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Home My WebLink About2/19/2003 - STAFF REPORTS CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 15, 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, 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 Rev Joe Placencia— PS Church of Christ. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on January 10, 2003. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 7 of agenda this date. PRESENTATIONS: Hospitality Sales & Market Association: Bryant Francis - "Professional of the Year' award and Palm Springs International Airport — "Business of the Year" award. 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. CITY COUNCIL COMMUNITY REDEVELOPMENT AGENCY JOINT PUBLIC HEARING A. FIRST AMENDMENTS TO MERGED PROJECT AREA 1 &2 ORDINANCES FOR INTRODUCTION AND FIRST READING Recommendation: That the Council approve the First Amendments to Merged Project Areas 1 & 2 and approve the Negative Declaration thereto. Director of Community & Economic Development reviewed the staff report and requested the items for consideration be continued to February 5, 2003 to allow staff to respond to letters of objection and clarified that the eminent domain authority would only apply to industrial or commercial zoned properties. Chairman/Mayor declared the Hearing regarding Merged Project Area 1 open. Willie Holland, Palm Springs, stated objection to inclusion of eminent domain for the Project Areas. Council Minutes 01-15-03, Page 2 There being no further appearances, the Hearing was closed. Chairman/Mayor declared the Hearing regarding Merged Project Area 2 open. Martin Kang, representing Violetta Torres, property owner at Indian Canyon and Ramon Road, clarified that non-residential property would be affected by the granting of eminent domain authority. There being no further appearances, Chairman/Mayor declared the Hearing closed. Agency/Councilmember Mills stated Conflict of Interest for any actions pertaining to 9D. Motion to continue the matter to February 5, 2003 was presented; after which, it was moved by Oden, seconded by Hodges and unanimously carried, that the matter be continued. PUBLIC COMMENTS: Chris Cauhope, Indio, regarding item 13, stated that the Council should directed any forfeitures seized to be used for victims of crime. Kenneth Feenstra, regarding item 5, requested approval. Lance Melton, retired PSPD officer, requested assistance in the continuation of health benefits. Thomas Van Etten, Palm Springs, stated conflicts need to be resolved within members of the City Council. Robert Van Etten, read a prepared letter, copy on file in Office of the City Clerk. LeAnne Lee, Palm Springs, filed a petition in support of approval of item 13. Dr. Henry Richter, Palm Springs, requested support of item 13. Lanny Swerdlow, Palm Springs, requested denial of item 13. James Evans, Palm Springs, requested denial of item 13. Susan Marie Weber, Desert Area Libertarians, stated opposition to item 13. Craig Handada, stated opposition to item 13. Jim Stuart, Palm Springs, requested support of item 13. APPROVAL OF CONSENT AGENDA: It was moved by Reller-Spurgin, seconded by Oden and unanimously carried, excluding items 2, 5 and 7, that Items 1 thru 8 be adopted. Council Minutes 01-15-03, Page 3 CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. 1. Approval of Minutes December 4, 5 and 18. Reller-Spurgin Abstain on December 4 and 5. 2. SEE EXTENDED CONSENT AGENDA 3. Res 20528 approving a purchase order with Birdair Inc., for the purchase and installation of the airport inspection plaza fabric roof structure for $571,475, fully FAA AIP-35 funded. 4. MO 7239 approving Amendment 2 to A4381 with PZL, Inc to extend the term to 12-31-2003 for planning support services, for $25,000; total contract amount of $75,000. 5. SEE EXTENDED CONSENT AGENDA 6. Res 20529 rescinding A4196 and approving replacement securities, Request for Full Reconveyance of the Deed of Trust for Final Map 28610, for property located on Tachevah between Avenida Caballeros and Calle Rolph. APN 507-133-027 — 050. A4622. 7. SEE EXTENDED CONSENT AGENDA 8. Res 20530 and 20531 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 983683 Spurgin Spouse 983780 Spurgin Spouse EXTENDED CONSENT AGENDA: 2. COMPRESSED NATURAL GAS FUELING STATION Recommendation: That the Council approve a lease with ENRG Fuel USA, Inc., for the installation, operation and maintenance of a compressed natural gas (CNG) vehicle fueling station located at the Palm Springs International Airport for a term of 10 years with four options to extend the lease for five years each, for a total of 30 years. A-----. Executive Director — Airports reviewed the staff report and recommended the matter be continued to February 5, 2003 to allow for further research of other alternative fuels being located at the same site. Motion to continue to the item to February 5, 2003 was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that the item be continued. Council Minutes 01-15-03, Page 5. PALM SPRINGS CLASSIC— PD 231 —TTM 28033 Recommendation: That the Council approve an extension of time from November 29, 2002 to November 29, 2003 for the Palm Springs Classic preliminary planned development district (PD 231) and Tentative Tract Map (TTM) 28033 for property located at the southeast corner of Gene Autry Trail and Vista Chino, W-M-1-P and 0-5 zones, Sections 7 & 18. Director of Planning & Zoning reviewed the staff report and added that this action would be the final extension allowed under current law. Resolution 20532 as recommended, was presented; after which, it was moved by Mills, seconded by Oden and carried by the following vote, that R20532 be adopted. AYES: Members Oden, Mills, Reller-Spurgin and Mayor Kleindienst NO: Member Hodges ABSENT: None. 7. 555 TACHEVAH DRIVE LIGHTED CROSSWALK Recommendation: That the City Council approve State Supplement 828 to A4216 for an in-pavement lighted crosswalk and signage for a mid block pedestrian crossing located from the Las Palmas Medical Plaza at 555 Tachevah Drive to the Desert Regional Medical Center for $43,000. State Grant of $30,000, Measure A of $13,000. No General Funds required. CP2002-10. Councilmember Mills stated Conflict of Interest due to business client relationship. Mayor stated Conflict of Interest due to proximity of residence. City Engineer reviewed the staff report. Minute Order 7240 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges and carried by the following vote that MO7240 be adopted. AYES: Members Hodges, Oden and Reller-Spurgin NO: None ABSENT: None ABSTAIN: Member Mills and Mayor Kleindienst. PUBLIC HEARINGS: 9. APPEAL—THOMAS FLANAGAN — 3863 E. CALLE SAN ANTONIO Recommendation: That the Council consider an appeal of the Planning Commission decision of November 13, 2002 related to a side yard setback of three feet for use as a covered workshop for property located at 3863 East Calle San Antonio, Zone R-1-D, Section 19. (89 notices mailed). Council Minutes 01-15-03, Page 5 Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open. Thomas Flanagan, appellant, requested granting of the Variance and overruling of the Planning Commission decision. There being no further appearances, the Hearing was closed. Motion to bring back a "no build" easement for the February 5, 2003 meeting was presented; after which, it was moved by Oden, seconded by Mills and carried by the following vote. AYES: Members Hodges, Mills, Oden and Reller-Spurgin NO: Mayor Kleindienst ABSENT: None. 10. CASE 5.0866 - PDD 267 - TTM 30054— BURNETT COMPANIES. Recommendation: That the Council approve a revised preliminary planned development district (PDD267) and a revised tentative tract map (TTM 30054) for the subdivision of a 61.9 acre parcel into 227 lots for a gated subdivision of single family residences for property located to the northeast of the intersection of Sunrise Way and San Rafael Drive, Zone R-1-C and 0-5, Section 35. (490 notices mailed). Director of Planning & Zoning reviewed the staff report. Mayor declared the Hearing open. Jason Lee, Burnett Companies, requested approval of the project with gates. There being no further appearances, the Hearing was closed. Resolution 20533 as revised to provide an option for developer to gate the project should the project be an active adult community was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried, that R20533 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: Council Minutes 01-15-03, Page 6 11. RIVERSIDE COUNTY ABOP 2002-03 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council approve a contract with Riverside County for program management and facility expansion of the antifreeze, batteries, oil and paint collection center (ABOP) for a term of three years for a total of $15,000; and amend the budget thereto. A4623. Recycling Coordinator reviewed the staff report. Minute Order 7241 and Resolution 20534 as recommended were presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, that MO7241 and 20534 be adopted. 12. TRAMWAY GAS STATION ARCHITECT 2002-03 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council approve an agreement with O'Donnell and Escalante Architects for architectural services to convert the Tramway Gas Station into the City's Visitor Center not to exceed $125,000; and amend the budget thereto. A-----. City Manager withdrew the item. 13. STATE OF CALIFORNIA INLAND CRACKDOWN ALLIED TASK FORCE (INCA) On November 26, 2002 Council withdrew this matter to allow further public review. The process has been completed and it is recommended that the Council approve an agreement with the State of California Bureau of Narcotic Enforcement (BNE) to allow participation in the Inland Crackdown Allied Task Force (INCA) for a term of one year with an option to extend the term for an additional three years. A4624. (Revised) Chief of Police reviewed the staff report Minute Order 7242 as recommended was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and carried by the following vote, that MO7242 be adopted. AYES: Members Mills, Oden, Reller-Spurgin and Mayor Kleindienst NO: Member Hodges ABSENT: None. 14. COMPREHENSIVE FEE SCHEDULE AMENDMENT — HORSE DRAWN CARRIAGES On January 2, 2003 Council directed application and permit fees to be ratified at this meeting related to horse drawn carriages. City Manager stated that the recommendation would implement the fees as a part of the City's fee schedule. Council Minutes 01-15-03, Page 7 Resolution 20535 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that R20535 be adopted. 15. POLICE SAFETY UNIT MEMORANDUM OF UNDERSTANDING AMENDMENT Recommendation: That the Council approve a side letter of agreement to the Memorandum of Understanding (MOU) with the Police Safety Unit (PSPOA) concerning Article 37 Miscellaneous Provisions for a term of July 1, 2000 through June 30, 2004. City Manager reviewed the staff report and added that the approval would bring the rules into conformity. Minute Order 7243 as recommended was presented; after which, it was moved by Hodges, seconded by Mills and unanimously carried, that MO7243 be adopted. 16. BOARD & COMMISSION APPOINTMENTS Recommendation: That the Council direct staff regarding the Board and Commission process to be implemented for the 2003 annual recruitment and current vacancies. Council direction to discuss process and Board & Commission vacancy appointments for February 5, 2003. 17. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: Councilmember Hodges requested "downtown" discussion for upcoming study session. CITY COUNCIL reports or requests 18. Treasurer's Investment Report as of November 30, 2002. Received and Filed. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk