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Home My WebLink About2003 - MINUTES - 7/30/2003 CITY OF PALM SPRINGS ' CITY COUNCIL MINUTES JULY 30, 2003 A Special Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor pro tern Oden, in the Large Conference Room, 3200 Tahquitz Canyon Way, on Wednesday, July 30, 2003, at 7:00 p.m. ROLL CALL: Present: Councilmembers Hodges, Oden and Reller-Spurgin Absent: Councilmember Mills and Mayor Kleindienst 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 July 25, 2003. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business COMMUNITY REDEVELOPMENT AGENCY CITY COUNCIL JOINT PUBLIC HEARING ' 3. PLAZA THEATRE Recommendation: That the Agency approve a restated and amended lease agreement with the Partnership for the Performing Arts, LP for the period of October 1, 2003 through May 31, 2018 including amendments and subleases with Plaza Investment Company and the Wessman Family Trust regarding the Plaza Theater; and that the Council concur with the action of the Agency, agreement to be approved in a form acceptable to the Agency Counsel. A467C. Director of Downtown Development reviewed staff report and provisions of the proposed lease. Mayor pro tern/Vice-Chairman declared the Hearing open, there being no appearances, the Hearing was closed. Resolutions 1223 and 1224 as recommended were presented; after which, it was moved by Reller-Spurgin, seconded by Hodges and unanimously carried, Mills and Kleindienst absent, that R1223 and 1224 be adopted. Resolutions 20681 and 20682 as recommended were presented; after which, it was moved by Reller-Spurgin, seconded by Hodges and unanimously carried, Mills and Kleindienst absent, that R20681 and 20682 be adopted. ' Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council. Council Minutes 7-30-03, Page 2 CITY COUNCIL PUBLIC HEARING 1. ASSESSMENT DISTRICT 161 —TRACT 30963— CENTURY VINTAGE HOMES Recommendation: That the Council confirm and levy the assessment; approve the Engineer's Report; authorize the Riverside County Tax Collector to collect installments of the assessment; and determine the unpaid assessments in AD 161. City Manager stated that the applicant withdrew the item. PUBLIC COMMENTS FOR THE FOLLOWING ITEM ONLY: None LEGISLATIVE ITEM: 2. PARKWAYS MAINTENANCE DISTRICT NO. 10 Recommendation: That the Council approve the Engineer's Report regarding annual maintenance costs for off-site landscaped parkways; and authorize the formation of Parkways Maintenance District No. 10 for a 308 residential subdivision located at Highway 111 and Gateway Drive, known as Mountain Gate, Tract 30963, PMD 10. Developer: Century Crowell Communities (Century Vintage 1 Homes). Director of Public Works/City Engineer reviewed the staff report. Resolution 20680 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges and unanimously carried, Mills and Kileindienst absent, that R20680 be adopted. CITY COUNCIL PUBLIC (HEARINGS 5. ZONING ORDINANCE AMENDMENT— CITY OF PALM SPRINGS CASE 5.0951 - CASE 5.0953 Recommendation: That the Council approve amendments to the Zoning Ordinance related to non-conforming uses and structures and related to outdoor display of merchandise in the Uptown District area; and Mitigated Negative Declaration. Director of Planning & Zoning reviewed the staff report. Mayor pro tem declared the Hearing open. Ginny Foat, Palm Springs, expressed support for the ordinance. Willie Holland, Palm Springs, stated that the properties zoning should be grandfathered to remain as they are; that if the zoning changes, some business Council Minutes 7-30-03, Page 3 ' will be prohibited; and that the Community Redevelopment Agency needs to focus its funding on investing in the area. Heather Burke, Palm Springs questioned whether the Ordinance would extend up North Palm Canyon to Vista Chino so that signage could be displayed to let the public know there are store located in the area. Joy Meredith, stated that Main Street voted in support of the Uptown Ordinance and did not want the Ordinance extended to the downtown area. There being no further appearances, the Hearing was closed. Resolution 20683 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges and unanimously carried, Mills and Kleindienst absent, that R20683 be adopted. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO CHAPTER 94.00, SECTION 94.05, NON-CONFORMING USES AND STRUCTURES ORDINANCE TO PROVIDE A RELIEF MECHANISM FOR MULTI-FAMILY ' RESIDENTIAL USES AND A TRANSIENT TYPE USE (HOTEL) AFFTECTED BY THE 1973 AND 1995 DOWN-ZONING (ORDINANCE NO. 951 AND 1513) and AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO SECTION 92-12-00 (C-1 RETAL BUSINESS ZONE) AND SECTION 92.09.00 (CDB CENTRAL BUSINESS DESTRICT ZONE), TO ALLOW OUTDOOR DISPLAY OF LIMITED MERCHANDISE IN THE UPTOWN DISTRICT AREA after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried, Mills and Kleindienst absent, that further readings be waived and both ordinances be introduced for first reading. 6. CASE 5.0958 — PD78 (Amended) —WORLD DEVELOPMENT Recommendation: That the Council approve amendment to Planned Development District 78 (amended) to construct 43 Condominium units to complete the Canyon Heights Development located at 2901 South Palm Canyon Drive, west of intersection at Murray Canyon Drive and South Palm Canyon Drive. Zone PD-78, Section 34. Applicant: World Development. 70 Notices Mailed. ' Director of Planning & Zoning reviewed the staff report. Mayor pro tern declared the Hearing open; there being no appearances, the Hearing was closed. Council Minutes 7-30-03, Page 4 Resolution 20684 as recommended was presented, after which; it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried, Mills and Kleindienst absent, that R20684 be adopted. 7. CASE 5.0881 —TTM 30046 — PD 269— PALM CANYON LLC ZONING ORDINANCE AMENDMENT Recommendation: That the Council authorize the filing of a Mitigated Negative Declaration and approve Tentative Tract Map 30046, Case 5,0881, Planned Development District 269 for an 89 lot single family residential subdivision for a 50.49 acre parcel located north of Bogert. Trail. Principals Lee and Eric Brandenburg. Applicant Palm Canyon LLC. 77 Notices Mailed. Director of Planning & Zoning reviewed the staff report. Mayor pro tem declared the Hearing open. Joyce Patard, Palm Springs, expressed concern on traffic during and after the construction phase and requested a traffic study of the area. Marvin Roos, representing the applicant, requested support of the project and added availability for questions. Sherry Diamond, Palm Springs, expressed concerns on traffic safety and emergency ingress and egress to the area. There being no further appearances, the Hearing was closed. Mayor pro tern stated that the approval should include a traffic study to be conducted six months after completion of the project. Resolution 20685 as revised, including traffic study 6 months after completion of project was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried, Mills and Kleindienst absent, that R20685 be adopted. 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-1-B, W-R-1-B AND SP-1 TO PD 269 FOR THE PROPERTY LOCATED NORTH OF BOGERT TRAIL, EAST OF GOLDENROD LAND AND WEST OF THE PALM CANYON WASH, ZONE R-1-13, W-R-1-B, SP-1, SECTION 35 after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried, Mills and Kleindienst absent, that further reading be waived and the Ordinance be introduced for first reading. Council Minutes 7-30-03, Page 5 8. PUBLIC NUISANCE ABATEMENTS (16) Recommendation: That the Council authorize the abatement of 16 properties located throughout the City of Palm Springs and direct the City Clerk to record said liens against the Title of each property. 20 Notices Mailed. Building & Safety Manager reviewed the staff report. Mayor pro tem declared the Hearing open. Willie Holland, Palm Springs, requested removal of abatement costs regarding property located at 444 W. Palm Vista Drive due to settlement in Court. There being no further appearances, the Hearing was closed. Resolution (16) 20686 - 20701 as recommended were presented; after which, it was moved by Reller-Spurgin, seconded by Hodges and unanimously carried, Mills and Kleindienst absent, that R20686 —20701 be adopted. 9. PUBLIC UTILITY EASEMENT VACATION — 360 PABLO DRIVE Recommendation: That the Council vacate a public utility easement across the property located at 360 Pablo Drive. T4S, R4E, Section 15. File R-03-018. Director of Public Works/City Engineer reviewed the staff report. Mayor pro tem declared the Hearing open; there being no appearances, the Hearing was closed. Resolution 20702 as recommended was presented; after'which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried, Mills and Kleindienst absent, that R20702 be adopted. CONSENT AGENDA: It was moved by Reller-Spurgin, seconded by Hodges and unanimously carried, Mills and Kleindienst absent, that Items 10 thru 16, excluding 12 and 13, be adopted. 10. MO 7351 approving Amendment 3 to A4244 with DuPont Flooring Systems for airport carpet maintenance services for a period of three years, annual cost $33,430. 11. Res 20703 approving Final Map 27680 for Sanborn A/E Inc representing Palm Mountain Company to subdivide property located at 755 West Vista Chino, T4S, R4E, Section 10. A4743. Including covenant. ' 12. Res ------ approving Final Map 29632 for Sanborn A/E representing Acanto Partners LLC to subdivide property located at 600 Acanto Drive, T4S, R4E, Section 35. A-----. Item withdrawn. Council Minutes 7-30-03, Page 6 13. MO ------ approving Supplement Agreement M-015 to A4216 with CalTrans for the construction engineering phases of the Racquet Club Road sidewalk project for $121,000. No local funds required. CP02-09. A4216. Item withdrawn. 14. MO 7352 approving agreement with Micon Construction Inc for the DeMuth Park Playground Renovation, Bid Schedule A only, for$99,756. CP02-15. A4744. 15. MO 7353 approving agreement with Dudek & Associates for the preparation of a environmental Impact Report for a retail commercial development on approximately a 36 acre commercial site, located on the northeast corner of Gene Autry Trail for$110,775. Zone M-1-P, Section 17. A4745. 16. Res 20704 authorizing the sale of City property of five hundred and fifty square feet of land acquired for the downtown parking structure to Thomas A and Eileen C. Adamo (previous owners) in the amount of$13,600. A4746. LEGISLATIVE ITEMS: 17. DESERT FASHION PLAZA STREET IMPROVEMENTS Recommendation: That the Council award agreement to G & M Construction for the Desert Fashion Plaza Street Improvement Project for $331,512, Bid Schedule A and Additive Bid Schedule B,. CP03-05. A4747. Director of Public Works/City Engineer reviewed the staff report. Minute Order 7354 as recommended was presented; after which it was moved by Reller-Spurgin, seconded by Hodges and unanimously carried, Mills and Kleindienst absent, that MO7354 be adopted. 18. DOWNTOWN DECORATIVE LIGHTING FIXTURES Recommendation: That the Council authorize purchase from Delta Lighting Systems Inc for twenty-one (21) downtown decorative light fixtures to be installed on foundations along the west side of North Palm Canyon, between Amado and Tahquitz Canyon Way for$59,849.74. Director of Downtown Development reviewed the staff report. Minute Order 7355 as recommended was presented; after which it was moved by Re:ller-Spurgin, seconded by Hodges and unanimously carried, Mills and Kleindienst absent, that MO7355 be adopted. 19. SPA CASINO RESORT SIGN PROGRAM Recommendation: That the Council approve the Spa Resort Casino Sign Program and recommend that the Tribal Council consider restudy of the revised pylon sign located on Indian Canyon Drive. Director of Planning &Zoning reviewed the staff report. Council Minutes 7-30-03, Page 7 Resolution 20705 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and carried by the following vote, that R20705 be adopted. AYES: Member Reller-Spurgin and Mayor pro tem Oden NO: Member Hodges ABSENT: Member Mills and Mayor Kleindienst. 20. MUNICIPAL CODE AMENDMENT—QUIMBY PARK FEES SECOND READING &ADOPTION (Intro 7-23-03) City Manager withdrew the item. ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk