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HomeMy WebLinkAbout1996 - MINUTES - 3/6/19960027 CITY OF PALM SPRINGS CITY COUNCIL MINUTES MARCH 6, 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 Ta iquitz Canyon Way, on ' Wednesday, March 6, 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, and an invocation by Josephine McCall, President, First Church of Christ Scientists. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on March 1, 1996. 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 [he purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council. ' PRESENTATION: Economic Development/Chamber of Commerce Award presented by Chamber President Lew Pfeifer to Terry Weiner, for Leeds Jewelry Store building renovation; and Mayor presented proclamation declaring March, 1996 Purchasing Month APPROVAL OF MINUTES: It was moved by Oden, seconded by Hodges, and unanimously carried, that the Minutes of February 7 and 21, 1996 be approved. PUBLIC HEARINGS: 1. NOTICE OF CODE VIOLATION - 1350 LADERA CIRCLE APPEAL Consideration of appeal by Barbara Lewis -Rubin and M. Leonard Lewis from posting of Notice of Violation concerning illegal commercial operation of a residence at 1350 Ladem Circle. Director of Planning & Building reviewed details of his memorandum, a copy of which is on file with the City Clerk; and explained that the Council may uphold the notice of (057- violation, or overrule it and establish findings that it was issued in error and does not 007 ) meet the intent of [lie Code. I Mayor declared the hearing open M. Leonard Lewis, appellant, distributed materials showing preservation society materials from Newport County, RI, and commented how it addressed an economic decline by utilizing historic estates as a tourist attraction, and suggested that the materials be studied for establishing a similar program in Palm Springs, which he felt contained a "necklace" of grand architectural homes, replete with celebrity status; and requested that no action be taken on his appeal until a study committee can review the ideas and develop them further. I-Ie stated lie considered the appeal to be an occasion to make this thought clear. 0028 Council Minutes 3-6-96, Page 2 NOTICE OF CODE VIOLATION - 1350 LADERA CIRCLE APPEAL (Continued) Bruce Kendall, resident in the area, commented on his experience in government in Alaska, and that spot zoning is not legal and a commission could not be formed to make such recommendations; and that the area is R-1. The following persons who also live in the area commented concerning the noise and disturbance in the neighborhood, and the request to protect and uphold the R-1 zone: A.J. Blanchard, Rose Avenue Phyllis Dooley, Fleet Avenue Ed Reinicke, Las Palmas Road Tom Shupe, Bonita Circle There being no further appearances, and the hearing was closed. Councilmember Hodges stated that there have been letters of complaint regarding the use of the site for years, and that it is not proper for it to be a commercial opportunity; that it is a residence and everything around it is residential, and the residential area should be maintained. She added that the City does have an Historic Site Preservation Board and she was not certain if this site would qualify for that designation, but did not have a problem for the Board to look at it from that aspect. Councilmember Spurgin noted that there was a similar situation with the Liberace home; that the area is R-1; and that it should remain R-1. Councilmember Oden stated that he has been a resident of both tihe Las Palmas area, and of Newport, RI; that this situation is unique; and that the area should remain as it was intended, R-1. Mayor concurred that the R-1 should be protected, and he has seen letters of these types of complaints for years; and that the pristine aspect of the R-1 should be preserved. Resolution 18786 upholding issuance of the Notice of Violation, as recommended, was presented; after which, it was moved by Spurgin, seconded by Barnes, and unanimously carried, that R18786 be adopted. City Attorney noted that in the absence of other direction, the action is effective immediately. 2. AA CASE 3.1142 - TWIN PALMS HOMEOWNERS ASSOCIATION APPEAL Consideration of appeal by Lorraine Lawrence from Planning Commission decision to allow removal of any or all of seven trees within the common area west of 1223 Twin Palms Drive, by the Homeowner's Association. Director of Planning & Building reviewed his memorandum, rioting that the Planning Commission took a field trip to the site, and after reviewing extensive testimony, approved the removal of up to seven trees, with condition that they be replaced with reasonable in size and suitable to the area; that Ms. Lawrence was concerned about the clarification of the Commission's decision; that the Commission felt the Homeowners Association (HOA) had the right to request the removal, but it also wanted to see the trees replaced with trees of a suitable size; that he believes the intent. of the HOA is to work on a solution for the area and to submit a plan for staff approval; that if such plan does not substantially reduce the difference of opinions of the homeowners, he will not, approve it; that this matter is not a city issue, but a substantial disagreement between the property owners; that the Commission felt awkward in dealing with it, and the Council is in the position of being a referee between property owners; that if the owners do not agree on the replacement plan, there probably will be a follow-up appeal; and that it was unfortunate that the HOA immediately proceeded to remove trees following the Commission's action. IIe displayed photos reviewed at the Commission meeting. (057- 007) (II1.- 004) 0029 Council Minutes 3-6-96, Page 3 2. AA CASE 3.1142 - TWIN PALMS HOMEOWNERS ASSOCIATION APPEAL (Continued) In answer to question by Council, Director of Planning & Building stated that any modification to multi -family projects requires submittal of a Minor Architectural Approval application, which the staff may approve; that removal of trees is not unusual after 15-20 years of growth, and overplanting; that the staff took a field trip, and approved the application, which was appealed to the Planning Commission. Mayor declared the hearing open. Lorraine Lawrence, appellant, stated that she was not displeased with the Commissions's ruling, but after it site felt there was some confusion by others; that the HOA Board was confused and interpreted that it could remove the trees immediately without the 10-day appeal period, which she felt was not in good faith and that she had to protect her rights, and the Board was stopped by the Planning and Police Departments from continuing; that there are seven mature trees, two of which an arborist has said were in decline and which (111- she had no problem in having them removed; that one of the two trees cut down, 004) however, was the largest and one of the healthy trees; that she had served on the HOA^ Board, including as its landscape chairperson; that the trees directly impact her unit; that there are 39 homes; that both the east and west sides of the complex are landscaped the same, and there are no plans to touch the trees on the opposite side; that she wanted to know what the plan for improvement is for the area, as the CC&Rs prohibit pets, golf and play, and the area was for beautification, cooling and environmental reasons; that she feels her property has been devalued by the removal of the mature healthy tree, which would cost $15,000 to replace one like it of its size; that the Quality Inn is across the street from the site, and favors keeping the trees; and that she has not seen any documentation why the healthy trees should be removed. Tom Ris, Vice -President of the Twin Palms HOA, stated that they have been working on this project for six months, which began over two years ago when Ms. Lawrence asked for help because the trees restricted her view, and has not acted capriciously or with intent to harm the environment; that the courts have given homeowners associations the right to manage the common properties, and he believed the HOA has been sensitive, and has removed trees within the City's guidelines, and the HOA CC&Rs; that a plan will be submitted to replace the trees, including size, species, and diameters. Donald O'Leary, new homeowner in the complex, stated that one of the reasons he purchased his unit was because of the greenbelt; that the arborist's report is the only professional opinion, and it concludes that only two of the trees are unhealthy; that he feels with that information, the healthy trees should not be removed, unless there is logic and good reason given to do so; that if they are removed, they should be replaced with identical trees; that there should not be any arbitrary cutting of them, other than the unhealthy trees; that replacement with similar trees will not be the same, and he wanted to make certain that they are not dissimilar. There were no further appearances, and the hearing was closed. Councilmember Barnes stated that the situation is one of divided opinions between members of the HOA, as to what to do with their property; that the question for the Council is whether the city process has worked, and if the Commission is satisfied that the site will be restored to the level for which policy was set, then the Council must uphold the action. Councilmember Oden concurred, and added that in this case, there will still be a problem in the community, and suggested that mediation services through the City commission might help to achieve a win/win solution for all parties, but it if comes to the Council, it has no recourse but to uphold the city ordinances. Director of Planning & Building stated lie was willing to meet with the parties, but cannot force that to happen if they do not wish to speak to one another; and that his interpretation of the Commission's action was to ask the owners to work it out among themselves. 0030 Council Minutes 3-6-96, Page 4 2. AA CASE 3.1142 - TWIN PALMS HOMEOWNERS ASSOCIATION APPEAL (Continued) Councilmember Hodges stated that she viewed the site, and although there are more than seven trees in the area, it is a beautiful area, and one that would be nice in other parts of the city; that she did not read of any good reason why the trees should be removed, other ' than those which are dying; that she did not see any reason for replacing mature, beautiful trees, with even fruit trees, which will take 10 years before they look anything like the ones being removed. Mayor stated that request of the HOA is within its prerogative; that condition regarding size, type, etc., is within the Commission's; that the request was not whether the trees (111- should or should not be removed; that the process on the part of the HOA may not have 004 ) been as successful, as there are homeowners who disagree; that he did not think the City should referee that point; that the Commission acted properly; and that the homeowners must rectify their own problem. Councilmember Spurgin stated that the Commission's action would allow removal of any or all of the trees, but does not mandate that all be removed; and that she did not want to become involved in homeowner's internal disputes. Resolution 18787 upholding the Planning Commission action, was presented; after which, it was moved by Spurgin, seconded by Oden, and carried by the following vote, that R18787 be adopted: AYES: Barnes, Oden, Spurgin & Kleindienst NO: Hodges ABSENT: None INTERAGENCY REPORTS: ' a) Mayor and Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting. b) Note re City Hall Improvement: Although presented during Community Redevelopment Agency Public Comments, contributions were made from Don & Joan McGalleon, and from the Management & Professional/Supervisory Association (MAPS); and during the meeting, checks of $250 from each of the Councilmembers. Councilmember Spurgin noted that thu s far, contributions total approximately $16,000 for the City Hall/Council Chaml'oer renovation program. PUBLIC COMMENTS: a) Comments on matters not related to an agenda item: Abe Zakar, Post 750, on behalf of the Jewish War Veterans of the U.S. Centennial Anniversary, provided a copy of the Mayor's proclamation of March 25-31, 1996, in recognition thereof, along with other information of the association's history and activities. Herb Franson, resident, expressed appreciation to the Councilmembers for their appearances, support and visibility in the conummity. Linda Cooper Lee commented concerning Sunline's requirement for a certain ' number of lie -down appurtenances on wheelchairs before transporting her; and of the ADA provisions which do not require four such appurtenances. Dick Sroda, resident, commented on comparisons between Palm Desert and Palm Springs; stated that lie did not think the sign ordinance, in any form even after revised, will be enforced, and questioned wiry ordinances are not enforced, and whether anyone can negotiate anything. 0031 Council Minutes 3-6-96, Page 5 Joe Foster, resident, stated he has received a letter from the City Manager informing him that if he wished information, lie should make his requests through the City Manager, but that whenever he calls, the City Manager will not speak to him. ' Marian Henderson, Desert Beautiful, offered the services of the organization to help in resolving problems from a different perspective, and invited members to attend their meetings, which are held at various locations throughout the Coachella Valley. b) Comments concerning Item 8: Annette Reiter, Desert Fashion Plaza, urged that the Council take a firm stand on its prior approval of the Car Classic, and not be pressured by last minute (050- demands of promoters to make changes, i.e., with regard to the location of the 028 ) event, and the request to close die street at the changed location. Josephine Pfeifer, Saks, stated that March is the peak season; that the store has been committed to its own growth, and to help in bringing people downtown; and she strongly urged that the Bullocks site not be used for the event. LEGISLATIVE ACTION: 3. MUNICIPAL SOLID WASTE COMPOSTING FACILITY Recommendation: That die Council approve issuance of Request for Qualifications and subsequent Request for Proposal (if more than one qualifier) for a municipal solid waste composting facility. City Manager reviewed details of the memorandum of the Director of Economic Development, noting that the RFQ period will be about three weeks; and that additional (123- trips are scheduled May 2-3 to view three facilities. ) Council expressed support of die project, with recognition that the information will provide hard dollar cost information to assist the Council in whether to proceed with such a facility. Couucilmember Spurgin noted that ultimately it would satisfy the diversion requirements of AB939; and the Mayor noted that failure to do so, could result in a daily fine of $10,000. Minute Order 5699 as recommended, was presented; after which, it was moved by Hodges, seconded by Spurgin, and unanimously carried, that M05699 be adopted. 4. COUNTY TRACT 28226 - ANDREAS COVE Recommendation: That the Council recommend that the Board of Supervisors include City comments and recommendations relative to Tentative Tract 28226, located in the County area south of Acanto Way, west of the Indian Canyons access road; and consider entering into a cooperative agreement, whereby the City would provide planning, building, engineering and other permit and inspection services. Director of Planning & Building reviewed his memorandum, and a brief history of the (123- evolution of the project, noting that the site contains 52 acres, and land for the Indian 014) Heritage Park has been acquired; that there will be a public hearing before the County; that there has been a substantial investment in the project, which is the remnant of the project that was conceived in the mid-1980s; that the fire station proposed site costs are being developed, however, it is not sole -specific to this site, but to the Canyon Specific Plan, which is a city -type project driving a solution of that problem; that setbacks along the Park side are similar on the remaining two sides, and the single-story/double story limitations apply equally, however, the two-story more likely will be split levels and not totally two story volumes; that the Master Plan of Sewers for the area specifies the size of line, which should be sufficient, i.e., since the scale of the project has been downsized from its original concept. 0032 Council Minutes 3-6-96, Page 6 4. COUNTY TRACT 28226 - ANDREAS COVE (Continued) In answer to question by Council, Marvin Roos, Mainiero Smith, representing the applicant, stated that the plan addresses lighting, i.e., there shall be no light pollution, and light standards will be aimed down and not out. In response to question by Council, City Manager staled that he has represented Council concern regarding city services and non-payment of city taxes to the homeowners association, and he expects a decision soon as to the area's desire to annex to the City; and that he fell the City services can be demonstrated so as to arrive at a positive decision for annexation. Resolution 18788 as recommended, was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that R18788 be adopted. 5. CDBG PROGRAM - ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING Recommendation: That the Council approve agreement with Cotton Beland Associates for $12,700 to conduct an analysis of fair housing impediments, as a requirement by the CDBG program, A3642. CDBG Specialist reported that the analysis will serve as a basis for continuing the fair (085- housing planning; that three proposals were received; and recommendation is based on 011) the providers experience and expertise in the area of housing, including fair housing assessments, housing elements and redevelopment housing strategies. In response to question by Council, City Manager stated that a $750 cap will lbe added to the contract amount to cover unanticipated attendance at additional meetings, or other data not provided in the contract. Minute Order 5700 as recommended, was presented; after which, it was moved by Hodges, seconded by Barnes, and unanimously carried, that MO5700 be adopted. 6. STREET SWEEPER Recommendation: That the Council award purchase of a new mechanical broom street sweeper through cooperative purchase with the City of Ontario, from Carde Pacific Corporation for $119,984.85. Director of Public Works highlighted his memorandum, noting that funds are available in the CSA 152 Fund, and a budget amendment will be forthcoming to cover the costs. In answer to question and comment by the Mayor, the Operations & Maintenance Manager stated that the use of CNG engines for buses and trash trucks has been successful, however, the same engine thus far is not available in the street sweeper, and those which have been available have not proven successful in the long-term; that the life of the sweeper is about 5 years; that the next sweeper to be replaced is actually about 8 years old, and it is expected that the CNG potential will be available at that time:, and that in terms of a delay on the subject purchase, the City has tagged onto the participation contract amount; and that COLMAC funds have been used for the three current CNG vehicles, but no further funding has come from that source. (084-- 012;) 7 LJ Minute Order 5701 as recommended, was presented; after which, it was moved by Odell, seconded by Barnes, and unanimously carried, that M05701 be adopted. I 00311 Council Minutes 3-6-96, Page 7 PURCHASE OF PICKUP TRUCKS Recommendation: That the Council approve: A) the cooperative purchase of three mini - trucks through the State purchasing contract, from Lasher Auto Center, for a total price of $45,867 plus tax; or B) three natural -gas -fueled Ford F-150 pickup trucks from Folsom ' Lake Ford, for a total price of $54,507, plus tax. Procurement Manager stated that while the gas engine vehicle is slightly larger, the (084- cornparison to the CNG vehicle is similar. 012) Councilmember Spurgin noted that the specs were given to Plaza Motors, who confirmed that the City had received a very good bid, and that they could not match or better it. Minute Order 5702, awarding purchase of the CNG fueled vehicles, was presented; after which, it was moved by Spurgin, seconded by Oden, and unanimously carried, that MO5702 be adopted. 8. 1996 PALM SPRINGS CAR CLASSIC Recommendation: That the Council suspend specific regulatory ordinances for the production of the 1996 Palm Springs Car Classic, March 28-31. At the February 28 study session, Council indicated intent to also discuss location of the event. City Manager stated that the promoter has indicated that he needs until March 20 before (050- he will know exactly how many cars will be in the event, in order to calculate how much 028 ) of the street needs to be closed. Downtown Development Center Director staled that he understood the sheet closure is desired from Tahquitz to Baristo, at the request of the Los Angeles based company "Spectrum Auto"; that it has not been a timely process; that he thinks merchants like the event, but the process has left a poor reaction to it. Mayor stated that the Council's approval was for the Groman property site, and closure of the street from Alejo to Amado; that the original location was Bullock's but the Groman site was selected because the promoter believed the Bullocks site would be under construction, and not available; that the City's commitment was to obtain reasonable support for the event; that the merchants in the 300-400 block area welcomed it; and that the decision for the Groman site should stand. Councilmember Spurgin agreed, and added that in trying to make events successful, this event would work well at the Palm Springs Mall, which would help draw people to the Mall, and to remove it from whether Palm Canyon is open or not. Councilmember Hodges stated that at the last meeting, it appeared that approval was given by staff for the transition back to the Bullocks site, and whether proper or not, the promoter has invested money in making that change, and the Council should stand behind the staff decision. Mayor stated that the Special Events Team (SET) provides recommendations for the events, and conditions associated with therm, and should not be construed as having authority to approve street closures or the events, and the final action rests with the Council. City Manager stated that from the promoter's point, he did not know if the Bullocks site would be available; that he and Mr. Ogburn concluded that it would not be; that it appeared to SET that this was a new venue, and it began planning it from that perspective, and it was only when the downtown merchants were aware that it was going back to the Bullock's site as it had the year previously, that the confusion surfaced. He stated that there needs to be clarification of procedures, and lessons have been learned from this experience. Council Minutes 3-6-96, Page 8 8. 1996 PALM SPRINGS CAR CLASSIC (Continued) Mayor stated that Mr. Marek is experienced in planning events in the community, and it was erroneous to assume that he could simply replace one for the other; that streets will remain open this year, however, die Council was agreeable to a temporary closure for this one event, because it knew die nature of it, and the desired location. ' Mr. Ogburn stated that he informed Mr. Marek that he thought it inappropriate to move (050- the event, when such efforts had been made to secure the Groman site; that the Groman 028 ) site, basically, is no longer available as the "wall climb" is scheduled for the site; that he has not seen the layout of the event at the Bullocks site, and is not familiar with the proposed site for food/beer & wine. Councilmember Barnes stated that the ball has been totally dropped, and he was angry of having marketed an event without 100% assurance of its location, or approval. Councilmember Spurgin stated that the idea of the events are to bring people downtown to shop and use the food establishments, and she did not support the promoter bringing in food and alcohol sales. Mayor stated that he was not happy with what has happened, and it is unacceptable; that he felt frustrated by the situation; drat this is a totally incomplete submittal; and more questions need answers. Councilmember Oden stated he felt very uncomfortable with the program; that 30 days before the event, the issues are still be worked out, and it is unfair for the Council to be placed in this position, especially since the promoter is not new to the process,; and that Ire would like to see the event, but not conducted in this way. It was moved to continued this matter to an adjourned meeting on March 13, 1996, and ' during the interim added information be provided, including specifics as to beer/wine and food sales - who provides, where and how is security covered - the terms of the 5-year agreement, hours of operations; said motion made by Hodges, seconded by Barnes, and carried by the following vote: AYES: Barnes, Hodges, Oden & Kleindienst NO: Spurgin ABSENT: None 9. MID VALLEY PARKWAY RIGHT-OF-WAY ACQUISITION Recommendation: That the Council approve an agreement with Overland Resources Land and Right -of -Way Services Company for the acquisition of r/w and slope easements for the Mid -Valley Parkway Phase I west end, including 4-lane Dinah Shore Bridge and Mesquite Avenue, for $9,200 (a joint CVAG/Cathedral City/Palm Springs Regional (123- Measure A project), A3645. 020) In answer to question by Council, Director of Public Works reported that it was anticipated that the SB 300 funds would continue, however, they will not extend beyond June 30, 1996, and it was not possible to have applied for them[ any sooner; and that SB 300 funds will cover about 25% of the project cost. Minute Order 5703 as recommended, was presented; after which, it was moved by Spurgin, seconded by Oden, and unanimously carried, that MO5703 be adopted. ' 10. ADDITIONAL LEGISLATIVE ITEMS: - None CONSENT AGENDA: it. MO 5704 approving purchase of repair parts for the overhaul of engines at the (052- Cogeneralion Plants from Johnson Power System, not to exceed $40,000. 001) 003.S Council Minutes 3-6-96, Page 9 12. MO 5705 approving purchase of repair parts and inspection, testing and certification (052- services for protective relays, circuit breakers, transformers and meters at the 001) Cogeneration Plants from Power Engineering Services, Inc., not to exceed $30,000. 13. MO 5706 approving purchase of one 4x4 truck from Lasher Dodge for $17,000 plus tax, (084- ' through the State purchasing contract. 012 ) 14. MO 5707 awarding purchase of 3 unmarked vehicles for the police department (materials (084- and information to be provided at the meeting). 012 ) 15. Res 18789 approving Payroll Warrants and Res 18790 and 18791 approving Claims & (086- Demands. Abstained: Hodges: #907468, 907482, 907613, 907100; and Spurgin: 014) #907660,908068. 16. MO approving Settlement Agreement, effective March 1, 1996, the case of Rodriguez vs. City of Palm Springs, Case No. I-70151, Superior Court of Riverside County. Continued to March 13, 1996. It was moved by Spurgin, seconded by Barnes, and unanimously carried, that Resolutions 18789 through 18791 and Minute Orders 5704 through 5707 be adopted. See Item 15 for abstentions. ADDED STARTERS: None REPORTS & REQUESTS: 17. TREASURER'S REPORTS - Received for Filing a) Quarterly, through December 31, 1995 (121- b) Monthly, Summary of Investments, December 1995 002 ) CITY COUNCIL reports or requests 18. BOARD & COMMISSION APPOINTMENTS a) C.V. Mosquito Abatement District: It was moved by Spurgin, seconded by Oden, and unanimously carried, to confirm the reappointment of Mr. Leslie (060- Pricer for term ending December 31, 1997. 013) b) Annual Recruitment: Consensus of the Council was to establish March 31 as (060- deadline for filing applications to fill interim and annual vacancies occurring June 010 ) 30, 1996; that establishment of sub -committees for application screening be deferred; and that existing commissioners who are eligible for consideration of reappointment, shall also be required to file new application forms. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT There being no further business at 10:40 p.m. Mayor declared the meeting adjourned to a Closed Session, to continue items previously posted, and thereafter reconvened at 11:15 ' p.m., at which time City Attorney reported on matters discussed and that no action was taken; after which, Mayor declared the meeting adjourned at 11:20 p.m., to Joint Meeting with the Tribal Council on Thursday, March 14, 1996, at 2:00 p.m., Large Conference Room, City Hall. DITH SUMICH City Clerk