Loading...
HomeMy WebLinkAbout11/5/2003 - STAFF REPORTS CITY OF PALM SPRINGS CITY COUNCIL MINUTES OCTOBER 15, 2003 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor pro tem Oden, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, October 15, 2003, 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 Mills, Oden and Reller-Spurgin Absent: Councilmember Hodges and Mayor Kleindienst The meeting was opened with the Salute to the Flag, and an invocation by Rev. Armand Kreft, 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 October 10, 2003. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 7 of agenda this date. PRESENTATIONS: Swear in Police Officer Arthur Enderle. HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Ed Svitaic, Palm Springs, requested a discussion regarding the Senior Softball Series and possible funding by the City and added that the TOT value is approximately $23,000. See letter on file in Office of the City Clerk. H.L. Smith, Palm Springs, stated that most senior income is derived from Social Security; that many seniors live at El Dorado Mobile Home Park; that Mr. Goldstein could buy the Park, apply for conversion and get out from under rent control is wrong; that this case should be fair warning to all under rent control; that any protection has been broken by Mr. Goldstein with sham conversion. APPROVAL OF CONSENT AGENDA: It was moved by Reller-Spurgin, seconded by Mills and unanimously carried, Hodges and Kleindienst absent, that Items 1 thru 3 be adopted. 1. Approval of Minutes September 17 and October 1, 2003. 2. MO 7385 approving agreement with Q3 Telecom, Inc for the installation, maintenance and operation of public telecommunication for the City, airport and the convention center for a 5 year term, November 1, 2003 through November 1, 2008, with renewal options of 5 years and revenue of 3% for City and convention center use and 4% for airport use. A4785. Council Minutes 10-15-03, Page 2 3. Res 20757 and 20758 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 991434 C. Kell-Smith Business related Reller-Spurgin 991636 Spurgin Family EXTENDED CONSENT AGENDA: None PUBLIC HEARINGS: 4. APPEAL— PLAZA THEATER Recommendation: That the Council review Planning Commission decision of October 8, 2003 denying a sign which includes a television monitor related to the Plaza Theater. Director of Planning & Zoning reviewed the staff report. Mayor pro tern declared the Hearing open; there being no appearances, the Hearing was closed. Resolution 20760 overruling the Planning Commission was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried, Hodges and Kleindienst absent, that R20760 be adopted. 5. GENERAL PLAN LAND USE AND CIRCULATION ELEMENT AMENDMENTS CASE 5.0870 - INDIAN OASIS AND CASE 5.0966 — PALM CANYON TOWNHOMES Recommendation: That the Council approve amendments to the General Plan Land Use and Circulation Element regarding Case 5.0870, applicant: Ernest Noia, to amend Policy 3.30.14 Mid-Valley Center, renaming the Policy Indian Oasis Resort; increase the allowable building height to 130 feet for the resort hotel only; amend the land use diagram to allow residential uses; for property located at the NE, SE, SW corners of the intersection of Crossley Road and Mesquite Avenue; Section 20; and amend the General Plan Use and Circulation Element for Case 5.0966, applicant Hollyhills Development and Palm Canyon Town homes, LLC to redesignate 5.8 acres of land from L2 (Low Density Residential 2 units/acre) to L6 (Low Density Residential 4-6 units/acre) for property located at the northwest corner of South Palm Canyon and Murray Canyon Drive, Section 35. Notices mailed 540. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber; and added that revised recommendations for the General Plan amendments are recommended. Mayor pro tem declared the Hearing open. Council Minutes 10-15-03, Page 3 Marvin Roos, Mainerio Smith & Assoc, requested approval of the project; stated the hotel does have extra height added; that the measurement is 130 feet from the base of the levy, but that the foundation is 50-75 feet lower than the airport runway elevations. Ernie Noia, Palm Springs, stated that the height is tucked in at the levy; that the highest point of the hotel is the elevator shaft; that the architects designed the hotel to allow three times the outdoor meeting space of any other hotel in the valley; that environmental issues have been addressed; and that approval of the project is being requested. There being no further appearances; the Hearing was closed. Councilmembers Mills questioned if any changes were made to the project since the 2001 initial approval. Planning Director stated that a sliver of land in Cathedral City was added for the golf course; that the developer will work with Cathedral City regarding the issue of golf; that the hotel location is same, but the height has increased; that the commercial area is a different configuration; that there were changes to the timeshare and condominium layouts; that overall the project does provide a better golf course and commercial layout; that there were no habitat objections filed in 2001; that the applicant has not changed; and that the authority of the Tribal Council does come into account if the project is appealed. Resolution 20761 as revised was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried, Hodges and Kleindienst absent, that R20761 be adopted. 6. CASE 5.0870 — PD 268 —TTM31318 — INDIAN OASIS RESORT Recommendation: That the Council certify the Initial Study pursuant to CEQA and file the Mitigated Negative Declaration and Environmental Assessment; adopt Planned Development District Specific Noise Overlay regulations; Modify Planned Development District 268, with conditions and approve Tentative Tract Map 31318, with conditions for property located on a 273 acre site at the intersection of Crossley Road and Mesquite Avenue, W-M-1-I1L, W-O, M-1, M-1- IL and W-IL, Section 20. Applicant: Ernest G. Noia. Notices Mailed 160. Director of Planning & Zoning reviewed the staff report and site plans on display in the Chamber. Mayor pro tem declared the Hearing open. Marvin Roos, Palm Springs, requested approval of the project; and added that the condition requiring a payment of a pro rata share of the Mid-Valley Parkway be deleted; and that a street name change had been applied for to maintain consistency in the project. Michael Noia, Palm Springs, expressed support of the project. Council Minutes 10-15-03, Page 4 Ernie Noia, Palm Springs, stated that the project does have a lot of conditions; that the condition of the reimbursement of pro rata share should be removed; that there are meandering bike paths on the west side on hotel grounds, in the street along Crossley and on Mesquite; that the bike paths are nice; that it was thought the project would be built two years ago, but that now the developer is ready to go with a terrific project; and that this area will be the future of Palm Springs with the inclusion of the corporate center targeting alternative energy. There being no further appearances, the Hearing was closed. Planning Director in answer to questions by Council stated the bikeway issue has been worked on; that the conditions of approval for Crossley and Mesquite have three options; and that whatever option is chosen ultimately it will be approved by the Planning Commission. City Engineer stated that the condition concerning the Mid Valley Parkway would be deleted once final approval is obtained from CVAG. Resolution 20762 as revised and Resolution 20763 as recommended were presented; after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried, Hodges and Kleindienst absent, that R20762 and 20763 be adopted. 7. CASE 5.0870 — PD 268 —TTM 31351 — INDIAN OASIS RESORT Recommendation: That the Council approve an amendment to Planned Development District 268 and Tentative Parcel Map 31351 to subdivide 17.15 acre parcel into 10 parcels located at the southwest corner of Mesquite Avenue and Crossley Road, Zone W-M-1-IL, M-1-IL, Section 20. Applicant: Ernest G. Nola. Notices Mailed 380. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber. Mayor pro tem declared the Hearing open. Marvin Roos, Palm Springs, requested approval of project and added that the conditions on 7C4 through 7C33 should not have been included; that there should be a master set of conditions in any Planned Development District; and that there should be one set of conditions with the Tentative Tract Map. Ernie Nola, Palm Springs, stated that the project is a good one; that it is time to move the project ahead; that the office building is unique with full glass views of the mountains and golf course; that the project will change the look of the neighborhood; and that at this point approval is requested. There being no further appearances, the Hearing was closed. Planning Director stated that some of the conditions have been changed as per the Planning Commission. Council Minutes 10-15-03, Page 5 Resolution 20764 as revised to include additional conditions was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried, Hodges & Kleindienst absent, that R20764 be adopted. 8. TTM31354 — CS 5.0966 GPA- PALM CANYON TOWNHOMES, LLC Recommendation: That the Council approve Tentative Tract Map 31354, with conditions, for the construction of 16 condominium units located at 2765 and 2801 South Palm Canyon Drive. Zone R-2, Section 35. Applicant: Jay Reynolds; Managing Partners Dave Hilliard and Ted Snyder. Notices Mailed: 160. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber. Mayor pro tem declared the Hearing open. David Hillard, owner, requested approval of the project; and added that each unit will have a separate pool; that there has been one issue of undergrounding of utilities; that it has been agreed that the developer will underground its site and the site to the north; that the project site is 660 feet of frontage and will be a total of 990 feet undergrounding; that there will be a conduit capacity for development south of the project and that it is requested that the southerly power pole be maintained. There being no further appearances, the Hearing was closed. Resolution 20765 as recommended was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried, Hodges and Kleindienst absent, that R20765 be adopted. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None LEGISLATIVE ACTION: 9. 2003-04 ALLOCATED POSITIONS & COMPENSATION PLAN AMENDMENT 5 — DEPARTMENTS OF BUILDING, PLANNING AND PUBLIC WORKS Recommendation: That the Council approve Amendment 5 to the 2003-04 Allocated Position and Compensation Plan by adding a Plans Examiner, Planning Manager and Engineering Field Technician. City Manager reviewed the staff report and requested approval with the proviso that Council would look favorably on the fees proposed to be increased through the ongoing study in the same departments; and that the positions will not be hired until and unless the proposed fees are approved. Mayor pro tem Oden questioned if there would be any goals or objectives tied to the positions. Council Minutes 10-15-03, Page 6 City Manager stated that the field technician will deal with all dust and PM10 issues and provide assistance to other engineers; that the Planning Manager will run day to day operations, allowing management to address larger issues such as the multi-habitat species plan and updating of the General Plan; and that lastly the plans examiner tech will allow for better customer service in the plan checking area; that the jobs are not replacements of previously cut positions and that none would be hired until the Council increased the current fees to cover the cost of the positions. Resolution 20759 as recommended was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and carried by the following vote, that R20759 be adopted. AYES: Members Mills and Reller-Spurgin NO: Mayor pro tem Oden ABSENT: Member Hodges and Kleindienst. 10. CONVENTION CENTER PHASE II EXPANSION 2003-04 ALLOCATED POSITIONS & COMPENSATION PLAN AMEND 6 2003-04 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council approve plans, specification and authorize solicitation of trade contract bids; establish construction administration parameters; amend the 2003-04 Allocated Position and Compensation Plan to establish a construction project administrator; and amend the budget for $4,000,000. CP02-07. Executive Director — Airports reviewed the staff report and added that one resolution was being revised to reflect that the contract administrator be given 2% of the contract in change order authority. Resolution 20766 as revised, Resolution 20767 amending budget and Resolution 20768 amending allocation plan was presented; after which, it was moved by Mills, seconded by Oden and unanimously carried, Hodges & Kleindienst absent, that R20766, 20767 and 20768 be adopted. 11. 2003-04 FISCAL YEAR BUDGET AMENDMENT— BANKING SERVICES Recommendation: That the Council amend the Fiscal Year 2003-04 budget to appropriate $30,000 to a new account in the Finance Department activity, banking services, cost offset by interest income. Director of Finance & Treasurer reviewed the staff report. Resolution 20769 amending budget was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried, Hodges and Kleindienst absent, that R20769 be adopted. Council Minutes 10-15-03, Page 7 12. MUNICIPAL CODE AMENDMENT - FUGITIVE DUST MASTER BAIL SCHEDULE AMENDMENT— FUGITIVE DUST MOU — CVAG, COUNTY OF RIVERSIDE, COACHELLA VALLEY AND SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT. Recommendation: That the Council approve a Memorandum of Understanding with the Coachella Valley Association of Governments, South Coast Air Quality Management District, the County of Riverside and the Coachella Valley Cities establishing a fugitive dust control measures; introduce an Ordinance amending Chapter 8.50 of the Palm Springs Municipal Code. Director of Public Works/City Engineer reviewed the staff report. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS REPEALING CHAPTER 8.50 IN ITS ENTIRETY AND ADDING CHAPTER 8.50 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO FUGITIVE DUST CONTROL After which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried, Hodges and Kleindienst absent, that further reading be waived and the Ordinance be introduced for first reading. Minute Order 7386 and 7387 as recommended were presented; after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried, Hodges and Kleindienst absent, that MO7386 and 7387 be adopted. 13, ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None. REPORTS & REQUESTS: CITY COUNCIL reports or requests 14. TREASURER'S Investment Report as of August 31, 2003. Received and filed. Councilmember Oden requested the Back to Black presentation of ideas be presented at a future meeting; that the Senior Softball funding requested discussed at an upcoming study session; that an update on the search for the Airport director should be given; that the Parc Andreas request regarding Bogert Trail should be reviewed at a future study session and that an update to Council is needed on Ordinances regarding the keeping of farm animals. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk