HomeMy WebLinkAbout2003 - MINUTES - 2/19/2003 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES ,
FEBRUARY 19, 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 19, 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 Dr. Phillips —
Church of Religious Science.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on February 14, 2003.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 9 of agenda this date,
PRESENTATIONS: Certificate of Appreciation — Mr. Michael Holzman-Rent Review
American Lung Assoc. Platinum Lung Award
HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT
AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business
PUBLIC COMMENTS:
Steven Payne, Palm Springs, expressed appreciation for support on the building of the
bridge spanning Indian Canyon Drive.
David & Gail Schultz, Palm Springs, expressed appreciation on behalf of PS Modern
Committee for the purchase of the Tramway Gas Station to be used as a Visitors Center.
Alan Bidwell, Palm Springs, stated that Rotary would present a "Putt for Polio" at
upcoming Villagefests as a fundraiser.
Tom Flanagan, Palm Springs, requested support regarding item 17.
Willie Holland, Palm Springs, requested assistance to rehabilitate a property into a
senior facility, rather than the Agency demolishing the building.
The following persons spoke in support of item 18:
Ed Switch, Palm Springs Hotel & Hospitality Association ,
Mary Go Gunther, Palm Springs
Joy Meredith, Crystal Fantasy
Aftab Dada, General Manager Hilton
I
Council Minutes
02-19-03, Page 2
APPROVAL OF CONSENT AGENDA:
It was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that Items
1 thru 11 be adopted.
Review by City Manager of Consent Items to be clarified.
1. Approval of Minutes January 15, 2003.
2, MO 7253 approving agreement with Prudential Overall Supply for uniform rental
cleaning services for parks, facilities maintenance, fleet operations and street
personnel, for a term of three years for$23,800 per year_ A4643.
3_ Res 20546 authorizing a joint application between the City and the Agua Caliente
Band of Cahuilla Indians to the Mouse Committee on Transportation and
Infrastructure for $15.3 million in TEA 21 Reauthorization (TEA 3) Grant Funds
for the construction phase of the Indian Canyon Drive and Interstate 10
Interchange. CP 2000-14.
4. MO 7254 approving an encroachment license with Rosenau Investments, Inc to
allow the construction and maintenance of a 12 foot wide arcade (tower) and a
10 foot wide covered walkway within the public right-of-way located at 610 and
622 North Palm Canyon Drive. A4644.
5. MO 7255 approving purchase from Cab-Tech Manufacturing for four retail carts
for use at the Palm Springs International Airport for a per unit price of $17,200,
total contract $82,500.
6. MO 7256 approving purchase from Versatile Information Products, Inc for a
computerized voice logging recorder system, Schedule A, for the Palm.Springs
International Airport for$39,485.88.
7. MO 7257 approving agreement with O"Linn Executive Security for security guard
services at the Palm Springs International Airport for a term of one year at
$75,600. A4645. Fully FAA funded.
8. Res 20547 approving Parcel Map 30843, Essi Shanandeh, representing Regal
Homes Inc., to subdivide property located at 3101 and 3121 North Indian Canyon
Drive, T4S R4E, Section 3. A4646.
9, MO 7258 approving Change Order 5 to A4522 with DBX Inc for the Tahquitz
Canyon Signal Interconnect Project for $9,506.89. Total contract $787,022.46.
CP00-05.
10. Not Used.
11. Res 20548 and 20549 approving Payroll Warrants and Claims & Demands.
' Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Mills 984403 C. Kell-Smith Business related
Reller-Spurgin 984545 Spurgin Spouse
984666
Council Minutes
02-19-03, Page 3
EXTENDED CONSENT AGENDA: None '
PUBLIC HEARINGS:
12. CASE 5.0916, 5.0938 AND 5.0941
GENERAL PLAN AMENDMENTS FOR LAND USE & CIRCULATION
Recommendation: That the Council approve a Mitigated Negative Declaration
and approve application by Matthew Dragicevich Charitable Remainder Trust to
redesiginate 5.11 acres of land located at 4155 Matthew Drive from M15
(Medium Density Residential) to GC (General Commercial) and C (Conservation)
for property located at 4155 East Matthew Drive, R-2 and R-1-AH zone, Section
30; redesiglnate 3.27 acres from M15 (Medium Density Residential) to H30
(Medium-High Density Residential) for property located at the northeast corner of
Murray Canyon Drive and Sierra Madre, R-2 and O zone, Section 35; and delete
an unimproved portion of Arenas Road between Sunrise Way and Hermosa
Drive from the Circulation Plan. 251 Notices mailed.
Councilmember Reller-Spurgin declared Conflict of Interest due to proximity of
residence and left 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 appearances the Hearing was
closed.
Resolution 20550 as recommended was presented; after which, it was moved by
Hodges, seconded by Mills and carried by the following vote, that R20550 be
adopted.
AYES: Members Hodges, Mills, Oden and Mayor Kleindienst
NO: None
ABSENT: Member Reller-Spurgin.
Member Reller-Spurgin reentered the Chamber.
13. ZONING MAP AMENDMENT
DRAGICEVICH CHARITABLE REMAINDER TRUST
Recommendation: That the Council approve a change of zone for a 5A1 acre
parcel from R-2 (Limited Multiple Family Residential) and R-1-AH (Single Family
Residential) to C-M (Commercial Manufacturing) and 0-20 (Open Land) for
property located at 4155 East Matthew Drive, R-2, R-1-AH zone, Section 30.
Applicant: Matthew Dragicevich Charitable Remainder Trust. 21 Notices mailed.
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 appearances, the
Hearing was closed.
City Clerk read Title of Ordinance as follows:
Council Minutes
02-19-03, Page 4
' AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM
R-2 and 2-1-AH to C-M and 0-20 FOR THE PROPERTY LOCATED AT 4155 E.
MATTHEW DRIVE, ZONE R-2 AND R-1-AH, SECTION 30
after which, it was moved by Hodges, seconded by Oden and unanimously
carried that further reading be waived and the Ordinance be introduced for first
reading.
14. Case 5.0941 - TTM 30941 - PALM SPRINGS MODERN HOMES
Recommendation That the Council approve a Mitigated Negative Declaration
and Tentative Tract Map 30941 for the construction of 48 condominium units with
improvements for property located at 1460 and 1550 East Baristo Road, R-4
zone, Section 14. Applicant: Palm Springs Modern Homes LLC, Dennis
Cunningham. 80 Notices mailed.
Councilmember Reller-Spurgin declared Conflict of Interest due to proximity of
work site and left the Chamber.
Director of Planning & Zoning reviewed the staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open.
' Lloyd Maryanov, representing the applicant, requested approval of the project.
Marvin Roos, Maineno, Smith & Associates, representing the applicant,
requested approval of the project.
There being no further appearances; the Hearing was closed.
Resolution 20551 as recommended was presented; after which, it was moved by
Oden, seconded by Mills and carried by the following vote that R20551 be
adopted.
AYES: Members Hodges, Mills, Oden and Mayor Kleindienst
NO: None
ABSENT: Member Reller-Spurgin.
15. ZONING MAP AMENDMENT
Case 5.0938— PD 282 —TTM 31006 - LAGUNA PACIFIC/CANYON VISTA
Recommendation: That the Council approve Planned Development District 282
in-lieu of a Change of Zone and Tentative Tract Map 31006 for the construction
of 66 timeshare units with improvements for property located at the norlheast
corner of Murray Canyon Drive and Sierra Madre, R-2 and 0 zone, Section 35.
Applicant Laguna Pacific — Brad Gorman; Canyon Vista — Joe Morreale. 151
Notices mailed.
Director of Planning & Zoning reviewed the staff report and visual site plans on
display in the Chamber; and added that the applicant is requesting a continuance
to February 26, 2003.
Council Minutes
02-19-03, Page 5
Mayor declared the Hearing open. ,
Ted Miltan, Palm Springs, stated that the multi-density of the project will increase
traffic on Murray Canyon Way and that a wall does need to be provided around
the golf course area to provide protection for existing homeowners.
Jan Hart, General Manager, Canyon Country Club, stated that some type of
barrier does need to be constructed around the golf course.
City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM
R-2 AND 0 TO PD 282 FOR THE PROPERTY LOCATED AT THE
NORTHEAST CORNER OF MURRAY CANYON DRIVE AND SIERRA MADRE,
ZONE R-2 AND 0, SECTION 26
after which, it was moved by Hodges, seconded by Reller-Spurgin and
unanimously carried, that further reading be waived and the Ordinance be
introduced for first reading;
and
Motion to continue the Hearing was presented; after which, it was moved by
Hodges, seconded by Reller-Spurgin and unanimously carried that the Hearing
be continued to February 26, 2003.
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. ORDINANCES FOR SECOND READING &ADOPTION (Intro 2-5-03)
MERGED PROJECT PLANS 1 & 2
Councilmember Mills declared Conflict of Interest due to property ownership in
project area 9-1 and Councilmember Reller-Spurgin declared Conflict of Interest
due to proximity of residence and both left the Chamber.
City Clerk read Title of Ordinance 1623 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE MERGED REDEVELOPMENT PLAN FOR MERGED
REDEVELOPMENT PROJECT AREA 1
and '
City Clerk read Title of Ordinance 1624 as follows:
Council Minutes
02-19-03, Page 6
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE MERGED REDEVELOPMENT PLAN FOR MERGED
REDEVELOPMENT PROJECT AREA 2
after which, it was moved by Oden, seconded by Hodges and carried by the
following vote, that further reading is waived and Ordinances 1623 and 1624 be
adopted.
AYES: Members Hodges, Oden and Mayor Kleindienst
NO. None
ABSENT: Members Mills and Reller-Spurgin.
Councilmembers Mills and Reller-Spurgin reentered the Chamber.
17_ VARIANCE 6.465—3863 E. CALLE SAN ANTONIO -APPEAL
On February 5, 2003 Council continued this matter to this date to allow additional
time for staff, applicant and subcommittee of the Council to consider options
concerning the property and the granting of a variance. Staff recommends the
item be continued to February 26, 2003 (Adjourned Meeting) for further
investigation.
City Manager stated that the intent was to request a continuance of the matter,
' but that the subcommittee had reached resolution of the item.
Director of Planning &Zoning reviewed the proposed resolution.
Resolution 20552 as recommended was presented; after which, it was moved by
Mills, seconded by Oden and carried by the following vote that R20552 be
adopted.
AYES: Members Hodges, Mills, Oden and Reller-Spurgin
NO: Mayor Kleindienst
ABSENT. None.
18. 2003 AMERICAN HEAT BIKE WEEKEND
Recommendation: That the Council temporarily suspend certain regulatory
Ordinances to facilitate the 2003 American Heat Bike Weekend to be held
October 17— 19, 2003.
Director of Parks & Facilities reviewed the staff report.
Police Commander stated that the management of the Police Department is
opposed to the event due to the potential of violence; but if it is the Council's
desire to approve the item, all effort will be given to assist with the event.
' Resolution 20553 as recommended was presented; after which, it was moved by
Oden, seconded by Hodges and carried by the following.
AYES: Members Mills, Oden and Reller-Spurgin
NO: Member Hodges and Mayor Kleindienst
ABSENT: None.
Council Minutes
02-19-03, Page 7
19. ENRG FUEL USA LEASE ,
Recommendation: That the Council approve 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 for a term of 10 years
with options (4) for additional 20 years, total term 30 years, for rent at a
percentage of gross sales. A4647.
Executive Director—Airports reviewed the staff report.
Minute Order 7259 as recommended was presented; after which, it was moved
by Oden, seconded by Mills and unanimously carried, that MO7259 be adopted.
20. PROCUREMENT SOFTWARE
2002-03 FISCAL YEAR BUDGET AMENDMENT
Recommendation: That the Council approve negotiating an agreement, subject
to Council approval, with Periscope Holdings Inc., for upgrade of procurement
software for $85,553.50; and amend the budget in the amount of $25,000
thereto.
Director of Procurement & Contracting reviewed the staff report.
Minute Order 7260 and Resolution 20554 as recommended were presented;
after which, it ,was moved by Reller-Spurgin, seconded by Oden and '
unanimously carried, that MO7260 and R20554 be adopted.
21. CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT (OTS)
2002-03 FISCAL YEAR BUDGET AMENDMENT
Recommendation: That the Council accept a State Grant from the California
Office of Traffic Safety (OTS) for the enforcement of driving under the influence
(DUI) laws for a term ending June 30, 2003 for $150,000. No General Fund
expenditure.
City Manager reviewed the staff report.
Minute Order 7261 and Resolution 20555 as recommended were presented;
after which, it was moved by Reller-Spurgin, seconded by Oden and
unanimously carried, that MO7261 and 20555 be adopted.
22. EXECUTIVE DIRECTOR—AIRPORTS RETIREMENT DELAY PACKAGE
Recommendation: That the Council approve a retirement delay package for the
Executive Director — Airports to ensure a timely and smooth transition from
design to construction on the Convention Center Phase II Expansion Project and
Airport Security Projects.
City Manager reviewed the staff report.
Resolution 20556 as recommended was presented; after which, it was moved by
Hodges, seconded by Mills and unanimously carried, that R20556 be adopted.
Council Minutes
02-19-03, Page 8
' 23, CITY ATTORNEY SERVICES—ALESHIRE &WYNDER
Recommendation: That the Council approve an agreement with Aleshire &
Wynder, LLP for City Attorney services for a term commencing February 19,
2003, until terminated by either party at a blended fee rate for legal services.
A4648.
Councilmember Oden stated that new counsel is needed.
Minute Order 7262 as recommended was presented; after which it was moved by
Hodges, seconded by Reller-Spurgin and carried by the following vote, that
M07262 be adopted.
AYES: Members Hodges, Mills, Reller-Spurgin and Mayor Kleindienst
NO: Member Oden
ABSENT: None.
ADDITIONAL LEGISLATIVE ITEMS:
24A. EASTER BOWL
2002-03 FISCAL YEAR BUDGET AMENDMENT
Recommendation: That the Council approve an amendment to the 2002-03
fiscal year budget in support of the Easter Bowl Tournament for$15,000.
Resolution 20557 amending the budget was presented; after which, it was
moved by Oden, seconded by Reller-Spurgin and unanimously carried, that
R20557 be adopted.
24B. RIVERSIDE COUNTY DATE FESTIVAL
2002-03 FISCAL YEAR BUDGET AMENDMENT
Recommendation: That the Council approve an amendment to the 2002-03
fiscal year budget in support of the Riverside County Date Festival for$5,000.
Resolution 20558 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried that R20558 be
adopted.
24C. COUNCIL RULES & PROCEDURES— MEETING DURATION
Recommendation: That the Council amend its Rules and Procedures to adopt a
policy to adjourn its meetings at or before 11:00 p.m. If the Council has not
completed all items of the Agenda by 11:00 p.m., the Council shall, at that time,
either 1) waive the adjournment hour by formal motion, or 2) adjourn to time, date
and place certain at which time the remaining Agenda items will be heard.
' Councilmember Mills stated that the action is not necessary and questioned the
impact of such a procedure in maintaining a business friendly atmosphere.
Council Minutes
02-19-03, Page 9
Resolution 20559 as recommended was presented; after which, it was moved by '
Reller-Spurgin, seconded by Hodges and carried by the following vote, that
R20559 be adopted.
AYES: Members Hodges, Oden, Reller-Spurgin and Mayor Kleindienst
NO: Member Mills
ABSENT: None.
24D. TRIBAL DISTRIBUTION FUND
Recommendation: That the Council approve a resolution endorsing the Tribal
Alliance of Sovereign Indian Nations (TASIN) Local Government Committee's
Formula for the Indian Gaming Special Distribution Fund.
Fire Chief reviewed the staff report.
Resolution 20560 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried, that R20560 be
adopted.
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests '
25. Received for Filing: Treasurer's Investment Report-December 31, 2002
Councilmember Oden requested a letter of support regarding Marquis employees
rehiring; and questioned the procedure to further the relationship with Mexicali.
Councilmember Hodges requested that future budgets include funding for the
Riverside County Date Festival and Easter Bowl.
Mayor requested a letter of opposition to the State of California regarding the
proposed cuts on tourism funding.
Councilmember Mills requested a letter of opposition regarding solar power
taxation being considered by State; that the median Islands on Sunrise and Vista
Chino need cleaning; and that Code Enforcement does need to review the
signage appearing on various construction fencing throughout the City.
PUBLIC reports or requests: None
STAFF reports or requests: None
ADJOURNMENT:
There being no further ayor d e the meeting adjourned. ,
PATRICIA A. SANDERS
City Clerk