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HomeMy WebLinkAbout1996 - MINUTES - 1/3/19960001 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 3, 1996 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 Talrquitz Canyon Way, on Wednesday, .January 3, 1996, at 6:00 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 Barnes, Hodges, Oden, Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, led by Boy Scout Troop 262 and an invocation by Dr. John Blayney, P.S. Church of Religious Science . REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on December 29, 1995. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) -See items on Page 5 of agenda this date. HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY - No business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the propose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council. APPROVAL OF MINUTES: ' It was moved by Hodges, seconded by Barnes, and unanimously carried, that the Minutes of December 13, 1995, be approved. PRESENTATION: Southern Calif. Gas Co. re City Co -Generation Plant Instrumentation, (052- including check to the City for $18,800. 001) PUBLIC HEARINGS: C.U.P. 5.0707 - SALVATORE Recommendation: That the Council approve a conditional use permit to convert a single- family residence at 1700 Sahara Road into a meeting hall, to be called the Dolly Sinatra Lodge, P zone, Section 1. Director of Planning & Building reviewed his report in detail, noting that the zoning was (078- changed in 1993 from R to P, and consistency zone change this year; that the adjacent 053) property will be acquired for parking purposes; that there are minor deviations from the parking requirements; and that the project is to be in phases, with condition that the applicant secure a joint -use of parking agreement with the adjoining Jehovah Witness Church for off -hours -use of its parking, and lacking that, the parking lot would have to be constructed before an occupancy permit is granted. Mayor declared the hearing opened. ' Kimberly Young, 2122 Sahara Road, submitted in writing, and reviewed her concerns, regarding ingress/egress related to Sahara Road, her agreement with condition for a block wall and not a chainlink fence, her investigation which indicated that the adjacent property owner had not been contacted concerning joint parking, and her concern of added traffic and drunk driving within the neighborhood if the median island is installed. She stated that die Zoning Ordinance did not permit private clubs. 0002 Council Minutes 1-3-96, Page 2 1. C.U.P. 5.0707 - SALVATORE (Continued) Victor Salvatore, applicant, concurred with the Planning Commission recommendations, noting that the use is a private lodge, of whose members age averages 69-70; that there will be no on -sale of alcoholic beverages; that the alcohol will only be served in connection with monthly dinner meeting, at which about 40-45 members attend, and for ' which no ABC license is required; that the hours of operation will be 10 a.m. to l0 p.m., during which members may come and socialize, and which he estimates will be about 5- 10 people; that the lodge is a part of a national organization, which raises fluids for scholarships; that ingress will be on Sahara, with egress onto Park View, via a one-way direction; that the block wall will be built to City standard; and that plans are currently being prepared. There were no further appearances, and the hearing was closed. Councilmember Hodges stated that she is not in favor of median islands, and considers them unnecessary, more of a hazard than having them, often becoming unattractive and costly to maintain, and a never ending assessment for property owners; that she favored deleting Condition 13 relating to the islands, and modify the condition concerning the block wall, which she also considered a costly addition for the; developer, and that a chairdink fence, with landscaping, would be less likely to be covered with graffiti. In response to questions by Council, Director of Planning & Building stated that the 0778 request is for a Type II Conditional Use Permit, which is lire most restrictive, and 3) requires both Commission and Council approval; that a 20-ft setback is normally required between residential and profession, but in this case and in view of the history of the area and the small size of the property and its configuration and the adjoining church - approved with a 6-11 setback - and with setback, parkway, buffer and landscaped block wall, the setback should be adequate and fair in the neighborhood. He stated that the block wall is required by the Zoning Ordinance, and is required wherever a parking lot , adjoins any street, it is required to be enclosed with the block wall, or a solidi earthen bern at a 4-ft height; and that the Bern would not be possible wiilhin the 10-feet. Councilmember Hodges stated that the property is an eyesore, and has been for sometime; that the applicant is interested in upgrading and improving it, and these are very costly obstacles being recommended; that the landscaping will cover both the wall or the chainlink, and it is unrealistic to make these requirements of property owners, and perhaps it is an area that needs further discussion to change the ordinance. She also stated that she has not talked with the applicant. Mayor stated that lie considers median islands, when done properly, an aesthetic benefit to the community, and would prefer many city streets with such ernedians, to also increase safe traffic movement; that at Vista Chino & Sunrise, the shopping center has condition of the median installation, which is just to the west of the site. Itt answer to his question, the Director of Planning & Building used the display boards to illustrate the median island proposed for Vista Chino, access points to the subject property, and potential signalized intersections. Mayor stated that until the ordinances are changed, the standards must be enforced by the Planning Commission; that lie was not opposed to further discussion of the standards, but not on a case -by -case basis; that he felt the block walls are more permanent in nature, and plants die -out or chainlink fencing is removed. Councilmember Hodges stated that the median will be in an assessment district, and is one ' that the City will have to maintain; that the costs are constant, and if they are not maintained, they end up looking like those on Gene Autry Trait; that she did riot find it convenient to make loops around streets in order to get where she wants to go, and feels the islands, with limited turnouts, Binders rather than helps motorists. Councilmember Spurgin stated that the medians relate to a larger issue; that the applicant has not objected to the conditions; and that there will only be one membership meeting per month. L Council Minutes 1-3-96, Page 3 C.U.P. 5.0707 - SALVATORE (Continued) Councilmember Barnes stated that the use of alcohol on site will only be for the one monthly meeting of the membership; and that he considered medians to be a valued traffic safety tool. In answer to question by Council, Director of Planning & Building stated that frequency and usage are the basis of the Conditional Use Permit, and any significant changes would require a revised permit, and the hours of operation are not inconsistent with P-zones. Staff also pointed out the adjacent developed properties, as well as the sites to be acquired by the Airport for clear zone. Councilmember Bodges stated that she would support the recommendation, noting that the applicant has not raised the concerns which she has raised. Resolution 18763 as recommended, was presented; after which, it was moved by Spurgin, seconded by Oden, and unanimously carried, that R18763 be adopted. STREET VACATION - SUNRISE WAY On December 6, 1995, the Council declared intent to vacate a portion of right-of-way for the northerly extension of Sunrise Way, and set this as the time and place for hearing. Director of Public Works reviewed details of his memorandum. Mayor declared the ]tearing open; there were no appearances, and the hearing was closed. Resolution 18764 ordering vacation, as recommended, was presented; after which, it was moved by Hodges, seconded by Spurgin, and unanimously carried, that R18764 be adopted. INTERAGENCY REPORTS: a) Councilmember Spurgin stated that the committee on renovation of City Hall is meeting, and exterior trim painting is scheduled for January 30; and that community donations are being accepted. PUBLIC COMMENTS: a) Comments concerning Item 3: (145- 001) Art Lyons, 646 Morongo Road, indicated he was available for questions; and (147- spoke in support of Items 8 and 9. 004) b) Comments on matters not related to an agenda item: Don Frank, resident, spoke concerning the Bullocks Parking Lot item discussed in Closed Session, noting that he was aware it will be heard, and questioned when the hearing will be; adding that the property is being used for parking, and although never full, it is widely used for that purpose. George Goldberg, resident, stated lie will keep his RV permanently parked in his driveway, and if anyone came on his property, he would shoot, and that lie would fight the City in court up to the Supreme Court, LEGISLATIVE ACTION: 000,3 0004: Council Minutes 1-3-96, Page 4 ELECTRICAL MUNICIPALIZATION - CONTRACTUAL SERVICES Recormnendalion: That the Council approve amendment No. 1 to agreement 3577 with Duncan & Allen, Counsellors at law, to provide for the services of Arthur Lyons to manage, coordinate and provide services for local aspects of the City's electrical municipalization effort, not to exceed $9,400. City Manager reported that Mr. Lyons has continued to manage this effort, and that pursuant to the Council's direction on December 20, the amendment has been negotiated to provide an increase of $9,400, training of a city employee to be designated by the City Manager, removal of lobbying in Mr. Lyon's services, and reimbursements to be subject to the same approval as other Duncan & Allen reimbursement, which are subject to the pre -approval of the City. He stated that Mr. Lyons will be paid by Duncan & Allen, and will report to the City Manager as do the principals of the firm; and that the cost of the contract is through donated funds and the option fees, and there are no General Funds involved. Councilmember Spurgin stated that she appreciated the negotiated terms, and supports Mr. Lyon's work; and that this is an important issue not only to residents, but to the economic development of the community, which hinges on electrical rates being in line. In answer to questions by Council, City Manager stated that he is considering a particular employee, and will be discussing it with the employee's supervisor. Councilmember Hodges stated that she would like either the Mayor or an elected official, or other City official to be present whenever Mr. Lyons provides local publicity or deals with the news media; and she questioned when the issue will go to the FERC. Mr. Lyons stated that Council and staff members will continue to be kept up to date on these issues, and be was willing to report as quickly as is desired; and that whenever he makes public pronouncement it will clearly be with the Council .First; and lie expected to file with FERC in early February, and possible ruling in June -July. Minute Order 5676 as recommended was revised to include imonthly reports by Mr. Lyons, that an official City representative be present for publicity/media issues, and that the City staff member be appointed and trained as soon as possible, was presented; after which, it was moved by Spurgin, seconded by Oden, and unanimously carried, that M05676 be adopted. 4. CATHEDRAL CITY REQUEST - VISTA CHINO/FEMA FLOOD ISSUE Recommendation: That the Council snake finding that the reconstruction work associated with the Cathedral City, Rancho Mirage, and Palm Desert FEMA floodwater levee project substantially extends the Vista Chino roadway life; and authorize $15,000 contribution to Cathedral City, lead agency, for roadway reconstruction within Palm Springs. (147- 004) City Manager reviewed the memorandum of the Director of Public Works, noting that the (136- $15,000 was not inappropriate because the work within the City extends the useful life 040) of the street. Councilmember Barnes stated that the amount is less than the value of what is being gained, i.e., the amount of the improved roadway and extended) life of it. Mayor noted that the original request was in excess of $100,000, and he was pleased with the negotiated amount. Councilmember Hodges also commended the swiftness of completing the work, and getting Vista Chino reopened. Resolution 18765 as recommended, was presented; after which, it was moved by Spurgin, seconded by Hodges, and unanimously carried, that R18765 be adopted. 0005 Council Minutes 1-3-96, Page 5 MUNICIPAL CODE AMENDMENT - STREET NUMBERS, ANNEXATION 26 Recommendation: That the Council amend the Municipal Code to provide for a street numbering system for the area northerly of I-10, which is consistent with that of the County, and eliminates confusion caused by die interface of two different numbering (103- systems. 045 ) City Manager highlighted the memorandum of the Director of Planning & Building. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 14.04 OF THE PALM SPRINGS MUNICIPAL CODE REGARDING STREET NUMBERING NORTHERLY OF INTERSTATE 10. after which, it was moved by Spurgin, seconded by Hodges, and unanimously carried, that further reading be waived, and that the Ordinance be introduced for first reading. 6. MULTI -MODAL PLANNING STUDY Recommendation: That the Council receive and file the "Coachella Valley Multi -modal Transportation Planning Study," as an implementation study for the Palm Springs General Plan. Director of Aviation reviewed his report, stating that the consultant combined into one document the various studies, and established where the major multi -modal hubs are in (143- the Valley; that the purpose is to get a head start in terms of being prepared to seek 003) Federal grant monies; that the study does not contain any new data, and provides a tool to take to Washington, D.C.; that other cities endorsements are not required, but if they did so, it would enable them also to "stand in tune" for the funding. In answer to question by Council, he stated that CVAG staff will look at the study, and it may go to committee, but will not be presented for formal CVAG adoption, and it is a reference document. If desired, Resolution 18766 as recommended, was presented; after which, it was moved by Spurgin, seconded by Barnes, and unanimously carried, that R18766 be adopted. TRANSPORTATION RELATED CONSULTING SERVICES Recommendation: That the Council approve engaging Selzer, Ealy, Hemphill & Blasdel, Attorneys at Law, to provide assistance in connection with obtaining endorsement and (143- support of the Calif. Transp. Commission, regarding the National Highway System, 001) railroad, and other transportation related matters; and amend lire budget to appropriate $25,000 therefor from Capital Projects Fund. A3625 City Manager reported that the City is engaged in an aggressive effort, both with the National Highway System designation, which must be accomplished within 180 days, and, railroad issues, and related matters with the CalTrans Commission which requires the use of a specialist in that area; that Mr. Ealy has demonstrated that he has both the capacity and the personal contacts in order to move things rapidly through the CalTrans Commission; and he recommended engaging the firm, i.e., Mr. Ealy, although Ms. Hemphill will also be doing some work, for an amount not to exceed $25,000, which is not a retainer, but rather a cap on the contract amount; that the rate will be billed at $160 per hour. In answer to question by Council, City Manager stated that Rutan & Tucker is an outstanding firm, but the contacts for the Commission is a unique service, similar to lobbying efforts to those in Washington, for which Mr. Ealy is particularly skilled and prepared to provide, which Rutan & Tucker is not prepared to do. Councilmember Hodges opposed the use of PERS Reserve funds, and asked if it could be taken from elsewhere. 