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HomeMy WebLinkAbout5/16/2001 - STAFF REPORTS (3) CITY OF PALM SPRINGS CITY COUNCIL MINUTES MAY 2, 2001 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor pro tem Oden, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, May 2, 2001, 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 Jones, Hodges, Oden, Reller-Spurgin Absent: Mayor Kleindienst The meeting was opened with the Salute to the Flag, and an invocation by — Reverend Drasen-New Thought Center-Religious Science REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on April 27, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 7 of agenda this date. PRESENTATIONS: Shriners Presentation Police Department Commendations Proclamation declaring May to be Mental Health Month HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: a) Comments on Item 23: Dick Haskamp, 6 Warm Sands Place, owner of the Street Bar on Arenas, stated that several years ago the City had met with business owners on Arenas for a new parking plan; that everyone loved the idea; that the plan is now coming forward due to funds being available to implement the plan; that the plan is endorsed by all that have been spoken with; that it will be a good addition to the area and requested Council approval of the recommendation. Alan Seymour, 2215 Desert Palms Drive, co-owner of Hunters Bar and Video, stated that the plan is familiar, but that it is hoped that the parking will be limited to two hours and that the rents for the properties will not be increased by the landlords due to the public funding improvements. Joy Meredith, Crystal Fantasy, stated that the action before the Council for the Henry Frank Arcade and Arenas Road parking improvements is needed and was brought forward in an expeditious manner; that once employee parking downtown is under control, the rest of the downtown parking will follow. Council Minutes 05-02-01, Page 2 b) Comments on matters not on the agenda: Wendy Busing-Kohn, 591 N. Belardo, stated that the web site for the Sunshine Initiative is proceeding; that the public is encouraged to view the site for facts and referrals; that the Youth Commission is still meeting and some issues are being addressed; that one issue is the youth having a booth at Villagefest; that the youth did have a booth and it was successful; that the youth were then informed that it would be allowed on a rotational basis; that the need is now for the youth to have a part of Villagefest and requested Council assistance in obtaining a spot for the youth at Villagefest. Jed Poole, 378 W. Baristo, stated that there have been problems cited with youth hanging out at Starbuck's during Villagefest; that the concept of giving the youth a spot to congregate at Villagefest was working; that there were 200—250 youths at the spot designated by the Villagefest Board; that the Desert Dance Collective which was coordinating the site has been informed that it will only be allowed on a rotational basis; that each week the group is not there, resources are being lost, and requested the Council step forward on behalf of the youth. APPROVAL OF CONSENT AGENDA: Items 1 thru 11. It was moved by Reller-Spurgin, seconded by Hodges and unanimously carried, Kleindienst absent, that Items 1 thru 11 be adopted. CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. 1. Approval of Minutes of April 4 & 11, 2001. 2. Res 20031 authorizing the City Manager to execute all necessary paperwork to accept Fiscal Year 2000-01 Airport Improvement Grants from the FAA in an amount up to $5 million. 3. Res 20032 approving contract with Sierra Landscape Company Inc., for the Ramon Road Landscape Project for $239,000, and appoint the Assistant City Manager-Special Projects as project administrator, with authorization to approve change orders up to 7% of the bid price, CP01-03. A4359. 4. MO 6840 approving contract with T & M Construction for airport residential sound insulation program, Phase III for 116 homes for $2,217,888, subject to FAA approval, CP00-30. A4360. 5. Res 20033 approving Parcel Map 29450, Mainiero, Smith and Associates, representing Loew's H.I.W. to divide property located at 5001 Ramon Road East, APN 680-170-018, Section 20, T4S, RSE. 6. Res 20034 approving Parcel Map 29109, Sanborn A & E, representing Robert Greer, to divide property located at 525 Patencio Road, APN 513-070-012, Section 15, T4S, R4E. Council Minutes 05-02-01, Page 3 7. MO 6841 approving Change Order #2 with American Asphalt Repair & Resurfacing Cc in the 2000-01 Annual Slurry Seal Program for a decrease of $11,488.48, CP00-27. A4338. 8. MO 6842 approving Change Order #3 with Granite Construction Co., for traffic signal and street improvements for the Mid Valley Parkway, Phase III, Ramon Road and Gene Autry Trail for a decrease of$12,014.33, CP99-13. A4261. 9. Res 20035 declaring the intention to vacate Right, Title and Interests in a portion of the right-of-way dedicated for the public street named South Camino Real; and setting public hearing of same for June 6, 2001. Section 23, T4S, R4E. R- 01-008. 10. MO 6843 approving purchase order with Teleworks, Inc., for an automated citizens information system, including software, hardware, training and support services for $36,063. 11. MO 6844 approving purchase order with Zoll Medical Corporation for a Fire Department manual/advisory defibrillator, with related attachments, for $12,188.62, plus freight. EXTENDEDCONSENTAGENDA: None PUBLIC HEARINGS: 12. APPEAL— CASE 5,0862—AMENDMENT TO ZONING MAP Recommendation: That the Council consider an appeal of the decision of the Planning Commission decision to deny amendment to the Zoning Map to rezone a 6.38 acre parcel located on the south side of the west end of Mesquite Road from R-MHP, Residential Mobile Home Park to R3, Multiple-family residential and hotel zone. APN 513-300-026. Director of Planning & Building reviewed the staff report and visual site plans Councilmember Hodges stated that the changing of the zone determination by the Planning Commission was unclear. Director of Planning & Building stated that in lieu of a change of zone the Planning Commission desired the development to apply for a Planned Development District; that it would allow for flexibility to negotiate for the property development standards; that there was concern on the two story height and for setbacks. Mayor pro tem declared the hearing open. Council Minutes 05-02-01, Page 4 Marshall Ininns, 479 Ocean Avenue, stated that the property should be zoned R- 3; that the conditions requested by the Planning Commission were complied with; that the Tribal Planning Department is in agreement with the project; that concerning the mobile home park that is adjacent to this project, the project will only affect 20 units; that the rest of the Park will not be able to even see the project; that the R-3 zone does require more landscaping than the current zone; that the project is a good one that will compliment the City; that if time restrictions are added to the project the loan from HUD may be in jeopardy; that the project is a commitment to the City; that the project as proposed is marketable and has a community feel; that the adjacent property owner has been consulted; and that the R-3 zone will help to enhance the project. Nick DiBari, stated that he does know Mr. Ininns personally; that if Mr. Ininns states the project will be good, it will be; that Mr. Ininns is a credible architect; that his integrity is high and that the City will be getting a Class A project. There being no further appearances, the hearing was closed. Councilmember Hodges questioned if the zoning remained the same, would the developer incur additional costs. Director of Planning & Building stated that the cost would increase $1,800 for a Planned Development District; that with the change notices are required for hearings on both the Planning Commission and City Council levels, that the project is currently allowed by right of zone; and that if the zoning is not changed, noticing requirements do not apply. Councilmember Reller-Spurgin questioned if the conversion to a Planned Development District would significantly delay the project. Councilmember Oden stated that if the Planned Development District was desired by the Council timing constraints could be added to the approval. Director of Planning & Building stated that it does take longer to process a Planned Development District; that there are two hearings required; that environmental work may also be required and that it may add an additional 35-40 days to the process. Councilmember Oden questioned if hillside-building conditions were considered in the project approval. Director of Planning & Building stated that the project is relatively flat; that there is some step up on the bench of the hillside; that the concern of the Planning Commission was a project that would overwhelm the site, setbacks and the adjacent mobile home park. Councilmember Reller-Spurgin questioned the notification process for the mobile home tenants regarding the proposed project. Director of Planning & Building stated that the owners were notified, but that individual mobile home owners were not. Council Minutes 05-02-01, Page 5 Councilmember Oden questioned if the notification process would change if the project was a Planned Development District. Director of Planning & Building stated that the same criteria would be used; but that with the Planned Development District the management of the Park would likewise be notified. Councilmember Reller-Spurgin stated that as it stands, there are 20 mobile home owners along the western perimeter of the project that are affected but do not have any official notification of the project. Councilmember Jones questioned if the Planned Development District could be required to be heard twice by the Planning Commission, thus delaying the time frame needed by the developer and added that the Planning Department did recommend changing the zone to R-3 to the Planning Commission. Councilmember Hodges stated that zoning is not particularly her field of expertise; but that in reviewing the site and the plans there does not seem to be an impact to the City with the requested zone change; that the project is beautiful and that the R-3 zoning should be upheld. Councilmember Oden stated that the investment in the Community is good; and that the Council would take the chance that the developer will carry through what he has said. Councilmember Jones stated that staff should add a public notification regarding the zone change. Motion Overruling Planning Commission Decision, and directing staff to prepare an Ordinance to change the zone to R-3 was presented; after which, it was moved by Hodges, seconded by Jones and unanimously carried, Kleindienst absent, that the Motion be adopted. 13. CLASS 1 DESIGNATION HSPB 43—WEXLER STEEL HOMES Recommendation: That the Council designate properties located at 290 Simms Road; 3100, 3125, 3133 and 3165 Sunnyview Drive; and 300 and 330 Molino Road as Class 1 Historic Sites. Director of Planning & Building reviewed the staff report Mayor pro tem declared the hearing open. David Schwartz, 330 E. Molino, stated that all the homeowners are in favor of the designation; that all are interested in the preservation of the homes and urged Council approval of the designation. Council Minutes 05-02-01, Page 6 Robert Palmer, no address given, stated that his specialty in real estate is modern architectural homes; that a high investment has been made in the homes being considered for designation; that many people and students come to the area to view the architectural significance of the homes; that they are very special and should be retained for the history of Palm Springs and requested Council support of the designation. There being no further appearances, the hearing was closed. Councilmember Reller-Spurgin stated that it is a great thing when not only the City wants the designation, but also the homeowners are requesting it. Councilmember Oden questioned if a monument designating the sites would be erected, or if the homes would be individually placqued. Director of Planning & Building stated that each home would be individually plaqued. Councilmember Hodges stated that she had heard of the homes about 4 years ago; that she did drive by to see the homes at that time and they are fascinating; and that it is wonderful that the homes will be brought back to luster for the Community. Resolution 20036 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, Kleindienst absent, that R20036 be adopted. 14. CASE 5.0860, PD266 — NICK DIBARI Recommendation: That the Council approve Case 5.0860, Planned Development District 266 to allow for the development of a 6-unit multi-family residential complex proposed on 1.37 acres of land located on the northeast corner of Indian Canyon Drive and Alejo Road, subject to conditions. The applicant and owner is Nick Dibari of Real Estate Multiple Investment Inc. Director of Planning & Building reviewed the staff report and visual aid site plans in the Chamber. Councilmember Hodges questioned the location of the front doors and garages. Director of Planning & Building visually indicated the locations and added that the garages are side loaded. Mayor pro tem declared the hearing open; there being no appearances, the hearing was closed. Councilmember Reller-Spurgin stated that the project looks good, and added that the property has been an eyesore for 27 years. Council Minutes 05-02-01, Page 7 Resolution 20037 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, Kleindienst absent, that R20037 be adopted. 15. EXTENSION OF URGENCY ORDINANCE 1593 Recommendation: That the Council extend Urgency Ordinance 1593 amending Section 92.17.1.01.d.9 of the Palm Springs Zoning Ordinance to allow natural gas powered electrical power plants in the M2 Manufacturing zone, subject to the issuance of a Conditional Use Permit. Director of Planning & Building stated that the Urgency Ordinance was changed from 150 to 200 Mega Watt; that the extension is to extend the Ordinance an additional 60 days; that the Peaker Plant is under construction; that the next action before the Council will allow the plants to be permanently in the M-2 zone. Mayor pro tem declared the hearing open; there being no appearances, the hearing was closed. City Clerk read Title of Ordinance 1594 as follows: AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA EXTENDING URGENCY ORDINANCE NO. 1593 FOR AN ADDITIONAL SIXTY DAYS TO ALLOW ELECTRICAL POWER PLANTS IN THE "M2" MANUFACTURING ZONE SUBJECT TO THE ISSUANCE OF A CONDITIONAL USE PERMIT after which; it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, Kleindienst absent, that further reading be waived and Ordinance 1594 extending Ordinance 1593 be adopted. 16. ZONING ORDINANCE AMENDMENT Recommendation: That the Council amend the Zoning Ordinance to allow natural gas powered electric generation plants, not exceeding 200 megawatts in size, in the M2, Manufacturing zone, subject to the issuance of a Conditional Use Permit. Director of Planning & Building Urgency Ordinance was changed from 150 to 200 Mega Watt; that the Ordinance will only affect M-2 zoning; that there may be a need in the future to increase the power production and increase the efficiency of the plant; and that the Planning Commission did recommend approval. Mayor pro tem declared the hearing open; there being no appearances, the hearing was closed. Council Minutes 05-02-01, Page 8 City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO NATURAL GAS POWERED ELECTRIC GENERATION PLANTS THAT DO NOT EXCEED 200 MEGAWATTS IN SIZE IN THE "M2" MANUFACTURING ZONE. after which; it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, Kleindienst absent, that further reading be waived and the Ordinance be introduced for first reading. 17. CASE 5.0864 CUP — DESERT CAREER COLLEGE Recommendation: That the Council approve a Conditional Use Permit for a 4.006 square foot trade school/business college with 1,808 square feet of ancillary office space. The project site is on a 4.61-acre parcel containing three buildings totaling 58,523 square feet gross floor area located at 490 Farrell Drive. P Zone, Section 13. Mayor pro tem Oden stated Conflict of Interest and recused himself from the dais. Council concurred for Councilmember Hodges to chair the meeting. Director of Planning & Building reviewed the staff report. Councilmember Hodges declared the hearing open, Earl Truax, no address given, stated that the proposed school is a sound business decision; that the building in question is on the corner; that there are 79 parking spaces available; that 8 parking spaces will be assigned to staff, with students parking immediately adjacent to the berm; that there will be 42 spaces available for the students for parking; and that there are no objections to the proposal by the current tenants. There being no further appearances, Councilmember Hodges declared the hearing closed. Resolution 20038 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Jones and carried by the following vote: AYES: Hodges, Jones and Reller-Spurgin NO: None ABSENT: Kleindienst ABSTAIN: Oden. Council Minutes 05-02-01, Page 9 COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: 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. Councilmember Reller-Spurgin requested that the light in the parks be monitored and turned off when not needed. City Manager stated a written report will be forwarded t the Council regarding the lighting. Councilmember Hodges stated that CVAG would be funding 75% of the project for traffic signals on Sunrise Way. Councilmember Oden stated that Mesquite Avenue paving is in poor quality and requested attention be given to the needs; and that there are potholes located at the intersection of Farrell Drive and Ramon Road. LEGISLATIVE ACTION: 18. SUPPORT OF TECHNOLOGY TRANSFER CENTER Recommendation: That the Council support the University of California, Riverside major initiative to establish a Technology Transfer Center at the University Research Park, located in Riverside County. City Manager reviewed the staff report, no further report was given. Resolution 20039 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, Kleindienst absent, that R20039 be adopted. 19. FARRELL DRIVE RIGHT-OF-WAY VACATION Recommendation: That the Council summarily vacate portions of right-of-way dedicated for the public street named Farrell Drive; and authorize the City Manager and City Clerk to execute necessary documentation, thereto. Section 12, T4S, R4E, R-00-003. City Manager reviewed the staff report, no further report was given. Resolution 20040 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, Kleindienst absent, that R20040 be adopted. Council Minutes 05-02-01, Page 10 20. COMPREHENSIVE FEE AMENDMENT Recommendation: That the Council amend the Comprehensive Fee Schedule to provide a fee for the performance of civil marriages by the City Clerk. City Manager reviewed the staff report, and in answer to questions by Council, stated that the County does require a $40.00 pass through fee; that staff is proposing a City fee of $20.00; and that the City Clerk would perform the ceremonies. Resolution 20041 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Jones, and unanimously carried, Kleindienst absent, that R20041 be adopted. ADDITIONAL LEGISLATIVE ITEMS: 21. RATIFY ISSUANCE OF STATUS REPORT Recommendation: That the Council ratify approval of Minute Order 6839, approved April 25, 2001, regarding the issuance of status report on Urgency Ordinance 1593. Minute Order 6845 was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, Kleindienst absent, that MO6845 be adopted. 22. APPLICATION FOR USED OIL RECYCLING BLOCK GRANT Recommendation: That the Council approve endorsing the City's application to the California Integrated Waste Management Board, in cooperation with the Coachella Valley Association of Governments (CVAG) for Used Oil Recycling Block Grants for $13,746, City Manager reviewed the staff report, no further report was given. Resolution 20042 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, Kleindienst absent, that R20042 be adopted. 23. HENRY FRANK ARCADE/ARENAS ROAD IMPROVEMENTS Recommendation: That the Council authorize the City Manager to enter into contract(s) for the surveying, engineering design and landscape design for the Henry Frank Arcade and Arenas Road improvements, not to exceed $80,000. City Manager reviewed the staff report and added that the approval may assist in cutting a few months off the project; that there may be a hybrid developed of some of the engineering being done in-house and some contracted; and that the construction contracts will be brought at a later date for Council approval. Council Minutes 05-02-01. Page 11 Councilmember Reller-Spurgin stated approval will send a positive message to the downtown; and that having the item come so quickly to the Council shows that the Council means what it says. Councilmember Oden thanked the Community for rapid response to the issue. Resolution 20043 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Jones, and unanimously carried, Kleindienst absent, that R20043 be adopted. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Commission Appointments: Terms ending 6-30-2004 - Appointments will be made on May 16, 2001. Administrative Appeals Board 2 Airport Commission 3 Library Board 3 (1-term ends 6-30-03) Personnel Board 1 Planning Commission 2 Public Arts Commission 2 Rent Control Commission 3 Village Pest Board 3 (2-retail; 1-jeweler) b) Possible dates for Council Workshops - To be scheduled PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk