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Home My WebLink About2003 - MINUTES - 2/5/2003 CITY OF PALM SPRINGS ' CITY COUNCIL MINUTES FEBRUARY 5, 2003 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, February 5, 2003, 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 Hodges, Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Reverend Keith Newsome — PS Community Church- REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on January 31, 2003. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 7 of agenda this date. PRESENTATIONS: Palm Springs Shrine Club — Burn Awareness Week ' Swear-in Police Officers: Commander Ron Starrs; Officer Kyle Stjerne; Officer Brent Coon. HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: No Business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council. PUBLIC COMMENTS: Ric Service, Las Casuelas Terraza, requested that Shelter from the Storm be given a waiver regarding the requirement for providing the physical address of the home for CDBG funding. Tom Flanagan, Palm Springs, requested support regarding item 11- Willie Holland, no address given, stated that there is a building that is slated for demolition in the Desert Highland area; that he could reconstruct the building for use as a senior center and requested Council consideration of same. APPROVAL OF CONSENT AGENDA: It was moved by Oden, seconded by Hodges and unanimously carried, that Items 1 thru 7 be adopted. Review by City Manager of Consent Items to be clarified. I Council Minutes 02-05-03. Page 2 1. Approval of Minutes of January 2 and 8, 2003. , 2. MO 7247 approving plans, specifications and working details and authorizing advertisement for construction bids for the southerly terminal access roadway security reconfiguration — 300' Rule Implementation at the Palm Springs International Airport, CP02-20. 3. MO 7248 approving Change Order 1 to A4553 with Matich Corporation for additional work related to the northerly terminal access roadway project for $202,215. Total contract $1,829,842. CP02-06. 4. MO 7249 approving Change Order 1 to A4360 with T & M Construction for the Airport's Residential Sound Insulation Program — Phase III for $54,221.78. Total contract amount$2,272,109.78. CP00-30. Mills Abstain. 5. MO 7250 approving agreement with International Pavement Solutions, Inc., for the Sunny Dunes Street Improvements and Camino Real, Indian Trail & Andee Drive ARHM Overlay, Bid Schedules A, 13 and C for $235,575. CP01-15. A4636. 6. MO 7251 approving agreement with American Asphalt South Inc., for the 2002- 03 Annual Slurry Seal Project, Bid Schedule C, for $219,217.95. CP02-14. A4637. ' 7. Res 20539, 20540, and 20541 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 984081 Spurgin Spouse Mills 984092 Tenet Client EXTENDED CONSENT AGENDA: None PUBLIC HEARINGS: 8. TTM30925— MIRALESTE PARTNERS Recommendation: That the Council approve Tentative Tract Map 30926 for the construction of a gated 14-unit condominium complex and subdivision of 43,926 square feet of land into one lot. Located at 1532 Via Miraleste, Zone R-2, Section 11. Applicant: Miraleste Partners/Kenneth Bernard. 260 notices mailed. Director of Planning & Zoning reviewed the staff report and site plans on display ' in the Chamber. Mayor declared the Hearing open; there being no appearances, the Hearing was closed. Council Minutes 02-05-03, Page 3 Resolution 20542 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried that R20542 be adopted. 9. CASE 5.0937— CUP— PALM SPRINGS TENNIS CLUB Recommendation: That the Council approve a Conditional Use Permit 5.0937 to allow an expansion of the Palm Springs Tennis Center, including the addition of seven lighted tennis courts and a 576 square foot lounge building. Applicant: Palm Springs Tennis Club Members Association. 164 notices mailed. Councilmember Reller-Spurgin declared Conflict of Interest due to workplace location and serving as a subcommittee member for the Tennis Center; and exited the Chamber. 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 further business, the Hearing was closed. Resolution 20543 as recommended was presented after which, it was moved by Hodges, seconded by Oden and carried by the following vote that R20543 be adopted. AYES- Members Hodges, Mills, Oden and Mayor Kleindienst NO: None ABSENT Member Reller-Spurgin. Councilmember Reller-Spurgin 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: 10. ENRG FUEL USA INC — COMPRESSED NATURAL GAS FUELING STATION On January 15, 2003 Council continued consideration of a lease agreement with ENRG Fuel USA Inc„ for the installation, operation and maintenance of a CNG vehicle fueling station located at the Palm Springs International Airport. Staff recommends that the item be further continued to February 19, 2003. ' City Manager requested the item be continued to February 19, 2003. Motion to continue the matter to February 19, 2003 was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, that the Item be continued. Council Minutes 02-05-03, Page 4 11. VARIANCE 6.465—3863 E. CALLE SAN ANTONIO -APPEAL On January 15, 2003 Council directed staff to review issuance of a No-Build Easement regarding a carport/workshop built into the setback without permits. Staff has determined that the No-Build Easement will not affect the property line and requests certain modifications to the structure as a part of the conditions of the Variance. Acting Director of Building & Safety reviewed recommendations. Motion to overrule the Planning Commission; approve the Variance with conditions, to be ratified on February 19, 2003 was presented; after which, it was moved by Oden, seconded by Hodges and failed by the following vote. AYES: Members Hodges and Oden NO: Members Mills, Reller-Spurgin and Mayor Kleindienst ABSENT: None Motion to overrule the Planning Commission based on creation of 3 foot no build easement on east property line was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and failed by the following vote. AYES: Members Mills ' NO: Members Hodges, Oden, Reller-Spurgin and Mayor Kleindienst ABSENT: None Motion to uphold the Planning Commission decision was presented; after which, it was moved by Kleindienst, seconded by Reller-Spurgin and carried by the following vote. AYES: Members Reller-Spurgin and Mayor Kleindienst NO: Members Hodges, Oden and Mills ABSENT: None Motion to continue the matter to the February 19, 2003 to determine possible solutions were presented; after which, it was moved by Oden, seconded by Kleindienst and unanimously carried that the motion be adopted. 12. FIRST AMENDMENTS TO MERGED PROJECT AREAS 1 & 2 Recommendation: That the Council adopt responses to written objections; approve the Negative Declaration and introduce Ordinances for first reading regarding Merged Redevelopment Plan 1 and 2. Councilmember Mills declared Conflict of Interest due to property ownership in Project Area 9-1 and left the Chamber. , Councilmember Reller-Spurgin declared Conflict of Interest due to proximity of residence and left the Chamber. Director of Community & Economic Development reviewed the staff report. Council Minutes 02-05-03, Page 5 Resolution 20544 and 20545 as recommended were presented; after which, it was moved by Oden, seconded by Hodges and carried by the following vote that R20544 and 20545 be adopted. Mills & Reller-Spurgin Abstain/Absent AYES: Members Hodges, Oden and Mayor Kleindienst NO: None ABSENT: Members Mills and Reller-Spurgin City Clerk read Titles of Ordinances as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE MERGED REDEVELOPMENT PLAN FOR THE MERGED REDEVELOPMENT PROJECT NO 1 and AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE MERGED REDEVELOPMENT PLAN FOR THE MERGED REDEVELOPMENT PROJECT NO 2 It was further moved by Oden, seconded by Hodges, and carried by the following vote that further reading be waived and the Titles of the Ordinances be introduced for first reading. AYES: Members Hodges, Oden and Mayor Kleindienst NO: None ABSENT: Members Mills and Reller-Spurgin Councilmembers Mills and Reller-Spurgin reentered the Chamber. 13. CONVENTION CENTER EXPANSION — PHASE II - ENVIRONMENTAL Recommendation: That the Council approve an agreement with Terra Nova Planning & Research, Inc. for environmental consulting and documentation for the Palm Springs Convention Center Expansion - Phase II for$55,780. A4638_ City Manager reviewed the staff report. Councilmember Mills requested that the Council be able to review contracts prior to requests for approval. City Manager stated that the City Attorney and Councilmember Mills would review the contract prior to execution by the parties. Minute Order 7252 as recommended was presented; after which, it was moved ' by Mills, seconded by Hodges and unanimously carried, that M07252 be adopted. Council Minutes 02-05-03, Page 6 ' 14. BOARD & COMMISSION APPOINTMENTS On January 15, 2003, Council directed this matter be given further consideration regarding the appointing process; and that the following Boards & Commissions be considered for vacancy appointments. Motion to appoint Sharon Lock to the Human Rights Commission was presented; after which, it was moved by Hodges, seconded by Oden and failed by the following vote: AYES: Member Hodges NO: Member Mills, Oden, Reller-Sppurgin and Mayor Kleindienst Motion to appoint the following nominees were presented; after which, it was moved by Oden, seconded by Mills and carried by the following vote: AYES: Members Mills, Oden, Reller-Spurgin and Mayor Kleindienst NO: Member Hodges Helene LeClair appointed to Parks & Recreation Commission (1) Term 6-30-03 Richard N. Cadarette appointed to Human Rights Commission (1) Term 6-30-04 Council direction to continue advertising for Rent Review, Villagefest Board — Jeweler and Administrative Appeals Board vacancies. 15. ADDITIONAL LEGISLATIVE ITEMS: APPOINTMENT OF SMG SUB-COMMITTEE (2) It was moved by Kleindienst, seconded by Reller-Spurgin and unanimously carried, that Mayor Kleindienst and Councilmember Oden be appointed. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests 16. Comprehensive Annual Financial Report Fisiaal Year 2001-02 - received for filing. (Previously provided to Council via Director of Finance &Treasurer) Councilmember Oden requested presentation by Sunline at a future Study ' Session regarding Taxi regulations; and requested a Proclamation for Cabaret Week in March be issued. Council Minutes 02-05-03, Page 7 ' Councilmember Mills requested a future Study Session to review Variance Setback Issues Councilmember Hodges requested a discussion on Proclamations be scheduled. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business Mayor decla d t eeting adjourned. PATRICIA A. SANDERS City Clerk