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HomeMy WebLinkAbout4/7/2004 - STAFF REPORTS (7) CITY OF PALM SPRINGS CITY COUNCIL MINUTES MARCH 17, 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, March 17, 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, Pougnet and Mayor Oden Absent: Councilmember Mills The meeting was opened with the Salute to the Flag, and an invocation by Reverend Mike Coppersmith —Our Saviors Community Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on March 12, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 10 of agenda this date. PRESENTATIONS: Certificate of Recognition — Milgard Manufacturing. 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. City Manager requested item 25 be continued to the next regular meeting at the request of Councilmember Mills. Councilmember Foat stated that the item should be considered; that approval of the matter will only initiate the process; and that it is time to move ahead with the issue. Mayor stated that a Councilmember did request the item be continued during his absence and that typically when a Member does make this request the item is deferred. Motion to continue the item to March 24, 2004 was presented; after which, it was moved by Oden, seconded by McCulloch and failed due a Tie Vote. NOTE: When a Motion ties due to a Member absence the item is continued to the next regularly scheduled meeting, unless another date is specified. This item will be procedurally continued to March 24, 2004. I Council Minutes 03-17-04, Page 2 CITY COUNCIL PUBLIC COMMENTS: The following persons spoke in favor of Item 28: Ron Celona, Rancho Mirage Carol Balsas, Palm Springs Loren Berthelsen, Desert Hot Springs George Zander, Palm Springs Kevin Hewlitt, Palm Springs Robert R. Van Etten, Palm Springs Elaine Wainer, Palm Springs Cindy Chaisson, Palm Springs Judith Doyle, Palm Springs Thomas Van Etten, Palm Springs Luke Escone, no address given Loren ?, no address given Phil Lovedo, no address given Grace Garner, no address given The following persons spoke in opposition to Item 28: Ryan Sorba, Palm Springs Pastor Jerry Johnson, representing Lilly of the Valley Church members Evelyn Black, representing Ajalon Missionary Baptist Church members The following persons spoke on other matters: Nancy Stuart, Palm Springs, encouraged registered voters to sign an initiative petition for a State Amendment to protect City tax shares against State take. Robin Burns, representing the Taxi Cab Association, requested approval of item 25. Sergio Santo, representing the Taxi Cab Association, requested approval of item 25 and added that Sunline does not want to be the regulator over taxi cabs; and that contact had been made regarding the past 12 years of regulation by attorneys stating that the taxi cabs owners have had civil rights violated. Milt Levinson, representing the Rotary Club, requested approval of item 17. Aftab Dada, representing the hospitality industry, urged approval of item 27. Dwayne Rorball, Wyndham Hotel, requested approval of item 27. LEGISLATIVE ITEM: Legislative Action Item 28 was heard out of order. Council Minutes 03-17-04, Page 3 28. OPPOSITION TO FEDERAL CONSTITUTION AMENDMENT - MARRIAGE Recommendation: That the Council consider opposing a proposed Federal Constitutional Amendment defining marriage as a union between a man and a woman. Councilmember Foat read a prepared statement expressing support of the proposed resolution and added that the item was a personal issue; that in answer to why this item is on the agenda, it is clear that Federal consideration of this item does affect a large portion of the population; that the constitution should not be used to debate marriage; that a marriage license is a civil license; that the issue is one of public policy and should be regulated by the States, and read the proposed resolution text. Councilmember Pougnet stated that the President has called for a constitution amendment against same-sex marriage; that the issue divides the Country; that the issue is about equal rights; and is discriminatory to a targeted group and expressed appreciation for the foresight of Councilmember Foat. Councilmember McCulloch stated that the proposed resolution is from the Palm Springs City Council; that calls have been received that he is pandering to the gay community and further defined pandering. Mayor Oden stated that this is not an African American issue; that City Council duty is to support the Constitution of the United States and the State of California; that the President of the Untied States said he wanted a constitutional amendment; but that this is taxation without representation; that there are similarities between the African — American Community and the gay Community; that that these types of issues do need to be addressed; that Palm Springs is a diverse community and that appreciation is extended to the Councilmembers for support of the resolution. Resolution 20859 as recommended was presented; after which, it was moved by Pougnet, seconded by Foat and unanimously carried, Mills absent, that R20859 be adopted. CONSENT AGENDA: Mayor Oden declared Conflict of Interest due to proximity of residence and exited the Chamber. Motion to appoint Councilmember Foat as Mayor pro tem was presented; after which, it was moved by Pougnet, seconded by McCulloch and unanimously carried, Oden and Mills absent, that the Motion be adopted. 10. RACQUET CLUB ROAD SIDEWALK PROJECT Recommendation: That the Council rescind Minute Order 7358 and approve Caltrans Program Supplemental Agreement M-015 for the preliminary engineering, construction and construction engineering phases of Racquet Club Road Sidewalk Project, for $126,500. CP2002-09. A4216. Council Minutes 03-17-04, Page 4 Minute Order 7462 was presented; after which, it was moved by McCulloch, seconded by Pougnet and unanimously carried, Oden and Mills absent, that MO7462 be adopted. Mayor Oden reentered the Chamber. APPROVAL OF CONSENT AGENDA: It was moved by Pougnet, seconded by McCulloch and unanimously carried, that Items 1 thru 12, excluding 5 and 10 be adopted. Review by City Manager of Consent Items to be clarified. 1. Approval of Minutes March 3, 2004. 2. Res 20844 authorizing City Clerk to set a joint public hearing with the Community Redevelopment Agency concurring with CRA B. 3. MO 7455 approving agreement with Bighorn Institute for temporary public exhibition of a Big Horn Sheep sculpture at City Hall for six months. No General Fund expenditure. A4835. 4. Not Used. 5. See Extended Consent Agenda 6. MO 7456 approving Amendment 5 to A4372 with Pac West Land Care Inc for annual landscape maintenance services to new median islands on Gene Autry Trail in the amount of$22,656. A4372. 7. MO 7457 approving purchase from Airtonics for radio and avionics equipment for city-owned aircraft for $38,792.04. 8. MO 7458 approving agreement with Riverside County Sheriff's Department Palm Desert Police, Cathedral City, Indio and Banning Police Departments to provide additional officers for Driving Under the Influence (DUI) Project. (No General Fund expenditure). A3837. 9. MO 7459 awarding contract to International Pavement Solutions Inc, for the Calle Amigos Street Improvement Project, in the amount of $179,565. CP2003-13. A4838. 10. MO 7462 rescinding MO 7358 and approving Caltrans Program Supplemental Agreement M-015 for the preliminary engineering, construction and construction engineering phases of Racquet Club Road Sidewalk Project, for $126,500. CP2002-09. A4216 11. MO 7460 approving Change Order 2 to A4701 with Cora Contractors Inc for the Palm Springs Skate Park, reducing contract amount by $26,589.47. Total contract $924,547.13. CP2002-23. A4701. 12. Res 20845 approving Claims & Demands. Council Minutes 03-17-04, Page 5 Note abstentions, if any: None. EXTENDED CONSENT AGENDA: 5. SETTLEMENT AGREEMENT—JULES ZUFFOLETTO Recommendation: That the Council approve a settlement agreement, copy on file in the Office of the City Clerk, with Jules Zuffoletto regarding an injury. A4839. Councilmember McCulloch stated that the item was voted on in Closed Session and approved and reported out at time and questioned why the item is on this agenda. Mayor Oden stated that the item was approved to give direction to the negotiator, and now that settlement is reached the agreement does need public approval. Minute Order 7461 was presented; after which, it was moved by Foat, seconded by Pougnet and carried by the following vote that MO7461 be adopted. AYES: Members Foat, Pougnet and Mayor Oden NO: Member McCulloch ABSENT: Member Mills. PUBLIC HEARINGS: 13. CASE RV-04-01 — KEELY SMITH AND CHARLES CACI —APPEAL Recommendation: That the Council consider an Appeal of a Planning Commission denial of Recreational Vehicle Permit application RV-04-01 to allow a recreational vehicle to be parked within the front and side front yard setbacks located at 1055 E Paseo El Mirador, Zone R-1-C, Section 11. 29 Notices. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open. Charles Caci, appellant, stated that for the past 50 years of residence there has been support of all the neighbors, but there is one who is registering the complaints; that the vehicle is used for work; that it is requested that the Council approve the appeal and change the Ordinance; that there is no way to park the vehicle in the backyard without removal of the house; that there is willingness to comply with whatever conditions the Council sets forth, within reason and requested approval of the permit. There being no further appearances the Hearing was closed. Resolution 20846 upholding the Planning Commission's decision was presented; after which, it was moved by Foat, seconded by McCulloch and unanimously approved, Mills absent, that R20846 be adopted. Council Minutes 03-17-04, Page 6 14. HSPB 47—TRINA TURK AND JONATHON SKOW — 1995 CAMINO MONTE Recommendation: That the City Council approve the designation of the Ship of the Desert, a single-family residence as a Class 1 Historic Site, located at 1995 Camino Monte. 40 Notices. City Manager reviewed the staff report. Mayor declared the Hearing open; there being no appearances, the Hearing was closed. Resolution 20847 as recommended was presented; after which, it was moved by Foat, seconded by Pougnet and unanimously carried, Mills absent, that R20847 be adopted. 15. CASE 5.0954 — PD 242 - TTM 28308 — DESERT CHAPEL — NW CORNER OF SUNRISE WAY AND SUNNY DUNES On January 21, 2004, Council continued this matter approving Planned Development District 242 and Tentative Tract Map 28308 to subdivide 3.22 acres into seven single-family residential lots and three professional office lots, for property located on the northwest corner of Sunrise Way and Sunny Dunes. R- 1-C, RMPH zones, Section 23. Applicant: Desert Chapel. Director of Planning & Zoning reviewed the staff report and added that meetings were held and consensus found that the item as presented with the deferring of Condition 58 to covenant would be agreeable to both parties; and added that the General Plan does require the median to be set, however the Council could delete the requirement from the project with full concurrence of the Engineering and Planning Department Directors that there would be no impact. Mayor declared the Hearing open. Steve Rossell, Palm Springs, stated that compromise was found between the applicant and the neighbors. Peter Intravartogo, Palm Springs, stated that while the proposal is not liked, it can be lived with; and that it would be requested that the parking lot be setback to allow landscaping as a barrier. Sean Wood, representing Desert Chapel, stated that compromise has been found with the project and requested approval. Marvin Roos, Mainero Smith and Associates, expressed availability for questions and requested approval of the project. Resident, representing Desert Chapel, stated that removal of the median does assist all the neighbors; that it is requested that the map be approved with the deletion and the setback of the parking lot at 10 feet as per the neighborhood agreement. Council Minutes 03-17-04, Page 7 Joan Martin, no address given, stated that the 25-foot setback at the parking lot would be more graceful than 10 feet. There being no further appearances the Hearing was closed. Resolution 20848 as revised to defer Condition 58 to covenant and approve the 10 foot at set back was presented; after which, it was moved by Foat, seconded by Pougnet and unanimously carried, Mills absent, that R20848 be adopted. 16. COMPREHENSIVE FEE SCHEDULE AMENDMENT - DEVELOPMENT FEES Recommendation: That the Council approve amending the City's Comprehensive Fee Schedule related to various fees for Development Services. Assistant City Manager handed out an update on the proposed fees, copy on file in Office of the City Clerk and added that Mr. Wakefield, consultant for the project was available for any questions on the determinations. Mayor declared the Hearing open. Ed Kibby, BIA, stated that it is requested by the Building Industry Association that the Council direct staff to separately account for the Technology and General Plan Maintenance fees; that a three year maximum be place for the study and a new study be done after that time; that in addition it is requested that staff keep logs of the time spent on the various functions so that the next study will have real time, not estimates as the proposal did have to use; that even with the increases, the fees that will be charged by the City are median for the Valley; that it is understood by the Industry that fees have not been increased in an overlong period and while the increases are substantial, it is understandable, but that with a CPI increase each year and a new study performed with accurate time there should be no further large "catch ups" in the future and questioned the proposed technology fee of .73 to the newly proposed technology fee of$1.30. There being no further appearances, the Hearing was closed. In answer to questions by Council, Assistant City Manager stated that originally the technology fee was an estimate; that now that the E-Gov price has been established the fee has been corrected to cover the cost of $375,000; that Section 4 of the Resolution does specify how revenues could be spent and could be revised to add the Technology and General Plan fees be designated to the acquiring of new technology related to those items; that the Resolution in Section 5 calls for a CPI increase each year until time that the City Council determines that a new study is done, which is typically 5 years. Mayor Oden expressed concern about the E-Gov cost and for raising fees on a service that is not currently provided. Assistant City Manager stated that it will take a long time to offset the E-Gov cost; that the fees in the study will assist in offsetting those costs and that the fees could be lowered at a future date when the cost is recovered. Council Minutes 03-17-04, Page 8 Mr. Wakefield, MuniFinancial, stated some costs are ongoing while others will assist in hardware costs; and that once the fees are approved, the General Fund subsidy will end. Resolution 20849 as revised, to modify Section 4 to include the restriction of the Technology and General Plan Maintenance fees in separate funds was presented; after which, it was moved by Pougnet, seconded by Foat and carried by the following vote, that R20849 be adopted. AYES: Members Foat, McCulloch and Pougnet NO: Mayor Oden ABSENT: Member Mills. 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. VIETNAM MEMORIAL MOVING WALL PRESENTATION Recommendation: That the Council approve sponsoring the presentation of the Vietnam Memorial Moving Wall at Cerritos Field, April 19 - 25, 2004, organized by the Rotary Club of Palm Springs, and waive the normal park use fee. City Manager requested approval. Minute Order 7463 as recommended was presented; after which, it was moved by Foat, seconded by Oden and unanimously carried, Mills absent, that MO7463 be adopted. 18. 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. City Manager requested the item be continued to March 24, 2004. 19. 2004 PALM SPRINGS SMOOTH JAZZ FESTIVAL Recommendation: That the Council approve suspending certain regulatory ordinances related to the 2004 Palm Springs Smooth Jazz Festival, May 14 and 15, 2004. City Manager requested the item be continued to March 24, 2004. Council Minutes 03-17-04, Page 9 20. 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. City Manager requested the item be continued to March 24, 2004. 21. 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 requested the item be continued to March 24, 2004. 22. 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. A----. City Manager requested the item be continued to March 24, 2004. 23. CONVENTION CENTER EXPANSION PHASE II PROJECT Recommendation: That the Council approve 8 trade agreements for the Convention Center Expansion Phase II Project, subject to the sale of bonds, CP02-27. A4740 through A4847. (8). Convention Center Project Administrator reviewed the staff report. a) If desired, the following eight (8) resolutions, as recommended: Res 20850 American Demo $ 369,233.00 A4840 Res 20851 Shoring Engineers 153,000.00 A4841 Res 20852 Precision Concrete 352,275.78 A4842 Res 20853 Precision Concrete 1,897,000.00 A4843 Res 20854 Temecula Mechanical 700,000.00 A4844 Res 20855 K & S Mechanical 2,648,743.00 A4845 Res 20856 Shasta Fire Protection 269,000.00 A4846 Res 20857 Cove Electric 1,511,000.00 A4847 Council Minutes 03-17-04, Page 10 24. CONVENTION CENTER EXPANSION PHASE II PROJECT Recommendation: That the Council approve an agreement with XXXXX , Bid Schedules XX through XX, for the Palm Springs Convention Center Expansion Phase II Project for parking lot and street improvements, CP02-27 A----. Materials to be provided. City Manager withdrew the item. 25. 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. City Manager requested the item be continued to March 24, 2004. 26. ASSESSMENT DISTRICT 162 — IRONWOOD HOMES DBA PALM SPRINGS MODERN HOMES 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. City Manager requested the item be continued to March 24, 2004. 27. WHITE PARTY FIFTEEN Recommendation: That the Council adopt a resolution suspending certain regulatory ordinances to facilitate the White Party Fifteen planned events from April 9 — 11, 2004, at various locations throughout the City. Resolution 20858 as recommended was presented; after which, it was moved by Foat, seconded by Pougnet and unanimously carried, Mills absent, that R20858 be adopted. 28. OPPOSITION TO FEDERAL CONSTITUTION AMENDMENT - MARRIAGE (This item was heard out of order, at the beginning of the meeting.) 29. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: Council Minutes 03-17-04, Page 11 30. Treasurer's Investment Report as of January 31, 2004. City Manager requested the item be continued to March 24, 2004. CITY COUNCIL reports or requests PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk