HomeMy WebLinkAbout9/17/2003 - STAFF REPORTS (3) CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
SEPTEMBER 3, 2003
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, September 3, 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 Hodges, Mills, Oden, Reller-Spurgin, and
Mayor Kleindienst
Absent: None
The meeting was opened with the Salute to the Flag, and an invocation by Reverend Dr.
Jim Tom, United Methodist Church.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on August 29, 2003.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 9 of agenda this date.
PRESENTATIONS: Outstanding Financial Reporting Award — Department of Finance.
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
CONSENT AGENDA:
It was moved by Reller-Spurgin, seconded by Mills and unanimously carried, that
items 1 through 16, excluding item 4, be adopted.
Review by City Manager of Consent Items to be clarified.
1. Approval of Minutes May 21, July 2, 9, 16, 23, 30 and August 13, 2003.
2. MO 7359 ratifying the emergency procurement from Airline Baggage Handling,
Inc for baggage belt modifications related to the Airport's Explosive Detection
System (EDS) installation for$69,654.
3. MO 7360 approving Amendment 1 to A4615 with Fentress Bradburn Architects
increasing design fees for the Convention Center Expansion by $408,040; and
increasing the overall construction project budget to $25,527,753.
l
Council Minutes
09-03-03, Page 2
4. SEE EXTENDED CONSENT AGENDA
5. MO 7361 accepting the proposal from the American Association of Airport
Executives (AAAE) to provide and install an interactive training system (IET) for
use at the Palm Springs International Airport for$225,000.
6. MO 7362 approving the Funding Approval/Agreement with HUD Grant#B03-MC-
06-0561 for fiscal year 2003-04 CDBG Program for $618,000. A4757.
7. Res 20714 finding the procedure for the Formation and Election of a Project Area
Committee for the Tahquitz-Andreas Constituent area of the Redevelopment
Project Area 2 was followed and determining the validity of any challenges to the
election.
8. MO 7363 approving the Disadvantaged Business Enterprise Program for FHWA
funded projects for Federal Fiscal Year 2003-04.
9. Res 20715 summarily vacating and abandoning all Right, Title and Interest in
various street right of way's dedicated for public streets proposed within
Tentative Parcel Map 18352. T4S, R4E, Section 20. File R-00-030.
10. MO 7364 approving a joint agreement with the Agua Caliente Band of Cahuilla
Indians and Riverside County Flood Control and Water Conservation District
related to the design, construction and maintenance of the Canyon South Golf
Course and South Palm Canyon Wash Levy relocation. A4758. Reller-Spurgin
abstain due to proximity to property ownership.
11. Res 20716 establishing a new Special Revenue Fund to tract Developer deposits
for project expenses on a project specific basis to be named "Special Projects
Fund".
12. Res 20717 establishing an appropriations limit for the 2003-04 fiscal year in
accordance with Article X111 B of the California Constitution.
13. Res 20718 appropriating into reserves the unappropriated fund balances in
designated City Operating and Capital Project Funds for future operations or
projects for fiscal year ending June 30, 2003.
14. MO 7365 approving lease agreements (2) with EVA's at the Palm Springs
International Airport for the operation of two (2) retail merchandise units at an
annual rate of $10,000 per cart for a term of one year with one-year renewal
option. A4759, A4762.
15. Res 20719 authorizing the City Manager to accept State of California Office of
Homeland Security Office of Emergency Services, SHSGP 03 Part II Critical
Infrastructure Protection Grant ID #065-55254 in the amount of $4,582.
16. Res 20720, 20721, 20722, 20723, 20724, 20725, 20726 and 20727 approving
Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Mills 990022 C. Kell-Smith Business Related
Council Minutes
09-03-03, Page 3
EXTENDED CONSENT AGENDA:
4. AIRPORT PUBLIC ART— BIG HORN SHEEP SCULPTURES
Recommendation: That the Council approve the placement of two Bighorn
Sheep sculptures by the Bighorn Institute and private investors as a public art
project preserving the legacy of the endangered Peninsular Bighorn Sheep at the
Palm Springs International Airport.
Minute Order 7366 as recommended was presented; after which, it was moved
by Oden, seconded by Reller-Spurgin and unanimously carried, that MO7366 be
adopted.
PUBLIC HEARINGS:
17. ASSESSMENT DISTRICT 161 — MOUNTAIN GATE
Recommendation: That the Council approve the results of a Special Election to
levy and collect Assessments; determine unpaid Assessments; approve the
Engineer's Report, confirming and levying assessments; authorize the Riverside
County Treasurer/Tax Collector to collect installments of the assessment;
approve the Water Facilities Agreement with Desert Water Agency; and approve
and ratify all actions relating to the formation procedures for the formation of a
1913 Act Assessment District using 1915 Act Bonds for certain eligible public
improvements for Mountain Gate Tract 30963 by Century Vintage Homes for an
83.83 gross acres subdivision located at the northeast corner of North Palm
Canon Drive and Gateway Drive. AD 161.
Mayor declared Conflict of Interest due to business client of spouse's business
and exited the Chamber.
Councilmember Mills declared Conflict of Interest due to client of business and
exited the Chamber.
Director of Public Works/City Engineer reviewed the staff report.
Mayor pro tern declared the Hearing open; there being no appearances, the
Hearing was closed.
Resolutions 20709, 20710, 20711, 20712 and 20713 as recommended were
presented; after which, it was moved by Reller-Spurgin, seconded by Hodges,
and unanimously carried, Mills and Kleindienst absent, that R20709, 20710,
20711, 20712 and 20713 were adopted.
Councilmember Mills and Mayor Kleindienst reentered the Chamber.
18. TENTATIVE TRACT MAP 31328 — PALM SPRINGS GARDENS, LP
Recommendation: That the Council approve Tentative Tract Map 31328 for the
construction of 68 condominium units located at 1050 East Baristo Road. Zone
R-4, Section 14. Applicant: Palm Springs Gardens, LP. Notices Mailed 397.
Council Minutes
09-03-03, Page 4
Director of Planning & Zoning reviewed the staff report and site plans on display
in the Chamber.
Mayor declared the Hearing open.
Maurice Monig, representing the owner, stated availability for questions.
There being no further appearances, the Hearing was closed.
Motion to approve the item as recommended was presented; after which, it was
moved by Oden, seconded by Hodges and failed by the following vote.
AYES: Member Oden and Mayor Kleindienst
NO: Members Hodges, Mills and Reller-Spurgin
Motion to approve the project subject to plans prepared by a California Licensed
Architect was presented; after which, it was moved by Kleindienst and failed due
to a lack of second.
Motion to continue the item to September 17, 2003 was presented; after which, it
was moved by Mills, seconded by Oden and carried by the following vote that the
Motion be adopted.
AYES: Members Hodges, Mills and Oden
NO: Member Reller-Spurgin and Mayor Kleindienst
Councilmember Hodges absent from this point on.
19. HISTORIC SITE PRESERVATION BOARD —46 — EDRIS HOUSE
Recommendation: That the Council designate the Edris House as a Class 1
Historic Site, located at 1030 West Cielo Drive, HSPB 46. Applicant: Roberts &
Boccardo, Notices Mailed 39.
Director of Planning & Zoning reviewed staff report and added that the property
owners desired the designation.
Mayor declared the Hearing open; there being no appearances, the Hearing was
closed.
Resolution 20728 as recommended was presented; after which, it was moved by
Mills, seconded by Reller-Spurgin and unanimously carried, Hodges absent, that
R20728 be adopted.
20. CASE 5.0902 CUP— B—VERIZON WIRELESS— 1776 NORTH PALM CANYON
Recommendation: That the Council approve Case 5.0902 CUP-B for the
installation of a commercial communications antenna on a 55-foot tall monopole
and an equipment cabinet within a 1100 square foot lease area located at 1776
North Palm Canyon Drive Zone C-1, Section 3. Applicant: Verizon Wireless.
Notices Mailed 71.
Council Minutes
09-03-03, Page 5
Director of Planning & Zoning reviewed the staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open.
Norman McCloud, representing Verizon Wireless, stated availability for questions
and requested approval of items 20, 21 and 22.
There being no further appearances, the Hearing was closed.
Resolution 20729 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried, Hodges absent,
that R20729 be adopted.
21. CASE 5.0946 CUP —VERIZON WIRELESS—3455 NORTH INDIAN CANYON
Recommendation: That the Council approve Case 5.0946 CUP for the
installation of a commercial communications antenna on a 47-foot tall monopole
and an equipment cabinet with a 1,224 square foot lease area located at 3455
North Indian Canyon Drive, Zone C-M, Section 34. Applicant: Verizon Wireless.
Notices Mailed 55.
Director of Planning & Zoning reviewed the staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open.
Norman McCloud, representing Verizon Wireless stated availability for questions
and requested approval of items 20, 21 and 22.
There being no further appearances, the Hearing was closed.
Resolution 20730 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried, Hodges absent,
that R20730 be adopted.
22. CASE 5.0961 CUP—VERIZON WIRELESS —6545 NORTH INDIAN CANYON
Recommendation: That the Council approve Case 5.0961 CUP for the
installation of a commercial communications antenna on a 70-foot tall monopole
and an equipment cabinet with a 2,000 square foot lease area located at 6545
North Indian Canyon Drive, Zone M-1, Section 22. Applicant: Verizon Wireless.
Notices Mailed 25.
Director of Planning & Zoning reviewed the staff report and visual site plans on
display in the Chamber.
Mayor declared the Hearing open.
Norman McCloud, representing Verizon Wireless stated availability for questions
and requested approval of items 20, 21 and 22.
There being no further appearances, the Hearing was closed.
Council Minutes
09-03-03, Page 6
Resolution 20731 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried, Hodges absent,
that R20731 be adopted.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None
LEGISLATIVE ACTION:
23. ZONING ORDINANCE AMENDMENTS (Intro 7-30-03)
SECOND READING AND ADOPTION
City Clerk read Title of Ordinance 1633 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING ORDINANCE IN REGARD TO SECTION 92.12.00
(C-1 RETAIL BUSINESS ZONE) AND SECTION 92.09.00 (CDB CENTRAL
BUSINESS DISTRICT ZONE), TO ALLOW OUTDOOR DISPLAY OF LIMITED
MERCHANDISE IN THE UPTOWN DISTRICT AREA
and
Title of Ordinance 1634 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING ORDINANCE IN REGARD TO CHAPTER 94.00,
SECTION 94.05, NON-CONFORMING USES AND STRUCTURES
ORDINANCE TO PROVIDE A RELIEF MECHANISM FOR MULTI-FAMILY
RESIDENTIAL USES AND A TRANSIENT TYPE USE (HOTEL) AFFECTED BY
THE 1973 AND 1995 DOWN-ZONING (ORDIANCE NO 951 AND ORDINANCE
NO 1513)
and
Title of Ordinance 1635 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING
THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM R-1-13, W-R-
1-13 AND SP-1 TO PD 269 FOR THE PROPERTY LOCATED NORTH OF
BOGERT TRAIL, EAST OF GOLDENROD LANE AND WEST OF THE PALM
CANYON WASH, R-1-B, W-R-1-B, SP-1, SECTION 35.
after which, it was moved by Reller-Spurgin, seconded by Oden and
unanimously carried, Hodges absent, that further reading be waived and
Ordinances 1633, 1634 and 1635 be adopted.
24. RESOLUTION OF CONVENIENCE & NECESSITY — 1566 NORTH PALM
CANYON
Recommendation: That the Council adopt a Resolution of Convenience and
Necessity to sell beer and wine at Santa Maria Meat Market, located at 1566
North Palm Canyon Drive, C-1 Zone, Section 10, Applicant: Maria & Carlos
Quevedo.
Council Minutes
09-03-03, Page 7
Councilmember Reller-Spurgin stated that the item could not be supported due to
lending of name to approve the use of alcohol.
Director of Planning & Zoning reviewed the staff report.
Maria Quevedo stated availability for questions and requested approval.
Resolution 20732 as recommended was presented; after which, it was moved by
Oden, seconded by Kleindienst and carried, by the following vote, that R20732
be adopted.
AYES: Members Mills, Oden and Mayor Kleindienst
NO: Member Reller-Spurgin
ABSENT: Member Hodges,
25. RESOLUTION OF CONVENIENCE & NECESSITY — 3689 NORTH INDIAN
CANYON
Recommendation: That the Council adopt a Resolution of Convenience and
Necessity to sell beer and wine at a 1410 square foot mini-mart located at 3689
North Indian Canyon Drive, Zone C-M, Section 34. Applicant Dick Levitt for
Majed Faheem Rahman.
Councilmember Reller-Spurgin stated that the item could not be supported due to
lending of name to approve the use of alcohol.
Director of Planning & Zoning reviewed the staff report.
Dick Everett, representing the owner, stated availability for questions and
requested approval.
Resolution 20733 as recommended was presented; after which, it was moved by
Oden, seconded by Kleindienst and carried, by the following vote, that R20733
be adopted.
AYES: Members Mills, Oden and Mayor Kleindienst
NO: Member Reller-Spurgin
ABSENT: Member Hodges.
Note: The following item was heard at the beginning of the meeting with all Members
present, but is listed at this point to maintain numbering consistency.
26. RACQUET CLUB ROAD SIDEWALK PROJECT
Recommendation: That the Council approve Caltrans Program Supplement
Agreement No. M-015 for the construction and construction engineering phases
of the proposed Racquet Club Road Sidewalk Project for $121,000. A4216.
Councilmember Mills declared Conflict of Interest due to proximity of property
ownership and exited the Chamber.
Councilmember Oden declared Conflict of Interest due to proximity of property
ownership and exited the Chamber.
Council Minutes
09-03-03, Page 8
Director of Public Works/City Engineer reviewed the staff report.
Minute Order 7358 as recommended was presented; after which, it was moved
by Reller-Spurgin, seconded by Hodges and unanimously carried, Mills and
Oden absent, that MO7358 be adopted.
Members Mills and Oden reentered the Chamber.
27. COMPREHENSIVE FEE SCHEDULE AMENDMENT— PARK FEES
Recommendation: That the Council amend the City's Comprehensive Fee
Schedule to include the imposition of fees for park and recreational purposes as
approved by Ordinance 1632.
Director of Planning & Zoning reviewed the staff report.
Resolution 20734 as recommended was presented; after which, it was moved by
Mills, seconded by Reller-Spurgin, and carried by the following vote, that R20734
be adopted.
AYES: Members Mills, Reller-Spurgin and Mayor Kleindienst
NO: Member Oden
ABSENT: Member Hodges.
28. 2003-04 ALLOCATED POSITIONS & COMPENSATION PLAN —AMEND 3
Recommendation: That the Council amend the 2003-04 Fiscal Year Allocated
Positions and Compensation Plan to add one Police Officer (Family Intervention
Officer),
City Manager reviewed staff report.
Resolution 20735 as recommended was presented; after which, it was moved by
Mills, seconded by Reller-Spurgin and unanimously carried, Hodges absent, that
R20735 be adopted.
29. KEITH MCCORMICK'S PALM SPRINGS EXOTIC CAR AUCTION
Recommendation: That the Council approve a License Agreement and a
Release and Waiver of Rights regarding the use of the entire downtown parking
structure by Keith McCormick's Palm Springs Exotic Car Auctions for a collector
car show and auction on November 22 and 23, 2003. A4763, 4764.
Mayor Kleindienst declared Conflict of Interest due to business client of spouse
and exited the Chamber.
Director of Downtown Development reviewed the staff report.
Minute Orders 7367 and 7368 as recommended were presented; after which, it
was moved by Reller-Spurgin, seconded by Mills and unanimously carried,
Hodges and Kleindienst absent, that MO7367 and 7368 be adopted.
Council Minutes
09-03-03, Page 9
30. PALM SPRINGS POLICE OFFICERS GOLF TOURNAMENT-FEE WAIVER
Recommendation: That the Council waive greens and cart fees for the Palm
Springs Police Officers Association Annual Golf Tournament at the Resort
Course of the Tahquitz Creek Golf Resort on Monday, December 8, 2003 and for
subsequent tournament dates in 2004 and 2005.
City Manager reviewed the staff report.
Minute Order 7369 as recommended was presented; after which, it was moved
by Oden, seconded by Mills and unanimously carried, Hodges absent, that
MO7369 be adopted.
31. MUNICIPAL CODE AMENDMENT— CURFEW AND TRUANCY
Recommendation: That the Council approve revision to Municipal Code
concerning Curfew and Truancy Restrictions.
Police Chief reviewed the staff report.
City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALFORNIA,
REPEALING SECTIONS 11.56.005, 11.56.010, 11.56.020, 11.56.030, 11.56.040
AND ADDING SECTIONS 11.56.005, 11.56.010, 11.56.020, 11.56.030,
11.56.040 AND 11.56.045 OF THE PALM SPRINGS MUNICIPAL CODE
REGARDING CURFEW AND TRUANCY
after which; it was moved by Reller-Spurgin, seconded by Mills, and unanimously
carried, Hodges absent, that further reading be waived and the Ordinance be
introduced for first reading.
ADDITIONAL LEGISLATIVE ITEMS:
32. CASE 5.0344 -ARCHITECTURAL APPROVAL—AGUA CALIENTE BAND OF
CAHUILLA INDIANS
Recommendation: That the Council approve the review by the Planning
Commission of the proposed parking lot on the southeast corner of Calle El
Segundo and Andreas Road (Prairie Schooner), R-4 V-P Zone, Section 14.
City Manager withdrew the item.
32A. CASE 5.0667 — PARKING LOT PLAN REVIEW — SPA RESORT CASINO
AGUA CALIENTE BAND OF CAHUILLA INDIANS
Recommendation: That the Council approve the review and comments of the
Planning Commission of the proposed parking lot plans for the SPA Resort
Casino, located at 400 North Indian Canyon Drive, C-2 Zone, Section 14.
Memorandum of Director of Planning & Zoning reviewed the staff report.
Council Minutes
09-03-03, Page 10
Councilmember Mills requested that a condition be added that offsetting
driveways be considered.
Resolution 20736 as revised, to include recommending off setting driveways,
was presented; after which, it was moved by Mills, seconded by Reller-Spurgin
and unanimously carried, Hodges absent, that R20736 be adopted.
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
33. Treasurer's Investment Report as of June 30, 2003 - Received and Filed.
34. Direction concerning Board/Commission vacancy appointments:
Administrative Appeals Board (2) Terms 6-30-06 - Cont'd to 9-17-03
Airport Commission (1) Term 6-30-05— Cont'd to 9-17-03
Parks & Recreation (1) Term 6-30-05— Cont'd to 9-17-03
Tramway Board (2) Term 9-19-07
Motion to reappoint Lloyd Maryanov and Nancy Stuart was presented; after
which, it was moved by Mills, seconded by Reller-Spurgin and unanimously
carried, Hodges absent, that the Motion be adopted.
Mayor Kleindienst requested a report on Downtown Parking Structure security issues.
Councilmember Reller-Spurgin requested a report on the status of the Procurement
Credit Cards.
PUBLIC reports or requests
STAFF reports or requests
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk