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HomeMy WebLinkAbout1/3/2001 - STAFF REPORTS (2) CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 20, 2000 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 20, 2000, 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 Jones, Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Mandana Towfiq — Baha'i Faith REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on December 15, 2000. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 of agenda this date. PRESENTATIONS: Positive Alternatives for Youth HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Lou Cunningham, no address given, requested the Council reconsider closing and selling the preschool; and added that the preschool is needed in the Community. APPROVAL OF CONSENT AGENDA: Items 1 thru 9. Except Item #5. CONSENT AGENDA: Comments regarding item 7: Councilmember Jones questioned if the funds donated by the Agua Caliente Band of Cahuilla Indians were designed for design only; and questioned if there have been any additional donations other than the Tribe and the City; and added that there is some concern in moving ahead if there is no funding in place. Director of Facilities stated that the funds from the Agua Caliente Band of Cahuilla Indians were designed for design purposes only; that there have been some donations received above the $30,000; and that the donations are being placed in a separate account designated for construction of the park. Council Minutes 12-20-00, Page 2 Councilmember Oden stated that the project needs to move forward; that the project has been divided into tasks; and that as each task is completed the project moves to the next step; and questioned if noise impacts, transportation issues and economic development were tied to the first task. Director of Facilities stated that noise impacts are being addressed through Community meetings; that this phase will be the conceptual design and information gathering; that Sunline does have stops around the project area. Mayor clarified that it would be the City's position to request any adjustments to the routes; and added that the intent should be to allow pedestrian access come from the north side of the project, not the Ramon side due to safety. Councilmember Oden stated that there might be a need for additional transportation and parking to the area from other parts of the City, due to the number of activities that will be held for youth. 1. Approval of Minutes of October 4 & November 29, 2000. 2. MO 6764 approving an agreement with Dad & Sons for scheduled cleaning of airport terminal and concourse windows for a term of one year with two 1/year options for$36,000 per year. A4320. 3. MO 6765 approving an agreement with M. W. Jarrett Custom Pest Management for soil sterilization at the airport to suppress plant growth in safety areas and along perimeter fencing for $39,680. A4321. 4. MO 6766 approving an agreement with Amber Construction Inc., for the Desert Aids Project tenant improvements, Schedules A& B, (1998199 & 1999/00 CDBG funding) for$193,581, CP00-06. A4322. 5. SEE EXTENDED CONSENT AGENDA 6. Res 19954 authorizing purchase of 17 Global Electric Motors (GEM), Neighborhood Electric Vehicles (NEV) from Quality Car, Inc., of Midway City, CA., for a total cost of$166,301.00. 7. MO 6767 approving an agreement with Interactive Design Corporation for a three-phase project for preliminary design of Skate Park and Swim Center project for$36,000. A4323. 8. Res 19955 rescinding Resolution 19906 regarding acceptance of gift deed for the Palm Canyon Ranch property. 9. Res 19956 approving Claims & Demands. Council Minutes 12-20-00,Page 3 Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Hodges 959776 DWA Client of Employer 959777 DWA 959806 G&M Const. 959814 Granite Const. 959913 Preferred Plumbing Reller-Spurgin 960092 Spurgin Spouse EXTENDED CONSENT AGENDA: 5. MARTIN COMMUNICATIONS SETTLEMENT AGREEMENT Recommendation: That the Council approve a settlement agreement with M.C. Partners, dba Martin Communications for completion of landscape and irrigation improvements on Mesquite Avenue, between Gene Autry Trail and the Dinah Shore Bridge. CP95-38. A4324. City Attorney stated that a process was entered into to settle landscaping issues; that there has been an alternative plan submitted; that agreement has been reached by both parties; that the agreement includes maintenance of the area and the ability of MC Partners to request additional maintenance in an earlier timeframe if needed. Councilmember Hodges stated opposition to the agreement; and added that the City was in a good position to litigate the matter; that the City did not approve the placement of the billboards; and that the staff should not be placed in a position of monitoring landscape in a designated area. Mayor stated that this issue has been before the Council for some time; that there are times when a stand should be taken by the City; that while none likes litigation there are times when it is the alternative; that there is not a consensus of the Council on this issue; and that should the matter have gone to court, the City may have prevailed. Councilmember Jones stated that this is one of the first items addressed on Closed Session when he took Office; that it was thought the matter could be settled in a few months and that the area could get landscaping, but instead, the issue has been ongoing, and there is no landscaping; that the chances of prevailing in Court are 50% or less; and that at this point the Council should approve the settlement. Councilmember Oden stated that the City does try to avoid litigation; that it is disappointing that the matter has taken so long to settle; that an important lesson has been learned by the City and that the experience of this matter should help avoid costly problems in the future. Council Minutes 12-20-00,Page 4 Councilmember Reller-Spurgin stated that situations of adversity should be faced with compromise; and added that even though this matter took a long time to settle, the situation with the billboards is temporary. Minute Order 6768 was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and carried by the following vote that MO6768 be adopted. AYES: Jones, Oden and Reller-Spurgin NO: Hodges and Kleindienst. PUBLIC HEARINGS: 10. TTM 29695 PD263 Cs 5.0850 - COACHELLA VALLEY HOUSING COALITION Recommendation: That the Council approve Tentative Tract Map 29695 and Planned Development District 263 to allow a 9 lot subdivision and single family residences located on the west side of Avenida Caballeros between Cottonwood and Chuckwalla Road, R-2 zone, Section 11. Director of Planning & Building reviewed the staff report and visually reviewed the site plans; and added that the sidewalks will be closer to the curbs for the access of children to vehicles and to prevent the continued damage of landscape in the area. Mayor declared the hearing open. Reuel Young, Interactive Design, project architect, stated that the project was started four years ago; that the housing is needed in the Community; that the project was designed with the concept that the street is a part of the neighborhood; that each property has bay parking to discourage parking along the street; that the homes have a side yard off the kitchen area to allow children to play under the eyes of parents; that the homes will have porches to encourage the front of the homes to be used; that in Urban development the front of the house is the eyes of the residents; that when residents' eyes are taken away from the street, there are potential dangers; that the landscaping will be a continuance of the neighboring project in formation and for unification of the neighborhood and requested approval of the project. Rebecca Dennis, CVHC, stated availability for questions regarding the project. Scoter Damien, property owner, stated that he does pick his child up from Raymond Cree Middle School and that traffic is impossible in the area; that with the new addition there will be limitations on parking; and will effect the school; that the project is substantially better than the vacant lots now in the area, but there are traffic concerns that should be mitigated. Comicil Minutes 12-20-00,Page 5 Tim Radifry, 522 & 550 Cottonwood, stated that there are a few concerns with the project; that the size of the lots are substandard; that the timeline of completion of the self-help housing is not stated; that there is no long term plan for ongoing maintenance of the common areas; that there is no homeowners association; that the project is a critical point for the transition of the neighborhood and urged the Council to table the matter and consider all the issues before final decision is rendered. There being no further appearances the hearing was closed. Councilmember Hodges questioned if this project was a partial sweat equity program and if there is a timeframe for completion of the homes. Director of Planning & Building stated that approximately 76% of the homes constructed will be by contractor; that the remaining finish work will be sweat equity; that no one home can be occupied, until all the homes are finished; that if the Council desired, timeframe for completion could be added to the conditions of approval; and added that the Planning Commission will be reviewing the final plans. Councilmember Hodges stated that it is foreseeable that the project could extend for some time and added that a condition should be added to allow the Planning Commission to establish a time frame for completion. Ms. Dennis, CVHC, stated that there is a maximum of 12 months for projects that are self-help; that the standard is that most are finished in 7 — 10 months; and recommended the establishment of a 12 month time completion. Councilmember Hodges concurred; and added that some projects seem to go on forever and that it is important for any project to have a completion date. Councilmember Oden stated that the Revitalize Our Neighborhoods project has been changing our Community; that part of the reason that these lots are now available for building is the cleanup of the neighborhood; that the concerns for a timeline are understandable; that homeownership is a high motivator; that there is a cohesiveness in this project, due to the neighborhood working together; that it is pleasing to see pride in the Community and with the new component of homeownership a balance will be in the neighborhood. Councilmember Jones concurred. Council Minutes 12-20-00,Page 6 Mayor stated that there is some reluctance on approval of the project; that the design solution is not recommended; that there are some agreeable points, but that the overall plan is not practical; that the architecture and colors are good; but that the type of housing is not a fit for this neighborhood; that the Revitalize the Neighborhood did abate blighted conditions in the area; that the vacant lots as a result of razing buildings were more slightly; that there is a lot of reinvestment in the area; that this proposed plan does not fit; that it is not certain that the common properties will be maintained; that in the past self-help housing has struggled and not worked in Palm Springs; and added that the design element is not agreeable. Resolution 19957 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and carried by the following vote that R19957 be adopted. AYES: Hodges, Jones, Oden and Reller-Spurgin NO: Kleindienst. 11. ASSOCIATION OF BAY AREA GOVERNMENT MEMBERSHIP TEFRA HEARING-ISSUANCE OF REVENUE BONDS Recommendation: That the Council approve membership in the Association of Bay Area Governments (ABAG) and associate membership in the ABAG Finance Authority for nonprofit corporations and hold a TEFRA hearing for the issuance of ABAG Finance Authority Bonds to assist the Desert Aids Project for $4,000,000. Redevelopment Director reviewed the staff report, no further report was given. Mayor declared the hearing open. John Brown, Desert Aids Project representative, stated that DAP appreciated the support of the City; that with the support the effort to do all that can be done for those who need help the most will be done; that it is a dream come true to be able to purchase the building; that the purchase is a statement that DAP will be in place as long as it is needed; that there will be a savings on facility costs; that City staff was instrumental in the process; that with the advances in therapy, people with AIDS are living longer, but that infection is not decreasing; and urged approval of the matter. There being no further appearances the hearing was closed. Councilmember Oden stated that DAP does provide a specialized service to the Community; that the site is regionally based and does have a need for expansion; that they are ready to purchase the building; that approval of the matter will allow long term bonds; that the City is not at risk; and recommended approval. Council Minutes 12-20-00,Page 7 Councilmember Hodges stated that anything the City can do to help DAP should be done; that it is regrettable that the organization is needed, but that it is a great asset to the Community. Councilmember Jones expressed support of the matter. Mayor stated that the best option would be no need for DAP, but that AIDS is a reality; that the Community is fortunate to have DAP located here; that the commitment of DAP is commendable; that the City has tried to be generous in its support to the organization; and questioned if this type of funding would be an option for other non-profits in the Community. Resolution 19958 approving ABAG Membership and Resolution 19959 approving issuance of Bonds were presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried that R19958 and 19959 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. Councilmember Oden requested staff to review Nightingale Manor regarding ADA standards and Code compliance. Councilmember Jones requested Community volunteers to staff the Palm Springs Youth Center for programs on Saturdays. LEGISLATIVE ACTION: 12. ORDINANCE FOR SECOND READING & ADOPTION (Intro 12-6-00) City Clerk read Title of Ordinance 1592 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 6.04.180 OF TITLE 6 OF THE PALM SPRINGS MUNICIPAL CODE PERMITTING THE TRANSPORT OF WASTE OVER CITY STREETS IN CERTAIN CIRCUMSTANCES after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, that further reading be waived and that Ordinance 1592 be adopted. Council Minutes 12-20-00,Page 8 13. BUDGET AMENDMENT-WASTEWATER TREATMENT PLANT UPGRADES Recommendation: That the Council approve amending the budget appropriating $1,870,686 from the Wastewater Treatment Plant fund reserves for Wastewater Treatment Plant upgrades and a denitrification study and approve the transfer of $1,034,000, per Measure U from the General Fund to the Wastewater Treatment Fund, total estimated project costs $2,904,686. City Manager reviewed the staff report, no further report was given. Resolution 19960 amending the budget for $1,034,000; and Resolution 19961 amending the budget for $1,870,686 were presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, that R19960 and 19961 be adopted. 14. AGUA CALIENTE BAND OF CAHUILLA INDIANS — STREET IMPROVEMENTS AGREEMENT Recommendation: That the Council approve a Street Improvement Agreement inclusive of Instrument of Credit (IOC) for Faithful Performance and Labor and Material bonds, for street improvements related to The Tahquitz Canyon Visitors Center, located north of the west end of Mesquite Avenue. A4325. City Engineer reviewed the staff report and added that the agreement does provide for street improvements; that the staff does recommend approval. Resolution 19962 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried that R19962 be adopted. 15. CALIFORNIA ENERGY COMMISSION GRANT/LOAN PROGRAM Recommendation: That the Council approve application for a grant and matching low interest loan from the California Energy Commission (CEC) for the purpose of retrofitting all traffic signals with cost saving 7 — 12 watt LED lamp indicators to replace the current 135 watt incandescent lamps, for a total cost of $226,048. (Grant amount $192,000). City Manager reviewed the staff report, no further report was given. Councilmember Hodges expressed appreciation for staff effort to obtain grants. Resolution 19963 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried that R19963 be adopted. Council Minutes 12-20-00,Page 9 16. 562 WEST ARENAS ROAD-RESOLUTION OF CONVENIENCE & NECESSITY Recommendation: That the Council approve a Resolution of Convenience and Necessity to establish a Type 67 license for on-sale privilege of wine for a bed & breakfast inn located at 562 W. Arenas Road, R-2 Zone, Section 15. Director of Planning & Building reviewed the staff report. Councilmember Hodges stated that the circumstances are unusual and questioned if this type of request has been made before. Director of Planning & Building stated that Resolutions of Convenience have come fore the Council in the past; but that this may be a new type of license. Councilmember Oden stated that the request is unusual and added that there may be a number of these facilities that are serving without a license. Councilmember Reller-Spurgin stated that it is not her belief that her name should be leant to endorse a Resolution of Convenience to serve alcohol. Mayor questioned if the service was wine only. Director of Planning & Building stated that the license was limited to wine. Councilmember Hodges stated that this type of Resolution is usually considered for liquor stores and that for this facility to request to sell wine is unusual. Mayor clarified that the request is to sell wine by the glass, not by bottle. Director of Planning & Building stated that staff would research to determine if this is a new type of permit that will be coming to the Council in the future. Resolution 19964 as recommended was presented; after which, it was moved by Oden, seconded by Hodges, and carried by the following vote that R19964 be adopted. AYES: Hodges, Jones, Oden and Kleindienst NO: Reller-Spurgin. 17. UAW-GM CONFERENCE TRAINING EVENT WAVIER OF FEES Recommendation: That the Council waive fees for the rental of closed Taxiway "A" at the Palm Springs International Airport during the period of January 7, 2001 through February 4, 2001 for $4,000. City Manager reviewed the staff report. Councilmember Oden stated the event is good for the Community. Council Minutes 12-20-00, Page 10 Minute Order 6769 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried that MO6769 be adopted. ADDITIONAL LEGISLATIVE ITEMS: 18. FEDERAL AVIATION ADMINISTRATION LEASE ASR-9 RADAR Recommendation: That the Council approve a lease agreement with the FAA to operate an ASR-9 radar facility on airport property. A4326. Acting Director of Aviation reviewed the staff report; no further report was given. Minute Order 6770 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Jones, and unanimously carried that MO6770 be adopted. ADDED STARTERS: Motion to add item concerning a contract to provide the use of the Palm Springs Jail Facilities to Cathedral City was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, that the item arose subsequent to the posting of the agenda, and that the matter be added for consideration. AS1. PALM SPRINGS JAIL FACILITIES Recommendation: That the Council approve a contract providing the use of Palm Springs Police Department jail facilities to City of Cathedral City, with a fee of$30,000 per calendar year, due and payable on April 1 of each year. A4327. Police Chief reviewed the staff report and added that recent changes in legislation does not allow for reimbursement of booking fees for prisoners booked into city facilities and recommended approval. Councilmember Reller-Spurgin stated that that the Safety Committee of CVAG has worked to get the fees restored to the Cities and recommended approval. Mayor questioned whose procedures are followed once a prisoner is booked; and requested modifying the language in the contract to refer to designation of the representative of Cathedral City to be the Police Chief. Police Chief stated that modification will be made; and that the procedures of the City of Palm Springs will be followed. Minute Order 6771 was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried that MO6771 be adopted. Council Minutes 12-20-00,Page 11 REPORTS & REQUESTS: None CITY COUNCIL reports or requests: None PUBLIC reports or requests: None STAFF reports or requests: City Manager reported the Homeless Task Force site issues will be discussed at the upcoming DOGS meeting. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk