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HomeMy WebLinkAbout2/21/2001 - STAFF REPORTS CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 6, 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, December 6, 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 Tom Rietveld — Palm Springs Baptist Church REPORT OF POSTING OF AGENDA: Assistant City Clerk reported that the agenda was posted in accordance with Council procedures on December 1, 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 COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency: after which, members reconvened as the City Council. APPOINTMENT OF MAYOR PRO TEM It was moved by Hodges, seconded by Reller-Spurgin, and unanimously approved, that Councilmember Ron Oden be appointed. PUBLIC COMMENTS: a) The following Comments were on matters not on the Agenda: Zavier Loza, 2580 Tahquitz, previous manager of Airport Garden Apts., representing the.tenants, stated that unpaid rent notices have been received and advised that the rents were actually paid. Suellen Klossner, 2580 Tahquitz, Airport Garden Apts., stated that a 3-day notice to vacate or pay rent was received; that there is proof of rental payments in the Council Minutes 12-06-00,Page 2 form of canceled checks; that an investigation on the out-of-state owner is necessary; that other tenants got statements about non-payment of rent; and added that the notices are retaliatory. Richard Campbell, 2580 Tahquitz, expressed his appreciation for the quick response of Code Enforcement and the Fire Marshall for doing an inspection of the Airport Garden Apts. the day after it was brought to their attention; and added that the owners of the Airport Garden Apts. are retaliating. Christine Foster, 1445 Optunia, stated that there is a lack of respect for the neighborhood concerning short term rental property; and that an owner told her that his property was to be a "party house." R. Ploss, 930 Chia Rd., requested the Council review all ordinances regarding short term rentals and consider adding a sentence stating "not less than 30 days" for such rentals; and provided a petition, with 33 signatures, regarding single- family residences advertising on the internet for 1 & 2 night rentals in the neighborhood. Steven L. Sims, 255 N. El Cielo, #142, Bicycling Pursuits Group, expressed his disappointment with the Heritage Bike Trail; and added thata bike path is not a sidewalk; that this trail is unsafe; and requested the Bikeway Design Committee use local cyclists when designing bike trails. William Tuchscher, Coda Project, formerly the Palm Springs Classic, stated availability for questions regarding the project. APPROVAL OF CONSENT AGENDA: Items 1 thru 12. It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that Items 1 thru 12 be adopted. CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. Councilmember Reller-Spurgin questioned why the action on Item 2 is late; and if the City is 6 days into a new contract with Kone, Inc. Assistant City Manager, Special Projects, stated that a contract has not been let; that this action was previously pulled off an agenda to try and get additional items added in the agreement, which Kone did not agree to; that as the original installing contractor they have been honoring the original warranty for the last 6 days. Council Minutes 12-06-00,Page 3 Councilmember Reller-Spurgin questioned the difference in the contract price of $33,768, and the on-call charges of$65 to $75 per hr. Acting Director of Aviation stated that the extra charges are for off-business hours repair, if emergency recall is needed. Mayor questioned if the Council, or a design committee, would have input regarding the Indian Avenue/Interstate 10 Interchange, referred to in Items 8 and 9; and if so, is it specified in the contract. City Engineer stated that it is specified in the contract. 1. Approval of Minutes of October 18, November 1, 8, 10 & 15, 2000. 2. MO 6756 approving a purchase order with Kone, Inc. for scheduled preventive maintenance and on-call repair of 2 elevators and 2 escalators serving the airport Phase IIA concourse for$13,680. 3. MO 6757 approving an agreement with FMC Airport Services for scheduled preventive maintenance and on-call repair of eight passenger loading bridges serving the airport Phase IIA concourse for$50,000. A4316. 4. MO 6758 approving change order #1 to A4183 with T & M Construction for the airport's residential sound insulation program for $13,480.90. Mayor abstain— Prior FPPC ruling. 5. Res 19944 amending the budget for $1,626,999; and Res 19945 amending the budget for $2,406,930 to transfer $4,033,929 from the Airport PFC to the Airport Fund. 6. Res 19946 authorizing US Filter Operating Services to perform efficiency improvements at the Wastewater Treatment Plant for an estimated cost of $3,385,000; and approve a denitrification study by US Filter Operating Services for$33,000. 7. MO 6759 approving Change Order #2 to A4261 with Granite Construction Company for the Mid-Valley Parkway Phase 3, Gene Autry Trail and Ramon Road traffic signal and street improvement project, CP99-13 for $35,140, total contract amount of$1,014,315.65. Hodges abstain - Client of Employer. 8. MO 6760 approving a Riverside/CVAG reimbursement agreement for Indian Avenue/Interstate 10 interchange for $118,000 funded by Measure A funds, CP00-14. A4317. 9. MO 6761 approving an agreement with Dokken Engineering for engineering design, project report and environmental services for Indian Avenue/Interstate 10 interchange design for$943,842, CP00-14. A4318. Council Minutes 12-06-00, Page 4 10. Res 19947 denying Class 1 Historic Site status for the Alpha Beta Building located at the southwest corner of Ramon Road and Sunrise Way. 11. MO 6762 awarding contract with Harrell & Company Advisors, LLC for financial advising services for $10,000, plus compensation for new Bond Issues. (See item CRA A). 12. Res 19948, 19949 and 19950 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Hodges 959368 Chris Foster Client of Employer 959376 Granite Const. 959041 Preferred Plumbing Reller-Spurgin 959528 Spurgin Spouse 959089 Spurgin EXTENDED CONSENT AGENDA: PUBLIC HEARINGS: 13. APPEAL — 3915 & 3945 EL DORADO BLVD— JOSET ROBERTS — FREEDOM ASSEMBLY. Recommendation: That the Council uphold the Planning Commission decision to deny a request for a time extension of a nonconforming use of property located at 3915 and 3945 El Dorado Boulevard, R-1-D Section 34. Director of Planning and Building reviewed the staff report and reviewed the site plans on the board; no further report was given. Mayor declared the hearing open. Joset Roberts, Freedom Assembly, stated that the Planning Commission made its' decision on a bogus report from a member of Planning's staff, who has since resigned; that improvements have been made on the property; that she will come down and personally live on the property for 30 days while the contactors she has hired improve the property; that Freedom Assembly bought the property boarded up and vacant; that the property was down-zoned to single family units in 1996, but the property has been taxed for 4 units; that she is now working with Director of Finance to get money back; that a report from the Director of Redevelopment indicates that there has been work done on the property; that Freedom Assembly now has the money to fix up the property; that they will workwith HUD and follow the Consolidated Plan for first time buyers; that they will do this in phases, as one house is ready for occupancy, a request to the City will be made to release Council Minutes 12-06-00, Page 5 electric so she can move in and oversee future improvements; that Freedom Assembly is serious this time, and would be willing to demolish a building on each lot if the City would be willing to work with them and grant an extension; and requested that Council consider the report she has submitted. There being no further appearances, the hearing was closed. Councilmember Hodges stated that the issue before the council is that this is a nonconforming use, and the council is being asked to grant an extension, but the property will still be nonconforming. Director of Planning and Building stated that is correct; that in an extension for a nonconforming use, the Council is limited to granting extensions up to 2 years at a time. Councilmember Hodges questioned that even if they fix up the property, is it still nonconforming; and could they get occupancy at this point. Director of Planning and Building stated that if the Council was to approve a time extension for the nonconforming use, they could reoccupy the property for two years, and then they would be back for another time extension for another 2 yrs and they would come back for another 1 yr extension up to the 10 yr period, and at that point, under current ordinances, they would have to convert it back to single family; and stated there would more than likely be tenants in the building at that time. City Attorney stated that a general rule with all cities is that once a nonconforming use is unoccupied for a period of time, then the nonconforming use rights disappear, so legally it is unnecessary to grant any type of an extension because the property was unoccupied. Councilmember Oden questioned the possibility of making them single- family housing units instead of rental units. Mayor stated they would still be nonconforming if there are 4 units on 2 properties. Director of Planning and Building stated that the problem is with density on the property; the Council cannot grant variances for land use. Councilmember Oden stated that he understands and respects the community's desire to have single-family residences. However, in light of the low-income housing availability, it might be a better option to use the property for housing instead of tearing anything down. City Attorney stated that Ms. Roberts mentioned that if the extension was given on one property, she would tear down one unit on the other lot. Council Minutes 12-06-00,Page 6 Director of Planning and Building stated that the Council could look at a creative land use permit, but other property owners would then want the same possible privilege; and that staff could certainly look into this issueand report back, if that is the Council's pleasure. Councilmember Hodges stated this would not be her pleasure; that we have a situation here with reputable owners who have done nothing in the time extension they were granted; and that she is not willing to further extend the time. Councilmember Oden questioned how much has been spent on improving the property by the owner, to this point. Director of Planning and Building stated that was unknown at this time, but it could be researched. Councilmember ,Jones stated that the present owners, Freedom Assembly, purchased the property knowing it was a nonconforming property. The units have never been occupied, and they have had a lot of opportunity to get the property in order and cleaned up, and failed to do so. Mayor clarified with the Director of Planning and Building the definitions of the various residential zones in our city; stated that the owners had been granted an extension to bring property up to compliance; that Freedom Assembly asked for another extension in 1999; that the Planning Commission denied request as they did not comply fully with previous request; that Council has said no to others in similar situations; that the property is dramatically below the standards we are trying to reach for this neighborhood; and stated the request should be denied. Councilmember Oden stated he agreed with the issue we have for housing, however, we are not going to answer all issues with this decision; and that we need to plan more appropriately for the future. Councilmember Reller-Spurgin stated she agrees that an extension should not be granted. Councilmember Oden stated that he supports what the Council has done in the past, and the issue of housing needs to be revisited in the future. Mayor stated that there is a definite need for affordable housing, specifically in the Highland Gateway area; that we should support the quality of housing; that if a new applicant came forward with brand new plans for this property, the Council would have to deny it because it doesn't comply with current zoning; that we need quality housing, not just affordable housing; and that the Council needs to deal with how to develop affordable housing in future meetings. Council Minutes 12-06-00,Page 7 Resolution 19951 as recommended was presented; after which,it was moved by Reller-Spurgin, seconded by Jones, and carried unanimously, that R19951 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: 14. MUNICIPAL CODE AMENDMENT Recommendation: That the Council approve an amendment to the Municipal Code, Section 6.04.180 to permit the transport of waste over City streets in specific circumstances. City Attorney reviewed the staff report; no further report was given. Assistant City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 6.04.180 OF TITLE 6 OF THE PALM SPRINGS MUNICIPAL CODE PERMITTING THE TRANSPORT OF WASTE OVER CITY STREETS IN CERTAIN CIRCUMSTANCES after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that further reading be waived; and the Title of the Ordinance be introduced for first reading. 15. ALLOCATED POSITIONS AND COMPENSATION PLAN —AMENDMENT#3 Recommendation: That the Council approve Amendment #3 to the Allocated Positions and Compensation Plan to implement a reclassification for the Procurement Manager to Director of Procurement and Contracting, Department Head; and to change two department titles and their representative department head titles; and to establish a retirement transitional Special Pay Provision. City Manager withdrew the item. Council Minutes 12-06-00, Page 8 16. ESTABLISHMENT OF DISASTER FUND Recommendation: That the Council authorize the creation of a new fund to be named the Disaster Preparedness Fund to provide an accounting structure for tracking expenses in the event of a major disaster. City Manager reviewed the staff report; no further report was given. Councilmember Hodges stated hopefully the funds will not be needed. Resolution 19952 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that R19952 be adopted. 17. CLASSIC PROJECT— PD231 - TTM28033 Recommendation: That the Council approve a time extension from December 6, 2000 to December 6, 2001 for the Palm Springs Classic Preliminary Planned Development District and Tentative Tract Map 28033, located at the Southeast corner of Gene Autry Trail and Vista Chino, W-M-1-P and 0-5 Zones, Section 7 and 18, Director of Planning & Building reviewed the staff report; no further report was given. Councilmember Oden stated that this is a positive step. Resolution 19953 as recommended was presented; after which, it was moved by Jones, seconded by Reller-Spurgin, and unanimously carried, that R19953 be adopted. ADDITIONAL LEGISLATIVE ITEMS: 17a. 1000 EAST PALM CANYON DRIVE — BILTMORE HOTEL Recommendation: That the Council ratify the expenditure of$15,000 to AIIRight Services for the emergency summery abatement to be completed by December 18, 2000 of the Biltmore Hotel located at 1000 East Palm Canyon Drive. Director of Planning & Building reviewed the staff report; no further report was given. MO 6763 as recommended was presented; after which, it was moved by Reller- Spurgin, seconded by Hodges, and unanimously carried, that MO 6763 be adopted. Council Minutes 12-06-00, Page 9 ADDED STARTERS: None REPORTS & REQUESTS: 18. DEPARTMENT reports or requests-received and filed. a) Treasurer's Investment Report— October 31, 2000 b) Fiscal Year 1999-00 Development Project Fee Report, CITY COUNCIL reports or requests a) Councilmember Hodges requested a report from the Police Chief regarding the disappearance of Jeremy Crocker. PUBLIC reports or requests: None STAFF reports or requests a) Police Chief gave a brief report on Jeremy Crocker's missing person status. Jeremy went missing in 1996, and is still listed as such. The Los Angeles Sheriff's Dept. has closed his case, as they advised that they found Mr. Crocker, and that he didn't want to be found. The Los Angeles Police Dept still lists him as missing, as does the Palm Springs Police Dept. There have been rumors of his whereabouts, but nothing has ever been confirmed. ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. BARBARA J. WHITE Assistant City Clerk