HomeMy WebLinkAbout1997 - MINUTES - 11/19/1997 02113
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
NOVEMBER 19, 1997
A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order
by Mayor Kleiidienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday,
November 19, 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: Councilmembers Barnes, Hodges, Oden, Spurgin, and Mayor
Kleindienst
Absent: None
The meeting was opened with the Salute to the Flag led by Boy Scout Troop 262, and an invocation
by Shauna Segundo, Baha'i Faith.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on November 14, 1997.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 4 of agenda this date.
PRESENTATIONS: P.S. Congregation of the .Jesus Christ of the Latter Day Saints Church, award
to the City Council for "Contribution to Positive & Safe Enviromnent"
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY- No Business
PUBLIC HEARINGS:
' 1. VARIANCE 1,411 (SANDIN & LONG) - 145 VIA LAS PALMAS
Consideration of appeal by Frank Sandin& Stan Long from Planning Conunission denial of
a variance application for a reduction in lot area and lot width for two lots west of Camino
del Centro, between Via Las Patinas N and Via Las Palmas S, Section 10, R-l-A.
Director of Planning & Building reviewed details of his memorandum, stating that property (146-
is comprised of four lots of an original subdivision prior to the City's incorporation, on 009)
which the house straddles two of the lots, and there are some improvements on tine other
two lots; that the applicant desires to adjust the lot line to enable the sale of the two lots,
and to separate the property from the main house and pool; that the property is zoned R-1-
a, which, as of 1965, requires a minimum 20,000 square foot lot; that the two adjusted Tots
would be reduced to about 13,800 square feet, which is not uncommon for the area, and
with a 103-ft depth and 140-ft width, which is less than common, although the applicant has
indicated an alternate proposal of a II0-ft depth. He stated that many old estates in this
area were built on multiple lots, crossing lot lines, and overall range in size up to in excess
of one acre, and there are lots from 12,000 to 22,000 in the immediate proximity; that there
was a lot of testimony at the Planning Connnission hearing, and following its debate, the
Commission recommended denial by a 5-1 vote, in that it considered that the proposal
would be a substantial change to the character of the neighborhood, and the affect on the
neighboring properties if there were two houses built on two substandard lots; that the
Commission was concerned as to qualities which make this area unique - in particular, the
very large estates. He displayed maps showing the original subdivision and the relationship
to the surrounding area and existing lot tines, and an aerial photograph showing the
development of One area.
Mayor declared the hearing opened.
4�� �
Council Minutes
I1-19-97, Page 2
John Sanborn, engineer for the project, stated that the City rezoned the property in 1965 to
R-l-a, and at that tune 96% of the lot sizes in the area were under 20,000 square feet, and
9% wens less than 10,000 square feet; that a great many ]homes had already been
constructed by that time; that the applicant desires to preserve as much of the original estate
as possible, but that it should not be clone by requiring preservation of the two lots as
unusable; that the lot on which the house sits can be separated, and still allow a 4,000 '
square foot house to be built on each of the remaining two lots.
Andrew Green, resident, read a statement on behalf of Mr. Long, who was ill, hoping that
the revised dunensions would be satisfactory to everyone; Cliat variances have been
regularly granted in this area; that the potential density will be reduced from four units to
three; that the project is categorically exempt under CEQA and meets the requirements for
granting a variance under the City's Zoning Ordinance; and that Mr. Long was requesting
approval of the variance, and that 40 owners have signed as not opposing the project.
Phil Tedesco, Vereda Sur, stated that die house was built in 1936, prior to City
incorporation, and in 1938 the minimum lot size was 10,000 square feet, which was
increased in 1965 to 20,000; that the appeal would grant a 26% reduction in one lot and (146-
18% in the other; that variances are usually associated with hardship, or minoir changes, 009)
and he did not think this situation fit either category. He submitted petitions from 91
owners in the area who are opposed; that approval will result hi a significant effect on the
area - i.e., disappearance of the neighborhood charm, encouragement of further reduced lot
sizes, decrease in property values; that this property has been on the market for several
years by the sane owners, and was onily removed from the listing this week.
John Kinberle, Los Robles Drive, stated that several of those who did not oppose the
variance have said that they were not opposed because they were told that the City had
approved the project, but were not told that it was denied by the Planning Cotmnission; that
the applicant appears to be suggesting that the City erred in increasing the lot size to 20,000
square feet in 1965, and if that is the case, the action should be rescinded and the entire
area rezoned; that there are small lots in the area, but many have been built across lot lines
or purchased two at a time; that a 10-ft setback could be allowed on tine lots which would
not match the character of the area; that it is immaterial as to the size of the lots in 1936;
that the selling price is $1.5 million, but die owner paid $1 million; that there is no
financial hardship, nor good cause to override the established lot size.
Charlie Schaeffer, resident of the area, stated he has lived in, and enjoyed, the area for 21
years, and its outdoor quietness; that the lots would be directly across tine street from his
house, and would affect his quality of life; aid that he urged upholding the Commission
action.
Claire Schaeffer, resident of the area, gave an historic perspective of development in the
area, starting with the Kemper House in 1936, other homes in the immediate vicinity,
including her own which was built in 1938, sizes of surrounding properties, and offered an
analogy of the situation to that of the Hope Diamond, and preserving it rather than cutting it
up into smaller stones. She contended that the owners want to maike a profit at the expense
of the neighborhood.
Blaire Whiting, resident, stated that her property adjoins the subject property, and her view
is that of the Kemper house and of tine mountains; that the Las Palmas area is known world-
wide and why it is significant to the area; and that she purchased in the area, expecting that
it would never change. '
Frank Sandin, applicant, stated that there is a lovely home on the small lot adjacent to Mrs.
Shaeffer, who enjoys 30 feet of the original smaller lot size, which demonstrates the success
of what he is trying to do; that he believes that removing the two lots will result in
preserving the Kemper house; that lie hoped the case would be resolved based on facts and
not irrelevant eoimnenls raised; that lie purchased the property in 1991, and did so because
it has two extra lots, at which tine he intended to build a studio and garage to house his
automobile collection, and to use as a retirement home if that was necessary; that before
purchasing the property, he made inquiry to the City as to his property rights, ,:md lie was
told that his plans were within the local laws and regulations, and whatever necessary lot
Council Minutes
11-19-97, Page 3
line adjustments might be. necessary would not be a problem, and were routinely done; that
without such information, he would never have purchased the property; that the house can
be demolished and the four lots built upon without any other adjustments; that when he
purchased the site, the lots were valued at $250,000 each, and he had about $500,000 in
improvements he has made; that his building plans were put on hold because of declining
' health of his partner; that he felt if he could separate the two lots, he could own and
properly maintain the house; that he felt the revised lot line proposal should satisfy the
concerns of all property owners; and he requested his property rights in 1991 not be taken
away.
Harold Gussy, Stevens Road resident, spoke in support of the applicant, and stated that no
one makes money selling property in Palm Springs today, and that he lost money on his
recent property sale.
Robert San...(?), N. Via Las Palmas resident, stated he purchased his property for the
quietness of the neighborhood, and its historic significance, and people should buy rundown
houses if they want to remodel, and not tear down the neighborhood.
Carol Swindalrl, Las Vegas, stated that approval will set a precedent for others to follow. (146-
Paul Henson, resident, stated that the issue is really why people purchased their lots in the 009)
first place.
There being no further appearances, the hearing was closed.
In response to questions by Council, Director of Planning & Building stated that there has
been one lot line adjustment in the past year in the area north of this location, but it did not
involve an estate size lot; and that the Planning Commission found that the four required
conditions For granting a variance had not been met; that the Council was being asked to
approve substandard size lots in terms of width and depth, and that even if only one lot
were created, the Cormmission was concerned as to the 103-ft depth, which is still
substandard and which creates an awkward parcel to build on; that the tract map (lid not
show where building had occurred across lot lines, and that such could only be determined
by an actual aerial survey, and field work; that if the existing house is demolished, the
owner would still have four legally divided lots; that existing lots prior to the 1965
amendment are non-conforming, and any changes would require compliance with the
existing Zoning Ordinance.
City Attorney stated that property rights are not being taken away, in that development
exists on the property; that the owner has die right to use the lots; that the owner is required
to meet the zoning requirements in terms of development, and he felt the City's position is
defensible.
Mayor stated he was not opposed to making a profit in real estate, but not at the expense of
others, nor to the lot line adjustment as long as property development standards are
maintained, nor to a variance if the four required conditions can be met; that this case is
about upholding property standards; that he did not see the owner address the four required
conditions for granting a variance; and he did not want to support or encourage substandard)
lot sizes.
Councilmember Hodges stated that the City is fortunate to have the Las Palmas area, with
its history, beauty, and charm, and that it should not be damaged; and that creating
substandard lots would create such a problem.
Councihnember Barnes stated he looked at the aerial display, and it appeared to him that
only one showed it had been built across lot lines.
Councihmetnber Oden stated that lie agreed that this is a very unique community and one of
the most unique in the Coachella Valley; that landscape issues between the properties needs
to be addressed, as well as structures which are not in compliance, and the property line
issues; that it may now be time to look at community standards for the area, and possibly a
homeowners association.
Council Minutes
11-19-97, Page 4
Director of Planning & Building stated that such could be done on a voluntary basis, but
with some effort; that the staff has looked at unique standards for this area, and other
sections of the community, however, it world be a big effort., and in the past, City
resources were limited, but it could be undertaken by the homeowners in the area to bring
forward recommendations and a plan. '
Councilmember Spurgin stated she was in favor of property rights; that she visited the site;
and that she did not want to set a precedent of going against the Code.
Resolution 19153, revised to include Mayor's coimments as part of the findings, upholding
the Planning Conrumission decision, was presented; after which, it was moved by
Kleindienst, seconded by Hodges, and carried by the following vote, that F119153 be
adopted:
AYES: Hodges, Oden, Spurgin and Klehidienst
NO: Barnes
ABSENT: None
PUBLIC COMMENTS:
a) Comments on matters not related to an agenda item:
PSHS Theater Group members announced the upcoming play at the High School,
and presented posters.
Terry Robinson, police officer, announced his retiremen¢ effective November 23,
and thanked the City for his 30-year tenure.
Grace Jablow, resident, read a prepared statement, slating that the utility tax
passage was not a victory, and the Council needs to win the confidence of the (088-
voters by immediately charting a course of action to develop alternate sources of 016)
revenue to make up the shortfall occasioned by the recession and the money
withheld by the State; and that unless a significant reduction is made in the next two
years, she slid not believe the voters, including herself, would again support
another 5% extension.
Frank Tysen, resident and hotelier, stated the tourism is the City's main industry,
which must be continued, and promotion must be stepped up, yet still pay attention
to why people come to the desert; and that he did not appreciate the wavy in which
the proposal to contract the tourism activity was conducted.
Dick Sroda, resident, stated that the tourism decision should be made in open
session; that the City creates bad publicity For itself. He also commented
concerning Item 4, in that the City should be following its investment policy.
Fred Ebeling, resident, agreed with Mrs. Jablow; and added that there are a great
number of senior citizens whose rights should be considered; that lie was impressed
with the season lights; and that tourism dollars should not be cut, since those
dollars make money for the City.
b) Comments concerning Item 2: '
Ronald Palfrey, resident, Talrquitz Creek Men's Club President, concurred with
adjustments made relative to the fee for golf course walkers, and that be considered (114-
it viable, and one which should be adopted. 010)
Rick Howard, General Manager, Arnold Palmer Golf Management, indicated his
availability to answer questions.
Council Minutes
11-19-97, Page 5
c) Comments concerning Item 3:
Dave Bell, Dave's Towing, stated that an ad hoc committee met with the CHP and
established three years of experience as the requirement for licensing under CHP;
that all of the companies who were awarded contracts are members of the Tower's
' Association and meet the requirements.
Robert J. Woods, Brothers Towing, stated that the towers deal with people and
their largest or second largest investments - their automobile - and the CHP criteria
should be followed; that the CHP inspects the tower's records and equipment; and (143-
that he felt the City was receiving the best service through the current three 004)
providers.
Richard Dugas, RD Towing, stated that lie has been in business for five years, and
looks forward to being able to bid on the next towing rotation contract; and that
someone should not be able to "buy" their way into the rotation.
Jesse Mohica, Mohica Towing, stated that he is now in the rotation, but bad to wait
until he met the criteria; that offering the rotation to a fourth tower will affect the
work distributed to the other three; that it is currently difficult to break even
financially; that the CHP standard is for the towing industry and not just for Palm
Springs; and that thus far, the providers had not received a signed contract, and
were operating on good faith.
Pero Ramirez, Frontera Towing, stated that if the opportunity is going to be
extended to a fourdr tower, lie would also like to bid on it.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
a) Mayor reported that the CVB JPA met, and funding for the Airline Task Force,
and its decision was to perhaps look at the issue again next year, but in the
meantime, cities would be expected to again contribute additional funds for this
year ($50,000 for Palm Springs); and that he presented the City's position that the
four payments made thus far were intended as seed money, and the CVB
contribution has increased by $291,000 which should be used to begin funding the (050-
airline task force. He stated that data is being compiled to begin the dialogue. 008)
Councihnember Barnes slated he is on the Airline Task Force has not seen any
specific budget for it, and appreciated the Mayor's efforts in trying to address this
issue.
b) Councilmember Oden reported on local events which he attended, and requested
that new businesses be invited to introduce themselves to the Council perhaps at
study sessions.
LEGISLATIVE ACTION:
2. COMPREHENSIVE FEE SCHEDULE AMENDMENT - GOLF COURSE FEES
Consideration of Resolution mnending the Comprehensive Fee Schedule concerning fees for
the two city-owned golf courses (Taliquitz Creek Golf Resort).
' Parks, Recreation & Golf Director reviewed the memorandum of Director, Department of (114-
Transportation, noting that the Council approves the residential rates for the old/legend 010)
course, and the schedule is currently cumbersome and the effort was to simplify it, and to
create consistency between the two courses; and that the resolution was revised since the
last meeting, to provide that the fee for walkers will increase from $20 to $25 for
weekdays.
Councihnember Spurgin stated that she would like to bring back the issue of defining
"resident" which she has reconsidered as anyone who purchased their home in Patin
Springs, and who is paying taxes, and perhaps the only identification need be their tax bill.
A"
Council Minutes
1t-19-97, Page 6
City Manager stated lie would note that for a future session.
Resolution 19154 amending the fee schedule, was presented; after which, it was moved by
Hodges, seconded by Barnes, and unanimously carried, that R19154 be adopted.
3. TOWING SERVICES '
Discussion regarding possible additional towing service providers.
City Manager reported receipt of a letter from Michael Harris, attorney for Al
Reichle/Western Towing and Recovery, asking if it was possible that the towing services (143-
matter come forward again, and the issue is whether they have met the standards , or what 004)
would be required for them to become part of the program.
Councilmember Oden questioned if all of the contract providers meet the land use
requirement, and stated that the City requirements are equally as important, and that there
should be compliance across the board.
In answer to question by Council, City Manager stated that lie would report back as to the
length of the existing contracts, the land use permit compliance, and other information
desired; and that this was on the agenda because of the request, and at least some indication
the Council would at least consider it; and that he was not aware of any problems relative to
the, existing providers, but lie would also check on that.
Councilmember Barnes stated that it did not sound like there was a need for a fourth
provider, and be questioned why it was being reviewed at all, since it is in the middle of the
contract term.
Councilmember Oden stated that since the form was considered to April, and if the three
year experience requirement is met within the contract term, the: question was whether it
was possible to include them now.
City Manager to review and report responses to questions.
4. CITY INVESTMENT POLICY - REVISED & RESTATED
Recotmnendation: That the Council approve a revised and restated investment policy,
pursuant to State law requirement that such policies be reviewed amorally by the Council at
a public meeting.
Director of Finance & Treasurer reviewed details of his memorandum, noting that State law (114-
requires amoral review of the policy, and that the changes are refinements of the existing 004)
policy; that the City has bad such a policy since 1985, prior to the statutory requirement.
He responded to question by Council, noting that there is no change in maturity levels, only
in the range of percentage, and that the total available on any given day is 65%.
Council consensus was to refer this to the Finance Committee for review and report.
It was moved by Hodges, seconded by Oden, and unanimously carried, that this matter be
referred to the Finance Committee for report.
5. ZONING TEXT AMENDMENT (Intro. I1-5-97) '
City Clerk read title of Ord 1550; after which, it was moved by Oden, seconded by (103--
Hodges, and unanimously carried, that further reading be waived, and 01550 be adopted. 04911
6. ADDITIONAL LEGISLATIVE ITEMS:
Council Minutes
11-19-97, Page 7
6A. IMPLEMENTING AGREEMENTS BETWEEN FIRSTPOINT CALIFORNIA, INC.,
AND CITY OF PALM SPRINGS ENERGY SERVICES
Item withdrawn.
CONSENT AGENDA:
7. MO 6052 approving Settlement Agreement with P.S. Suns Professional Baseball Club, Inc., for (115-
a total payment to the City of$22,000, A3876. Mayor requested monthly reporting as to 002)
collection of payments.
8. MO 6053 authorizing expenditure of $13,290 for two water meters with backllow devices in (147-
conjunction with the Mid-Valley Parkway Airport extension, from the Desert Water Agency. 002)
9. MO 6054 approving a sublease between Illinois Tool Works, Inc. and DABZ, Inc. dba SSC (051-
Racing, for Airport property at 3101 E. Alejo Road(A3308). 066)
10. MO 6055 approving contract services agreement with G&M Constriction for two sewer laterals
at 494 and 495 Santa Elena, for a total of$5,445, A3877. Hodges abstained; client of (128-
employer. 004)
11, MO 6056 approving Amendment 6 to the agreement with Bein, Frost & Associates for $9,300 (130-
for design of a new traffic signal at Gene Autry Trail and Tachevah Drive, (100% grant 001)
funded, CP95-27, A3298). This item discussed separately; Council concerned as to number of
signals and locations of signals on Gene Autry Trail; time to be scheduled for further review
and direction as to the entirety of Gene Autry Trail.
' 12. Res 19155 approving Payroll Warrants, and Res 19156 approving Claims & Demands. (086-
016)
Note abstentions, if any:
Councilmember - Warrant# - Payee - Particular Nature of Conflict
Hodges 926054 G&M Constr Client of Employer
926059 Granite Const Client of Employer
926139 Al Miller Roof Client of Employer
926258 J. Wessman Client of Employer
926276 Desert Cities Client of Employer
926277 Desert Cities Client of Employer
Spurgin 926221 D. Spurgin Spouse
It was moved by Spurgin, seconded by Oden, and unanmously carried, that MO 6053 through
6056 and Resolutions 19155 and 19156 be adopted.
It was moved by Oden, seconded by Spurgin, and unanimously carried, [hat MO6052 be
adopted.
It was moved by Hodges, seconded by Oden, and unanmously carried, that MO6057 be
adopted.
ADDED STARTERS: None
' REPORTS & REQUESTS:
CITY COUNCIL reports or requests
a) Councilmember Oden requested report regarding the adequacy of signing for the
Vista Chino/N. Palm Canyon left-turn signal.
b) Councilmember Spurgin requested an update on the procedures for collecting
delinquent sales tax; and a report regarding parking lot improvements at the Mizell
Senior Center; City Manager suggested that it include an update on die CIP.
Council Minutes
11-19-97, Page 8
PUBLIC reports or requests
STAFF reports or requests
ADJOURNMENT '
There being no further business at 9:45 p.m., the Mayor declared the meeting adjourned to A Joint
Session with the Tribal Council on November 25, 1997, at the Spa Hotel, .at 6:30 p.m., thereafter to
be further adjourned to Tuesday, December 2, 1997 at 12 Noon for Swearing-in Newly Elected
Councilmembers, in the Council Chamber. \\
JUDITI-I SUMICH
City CIE!&