HomeMy WebLinkAbout1998 - MINUTES - 1/7/1998 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JANUARY 7, 1998
A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order
by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday,
January 7, 1998, at 5:30 p.m., at which tune, 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: Comncilmembers Barnes, Hodges, Oden, Reller-Spurgm, and
Mayor Kleindienst
Absent: None
The meeting was opened with the Salute to the Flag led by Boy Scout Troop 86, and an invocation
by Rev. Junes G. Griffes, P.S. Presbyterian Church.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on January 2, 1998.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 5 of agenda this date.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY - No Business
PRESENTATIONS: Presentation of Plaques to Former Cornnissioners Fritz Frauchiger, Public
Arts Commission(Unable to attend, Stan Layne Brosarnle, Human Rights Commission and Brad
Dunning, Historic Site Preservation)
APPROVAL OF MINUTES:
It was moved by Oden, seconded by Barnes, and unanimously carried, that the minutes of
December 10 and 17, 1997, be approved.
PUBLIC HEARINGS:
I. PNA - SUBSTANDARD BUILDING - 517 E. VISTA CHINO
Recommendation: That the Council declare the building at 517 E. Vista Chino substandard
in violation of the Health & Safety Codes and the Uniform Building Code; and that the (057
nuisances created are subject to abatement; and order the repair or demolition thereof in a 013)
timely manner, and authorize the demolition should the owner fail to abate the public
nuisances.
Director of Planting & Building reviewed details of his nnernmandum, and recolumendation
that the Council order the repair or demolition by the owner, and authorize the staff to
demolish the building if the owner fails to repair or demolish it. He reviewed the history of
the abatement proceeding, beginning with the first complaint in April, 1992; subsequent
inspection and action dates; and repeated failure of action or contact by the property owner.
He stated that inspection was made on this date, and evidence of drug use and vagrancy was
apparent; that the staff has tried everything to contact the property owners, including a
letter sent certified mail by the City Attorney, restating the violations listed in the Notice,
and emphasizing the corrective actions necessary, and the owner's legal options, to Lie eight
individual owners on September 19, 1997; and that die property was posted on September
23, 1997, as unsafe to enter and occupy. He displayed photographs of the property.
Mayor declared the hearing open; there were no appearances, and the hearing was closed.
Cou cilmember Oden stated that the Council saw this area in its visiting of the community
and identified it as one of the "Recapturing Our Neighborhood" areas, and this is a
response to the community to address these dilapidated properties. He added that this
particular property is adjacent to a small hotel, and it has affected that hotel significantly.
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Council Minutes
1-7-98, Page 2
Resolution 19175 as recommended, was presented; after which, it was moved by ]Hodges,
seconded by Reller-Spurgin, and unanimously carried, that R19175 be adopted.
2. ZTA 5,0400 - ZONING ORDINANCE AMENDMENTS
Recornmendation: That the Council adopt miscellaneous amendments to the Zoning
Ordinance to provide for an enhanced development enviromuent while maintaining City
standards; provide for more efficient permit processing; and provide for increased
consistency within the Ordinance.
Director of Planting & Building distributed a revised legislative draft of about 40 pages,
which contained mostly title changes for the department and staff; and those sections felt to
be urgent for amendment at this time; and that the remainder of the changes could be
continued to the next meeting, or a study session, if so desired. He explained the changes
proposed at this time deal with "assisted living" in terms of definition and other housing
type definitions and as those relate to a number of zones, including a prohibition of assisted
living facilities in the N-zone; added a definition of "pawn shop" and provided a minimum(103-
distance between pawn shops in the C-1 zone; added "animal hospital" as a use permitted 039)
under a CUP in the P-zone. He explained in detail changes proposed concerting walls in
front yard setbacks in R-1. He referred to a letter from Harold Baumea, Broadmoor Drive,
which was distributed to the Council at the beginning of the meeting by Mr. Baumea, and
stated that Mr. Baumeau has a lot on a very wide parkway, and that he addressed the
Cormnission and attended the various meetings during discussion by the Commission, and
the Commission could not find a way to codify Mr. Baumea's request; rather it concluded
that under the Administrative Minor Modification portion of the ordinance, the staff could
reduce the setback to 12-ft, which would allow him to have a 6-ft high wall. He stated that
the amendment allows variation in the line of sight design element along a street. In answer
to question by Council, lie stated that regulations addressing antique and thrift shops are a
part of the overall revisions, but would be addressed during the discussion on the remainder '
of the issues, and is not included in the revised proposed ordinance.
Mayor declared the hearing open.
Harold Baumea, Broadmoor Drive, read his letter, a copy of which is on file with the City
Clerk, and added that theta are a lot of walls in older areas willh 6-ft high fences on the
property line; that his street is 40-feet between curbs, with an additional 10-11 parkway
between the curb and the property line; that if the additional 15-ft setback to allow a 6-11
high wall is applied, the wall would be 25-ft away from the curb, yet his pool is only 22-ft
from the curb.
There were no further appearances.
In answer to continent by Council, the Director of Planning & Building stated that the
Commission took a long time in reviewing the wall regulations, and with the exception of
the Movie Colony and Merito Vista Tract, there were no 6-t walls any closer than 25-ft
from the property line; that lie thought use of the new provision would be isolated; that the
provisions allows for 5-it high walls on the property line, under conditions, which is a
compromise to allow privacy and security, without completely changing the character of
neighborhoods; that higher walls may have to be. dealt with in the Movie Colony and Merito
Vista Tract because they have historically been 6-ft or higher on the property line.
Councilmember Hodges commented that it appeared the most attractive part of one's front '
lawn or yard area would be outside of the wall, between it and the.curb.
Mayor stated that there are a combination of options - 4 1/2 feet, 5 feet, and 6 feet, and that
he could not support a 6-ft wall on the property line in all residential areas; rather the
proposal gives levels to select; that he would not want to see a corridor of walls and parked
cars on the street; and that the trade-offs recommended are interesting and fair.
Counciltnember Barnes agreed, and added that he recently drove through a neighborhood
which had such a tunnel effect, and considered the recommendation flexible and providing a
variable line of sight element.
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Council Minutes
1-7-98, Page 3
In answer to questions, Director of Plarming & Development noted oil the display map the
C-1 areas along both North and South Palm Canyon Drive, and stated that since there is a
pawn shop located on South Palm Canyon, the next closest location would be 2500 feet
away, or at about Via Colusa; and that there are no pawn shops along North Palm Canyon,
' and the number of locations will depend upon where the first locates - with a maxhmun of
four locations. Principle Planner stated that the Up-Town group was advised of changes
that were under consideration at a meeting at the Palm Canyon Theater, and there were no
negative comments; additionally, all information was sent to the Downtown Development
Center Director.
Councilmember Oden commended the Commission and staff for the updates, and in
addressing a number of issues which were brought up over the past year.
City Clerk read title of the Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE ZONING ORDINANCE IN REGARD TO ADDITIONAL SITES FOR ANIMAL
HOSPITALS, CLARIFIED REGULATIONS REGARDING GROUP
HOUSING/RESIDENTIAL CARE FACILITIES, T14E LOCATION OF PAWN SHOPS IN
THE UPTOWN AND OTHER AREAS; AND INCREASED WALL HEIGHT IN
RESIDENTIAL FRONT YARDS; ALONG WITH OTHER MISCELLANEOUS
AMENDMENTS.
It was moved by Barnes, seconded by Odell, and unanimously carried, that further reading
be waived; that the hearing be continued to January 21, 1998, and that the revised
Ordnnance be introduced for first reading.
' PUBLIC COMMENTS:
a) Cormnents on matters not related to an agenda item:
Mike Cole, resident, expressed disappointment at the manner in which the Council
addressed the Airport shuttle issue; that he considered it the Council's duty to
promote local constituents and local businesses as much as possible; that four
members appeared to support further study, until after the recess, at which point
the Council unanimously was opposed, and he considered the member's reasons for
doing so hnplausible.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
a) Mayor announced the schedule of memorial services for Congressman Sonny
Bono. He also reported on status of Surface Transportation Improvement Program
grant allocation, and the issue or voting, membership status, and the decision
facing the City Selection Committee, as well as the issue corning before the
Executive Committee of CVAG witlwi the following two weeks.
LEGISLATIVE ACTION:
3. AA 3.1582 - 755 SATURNINO ROAD
Reconnnendation: That the Council waive the joint public hearing provision of the Land
Use Agreement regarding an appeal to the Tribal Council of the City Council denial on 111-
December 3, 1997, of architectural approval for a single-family residence at the above 001)
location.
Director of Planning & Building explained the nature of the project, and stated that the
denial was based on inconsistencies with the City's General Plan and Zoning; that waiving
the joint hearing, will allow the Tribal Council to move ahead quickly, and it will likely
grant the Indian landowner approval to build the house; that the applicant's attorney has
submitted a letter, that if granted by the Tribal Council, he will comply with conditions set
forth in the proposed resolution, which also waives the requirement for the joint hearing.
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Council Minutes
1-7-98, Page 4
In response to questions by Council, the Director stated that it is possible that the Tribal
Council could act prior to the already scheduled joint meeting with the City Council on
January 28; that its procedure is to refer an appeal to its Planning Commission for review,
and then to hold the joint hearing with the City Council; that its Planning Consultant, Tom
Davis, has indicated to him that it will likely be approved, as it is a function of the Tribal
Council to help the allottees. He stated that the Council's concerns are a matter of record,
and that the proposed resolution also acknowledges the conditions and that the applicant has
agreed to comply with them.
Resolution 19176 as recommended, was presented; after which, it was moved by Hodges,
seconded by Oden, and unanimously carried, that R19176 be adopted.
4. C.U.P. 5.0753 - CJIP CORPORATION
Recommendation: That the Council adopt Resolution of Convenience and Necessity to
allow sale of beer and wine at the mini-mart at 4144 E. Ramon Road (PI) 189), Section 18.
Director of Planning & Building highlighted his memorandum.
Mayor stated lie would abstain, since the applicant is a client of his spouse.
COuneillnember Reller-Spurgin stated she would oppose the action, and that she does not(078_
believe in alcohol, and will not lend her name to a resolution of convenience and necessity 068)
for liquor, i.e., at a gasoline station.
Councilmember Hodges stated she favored the mini-mart at this location when it was
originally built, and continues to do so today.
Resolution 19177 as recommended, was presented; after which, it was moved by Hodges, '
seconded by Barnes, and carried by the following vote, that Rt9177 be adopted:
AYES: Barnes, Oden, Hodges
NO: Reller-Spurgin
ABSENT: None
ABSTAIN: Kleindienst.
5. P.S. ENERGY SERVICES
Recommendation: That the Council approve the following agreements: a) retail services
agreement with FirstPoint of California; b) power purchase sale agreement with Emron(147-
Power Marketing Inc.; and c) financial risk assurance agreennent with FirstPoint of 004)
California, A , and
City Manager requested this matter be rescheduled for an adjourned meeting on January 14;
after which, it was moved by Reller-Spurgin, seconded by Barnes, and unanimously
carried, that this matter be continued, as recommended.
6. FLOOD CONTROL- AREA DRAINAGE PLANS & DETENTION/RETENTION
POLICY
Recommendation: That the Council adopt Rules and Regulations for Administration of
Area Drainage Plans, and clarify the City detention/retention policy (reference: Master Plan
for Flood Control and Drainage, RCFCD, Res 9107).
City Engineer reviewed the memorandum of the Director, Dept. of Transpoiiation, and (088-
stated that the proposed policy provides the flexibility desired by the Planning Commission 003)
concerning flood water and drainage concerning project development; and as required by
the Riverside County Flood Control Master Plan for Drainage.
OWDS
Council Minutes
1-7-98, Page 5
In answer to question by Council, Director of the Dept., Transportation stated that the
retention bashi on Vista Chino is the responsibility of the Airport (as a result of land
exchange) and there are currently budgeted funds to address landscaping of it.
Resolution 19178 as recormnended, was presented; after which, it was moved by Oden,
' seconded by Hodges, and unanhnously carried, that R19178 be adopted.
7. 1998 DESERT AIDS WALK
Recommendation: That the Council authorize expenditure of up to $500 to fund cost of (085-
City support services for the 1998 Desert AIDS Walk, February 15, 1998. 013)
Parks, Recreation & Golf Director highlighted the memorandum of the Director, Dept. of
Transportation, noting that this will be the 101h ammal event; that it is endorsed by Main
Street, and the route is acceptable to all parties; that there is money available in the
Conunmzity Promotion Fund; and prat the action is unartimously supported by the Parks &
Recreation Commission.
Minute Order 6069 as recorrunended, was presented; after which, it was moved by Reller-
Spurgin, seconded by Barnes, and unanhnously carried, that MO6069 be adopted.
8. CVAG AS TRANSPORTATION AUTHORITY
a) Discussion& action, if any, re CVAG becoming a Transportation Authority. (123-
No action to report; nor any action taken. 025)
9. ADDITIONAL LEGISLATIVE ITEMS: None
' CONSENT AGENDA:
City Engineer responded to question for clarification concerning Item It, i.e., that the street does
not service any City area, but was shown on the subdivision map for the particular tract.
Director, Dept. of Transportation also responded to question for clarification concerning Item 12,
i.e., that this phase was intentionally omitted from the contract, since it was not known at the time
how extensive the project would be in terms of total costs, and if there was enough money to do all
of the project; and that the fee represents about 4.5% of the contract price, which usually is closer
to 6%.
10, MO 6070 authorizing City Manager to enter into separate agreements with E.L. Yeager
Construction Company, Inc., James 0. Rue Construction Company, Inc., and U.S. Rentals, to
provide heavy equipment and labor in the event of an emergency; said agreements to be in a
form approved by the City Attorney.
11. MO 6082 approving an agreement with the City of Cathedral City for Cathedral City to pave,
maintain and repair the portion of Carey Road within the Palm Springs city limits, at no cost to (136-
the City, A3890. 056)
12. MO 6083 approving Amendment No. 1 to A3802 with Michael Buccino Associates for
' construction oversight services related to CP97-25C, Mid Valley Parkway Airport Access (123-
Landscaping Project, not to exceed $9,200. 020)
13. MO 6071, 6072, 6073, 6074, and 6075 (5) approving amendments to contracts for plan check (112-
engineering, to extend the tern of each contract through March 31, 1998: A3273 Mahriero, 005)
Smith& Assoc, A3274 ASL Consulting Engineers; A3382 BSI Engineering; A3830 NRO
Engineering; and A3584 Sanborn A & E.
14. MO 6076 authorizing a three-year agreement, in a form approved by the City Attorney, for (117-
uniform rental and cleaning services with Prudential Overall Supply, on the basis of unit prices 028)
for an animal expenditure not to exceed $25,000, for a total contract not to exceed$75,000,
Council Minutes
1-7-98, Page 6
A3891.
15. MO 6077 authorizing extension of agreement with SunLine Transit Agency for installation and (143-
maintenance of bus shelters, to December 31, 1998, A3071. 002)
16. Res 19179 approving an Encroachment License to allow construction of a block wall one-foot in '
height, with wrought iron on top, within the City's golf course easement, at 5190 Lakeside (0 )2
O11)
Drive, A3892.
17. MO 6078 approving Amendment No. 1 to lease A3085 with Walter H. Annenberg, for (051-
approxinately 1.4 acres of Airport property, to delete Article XXII -Recapture clause; said 060)
agreement expires 9-15-2001, with option for additional five years.
18. MO 6079 approving purchase of four police patrol units through Cooperative Purchase with the (084-
County from Ramsey Street Ford, Bannnrg, at a unit price of $19,947.55 plus sales tax, and 015)
MO 6080 authorizing direct payment to Folsom Lake Ford, for a CNG F250 Ford Pickup,
previously authorized for purchase through Ford Motor Credit Lease Program (MO5878).
19. Res 19180, 19181 and 19182 approving Payroll Warrants and Claims & Demands. (086-
016)
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Reller-Spurgin 928002 D. Spurgin Spouse
Hodges 927318 Chris Foster Client of Employer
927850 Chris Foster Client of Employer
927457 Preferred Plumbing Client of Employer
927969 Preferred Plumbing Client of Employer
927852 G & M Const Client of Employer
927860 Granite Const Client of Employer ,
20. MO Continued to 1-14-98 approving form of proposed customer service agreement to be (147
entered into between P.S. Energy Services and individual customers. 004)
21. MO Continued to 1-14-98 approving contract with Art Lyons for energy services consulting, (147-
cornnencing January 1, 1998, through December 31, 1998, for not to exceed $47,200, 004)
A
22. MO 6081 approving agreement with Albert Grover & Associates, Inc., for engineering (136-
services, for a study to convert of traffic on Indian Canyon Drive to two-way, CP96-113, not to 027
exceed$45,000, A3893.
It was moved by Oden, seconded by Barnes, and unanimously carried, that MO6070 through
6081, and Resolutions 19179 through 19182 be adopted, and that Items 20 and 21 be continued
as noted; MO6082 and 6083 were separately moved, seconded and unanrinously carried.
ADDED STARTERS: None
REPORTS & REQUESTS:
23. DEPARTMENTAL REPORTS - Received & Ordered Filed
(002)
a) Treasurer's Investment Report - October, 1997 002;1
PUBLIC reports or requests - None
CITY COUNCIL reports or requests
24. COUNCIL APPOINTMENTS
On December 17, the Mayor requested that the appointments of Councihnembers to various
intergoverruneutal agencies be reviewed, and updated, if necessary.
0;;97
Council Minutes
1-7-98, Page 7
Councilmember Barnes stated that the CV Youth Commission has been combined with the
Human & Community Resources Committee, and that Ire was available to serve as the
member to that Committee. There were no other changes made to the interagency
appointments.
' 25. BOARDS & COMMISSION VACANCIES
Direction, if any, concerning existing vacancies on boards/commissions:
Admin. Appeals Bd 1, 6-30-98
Historic Site Presery 1, 6-30-99
Hunan Rights Coin 1, 6-30-99
1, 6-30-00
Public Arts 1, 6-30-98
Rent Review 2, 6-30-99
Mosquito Abate Distr 1, 12-31-97-Ms. Pricer reappointment.
In response to questions, City Clerk stated that the Annual recruitment process begins
March 1, 1998, and that Council could fold these vacancies into that process, continue to
recruit separately, or provide any other direction it so desired.
It was the consensus of the Council that Leslie Pricer be reappointed to the Coachella Valley
Mosquito Abatement District; after which, it was so moved by Kleindienst, seconded by
Reller-Spurgin, and unanimously carried, that Ms. Pricer be reappointed for the terra (060-
ending December 31, 1999. 013)
' City Clerk was instructed to begin the armual recruitment process February 1, and to
include these vacancies.
26. COUNCIL REQUESTS
a) In response to question by Council, Director, Dept. of Transportation stated that a
review of the Airport Improvement Plans, including the multi-modal transportation
facility, will be presented at a near study session.
b) Councilmember Hodges requested that the DeMuth Park concession proposal that it
be operated by the City be placed on a future agenda for discussion. She also
requested a listing of the items which are pending study session scheduling.
c) Councilmember Barnes requested that a presentation by the Senior Softball League
be scheduled for January 21, 1998.
STAFF reports or requests - None
There being no further business at 8:45 p.m., the Mayor declared the meeting adjourned to 6:30
p.m., Studio B, January 14, 1998.
� JUDITH SUMICH `
City Clerk