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HomeMy WebLinkAbout2002 - MINUTES - 12/4/2002 CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 4, 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, December 4, 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, and Mayor Kleindienst Absent: Councilmember Reller-Spurgin The meeting was opened with the Salute to the Flag, and an invocation by Father Andrew Green — Church of St. Paul in the Desert REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on November 27, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 7 of agenda this date. PRESENTATIONS: None ' HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business Convene as the Community Redevelopment Agency; remain in session as the City Council. CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY JOINT LEGISLATIVE ITEMS: A. MERGED REDEVELOPMENT PLAN AMENDMENTS AREA 1 & 2 Recommendation: That the Agency and Council set the date and time for a joint public hearing to consider the First Amendment to the Merged Redevelopment Plan for Project Areas 1 and 2; and that the Agency transmit the Plan Amendments to the City Council for consideration; and that the City Council initiates the process for both areas to re-establish eminent domain authority for nonresidential property. PUBLIC HEARING SET FOR JANUARY 15, 2003. Director of Community & Economic Development reviewed the staff report and added that the public hearing would be set for January 15, 2003. Councilmember Mills stated a conflict of interest regarding Project Area 9D. ' Resolution 1201 and 1202 (Agency) and Resolution 20499 and 20500 as recommended were presented; after which, it was moved by Oden, seconded by Hodges and unanimously carried, Reller-Spurgin absent and Mills abstaining that R1201, 1202, 20499 and 20500 were adopted. Council Minutes 12-04-02, Page 2 ' Adjourn as the Community Redevelopment 'Agency; remain in session as the City Council. PUBLIC COMMENTS: John Connell, representing Festival of Lights invited the Community to attend the Light Parade and added that the item concerning the Tramway Gas Station is long overdue; and that the City should purchase the historic site to preserve for the City. Jim Dollar, Palm Springs stated that the Tramway Gas Station will serve as an excellent Visitors Information Center for the City and added that the Festival of Lights Parade is the most spectacular event the City hosts. Charles Rubles, no address given, invited the Community to attend the annual presentation of the Nutcracker on Friday and Saturday night at 2 p.m. Father Green, Palm Springs, stated that the Homeless Task Force is meeting with various groups and members of the Community regarding the proposed site for the homeless shelter; and that it is hoped that all issues of concern can be mitigated. APPROVAL OF CONSENT AGENDA: It was moved by Oden, seconded by Mills and unanimously carried, Reller-Spurgin ' absent, that Items 1 thru 8 be adopted. Review by City Manager of Consent Items to be clarified. Councilmember Oden questioned, regarding Item 5, how many companies have handled the service since the duties were privatized. Director of Parks, Recreation & Facilities stated that the contract has been let several times; that at this point it has been determined that a better job, for a significant savings could be done in-house. Councilmember Oden stated that this will be an enhancement to the City; and that in the long run it seems when services are privatized'there is a reduction in quality of service. Mayor questioned the area for steam cleaning,; and if the equipment would be leased. Director of Parks, Recreation & Facilities stated Alejo to Ramon to include spot cleaning when needed and that the equipment will be City owned. 1. MO 7208 approving Amendment 1 to A4492 with Howard, Needles, Tammen & Bergendoff (HNTB) to incorporate construction phase administrative services into the Convention Center Phase I Design contract for$38,800. 2. MO 7209 approving an agreement with Balboa Medical Services for vehicle fleet ' maintenance services. A4600. 3. MO 7210 approving an agreement with Palm Springs Youth Football to promote and provide tackle football for the youth for a term of three years at a yearly rental rate of$1,500. A4601. Council Minutes 12-04-02, Page 3 4. MO 7211 approving the waiver of rental fees to Foundation of the Retarded for use of the Palm Springs Stadium for the Desert's Charity All-Star games for $500.00. 5. MO 7212 terminating the agreement with Desert Janitorial A4226 for park restroom maintenance and weekend trash removal in the downtown area, annual cost $55,462.85. 6. MO 7213 approving an agreement with Canon Business Solutions — West, through participation with the County of Riverside to provide city-wide cost per copy services, term for 5 years beginning 01-02-03 at a cost of .0248 cents per copy annual pricing adjustment indexed to the Producer's Price Index. A4602. 7. MO 7214 authorizing the City Manager to submit a grant application to the Mobil Source Air Pollution Reduction Review Committee (MSRC) for the Coachella Valley PM10 Reduction Program. 8. Res 20501 and 20502 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict ' Mills 982355 C.Kell-Smith Business Related 982492 Tenent EXTENDED CONSENT AGENDA: None PUBLIC HEARINGS: 9. SOUTH INDIAN CANYON DRIVE RIGHT-OF-WAY VACATION Recommendation: That the Council vacate a portion of right-of-way dedicated for the public street named South Indian Canyon Drive in Section 14, T4S, R4E. File R-02-048. City Manager reviewed the staff report, no further report was given. Mayor declared the Hearing open; there being no appearances, the Hearing was closed. Resolution 20503 as recommended was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, Reller-Spurgin absent, that R20503 be adopted. 10. TPM 30843 — PD 278 — Cs5.0926 — REGAL HOMES ' Recommendation: That the Council approve Tentative Parcel Map 30843 and Case 5.0926, Planned Development District 278, for the subdivision of 30,055 square feet of land into 4 lots for a gated cluster residential development located at 3101 North Indian Canyon Drive. Applicant Regal Homes, James Lintz. Council Minutes 12-04-02, Page 4 ' Director of Planning & Building reviewed the staff report and visual site plans on display in the Chamber. Councilmember Mills questioned the HOA involvement in the landscape plan. Director of Planning & Zoning stated that there will be HOA participation in the common areas and that the homeowners maintain private areas; and that typically there is no regulation or enforcement of private back yard maintenance. Mayor declared the Hearing open. Jim Isserman, Palm Springs, expressed support for the project and added that the area is in great revitalization. Richard Filliah, Classic Homes, stated that the project does have many architectural features and will be an attractive anchor for the area. There being no further appearances, the Hearing was closed. Councilmember Mills stated that the project is an excellent idea of what can be done with the lots in this area; that there other lots with similar frontage; and that it is hoped that the project will be an impetus to the area. Resolution 20504 as recommended was presented; after which, it was moved by ' Oden, seconded by Mills and unanimously carried, Reller-Spurgin absent, R20504 be adopted; and 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 R-G-A(6) TO PD278 FOR PROPERTY LOCATED AT 3101 NORTH INDIAN CANYON DRIVE, ZONE R-G-A(6), SECTION 3 After which, it was moved by Oden, seconded by Mills and unanimously carried, Reller-Spurgin absent, that further reading be waived and the Ordinance be introduced for first reading. COUNCIL COMMENTS/ANNOUNCEMENTS/I,NTERAGENCY 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: 11. TRAMWAY GAS STATION - 2901 NORTH PALM CANYON DRIVE ' 2002-03 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council approve an assignment of agreement for purchase and sale and lease agreement from Burnett Development Company at a rate of$4,000 a month until the close of escrow for a cost of$638,000 plus pro Council Minutes ' 12-04-02, Page 5 rata closing costs and contingent master planning costs; and amend the budget thereto. A4603. Director of Community & Economic Development reviewed the staff report and added that there may need to be some modification to the front wall, but that a subcommittee of the Historic Site Preservation Board would be asked to review any modifications. City Attorney clarified that the purchase price may be negotiated at a lower price, but that it would not exceed the recommendation. Councilmembers concurred that the site was good for a Visitors Center and an indication of success of progress. Mayor stated that it was indicated that a conflict of interest did exist in the past; that the Conflict was cleared and that the vote will bring the project closer to reality. Minute Order 7215 and Resolution 20505 as recommended were presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, Reller-Spurgin absent, that MO7215 be adopted. ' 12. MOTOROLA COMMUNICATIONS Recommendation: That the Council approve an agreement with Motorola Communication for maintenance support of the City's Motorola 800 MHz Radio System for a term of 7/1102 through 6/30/03 in an amount of $73,127.35. A4605. City Attorney stated that terms in the contract are different than standard; that the Deputy City Attorney did provide a memo to the Council outlining the changes; and that the contract recommended is one that has been agreed upon by the attorneys involved. City Manager stated that the only alternative is to not enter into a contract and have the company bill on a time and material basis, which would result in higher cost. Minute Order 7216 as recommended was presented; after which, it was moved by Mills, seconded by Oden and unanimously approved, Reller-Spurgin absent, that MO7216 be adopted. 13. AIRPORT MID-YEAR BUDGET ADJUSTMENTS 2002-03 FISCAL YEAR BUDGET AMENDMENT ' Recommendation: That the Council approve a midyear budget adjustment for the Airport and amend the 2002-03 fiscal year budget for $1,496,000. Executive Director — Airports reviewed the staff report and added that the 1992 Revenue Bond Issue has a rate coverage covenant which requires the Airport to have annual revenue that meets or exceeds 125% of operation and maintenance costs. Council Minutes 12-04-02, Page 6 Mayor stated there is no tolerance for slippage and questioned if the bonds were ' reissued would the requirement go away. City Manager stated that new bonds would eliminate the outdated covenant; and that the refinance of the bonds will be forthcoming. Director of Finance & Treasurer stated that there would be an overall savings in the Airport budget for the funds needed. Resolution 20506 as recommended was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, Reller-Spurgin absent, that R20506 be adopted. 14. 2002-03 FISCAL YEAR BUDGET AMENDMENT PALM SPRINGS FILM FESITVAL Recommendation: That the Council amend the 2002-03 fiscal year budget in the amount of $4,200 to provide additional funding to the Palm Springs Film Festival to be used for financial and administrative services. City Manager withdrew the item. 15. SPECIAL MUNICIPAL ELECTION -- NOVEMBER 5, 2002 Recommendation: That the Council declare the results of the November 5, 2002 special municipal election. City Clerk reviewed the staff report. Councilmember Hodges stated that the Community did read the information and voted how they believed; that personally the passage of Y and Z are two to be proud of; and that the passage of the, two occurred with no promotion and no signage. Councilmember Oden stated that the Desert Sun has reprimanded the voters on the turnout; that in this City the turnout was the highest in 30 years; that the people of the City should be commended for reading the materials and making informed decisions; that it is clear that'Ithe Community does have concerns with communication and inclusion; that business can not continue to be done as usual; and that changes are needed to Move forward in the future. Resolution 20507 as recommended was presented; after which, it was moved by Mills, seconded by Oden and unanimously carried, Reller-Spurgin absent, that R20507 be adopted. 16. COMPREHENSIVE FEE SCHEDULE AMENDMENT , Recommendation: That the Council amend the Comprehensive Fee Schedule, as amended, to establish citywide fees for the reproduction of copies and eliminate the fee charged for research in various departments. Council Minutes ' 12-04-02, Page 7 City Manager reviewed the staff report, no further report was given. Resolution 20508 as recommended was presented; after which, it was moved by Mills, seconded by Oden and unanimously carried, Reller-Spurgin absent, that R20508 be adopted. 17. ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None. REPORTS & REQUESTS: CITY COUNCIL reports or requests 18. FISCAL YEAR 2001-02 CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT—received for filing Councilmember Hodges requested an update on the installation of cell towers and a study session be scheduled regarding Ordinances that affect downtown. Councilmember Oden requested a schedule of upcoming meetings for the remainder of December 2002 and January 2003; to include the budget review and the next general ' workshop projected date. Mayor requested the meeting schedule for the Joint Meeting with the Planning Commission regarding Mesquite Avenue and Vella Road; and reported that due to the deficit State Budget, STIP funding that was allocated for projects in the City might not be funded. PUBLIC reports or requests STAFF reports or requests City Engineer reported that a Thanksgiving Basket had been prepared and delivered to the New York Firefighters that responded to the September 11, 2001 Twin Towers emergency call. ADJOURNMENT: There being no further bu ' ayor declared he ting adjourned. TRICIA A. SANDERS City Clerk