE 5.0994— PD293 — LIBERTY ESCROW
Councilmember Mills declared Conflict of Interest due to business client and
exited the Chamber.
Recommendation: That the Council approve Case 5.0994, Planned
Development District 293 for the construction of a one story professional office
complex on a 0.9 acre site, located at 200 North Sunrise Way. Zone R-2,
Section 13. Mills abstain, Pougnet no
Director of Planning and Zoning reviewed the staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open.
The following person was opposed to approval:
Howard Martune, Palm Springs
The following persons spoke in support of the project:
Larry Schaeffer, Liberty Escrow
Marvin Roos, Architect
Blake Goetz, Palm Springs
There being no further appearances, the Hearing was closed.
Council Minutes
07-07-04, Page 5
Motion to eliminate the condition concerning the median and require the
applicant to pay up to $150,000 toward the undergrounding of utilities was moved
by Foat and died due to a lack of second.
Motion to send the item back to the Planning Commission for reevaluation of rear
setbacks was moved by Foat and died due to a lack of second.
Resolution 20992 as revised for applicant to cover up to $150,000 in
undergrounding of utilities for adjacent neighbors, with neighbors responsible for
any excess amount was presented; after which, it was moved by Foat, seconded
by and carried by the following vote that R20992 be adopted.
AYES: Members Foat, McCulloch and Mayor Oden
NO: Member Pougnet
ABSENT: Member Mills
Councilmember Mills reentered the Chamber.
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:
15. DREAM HOMES SEWER SERVICE
Recommendation: That the Council authorize extension of sewer service to the
Dream Homes properties located in the City of Cathedral City adjacent to the
Palm Springs City limits, north of Ramon Road and east of Gene Autry Trail;
further authorize receipt and approval of an Engineering Study outlining the
requirements for sewer mains, lift stations and affects on the Treatment Plant
capacity and operation; authorize a Memorandum of Understanding with the City
of Cathedral City regarding responsibilities; and approve connection fees to be
that as authorized for properties within the City limits at $2,408 per connection
unit.
City Manager withdrew the item.
16, CASE 5.0826, PD 258, TTM 29100, TPM 29101, PALM HILLS DEVELOPMENT
AGREEMENT
On June 16, 2004, Council continued consideration of approval of Case 5.0826,
Planned Development District 258, Tentative Master Parcel Map 29101,
Tentative Tract Map 29100, Palm Hills Specific Plan, General Plan Text
Amendments; certifying the Final Environmental Impact Report for 1,204 acres
located in the foothills of the Santa Rosa Mountains, south of East Palm Canyon
Drive, north of Murray Hill. Zone U-R, Section 31 and 32, T4S, R5E, SBBM.
Applicant: Palm Hills Land Corporation. A4918.
Council Minutes
07-07-04, Page 6
Director of Strategic Planning reviewed the staff report.
Motion to delay consideration until the March, 2005 election was moved by Foat
and died due to a lack of second.
Resolution 20993 (EIR); Resolution 20994 (GPA); Resolution 20995 (SP);
Resolution 20996 (PDD) as recommended were presented; after which, it was
moved by Mills, seconded by Pougnet and carried by the following vote that
R20993, R20994, R20995, R20996 be adopted.
AYES: Members McCulloch, Mills, Pougnet and Mayor Oden
NO: Member Foat
City Clerk read Title of Ordinances as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM
U-R TO PD 255, FOR THE PROPERTY LOCATED SOUTH OF EAST PALM
CANYON DRIVE, WEST OF PALM HILLS DRIVE/BROADMOOR DRIVE IN THE
SANTA ROSA MOUNTAINS, ZONE U-R, SECTION 31 AND 32, T4S, RSE,
SBBM
and
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH PALM
HILLS LAND CORPORATION FOR THE PALM HILL SPECIFIC PLAN
LOCATED SOUTH OF EAST PALM CANYON DRIVE AND WEST OF PALM
HILLS DRIVE/BROADMOOR DRIVE IN THE SANTA ROSA MOUNTAINS,
ZONE U-R, SECTION 31 AND 32, T4S, RSE, SBBM
after which, it was moved by Mills, seconded by Pougnet and unanimously
carried that further reading be waived; and it was further moved by Mills,
seconded by Pougnet and carried by the following vote that the Ordinance be
introduced for first reading.
AYES: Members McCulloch, Mills, Pougnet and Mayor Oden
NO: Member Foat
17. 2003-04 CONTINUING APPROPRIATIONS
Recommendation: That the Council authorize the continuation of appropriations
from fiscal year 2003-04 budget for projects not completed.
