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HomeMy WebLinkAbout6/2/2004 - STAFF REPORTS (9) CITY OF PALM SPRINGS CITY COUNCIL MINUTES MARCH 31, 2004 A Special 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, March 31, 2004, at 7:00 p.m. ROLL CALL: Present: Councilmembers Foat, McCulloch, Mills, Pougnet and Mayor Oden Absent: None The meeting was opened with the Salute to the Flag. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on March 26, 2004. PUBLIC HEARING 1. CASE 5.0728 - PD 101, 180 & 164 - SECTION 14 MASTER PLAN ZONING ORDINANCE - MAP AMENDMENT Recommendation: That the Council approve Case 5.0728 GPA, with various amendments to the General Plan Land Use and Circulation Elements for 640 acres bound by Alejo Road, Sunrise Way, Ramon Road and Indian Canyon Drive. Zone C-1, C-1AA, C-2, R-G-A(8), R-2, R-4-VP, PD 101, 180 and 164; and approve Section 14 Master Plan/Specific Plan with Statement of Facts and Findings and Statement of Overriding Consideration and certifying the Final Environmental Impact Report for Section 14; and amend the zoning map by removal of exiting zone and replacement with new zones for Section 14. Director of Planning & Zoning reviewed the staff report and visual aids on display in the Chamber and added that the issue had been worked on for a lengthy time; that letters received this date will be responded to within the findings of the resolution; that several public meetings were held at City Hall; that the first meeting had a large attendance; that the following two meetings did not have as great of attendance; that adjustments were proposed by the Planning Commission and were accepted by the Tribal Council; and that the land use plan was a joint effort between the City and the Tribe. Tom Davis, Tribal Planning Director, stated that incentives for development in downtown Palm Springs has been addressed; that Section 14 does involve an area that is subject to factional ownership and zoning and has not been compatible to the rest of the City; that the Tribal Council has stood and remains standing behind the protection of the environment; that there have been comments made regarding Section 14 that are actually regional issues and that the Tribal Council intends to continue to participate in the regional issues; that as the Zoning Ordinance stands, building height of 100 feet is allowed in this section; that the proposal before the Council does make it more difficult to develop beyond 60 feet in height, unless there is some type of consolidated plan and that the Tribal Council did not desire a downgrade in zoning. Council Minutes 3-30-04, Page 2 Mr. Bunce, Tribal Council Counsel, stated that the Tribal Council has worked closely with the City not only on this issue, but on past issues; that the area is in fact Federal Reservation land, but that it is the Tribal Councils desire to work jointly with the city and that the input received is valued; and that each project proposed for the area will still need to go through the development process. In answer to questions by Council, Director of Planning & Zoning stated that once property lines are established, the general guidelines are that for one foot of vertical building height there is one foot of horizontal setback; that the Planning Commission did review the area for high rise, that the existing height limit is best represented by the Wyndham with its urban design; that the Planning Commission was not making a land use decision regarding the height but did allow for the urban design of 60 foot vertical building with an additional 15 feet to allow for mechanical equipment; that projects with a consolidated land mass of 60 acres will probably require a parking structure or parking underground. Mayor declared the Hearing open. The following persons spoke in opposition of the item. Greg Landenberg, Palm Springs Cookie Busher, Palm Springs Richard Hussar, Palm Springs Jane Smith, Palm Springs Cheryl Hamlin, Palm Springs Claire Jones, no address given Lester Bagwell, Palm Springs Joan Martin, no address given The following persons spoke in support of the item. Phil Tedesco, Palm Springs Tom Suitt, Palm Springs Michael Robb, no address given Pete Snyder, no address given Joy Meredith, on behalf of Main Street In answer to questions from the Hearing, Tribal Counsel stated that leases that are made with individuals of the Tribe are not controlled by the Tribal Council; that within the area of Section 14 the Tribal owns 72 acres; that there is no residential units on that land; that if there is difficulty with an individual allottee regarding a lease, then the issue is between the tenant and the allottee. City Attorney clarified that the issue before the Council is one of land use and land impacts. Councilmember Foat stated that the documentation regarding the issue was received on March 22, 2004; that it is questionable why the material was just provided for review by the Council; that at this time all the issues have not been completely reviewed or digested; that there is question on the procedure that Council Minutes 3-30-04, Page 3 should be used; that there is a Planning Commission recommendation and questioned if the Planning Commission recommendation is approved would the allowable height stay at 100 feet; and stated that a motion should be made to specify the height at 60 feet with an additional 15 feet for mechanical equipment. Planning Director stated that the Specific Plan was sent to the Council in November; that there was concern due to the newly elected Members of the Council with inundation of materials and that materials were given in succession of progress; that inquiries are addressed in the EIR; and that a full EIR was conducted. Motion to limit building height to 60 feet with an additional 15 feet for mechanical equipment was presented; after which, it was moved by Foat and died due to a lack of second. Councilmember Mills stated that even though the Motion died, the issue could be considered on individual project review; and added that as a previous member of the Planning Commission, the issue was dealt with many times; that the Plan was impressive and still is; that the proposal is more open; that a high end look of mixed use development is to be offered; that the issue is not just one of zoning, but the Plan has many facets including sidewalks and landscaping; that the Plan is well thought out to take smaller parcels with several different zones and tie them together to create an opportunity to do a large scale project; that in the end a less dense look with more open space is created; that the Plan should be supported; that this will be improvements to a major part of the City that has sat idle for a long time; that appreciation is given to the Tribe for working with the City and considering enhancements to the plans; that it should be remembered in 1988 the City agreed to allow Indian development at 100 feet while limiting other development to 60 or 75 feet; that there is no reason now to change the limits or setback; and that even with the additional footage the City will not be sacrificing. Mr. McCulloch stated that the Master Plan was distributed to the public two years ago; that the Plan is not new, nor was it dropped on the Community in the past few months. Councilmember Foat stated that the Plan is agreeable, the area does need to be developed; that the land is empty and filled with debris; that change is difficult for many of us; that the City is not a little Village anymore; and that growth is vital for survival; but smart growth is needed; that there are major concerns with the Plan; that there are density issues; that there are building height issues; and that due to the concerns, personally, a vote will not be given. Councilmember Pougnet stated that staff should be commended on the process; that there was opportunity for the citizens to participate in meetings that did explain the Plan; and that concurrence with Mr. Mills is given concerning development projects that will come back to the Council for consideration. Council Minutes 3-30-04, Page 4 Mayor Oden stated that the opportunity can not be missed to move forward; that the City does need smart growth; that the Tribe has worked with the City; that the Plan is not problem free, but that a cooperative working relationship is in place to work out issues; that the Council will continue to evaluate projects for quality and that there is a commitment from the Tribe to continue to work with the City. Resolution 20866 (GPA) and Resolution 20867 (Master/Specific Plan) as revised to include water requirements to the statement of overriding concerns were presented; after which it was moved by Mills, seconded by Pougnet and carried by the following vote that R20866 and 20867 be adopted. AYES: Councilmembers McCulloch, Mills, Pougnet, and Mayor Oden NO: None ABSTAIN: Councilmember Foat It was further moved by Mills, seconded by Pougnet and unanimously carried, that further reading be waived and the City Clerk read the Title of Ordinance for introduction and first reading. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS 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, PD101, PD180 AND PD164, SECTION 14. After which, it was moved by Mills, seconded by Pougnet and carried by the following vote that the Ordinance be introduced for first reading. AYES: Councilmembers McCulloch, Mills, Pougnet and Mayor Oden NO: None ABSTAIN: Councilmember Foat ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES MARCH 31, 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, March 31, 2004, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Foat, McCulloch, Mills, Pougnet and Mayor Oden Absent: None The meeting was opened with the Salute to the Flag. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on March 26, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 2 of agenda this date. PRESENTATIONS: None HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Mr. Evans, no address given, expressed concern on street closures and development in the Palm Hills area. CONSENT AGENDA: None PUBLIC HEARINGS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None LEGISLATIVE ACTION: 1. CONVENTION CENTER EXPANSION PHASE II PROJECT—TRADE BIDS Recommendation: That the Council approve trade agreements for the Convention Center Expansion Phase II Project, subject to the approval of bond documents. CP02-27. A4850 thru A4861. Convention Center Project Administrator reviewed the staff report and added that there is some risk involved in the approvals; that it will not be known until around May 18, 2004 whether or not the bonds are insurable; but that there will be problems is there is no forward movement. Adjourned Council Minutes 3-31-04,Page 2 City Attorney stated that the risk involved is due to the Ordinance being subject to referenda and that the time period will be 30 days after adoption of the Ordinance. Resolution 20868 thru 20885 as revised to modify wording to base approval were presented; after which, it was moved by Mills, seconded by Pougnet and unanimously carried, that R20868 —20885 be adopted. 2. CONVENTION CENTER EXPANSION PHASE II PROJECT— SURVEY Recommendation: That the Council approve an agreement with the Keith Companies for construction surveying and staking for the Convention Center Expansion Phase II Project for $74,570. Subject to the approval of bond documents. CP02-27. A4862. Convention Center Project Administrator reviewed the staff report. Minute Order 7465 as recommended was presented; after which, it was moved by Mills, seconded by Pougnet and unanimously carried, that MO7465 be adopted. 3. CONVENTION CENTER EXPANSION PHASE II PROJECT— EQUIPMENT Recommendation: That the Council authorize Turner Logistics to direct purchase of large equipment, Trade Bid 28, for $1,667,818; or authorize Turner Logistics to direct purchase of large equipment and waive City's standard payment retention requirements by modification of the payment schedule reducing the cost by $19,142, for a total cost of $1,648,676. Subject to the approval of bond documents. CP02-27. A4709 Convention Center Project Administrator reviewed the staff report. Resolution 20886 as recommended to include waiving City standard payment retention was presented; after which, it was moved by Mills, seconded by Pougnet and unanimously carried, that R20886 be adopted. 4. CONVENTION CENTER EXPANSION PHASE II PROJECT— PARKING LOT Recommendation: That the Council approve an agreement with Contreras Construction Company, Bid Schedules Alternative A, Alternative Deductive C, Additive D and E, for the Palm Springs Convention Center Expansion Phase II Project for parking lot and street improvements for $730,356.25. Subject to the approval of bond documents. CP02-27 A4863. Director of Public Works/City Engineer reviewed the staff report. Minute Order 7466 as recommended was presented; after which, it was moved by Foat, seconded by Mills and unanimously carried, that MO7466 be adopted. Adjourned Council Minutes 3-31-04,Page 3 ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests Councilmember Foat requested the formation of a subcommittee regarding the Desert Fashion Plaza. Councilmember Pougnet requested a report on the remaining of streets. 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 APRIL 12, 2004 A Joint Regular Meeting between the City Council of the City of Palm Springs, California, and the Agua Caliente Band of Cahuilla Indians was called to order by Mayor Oden, at the Spa Hotel, Cahuilla Room, 100 North Indian Canyon Way, on Wednesday, April 12, 2004, at 6:00 p.m. ROLL CALL: Present: Councilmembers Foat, McCulloch, Mills, Pougnet and Mayor Oden Absent: None Tribal Council Present: Members Gonzales, Patencio, Prietto-Dodd and Chairman Milanovich Absent: Member Gonzales-Lyons The meeting was opened with the Salute to the Flag. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on April 8, 2004. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Cheryl Hamlin, expressed concern with the Belardo Bridge project and added that the study regarding the issue should be enlarged to include the area west of East Palm Canyon. 1. SPECIAL DISTRIBUTION FUND Mayor Oden reviewed donations contributed by the Agua Caliente Band of Cahuilla Indians for various City services and expressed appreciation for it. Chairman Milanovich acknowledged the contributions and added that there are so many needs in the Community that are very basic in nature and that the Tribe is doing its utmost to assist in those needs. Mayor Oden reviewed the applications for the State Casino Special Distribution Fund, copy on file in the Office of the City Clerk, and added that the Police Department has also added an application for funding of a Drug Intervention officer and Police Activities League officer; that the funding request for those positions is $45,000 each. Member Potencio stated that there have been approximately $24 Million dollars worth of requests; that the State Legislature has prioritized the needs as safety, streets, and so forth by a ranking guide; that there are eight members on the Committee; that six are local and there are two Tribal members; that the full process has not yet been determined, but that requests from Palm Springs fulfills all four criteria's needed to apply. Council Minutes 04-12-04, Page 2 Chairman Milanovich stated that need and impact were the main qualifiers; that there are separate funds for nexus and non-nexus; and that consideration is also given on whether the grant requested is one-year or multi-year funding; and that the Fair Share Initiative being circulated does include maintaining the State Special Distribution Fund. 2. BELARDO BRIDGE Tribal Planning Director reviewed a background of the project and added that the project is currently undergoing the CalTrans review; that the City has handled the public works and construction side of the project and the Tribal Planning Department handles grants and design; that there will be an 80 foot right-of-way from Ramon down; that the engineering and CEQA studies are underway; that the design of the bridge has been adjusted to protect cultural items; that the adjustment did run about $1.3 million in funds; that EIR documents should be finished in the near future; that the total cost will be around $3 million; and that the construction documents should be ready by April, 2005. 3. SOUTH PALM CANYON BRIDGE City Manager stated that the Redevelopment Agency would be considering bonds to cover the $2.8 million dollars cost of construction. 4. INDIAN AVENUE/1-10 INTERCHANGE Tribal Planning Director stated that there is a total of $18 million in Federal Funding in the 2007-08 Federal Funding Bill; that CalTrans has approved the final design of the project and that Tribal Members have been to Washington DC to get the initiatives proceeding. Councilmember Pougnet questioned the layout of the interchange and traffic flow into Palm Springs. City Engineer stated that there have been no problems with environmental issues; that Indian Avenue from the Train Station into town traffic flow design does need to be addressed, but is not a part of this funding; that the interchange is a cloverleaf for ingress and egress of 1-10 and that there has been mitigation agreements entered into with various agencies. 5. JOINT CITY/TRIBAL OUTREACH Tribal Planning Director reviewed a handout, copy on file in Office of the City Clerk, and added that there will be training sessions for both staffs; that education of the public will most likely start with small segments, then expand to neighborhood groups; that the plan is to have the outreach in place within six months and be ready to present to targeted neighborhoods; that the pubic outreach will assist in filling a need where people say they have never heard about a project; that there are many new people in the City; and that education is needed concerning the historical background in addition to upcoming projects, and would be beneficial to the citizens. Council Minutes 04-12-04, Page 3 6. FUTURE AGENDA ITEMS Mayor stated that a joint effort between the City and the Tribe should be started for a New Year's Eve Celebration. Councilmember Foat requested that a discussion item be added to a future agenda to discuss a cultural event that could be a joint venture by both entities. Councilmember Pougnet requested that affordable housing be a discussion item for a future agenda to discuss a joint affordable housing project. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES April 14, 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, April 14, 2004, at 5:00 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Foat, McCulloch, Mills, Pougnet and Mayor Oden Absent: None The meeting was opened with the Salute to the Flag. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on April 9, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION - None. PRESENTATIONS: None. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Sergio Santo, CVTOA, submitted a brochure for Council review, copy on file in Office of the City Clerk, and added that Sunline's operating budget does not contain full accounting of expenses. Bob Evans, Palm Springs, expressed appreciation for the street blocking at the Movie Colony. APPROVAL OF CONSENT AGENDA: None. LEGISLATIVE ITEMS: 1. CONVENTION CENTER EXPANSION PHASE II 2004 SERIES A LEASE REVENUE BONDS ZONING ORDINANCE —SECOND READING & ADOPTION (Intro 4-7-07) City Clerk read Title of Ordinance 1646 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 (CONVENTIONS CENTER EXPANSION PROJECT) Council Minutes 04-14-04, Page 2 after which, it was moved by Mills, seconded by Foat, and carried by the following vote, that further reading be waived and Ordinance 1646 be adopted. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NO: None 2. CONVENTION CENTER EXPANSION — PHASE II - DEMOLITION Recommendation: That the Council approve an agreement with American Demolition Concrete Cutting for demolition at the Convention Center Phase II Expansion for $325,000. A4871. Convention Center Administrator reviewed the staff report. Resolution 20901 as recommended was presented; after which, it was moved by Mills, seconded by Foat and unanimously carried, that R20901 be adopted. PUBLIC HEARINGS: 3. TPM 30745 - ROTHBART DEVELOPMENT — DESTINATION RAMON LLC - WALMART Recommendation: On April 7, 2004, Council continued this matter to consider certification of the Environmental Impact Report; approval of Tentative Tract Map 30745, with conditions, and vacation of right-of-way of Sky Point Drive for property located at 5601 Ramon Road, Zone M-1, Section 20. Applicant: Rothbart Development, Destination Ramon LLC (Wal-Mart). Director of Planning & Zoning reviewed the staff report and added that there are no public subsidies nor payment by the City for infrastructures and added that the City of Cathedral City will accept no less than the City of Palm Springs working with the City of Cathedral City staff to complete as soon as possible (using all haste) a joint application to CVAG for commitment of TUMF funding to plan, design, and construct the necessary improvement to Ramon Road and any other arterial negatively impacted by the Project; that integral to the TUMF fee commitment or both Cities will be a project to widen the Ramon Road Bridge and its approaches over the Whitewater River to accommodate traffic and pedestrians projected in the year 2020; that the City of Cathedral City reiterates its position that at no time will it be responsible for any of the maintenance costs associated with the median island landscaping adjacent to the project; that the City of Palm Springs will negotiate in good faith with the City of Cathedral City to provide a percentage of the sales tax from Wal-Mart to help defray the cost of adverse traffic and other associated impacts on Cathedral City and its infrastructure and displayed visual site plans on display in the Chamber. In answer to questions by Council, Director of Planning & Zoning stated that the vacant land near the project does not have active plans in process, but that the idea is to develop retail; that there were no hours restriction set by the Planning Commission; that truck traffic would for the most part be on Gene Autry Trail; that the perimeter walls at the Classic project should contain noise and lights; that the impact of the project on the Classic Project was found to be not significant; that when the interchange is completed at 1-10 and Gene Autry most traffic backup problems will be mitigated and that the lease is for 20 years. Council Minutes 04-14-04, Page 3 In answer to questions by Council, City Engineer stated that the left turn lane has been eliminated; that the traffic study did not include possible impacts on the Springs Project; that the Springs Project was not in existence at the time of the study; that overall growth was taken into account using the CVAG model and the Palm Springs and Cathedral City's General Plans; that the projects of the Springs Project are consistent with the finding of this project; that in the past the City has entered into agreements with Cathedral City to maintain medians within Cathedral City limits; and that a maintenance agreement would be offered to Cathedral City for the upkeep of the landscaping. Mayor declared the Hearing open. The following persons spoke in opposition to the item. Sonja Marchand, no address given, submitted brochures and video tapes concerning the impact of"big boxes" s commercial blight. Steven Switzer, no address given Raymond Johnson, Temecula Debra Logan, La Quinta Melinda Treminelo, representing NOWRon Loya, Palm Springs Florence Klaasen, Palm Springs Lauren Garvis, Cathedral City Sherry Kovis, Ralphs Grocery Store Man speaker, no address given Joan Martin, Palm Springs Frank Tysen, Palm Springs The following persons spoke in favor of the item. Karen Sheppard, Palm Springs Philip Dennison II, Coachella Valley Fred ?, Cathedral City Muriel Seltzer, Palm Desert John Reeves, no address given Elaine Bragen, no address given Fred Remper, no address given Austin ?, Palm Springs Nora Serrano, Cathedral City Wesley Ross, Palm Springs John Stiles, Palm Springs Joy Meredith, Palm Springs Amelia Heiman, Cathedral City Peter Karnala, Wal-Mart Stan Rothbart, developer/applicant There being no further appearances, the Hearing was closed. Councilmember Foat questioned noticing requirements and added that it is not clear whether the residents recognized "destination Ramon" as being the Wal- Mart project. Council Minutes 04-14-04, Page 4 In answer to questions by Council, Director of Planning & Zoning stated that there are a number of activities that could take place during the course of the year; that the City has not received input on the position of other Cities; that tenant lists for Pads 3 — 6 have not been provided; that parking does exceed the requirements; that the store manager will determine the hours of the store based on consumer demand; that deliveries for groceries are typically delivered in the morning hours and general merchandise in evening hours; that architectural approval will be final with the Planning Commission unless appealed to the City Council; that the lease is for 20 years and that all guidelines for public notices were followed. Councilmember Foat stated that the vote should be postponed or that support could not be given to the project. Motion to continue the item was presented; after which it was moved by Foat and died due to a lack of a second. Councilmember Pougnet stated that there are many issues concerning the item such as non-union vs. union job creation, sales tax creation; that an informal survey was done at the Mizell Senior Center; that the project was supported and that the project is at the right location at the right time. Councilmember Mills stated that the project has been not only noticed but featured several times in the Desert Sun; that it is not the job of a Councilmember to tell a business how to run its operations; that if the Council does start in that type of direction, there will be no business in the City; that the zone for the project is right; and to not support the project is sending a mixed message and with right of zone and being a quality project the item should be supported. Mayor stated that the City needs its retail sales; that a Member of the City Council must represent all the citizens and not just personal views; that the location is significant to our economy; that CRA funds are not being used; that there are no incentives being used to lure the store and that there has been 100% cooperation by the developer and that based on market research this is the perfect location for commercial retail. Resolution 20902 (EIR) and Resolution 20903 (TTM) as revised to modify conditions of approval was presented; after which, it was moved by Mills, seconded by Pougnet and carried by the following vote that 20902 and 20903 be adopted. AYES: Members McCulloch, Mills, Pougnet and Mayor Oden NO: Member Foat COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None ADDED STARTERS: None. REPORTS & REQUESTS: CITY COUNCIL reports or requests Council Minutes 04-14-04, Page 5 Councilmember Mills requested the Taxicab Association be contacted on process of modification of Ordinance for advertising on taxicabs; requested date and time be set for Annual Board & Commission Dinner; and consideration of the status of the Veterans Day Parade. Mayor requested completed Ordinance for Taxicabs be sent to other Coachella Valley Cities for review; and requested a study regarding the franchising and fees for regulating taxis. PUBLIC reports or requests STAFF reports or requests City Manager to contact Councilmembers for dates for Visioning Session. ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk