HomeMy WebLinkAbout1/5/1983 - MINUTES 1_80
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JANUARY 5, 1983
A Regular Meeting of the City Council was called to order by Mayor
Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednes-
day, January 5, 1983, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Doyle, Foster, Ortner-Kubler,
Maryanov and Mayor Bogert
Absent: None
COMMUNITY REDEVELOPMENT AGENCY: No business
APPROVAL OF MINUTES:
It was moved by Doyle, seconded by Foster, and unanimously
carried, that the minutes of December 15, 1982, be approved.
PUBLIC HEARINGS:
1 . P.D. 132 - S. PLATT
Recommendation: That the Council reconsider Planning Commission
recommendation to certify EIR as complete and approve applica-
tion for planned development district for 11-unit hillside
residential development.
(116)
Director of Community Development reviewed his report, dated
January 5, 1983, indicating that a majority of the property
is in the R-2 zone, with approximately 112 acre in the 0-20
designation; that the General Plan medium density designation
would permit 15 units per acre, however, the applicant is
proposing 3.6 units per acre, and use of the POD process to
combine the zoning to permit a portion of three units in the
0-20; that of the 11 units, one is a single family dwelling
and the remainder will be five duplex units ; chat the site
is half cut and half fill , and an elevation of 12 ft above
the private roadway and the area between the private road
and the proposed tennis court site is held by a 4 ft. retaining
wall for a 4 ft. slope atop of which is another 4 ft. retaining
wall ; that the cut for the tennis court is proposed to be
a 19-ft rise tapered up the hillside over a distance of 40
ft; that final development plans are subject to Council
approval , which include detailed grading, landscaping, irriga-
tion, etc. plans, and must be filed within one ,year from date
of approval .
Mayor declared the hearing open.
Council noted receipt of telegram from Dan Kaplan and letter
from Mr. Nussbaum, each opposing the project.
Dan Johnson, 801 E. Tahquitz, Council action reached on this
project with action taken on the Dunham application; that
reconsideration is requested because it was believed that
the main comments and criticisms reached by the Council and
others related to the 0-20; and that only a small portion
of the property is 0-20.
Hal Lacey, 852 Biltmore Place, stated that he was involved
in the design of the project, which he feels has very low
profile; that it has merit which should be taken into considera-
tion; that the tennis court is an amenity to the project,
not critical to the project, and the least obtrusive and in
a low inconspicuous area; and that he was not aware at this
time of another location for the tennis court.
Council Minutes
1-5-83 Page 2.
1 . P.D. 132 - S. PLATT
Director of Community Development responded to question by
Sig Ehrens, 2441 Cahuilla Hills, regarding proximity of the
project to Cahuilla Hills, after which, Mr. Ehrens stated
he had no objection to the project.
' Jane Ellison, 1888 Century Park East, attorney with Manatt,
et al , representing Canyon Vista Homeowners Association, stated
that she did not see any distinction between the two applica-
tions, in that both represent an intrusion into the General
Plan and the 0-20 zone; that their opposition is largely
identical with that made at the last meeting; that approval
needs to include findings that the project is consistent with
the General Plan; that 20% of the land is 0-20; that the several CONT'D
elements of the General Plan refer to prohibition into slopes (116)
of 30-ft or more; that a part of 5 of the 10 units will fall
into the 0-20; that the terrain is steep, and although a portion
is zoned R-2, she found it difficult to believe that the site
can be developed without intruding into the 0• 20; and that
they have concerns regarding topography, access, and grading.
She distributed photographs of the site, and stated that based
on her research, the Council did not have jurisdiction to
reconsider this matter.
City Attorney stated disagreement with Ms. Ellison' s conclusion,
and stated that the Council sets its own procedure; that the
determination to place this matter on the agenda again was
result of informal consensus at a recent study session; that
the Council can formalize that action by adopting a motion
to reconsider, before commencing debate on the issue.
There being no further appearances, the hearing was closed.
It was moved by Doyle, seconded by Ortner-Kubler and unanimously
carried, that the Council reconsider its denial and the Planning
* Commission recommendation to approve this matter.
Councilman Foster stated that he believed the cut for the
tennis court would deface the slope and it will be impossible
to preserve the mountain without scarring it; that he has
concerns regarding intrusion into the 0-20; and that he felt
a field trip would be in order to have a first-hand view of
the site, its grade, and the area where the tennis court is
proposed.
In answer to question by Council , Director of Community Develop-
ment stated that there is approximately 112 acre in the 0-20
,. zone; that consideration of crossing zone lines is a proper
application of the planned development district process; and
that the Commission reduced the height of the wall from 6
to 4 ft.
It was moved by Doyle, seconded by Foster, and unanimously
carried, that this matter be continued to January 19, 1983,
in order to permit field trip to become oriented to the site.
Council Minutes
1-5-83 Page 3
2. SIGN APPEAL - 226 N. PALM CANYON
Recommendation: Consideration of appeal from Planning Commis-
sion denial of main identification sign constructed of exposed
neon.
(131 )
Planning Director reviewed background report, of Director of
Community Development, dated January 5, 1983, noting that
the applicant worked with staff in trying to come up with
something that was more integrated, however:, only one store
was being dealt with; that the Commission believed the sign
would be garish and voted for a restudy; that the Architectural
Advisory Committee unanimously recommended approval of the
sign, subject to rounding the corners and recessing the cabinet;
that the neon tubing would a pink-orange color lighted at
all times, and stand off the background; and that the AAC
believed the sign was well designed, however, the Commission
did not believe it was appropriate for this street.
In answer to questions by Council , Planning Director stated
that there was no specific direction given by the Commission
as to the restudy, however, he felt it was understood that
the applicant should move away from the use of exposed neon;
and that the applicant did not go back to the AAC with a
modified proposal because they felt it was the best overall
sign that could be designed.
Mayor declared the hearing open.
Bill Howlett, representing applicant, stated that the general
geometry of the sign could be adaptable for other tenants
in the building; that they are appealing because it was the
neon that specifically disturbed the Planning Commission,
but there is precedent for it, i .e. , Paper Lily and 30 years
ago, the Village Theatre; that the applicant always uses the
medium and desires to continue to do so; that, if restudy were
pursued, it would be with the prospect of approval , however,
that would have to be a different sign, for which the applicant
has no interest; and that as an alternative the applicant
would consider a tan background as opposed to the orange-bronze.
There being no further appearances, the hearing was closed.
In answer to question by Council , Director of Community Develop-
ment stated that there is nothing in the Sign Ordinance which
prohibits the use of neon.
Councilman Foster stated that the sign for the Paper Lily
is inside the window, where this sign would hang on the fascia
and would set a precedent for other signs in the complex;
that the purpose of a sign is to grab people' s attention;
and, if approved, this sign would be the only neon sign hanging
on the fascia of a building.
Councilwoman Ortner-K:ubler stated that neon can be attractive,
however, she believed the particular colors will be garish,
attract attention, and set precedent for remainder of the
complex, which she would not favor.
It was moved by Ortner-Kubler, seconded by Foster, and unani-
mously carried, Doyle abstaining, that the Planning Commission
action be upheld.
.,
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Council Minutes
1-5-83 Page 4
3. PUBLIC NUISANCE ABATEMENT APPEAL - SMOKE TREE VILLA
Consideration of appeal from posting and order to remove storage (57)
sheds within rear yard setback at 1586 E. Palm Canyon, continued
to February 16, 1983, at request of appellant.
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4. UNIFORM FIRE CODE, 1982 Ed.
Background: On December 15, 1982, Council introduced ordinance
to adopt 1982 Ed. of the Uniform Fire Code, with amendments,
additions and deletions thereto, and set this as time and
place for hearing on its adoption. City Manager noted that ( 87 )
this matter was presented and reviewed in detail at the time
of introduction of the ordinance.
Mayor declared the hearing open ; there being no appearances,
the hearing was closed.
City Clerk read title of Ordinance 1172, as follotvs:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING AND AMENDING THE 1982 EDITION Or THE UNIFORM
FIRE CODE.
„ It was moved by Doyle, seconded by Maryanov, and unanimously
carried, that further reading be waived, and that Ordinance
1172 be adopted.
PUBLIC COMMENTS:
a) Sig Ehrens, 2441 Cahuilla Hills, stated that requirements
t should be established to mandate removal of debris on
property where construction commenced but was not completed
after several years. He also suggested that funds proposed
to be used to continue convention center study be used
to offset cost of police foot patrol .
b) Allen Perrier, 3001 Tahquitz-McCallum, stated that regarding
cleanup of property, formerly The Plaza Trailer Park,
relating to Tentative Parcel Map 18963, it is not a
life-endangering circumstance; that power has been turned (119)
off and his client will discuss cleanup with a contact
that the Building Division has suggested, and if the work
is not completed by Friday or the following Monday, a
skiploader will be brought in to remove the debris and
to do so quickly. He stated that he understood the work
was to have started earlier in this week and that a small
amount was removed this date.
Councilman Doyle stated that he would be opposed to the
tentative ma approval unless there is p pp progress in getting
it cleaned up.
c) Anne Sutherland, President of the CVB Board of Directors,
urged approval of the Board' s request to fund two additional
positions (See Item 7).
' d) Paul Selzer, Attorney, indicated availability to respond
to questions regarding Item 12.
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Council Minutes
1--5-83 Page 5
LEGISLATIVE ACTION:
5, POLICE FOOT PATROL - IMPLEMENTATION COST
Recommendation: That the Council appropriate additional $11 ,384
to fund police foot patrol in the central business area for
a period of 11 weeks. (61 & '
113)
Police Chief reviewed his report, dated January' 5, 1983, noting
that personnel shortages because of a high rate of injury
and number of officers in training, the Department has not
been able to provide the patrol with the current allotment;
that the $11 ,000 will allow foot patrol seven days per week
until March 20, at which time, staffing level should return
to normal and the services can be maintained with the regular
force.
Resolution 14466 amending the budget, as recommended, was
presented; after which, it was moved by Doyle, seconded by
Ortner-Kubler, and unanimously carried, that Resolution 14466
be adopted.
6. SCHOOL/CITY JOINT USE OF FACILITIES AGREEMENT
Recommendation: That the Council approve new master, agreement
with the School District for joint use of facilities and cooper-
ation in programming.
Director of Community Services noted minor language changes, (126)
most of which were reviewed at the last study session, and
that the agreement covers one year.
Resolution 14467 approving the agreement as recommended, was '
presented; after which, it was moved by Doyle, seconded by
Foster, and unanimously carried, that Resolution 14467 be
adopted.
7. CVB SUPPLEMENTAL BUDGET REQUEST
Recommendation: That the Council consider funding $42,000
supplemental budget request for 1982-83, for hiring convention
sales manager and tour and travel manager for the CVB.
(5p &
City Manager stated that given the uncertainty of the 83-84 61 )
budget, an $84,0001- on-going commitment may be premature,
and consideration might be better handled through the annual
budgetary process coming up in a few months. He stated that
the CVB desires funding now and cited reasons at the last
study session.
Councilwoman Ortner--Kubler stated that she believed there
is a need to support the request; that tourism is the City' s
largest industry and it takes money to make money and the
estimated revenues to the community as a result of the new
positions makes the expenditure worthwhile; that suggestion '
was made at the study session to take a cllose look at the
CVB during the budget review to determine -if other matters
should be deleted; that she thought it might be necessary
to increase its budget, but with the new positions that might
not be necessary.
Councilman Doyle stated that a close look will have to be
taken at budget time to insure that everything is justified;
that it is best to spend dollars when concrete results are
needed, such as those which the community is not now receiving,
i .e. , tour and travel business is down ; that the additional
funds will enable getting some groups here in the 84-85 seasons;
and that he concurred with the City Manager regarding mid-year
budget request, but in this instance he supported the concern
regarding the City' s number one industry.
L''t3 a
Council Minutes
1-5-83 Page 6
7. CVB SUPPLEMENTAL BUDGET REQUEST (Continued)
Councilman Maryanov concurred with the above comments, noting
that projections will be measured against the results expected CONT` D
in fifteen months; that he viewed the appropriation as a revenue (50 &
raising expenditure, and if not for the lead 'time required 61 )
' in the industry, he would otherwise agree with the City Manager
regarding mid-year budget changes.
In response to question by Council , City Manager stated that
it was not likely that the entire sum would be expended by
June 30, 1983, and suggested that perhaps approval should
Y be limited to the items proposed and not lumped together with
other CVB expenditures.
Resolution 14468, amending the budget to appropriate $42,000,
was presented; after which, it was moved by Foster, seconded
by Ortner-Kubler, and unanimously carried, that Resolution
14468 be adopted, subject to limiting expenditure of the funds
to purpose for which they are approved.
8. TENNIS CENTER - RFP
Recommendation: That the Council authorize RFPs and establish
minimum standards for proposals. Director of Community Services
noted that as a result of discussion at the last study session,
the reference to a minimum rent should be eliminated.
Minute Order 3189, authorizing RFPs and establishing minimum (117)
standards, as recommended, including deletion of the minimum
$15,000, be adopted.
' 8A. MUNICIPAL CODE AMENDMENT (Ord Intro 12-15-82)
City Clerk read title of Ordinance 1173, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 11 .72 OF THE PALM SPRINGS MUNICIPAL CODE. (103)
` It was moved by Doyle, seconded by Foster, and unanimously
carried, that further reading be waived, and that Ordinance
1173 be adopted.
Council Minutes
1--5-83 Page 7
CONSENT AGENDA:
9. Minute Order 3190 awarding contract to Cappello Construction,
Inc. , for sewer main in Bogie Road, Vista Chino and Via (128)
Norte, in amount of $187,615.
10. Resolution 14469 and Resolution 14470 approving Airport Use A
Agreement and Security Costs Agreement with Flight Trails, Inc. , (51 ,)
dba Air Resorts Airlines.
11 . Resolution 14471 approving final development plans for Phase
2 of 6-acre neighborhood shopping center at the SE corner of (IIii)
N. Palm Canyon and RacCIuet Club Road. - Westar. P-D 113 +
12. Resolution 14472 approving Tentative Tract Map 14009 to divide
property on Amado Road between Avenida Caballeros and Sunrise, (137)
Friedman Ventures.
13. Resolution 14473 approving 12-mo. time extension for Tentative
Tract Map 18126 for property on the SW corner of Vista Chino (137)
and Cerritos Road - J. Cain.
14. Resolution 14474 approving second 12-mo. time extension for
Tentative Tract Map 16747 for property on the NE corner of N. (13'7)
Indian avenue and Racquet Club Road - L. Phillips.
15. Resolution 14475 amending the budget to appropriate $1 ,000 to (61 &
fund utility bills for the McCallum Civic Building for the 117)
remainder of the fiscal year.
16. Minute Order 3191 approving Change Order #11 to increase '
Dillingham Construction Co. contract $41 ,166, in connection (127)
with the Wastewater Treatment Plant expansion.
17. Minute Order 3192 approving month-to-month extension of SunLine
lease agreement for space at. the City' s Corporation Yard. (117)
18. Minute Order 3193 approving renewal of service agreement with
Sparling, Envirotech Corporation, for Wastewater Treatment Plant
controls and instrumentation, in amount of $17,041 , for year (127)
ending November 30, 1983,
19. Resolution 14476, 14477, 14478, and 14479 approving Payroll (86)
Warrants and Claims & Demands.
20. Resolution 14480 approving third 12-mo. time extension for Tenta-
tive Parcel Map 14654 for property on the south side of Vista ( 119)
Chino, east of North Sunrise Way - J. Cain.
It was moved by Doyle, seconded by Foster, and unanimously
carried, that Resolutions 14469 through 14480, and Minute Orders
3190 through 3193 be adopted.
Council Minutes
1-5-83 Page 8
21 . TENTATIVE PARCEL MAP 18963
Recommendation: That the Council approve Tentative Parcel
Map 18963 for property located between Indian Avenue and Calle
Encilia, south of Tahquitz-McCallum Way.
In response to questions raised at the last study session,
Building & Safety Director stated that he has been working
with Western Ventures to get the property clean-up started; (119)
that a few items were removed from the site on this date;
that although the site may not be considered a dangerous condi-
tion, children have been playing there and asked to leave
the site; that the site has been posted as a public nuisance,
and promises were made to clean it December 1 , 28 and January
3 and 4, and it was only after insistence on his part that
anything was removed this date; that he would prefer that
the owner clean the site, rather than the City; that the
developer seems interested in trying to resolve it, but does
not have many people here, and most of conversations have
been with the developer in Los Angeles ; and that it should
only take a couple of days to clean it.
Mr. Perrier stated that he has been assured that there will
be increased activity.
Councilman Foster stated that it was inexcusable that something
has not been done to date; that excuses for not getting it
done are weak; and that it is an acute eyesore in the central
part of the City.
' In answer to question by Council , Building & Safety Director
stated that estimated cost for cleanup is $8-10,000, plus
administrative costs, for the City to abate it, which does
not include any demolition; that there is potential problem
of recovery of the funds, in that it would only be collectible
through lien on the leasehold interest; that what the developer
is doing now is only a stop-gap measure and he will be seeking
bids for total demolition and site work.
City Manager suggested that perhaps the Council might desire
to adjourn to its next study session and continue consideration
of the map until that time to see if any progress has been
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made.
It was moved by Doyle, seconded by Foster, and unanimously
carried, that this matter be continued to January 11 , 1983.
Note: At the conclusion of Council Reports, request was made
by staff to clarify intent of continuance, at which time Council
indicated that Friday, January 7, 1983 would be the deadline
by which the applicant must clean the site, otherwise staff
should proceed with abatement process, and the only purpose
in continuing the action on the map to Tuesday, was due to
lack of interest in having another Council meeting before
its study session.
22. BUDGET AMENDMENT - MUNICIPAL GOLF COURSE
Recommendation. That the Council appropriate $9,700 to cover
replacement of irrigation pump motor and repairs to the system
for this fiscal year.
Resolution 14481 , amending the budget as recommended, was &692)
presented; after which, it was moved by Doyle, seconded by
Foster, and unanimously carried, that Resolution 14481 be
adopted.
Council Minutes
1--5-83 Page 9
23. CITY MANAGER SALARY ADJUSTMENT '
Resolution '14482, approving City Manager salary increase, (61 )
was presented; after which, it was moved by Doyle, seconded
by Ortner-Kubler, and unanimously carried, that Resolution
14482 be adopted.
REPORTS & REQUESTS:
24. DEPARTMENTAL REPORTS - received & ordered filed
a) Treasurer' s Monthly - October, 1982
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25. COUNCIL reports or requests
a) Councilwoman Ortner-Kubler requested staff check into
Validity of catering use at the Moorten Botanical Garden
on youth Palm Canyon.
26. PUBLIC reports or requests - None
27. STAFF reports or requests - None
ADJOURNMENT
There being no further business at 9:20 p.m. , Mayor declared
the meeting adjourned to Tuesday, January 11 , 1983, at 2 p.m. ,
in the Large Conference Room, City Hall .
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L�7JUDITH SUMICH
City Clerk '
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