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HomeMy WebLinkAbout2003 - MINUTES - 9/17/2003 CITY OF PALM SPRINGS CITY COUNCIL MINUTES ' SEPTEMBER 17, 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, September 17, 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 Devona Cox— Retired Religious Science. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on September 12, 2003. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 7 of agenda this date. PRESENTATIONS: Swear in Police Officers Denise Judd and Thomas Morrison. ' 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: David Baron, representing the Palm Springs International Film Festival, expressed appreciation for continued support; that without the support the event would not have the international acclaim and requested approval of Item 7. Harold Matzner, representing the Palm Springs International Film Festival, thanked the Council for support; that approval of item 7 is requested; that the Film Festival does have a new Executive Director and Director of Marketing and that both are top leaders in the industry. John Moore, re item 18; Moore Maintenance, requested approval of item 18. Robert Morey, Italian Music Festival expressed desire to host an event in October; that it is proposed to use the Indian Canyon Parking Structure to host concerts; and that a ' Spring Concert session will likewise be requested. APPROVAL OF CONSENT AGENDA: Items 1 thru 10. It was moved by Reller-Spurgin, seconded by Mills and unanimously carried, that items 1 through 10 be adopted. Council Minutes 09-17-03, Page 2 Review by City Manager of Consent Items to be clarified. 1. Approval of Minutes September 3, 2003. 2. MO 7370 approving Amendment 7 to A684 with Signature Flight Support Corporation for office space needed for General Aviation Processing Facility for the Bureau of Customs and Border Protection (PCBP) at the Palm Springs International Airport (PSP). 3. Res 20738 approving Final Map 29077 for Mainero, Smith and Associates representing Palm Springs Modern Homes V, LLC to subdivide property located at 389 West Tahquitz Canyon Way, T4S, R4E, Section 15. A4769. 4. MO 7371 authorizing Amendment 4 to A3562 requesting CVAG's concurrence for repayment plan consisting of annual payments of $10,421.26 beginning in 2004, for each remaining year under the authorized Measure A Program until 2038. Total payment of$364,744.20. 5. MO 7372 approving the purchase from All State Police Equipment for 180 Avon gas masks for domestic preparedness and response for $48,945.22. 6. MO 7373 approving the purchase of Police Department 9-1-1 communication equipment upgrades by Verizon funded by the State; and authorize the City Manager to execute all documents. 7. MO 7374 approving Amendment 3 to A3090 with the Palm Springs International Film Festival for an additional term of one year. 8. MO 7375 concurring with CRA A. 9. MO 7376 approving lease agreement with the State of California, Department of Industrial Relations for the purpose of conducting Workers Compensation Hearings at a rental rate of $62.00 per meeting for a term ending June 30, 2004. A4770. 10. Res 20739 and 20740 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 990794 C. Kell-Smith Business related Reller-Spurgin 990968 Spurgin Family related EXTENDED CONSENT AGENDA: None PUBLIC HEARINGS: Council Minutes 09-17-03, Page 3 ' 11. CASE 5.0970 — ZONING TEXT AMENDMENT — INTRODUCTION AND FIRST READING — SIGNS DOWNTOWN — UPTOWN Recommendation: That the Council consider a zoning ordinance text amendment in accordance with the Zoning Ordinance for live theater signs for historic properties in the Central Business District (CBD) Zone and City owned Historic Properties. Director of Planning &Zoning reviewed staff report. Mayor declared the Hearing open; there being no appearances, the Hearing was closed. Councilmember Mills requested additional requirement that the size of the sign be orientated to pedestrian only. It was moved by Mills, seconded by Reller-Spurgin and unanimously carried that further text reading be waived. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ' AMENDING THE ZONING ORDINANCE IN REGARD TO CREATIVE LIVE THEATER SIGNS IN THE HISTORIC CENTRAL BUSINESS DISTRICT ZONE AND CITY OWNED HISTORIC PROPERTIES after which; it was moved by Mills, seconded by Reller-Spurgin and carried by the following vote that the Ordinance, with amendment F to require the size of sign be orientated to pedestrian use only, be introduced for first reading. AYES: Members Hodges, Mills, Reller-Spurgin and Mayor Kleindienst NO: Member Oden Motion to reconsider the item was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried, that the item be reconsidered. Motion to amend the Ordinance with Amendment F to require the size of the sign to be orientated to pedestrian use only be introduced for first reading was presented; after which, it was moved by Mills, seconded by Kleindienst and carried by the following vote. AYES: Members Mills, Reller-Spurgin and Mayor Kleindienst NO: Members Hodges and Oden. 12. APPEAL— ESTRELLA INN —415 S. BELARDO ROAD Recommendation: That the Council consider an appeal by Sheryl Hamlin, Elissa Goforth and Barbara Proctor of the Planning Commission action requiring site improvements including depressed curb and gutter, sidewalks and connecting Council Minutes 09-17-03, Page 4 pavement; and installation of forty-five (45) degree angle parking on Belardo ' Road at the Estrella Inn, located at 415 S. Belardo Road, R-3 zone, Section 15. 60 Notices Mailed. Director of Planning ,& Zoning reviewed the staff report. Mayor declared the Hearing open. James Jess, Palm Springs, stated the issue is not the project, but if the project is being done right; that the neighborhood has a lot of interest in what develops; that, the neighbors do not want the area to remain a rural area, but do insist on quality improvements; that not all proposed are improvements; that there may be some issues that are safety concerns, but that the present image should be retained; that the Planning Commission approval does not represent what is best for the area and urged the Planning Commission be overturned. Sheryl Hamlin, Palm Springs, stated that use of decomposed granite should be addressed; that new technology exists that could be, ADA compliant and be beautiful; that the natural decomposed granite is not a new process, but used all over the nation and presented pictures of the stabilized decomposed granite use; than this same proposal was suggested by the Design Committee and would have placated the neighbors, but that the Planning Commission denied the use; that the law requires certain uses for Historic Sites; that the Planning Director is , recommending a standard use and urged denial of the Planning Commission decision. Jaynes Jackson, no address given, expressed sharing a commitment to design; that the project sits on the boundaries of two zones, Inns and residential; that the western side of Cahuilla is in dispute; that the neighborhood is bereft of sidewalks and curbs; and that the concern is walk surface and hard surface of driving. Elisa Goforth, no address given, urged overturning of the Planning Commission; and added that it may be that other areas of town should likewise be examined for natural uses. Resolution 20741 to approve Belardo as submitted and Cahuilla Road to be returned to the Planning Commission for further review was presented; after which, it was moved by Kleindienst, seconded by Reller-Spurgin and unanimously carried, that R20741 be adopted. Councilmember Hodges absent from this point on. 13. TTM 31495— GLORIETTE INVESTMENTS — 1300 AMADO ROAD Recommendation: That the Council approve Tentative Tract Map 31495 and ' associated on-site and off-site improvements for property located at 1300 Amado Road, R-4 zone, Section 14. Applicant; Amado/Hermosa LLC — Dennis Freeman. 140 Notices Mailed. Director of Planning & Zoning reviewed the staff report. Council Minutes ' 09-11-03, Page 5 Mayor declared the Hearing open. Dennis Freeman, representing project, requested approval There being no further appearances, the Hearing was closed. Resolution 20742 as recommended was presented; after which, it was moved by Mills, seconded by Oden and unanimously carried, Hodges absent, that R20742 be adopted. 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: 14. TTM 31328 — PALM SPRINGS GARDENS LP — 1050 E. BARISTO ROAD On September 3, 2003 Council continued this item to consider approval of Tentative Tract Map 31328 to construct 68 condominium units located at 1050 East Baristo Road, R-4 zone, Section 14. Director of Planning & Zoning reviewed the staff report. Resolution 20743 as recommended was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, Hodges absent, that R20743 be adopted. 15. MUNICIPAL CODE AMENDMENT— CURFEW AND TRUANCY (Intro 9-3-03) SECOND READING &ADOPTION City Clerk read Title of Ordinance 1636 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING SECTIONS 11.56.005, 11.56.010, 11.56.020, 11.56.030, 11.56.040 AND ADDING SECTIONS 11.56.005, 11.56.010, 11.56.020, 11.56.030, 11.56.040 AND 11.56.045 OF THE PALM SPRINGS MUNICIPAL CODE REGARDING CURFEW AND TRUANCY after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, Hodges absent, that further reading be waived and that Ordinance 1636 be adopted. 16, 2003-04 ALLOCATED POSITIONS AND COMPENSATION PLAN ' AMENDMENT 4 - OFFICE OF THE CITY CLERK Recommendation: That the Council approve Amendment 4 to the 2003-04 Allocated Positions & Compensation Plan changing Titles in the Office of the City Clerk. Council Minutes 09-17-03, Page 6 City Manager reviewed the staff report. , Resolution 20744 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Mills and unanimously carried, Hodges absent, that R20744 be adopted. 17. COMPREHENSIVE FEE SCHEDULE AMENDMENT— FUEL FLOWAGE FEES Recommendation: That the Council amend the Comprehensive Fee Schedule (R20362) to reflect increased costs for fuel flowage fees at the Palm Springs International Airport. Executive Director—Airports reviewed the staff report. Resolution 20745 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Mills and unanimously carried, Hodges absent, that R20745 be adopted. 18. CITY FACILITIES JANITORIAL SERVICES Recommendation: That the Council approve an agreement with Moore Maintenance & Janitorial Services for citywide janitorial services effective October 1, 2003 through September 30, 2006, for total contract amount of , $621,357. Contract to have two additional one-year options, with option pricing to be governed by the Consumer Price Index. A4771. City Manager reviewed the staff report and added that existing State Law requires the hiring of the present employees for a trial period of 60 days. Minute Order 7377 as recommended was presented; after which, it was moved by Mills, seconded by Oden and unanimously carried, Hodges absent, that MO7377 be adopted. 19. ARENAS ROAD HALLOWEEN COSTUME PARTY Recommendation: That the Council sponsor the Arenas Road Halloween Costume Party and suspend certain regulatory ordinances during the October 31, 2003 event. City Manager reviewed the staff report. Minute Order 7378 and Resolution 20746 as recommended were presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, Hodges absent, that MO7378 and R20746 be adopted. 20. DESERT HEALTHCARE DISTRICT ' Recommendation: That the Council approve a lease with Desert Healthcare District for use of parkland by the City for a term of 10 years at the rate of $1.00 per year. A4772. Council Minutes 09-17-03, Page 7 Councilmember Mills declared Conflict of Interest due to business client and exited the Chamber. City Manager reviewed the lease. Minute Order 7379 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, Hodges and Mills absent, that MO7379 be adopted. Councilmember Mills reentered the Chamber. 21. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests 22. Treasurer's Investment Report as of July 31, 2003-rec'd & filed. 23. Direction concerning Board/Commission vacancy appointments: ' Administrative Appeals Board (2) Terms 6-30-06 - Craig Griffith/replace Daun DeVore Airport Commission (1) Term 6-30-05 - Howard Packer Parks & Recreation (1) Term 6-30-05 - Charles Ciali Councilmember Oden requested a 5-year projection plan of the Downtown Area from the Director of Downtown Development to be reviewed at a future Study Session. Councilmember Mills requested the development of Engineering Standards for neighborhood infrastructure, such as historic areas; and consideration of adding a requirement for projects being submitted, should be designed by licensed professionals; and requested a report of Building Task Force. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further C;i& business, Mayor declared the meeting adjourned. 0 OL ' PATRICIA A. SANDERS City Clerk