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HomeMy WebLinkAbout1997 - MINUTES - 4/16/1997 CITY OF PALM SPRINGS CITY COUNCIL MINUTES April 16, 1997 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Meindienst, in the Council Chambers, 3200 Tahquitz Canyon Way, on Wednesday, April 16, 1997, at 5:30 p.m., at which time the City Attorney announced items to be discussed in Closed ' Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present:Council members Barnes, Hodges, Oden, Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, led by Boy Scout Troop 905, and a moment of silence. REPORT POSTING OF AGENDA: Assistant City Clerk reported that the agenda was posted in accordance with Council procedures on April 11, 1997. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities). See page 5 of agenda this date. HOUSING AUTHORITY; FINANCING AUTHORITY; INDUSTRIAL DEVELOPMENT AUTHORITY; COMMUNITY REDEVELOPMENT AUTHORITY: No business. PRESENTATIONS: Chamber of Commerce Economic Development Award to Tracy Conrad and Paul Marm, The Willows. APPROVAL OF MINUTES: It was moved by Oden, seconded by Hodges, and unanimously carried that the Minutes of March 26 and April 2, 1997 be approved. COUNCIL COMMENTS/ANNOUNCEMENTS a) Mayor and Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. PUBLIC HEARINGS: 1. 1997-98 CDBG BUDGET Recommendation: That the Council approve the proposed 1997-98 CDBG Budget, as recommended by the Citizens Advisory Committee; and authorize the City Manager to execute subrecipient agreements for the 1997-98 program. CDBG/Housing Specialist reviewed the staff report and added that the Council directed the Committee to focus on two priorities, to preserve and rehabilitate the City's existing single- (085- family and multi-family housing stock and to expand the City's economic base, increase 013) private sector investment, and promote greater employment opportunities; that Committee makeup was changed to reflect representatives with backgrounds in either the housing industry or the economic development field; and expressed appreciation to the Committee ' mer..bers for the time and dedication given. Mike Fontana, Chair Advisory Committee, stated that many hours were spent going through the process; that many applicants did apply; that the Council was specific in the objectives of housing and economic development; that the criteria imposed was low/moderate income; that the interest was focused on those that could successfully complete and yield economic benefits; that the recommendations are being presented for Council consideration; and that should the Council choose to give additional direction to the Committee, they would be available to continue the process. Mayor declared the hearing open. Council Minutes 4-16-97, Page 2 1. 1997-99 CDBG BUDGET (Cont'd) Marc Haupert, Executive Director Desert Aids Project, read a prepared statement, copy on file in Office of the City Clerk, requesting 1997-98 CDBG funding. , Kathryn McMillian, Catholic Charities, stated that Catholic Charities has been providing service to the Community for over 20 years; that 12 years ago„ a support for homeless family shelter was started; that the City of Palm Springs has supported the efforts; that the homeless shelter is a model for other communities; that the shelter has housed over 300 children and 200 adults; that the request for funding this year has been denied; that the purpose of the shelter is not only to provide housing but to assist people back into the main stream of society; that the majority of the people that come to the; shelter are 100% below poverty level, and she requested reconsideration of the 1997-99 CDBG funding. Wendy Burgess Frederick, requested reconsideration of the 1997-98 CDBG funding allocation for CVHC; and added that a portion of the grant will be used to revitalize property located in the Chuckawalla area. James Jesse, Desert Nghland Unity Center Director, stated that the 1997-98 CDBG (085- allocation for the job training and literacy programs for the Center was denied'; that the 013) funds are needed to help educate and train people to obtain jobs;, that denial of the funds also affect matching funds that are granted to the Unity Center; that failure to provide funding will be a great loss to the community and to the participants in the programs, and he requested Council reconsideration of the funds. Darrell Meeks, stated that the entire process should be questioned; that in his opinion the funds were not allocated properly; that some of the Committee members do not ;five in the City of Palm Springs; that the requirements that are set forth for allocating funds to ' organizations are not being met; that the Act is clear in the requirements; that the process to follow is clear in the Act; and that those rules are not being met. Dick Sorda, stated that the process is the same every year, that those that receive funding think the process is good, those that are denied think the process is bad; that the benefits of the CDBG allocations should be for the residents of Palm Springs; that Committee members should not be composed of people who do not live in the City; that a request for funding by the Senior Center was denied, and he feels they need the funding nrore than others. There being no further appearances, Mayor declared the meeting closed. Mayor stated