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HomeMy WebLinkAbout2003 - MINUTES - 7/2/2003 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 2, 2003 ' 1 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, July 2, 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 Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: Councilmember Hodges The meeting was opened with the Salute to the Flag, and an invocation by Father Andrew Green Church of St. Paul in the Desert. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on June 27, 2003. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 8 of agenda this date. PRESENTATIONS: Swear-in Police Officer Ranae Dallas 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, PUBLIC COMMENTS: Dr. McKinney expressed appreciation for increase in time allowed for feeding at the Frey Building; and added that there has been an increase in the feeding of the poor. Latifa Klitzner, Ramon Mobile Home Park, stated that the item pertaining to rent control should have been passed by the Council; that most mobile home folks are voters; that most live on fixed incomes; and questioned the date for the next proposed ordinance to be discussed. City Manager stated July 16, 2003. Hal Stone, discussed past zoning issues with the airport and requested the City Manager and Executive Director of Airports review lands impacted; that no one was notified of the Hearings; and that no one has discussed the problems the homeowners are facing. APPROVAL OF CONSENT AGENDA: Items 1 thru 11. Review by City Manager of Consent Items to be clarified. Councilmember Mills requested item 8 be clarified. Council Minutes 07-02-03, Page 2 City Engineer stated that plans were received this date for the project; that the plans have not been fully reviewed to verify consistency to the plans previously reviewed in study session; that there has been some breakout of improvements of East Palm Canyon to assist with budget issues; and that some of the improvements on Tahquitz Canyon Way have been eliminated. Councilmember Mills questioned if the property owner submitted drawings. City Engineer stated that this date the property owner's sidewalk work plans were submitted. Director of Downtown Development stated that developer is not repaving the area; that plans for our portion of the project are complete, but are exceeding budget due to handicap walls and additional landscaping; that some areas were deleted to get closer to budget; that review of developers plans indicate removing the trellis and replacing with tile, with minimal paver work and treatment; and under theory it will be torn up again in a few years; that plans are not complete; the elevations, colors, awnings are not submitted yet. Councilmember Mills stated that what the City ends up with is missing trellis; new landscaping by the City, a storefront that looks like it did 20 years ago and patched tile work. . Mayor questioned whether the tile would be removed and patched or newly done. Director of Downtown Development stated that the patchwork would be there at least five years but that it would be complete and look like a unified project. Councilmember Reller-Spurgin stated that the work is in the summer season; and questioned the status of the present tenants. Director of Downtown Development stated that the work would be complete by November 10, 2003; that the bid must be awarded by July 30, 2003, with demolition performed in the months of August and September; that the improvements will occur September through December; that the owner is working with the tenants and it is not clear what the final determination on location will be; and that all trellis' will be removed. Mayor expressed support for the project on the City side; that the developer of the center has his own obligations and plans; but that overall the project is a benefit for the community. Councilmember Mills expressed support of the project based on the past history of Mr. Wessman doing a good job in previous developments in the City. ' It was moved by Oden, seconded by Reller-Spurgin and unanimously carried, Hodges absent, that items 1 through 11, excluding item 7 and 10 be adopted. 1. Approval of Minutes May 27, June 2, 4, 11 and 11, 2003. Oden abstain on 5-27- 03 and Reller-Spurgin abstain on 6-2-03. Council Minutes 07-02-03, Page 3 2. MO 7333 approving a lease with Palm Springs Unified School District for a hangar lease located at the Palm Springs International Airport for a term through June 30, 2005 at a lease monthly rate of$1,993.95. A4729. Mills abstain due to business client. 3. MO 7334 approving Amendment 3 to A4334 with Simat, Helliesen & Eichner, Inc for an additional one-year term for air service development and marketing for $125,000. 4. MIO 7335 approving Amendment 1 to A4605 with Motorola Communications for maintenance support of the Motorola 800 Mhz radio system for an additional one-year term (FY 2003-04) for $75,002. 5. Res 20643 approving a time extension for one year for Case 5.0870, PD268 request by Ernest G. Noia, for property located on 273 acre site at the intersection of Crossley Road and Mesquite Avenue. W-M-1, M-1 and W zones, Section 20. 6. Res 20644 approving a time extension to September 18, 2006 for Tentative Tract Map 29788 request by Barbara Foster Henderson for a lot subdivision of 4.71 gross acres located between Ramon Road and Sunny Dunes Road, west of La Mirada Road, R-1-A zone, Section 22. 7. MO 7336 approving agreement with J. Cardenas Construction for the Racquet Club Road sidewalk project for $78,638.50. CP02-09. A4730. Mills abstain due to proximity of residence. 8. SEE EXTENDED CONSENT AGENDA 9. MO 7337 authorizing the City Manager to execute a purchase order for natural gas for a term of 24 months, beginning September 1, 2003. 10. Res ------- approving Final Map 30941 for Mainiero, Smith & Associates representing Palm Springs Modern Homes II to subdivide property located at 1450 and 1500 East Baristo Road, T4S, R4E, Section 14. A------. Cont'd to 7-16- 03 11. Res 20645 and 20646 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 989022 Spouse Mills 989031 Business related EXTENDED CONSENT AGENDA: Council Minutes 07-02-03, Page 4 ' 7. RACQUET CLUB SIDEWALK PROJECT Councilmember Mills declared Conflict of Interest due to proximity of residence and exited the Chamber. Councilmember Oden declared Conflict of Interest due to proximity of residence and requalified to vote. City Engineer reviewed the staff report. Minute Order 7338 approving agreement with J. Cardenas Construction for the Racquet Club Road sidewalk project for $78,638.50. CP02-09 was presented; after which, it was moved by Reller-Spurgin, seconded by Kleindienst and unanimously carried, Hodges absent and Mills abstain, that MO7338 be adopted. Councilmember Mills reentered the Chamber at this time. PUBLIC HEARINGS: 12. AIRPORT MASTER PLAN UPDATE —CS 5.0438 Mayor declared Conflict of Interest due to FPPC ruling and exited the Chamber. ' On June 18, 2003 staff continued this item for approval of Case 5.0438 Airport Master Plan update and mitigated negative declaration for property located at 3400 E. Tahquitz Canyon Way, Zone A, 0, M-1, M-1-P, W-A, and CC, Section 7, 12, 13 and 18. Director of Planning & Zoning reviewed the staff report. Executive Director — Airports reviewed summary plan handout, copy on file in Office of the City Clerk. Mayor declared the Hearing open. Hal Stone, Palm Springs, stated that he was on the committee to discuss the potential master plan, but was not notified of the last few meetings; that he was excluded from the planning sessions and final hearings; that Alternative 1 & 2 indicate new construction located behind the residential homes; that Alternative 2 indicates hangers being built, instead of Civic Drive located behind the houses; that Civic Drive is proposed to be moved behind the rental car facilities; that in any case Civic Drive will end and lack 100 feet in connecting; that the noise would be 300-400 feet away from homes; that the FAA generally does not allow anything to be built on land other than airport facilities; that Civic Road is used by the public and with the new Alternative would be blocked; that the residents are running out of patience; that since 1960 the residents have been trying to get the problem solved regarding the walls and no landscaping; that the situation is not right; that it does not make any sense in the proposed master plan to put a portion of a street in and not connect it to the existing street; that if the street connected, the result would eliminate all traffic noise; and that right now noise is out of control and urged denial of master plan. Council Minutes 07-02-03, Page 5 There being no further appearances, the Hearing was closed. Executive Director — Airports stated that it is not clear why Mr. Stone was not notified; that the notice was mailed; that documents with alternatives were used in the planning process; that two alternatives did not work; that the land use includes an apron and hangers and has not changed; that the project to buffer the noise has been changed to try to improve the situation; and that there will be no stub of Civic Drive; but that the recommendation for the rerouting of Civic would not work due to existing leases and the necessity of relocating the fuel farm and rental car agencies. Councilmember Mills stated that when the reroute was originally done, the buffer zone was to be landscaped and maintained by the City; that the City has been remiss in the installation and maintenance; that the proposal includes an 8 foot masonry wall and that the plan will cost an estimated $500,000. Resolution 20647 as recommended was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried, Hodges and Kleindienst abstain, that R20647 be adopted. Mayor reentered the Chamber at this point. 13. T'TM 31256 —Cs 3.2349 —ALEJO/CABALLEROS, LLC On June 18, 2003 staff continued this item for approval of Tentative Tract Map 31256 for the construction of 14 condominium units and associated on and off- site improvements for property located at 977 Alejo Road. Section 14, Zone RGA. Applicant Alejo/Caballeros, LLC. 65 Notices mailed. Councilmember Reller-Spurgin declared Conflict of Interest due to proximity of residence and exited the Chamber. Director of Planning & Zoning reviewed the staff report and visual plans on display in chamber. Mlayor declared the Hearing open. Dennis Greyman, applicant, stated that the exit to Avenida Caballeros is emergency exit only. There being no further appearances, the Hearing was closed. Resolution 20648 as recommended was presented; after which, it was moved by Cden, seconded by Mills and unanimously carried, Hodges absent and Reller- Spurgin abstain, that R20648 be adopted. Councilmember Reller-Spurgin reentered the chamber at this point. 14. APPEAL— CS 5.0827, RALPHS/SAV-ON SIGNAGE On May 27, 2003 Herb Lundin filed an appeal of the Planning Commission decision denying joint monument signing of Ralphs and SavOn signage to be Council Minutes 07-02-03, Page 6 ' constructed on both Sunrise Way and Ramon Road locations; on May 29, 2003 Frank Tysen filed an appeal of Planning Commission decision to allow face and halo illumination of the main Ralph's and Sav-On building signs. The City Council may uphold, override or modify the decision of the Planning Commission. At the conclusion of the public hearing, direction is needed for staff to prepare a resolution of the Council's decision at its next meeting. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open. Frank Tysen, Palm Springs, stated that many of the design issues have been resolved; that there is concern on type of illumination; that the night lighting seems excessive; that the signage should not spoil the architecture; that the solution found for Jack In The Box was a good compromise; and reviewed a letter as on file in the Office of the City Clerk. Mr. Beaver, applicant, expressed anticipation as the opening is getting closer; that there are other tenants that have signed on such as Panda Express, Curves, Video Depot and others; that the soft opening is planned for July 30; that Mr. Tysen was worked along side the architect, Mr. Cioffi throughout the process; that the signage color was approved by Planning Commission; that it is requested the Planning Commission decision be affirmed; that there are only 28 days to opening; that the other issue is the monument name of Ralphs Savon Center; that the City has established a precedence to naming centers for the anchor tenant; that this center has two major anchors; that most other grocery and major tenants in City as so named; that for instance the center at Smoke Tree is named Ralphs Longs Smoketree Center; that this project is the same as is Staters Dairy Queen, or Albertsons Drugstore center; that the name is consistent in keeping with other grocery centers and requested approval of monument name as Ralphs Savon. Mike Redd, Ralphs Savon real estate department, stated that as a practical matter people will refer to this as the Ralphs Savon center; that the City has approved like names in the past; that this location will be the first full service Savon in town; that the grand opening is anticipated to occur in late September and that consideration of the signage program is appreciated. Laura Hiness, Ralphs Savon real estate department, stated that the signage was needed; that the Ralphs store has located many years at the present location; that the grand opening is in jeopardy due to the delay of signage and requested approval of the sign program. Lloyd Francis, sign contractor, stated that the sign is low key; that the red does not illuminate like neon red; that the backlight is white; and that this is the same sign as used at Pacific Palisades; and other Southern California areas. There being no further appearances the Hearing was closed. Resolution 20649 upholding the Planning Commission decision regarding colors and overruling Planning Commission on name of monument sign and find the Council Minutes 07-02-03, IPage 7 centers name is Ralphs Savon was presented; after which, it was moved by Mils, seconded by Oden and carried by the following vote that R20649 be adopted. AYES: Members Mills, Oden and Reller-Spurgin NO: Mayor Kleindienst A13SENT: Member Hodges 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: 15. MUNICIPAL CODE AMENDMENT— DRUG PARAPHERNALIA SECOND READING & ADOPTION — CHAPTER 11.92 (Intro 6-18-03) City Clerk read Title of Ordinance 1629 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING CHAPTER 11.92 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE DISPLAY AND SALE OF DRUG PARAPHERNALIA after which; it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, Hodges absent, that Ordinance 1629 be adopted. 16. MUNICIPAL CODE AMENDMENT- SEWERS Recommendation: That the Council amend Section 15.14.020 of Title 15 of the Palm Springs Municipal Code clarifying conditions of requiring connection of existing buildings to the public sewer; repeal Resolution 15188 and re-establish policy for the granting of exemptions of residential properties from connection to the public sewer system. Councilmember Reller-Spurgin declared Conflict of Interest due to work relations and exited the Chamber. Director of Public Works/City Engineer reviewed staff report. Resolution 20650 as recommended was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, Hodges and Reller-Spurgin absent, that R20650 be adopted. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 15.14.020 TO THE PALM SPRINGS MUNICIPAL CODE TO CLARIFY CONDITIONS REQUIRING CONNECTION OF EXISTING BUILDINGS TO THE PUBLIC SEWER Council Minutes 07-02-03, Page 8 after which; it was moved by Oden, seconded by Mills and unanimously carried by the following vote that further reading be waived and the Ordinance be introduced for first reading. 17. MUNICIPAL CODE AMENDMENT - RENT Recommendation: That the Council find and declare the urgency of the addition of Section 4.08.136 to the Palm Springs Municipal Code relating to the conversion of rental mobile home parks to resident ownership; and introduce for first reading the same amendment. City Attorney withdrew the item. 18. RESOLUTION OF CONVENIENCE & NECESSITY — STRINGSTONE ENTERPRISES dba THE HOUSE OF NINJA Recommendation: That the Council approve a Resolution of Convenience and Necessity for a type 41 liquor license for a new restaurant located at 707 North Palm Canyon Drive, Zone C-1, Section 10. Applicant Stringstone Enterprises. Director of Planning & Zoning reviewed the staff report. Councilmember Reller-Spurgin stated that support cannot be leant to approving the use of alcohol. Resolution 20651 as recommended was presented; after which, it was moved by Mills, seconded by Oden and carried by the following vote, that R20651 be adopted. AYES: Members Mills, Oden and Mayor Kleindienst NO: Member Reller-Spurgin ABSENT: Member Hodges 19. 2002-03 FISCAL YEAR CONTINUING APPROPRIATIONS Recommendation: That the Council authorize the continuation of appropriations from fiscal year 2002-03 budget for projects not completed. Director of Finance & Treasurer reviewed the staff report. Resolution 20652 as revised to include Visitor Center funding was presented; after which, it was moved by Mills, seconded by Oden and unanimously carried, Hodges absent, that R20652 be adopted. Councilmember Mills declared Conflict of Interest and exited the Chamber. Resolution 20653 approving funding for Racquet Club sidewalk funds was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, Hodges and Milts absent that R20653 be adopted. Council Minutes 07-02-03, Page 9 20. VILLAGEFEST RULES AND REGULATIONS Recommendation: That the Council approve various amendments to the VillageFest Rules and Regulations. Director of Downtown Development Center reviewed the staff report. Minute Order 7339 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, Hodges absent, that MO7339 be adopted. 21. 2003 SPECIAL MUNICIPAL ELECTION — BALLOT MEASURE Recommendation: That the Council call a Special Election to be consolidated with the General Municipal Election relating to the placement of a ballot measure on the November 4, 2003 for the purpose of an increase to Transient Occupancy Tax for group meeting hotels; and designate authors to file written arguments. a) City Manager withdrew the item. 22. PARKWAYS MAINTENANCE DISTRICT NO. 10 Recommendation: That the Council approve the spread of annual assessments and confirm the Engineer's report, diagram and assessment spread for the Formation of Parkways Maintenance District 10 (Mountain Gate, Tract 30963) located at North Palm Canyon Drive & Gateway Drive with associated Tract parkways & off-site landscape for fiscal year 2003-04. PMD 10. City Manager withdrew the item. 23. ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None REPORTS & REQUESTS: CITY,COUNCIL reports or requests Councilmember Oden requested that issues regarding resale restrictions and Taxicab advertising be considered at the next meeting; and requested clarification on the use of a City vehicle by the Assistant City Manager. City Manager stated that the vehicle purchased for use by the Assistant City Manager was actually allocated to the Police Department for use by the family intervention officer. Councilmember Oden questioned if the City does purchase vehicles for use of the Assistant City Manager. City Manager affirmed. Council Minutes 07-02-03, Page 10 Mayor requested that parking downtown and participation in the Valley-wide Animal Shelter be considered at the next meeting. Councilmember Mills requested a report on the status and goals of the homeless task force. 24. Filing of 20 Nuisance Abatement Proceeding & Accounting reports and setting hearing for July 30, 2003. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further busine Mayor decla the(meeting adjourned. PATRICIA A. SANDERS City Clerk