Director of Finance & Treasurer reviewed the staff report.
Resolution 20997 as revised to include Human Rights Commission balance was
presented; after which, it was moved by Pougnet, seconded by Foat and
unanimously carried, that R20997 be adopted.
Council Minutes
07-07-04, Page 7
18. COMPREHENSIVE FEE SCHEDULE AMENDMENT— BUSINESS LICENSE
Recommendation: That the Council amend the Comprehensive Fee Schedule to
add a new fee for the administrative costs of Business License issuance at the
rate of $25 for new licenses and $15 for renewed licenses, including licenses for
tax-exempt organizations.
No staff report was given.
Resolution 20999 as recommended was presented; after which, it was moved by
Mills, seconded by Foat and unanimously carried, that R20999 be adopted.
19. FISCAL YEAR 2004-05 ALLOCATED POSITIONS AND COMPENSATION
PLAN AMENDMENT 1 — POLICE DEPARTMENT
Recommendation: That the Council approve Amendment 1 to the 2004-05
Allocated Positions and Compensation Plan, R20974, authorizing the deletion of
one Family Intervention Police Officer position and the addition of one Family
Intervention Officer civilian position.
City Manager reviewed the staff report.
Resolution 21000 as recommended was presented; after which, it was moved by
Mills, seconded by Foat and unanimously carried, that R21000 be adopted.
20. INDIAN GAMING SPECIAL DISTRIBUTION FUND
2004-05 FISCAL YEAR BUDGET AMENDMENT
Recommendation: That the Council establish a new fund, Indian Gaming Special
Distribution Fund for the purposes of accounting for the total of $897,062
allocated to the City of Palm Springs for Fiscal Year 2004-05 and authorize the
Director of Finance and Treasurer to transfer necessary revenue and expenses
between the various funds involved.
Director of Finance & Treasurer reviewed the staff report.
Resolutions 21001 to 21006 (6) as recommended were presented; after which, it
was moved by Mills, seconded by McCulloch and unanimously carried, that
R21001 —21006 be adopted.
21. 2004-05 FISCAL YEAR BUDGET AMENDMENT—TIPPING FEE
Recommendation: That the Council approve an amendment to the 2004-05
fiscal year to offset the increase in County Solid Waste Tipping Fees at Edom
Hills Landfill for$40,000.
No report was given.
Resolution 21007 as recommended was presented; after which, it was moved by
Foat, seconded by Mills and unanimously carried, that R21007 be adopted.
Council Minutes
07-07-04, Page 8
22. WYNDHAM LAND LEASE ASSIGNMENT
Recommendation: That the Council approve an assumption and assignment of
lease All IC with AP/APH Palm Springs to Capital Lodging Palm Springs for
land lease property located at the Wyndham Hotel.
Director of Finance & Treasurer reviewed the staff report.
Minute Order 7515 as recommended was presented; after which, it was moved
by Foat, seconded by Pougnet and unanimously carried, that MO7515 be
adopted.
ADDITIONAL LEGISLATIVE ITEMS:
23A. BUILDING INSPECTION CONSULTANT SERVICES
Recommendation: That the Council approve Amendment 1 to A4886 with
Berryman & Henigar, for six-month extension of temporary building inspection
services, for an estimated cost of$80,000.
No report was given.
Minute Order 7516 as recommended was presented; after which, it was moved
by Mills, seconded by Pougnet and unanimously carried, that MO7516 be
adopted.
23B. USER FEE STUDY AND OVERHEAD COST ALLOCATION SERVICES
Recommendation: That the Council approve agreement with MuniFinancial, to
prepare a User Fee Study and Overhead Cost Allocation Plan for the City's non-
development departments, in an amount not to exceed $24,000. A4919.
No report was given.
Resolution 20998 and Minute Order 7517 as recommended were presented;
after which, it was moved by Mills, seconded by Pougnet and unanimously
carried, that R20998 and MO7517 be adopted.
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
Councilmember Foat requested a report on the timeline for Early Voting for the July 21,
2004 agenda.
Councilmember McCulloch requested the policies on Median Islands and the
Undergrounding of Utilities.
Mayor Oden requested a final accounting cost for the July 4th event.
Council Minutes
07-07-04, Page 9
24. Received & Filed: Time Warner Cable letter agreement
25. Villagefest appointments/interviews — Direction to the City Clerk concerning the
appointments and/or interviews to the Villagefest Board for three openings 2 —
retail and 1 —jeweler, Terms ending 6-30-07. — Item to be continued to 7-21-04.
26. Planning Commission appointments — (2) Terms 6-30-07 — Item to be continued
to 7-21-04.
27. Received & Filed: (14) Public Nuisance Abatements Reports.
PUBLIC reports or requests
STAFF reports or requests
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JULY 21, 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, July 21, 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 Reverend
Hank L. Bates— Desert Cities Community Church of Religious Science.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on July 16, 2004.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 8 of agenda this date.
PRESENTATIONS: Swear-in Police Officer Alberto Cantu.
HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT
AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business
PUBLIC COMMENTS:
Joel Douglas, requested approval of Item 12 and read letter from Sidney Sheldon in
support of Item 12, copy on file in Office of the City Clerk.
Woman, Palm Springs, stated that the Spa Casino does not offer its employees health
benefits and that the City should be supportive of the employees.
Robert ?, Redlands, requested approval of item 26 with a multi-year contract.
Nancy Stuart, Palm Springs Tramway, reviewed a quarterly update on events and
marketing of the Tramway.
The following persons spoke in opposition to Item 21:
Dick Satland, Palm Springs
Carol Seckman, Palm Springs
The following person spoke in support of Item 21:
Jon Caffrey, Palm Springs Economic Development Corporation
APPROVAL OF CONSENT AGENDA:
It was moved by Mills, seconded by McCulloch and unanimously carried, that
Items 1 thru 15, except 1, 9, 10 and 12, be adopted.
Council Minutes
07-21-04, Page 2
Review by City Manager of Consent Items to be clarified.
1. See Extended Consent Agenda,
2. MO 7518 approving agreement with Duane Knapp, Brand Strategy, to provide
training under the `one of a kind" experience program for$30,000. A4923.
3. MO 7519 authorizing the City Manager to accept Federal Airport Improvement
Program (AIP) Grant 3-06-0181-37 up to a total of$7 million.
4. MO 7520 approving agreement with Dewey Pest Control for providing pest
extermination and control services at the Palm Springs International Airport for a
term of three years, total contract $14,040. A4924.
5. MO 7521 approving Change Order 1 to A4733 W.B. Allen Construction for
revisions and modifications related to the airport baggage area canopy for
($32,082.50). Total contract $187,664.50. Mills abstain, business related.
6. MO 7522 approving agreement with Antar-Com/Systems Integration for security
access control system (SCAS) and Publish Display System (PIDS) at the Palm
Springs International Airport for $2,496,500, subject to receipt of Federal Funding
AIP Project 3-06-0181-37, CP2003-17. A4925.
7. MO ---- approving settlement agreement of all claims related to Destination
Ramon, (Wal-Mart). A-----. Continued to 7-28-04.
8. MO 7523 approving Amendment 1 to A4862 with Keith Companies for additional
survey work at the Palm Springs Convention Center for $34,530. Total contract
$110,000.
9. See Extended Consent Agenda.
10. See Extended Consent Agenda.
11. Res 21008 approving Final Map 31887 prepared by Hunsaker and Associates
Irvine Inc, representing Baristo Group LLC for property located at 284 Cahuilla
Road, Section 15 T4S, R4E. A4927.
12. See Extended Consent Agenda.
13. MO 7524 approving Amendment 1 to A4009 with Carrier Building Services for
maintenance service for HVAC building systems for the Municipal & Sunrise
Cogeneration plants and the Palm Springs International Airport for a period of
five years for a total contract of$140,000.
14. MO 7525 approving the purchase from Ondeo-Nalco Company for water
treatment chemicals in accordance with CMAS terms and conditions for fiscal
year 2004-05 for $70,000.
Council Minutes
07-21-04, Page 3
15. Res 21009, 21010, 21011 and 21012 approving Payroll Warrants and Claims &
Demands.
EXTENDED CONSENT AGENDA:
1. AIRPORT MARKETING CONSULTANT— SH & E
Recommendation: That the Council approve agreement with Simat, Helliesen &
Eichner (SH & E) to provide Airport Marketing consulting services for a term
ending July 20, 2005 for $200,000. A4922.
Aviation Director reviewed staff report.
Minute Order 7526 as recommended was presented; after which, it was moved
by Mills, seconded by Pougnet and unanimously carried, that M07526 be
adopted.
9. POLICE AND FIRE RADIO COMMUNICATIONS - MOTOROLA
Recommendation: That the Council approve Amendment 1 to A4605 with
Motorola Communications and Electronics for maintenance support of the
Motorola 800 MHz Radio System for Police and Fire and other local departments
for $75,002 for a term ending June 30, 2005.
City Manager clarified that the recommendation was for annual maintenance.
Minute Order 7527 as recommended was presented; after which, it was moved
by Pougnet, seconded by Mills and unanimously carried, that M07527 be
adopted.
10. PALM SPRINGS ENTRYWAY SIGNAGE
Recommendation: That the Council approve construction specifications and
plans related to the Palm Springs entryway signage. Final construction contract
to be approved by City Council prior to construction.
City Manager withdrew the item.
12. AIRPORT LOOP ROAD — KIRK DOUGLAS WAY
Recommendation: That the Council consider naming the Airport Loop Road Kirk
Douglas Way.
Resolution 21013 as recommended was presented; after which, it was moved by
Pougnet, seconded by Foat and carried by the following vote that R21013 be
adopted.
AYES: Members Foat, McCulloch, Mills and Pougnet
NO: Mayor Oden.
PUBLIC HEARINGS:
Council Minutes
07-21-04, Page 4
16. CASE 5.0999 — PD 296 —TTM 31230— DESERT BUILDERS
Recommendation: That the Council approve Planned Development District 296
and Tentative Tract Map 31230 for the construction of 7 cluster residential units
for property located at the northwest corner of the intersection of Zanjero and Via
Olivera Roads, Zone R-2, Section 3. Applicant: Desert Builders, 43 Notices
Mailed.
Director of Planning Services reviewed staff report and visual site plans on
display in the Chamber; and added that the Condition directed by Council to
include the formation of a Community Services District was added to the
Conditions of Approval.
Mayor declared the Hearing open.
Don Martin, Palm Springs, stated that as the owner of the property across the
street the visual impact of the project colors are too much.
Mark Davis, President of Desert Builders, requested approval of the project and
added that the condition of assessments levied on the project would be
acceptable, but may cause a burden on individual owners.
There being no further appearances the Hearing was closed.
Resolution 21014 as revised, w/color restudy, Architectural Advisory review and
sun control was presented; after which it was moved by Mills, seconded by
Pougnet and unanimously carried, that R21014 be adopted.
17. CASE 5.1016 ZTA—TAXI SIGNAGE SECTION 93-20
MUNICIPAL CODE AMENDMENT—TAXICABS — CHAPTER 5.40
Recommendation: That the Council consider amendment to the Palm Springs
Municipal Code and the Palm Springs Zoning Ordinance to allow advertising
material on taxicabs.
Director of Strategic Planning reviewed the staff report.
Mayor declared the Hearing open.
Sergio Santo, Coachella Valley Taxi Owner Association, requested approval of
the item.
There being no further appearances, the Hearing was closed.
Councilmember Mills requested that the Ordinance include provisions to allow
either/or rear window or topper advertising and that all topper advertising have
mandatory bandit lights.
City Clerk read Titles of Ordinances as follows:
Council Minutes
07-21-04, Page 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING CODE IN REGARD TO SECTION
93.20.10 SO AS TO ALLOW ADVERTISING MATERIAL ON TAXICABS
and
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE MUNICIPAL CODE IN REGARD TO CHAPTER
5.40 SO AS TO ALLOW ADVERTISING MATERIAL ON TAXICABS
after which, it was moved by Foat, seconded by Pougnet and unanimously
carried to waive further reading and it was further moved by Foat, seconded by
Pougnet and carried by the following vote that the Ordinance be introduced for
first reading.
AYES: Members Foat, Pougnet and Mayor Oden
NO: Members McCulloch and Mills.
18. ABATEMENT OF PUBLIC NUISANCES CITY WIDE
Recommendation: That the Council confirm the report of proceedings and
accounting for 14 public nuisance abatements and recordation of liens against
the title of each property.
Building and Safety Manager reviewed the staff report.
Mayor declared the Hearing; there being no appearances the Hearing was
closed.
Resolutions 21015 - 21028 (14) as recommended was presented; after which, it
was moved by Mills, seconded by Pougnet and unanimously carried, that
R21015- R21028 be adopted.
19. ANNUAL MAINTENANCE DISTRICTS - 2004-05 ASSESSMENTS
Recommendation: That the Council approve annual maintenance costs for the
following districts: Street Lighting Maintenance District (SLMD) 3; Parkways
Maintenance Districts 6A, 7, 9 and 10; and approve the Fixed Charges Report for
same. This is time set for public hearing.
Director of Public Works & City Engineer reviewed the staff report.
Mayor declared the Hearing open for SLMD 3, & PMD 6A, 7, 9 and 10); there
being no appearances, the Hearing was closed.
Resolutions 21029 - 21038 (10) as recommended was presented; after which, it
was moved by Foat, seconded by Pougnet and unanimously carried, that
R21029- R21038 be adopted.
Council Minutes
07-21-04, Page 6
20. ANNUAL MAINTENANCE DISTRICTS — PROPERTY OWNER BALLOTS
Recommendation: That the Council declare the results of property owner protest
ballot proceedings; certify the approval; and approve the final Engineer's Annual
Levy Report regarding the proposed assessment increase to include the levying
and collection of the increased assessments for fiscal year 2004-05; or declare
the results of the property owner protest ballot proceedings, certify its denial; and
amend the final Engineer's Annual Levy report for reducing the total assessment
to the maximum level previously established; or, provide direction regarding the
dissolution of Street Lighting Maintenance Districts 1, 2 and 4; Parkway
Maintenance Districts 66, 6C, and 8.
Director of Public Works/City Engineer reviewed the staff report.
Mayor declared the Hearing open.
Mrs. O'Connor, Palm Springs, stated that the assessment should not be raised
and added when the Palm Trees reached a height of 12 feet the maintenance
workers would no longer trim the trees and the homeowners had to hire
additional service maintenance.
Mr. Robert Jenkins, Palm Springs, stated that the cost accounting is incorrect;
that the landscaping is over 30 years old; that the Council should work with the
homeowners to change the landscaping to drought tolerant plants and requested
denial of the assessment.
There being no further appearances the Hearing was closed.
Mayor declared a recess for counting of Ballots; after which the item will be
resumed for declaration of election and discussion.
City Clerk reported in all districts the vote failed.
In response to questions by Council, City Engineer stated that the costs exceed
the assessment; that the City does subsidize the districts at approximately
$50,000; and with the failure of the election the same assessment would be
levied on the homeowners.
Resolutions 21039 - 21056 (18) as recommended and denying a raise in
assessment were presented; after which, it was moved by Mills, seconded by
Pougnet and unanimously carried that R21039— R21056 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.
Council Minutes
07-21-04, Page 7
LEGISLATIVE ACTION:
21. ORDINANCES FOR SECOND READING & ADOPTION — PALM HILLS
City Clerk read Title of Ordinance 1657 and Ordinance 1658 as follows:
ORDINANCE 1657:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM
U-R TO PD 258, FOR THE PROPERTY LOCATED SOUTH OF EAST PALM
CANYON DRIVE, WEST OF PALM HILLS DRIVE/BROADMOOR DRIVE IN THE
SANTA ROSA MOUNTAINS, ZONE U-R, SECTION 31 AND 32, T4S, RSE,
SBBM
and
ORDINANCE 1658:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH PALM
HILLS LAND CORPORATION FOR THE PALM HILL SPECIFIC PLAN
LOCATED SOUTH OF EAST PALM CANYON DRIVE AND WEST OF PALM
HILLS DRIVE/BROADMOOR DRIVE IN THE SANTA ROSA MOUNTAINS,
ZONE U-R, SECTIONS 31 AND 32, T4S, RSE, SBBM. A4926.
After which, it was moved by Mills, seconded by McCulloch and unanimously
carried that further reading be waived; and it was further moved by Mills,
seconded by McCulloch and carried by the following vote, that Ordinance 1657
and 1658 be adopted.
AYES: Members McCulloch, Mills, Pougnet and Mayor Oden
NO: Member Foat.
22. ASSESSMENT DISTRICT 164 — MOUNTAIN GATE II
Recommendation: That the Council approve the application for further
processing of formation of Assessment District 164, submitted by Century
Crowell Communities; and authorize staff to enter into agreements for an
assessment engineer's report, appraisal and market absorption study; and collect
necessary deposits from the applicant to fund consultant contract. A-----, A-----.
Director of Public Works/City Engineer reviewed the staff report.
City Manager withdrew and continued the item to ,Duly 28, 2004.
23. ASSESSMENT DISTRICT 162 —THE VILLAS & 48 @ BARISTO
Councilmember Pougnet declared Conflict of Interest due to financial interest and
exited the Chamber.
Council Minutes
07-21-04, Page 8
Recommendation: That the Council approve formation of a 1913 Act
Assessment District, using 1915 Act Bonds for certain eligible public
improvements for two development projects; The Villas, Tract 20977, located on
the south side of Tahquitz Canyon Way, west of Cahuilla Road and 48 @
Baristo, Tract 30941, located on Baristo Road, west of Sunrise Way.
Director of Public Works/City Engineer reviewed the staff report.
Resolutions 21057, 21058, 21059 and 21060 (4) as recommended were
presented; after which, it was moved by Foat, seconded by McCulloch and
carried by the following vote, that R21057- R21060 be adopted.
AYES: Members Foat, McCulloch and Mills
NO: Mayor Oden
ABSENT: Member Pougnet.
Councilmember Pougnet reentered the Chamber.
24. 2004-05 COMPREHENSIVE FEE SCHEDULE REVISIONS
Recommendation: That the Council amend the 2004-05 Comprehensive Fee
Schedule as related to various fees at the Palm Springs International Airport.
Director of Aviation reviewed the staff report.
Resolution 21061 as recommended was presented; after which, it was moved by
Foat, seconded by McCulloch and unanimously carried, that R21061 be adopted.
25. 2003-04 VEHICLE REPLACEMENT CYCLE
Recommendation: That the Council approve the purchase of 10 vehicles as
follows: six vehicles from Ramsey Street Ford for $146,499.96; two vehicles
from Fiesta Ford for $56,745.77 and two vehicles from Municipal Maintenance
Equipment for$57,248.65. Total purchase amount $260,494.38.
Director of Procurement & Contracting reviewed the staff report.
Minute Orders 7528, 7529 and 7530 (3) as revised, to delete Vehicle 10-Crown
Victoria was presented; after which, it was moved by Foat, seconded by
McCulloch and carried by the following vote that M07528, M07529 and M07530
be adopted.
AYES: Members Foat, McCulloch, Pougnet and Mayor Oden
NO: Member Mills.
Note: Motion to enact continuance of the meeting was presented; after which, it was
moved by Pougnet, seconded by McCulloch and unanimously carried, that the meeting
continue.
Council Minutes
07-21-04, Page 9
26. 2004 AMERICAN HEAT — PALM SPRINGS MOTORCYCLE & HOT ROD
WEEKEND
Recommendation: That the Council approve suspending certain regulatory
ordinances to allow the 2004 American Heat, Palm Springs Motorcycle & Hot
Road Weekend event to occur on and around adjoining street of the Prairie
Schooner Parking Lot from October 8 through 10, 2004.
Director of Parks and Recreation reviewed the staff report.
Resolution 21062 as recommended was presented; after which, it was moved by
Pougnet, seconded by Mills and unanimously carried, that R21062 be adopted.
27. NOVEMBER 2, 2004 SPECIAL MUNICIPAL ELECTION
Recommendation: That the Council call and give Notice of holding a Special
Municipal Election to add certain ballot measures related to the Admissions Tax
and the Utility User Tax to the ballot; and designate authors for arguments
regarding same for the November 2, 2004 election.
City Attorney reviewed the measure.
Resolution 21063 as revised (UUT), to 3% for 3 years; Section 2 to reflect multi-
year costs was presented; after which, it was moved by Mills, seconded by Oden
and unanimously carried, that R21063 be adopted.
City Manager stated consideration of Ballot Arguments would be continued to
July 28, 2004.
28. EARLY VOTING SITE
2004-05 FISCAL YEAR BUDGET AMENDMENT
Recommendation: That the Council consider participation with Riverside County
Register of Voters in an early voting site to be located at the Palm Springs Mall;
and amend the Fiscal Year 2004-05 budget for $40,000.
City Manager reviewed the staff report and added that meetings had been held
with the Registrar.
Resolution 21064 as revised to $30,000 and Minute Order 7531 as
recommended were presented; after which, it was moved by Foat, seconded by
Pougnet and carried by the following vote that R21064 and MO7531 be adopted.
AYES: Members Foat, Pougnet and Mayor Oden
NO: Members McCulloch and Mills.
29, MUNICIPAL CODE AMENDMENT 9-1-1 ORDINANCE
INTRODUCTION & FIRST READING
Recommendation: That the Council approve the establishment of a 9-1-1 fee
regarding 9-1-1 emergency calls.
Council Minutes
07-21-04, Page 10
City Manager requested approval of the Ordinance.
City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
CHAPTER 3.39 TO THE PALM SPRINGS MUNICIPAL CODE PERTAINING TO
911 EMERGENCY COMMUNICATION SYSTEM RESPONSE FEES
after which; it was moved by Mills, seconded by Foat and unanimously carried,
that further reading be waived and the Ordinance be introduced for first reading.
30. ADDITIONAL LEGISLATIVE ITEMS: None.
ADDED STARTERS: None.
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
31. Court Liaison Services — Hegranes — received & filed.
32. Treasurer's Investment Report as of May 31, 2004 — received & filed.
33. Villagefest appointments/interviews — Direction to the City Attorney to draft
Ordinance Amendment to add up to three new Board Members for Sept, 2004.
34. Planning Commission appointments — (2) Terms end 6-30-07.
35. Airport Commission appointment—Appointed A.D. Kessler-Term ends 6-30-05.
PUBLIC reports or requests
STAFF reports or requests
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JULY 28, 2004
An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California,
was called to order by Mayor Pro Tern Mills, in the Council Chamber, 3200 Tahquitz
Canyon Way, on Wednesday, July 28, 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 and Pougnet
Absent: Mayor Oden
The meeting was opened with the Salute to the Flag, and a Moment of Silence.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on July 23, 2004.
PRESENTATIONS: Swear-in Police Officer Trace Blake
League of California Cities Update — Dave Willmon.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
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:
Man, no address given, stated that Tribal gaming impacts are large in the City; that the
workers in the Casinos are being exploited, abused and discriminated against and that
the City should be aware of these issues.
Jodi Smith, Palm Springs, stated that the Casino workers need City intervention
regarding the health benefits for employees.
Dr. Wayne McKinny, Palm Springs, stated that the Well in the Desert lease contract
needs to be amended to allow summer "cooling" hours for the poor and homeless and
requested consideration of the allowance of longer weekday hours and the ability to be
open on the weekend.
Dick Ramella, Costa Mesa, stated availability during discussion of item 6.
The following persons spoke in favor of Item 10:
Sergio Santo, Coachella Valley Taxi Owner Association
Robin Burns, Coachella Valley Taxi Owner Association
APPROVAL OF CONSENT AGENDA:
It was moved by Foat, seconded by Pougnet and unanimously carried, Oden absent,
that Items 1 thru 5, excluding 6, be adopted. Item #4 Mills abstain, business relations.
Council Minutes
07-28-04, Page 2
Review by City Manager of Consent Items to be clarified.
1. MO 7532 approving agreement with Mrs. America for event sponsorship for the
2004 Mrs. America Pageant to be held in Palm Springs on September 7, 2004,
term ending October 7, 2004 for$25,000. A4929. Oden absent
2. MO 7533 approving agreement with Parades of Palm Springs for event
coordination of the 2004 Festival of Lights Parade and 2005 Black History
Parade for a term ending June 30, 2005 for $30,000; and Res 21065 amending
the 2004-05 fiscal year budget for $10,000. A4930. Oden absent
3. MO 7534 approving settlement agreement of all claims related to Destination
Ramon (Wal-Mart). A4931. Oden absent
4. MO 7535 approving agreement with Palm Springs Unified School District to
provide a full time Police Officer to administer the School Community Policing
Partnership Grant for at-risk students and families for a term ending June 30,
2004. A4932. Mills abstain, business related. Oden absent
5. MO 7536 approving settlement agreement with Daniel A. Wilson concerning a
June 4, 2001 injury. A4933. Oden absent
6. See Extended Consent Agenda.
EXTENDED CONSENT AGENDA:
6. GENERAL PLAN UPDATE CONSULTANT— PLANNING CENTER
Recommendation: That the Council authorize staff to enter into negotiations with
the Planning Center for consultant services regarding the General Plan Update.
City Manager reviewed the staff report and added that the RFP's would be
provided to Council.
Minute Order 7537 as recommended was presented; after which, it was moved
by Foat, seconded by McCulloch and unanimously carried, Oden absent, that
MO 7537 be adopted.
PUBLIC HEARINGS:
7. CASE 5.1006 — PD 298 —TTM 32363 — ROYAL DESERT PALMS
Recommendation: That the Council approve Planned Development District 298
and Tentative Tract Map 32363 for subdivision of approximately 2.03 acres into
six lots and Planned Development District for the construction of six single family
residences located at 310 and 320 West Vista Chino Road. APN 504-300-016
and 504-300-017. Applicant: Desert Royal Palms. Notices Mailed: 99.
Director of Planning Services reviewed staff report and visual site plans on
display in the Chamber.
Council Minutes
07-28-04, Page 3
Mayor Pro Tern declared the Hearing open.
Denise Anderson, no address given, stated that as a neighbor to the project this
developer has worked with the neighborhood and approval is encouraged.
There being no further appearances, Mayor Pro Tem declared the Hearing
closed.
Resolution 21066 as recommended was presented; after which, it was moved by
Foat, seconded by Pougnet and unanimously carried, Oden absent, that R21066
be adopted.
8. CASE 5.1003— CUP—450 SOUTH SUNRISE WAY
Recommendation: That the Council approve a Conditional Use Permit to
construct a ninety foot commercial communications tower designed as a stadium
pole located at 450 South Sunrise Way. Applicant: Velocitel. Notices Mailed:
243.
Director of Planning Services reviewed staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open.
Curtis Halmaghi, Palm Springs, submitted a signed petition of neighbors against
the location of the tower, copy on file in Office of the City Clerk.
Motion to continue the Hearing to September 15, 2004 was presented; after
which, it was moved McCulloch, seconded by Pougnet and unanimously carried,
Oden absent, that the Item be continued.
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:
9. MUNICIPAL CODE AMENDMENT SECOND READING & ADOPTION
9-1-1 ORDINANCE
City Clerk read Title of Ordinance 1659 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA ADDING
SECTION 3.39 TO CHAPTER 3 OF THE PALM SPRINGS MUNICIPAL CODE
PERTAINING TO THE EMERGENCY COMMUNICATION SYSTEM RESPONSE
FEE
Council Minutes
07-28-04, Page 4
after which, it was moved by Pougnet, seconded by McCulloch and unanimously
carried, Oden absent, that further reading be waived and Ordinance 1659 be
adopted.
10. MUNICIPAL CODE AMENDMENT SECOND READING & ADOPTION
ZONING ORDINANCE AMENDMENT SECOND READING & ADOPTION
TAXI SIGNAGE
City Clerk read Titles of Ordinance 1660 and Ordinance 1661 as follows:
ORDINANCE 1660
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING HE ZONING CODE IN REGARD TO SECTION
93.20.10 SO AS TO ALLOW ADVERTISING MATERIAL ON TAXICABS
and
ORDINANCE 1661
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE MUNICIPAL CODE IN REGARD TO CHAPTER
5.40 SO AS TO ALLOW ADVERTISING MATERIAL ON TAXICABS
after which; it was moved by Pougnet, seconded by Foat and unanimously
carried, Oden absent, that further reading be waived; and it was further moved by
Pougnet, seconded by Foat and carried by the following vote, that Ordinance
1660 and Ordinance 1661 be adopted.
AYES: Members Foat, McCulloch and Pougnet
NO: Member Mills
ABSENT: Mayor Oden
11. 2004 SPECIAL MUNICIPAL ELECTION — BALLOT ARGUMENT
On July 21, 2004 continued this item for designation of authors for the Council
initiated Ballot Measure V— Utility User Tax.
City Attorney reviewed the staff report.
Resolution 21067 as recommended was presented; after which, it was moved by
Pougnet, seconded by McCulloch and unanimously carried, Oden absent, that
R21067 be adopted.
12. ASSESSMENT DISTRICT 164— MOUNTAIN GATE II
On July 21, 2004 City Manager requested this item be continued to July 28, 2004
for Council approval of the application for further processing of formation of
Assessment District 164, submitted by Century Crowell Communities; and
authorize staff to enter into agreements for an assessment engineer's report,
appraisal and market absorption study; and collect necessary deposits from the
applicant to fund consultant contract.
Council Minutes
07-28-04, Page 5
Director of Public Works/City Engineer reviewed the staff report.
Resolution 21068 as recommended was presented; after which, it was moved by
Pougnet, seconded by McCulloch and unanimously carried, Oden absent, that
R21068 be adopted.
13. ADDITIONAL LEGISLATIVE ITEMS: None
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
14. CITYWIDE HISTORIC RESOURCES SURVEY— received & filed.
City Manager withdrew the item.
15. HISTORIC SITE PRESERVATION BOARD — appointment — 1 — Term ending 6-
30-07: Direction to City Clerk regarding process or appointment.
City Manager withdrew the Item until September 15, 20/04.
PUBLIC reports or requests
STAFF reports or requests
ADJOURNMENT:
There being no further business, Mayor Pro Tem declared the meeting
adjourned.
PATRICIA A. SANDERS
City Clerk