HomeMy WebLinkAbout2000 - MINUTES - 10/4/2000CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
OCTOBER 4, 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, October 4, 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 Reverend
James G. Griffes — P.S. Presbyterian Church.
REPORT OF POSTING OF AGENDA: Assistant City Clerk reported that the agenda was
posted in accordance with Council procedures on September 29, 2000.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 7 of agenda this date.
PRESENTATIONS: PSHS Student Body Report
Proclamation — Crime Prevention Month '
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: - No Business
Adjourn as the Community Redevelopment Agency; remain in session as the City
Council.
PUBLIC COMMENTS:
a) Comments on Items 9 & 10:
Bill Emrich, 319 Arenas Rd., stated Arenas Road should be closed during the
Palm Spring Pride Festival as a safety and security issue.
Melinda Tremaglio, 1000 Palms resident, promoter/producer of Arenas Road
event, stated that the merchants have a right to close Arenas Road for an event if
they want to; and recommended approval.
James Harmon, 2122 Sahara Rd., recommended Arenas Road be closed for
safety, November 41h & 51h, 2000.
Jack Schloeder, 537 Grenfall Rd., President of Palm Springs Pride, stated that
the City sponsored event, Pride Parade and Festival, has grown too large to be
safe and comfortable at the Arenas Road location; and than Angel Stadium is self- I
contained, and an improved venue for the festival.
Council Minutes
10-04-00, Page 2
I
James Quinlan, 1039 Palm Canyon Dr., concurred with previous speakers and
recommended the street closure.
Joann Garcia -Colson, stated that to suggest that "thousands" of people will
converge on Arenas Rd., after the Pride Parade is nothing but a "red herring";
that "thousands of people" don't converge on any street in Palm Springs after any
event; that to suggest that closing the road is strictly for safety is just an effort to
legitimize a conflicting event and detract from the Palm Springs Pride Festival
and Parade.
Mark Hunter, owner of Hunter's Video Bar and Dance Club, recommended
closing the street.
Beverly Fortune, business owner on Arenas Rd., stated that security and extra
facilities after the Pride Parade are needed.
b) Comments on Item 18:
Debra DePratti — Vice -President, Development of Palm Springs Leisure
Properties, stated that she would be available for questions and recommended
approval.
' c) Comments on Item 19:
Michael Azeka, Seawest Windpower, stated that they have been good neighbors
since 1982 with projects pending before the City that were actually in County; that
they are taking steps to move from the County into the City of Palm Springs to
develop 4 new significant wind projects, 2 in the City and 2 in the County, with an
investment of $17M; that they are investing $2.5M for a new service and
management center in North Palm Springs; and that they are establishing a state
of the art computer center to create and manage computer systems to operate
almost 1000 wind turbines in the area; and asked that the Council consider these
facts when deciding what recommendation they make to the County of Riverside
regarding Item 19.
d) Comments on Item 21A:
Wally Rau, questioned when the Lundin Development issue would be heard.
Teri Conley, Cheeky Monkey, stated that there is no one to hear concerns; that
there are no options; and that no one is reviewing the proposed Lundin
Development; that Mr. Lundin will close down the existing businesses if the
development is approved, that the business will bankrupt; that locals and visitors
support the business; and that they want to stay in business in Palm Springs.
Council Minutes
10-04-00, Page 3
John Williams, 1197 N. Via Monte Vista, requested Council consideration of the I
affect the project will have on the businesses and the neighborhood.
Walter Vogel, 736 N. High Rd., stated approval of the Lundin Development will
cause the personal income of every merchant and employee to drop.
Ruth Anderson, Sun Clean Laundromat, stated her lease does not expire until
2006; and that there is concern for the businesses currently located in the center.
Lawrence Olson, Trustee for Jaynes Wood Trust, ground lessee at SmokeTree
Center; stated opposition to any new development for markets in the City; and
that there is a petition, copy on file in the Office of the City Clerk, requesting
retention of Ralph's in the SmokeTree Center
Greg Weaver, stated the developer has responded to concerns of the Council;
that a covenant to operate Ralph's was set in place, backed up by a $1 M bond;
that discussions have been held with present tenants; that the development is
running out of time and needs to close on this property by the end of the year;
that there is no time for an EIR; and urged the issue come; back to Council after
design review committee makes its recommendations.
Dawn Henton, Log -on Computer Rental, requested Council consideration of
impact of possible relocation of the SmokeTree Ralph's Market. '
Scott Kennedy, Palm Springs resident, stated Council should consider public
opinion; and added he only shops at the Frey Building.
e) The following Comments were on matters not on the Agenda:
Kathleen DeRosa, Cathedral City, representative of SCE, stated the residents of
Palm Springs should know SCE is committed to protect their customers from rate
shock; that work has begun with other electric generators; that it is hoped the rate
increases will remain moderate; and that SCE is committed to finding long term
answers to the higher rates.
Charles Scharples, Cathedral City, stated the raid on Hunters Bar hurts the
tourism trade and reduces the revenue to the City.
Tim Forrester, Cathedral City, stated Hunters Bar did not get a report regarding
the fruit fly issue; and added that the officers found no underage customers.
Paul Washington, questioned why the Police stood outside for 45 minutes before
conducting their raid; and added that the customers will not accept harassment.
Ronald Palfrey,
2085
Pebble Beach, stated
that
the
residents request
an
opportunity to
present
additional information
to
the
Council regarding
the
'
Council Minutes
10-04-00, Page 4
' Municipal Course; and added that consideration should be given to the residents
and taxpayers who use this course.
Marilyn Palfrey, 2085 Pebble Beach, stated there has been no notification of a
rate raise; that due to costs, tournaments are not held at Tahquitz Creek; that
Woodhaven gave them a rate of 30% less than Tahquitz Creek; and added that
Tahquitz Creek will not negotiate.
Larry Iverson, 112 Calle Verde, stated that there is a problem getting tee times;
calls up to 14 days in advance for tee times must be made; residency cards are
less in Palm Desert and Indian Wells; and that the Arnold Palmer Management
give the tee times for Palm Springs residents to others who call in from other
cities.
Jerry Betz, 2108 Pebble Beach, stated that the Council has lost sight of what is
going on at Tahquitz Creek Golf Course; that residents are shut out of the golf
course; and recommends the issue be scheduled for discussion at a study
session.
Betty Beadley, Palm Springs resident, requested funding of the Mizell Senior
Center; and submitted a resolution of the Board of Directors requesting $52,000,
and seeking a commitment for future funding of $128,000.
' Frank Tysen, Palm Springs resident, stated the golf rates should be discussed at
a study session; and added that the City must stop being so business friendly to
the developers and consider the residents concerns.
APPROVAL OF CONSENT AGENDA: Items 1 thru 12. — Except Items 1 & 10
It was moved by Oden, seconded by Reller-Spurgin, and unanimously carried,
that Items 2 thru 12, excluding items 1 & 10, be adopted.
CONSENT AGENDA:
Approval of Minutes of September 6, 2000. — Postponed.
MO 6720 approving Change Order #2 to A4073 with Granite Construction as final
change order for $38,388.63, total contract amount $1,421,543.63. Hodges
Abstain, Client of Employer.
MO 6721 approving an agreement with Coffman Associates for an Airport Master
Plan update project and related environmental documentation for $725,000.
A4284. Kleindienst Abstain, FPPC Prior Ruling re: Airport Master Plan
4. MO 6722 approving an agreement with Gensler for architectural design services
' for Airport temporary hold room replacement project for $32,000. A4280.
Council Minutes
10-04-00, Page 5
5. MO 6723 approving an agreement with RVC Roadway Construction, Inc., for
Palm Springs Youth Center parking lot improvements, a C:DBG funded project,
for$41,142.85, CP99-10. A4281.
6. MO 6724 approving an agreement with Professional Service Industries, Inc., for
materials testing, services and reports for the construction of improvements
related to the Mid Valley Parkway Phase III for $10,945, CP99-13. A4282.
7. MO 6725 approving an agreement with International Pavement Solutions, Inc.,
for the 1999/00 annual crack filling program for $87,240.00, CP00-12. A4283.
8, MO 6726 accepting right-of-way being dedicated from Vergil L and Vesta J.
Warden for public street right-of-way on Avenida Caballeros, Section 11, T4S,
R4E, R00-027.
9. MO 6727 approving City sponsorship of the Arenas Road Halloween costume
party on Tuesday, October 31, 2000; and Res 19912 temporarily suspending
certain regulatory Ordinances to facilitate same.
10. See Extended Consent Agenda below.
11. MO 6728 approving the purchase of fourteen Optiplex personal computers, two
printers, and one file server from Dell Computers through the State of California
CMAS Program for $26,695.
12. Res 19913 and 19914 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant # Payee Particular Nature of Conflict
Hodges
957267
957268
957298
957312
957400
Reller-Spurgin 957447
EXTENDED CONSENT AGENDA:
DWA Client of Employer
DWA
Chris Foster
Granite
Preferred Plumbing
Spurgin Spouse
10. Recommendation: That the Council approve City sponsorship of the Arenas
Road Block Party on Saturday and Sunday, November 4 and 5, 2000; and
temporarily suspend certain regulatory Ordinances to facilitate same.
Director of Facilities reviewed the staff report; no further report was given.
Council Minutes
10-04-00, Page 6
Councilmember Oden questioned if the City has ever sponsored competing
events or activities in the past.
Director of Facilities stated that the Palm Springs Bike Weekend was a similar
event, where everyone was pleased with the outcome.
Councilmember Hodges expressed concern regarding competing events; that
there is no problem with a street closure; but approval of a second City
sanctioned event is not appropriate.
Councilmember Hodges made a motion to authorize the Police Chief to close
Arenas Road on November 4 and 5, 2000, even though it is not a sanctioned
event.
Mayor stated the Police Chief already has the authority to close any street and
would oppose the motion on that basis.
Motion to authorize Police Chief to close Arenas Road Saturday and Sunday,
November 4 and 5, 2000, was presented, after which is was moved by Hodges,
seconded by Reller-Spurgin, and carried by the following vote:
AYES: Hodges, Jones, Oden, and Reller-Spurgin
NO: Mayor Kleindienst
' PUBLIC HEARINGS:
13. CLASS 1 DESIGNATION— HSPB 40 — EASMOR CIRCLE
Recommendation: That the Council designate the "tie down" on Easmor Circle
as a Class 1 Historic Site.
Director of Planning & Building reviewed the staff report; no further report was
given.
Mayor declared the hearing open.
Lois Payne, President of Local Chapter, Colonial Dames, requested approval and
added that planes manufactured on the west coast were stored on the site; and
that the Colonial Dames will provide the plaque.
Jane Brown, Treasurer of Local Chapter, Colonial Dames, requested approval
and added the site will be marked.
There being no further appearances, the hearing was closed.
1
Council Minutes
10-04-00, Page 7
Mayor stated that he had received a letter from Teri Woolston indicating a road
hazard between the asphalt and the concrete tie -down; and directed staff to
review the condition.
City Engineer stated staff would follow-up.
Resolution 19915 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Oden, and unanimously carried that R19915 be
adopted.
14. CLASS 1 DESIGNATION — HSPB 41 — O'DONNELL HOUSE
Recommendation: That the Council designate the O'Donnell House as a Class I
Historic Site, located above Museum Way.
Director of Planning & Building reviewed the staff report and added that the
house was built to reflect the design of the Desert Inn, and that the designation is
at the owners request.
Mayor declared the hearing open
Tracy Conrad, Willows, requested approval of the site
There being no further appearances; the hearing was closed. I
Councilmember Reller-Spurgin stated that it is good the owner requested the
designation.
Councilmember Hodges thanked Paul and Tracy Conrad, owners, for the Willows
Historic Site beautification.
Councilmember Oden concurred with Councilmember Hodges.
Resolution 19916 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Hodges, and unanimously carried, that IR19916 be
adopted.
15. ZONING ORDINANCE AMENDMENTS (Intro & first reading)
On September 20, 2000 Council continued this matter regarding amending the
Zoning Ordinance in regard to outdoor lighting regulations, the height of
commercial wind energy conversion systems, motorcycle rental in the C1 zone,
subject to a conditional use permit, rate sign regulations, day spa regulations,
and non -substantive miscellaneous amendments to promote clarity.
Director of Planning & Building reviewed the staff report and stated that: minor text '
changes have been made to the ordinance, as first read; that copies of same
Council Minutes
10-04-00, Page 8
' have been passed out to the Council; that these amendments to the text concern
the Day Spas, Motorcycle Rental in C1, and the Outdoor Lighting Standards; and
added staff would incorporate them into the Ordinance for second reading.
Mayor declared the hearing open.
Stan Finn, La Quinta, Desert Massage, Desert Isle Hotel, requested approval of
the revised Ordinance.
Joe Bundura, 19345 N. Indian, requested support of ordinance regarding the
rental of motorcycles.
Michael Azeka, Seawest Windpower, recommended approval of the Ordinance.
There being no further appearances; the hearing was closed.
Councilmember Hodges expressed appreciation for the work on the Ordinance;
and added discussing the issues at the study session was beneficial.
Councilmember Reller-Spurgin stated that she would have to abstain on this
issue, as her spouse provides massage at his office.
Councilmember Jones stated opposition to the proposed height of windmills.
' Assistant City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING
THE ZONING ORDINANCE IN REGARD TO OUTDOOR LIGHTING
REGULATIONS, THE HEIGHT OF COMMERCIAL WIND ENERGY
CONVERSION SYSTEMS, MOTORCYCLE RENTAL IN THE C1 ZONING
DISTRICT SUBJECT TO A CONDITIONAL USE PERMIT, RATE SIGN
REGULATIONS, DAY SPA REGULATIONS, AND NON -SUBSTANTIVE
MISCELLANEOUS AMENDMENTS TO PROMOTE CLARITY
after which, it was moved by Hodges, seconded by Oden, and unanimously
carried, Reller-Spurgin abstaining, that further reading be waived; and it was
further moved by Hodges, seconded by Oden, and carried by the following vote
that the Ordinance be introduced for first reading.
AYES: Hodges, Oden, and Mayor Kleindienst
NO: Jones
ABSTAIN: Reller-Spurgin
Council Minutes
10-04-00, Page 9
16. TTM 29632, Cs5.0845, PDD 262 — BERGHEER CORPORATION '
Recommendation: That the Council approve subdividing a 25.01 acre; site into a
forty-eight lot residential subdivision, located on Acanto Drive, east of South Palm
Canyon, SP-1 Zone, Section 35.
Director of Planning and Building reviewed the staff report, explained the site
maps on the board, and passed out handouts to the Council regarding mitigation
issues.
Councilmember Hodges stated that she will abstain on this issue, not for legal
reasons, but due to an appearance of conflict.
Mayor declared the hearing open.
Alan Sanborn, 1227 S. Gene Autry Trail, project architect representing the
developer; expressed compliments to staff, Design Review Board, Planning
Commission and the City Engineer for working as a team throughout this
process; and added the developer does not agree with some of the concerns; but
to maintain the natural surroundings, $600 per acre to Friends of the Desert will
be donated.
There being no further appearances; the hearing was closed.
Mayor questioned what the developer's contribution to the Fire Station site would '
be, and where the Station will be located.
Director of Planning & Building stated that the developer will contribute; $1600 per
dwelling unit; and that the location for Fire Station 6 is yet to be determined.
Mayor questioned the location of the lateral for the sanitary sewer and who has
the responsibility to maintain.
City Engineer stated they are maintained by the City.
Resolution 19917, as recommended, was presented, after which it was moved by
Reller-Spurgin, seconded by Oden, Hodges abstaining, that R19917 be adopted.
17. BIENNIAL CONFLICT OF INTEREST CODE —AMENDMENTS
Recommendation: That the Council receive for filing, biennial reports required by
the Government Code concerning status of department/commission conflict of
interest codes; and approve amended codes for specified departments.
City Manager reviewed the staff report; no further report was given.
F
Council Minutes
10-04-00, Page 10
Assistant City Clerk stated that all departments and Boards and Commissions are
' in compliance.
Mayor declared the hearing open; there being no appearances, the hearing was
closed.
Minute Order 6729 as recommended was presented; after which, it was moved
by Reller-Spurgin, seconded by Hodges, and unanimously carried, that MO6729
be adopted.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
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:
18, CS 5.0666 PD231 — D.T. PALM SPRINGS INTER -CONTINENTAL GOLF
CENTER ENTERPRISES
Recommendation: That the Council approve the fifth 12-month time extension
from October 19, 2000 to October 19, 2001 for PD231 and the third time
extension of TTM28033, subject to original conditions of approval, located at the
southeast corner of Vista Chino and Gene Autry Trail, M-1-P and 0-5 zones,
Section 7 and 18.
City Manager reviewed staff report; no further report was given.
Councilmember Oden stated that the last time the issuance of an extension on
this property came before the Council, it was clear there would be no more
extensions; that steps have been made since that time and that a 12-month
extension could be supported.
Councilmember Reller-Spurgin stated that she has met with the developer and
staff several times; and added that the team is working together now.
Mayor stated there have been 4 time extensions thus far, and recommended a 6-
month extension.
William Tuchscher, CEO, Palm Springs Leisure, stated the comments and
concerns of the Council are understood; and requested the full year extension.
Councilmember Hodges expressed support of the project; that a 6-month
' extension will keep the project going; and added that another extension could be
granted if necessary.
Council Minutes
10-04-00, Page 11
R19918 was presented, as revised to 6 months; after which, it was moved by I
Kleindienst, seconded by Hodges, and carried by the following vote:
AYES: Hodges, Jones, and Mayor Kleindienst
NO: Oden and Reller-Spurgin
19. CS.20.146 MOUNTAIN VIEW POWER PARTNERS LLC and CS.20.151
SEAWEST WINDPOWER INC.
Recommendation: That the Council present comments to the County of
Riverside Board of Supervisors regarding amended applications and recommend
that the projects be redesigned to meet the required City scenic setback of 1,315
feet along Interstate 10.
Director of Planning & Building reviewed the staff report; no further report was
given.
Councilmember Hodges stated opposition to more windmills and recommended
denial.
Mayor stated that the Council has been consistent on issues regarding wind '
energy; that while the Council is supportive of clean energy, the issue is the
visual impact on hillsides; that view of the valley should be unobstructed; that this
Council and previous councils have always been very opposed to visual blight
and that it is deemed unacceptable and an extreme detriment, not only to Palm
Springs, but to the whole Coachella Valley.
Resolution 19919, as recommended, was presented, after which, it was moved
by Oden, seconded by Jones, and unanimously carried, that R19919 be adopted.
20. FRINGE —TOED LIZARD
Recommendation: That the Council approve a Memorandum of Understanding
between Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio,
LaQuinta, Palm Desert, Palm Springs, Rancho Mirage, Coachella Valley
Association of Governments, California Department of Fish and Game, the US
Fish and Wildlife Service, and Center for Natural Lands Management regarding
measure to minimize and mitigate take of the Coachella Valley Fringe -Toed
Lizard; and establish a $600/acre Fringe -Toed Lizard Mitigation Fee thereto.
City Manager reviewed staff report, no further report was given.
Mayor questioned how TUMF fees could be used for the habitat mitigation.
L
Council Minutes
10-04-00, Page 12
City Attorney assured Council that this issue has been raised with legal counsel
to CVAG; that discussions are ongoing; and they will continue to monitor how this
is to be resolved.
Mayor questioned if all cities in Coachella Valley listed on the MOU will be
charging these fees.
Councilmember Hodges stated that the City of Coachella is the only city not
affected by this; that the money from the.TUMF fees is only a loan, so if the $2
million dollars has not been collected by the 2-year period, they will continue to
collect fees and pay back the TUMF loans.
MO 6730 approving MOU, and Resolution 19920 establishing fees, as
recommended, were presented, after which, it was moved by Hodges, seconded
by Oden, and unanimously carried, that MO 6730 and R19919 be adopted.
21. ADDITIONAL LEGISLATIVE ITEMS (Satisfies agenda posting requirement;
materials provided at meeting).
Martin Communications Release and Settlement agreement.
City Manager withdrew the item.
21 a. TPM29683 — LUNDIN DEVELOPMENT
Council requested to reconsider the action taken on September 20, 2000 meeting
that denied Planned Development District 259 and Tentative Parcel Map 29638,
with conditions, for a proposed single -phased shopping center located on 9.9
acres at the northwest corner of Ramon Road and Sunrise Way, CA zone,
Section 14.
City Manager withdrew the item.
ADDED STARTER: Motion to add item for action, due to need arising subsequent to the
posting, was presented; after which, it was moved by Hodges, seconded by Oden, and
unanimously carried.
AS1. MO 6731 approving purchase and installation of baggage conveyor system in the
new ticket wing with Airline Baggage Handling, Inc., in an amount not to exceed
$135,000 was presented; after which, it was moved by Hodges, seconded by
Reller-Spurgin, and unanimously carried, that MO 6731 be adopted.
Council Minutes
] 0-04-00, Page 13
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
22. Appointment — Human & Community Resources Committee (CVAG) -
Councilmember Jones
PUBLIC reports or requests - None
STAFF reports or requests - None
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
BARBARA J. WHITE
Assistant City Clerk