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HomeMy WebLinkAbout1996 - MINUTES - 11/20/1996...�" rzf 0- CITY OF PALM SPRINGS CITY COUNCIL MINUTES NOVEMBER 20, 1996 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 Talrquilz Canyon Way, on Wednesday, November 20, 1996 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 Barnes, Hodges, Oden, Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, led by Boy Scout Troop 905, and an invocation by Rev. Joe McManus, Unity Church in the Desert. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on November 15, 1996. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 4 of agenda this date. HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY; COMMUNITY REDEVELOPMENT AGENCY: No business PRESENTATIONS: PSHS Student Body Report American Legion Officer of the Year Award to Police Officer A] Franz Gary Jeandron, Police Department, Update re Police Memorial Fundraising Introduction of Calif. Conservation Corps youth work team ' COUNCIL COMMENTS/ANNOUNCEMENTS: a) Mayor and Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting. PUBLIC HEARING: C.U.P. 5.0708 (IBARRA & LYONS) - LAS PALMAS APPEAL Consideration of appeal by Las Palmas Retirement Villas from Planning Commission decision concerning a conditional use permit to Camille Ibarra & Ray Lyons to allow a full -service liquor bar/nightclub at 1117 N. Palm Canyon Drive, C1 zone, Section 10. Director of Planning & Building recommended that the prior action be rescinded, leaving a clean slate before beginning the rehearing; noting that the resolution finds that die (078- Mayor participated in the decision while having a conflict of interest, of which he was 058 ) unaware at the time of the decision. Resolution 18936 rescinding prior R18901, was presented; after which, it was moved by Barnes, seconded by Oden, and unanimously carried, Kleindienst abstaining, that R18936 be adopted. ' Director of Planning & Building reviewed details of his memorandum, noting that the appeal was based on concerns as the overall operation of a night club, noise, security, existing and impact on adjacent residential facility; that the adjacent use is a two-story senior citizen retirement project, and is adjacent to the parking lot behind the bar; that the building in which the bar is proposed contains 5000 square feet on the first floor, of which, 2000 is for the proposed use; that the location previously was used as restaurants under various owners, and most recently was an illegal bar use; and that the Council may uphold, overrule or modify the Planning Commission action. He displayed plans on the board. Council Minutes 11-20-96, Page 2 1. C.U.P. 5.0708 (IBARRA & LYONS) - LAS PALMAS APPEAL (Continued) Mayor pro tent declared the hearing open. Jane Behman, managing member of the Las Palmas Villas, and co-owner of the adjacent gallery/school, stated that she opposed bars anywhere, but in particular to one located in I a residential and business area; and that every child who attends the art schoo.1 will see the bar every time they attend classes. Dick Sroda, resident, expressed concern as to the wording of the resolution impilying that the Council knows that the Mayor was unaware of his conflict, and in his opihrion, that it should be worded that the Mayor "stated he did not know about it;" and that lie thought the Mayor should have been aware that changes in ownership might have an affect on his wife's business. He also commented concerning the cost of rehearing, and he thought the Mayor should pay for it. Pauline Smith, resident in the area for 52 years, opposed the suggested use as a bar; that the senior project is beautiful, and at her age, is not one she would consider if it were located next to a bar. Peter Behman, managing director of the Las Palmas Villas, and appellant, rioted that number of letters and faxes were delivered to the Council, from people in the neighborhood opposing the use; that until recently, the area was depressed, with boarded buildings and residences; that in the last thee years, the area has been changing (078- substantially, and many buildings have been improved at great investments to the owners; 058 ) that the City has participated in the improvements through infrastructure and with the Downtown Development Director and the Uptown Association; that there are not as many abandoned residences as there were; that he, too, purchased and upgraded a residence in the area, and he felt values have stabilized and are gradually increasing; that he received a CUP to upgrade the former Don the Beachcomber property; that 38 units were , reworked, of which they have 8 occupied, and expect 2 more within a few weeks; that 20 of the units face the Lyons property line; that Mr. Lyons was the owner of the illegally operated bar, and during that time, there were numerous drunk and disorderly complaints, noise, and reckless driving the parking lot; and that such a use is not compatible with a retirement complex. Master Behman stated that drinking alcohol is "uncool." Darrell Meeks, resident, stated that the Council should give weight to the decision of the Planning Commission, as the body the Council has appointed to make these decisions. Lisa Delosa (?) Ibarra, stated that Don the Beachcomber, Trendwest, Giorgios, all had nightclubs in that area; that Mr. Behinan created a very nice property; that the proposed use is for a sports lounge; and that the gallery/school will not be open during the same hours. Ray Lyons, partner in the project, stated that they have invested money to keep the operation open, and considers it a prime location, and he looked forward to making improvements and working with the City; that he has two possible tenants, wanting a sports lounge; that it will not be a nightclub; and that a vacant building will not do anyone any good. Don Frank, resident, stated that the area needs to be "spiced up" as it only has tine hospital and medical offices in it. Fred Ebeling, resident, stated that the community needs "life" and the Council selected the Planning Commissioners and should listen to them. Grace Chavez, resident of Las Palmas Villas, stated that while the children may be present at off hours from the bar, the residents are still affected by it; that she did not like the noise or the worry associated with living next to a bat; and that she agreed Palm Springs should move ahead, but she did not see how a bar would help with that. Council Minutes 11-20-96, Page 3 r 19 C.U.P. 5.0708 (IBARRA & LYONS) - LAS PALMAS APPEAL (Continued) Penny Burrowes, resident of Las Palmas Villas, stated that it was almost unbearable when the bar was open, with noise and bottles, and profanity; and that the senior project is too nice not to be protected. ' There were no further appearances, and the hearing was closed. In response to questions by Council Director of Planning & Building stated that the hours of operation would be 2 p.m. to 2 a.m.; that there were no appearances at the Planning Commission hearing, and it did not receive the testimony which has been given to the Council, nor did it have information concerning police calls to the area; that the applicant is the building owner, and the party who would be responsible for improvements. Councilmember Hodges stated that while both Mr. Behman and Mr. Lyons attempted to contact her by telephone this date, she was unable to return the calls, and did not speak (078- to either party; that she has not changed her mind from the original hearing, and not 058) much has changed since that time; that she opposes the stand alone nightclub use, whether called that, a bar, or a lounge; that it is not the same as prior uses, which were restaurants with bars and not just bars or nightclubs; that she would not have as much problem if it were a restaurant with a bar, but she did not favor a stand alone bar in that area. Councilmember Barnes stated that he also did not have an opportunity to return telephone calls, and has not spoken with either Mr. Belnman or Mr. Lyons; that regarding the rear entry noise, and possible buffer, however, the noise would still emanate when the door is open; that he agreed with Councilmember Hodges, that whether it is a bar, nightclub or lounge, it is not a restaurant with a secondary lounge or bar; that the prior illegal use is not an issue; that le considered the upgrading in the area which has taken place to be ' very relevant to the decision; that he saw the property before Mr. Behman upgraded it, and it was very scary, complete with illegal and immoral activities; that the bar started in a the area when it was having problems, but things are now picking up; that if that had not been the case, he still would have been reluctant to approve a stand alone bat; that it does not go along with theme of what is happening, and hopefully will continue to happen. Councilmember Oden stated that he lives tip the street from the proposed use, and began to formulate his thoughts on this subject, when the City Attorney interrupted him, and questioned him as to what is the proximity of his residence (estimated by Mr. Oden at 1-2 blocks); and that without specifics, there was the potential for a conflict of interest. He recommended that this matter be deferred until he can discuss the situation with Mr. Oden, and make au analysis of whether there is a conflict. Councilmember Spurgin indicated she would be absent from December 4 meeting, but expected to be able to return on December 18, 1996, following surgery. It was moved by Barnes, seconded by Oden, and unanimously carried, Kleindienst abstaining, that this matter be continued to December 18, 1996. PUBLIC COMMENTS: a) Comments on matters not related to an agenda item: Mary Drury, Regional Manager for Southern California Edison, introduced herself as the manager succeeding Ralph Hitchcock, and urged that the Council's liaison to Sunline oppose its action on December 4, concerning any acquisition of electricity resources. Dick Sroda, resident, stated that he was ratable to locate a copy of a contract approved by the City Manager with Dennis Acouri, and that he considered such an action illegal; that the City is agreeing to pay someone who works for the news media, which he considered a conflict of interest, and did not understand why the radio station which employs Mr. Acouri, or the City, is permitting it. 13 Council Minutes 11-20-96, Page 4 b) Comments concerning Item 2: The following persons spoke in support of accepting the proposal of Country Club Limousine, and praised its owners for long-standing business and professionalism in the conununity, and for being responsive to the RFP': Eric Meeks, Celebrity Book Store. Steven Valuena (?), Sahara Limousine C.E. Dalils, P.S. Limousine Services. Ron Johnson, Smoke Tree Travel. Darrell Meeks, resident. Jim Stuart, resident. Steve Grasha, resident. Harry Melrose, resident and real estate business person. Fred Ebeling, resident. Ron Cole, taxicab owner, supported the staff recomaendation to reject the proposal, adding that he did not think the time was riglht for such a service; that he and other cab owners feel the major problem is that hotels are inconsistent in whether to provide shuttle service; that there needs to be more study. He also commented on a survey -solicitation occurring at the Airport, and submitted a copy of the questionnaire being circulated by Booz, Allen & Hamilton. Norman Bender, taxicab owner, also supported rejecting the proposals, stated that there is no need for such a service now, or in the future, because there are buses, limousines, taxicabs and destination services; that the result would be hardship on local businesses; that there is not an established system to support it; and that if the Council does proceed, it should award it to the Millers. Ron Miller, accompanied by Tina Miller, stated that the idea of a second taxi for short trips is an excellent idea and solves the problem for local people and visitors; that airports do have public shuttles; that they have survived the recession in California without the use of subsidies or public funds; that letters have been submitted on their behalf, which he felt represented their customer satisfaction; and that lie felt the shuttle would be good for Palm Springs, and good for the public. INTERAGENCY REPORTS: a) Couucilmember Oden commented on meeting of Inc Connmuhity Action Commission, which was a joint meeting between San Bernardino and Riverside County, at which two presentations were made, one involved the hiland Empire Health Program, and the other related to welfare reform, which he felt should be a repeat forum for the Coachella Valley. LEGISLATIVE ACTION: 2. INTRA-CITY SHUTTLE (143- 008) Recommendation: That the Council reject all proposals received in response to REP to provide hhtra-city shuttle service at the Airport; consider committee recommendations; (143- and, if desired, provide direction to staff for further action. 008 ) City Manager reported that the REP initially was to look at providing a service from the rail station to the Airport, from which travelers could then take additional surface transportation to their destination; that the hotel service was added, which may have complicated the issue; that two proposals were received, both failed to gain the points of the review committee to make a recommendation; that both firms needed supplemental resources, leaving the viability of the shuttle questionable; that another REP would not attract providers of which the City may not be aware; and he recommended rejecting the proposals, and the staff will seek additional direction as to how to proceed. l,'M1_3.;L Council Minutes 11-20-96, Page 5 2. INTRA-CITY SHUTTLE (Continued) Procurement Manager stated that the committee included representatives from the hotel industry, and concern was expressed as to the perceptions that might be created of hotels using other shuttles, and they may wish to still use their own; that it was questionable if ' there was the ability to serve either a high or low season, plus the ADA requirements, plus having one's own vehicles, without drawing on other resources; and that the RFP was clear that the Council reserved the right to reject the proposals. In answer to question by Council, City Manager stated that the anticipated ridership from the rail station, if only the "Sunset Limited" stops, would be only a few people; that a firm with a substantial elasticity would be needed, unless continuous commuter services were needed; that he felt other funding should be pursued that would result in acquiring the vehicles needed, and then look to a private operator to run the service. Mayor stated that plans for rail service will not be in place until mid-1997, and implementation at best would be 18-24 months. Procurement Manager stated that the service was viewed as a new service, not at those currently being provided, and there was no attempt to interfere with any contractual obligations or arrangements in place; nor to infer any attitude toward those. He also responded to questions of Council concerning the bid process and evaluation. City Manager also noted that while it may have become clear in the middle of the process that it was unworkable, it is incumbent on the staff to conclude the process and to bring to the Council for ultimate disposition. Consensus of the Council was that this was a process, or a plan and not a bid, to discover possible solutions or proposals, and it was known when the RFP was solicited that it might not come to any particular fruition. ' Minute Order 5850 rejecting proposals, as recommended, was presented; after which, it was moved by Spurgin, seconded by Oden, and unanimously carried, that MO5860 be adopted. 3. ART IN PUBLIC PLACES - DESERT HIGHLAND MURAL Recommendation: That the Council approve agreement with Richard Wyatt for creation of a mural to be applied to the south exterior wall of the Desert Highland Unity Center (117- gymnasium, at a cost of $14,755, A3737. City Manager reviewed the memorandum of 037 ) the Director of Economic Development; photographs were displayed. Minute Order 5851 as recommended, was presented; after which, it was moved by Hodges, seconded by Spurgin, and unanimously carried, that MO5851 be adopted. 4. ART IN PUBLIC PLACES - IN -LIEU SCULPTURE Recommendation: That the Council approve agreement with Time Warner for placement of a sculpture by Michael Watling, in the entrance to the Time Wanner building at 1810 N. Farrell Drive (allows refund of Public Art fee of $7,000), A3738. City Manager (117- reviewed the memorandum of the Director of Economic Development; photographs were 037 ) displayed. Minute Order 5852 as recommended, was presented; after which, it was moved by ' Spurgin, seconded by Oden, and unanimously carried, that MO5852 be adopted. Council Minutes 11-20-96, Page 6 5. POLICE RANGE RETROFITTING/UPGRADING Recommendation: That the Council approve the upgrade and retrofitting of die Caswell (113- International training equipment at the police range by Caswell International, a sole source 005 ) provider, for an amount not to exceed $107,199; and budget anu2aulment related thereto. City Manager highlighted the memorandum of the Police Chief. Minute Order 5853 and Resolution 18932 as recommended, were: presented; after which, it was moved by Hodges, seconded by Spurgin, and unanimously carried, that M05853 and R18932 be adopted. 6. MUNICIPAL CODE AMENDMENTS City Clerk read title of Ord 1540 re business license tax for massagists; after which, it (103- was moved by Hodges, seconded by Barnes, and unanimously carried, Spurgin abstaining, 045 ) that further reading be waived, and that 01540 be adopted. ADDITIONAL LEGISLATIVE ITEMS: None CONSENT AGENDA: 8. MO 5854 authorizing purchase of 16 additional decorative light fixtures from Delta (124- Lighting Systems, Inc., for $24,567, for installation at selected locations in the Norm 092) Palm Canyon Project Area, under existing contract with Shelleribarger. 9. MO 5855 awarding purchase of a new 4-WD tractor to Empire Tractor Co., for (084- $28,574.54, for the Wastewater Treatment Plant. 013) 10. See Item 21. ' (123- i t. MO 5856 rescinding Agr 3103 with the County for vehicle maintenance. 001) 12. MO 5857 authorizing expenditure of up to $1,200 to fund City's support services for the (085- 1997 Desert AIDS Walk. 013 ) 13. MO 5858 approving Amendment No. 6 to lease agreement with .AMR Combs, to correct (051- rental charge error in the lease concerning Parcel 7. 009) 14. MO 5859 ratifying authorization by the Council in study session of November la, to City (050- Manager to enter agreement with Able 2 Barricade, Inc., for delineation of the road race, 025 ) for $17,300, A3739. 15. See Item 22. (110- (110 005) 014 16. MO 5860 ratifying MOUs with P.S. P.O.A.; Police Management; M.A.P.S.; and Fire (110- (110 Management; and implementing Ralph Anderson study for EX employees retroactive to 012) 013 July 1, 1996. 17. MO 5861 amending City Manager's contract to provide for an annual base salary of (071- $9,333.34 per month, retroactive to July 1, 1996, A2943. 001) Council noted that the City Manager has voluntarily taken a $10,000 per year decrease since 1992; and thanked him for an excellent job; also noting that with the restoration of I the $10,000, and an additional $2,000 per year, over the long-term, it is only about a 2% increase. 18. MO 5862 approving funding agreement with CVAG for the Mid -Valley Parkway Phase (123- 2, Airport Extension, obligating $2,496,600 for Stage 1 to cover the CVAG share of costs 020 ) and $2,605,600 for the City share for the on -site Airport portion; and the design and right-of-way phase for the off -site street widening on Gene Autry Trail and Ramon Road to Vella Road, CP96-35, a pleasure A, Airport mid FAA funded project, A3741. 0 R,n l.J3 Council Minutes 11-20-96, Page 7 19. - Res 18933 approving termination of Lease Agreement No. 1728, and a new lease (051- agreement with AMR Combs, Inc., for the hangar facility located at 424 N. Civic Drive, 009 ) A3742.. (051- 025) 20. Res 18934 and 18935 approving Payroll Warrants and Claims & Demands. Abstained - (086- Barnes 915428, 9t5641; Hodges 915428, 915447, 915558; Oden 915646; Spurgin 015) 915599, 915648. It was moved by Spurgin, seconded by Barnes, and unanimously carried, that MO 5854 through 5862 and Resolutions 18933 through 18935 be adopted, with abstentions as noted in Item 20. 21. PARKING LOTS - SURVEYING Recommendation: That the Council approve agreement with McGee Surveying & Civil Engineering for a topographic base map and precise grading plan for the following downtown parking lots: Blue Coyote, Henry Frank, and Las Casuelas Terraza, CP96-38, for $7,000, A_. Mayor stated he understood the need for a baseline study, but questioned the need for precise grading, i.e., he questioned what plans are being made for modifications to the Henry Frank lot, as well as Las Casuelas. It as moved by Spurgin, seconded by Oden, and unanimously carried, that this matter be tabled for additional information. 22. SWIM CENTER - POOL REPLASTERING Recommendation: That the Council award contract to South Coast Pool Plastering dba San Diego Pool Plastering for replastering the Swim Center pool, for $61,500, CP96-24, A3740. Mayor Kleindienst stated that he did not want any adverse impact on the team and sports involved by the P.S. High School's use of the pool; and lie questioned how the plastering (115- is different from that which was recently done. 004) City Manager stated that the project needs to push forward because the staff is trying to fit the work between two major competing needs - the School and the Piranhas. Director of Public Works stated that the prior work did not involve taking the plaster down to the gunite, which this project will do as well as bring the plaster back up; that it would be difficult to give total assurance that there will be no interruption; that the permit to the Piranhas indicated that the remodeling work would be done, and there could be a conflict; that since then, the Piranhas scheduled a swim meet, which was not cleared with staff; and every effort will be made to work around their needs. In answer to question by Council, Director of Public Works stated that the pool surface bad about a 15-year life; that an epoxy treatment was considered, but it would be more money and would still require removal to the gunite surface, bringing it back up, and the pool life would not have been increased; and that construction is estimated at 30 days after it commences. Minute Order 5863, as recommended, was presented; after which, it was moved by ' Barnes, seconded by Oden, and unanimously carried, that MO5863 be adopted. ADDED STARTERS: None REPORTS &. REQUESTS: CITY COUNCIL reports or requests 0FT J14 Council Minutes 11-20-96, Page 8 PUBLIC reports or requests a) Don Frank, resident, suggested that the Council talk with the Desert Sun and have it run a story on the vacation of Andreas Road; that people in the community need to know more about what is going on; and that he .refers to gambling and not gaming. I STAFF reports or requests ADJOURNMENT There being no further business at 10:05 p.m., Mayor declared the meeting adjourned. �LvYI^ �UDITH SUMICH City Clerk