that the finding allocations are not a series of priorities set by any one member of the City Council; that the Council's objectives were set in the Consolidated Plan several years ago; that the Council could have chosen various priorities from it, but chose two; that the specific priorities were given to the Economic Development Department to implement the policy; that the citizens group was reconstructed and that the recommendations are a result of the group and staff adhering to Council priorities; that there are members outside of Palm Springs that are on the Committee; that some funds are given to organizations outside of Palm Springs; that the City cannot house all the needs of all the low and moderate income; that if Desert Aids Project were located in another City, that would not preclude the City of Palm Springs from assisting; that the allocations for CDBG funds has always been controversial; that Council endeavored to give clear and concise direction to the Committee and staff; that those directions, were followed; and that , the Council can approve the recommendations, or make modifications. .. 011 ,� NP` Council Minutes 4-16-97, Page 3 1. 1997-98 CDBG BUDGET (Cont'd) Councilmember Spurgin stated that having sat on the Committee for three years, it is a tough job; that the particular funding allocation is not agreeable to her; that this is not a political process, but a humanistic one; that past groups do have success stories; that the Council met with the Fire Department representatives regarding the reserve program, and yet it was not recommended; that as the outreach nurse at the Senior Center she is exposed to the elderly who depend on programs such as FIND; that the allocation for that program was denied; that the Boys and Girls Club has served this community for years but it was turned down; that the recommendation presented suggests allocating funds to organizations that have no history in the City; that the Council was given a list to select its priorities; that it was not clear to her that the entire block grant process would be changed; and she recommended the Council reconsider the recommendation. Councilmember Oden expressed appreciation for the many hours the Committee gave to the project; that he concurred with Councilmember Spurgin; that there are concerns about the process; that the non-profit groups.take care of the community; that there is a history and track record set by some organizations; that many calls were received questioning the process, and the denials; and that the process and recommendations need to be re-examined. Councilmember Hodges concurred with the previous statements and stated that she is always interested in keeping the money in the community; which is what the funds are for; (085- that there is concern with new programs starting up, and whether they will succeed; that 013) there are a lot of organizations that did apply for funding that have a proven track record; and that the Council should review the requests, get additional information, and reconsider the requests. Councilmember Barnes concurred with previous statements and added that the allocations of CDBG are humanistic; that it is disagreeable to use the funds for city projects; that there are some exceptions to that such as the Fire Department; that the issue of the Crossley Tract does have concern and questioned the length of the commitment. CDBG/Housing Specialist stated that the City is in the third year of a four-year phased project. City Manager stated that the Crossley Tract issue would be reported back to Council to include whether this year's funding could be deferred. Councilmember Spurgin stated that there is past allocation funding that has not been used; and questioned whether the City could reprogram those fiords for current use. Mayor stated that if a new process is started, it is uncertain where the City would stand; that maybe the Council direction was too focused on economic development, but that it would be difficult to throw out the recommendation to free up funds; that the review process has been informative; that it may be that the Council did make a mistake, but that the concern is for those who did adhere to the set process; and made a decision to stay on board with the Council directed priority; that it is now being indicated that a new set of priorities should be given; that if that is so, he questioned if all parties would have to resubmit their applications; that the Council has been kept up-to-date on the progress; that there is only one month left to approve the funding; and that it is questionable if the entire process can be redone at this time. City Manager stated there is no way to reopen the process to meet the May 7, 1997, deadline; that it is clear the Council has concerns for those programs that have historically been given allocations; that it may have been best to wean those organizations off the funding gradually; that it may be that the Council's priorities and past practices for the allocations could be worked out; and suggested that if each Councilmember could send a list of those that meet their objectives to him, and the matter be continued to the April 23, 1997 for further discussion. Opt;l s Council Minutes 4-16-97, Page 4 1. 1997-98 CDBG BUDGET (Cont'd) Councilmember Barnes stated that there is concern for those organizations that may not have been recommended; that staff could review those and forward them to the City Manager for inclusion in the listing. ' It was moved by Oden, seconded by Hodges, and unanimously carried that the matter be continued to April 23, 1997 Study Session. 2. AA3.1520 - DANA KAY APPEAL Consideration of an appeal by Dana Kay dba Covers for Lovers, from Planning Commission conditions for architectural approval to remodel building at 360 W. Racquet Club. Director of Planning &.Building reviewed the staff report, no further report was given. Mayor declared the hearing open. Dana Kay, applicant, stated that there seems to be a problem with the Planning Department; 111- that this project was very simple; that it has turned into a six month stress, and still no 001 building permit; that the City is taking easements from the property, giving nothing in return; that the City is requiring olive trees in the front show window, an eight foot sidewalk to Lochmann's; that all the other requirements imposed by the City have caused a depletion of her funds; that it is time to issue a permit; that it should be issued immediately; that property should not be required to be dedicated; that everyone knows how awful it is to deal with the City of Palm Springs Planning Department; that tiimes are worse now than years ago; that the Council should consider replacing the department with new people who are honest; that she is constantly told one thing one day and then another the next day; and , she requested the Council uphold the appeal. There being no further. appearances, Mayor declared the hearing closed. In answer to questions by Council, Planning Director stated that the property was originally zoned commercial; that the applicant is the original owner; that the 3 olive trees will be in the front of the building; that the configuration of the entrance is relatively the same as the original. Councilmember Hodges recommended the Council review each condition; that there are some conditions such as the public art fee that everyone has to pay; that flood control fees are not controlled by the City; and that some conditions are added for safety or legal reasons. Councilmember Barnes questioned what the Planning Commissions position was on the olive trees; whether condition H2O for the chain link was acceptable to the applicant; and stated that the public art fee is a part of the fee structure. Dana Kay, applicant, stated the desire is to replace the fence, but only -when new development on the west side of the property occurs; that the request is to add the language to the conditions. Director of Planning & Building stated that the applicants request and the; Planning ' Commission approval have the same intent; that the chain link can remain until the property is developed on the west side; that the discussion was as to what type could occur at the time of the property development. Councilmember Barnes clarified the intent to the applicant. Dana Kay, applicant slated that the condition was agreeable. City Attorney questioned whether the Council desired to reopen the hearing, and if not, the applicant should not be responding. Council Minutes 4-16-97, Page 5 2. . AA3.1520-DANA KAY APPEAL (Cont'd) Councilmember Barnes questioned whether the trash would be in an enclosure or held in trash cans; and stated that the driveway approach should be a width of 26 feet; that some of the conditions are standard, such as the 8' sidewalk; and suggested reducing the number of olive trees from three to two. Planning Director stated that the trash will be held in an enclosure and in cans; that the condition is based on being screened and accessible to waste disposal services; and that the number of trees could be reduced. City Manager stated that language should be added that if the standard form of documents written by the City Attorney is not acceptable to the applicant, and that an related City Attorney costs for revisions shall be borne by the applicant. Mayor stated that the recommendation by the Planning Commission is fair and reasonable; that the zoning has been in place many years; that the issue of three trees could be reduced to two; that it may be desirable to consider extending the landscaping westerly to Loehmann's; that usually a complete landscaping plan is submitted; that the entire project should be landscaped; that the Commission has been lenient; and that the recommendations do not seem to be excessive. Motion by Mayor to uphold the Planning Commission decision was presented and failed due to a lack of second. Resolution 19013 upholding Planning Commission action, and revising Condition 3 to reduce olive trees from three to two was presented; after which, it was moved by Barnes, seconded by Oden, and carried by the following vote, that R19013 be.adopted. ' AYES: Barnes, Hodges, Oden and Spurgin NO: Kleindienst ABSENT: None 3. STREET VACATION - PORTION OF ANDREAS ROAD, SECTION 14 Recommendation: That the Council approve the vacation of portion of the right-of-way dedicated for Andreas Road, west of Sunrise Way, at the request of the adjoining property owner. Director, Department of Transportation reviewed the staff report and no further report was 145- given. 001) Mayor declared the heating open. Darrell Meeks, stated that Savon Drug store will never locate in the area. John Sanborn, Project Engineer, stated that the project is ready to proceed and requested Council approval of the vacation. There being no further appearances, Mayor declared the hearing closed. ' Resolution 19014 as recommended was presented; after which, it was moved by Hodges, seconded by Barnes and carried by the following vote that R19014 be adopted. AYES: Barnes, Hodges, Oden and Kleindienst NO: Spurgin. ABSENT: None INTERAGENCY REPORTS: None Council Minutes 4-16-97, Page 6 PUBLIC COMMENTS: a) Comments concerning Item 4: The following spoke in support of upholding the Planning Commission recommendation, ' based on zoning requirements, noise violations, and proximately to celebrity homes. Geri Lacey, 877 Via Las Palmas, Bruce Kendall, 855 Via Las Palmas, (103- Myra Goldwater, Realtor, 039) Reta Burney, 963 N. Palos Verdes, Audrey Blanchford, 1326 Rose Avenue, Phyllis Dewey, 1293 Rose Avenue, Dr. Scott Cornell, 925 Avenida Palmer George Yunkere, no address given The following spoke in support of overruling the Planning Commission recommendation, based on boosting tourism to the City; that permits could be issued for events; and that commericially organized events are coordinated to lessen the impact of the surrounding neighborhood. Julie K. Rupp, 255 N. El Cielo, Suite 252 Tim Elllis 250 Stevens Road, Sylvia Maria Schmitt, P.O. Box 1533, Rancho Mirage Richard Byford, P.O. Box 1563 Bill Ranson, Marquis Food and Beverage Manager b) Comments concerning Item 5: , Norm Bender, Sun Taxi Co, owner, questioned the reason for the matter to come to the Council; that it is discriminatory to continually cite taxi's and not other modes of transpiration. Ron Cole, R.C. Express Taxi, stated that the staff report does not adequately address the (103- issue; that it is premature to bring the issue to the Council; that a task force is reviewing the 048) matter, and those results should be forthcoming; that Airport staff should not get ahead of the task force; that the City Council should set the policy for staff; that the matter has been blown out of proportion; and lie requested the matter be tabled to allow the task force to make its findings. Nellie Landly, taxi owner, stated the Airport seems overly concerned in how much money the taxi's are making; that the matter before the Council is of no concern to the Airport staff; and added that it scents that the Airport staff wants to get in the business of taxi regulation. c) Comments concerning matters not on the agenda: John Duncan, 2210 E. Pasco Garcia, stated that questioned the use of gas powered leaf blowers within the City; and suggested Council consideration of an ordinance to limit its use. Steve Deyo, 1021 Driftwood Drive, stated that he owns a 24-hour emergency response type ' of business; that the City has an ordinance that does not allow commercial vehicles to be parked at a residence; that as the only licensed locksmith in the City of Palm Springs, his clients call at all bourn, and he requested Council consideration of an ordinance that would allow emergency type of vehicles to be parked at residences. Dick Sorda, no address given, stated that commercial endeavors have never been allowed in residential zones; that the taxicab businesses in town are independent businesses operating tinder free enterprises and that as such, they should be allowed to operate freely without intervention. Council Minutes 4-16-97, Page 7 PUBLIC COMMENTS (Cont'd) Darrell Meeks, Palm Springs, stated that consideration should be given to a permitting process for the celebrity home issue; that staff should not be involved in the taxicab issue; ' that item II discontinues use of a local businessman that is located 9 miles from City Hall; that the recommendation is a short-range view; that Valley Office Equipment has a good reputation and good response time; that the recommendation is to award the service contract to a firm out of Orange County; that the Council has delayed many items pending the Utility User Tax vote, and he suggested this be delayed likewise. LEGISLATIVE ACTION: 4. CELEBRITY HOMES FOR COMMERCIAL EVENTS Recommendation: The Planning Commission recommends that the City's codes and ordinances not be amended to permit the use of single-family residential properties for commercial events; however, if the Council directs the development of an ordinance to permit such uses, the Commission recommends that it provide for: 1) a conditional use permit with stringent conditions, and requiring evidence of neighborhood support; 2) permit fees that cover all staff costs, including monitoring; and 3) significant progressive monetary penalties for violations. The Commission also recommends that home tours sponsored by non-profit agencies continue to be permitted, and not affected by action on this matter. (properties may include celebrity homes, historic and architecturally significant homes, and (103- other estate homes.) 0 50) Director of Planning & Building reported as follows: a) The Planning Commission held a number of meetings, and a study group was ' formed between the Planning Commission, tourism groups and the historic groups, in which they discussed the issues and crafted a line of discussion to then take to a working group that involved homeowners and people involved in the business of celebrity homes, or special events in single-family residential properties. b) After a series of meetings, that working group found in research of other communities, that no one had anything regulated in the residential zone that allowed commercial parties or events; even though there were very tight regulations regarding tours, e.g., Savannah, Georgia requires the owner to live in the house that is being shown for tours; and that such a condition for Palm Springs was found to be impossible, because most of the homes in question are owned by people who do not live on the property, and who do not intend to live on the property; and that with direction from either the Planning Commission or Council, staff could come back with draft regulations based upon the operational guidelines that were used as the basis for the discussion at the Planning Commission level at its study sessions, as well as its regular meetings. c) Various proposals were discussed by the Planning Commission, as listed in his staff report; that the Commission thought it appropriate to try to come up with an interim use based upon what it had heard; and that the letters which the Commission received, as well as a number addressed to the City Council have been given to the Council to keep it abreast of the issue;. d) Issues in the staff report have been determined either from looking at literature or ' complaint logs, and there are approximately 25 homes that have been used, or have been available for commercial-type activities; and he displayed an aerial photograph showing the general location of those homes; although not precisely pinpointed, nor at anytime before the Planning Commission did staff get up and talk about individual sites, rather staff talked about it at distance, so people knew where the neighborhoods were, because the issue is not about particular properties, but about neighborhoods, and whether the Council wants to allow this use in the neighborhoods. The exhibit indicated the majority of the activity with celebrity homes is in the Las Palmas area and the Movie Colony area, with a couple of isolated places in town; and the majority of complaints have come out of a small number of properties;. 00,S4 Council Minutes 4-16-97, Page 9 4. CELEBRITY HOMES (Cont'd) e) The Planning Commission received a lot of information fi'om the tourism industry relative to the benefit of these homes to the community, including the financial and marketing impacts, which the Council had all of that information before it;. f) The Planning Commission went conducted it regular meeting virtually in a public hearing type format, even though it was only a workshop discussion type situation; and it had five options to use which staff tried to craft, so that the Commission could discuss the, in particular: 1) Option 1 - to uphold the zoning; 2) Option 2 would be primarily to allow indoor tours'. of either historic homes or architecturally significant homes -- the general feeling being that a tour bus would drop people off, they would go in, look at the home and leave -- that there would not be a party or a dinner; and it would be primarily daytime tours. 3) Option 3 would allow the use under a permit. The Commission debated whether it would be an administrative permit issued by staff; or a conditional use (103- permit, which would require a hearing; or a permit would require Planning 0 50) Commission and Council approval. 4) Option 4 would create some type of district that requires the celebrity home or event home to garner neighborhood support first, and to prove that, and then apply for a permit; that the only house that somewhat fits that criteria would be the original Presley home; that the owner mentioned that she has tried to work very carefully with her neighbors; however, the staff does have a record of complaints on that property, and the home was one of the first celebrity homes that generated a , problem a number of years ago, but lately it has been relatively quiet, although occasionally staff hears from a neighbor. The responsibility for the permit would be incumbent upon the event organizer, or property owner of the evenf. property home, to get their neighbor's support before they could even apply for a permit. 5) Option 5 would be the development of an intedin ordinance. Monitoring these in a technical way to allow for objective information would be fairly expensive, because essentially noise meters would have to be set up, and professional readings taken; that getting the equipment on site and ready to go would add up if several homes are monitored over the course of a year; that it could be done; and that fees could be established. g) This type of activity is a substantial business entity; and the Commission's recommendation by a 7-0 vote, after a lot of discussion, is to uphold the current ordinances; however, if the Council wished to go forward with this, there should be a very stringent permitting process to include additional use permits, showing neighborhood support; a permit fee to cover all staff costs, including the monitoring, together with very significant, progressive, monetary fines for any violations. The Commission also discussed revocation of a permit if there were on-going problems; and thought that the issue of non- profit events and tours, such as the home tour that comes through town once a year, should be encouraged; in that the tours are not a disruptive factor because they are once-a-year type things. The Commission thought that in order to prevent people from abusing the fringes of the law or what they might perceive as loopholes, that consideration of a land use permit ' be given, so there is a permit on file, staff knows the event is scheduled,,and if someone is trying to skirt the law, enforcement is a little bit easier. He concluded that the event scheduled at the "Presley Here.,ymoon House" is being investigated by City Staff, and the City Attorney's office. 00 Council Minutes 4-16-97, Page 9 4. CELEBRITY HOMES (Cont'd) Mayor Kleindienst stated that the group was formed in the summer of last year and based on reports received, it has been working extensively on this issue for a number of meetings ' with themselves, with members of the community, both on the residential side and the commercial side, that they have done extensive work in detailed analysis; that the Council appreciates the work; and that there is adequate information before the Council for consideration. Councilmember Oden stated that he would be abstaining because of a potential conflict, due to the locations of his home. City Attorney stated Councilmember Oden talked to him during the break; that the problem is it is very risky to participate thinking there is no conflict, and it turns out there is one; that it not only leads to criminal sanctions for the Councilmember, but it could void the decision made by the Council; that the problem is Councilmember Oden is a tenant, in one of the areas; and that the issue would be whether the leasehold value of the property would be affected by the continuation or non-continuation of using the homes in this fashion; that he is not exactly sure of the location, in reference to the properties shown on the aerial; that 103- there are people who feel that this activity enhances the value of the property; and other 050 ) people feet it definitely decreases the value; and without being able to talk to an appraiser, he was unable to give Councilmember Oden a definitive answer; and that if the issue is not resolved, he could determine the conflict issue, but in the meantime, he recommend Councilmember Oden abstain. Councilmember Hodges questioned the City Attorney regarding her property location and whether that causes a conflict. ' City Attorney stated that a conflict occurs when the property is within 300 It, and whether there is property ownership; and whether the adoption of the regulation, or changing the regulations, in the case of property ownership, are likely to affect the value of the property by $10,000 or more. Councilmember Hodges stated that the Council has been receiving extremely detailed information over the past few months; and she appreciates all of those who have participated; that the biggest problem seems to be that homeowner does not live in the home and they are strictly used for commercial purposes; which is causing a problem; that in her opinion, residential is residential and a person wants to enjoy their neighbors, but not all of the commercial benefits that a neighbor may want to have; that she would not want live next door to one of these homes, and would be in favor of upholding the Planning Commission decision. Councilmember Barnes stated that it may be a minority of people using the celebrity homes who are causing all the problems; that if the situation was regulated properly, it might bring those people into line, or could chase them off, if they were not willing to follow the rules; that there may be some sort of compromise, but that personally he is not not sure where to begin; that the Council has some options; that if the Council wished to look for a compromise, it would have to go back to the Planning Commission; and he questioned what that process would be. Director of Planning & Building stated the Council would provide direction; and if this was to be in the Zoning Ordinance, it would be done by the Planning Commission with a recommendation to the Council; that, theoretically, the Council could set,something up in the Municipal Code that might not require Planning Commission action, but that in his opinion, since the Council started with the Commission it might be good to keep its advice in the loop. Councilmember Spurgin stated that the most valuable asset most people have materialistically is their home; and she believes that the most important job as elected officials is to protect land use; that she concurs with Councilmember Hodges to uphold the Planning Commission. Council Minutes 4-16-97, Page 10 4. CELEBRITY HOMES (Cont'd) Mayor Kleindienst stated that one of the most difficult aspects of the: whole ordeal has been simply how one defines an activity which by and large may indeed be permitted by the owner of a residence, yet that same activity is construed to be illegal by someone who owns , the site but does not reside there; that the nature of the activity is the same, the number of cars parked out front, the hours of the caterer coming forward, the dishes clanging, the music, the whole ordeal basically is identical; that the only significant difference is where the owner of that property lives; that if they reside in the home, it is somehow justified; that if they own the home but do not reside there, that is considered to be illegal; that it is difficult to put a price on what is called "quiet enjoyment" of a residential community, but that it is difficult to codify something that is an identical activity, but limited to where the person lives; and he questioned whether there a situation in the City where commercial zones directly abut residential zones; or if typically, a transition zone is placed in between the two separate zones. Director of Planning & Building stated the City does have situations where commercial zones abut single-family residential zones; that there are a few places that do not have (103- transition zones, and that the reason for that is the neighborhoods in many cases were 050) developed before the commercial properties. Mayor stated that when there is the opportunity to protect a residential neighborhood, commercial zones are not next to residential zones, but that an interim zone is placed as a buffer; that the street requirements and property standards for commercial development are different than residential; that there are no established parking requirements for celebrity homes; that these are commercial installations; that a different sewer fee hookup may be applicable; that the City has never permitted them and the reason fair not permitting commercial use of residential property is to protect the quiet enjoyment of the neighborhood; that the Council may wish to establish a fine structure that is severe; that if , the Council is going to endorse protection of the residential areas, then it should do so from the standpoint that there is some sort of a fine system that indicates follow through will take place. Councilmember Hodges concurred with the Mayor's comments. Mayor stated that there was a recommendation or suggestion for a cooling off period; that there has been a cooling off period since at least August; that the cooperation of those in the tourism industry has been requested; that a lot of the time analyzing the situation has been spent; that the City has done a very thorough job; that it is difficult to agree with the statement that a home buyer should know that they are near a celebrity home; that this is a residential neighborhood, that there are not signs that say it used to be so and so's house; that locations such as schools, airports, or hospitals are obvious when buying a home, but most people do not know that the home they are looking at across the street is potentially the home of a former celebrity; and would not know that on Saturday nights, once-a-year, or ten-tunes-a-year, or ten-times-a-month, parties occur; that it is doubtful that there is going to be a disclosure in the real estate industry that says beware of the fact that six homes in the neighborhood within 100-feet are all partying every night long; that a person expects a residential area to be just that; and that the Council should do everything in its power to protect and maintain it. Councilmember Barnes stated that based on the comments of the: rest by the Council, he would concur; that while it is best to look for a compromise, in this case a compromise on ' this issue is too complicated, and virtually unenforceable. City Attorney stated with regard to concerns on the enforcement issue, there has been a period of time in which the issue has been studied, and to some extent staff has been waiting to see how this subject would come out; that the violation is one that of the Zoning Ordinance and is a misdemeanor under the Municipal Code, subject to a $1,000 fine and six months in jail; that it has just as stiff a penalty as all of the other provisions of the Municipal Code; that the issue has to do with whether it can be shown that it is fundamentally a commercial activity, as opposed to the owner having a party at their house; that many of the types of events that have been occurring can be shown to be violations of - 0c, 'GT Council Minutes 4-16-97, Page 11 4. CELEBRITY HOMES (Cont'd) the Municipal Code; that the City Attorney's Office is prepared to go to court and seek an injunction to prevent the May 2 event from occurring, and if there is trouble getting the ' adherence to the ordinances, then staff will come back and ask for changes or revisions in the penalty provisions. Resolution 19015 upholding current codes and ordinances was presented; after which, it , was moved by Spurgin, seconded by Hodges, and unanimously carried, Oden abstaining, that R19015 be adopted. Councilmember Hodges questioned what a homeowner can do if there is a supposed violation. City Attorney stated that the May 2 event was advertised in advance; and the appropriate situation for staff then, is to go to court to seek an order to prevent the event; that if the property owner went forward, they would be in contempt of court; that if their is no advanced notice of the event, then the appropriate action for the homeowner to take would be to call the Police Department; that if there is a commercial use that is going on at that property, that is a violation of the ordinance, and the Police Department can issue a citation as a misdemeanor under the Municipal Code; that for the City to legally have a case, there are certain specific facts that need to prove up, and the Police Officers and Community Preservation Officers are trained to be able to record what is going on in a way that is legally significant; that it is very important that the property owner, instead of calling after the event, get the City the information as quickly as possible so that response can be made 5. AIRPORT - SUMMER TAXI ACCESS CONTROLS Recommendation: That the Council amend the Municipal Code to add Section 11.34.062 to (103- enable the development of taxi access restrictions for the Airport during the summer 048) months. City manager withdrew the matter. 6. VISITOR INFORMATION CENTER GUIDELINES Recommendation: That the Council approve guidelines for the operation of the Visitor Information Center. Tourism Director reviewed the staff report and requested the guidelines be approved subject (117- to City Attorney final language. 036) Minute Order 5935 as recommended was presented; after which, it was moved by Hodges, seconded by Spurgin and unanimously carried that MO5935 be adopted. 7. VISITOR INFORMATION CENTER LEASE Recommendation: That the Council approve a new lease with PSP Rental Co., for property at 2777 N. Palm Canyon, for the City's Visitor Information Center; and amend the budget to appropriate $20,000 for reimbursement of certain improvements required by (117- the City, A3789. 036) ' City Manager reviewed the staff report, no further report was given. Minute Order 5936 and Resolution 19016 as recommended were presented; after which, it was moved by Spurgin , seconded by Oden, and unanimously carried, that MO5936 and R19016 be adopted. WIGS Council Minutes 4-I6-97, Page 12 8. MUNICIPAL CODE AMENDMENTS (Ord. Intro. 4-2-97) Assistant City Clerk read Title of Ordinances 1543 and 1544 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, (103- ' ADDING CHAPTER 9.70 ENTITLED "STORM WATER MANAGEMENT 048) AND DISCHARGE CONTROLS" TO T14E PALM SPRINGS MUNICIPAL CODE, and, AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 2.04.100 TO CHAPTER 2.04 OF THE PALM SPRINGS MUNICIPAL CODE, ESTABLISHING A VOLUNTARY CAMPAIGN EXPENDITURE CEILING FOR ELECTIONS TO CITY OFFICES. after which, it was moved by Hodges, seconded by Barnes, and unanimously carried, that further reading be waived, and that Ordinances 1543 and 1544 be adopted. 9. ADDITIONAL LEGISLATIVE ITEMS: None CONSENT AGENDA: The following items are of a routine nature, and may be approved by one blanket motion, upon unanimous consent. Clarification questions may be asked prior to voting, '.and matters need not be voted upon separately. Review by City Manager of Consent Items to be clarified. City Manager withdrew item 11. 10. Res 19017 establishing the number of residents for the city for the purpose of determining (083- the voluntary expenditure ceiling for city elections (See above 8 b)). 016) 11. MO ----- approving a 5-year contract with Astro/Canon Business Solutions, Inc., to provide photocopier equipment, supplies (except paper,) logistical expertise, and maintenance (117- service on a cost-per-copy basis of$.02421 per copy, aggregate of all machines provided, 038) A . Cont'd to 4130197. 12. MO 5937 approving proposal of Merit Moving Systems, Inc., to provide ono-premises (117- moving services to facilitate City Hall remodel, at unit prices, for a total not to exceed 041) $11,065. 13. MO 5938 ratifying emergency purchase of a generator tube bundle replacement for the (052- Sunrise Cogeneration Complex at $19,986, from Carrier. 001) 14. Res 19018 in support of SB191, which allows for local control of speed limits on unpaved (098- roads. 004) 15. Res 19019 in support of SB476, for the continuation of the 'South Coast Air Quality (098-- Management District Technology Advancement Program, 004) ' 16. MO 5939 award contract to Joe Putrino, General Contractor, for removal and replacement of exterior doors and windows at the Nightengale Manor, for$31,917, CP96-311 A3790. (085- 013) 17. MO 5940 approving Change Order No. 5 for an increase in contract with Granite (123- Construction Co., for the Mid-Valley Parkway, by $27,515, and deferring adjustment of 023) contract time until the work for the change order is completed, C1,94-19, A3670. 18, Res 19020 approving Payroll Warrants. (086-- 015) W i69 Council Minutes 4-16-97, Page 13 CONSENT AGENDA (Cont'd) 19. MO 5941 approving Change Order No. 2 for an increase of $8,092 to American Asphalt (136- Repair and Resurfacing Co., for the 1996-97 slurry program to add work on Airport 051) ' property, CP96-15, A3769. 20. Motion approving work plans for City Boards and Commissions, as reviewed in prior study (060- session, and at Council Cabinet meeting April 9, 1997. 010) Minute Orders 5937 through 5941 and Resolutions 19017 through 19020 were presented; after which, it was moved by Spurgin, seconded by Barnes, and unanimously carried that MO5937 - 5941 and R19017 - 19020 be adopted. ADDED STARTERS: None REPORTS & REQUESTS: 21. a) Gas Franchise- The Gas Co., 1996 payment $121,987.79 (089 002) CITY COUNCIL reports or requests a) Councilmember Hodges questioned when the cable franchise expires. b) Councilmember Spurgin requested the matter of leaf blowers be scheduled for study session. PUBLIC reports or requests ' a) Myra Goldwater expressed appreciation for upholding the Planning Commission decision regarding celebrity homes. b) Darrel Meeks stated that there are 112 clays left to place a measure on the ballot. STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned at 11:30 p.m. JUDITH SUMICH City Clerk PATRICIA ANDERS Assistant City Clerk