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HomeMy WebLinkAbout1999 - MINUTES - 9/15/1999 CITY OF PALM SPRINGS CITY COUNCIL MINUTES SEPTEMBER 15, 1999 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, September 15, 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: Councilmembers Barnes, Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag by Boy Scout Troop 262, and an invocation by Ms. Shauna Segundo-Baha'i Faith. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on September 10, 1999. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities)-See items on Page 6 of agenda this date. PRESENTATIONS: Public Record publication insert information. 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. PUBLIC HEARINGS: ' 1. FEDERAL LAW ENFORCEMENT BLOCK GRANT FUNDS Recommendation: That the Council discuss the allocation of Federal Law Enforcement Block Grant Funds for the purchase of fifty four mobile data computers and associated (117- radio equipment, and the computerization of the Police Records system. 048) Police Chief reviewed staff report, no further report was given. Mayor declared the hearing open, there being no appearances the hearing was closed. Councilmember Reller-Spurgin stated that it is the, Council's job to assist the police officers in making their work easier. Mayor stated that heat is a laptop's enemy; that if it is left in the squad car,the drives will melt down; and questioned if there will be something built in to protect the equipment, or if the manufacturer will guarantee the equipment in case of melt down. Police Chief stated that one company has guaranteed the equipment up to 150 degrees. Councilmember Barnes questioned if the laptops would be more secure in transmission; and if radios would be used at all. Police Chief stated that radios would still be used for emergency traffic; that each radio has an emergency button for an officer in trouble and that radios are the lifeblood of the officer and will not be eliminated. ' Councilmember Hodges stated that staff has done well in securing grants to obtain equipment for the various departments and added that the local paper should have a story written about the grants. Mayor requested a report of grants obtained for the past four years. JIQ6492- as recommended was presented; after which, it was moved by Reller- Spurgin, seconded by Barnes,and unanimously carried,that M06492be adopted. 2- Council Minutes 9-15-99,Page 2 PUBLIC COMMENTS: a) Comments regarding item 2: Tom Davis, Tribal Planning Director, stated that Tribal offices had received the staff report regarding this item on Monday past; that the Tribal Council did meet (124- ' today to discuss the effects of consolidation of the Redevelopment Project Areas; 038) that there is some question as to the process the Council/Agency has followed; that there has not been an EIR regarding the consolidations; that impacts to the area need to be examined; that there are various Government and Health and Safety Codes that the Council/Agency must follow and questioned if those had been considered; and added that a written objection had been filed with the City on July 20, 1999, but no response had been received and recommended that the matter be continued to allow both Councils to meet and discuss the issues. b) Comments regarding item 5: William Adams, no address given, stated that the City should approve the proposal; that the project will bring money to the City; that the annual wind (123- conference is held in Palm Springs; that the windmills bring national news 034) coverage to the City; that jobs are brought into the area from the windmills; that the resolution proposed is negative to the project; that 80% of turbines should be located on the ridgeline; that the projects need the ridgelines for maximum output; that the public supports alternative energy; that the City of Palm Springs has always had a bad reputation regarding new businesses; that this is a $60 million investment for the company and recommended approval of the project. Victoria Doyle, 15982 Cottonwood, Whitewater, stated her opposition to the proposed project; that the windmills are an eyesore; that speaking for the people of Whitewater,they are against the project and feel powerless to stop the turbines from coming into the area; that the City's support in this opposition is needed; , that there are endangered species being threatened; and requested Council consideration of disapproval of the project. Fred Noble, no address given, stated that for each person opposed, there will be found dozens in favor; that yearly, over 60,000 people, not including school children, are escorted on tours of the sites; that there is a great ground swell supporting wind energy; that demand outstrips supply of alternative energy; that the wind energy companies are good employers and good neighbors and that consideration should be given to the industry. c) Comments on matters not on the agenda: Melinda Tramelijo, representing Arenas Road, stated that the merchants of Arenas will be hosting a Halloween Party from 8 p.m. to midnight and requested a street closure of Arenas and waiving of the noise ordinance; that last year there was a problem with over capacity; that the neighboring apartment building and hotel will be notified of the event; that private security will be hired; and that next year the event could be considered for sanctioning. Fred Ebeling, Palm Springs, stated that in his opinion the last two City Councils are the worst in history; that government starts from the bottom up and that his endorsement for the upcoming election would be Gladys McMillan for Mayor and Jim Jones and Stan Barnes for Council members. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: , a) Councilmember Barnes stated that American Legion is in town for a parade and other events and welcomed its attendance in Palm Springs. Councilmember Odell stated that the Office of Aging held a seminar on Leadership at the Mizell Senior Center and questioned if there was assistance the City could give to the RSVP Program and requested the status of the Domestic Partner Ordinance; and added that the budget needs to be re-examined relating to economic development. Council Minutes 9-15-99, Page 3 Mayor stated that the issue of school crossing guards needs to be addressed; that economic development will be addressed at the next workshop; that budget issues will be addressed on the October 27, 1999, quarterly budget review; that the Office has been receiving a number of calls regarding different major streets in ' need of crossing guards; that signs may need to be posted; that aggressive enforcement may need to be used in school zones; that citizens could volunteer to assist the City in this matter by joining the Citizens on Patrol Program or contacting City Hall; that the PSUSD office opened; that two students, Sara Martin and Joshua Cobb from PSHS, were awarded the National Merit; and requested that City Manager report on City Vehicles vandalized. City Manager stated seven city-owned vehicles had all four tires slashed and that in the future the vehicles will be housed at the Corporation Yard. LEGISLATIVE ACTION: 2. REDEVELOPMENT PROJECT AREA CONSOLIDATION On July 21, 1999, Council continued this matter to consider adopting an ordinance consolidating the ten redevelopment projects in Palm Springs into a single Project, called (124- the"Merged Redevelopment Project,"for reporting and accounting efficiencies. 038) City Manager requested the matter be continued. Motion to continue the item to October 20, 1999; was presented, after which; it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that the matter be continued. 3. REDEVELOPMENT PROJECT AREA TIME EXTENSIONS ' On July 21, 1999, Council continued this matter to adopt an ordinance extending the period of time the Community Redevelopment Agency is allowed to collect tax increment (124- out to the statutory maximum, as allowed by AB 1342, for eight of the Agency's ten 038) areas. Director of Finance and Treasurer reviewed the staff report and added that the action is AB1342 compliant. Councilmember Hodges stated that the entire redevelopment concept needs to be examined; that there may be project areas that are no longer needed, or new that need to be created; that it may be that the Agency is only prolonging something that is not viable. City Attorney stated that if the Council approves the item, the lengths of time can always be amended;that many agency project areas are set up longer than Palm Springs; and that State Law has now clarified the regulation to allow longer project area times. Motion to continue the matter to workshop was presented; after which, it was moved by Kleindienst, seconded by Reller-Spurgin and unanimously carried, that the matter be continued. 4. BELARDO BRIDGE On July 28, 1999, Council continued this matter to approve amendment #2 to agreement (088- 42435,regarding the Tahquitz Creek Flood Control and Belardo Bridge projects. 005) City Manager withdrew the matter to October 20, 1999. 5. CS NO. 20.149 CABAZON WIND PARTNERS Recommendation: That the Council consider an application by the Cabazon Wind (123- Partners for the installation of ninety-two (92) 660- KW wind turbines on approximately 034) 636.8 acres of land (WECS #104) located in unincorporated Riverside County, south of Interstate 10 and immediately west of the existing Cabazon Wind Farm, Section 13, T3S, R2E, SBBM. Council Minutes 9-15-99, Page 4 Director of Planning&Building reviewed the staff report and reviewed visasal displays. Councilmember Hodges stated it is important to have the wind energy system; that it is part of the Community; that the Council is conservation minded; that the citizens need to maintain their views; that there does not seem to be a problem with the windmills located ' on the flatlands,but there is on the ridgelines. Councilmember Barnes stated that there is a benefit to wind energy; that the technology has come a long way; that the wind turbines are the most photographed item in the desert, on the desert floor; that there has not been support for ridgeline development; that the Council needs to stay consistent in its actions; and that a balance should be maintained between industry and the environment. Councilmember Oden stated that the tours are a good experience; that it is good to have alternative energy; that there are already a lot of wind turbines on the ridgeline, and no more should be allowed; that the ridgelines are a gateway to the City and recommended supporting the Planning Commission recommendation. Mayor stated that it does not sound like ridgeline development will ever be supported in Palm Springs; that the aesthetic view of the mountains is lost; that this location is outside the City's jurisdiction; that he will not support any more development outside the present boundaries; that the setbacks the City has should be adhered to and that the Council has made concessions in the past for the turbine height. Councilmember Hodges stated that the Council may wish to consider not allowing any more turbines. Mayor stated that while the Council is concerned about economic growth, this industry may have reached its saturation point. Councilmember Oden stated the Council may wish to contact Riverside County , Supervisor. Councilmember Reller-Spurgin stated that people do need to understand the position of the Council in the future, but that this item is before the Council tonight; and that this matter should be discussed in the future for policy direction. Resolution 19643 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and carried by the following vote that R19643 be adopted: AYES: Barnes, Oden and Reller-Spurgin NO: Hodges and Kleindienst 6. AMERICAN ASSOCIATION OF AIRPORT EXECUTIVES Recommendation: That the Council authorize the Director of Aviation to ;sign a purchase (051- agreement with the AAAE to conduct and film an on-site training seminar"Basic Airport 074) Safety and Operations Specialist School" (ASOS) for both the Airport and Aircraft Rescue&Firefighting staffs, for$20,500. Director of Aviation reviewed the staff report,no further report was given. Minute Order 6482 as recommended was presented; after which, it was moved by Hodges,seconded by Oden,and unanimously carried that M06482 be adopted. 7. RECORDS RETENTION PROGRAM Recommendation: That the Council establish a city records retention program. (151- City Manager reviewed the staff report. Councilmember Oden questioned if the program would include Finance records. Council Minutes 9-15-99,Page 5 City Clerk stated that all records are governed under the California Government Code; that the retention schedule follows that Code and would include the Department of Finance. Resolution 19644 as recommended was presented; after which, it was moved by Hodges, seconded by Barnes,and carried by the following vote: AYES: Barnes,Hodges,Reller-Spurgin and Kleindienst NO: Oden 8. ADDITIONAL LEGISLATIVE ITEMS: None CONSENT AGENDA- Review by City Manager of Consent Items to be clarified. In answer to question by Councilmember Barnes on item 22,Director of Facilities stated that if the street work were completed in time the event would move to its previous location on Indian Avenue 9. Res 19645 and 19646 ratifying airline requested airport terminal expansion changes and (051- deleting said changes from the 5% change order authority; and amending the budget to 096) appropriate $100,006 from the Airport Fund Balance to Airport Construction Contingency Account. Kleindienst abstain-prior FPPC ruling Airport Master Plan, 10. MO 6483 authorizing contract negotiations for retail, food and beverage outlets at the airport (051- with Paradies Shops,Hams Enterprise, Shades and Shirts,Inc. and Anton Airfood. 104) 11. MO 6484 approving Change Order 41 with James E. Simon Co., for site certification of the (051- taxi holding facility not to exceed$17,150. A4105. 095) 12. Res 19647 adopting a Resolution of Intent to vacate a portion of the right-of-way dedicated (145- for Tahquitz Drive, and set Public Hearing date for October 6, 1999. 001) 13. Res 19648 adopting a Resolution of Intent to vacate a portion of the right-of-way dedicated (145- for Sunrise Way and Sunny Dunes Road, and set Public Hearing date for October 20, 1999. 001) Reller-Spurgin abstain-property location. 14. Res 19649 adopting a Resolution of Intent to vacate a portion of the public utility, landscape, (145- and sidewalk easement reserved from the vacation of Via Eytel, and set Public Hearing for 001) October 6, 1999. 15. MO 6485 awarding contract to Rubberized Crackfrlling Sealant, Inc., for 1998-99 annual (136- erackfilling program for$77,418,CP99-09. A4140. 058) 16. MO 6486 approving Change Order#2 to Tapuz Enterprises, Inc. for $14,018.80 for the Mid- (123- Valley Parkway-Phase I, Landscape Improvements, total contract $566,416.43, CP95-38, 023) A4090, 17. MO 6487 authorizing City Manager to accept Federal Grunts up to $10 Million for (051- safery/security related equipment and airport development/improvement projects that arc 020) consistent with the Airport's Master Plan, FAA Capital Improvement Program, and/or Noise Mitigation Program. Kleindienst abstain-prior FPPC ruling Airport Master Plan, 18. MO 6488 awarding contract to Contreras Construction Co., for 1998-99 Citywide Sidewalk (129- Construction, Schedules A-F for$74,070, CP98-18. A4141. 002) 19. MO 6489 awarding contract to Fleming Environmental,Inc.,for Ruth Hardy Park and Sunrise (109- I Park Playground renovations, Schedules A&B,for$146,691, CP97-34. A4142. 003) 20. MO 6490 awarding contract to James E. Simon Co., for Library Center Repainting, Schedules (099- A,C and D for$169,751, CP98-28; and Res 19650 amending the budget thereto. A4143 001) 21. Res 19651 approving final map 29156 for property located at 1530 Indian Canyon Drive (137- North, Section 11,T4S,R4E, A4181 111) Council Minutes 9-15-99,Page 6 22. Res 19652 rescinding MO6449 and temporarily suspending certain regulatory ordinances to (050- facilitate the 1999 Palm Springs Bike Weekend. 007) 23. See Item 29 24. Res 19654 approving encroachment license for construction/maintenance of a covered (136- , walkway located at 382-398 Palm Canyon Drive North. 029) 25. Motion concurring CPA R1030 through 1076. 26. Res 19655 approving a loan to the Community Redevelopment Agency for $100,000 for site (124- improvements by Smart Alex LLC., and Res 19656 amending the budget(re CPA item d). 037) 27, MO 6491 approving Assignment of Lease and Consent between the City, AMR Combs (051- (Leesee), Inc., and Signature Flight Support Corporation and Signature Flight Support - 023) California,Inc.(Assignee). A1764. 28. Res 19657 and 19658 approving Payroll Warrants and Claims&Demands. Note abstentions, if any: (086- Councilmember Warrant# Payer, Particular Nature of Conflict 019) Hodges 945109 Bldrs Sply Client Employer 945219 Foster 945223 G&M 945230 Granite 945231 Granite 945352 Preferred Plumb Reller-Spurgin 945417 Spurgin Spouse Resolutions 19645 through 19658 and Minute Orders 6483 through 6491were presented;after , which, it was moved by Oden,seconded by Barnes,and unanimously carried that R19645- 19658 and MO6483-6491be adopted. 29. PD205 Res 19653 approving one year time extension for an approved revised preliminary planned development district located at the northwest comer of Sunrise Way and Tahquitz (116- Canyon Way,C-1-AA,R-4-VP,Resort Overlay Zone, Section 14. 072) Councilmember Reller-Spurgin stated that this matter did come before the Council one year ago; that at the time she did vote against it; and another grocery store: does not need to be built across from an existing store. Resolution 19653 as recommended was presented; after which, it was moved by Hodges, seconded by Barnes,and carried by the following vote,that R19653 be adopted. AYES: Barnes,Hodges, Oden and Kleindienst NO: Reller-Spurgin ADDED STARTERS: City Manager requested a companion action be added regarding CRA c). ' Council consensus matter did not meet Brown Act Requirements for addition. REPORTS &REQUESTS: DEPARTMENT reports or requests (121- 30. Treasurer's Monthly July 31, 1999-received for filing. 002) Council Minutes 9-15-99,Page 7 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 9:30 p.m.,to September 29, 1999 at 7:00 p.m., Studio B,to be preceded by Closed Session at 5:30 p.m. PATRICIA A. SANDERS City Clerk 1 1