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HomeMy WebLinkAbout2002 - MINUTES - 7/3/2002 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 3, 2002 ' 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 3, 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, Mills, Oden and Mayor Kleindienst Absent: Councilmember Reller-Spurgin The meeting was opened with the Salute to the Flag, and an invocation by Reverend James G. Griffes, Palm Springs Presbyterian Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on June 28, 2002. 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 Chief Gary Jeandron 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: Percy Byrd, Indian Wells, requested item 21 be approved in cooperation with other valley cities; that approval of the item will allow the citizenry of Palm Springs to decide whether it chooses to have alternative electrical provider and added that the City could also participate in writing the language for the ballot question. Councilmember Mills exited the meeting Mark Hunter, Palm Springs nightclub owner, expressed disappointment over the Council denial of Biker Weekend and stated that the event did bring revenue to the City and that it is important to welcome all tourists to the City. Councilmember Mills reentered the meeting. Joe Foster, no address given, stated that the previous City Manager did refuse to allow police response to calls for help and that alarm permits should not be required to be ' paid if there is to be no response. Council Minutes 07-03-02, Page 2 The following persons spoke in support of Hot Rod and Biker Weekend: Mary Jo Ginther, Hyatt Regency Casey Jones, Palm Springs Charlie Robles, Palm Springs Dwayne Durabell, no address given The following persons spoke in support of Item 21: David Brinkman, Palm Springs Sonja Marchand, Cathedral City The following persons spoke in opposition of Item 21: Gary Green, Southern California Edison Katheryn DeRosa, Cathedral City Jerry Shoresucker, Palm Springs APPROVAL OF CONSENT AGENDA: It was moved by Oden, seconded by Mills, and unanimously carried, Reller- Spurgin absent, that 1 through 13, excluding 9, be adopted. 1. Minutes of May 29, June 5, and 12, 2002 2. Res 20381 authorizing the Federal Aviation Administration to release land for sale known as the Palm Springs Unified School District Operations & Maintenance Facility located on approximately 4.7 acres within the Palm Springs International Airport boundary. Mills Abstain. 3. MO 7111 approving acceptance of Grant from the Riverside County Economic Development Agency for a business visitation program for $21,000; and MO 7112 approving an agreement with the Economic Development Corporation for implementation of the business visitation program for$16,000. A4525. 4. MO 7113 approving Amendment 3 to A3562 with the Coachella Valley Association of Governments for the Mid Valley Parkway Phase 1 construction project, by reducing final project costs by $256,238. Final contract $15,490,762, CP94-19. 5. MO 7114 approving supplement M012 to A1459 with Caltrans for Belardo Bridge & Roadways Construction Project for $3,000,000, fully Federal funded. CP87- 49. 6. Res 20382 approving Final Map 30453 for Sanborn A & E, Inc representing Heavenstone Collections, LLC, to subdivide properties located at 510 and 540 Indian Canyon Drive, T4S, R4E, Section 11. A4526. 7. Res 20383 approving Final Map 30313 for condominium purposes for Mainiero, Smith & Associates, Inc representing Palm Springs Modern Homes I, LLC, to subdivide property located at 705 Arenas Road, T4S, R4E, Section 14. A4527. Council Minutes 07-03-02, Page 3 8. MO 7115 approving and adopting the 'plans, specification and working details, , and authorizing advertisement for construction bids for the Citywide ARHM Overlay Project, CP02-01. 9. SEE EXTENDED CONSENT AGENDA 10. MO 7116 ratifying May 1, 2002 Closed Session approval of settlement agreement with Steven Adams. A4528. Copy on file in Office of the City Clerk. 11. MO 7117 ratifying May 1, 2002 Closed Session approval of settlement agreement with Lisa Young. A4529. Copy on file in Office of the City Clerk. 12. MO 7118 concurring with Community Redevelopment Agency regarding the approval of agreement with Jerry A. Ogburn dba REDAC2 for the continuation of the Village of Palm Springs Development Center for fiscal year 2002-03 for $150,000. See CRA-C. 13. Res 20384 and 20385 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 977550 T & M Construction Business related 977558 John Trueblood Business related EXTENDED CONSENT AGENDA: 9. CITY ATTORNEY SERVICES-BURKE, WILLIAMS & SORENSON Recommendation: That the Council approve an agreement with Burke, Williams & Sorenson, LLP to provide City Attorney services for a term ending fiscal year 2003-04. Councilmember Oden stated that the evaluation should be conducted before the consideration of the contract. Councilmember Hodges stated there is opportunity to conduct the evaluation at the next study session; that the City Attorney will be on vacation at that time, but it would not affect the review. City Manager withdrew the item. Council to evaluate in Closed Session of July 11, 2002. PUBLIC HEARINGS: 14. TTM 30568 — CASE 5.0905 — PD274 CREATIVE COMMUNITIES LLC. Recommendation: That the Council ;order the filing of a Negative Declaration and approve Tentative Tract Map 30568, Case 5.0905 and Planned ' Development District 274, subject to conditions, to subdivide 8.42 acres into 63 lots located at the southwest corner of East Palm Canyon Drive and Araby Drive, Zone R-3. RGA6, Resort Overlay, Section 25. Applicant Creative Communities LLC. Council Minutes 07-03-02, Page 4 Director of Planning & Zoning reviewed the staff report and visual plans located in the Chamber. Councilmember Mills questioned the status of the flood control project for the development. Associate City Engineer stated that the project is in design and is part of the capital improvement project program; that there is no start date at this time, but that the project will be considered as a stand-alone. Councilmember Hodges questioned if the frontage road in front of Le Peep would be continued to Araby Road. Director of Planning & Building stated that consideration is being given to eliminating the frontage portage; that the easement would terminate at the property lines; that the ingress and egress is being evaluated with thought to the looping the road back to the parking lot. Councilmember Hodges questioned if the renderings are two stories. Director of Planning & Building affirmed. Mayor declared the Hearing open. Marvin Roos, Mainero, Smith & Associates requested approval of the project and added that the parking spaces does exceed the requirement; that it is requested to close the frontage road; that it is recommended that rather than using mounding or berms for drainage, the landscaping be enhanced to fulfill the same purpose with better aesthetics; that the street scapes are being detailed with final approval to be by the Planning Commission; that it is requested that the parking condition be deleted due to miscount and that the street be required at 265 feet wide for bay parking; that the project did provide an urban feel and that Condition 29 is met per Code and Condition 31 is addressed in the plans. There being no further appearances, the Hearing was closed. Councilmember Hodges questioned if the parking is per Code. Director of Planning & Building stated that the project as designed does meet all Codes; that the concern was that our parking codes do not require enough parking; that the plans as shown will exceed the requirements, and that Condition 31 could be left in or deleted as the Council desires. Councilmember Hodges stated that this is one of several projects where parking is of concern; that the City must be careful not to short itself of adequate parking areas. Director of Planning & Building stated that each unit does have a 2-car garage; that there are 18 guest spaces on the side of the building with a total of 54 possible guest parking spaces; that if guests also park in front of the garage areas there could be ample parking. Council Minutes 07-03-02, Page 5 Councilmember Hodges questioned if the neighborhood had been met with and what was the height of the proposal. ' Director of Planning & Building stated',the neighborhood was noticed with only three people appearing and that the height is set at 24 feet. Councilmember Mills stated that the flood control issue is of concern; that there is opportunity to berm up at the street,or sidewalk so that the street scape is a mounded experience; that the parking is not of issue and that the CC&R's could contain a provision to allow guest parking in front of the garages; that Condition 3 is of importance so that the quality of look at the rear matches the quality of look at the front; and questioned if the frontage road would be gated; and that overall the project site plan does work well. Director of Planning & Building stated that the intent is to allow emergency ingress points only; that it has been felt that the main entry should be on Araby Road; and that when the La Peep plans were originally approved the drive was on an interim basis. Councilmember Mills stated that the entry off Araby could be gated and used by residents only and that the opening on East Palm Canyon could be closed. Mayor stated that additional information is needed on the ability for the County to expedite the project; that it would be beneficial if the project was bermed; that the drainage must be facilitated; and that it would be best if a right turn lane off Araby was in place. Director of Planning & Building stated that Traffic Engineering could study the right turn lane. Mayor stated there is benefit to having a right turn lane and questioned if there would be a pedestrian crossway; and whether on the west side entry is limited to private use or convenience of use; and added that the Fire Department typically recommended 2 access points; that the palate of materials and the details of the plans are good and that overall ownership versus apartments is better for this project. Councilmember Mills questioned if there is additional parking on the streets and if the streets are 26 feet wide. Director of Planning & Building stated,the streets are 28 feet wide and parking will be allowed; that the width of the street did meet Planning Commission concerns; and the suggestion of a right hand turn lane to be required will be considered. Councilmember Hodges stated the project should be approved, and the resort overlay zone does need to be reviewed, in that it may be hindering development of the area. ' Resolution 20386 as revised was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, Reller-Spurgin absent, that R20386 be adopted. Council Minutes 07-03-02, Page 6 ' 15. CASE 5.0912 LIDO KIERSPE ZONING MAP ORDINANCE AMENDMENT Recommendation: That the Council consider adoption of a Zoning Map Amendment to rezone a .99 acre parcel from O, Open Space to R-1-C, Single Family Residential, for property located at 2555 Via Miraleste, Zone O, Section 2. APN 501-590-007. Applicant Udo Kierspe. Director of Planning &Zoning reviewed the staff report. Mayor declared the Hearing open. Udo Kierspe, applicant, stated that the building will be converted to a single family residence; that it will be an asset to the City; and that the home will be used on a full time basis. There being no further appearances, the Hearing was closed. Councilmember Mills clarified that the use of the lot will be for single family residential and not for subdivision of the lot. 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 O (OPEN SPACE) TO R-1-C (SINGLE FAMILY RESIDENTIAL), FOR ASSESSORS PARCEL NUMBER 501-590-007, LOCATED AT 2555 VIA MIRALESTE, ZONE O, SECTION 12 after which, it was moved by Hodges, seconded by Oden and unanimously carried, Reller-Spurgin absent, that further reading be waived and Title of Ordinance be introduced for first reading. 16. CASE 5.0910 — PD277— COACHELLA VALLEY HOUSING COALITION Recommendation: That the Council approve Case 5.0910, Planned Development District 277, subject to conditions, to allow 66 apartment units on 7.73 acres located northwest of the intersection of Sunrise Way and San Rafael Drive, Zone PD116A, Section 35, Applicant Coachella Valley Housing Coalition. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open. Reuel] Young, Architect, stated availability for questions regarding the project and requested approval. There being no further appearances, the Hearing was closed. Director of Planning & Zoning stated there was one letter of opposition received from Susie Lopez, copy on file in Office of the City Clerk. Council Minutes 07-03-02, Page 7 Councilmember Hodges questioned the number of entries and exits of the ' project. Director of Planning & Zoning stated that there are three access points and one emergency access point; that eventually the entry on Sunrise Way will be prevented when the median is installed and that the ideal is to limit the egress and ingress to the project. Mr. Young stated that the issue of entry was to control access; that there is concern of the transition of a public street to a private street and the liability it entails; and that the overall decision was based on what was the most desirable impact on the project. Mayor questioned if the project at Coyote Run is gated. Mr. Young stated that the project is fenced but not gated; that the project is similar to the matter being discussed; that the access is of concern; that at the southern end of the project a community building was added as requirement of the project and will be a dedicated City Park. Councilmember Hodges stated that the liability between public and private is not clear; that the most important issue is easy access to the people; that to force the residents to go out of the way to enter the complex is not good; that the median is not needed and should not be required and that it is clear that it would ' be easier to move people in and out of the complex without the median. Councilmember Mills questioned the access to Building A. Mr. Young stated that the front of all buildings face inward; that there is a mix of apartments and all the buildings come,together to form a courtyard type effect. Motion to approve the project with the elimination of medians was presented by Councilmember Hodges and died due to a lack of second. Councilmember Oden questioned the purpose of the median from an engineering standpoint. Director of Planning & Zoning stated that the General Plan does encourage the use of the median; that some of the streets are offset and will be removed; that the developer will be required to pay its fair share of the median costs; that the development plans with the median have been approved by the Planning Commission and both the Burnett Development and Coyote Run developers have agreed to split the costs. Councilmember Oden stated that use of medians could be enhancing, but that the history of Palm Springs does not indicate that the medians continue to be maintained. Mayor stated that this particular median is located on property in which the City can control, and that the medians that are not maintained are under the control of another entity. Council Minutes 07-03-02, Page 8 ' Resolution 20387 as recommended was presented; after which it was moved by Mills, seconded by Oden and unanimously carried, Reller-Spurgin absent, that R20387 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: 17. ORDINANCES FOR SECOND READING &ADOPTION (Intro 6-19-02) City Clerk read Title of Ordinance 1613 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT 271 (PD-271) 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-1-13, W- R-1-13, SP-1 ZONE, SECTION 25 and City Clerk read Title of Ordinance 1614 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT 276 (PS-276) APPLICATION BY ARCHITECTURAL PROPERTIES FOR THE SUBDIVISION OF 35,554 SQUARE FEEL 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, Reller-Spurgin absent, that further reading be waived and that Ordinances 1613 and 1614 be adopted. 18. TENNIS CENTER LEASE — 1300 EAST BARISTO ROAD Recommendation: That the Council approve a lease with Palm Springs Tennis Club Owners Association, for the development and operation of a Tennis Center on the northern undeveloped portion of the Palm Springs Tennis Center property, for aterm of June 1, 2002 to August 6, 2010 for a rental of $150.00 per year, located at 1300 Baristo Road. A-----. (In a form acceptable to City Attorney) City Manager withdrew the matter. Council Minutes 07-03-02, Page 9 19. FISCAL YEAR 2001-02 CONTINUING APPROPRIATIONS Recommendation: That the Council authorize the continuation of appropriations ' from the fiscal year 2001-02 budget for projects not yet completed. Director of Finance & Treasurer reviewed the staff report, no further report was given. Councilmember Mills stated conflict due to business clients. Resolution 20388 as recommended was presented; after which, it was moved by Oden, seconded by Hodges, Mills abstaining and Reller-Spurgin absent, that R20388 be adopted. 20. DOWNTOWN PARKING STRUCTURE Recommendation: That the Council approve trade contract with Berger Brothers, Inc., for metal stud framing and plaster for the Downtown Parking Structure, Bid Package #13, in the amount of $178,130. A4530. Director of Procurement & Contracting ;reviewed the staff report. Mayor questioned the status of movement of utilities with Southern California Edison. Director of Procurement & Contracting stated that Mr. Fontana would be updating the progress of the project in the upcoming week. Mayor stated that a comprehensive report should be given to the Council; that at this point the Council does not have a handle on the status of the project; that there is a lot of movement and that the Council should be kept informed. Minute Order 7119 as recommended was presented; after which, it was moved by Mills, seconded by Hodges and unanimously carried, Reller-Spurgin absent, that MO7119 be adopted. 21. 2002 SPECIAL MUNICIPAL ELECTION Recommendation: That the Council consider placing a measure on the November 2002 ballot regarding the formation of and membership to the Coachella Valley Public Power Authority. City Attorney stated the issue is whether or not to place the measure on the ballot and whether there is desire to participate in the drafting of the ballot language. - Councilmember'Oden stated that it is important to participate in the language, if the Council desires to move ahead; that caution should be used, however, in ' promising the citizens something that cannot be done; and that it may be in the best interest to evaluate a counter proposal from Southern California Edison. Mayor stated a letter had been received from Southern California Edison offering a third party evaluation of its rates; that there are a number of ballot measures Council Minutes 07-03-02, Page 10 that the City may have due to initiatives; that if authorization is given, the City ' must participate in development of the ballot language; that it will be imperative to know the vehicle that will be used to lower rates; and that the benefits are not clear at this time, there is willingness to continue the investigation. Councilmember Hodges stated that there are many "if's" to the proposal; that currently there is not enough information to make a decision; that SCE is not a reasonable seller; that without a reasonable seller the process will be long and costly; that there is a variance between the value that has been determined by SCE and CVAG; that there is concern on what the eminent domain price will be; and that while there is willingness to place the measure on the ballot, it will be as an advisory vote only and the Council will not be held to the outcome of the vote. Councilmember Mills concurred with the Council; and added that there are many unknowns and consequences to the issue; that it is not clear what the advantage to the City is; that none will disagree that the present electrical rates are a deterrent; that the City is not yet at the point with fact finding to make the decision to place the measure on the ballot; that the direction seems right, but that right now formulation of where the issue is going needs to be determined. Mayor stated that the advisory vote is not needed for the Council to move forward; that given the time constraints it may be best to allow the process to proceed in the reduction of rates. Councilmember Oden stated that if the consensus is not to go to the ballot, then direction is needed for CVAG. Percy Byrd, stated that there is a liability in not proceeding forward; that the Council could direct the measure for the ballot, but not join the JPA; that there is no obligation or liability on the part of the City if it does not join the JPA and that even with joining, the liability is limited. Councilmember Hodges questioned who would pay for the eminent domain. Mr. Byrd stated that the funds are raised by the JPA; that those who choose not to participate are not required. City Attorney advised that that the start up cost would exceed $200,000 for just bid specs and the like, and does not include the costs for litiagation. Kathleen DeRosa, SCE, stated that when the City of Palm Springs originally evaluated the idea of alternative power there was not a vote of the people and that there is no vote of the people needed at this time; that there is apology extended to those on the Council who did not get the correspondence from SCE and that should the Council direct forums to be held, SCE is willing to participate with the City. Gary Green, SCE, stated that the third party review will be fully funded by SCE with no costs to be borne by the City; that the estimate in legal fees to take over SCE territory does exceed $10 million; that SCE is not a willing seller and that position is being made clear to all the valley cities. Council Minutes 07-03-02, Page 11 Councilmember Hodges stated that there is a deadline of August 9, 2002 for ballot measures; that there is a lot of study to be done before that decision can ' be made; and that the third party study and construction of the ballot language would be agreeable to start. Mayor questioned if it is the intent of the Council for the City Attorney to assist in the ballot language. Councilmember Hodges stated that CVAG should draft the language and all Cities should be able to edit and provide input. Mayor stated that information is needed, but that to add a measure to the ballot may give the citizens the idea that they are going to get rate reductions on electricity; that a ballot measure may cause confusion; that there is not enough time to conduct forums to inform the, citizens of Palm Springs; and that the Council should be careful not to send !a message that could be misunderstood by the voters. Councilmember Oden stated that the Council realizes that the citizens would like a reduction in electricity costs; that a ballot measure is not needed to determine that issue; and that the role for the City has not been made clear in the process. Mayor stated that the issue of electrical rates is important; that the City Council does have the duty to get the information and make an informed decision; that the Council should not be pushed by ai date; and that it is not the intent to drop ' the issue, but for the City to be able to obtain needed information. Councilmember Hodges questioned if the SCE letter to City Council members offered to pay for a third party review. Mayor stated that the letter offered to split the costs and that the letter was copied to all members of the City Council. Katheleen DeRosa stated that the letter was sent to all valley cities and to CVAG. City Attorney stated that the item listed on the agenda is for consideration of the ballot measures, not for approval of the SCE independent study. Motion to deny the request for calling special election for ballot measure was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, Reller-Spurgin absent, that the Motion be adopted. 22. SPECIAL EVENT FOR SEPTEMBER 11 Recommendation: That the Council consider waiver of fees for a special event in memory of events from September 11', 2001. Fire Chief stated that in conjunction with the Red Cross, an event is being ' planned in memory of September 11, 2001; that the event will be of patriotic theme; that the duration should be 60-90 minutes; and that the recommendation is to waive the fees for use of the Palm Springs Stadium for the event. Council Minutes 07-03-02, Page 12 Mayor stated that the question has been raised on what to do to memorialize 9- ' 11; that the goal is to find a place to find comfort; that there will be many events happening, but the waiver of fees would be helpful; and that there is not a lot of information at this time as the event is unfolding. Councilmember Mills stated that support should be given to the effort and that waiving of the fees for use of the stadium is a minor contribution for the event. Councilmember Hodges questioned if the event is City sponsored and would the City be asked for more support; and added that this event should not be planned with the rest of the Council in a vacuum; that the Mayor is involved, staff is involved, and that it is not right for the rest of the members of the City Council to be uninformed on the event. Mayor stated that the Red Cross is coordinating the event, that the Fire Chief is a member of that Board; that the Red Cross developed the idea; that other venues were looked at and that the site of Palm Springs Stadium was requested. In clarification of the event Fire Chief stated that the Red Cross is sponsoring the event; that the program is not being put on by the City of Palm Springs; that participation was due to being a Board Member of the Red Cross; that other Communities in the region are being brought on board in an effort to bring all the Communities together. ' Mayor stated that the Red Cross members could be asked to present the matter at an upcoming Study Session if the Council desired; that the idea is to memorialize the event, that the involvement has been on a volunteer basis and that there is still time to have the organization brief the Council on the status of the proposal. Minute Order 7120 as recommended was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, Reller-Spurgin absent, that MO7120 be adopted. 23. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests Council Minutes 07-03-02, Page 13 24. Board & Commission Appointments: Mayor nominated Leslie Pricer to the Board of Coachella Valley Mosquito & ' Vector Control for one Term ending 12-31-03; after which, it was moved by Mills, seconded by Oden and unanimously carried, Reller-Spurgin absent, that the nomination be approved. Nominations for Airport and Human Rights Commissions to be considered on July 17, 2002. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk