HomeMy WebLinkAbout2002 - MINUTES - 10/2/2002CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
OCTOBER 2, 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, October 2, 2002, 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 a Moment of Silence.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on September 27, 2002.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION
(All Entities) - See items on Page 6 of agenda this date.
PRESENTATIONS: Association of Public Treasurers Award — Sharon Ainsworth
' HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business
PUBLIC COMMENTS:
Reverend Jerry Johnson, Lilly of the Valley of God in Christ, stated that the ruling of the
California Court of Appeals regarding invocations at Council Meetings was disastrous;
and requested his name be removed from the City's list of invocators.
Joy Meredith, President of the Merchants Association, stated that the Rocktoberfest is in
full swing and invitpd the Community to partake in the `events.
APPROVAL OF CONSENT AGENDA:
Assistant City Manager withdrew item 7.
It was moved by Reller-Spurgin, seconded by Mills and unanimously carried, that Items
1 thru 11, excluding 4 be adopted.
1. Approval of Minutes: July 3, August 7, 21, September 4, 10, 18 and 19, 2002.
2. MO 7166 amending the Master Bail Schedule modifying the bail for violation of
Palm Springs Municipal Code Section 11.56.070 regarding curfew.
3. Res 20469 ratifying emergency procurement by the City Manager for temporary
procurement of mobile office space for the Transportation Security
Administration located at the airport in the amount of $50,000.
4. SEE EXTENDED CONSENT AGENDA
Council Minutes
10-02-02, Page 2
5. MO 7167 approving Amendment #1 to A4366 Memorandum of Understanding
with Cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio,
La Quinta, Palm Desert, and Rancho Mirage; the County of Riverside; the
Coachella Valley Association of Governments; the California Department of Fish
and Game; the US Fish and Wildlife Service; and Center for Natural Lands
Management regarding measures to minimize and mitigate take of the Coachella
Valley Fringe -Toed Lizard.
6. MO 7168 authorizing the City Manager to contract with the California Highway
Patrol for Special Event staffing for fiscal year 2002-03. A4574.
7. MO ----- approving Change Order #1 to A4544 with Granite Construction for the
addition of Andee Drive between Sonora Road and East Palm Canyon Drive, to
the Citywide ARHM overlay project for an increase of $47,605. Total contract
$223,781,17. CP02-01. Withdrawn.
8. MO 7169approving and adopting the plans, specifications and working details,
and authorize advertisement for construction bids for the Sunrise Way Traffic
Signal Interconnect Project. CP01-14.
9. MO 7170 approving contract with HMS Construction Inc. for the Citywide Traffic
Signal Loop Replacement project, Bid Schedule A through C, for $47,906.
CP01-22. A4575.
10. MO 7171 approving settlement agreement with Lanny Swerdlow regarding '
Swerdlow vs City of Palm Springs and J. Booth EDCV 01-00829 VAP (SCLz).
A4576.
11. Res 20470 and 20471 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant # Payee Particular Nature of Conflict
Mills 980101 C. Kell-Srhith Business Related
980227 T & M Constr.
980230 Tenet
Reller-Spurgin 980220 Spurgin Spouse
EXTENDED CONSENT AGENDA:
4. AIRPORT TERMINAL BUILDING
Recommendation: That the Council ratify emergency construction contracts with
James E. Simon Cc for $80,000 and Chris W. Foster Inc for $20,000 for terminal
building remodel work for implementation of explosive detection systems located
at the Airport. A4572, A4573. ,
Councilmember Mills questioned if the Planning Commission and/or Design
Review reviewed the plans.
1
Council Minutes
10-02-02, Page 3
Director of Planning & Zoning stated that staff reviewed the plans; that the
details of the plans are similar to existing expansions; and that once the project is
completed one will not be able to discern the new remodel.
Resolution 20472 was presented; after which, it was moved by Mills, seconded
by Reller-Spurgin and unanimously approved, that R20472 be adopted.
PUBLIC HEARINGS:
12. ORDINANCES FOR SECOND READING & ADOPTION (Intro 9-4-02)
Recommendation: That the Council conduct a public hearing regarding the
adoption of the Building and Fire Codes.
Mayor declared the Hearing Open; there being no appearances, the Hearing was
closed.
City Clerk read Title of Ordinance 1618 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING AND AMENDING THE 2001 EDITIONS OF THE CALIFORNIA
BUILDING CODE WITH APPENDICES CHARTER 3, DIVISION IV, 4 DIVISION
11, 12, DIVISION 11A, 15, 18, 31, DIVISION II AND III, 33 AND 35, DIVISION
III. THE CALIFORNIA MECHANICAL CODE, THE CALIFORNIA PLUMBING
CODE, THE CALIFORNIA ELECTRICAL CODE, AND THE 1997 EDITIONS OF
THE UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT
OF DANGEROUS BUILDINGS, UNIFORM SOLAR ENERGY CODE, UNIFORM
SWIMMING POOL, SPA AND HOT TUB CODE AND THE UNIFORM
ADMINISTRATIVE CODE.
WIN
City Clerk read Title of Ordinance 1619 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING
THE PALM SPRINGS MUNICIPAL CODE, CHAPTER 11.02, ADOPTING BY
REFERENCE THE "2001 CALIFORNIA FIRE CODE" INCORPORATING AND
AMENDING THE 2000 UNIFORM FIRE CODE VOLUMES 1 AND 2,
INCLUDING ALL SUPPLEMENTS AND APPENDICES THERETO, WITH
CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS.
after which, it was moved by Reller-Spurgin, seconded by Oden and
unanimously carried, that further readings be waived and Ordinances 1618 and
1619 be adopted.
13. BIENNIAL CONFLICT OF INTEREST CODES - AMENDMENTS
Recommendation: That the Council receive for filing biennial reports required by
the Government Code concerning status of departments/boards/commissions
conflict of interest codes; and approve amended codes for specified
departments.
Council Minutes
10-02-02, Page 4
Assistant City Manager reviewed the staff report. I
Mayor declared the Hearing open; there being no further appearances, the
Hearing was closed.
Minute Order 7172 as recommended was presented; after which, it was moved
by Reller-Spurgin, seconded by Oden and unanimously carried, that MO7172 be
adopted.
14. APPEAL — CASE 3.2198 — 231 OASIS ROAD —JIM REINMUTH
On August 28, 2002, Councilmember Mills appealed the Planning Commission
decision for architectural approval of Case 3.2198 to construct a new 40 x 60
storage building, located at 231 Oasis Road, Zone M-1, Section 34, Applicant:
Jim Reinmuth.
Director of Planning & Zoning reviewed the staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open; there being no appearances, the Hearing was
closed.
Councilmember Mills stated that the item had been considered by the Planning
Commission; that in the past it has been the policy of the City to disapprove of ,
standard metal buildings; that the developers have been required to go a notch
higher and in some cases it was at considerable expense; that there are M1 and
M2 properties in the City that exceed the appearance of other City like zoning
and in fact in the State; that the modifications needed would not be difficult on a
building of this size; that the total cost for improvement would be less than an
Architectural Appeal; that the approval was not consistent with the past policy on
these types of projects; that to maintain a business friendly attitude and to be fair
to those who have had to meet the past criteria is why this appeal was filed.
Councilmember Oden questioned if the appeal is based on aesthetics or safety
issues.
Councilmember Mills stated aesthetics.
Councilmember Hodges questioned the additional cost to the developer.
Councilmember Mills stated in comparison to the masonry wall the developer is
required to build, the cost would be comparable; that a plaster weight and paint
could be used instead of masonry to contain the cost.
Councilmember Hodges questioned the appearance of the applicant.
Director of Planning & Zoning stated the project has been through design review '
and the Planning Commission; that the applicant did not appear at one of the
meetings; and that the matter could ;be continued to contact the developer to
determine if there are any issues.
Council Minutes
10-02-02, Page 5
Councilmember Hodges stated if the cost would be the same, the developer
might be willing to adjust the plans.
Councilmember Oden stated that the item was reviewed in Architectural Review
and the Planning Commission and the recommendation did not come forward;
that the Commissions are set in place to review these types of plans; that the
determination is made by people of the community who understand the history of
the City; that these types of requirements may be the reason why development
in this area is sparse; and that it would be recommended to allow the Planning
Commission decision to stand.
Director of Planning & Zoning stated that both review bodies did consider the
past practice, but that the determination was based on the size of the building
and the setbacks involved; that both review bodies are somewhat new to these
types of buildings; that Fountain Gas did construct a metal building and was
required to stucco the outside and that it would be difficult to justify the reasoning
of requiring one applicant to comply and the other not.
Councilmember Hodges stated that is the cost is the same; the requirement
should be no problem, but that if it would be more costly, then the design should
be reexamined.
Mayor stated that the City has had a history of raising the bar on a project; that
the City has required aesthetically pleasing buildings in the past and has not
allowed metal buildings; that the designer of this project is known and can do a
respectable job; that if the metal building is approved, a new standard is being
set in the Community; and that the current standards of the City should be
maintained.
Councilmember Oden stated that there is a point where the bar needs to end;
that a focus of Code Enforcement has been on the area and that there have
been some improvements; that this is an industrial area; that the area should be
allowed to be what it is; and that the infrastructure needs to be improved.
Councilmember Hodges stated that contact should be made with the applicant to
determine if there are any issues.
City Clerk clarified if the Motion was to include the Hearing, it be continued to
October 16, 2002.
Council directed the Hearing be reopened and continued to October 16, 2002
with letter or appearance of applicant stating the position on the appeal.
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.
Council Minutes
10-02-02, Page 6
LEGISLATIVE ACTION:
15. PASSENGER FACILITY CHARGE FUND
2001-02 BUDGET AMENDMENT
2002-03 BUDGET AMENDMENT
Recommendation: That the Council approve two budget amendments to move
Passenger Facility Charge (PFC) revenues from the PFC Fund to the Airport
Fund to cover debt payments. Fiscal Year 2001-02 for $450,000; fiscal year
2002-03 in an amount not to exceed annual debt service.
Executive Director — Airports reviewed the staff report, no further report was
given.
Resolution 20473 and 20474 amending the budgets were presented; after which,
it was moved by Reller-Spurgin, seconded by Oden and unanimously carried,
that R20473 and 20474 be adopted.
16. ORDINANCE FOR SECOND READING'& ADOPTION (Intro 9-18-02)
City Clerk read Title of Ordinance 1620 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, '
AMENDING THE CITY SUBDIVISION ORDINANCE,
after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously
carried, that further reading be waived and that Ordinance 1620 be adopted.
17. CONVENTION CENTER EXPANSION PROJECT
Recommendation: That the Council approve a construction management
contract with Turner Construction for construction management to the expansion
of the Convention Center for Phase I for 11.4% of construction cost and Phase II
(subject to outcome of November 5, 2002 election) for 9.5% of construction cost.
A4577.
Executive Director — Airports reviewed the staff report and added that there is an
alternate Minute Order available for Council consideration that awards the 1s`
Phase at a higher fee, but that should the Measure on the November, 2002
ballot fail and Phase II is added, the fee would be reduced on the 15` Phase to
the original offer.
Councilmember Mills questioned if value engineering is a part of the package.
Executive Director — Airports affirmed and added that once the architectural work
starts on Phase II, value engineering is needed and is a part of the contract.
Mayor stated the downtown parking structure does have a City representative ,
and questioned if one would be needed for this project.
Council Minutes
10-02-02, Page 7
' Executive Director — Airports stated that one would be needed for the Phases
due to the size and complexity of the project; and that the Council will be
requested to amend Mr. Fontana's contract regarding the matter in the future.
Minute Order 7173 as revised, was presented; after which, it was moved by
Oden, seconded by Mills, and unanimously carried, that MO7173 be adopted.
18. 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, 2002 event.
Mayor expressed the desire that more downtown blocks hold as much
celebratory events as the Arenas Road block.
Minute Order 7174 and Resolution 20475 as recommended were presented;
after which, it was moved by Oden, seconded by Reller-Spurgin and
unanimously carried, that MO7174 and R20475 be adopted.
19. ADDITIONAL LEGISLATIVE ITEMS: None
ADDED STARTERS: None
' REPORTS & REQUESTS:
CITY COUNCIL reports or requests
Councilmember Oden requested a report on the monitor located at the Airport taxi
holding room.
20. Removal of Parks & Recreation Commissioner — James McClure
Councilmem`ber Oden questioned if contact had been made with the
Commissioner.
City Clerk stated that the Department had submitted a memorandum requesting
the removal and that the Department Secretary stated that calls were not
returned.
Motion to removed Commission James McClure from the Parks & Recreation
Commission was presented; after which, it was moved by Reller-Spurgin,
seconded by Oden and unanimously carried, that Commissioner McClure be
removed.
21. Treasurer's Investment Report —August 31, 2002. Received and Filed
Council Minutes
10-02-02, Page 8
PUBLIC reports or requests '
Pastor Tom Reitveld invited the Community to the 2"d Annual Bar-B-Que on
October 12, 2002 at 6 p.m., location at the First Baptist Church on El Cielo.
STAFF reports or requests
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
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PATRICIA A. SANDERS
City Clerk