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HomeMy WebLinkAbout2000 - MINUTES - 2/2/2000 CITY OF PALM SPRINGS CITY COUNCIL MINUTES February 2, 2000 , 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, February 2, 2000, 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 Jones, Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Rev. Joe Placencia, Church of Christ. REPORT OF POSTING OF AGENDA: City Clerk reported that the: agenda was posted in accordance with Council procedures on January 28, 2000. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities)- See items on Page 4 of agenda this date. PRESENTATIONS: PSHS Student Body Report Certified Professional Public Buyer Certification Karyn Barnes-Parades of Palm Springs Eleanor Corkle-Historic Site Preservation Board ' Southwest Chapter American Association of Airport Executives 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 Hodges, seconded by Oden, and unanimously carried, that:the Minutes of December 1, 8, and 15, 1999 be approved. PUBLIC HEARINGS: 1. Cs3.573-A PALM SPRINGS MALL Councilmember Jones filed an appeal to the Planning Commission decision to approve an application by Peter Pappas, architect, for Lamar Companies for a revised lighting plan for the Palm Springs Mall, 155 South Farrell Drive, C-S-C Zone, Section 13. Council Minutes 02-02-00,Page 2 Director of Planning & Building reviewed the staff report and added that the metal halide lighting will be on an 18 foot pole; that the applicant proposed the metal halide based on the typical use on commercial property; that it will be a more even light; that there will be one lamp on each pole; that it is more efficient and better lighting; that the Planning Commission did debate the issue and did receive public input regarding the lighting; that the comments were generally regarding too much lighting; that this will be the same light fixture as Jack in the Box; that there will be no additional poles added; that currently there are some lamps not working; and reviewed visual aids. Mayor declared the hearing open. Viola Sanchez, LaMar Companies, stated that the study on the lighting was done at the Planning Commission request; that the work has been done in conjunction with the Planning Commission to upgrade the lighting program; that it is LaMar's preference to stay with the current system; that the management does not see a need to upgrade; that if the Council does desire the change, the management preference would be the metal halide; but that the desire of the management is to stay with the existing system. Frank Tysen, 175 S. Cahuilla, stated that there was a presentation given to the Council regarding different types of lighting; that if LaMar is satisfied with the existing lighting, so are the people he is representing; that if the Council desires a change, the preference would be hi-pressured sodium; that there are other alternatives that could be pursued; that new lighting will be brighter; that new projects throughout the City are harsh; and recommended a test light be field tested before a decision is made. Mayor declared the hearing closed. Councilmember Jones stated that he did file the appeal on the behalf of several citizens; and that he does sympathize with the neighborhood; that lighting can be a part of pollution; that there is no problem with the lighting currently; that a tour was given by Mr. Raya, Planning Commissioner, and parking lots viewed; that different examples of lighting were viewed and discussed; that to the lay person the amber lighting is a more pleasant light to observe; that if a change were made, it should be the hi-pressure sodium, but that it would be alright to stay with what is presently at the parking lot and added that staff should work out the details on any changes on the architectural features of the lighting fixtures. Councilmember Hodges questioned if complaints had been received with the current lighting at the Mall. Director of Planning & Building stated that he is not aware of any. Councilmember Hodges stated that she was not aware of complaints of the lighting or indications that citizens feel unsafe in the parking lot; that it is unfortunate that the Mall had to go through a process of a lighting study; that the Mall is not changing anything, except getting new tenants; that LaMar is doing a good job at the Mall and recommended no changes be made to the lighting. Council Minutes 02-02-00,Page 3 Councilmember Reller-Spurgin stated that the lighting at the grocery store at the Mall i is insufficient; that personally she does not go there at night or alone; that she is conscious of her surroundings; and tries to be careful; that if the lighting is changed to hi-pressure sodium, it will be difficult to image the impact, until the entire lot is in. Mayor questioned if the lighting when installed met the requirements of the City. Director of Planning & Building stated that it did at that time; that now there are computer enhancements that can be done to project how lighting will be when finished; and that technology has changed since the lot was put in. Mayor stated that there has been alot of changes to the: Mall and questioned if standards are met. Director of Planning & Building stated that lighting is a separate Code; but that the lighting is not in conformity with today standards. Mayor requested Ralph Raya, Planning Commissioner, to explain the differences between the different types of lighting. Planning Commissioner stated that in accordance with the zoning code the lighting ratio should be 4:1; that the ratio addressed the evenness of the light; that a ratio of 1:1 indicates a perfectly even lighting presentation with no deviation between the average light and the minimum light; and reviewed lighting in various parking lots ' throughout the City; that the goal of the Commission is to allow even lighting in the parking lots; that the eye should be able to adjust when in the parking lots; that currently the stores at the Mall have mounted flood lights in various locations to allow the patron to feel safer; that the Planning Commission does not want to create harsh lighting throughout the City and would, in fact, like to see the Ordinance relaxed. Councilmember Oden stated that some commercial properties or corporations set its own lighting standards, and questioned how that rate of illumination is determined. Planning Commissioner stated that in any market area, stores compete; that the customer will gravitate towards an area that feels safe and secure; that the: lighting in the parking lots is used to market the store; that most customers will go to well lit parking lots; that insurance companies consider the lighting in its rates;; that if an entry way is not well lit the result is increased trip and falls, (people getting hit and the like; and that illumines is how much light is put out and reflected which creates the foot-candle. Mayor questioned if the Planning Commission endorsed the drawings at the meeting. Director of Planning & Building affirmed. Councilmember Reller-Spurgin questioned if there had been complaints regarding safety concerns for the Mall. Police Chief stated that none had been received personally, nor was he aware of any complaints to the department. Mayor questioned stores placing floodlights at various locations. Council Minutes 02-02-00,Page 4 ' Director of Planning & Building stated that Code Enforcement is addressing the issue and some have been removed. Mayor questioned the validity of a field test of different lamps. Director of Planning & Building stated that someone would have to pay for the tests; that Jack in the Box is a good example of Hi-pressure sodium. Planning Commissioner stated that at the Jack in the Box, metal halide was shipped to the store, that the hi-pressured sodium was later received and changed out. Councilmember Oden stated that he values technology and upgrading of equipment, but that the Mall needs to be examined in other ways; that there has been pressure put on the management; that the management has responded in positive ways; that the Council needs to support the struggle the Mall has had; that it is becoming a viable entity with its new anchors; that the situation needs to be viewed in context of what it has done; that rather than create a hardship, the Council should try to be more creative in dealing with the situation; that if there is a lighting problem, then we need to do what we can to assist them; that each situation needs to be examined; and that new technology may not always be business friendly. Councilmember Hodges stated that the Mall has stated that it would like to remain with the lighting program it has; that the merchants would be contacting the Mall management if the lighting was inadequate; and added that the Council has not ' received any complaints regarding lighting issues at the Mall. Councilmember Jones recommended that staff work with the Mall management regarding the floodlights on the mall buildings. Director of Planning & Building stated that the floodlight issue did arise at the Planning Commission meeting, but was not a part of the item before the Commission; that there have been requests to the Mall to tone down the floodlights; that Jack in the Box is now in full compliance with its metal halide lighting; that the position was made clear to Jack in the Box that two different types of lighting in the Mall parking lot would not be acceptable; that if the lighting is left as it is, there will be low lighting in the mall parking lot, with the Jack in the Box very well lit on one corner; and that the Jack in the Box management agreed to use what the Mall was proposing to use. Mayor stated that the floodlights on buildings is unacceptable; that a system should be put together to light the parking lot and remain in compliance with the applicable Codes. Councilmember Oden questioned if Jack in the Box used what the Mall had proposed. Director of Planning & Building stated that Jack in the Box was a new project; that it was asked to coordinate with the Mall regarding lighting, so that when it opened all lights in the lot would be the same; that the Planning Commission did approve the lights so that they would match. Councilmember Hodges questioned who directed the Mall to change. Council Minutes 02-02-00,Page 5 Director of Planning & Building stated that the Mall was requested to do a lighting , study and report back its proposal; that it did not do the study, but chose to go with the metal halide; that at the time the Planning Commission was working with Jack in the Box and instructed them to work with the Mall to coordinate the lighting; and that the goal was to have the same lighting throughout the parking i lot. Councilmember Reller-Spurgin questioned when Jack in the Box made the change. Councilmember Jones stated that the change was recent, and that Jack in the Box probably is still in possession of the other lamps, and could be asked to switch back to the hi-pressured sodium. Planning Commissioner stated that the intent of Jack in the Box was to use; 400 waft metal halide; that the Planning Commission recommended that instead it coordinate with the Mall; and that the Planning Commission did not want the corner over lit in comparison with the rest of the parking lot. Director of Planning & Building stated that three different resolutions have been ` prepared for Council consideration, upholding, overruling or modifying the: Planning Commission decision. Motion to overrule the Planning Commission decision with the Mall to retain its present lighting; for staff to work with the Mall management regarding the floodlight and for staff to work with Jack in the Box to switch its lamps was presented; after ; which it was moved by Jones, seconded by Hodges, and failed by the following vote: AYES: Jones and Hodges NO: Oden, Reller-Spurgin and Kleindienst Councilmember Oden stated that it is possible that the parking lot could have two different types of lighting. Director of Planning & Building stated that Jack in the Box does not have anything pending to require the change, but that staff could request it to consider changing its lighting back to what it originally had. Mayor stated that Jack in the Box has metal halide, but the rest of the parking lot has hi-pressured sodium. Councilmember Hodges stated that if the Planning Commission decision is upheld, the parking lot will be too bright. Councilmember Jones stated it is like Stater Brothers, the Ilighting can be seen 1/2 mile away. Planning Commissioner reviewed the difference between metal halide and hi- pressured sodium lighting; and added that the amber lighting is more friendly. Reller-Spurgin stated that Stater Brothers is in a commercial area; that the mall has residential right across the street and that the lighting that will be reflected must be considered for those residents. Council Minutes 02-02-00,Page 6 ' Planning Commissioner stated that there will be brighter light; that with just replacement of the lamps will create brighter lights based on the lamps being clean; that the light should not be highly reflective unless there is particulate matter in the air; and that lighting is softer with hi-sodium. Resolution 19734 Modifying Planning Commission decision to allow for hi-pressure Sodium was presented; after which, it was moved by Jones, seconded by Hodges and unanimously carried, that R19734 be adopted. PUBLIC COMMENTS: a) Comment regarding item 3; Charles Duke, attorney for Indian owners requested approval of the item with four conditions to be deleted, 2, 12A, 32 and 97. b) Comments regarding matters not on the agenda: John Connell, 1480 Via Miraleste, stated that the presentation to Ms. Barnes was overdue; that there are many activities that she has lead and brought to success; and added that Palm Springs is fortunate to have someone of her caliber in the City. Robin Waters, 42476 Bodie Road, stated that Wendy Busig-Kohn is a self- made billionaire that is active in global, regional and local issues; and is taking an active part in Palm Springs issues; and presented a plaque to her. Jimmy Greenspoon, 591 Belardo, reviewed the past achievements of Ms. Busig-Kohn and thanked all who have assisted her with various activities. Wendy Busig-Kohn, 591 Belardo, thanked the previous speakers; and added that the Council was overworked and underpaid; and that staff should check out events before bringing them to the Council for consideration. John Stiles, 2066 Tamarisk, stated that the Council had indicated a willingness to consider the BREP recommendations and stated that there are no funds being proposed in the upcoming budget to fulfill those recommendations and requested Council to consider placing the matter on a future agenda for discussion. Donny Frank presented two plaques, one for Darrell Meeks and one to Dick Sroda for being "City Watchers". Dick Sroda reviewed remarks concerning statements of Jeremy Crocker and added that there are few founding families left in the Community. Fred Ebeling stated that there are many in the Community that want Palm Springs to be ahead of the curve and presented Eric Meeks with a plaque. ' Eric Meeks, 1450 E. Mesquite, stated that the "Friends of Palm Springs" grew out of lack of recognition and stated that the plaques were a symbol of efforts made by them for the City. Council Minutes 02-02-00,Page 7 Ron Miller, 1750 Sharon, stated that his intentions are honorable; that in the ' past he has been told that he is too chummy with Commissioners and City Council and stated that his house should not be taken by eminent domain, because of someone's vengeance. 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. LEGISLATIVE ACTION: 2. ORDINANCES FOR SECOND READING &ADOPTION (Intro 1-19-00) City Clerk read Title of Ordinance 1579 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM R-2 (LIMITED MULTIPLE FAMILY RESIDENTIAL ZONE) TO PLANNED DEVELOPMENT DISTRICT 255 AT THE SOUTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL DRIVE, SECTION 2. Councilmember Jones stated conflict of interest due to prior election activity regarding the project. after which, it was moved by Hodges, seconded by Oden, that further reading be waived and that Ordinance 1579 be adopted. AYES: Hodges, Oden, Reller-Spurgin and Kleindienst NO: None ABSTAIN: Jones and; City Clerk read Title of Ordinance 1580 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP FROM W-R-1-A (WATERCOURSE WITH SINGLE: FAMILY RESIDENTIAL - 20,000 SO. FT. LOT SIZE) TO 0-20 (OPEN SPACE - 20 ACRES MINIMUM LOT SIZE) LOCATED IN SECTION 10. after which; it was moved by Oden, seconded by Reller-Spurgin, that further reading be waived and that Ordinance 1580 be adopted. AYES: Oden, Reller-Spurgin and Kleindienst NO: Jones and Hodges 3. Cs. 5.0816, PD256, JAMES McINTOSH-WALGREENS ' On January 19, 2000, Council directed resolutions to be prepared for denial of project. Director of Planning & Building reviewed the staff report, no further report was given. Council Minutes 02-02-00, Page 8 ' Resolution 19735 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Jones, and carried by the following vote that R19735 be adopted. AYES: Jones, Reller-Spurgin and Kleindienst NO: Hodges and Oden. The following item was moved from the Consent Agenda. 16, CENSUS 2000 COMMITTEE Recommendation: That the Council appoint a Census 2000 committee to increase community awareness, support and participation in Census 2000. Director of Planning & Building reviewed the staff report. Councilmember Oden stated that the makeup of the committee was good. Councilmember Reller-Spurgin concurred with Councilmember Oden. Mayor questioned if the groups on the recommendation were formed groups with by- laws and statues, and who would serve representing the Council. Director of Planning & Building stated that not all the groups were organized, but were networks that the City used for contact. Councilmember Reller-Spurgin stated that she would be willing to serve. Council concurred with Councilmember Reller-Spurgin serving as Council representative. Resolution 19736 appointing Census 2000 Committee as recommended was presented; after which, it was moved by Oden, seconded by Realer-Spurgin, and unanimously carried, that R19736 be adopted. ADDITIONAL LEGISLATIVE ITEMS: None. CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. Mayor stated that item 15 is a reimbursement agreement and that after the bridge is completed, the next priority in the CVAG Master Plan will be Indian Avenue and Palm Drive. 4. MO 6563 approving Amendment#1 to A4173 with Infotox for$3,717.50 for asbestos survey at 3709 El Dorado Blvd., CP98-05. 5. MO 6564 approving Change Order#1 to A4111 with Environmental Control for$19,200 for asbestos abatement and demolition at 3709 El Dorado Blvd., CP98-05. 6. MO 6565 approving Amendment#5 to A4089 with Interactive Design not to exceed $15,900 for architectural design for remodeling the Police Department basement. Council Minutes 02-02-00,Page 9 7. MO 6566 approving Amendment#9 to A3298 with Robert Bein, William Frost & ' Associates for$6,441 for Mid-Valley Parkway project, CP94-19. 8. MO 6567 approving Change Order#3 to A4090 with Tapuz Enterprises, Inc., for $45,424.22 for Mid-Valley Parkway Phase I, landscape improvements. 9. See item 9 below. 10. Res 19737 and 19738 amending the budget for a total of$249,135, to cover closeout costs of the Airport terminal expansion project. Kleindienst abstain-prior FPPC ruling- Airport Master Plan. 11. MO 6569 approving Change Order#2 to A4103 with E.L. Yeager Construction for Airport terminal parking apron project for$81,021.14. Kleindienst abstain-prior FPPC ruling- Airport Master Plan. 12. See item 12 below. 13. See item 13 below. 14. Res ---- adopting a joint resolution with the Agua Caliente Band of Cahuilla Indians recommending modification to the boundary map and text of the Santa Rosa and San Jacinto Mountains National Monument Act of 1999. Withdrawn. 15. MO 6570 approving reimbursement agreement with CVAG, County of Riverside, and the City of Desert Hot Springs for the design phase of the Gene Autry Trail/Palm Drive interchange at Interstate 10, not to exceed $1,524,000, all costs to be absorbed by CVAG. A4195. 16. See 16 above. 17. Res 19739 reaffirming the City Clerk's authority to accept Grants of Rights-of-Ways and easements required as a condition of building or planning process approval. 18. Res 19740 and 19741 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Hodges 950379 DWA Client of Employer 950407 G & M 950415 Granite 950531 Pref. Plumb Reller-Spurgin 950576 Spurgin Spouse Resolutions 19737 through 19741 and Minute Orders 6563 through 6570 were presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, Kleindienst abstained on item 10 and 11, that R19737-19641 and M06563-6570 be: adopted. EXTENDED CONSENT AGENDA: 9. MESQUITE AVENUE MEDIAN REDESIGN Recommendation: That the Council approve agreement with RGA Landscape Architects, Inc., for landscape architectural services for Mesquite Avenue median re- design for$26,500, CP95-38. A4194. Council Minutes 02-02-00,Page 10 ' This item was pulled for separate vote. Minute Order 6568 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and carried by the following vote that MO6568 be adopted. AYES: Jones, Oden and Reller-Spurgin NO: Hodges and Kleindienst. 12. SUPPORT OF PROPOSITIONS 12 AND 13: Recommendation: That the Council approve support of Propositions 12 and 13, the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 and Safe Drinking Water, Clean Water, Watershed Protection and Flood Protection Act, respectively. Councilmember Jones stated that this matter was written by the League; that the organization supports all increases and bond issues; that only one side of the picture is being shown; that currently two-thirds vote is needed to pass bonds and the like; that this is gutting Proposition 13; that the City's proposition for school's did pass with the needed votes; that this type of support could lead to double taxation, and those on fixed incomes and seniors will bear the brunt; that the school already gets 26% of the bond issue from 1993-94; that this is not proper for the City to support; that what ' this says is it is alright for another government body to have access to funds; that the problem in the schools is not with the money, but is social; and that this has nothing to do with the City and is out of its jurisdiction. City Manager stated that this is not an issue of money, but on what a vote is worth; that a no votes currently counts more than a yes vote; and that the citizens will vote for the propositions. Councilmember Jones stated that the reason the measure calls for two-thirds vote is fifty percent of the votes do not pay the tax. Councilmember Oden stated that the League of California Cities is requesting support or rejection of the recommendation and that the votes of the State will decide on the Propositions. Councilmember Jones stated that Proposition 218 passed locally by sixty-four percent and questioned if the Council supports these Measures, is that really representing the City. Councilmember Reller-Spurgin stated it is the voters that decided the issue. Resolution 19742 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and carried by the following vote that R19642 be adopted. ' AYES: Oden, Reller-Spurgin and Kleindienst NO: Jones and Hodges. Council Minutes 02-02-00,Page 11 13. SUPPORT OF PROPOSITION 26"LET'S FIX OUR SCHOOL." ' Recommendation: That the Council approve support of Proposition 26 the "Let's Fix Our Schools" initiative. Councilmember Jones stated this is a similar issue to Item 12; that the voters are being asked to support $4.7 billion dollars between the two measures; that our children and grandchildren will be paying for these actions; that the State claims'a surplus in its funds; that the surplus should be used to pay off the existing debt of'the State; and that the City should not support the issue. Resolution 19743 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: Oden, Reller.-Spurgin and Kleindienst NO: Jones and Hodges. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Councilmember Hodges requested a report regarding the number, the reason ' and proposed uses for vacant gas stations in the City. b) Mayor requested a report on the recent robberies occurring at liquor stores and whether the robberies were video taped. C) Councilmember Jones questioned if the letter from this: 300 block on North Palm Canyon regarding Bike Weekend had been addressed. City Manager stated that the purpose of the letter was to notify the Council of the concerns; and that the Director of Downtown Development was addressing the issues. PUBLIC reports or requests Dick Sroda, Palm Springs, requested staff use the internet in the future to track possible conflicts with possible promoters. Donny Frank, Palm Springs, requested the basis for jay walking tickets being issued. Fred Ebeling, Palm Springs, stated that it seems there are only two Councilmembers concerned with taxes; and added that the Council should represent the people of the City. Ron Miller, 1750 Sharon, stated that his property is being proposed for eminent ' domain; that it should not be that way; that the matter will go to Court; and that the Council should recommend a settlement and save the legal frees. Council Minutes 02-02-00,Page 12 ' STAFF reports or requests 19. Order of Agenda items Consensus of Council for the Consent Agenda to precede Public Hearings. ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. ,C. PATRICIA A. SANDERS/�1� City Clerk 1