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HomeMy WebLinkAbout1999 - MINUTES - 5/19/1999 CITY OF PALM SPRINGS CITY COUNCIL MINUTES MAY 19, 1999 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, May 19, 1999, 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, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on May 14, 1999. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities)- See items on Page 5 of agenda this date. PRESENTATIONS: PSUSD High School Report Mental Health Month-Tom Pettit Comprehensive Annual Financial Report Fire Department Presentation-Certif of Perf(FEMA)Capt. Shiner Phoenix Challenge Proclamation to Eric Pollard HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY -No Business PUBLIC HEARINGS: 1. DELINQUENT WASTE DISPOSAL SERVICES Recommendation: That the Council adopt a resolution placing delinquent waste disposal services accounts for the fiscal year ending June 30, 1999, on the Riverside County 005) property tax rolls. The purpose of this action is to provide a more efficient means of 005) collecting delinquent accounts. Director of Finance and Treasurer reviewed his memorandum. Mayor declared the hearing opened;there were no appearances, and the hearing was closed. Resolution 19516-A as recommended,was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried,that R19516-A be adopted. 2. 1998 CALIFORNIA CODES AND 1997 UNIFORM CODES,AND LIFE SAFETY CODE Recommendation: That the Council adopt, with amendments, additions and deletions, the 1999 editions of the California Building Code, Fire Code, Mechanical Code, Plumbing Code, Electrical Code and the 1997 editions of the Uniform Housing Code, Uniform Code (112- for Abatement of Dangerous Buildings, Uniform Solar Energy Code, Uniform Swimming 005) Pool, Spa and Hot Tub Code,Uniform Administrative Code, and the Life Safety Code. Building Official noted that this was the time set for hearing on the adoption of these codes; which were adopted by the State, and become operative locally by July 31,unless the local agency adopts them with local amendments;that the Board of Appeals reviewed the codes, and proposed amendments,and recommends adoption. Mayor declared the hearing open; there were no appearances,and the hearing was closed. Council Minutes 5-19-99,Page 2 City Clerk read titles of Ordinances 1570 and 1571;after which,it was moved by Reller- Spurgin seconded by Oden, and unanimously carved,that further reading be waived,and Ordinances 1570 and 1571 be adopted. 3. TM 29075,Z/C 5.0808-BERGHEER CALIFORNIA,INC. Recommendation: That the Council adopt a negative declaration and approve a proposed ' Zone Change 5.0808 to change the zone from R-1-AH to R-1-13, and the related Tentative (149_ Tract Map 29075 for a proposed 36-lot single family residential subdivision on 18.53 acres ) of land,located at the northwest corner of Paseo El Mirador and Pasco de AxLza. Director of Building and Planning reviewed details of his report,and recommendation of the (137- Planning Commission, which approved the project by a 4-0-2-1 vote; emd added that ) information concerning rodent control will be distributed to the neighborhood,since concern was raised that there may be a dispersal of them once grading begins on the site; that the homes are expected to sell in the$40,000 range, and engineers will be working on plans to reduce the elevation of the pads by several inches to minimize the large appearance of the homes,at least around the perimeter of the site. Councilmember Hodges stated that her residence is within 400 feet of the; property and would abstain. Mayor declared the hearing open. David Weaver, resident on DeAnza, stated that the street was improved around his house, which causes poor visibility, and suggested that a stop intersection be created at Pasco de nza and Pasco El Mirador; and expressed his opinion that the "old Howard Hughes" house should be bulldozed. Betty Rendell, resident in the area, stated that wild cats are a problem in the area, and ' questioned how the problem will be handled if they,too,becomes displaced by the grading. Director of Building & Planning stated that the Commission was not aware of a cat problem, and discussion was about rodents;that the information the developer will provide is that furnished by the CVMAD on fruit and roof rats; and that concerning the stop sign, the City Engineer responded to the concern, and a condition is included to require a stop sign on the NE comer of Paseo El Mirador and Pasco de Anza. There were no further appearance, and the hearing was closed. City Clerk read title of Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA„ AMENDING THE ZONING MAP FOR A CHANGE OF ZONE,FROM R-IAB (20,000 SQUARE FOOT SINGLE FAMILY RESIDENTIAL)TO R-1-B (15,000 SQUARE FOOT SINGLE FAMILY RESIDENTIAL) ON 18.53 ACRES OF LAND GENERALLY LOCATED ON THE NORTH SIDE OF PASEO EL, MIRA.DOR, BETWEEN PASEO DE ANZA AND AVENIDA CABALLEROS FOR CASE NO. 5.0808 TO BERGHEER CALIFORNIA, INC., FOR A, PROPOSED 36-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION, R-1- AH ZONE, SECTION 11. and Resolution 19517 as recommended, was presented; after which, it was moved by ' Reller-Spurgin, seconded by Barnes, and unanimously carried, Hodges abstaining, that R19517 be adopted; and that further reading be waived, and that Ordinance be introduced for first reading. 'Qf_. Council Minutes 5-19-99,Page 3 PUBLIC COMMENTS: a) Comments on matters not related to an agenda item: Joan K. expressed concerns as to how she was treated by American Airlines relative to her animals traveling on its airplanes. She was referred to staff for any assistance it might be able to offer her. Fred Ebeling, resident, commented about local government, voter turnout, Council responsibilities, and the Assistant City Manager-Operations. Eric Meeks, resident, expounded on his comment in prior meeting concerning use of the internet and a website for providing City services at reduced costs. b) Comments on Item 14: Dick Sroda, resident, stated his neighborhood also has a problem with wild cats, and that something should be done before someone is hurt. He also commented (117- on Item 14, that work plans have already been submitted, and he had a problem ) with performing work before it is approved. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: 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. b) Councilmember Hodges reported that the recent"flea market" netted the Dog Park and ' the Animal Samaritans each$1,555, which for the Dog Park will cover the cost of an additional shade canopy. c) Councilmember Oden stated that the Community Action Committee recently completed a county-wide needs assessment,which the poor ranked the following as the highest priorities: jobs with benefits,training and skills; food services, legal services, and clothing; and that the CAC developed a 2-year plan to address those concerns, and he hoped to spend more time at CAC this summer to learn more about these, and hopefully, staff can become knowledgeable to help in the community and regionally. He requested that the staff be asked to find "city pins" at less cost, as they are a good PR item, and are often requested. d) Councilmember Reller-Spurgin stated that she attended to CVAG meetings via teleconferencing, and was appreciative of the time saved, i.e.,one meeting only lasted twelve minutes. e) Mayor congratulated Stuart Williams,AIA on receiving the AIA Fellowship designation; noted that the Taxicab Committee met and reviewed rates, and current rates will remain unchanged; and reported that he has been working to gain support by Supervisor Wilson of the City's resolution concerning WECS 99 project, and will be contacting Supervisor Venable;also discussion that it may be possible to reopen discussion concerning the impact on city finances associated with Annexation 26. LEGISLATIVE ACTION: 4. REVENUE POLICY FOR LEISURE SERVICES PROGRAM, EVENTS AND SERVICES (114- Recommendation: That the Council amend Section IV.B, Rental and Permits, of the 004) Revenue Policy for Leisure Services, Program, Events and Services, adopted by Resolution 15859 concerning parks and recreation fees applicability to governmental and nonprofit agencies. Council Minutes 5-19-99, Page 4 Director,Department of Facilities reviewed his memorandum in detail;and responded to questions of clarification,noting that if there is a charge to attend a non-profit event,then the fee would not be waived;and that the Piranha has a separate contract. Resolution 19518 as recommended, was presented;after which, it was moved by Barmes, seconded by Oden, and unanimously carried,that R19518 be adopted. 5. 3600 E. RAMON ROAD(GOLDEN STATE ENTERPRISES -CONVENIENCE& NECESSITY Recommendation: That the Council adopt a Resolution of Convenience and Necessity for (136- an Arco AM/PM convenience mini-market with gasoline facilities located at 3600 E. 034) Ramon Road. Director of Planning&Building reviewed his report. Councilmember Reller-Spurgin stated that consistent with her prior action and desire not to have her name associated with "convenience and necessity" for alcohol, she would oppose the action. Resolution 19519 as recommended,was presented; after which, it was moved by Hodges, seconded by Barnes, and carried by the following vote, that R19519 be adopted.: AYES: Barnes, Hodges, Oden &Kleindienst NO: Reller-Spurgin ABSENT: None 6. ADDITIONAL LEGISLATIVE ITEMS: None. CONSENT AGENDA: 7. MO 6408 sponsoring the Palm Springs International Short Film Festival and Res 19524A (050- , temporarily suspending certain regulatory Ordinances to facilitate the 1999 Palm Springs 010) International Short Film Festival. 8. MO 6409 approving agreement between the County of Riverside, Economic Development (123- Agency and the City for$50,000 for the City as consultant to provide a business visitation 025) program, A4104. 9. MO 6410 approving Amendment#1 to A4044,K.R. Barker&Associates, for additional (051- airport communications consulting services for$39,680. 104) 10. MO 6411 approving Amendment#1 to A4023,C-Kell-Smith&Associates,for airport (051- consulting and project management services for the residential sound and insulation program 100) for$522,035. Kleindienst abstained re prior FPPC ruling concerning the Airport Master Plan. 11. Res 19520 approving an agreement with James E. Simon Co., for the Taxi/Bus Holding (051- Facility, including Alternatives 1 &3, for$396,863,A4105. 095) 12. See Item 16. 13. MO 6412 approving furnishing and delivering self-contained breathing apparatus for the Fire (084- Department to LifeCom Safety and Supply for$30,672.34. 016) 14. MO -WITHDRAWN--approving Amendment#5 to A3827, Tait&Associates.,for design (117- services for underground storage tank removal and replacement for$800, CP95-17. ) 15. Res 19521 and 19522 approving Payroll Warrants and Claims&Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Hodges 942036 Bldrs Supply Client of Employer (086- 942085 DWA Client of Employer 018) 942114 G&M Client of Employer Council Minutes 5-19-99,Page 5 942121 Granite Client of Employer Reller-Spurgin 942267 Spurgin Spouse It was moved by Barnes, seconded by Reller-Spurgin, and unanimously carried,that Minute Orders 6408 through 6412 and Resolutions 19520 through 19527 be adopted,with abstentions ' as noted. 16. WASTEWATER TREATMENT PLANT RATE STUDY Recommendation: That the Council approving an agreement with Integrated Utilities Group Inc.,for a wastewater treatment rate study for$38,055. (Item pulled for separate (127- vote,no further report given) A4106. 001) Minute Order 6413 as recommended,was presented; after which, it was moved by Barnes, seconded by Oden, and carried by the following vote,that MO6413 be adopted.: AYES: Barnes,Oden, Reller-Spurgin and Kleindienst NO: Hodges ABSENT: None ADDED STARTERS: AS1. COUNTY WECS ORDINANCE AMENDMENT It was moved by Barnes, seconded by Hodges, and unanimously carried, that this matter be determined eligible for consideration. Recommendation: That the Council recommend to the Board of Supervisors that the existing scenic setback requirements along I-10, east and west of Hwy 111 within the (123- ' City's Sphere of Influence, and along Hwy 62, be maintained consistent with the ) provisions currently specified in the County Wind Energy Ordinance. Director of Planning & Building reported that the County felt that because of the amount of development which has occurred in the wind energy area, i.e., billboards and utilities, that there was no longer a need for the scenic corridor; that in this stretch of land, there have only been 3 billboards from the Whitewater grade east, and only one new one at Hwy I I I on Indian land; that only one utility corridor was developed, and it does not affect this area; that Hwy 62 is outside the City's sphere, however, it has a 1/4 mile setback and offers a beautiful gateway to Joshua National Monument;that the prohibition remains south of Hwy I I I and for a certain distance north of Hwy 111. He stated that there are no WECS east of Indian Avenue, and some within the Desert Hot Springs' Sphere of Influence,and a meeting was held in Palm Desert. Mayor stated that all cities in the valley use the same corridors to traverse the valley, and he hoped the concerns about the scenic aspect are held in common with each other, and that they would be supportive of preserving them. Director of Planning & Building stated that there is a safety setback that would be required, i.e.,a 1.5 ft setback for each one-foot of turbine height. Mayor stated that if his calendar permits, he will present the resolution to the Board; Councilmember Barnes offered to serve as an alternate if that is not possible. ' Resolution 19523 as recommended,was presented; after which, it was moved by Hodges, seconded by Barnes, and unanimously carried,that R19523 be adopted. REPORTS &REQUESTS: 17. DEPARTMENT REPORTS - Received&Ordered filed a) Treasurer's Investment Report as of March 31, 1999 (121- 002) w C:J's.: Council Minutes 5-19-99,Page 6 CITY COUNCIL reports or requests a) Board/Commission appointments: Mayor announced the following appointments,which upon motion by Barnes, seconded by Reller-Spurgin, were approved: Re-appointment of Jeff Jurasky&Ralph Raya to Planning Commission(terms ending 6-30-02); and appointment of Shawn Smith to , Personnel Board(for term ending 6-30-02). PUBLIC reports or requests a) John Tymon, resident, excerpted concern over a recent radio prograrn on the Marshall Gilbert Show, and stated that comments made at that time could be proven; and that the cabs at the Airport are either new, or finely maintained vehicles. Mayor noted that the vehicles at the Airport are continually inspected, and immediately removed if found to be unsafe or fail to meet requirements, and he felt the cabs are in the best shape they have been in for many years. b) Jim Jones, resident, stated that at a recent meeting, he was approached by a housing developer, who informed him that he was ":playing his trump" card and that he had done a background investigation on Mr. Jones. He expressed concern as to why such a person would make an advance investigation, and he questioned who else they may also have investigated. STAFF reports or requests a) City Manager announced that the proposed budget was delivered to the Council. ADJOURNMENT , There being no further business at 9:30 p.m.,the Mayor declared the meeting adjounied to Wednesday,May 26, 1999 at 6:30 p.m., in the Council Chamber for ajoint meeting with the Tribal Council. -JUDITH SUMICH City Clerk 1