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HomeMy WebLinkAbout1998 - MINUTES - 10/21/1998CITY OF PALM SPRINGS CITY COUNCIL MINUTES October 21, 1998 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, October 21, 1998, at 6:00 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 Barnes, Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag by Troop 905, and an invocation by Fr. Miguel Ceja, Our Lady of Solitude. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on October 16, 1998. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PRESENTATIONS: Director, Dept. of Transportation - "Topping Out" Piece of Airport Terminal Expansion PSHS Student Body Report Invitation to Celebrate Rev. Jeff Rollins 40th Anniversary, Pastor First Baptist Church, 11-1-98, 3:30 p.m. Red Ribbon Week I COMMUNITY REDEVELOPMENT AGENCY: HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business APPROVAL OF MINUTES: It was moved by Oden, seconded by Barnes, and unanimously carried, that the Minutes of September 30, 1998 & October 7, 1998 be approved. PUBLIC HEARINGS: 1. C.U.P. 5.0793 - NEXTEL COMMUNICATIONS Recommendation: That the Council approve a Type II Conditional Use Permit for the installation of a 50-ft high communications antenna on a monopole, and an equipment ( 07 8- facility shelter at 3601 E. Mesquite Avenue (P.S. Youth Center property). 080 ) Director of Planning & Building reviewed the staff report and added that the facility will serve a dual purpose; that the monopole will be located on the south side of the facility; that it is 540 feet from the nearest single family residence; that there are visual exhibits available for review; that the Planning Commission did recommend approval; that conditions were added by the Planning Commission to fence the base of the monopole; and added that all engineering requirements have been met. ' Mayor declared the hearing open. Barb Sidell, 17275 Darian Avenue, Irvine, stated that the staff report was sufficient to cover all points; that the applicant does accept all conditions required; and requested approval. Council Minutes 10-21-98, Page 2 Greg Pettis, Executive Director Palm Springs Youth Center, requested approval of the project; and added that the revenue will help offset expenditures of the Center; that communication will be helped throughout the Valley and requested approval. Dick Sroda, Palm Springs, questioned the validity of the project; .and added that the ' monopole will be visual blight; that most move here for the beauty of the surroundings; that the monopole will affect the skyline; that the City should review whether it can get a franchise fee for airspace; and requested the Council deny the request. Darrell Meeks, Morongo Valley, questioned whether there was available City property to place the equipment on to help offset the utility user tax; and. added that if the monopole is installed at the Youth Center, precautions should be taken to safeguard) the children. There being no further appearances, Mayor declared the hearing closed Councilmember Barnes requested the Planning Director review the visual displays, Planning Director stated that the graphics were computer enhanced to indicate what the area would look like with the screening and growth; that the growth was calculated; that the fence would be wrought iron; that the height would be approximately eight feet high; that it would take an aggressive climber to scale the fence; and that there have been no reported problems in the area with the other poles being climbed. Resolution 19382 as recommended was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that R19382 be adopted. 2. AIRPORT MASTER PLAN LAND USE PLAN - AMENDMENT ' Recommendation: That the Council approve amendment to the Airport Master Plan Land Use Plan, from Revenue Support Commercial (RSC) to Terminal Area (TA), to (051- allow a proposed automated taxi/bus holding facility at the SE cornier of Baristo Road 028 ) and El Cielo Road. Mayor Kleindienst abstained due to a Fair Political Practice Commission ruling regarding the Airport Master Plan. ` Director of Planning & Building reviewed the staff report and added that there will be added benefits of the location; that taxis will no longer be parked on streets surrounding the airport waiting on calls; that there were some complaints that die area should not be used as a transportation site; that the Planning Commission take all comments into consideration; that the building model is available for display; and that the plans are likewise available for review. Mayor pro tem declared the hearing open. Gerry Bess, stated that he did reside across the street from the proposed project; that there is a concern of the residents about the location of a transportation facility next to the residences; that there is no one in the City to lodge a complaint with; that an ombudsman is needed; that it seems there is no curfew in place for planes taking off or landing; that the airport will soon become a burden to the residents if issues are not ' addressed; and that airport issues are becoming excessive. There being no further appearances, Mayor pro tem, declared the hearing closed. Councilmember Hodges clarified that the City does not have an ombudsman; but that airport staff is willing and able to assist with any type of conce.ms; that the voters endorsed the airport expansion in 1992; that the entire community was involved and the matter was approved; that Councilmembers are always willing to listen and respond to concerns; that the proposal is terrific; and that the implementation will meet a goal and need of the City. Council Minutes 10-21-98, Page 3 Councilmember Reller-Spurgin stated that the proposal will allow the taxi drivers a place to await calls and recommended approval. Councilmember Barnes questioned whether the automation portion of the staging is in Place. Director of Transportation stated that once the system is complete, it will be operational; that the computers will call the taxis and that much of the confusion now caused will be eliminated. City Manager added that is another piece in the City's intermodal program. Resolution 19383 as recommended was presented; after which, it was moved by Barnes, seconded by Reller-Spurgin and unanimously carried, Kleindienst abstaining due to FPPC Airport Ruling, that R19383 be adopted. PUBLIC COMMENTS: Dick Sroda, stated that the City is illegally operating a tire dump; and added that the waste tire facility is being operated without permits or being registered; that the City could be subject to penalties; that for the past two years the City has said it would clean up the area; that the area is still blighted; that it is an eyesore, and that action needs to be taken. Darrell Meeks, Morongo Valley, stated that the City Attorney has identified several issues on the Closed Session and that there are items that the Council may discuss in closed session, such as acquisition of real property; that acquisition of personal property ' should not be discussed in closed session, and further that personnel matters must be listed on the closed session agenda; that matters not covered under the Brown Act must be discussed in open session; that there is some question among those who worked in passing the UUT whether the privatization of the Wastewater Treatment Plant has been fully publicly explored. Don Frank, Palm Springs, questioned why the Council did not have a greater interest in the disappearance of Jeremy Crocker; and reviewed the accomplishments of the Crocker family. Fred Ebeling, Palm Springs, stated that there is too much pageantry at the meetings; that children are paraded; that what is needed is more public participation; that it seems that the only people that attend Council meetings are those employed by the City. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Mayor and 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. Mayor and Councilmembers also reported on status of activities and actions taken by other intergovernmental agencies on which they serve as liaison, or appointees representing the City. Council Minutes 10-21-98, Page 4 LEGISLATIVE ACTION: 3. AIRPORT NOISE COMPATIBILITY PROGRAM - RES. OF NECESSITY On October 7, 1998, the Council conducted hearing on recommendation to adopt resolutions of necessity for the acquisition of five parcels, including residential units, ' located north of the Airport, which are inside the future runway protection zones and within the CNEL 65 contours; and continued further consideration and action pending a clarification by the FAA. Director, Dept. of Transportation reviewed the staff report and added that the Council (051- 046 ) closed the hearing and continued action to this meeting to allow for the Miller's attorneys point to be addressed and until a letter was received from the Federal Aviation Administration as to the relevance of the actual underlying zoning; further, he added that the following points address the concern brought by Miller's attorney; that the City of Palm Springs has accepted numerous federal grants over the years for improvement of the airport, that as a condition of the grant acceptance, the Sponsor must adopt a series of assurances which include a pledge to comply with all applicable federal laws, regulations, executive orders, policies, guidelines, and requirements; that one of the guidelines is Advisory Circular 150/5300-13 CHG 5 referring to Airport development; item 212 states that the runway protection zone's function is to enhance the protection of people and property on the ground; that this is achieved through airport owner control over RPZ's; that the airport in 1994, undertook a master planning and noise compatibility study process resulting in one of the main projects being a 1500 foot extension of the runway; that to fully assess the impacts of the runway extension a FAR Part 150 Noise Compatibility Study was conducted and an EIR/EA was completed; that Section 1.1 of the EIR/EA is the project description and includes property acquisition at several locations around the airport perimeter and relocation of single-family residences, one four-plex and one five-plex; that the residences are located north and south of the airport; that zoning is not mentioned in the description; that Section 1.4.2 of the EIR/EA is a mitigation measure, which tells the City how to carry out the implementation of the proposed projects' noise compatibility program and to revise the Palm Springs General Plan and Zoning Ordinance to provide compatible land uses in the vicinity of the airport; that exhibit 3.2 of the EIR/EA depicts proposed areas for acquisition as well as areas to be rezoned to a compatible professional "P" use, and that the acquisition and rezoning areas were separate areas; that acquisition of the various parcels depicted on this exhibit was expected prior to rezoning, however, due to lack of FAA funding the acquisitions were delayed; that in the interim, the City undertook the rezoning and to avoid claims of spot zoning, also rezoned the parcel; to be acquired) to professional; that Section 1.4.20 of the EIR/EA clearly states that the proposed project includes acquisitions to ensure airport control of the RPZ areas; that Section 6.20.1.2 of the EIR/EA talks about Aircraft Accident & Safety; that the FAA issued a finding of no significant impact (FONSI) on the EIR/EA which includes a project description under item A -Airfield Development which recommends the acquisition of approximately 23 acres of land for approach protection; that Exhibit I is a letter from the FAA responding to the issue of acquisition of professional "P" zoned property; that the letter states that "...ideally we want the Airport to acquire property interests for the entire RPZ in order to enhance the protection of people and property on the ground..."; that there is no finding or statements that the City should not acquire because of the underlying zone, rather the FAA finds it a professional action for the City to undertake; that staff has double-checked the appraisals and all the subject parcels were appraised based on the professional "P" zoning, not R-1-C; that the property was rezoned prior to the , appraisals; that all questions of Miller's attorney have been addressed; that the change of zone that has occurred does not mitigate the need to acquire the property; and that staff recommends that to provide for the safety as stated above, the Council adopt the Resolutions of Necessity. 01D3 Council Minutes 10-21-98, Page 5 Councilmember Reller-Spurgin stated that in 1995 the expansion of the Airport did go to the ballot; that the measure was approved; and that the Council should approve the proposed resolutions to establish the need for continued negotiations; that the law provides for relocation funds to pay for displacement; and that the law also provides a ' vehicle to maintain a fairness to all the citizens of the City. Councilmember Hodges questioned if the "P" zone increased the appraisal of the properties. Director of Transportation stated that "P" zoned property is more valuable, in that it allows for business types of operations. Resolutions 19395 and 19396 as recommended, were presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, Kleindienst abstain due to FPPC Airport Master Plan Ruling, that R19385 and 19386 be adopted. MAJOR CAPITAL EQUIPMENT - MASTER AGREEMENT FOR LEASE PURCHASE Recommendation: That the Council approve a Master Lease Agreement with CaLease, a League of California Cities and California Association of Counties sponsored program (084- in order to provide the City with funding options for selected Council -approved, large 017 ) capital acquisitions, A4035. Procurement Manager reviewed the staff report and added that approval of the lease would permit a positive cash flow, allow financing of 15 years, and be a financing vehicle for the City to employ for other necessary items throughout the City. City Manager clarified that each capital improvement would come to the Council for approval. Minute Order 6253 as recommended was presented; after which, it was moved by Reller-Spurgin and seconded by Oden, and unanimously carried, that MO6253 be adopted. 5. AERIAL FIRE APPARATUS Recommendation: That the Council award the lease/purchase of two aerial fire apparatus to Pierce Fire Apparatus, Pierce Manufacturing Inc., for $1,091,952.51, including sales tax and applicable discounts offered by the manufacture participating in (087- competitively bid contract awards by the City of Flagstaff and the Houston -Galveston 003) Area Council of Governments Cooperative Purchasing Program. Fire Chief stated that the fire trucks were needed; that staff did review various types of truck and concluded that the proposed would best serve the City; that the dual wheel axle allows for more maneuverability; that the ladder size could be increased; and requested approval as recommended. Councilmember Reller-Spurgin stated that the insurance rating does affect the City as taxpayers; and questioned if the purchase would enhance the rating. ' Fire Chief stated that many issues affect the rating; that the purchase will help maintain what the present rating is; that manning is another issue of rating; that with staff reductions, the rating will suffer; that staffing needs to improve, and a truck company dedicated to the system; that with the 2 in and 2 out ruling, personnel becomes critical; that the evaluation for rating will come again in the year 2002; that reserves are an issue; that various other types of fire staffing have been considered; and that the issue of staffing remains forefront. City Manager stated that the matter will be scheduled for workshop. Council Minutes 10-21-98, Page 6 Minute Order 6254 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that MO6254 be adopted. 6. MASTER LEASE PURCHASE AGREEMENT - SUPPLEMENT 1 Recommendation: That the Council approve Supplement No. 1 to the Master Lease Purchase Agreement with CaLease to finance two aerial fire apparatus for $1,091,952.51. Procurement Manager stated that this would allow the fire trucks to be a part of the new CaLease program. Minute Order 6255 as recommended, was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that MO6255 be adopted. 1998-99 BUDGET AMENDMENT - AIRPORT (084- 017) Recommendation: That the Council approve a $675,000 supplemental budget appropriation for the Airport for Vista Chino Retention Basin Landscape Project, for (061- new Airport electrical service, and for matching grant funding for recently accepted 023) Federal grants Director, Dept. of Transportation reviewed the staff report and added, that the upgrade of electric is needed and that funds are available in Airport funds. Resolution 19387 amending the budget was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that R19387 be adopted. 8. ADDITIONAL LEGISLATIVE ITEMS: None. CONSENT AGENDA: 9. MO 6256 approving a second Virtual University Consulting Agreement with Sandra Graves, effective October 22, 1998 through September 30, 1999 for $32,500, funded by Library (099- Services and Technology Act Grant, A4036. 001) 10. Res 19391 amending the Comprehensive Fee Schedule, as amended, to adjust and or add (114- fees related to Engineering Services, resulting in an average 8 % reduction in existing fees 010 ) noted. 11. MO 6257 approving agreement with Desert Regional Medical Center for maintenance, (117- repair and fuel services to its fleet by the City's Fleet Operation, in order to generate 008 ) additional revenue for the City and offset a portion of the City's fleet maintenance costs, A4037. 12. MO 6258 approving Change Order No. 2 for an increase of $9,659.40 and ten days to contract with Cooley Construction Inc., for the Crossley Tract Street and Drainage (088- Improvements, CP96-32, A3975. 006 ) 13. MO 6259 approving Change Order No. 1 for an increase of $9,397.40 and 4 days to contract with Granite Construction Co., for the ARHM Overlay on North Palm Canyon (136- Drive and Camino Encanto, CP98-07, A4012. Hodges abstain -Client of Employer 057 ) 14. MO 6260 approving purchase of one Ford 450 Super Duty Cab and Chassis from (084- Downtown Ford (Sacramento) for $26,731.60, including tax, a multi -purpose piece of 016 ) equipment for the Transportation Department. Council Minutes 10-21-98, Page 7 15. MO 6261 approving agreement with ECS Engineering Consulting Services, for a protection (052- coordination study for the Municipal Cogeneration Plant primary switch gear addition, and 001) specification to upgrade existing emergency generator to meet added electrical loads of the Airport expansion, not to exceed $29,650, A4038. 16. Res 19388 changing Closed Session time from 6 p.m. to 5:30 p.m., on Wednesdays (114- preceding regular City Council meetings and study sessions. 009 ) 17. Res 19389, 19390 approving Payroll Warrants and Claims & Demands. (086- Note abstentions, if any: 018 ) Councilmember Warrant N Payee Particular Nature of Conflict Hodges 936083 Bldrs Supply Client of Employer 936164 G&M 936184 Granite 936426 E.L Yeager 936427 E.L. Yeager Reller-Spurgin 936339 Spurgin Spouse 18. MO 6262 awarding contract for DeMuth Park monitoring well, to Beylik Drilling Co., for (109- $31,870., CP97-19, A4039. 005) 19. Res 19392 amending the budget to appropriate $5,000 for City's 60th Anniversary (061- celebration. Reller-Spurgin No. 023 ) 20. MO 6263 approving request by Albert Lopez of Pacific Coast Shows to hold a carnival and (111- haunted house from October 29-November 1, 1998, on a portion of the parking lot of the 002 ) Palm Springs Mall, along Baristo Road; haunted house to be inside the former K-Mart building. Councilmember Reller-Spurgin stated that item 10 was good; and that item 14 needs to be scheduled for a workshop to allow all those involved to review the criteria for buying locally; and that item 19 is unnecessary; that the request for $5,000 for balloons and pens does not sound like much of a celebration; that sometimes it is better to do nothing, than to do something poorly; and recommended that item not be approved. ° Mayor stated that it is the City's 60th birthday; that Desert museum is underwriting most of the costs; that the City can participate for minimal outlay. Councilmember Oden stated that preplanning by members of the Council has been coordinated with Desert Museum; and that the items being requested were the last touches to bring together a historic event; and requested Council consideration of the funding. Resolutions 19388 through 19392 and Minute Orders 6256 through 6263 were presented; after which, it was moved by Barnes, seconded by Oden and unanimously carried, Hodges abstain item 13, Reller-no on item 19, that R19388-19392 and M06256-6263 be adopted. ADDED STARTERS: None ' REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Councilmember Hodges -Request status of median on Gene Autry for cleanup b) Councilmember Barnes -Request report on the Bike Weekend; Requested copies of League of California Meeting regarding privitization from Assistant City Manager to copy to City Council c) Councilmember Reller-Spurgin Request report on Workers Compensation d) Mayor Kleindienst Request report on upcoming November meetings. Council Minutes 10-21-98, Page 8 PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned at 9:10 p.m. JUDITH SUMICH City Clerk By: PATRICIA A. SANDERS Assistant City Clerk