Loading...
HomeMy WebLinkAbout11/17/1982 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES NOVEMBER 17, 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 17, 1982, at 7:30 p.m. ROLL CALL: Present: Councilmembers Doyle, Foster, Ortner-Kubler, ' Maryanov, and Mayor Bogert Absent: None The meeting was opened with the salute to the Flag and a moment of silence. COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council . PUBLIC HEARING: 1 . P.D. 143 - G, MARANTZ Recommendation: That the Council approve planned develop- ment district to extend use of existing recreational vehicle park at. 211 W. Mesquite Avenue. Director of Community Development reviewed his report, dated November 17, 1982, and stated that planned development district was originally approved for a 10-year period, as an interim use of the property; that the developer is not ready to proceed with new development and has ' requested that the maximum time period be extended for (116) an additional 10 years; that the use no longer meets condi- tions under which it was approved, i .e. , it is no longer part of the Parkview Mobilehome Park, nor is it owned by the same property owner; that the Commission recommended the extension, subject to 9 conditions; that concern was expressed by the Council at its last study session, regard- ing undergrounding of utilities and that it should be commenced immediately; that an assessment district is a viable tool to accomplish that end, and language of the condition has been revised accordingly. In answer to questions by Council , Director of Community Development stated that the same requirement had been placed on the Wessman project to the south, which has 1/4 mile of undergrounding; that the Wessman project together with the subject project would equal a distance of 1/2 mile, which according to SCE is an economically feasible project. Councilman Maryanov stated that he would abstain from discussion and voting. Councilwoman Ortner-Kubler stated that she would also abstain from discussion and voting. Mayor declared the hearing open. 1_54 Council Minutes 11-•17-82 Page 2 1 . P.D. 143 - G. MARANTZ (Continued) John Wessman, 72200 Clancy Lane, Rancho Mirage, stated he was not opposed to the extension of the time period, but opposed to condition to join assessment district, which would also force him to have to underground his utilities; that he has undergrounded telephone lines on ' Palm Canyon, as well as across Palm Canyon to connect at Sonora; that SCE estimate to underground his facilities was $275-325,000, which would not have made the project economically unfeasible; that he has contracted with Edison to relocate the lines to the back of the property at a CON1 ' D cost of $61 ,000, and it would not be fair to require him (116) to underground the lines so soon; that he could understand imposing the requirement if Belardo Road were to go through at this time, but until the bridge is constructed and the road installed, he could not see spending the money; that he did not think there would be much savings now vs. later; that he would be willing to be included in an assessment district when Belardo goes through; that when the assessment district condition was imposed on him, he believed it referred to several years from now, which would enable him to amortize the cost of relocation; that he is undergrounding telephone lines for a considerable distance, both along Palm Canyon and across it to Sonora; and that the power lines along Belardo will not be seen from Palm Canyon Drive. In answer to question by Council , Mr. Wessman stated that his understanding of the assessment district condition on his project was that it would not be required for some time in the future, which he did not interpret to be two months after he had started construction; that he is opposed to an immediate requirement, but not to 2-3 years from now; and that he may opt to pay for it other than through an assessment district. Paul Selzer, Attorney and principal in the project, stated that the applicant is in agreement with the recommendation, with the exception of the undergrounding of utilities requirement, estimated to cost $300-350,000; that the use is an existing business and there is not an opportunity to refinance it to raise that kind of money; that if it is attached as a condition, he would recommend the permit not be given, because they cannot afford to do it; and that they would be agreeable to an assessment district when Belardo Road is completed. In answer to question by Council , he stated that when the Belardo Bridge is completed, it is believed that the property will be in a position of being redeveloped in a higher and better use, and capable of supporting the kind of business event- ually planned to be built on it; that they would like to be able to do the improvements without an assessment district, since it would be less costly; and that they are willing to join an assessment district when Belardo Road and bridge are installed. ' George Marantz, #6 Palomino, applicant, stated that he believed it might take another 10 years before Belardo Road is completed ; that $300,000 is excessive for a parcel 1300' x 230' and he is willing to install his portion of Belardo, however, adding that to the $300,000, he is facing a cost of $500,000 to save 1300 ft; that there is a 40-ft greenbelt and there will not be any additional costs in the future to remove asphalt or concrete; and that this site is the only RV park in the City. r: Council Minutes 11-17-82 Page 3 1 . P.D. 143 - G. MARANTZ (Continued) Allen Perrier, 3001 Tahquitz, representing Eastern Shores Mobile Village, who acquired the lease covering the park and the southerly 213 of the Happy Traveler site, stated that the Happy Traveler sublease expired in October, 1981 , and has been the subject of discussion for some time although no deal has been consumated; that the Council should table this matter until the applicant has the right to operate an RV park on the site; that the applicant was originally required to install Belard,o Road to its full-width and his client would be opposed to suggesting that an assessment district be created for that purpose, and to being assessed for the undergrounding of utilities for his one-half of the street; and that an assessment district requires the commitment of a certain amount of the property owners. Mr. Selzer stated that this matter is currently in litiga- tion and expected to be resolved shortly and is not an issue before the Council ; that the question before the Council is whether the use in that location is proper; that without a permit, it would be a violation of law and the lease and he urged that the permit be granted with the idea that it is a proper use for the location, regardless of who owns it. In answer to question by Council , City Attorney stated that as a matter of general statute, owner of the property must join in a zone change or planned development district CONT'D application; that the lessee has generally been viewed (116) as the owner for his leaseholder interest where that interest extends over a considerable period of time; that if Mr. Perrier is correct, it would appear his client should be part of the process; that he would not recommend that the Council act on an "if" basis, but rather that " the issue be resolved before taking action. Mr. Wessman stated that it was his understanding that the City regards a lease of 25 years or more as ownership of the property, and he did not view that as a complicated matter. There being no further appearances, the hearing was closed. Councilman Doyle stated that he would like to have had legal counsel at the Planning Commission meeting, and he assumed that all facts were made known; that he supports the project; and that his understanding of the condition is that when undergrounding is mandated for the Wessman property, then it should also be imposed on this site at the same time; and that he would recommend continuing this matter to clarify the legal question, and he would like information detailing the specifics of the condition on the Wessman property and how it affects this site. It .was moved by Doyle, seconded by Foster, and unanimously carried, Ortner-Kubler and Maryanov abstaining, that this matter be continued to December 1 , 1982, in order to clarify legal questions regarding ownership. Council Minutes 11-17-82 Page 4 PUBLIC COMMENTS: a) McCallum Civic Building: Gary Deeb stated that it was discovered at noon on this G date, that the bonding which was desired for the project has been affected by legislation which would not allow the project to qualify after December 31 , 1982, and it would be impossible to meet that qualifying deadline; that he requested a postponement of consideration of his proposal which indicated a favorable response, by December « 31 , 1982 as a condition; that efforts are being made to see if there are alternatives available to bond the project under different circumstances; that regarding another location, considerable time has been spent trying to find another site, and he would be willing to utilize another site if it could meet all of the qualifications wanted and found desirable at the McCallum site; that he will continue to pursue the McCallum site becaue he believed the .problems could be resolved; and that if the Council is willing to give continuing courtesies, he believes he can bring legitimate theatre to the community. Myra Goldwater, 2141 Sunshine Way, urged that courage and foresight be used to approve the theatre. Esther Youngerman, 1060 Olive Way, stated that 175 members of the P.S. Merchants and Citizens Association endorse and encourage the Nederlander project; that it believes strongly that the project is absolutely necessary for the future economic development of the City; that the location is favorable and will only help stimulate a high- (117) ' quality flow of development and enrich the downtown area and the community as a whole; that the parking arrangement is satisfactory and it is hoped that the community will recognize that and let the project become a reality, and not let it go elsewhere. Mrs. Bacher, 885 Prescott Drive, spoke in favor of the Nederlander project, and stated that something will have to be done about parking whether the theatre is built, and everyone should try to work together to make the theatre a reality. Shand Sales, 101 Ave. Palos Verdes, stated 'ghat it would be a great compliment for the Nederlander group to be in Palm Springs, however, he felt the site was the wrong location; that there is too much congestion and no parking; that the area is retail ; that there is a 350 seat theatre at the McCallum Building; that theatres in Los Angeles are "dark" 50-60% of the year; that his understanding is that there will be two restaurants, which is a high density use, and still no parking; and urged that careful thought be given to the project. Francis Crocker, spoke against taking over the library, ' stating that it has a high patronage and considerable local history; and that the site was dedicated for library purposes and he urged that it not be changed. Mr. Deeb stated that as a result of Mr. Crocker' s presenta- tion to the Library Board last week, considerable efforts were made to come up with a plan that would not disturb the library site. Mona Fisher, 1360 Verano, stated she was confident the parking problem could be overcome. 15 ► Council Minutes 11-17-82 Page 5 PUBLIC COMMENTS: a) McCallum Building Cont'd r Mayor stated that everyone is anxious to get a theatre and he is willing to lean over to try and get one; and that it would be an opportunity to have someone build it and operate it. ` City Manager stated that there has been extensive exposure to the project to many groups and individuals affected by it, and although the concept of the theatre has remained the same, the conditions required to achieve it have varied significantly; that the DDAC recommended no action until parking and library issues were resolved; that -the Parking Task Force is on record as opposing it because of its impact on parking; that the P.S. Merchants and Citizens Association favors it; that the Library Board and Historic Site Preservation Board are opposed because of 'the proposed use of the library site; that individuals and hoteliers are on record in support; and that 1233 individuals have signed a petition which states: "Assuming that parking and other issues are resolved, the undersigned hereby endorse the Nederlander-Deeb proposal for the development of a legitimate theatre on the site of the McCallum Civic Building. " of which 916 are residents of the City. He also stated that although no action is now anticipated, the item was CONT"D ' listed on the agenda in anticipation that acceptable condi- (117 ) tions would be found; that he strongly believes that a project of this kind isextremely desirable, but the proposal offered at this - time is not satisfactory, since there are too many issues unresolved, and although given time they might be worked through, action this date would not be advisable; and that this project - or others downtown - would include trade-offs or compromises, which at this point in time are too great. No action taken. b) Jim Yarrow, 1000 N. Palm Canyon Drive, spoke in opposition to the adoption of the electronic game arcade ordinance, stating that the City needs to provide attractions for the youth. c) J.Kenneth Moran, A-ctorney, 777 E. Tahquitz, 7#200, repre- senting the Amusing Sandwich, urged that Council not adopt the electronic game arcade ordinance, stating that there is only one business in the community which will be affected by the 1-year amortization period, and there is no evidence that would substantiate that one year is reasonable, and he has presented evidence that 12 years is reasonable; and that if the ordinance is adopted, he will be forced ' to bring action in court. d) Monty Palmer, 28160 Landau, stated that he owns a parking lot sweeping business and the noise ordinance may cause him severe problems in terms of sweeping shopping centers, usually swept between 10 p.m. and 8 a.m. , and urged that consideration be given to this problem. e) William Gietter, 2688 Calle Palo Fierro, spoke in favor of approving Final Tract Map 17279 (see Item 19). Council Minutes 11-17-82, Page 6 LEGISLATIVE ACTION: 2. MUNICIPAL SOLAR UTILITY Recommendation: That the Council amend the Municipal Code to provide a Municipal Solar Utility (MSU) and MSU leasehold marketing. Energy Coordinator reviewed his report, dater.) November 17,, 1982, and indicated that the MSU merely sets up an infrastructure whereby energy systems can be installed with a lease arrangement and it allows a homeowner or renter to be able to utilize solar on residential units and not have to pay up-front costs, but rather• amortize , the costs over the lease period; that because of recent legislation, .it is possible for taxpayers to lease a solar energy system on theirpremises and claim the State Solar Energy Tax Credit for the first three years of the lease payments; that the City sets minimum standards and any company desiring to install units } must meet those standards, and the City does not guarantee the company only that the product meets standards established by the City; that rules and regulations are not being established at this point but having, the ordinance in effect by January 1, 1983 (103) enables participants to be eligible for the tax credits; and that regarding an arbitration board, it will be a subject of the rules and regulations including , its rules of operation, use and types of ' appeals to it. City Clerk read title of the Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTERS 8.30 AND 8.32 TO THE PALM SPRINGS MUNICIPAL CODE, ESTABLISHING A MUNICIPAL SOLAR UTILITY. 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. 3. SEWERS - PUMP STATION #1, FORCE MAIN, AND POLICY RE: PORTION OF PALM HILLS Recommendation: That the Council award contract to Edmond Vadnais for construction of pump station #1 and force main, in amount of $1,089,581; and establish policy regarding providing sewers to a portion of Palm (128) Hills. Director of Community Development stated that in response to query raised at the last study session the City Engineer has determined that the convection at which point gravity flows would tie into the Cook Street Plant facilities would be beyond Cathedral Canyon Drive and across the channel, and would not be large enough to handle the amount which would be generated from the Palm Springs area; and that award of contract remained as recommended. He stated that the recommendation relating to policy regarding sewers to a portion of Palm Hills would be for a maximum of 370 units; that the area north of Eagle Canyon should have been considered when the Palm Hills area was looked at in terms of feasibility to connect to the plant vs. 55 Council Minutes 11-17-82, Page 7 3. SEWERS - PUMP STATION #1 (Continued) pumping sewage uphill which was determined to be a costly way of handling the situation; and that it was indicated at that time that staff would come back with a recommendation and policy for that portion of Palm Hills. In answer to question by Council, City Manager stated (iP8) that this would be the maximum number of units that would be allowed to connect; that the number of units proposed by Mr. Dunn is less than that amount; that the environmental impact report outlines the number to be served; and that possible recommendations will be addressed concerning definitive planning to serve or not serve specific areas in the community. Councilman Doyle stated that sewers and other utilities will have to be provided by the developer and that he would be opposed to any further encroachment into the capacity of the sewer plant, and that the Palm Hills area should stand on its own. City Attorney stated that the policy provides information to anyone in the area that this will be the maximum amount of units that could be served:, that he did not think policy was so binding or final that it could not be changed in the future; that the policy statement does not have a binding effect other than to serve as notice that it is the policy and can be followed and that he was not aware of anything that would force the Council to have to accept a greater number of units. Minute Order 3172, awarding the contract as recommended and Resolution 14429 establishing the policy as recommended, were presented; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that Minute Order 3172 and Resolution 14429 be adopted. 4. ORDINANCES FOR SECOND READING AND ADOPTION (Introduced 11-3-82) City Clerk read title of Ordinance 1166, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO REGULATE THE USE OF VIDEO AMUSEMENT ARCADES (103) THROUGHOUT THE CITY. and Ordinance 1167, as follows: ' AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.74 TO THE PALM SPRINGS MUNICIPAL (103) CODE, REGULATING NOISE SOURCES THROUGHOUT THE CITY. Councilwoman Ortner-Kubler stated that she felt the Electronic Games Arcade Ordinance was a disservice to Section 14, for which there is an attempt being made to upgrade it and develop it in the long range as a highly desirable section; that she believed that would be within the near future and Indian Avenue and Palm Canyon Drive should compliment each other; and that she would like to see the CBD Zone extended easterly to Calle E1 Segundo. E,(1 Council Minutes 11-17-82, Page 8 4. ORDINANCES FOR SECOND READING (Continued) Y Councilman Doyle stated that the Council is operating under limits as they exist today and that as time passes if the Tribal Council would agree to expanding the CBD easterly then CONT'D he would concur in the concern regarding the electronic (103) arcades in that it should apply equally throughout that particular zone, otherwise the Council would not be in a position to make any other decision then what it has made. He stated that he was satisfied that the area is being properly addressed. Councilwoman Ortner-Kubler stated that she understood this position, however, she felt it was something that should be looked at. Councilman Foster stated that he would like to limit the number , of games in the CBD to a maximum of two games per establishment and that he, too, agreed that the east side of Indian Avenue should be included in the CBD and it should be looked at immediately. Councilman Maryanov stated that he agreed the expansion to the east side of Indian Avenue should be addressed. It was moved by Doyle, seconded by Maryanov, and unanimously carried that further readings be waived. ' It was moved by Doyle, seconded by Maryanov, and carried by the following vote that Ordinance 1166 be adopted AYES: Doyle, Maryanov, and Bogert NOES: Foster, Ortner-Kubler ABSENT: None It was moved by Doyle, seconded by Maryanov, and inanimously carried that Ordinance 1167 be adopted In answer to question by the Council, City Manager stated that staff was aware there may be some problems with regard to the Noise Ordinance, i .e. , blowers used for sweeping and that this will be monitored to determine whether further considerations need to be given. 5. COMPREHENSIVE FEE SCHEDULE AMENDMENT - LATE CHARGE Recommendation: That the Council amend the comprehensive fee schedule to establish a one (1) percent per month charge on unpaid balance of an overdue receivable more than thirty (30) days old. In response to question. by Council, Finance Director stated that the late charge varies from one (1) to one and one-half ' (li) percent, that he was not aware of a "standard" that is (114) used and that there are not many cities charging such fees at the present time. Resolution 14430 amending the fee schedule as recommended was presented; after which, it was moved by Doyle, seconded by Foster, and unanimously carrried that Resolution 14430 be adopted. T. Council Minutes 11-17-82, Page 9 6. MUNICIPAL CODE AMENDMENT - PUBLICATION VENDING MACHINES Recommendation: That the Council amend the Municipal Code to limit graphic material displayed on the exterior of newsracks. Councilman Doyle stated that the Maintenance and Clean-up (103) Task Force supports the recommendation and urges approval . City Clerk read title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 14.16, SECTION 14.16.462 (10) (ENCROACHMENTS IN PUBLIC RIGHTS-OF-WAY) OF THE PALM SPRINGS MUNICIPAL CODE, CLARIFYING USE OF PUBLICATION VENDING MACHINES FOR ADVERTISING PURPOSES. It was moved by Ortner-Kubler, seconded by Foster, and unanimously carried that further reading be waived and that the Ordinance be introduced for first reading. 7. CITY HALL AND POLICE BUILDING EXPANSION - ARCHITECTURAL SERVICES Recommendation: That the Council approve architectural services contract with Donald Wexler Associates for police building and Williams, Clark, and Williams and Clinton Marr ' Associates, a Joint Venture, for alteration and addition to City Hall . (117) This item removed from agenda in order to clarify specifics in the agreements as discussed at last study session. ` 8. McCALLUM CIVIC BUILDING/SITE AND LIBRARY SITE - CONDITIONS FOR DISPOSAL Recommendation: That the Council establish conditions under which the sale of the McCallum Building property and the Welwood Murray Library property may be sold for the development of a legitimate theatre, related facilities, and a new library. See comments above under "Public Comments". (117) CONSENT AGENDA: 9. Resolution 14431 approving amendment #1 to Agr 1447 with APCOA for management of the Airport parking facility, (51 ) relating to minimum annual fee and providing rate increases. 10. Minute Order 3173 authorizing filing TDA claim with SCAG for (136) $116,789 to perform maintenance on local streets. 11. Resolution 14432 approving 12-month time extension for (116 ) property on the SW corner of Cahuilla Road and Tahquitz McCallum Way, L. Hess, PD122. 12. Minute Order 3174 authorizing a $7,500 expenditure to JHK & Associates for an update of the City's transportation system (101 ) computer model . 13. Minute Order 3175 approving agreement and consent to assignment and encumbrance of lease for city-owned property (85) in Section 35 currently under lease to AFCOM Mobile Home Parks, Ltd. to Fredricks Development Corp. r)r; Council Minutes 11-17-82, Page 10 CONSENT AGENDA (Continued) 14. Minute Order 3176 approving agreement with Lighting Research Laboratory, to provide illumination engineering services, in (134) amount of $6,000,. 15. Minute Order 3177 awarding contract to Pictorial Sciences, Inc. , for a comprehensive aerial photographic survey of the (136 ) City and its sphere of influence, in amount of $12,424. 16. Resolution 14433 approving 12-month time extension for Tentative Tract Map 17392 for property on the SW corner of (137) Cantina Way and S. Palm Canyon, Hacker/Coble. 17. Resolutions 14434, 14435, 14436, and 14437 approving Payroll (86) Warrants and Claims and Demands. It was moved by Doyle, seconded by Maryanov, and unanimously carried - that Resolutions 14431 through 14437 and Minute Orders 3173 through 3177 be adopted. h 18. COMPUTER POWER CONDITIONER UNIT - AWARD Recommendation: That the Council award bid to furnish and install a computer power conditioner unit to J. P. Beecher Associates, Inc. , in the amount of $25,917.60. (117) 1 Minute Order 3178, awarding purchase as recommended was presented; after which, it was moved by Doyle, seconded by ' Ortner-Kubler, and unanimously carried, that Minute Order 3178 be adopted. 19. FINAL SUBDIVISION MAP 17279 Recommendation: That the Council approve final Subdivision Map for Tract 17279 to divide property located at McCarthy Road and Radio Road for construction of industrial buildings- (137) KWL/W. Gietter. Resolution 14438, approving suhdvision map as recommended, was presented; after which, it was moved by Doyle, seconded by Ortner-Kubler, and unanimously carried, that Resolution 14438 be adopted. REPORTS & REQUESTS: 20. CITY COUNCIL Reports or Requests a) Councilwoman Ortner-Kubler requested that staff determine whether the Cafe Espresso on the southwest: corner of Tahquitz-McCallum and Palm Canyon Drive complies with required liquor license provisions. b) Councilman Doyle stated that Touche-Ross has conducted most of the interviews of the steering committee, Council and citizens, and there seems to be a perception by some that a certain type of structure will be recommended; that the assumptions 'in the study based on demand estimates from the Kuebelbeck samples and does not represent a recommendation on the part of Touche-Ross since it has not researched the issue to the degree to make that kind of recommendation; and that the consultant is not trying to send up trial balloons - only to provide illustrations for the steering committee. 1�a Council Minutes 11-17-82, Page 11 20. CITY COUNCIL Reports or Requests (Continued) c) Mayor stated that staff should take appropriate steps to begin addressing an easterly extension of the CBD. 21. PUBLIC Reports or Requests - None 22. STAFF Reports or Requests - None CLOSED SESSION It was moved, seconded, and unanimously carried that the Council adjourn to a closed session for legal matter; after which it reconvened in regular session. 23. WIND ENERGY City Manager stated that the County adopted a Wind Energy Ordinance, however, the Board of Supervisors removed most of the "teeth" from it; that City staff was asked to see if the method could be procedurally attacked; that the Council reviewed this in its closed session, and if approved, legal counsel would be hired to pursue that course of action; that additionally the Bureau of Land Management lease condition was changed to expand from 12 to 180 structures of a different nature, and he believed that there is a potential challenge to the grounds held by the County that the prior (123) environmental review was adequate on the basis that there was not substantial change in the project which lead to allowing the change in the lease to enable more structures of a smaller size. It was moved by Doyle, seconded by Ortner-Kubler, and unanimously carried that based upon information provided in Planning staff report, the City staff, including City Manager and City Attorney, and their designees are authorized and directed to take such action as appears appropriate (1) to inquire into, and if appropriate, challenge the procedures followed by the Riverside County Board of Supervisors in adoption of County Resolution 82-236, amending General Plan, and in adopting County Ordinance 348.2104, and (2) review, and if appropriate, challenge the adequacy of environmental review of said projects and related Bureau of Land Management environmental review, all relating to wind energy development. ADJOURNMENT There being no further business at 10:20 p.m. , Mayor declared the meeting adjourned. JUDITH SUMICH City Clerk