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HomeMy WebLinkAbout1996 - MINUTES - 7/17/19960135 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 17, 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, July 17, 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, Spurgin, and Mayor Kleindienst Absent: Councilmember Oden (Attending League of Calif. Cities meeting) The meeting was opened with the Flag Salute, and an invocation by LaVeta Dillman, Chapel on the Way. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on July 12, 1996. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. APPROVAL OF MINUTES: It was moved by Hodges, seconded by Barnes, and unanimously carried, that the Minutes of June 26, 1996 be approved. PUBLIC HEARINGS: 1. C.U.P. 5.0720 STROKE ACTIVITY CENTER ' Recommendation: That the Council approve a conditional use permit to relocate the Stroke Activity Center from its location on North Palm Canyon Drive, to 2800 E. Alejo (078- Road (formerly Bird Building). 056) Director of Planning & Building reviewed his memorandum, noting that the Commission evaluated the parking, landscaping, and other issues; and recommended the deletion of one condition of approval, which is so reflected in the proposed resolution. Mayor declared the hearing open; there being no appearances, the hearing was closed Councilmembers expressed comments as to the long-standing vacancy of the property, and pleasure that it was being improved. Resolution 18862 as recommended, was presented; after which, it was moved by Barnes, seconded by Spurgin, and unanimously carried, Oden absent, that R18862 be adopted. PD 243 - AJALON BAPTIST CHURCH Recommendation: That the Council approve a planned development district to allow a multi -purpose educational building and parking improvements to church on the SE corner of Tramview Road and Granada Avenue, R-1-D, Sec. 34 - Ajalon Baptist Church. Director of Planning & Building reviewed his memorandum, noting that the project was (116- fast -tracked; that the site plan was revised from a prior submittal, and the latest plan is 112 ) the best to have come to the Commission; and that the Commission was very happy with the new site plan. He displayed plans on the board, noting the property layout, and adjoining parcel acquired for parking. Mayor declared the hearing open. The following persons spoke in support of the application, noting its benefit to the spiritual and educational needs of the local community, as well as the community as a whole: 0136 Council Minutes 7-17-96, Page 2 2. PD 243 - AJALON BAPTIST CHURCH (Continued) Todd Dauphine, Cathedral City, noted that it will serve as a place for young people to resolve problems, and to deal with those things that have been deterrents for positive life- styles; including the opportunity to work on self-esteem, morale, etc. Ms. Evril (?) Black, 797 Las Vegas Road, slated that it will be a place for the ' development of mind, body and soul; and serve to catch young people who fall through the cracks in the public education system; and that they will be looking to include a library, computer programs, and fine arts programs Lorenzo A. Thomas, resident, stated that secular and Christian education needs to come together; and educating people "Christ -like" will raise the image of Palm Springs; and lie urged that the Council not just approve the project, but to support it and give it a boost. Bill Howlett, representing the applicant, stated that one problem in the neighborhood is self-esteem; that it takes example to change direction and help a person to grow; that young people will not only be learning Scriptures, but also past and present African - American History; that there are financial hardships in getting the project completed; that many of the church members are seasonal workers, and it will take a great deal of effort and concentrated finances to achieve it; that there is value to more than just the local neighborhood, rather for the community at -large; and he requested that the: Council consider assisting in resolving some of the expenses, perhaps by waiving or reducing some of the building fees. There were no further appearances, and the hearing was closed. Councilmember Hodges stated that the request concerning feet, is something dltat would have to be discussed with staff; that many of die fees are not within the City's control; that the area is in a redevelopment project area, and perhaps something can be done in ' that regard. Resolution 18863 as recommended, was presented; after which, it was moved by Hodges, seconded by Barnes, and unanimously carried, Oden absent, that R18863 be adopted. C.U.P. 5.0719 - PACIFIC BELL MOBILE Recommendation: That the Council approve a conditional use permit to install a 55-ft high monopole antenna at 490 E. Sunny Dunes Road, C-M, Sec. 23, Pacific Bell Mobile. Director of Planning & Building reviewed his report, noting that the antenna will be the fourth such facility in the City; that the overall height is 55 feet, compared to a 49-foot (078-. telephone pole; that the actual antenna is 9-ft, and nothing hangs off of it; that the nearest 057 ,) residence is 93-feet away along Calle Roca; that the property owner of that residence attended the Planning Commission meeting, and opposed the proposal, as he fell there were already enough poles and towers in the area, and did not want anymore; and that the Commission approved the project by a 5-2 vote. In answer to question by Council, Director of Planning & Building stated that the dissenting commissioners agreed that there should not be additional poles in the: area. I-Ie stated that the applicant was unable to locate a building, where the property owner was in agreement, upon which to place the pole; and that should the utility lines be undergrounded in this area, the relocation costs for the subject project will be that of the ' Pacific Bell company and of the property owner. Mayor declared the hearing open. Robert Medina, Pacific Bell, Costa Mesa, stated that the system is an evolution from cellular to digital technology; that the FCC has auctioned radio spectrum frequencies, and the completion by Pacific Bell of its system, will make it the largest seamless network available. There were no further appearances, and the hearing was closed 0137 Council Minutes 7-17-96, Page 3 3. C.U.P. 5.0719 - PACIFIC BELL MOBILE (Continued) In answer to questions by Council, Director of Planning & Building stated that the site is in a redevelopment project area; that Condition 3, to which the City Attorney has suggested some additional language, provides for a total of 25 years in CUP extensions, ' subject to Planting Commission renewal each five years, and a condition which provides that if technology changes, the company will have to retrofit or remove the structure; that generally there is no public hearing on CUP extensions, but it could be added. In answer to question by the Mayor, Mr. Medina stated that the CUP extensions correspond to the 30 year lease on the site; that Motel 6 was a possible alternate site location, however, the Architectural Committee, nor the Commission, like the appearance; and the company was unable to secure another location. Resolution 18864 as recommended, CEQA was presented; after which, it was moved by Hodges, seconded by Spurgin, and carried by the following vote, that R18864 be adopted; AYES: Barnes, Hodges, and Spurgin NO: Kleindienst ABSENT: Oden 4. RSPB 29 - KAUFMAN-HARRIS RESIDENCE Recommendation: That the Council designate the Kaufman -Harris Residence at 470 W. Vista Chino, as a Class I historic site; and agree to enter into a "Mills Act" contract with the property owner to provide an appropriate incentive for the continued property restoration of the site, subject to referral to the Historic Site Preservation Board, and in (076- a form subject to approval of the City Attorney. 001) ' Associate Planner described the site, and its historical significance, as well as that of its architect, Richard Neutra, noting that it was an award -winning residence, very well recognized throughout the world, and that the current owners are renovating it and restoring it to its original form, which will bring stature to Palm Springs in the Southern California architectural and historical society community; and that once completed, it will be widely publicized, and will draw people to Palm Springs. He explained the Mills Act, which has been used in San Diego, Los Angeles, and other major areas. Mayor declared the hearing open. Dick Sroda, resident, commented on the covered fence and hoped it would only be temporary. Leo Marmol, architect and contractor, stated the covered fence was in sensitivity to the surrounding neighborhood while the renovation is underway, and will be removed upon completion; that the house is one of the most publicized in the history of architecture, and "modern" living, and virtually redesigned and revolutionized "home -living" and represents a larger body of work done during that era. Brent Harris, property owner, stated he considered himself a guardian/owner of the property; that the site deserves to be at the top of the list in architecture, and one which will bring acclaim to Palm Springs; that the house publicizes itself; that he recommends the historic site designation, and the Mills Act agreement will help him in maintaining the ' site as such. Don Jones, 511 Chino Canyon Road, stated his residence is directly across the street, and stated that lie recently read a two -page article in the "New York Times" about the reconstruction of the house; that it has been one and one-half years since the project started, which he recognized as a labor of love; and that he was supportive of the effort and the positive impact it will have on the City and the neighborhood. There were no further appearances, and the hearing was closed. 0138 Council Minutes 7-17-96, Page 4 4. HSPB 29 - KAUFMAN-HARRIS RESIDENCE (Continued) In answer to question by Council, Associate Planner reported that the question of use of the Mills Act was the subject of a prior joint meeting between the Board and the Council, and related to application to an historic district, but this is the single application to one site specific. Councilmembers expressed appreciation for the project, and the positive benefit it will add to the community; and thanked the owner, the sensitivity to tbie neighborhood[, and tine Board for bringing it to fruition. Mayor added that it was truly wonderful to see a piece of "architecture" being restored to its original glory, and bringing recognition that Palm Springs was a place where modern architecture was explored and, in some cases, discovered; and that in restoring the house, the owner has removed approximately 1,600 square: feet of earlier building addition. Resolution 18865 as recommended, was presented; after which, it was moved by Hodges, seconded by Spurgin, and unanimously carried, Oden absent, that R18865 be adopted. MAINTENANCE DISTRICTS - ANNUAL ASSESSMENTS On June 2, 1996, the Council declared intent to establish annual assessments for Street Lighting Maintenance Districts 1, 2, 3, and 4; and for Parkways Maintenance: Districts 6A, 6B, 6C, 7 and 8, and set this as time for hearings. Director of Public Works highlighted his memorandum, noting that no protests were received, nor were ;my of the assessments increased over last years. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. Resolutions 18866 through 18872, as recommended, was presented; after which, it was moved by Spurgin, seconded by Barnes, and unanimously carried, Oden absent, that R18866-18872 be adopted. INTERAGENCY REPORTS: a) Councilmember Spurgin reported on attendance at the CVAG Public Safety Committee meeting. PUBLIC COMMENTS: a) Comments on matters not related to an Agenda item: Leslie Howard -Gathers, resident, and member of the P.S. Renovation Committee, reported on progress of the sale of spaces on the "Palm Springsopoly" board game. Dick Sroda, resident commented on recognition Palm Springs has recently received, expressing his opinion that it is not good, and commented on perceptions and reality, and damage that focus on "nudity" has generated. Linda Cooper Lee, resident, commented on Sunline Transit Route 24, and her opinion as to the disastrous effect it will have on Palm Springs riders; and of her opinion of Sunlhne General Manager. Bradley Fairbanks, Thousand Palms, commented concerning SCE, PSG&E, and SDG&E disconnection of service, fraudulent use of electric meters, blackmail, extortion and non-feasance. Deborah Ford, Desert Hot Springs, commented on lack of interview by the free media, and investigation of the Brakescrew charges against the utility companies. (056- 007 008 021 022) (138- 002 003 006) 0139 Council Minutes 7-17-96, Page 5 Lowell Simpson, Brakescrew, commented on televised programs, and other personal appearances, he has made concerning charges against the utility companies. Ron Cole, resident, suggested that the P.S. Renovation Committee should have -� drawn lots on die sale of the inner space on the game board; and commented concerning Smiline Board composition, i.e., Chairman is from Indian Wells - a community which he did not think generally had bus ridership; and commented that if the City subsidizes American Airlines for one flight during the summer, why it should not do so with other airlines. Darrell Meeks, resident, questioned when a report on annexation of Bellamonte would be forthcoming; when the Council will deal with the road race; painting of curbs back from red to white; opinion that the Council should take a strong stand against the P.S. Suns for what he considered disgraceful and embarrassing efforts to increase attendance; questioned why the City hired an audit firm, and then entered into an agreement for a government and public affairs consultant, or a firm to re-evaluate the downtown parking report; that lie felt Item 16 was an additional extension; and that he favored a guarantee bond on Item 6. Fred Ebeling, resident, stated that Palm Springs is not listed on a particular "intereet" inquiry he made as to the best places in which to live; and the Council needs to address the perception issues raised at the Cabinet meeting on July 10. b) Comments concerning Item 6: Robert Austin, partner of Golden Sands Mobilehome Park, stated that the park provides affordable housing, and the base rent in 1985 was $145, and currently is between $232-$241; that the annual increase has only been $3-6, leaving little reserve for improvements; that the park was excluded from prior assessment (128- districts, and if the connection must be via Sunrise Way, it will remove the 001) affordability of the park; that a pass -through or surcharge would prevent installation of the sewers; and that they want to install them as soon as the easement across the golf course can be resolved. James Dorsey, Box 1060, North Palm Springs, stated that the engineering design for the sewer did not take into account the mobilehome park, since it is at a lower elevation, and a lift station would be required. He submitted a letter, which he read and which is on file with the City Clerk; and slated that the access through the golf course provides the minimal fall needed, to make the system workable, and at the least cost; that the lift station would be an on -going penalty to continuing operation of it; that the City was ready in 1985, but they did not receive any response. He requested that there not be any penalty in terms of interest on the original fee in 1985. Charles Shultz, attorney representing San Rafael Development and other investors, stated that the historic data has been described, and there was discussion between the attorneys in the past, but someone failed to follow-up; that the mobilehome park has some fault, as well; that the sewer system needs to be replaced, ranging in costs from $75,000 to $225,000 if the lift station and access to Sunrise is required; that the proposed interest discussed at the last meeting is requested to be waived; that the park was not included in the engineering concept ' when the sewers were designed; that he believed it is a pre-existing, non- conforming use and asked that fees be waived, and the original conditional 3-year agreement be approved; that die sewer fee of $56,000 will be paid immediately; and that they will negotiate with the golf course for the easement. LEGISLATIVE ACTION: 1014Q Council Minutes 7-17-96, Page 6 6. SEWER CONNECTION PEE - GOLDEN SANDS MOBILE HOME PARK On July 3, 1996, the Council continued consideration of conditional request for reduction in [he sewer facility fees for connection of the mobilehome park to the sewer system. City Manager reported that the request was considered at the last meeting; that the 1985 fee was that in effect as was requested to be applied at this time; that if adjusted for interest since that time, it would be an additional $62,701, for a total of $120,389; and that he recornmended granting the reduced fee, with the conditions for connection as previously noted. Councilmember Barnes stated that the owners, and their representatives, have made a good case for placing them in a "wait and see" position, rather than a "want to sell' position; that he would not consider providing assistance until it is shown that they have made every effort to get the right-of-way; and that he would not ask for the interest on the fee. Councilmember Hodges stated that her first impression was that the City should be entitled to some form of interest, and the remainder of the taxpayers should not have to pay for this connection not having been made; that after hearing the testimony, that letters (12$-. had been sent in the "1985 era" and knowing from her personal experience in dealing 001,I with the City at that time, that a response was not always made by the City, she considered the matter in a different light; that she was still concerned whether the connection will actually happen; that perhaps language could be added, that there will be no further extensions, and whatever connection fee is in place at the time that comrection filially occurs - should that be later than the 3 years time proposed - shall be the amount to be paid. Motion by Hodges, was seconded by Spurgin, to approve the recommendation, as submitted, subject to additional language to be developed by the City Attorney, to encompass the above condition. In response to question by Council, Director of Public Works stated that in designing the sewer system it is not always practical to be done in such a way to permit everyone to contract directly; and that lift stations have been installed elsewhere, and it is not an uncommon situation. City Attorney noted that if the applicant pays the fee as prescribed in the recommendation, which would be paid immediately, he has satisfied that obligation; that the difficulty is that comrection may be difficult to work out iT they cannot acquire the easement; that if the proposal is to later escalate the fee, he was not certain that the Council would be able to do that; that perhaps the fee can be paid, along with providing a note which would be forgiven if the work is completed as proposed, otherwise the payment of the note would be sought by the City; that the Council could stipulate that it would not automatically grant a further extension, but may consider a request. He questioned if the Council desired a mechanism that if the conclusion is that the applicant has not gone forward in good faith, that the Council desired to impose the fee then in place, vis-a-vis a note which included a provision for forgiveness. He stated that there is an estimate for hookup based on the more expensive procedure (Surnise Wray and lift station) which would be the amount to be covered by the bond, and which world require that the surety install the sewer if not completed; that bonds can be a problem, and are somewhat messy, but are a form of security; and that no amount has been provided to cover the cost of legal services to review and prepare the bonds, and he suggested a , deposit of $5,000 to be paid with the initial deposit, and against which actual charges would be applied. Motion by Spurgin, seconded by Barnes, to amend the original motion to add the $5,000 deposit to cover legal fees, was unanimously adopted; Oden atisent. Resolution 18873, as revised, establishing a sewer connection program for the Golden Sands Mobile Home park, was presented; after which, motions by Hodges, seconded by Spurgin, and unanimously carried, Odell absent, that R18873'be adopted. Council Minutes 7-17-96, Page 7 PM-10 - CVAG MOU RE: REIMBURSEMENTS Recommendation: That the Council approve a memorandum of understanding with CVAG regarding reimbursement of expenditure of funds for PM-10 project in the City (123- (CMAQ, ISTEA, TSM state and federally funded programs), A3681. City Manager 011) -' highlighted the memorandum of the Director of Transportation. Minute Order 5777 as recommended, was presented; after which, it was moved by Spurgin, seconded by Hodges, and unanimously carried, Oden absent, that MO5777 be adopted. AB1202 - RENEWABLES PORTFOLIO STANDARD Reconnuendation: That the Council consider supporting a Renewable Portfolio Standard (098- as proposed in Assembly Bill 1202, as amended. 003) City Manager highlighted his memorandum; and responded to question by Council, that the legislation should not have an adverse affect on the City's application pending before the FERC. Resolution 18874 as recommended, was presented; after which, it was moved by Hodges, seconded by Barnes, and unanimously carried, Oden absent, that R18874 be adopted. 9. ADDITIONAL LEGISLATIVE ACTION: None CONSENT AGENDA: A separate report was given on Item 13, to respond to question for clarification; and motions were made, seconded, and duly carried, Oden absent, and with abstentions as noted, that the following ' items be approved: 10. MO 5778 approving Amendment 3 to License Agr 2860 with Ronald L. Miller dba (051- Country Club Limousine, to remove requirement for vehicle inspections by an 027 ) independent mechanic approved in advance by the City, and to provide lease language clarification. 11. MO 5779 authorizing City Manager to accept federal grants related to the Airport's Noise (051- Abatement Program and Relocation of Taxiway "A". Kleindienst abstained (business 020) relationship). 12. MO (Continued to 7-31-96) authorizing standard professional services agreement with (143- James Cioffi, Architect, for design services related to the Rail Station Shelter, for 006 ) $34,000, plus reimbursables, subject to grant allocation from the California Transportation Commission. 13 . MO 5780 awarding contract for unarmed security services at the Airport to Wackenhut (051- Corporation, for a total contract not to exceed $40,000, A3682. 074) 14. Res 18875 approving final development plans for PD 236, for a 3-lot single-family project on the NE corner of Asher Drive and Tachevah Drive, R-1-A, Sec. 11, Landau (116- Development. Hodges (business relationship) and Kleindienst (proximity to residence) 106 ) abstained. ' 15. Res 18876 approving Final Parcel Map 28119 to divide property at 690 and 708 Tachevah (119- Drive, Sec 11, Landau Development. Hodges (business relationship) and Kleindienst 001) (proximity to residence) abstained. 16. Res 18877 accepting gift deed for 80 acres for open space located in Palm Hills, Sec 15. (109- 009) 0142 Council Minutes 7-17-96, Page 8 17. Res 18878 awarding contract to James T. Dunphy Co., for the Airport Ticket Wing Expansion Project, CP96-03, for a lump price of $455,000; and delegate project (051- administration functions to the Director of Transportation; and approve Change Order No. 055 ) 1, thereto, for an increase of $44,000 for additional masonry security wall, A3683. Barnes abstained (business relationship). 18. Res 18879 and 18880 approving payroll warrants and claims & demands. Abstentions: (086- , Hodges #911755, 911858; Kleindienst #911900. 014) 19. MO 5781 awarding contract to re -roof Fire Station 2 to Al Milder & Sons Roofing, Inc., (117- for $68,235, CP95-41, A3684. 013) ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Mayor and Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting. b) Mayor reported on fiber optics meeting, in Qrat GTE has indicated Palm Springs has been designated as the first region of choice in California, being; the most ready, prepared and willing to accept fiber optics. He, also reported on the first Council Cabinet meeting. PUBLIC reports or requests - None STAFF reports or requests - None , ADJOURNMENT There being no further business at 9:45 p.m., Mayor declared the meeting adjourned to July 31, 1996, at 7 p.m., preceded by Closed Session; and Council workshop on July 23 at 5 p.m., in the Large Conference Room, City Hall. JUDI H SUMI /H `� City Clerk