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HomeMy WebLinkAbout11/3/1982 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES NOVEMBER 3, 1982 + A Regular Meeting of the City Council was called to order by Mayor Bogert in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, November 3, 1982, at 7:30 p.m. ROLL CALL: Present: Councilmembers Doyle, Foster, Maryanov and Mayor Bogert Absent: Councilmember Ortner The meeting was opened with the salute to the Flag and a moment of silence. COMMUNITY REDEVELOPMENT AGENCY: r Mayor declared the meeting adjourned for the purpose of conven- ing as the Community Redevelopment Agency; after which, members reconvened as the City Council . PRESENTATION OF AWARDS Mayor read in full Resolution 14409, commending former Police Lt. Mike McCrary on his appointment as Police Chief of Signal Hill ; after which the resolution was presented to Mr. McCrary and best wishes extended by members of the Council . Fire Chief read in full Fire Dept. Citation of Merit and presented same to honoree Lawrence Jarecki, for saving the life of a recent fire victim; after which thanks were expressed by, members of the Council . ' APPROVAL OF MINUTES: It was moved by Doyle, seconded by Maryanov, and unanimously carried, that the minutes of October 6, 13, 20 and 25, 1982 be approved , Ortner absent. PUBLIC HEARINGS: 1 . ZONING TEXT AMENDMENT - ELECTRONIC GAME ARCADES Recommendation: That the Council amend the Zoning Ordinance to establish regulations and appropriate locations, city-wide, for electronic game arcades. City Manager stated that there has been some misinformation as to the issue before the Council , and that the proposed (103) ordinance does not change existing policy regarding the down- town area, but in fact reinforces it. Director of Community Development stated that the proposal is a result of recent requests to permit arcades in the central business district; that such request has been made on several occasions in the past, and it has been a matter of record for many years that the use has consistently been denied by the Planning Commission in the CBD and the C-1 prior to ' the CBD designation; that the Zoning Ordinance allowed arcade games to be considered as part of a recreation center, when same was approved by the Commission and Council under a condi- tional use permit; that the proposed ordinance does not change any conditions which exist in the downtown area, but loosened the restrictions in other zones throughout the City; that the Planning Commission recommended approval of the proposed ordinance, which defines the category of use as primary, secondary, or accessory, and indicates the zones in which those are allowed. He explained parking and other regulations contained in the ordinance and displayed exhibit showing both a 1000-ft and 1-mile radius from school sites, noting that the Commission initially had considered a 1-mile radius, and highlighting the conditions under which a permit could Council Minutes � 1 11-3-82 Page 2 1 . ZONING TEXT AMENDMENT (Continued) be granted ; that the ordinance provides a 1-year amortization period for non-conforming uses; and that the Commission' s vote was 3-2, with 2 commissioners supporting a total prohibi- tion in the central business district. Mayor declared the hearing open. J. Kenneth Moran, attorney, 777 E. Tahquitz-(McCallum, #200, representing the Amusing Sandwich, Inc. , stated that the ordinance is an attempt to single out one business and put it out of business; that the proposed ordinance conflicts with existing provisions of the Zoning Ordinance relative to non-conforming uses, which permits 10 years to amortize a use and provides for a possible 2-year extension beyond that time; that the useful life of the equipment is 12 years, and the machines in the CBD will not be amortized; that case law provides that a person cannot be legislated out of business without paying for his property; that it is necessary to replace the machines frequently because of the state of the art and demand by users for variety; that arcades typically range from 100-200 machines; that amortization is not merited, much less amortization in one, year; that mo one is being hurt by the location of the Amusing Sandwich and no complaints have been received from surrounding businesses, and petitions have been filed supporting its operation; and that the staff report to the Planning Commission indicated that there has not been any problems in the Valley with any existing arcades. Robert George, stated that protection of children is not ' a valid justification for the ordinance; that a small business- man entering into this type of business (has created an emergency situation; and that, in his opinion„ there is often CONT'D a lack of planning consistency. (103) There being no further business, Mayor declared the hearing closed. , Councilman Foster stated that he did not believe 1 parking space per 8 machines would be sufficient, when considering that there are often 2-3 people observing/playing per machine, and a 1 :4 ratio would be better; that he believed the games were appropriate in certain locations in the community, e.g. , neighborhood shopping centers, but not in the CBD; that he viewed the CBD for more tourist-oriented businesses; and that he did not see the need for more than two machines as an accessory use. Councilman Doyle stated that the ordinance is not anti-Amusing Sandwich, and policies have been in existence long before it was conceived, and there is no intent to deprive anyone of legally engaging in commerce; that he believed there are appropriate places in the community for such activity, e.g. , neighborhood shopping centers, C-1 , C-2 and O-zones for primary ' or secondary uses; that he could not support an unlimited use of this type of game arcade in the CBD, which represents the heart of the tourist area; that he supported the proposed ordinance and believed that 4 machines would not be obnoxious and would provide diversion entertainment on a small scale and would not be obnoxious to those visiting the place where they are located; that he favored testing the parking require- ment before determining whether it is insufficient; that he believed the one-year amortization reflects the portability of the equipment compared to a structure in place which is hard to move and has little resale value; that the machines can be moved from one location to another with little difficulty; that if the machines were custom-made for the specific locations, he would tend toward allowing more time; 1 4 1 Council Minutes 11-3-82 Page 3 1 . ZONING TEXT AMENDMENT (Continued) 4 Councilman Maryanov stated that the issue is not to ban arcades, but to control location and type of business and atmosphere created in the CBD which is key to the community. City Clerk read title of Ordinance, as follows: CONT'D AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA TO (103) REGULATE THE USE OF VIDEO-AMUSEMENT ARCADES THROUGHOUT THE CITY. It was moved by Doyle, seconded by Maryanov, and unanimously carried, Ortner absent, that further reading be waived; and it was moved by Doyle, seconded by Maryanov., and carried by the following vote, that the Ordinance be introduced for first reading: AYES: Doyle, Maryanov and Bogert NOES: Foster ABSENT: Ortner 2. P.D. III C.G. DUNHAM CONSTRUCTION CO. AND P.D. 132 - S. PLATT PD III Recommendation: That the Council approve planned development district to allow 11 hillside single-family lots on property generally located near South Palm Canyon Drive, between Cahuilla Hills Drive and Murray Canyon Drive, and certify EIR in connection therewith; and PD 132 Recommendation: That the Council approve a planned development district to allow 10 residential hillside condo- miniums and one single-family residential unit on property adjacent to the west side of S. Palm Canyon Drive, north of Murray Canyon Drive, and certify EIR in connection there- with. Planning Director reviewed his reports dated November 3, 1982, stating that under PD III , there would be 8 lots in ' the 0-20 and 2 in the R-2, and 1 to be used under PD 132; (116) that the Dunham site contains 58 acres and General Plan density would allow 57 units; that access to the Dunham site would be taken from an existing 32-ft easement via Vista Canyon Condominiums and through the Platt property; that only the roadway would initially be developed, and each lot, as sold, would be subject to hillside standards for development, includ- ing architectural review for each unit; that because of the overlapping nature of the two projects, they were considered in one environmental impact report; that issue of sufficient notice came up in August, when the matter was scheduled to be heard by the Council , at which time, it was returned to the Planning Commission for renotification; that new hearings were held by the Commission, and no new evidence was presented, and the Commission again certified the EIR and approved the PDDs; that the conditions have been revised to include Council ' concern, regarding amendments to CCRs, to prohibit amendment of the CCRs without Council approval regarding the compre- hensive design program; that the slope is close to 30° ; and that probably not more than 10 units of moderate size could be developed by right-of-zone in the R-2 portion. He displayed model of the Platt project, maps showing the roadway, site plan, and lots deleted from the original concept, and water- course areas. Mayor declared the hearing open. Council Minutes 11-3-82 Page 4 2. P.D. 111 AND PD 132 (Continued) Curt Dunham, 339 Vereda Norte, stated that application was originally submitted on June 24, 11980; that, EIR was ordered prepared by the Planning Commission on September 24, 1980; that agreement to do the EIR was entered into in early 1981 with WESTEC; and that requests of the Commission and staff have been complied with over the 2z year period, and the Commission unanimously approved the project:. He urged the Council approve the project. Jane Ellison, attorney, Manatt, Phelps, Rothenberg & Tunney, 1888 Century Park East, Los Angeles, representing homeowners of Vista Canyon, requested that the Council continue this matter to November 17, in order to permit: time to better prepare and analyze the EIR documents and discuss the homeowner' s views on it. In answer to question by Council , Ms. Ellison reaffirmed her concerns regarding notice, as indicated at the last study session, and highlighted other concerns which she would like to explore if a continuance is granted, i .e. , designation of the area on the General Plan as 0-20 and medium density, subject project being an encroachment into the 0-20 and it should be determined if proposal goes beyond that; that a PDD may enable departing from strict regulations, but does not preclude consistency with the General Plan; that density transfer flies in the face of desire to retain open space; that projects do not seem to be in keeping with the purpose of the PDD ordinance; that it allows a mix of residential , commercial and other zones, but not the 0-zone, and she was not: certain whether the PDD permitted doing anything different than retaining (116) such designation for open space; that she had questions concerning consistency between the Subdivision Ordinance and the General Plan, and whether there was a specific plan for the area; that she did not see evidence of grading, drainage and flood hazards in the EIR which were of concern to residents; that the final document was completed before the Vista Canyon homeowners became involved; that she has not found evidence of a grading plan, which should include amount of grading, how it is to be accomplished, when, how equipment will get in and out; that she found a number of comments to the EIR which were not included in the final document, nor responses made to them; and that she understood changes regarding lots 8 & 9 on the Dunham site were made after the EIR was prepared and the PDD approved by the Planning Commission. In answer to question by Council , City Attorney stated that there are local and State requirements with respect to environmental review notice, and notice provided by the City met both; that as a matter of practice, the City provides both mailed and published notice regarding zoning cases; that he was not aware any comments or responses were not included in the EIR, and a continuance to verify that assumption might be helpful , but a continuance on the basis of inadequate notice would not be valid. There being no further appearances, the hearing was closed. 14 ' Council Minutes 11-3-82 Page 5 2. P.D. III AND 132 (Continued) 4 Councilman Doyle skated that if the project is to proceed, it should be with a clean slate, and if not, then it would be a waste of time to postpone the matter and encourage a further review effort on the part of others. ' Councilman Foster stated that he has reviewed the plans and spent time walking the site; that he is protective of the 0--20 zone and becomes alarmed when consideration is given to allowing an intrusion into that and the precedent that it would establish; that he supports the 1 unit per 20 acre standard of the 0-20 (116) zone; that he has reviewed the EIR and firmly believes there is no way development can be accomplished wi -.hout a scarring of the hillside; that 20-30 ft cuts will be required to install the tennis courts ; that the same concerns apply when attempting to get into the 0-zone, and it will not be possible to make dainty and clean cuts but, in fact, the area will be torn-up with heavy equipment; and that he could not in good faith vote in support of a project in the 0-20. Councilman Maryanov stated that he would echo concerns expressed by Mr. Foster, and that it would be a "Pandora' s box" to allow development in the 0-20 zone. Councilman Doyle stated that he has walked the canyon areas, and believes that development in the 0-zone will destroy that which Palm Springs has meant to many people, and will effect the community in a way that has never before been seen; that carving the hillside will result in loss of the beauty of the -' desert. Mayor stated that he was opposed to any development in the O-zone and that the mountains would be ruined if building were allowed to take place. It was moved by Doyle, seconded by Foster, and unanimously carried, Ortner absent, that Planning Commission action regarding P.D. Ill be overruled, and that the application be denied. ' It was moved by Foster, seconded by Maryanov, and unanimously carried, Ortner absent, that Planning Commission action regarding P.D. 132 be overruled and that the application be denied. 3. not used 4. PUBLIC NUISANCE ABATEMENT - 666 PLAZA AMIGO/APPEAL Recommendation: That the Council consider appeal by Milan ' Gastovic from posting of public nuisance abatement the carport in the required setback at the above location. Building & Safety Director reported that the violation was discovered during routine inspections in the area, and that the fence can be allowed to remain provided a proper building (57) ' permit is secured. He recommended ordering removal of the carport, and noted that additional time had been granted to Mr. Gastovic because of personal tragedy. Mayor declared the hearing open. Mr. Gastovic stated that the fence was a replacement of a wire fence with a wood fence, and the metal overhead was attached to connect the roof and fence in order to provide shade; that it is less than 120 sq. ft. and was built 3 years ago. There being no further appearances, Mayor declared the hearing closed. Council Minutes 11-3-82 Page 6 4. PUBLIC NUISANCE ABATEMENT (PLAZA AMIGO) - Continued Councilman Doyle stated that he was sympathetic to the appel- r lant' s position, however, there are building standards and processes which the community is expected to follow, and if actions in violations of those are allowed to continue without being addressed, the Council would not be doing its job. Councilman Foster stated that the regulations and building (57) ' requirements are intended to protect• property and the owners thereof. It was moved by Doyle, seconded by Foster, and unanimously carried, Ortner absent, that the appeal be denied and that the nuisance immediately be abated; Ortner absent . 5. PUBLIC NUISANCE ABATEMENTS - SPECIAL ASSESSMENT LIEINS On October 6, 1982, Proceedings and accounting Reports were filed with the Council ; public hearing therieon set for this time and place. Recommendation: That the Council confirm the reports and impose special assessment: liens for those properties which have not paid the abatement costs as of the time of the hearing. Report reviewed by Director of Community Development. Mayor declared the hearing open; there being no appearances, the hearing was closed. (57) Resolutions 14410 through 14414 confirming the reports and ordering the liens were presented; after which, it was moved by Doyle, seconded by Maryanov, and unanimously carried, that Resolutions 14410 through 14414 be adopted, Ortner absent. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 6. AIR SERVICES MARKETING PROGRAM Recommendation: That the Council approve agreement with Aviation Consultants, Inc. , to commence an air services marketing study, a in amount not to exceed $20,000. Report highlighted by Transpor- tation Director. Minute Order 3161 , approving the agreement as recommended, was presented; after which, it was moved by Foster, seconded (51 ) by Maryanov, and unanimously carried, that Minute Order 3161 be adopted; Ortner absent. 7. AIRPORT RESTAURANT SERVICES AGREEMENT AMENDMENT - AIR TERMINAL SERVICES, INC. Recommendation: That the Council approve Amendment #2 to lease agreement with Air Terminal Services, Inc. , to enlarge and create ' new inflight facilities, and to completely refurbish the kitchen, (51 ) coffee shop, dining room, bar and gift shop. Report highlighted by Transportation Director. Resolution 14415, approving the amendment, as recommended, was presented; after which, it was moved by Doyle, seconded by Foster, and unanimously carried, that Resolution 14415 be adopted ; Ortner absent. Council Minutes ' 11-3-82 Page 7 8. MUNICIPAL CODE & ZONING TEXT AMENDMENTS - 2ND READING & REINTRO- DUCTION (Introduced 10-13-82) Director of Community Development reported recommended change (103) in the noise ordinance, subsequent to introduction on October 13, 1982, to provide that the operation of refuse collection under franchise agreement with the City shall be an exception to the ordinance; additionally, that Section 11 .74.051 regarding Pre-Existing Noise Sources, has been revised to clarify that it relates to noise sources which are an integral part of a building, structure, or similar fixed and permanent installation. He stated that the existing waste disposal franchise permits vehicles to leave the franchisee' s yard at 6 a.m. , which would ' be in conflict with the ordinance provisions. 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, as amended, be introduced for first reading ; Ortner absent. City Clerk read title of Ordinance 1164, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMEND- ING SECTION 9306.00.D.I .o. OF ZONING ORDINANCE 687 REVISING THE STANDARDS FOR HOTEL PARKING, CITYWIDE. It was moved by Foster, seconded by Maryanov, and unanimously carried, that further reading be waived, and that Ordinance 1164 be adopted; Ortner absent. 9. ENERGY PLAN CHECK - CONTRACT Recommendation: That the Council authorize a non-exclusive agreement with Douglas J. Strauss, dba Energy Wise to provide energy plan check services and rescind Agreement 1772, previously approved relating to said services. Report highlighted _ by Director of Community Development, noting that the business (112) has been sold by Richard Smith to Mr. Strauss. Minute Order 3162, approving the agreement and cancelling Agr #1772, was presented; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that Minute Order 3162 be adopted; Ortner absent. 10. PERSONNEL RULES - LEGAL SERVICES Recommendation: That the Council approve letter agreement with Mitchell , Silberberg & Knupp to provide legal services for review of the revised Personnel Rules, in amount not to exceed $18,000, and amend the budget to appropriate additional (110) $16,200. Report highlighted by City Manager, noting that last revision to the Rules was about twenty years ago; and that the firm provides assistance to the City in labor relations > matters. Resolution 14416, amending the budgets was presented; after which, it was moved by Doyle, seconded by Maryanov, and unani- mously carried, that Resolution 14416 be adopted, and that the letter proposal , as recommended, be approved; Ortner absent. Council Minutes 11-3-82 Page 8 CONSENT AGENDA: 11 . Minute Order 3163 approving agreement with Associated Engineers, (51Ji Inc. , in amount not to exceed $265,808 for Airport: project engineer- ing, construction supervision, project management and administration. 12. Resolution 14417 and 14418 approving airport use agreement and security costs agreement with Frontier Airlines, Inc. , for term (51 ,1 ending August 14, 1984. 13. Resolution 14419 and 14420 approving airport use agreement and (51 ) security, costs agreement with Air Nevada, for f;erm ending August 14, 1984. 14. Resolution 14421 approving Amendment #3 to the Allocated Positions (61 ) and Compensation Plan to adjust salary range of Equipment Mechanic Apprentice. 15. Minute Order 3164 awarding purchase of 2 4-wheel electric utility (84) vehicles to Electric Car Dist. , in amount of $6,836.60. 16. Minute Order 3165 rejecting bid from C & H Motorcycles for failure (84) to meet specifications on purchase of 3 police motorcyles. 17. Minute Order 3166 approving purchase of xerographic bond paper from (84) the P.S. Unified School District in amount of $7 ,835.52. 18. Minute Order 3167 rescinding prior award of contract by M.O. 3129, (84) to Ontario Datsun, Inc. , and awarding purchase of a new 1/2 ton 44 utility pickup truck to Marshall Datsun, Inc. , in amount of $10,142.08. 19. Minute Order 3168 awarding purchase of a primary sludge pump to (127) Robbins & Meyers of Burbank in amount of $7,349. 20. Minute Order 3169 approving Change Order #10 to Dillingham Construc- tion Co. contract for Treatment Plant Expansion„ to decrease same by $9,785.28. 21 . Resolution 14422 and 14423 amending system of Through Streets regard- (130 & ing Camino Parocela, and designating a stop intersection at Camino 136) Parocela and Vella, with east/westbound traffic on Camino Parocela ' required to stop. 22. Resolutions 14424 and 14425 approving Payroll Warrants and Claims (86) and Demands. 23. Resolution-------approving Tentative Tract Map 16459 to divide (137) property on S. Palm Canyon, between Cahuilla Hills, C.G. Dunham. 24. Resolution 14426 approving revised conditions in conjunction with (137) phasing plan for Tentative Tract Map 17082. It was moved by Doyle, seconded by Maryanov, and unanimously carried, that Minute Orders 3163 through 3169 and Resolutions 14417 through 14426 be adopted, and that Item 23 be removed from the calendar; Ortner absent. 1.5 Council Minutes 11-3-82 Page 9 25. W-ZONE PREFIX Recommendation: That the Council state that it has no present intention to remove or modify the W-zone restriction imposed on land adjacent to the Whitewater River Channel leased by R.C. Ellis, per request of Floyd Schenk, attorney for Mr. (103) Ellis, dated October 15, 1982; after which, Resolution 14427, setting forth such statement, was presented, and it was moved by Foster, seconded by Maryanov, and unanimously carried, that Resolution 14427 be adopted; Ortner absent. 26. EQUESTRIAN CENTER - IONIC CONSTRUCTION CO. CHANGE ORDER Recommendation: That the Council approve Change Order #1 ( 109) to increase contract with Ionic Construction Co. , $33,670.78, and to appropriate additional funds in the amount of $12,100 in connection therewith. Report highlighted by Director of Community Services. Minute Order 3170, approving the change order, and Resolution 14428, amending the budget, as recommended, were presented; f after which, it was moved by Doyle, seconded by Maryanov, and unanimously carried, that Minute Order 3170 and Resolution 14428 be adopted ; Ortner absent. 27. McCALLUM CIVIC BUILDING - LEGAL SERVICES , Recommendation: That the Council approve lei:ter agreement with James D. Ward, partner in law firm of Thowpson & Colegate Riverside, to negotiate on behalf of the City in connection ` with potential agreement with Deeb/Nederlander for the disposi- (117) tion of City-owned property for a legitimate theatre and to advise on conditions under which the disposition should occur. City Manager noted that Mr. Ward was recommended by Attorney James Schlecht, in whom the Council initially indicated a preference for providing this service, and it appeared the cost of the service would exceed $5,000. Minute Order 3171 , approving the letter agreement as recom- mended, was presented; ater which, it was moved by Maryanov, seconded by Doyle, and unanimously carried, that Minute Order 3171 be adopted; Ortner absent. REPORTS & REQUESTS: 28. DEPARTMENTAL REPORTS - Received & Ordered Filed a) Org. Dev. Computer Task Force - Final Report. (117) 29. P.S. PROJECT SECURITY TASK FORCE REPORT Mayor noted that the Task Force would like the Council ' s ' endorsement of a merchants watch program and its proposal to boost the Police Reserve program; that its recommendation regarding the foot patrol will be the subject of November 27 study session; and that the task force endorses the idea of an election regarding a police assessment district. Council commended task force members for their time and energies in responding to needs identified by the community at the town meeting, and encouragement to continue in these resolves. -5 Council Minutes 11-3-82 Page 10 30. CITY COUNCIL reports or requests a) Councilman Doyle reported result of meeting between the Cultural-Convention Center Steering Committee and the consultant, indicating that initial review will be on November 23 and final report up, to December 7 will be reviewed on that date, thereafter recommendation to forward to Council will be made for review in study session. b) Mayor reported that following discussion regarding land- scaping at the Sewer Plant, it was concluded that trees would be planted to screen the large tanks from view from the Equestrian Center. c) Mayor requested that staff see if there is anything which can be done to improve the look of the "shaggy" palm trees along the N. Palm Canyon Drive entry to the City. 31 . PUBLIC COMMENTS a) Tom Blotter, 665 S. Camino Real , representing the Security Task Force, thanked the Council for its support and stated that the Task Force is anxious to get the foot patrol recommendation underway. Mayor requested the Police Chief submit his recommendation. b) Tuck Broich, 1137 Manzanita, member of the Community Promotion Task Force requested that the Council approve its recommendation regarding visitor services center. 31 . STAFF reports or requests - -None . ADJOURNMENT There being no further business at 10 p.m. , Mayor declared ' the meeting adjourned, Council to meet for Dinner with Airport Commission, on Monday, November 8, 1982. r� t_ JUDI1'H SUMICH City Clerk x