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HomeMy WebLinkAbout5/5/2004 - STAFF REPORTS (5) CITY OF PALM SPRINGS CITY COUNCIL MINUTES MARCH 24, 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 24, 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 March 19, 2004. PRESENTATIONS: None. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business CITY COUNCIL PUBLIC COMMENTS: Robin Burns, Palm Springs, requested approval of Item 6 and added that the process had started 16 months ago; that approval of the item will enhance safety of the drivers and relieve financial hardship. Sergio Santo, Coachella Valley Taxi Owner Association, requested approval of item 6 and distributed pictures of the proposed advertising and added that Best Signs will be creating the ad work. Ralph Hitchcock, Cathedral City, requested approval of Item 7 and added that in order to underground the utilities, permission would need to be obtained from all property owners and requested that modification to condition be considered to include language to that effect. James Bishop, Palm Springs, stated that information regarding Section 14 is not straightforward; that the Tribe is not being honest with the City; that casinos do need to be removed from R-4 zoning and that Palm Springs will be another Las Vegas if care is not given. APPROVAL OF CONSENT AGENDA: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmember Mills expressed appreciation for Council continuance of two items from the last meeting and added that there are some issues that face the City that are more critical to an individual on the Council; that concern for two items were addressed to the City Manager; that regarding the Winters property Council Minutes 03-24-04, Page 2 based on Closed Session direction a tied, two-two vote was given; that the reason for the request of continuance was to allow a full five member Council to be present for vote on the item; that the other item was regarding the Taxi cab issue; that there was some specific direction regarding the matter to be given to the City Attorney; that it seemed that neither issue was time sensitive; that in the past items have been pulled by staff or at the request of a Councilmember who was going to be absent and the item was withdrawn with no questions asked; that it is a matter of courtesy to allow a continuance when a member of the Council requests that the discussion be held off until he/she can be present; that in the future it may be best to get with staff to review the upcoming agenda so things that are of particular impact could be delayed if not time sensitive. 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. COMPREHENSIVE FEE SCHEDULE AMENDMENT— SKATE PARK Recommendation: That the Council amend the City's comprehensive fee schedule to establish a resident and nonresident membership fee, a three-day fee, a non-member daily fee, and both half-day and full-day rental fees for the use of the skate park to allow for private parties and special events. Director of Parks and Recreation reviewed the staff report and in answer to questions by Council stated that the safety concerns for collection and storing of the admission fees have been addressed; that capacity issues should not be a problem; that annual fees for both residential and non-residential could be added at $25.00 and $100, respectively, per year; and that the fees should likewise cover any needed repairs and maintenance that will be needed. Resolution 20860 as revised to include Annual Residential Family Pass at $25.00 and Non-Resident Annual Family Pass at $100.00, based on annual calendar year, was presented; after which, it was moved by Mills, seconded by Pougnet and unanimously carried, that R20860 be adopted. 2. 2004 PALM SPRINGS SMOOTH JAZZ FESTIVAL Councilmember Mills declared Conflict of Interest due to business client and exited the Chamber. Recommendation: That the Council approve suspending certain regulatory ordinances related to the 2004 Palm Springs Smooth Jazz Festival, May 14 and 15, 2004. Director of Parks and Recreation reviewed the staff report. Minute Order 7464 and Resolution 20861 as recommended were presented; after which, it was moved by Foat, seconded by Pougnet and unanimously carried, Mills absent, that MO7464 and R20861 be adopted. Councilmember Mills reentered the Chamber. Council Minutes 03-24-04, Page 3 3. 2003-04 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET AMENDMENT AND AMENDMENT TO THE ANNUAL PLAN Recommendation: That the Council reallocate $51,177.33 in Program Income from CDBG Fund Balance to Program Administration, authorize submission of the amended 2003-04 Consolidated Plan's Annual Plan Update; and authorize the City Manager to execute any agreements in conjunction thereto. Director of Community & Economic Development reviewed the staff report. Resolution 20862 as recommended was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that R20862 be adopted. 4. 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. City Manager continued to the item to 4-7-04. 5. PARCEL MAP 30292 — NORTHWOODS-PALM SPRINGS LLC Recommendation: That the Council approve Parcel Map 30292 prepared by Fomotor Engineering, representing Northwoods-Palm Springs LLC, to subdivide a lease-hold interest property located at 1700 Araby Drive, Section 25, T4S; approve a Subdivision Improvement Agreement for the acquisition of a fee- interest in the lease-hold interest of easements for a bus shelter, bike path and sidewalks and authorize the City Clerk to accept Grant of Easements. A4849. Director of Public Works/City Engineer reviewed the staff report. City Attorney stated that the City does have the right to condemn easements; that the developer has filed a deposit and agreed to deposit funds needed to acquire needed interests; and that the obligation has been secured through guarantees. Resolution 20863 as recommended was presented; after which, it was moved by Mills, seconded by Pougnet and unanimously carried, that R20863 be adopted. 6. TAXI-CAB COMMERCIAL SIGNAGE — INITIATION OF ZONING ORDINANCE Recommendation: That the Council consider adopting a resolution to initiate proceedings to amend the zoning ordinance to delete the current prohibition of commercial advertising on taxi-cabs and redevelop a revised ordinance providing regulations to permit commercial advertising on taxi-cabs. Director of Planning and Zoning reviewed the staff report. Council Minutes 03-24-04, Page 4 City Attorney questioned if it were the intent for the Council to separate taxi cabs from other vehicles; that currently the distinction is made; that regulation can be made for time, place and manner, but not content; and that if the Council desires to make regulations, findings will need to be made; and questioned whether the Council desires the Planning Commission to review the matter or if the Council desires a report on the issues before the item is reviewed by the Planning Commission. Mayor Oden stated that the process should be completed concurrently; that the issues concerning content, franchising and fees should be reported back to the Council and the regulation portion referred to the Planning Commission Resolution 20864 as recommended was presented; after which, it was moved by Foat, seconded by Pougnet and carried by the following vote, that R20864 be adopted. AYES: Members Foat, McCulloch, Pougnet and Mayor Oden NO: Member Mills 7. ASSESSMENT DISTRICT 162 — IRONWOOD HOMES DBA PALM SPRINGS MODERN HOMES Councilmember Pougnet declared Conflict of Interest due to property acquisition and exited the Chamber. Recommendation: That the Council consider 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 and in answer to questions by Council stated that there is one other Assessment District in place, and two other applications pending; that the amount of assessment levied on the property is the price of the public improvements; that the recommendation is consideration of waiver of City policy regarding the minimum bond amount of $2 million; that in order to underground the entire area, adjacent property owners will need to agree to the easements; that should the Council waive the $2 million minimum, the formation of the assessment district will return to Council for consideration. Motion to approve the waiver of the minimum bond amount was presented; after which, it was moved by Mills, seconded by McCulloch and the Motion was lost due to a tie vote. AYES: Members McCulloch and Mills NO: Members Foat and Mayor Oden ABSENT: Member Pougnet Councilmember Pougnet reentered the Chamber. Council Minutes 03-24-04, Page 5 ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None REPORTS & REQUESTS: 8. Treasurer's Investment Report as of January 31, 2004-received & filed. CITY COUNCIL reports or requests Mayor Oden requested a meeting be set with the Palm Springs Unified School District School Board to review common goals and direction. 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 March 24, 2004 A Special Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Oden, in the Large Conference Room, 3200 Tahquitz Canyon Way, on Wednesday, March 24, 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 March 19, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 3 of agenda this date. PRESENTATIONS: None. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business APPROVAL OF CONSENT AGENDA: None PUBLIC COMMENTS ON MATTERS LISTED ON AGENDA: None. 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. A-----. Materials to be provided. Convention Center Project Administrator reviewed the staff report. Resolution 20865 as revised to allow bid withdrawal by John Barajas Masonry and reject all other bids, was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that R20865 be adopted. NOTE: Balance of the items on this agenda was continued to 3-31-04. 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. A-----. Item continued to March 31, 2004. 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. Item continued to March 31, 2004, 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 A-----. Item continued to March 31, 2004. ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk