HomeMy WebLinkAbout2000 - MINUTES - 3/15/2000 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
MARCH 15, 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'Tahrluitz Canyon Way, on
Wednesday, March 15, 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 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 March 10, 2000.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 4 of agenda this date.
PRESENTATIONS: Positive Alternatives for Youth
Police Department
Valley Promise
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY - No Business
PUBLIC COMMENTS:
a) Comments regarding item 12:
Jim Barrial, Parks & Recreation Commission, stalled that it has been a
long haul to get the Measure passed by the voters; that there is a lot of
work to be done in the parks; that infrastructure is needed; that the people
have spoken; and recommended approval of the itemm.
Grace Jablow, 1340 Prima Vera, expressed appreciation at her
appointment to the Parks & Recreation Commission and added, as
Chairperson for Yes on Measure Y, the Parks & Recreation Measure, this
is what the people want; that $400,000 should be; set aside for Parks,
Recreation and Library use and urged the Council to pass the proposed
Resolution.
Shelly Saunders, Parks & Recreation Commissioner, urged support of
item 12 and added that the funding will be a benefit for all residents.
Henry Weiss, resident for 23 years, stated that he had served on the Yes '
on Measure Y Committee; and urged Council to complete the task by
approving item 12.
Council Minutes
3-15-00,Page 2
b) Comments on Matters not on the agenda.
AI Riechle read a prepared statement, on file in the Office of the City
Clerk, regarding possible savings to Fire Department costs by changing
to a 72-hour workweek.
Bob Seale, Palm Springs Neighborhood Alliance, stated that public
welfare and safety is being compromised by the placing of padlocks on
the access to the dam area; that emergency vehicles will not be able to
respond to the area; and that the City Attorney should address the legal
liability for the City; and submitted photos indicating the chains and locks
on the gated access.
Wendie Busig-Kohn read a prepared statement, copy on file in Office of
the City Clerk, regarding First Amendment rights; and complimented the
stand the Human Rights Commission takes against all discrimination.
David Christian, 15 Palomino, stated that the Desert Walk is a needed
project for the downtown corridor; that there is a lot of success in the one
block area of Palm Canyon; that the project is needed and deserving of
Council support.
Bob Garner, Rancho Mirage, requested consideration of a name change
of the Palm Springs International Airport to the Sonny Bono Airport; and
added that the City should show some type of honor to the former
Congressman.
Harold Baumea, Palm Springs, stated that the giving of parking citations
on VillageFest night should not be done; and requested review of the
policy.
Howard Lapham, Palm Springs, stated that there seems to be a
movement to prohibit growth in the City; that this same type of thing
happened in Palm Springs past and the focus of retail shifted to the
middle of the valley; that if development is prohibited in the City, the
citizens will need to increase revenue to the General Fund in some other
way, or decrease its wants; and submitted a Desert Sun article dated
August 5, 1995, as on file in the Office of the City Clerk.
Mayor requested the Fire Chief respond to the possible public safety issue
concerning Mountain Falls, i.e. access to the dam area.
Fire Chief stated that chains on gates do not prohibit Fire Trucks from accessing
areas; that while it may not be the best idea to lock them with padlocks, the
access is not impeded; that there are usually other accesses to property; and
that the concern will be followed up and corrected if needed.
Council Minutes
3.15-00, Page 3
APPROVAL OF CONSENT AGENDA: Items 1 thru 8.
CONSENT AGENDA: ,
The following items are of a routine nature, and may be approved by one blanket motion,
upon unanimous consent. Clarification questions may be asked prior to voting, and
matters need not be voted upon separately. (Note: Contract .:amounts in excess of
$50,000 require minimum of 3 affirmative votes.)
Councilmember Reller-Spurgin questioned why the Interim City Manager :signed a
document dated October 21, 1999, when a City Manager was in place.
Interim City Manager stated that the document was executed after,the City Manager had
left and that the request is for ratification of the expenditure.
1. Approval of Minutes of February 16, 2000.
2. MO 6585 approving agreement with John R. Trueblood architect, for remodeling
of airport terminal main lobby restrooms for$11,820. A4205.
3. MO 6586 approving change order #2 with James E. Simon, Co., for final close
out of airport ticket wing project for $22,311.67. A4062. K leindienst abstain due
to prior FPPC Airport Master Plan ruling.
4. MO 6587 ratifying emergency main pump replacement with related repairs for the
1992 Beck Fire truck with Pierce Manufacturing, Inc., for$40,210.05. '
5. MO 6588 approving agreement with 4-Con Engineering Inc., Schedules A & B.
for the Heritage Trail Bikeway and missing gaps sidewalks projects for
$873,781.35, CP93-49. A4206.
6. MO 6589 approving consent to assignment and acceptance agreement between
Eugene N. Whitworth and Richard Heckmann and Mary Heckmann, for hangar
and property located at 3200 Aviation Way. A3978 Kleindienst abstain due to
Client of business.
7. MO 6590 approving agreement with Tom Dodson & ASS'Dciates to prepare an
environmental assessment for property located at 123 N. Palm Canyon, Desert
Fashion Plaza, for $7,500. Costs to be reimbursed by Excel Legacy Corp.
A4207.
8. Res 19759 and 19760 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Hodges 951548 DWA Client of Employer
951549
951576 Chris Foster '
951579 G & M Const
951587 Granite Const
951686 Pref. Plumb
Reller-Spurgin 951733 Spurgin Spouse
951852
Council Minutes
3-15-00,Page 4
It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried,
that Items 1 though 8 be adopted.
EXTENDED CONSENT AGENDA: None.
PUBLIC HEARINGS:
9. TPM29450-LOWE'S HOME IMPROVEMENT WAREHOUSE
Recommendation: That the Council approve Tentative Parcel Map 29450,
subject to conditions, for the subdivision of approximately 38 acres for Phase I
development of a 176,519 sq. ft. building, on 13.33 acres of the project site,
located on the south side of Ramon Road, between Gene Autry Trail and San
Luis Rey Drive, M-1 zone, Section 26; and approve issuance of a mitigated
negative declaration.
City Manager requested that the Hearing be opened and continued to April 5,
2000.
Director of Planning & Building reviewed the staff report, and recommended the
Hearing be opened and continued to April 5, 2000.
Mayor declared the Hearing opened.
Margo Williams, Mainiero, Smith & Associates, stated their request on behalf of
the applicant was to continue the hearing to April 5, 2000.
Motion to continue the hearing wag presented; after which, it was moved by
Reller-Spurgin, seconded by Oden, and unanimously carried, that the hearing be
continued to April 5, 2000.
10. TPM28236-RON WILLIAMS
Recommendation: That the Council approve Tentative Parcel Map 28236,
subject to conditions, allowing the current three parcel, 2.8 acres, to be
subdivided into 6 parcels.
Director of Planning & Building reviewed the staff report and reviewed visual aids
concerning the project.
Mayor declared the hearing open, there being no appearances the hearing was
closed.
Mayor Kleindienst stated that he is pleased to see staff and Planning
Commission working to facilitate the owner's request and recommended
approval.
Resolution 19761 as recommended was presented; after which, it was moved by
Hodges, seconded by Reller-Spurgin, and unanimously carried that R19761 be
adopted.
Council Minutes
3-15-00,Page 5
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
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.
Consensus of Council to revisit policy of parking on VillageFest night.
LEGISLATIVE ACTION:
11. MUNICIPAL CODE AMENDMENT— SKATEBOARDS/ROLLER SKATES;
Recommendation: That the Council amend Sections 12.64.100 and 12.64.110 of
the Palm Springs Municipal Code, regulating the use of skateboards and roller
skates on City streets and sidewalks.
Police Chief reviewed the staff report and added that the activity does need to be
controlled; and that the addition of the skate park will decrease activity in
prohibited areas.
Councilmember Hodges questioned if the Ordinance should include other sites
such as the Library Center and various shopping areas.
Police Chief stated that the Ordinance should be sufficient in the interim and if
not the matter can be brought back for Council consideration. '
Councilmember Oden stated that it is important to get the skate park project
going for the young people of Palm Springs; to support the activity in a :safe and
desired environment.
City Clerk read Title of Ordinance for first reading and introduction as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 12.64.100 AND 12.64.110 OF THE PALM SPRINGS
MUNICIPAL CODE, REGULATING THE USE OF SKATEBOARDS AND
ROLLER SKATES ON CITY STREET AND SIDEWALKS.
after which; it was moved by Reller-Spurgin, seconded by Oden, and carried
unanimously, that the further reading be waived and the Ordinance be introduced
for first reading.
12. UTILITY USER TAX
Recommendation: That the Council direct that the Utility Users Tax be collected
at the rate of 5%, effective with the first full billing cycle after June 30, 2000.
Director of Finance & Treasurer reviewed the staff report and read text of
Measure Y. '
Councilmember Reller-Spurgin questioned the process for those needing public
assistance to gain exemption.
Council Minutes
3-15-00, Page 6
Director of Finance & Treasurer stated that there are two ways; that forms can be
filed with the utilities to gain not only a discount, but also exemption or forms
could be filed with the City to be exempt from the Utility User Tax.
Mayor Kleindienst stated that originally this tax was 5%; that the Council did
lower it to 4 '/2%; that the voters have requested that the tax be raised back to
5% to support parks, recreation and the library; that there are some expenditures
recommended in the report that should be reconsidered, such as the approval of
a new parking lot for the Library Center; that parking lots have historically been
part of the capital improvement process, the same with the mechanical
enhancements for the pool center; that there may be some way to use the
process to bond for these types of improvements and that the discussion for such
type of funding should be discussed with the Council.
Director of Finance & Treasurer stated that a 30-year bond for about $1.5 million
would cost approximately $100,000 per year.
Mayor Kleindienst stated as part of the overall program the Council may wish to
set aside a portion of the percentage to allow for bonding debt to increase
funding for large capital improvement projects.
City Manager stated that the Parks & Recreation Commission did look at that
option; that there are a lot of deferred programs that need immediate attention
and that an outline could be prepared for Council consideration of the benefits of
a bond issue.
Mayor suggested language be added to the resolution requesting further
investigation into the bond aspect.
Councilmember Oden stated that the language would not be needed in the
Resolution, and that direction could be given to staff.
Councilmember Hodges stated that if the language were added to the Resolution
it would be like a commitment on the part of the Council and at this time it is not
sure that it is the direction of the Council and added that passage of the
proposed Resolution was endorsed by a vote of the people.
Councilmember Jones stated that the idea of bonding may have merit, and staff
could review it.
City Manager stated that staff and the Parks & Recreation Commission would
review the use of funds and determine a long-range plan, including a "pay as you
go" plan, which will be brought to Council as part of the budget review process.
Resolution 19762 as recommended was presented; after which, it was moved by
Jones, seconded by Oden, and unanimously carried, that R19762 be adopted.
Council Minutes
3-15-00,Page 7
13. PALM SPRINGS OPERA GUILD '
Recommendation: That the Council approve the waiver of fees for the Palm
Springs Opera Guild's use of Sunrise Plaza for it's "Opera in the Park 2000", not
to exceed $845.
Recreation Manager reviewed the staff report, no further report was given.
Mayor Kleindienst stated that the timing for the sprinkler system should be
reviewed in conjunction with the timing of the concert.
Minute Order 6591 as recommended was presented; after which, it was moved
by Kleindienst, seconded by Reller-Spurgin, and unanimously carried that
M06591 be adopted.
14. ADDITIONAL LEGISLATIVE ITEMS: None.
ADDED STARTERS: None.
REPORTS & REQUESTS:
DEPARTMENT reports or requests
15. Treasurer's Investment Report-January 31, 2000-Received & Filed
16. 2000 Board & Commission Vacancies-Reported openings '
CITY COUNCIL reports or requests-None
PUBLIC reports or requests
Jim Barrial expressed appreciation for approval item 12.
STAFF reports or requests-None
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk