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CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
OCTOBER 13, 1982
An Adjourned Regular Meeting of the City Council was called to order
by Mayor Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way,
on Wednesday, October 13, 1982, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Doyle, Foster, Maryanov,
Ortner and Mayor Bogert
Absent: None
The meeting was opened with the salute to the Flag and a moment of
silence.
V COMMUNITY REDEVELOPMENT AGENCY: No business
APPROVAL OF MINUTES:
It was moved by Doyle, seconded by Foster, and unanimously
carried, that the minutes of September 28 and 29, 1982 be
approved.
PUBLIC HEARINGS:
1 . MUNICIPAL CODE AMENDMENT - NOISE SOURCES REGULATIONS
Recommendation: That the Council adopt ordinance to regu-
late noise sources throughout the community.
Director of Community Development reviewed his report, dated
October 13, 1982, noting that the proposed amendments relate
to the mandatory noise element of the General Plan; that the
Planning Commission recommends approval and the filing of a
` negative declaration. He noted minor language revisions,
which "will " and "shall " to "may" with respect to certain
enforcement statements (pages 2 and 4 of proposed Ord) .
(103)
Mayor declared the hearing open.
Qhie chie Ibarra,Tachevah Drive, complained about noisy neighbors,
illegal guest house at 1248 Buena Vista, and lack of police
response to her calls.
There being no further appearances, Mayor declared the hearing
closed.
City Clerk read title of Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 11 .74 TO THE PALM
SPRINGS MUNICIPAL CODE, REGULATING NOISE
SOURCES THROUGHOUT THE CITY.
It was moved by Doyle, seconded by Foster, and unanimously
carried, that further reading be waived, and that the Ordinance
be introduced for first reading.
Council Minutes
10-13-82 Page 2
2. ZONING TEXT & MUNICIPAL CODE AMENDMENTS - HOME OCCUPATIONS
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Recommendation: That the Council amend the Zoning Text and
the Municipal Code to allow and regulate home occupations in
residential zones.
Director of Community Development stated that although not
permitted, home occupations do occur in the City, and that
there are some which can be allowed without interference with
a neighborhood ' s peace and tranquility; that the proposed
ordinance would allow home occupation use under permit pro-
cedure, including meeting 13 criteria; that the permit would
not be transferable.
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Mayor declared the hearing open.
Zelda Siegel , Chairman of the Licensing, Sign and Advertising
Committee of the Board of Realtors, stated that the Board tries
to police its own members, and questioned the impact of the
proposed ordinance on realtors doing business in their homes,
and how that will be enforced. She also stated that many
real estate persons would like to be able to do away with
office rentals which only serve as a place to designate their
business address.
Director of Community Development stated that of the permit
were granted, applicant would have agreed to all of the condi-
tions, and no one would be aware that a business was in fact
being conducted at that location.
City Attorney stated that it was his understanding that real
estate salespersons and brokers are required to have a sign
indicating their principal office, which is visible to the
general public.
Al Alschautz, broker, stated that his license hangs with
those of twenty other businesspeople at a single location;
that any portion of his business which relates to writing
or telephoning is accomplished at his home, otherwise his ,
business is conducted by showing properties and in time spent ,
in the home of a client.
City Manager stated that proposed action would not change
existing policy - signs are not allowed now and would not
be allowed under the proposed ordinance. CONT'D
Elliot Field, 121 S. Palm Canyon Drive, spoke in favor of (103)
the ordinance, stating that the regulations are strict.
There being no further appearances, the hearing was closed.
In answer to questions by Council , Director of Community
Development stated that a $30 inspection fee, in addition
to the business license tax, would be posted at the time
of application to cover review of the proposed use ; that
a physical inspection would be made of the site by a building
inspector; that the fee would not be returned if the site
did not pass inspection; and in event of not passing inspection,
the applicant could make corrections required, or cancel
the application. He stated the proposed ordinance is not
intended to prohibit advertising of the business„ but to
control activity on the premises which would remove the
home from its usual residential character; that the ordinance
is very restrictive yet still allows the business use; that:
any disturbance by excessive traffic to the business would
be examined; and that perhaps the ordinance could be revised
to address advertising.
Council Minutes
10-13-82 Page 3
2. ZONING , TEXT & MUNICIPAL CODE AMENDMENTS - HOME OCCUPATIONS (Continued)
City Attorney stated that it would be possible to develop
language to restrict advertising of a nature that would
encourage personal visitation to the business.
Councilwoman Ortner stated that she did not think the ordinance
would be enforceable; that businesses cannot penetrate into
the residential area; that the language is loose, and more
restrictive languaqe would still result in not being able
to police the ordinance; that advertising includes letterheads,
etc. ; that people are doing it now, and no action is taken
on complaint; and that it will take too much time and effort
to enforce it.
y CONT'D
Councilman Maryanov stated that he agreed with Councilwoman (103)
Ortner, philosophically, however, it is a fact of life and
it would be amistake not to control it; that he favors the
ordinance in its general shape and scope, however, some of
the language should be revised For clarity, e.g. , regulation
#9 is open to interpretation as to what constitutes "normal
traffic patterns".
Councilman Doyle stated that he supports the ordinance, and
there may be some ambiguities which the Planning Commission
may want to address, e.g. , dealing with advertising and
defining "normal " and perhaps it should be referred to the
Commission for further study and recommendation based on
Council ' s discussion.
1 Councilman Foster stated that his concern regarding advertising
relates to attracting visitation to the site, and that the
purpose should be a place for business but not for people
` to come to.
Councilwoman Ortner stated that she was not in favor of allowing
businesses in the residential areas, and the Commission be
made aware of her views.
It was moved by Doyle, seconded by Foster, and unanimously
carried, that the ordinance be returned to' the Planning
Commission for revised recommendation in line with concerns
expressed by Council .
3. ZONING TEXT AMENDMENT - HOTEL PARKING STANDARDS
Recommendation: That the Council approve amendments to the
Zoning Text relative to hotel parking standards.
Director of Community Development reviewed his report,
dated October 13, 1982, and stated that the proposed amend- (103)
ment would reduce the ratio of parking spaces to hotel rooms
and allow a greater amount of meeting room space to be built
in connection with room space that would not be subject to
additional parking; and that in response to concern raised
at the study session, Item 3. of the proposed ordinance has
been restructured to clarify that parking based on square
footage or based on number of seats are alternatives to each
other for calculating the required parking.
In response to questions by Council , Director of Community
Development stated that although more meeting rooms are allowed
than previously permitted, there is a point at which additional
parking would have to be provided ; that the ordinance address
what happens most of the time and does not preclude an occasional
overload situation; and that meeting rooms tend to be rented
to non-hotel users at times when hotel occupancy is down.
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Council Minutes
10-13-82 Page 4
3. ZONING TEXT AMENDMENT - HOTEL PARKING (Continued)
Councilman Foster stated that he was concerned about the "
use of hotel banquet rooms by non-hotel users and the
overload parking in those situations. CONT' D
Councilman Doyle stated that the facts support the ordinance, (103:1
and he was in favor of it. '
City Clerk read title of Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALIN SPRINGS,
CALIFORNIA, AMENDING SECTION 9306.0O.D. I .o.
OF THE ZONING ORDINANCE 687 REVISING THE
STANDARDS FOR HOTEL PARKING, CITYWIDE. r
It was moved by Doyle, seconded by Maryanov, and unanimously
carried, that further reading be waived, and that the ordinance
be introduced for first reading.
PUBLIC COMMENTS - None
LEGISLATIVE ACTION:
4. TRAFFIC SIGNALS - TEST OF ALTERNATE DESIGN
Recommendation: That the Council authorize construction
of an experimental design for left-turn signal phasing at
Tahquitz-McCallum Way and Farrell Drive, via change order (130)
through Paul Gardner contract. Report reviewed by Director
of Community Development.
Resolution 14400 authorizing installation, as recommended,
was presented; after which, it was moved by Foster, seconded
by Ortner, and unanimously carried, that Resolution 14400
be adopted.
5. LIBRARY SECURITY GUARD
Recommendation: That the Council authorize the use of California �
Library Services Act reimbursement funds to hire a library
security guard on a contract basis through June 30, 1983. (99)
Report reviewed by Director of Community Services.
Minute Order 3156 authorizing retaining security guard, as
recommended, was presented; after which, it was moved by
Doyle, seconded by Foster, and unanimously carried, that
Minute Order 3156 be adopted.
6. RESIDENTIAL DENSITY BONUS CONTROLS - AMENDMENT
Recommendation: That the Council modify owner occupancy
requirements affecting density controlled residential projects,
i .e. , relating to resales. Report reviewed by Director of
Community Development.
Housing and Economic Development Director stated that (114)
restriction will be retained on 50% of the first sales, but
will be removed from all resales, relates to owner-occupancy.
Resolution 14401 , amending the restrictions, as recommended,
was presented ; ' after which, it was moved by Foster, seconded
by Ortner, and unanimously carried, Maryanov abstaining.,
that Resolution 14401 be adopted.
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Council Minutes
' 10-13-82 Page 5
CONSENT AGENDA:
7. Minute Order 3157 awarding purchase of a turf sweeper to Toro
Pacific Distributing, in amount of $16,207.40. (84)
8. Minute Order 3158 awarding purchase of a tractor loader to Case
Power & Equipment Co. , in amount of $24,109.78. (84)
9. Minute Order 3159 awarding purchase of a dump truck and cab and (84)
chassis truck to GMC Truck & Coach, in amount of $31 ,597.54.
10. Resolution 14402 approving 12-month time extension for Tenta- (137)
tive Tract 17513 for property on the SW corner of Camino Paro-
cela and Cerritos Drive.
11 . Resolution 14403 approving supplements to agreements with five
airlines, i .e. , Alaska, Republic, Sun Aire, TWA and Western, to (51 )
increase landing fees, rental rates and baggage claim area charges,
and establish walkway charges.
12. Resolutions 14404 and 14405 approving Airport Use Agreement and
Security Costs Agreement with Air Irvine, Inc. , a commuter air (51 )
carrier.
It was moved by Doyle, seconded by Foster, and unanimously carried,
that Resolutions 14402 through 14405 and Minute Orders 3157 through
3159 be adopted; Bogert abstaining on Resolution 14402.
13. TRACT 17943 - FINAL MAP
It was moved by Doyle, seconded by Maryanov, and unanimously
carried, that Resolution 14406, approving Final Subdivision
Map for Tract 17943 for property on the NW corner of Palm Canyon (137)
Drive and Vereda del Norte - R.S. Baddour, be adopted.
14. SEWER REFUND AGREEMENT - McLAREN INVESTMENTS, INC.
It was moved by Doyle, seconded by Maryanov, and unanimously (128)
carried, that Resolution 14407, approving Sewer Construction
Refund Agreement, with McLaren Investments, Inc. , for sewer
installed in portions of Palm Tree Drive Nbrth, and West, west
of Sagebrush Road, be adopted.
15. TRACT 17432 - TENTATIVE MAP
It was moved by Doyle, seconded by Maryanov, and unanimously
carried, Ortner abstaining, that Resolution 14408, approving (137)
Tentative Map for Tract 17432 for property on the NW corner
of Tahquitz-McCallum Way and Avenida Caballeros - RSE partner-
ship, be adopted.
REPORTS & REQUESTS:
16. CITY COUNCIL reports or requests
a) Mayor commented on approval of wind energy farms in the
San Gorgonio Pass by the Riverside County Board of
Supervisors, full text of which is on file in the Office (123)
of the City Clerk, noting with pleasure that Chairman
Ceniceros objected to the approval because of lack of
adherence to strict setback requirements.
Council Minutes
10-13-82 Page 6
a) Continued
Councilman Foster stated that he was incensed by comments
of three of the Supervisors and insensitivity to the area,
and that everything that can be done to let the Board know
the Council ' s feelings should be done.
Councilwoman Ortner stated that the Board has not been
sensitive to the desert needs ; and that the Sphere of Influence
is laughable.
City Manager stated that he did not think the Board took
this area of the County into dccourain its action, with
the exception of Ceniceros; chat tl.a City and CVAG are r
on record as to their views; and that it is possible the
area may face some things that it will not: like to see;
that in addition to communicating its view, he would like
to determine what legal steps might be available to pursue.
Councilman Maryanov concurred with Councilman Foster and
stated that strong statements should be sent to the four
supervisors as to their lack of sensitivity for its
actions.
Councilman Doyle questioned possibility of meeting with
the Board to see what it is they are in the process of
approving; Councilwoman Ortner suggested a luncheon with
the Board and the full Council ; additionally, suggested
by Councilman Foster that other cities and CVAG be invited
to attend, in particular, Desert Hot Springs since it will
be substantially effected.
Councilman Maryanov stated he was not objecting to the
concept in the immediate area, but strongly objected to
its placement, implementation, and disregard of the environ-
ment; and is looking for sensitivity as to what the area
is really all about.
b) Councilwoman Ortner stated that after a recent meeting
she attended with the Tribal Council at which the Assist-
ant City Manager and Finance Director discussed the City' s
budgetary process, interest was expressed by the Tribal
Council in "touring" City facilities similar in fashion
as to tours for Councilmanic candidates. She requested +
that invitation be extended to the Tribal Council , and
that she would seek a reciprocal invitation.
17. PUBLIC reports or requests - None
i8. STAFF reports or requests
a) City Manager suggested Council consider possible date to
appoint Steering Committee to work with Touche-Ross re the
Cultural-Convention Center; as well as potential dates
to meet in joint session with Planning Commission; appears
October 25, 1982, at 9 a.m. , and November 9, 1982, Noon
to 5 p.m. , respectively.
ADJOURNMENT
There being no further business at 8:40 p.m. ., Mayor declared
the meeting adjourned
JUDITH SUMICH
City Clerk