HomeMy WebLinkAbout2002 - MINUTES - 6/19/2002 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JUNE 19, 2002
A Regular Meeting of the City Council of the City of Palm Springs, California, was called to
order by Mayor pro tem Reller-Spurgin, in the Council Chamber, 3200 Tahquitz Canyon
Way, on Wednesday, June 19, 2002, at 5:00 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 Hodges, Oden, Reller-Spurgin
Absent: Councilmember Mills and Mayor Kleindienst
The meeting was opened with the Salute to the Flag, and an invocation by Reverend
Richard Drasen-New Thought Center-Religious Science.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on June 14, 2002.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION
(All Entities) - See items on Page 8 of agenda this date.
PRESENTATIONS: Palm Springs New Police Officers — Swear-in.
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:
Ruth Frazee, Palm Springs, submitted a prepared report, copy on file in Office of the
City Clerk, outlining past actions of code violations cited against her property.
John Stiles, Palm Springs, read a prepared letter, copy on file in Office of the City Clerk,
on behalf of the Economic Development Corporation.
Michael McCullough, Palm Springs concurred with Mr. Stiles
Brett Smith, Palm Springs, stated unfair treatment at Camelot Theater should be
investigated.
The following persons spoke against the project listed as Item 27.
Steve Cheroske, Palm Springs
Rose Mihata, Palm Springs
Shirley Hamlin, Palm Springs
Tracey Conrad, Palm Springs
Marshall Roath, Palm Springs
Phil Davis, Palm Springs
The following persons requested a continuance to July 3, 2002 for Item 27.
Council Minutes
06-19-02, Page 2
' David Baron, Palm Springs, attorney for applicant
David Ball, applicant for Item 27
Mr. Bergerman, La Valliuris
Councilmember Hodges requested resolution be found regarding the property situation
of Ms. Frazee.
City Attorney stated meetings have been held with the property owner, her attorney and
City staff; that it was thought resolution had been found and that Council could be
briefed under potential litigation at the next Closed Session.
APPROVAL OF CONSENT AGENDA: Items 1 thru 19.
It was moved by Hodges, seconded by Oden, and unanimously carried, Mills and
Kleindienst absent that Items 1 thru 19 be adopted.
Review by City Manager of Consent Items to be clarified.
Councilmember Hodges stated that Item 2 is another indication of how the City is
affected from the tragedy of September 11, 2001.
1. MO 7095 approving Amendment 2 to A4334 with Simat, Helliesen & Eichner, Inc
(SH&E) for an additional one year of air service development and marketing for
the Palm Springs International Airport for$180,000.
2. MO 7096 awarding the purchase to Dell for 11 computers for use at the Palm
Springs International Airport through the Western State Contracting Alliance
Cooperative Purchase Program for $24,162. Ninety percent of funding via FAA
grant.
3. MO ----- approving Consent to Assignment of Lease 1764 with Palm Springs
FBO, LLC to Palm Springs FBO Two, LLC. Continued to 6-26-02.
4. MO 7097 approving Amendment 1 to A4407 with O'Linn Security for a six-month
extension for airport security services for$70,000. Total contract $150,000.
5. MO 7098 awarding purchase order to Motorola, Inc., for purchase of 800 MHz
radio equipment for security operations at the Palm Springs International Airport
for $40,830.61.
6. Res ----- declaring intent to levy and collect annual assessments for 2002-03, and
setting July 17, 2002, for hearing thereon for Street Lighting Maintenance Districts
(SLMD) 1. Withdrawn.
7. Res 20363 declaring intent to levy and collect annual assessments for 2002-03,
and setting July 17, 2002, for hearing thereon for Street Lighting Maintenance
' District (SLMD) 3.
8. Res 20364 declaring intent to levy and collect annual assessments for 2002-03,
and setting July 17, 2002, for hearing thereon for Street Lighting Maintenance
District (SLMD)4.
Council Minutes
06-19-02, Page 3
9. Res 20365 declaring intent to levy and collect annual assessments for 2002-03, '
and setting July 17, 2002, for hearing thereon for Parkways Maintenance District
(PMD) 6A, 6B and 6C.
10. Res 20366 declaring intent to levy and collect annual assessments for 2002-03,
and setting July 17, 2002, for hearing thereon for Parkways Maintenance District
(PMD) 7.
11, Res 20367 declaring intent to levy and collect annual assessments for 2002-03,
and setting July 17, 2002, for hearing thereon for Parkways Maintenance District
(PMD) 8.
12. Res 20368 declaring intent to levy and collect annual assessments for 2002-03,
and setting July 17, 2002, for hearing thereon for Parkways Maintenance District
(PMD) 9.
13. MO 7099 approving agreement with DBX, Inc., for the Tahquitz Canyon Way
Traffic Signal Interconnect Project, Bid Schedule A and Additive Bid Schedule E,
for$755,303. CP00-05. A4522.
14. MO 7100 approving Supplement M011 to A1459 with Caltrans for environmental
studies for the Gene Autry Trail Railroad Bridge Widening Project for $10,000.
(City portion $3,000; Federal portion $7,000).
15. MO 7101 approving sole-source purchase from Johnson Power Systems for ,
caterpillar engine repair parts for a period of one year for$100,000.
16, MO 7102 approving purchase from Nalco Chemical for water treatment chemicals
for the City's Co-Generation Plants, through the State purchase agreement, for
fiscal year 2002-03, for$60,000.
17. MO 7103 approving renewal with Employers' Reinsurance for City excess
coverage for Workers' Compensation Insurance effective July 1, 2002 for$59,546.
18. Res 20369 approving insurance renewals for the City's Airport Liability, Aero
Squadron Aircraft, All-Risk Property, ',Earthquake/Flood (primary level), Crime,
Boiler & Machinery, through coverage provided by Davis & Graeber; and General
Liability and Auto Physical Damage (Calease) Insurance through coverage
provided by ICRMA; effective July 1, 2002, for a total of$634,518.
19. Res 20370 and 20371 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Reller-Spurgin 977108 Spurgin Spouse
EXTENDED CONSENT AGENDA: None '
PUBLIC HEARINGS:
Council Minutes
06-19-02, Page 4
20. SEWER SERVICE CHARGES FISCAL YEAR 2002-03
Recommendation: That the Council authorize collection on the Riverside County
property tax rolls the fiscal year ending June 30, 2003 sewer service charges
pursuant to Ordinance 1111.
Director of Finance & Treasurer reviewed the staff report, no further report was
given.
Mayor pro tem declared the Hearing open; there being no appearances, the
Hearing was closed.
Resolution 20372 as recommended was presented; after which, it was moved by
Hodges, seconded by Oden and unanimously carried, Mills and Kleindienst
absent, that R20372 be adopted.
21. CUP 5.0902 —AT & T WIRELESS — 1776 NORTH PALM CANYON DRIVE
Recommendation: That the Council approve Conditional Use Permit 5,0902 with
AT & T Wireless for the installation of a commercial communications antenna on
a 55-foot tall monopole designed to look like a palm tree and a small equipment
cabinet within an 800 square foot leased area located on the southwest corner of
an existing parking lot at 1776 North Palm Canyon Drive, Zone C-1, Section 3.
Applicant: AT & T Wireless.
Director of Planning & Building reviewed the staff report.
Councilmember Hodges stated that even disguised as a palm tree it is not
aesthetically pleasing to have cell towers located on Palm Canyon Drive.
Mayor pro tem declared the Hearing open; there being no appearances, the
Hearing was closed.
Resolution 20373 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and carried by the following vote that R20373
be adopted.
AYES: Member Oden and Mayor pro tem Reller-Spurgin
NO: Member Hodges
ABSENT: Member Mills and Mayor Kleindienst.
22. TTM 30574, CS 5.0908 - PD276 —772 PRESCOTT DRIVE
ZONING MAP ORDINANCE AMENDMENT
Recommendation: That the Council approve Tentative Tract Map 30574 and
Planned Development District 276 for the subdivision of 35,554 square feet of
' land into 5 lots located at 772 Prescott Drive, R-2 Zone, Section 10. Applicant:
Architectural Properties.
Director of Planning & Building reviewed the staff report and visual site plans on
display in the Chamber.
Council Minutes
06-19-02, Page 5
Mayor pro tem declared the Hearing open. '
The following persons spoke in favor of',the project.
Alan Miller, Architectural Properties
Ralph Hitchcock, Palm Springs
There being no further appearances, the Hearing was closed.
Councilmember Oden stated that it is good to see a project come forward with
the vision to exceed Council expectations; and that the project will be good for
the Community.
City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT
DISTRICT (PD276) APPLICATION BY ARCHITECTURAL PROPERTIES FOR
THE SUBDIVISION OF 35,554 SQUARE FEET OF LAND INTO 5 LOTS
LOCATED AT 772 PRESCOTT DRIVE, R-2 ZONE, SECTION 10
after which, it was moved by Oden, seconded by Hodges and unanimously
carried by the following vote that further reading be waived and the Ordinance in
introduced for first reading. '
AYES: Members Hodges, Oden and Mayor pro tem Reller-Spurgin
NO: None
ABSENT: Member Mills and Mayor Kleindienst
and
Resolution 20374 as recommended was presented; after which, it was moved by
Oden, seconded by Hodges and unanimously carried, Mills and Kleindienst
absent, that R20374 be adopted.
23. TPM 30143 — SOUTHWEST INTERSECTION 1-10 & GENE AUTRY TRAIL
Recommendation: That the Council file a Negative Declaration and approve
Tentative Parcel Map 30143 for the subdivision of a 99 acre parcel into three
parcels ranging in size from 28 to 40 ;acres, for lot sales purposes, for property
located one quarter mile southwest of the intersection of 1-10 and Gene Autry
Trail, Zone M-1-P, Section 25. Applicants are Jim Miller, Norm and Niki Sirota,
Van Kleech Enterprises and Albert Fejer.
Director of Planning & Building reviewed the staff report and visual site plans on
display in the Chamber.
Mayor pro tem declared the Hearing open; there being no appearances, the '
Hearing was closed.
Council Minutes
06-19-02, Page 6
Resolution 20375 as recommended was presented; after which, it was moved by
Oden, seconded by Hodges and unanimously carried, Mills and Kleindienst
absent, that R20375 be adopted.
24. TTM 30050 - CS 5.0899 — PD271 — NORTHEAST CORNER OF PALM
CANYON & ACANTO DRIVES
ZONING MAP ORDINANCE AMENDMENT
Recommendation: That the Council file Negative Declaration and approve
Specific Plan #1 Amendments; and Tentative Tract Map 30050 and Case
5.0899, Planned Development District 271, allowing a 67 lot residential
subdivision on a 29.54-acre parcel located on the northeast corner of Acanto
Drive and South Palm Canyon Drive. Zone R-1-B, W-R-1-B, SP-1, Section 35.
Applicant: Palm Canyon LLC.
Director of Planning & Building reviewed the staff report and visual site plans on
display in the Chamber and stated that additional revisions were made to the
Conditions of Approval and recommended approval based on inclusion of the
revisions.
Mayor pro tem declared the Hearing open.
Marvin Roos, representing developer, stated that the revisions concern the width
of the streets; that the developer is in agreement with the revisions and
requested approval of the matter.
There being no further appearances, the Hearing was closed.
Councilmember Oden requested clarification regarding parking on the narrow
street.
Director of Planning & Building stated that the street is proposed to be 32 feet
wide; that rolled or wedged curbing will be used; that parking will be delineated in
the pavement; that the narrowness of the street gives a rural feel to the project;
that a 20 foot fire land will be demarked; and that the conditions will be outlined
in the Conditions, Covenants and Restrictions for the project.
City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT
DISTRICT 271 (PD271) WITHIN THE CANYON PARK RESORT AND SPA
SPECIFIC PLAN AMENDMENT AREA FOR A 29.54 ACRE AREA INCLUDING
ZONES R-1-13, W-R-1-13, SP-1 FOR THE PROPERTY LOCATED AT THE
NORTHEAST CORNER OF SOUTH PALM CANYON DRIVE AND ACANTO
DRIVE, R-1-B, W-R-1-B, SP-1 ZONE, SECTION 35
Council Minutes
06-19-02, Page 7
after which, it was moved by Oden, ,seconded by Hodges and unanimously '
carried by the following vote that further reading be waived and the Ordinance in
introduced for first reading.
AYES: Members Hodges, Odeniand Mayor pro tem Reller-Spurgin
NO: None
ABSENT: Member Mills and MayorlKleindienst
and
Resolutions 20376 and 20377 as revised were presented; after which, it was
moved by Oden, seconded by Hodges and unanimously carried, Mills and
Kleindienst absent, that R20376 and R20377 be adopted.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None
LEGISLATIVE ACTION:
25. PUBLIC AGENCY VOLUNTEERS —WORKERS COMPENSATION
Recommendation: That the Council ,rescind Resolution 17549; and declare
Police and Fire Reserves and Citizens on Patrol to be deemed employees of the
City for limited purposes of providing them with Workers' Compensation
coverage while performing volunteer' services, training and participation in '
community events when requested; and approving the purchase of first dollar
Workers' Compensation Insurance coverage through State Compensation
Insurance Fund for the volunteers effective July 1, 2002, at an estimated cost of
$14,435.
Mayor pro tem stated Conflict of Interest due to spouse's involvement with the
Mounted Police Search and Rescue volunteers.
Director of Human Resources reviewed the staff report, no further report was
given.
Resolution 20378 as recommended was presented; after which, it was moved by
Hodges, seconded by Oden and carried by the following vote, that R20378 be
adopted.
AYES: Members Hodges and Oden
NO: None
ABSENT: Member Mills and Mayor iKleindienst
ABSTAIN: Member Reller-Spurgin.
26. DOWNTOWN PARKING STRUCTUREI—TRADE BIDS
Recommendation: That the Council award trade bids for the construction of the
downtown parking structure. Bid openings scheduled July 18, 2002. A4515, ,
A4516, A4517, A4518, A4519, A4520, A4521.
Executive Director—Airports reviewed a supplemental staff report, copy on file in
Office of the City Clerk.
Council Minutes
06-19-02, Page 8
' Councilmember Hodges stated that the task is a job well done.
Councilmember Reller-Spurgin stated that Bid Schedule A needs clarification
that under-lighting of the canopy and the elevator are required.
Minute Orders 7104, 7105, 7106, 7107, 7108 and Resolutions 20379 and 20380
as recommended were presented; after which, it was moved by Hodges,
seconded by Oden and unanimously carried, Mills and Kleindienst absent, that
MO7104 —7108 and R20379 and 20380 be adopted.
27. CS 5.0804 — PD254 — TAHQUITZ VENTURE, LLC/CT REALTY
CORPORATION
On June 5, 2002 Council approved denial of the project, without prejudice. Staff
was directed to prepare the necessary documents for formal denial on the June
19, 2002 regular meeting. Additional discussions have been held with the
developer, key neighbors and City staff to resolve and address the issues raised
by the Council, based on the discussions held, Council may desire to consider all
options at this time.
Director of Planning & Building stated that resolution has been sought between
neighborhood concerns, Council issues and the developer; that some headway
' had been made; that the concerns are being addressed and if possible,
incorporated into the project; that it is requested that the item be continued to
July 17, 2002 with reopening of the Hearing to allow possible resolution to the
project.
City Attorney stated that there is a resolution of denial without prejudice
recommended for approval; that since the last meeting the developer has revised
the project with significant differences; and that should the Council desire, it
could direct a new public hearing on the matter for the July 17, 2002 meeting.
Councilmember Oden stated that at the last meeting he was opposed to the
project; that even though the opposition was expressed, if there are
communications between the developer and the Community taking place, then
support will be given to a continuance of the matter.
Councilmember Hodges concurred.
Motion to continue the matter to July 17, 2002 with public hearing noticed was
presented; after which, it was moved by Hodges, seconded by Reller-Spurgin
and unanimously carried, Mills and Kleindienst absent, that the item be continued
and noticed for public hearing on July 17, 2002.
28. BELARDO ROAD BRIDGE AND ROAD IMPROVEMENTS MOU
' Recommendation; That the Council approve a Memorandum of Understanding
for the Belardo Road Bridge and related roadway improvements with the Agua
Caliente Band of Cahuilla Indians. A4523.
Council Minutes
06-19-02, Page 9
City Attorney stated that the Tribal Counsel had reviewed and approved the '
Memorandum of Understanding.
Minute Order 7109 as recommended was presented; after which, it was moved
by Hodges, seconded by Oden and unanimously carried, Mills and Kleindienst
absent, that MO7019 be adopted.
29. ADDITIONAL LEGISLATIVE ITEMS: None
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
30. PUBLIC NUISANCE ABATEMENTS PROCEEDING & ACCOUNTING
REPORTS FOR 20 PUBLIC NUISANCES— received &filed
Councilmember Hodges requested a discussion of the Boards/Commissions
appointment process be scheduled at the next Study Session.
Councilmember Oden requested a discussion of Assessment Districts be
scheduled at a future Study Session.
PUBLIC reports or requests: None '
STAFF reports or requests
ADJOURNMENT:
There being no further business, Mayor declared
/the meting adjourned.
PATRICIA A. SANDERS
City Clerk