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HomeMy WebLinkAbout2/19/2014 - STAFF REPORTS - 3.A. Frances M.from Palm Springs Goff Clubih ago Mr.Thompson,Thank you for the informative posting,and sharing the city of Palm Springs proposed ordinance.I am delighted to see that the homeless population is being considered for getting the services that many so desperately need.Statistically,the majority of the homeless population suffer from some sort of mental illness.Something that most people are not aware of.Many do not have drug& alcohol problems as the stigmatism coupled with being homeless indicates.A vast majority of these people simply do not have anywhere to go due to their families exhausted efforts to assist them,and institutions not having the resources to care for them.Many are not employable,yet do not meet the requirements to establish any social assistance.I hope that the community takes notice of your posting, and reconsiders the plight these individuals deal with everyday.Thank You. r—� 0 ip f1 C W Ivd+1IDA-k z 3 -A - 4�Lji9f/Y DENNIS WOODS 2490 N.Janis Drive Palm Springs,CA 92262 Dennis.L.Woods@gmail.com February 18, 2014 Palm Springs City Council 3200 East Tahquitz Canyon Way Palm Springs, California 92262 Re: February 19, 2014 City Council agenda item no. 3.A. Proposed ordinance amending the Palm Springs municipal code pertaining to sitting or lying on sidewalks in downtown Palm Springs Dear Mayor and City Council Members; This letter is a request to amend the proposed ordinance pertaining to sitting or lying on sidewalks in downtown Palm Springs to include the area between Vista Chino and West Cabrillo Road along N. Palm Canyon Drive. This request is consistent with the following General Plan goals and policies: Goal CR-5 Provide improved mobility for City residents to access local services. Policy CR5.6 Integrate sidewalks with the City's circulation system to connect residents to transit facilities. GOAL CR7: Create a pedestrian experience that is attractive to both residents and visitors. Policy CR7.1 Provide barrier-free accessibility for all handicapped residents, employees and visitors, including special designs for rural street profiles to accommodate ADA- required path of travel separation from vehicular lanes. Policy CR7.4 Provide a welcoming atmosphere for visitors by providing easy access, parking, and pedestrian facilities Downtown. Policy CR7.8 Improve pedestrian links from surroundings residential areas to commercial areas and Downtown. Policy CR7.9 Establish roadway designs—width, sidewalks, parking, landscaping, etc.—that complement the community character and contribute to the livability of neighborhoods and commercial districts. The Circulation Element of the General Plan reads: ....... In areas where pedestrian facilities are present,people will be much more likely to make short trips by walking instead of by automobile. Pedestrian walkways help to link educational 621 i ct I Z0 y TCnA 3 .4. February 18,2014 Page 2 of 3 3.A.Proposed ordinance amending the Palm Springs municipal code pertaining to sitting or lying on sidewalks in downtown Palm Springs facilities to City parks, and can help create a critical lifeline between the retail shops Downtown and the City's resort amenities such as the Convention Center,casino,and hotels. The term downtown is loosely and inconsistently defined in the General Plan, the Downtown Urban Design Plan, and the proposed ordinance before you. The Downtown Urban Design Plan identifies the northern border of downtown as Alejo Rd.yet the proposed ordinance before you refers to the northern border as Vista Chino. As you likely know there are many business existing in the area between Vista Chino and West Cabrillo Road that are being renovated including hotels.These businesses will draw tourist some who will rely on transit, foot, or bicycle to get to and from the activity nodes throughout Palm Springs as well as patronizing the local businesses in this area. Please consider the following arguments to expand the area north to West Cabrillo Road: 1. The businesses between Vista Chino and West Cabrillo Road are similar to businesses south of Vista Chino. 2. The businesses between Vista Chino and West Cabrillo Road rely on non-motorized forms of transportation including walking for financial success. 3. Pedestrian traffic exists between Vista Chino and West Cabrillo Road. 4. Transit stops are located in the area between Vista Chino and West Cabrillo Road. S. The sidewalks south of vista Chino in many areas is relatively wide compared to the sidewalk widths north of Vista Chino creating a hindrance to pedestrian passage and a need to extend the northern boundaries of the ordinance to West Cabrillo Road for health and safety reasons. 6. The sidewalks north of Vista Chino in many cases barely meet ADA requirements and have palm trees and other obstacles further limiting pedestrian access. 7. The area is commercial and pedestrian access is supported by the General Plan. 8. People are seen lying and sitting on the limited width sidewalks north of Vista Chino creating a safety hazard. 9. Be it one (1) pedestrian or twenty (20) pedestrians in the area between Vista Chino and West Cabrillo Road,a single person blocking February 18,2014 Page 3 of 3 3.A. Proposed ordinance amending the Palm Springs municipal code pertaining to sitting or lying on sidewalks in downtown Palm Springs passage is a health and safety concern especially with limited sidewalk width. 10.The area is being intensified with pedestrian oriented businesses such as hotels, retail, and entertainment 11.The area is known for illegal activity and loitering accentuating the need for intervention. With this in mind, I respectfully request that you expand the northern border outlined in the proposed ordinance area to West Cabrillo Road. Cordially, vmot& Z. Z O&* Jay Thompson From: Barb Kaplan <barb_kaplan@hotmail.com> Sent: Tuesday, February 18, 2014 3:06 PM To: Jay Thompson Subject: RE: Neighborhood Homeless Boundaries Thanks but no question in my mind that the restrictions should be Ramon to Racquet Club... Subject: RE: Neighborhood Homeless Boundaries Date: Tue, 18 Feb 2014 15:04:13-0800 From: Jay.Thompson@palmsprines-ca.Qov To: barb kaplan@hotmail.com Thank you. I apologize about the attachment. J From: Barb Kaplan fmailto:barb kaplan@hotmail.com] Sent: Tuesday, February 18, 2014 12:03 PM To: ]ay Thompson Subject: RE: Neighborhood Homeless Boundaries https://snt145.mai1.Iive.com/defau It.aspx?id=64855#!/mail/InboxLight.aspx?n=529679199&fid=1&mid=ece7b 4bb-98d0-11e3-a10b- 00237de461f4&fv=1!n=237847075&fid=&st=nextdoor%40nextdoor.com&mid=75c62e85-982b-11e3-b0ed- 00237de3f588&fv=1 Thanks Jay, BTW, your attachment didn't come through. Here's the link to the note that was posted on nextdoor.com Apparently a misquote of meeting time but the bottom line is that the residents of Chino Canyon between Vista Chino and Racquet would appreciate the same "sitting and lying" restrictions as the residents south of Vista Chino. I'd attend the meeting if I could but sadly have another commitment that I cannot change. And, as far as "sitting and lying' goes, all anyone has to do is check out the 7/11 on the corner of RC and PC in the mornings and see that we already have a problem which is getting worse. I'm probably the least political person I know but the problems of my neighborhood are getting my attention and I do hope that our city will respond. Best, Barb oz/i 9120l�� t 1 r -4 k3.A �Oiy,gue. Cana��s Subject: RE: Neighborhood Homeless Boundaries Date: Tue, 18 Feb 2014 11:39:51 -0800 From: Jay.Thompson@palmsprinas-ca.sov To: Lee.Bonno@palmsprinesca.aov: barb kaplan@hotmail.com CC: Terri.Milton@palmsprings-ca.Rov Mrs. Kaplan, Thank you for your note, Lee Bonno forwarded it to me for review and response. If you still have the e-mail message from your neighborhood organization could you please forward it to me for review, I believe it to be inaccurate. First, the City Council meeting on Wed. starts at 6:00 p.m. not 5:00 p.m. as you indicated in your email. The proposed ordinance on the City Council agenda does not prohibit the un-housed population to "hang out" in the Downtown and Uptown area of Palm Springs. The proposed Ordinance prohibits sitting and lying on public sidewalks in the Downtown and Uptown area. I have attached the staff report that explains the ordinance and along with the proposed text of the ordinance. Thank you, Jay. James Thompson CHIEF OF STAFF/CITY CLERK City of Palm Springs, California TEL(760)323-8204 From: Lee A. Bonno Sent: Tuesday, February 18, 2014 7:47 AM To: 'Barb Kaplan' Cc: Jay Thompson; Terri Milton Subject: RE: Neighborhood Homeless Boundaries Thank you for your email, Barb. I'm copying it to our Chief of Staff/City Clerk Jay Thompson. Regards, Lee Lee Bonno Director of Neighborhood and Community Relations City of Palm Springs 3200 E. Tahquitr Canyon Way Palm Springs, Ca. 92262 760-323-8255 Please note that City hall hours are from 8 a.m.to 6 p.m Mon.-Tkurs.and closed on Fridays From: Barb Kaplan [mailto:barb kaplanCalhotmail.com] Sent: Monday, February 17, 2014 3:55 PM To: Lee A. Bonno Subject: Neighborhood Homeless Boundaries Dear Lee Bonno, Hope we're reaching the right person and if not please pass this message along to the appropriate party. We just received an email from our neighborhood association that there is a Wed. 5 PM meeting at City Hall to 2 discuss a new law which will not allow the homeless to hang out on Palm Canyon between Ramon and Vista Chino which will effectively push them right into our neighborhood of Chino Canyon off Racquet Club and Palm Canyon. We can't attend the meeting due to another commitment but we really need to voice our opinion that the homeless drop off point be moved to Tramway and not allowed at Racquet Club. We've had more than our share of issues between that drug infested nightmare called The Bahamas and other transient based situations and we're all very concerned about our safety and our property values in our supposedly upscale neighborhood. Please follow through for us and keep us informed, Best, Barb and Jeff Kaplan 2490 Cardillo Ave. Palm Springs CA 92262 916 716 6786 3 ;Ot p Pt M$0R �2 c V N W col/FORNXV, City Council Staff Report DATE: February 19, 2014 LEGISLATIVE SUBJECT: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING SECTION 12.12.050 OF, AND ADDING SECTION 12.12.055 TO, THE PALM SPRINGS MUNICIPAL CODE PERTAINING TO SITTING OR LYING ON SIDEWALKS IN DOWNTOWN PALM SPRINGS FROM: David Ready, City Manager BY: Police Department SUMMARY The proposed ordinance amends section 12.12.050 of the Palm Springs Municipal Code pertaining to loitering and adds section 12.12.055 to prohibit sifting or lying on the public sidewalks in downtown Palm Springs. RECOMMENDATION: 1. Waive reading of the Ordinance text and introduce by title only. 2. INTRODUCE Ordinance No. , "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING SECTION 12.12.050 OF, AND ADDING SECTION 12.12.055 TO, THE PALM SPRINGS MUNICIPAL CODE PERTAINING TO SITTING OR LYING ON SIDEWALKS IN DOWNTOWN PALM SPRINGS". STAFF ANALYSIS: The City has seen a recent increase in its unhoused population. This increase has led to a rise in the number of calls to the Police Department about people blocking the sidewalks either by sitting or lying down, often in order to panhandle. A large number of the calls received relate to the downtown area. The Police Department is concerned about the potential safety issues associated with individuals sifting or lying on the sidewalks in the downtown area. ITEM NO. b_ The types of businesses concentrated in downtown Palm Springs on Palm Canyon Drive and Indian Canyon Drive, and the side streets between Palm Canyon Drive and Indian Canyon Drive, from Ramon Road to Vista Chino, include numerous restaurants, clothing stores, and specialty shops, and tend to draw significant pedestrian traffic. The sidewalks in downtown Palm Springs become unusually congested, particularly between the hours of 7:00 a.m. and 11:00 p.m. Individuals sitting or lying down on the public sidewalks in this unusually busy area create a potential tripping hazard for pedestrians and distract pedestrians from their need to be alert for other tripping or slipping hazards on the sidewalk, to avoid other pedestrians, and to be prepared to move along the sidewalk and across the street at intersections without interruption. This activity creates significant safety issues to pedestrians in these areas. Distracted pedestrians are more prone to be involved in accidents, which prevent the orderly flow of pedestrian traffic and create an unsafe situation not only for the person sitting or lying down on the sidewalk, but also for pedestrian traffic sharing the same limited sidewalk space. The cumulative impact of this type of activity on the public sidewalks in downtown Palm Springs on a daily basis has created a potential safety hazard and poses a significant and substantial risk to the interest of the public in the free flow of travel in the City. Additionally, some merchants have reported that individuals sitting or lying on the sidewalks have had a negative impact on their business. Business owners indicate that patrons avoid shopping at their establishments, as they do not want to be confronted by the people who occupy space in front of their businesses. The expansion of the ordinance will provide police officers with the legal authority to contact people who are sitting or lying on the sidewalk and to ask them to move along throughout the downtown area. Any individual who fails to comply after receiving a warning would be subject to citation. FISCAL IMPACT: Cost associated with the signage along downtown Palm Springs will be the responsibility of the City of Palm Springs and the initial start-up cost will not exceed $5,000. Alberto Franz, III P lic hief David H. Ready, City er 02 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING SECTION 12.12.060 OF, AND ADDING SECTION 12.12.055 TO, THE PALM SPRINGS MUNICIPAL CODE PERTAINING TO SITTING OR LYING ON SIDEWALKS IN DOWNTOWN PALM SPRINGS. City Attorney Summary The current Palm Springs Municipal Code has a general prohibition against loitering. This Ordinance amends these provisions and includes a prohibition against specific conduct that can obstruct or interfere with pedestrian access, including sitting or lying down on a public sidewalk. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA FINDS: A. The types of businesses concentrated in downtown Palm Springs on Palm Canyon Drive and Indian Canyon Drive, and the side streets between Palm Canyon Drive and Indian Canyon Drive, from Ramon Road to Vista Chino, including numerous restaurants, clothing stores, and specialty shops, tend to draw significant pedestrian traffic. B. The sidewalks in downtown Palm Springs become unusually congested, particularly between the hours of 7:00 a.m. and 11:00 p.m. C. Individuals sitting or lying down on the public sidewalks in this unusually busy area create a potential tripping hazard for pedestrians and distract pedestrians from their need to be alert for other tripping or slipping hazards on the sidewalk, to avoid other pedestrians and sidewalk utility poles, fire hydrants, street furniture, street trees and tree planter wells, news racks, and other such obstacles and to be prepared to move along the sidewalk and across the street at intersections without interruption. D. Individuals sitting or lying down on the public sidewalks of this unusually busy area results in the delay and obstruction of the public's free flow of travel, and results in congestion and blockage of the sidewalks when pedestrians are required to constrict and redirect their passage, often into the street, in order to avoid persons sitting or lying down on the sidewalk. E. Distracted pedestrians are more prone to be involved in accidents, which prevent the orderly flow of pedestrian traffic and create an unsafe situation not only for the person sitting or lying down on the sidewalk, but also for pedestrian traffic sharing the same limited sidewalk space; and F. The cumulative impact of this type of activity on the public sidewalks in downtown Palm Springs on a daily basis has created a potential safety hazard and 992781.1 poses a significant and substantial risk to the interest of the public in the free flow of travel in the City. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: Section 1. Section 12.12.050 of the Palm Springs Municipal Code is amended to read: 12.12.050 Loitering — Obstructing traffic. It is unlawful for any person to stand upon any street, sidewalk or other public way open for pedestrian travel, or otherwise occupy any portion thereof in such a manner as to annoy or molest any pedestrian thereon, or so as to obstruct or unreasonably interfere with the free passage of pedestrians, motor vehicles, or other modes of travel. Section 2. Section 12.12.055 is added to the Palm Springs Municipal Code to read: 12.12.055 Sitting or Lying on Public Sidewalks Downtown — Prohibited. (a) No person shall sit or lie down upon the public sidewalk, or upon a blanket, chair, stool, or any other object placed upon the public sidewalk, on Palm Canyon Drive or Indian Canyon Drive or the side streets between, from Ramon Road to Vista Chino during the hours from 7:00 a.m. to 11:00 p.m. (b) The prohibition set forth in section (a) above shall not apply to: (1) Any person sitting or lying down on the sidewalk due to a medical emergency; (2) Any person who, as the result of a disability, utilizes a wheelchair or similar device to move about the public sidewalk; (3) Any child accompanied by an adult who is seated in and using a stroller or similar device to move about the public sidewalk; (4) Any person sitting or lying down upon a chair, bench or planter box wall located on the public sidewalk which is placed there by a public agency; (5) Any person sitting or lying down upon a chair or bench located upon the public sidewalk which was placed there by an abutting private property owner or tenant pursuant to a commercial sidewalk encroachment permit, temporary lease, or temporary street closure permit; 04 982781.1 (6) Any person sitting or lying down while conducting, attending or participating in an activity or event which is authorized by a lawfully issued temporary street closure permit or other permit issued by the city which permits use of the public sidewalk; (7) Any person sitting on a public sidewalk within a bus zone while waiting for public or private transportation. (c) No person shall be cited under this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that he or she is in violation of the prohibition of this section." Section 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED THIS DAY OF 2014. Stephen P. Pougnet Mayor ATTEST: James Thompson, City Clerk APPROVED AS TO FORM: Douglas Holland, City Attorney % 5 982781.1