HomeMy WebLinkAbout1995 - MINUTES - 11/15/1995 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
NOVEMBER 15, 1995
A Regular Meeting of the City Council of the City of Palm Springs, California, was called to
order by Mayor Maryanov, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday,
November 15, 1995, at 6:00 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 Kleindienst,Lyons,Reller-Spurgin, and Mayor
Matyanov
Absent: Councilmember Hodges
The meeting was opened with the Salute to the Flag, led by Boy Scout Troop 199, and a moment
of silence.
REPORT OF POSTING OF AGENDA: The agenda was posted in accordance with Council
procedures on November 10, 1995.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 6 of agenda this date.
HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT
AUTHORITY - No business
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the
purpose of converting as the Community Redevelopment Agency; after which, members
reconvened as the City Council.
PRESENTATIONS:
PSHS Student Body Report
Amoral Law Enforcement Award - to Police Dept. from Alternatives to Domestic
Violence.
PUBLIC HEARINGS:
1. TRACT 28284 - LINSU
Recommendation: That the Council approve a tentative tract map for Lmsu Development,
for condominium purposes at the SE corner of Indian Canyon and Vista Chino, Section
11.
Director of Planning &Building highlighted the details of his memorandum, which is on (137-
file with the City Clerk, and displayed plans on the boards. 103)
Mayor declared the hearing open.
Stephen Payne, developer, thanked the Council and staff for their assistance in m doing
the project a reality.
There were no further appearances, and the hearing was closed.
Resolution 18729 as recommended, was presented; after which, it was moved by Lyons,
seconded by Reller-Spurgin, and unanimously carried, Hodges absent, that R18729 be
adopted.
2. INTERIM ORDINANCE - HOTEL CONVERSIONS
Recommendation: That the Council approve final one year extension of urgency
ordinance which established interim zoning regulations for the conversion of hotel (103-
properties in certain zones to condominium hotels under a conditional use permit. 044)
Councilmember Kleindienst stated he would abstain due to a client who could benefit from
the ordinance.
Council Minutes
11-15-95, Page 2
2. INTERIM ORDINANCE - HOTEL CONVERSIONS (Continued)
Director of Planning & Building highlighted his memorandum, a copy of which its on file
with the City Clerk, noting that this will be the final extension of the interim provisions.
Mayor declared the hearing open; there were no appearances, and the hearing was closed. ,
City Clerk read title of Ordinance 1521, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
EXTENDING THE INTERIM ZONING REGULATIONS OF ORDINANCE
1488 FOR THE CONVERSION OF EXISTING I-IOTi'EL PROPERTIES TO
CONDOMINIUM HOTELS AS fIEREIN DEFINED AND DECLARING THE
URGENCY THEREOF.
after which, it was moved by Reller-Spurgin, seconded by Lyons, and unanimously
carried, Hodges absent, and Kleindienst abstaining, that 01521 be adopted.
3. ZONE CHANGE 5.0692 - CONSISTENCY PROGRAM I-10/INDIAN CANYON
Recommendation: That the Council approve change of zone from M-1-P to H-C
(Highway Commercial) at I-10 and Indian Canyon Drive, for General Plan consistency
and to facilitate appropriate development at that location.
Director of Planning & Building reviewed his memorandum, which is on file with the (149-
City Clerk, noting that the proposal is part of the program to develop consistency between 015)
zoning and the General Plan as updated in 1993; that property owners have indicated they
feel it will be helpful, and there were no public comments at the Commission hearing.
Mayor declared the hearing open, there were no appearances, and the hearing was closed. '
City Clerk read title of the Ordnance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP TO CAUSE CONFORMITY WITH THE
GENERAL PLAN ADOPTED MARCH 3, 1993, AT THE SOUTHEAST
QUADRANT OF THE INTERCHANGE OF INTERSTATE 10 WITH INDIAN
CANYON DRIVE, SECTIONS 14 & 23.
was presented; after which, it was moved by Kleindienst, seconded by Reller-Spurgin, and
unanimously carried, Hodges absent, that the Ordinance be introduced for first reading.
4. PDD 239 & GPA - MARUT & CONRAD
Recommendation: That the Council approve a General Plan amendment and preliminary
and final plahmed development district for single-family conversion to a bed and breakfast
Inn at 412 W. Tahquitz Canyon, Paul Nlarm and Tracy Conrad, Section 15.
Director of Plamiing & Building reviewed his memorandum, which is on file with the (116-
City Clerk, and details of the plans displayed on the board; also noting that the General 110)
Plan amendment covers two other properties in the area, which are available for bed-
breakfast type uses. hh answer to question by Council, lie stated that there is no right-of-
way, nor any intent to extend circulation west of Tahquitz.
Mayor declared the hearing open. (101- ,
011)
Reull Young, Architect for the prgject, expressed appreciation far staff and Commission
work on the application.
There were no further appearances, and the hearing was closed.
j 4"r h4
Council Minutes
1145-95, Page 3
4. PDD 239 & GPA - MARUT & CONRAD (Continued)
Resolutions 18730 (GPA) and 18731 (PD), were presented; and the City Clerk read title
of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
' AMENDING THE ZONING MAP BY APPROVING PLANNED
DEVELOPMENT DISTRICT 239 (PD-239), FOR THE CONVERSION OF A
SINGLE-FAMILY HOUSE TO AN 8-ROOM BED AND BREAKFAST INN,
LOCATED AT 412 WEST TAHQUITZ CANYON WAY, R-A-1, SECTION 15.
was presented; after which, it was moved by Kleindiensl, seconded by Reller-Spurgin, and
unanimously carried, that further reading of the Ordinance be waived, the Ordinance be
introduced for first reading, and that R18730 and 18731 be adopted.
INTERAGENCY REPORTS:
a) Councihmember Lyons reported on his attendance at the CVAG Energy &
Environment Committee, at which the MRF RFP was discussed, and that
Bedminster had not submitted a proposal, but he understood the Palm Springs
staff would be doing a presentation to the Executive Committee.
PUBLIC COMMENTS:
a) The following persons spoke on matters not related to an agenda item:
Myra Goldwater, resident, commended the Council for its forbearance in terms
of public comments it has heard in the past two years.
' John Booth, P.S. Police Association, commented on successful Tramway Road
Run, and availability of commemorative Tee-shirts, proceeds of the event to
benefit a police memorial fund.
Steve Vericker, congratulated new officeholders, and urged the new Council to
take a careful look at the Golf Course, with a focus on selling it, and getting out
of the debt of it; and he supported the appointment of Rod Oden to the Council.
Linda Sroda, complimented the Police Department for the care and sensitivity
shown by personnel during evening hours when victims of domestic violence
have come to the police station.
Mayor noted that the Council previously reviewed the potential of disposal of the
golf course, and because of bond financing involved, the City would have lost$7
million; and there was no consequence but to have proceeded with the course.
Darrell Meeks congratulated new office holders, recommended the appointment
of Ron Oden to fill Mr. Kleindienst vacancy which will be created in December;
and asked for clarification whether the promoter of the race is paying any of the
cost in Item 2 1; and that he supported Item 11.
LEGISLATIVE ITEMS:
5. VISTA CHINO FEMA FLOOD ISSUE - CATHEDRAL CITY REQUEST
' Consideration of request of Cathedral City to fund a portion of the cost to elevate and
construct the Vista Chino Road crossing at the east levee of the Whitewater River to
eliminate a potential flood water breakout at the location, and to obtain conceptual (136-
approval of tine project; budget amendment of$100,000 from local Measure A funds. 040
Council Minutes
11-15-95, Page 4
5. VISTA CHINO FEMA FLOOD ISSUE - CATHEDRAL CITY REQUEST (Continued)
Director of Public Works reviewed details of his memorandum, which is on file with the
City Clerk. In answer to questions by Council, he stated that the majority of the elevated
roadway work is in Palm Springs, and the flood improvements ate on the Cathedral City
side; that the Flood Control District is paying for the levee; than the City currently has ,
some flooding, but very limited; that raising the roadway will create more of an
opportunity to have road wash-out, for which the City assumes at 50% liability to repair
it.
Vern Hazen, City Manager for Cathedral City, slated that the project is viewed as a (136-
regional issue, as Vista Chino is a major arterial serving on a regional basis; that the 040)
flood problems can be resolved by the levee, however, the regional aspect of the road
would be lost; that Rancho Mirage has agreed to fund 1/3 of the: cost, and Palm Desert
to participate by $15,000 for different reasons; that Cathedral City suffers a negative
impact by the Mid-Valley Parkway, but supports it because of the regional nature of it,
and has funded $1 million in credit for it, which could otherwise have been spent for an
interchange that is also on the list.
Councilmember Lyons stated that the Mid-Valley Parkway is a C`JAG driver project, and
not of Palm Springs; that he has no problem working together on regional issues, but not
with a disproportionate share of the funding for a project which henefits mainly Cathedral
City and Rancho Mirage.
Mayor staled that the Mid-Valley Parkway is in reality a widening of Dinah Shore Drive,
and Indian Canyon is more of a regional issue to Palm Springs, and lie questioned why
Palm Desert's share was so little, and why Indian Wells or La Quinta were not also
involved.
City Manager stated that he advised Mr. Hazen that the issue might be a difficult one for '
elected officials to support, that ]he considers it a regional roadway, and would like to
have CVAG and the two cities talk about CVAG's responsibility as a major roadway.
Councilmember Reller-Spmgin stated her concern is the assumption by Palm Springs of
50% of the liability for a situation which will created by the project, which Palms Springs
does not otherwise already have.
Following discussion, it was moved by Lyons, seconded by Reller-Spurgin, and
unanimously carried, Hodges absent, that the City Manager pursue this matter with
CVAG and with the other cities, looking in particular at monetary contribution.
6. WHITEWATER RIVER FLOOD CONTROL LEVEE CONSTRUCTION
Recommendation: That the Council approve ajoint agreement between the City and the
Flood Control District, and Cathedral City, for installation of concrete lined levees for
flood control purposes along the westerly bank of the Whitewater River wash from Indian
Canyon Drive to south of Ramon Road - approximately 6 miles - CP95-40, A3619.
Director of Public Works reviewed details of his memorandum, which is on file with the (088-
City Clerk. In answer to questions by Council, he slated that the same situation does not 004)
occur as on Vista Chino; that the project is covered by Riverside County Flood Control;
that drainage fees and annual assessment, which were established to protect tine
community and from which flood control improvements have been funded; that only the
sides of the charnel will be concrete-Lined, with native materials or the top of lire levee;
and that he did not believe raising the roadway will increase the City's exposure to future
costs, but will confirm that.
City Manager stated that staff is looking at fee dis-incentives to development, and lie will
be encouraging this type of work in order to free up areas foi potential development,
which are otherwise now restricted.
0225
Council Minutes
11-15-95, Page 5
6. WHITEWATER RIVER FLOOD CONTROL LEVEE CONSTRUCTION (Continued)
Director of Public Works stated that there are no city-generated funds in the cost of this
project.
' Minute Order 5658 as recommended, was presented; after which, it was moved by
Kleindienst, seconded by Lyons, and unanimously carried, Hodges absent, that M05658
be adopted.
7. 1994 UNIFORM CODES (BUILDING, ETC)
Recommendation: That the Council introduce ordinances to adopt the 1994 editions of
the various Uniform Codes, the 1994 Life Safety Code, and the 1993 National Electrical
Code, together with amendments, additions, and deletions, thereto; and adopt Resolution
making expressed findings. Public hearing will be held on December 6, 1995.
Director of Planting & Building highlighted his memorandum, noting the expressed
findings which are required to be made to establish local amendments to the codes.
Resolution 18732 making findings was presented; and the City Clerk read title of the
Ordinances, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING AND AMENDING THE UNIFORM BUILDING CODE ( 112-
VOLUMES 1, 2 AND 3 WITH APPENDICES CHAPTERS 3 DIVISIONS II 004)
AND IV, 4 DIVISION II, 15, 31 DIVISION III, AND 33, UNIFORM
MECHANICAL CODE, UNIFORM PLUMBING CODE, UNIFORM
HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS, UNIFORM SOLAR ENERGY CODE, UNIFORM
' SWIMMING POOL, SPA AND HOT TUB CODE, UNIFORM
ADMINISTRATIVE CODE AND THE LIFE SAFETY CODE ALL BEING
1994 EDITIONS AND THE NATIONAL ELECTRICAL CODE, 1993
EDITION.
and
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE PALM SPRINGS MUNICIPAL CODE, CHAPTER 11.02
TO ADOPT AND AMEND THE 1994 EDITION OF THE UNIFORM FIRE
CODE.
after which, it was moved by Lyons, seconded by Reller-Spurgin, and unanimously
carried, that R18732 be adopted; that further reading be waived, and that the Ordinances
be introduced for first reading.
8. AIRPORT TERMINAL TICKET WING EXPANSION - DESIGN
Recommendation: That the Council authorize Work Directive #19 with Gensler
Associates for development of filial design documents related to the ticket wing expansion,
fixed fee $57,000. A2781.
City Manager highlighted the memorandum of the Director of Aviation. (051-
055)
' Minute Order 5659 as recommended, was presented; after which, it was moved by Reller-
Spurgin, seconded by Lyons, and unanimously carried, that M05659 be adopted.
0226
Council Minutes
11-15-95, Page 6
9. AIRPORT NOISE INSULATION PROGRAM BOUNDARY MAP
Recommendation: That the Council approve the Noise Insulation Program Boundary
Map, dated November 15, 1995, to allow up to $25,000 worth of improvements to be
made to homes most heavily impacted by noise generated by the, Airport.
Director of Aviation review his memorandum, which is on file with the City Clerk:, noting (051- ,
that the "dotted" line on the map indicates the 65db CNEL north of the Airport, and the 046)
"solid" line which is an expanded area in order to follow street limes, and not create side-
by-side variable situations for properties which abut each other, and which if literally
applied, could result in one inside the CNEL and the otter outside of it; that the result
of the expanded area is that 200 homes will be included; that the FAA is working to help
fund the cost for the additional insulation; that once the boundaries are established, an
acoustical consultant will be retained, and FAA grant application process, with the hope
of receiving funding for the first 10 pilot homes by February, 11)96.
Councilmember Kleindienst stated he would abstain for reasons previously slated
regarding the Airport.
Resolution 18733 as recommended, was presented; after which, it was moved by Reller-
Spurgin, seconded by Lyons, and unanimously carried, Hodges absent, and Kleindienst
abstaining that R18733 be adopted.
10. AIRPORT - ENGINEERING SERVICES
Recommendation: That the Council approve Amendment 3 to contract with Isbill
Associates for design of the Ramon Road access route, and relocation of Taxiway A (051-
(A3138), for $171,400 & $160,950, respectively. 021)
Director of Aviation explained that the proposal was before the Council in July, when die '
ballot measure was discussed, and direction given to place it on hold until after the
election; that the access road is 50% funded by CVAG; and the taxiway project 90% by
the FAA.
Councilmember Kleindienst stated he would abstain for reasons previously stated
regarding the Airport.
Minute Order 5660 as recommended, was presented; after which, it was moved by Reller-
Spurgin, seconded by Lyons, and unanimously carried, Hodges absent, Kleindienst
abstaining, that MO5660 be adopted.
11. BUSINESS LICENSE SYSTEM &REVENUE ENHANCEMENT AUDIT PROGRAM
Recommendation: That the Council approve an amendment to contract with Municipal
Resources Consultants to provide a business license system and revenue enhancement (064-
program, at a total cost of$72,718, contingent upon receipt of reimbursement from the 001)
State.
Director of Finance & Treasurer highlighted his memorandum, which is on file with the
City Clerk, adding that it will result in a more complete inventory of city businesses, and
a better form for Franchise Tax reporting, which is why the State: will reimburse:the cost
of the contract; and that if the reimbursement is not received, there will be no charge to
the City.
Minute Order 5661 as recommended, was presented; after which, it was moved by Reller-
Spurgin, seconded by Kleindienst, and unanimously carried, Hodges absent, that Minute
Order 5661 be adopted.
022"7
Council Minutes
11-15-95, Page 7
12. BUDGET AMENDMENT & LOAN - GOLF COURSE
Recommendation: That the Council amend the budget to approve a loan for $2 million
from the General Fund to the Golf Course Fund at 6% for 20 years with repayment to (061-
commence in 1997-98. 017)
' City Manager higlilighted the memorandum of the Director of Finance & Treasurer,
noting that this was a subject of discussion during the budget process.
Resolution 18734 as reconunended, was presented; after which, it was moved by
Kleindienst, seconded by, and carried by the following vote, that R18734 be adopted:
AYES: Kleindienst, Lyons & Maryanov
NO: Reller-Spurgin
ABSENT: Hodges
ADDITIONAL LEGISLATIVE ITEMS: (Satisfied agenda posting requirements)
13. AIRPORT-FRINGE TOED LIZARD MITIGATION
Recommendation: That the Council authorize payment to U. S. Fish & Wildlife for
$24,900 as mitigation for the fringe toad lizard observed during the most recent biological
survey on the Airport.
Director of Aviation reviewed his memorandum, which was provided at the meeting, and (051-
is on file with the City Clerk, noting that the particular reason for the swift action is the 074)
USFWS commitment to notify FAA to end formal consultation because the previous
Federal 10A permit allows incidental taking if a mitigation fee is paid, and FAA's
acceptance to termination of the consultation and concurrence with a fee assessment to be
paid by the Airport before construction.
In answer to question by Councilmember Kleindienst, City Attorney stated that the action
is only an authorization of a mitigation fee, does not change the Habitat, nor affect the
runway, and he did not see any reason for Mr. Kleindienst to have to abstain.
Resolution 18735 as recommended, was presented; after which, it was moved by Rellef-
Spurgin, seconded by Lyons, and unanimously carried, Hodges absent, that R18735 be
adopted.
CONSENT AGENDA:
14. Res 18736 requesting military flight operation adherence to the Airport's nighttime curfew (051-
(action consistent with MOU with ROARE). (Kleindienst abstained). 028)
15. MO 5662 approving Amendment 2 to agreement with Coffman Associates for (051-
development and submittal of Part 150 Noise Compatibility Program Amendment for 028)
Noise Monitoring System, A3184 (action consistent with MOU with ROARE).
(Kleindienst abstained).
16. Res 18737 providing comment to the BLM to waive 150-ft height limit for WECS (123-
redevelopment project on Bureau of Land Management right-of-way by Seawest San 018)
Gorgonio, Inc. - Indian Canyon Drive/Garnet Station Rd., Section 22.
' (051-
17. Res 18738 awarding ton-exclusive operating and lease agreement for operation of car 083
rental concessions to the top 5 rental car bidders, i.e., Hertz, Avis, National, Budget, and 084
Dollar. (Current agreements expire 12-31-95) A3606 through 3610. 085
086 -
087) -
18. Res 18739 approving termination of Airport Lease A1728 (Schutz) and new lease with (051-
Vanderbilt Aircraft, Marine & Motor Finance Corp, in a form subject to City Attorney 025)
approval (rescinds Shewchuk A3571, 3571A and 3571B). (051-
079)
(051-
08 1 )
0228
Council Minutes
11-15-95, Page 8
19. MO 5663 ratifying issuance of purchase order to Desert Water Agency for $53,000 for (136-
cost of relocating water facilities required by City Projects - reimbursable from RCTC 028)
Agr 3466.
20. Res 18740 authorizing acceptance of HUD Section 108 loan commitment of$2 million, (085-
pursuant to Res. 18587 adopted April 19, 1995, to create Industrial development/Business 007) ,
Credit Enhancement Loan Program in the City. A3611.
21. MO 5664 ratifying emergency asphalt removal from alloltee properties as required for the (050-
1995 road race, and contract with James O. Rue Construction., for $12,200. A3612. 025)
22. Res ----- companion action to CRA Item c. - re first amendtnienl to Plaza de las Flores (124-
OPA. Continued to 12/20/95. 049)
23. Res 18741 and 18742 approving payroll warrants & claims & demands. (086-
014)
24. Res 18743 and 18744 companion action to CRA Item a. re Section 35 land sale.
It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, Hodges
absent, that Resolution 18736 through 18744 and Minute Orders 5662 through 5664 be
adopted; Kleindienst abstaining on Items 14 & 15.
ADDED STARTERS: None
REPORTS & REQUESTS:
DEPARTMENTAL REPORTS - Received & Ordered Filed
Treasurer's Monthly - July, 1995
002) '
CITY COUNCIL reports or requests - None
PUBLIC reports or requests - None
STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting adjourned at 8:30 p.m.
DI c 7t S
JUDITH U iCH
City Clerk
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