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HomeMy WebLinkAbout1997 - MINUTES - 12/3/1997 CITY OF PALM SNRINGS CITY COUNCIL MINUTES December 3, 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, on Wednesday, December 10, 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 a Salute to the Flag by Boy Scout Lodge 12'7-Azwit, Order of the Arrow, and invocation by Rabbi Joseph Hurwitz, Temple Isaiah. PRESENTATIONS: PSHS Student Body Report PS Ballet Company - Official Status Proclamation Amateur Softball Association - National Award of Excellence (City Recreation Division, recipient) Miss & Mrs. Palm Springs Positive Alternatives for Youth (Awards to recipients) REPORT POSTING OF AGENDA: Assistant City Clerk reported that the agenda was posted in accordance with Council procedures on November 28, 1997. REPORT OF CITY ATTORNEY ON MATTER DISCUSSED IN CLOSED SESSION (All Entities) - See items page 5 of agenda this date. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AUTHORITY: No business MAYOR PRO TEM - Selection of Mayor pro tem pursuant to Charter provisions for the following , year. Ronald Oden-elected for 1997-98. APPROVAL OF MINUTES: It was moved by Barnes, seconded by Oden, and unanimously carried that the minutes of November 5, 1997 be approved. PUBLIC HEARINGS: None PUBLIC COMMENTS: a) Comments regarding item 7: Dick Sroda, Palm Springs, questioned the Senior Softball agreement and guaranteed payment; and recommended the hotels guarantee payment; and added that item 10 refers to (050 the purchase of a vehicle, not an emergency vehicle; and that the item should be denied. OC17) b) Comments regarding item 8: Darrell Meeks, stated that the marking of red curbs is clearly outlined in State (105- regulations; that the City does not comply with those regulations; that the colors must 001) be voted on; and that with the new designations, the area for handicapped is reduced. c) Comments on matters not on the agenda: ' Greg Pettis, Executive Director of Palm Springs Youth Center, thanked the Council for support of the Youth Center and added that many new programs have been added to the schedule of events. Karyn Barnes, 3155 E. Ramon, stated that the Festival of Lights Parade will be held on December 6, 1997 at 5:45 p.m., regardless of rain or shine. Council Minutes �,.A r:. 12-3-97, Page 2 COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None LEGISLATIVE ACTION: 1. AA CASE 3.1582 -MICHAEL CHORMICLE ' Recommendation: That the Council deny request for an architectural approval for a two- story, 2,418 square foot, single-family residence to be constructed at 755 Saturnino Road, Section 14, an Indian-owned parcel. Director of Planning & Building reviewed the staff report and added that there is no provision for a single family home; that the Section 14 draft master plan has not yet been approved by the Tribal Council; that the Planning Commission could not use the draft (111- documentation for approval; that the decision will probably be appealed to the Tribal 001) Council; and that the conditions provide for the dedication of 15 feet to provide the ultimate half-street width of 40 feet along the entire frontage of the property. Councilmember Hodges stated that there is no real choice in the matter; that the General Plan and the Zoning Ordinance do not allow for options; and that she is not opposed to the plan, but it is prohibited by the Ordinances to approve it. Mayor stated that there is no opportunity to change the matter; and that the Ordinance is clear. Resolution 19158 upholding Plarming Commission action, with conditions was presented; after which, it was moved by Hodges, seconded by Spurgin and unanimously carried, that R19158 be adopted. 2. CUP 5.0758 -HARRY MOSCATEL ' Recommendation: That the Council adopt a Resolution of Convenience and Necessity to allow a sports bar/cocktail lounge (full service liquor bar) with outdoor seating for the property at 476 N. Palm Canyon Drive, subject to conditions. Director of Planning & Building reviewed the staff report and added that the Planning Commission spent alot of time on this matter; that the recommendation includes that the (078- Conditional Use Permit shall be reviewed in one year; that the location is in the heart of ) downtown; that there are currently 8 or 9 bars located in the CBD, or the adjacent area; that there are a number of restaurants, deli's and cafes that are also located in the area; that the site has undergone a rehabilitation; that there will be no loud music; that staff will work with the applicant regarding noise; and that it is a full bar, limited to patrons 21 years of age or older. Councilmember Reller-Spurgin stated that the location does look nice; that it is stated in the Planning Commission minutes that the applicant has been requested to remove the rate signs in the Gorman Building; and that the issue could be addressed tonight. Mayor Kleindienst stated that the conditions provide for loud speakers to be oriented towards the building at all times and the location to be approved by the Director of Planning and Building, and requested the City Attorney address the matter for better terminology; that the seating allows for 49 inside and 51 seats within the outdoor patio area; that noise may become an issue; and that the City Attorney should address the issue at this point and that the signage mentioned by Councilmember Reller-Spurgin is questionable as to the legality. Director of Planning &Building stated that the sign is located three feet behind dre window and, therefore, not governed by the Sign Ordinance; that it is a violation of the spirit of the law, but not the law itself; that the owners have been asked to abate it; but that this matter is located on a different parcel; that the City cannot require the sign to be removed; but that the applicant is in the audience and may comply with Council wishes. Council Minutes 12-3-97, Page 3 2. CUP 5.0758 - HARRY MOSCATEL (Cont'd) Resolution 19159 as recommended, as revised was presented; after which it was moved by Oden, seconded by Hodges and carried by the following vote, that R19159 be adopted. AYES: Barnes, Hodges, Oden and Kleindienst NO: Reiter-Spurgin ' ABSENT: None 3. CITY INVESTMENT POLICY - REVISED &RESTATED Recommendation: That the Council approve a revised and restated investment policy, pursuant to State law requirement that such policies be reviewed annually by the Council at a public meeting. (114- 004) City Manager reviewed the staff report, no further report was given. Councilmember Hodges stated that the matter was postponed for subcommittee review and requested a report. Councilmember Reller-Spurgin stated that the subcommittee met and there were concerns of investing too much too long; that the Finance Director addressed the concerns; and that OMB has now approved the item, and the subcommittee recommends approval. Resolution 19160 as recommended was presented; after which, it was moved by Spurgin, seconded by Oden, and unanimously carried that R19160 be adopted. ZI. CVAG City Manager stated that the question of CVAG becoming an independent transportation authority was raised and that there was some question regarding the position of the City Council; that the City needs to guide its own destiny regarding transportation issues; and (123- that one issue may be for the Council to review its transportation plans. 025) Councilmember Hodges stated that the City Council took part in the suggested restructuring of Riverside County Transportation Commission(RCTC), which ifell through; that CVAG could be structurally under ROTC; that CVAG has done an excellent job as a counter-part of Council of Governments (COG); that the western side of Riverside County has not excelled as much; that if RCTC absorbs the interests of western It.iverside, the City will be outnumbered, with no representative vote; and that this is only an idea, but one the Council should pursue. City Manager stated that the City of Indio is developing an independent Eastern 'Valley Transportation Authority; that the legislation is crafted well; that if a new model is created, instead of Indio, the whole Coachella Valley would be the Authority with nine districts; that meetings have been held between the City of Indio and CVAG, and talks are progressing. Mayor Kleindienst gave an overview of the levels of authority concerning transportation issues from a local to regional level; and added that the Cities are:only representative of 300,000 people to the State Legislature, which does not represent. alot of power; that if a split were to happen for RCTC, the Cities future would need to be controlled; that money for transportation issues is supposed to be distributed according to need; that Palm Springs ' has been ahead of the curve to get its fair share, but funding issues can rapidly change; that direction should be given for the City Manager and the Director of Transportation to track this issue; that there are many questions on where authority lines, and staff distribution would go if the County were split; and that the matter should be discussed frequently and Council kept aware of any issues pending. Councilmember Oden stated that the concept is interesting and added if the paradigm is shifted, the City may not be in the best position. Council Minutes s "" 12-3-97, Page 4 4. CVAG (Cont'd) City Manager concurred and added that transportation issues are critical; that decision stages will be coming at a rapid pace; that Council direction and concurrence needs to be given to staff; that the issue is very complicated; and that efforts will be made to keep the matter on the agenda for discussion. ' S. SPECIAL EVENTS Discussion regarding suspension of regulatory ordinances for special events. City Manager stated that the Noise Ordinance dates back to when the City outlawed horse hoofs; that the Ordinance has been modified from time to time; that an ambiance has been created downtown of festivals and parades; that the noise level increases during those events; that some hoteliers find this objectionable; that other hoteliers find a level of (103- comfort; that one hotel is having a New Year's Eve party and is concerned whether noise 048) made after 10 p.m., will be acted on by the police department; that the situation places the police officers in uncomfortable positions; that it is suggested that the City Manager be given the authority to suspend the Ordinance in those rare instances, such as New Year's Eve; and the direction be given to review the Ordinance to be modified to reflect more current times. Councilmember Barnes stated that this is a timely issue; that the Ordinance needs to be modified; that there are special events, such as the presentations of the Walk of Stars that violate the noise ordinance, and agreed that the Ordinance should be waived during those events; that signage is also something that should be addressed concerning special events. City Manager stated that most music has been limited to sports oriented events; that the stadium was considered for use by a symptlunony orchestra; that the Ordinance would prohibit that use; that these are the types of issues that will be brought back to the Council for further review; and that with Council concurrence, direction will be given to the Police Department that the Noise Ordinance is suspended until 12:15 p.m., New Year's Eve. Councilmember Oden stated that the suspension would affect everyone in the City; and that the Ordinance should be reviewed. Councilmember Hodges stated that one concern has been met; but that the concern is larger than New Year's Eve; that one business has had to close its doors for being cited on noise violations; and that it may be best to suspend the ordinance temporarily until a recommendation can be brought back to Council. City Manager stated that the violation citations are given by City employees; and that the rules do need to be changed; but there may be instances that the Ordinance may need to be enforced. Mayor Kleindienst stated that the matter should be reviewed in detail, and he recommended the matter come back to the Council for further review at a later date. Consensus of Council to direct staff to revise Ordinance to contemporary times, and allow administration the discretion to suspend it under certain circumstances. fao Now 9 Council Minutes 12-3-97, Page 5 6. PD224 - SHADOWROCK LLC Recommendation: That the Council approve final planned development District 224 and Phase I Final Plans for an 18-hole golf course and clubhouse subject to conditions. (116- 089) Motion to continue the matter to 12-17-97 was presented; after which, it was moved by Spurgin, seconded by Oden, Hodges abstaining due to Client of employer and Kleindienst ' abstaining due to Client of Spouse business and carried by the following vole, that the matter be continued. AYES: Barnes, Oden and Spurgin NO: None ABSTAIN: Hodges and Kleindienst. 7. SENIOR SOFTBALL WORLD SERIES AGREEMENT Recommendation: That the Council approve an agreement with North American Senior (050- Circuit Softball to host the 1998 Senior Softball World Series September 25 - October 4, 007) 1998. Motion to continue the matter to 12-17-97 was presented; after which, it was moved by Spurgin, seconded by Oden and unanimously carried that the matter be continued. 8. PARKING ZONES - BUSES FOR P.S. FOLLIES PERFORMANCES Recommendation: That the Council approve temporary conditional bus parking zones along the north curb of Tahquitz Canyon Way, the west curb of Belardo Road, the east curb of Indian Canyon Drive, and the south curb of Arenas Road. (105- 001) City Manager reviewed the staff report and added that installation of temporary bus loading ' zones along the above mentioned corridors would allow a continuous flow for the Palm Springs Follies; that the closure of the current parking lot for the construction of the Mercardo Project has impacted the downtown area; that without the use of the temporary bus parking zones, Folly patrons will be forced to walk several blocks; and that the areas could be temporarily marked. Downtown Improvement Director stated that the proposed recommendation would allow conditional bus parking zones; that the driver must stay with the vehicle; that the bus drivers are being encouraged to use the Spa Hotel parking area; that the area around the Welwood Murray will be repainted to reflect 2 hour parking; that the Marquis Motel will be shortening up the space currently red curbed by the fire hydrant, and the busses will not stay parked at that location. Mayor Kleindienst questioned how long the temporary situation would last; and added that Harry Hoffbraus has offered to allow two busses to park in their parking lot, and one curbside; and questioned whether the Follies is assisting in looking for a parking, solution. Downtown Improvement Director stated that there are alot of people in town; and that the construction causes some disruption, but that all parties are working towards keeping the busses from parking on the street. Resolution 19161 as recommended, as revised, subject to City Attorney final language was presented; after which, it was moved by Spurgin, seconded by Barnes, and unanimously , carried, that R19161 be adopted. ADDITIONAL LEGISLATIVE ACTION: None Council Minutes 12-3-97, Page 6 CONSENT AGENDA: In answer to questions by Council, City Manager stated that the CNG unit would be coming from Kansas; that it is at this time, a sole source provider; that operation of the CNG is cheaper; that staff does make every effort to purchase locally; that the Department of Economic Development will encourage local dealers to market CNG; that mandates are coming from the State level for ' CNG conversion; and that staff is staying abreast of requirements. 9. MO 6057 approving Change Order No. 10 to construction contract with Granite Construction (123- Company for the Mid Valley Parkway for a decrease of$127,694.73, no change in contract 023) time, CP94-19, A3670. Hodges abstain. 10. MO 6058 authorizing emergency replacement of Unit 216-91 (fire damaged vehicle) with (084- acquisition of a dedicated CNG vehicle, at a cost of$17,726, plus tax, from Cunningham 015) Motors. 11. MO 6059 approving Work Directive 24 with Gensler Associates for additional design work related to concessions and security of the Airport, not to exceed $6,910, A2781. Kleindienst (051- abstain. 095) 12. Res 19162 approving Payroll Warrants, and Res 19163 approving Claims & Demands. (086- 016) Note abstentions, if any: Councilmember - Warrant# - Payee - Particular Nature of Conflict Hodges 926478 Chris Foster Client of Employer 926486 Granite Const Client of Employer 926601 Preferred Plumbing Client of Employer Spurgin 926649 Dennis Spurgin Spouse Resolutions 19162 through 19163 and Minute Orders 6057 through 6059 were presented; after which, it was moved by Oden, seconded by Spurgin and unanimously carried, Hodges abstaining on item I due to client of employer and Kleindienst on item 11 due to the Airport Master Plan, that R19162 and 19163, and MO6057 through 6059 be adopted. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Councilmember Hodges requested a report concerning the conversion of Indian Avenue to a two-way street. b) Mayor Kleindienst stated that Mesquite Avenue adjacent to Demuth Park there is construction material and questioned what its purpose is; and the traffic signal and curb lines at Crossley Road and Ramon to be reviewed. o't . yyc' l7 A Council Minutes 12-3-97, Page 7 PUBLIC reports or requests - None STAFF reports or requests City Manager stated that effort will be made to respond to Council[ requests on future agendas. ADJOURNMENT: , There being no further business, Mayor declared the meeting adjourned at 9:25 p.m., December 8, 1997, at 4 p.m., in Studio B for Council Workshop; and thereafter further adjourned to December 10, 1997, for a Joint Meeting with the School Board, at 7 p.m., in Room 303, at the Palm Springs High School. JUDITH SUMICH LLtv Clerk a ', By: PATRICIA A. SANDERS Assistant City Clerk