HomeMy WebLinkAbout1999 - MINUTES - 4/21/1999 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
April 21, 1999
A Regular Meeting of the City Council of the City of Pahn Springs, California, was called to order
by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, April
21, 1999, 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: Councihnembers Barnes, Hodges, Oden, Reller-Spurgin, and
Mayor Mcindienst
Absent: None
The meeting was opened with the Salute to the Flag, and an invocation by Shauna Segundo, Baha'i
Faith.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on April 16, 1999.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) -See items on Page 6 of agenda this date.
PRESENTATIONS: Former Parks and Recreation Commissioner Karyn Barnes
Fire Department Firefighter of the Year-Rande Ferguson
Fire Department to 100 Club for EMS jackets
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: -No Business
PUBLIC HEARINGS:
' 1. PM 29109 -TENTATIVE MAP(GREER)
Recommendation: That the Council approve a tentative parcel map for a 4-lot, single-
family residential subdivision on 9.12 acres located south of Chino Drive, west of
O'Donnell Golf Course,R-1-A, Section 15.
Director of Planning&Building reviewed the staff report and added that the Environmental
Assessment was before the Council for review, that the Planning Commission did approve
the project 5-0-2;that no one but the applicant appeared at the Planning Commission public
hearing;and reviewed the plans on a visual board.
Councilmember Oden questioned whether there were any endangered species in threat,
outside of plants.
Planning Director stated that there were no known rare endangered plants; but that there is
potential endangerment to the Big Horn Sheep; that the project has been crafted around the
possibility in its mitigation.
Mayor declared the hearing open.
John Sanborn, 1227 S. Gene Autry Trail, concurred with staff and added appreciation to
staff and Fire Department for fast and efficient work on the project.
' There being no further appearances,Mayor declared the hearing closed.
Mayor stated that it is pleasant to have such a high-end development come for
consideration;that the four lots are extremely desirable,and a welcome opportunity.
Councilmember Hodges stated that this is hillside development, and that in her opinion, is
undesirable.
Resolution 19499 as recommended, was presented; after which, it was moved by Oden,
seconded by Reller-Spurgin and carried by the following vote,that R19499 be adopted.
Council Minutes
4-21-99, Page 2
AYES: Barnes, Oden, Reller-Spurgin and Kleindienst
NO: Hodges
2. CUP 5.0800 (PSUSD) - MONOPOLE
Recommendation: That the Council approve a Type II Conditional Use Permit to install (078- ,
two microwave tower antenna structures on the top of the School District )
Administration Building at 980 Tahquitz Canyon Way, C-1-AA, Sec 14.
Due to timeliness of notice, hearing was deferred to 5-5-99.
3. CS 5.0790 - GENERAL PLAN AMENDMENT/CHANGE OF ZONE - MONTANA
ST. MARTINS, LLC
Recommendation: That the Council adopt a negative declaration and approve General
Plan redesignation of a 1.06 acre site from low density residential to general (149-
commercial; and a proposed zoning redesignation of said site from urban reserve to 016)
central retail business zone, to establish an art studio on the site of an existing Class I
Historic Building at North Palm Canyon Drive and Tramway Road (commonly referred (101-
to as the Tramway Gas Station). 011)
Planning & Building reviewed the staff report and added that the Environmental
Assessment outcome had no significant impacts; that the Planning Commission did
recommend the project with unanimous approval; and that the architectural plans will
come back to Council for consideration.
Mayor declared the hearing open, there being no appearances the hearing was closed.
Councilmember Oden questioned if the General Plan Amendment designation was based ,
on the changes and if the proposed project would affect the area.
Director of Planning & Building stated that it is not clear what may be built around the
project; but that the art objects are exquisite.
Councilmember Hodges stated it is pleasant to have this project.
Resolution 19500 as recommended was presented; after which, it was moved by Oden,
seconded by Hodges, and unanimously carried that R19500 be adopted; and it was
further moved by Oden, seconded by Hodges, and unanimously carried, that further
reading be waived and the title of the Ordinance be presented for first reading.
Assistant City Clerk read title of ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING
THE ZONING MAP TO CAUSE CONFORMITY WITH THE GENERAL PLAN
REDESIGNATION FOR CASE NO. 5.0790, LOCATED AT THE NORTHWEST
CORNER OF NORTH PALM CANYON DRIVE ( HIGHWAY 111) AND
TRAMWAY ROAD, SECTION 3.
after which, it was moved by Oden, seconded by Hodges, and unanimously carried, that further
reading be waived, and title of ordinance be introduced for first reading.
1
Council Minutes
4-21-99, Page 3
PUBLIC COMMENTS:
a) Comments on matters concerning item 4:
Dick Sroda, Palm Springs, stated that an accounting of the costs for the energy
' services needs to be provided to the City; that there has been no cost figures (147-
released concerning staff time; that no fair market value was established for 004)
office space used; and that he would estimate $168,000 to $564,000 worth of
unaccounted expenses; that to indicate that the service is at no cost to the City is
misleading to the public; and that the City is subsidizing the project; and that
the expenses should be accountable.
b) Comments on matters concerning item 8:
Darrell Meeks, Morongo Valley, urged the Council to vote no on item 8; and
added that it is poor timing for the matter to come for decision; that the Council (127-
should wait until after the election to determine what steps need to be taken 001)
regarding the plant; that item 4 does not indicate the City Attorney costs or staff
time; that with the response the City has had, the project should be dropped;
that someone should be put in charge of charting the expenses; and that an
accurate accounting be available to the public.
c) Comments on matters not on the agenda:
Gerald Olson, passed out brochures concerning revitalizing America, and
requested the Council read it with an open mind.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
' a) Mayor and 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.
b) Mayor read prepared statement from Claudette Clougier, regarding the Boxing Club, (104-
copy of file in Office of the City Clerk. 001)
LEGISLATIVE ACTION:
4. CITY OF PALM SPRINGS ENERGY SERVICES
Recommendation: That the Council approve agreements to form a new energy alliance
between the City of Palm Springs Energy Services and New West Energy, a wholly (147-
owned subsidiary of Salt River Project, in form approved by the City Attorney; 004)
concurrently terminating prior agreements and related amendments with Enron, et al to
be effective upon implementation date of the new agreements, A4091 - 4094.
Assistant City Manager-Administration reviewed the staff report and introduced Anne
Bertolet and Cindy Anderson of New West Energy Corporation.
Anne Bertolet presented a brochure, copy filed with Office of the City Clerk, and
provided a slide show explaining the advantages of a new energy alliance and the
current status of stranded costs with Southern California Edison and recovery related
thereto.
Cindy Anderson stated that the goal of New West Energy is to use Palm Springs as a
prototype for a larger metropolitan area and to stabilize the base rates.
61
Council Minutes
4-21-99, Page 4
City Attorney stated that the City has worked hard to get to this point in time; that more
effort could have been put into the program by Enron relating to marketing; that there
was a high percentage of participation by the community; that the City needs a partner
willing to stick out this rough period; that it is a miracle that a corporation like New
West Energy has come forward; that it took over a year to work out the deal points with ,
Enron, it only took a month to work out a deal with New West Energy; that the
Assistant City Manager-Administration and the Procurement Manager has put the entire
deal together and kept the entire project moving forward and should be commended for
their efforts.
Councilmember Reller-Spurgin stated that the Council's focus was to bring economic
relief to its citizens regarding the summer electrical bills; that Art Lyons worked
tirelessly at the same goal; that it is the people who did not sign up that are at fault; that
she personally saved hundreds of dollars in electric costs over the past year; that the
Council is aware that some people have to choose Medical, air-conditioning, or food,
and that the focus was to try to help with those choices by lowering costs in electricity.
Councilmember Barnes concurred with Councilmember Reller-Spurgin's comments and
questioned the length of term, marketing efforts, and the "out clauses'.
Assistant City Manager-Administration stated that the term is for one year; that the
agreement can be extended; that the marketing is solely at the discretion of New West
Energy; that Channel 17 will be utilized for that effort; that New West Energy does in
fact have a list of small business owners they will be contacting; that as companies
move off Enron back to SCE, New West Energy will be contacting them, and that most
of the advertising for residential will be word of mouth.
Councilmember Hodges stated that the citizen's number one issue was electric costs;
that the Council was constantly queried on what could be done about the rates; that '
diligent effort to work out a solution was rendered; that, in fact, staff time: was used, but
no attorney time; that the cost to the City has been minimal, if any; that 2000
homeowners did take advantage and were delighted to get lower electrical rates; that
Palm Springs had the best deal in the State; and that hopefully others will now move to
receive savings.
Councilmember Oden stated that he benefited from changing; that alot of effort and
energy went into the project; that in spite of the fact that things did not work out where
we wanted, it is good to see New West Energy come forward to work with us.
Mayor stated that the goal of the Coucnil was to reduce costs to the citizens; that if the
citizens choose to take advantage, there are saving available; that with New West
Energy's plan, there is a two percent guaranteed savings over SCE; and that hopefully
that savings will be better, after the stranded cost issue is resolved.
Resolution 19501 as revised, to include authorizing the City Manager to execute
agreements was presented; after which, it was moved by Kleindienst, seconded by
Reller-Spurgin and unanimously carried, that R19501 be adopted.
5. CUP 5.0776 - EPIC RESORTS - P.S. MARQUIS VILLAS TIMESHARE;
CONVERSIONS
Recommendation: That the Council approve a Mitigation Agreement with Epic Resorts '
- Palm Springs Marquis Villas, LLC, a Delaware limited liability company, concerning (07
proposed conversion of the 101-unit P.S. Marquis Villas Condominiums to timeshare 079)
ownership, on 3.78 acres at 150 S. Calle Encilia, R-4-VP, Section 14, A-----.
Matter was withdrawn.
Council Minutes
4-21-99, Page 5
6. DEMUTH PARK SCULPTURE PROJECT
Recommendation: That the Council approve agreement with James Jared Taylor, III for
creation of seven welded-steel sculptures, for $33,000, to be located around the entry (109-
' walkway to the Williams Pavilion in Demuth Park. 005)
Public Arts Coordinator reviewed the staff report and added that Palm Springs High
School, Cathedral City High School, and the Continuation School students will be
working on the project.
Councilmember Oden stated that it is good to hear of projects like this making progress.
Minute Order 6381 as recommended, was presented; after which, it was moved by
Reller-Spurgin, seconded by Oden, and unanimously carried that MO6381 be adopted.
7. COLLEGE OF THE DESERT GRANT - SMART CLASSROOMS
Recommendation: That the Council approve a $50,000 grant to the College of the
Desert "Smart Classrooms Project" funded in part through funds contributed to the City (061-
from the Agua Caliente Band of Cahuilla Indians, and funds previously budgeted for the 023)
1998 P.S. Grand Prix.
City Manager reviewed staff report.
Councilmember Oden stated Mr. Gene House, Director of Project, could not be present
and thanked City Manager for the report.
Councilmember Hodges stated that she does not believe that the City is responsible to
' fund projects for College of the Desert; that doing so encourages other school boards to
come requesting funds; that the Council's job to use its funding for the citizens, not for
other governmental agencies; and questioned if the contributed funds were specified for
a particular department or project.
City Manager stated that the funds were not specified; that it is a fact that COD plays an
active role in education in Palm Springs, that the Police Training Center and the High
School are both utilized.
Councilmember Hodges stated that there is no question that COD does a good job, but
that it is another governmental agency being funded by a governmental agency; and
questioned if any inquiry was made to the Tribal Council regarding this matter.
City Manager stated that the funds donated to the City were with no strings attached;
and that the Agua Caliente Band of Cahuilla Indians has always indicated a interest in
students.
Minute Order 6382 as recommended was presented; after which, it was moved by
Barnes, seconded by Reller-Spurgin and carried by the following vote, that MO6382 be
adopted.
AYES: Barnes, Oden, Reller-Spurgin and Kleindienst
NO: Hodges
1
Council Minutes
4-21-99, Page 6
8. WASTEWATER TREATMENT RATE STUDY
Recommendation: That the Council rescind MO6337, which authorized negotiations
with Carollo Engineers, and authorize staff to negotiate a rate study agreement with
Integrated Utilities Group, Inc., for an amount not to exceed $38,055, including travel (127- ,
expenses, A4095. 001)
Assistant City Manager-Operations reviewed the staff report and recommended
approval.
Councilmember Reller-Spurgin clarified that would result in a saving of$100,000.
Minute Orders 6383 and 6384 as recommended were presented; after which, it was
moved by Oden, seconded by Barnes, and carried by the following vote, that MO 6383
and 6384 be adopted.
AYES: Barnes, Oden, Reller-Spurgin and Kleindienst
NO: Hodges.
9. 1998 CALIFORNIA CODES AND 1997 UNIFORM CODES, AND LIFE SAFETY
CODE
Recommendation: That the Council adopt, with amendments, additions and deletions,
the 1998 editions of the California Building Code, Fire Code, Mechanical Code, (112-
Plumbing Code, Electrical Code and the 1997 editions of the Uniform Housing Code, 005)
Uniform Code for Abatement of Dangerous Buildings, Uniform Solar 'Energy Code,
Uniform Swimming Pool, Spa and Hot Tub Code, Uniform Administrative Code, and
the Life Safety Code. Hearing to be set for May 19, 1999.
Building Official reviewed the staff report and added in question by Council that ,
compliance with the seismic standards for the downtown area is almost complete; that
the current adoption will not affect the buildings as in 1988; that notice has been given
of the proposed adoptions in the paper, the local Building Industry Association notified,
and flyers will be distributed.
Resolution 19502 making findings was presented; after which, it was moved by Reller-
Spurgin, seconded by Oden, and unanimously carried that R19502 be adopted; and
Assistant City Clerk read titles of ordinances as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE PALM SPRINGS MUNICIPAL CODE, CHAPTER 11.02 TO
ADOPT AND AMEND THE 1998 EDITION OF THE CALIFORNIA FIRE CODE;
and
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
AND AMENDING THE 1998 EDITIONS OF THE CALIFORNIA BUILDING CODE
WITH APPENDICES CHAPTER 3, DIVISIONS II AND IV, 4 DIVISION 11, 15, 31
DIVISIONS II AND III, AND 33, THE CALIFORNIA MECHANICAI. CODE, THE
CALIFORNIA PLUMBING CODE, THE CALIFORNIA ELECTRICAL. CODE, AND
THE 1997 EDITIONS OF THE UNIFORM HOUSING CODE, UNIFORPâś“i CODE FOR '
THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SOI..AR ENERGY
CODE, UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE, UNIFORM
ADMINISTRATIVE CODE, AND THE LIFE SAFETY CODE.
after which; it was moved by Reller-Spurgin, seconded by Oden, and unanimously
carried, that further reading be waived, and the,Ordinances be introduced for first
reading.
Council Minutes
4-21-99, Page 7
10. 4554 CAMINO PARCOLEA-LIQUOR LICENSE(SANDOR)
Recommendation: That the Council approve a resolution of convenience and necessity
for a Type 40, on-sale beer license, for a delicatessen at 4554 Camino Parocela, Mariann
' Sandor, M-1, Section 19. (No CUP required) (136-
016)
City Manager reviewed the staff report.
Mayor questioned who the property owners were.
Director of Planning & Building stated that a church owns the site; that a church is not
located at the site; and that ABC did authorize approval.
Councilmember Reller-Spurgin stated that she would not support a Resolution of
convenience and necessity to buy alcohol.
Resolution 19503 as recommended was presented; after which, it was moved by Hodges,
seconded by Oden, and carried by the following vote.
AYES: Barnes, Hodges, Oden and Kleindienst
NO: Reller-Spurgin.
11. MUNICIPAL CODE AMENDMENT-JOB CREATION INCENTIVE PROGRAM
Recommendation: That the Council revise proposed amendment to the Municipal Code,
to establish a Job Creation Incentive Program for businesses creating at least 100 newjobs (103-
in the A, M-1, M-1-P and M-2 zones within the City, and reintroduce the ordinance for 048)
first reading.
' City Manager reviewed the staff report, no further report was given.
Assistant City Clerk read title of ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
CHAPTER 3.38 TO THE PALM SPRINGS MUNICIPAL CODE, TO ESTABLISH A
JOB CREATION INCENTIVE PROGRAM IN PALM SPRINGS
after which; it was moved by Barnes, seconded by Reller-Spurgin, and unanimously
carried that further reading be waived,and ordinance be introduced for first reading.
12. AGUA CALIENTE TRIBAL BILLBOARD ORDINANCE AMENDMENT NO. 8
Recommendation: That the Council review and consider proposed amendments to the
Tribal Billboard Ordinance. (103-
031)
City Manager requested matter be deferred.
Motion that the matter be deferred to May 5, 1999 was presented; after which, it was
moved by Reller-Spurgin, seconded by Barnes, and unanimously carried, that the matter
be deferred.
' 13. ADDITIONAL LEGISLATIVE ITEMS: None
CONSENT AGENDA:
14. MO 6385 awarding contract to recarpet Fire Station 2 to VTP, Inc. for$9,823, CP96-26, (117-
013)
A4096.
15. MO 6386 accepting Dog Park entryway gates and fencing by artist Phil Evans, which allows (109-
final'payment of$15,800 to the artist. 005)
Council Minutes
4-21-99, Page 8
16. MO 6387 rescinding Agr 4051 with the City of West Covina for on-site defensive driver (110-
training services for$49,910, and approving a secondary off-site training program by the West 006)
Covina Police Department at a cost of$14,478, including training cost of$10,728, and
transportation and food of$3,750, for 149 people.
17. MO 6388 approving a(city)management restructuring plan. (061- '
023)
18. MO 6389 approving a tort liability settlement agreement with Sylvia Gray, $10,000. (096-
005)
19. MO 6390 approving Change Order No. 3 to Agr 3971 with E.L. Yeager Constrrtction Co., (051-
Inc., for an increase of$13,368.13,relative to the Airport Runway Extension CP97-24. 103)
20. Res 19504 and 19505 approving Payroll Warrants and Claims&Demands.
Note abstentions, if any: (086-
Councilmember Warrant# Payee Particular Nature of Conflict 018)
Hodges 941232 Bldrs Sply Client of Employer
941424 Preferred Plmb
Reller-Spurgin 941469 Spurgin Spouse
21. Res 19506 consenting to assignment of MediaOne Cable TV(Originally Palmer)franchise to (089-
Time Warner Cable,A2792. 005)
22. MO 6391 and 6392 companion actions to above Financing Authority actions. (155-
012)
23. MO 6393 awarding purchase of an electric scissorlift for Airport Terminal maintenance and (084-
repair operations. 016)
24. Res 19507 approving an encroachment license to allow maintenance of a portion of existing (136- '
buildings within the City's right-of-way at 2755-2771 N. Palm Canyon Drive,A.4097. 029)
25. MO 6396 ratifying the addition of a senior programmer analyst in the Information Services (061-
Unit. 023)
26. MO 6394 accepting and approve grant agreement with California Dept. of Conservation, (148-
Division of Recycling for a cooperative pilot recycling program(bar&restaurant beverage 002)
containers),A4098.
27. Res 19508 making a finding pursuant to the Health& Safety Code relating to designation of (124-
40 acre parcel in the Ramon-Bogie Project Area for the Economic Development Incentive 101)
Zone.
it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried,that
Resolutions 19504 through 19508 and Minute Orders 6385 through 6395 be adopted,
Kleindienst abstain on Item 19, due to prior FPPC ruling re: Airport Master Plan.
ADDED STARTERS: (Determine eligibility for consideration)
It was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that the
matter arose subsequent to the posting of the agenda and the matter be eligible for
consideration.
ASI. RUNWAY GUIDANCE SIGNS/MARKINGS CHANGE ORDER '
Recommendation: That the Council approve change order#4 to A3971 with E. L. Yeager
Construction, Inc., for runway guidance signage/markings in an amount not to exceed (0 51-
$100,000. 103)
Assistant City Manager-Operations reviewed the staff report, no further report was given.
Council Minutes
4-21-99, Page 9
Minute Order 6395 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin, and unanimously carried that MO6396 be adopted.
REPORTS &REQUESTS:
28. DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Treasurer's Investment Report - Feb, 1999 (121-
002)
CITY COUNCIL reports or requests
a) Board & Commission Recruitment - Shortlist, schedule interviews, make
appointments/reappointments concerning annual and unexpired terms.
Councilmembers to rotate subcommittees; extend Public Arts to 4-28-99.
PUBLIC reports or requests
STAFF reports or requests
a) U.S. FILTER NEGOTIATIONS UPDATE - City Manager-Summary available (127-
at City Hall, copy to City Clerk not provided, on file with City Manager 005)
ADJOURNMENT
There being no farther business, Chairman declared the meeting adjourned at 10:00
p.in.
' JUDITH SUMICH
By: PATRICIA A. SANDERS
Assistant City Clerk