0006 Council Minutes 1-3-96, Page 6 TRANSPORTATION RELATED CONSULTING SERVICES (Continued) City Manager slated that the funds, although indicated in the staff report as from the PERS Fund, are proposed reflected in the Resolution as from the Capital Projects Funds, and the actuarial PERS refund will be discussed at the Council workshop; that the funds will come from the Capital Project Account, which will be replaced 'if future recommendations are considered; and that there are savings from completed projects. Councilmember Hodges stated drat the Council was to reduce the budget, and yet it continues to increase it; and she was concerned when the point would be reached when that cannot happen, because there are no funds remaining. Mayor noted that the proposed letter indicates a $I601hour billing rate, but the billing policy attached to the letter shows a greater range. Assistant City Attorney stated that the approval could be conditioned upon striking that sentence from the agreement, and the limit is $160/hour, which is how he interpreted the agreement; and that it is not unusual for firms to specify design rates, but in this case, the basis is the letter, and it appears both attorneys will be billed at $160/hour. Minute Order 5677 and Resolution 18767 as recommended, striking sentence from billing memorandum and limiting to $160/hr for all attorneys, was presented; after which, it was moved by Spurgin, seconded by Hodges, and unanimously carried, that MO5677 and R18767 be adopted. WHOLESALE ELECTRIC POWER REQUIREMENTS Recommendation: That the Council reserve a portion of the Cityy's anticipated wholesale energy requirements for purchase from renewable energy sources located within the City's boundaries, of not less than 5 megawatts. City Manager highlighted the memorandum of the Assistant City Manager. Procurement Manager stated that a reserve of 5 megawatts would be the minimum (147- reserve, and it sends a signal to protect local providers without specificity, which might 004) otherwise jeopardize industry relationships with Ellison. Minute Order 5678 as recommended, was presented; after which, it was moved by Spurgin, seconded by Oden, and unanimously carried, that M05678 be adopted. WHOLESALE ELECTRIC POWER SUPPLY - RESPONDENTS TO RFQ Recommendation: That the Council approve a short -listing of the 36 respondents to the City's Request for Qualifications, to sixteen firms. City Manager reviewed the memorandum of the Assistant City Manager, and read the (147- names of the firms on the short list, noting that 20 additional firms were not selected; and 004 ) that the next step will be the RFP, preceded by a personal interview. Minute Order 5679 as recommended, was presented; after which, it was moved by Hodges, seconded by Spurgin, and unanimously carried, that 1\4O5679 be adopted. 10. CLAIMS & DEMANDS & PAYROLL WARRANTS Resolutions 18768 and 18769 approving payroll warrants and claims & demands, was presented; after which, it was moved by Spurgin, seconded by Barnes, and unanimously carried, that R18768 and 18769 be adopted; Hodges abstained em Warrant #905834 and (086- 905964, and Spurgin abstained on #906002. 014) ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None I,] 0007 Council Minutes 1-3-96, Page 7 REPORTS & REQUESTS: 11. DEPARTMENTAL REPORTS - Received & Ordered Filed a) Treasurer's Monthly Investments Summary, October 31, 1995 (121- 002) CITY COUNCIL reports or requests a) Council Appointments to CVAG committees; PSDRCVB Board, Sunline, Mountain Conservancies, PSDRCVB Subcommittee, "Airline Services Task Force." Deferred until after January 10, 1996 workshop, existing members to continue serving until replaced. b) Councilmember Barnes requested that copies of the Finance Task Force report of June, 1995 be made available to the Council for its workshop. c) Councilmember Hodges requested that a future agenda item be set for the Council to act on requirement for all boards and commissions to be televised live, or tape delayed. She also asked for a status report on whether the Code prohibits a person from stealing recyclable materials from residential containers. d) Councilmember Spurgin requested an update on code enforcement concerning abandoned shopping carts. e) Councilmember Barnes requested that the workshop contain a disuession regarding homeless or transients. Councilmember Oden suggested that the Police Department might provide a report or briefing. Consensus: This item to be scheduled for study session agenda. ' f) Mayor reported on the recent visit of the King and Royal Family of Malasia, and reminders of the upcoming Film Festival and other events, including the State of the City Breakfast sponsored by the Chamber of Commerce. PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT There being no further business at 9:10 p.m., Mayor declared the meeting adjourned to January 10, 1996, for a Council workshop, to be held at 2 p.m., in the Hyatt Hotel Board Room, 235 N. Palm Canyon Drive (Second Floor,) Palm Springs. /JUDITH SUMICH City Clerk