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HomeMy WebLinkAbout1991 - MINUTES - 4/3/1991 CITY OF PALM SPRINGS CITY COUNCIL MINUTES APRIL 3, 1991 A Regular Meeting of the City Council , of the City of Palm Springs, California, was called to order by Mayor pro tem Broich, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, April 3, 1991, at 7:30 p.m. ROLL CALL: Present: Councilmembers Broich, Hodges, Murawski and Neel Absent: Mayor Bono The meeting was opened with the Flag Salute and an invocation by Capt. John W. Grove, Director of Religious Program, U.S. Marine Corps, Twenty-nine Palms REPORT OF POSTING OF AGENDA: Report of City Clerk: Agenda posted in accordance with Council procedures on March 29, 1991. COMMUNITY REDEVELOPMENT AGENCY: Mayor pro tem declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency. FINANCING AUTHORITY; HOUSING AUTHORITY; INDUSTRIAL DEVELOPMENT AUTHORITY: No Business PUBLIC HEARINGS: 1. CONGRECARE, INC. - P.S. ASSISTED LIVING CENTER - CERTIFICATES OF PARTICIPATION (116- Recommendation: That the Council conduct hearing pursuant 070) to Internal Revenue Code for the issuance of $8 million Certificates of Participation, for Congrecare, Inc to construct 46 residential units on property at Sunrise and Amado Road. Housing Specialist reviewed the memorandum of Director of Economic Development, noting that an inducement resolution has been adopted on previous occasions, however, the developer has requested that the size of the inducement be increased, and other technical changes made to the financing documents; that there is no financial obligation of the City to repay the issue, and in trade for approving the issuance, the units will be affordable to moderate income seniors, and will be credited toward the City' s housing program. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. Res 17466 as recommended was presented; after which, it was moved by Neel , seconded by Hodges, and unanimously carried, Bono absent, that R17466 be adopted. Council Minutes 4-3-91 Page 2 2. DETERMINATION CASE 10.386 - LOWELL WOODEN (P.S. AIRPORT CAR WASH) Consideration of appeal concerning Planning Commission determination on February 27, 1991 relating to non-vending (094_ machine sales for service station use at the P.S. Airport 001) Car Wash (original CUP 5.0477). Planning Director reviewed in detail the memorandum of Director of Community Development, noting that the Planning Commission's determination related to a relatively new provision of the Zoning Ordinance, and one which may be the subject of further discussion with the Commission; that the request was made to allow large scale mini-market operation in the car wash waiting room, including request to exceed the allowable 25 square foot non-vending machine use, and to expand the types of sales outlined in the Ordinance, i .e. , beer, wine, and miscellaneous dairy products, and possible other items depending on future needs; that the amendment to allow the 25 square foot, non-vending machine area in gasoline stations was approved in April , 1990, because more of the stations had gone to more of the self-serve concepts; that the Commission determined that it could not approve additional floor space for the subject application; that if the Council may direct the applicant to file a planned development district application, on the basis of unusual mixed uses; or direct the Commission to change the ordinance to allow mini-markets; or uphold the Commission ' s action; and that the Commission felt it went as far as it could in terms of square footage allowable. He read the letter of appeal , and noted that the original plan submitted did not indicate intent to have a mini-market, nor is the site suited for it. City Attorney stated that the Council ' s options are to: overrule the Planning Commission, and allow expanded uses (more than soft drinks, etc, as listed in the Ordinance); that an expanded square foot would necessitate a variance, or a change in the ordinance to allow larger scale; and that if a larger area, with expanded uses, is desired, the staff should prepare a resolution to make appropriate findings, and bring that back at the next meeting. Mayor declared the hearing opened. David Earwin, Best, Best & Krieger, attorney representing the developer, stated that he did not find anything , in the Zoning Ordinance to restrict the sales area in car washes; that the site plan shows intent to have sales areas, although it was not specifically in the application; that it is a good project, which has gone through full review, and it is not appropriate to restrict the sales; that there is no intent to advertise, or have signs, to indicate the sales; that it is needed in order for the car wash to be competitive with other facilities in neighboring communities; that the products for sale will be what car wash customers expect to find in such facilities; that he did not believe there were any findings made, at the time the ordinance was first amended, to justify eliminating other items from sales, in that there are products that are not detrimental , e.g. , gum, fruit juices, but are not specifically stated; that he would like the Council to determine that there are no restrictions as to size relating to the car wash use, and to remove the restriction on what items are to be marketed within the facility, which he believes are appropriate and necessary for this operator to succeed; and that he did not think it appropriate for the Council in matters of land use to itemize, without specific findings, what items arm to ha allnwmri Council Minutes 4-3-91 Page 3 2. LOWELL WOODEN (Continued) Lowell Wooden, applicant, stated that he appreciated the staff and Commission comments, and the desire to have a first-class facility, and asked that the Council look at the project, which he felt is top quality; that they have the square footage for sales to be utilized by car wash customers only, and they do not intend to operate a mini-market. There were no further appearances, and the hearing was closed. Councilmember Broich stated that he spoke with the Planning Commission Chairman, who indicated that lie would 'like the Council to refer the Ordinance provision back to the Commission for recommendation; that mini-markets in car washes and gasoline stations have been a way of life in this country; and the Zoning should be looked at to accommodate that change. Councilmember Murawski stated that the Council must also consider the merchants in small shopping complexes who rely on the same small purchases - beverages, convenience items, etc - and the rules were established for special reasons, and the car washes are just for that purposes, along with car type products, not a place for other products; and he favored upholding the Planning Commission. Councilmember Hodges stated that she did not consider the request as either a mini-market, nor the car wash as a gasoline station; that the customer waiting area is a holding area, where people spend 10-15 minutes, and she did not have a problem with convenience sales of magazines, beverages, or dairy products, either to be used while waiting, or to take home; that 25 square feet is not very much space; that she would like to see the Zoning Ordinance provision reviewed, per se, but that the Council should make a decision on this matter, under the classification of a car wash, and she did not feel there were restrictions in that regard in terms of sales. Councilmember Neel opposed overruling the Commission, or changing the Ordinance. Motion by Neel , seconded by Murawski , to upholding the Planning Commission decision, failed to carry by the following vote: AYES: Murawski and Neel NOES: Broich and Hodges ABSENT: Bono City Attorney suggested that the Council) may wish to continue the hearing to April 17 , in order to have a full Council present. Councilmember Hodges stated that the applicant has been delayed on a previous sign application, and she did not want to drag out the process. Council Minutes 4-3-91 Page 4 2. LOWELL WOODEN (Continued) It was moved by Neel , seconded by Murawski , and unanimously carried, Bono absent, that the hearing be continued to April 17, 1991, at which time it will be reopened, and the matter further considered. Consensus of the Council to defer the square foot space allocation to joint session with the Planning Commission. PUBLIC COMMENTS: a) Bill Byrne, representing Friends of the Environment, Box 64, Palm Springs, stated that its president, Pat (116- Oygar requested that the Planning Commission hold Q74) a series of workshop type meetings to explain the raceway EIR to the public; that the request was denied; that a lot of people attended the meeting, only to have to wait and many left early; and that the hearings should be held both during the day, and during the evening hours. b) George Goldberg commented on the adoption of the RV ordinance, and related permit fee, which he opposed since he pays a registration fee to the State; that he shops out of town; that the limited size of 24 feet for RVs eliminates most RVs which are 25 feet to 40 feet in length; and that many RVs are parked overnight illegally, even at Sunrise Plaza. He also commented on illegal garage conversions. LEGISLATIVE ACTION: 3. SUNRISE VILLAGE - LANDSCAPE CONSTRUCTION Recommendation: That the Council award contract to Western Landscape Construction for $352,901.84, and approve Change (085- Order No. 1 for a decrease of $170,819.84, resulting in 002) a total initial contract of $182,082, for landscaping improvements in Sunrise Village Mobilehome Park, under the CDBG program - Agr #2975. Housing Specialist reviewed the memorandum of Director of Economic Development, reported that the project was bid, and none were received, and that after a second bidding, two bids were received, both considerably in excess of the CDBG funds allocated; that the project is the second phase in an overall improvement, the first being covered carports; and that the staff has negotiated with the low bidder, and worked with the Architect, in reducing the scope of the work, resulting in the net contract amount of $182,082. She stated that the staff also contact the second bidder, who had no problem with the proposed recommendation. Minute Order 4742, as recommended, was presented; after which, it was moved by Murawski , seconded by Neel , and unanimously carried, Bono absent, that M04742 be adopted. 4. HIGHWAY Ill RELOCATION - MAINTENANCE STAFFING Recommendation: That the Council approve Amendment No. 8 to the Allocated Positions & Compensation Plans to provide a net of two positions, with a salary range adjustment for lead electrician, to provide for additional maintenance personnel associated with the rerouting of Highway ill (approved March 20, 1991); and amend the budget to appropriate additional funds, therefore, and related operating costs, for the remainder of the fiscal year totaling $53,868. Council Minutes 4-3-91 Page 5 4. HWY 111 RELOCATION (Continued) Director of General Operations reviewed his memorandum which was reviewed in detail at the last study session, and noted that the number of signals overall will increase from 38 to 60.5, for an annual increase of $80,000, which may be partially offset through increased revenues from events downtown that were previously restricted by CalTrans. Councilmember Murawski stated that the relocation of the highway has been a desire for quite some time, and thanked the staff for moving it ahead quickly. Resolution 17467 amending Allocated Plans, and Resolution 17468 amending budget, as recommended, was presented; after which, it was moved by Hodges, seconded (061•- by Neel , and unanimously carried, Bono absent, that R17467 011) and 17468 be adopted. �) 5. VISTA CHINO - RETENTION BASIN, WIDENING & TRAFFIC SIGNALS (136- Recommendation: That the Council adopt resolution to 040) set hearing for May 1 , 1991, for the consideration of resolution of necessity to acquire certain property for a storm water retention basin, the widening of Vista Chino Drive, and traffic signals at Vista Chino and Farrell Drive. Director of Community Development reviewed his memorandum, which was reviewed in detail at the last study session; and stated that the project is expected) to be under construction in June; that the property in question is approximately 10 acres west of Farrell ; and that it is hoped a negotiated settlement can be reached with the property owner. Resolution 17649 as recommended, was presented; after which, it was moved by Neel , seconded by Murawski , and unanimously carried, Bono absent, that R1746g be adopted. 6. VISTA CHINO WIDENING - JOINT CITY/DISTRICT CONSTRUCTION Recommendation: That the Council approve a joint ( 136- construction agreement with the Riverside County Flood 040) Control District for the widening of Vista Chino, from Sunrise Way to Gene Autry Trail , not to exceed $860,000. - Agr 2976 Director of Community Development reviewed his memorandum, which was reviewed in detail at the last study session; and stated that coordination of the City project with the Flood Control District work will result: in an overall reduced cost to the City; and that the widening project was included in the CIP for the past two years, and would have been recommended regardless of the relocation of Highway 111. Councilmember Hodges noted that a recent newspaper article was misleading, in that the project is a savings, and was not linked to the Highway 111 relocation. Councilmember Broich asked that staff look at possible utility installations that might be completed at this time, rather than tearing up the street shortly after it is finished. Resolution 17470 as recommended, was presented; after which, it was moved by Hodges, seconded by Murawski , and unanimously carried, Bono absent, that R17470 be adopted. Council Minutes 4-3-91 Page 6 7. MID-VALLEY PARKWAY ALIGNMENT STUDY Recommendation: That the Council approve agreement with Kimley-Horn and Associates, Inc. , for the alignment study for the Mid-Valley Parkway, for $1,132,502; reimbursement (123- agreement with CVAG for $980,423 in Measure A Regional 006) Funding as County participation in the study; and amend the budget to appropriate initial funding, pending CVAG reimbursements - CP90-01 - Agr 2977 & 2978. (061- Director of Community Development highlighted his 009) memorandum, which was reviewed in detail at the last study session; and stated that the alignment study is the first step towards implementation of the Parkway; that the City was selected as the lead agency, and the agreement has been worked through CVAG, the other cities, and the County; that Palm Springs will pay $152,000 for the specific alignment to the Airport; and that the study will result in a precise alignment of the Parkway, including the EIR, rights-of-way to be acquired, and the exact location of the street. Councilmember Hodges noted the project is a good use of Measure A funds. Minute Orders 4743 and 4744 approving agreements as recommended, and Res 17471 amending the budget, were presented; after which, it was moved by Hodges, seconded by Murawski , and unanimously carried, that MO 4743 and 4744 and R17471 be adopted. 8. SWIM CENTER - POOL DECKING Recommendation: That the Council award contract to JDC (115- General Engineering for replacement of the concrete pool 004) and incidental work at the Swim Center, for $183,650, CP90-14, Agr _. Matter not ready for action, to be rescheduled for April 17, 1991. 9. MUNICIPAL CODE AMENDMENT - NATIONAL ELECTRICAL CODE (Intro 3-20-91) City Clerk read title of Ordinance 1378 adopting the 1990 (112- National Electrical Code by reference, with amendments, 001) additions and deletions thereto; after which, it was moved by Hodges, seconded by Murawski , and unanimously carried, that further reading be waived, and that 01378 be adopted. 10. ADDITIONAL LEGISLATIVE ITEMS: None CONSENT AGENDA: 11. MO 4745 approving Change Order 1 to contract with E.L. Yeager Construction for an increase of $31,788.55, for miscellaneous (056- work on Assessment District 158. 012) 12. MO ----- approving assignment of contract for procurement (139- of gas fired absorption chiller (York International A2960) 004) for $240,500 to Walsh Construction of Illinois, dba Walsh Pacific Construction - A2968. Cont'd 4/9/91 Council Minutes �4••3-91 Page 7 13. MO 4746 approving assignment of contract for procurement. of ( 139- structural steel components (Riverside Steel A2955) for $673,430 004) to Walsh Construction of Illinois, dba Walsh Pacific Construction - A2968. 14. Res 17472 amending the budget to appropriate $34,500 for unanticipated waste disposal services and rate increase for (061- the remainder of the fiscal year (Parks, Street!, & Golf Course 009) maintenance related). 15. MO 4747 approving purchase of advertising for the Convention (050- Center in the P.S. Desert Resorts Facilities Guide at $16,740. 001) 16. Res 17473 waiving permit and service fees provided in the Comprehensive Fee Schedule for the filming of the television (114- pilot, "P.S. I Love You," in the City, estimated at $8,100. 006) 17. MO 4748 ratifying purchase order contract with Al Miller & (051- Sons Roofing, for emergency roof repair on the Airport Terminal , 039) for $24,000. 18. MO ----- and ---- (available at study session) awarding (051- contract for baggage device; and agreement for testing and 055) inspection services, for the Airport Terminal expansion, Agr ---- and ------ Cont'd to April 17 , 1991. 19. Res 17474, 17475 and 17476 approving Payroll Warrants & Claims (086- & Demands. 009) 20. Motion concurring in CRA 760 - 763. ADDED STARTERS: (Upon motion duly made, seconded, and unanimously carried, at the study session, the following items were determined eligible for consideration, and added to the agenda) f:l. SPRING BREAK - FOOD SERVICES Recommendation: That the Council approve a unit price purchase order increase for Wesley' s Catering, for a total revised contract not to exceed $12:,000. In answer to question by Council , Police Chief stated that Mr. Wesley' s conversations were with the Purchasing (113- Manager, and he has not seen the documentation concerning 001) the overages. Councilmember Broich stated that Mr. Wesley did a good job in providing the service, and the approval is after the fact, however, in the future there needs to be some type of accountability as to the number of meals served, and to whom. Minute Order 4749 approving Change Order 1 to P.O. 107050, for and increase of $2,000 was presented; after which, it was moved by Neel , seconded by Hodges, and unanimously carried, Bono absent, that MO 4749 be adopted. Council Minutes 4-3-91 Page 8 22. ALLOCATED POSITION PLAN & BUDGET AMENDMENT - GRAFFITI CONTROL Recommendation: That the Council Res 17477 amending Allocated Position & Compensation Plan to add a Traffic (061- Maintenance Worker, and amend the budget to appropriate 011) $22,864 to fund a graffiti removal program for the remainder of the fiscal year. Director of General Operations reported that the Staff has pursued the development of a highly visible and effective year around graffiti removal program, to quickly and economically remove graffiti from public and private buildings and facilities; that existing ordinances need to be amended to provide for using public funds to remove graffiti with the consent of the property owner, either publicly held or privately held, and to define graffiti as a public nuisance, including mechanism for abatement for cost recovery. Councilmember Broich stated that he has received many calls on this subject, particularly, during Spring Break; and feels it is an issue that must be addressed, and quickly. Councilmember Murawski asked that before clerical help is hired, the staff explore the possibility of using volunteers from the Senior Center to answer the hot line calls; and that consideration be given to suggesting a "graffiti removal " sentence as a part of the Youth Court system. Chief Burnett stated that the problem was presented to the Explorers Group and they are eager to take in as a project. In answer to question by Council , City Attorney stated that the City currently utilizes volunteers in other programs, and its insurance coverage is in place, and he would check further with the Risk Manager concerning volunteers in this context. Councilmember Hodges suggested that perhaps local paint companies would be interested in a donation program to assist in the removal . Director of General Operations noted that an entire Public Relations program will be explored. Resolution 17477, amending the Allocated Plans, and Res 17478 amending budget, were presented; after which, it was moved by Murawski , seconded by Hodges, and unanimously carried, Bono absent, that R17477 and 17478 be adopted. COMMISSION APPOINTMENTS: - None REPORTS & REQUESTS: CITY COUNCIL reports or requests - None PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor pro tem declared the meeting adjourned to Tuesday, April 16, 1991, 3 p.m. , in the Large Conference Room, City 1101 . JUD1:TH SUMICH -' City Clerk