HomeMy WebLinkAbout1999 - MINUTES - 11/17/1999 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
November 17, 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,November
17, 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,and an invocation by Dr. Ernest Phillips,P.S.
Church of Religious Science.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on November 12, 1999.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION(All
Entities)- See items on Page 6 of agenda this date.
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.
APPROVAL OF MINUTES:
It was moved by Barnes, seconded by Reller-Spurgin, and unanimously approved,that the
Minutes of October 20 and November 3, 1999,be approved.
' PUBLIC HEARINGS:
1. CS5.0788,PD59 -DESERT CHAPEL
Recommendation: That the Council approve revision to Desert Chapel Master Plan,
subject to conditions.
Director of Planning & Building reviewed the staff report and added that the matter is
related to item 2; that the bridge located on the bikeway may need to be expanded to (116-
double lanes; that grants may be available to do the project; that the success of this 123)
bikeway is a prime example of high use; that the vacation will allow the previous area
designated for frontage road to be used in a better capacity; that the right-of-way is not
required to be as large an area as currently zoned; that the reduction of the right-of-way
will be typical of most right-of-ways;and reviewed various site plans on visual board.
Mayor declared the hearing open.
Frank Marshall, Administrator at Desert Chapel, stated that Desert Chapel did take all
concerns of the neighboring property into consideration and those concerns have been
alleviated; that the purpose of the request is to make room for more people; and that
approval of the project is requested.
There being no further appearances the hearing was closed.
' Councilmember Reller-Spurgin abstained due to proximity of personal residence.
Councilmember Hodges questioned the front parking lot and added in most cases the
parking is in the back.
Director of Planning & Building stated that the parking location was chosen to break up
the circulation and access problems; that the school is placed in the middle for safety
reasons; that the parking proposed exceeds the required space; and that while it is usual to
try to hide the parking, in this case school safety became a concern.
Council Minutes
11-17-99,Page 2
Councilmember Barnes stated it is wonderful for a church to reach the point of needing
expansion; that it is appreciated that Mr. Marshall made the comment that the need was
generated by the growth of more people, not just wanting more buildings; that the Layout
looks good; that the parking lot is in a well thought out area; that it is further appreciated
that the church did work with its neighbors to resolve issues and that The improvements do
complement the existing structures. '
Councilmember Oden stated that he has had the experience of assisting in the building of
churches and schools and as a minister it is a joy to have this type of groundbreaking; that
in review of the parking area it will be a good buffer for the safety of the students.
Mayor Kleindienst stated that the measure of a community is the quality of life; that the
quality of life is related to growth; that congratulations are in order for Desert Chapel for
its growth; that it is good to see the school expanded to K- 12 grader, that it is evident the
church has worked hard to get a good plan together;that it is clear that it did work with its
neighbors in the planning process; that there are grants that are available through RCTC
for bikeways; and if the grant is submitted to the subcommittee, he will try to shepherd it
forward; and added that the Mesquite Country Club does have one of the finest bikeways.
Resolution 19683 as recommended was presented; after which, it was moved by Oden,
seconded by Barnes, and unanimously carried, Reller-Spurgin abstaining, that R19683 be
adopted.
City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM R-1-C (SINGLE
FAMILY RESIDENTIAL ZONE, 10,000 SQ. FT. LOT SIZE) TO PLANNED
DEVELOPMENT DISTRICT 59 ON 10.16 ACRES OF LAND AT 630 SOUTH
SUNRISE WAY, SECTION 24.
after which; it was moved by Oden, seconded by Barnes, that further reading be waived '
and the Ordinance be introduced for first reading.
AYES: Barnes,Hodges, Oden,and Kleindienst
NO: None
ABSTAIN: Reller-Spurgin.
2. STREET VACATION- SUNRISE WAY AND SUNNY DUNES
Recommendation: That the Council approve vacation of a portion of the right-of-way
dedicated for the public streets named Sunrise Way and Sunny Dunes Road in Section 24,
T4S,R4E. (145-
Director of Planning&Building stated the matter was related to item. 1. 001)
Councilmember Reller-Spurgin abstaining due to proximity of personal residence.
Mayor declared the hearing open,there being no appearances the hearing was closed.
Resolution 19684 as recommended was presented;after which,it was moved by Barnes,
seconded by Oden, and unanimously carried,Reller-Spurgin abstaining,that R19684 be
adopted.
PUBLIC COMMENTS: '
a) Comments on item 3:
Scott Lissay, 1020 Via San Dimas, requested support of item 3 and added that
under the current ordinance work cannot begin until 8 a.m.; that particularly
during the summer hours it is difficult to get a job dune; that the weather
conditions in the desert impact outside construction; that only 1/2 of the day can
be used to work; that other cities in the valley do take the summer into
consideration for the outside workers; and added that approval will help the
people who are working with growth and rehabilitation of the City.
Council Minutes
11-17-99,Page 3
Tim Ellis, PS Hotel Association, stated that the proposed 6 a.m. start time will
hurt the hotel business; that the Association is trying to build the summer tourist
trade; that the reason people come to Palm Springs is for peace and tranquillity;
that each project should be reviewed separately and not a blanket start time of 6
a.m.; that the Association would welcome being invited to the discussions
concerning the hours for construction; that more dialogue is needed; and that the
Board of Directors did vote against the recommendation proposed by staff; but
that discussion avenues are open.
Philip Tedesco, 374 Via Sur, stated that more public input is needed on the
matter.
Frank Tysen stated the quality of life must be maintained; that inside construction
is one issue, outside another; that the Desert Fashion Plaza is a prime example;
that if heavy equipment is working there at 6 a.m. for the next two years, most
hoteliers will be out of business; and added that flexibility can be given on the
inside construction,but that outside work should not erode the quality of life.
b) Comments on item 4:
Byron Cornelius, 266 N.Farrell Dr.,recommended approval of item 4, and added
that it is appropriate that the Airport take steps to insure the limitation of
solicitation at the airport; that the placement of booths for that purpose is a good
balance.
c) Comments on item 6:
Dean Stephen-Kauffman recommended approval of the matter.
' d) Comments on matters not on the agenda:
John Duncan,US Navy, ret., stated that congratulations were in order for all who
participated in the planning and operation of the Veterans Day Parade; that
without the contribution of so many volunteers the event could not have taken
place; that the various hotels and restaurants did donate all the needed rooms and
food; and that the event was a success.
Todd Kent, 559 Mountain View, stated that he would like to meet with the City
Council regarding the RFP process; that he did submit a RFP 10 days late and
that it was not accepted by the Procurement Division; that his company, Pro Ace,
did meet with the Parks and Recreation Commission; that there was only one
proposal submitted to take over the Tennis Center; that the RFP should be
reopened; and added that tennis is an important part of the community's
activities.
Dr. Mark Bilke urged support of the representative of Pro Ace, and added that it
is important to address the needs of the elderly; that tennis is one of the ways to
address those needs; and added that the RFP process should be rebid.
Fred Ebeling, Palm Springs, expressed appreciation to the Police Department for
coming to his aid when his motorhome broke down; and added that when he did
arrive home, his residence was broken into; that an Officer did respond to the
burgerly call; that in his opinion,it seems that home security is last on the list for
issues of the Police Department; and added that the Police Department needs to
aggressively address sting operations.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
LEGISLATIVE ACTION:
3. MUNICIPAL CODE AMENDMENT-CONSTRUCTION HOURS (103-
Recommendation: That the Council modify the permitted hours for construction specified
in the Municipal Code.
Council Minutes
11-17-99,Page 4
Director of Planning & Building reviewed the staff report and added that the hours were
recommended to be from 7 a.m. to 7 p.m., that construction work on Sunday will be
prohibited; that certain Holidays will be exempted from work; that the goal is to achieve a
balance that would, to the extent possible, maintain peaceful conditions in the City's
neighborhoods while allowing progress on various construction projects within the City; '
and that staff would recommend approval of the first reading of the Ordinance or direction
to proceed with further discussions with concerned parties.
Councilmember Oden stated that discussions have been held on the issue, but that more
input is needed by the Community; and that remodeling is one matter, but outside
construction is another.
Councilmember Hodges stated that the changes are needed; that from personal experience
there are contractors that choose to start as early as 6 a.m.; that the biggest concern is
enforcement; that if the matter is not enforced,there is no reason for the Ordinance:;that it
is too early to start at 6 a.m.; that work should not be performed on Sunday; that a balance
is needed in the Community; that the City needs new construction and new projects, but
the residents need their quality of life; that the proposal sounds fair; that more input is
needed; and that the Chamber of Commerce, Main Street, Hotel Association and various
neighborhood coalitions should be included.
Mayor Kleindienst stated that the Uptown Association, Tennis Club,Hospitality Industry,
Las Palmas, Movie Colony, Deepwell, and other homeowner associations should also be
included in the discussion process; and that each group should put its concerns in writing
and those concerns could be addressed.
Council consensus that the matter be deferred to staff for further Community input.
Zl. PALM SPRINGS INTERNATIONAL AIRPORT-1st AMENDME]VT POLICY
Recommendation: That the Council approve the general Policy concerning charitable '
solicitation distribution of literature and the exercise of First Amendment rights at the (051•-
Airport. 074)
Director of Aviation reviewed the staff report.
Councilmember Oden questioned if the booths would be in a designated area; if multiple
organizations could be present; and if there will be signage designating the area.
In answer to further questions, Airport Director stated that the sigaage for the booths is a
part of the airport policy; that verbal soliciting is prohibited, that the soliciting will be
when a person chooses to approach the booth;that there will be no more than three people
representing each group on site; that there will be a limited number of organizations that
can be represented at any one time; that First Amendments rights are protected with the
policy; and that each organization is limited to three appearances per day with no more
than three per month.
Minute Order 6524 as recommended was presented; after which, it was moved by Oden,
seconded by Barnes,and unanimously carried that MO6524 be adopted.
5. CITY INVESTMENT POLICY
Recommendation: That the Council adopt the City's Investment Policy.
Director of Finance & Treasurer reviewed the staff report and added that the policy will (0044) '
allow some flexibility in that the best rates are with US Agencies, rather than the US
Treasury.
Resolution 19685 as recommended was presented; after which, it was moved by Hodges,
seconded by Reller-Spurgin, and unanimously carried, that R19685 be adopted.
fu7�Lc�.
Council Minutes
11-17-99,Page 5
6. ZONING ORDINANCEWUNICIPAL CODE CODIFICATION
Recommendation: That the Council award and authorize Book Publishing Company to
codify, format and maintain Internet access to the Municipal Code and Zoning Ordinance, (061-
amending the budget in the amount of$8,000, for a total of$20,000. 027)
City Clerk reviewed the staff report.
Councilmember Barnes stated that the action is a move in the right direction.
Minute Order 6525 as recommended and Resolution 19686 amending the budget were
presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and
unanimously carried,that MO6525 and R19686 be adopted.
7. ASSESSMENT DISTRICT 155
Recommendation: That the Council approve a$75,000 transfer from the General Fund to
the AD155 Series A Fund to cover additional legal expenses relative to potential (056-
litigation. 009)
City Attorney stated that under Federal Law,Indian land may not be liened; that this issue
has been worked on for a number of years; that the City has taken a loss in the situation;
that costs have been reassessed, and the time to move forward is now; that there are
unpaid expenses that the City has incurred;that the next phase will start settlement offers;
that the first prong is the payment of the legal expenses; and recommended approval of
the funding.
Resolution 19687 amending the budget was presented; after which, it was moved by
' Hodges,seconded by Oden,and unanimously carried,that R19687 be adopted.
8. ADDITIONAL LEGISLATIVE ITEMS: None.
CONSENT AGENDA:
9. MO 6526 approving Amendment#3 to A3458 with LandCare USA Inc., for parks (109-
maintenance services on a month-to-month basis. 003)
10. MO 6527 approving Amendment#1 to A3469 with Arnold Palmer Golf Management (092-
Company for management services at Tahquitz Creek Golf Resort on a month-to-month basis. 013)
11. MO 6528 approving Change Order#3 to A3992 with Granite Construction Company for a (051-
deduct of$7,788.35.Hodges abstain-client of employer. 046)
12. Res 19688 amending R19221 to allocate an additional $10,000 for temporary security activity (051-
related to completion of the new airport terminal building for a total of$65,000. 095)
13. MO 6529 approving Amendment#1 to A3741 (reimbursement Agreement)with CVAG for (123-
widening of the intersection at Ramon Road and Gene Autry Trail and express lane connector 020)
at the Vella Road entrance, for$706,715. CP99-13.
14. Res 19689 approving Grant of Easement with Southern California Edison for electrical (051-
distribution facilities over city-owned airport property located in Section 13,T4S,R4E. 074)
15. Res 19690 summarily vacating and abandoning all right,title and interest in a portion of the (145-
right-of-way dedicated for the public street known as Alejo Road, lying west of Vine Avenue 001)
in Section 15,T4S,R4E.
16. MO 6530 approving agreement with DKS Associates, for engineering services consisting of (136-
preparation of plans,specifications and estimates on new and upgraded traffic signals on 027)
Indian Canyon Drive between Baristo and Tamarisk,for an amount not to exceed$20,500,
CP95-06. A4167.
.Si t3
Council Minutes
11-17-99,Page 6
17. MO 6531 approving Change Order#1 to A4141 with Contreras Construction Company for the (129-
1998-99 Citywide sidewalk construction program for$24,967.06, for a total contract amount 002)
of$99,037.06.
18. MO 6532 approving Amendment#1 to A4139 with G&M Construction for the Frances (117-
Stevens Park Festival Center, for$2,848,for a total contract amount of$6,273, CP96-39. 023) ,
Hodges abstain-client of employer.
19. MO 6533 approving purchase from Zoll Medical Corporation for a manual/advisory (084-
defibrillator and related attachments for$13,187.52. 018)
20. MO 6534 approving agreement with Sandra Graves for consulting/marketing of the Palm (099-
Springs Virtual University for$32/hr for one year with renewable option for additional three 001)
year term. A4168.
21. Res ----providing recommendations to the County of Riverside regarding CS20.151,applicant (123-
SeaWest Windpower Inc., for the installation of 29 turbines on 306.6 acres located south of 034)
Interstate 10 and Highway 62 intersection,north of Windy Point and.south of Highway 111,
Section 18 & 19,T3S,R4E. Withdrawn.
22. Res 19691 approving encroachment license by Gary R. Hubbert and Victoria E. Hubbert to (136-
allow the construction of a four foot,six inch high wall with gates and decorative interlocking 057)
pavers along the property frontage,within the City's right-of-way, located at 299 Overlook
Road, Section 27,R1A Zone,T4S,R4E. A4170.
23. MO 6535 designating the Palm Springs 2000 New Years Eve Millennium Celebration as a (050-
city-sponsored event and Res 19692 temporarily suspending certain regulatory ordinances. 007)
24. MO 6536 approving a contract with Comprehensive Housing Services,Inc.,to provide (085-
consulting services for preparation of the City's 2000-2005 Consolidated Plan, not to exceed 012)
$15,000. A4171. (See CRA a). '
25. MO 6537 concurring with Community Redevelopment Agency action relative to acquisition (124-
of four additional downtown decorative light fixtures from Delta Lighting Systems, Inc., for 092)
$10,796.55. (See CRA b).
26. Res 19693A approving payment of Claims&Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict (086-
Hodges 947514 Builders Supply Client of Employer 019)
Hodges 947581 Desert Water Agency Client of Employer
Hodges 947582 Desert Water Agency Client of Employer
Hodges 947611 Foster Client of Employer
Hodges 947613 G&M Client of Employer
Hodges 947624 Granite Client of Employer
Hodges 947751 Preferred Plumbing Client of Employer
Reller-Spurgin 947813 Dennis Spurgin Spouse
27. Motion concurring CRA R1077- 1086.
Resolutions 19688 through 19693A and Minute Orders 6526 through 6537 were
presented; after which, it was moved by Reller-Spurgin,seconded by Oden,and
unanimously carried,that R19688-19693 and MO6526-6537 be adopted.
Council Minutes
11-17-99,Page 7
ADDED STARTERS-NONE
REPORTS&REQUESTS:
' 28. DEPARTMENTAL report or requests
a) Treasurer's Investment Report-September 30, 1999-received for filing. (002)002)
CITY COUNCIL reports or requests
Councilmember Reller-Spurgin requested an update on the Domestic Partnership Ordinance; and
the status on the skate park project.
Councilmember Oden requested the status on the PSUSD Unity Project.
Mayor requested that a study session be scheduled for discussion on infrastructure for alternative
fuel stations.
Councilmember Hodges questioned the policy on The Follies bus parking,and whether any
enforcement is being done.
PUBLIC reports or requests-NONE
STAFF reports or requests-NONE
ADJOURNMENT
There being no further business,Maym:Aeelaped the meeting a 'on a�.
' '�,,__ A. SANDERS
City Clerk