HomeMy WebLinkAbout1997 - MINUTES - 11/5/1997 0;11
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
NOVEMBER 5, 1997
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, mn Wednesday,
November 5, 1997 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 262, and an invocation
by Rev. James Griffes, P.S. Presbyterian Church.
REPORT OF POSTING OF AGENDA: City Clerk reported that flie agenda was posted in
accordance with Council procedures on October 31, 1997.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 6 of agenda this date.
PRESENTATIONS: PSHS Student Body Report
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.
' APPROVAL OF MINUTES:
It was moved by Barnes, seconded by Oden, and unanimously carried, that the Minutes of October
15, 1997, be approved.
PUBLIC HEARINGS:
1. CUP 5.0756 - SC14AEFER AMBULANCE SERVICE
Recommendation: That the Council approve a conditional use permit to allow a non-
emergency ambulance transportation service at 1488 N. Palm Canyon.
Director of Planning & Building reviewed his memorandum, and noted that the facility
would be used mainly for moving patients, and not as an emergency response dispatch,
unless called upon by police or fire services as an additional response to existing providers, (078-
and there should not normally be red lights or sirens; that the property is zoned 066 )
appropriately, and is surrounded by commercial, with some residential; and that the
Couunission and the applicant agreed that if the business grew, an alternate location might
need to be found.
Mayor declared the hearing open.
' .Tun McNeal, President of Schaefer Ambulance Service, stated that they have been in
business in Southern California for 65 years, and considered Pahn Springs a logical
continuation of their service region. Manny Galvez, Regional Manager, also indicated his
availability to respond to questions.
There were no further appearances, and the hearing was closed.
Resolution 19143 as recommended, was presented; after which, it was moved by Hodges,
seconded by Odell, and unanimously carried, that R19143 be adopted.
Council Minutes
11-5-97, Page 2
2. ZONING TEXT AMENDMENT - FLOOD DAMAGE PREVENTION
Recommendation: That the Council amend the Zoning Ordinance to adopt revised FEMA
and California Floodplam Managers Association criteria and definitions relative to special
flood hazard areas. (Hearing continued from October 15, 1997)
City Engineer reported that the amendments clarifies and sets requirements for new (103-
developments and requires applying for removal from the floodplain designation before 049)
construction can take place; that it should result in lower flood insurance rates; and that the
Building Industry Association provided input prior to the Planning Commission hearing.
Mayor declared the hearing opened; there were no appearances, and the hearing was
closed.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 9317.00 THROUGH 9317.17 OF THE PALM
SPRINGS ZONING ORDINANCE, CONCERNING FLOOD DAMAGE
PREVENTION.
It was moved by Hodges, seconded by Barnes, and unanimously carried, that further
reading be waived, and that the Ordinance be introduced for first reading.
3. LAW ENFORCEMENT BLOCK GRANT FUNDS
Reconnnendation: That the Council approve the allocation of $122,386 of Federal Law
Enforcement Block Grain Funds to purchase 32 mobile data computers and associated radio (113-
equipment; and the allocation of$95,000 of State Law Enforcement Block Grant Funds for 006)
Police Department records' computerization.
Police Chief highlighted his memorandum, and noted that this is the second year in which
grant funds have been obtained, and are for capital equipment.
Mayor declared the hearing opened; there were no appearances, and the hearing was closed.
Minute Order 6042 as recortunended, was presented; after which, it was moved by Spurgin,
seconded by Oden, and unanimously carried, that MO6042 be adopted.
PUBLIC COMMENTS:
a) Comments on matters not related to an agenda itern:
Jeri Riddle, Aviation Director, announced the passing of former Airport
Maintenance supervisor Ray Stony, and expressed appreciation for his work,
attitude, and contributions to the Airport, as well as condolences to his family.
Marcia Craig, resident, commented on the results of the election concerning
Measure HH, and that it was not an overwhelming victory, rather that the voters
expect that something will be done, i.e., reducing it and providing a clear sunset;
and that it should not be brought back again for a vote.
John Booth, President of the PSPOA, offered congratulations to the committee on ,
the success of the Measure HH.
Jim Jones, resident, and chainnan of the Concerned Citizens for Palm Springs,
stated lie was pleased with the approval of the Measure HH, and agreed with Ms.
Craig as to the voter intent, i.e., after talking with voters before the election, that
they clearly want the oar, to end, and are willing to offer the added two years; and
that those who favored it, would not support another condonation, and there needs
to be meaningful steps taken to reduce and eliminate it.
Council Minutes
11-5-97, Page 3
b) The following persons spoke concerning Items 4 and 5:
Michael Giesler, resident, concerning Item 5, stated that he has never had an
alcohol related incident at other stores, and approval is needed in order to complete
the project, and to be competitive. (078-
Dick Sroda, resident, stated that no more liquor stores are needed in Palm Springs; 064)
that these stores are open late hours and lend themselves to individuals who might (078-
want to cormnit violent trines. He also commented concerning the utility tax, 065)
contributions by employees to the connnittee supporting the measure; and to
employees who take home city patrol cars.
Lawrence Salnrieh, applicant re Item 4, stated that his business is a convenience
store, which sells some grocery items, convenience items, and liquor; that later
hours is part of the convenience to the customer; and he has not had problems in
other areas.
Rose Lubell (?) commercial real estate broker representing Mr. Salarneh, stated that
competition is healthy, and the more business that is offered, the more activity
there is for everyone; that the customer benefits from quick and convenient service;
that 70% of the merchandise is other than liquor; that Mr. Salameh does not allow
loitering at his other store; that the Jensen center is more than 50% empty and
needs to be occupied, and have more traffic brought to the area; that if it is denied,
the business will go down-valley.
Sun Spinmell (?) broker for the owners of the Jensen's Center, spoke in support of
the tenant.
c) Cormnents concerning Item 7:
Rick Howard, General Manager of Tahquitz Creek, stated that they are in support
of Item 7, and have worked with City state on the initial proposal, and consulted
with the Men's and Women's' Clubs throughout the process; that there is one area
of concern which the Clubs have expressed, and that the management is willing to (092-
extend a sympathetic ear. 011)
Ron Paulfrey, President of the Men's Club, stated that Arnold Palmer Management
is doing a commendable job, and there is a good relationship with the management
and supervisors of the course; that the Club mainly supports the charges and rates,
with the exception of the fee for "walkers" - which account for 40% of the players
- and that there is concern the fee is not reasonable for people who usually live on
fixed incomes, and they suggest it be tailored to $20 instead of$25, which would
be about 15% increase, and that it be on-going for two years.
Russ Trumbell, part-tine resident, opposed the discontinuance of the discount card
For non-residents, and stated that the golf course management gives preference to
the hotels and conventions, i.e., residents can only make advance reservations up to
7 days, mostly after 11 a.m., while hotels get a 30-day time with early start.
Mr. Pat Kerr, resident of Desert Hot Springs, supported the non-resident discount
' card, and stated that part-tine residents support the City in terms of shopping and
other expenditures, and should receive some of the same privileges as others do;
that if all resident card holders played at one time, it would span 1 1/2 days, and
non-residents would add another day, leaving 4 1/2 days for all other players; that
Palmer favors the convention side of die business; and his opinion that the Parks &
Recreation Department should still be operating the golf course.
d) Comments concerning Item 8:
Frederick M. Ebeling, resident, stated he has removed the pickup truck, and
covered two other vehicles; and if lie is required to move the air-cooled vehicle, le (057-
004)
Council Minutes
11-5-97, Page 4
be given some time in which to do it. He also commented concerning the election,
and his opinion that voters did not turnout to vote because the measure was an
advisory question, and has been voted on several tunes, and they thought it was a
wasted effort.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None '
LEGISLATIVE ACTION: (Note: Item 8 was taken out of order at this point, and is reflected in
the minutes in numeric order for record purposes.)
4. CUP 5.0752 - SALAMEH
On October 15, 1997, the Council continued consideration of a resolution of convenience
and necessity pursuant to the requirements of the Alcoholic Beverage Control Board, to
establish a liquor store in the Jensen's Center at 178 S. Sunrise Way, Section 13.
Director of Planning & Building reported that the Planning Commission had recommnended
approval; and that concerning the request for information as to other cities, there is a varied
range of approaches from very rigorous permits and conditions of,[approval to simple
approaches; that the City's approach through the use permit, covers the municipal code and
other codes, that some cities address in a single ordinance. He restated the reason for the
State legislation, stemming from the L.A. riots a few years ago; and displayed a trial)
showing the various license locations, relationship to each other, and noting that most are
along Palm Canyon, and predate the legislation; that 2-4 may cause some level of secondary
issues identified in the legislation, depending on the day of the week, or time of year; Chat
the Jensen Center is vacant in(lie south one-half of it, and corporate closure of one of the
anchor stores resulted in some secondary store vacancies; that the applicant will be taking
some risk in location in the substantially vacant area; that this type of store does not create
major problems, and the City will assist in terms of loitering and trash maintenance; that
Mr. Salameh owns another store on El Cielo, and except for occasional signs, has not
created any problems; and that while the population is 42,000, there may appear to be a
larger number of liquor licenses, however, the City is geared toward a larger seasonal
population.
Councilmember Barnes stated that the current store Mr. Salameh owns is located near him,
and he has been a customer of it, and found it to be clean, secure, and very proper, with
good products and friendly service; that it is important to get businesses into the Jensen
Center, and to get people into it.
Councilmember Spurgiu Stated she would vote against the resolution because she does not
like the terms, "convenience and necessity."
Resolution 19144 as recommended, was presented; after which, it was moved by Barnes,
seconded by Oden, and carried by the following vote, that R19144 be adopted:
AYES: Barnes, Hodges, Oden &Mcindienst
NO: Spurgin
ABSENT: None
Council Minutes
11-5-97, Page 5
5. CUP 5.0748 - ROBERT H. LEE & ASSOC. FOR MICHAEL GIESLER
On October 15, 1997, the Council continued consideration of a resolution of convenience
and necessity pursuant to the requirements of the Alcoholic Beverage Control Board, in
order to allow conversion of service bay at the service station at 1700 E. Vista Chino, to a
1,977 square foot mini-mart.
Director of Planning &Building detailed his memorandum, noting that there has been
substantial renovation to the property; that there currently are three locations in the City (078_
which allow alcohol sales in conjunction with mini-mart/gasoline service Facilities, and he 065)
was not aware of any problems with them; that there is a concentration of ABC licensing at
the subject location, because of the Albertson, Lucky, and 711 Store, which fills the need
for a neighborhood shopping complex; and that only opposition came from the owner of the
711 store. He also stated that in both this and the prior item, the applicants are required to
use video camera surveillance security.
Councilmember Spurgin stated that the property looks great, however, she would oppose
for the reasons previously stated.
Resolution t9145 as recommended, was presented; after which, it was moved by Oden,
seconded by Hodges, and carried by the following vote, that R19145 be adopted:
AYES: Barnes, Hodges, Oden, and Kleindienst
NO: Spurgin
ABSENT: None
6. PD224 - SHADOWROCK- FWAL PLANS
' Recommendation: That the Council approve Phase I final plans for Shadowrock LLC for
tut 18-hole golf course and clubhouse, subject to conditions.
Item to be rescheduled.
7. TAHQUITZ CREEK GOLF COURSE RESORT
Recommendation: That the Council rescind Res. 16827, and establish updated formal rules
and regulations for the Tahquitz Creek Golf Resort; and amend the Comprehensive Fee
Schedule to revise fees for both the resort and legend (old) courses.
City Manager stated that sufficient revenue stream is needed to cover the golf course debt (092-
issue; that the resort course was intended to attract hotel and convention visitors and 011)
increase the room tax; that the discount card program was established in 1989; that a
proposed criteria is proof of property ownership, and perhaps there should be some
irritation on that.
Parks, Recreation& Golf Director stated that the regulations were last reviewed in 1989,
and since then, there has been the 18-hole expansion, the natne change, the cotmnon ground
upgrades, and the selection of Arnold Palmer Golf as manager and lessee; that there are
currently over 500 discount cards outstanding; that the resident card requires a valid
California Driver's License and voter registration for residence in Palm Springs; that tine
non-resident card can be purchased for a greater amount, and that it is proposed to be
' eliminated and revise the discount card holder definition to include "individual ownership
of property in Palm Springs," and the Parks &Recreation Commission felt that there
should not be a distinction whether such ownership is coimnercial or residential property in
qualifying as a Pahn Springs resident; that the resident card would change so that all cards
are valid for one year, and expire December 31 of the year in which they are purchased;
that the cost for "walkers" was increased by $5, and is Invited to the old course, since
walking the course is not allowed on the resort course; that the fee is the same as for a cart,
because the golfer is making the choice not to use the cart, which helps to speed the play.
r �
Council Minutes
11-5-97, Page 6
In answer to questions by Council, lie stated that while Palmer sornewhat promotes die
discount card, it is aggressively done by the City in brochures and recreation flyers, and it
receives the fee which is collected at the Leisure Center; that most of the complaii its come
from people who own or part-tune lease property as second homes, and who feet they
contribute to the community, and should be treated the same as residents.
Discussion followed as to die definition of "resident" and whether that should include a
person who owns commercial property, undeveloped property - commercial or residential,
or developed residential, in which it was the consensus of the Council that the proposed
resolution be revised to provide that a resident discount card may only be purchased oil
individuals who can provide either a voter registration card showing a Palm Springs
address, or a California driver's license showing a Palm Springs address - post office box
being unacceptable.
In answer to question by Council, City Manager stated that the original intent was to have
rates set by Arnold Palmer, but the conclusion was that they should be approved by the City
Council when it affects rates for residents on the old course; and that the resort course is
under Arnold Palmer's management.
hn answer to questions by Council, Parks, Recreation & Golf Director stated that the rates
were not revised when Arnold Palmer took over; that given the time for overseeding and
the high demand for play time from October to April, a flat rate or$25 is proposed for both
walkers and riders; and that the fees were last reviewed in 1992.
Resolution 19146 as proposed was revised as to criteria for a resident discount card
consistent with the above discussion; after which , it was moved by Oden, seconded by
Spurgiu, and unanimously carried, that R19146 be adopted.
It was moved by Oden seconded by Barnes, and unanimously carried, that the proposed fee
schedule resolution be continued for two weeks.
8. CHAPTER It.80 VEHICLE ABATEMENT- APPEAL
On October 15, the Council directed preparation of Resolution to uphold the decision of the
Director of Planning & Building concerning the abatement of vehicle at 2460 Tuscan Road,
and deny appeal by Frederick M. Ebeling from said decision.
City Manager reported that the proposed resolution complies with the Council's decision, (057-
and the correct date for correction or abatement is November 20, 1997, by 5 p.m. City 004)
Attorney noted that the resolution contains the findings, and completes the Council's action.
Resolution 19147 as revised to compliance deadline, was presented; after which, it was
moved by Barnes, seconded by Oden, and unauiinously carried, that R19147 be adopted.
9. ADDITIONAL LEGISLATIVE ACTION - None
CONSENT AGENDA:
10. MO 6043 approving agreement with Enforcement Technology, Inc., for parking ticket
processing services, for a 3-year term, with two 3-year renewal options, based on unit prices; (117-
and purchase of ticket-writing equipment for $13,744.71, including installation and twining, 038)
A3871. '
it. Res 19148 approving street name change from Sumny Dunes Road, at late end of La Mirada (135-
Road, to La Mirada Road (Section 22). 001)
12. MO 6044 approving contract services agreement with Interactive Design Corporation for re-
roofing design for the central area of City Hall, the Sunrise and Muni Cogeneration plants, the (117-.
Library Center, the Boxing Club, and two buildings at the Village Green (Fudge Factory and 001)
Adobe Museum current occupants), A3872.
Council Minutes
11-5-97, Page 7
13. MO 6045 awarding contract to Jarrett Custom Pest Management for pre/post emergent chemical
ground sterilization at the Airport, to provide airfield visibility and ground surface for occasion (051-
vehicle use, for a minimum of two years for a total of$34,950 (contract in form to be approved 074)
by City Attorney), A3873.
' 14. MO 6046 ratifying emergency Amendment No. 1 to agreement with Jamison Engineering, Inc., (127-
for additional cleaning/repair work at the Wastewater Treatment Plant for$27,568, including 001)
unanticipated cleaning of sand from the digester unit at$14,250, for a total revised contract of
$86,833, A3831.
15. MO 6047 approving Work Directive#23 to agreement with Gensler Associates to implement (051-
value engineering design work related to the Airport Terminal expansion, not to exceed 0 5 5)
$27,190, A2781. Kleindienst abstained due to FPPC ruling concerning his spouses' businesses
in relation to the Airport Expansion.
16. MO 6048 approving Amendment No. 5 to agreement with Isbill Associates, Raytheon
Infrastructure, Inc., to extend and add engineering projects through the period necessary to (051-
complete the Airport runway extension and terminal expansion, for a total of$203,700, A3138. 021)
Kleindienst abstained due to FPPC ruling concerning his spouses' businesses in relation to the
Airport Expansion.
17. Res 19149 and 19150 approving Payroll Warrants; and Res 19151 and 19152 approving Claims (086-
and Demands. 016)
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Hodges - 925223 Granite Constr. Client of Employer
925329 Preferred Plumbing Client of Employer
' 925621 Chris W. Foster, Inc. Client of Employer
925744 Preferred Plumbing Client of Employer
Spurgin 925376 Dennis Spurgin Spouse
925787 Dennis Spurgin Spouse
925851 Self Travel Reimbursement
18. MO 6049 awarding purchase of a mini-van for the Mizell Senior Center, a CDBG project to (084-
Plaza Motors for$19,772.13. 015)
19. MO 6050 approving Change Order No. 3 to contract with Mojave Equipment Company, for
1996-97 citywide cross gutter and curb repair project, for an increase of$22,674.01, making (129-
a revised total contract amount of$213,986.83, CP96-18, A3796. 002)
20. MO 6051 approving Settlement Agreement with El Sonora Associates for payment of El Cielo (137-
Road improvement project costs and fees, $38,596, A3874. 075)
It was moved by Spurgin, seconded by Oden, and unanimously carried, that Resolutions
19148 through 19152 and Minute Orders 6043 through 6051 be adopted, with abstentions
as noted.
It was moved by Spurgin, seconded by Oden, and carried by the following vote, that MO
6049 be adopted:
AYES: Barnes, Hodges, Oden and Spurgin
NO: Kleindienst
ABSENT: None
ADDED STARTERS: None
REPORTS & REQUESTS:
21. DEPARTMENTAL REPORTS - Received & Ordered Filed (121-
a) Treasurer's Investment Reports - August and September, 1997 002)
Council Minutes
11-5-97, Page 8
PUBLIC reports or requests
a) In response to question by Mr. Ebeling, Director of Planning & Building advised
him that be could arrange for an inspection to demunstrale that his vehicles are
operable at any time prior to the deadline for abatement. '
CITY COUNCIL reports or requests - None
STAFF reports or requests - None
There being no further business at 10 p.m., die Mayor declared the meeting adjourned.
JUDITH SUMDL'H
City Clerk