HomeMy WebLinkAbout1997 - MINUTES - 10/15/1997 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
OCTOBER 15, 1997
A Regular Meeting of the City Council of the City of Patin Springs, California, was called to order
by Mayor Kleindienst, in the Council Chamber, 3200 Taliquitz Canyon Way, on Wednesday,
October 15, 1997 at 5:30 p.m., at which true, 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, Bodges, Oden, Spurgin, and Mayor
Kleindienst
Absent: None
The meeting was opened with the Salute to the Flag led by Boys Scout Troop 905, and an invocation
by Rev. Jeff Rollins, First Baptist Church.
PRESENTATIONS:
Public Arts Frances Stevens Park Award Recipient announced by Public Arts Coordinator,
as David Morris; also children from the Boys & Girls Club presented red ribbons to the
City Council and staff for the DARE Red Ribbon Week.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on October 10, 1997.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 4 of agenda this date.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY - No Business
' APPROVAL OF MINUTES:
It was moved by Barnes, seconded by Hodges, and unanimously carried, that the Minutes
of September 17 and October 1, 1997, be approved.
PUBLIC HEARINGS:
1. CHAPTER 11.80 VEHICLE ABATEMENT - APPEAL
Consideration of appeal by Frederick M. Ebeling from decision of Director of Planning &
Building concerning the abatement of vehicle at 2460 Tuscan Road.
057-
Director of Planning & Building reported that the subject property was posted for (004)
inoperable vehicles subject to removal; and that the Council may uphold or overrule the
Director's decision, or make a different decision. He stated the City has been actively
involved in a program sponsored by State legislation through the county for abatement of
vehicles in the State of California; that between July 1, 1997 and September 30, 1997, 123
vehicles have been abated it) Palm Springs, i.e., 15 in the southern area, 16 in the
northwestern, and 67 in the northeastern areas, together with 25 in the "recapturing
neighborhood" areas; that often the citation is a result of neighborhood complaints, and
others through code enforcement and the recapturing neighborhood program; that a
complaint was received on the subject property in July, 1997, and a letter sent to the owner
' of the property, and no action was taken by Lie owner at that tune; that in August, 1997, a
notice of intent to abate and remove the vehicles was mailed; that Mr. Ebeling appealed the
posting, and an office hearing was held August 26 pursuant to the Municipal Code Chapter
11.80, at which lie received testimony and a staff report, and he determined that three of the
four vehicles cited were inoperable. He described the vehicles and the conditions of each,
as noted in his memorandum to the City Council, as on file, and displayed photographs of
the vehicles. He added that the appellant was questioned wliether the vehicles could be
stored in the garage, but staff was advised that other vehicles were already being stored
there; and that if the decision is upheld, the vehicles would be required to be removed by 5
p.m., October 30, 1997, otherwise they will be removed and destroyed.
Council Minutes
10-15-97, Page 2
Mayor declared the hearing opened.
Frederick M. Ebeling, appellant, stated that the issue is not his vehicles; that the
photographs were taken it was hot, and the vehicles did not have ,any covers on them; that
his neighbor to the south once had a vehicle up on jacks for a long time; that he would
cover the vehicles, but feels the situation is in a state of limbo; that his Bradley GT does
not require a water pump, because it is air-cooled; that he protested that City employees
come on his property and conduct a search without a warrant, and he will let a federal judge
decide the issue; that lie did not want to depreciate his neighbors property, nor they his; that
he thought the issue is whether he has the right to have a kit car and not be,harassed by over
paid city employees during the summer when they have nothing else to do; that lie did not
expect the Council to overrule the Director, but that the court will decide, and he would not
plead to the Council; that he felt the people in the cohmnunity know what is right and
wrong; that his buck does not have flat tires, rather the tires are sunk into the sand; and that
he felt the city inmates are running the institution. He also coimnented regarding developer
Joe Solomon, the utility user tax, and city employees.
There were no further appearances, and the hearing was closed.
In answer to question by Council, the Director of Planning &; Building stated that tie
photographs were taken with a date stamp camera, and the dates of September 30 and
October 14, 1997 are accurate; that the has other photographs on file, which were not
displayed; that if the vehicles are made operable, there will be no abatement, however ,the
truck must be parked in an approved parking area, and not in the landscaped area; that there
generally have been four vehicles parked in the driveway, and one in the front yard, and
two more in the garage; that staff would work with the owner to demonstrate operability of
the vehicles; that operable cars have not been abated under the ordinance; that this type of
enforcement began in 1993, and the program is based on the State:'s progrann for abatement
of vehicles. '
In answer to question by Council, City Attorney stated that if the Council wished to uphold
the action, the staff should be. directed to prepare an appropriate resolution, with findings,
and to include specifics as to the affect of a water pump in terms of operability of the
referred to `Bradley" vehicle.
It was moved by Spurgin, seconded by Oden, and unanimously carried, that a resolution be
prepared to uphold the decision of the Director of Planning & Building, and the staff look
into specifics regarding the water punip condition.
2. ZONING TEXT AMENDMENT -FLOOD DAMAGE PREVENTION
Recommendation: That the Council amend the Zoning Ordinance to adopt revised FEMA
and California Floodplain Managers Association criteria and definitions relative to special
flood hazard areas.
Director of Planning & Building stated that a few issues remain to be worked through with (103-
the City Attorney, and he recommended that the hearing be continued in order to resolve 039)
those concerns. He stated that the recornnendation is from die Planning Comm"fission, and
relates to amendments to the existing floodplain management ordinance, in order to reflect a
series of refinements by FEMA over the past several years, including new definitions and
criteria; that the Commiiission made certain modifications, and that the ordinance was
reviewed with the Building Industry Association for additional input in a workshop setting;
and that there were no public couunents at the hearing before the Commission.
Mayor declared the hearing opened; after which, it was moved by Hodges, seconded by
Oden, and unanimously carried, that the hearing be continued to November 5, 1997
lr1w}5
Council Minutes
10-15-97, Page 3
PUBLIC COMMENTS:
a) Comments on matters not related to an agenda item:
The following persons spoke in support of passage of the continuation of the utility
user lax:
Scott Mikesell, President of MAPS, commented regarding the number of positions
and the facilities which would be affected if the tax is discontinued; after which
members of the employee unit stood to be recognized as in support of his
comments.
Steve Kroner, City Employee, General Unit, and homeowner, commnented
regarding salary data from the federal housing information, which contradicts
information reported on other occasions, and supports that city employees do not
receive two and one-half tunes the amount of the average income, rather is equal to
the moderation income level; after which members of the employee unit stood to be
recognized as in support of his comments.
Shelley Saunders, resident, and speaking for youth baseball, football and soccer
programs, stated that these program offer opportunities for children in the
community, and urged support of the measure.
Dave Harper (?) stated that passage of the measure will help the larger picture in
teens of the entire cormnurnity.
Kevin Dixon, PS Fire Association, stated that 13 fire employees received notices of
layoff, and response tunes to emergency calls could increase as a result of
' decreased personnel, which is now set at a standard of 5 minutes or less; and he
encouraged keeping the fire stations open, and meeting the comirmirity's needs and
remaining competitive.
John Booth, P.S. Police Association, stated that the average household pays $10
per month, not $100, to keep the quality of life they have; and that concerning
police cars, the detectives are on-call 24-hours per day, and often have captured
crooks while enroute to their homes, and that the cars are not new cars. He
identified 19 police personnel who received notices, and they stood to be
recognized.
Other Comments:
Mathew Dixon, resident, asked that tine Sign Ordinance be enforced concerning
political signs, that it be done quickly, that property owners be requested to report
violations, and that candidates be ordered to cease erecting them.
Philip Tedesco, Vereda Sur resident, stated that he had gathered signatures of sixty
people in his neighborhood to request that the City remove a pipeline line recently
installed to divert water, and that the natural flow of the water be down Via Las
Palmas. City Manager to contact Mr. Tedesco for specifics.
John McGuire, Vereda resident, supported comments by Mr. Tedesco.
' Drew Johnson, spoke in support of Gladys McMillan's business, and commented
regarding outdated opinions and views expressed at the Planning Cormnission
meeting, which he felt slowed a lack of understanding or the nature of a pawn
shop, however, the general feeling of the Cormnission was that it could interface
with the uptown area and suggested a committee look into the matter. He stated
that while it was empathetic, Ms. McMillan is seeking an equitable solution, and to
be "grandfathered" with specific limits as to how close pawnshops may be located.
Council Minutes
10-15-97, Page 4
Gladys McMillan, Daves Jewelry, read a letter from Plaza Motors in support of her
business, as a neighboring business; that she is not interested in locating to an
outlying area next to liquor stores; and in her opinion, the Planning Commission
did not know any more about pawnshops, than the Police; Department, which she
felt did not know much, based on her experience in seeking renewal of
fingerprinting for her license. '
Andrew Green, resident and chairman of the citizens inter-relations committee,
stated that prompt consideration of the cormnittee's report would help to dispel
mistrust in the community; and the Council should re-evaluate its priorities, i.e.,
that the high school is important.
Darrell Meeks, resident, read a memo which he stated was sent via electronic mail
between the City Clerk and the City Manager, concerning the review of agenda
materials by the City Attorney; after which he suggested dismissing the City
Manager.
Dick Sroda, resident, stated that the City is not taxpayer friendly; that it has more
employees than any other city; that the staff did not know where "missing money"
was seven months ago, and still does not know; that it was his opinion that public
records were destroyed as to applications for exemption of the utility tax; and that
the public has a right to expect better service.
Ed Joseph, resident, stated that there may be a mixed message in commending the
police and fire services, and then commenting that those; services will cease; that
the cormiu nity wants assurance that those will be ttne last place the Council would
make cuts; that the continued tax may buy some time, but it will not solve the
problem; and that fear should not be put into citizens.
Eric Meeks, resident, stated that a city employees newsletter contained an ad
regarding the utility tax, and employees have handed ouit flyers in parkas; that Ire
likes the idea of a strong mayor, and a strong Council, so city staff answers to the
people through the Council and not through the City Manager; that he favors a
police commission.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORNS:
a) In response to questions by Council, City Manager stated that the Director of
Finance would give a report on the status of possible: unclaimed funds at die
conclusion of the agenda; that MRC has been retained in the past, on a contingency
basis, and some instances have been found; that there! possibly may be court
deposits, which may or may not have been recorded properly in the court, and as
with searches for people who may have unclaimed insurance settlements, bank
deposits, there are people who make those searches on a fee basis; that the courts
will be looked at to see if there are any deposits of consequence, but generally they
are not due the City; that regarding the electronic mail, the City Clerk follows a
process for meeting printing and delivery of the agenda to the Council, which
includes a review by the Assistant City Manager, the City Manager, and the City
Attorney, who sometimes makes changes, but nonetheless reviews all resolutions
and ordinances; and that an additional step has been added!, i.e., a frill copy of each
department head report will be provided to the City Attorney prior to [Ire agenda
development. '
b) Mayor stated that the inter-relations committee was fonne.�d by the School District,
and the City's involvement was through Councilmember Oden as a member of the
committee; that the report is apparently ready to be released, and the inferences
have been that it should be released before the School Board election in November;
that he did not see any problem releasing it if that is what the District wishes to do,
since the Council has not asked that it not be released until it sees it.
Council Minutes
10-15-97, Page 5
Councilmember Hodges agreed, and suggested that the Mayor send a letter to the
District, that the Council does not have a problem in releasing it and presenting it
to the public, and that the two bodes will meet as soon as that is possible, and that
the Council is not preventing its release.
Councilmember Oden stated that the City Council originally requested the meeting,
and the Board simply wants to respond to the Council first; and perhaps they could
send a copy to the Council in advance of its release, which the Council could
acknowledge its receipt without lengthy discussion at that time.
Concurrence: Mayor to send letter as noted.
c) Mayor stated that the tern "strong mayor" was never used by the Charter Review
Commnittee, nor did it indicate a preference for that, rather it came about as a result
of a minority opinion letter to the editor; and that it was neither the Committee
recommendation, nor the Council's direction, and that the Council discussed
empowering the Council in order to serve its constituents.
d) In response to question by Council, City Manager stated that concerning the
election signs, they are erected as fast as they are removed, and staff is aggressive
but also cautious about First Amendment Rights.
Director of Planning do Building stated that it is difficult to enforce at election time,
and that the candidates were instructed at their orientation meeting by the City
Attorney as to the Sign Ordinance regulations; that often volunteers install the
signs, and they do not always follow the ordinance, and the abatement process
takes longer than the period preceding the election; and that he would contact Mr.
Dixon.
City Manager stated that originally when the Sign Ordinance was amended, it was
suggested that candidates post a deposit which could be used to cover removal;
however, the Council felt it might serve as a disincentive to seeking election. He
added that some people assume he has greater authority than is actual, and that staff
"proposes" but the Council "disposes."
LEGISLATIVE ACTION:
3. PREPARATIONS FOR "EL NINO"
Presentation by Palm Springs Fire Department concerning preparations for "El Nlio."
Assistant Fire Chief provided a review of the weather service and other forecaster's (087_
projections concerning the El Nino conditions expected between November, 1997 and 001)
March, 1998, and the preparations being undertaken in terms of City-community needs; as
well as suggestions for private citizens to undertake as precautions for private property and
personal safety. Additional information is available through the Fire Department He
responded to comments and suggestions by Council, and noted multiple-agencies which are
also coordinating plans, and implementing their own plans, including the flood control
districts. Councilmember suggestions included: verifying that generators at emergency and
other facilities are operating correctly; City storm drain at E. Palm Canyon near the
Oivenchy Spa is cleared; determine if there are any potential problems concerning Highway
I11 northbound from the City entryway in regard to the "dip" areas; citizens consider
purchasing flood insurance in advance of the season; determine safely of Vista Chinn at the
wash crossing, and if recent improvements will protect the roadway; and that the Assistant
Chief's presentation be taped for replay on Channel 17.
0232
Council Minutes
10-15-97, Page 6
4. CUP 5.0752- SALAMEH
Reconnnendation: That the Council adopt resolution of convenience and necessity pursuant
to the requirements of the Alcoholic Beverage Control Board, to establish a liquor store in
the Jensen's Center at 178 S. Sunrise Way, Section 13.
Director of Planning & Building reviewed his report, and noted that the applicant has a (078 '
similar operation at Ramon and El Cielo, for which there have been no complaints; that the 064 ,)
nearest location to the subject site is 2,000 feet to the South, as well as the liquor section of
the Jensen's Market next door;
Councihnember Spurgin stated she was opposed to the action which requires an
endorsement as to the necessity for the sale of alcohol, when it can be purchased, e.g., at
lensens next door.
Mayor questioned how many new outlets have been approved since the Council last
received a report as to the number of outlets and their locations.
Director of Planning & Building stated that the subject site will include a small area for the
sale of convenience foods, and household items, but it is mainly for the type of license
being sought. He explained that the State law was enacted as follow-up to the Los Angeles
riots, and to give local control to communities; and that tourism and the fluctuation in
population may account for a higher number of outlets in Palm Springs.
City Attorney stated that the legislation was created specifically to require the convenience
and necessity determination to allow communities to prevent a concentration of liquor
stores, for which there was no previous authority to do so; and that it may determine there
is no need or convenience, since that is already being served.
It was moved by Hodges, seconded by Oden, and carried by the following vote, that this '
matter be continued to November 5, 1997, pending update on the number of outlets, their
locations, and data as to any statistics which may correlate population to the number of
outlets:
AYES: Barnes, Hodges, Oden & Kleindienst
NO: Spurgin
ABSENT: None
5. CUP 5.0748 - ROBERT H. LEE & ASSOC. FOR MICHAEL GIESLER
Recommendation: That the Council adopt resolution of convenience and necessity pursuant
to the requirements of the Alcoholic Beverage Control Board, in order to allow conversion (078
of service bay at the service station at 1700 E. Vista Chino, to a 1,977 square foot mini- 065 )
mart.
In view of action concerning above Item 5, this matter was also continued to November 5,
1997, upon motion Barnes, seconded by Hodges, and carried by the following vote:
AYES: Barnes, Hodges, Oden& Kleindienst
NO: Spurgin
ABSENT: None
6. CVAG RESOLUTION 97-006 '
Discussion regarding CVAG Resolution 97-006 concerning the Torres Martinez land
replacement.
City Manager stated his understanding that CalTrans is getting the right-of-way for (098_
Highway 86, which involves land exchange with the Torres Ivlar(urez Tribe that would 004)
result in the same sovereign status; that is was unclear as to why CVAG's "non opposition"
resolution was being requested, since it has a long-standing record of not getting involved
in jurisdictional issues; and that a "non-interference" resolution was suggested.
.r 2a D ,,,
r:,a��
Council Minutes
10-15-97, Page 7
Councilmember Hodges staled that CVAG originally did not want to be a part of the issue,
but it did get involved, and Governor Wilson wanted the action, and that it cannot shnply
bow out at this time, therefore, the best solution was to make a statement of non-
interference; that her concern was that if she voted to adopt the CVAG resolution, she
questioned if that would place the City in jeopardy in the event it had to made a decision if
the Tribe decided to acquire land in Palm Springs.
City Manager stated that he has received a draft of the CalTrans contract, and he would like
for the City Attorney to review and comment at the next meeting, or this matter could be
continued to October 22 for an adjourned meeting.
City Attorney stated that if he concluded that there were no liability on the part of the City
because of the CVAG resolution, it could give such direction to Councilmember Hodges.
Mayor stated that while clear direction is needed for Councilmember Hodges, the Council
needs more information to give that direction; and that he questioned whether the Agua
Caliente Tribal Council considers this a friendly action toward it; and what the term
"jurisdiction" means in a legal context.
City Manager stated he would like to review the CalTrans documentation with the City
Attorney, and bring forward any clarification on October 22, in a special meeting if
necessary, and that CalTrans prepared the resolution, and is anxious to move ahead and
does not want to have to renegotiate with the Tribe.
Councilmember Hodges stated that Palm Springs is no longer excluded from the potential
land exchange footprint; that there is no obligation on the part of the Tribe to buy laird
anywhere; that her understanding is that each jurisdiction would have the power to veto the
acquisition in its own jurisdiction; and she suggested confirming with the other cities
whether they had any problem with the proposed action.
Mayor requested information as to how the Salton Sea issue resolution links with the
proposed action.
No specific action taken; follow-through as discussed.
7. ADDITIONAL LEGISLATIVE ACTION None
CONSENT AGENDA:
8. Res 19140 expressing opposition to the so-called "Government Cost Savings and Taxpayers (098-
Protection Amendment" on the June, 1998 statewide ballot. 004)
9. MO 6040 awarding contract to G & M Construction for$83,810.00 for upgrade to Las
Casuelas Terraza Parking Lot, CP96-38, A3864. Councilmember Hodges abstained due to a
client relationship with her employer.
10. MO ----- approving agreement with Enforcement Technology, Inc., for parking citation (117-
processing services and related equipment purchase for a 3-year period, with two 3-year options 038)
- total initial cost $13,744.71 - processing based on a unit price, A_. Item continued to allow
three for review of the contract to November 5, 1997. (Note: City Manager responded to
1 questions, current provider Turbo Data is not connected with this company, nor did it bid.
City Attorney stated that Director of Administrative Services discussed with him his relationship
with Turbo Data, which predated his employment with the City, and he advised him that there
was no problem as long as he did not involve himself in the management or supervision of die
contractual services, which he believed has been the case.)
It. MO 6041 approving contract with the Building Industry Association for installation and (085-
maintenance of off-site directional sign kiosks for housing projects within the City, A3865. 001)
Council Minutes
10-15-97, Page 8
12. Res 19141 summary vacation of a portion of the right-of-way dedicated for public roads known (14 5-
as Calmilla Road and Camino Parocela in Section 22. 001)
13. Res 19142 approving Payroll Warrants. (086-
016)
14. Motion approving amendment to settlement agreement with the Bureau of Indian Affairs on 1(123-
behalf of allottees in settlement of just compensation for elahns in emiatent domain proceedings 020)
for right-of-way acquisition for the Mid-Valley Parkway.
It was moved by Oden, seconded by Barnes, and unanlnously carried, that Resolutions
19140 through 19142, Minute Orders 6040 and 6041, and motion in Item 14 be adopted,
with abstention as noted; and that Item 10 be continued to November 5, 1997.
ADDED STARTERS: None
REPORTS &REQUESTS:
15. STATUS REPORT ON POSSIBLE UNCLAIMED CITY FUNDS
Director of Finance highlighted his report, as on file with the City Clerk, noting that (086-
inforniation is being refined, and verified. 001)
PUBLIC reports or requests
a) Fred Ebeling, resident, expressed his opinion regarding city government, and that
he was looking forward to changes in capital gain regulations, so he could[ leave
Palm Springs; and that lie will file suit in federal court concerning his vehicles.
CITY COUNCIL reports or requests '
a) In response to questions by Councilmember Hodges, staff reported that the street
improvement project underway on Ramon Road near the bridge is part of the PM10
funding; that there is right-of-way for the curb and gutter, and die project does not
include sidewalks; and provided an update on the status of the MVP project at
Mesquite, and expectation that it should move ahead faster. Director of
Transportation to also check on whether traffic signal relocation is included in tine
project.
b) Councilmember Oden requested investigation as to the suitability of the signage for
the left turn signal at Vista Chino and North Palm Canyon, noting that there have
been accidents at the location.
C Mayor requested status report on the computer changeover re the year 2000; and to
bring back for Council discussion the revolving loan progiranm; and to confirm dates
for possible meeting with the School District. Consensus of Council to schedule
November 6 for meeting, at City Hall.
STAFF reports or requests
a) City Manager announced that on November 1, the Library Center will issue free
bus passes to and from [lie Library Center, sponsored by fle Friends of the
Library.
ADJOURNMENT
There being no further business at 8:40 p.m., the Mayor declared the meeting adjourned.
i
JUDITH SUM]CH
City Clerk