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HomeMy WebLinkAbout7/27/1983 - MINUTES 35� E CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 27, 1983 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, July 27, 1983, at 7:30 p.m. ROLL CALL: Pres®nt: Councilmembers Doyle, Fester, Ortner and Mayor Bogert Absent: Councilmember Maryanov The meeting was opened with the salute to the Flag and a moment of silence. COMMUNITY REDEVELOPMENT AGENCY: No business PRESENTATION: Resolution 14670, commending George Willis for his assistance in saving the life of a child at the Swim Center, was presented; after which, it was moved by Foster, seconded by Doyle, and unanimously carried, that Resolution 14670 be adopted. (74) The resolution was presented to Mr. Willis and expressions of appreciation were made by Councilmembers. APPROVAL OF MINUTES: It was moved by Doyle, seconded by Foster, and unanimously carried, Maryanov absent, that the minutes of June 15 and 28, and July 6, 12 and 13, 1983 be approved. PUBLIC HEARINGS: 1 . AA CASE 3.434 (CAFE EXPRESSO) - APPEAL Recommendation: Consideration of appeal from Planning Com- mission denial of architectural approval of plan for altera- tions to Cafe Expresso, 109 S. Palm Canyon Drive. Director of Community Development reviewed his report, dated July 27, 1983, noting that the application was to approve plans to upgrade the planter areas and to provide better traffic control in and out of the patio seating area; that the AAC approved the changes by 5-0 vote, but the Planning Commission, by a 5-1-1 called for a restudy of the proposal ; (111 ) and that the appellant's opinion is that the Planning Commis- sion was trying to deny the outdoor bar use, and is not asking for anything different from that which the AAC approved. He displayed the proposed plans. In answer to question by Council , he stated that, other than that being requested, everything else on the site has been approved by the Planning Commission and/or City Council . Planning Director stated that the bar is a full-service t bar, and liquor can be served outside from it; that it is the same use as existed there previously, without the bar stools; that the Commission believed that any change to the patio area meant the entire outdoor area could be reviewed; that it was not happy with the bar arrangement before and is still not now happy with it, apparently because of the visibility from the street; and that the AAC addressed only that which it was shown. City Attorney stated that the Assistant City Attorney attended the Commission meeting and has indicated to him that when discussion came up regarding the bar use, that he had commented to the Commission that discussion should be limited to the Council Minutes 7-27-83 Page 2 1 . AA CASE 3.434 (Continued) application before it and that an applicant does not place existing facilities, or total architectural scheme, on the line everytime he comes with a request for one part; that CONT°D such comment is consistent with the Zoning Ordinance; and (11T ) he agreed with those comments by the Assistant City Attorney. Mayor declared the hearing open. Edwin Bruder, appellant, stated the letter of appeal covers all germaine remarks. Councilman Doyle noted that Mr. Bruder had spoken with him briefly prior to the start of the meeting. There being no further appearances, the hearing was closed. Councilman Foster stated that he believed the AAC had the proper feeling as to what was before it, and he agreed that consideration was of minor modifications regarding entrance, landscaping and planters. It was moved by Foster, seconded by Doyle, and unanimously carried, Maryanov absent, that the Planning Commission action be overruled and that the appeal be granted and the Archi- tectural Advisory Committee recommendation be upheld. 2. PUBLIC NUISANCE ABATEMENT APPEAL - MULLENS Recommendation: Consideration of appeal from posting as public nuisance, 8. 17 acres of vacant property generally (57) located at Crossley Road and 34th Avenue, Section 20. Director of Community Development reported that this matter was scheduled for August 3, 1983, and inadvertently placed on the agenda for this meeting; after which, it was moved by Doyle, seconded by Foster, and unanimously carried, Maryanov absent, that this matter be continued to August 3, 1983. PUBLIC COMMENTS - None LEGISLATIVE ACTION: 3. MAIN LIBRARY - PARKING LOT IMPROVEMENT On July 12, 1983, Council continued consideration of awarding contract for parking improvements at the Main Library. (99) Director of Community Development recommended proceeding with award of contract as originally recommended, i .e. , modifi- cation to provide angle parking, lighting and 'landscape modifi- cations. He displayed plans showing original proposal and alternative proposal , retaining 90' parking, and stated that updated bid from Massey for the alternative plan would provide an overall reduction of $370; and that staff recommendation to retain the original proposal is based on factors that revised plan would have to add two light fixtures, that saving certain trees will still result in lot that has a haphazard appearance, and that the trees would not be destroyed, but moved to another location; that small tree wells are not a factor as to variation in size of existiing trees, rather vandalism 5 years ago, loss of tree through careless driving, and mature trees from original landscaping„ that the major concern of the Library Board was easier access through angle parking and additional spaces that could be added; and that overall width of the parking lot is shy 4-ft in terms of maneuverability, and the traffic engineer felt the angle Council Minutes 7-27-83 Page 3 3. MAIN LIBRARY PARKING LOT (Continued) parking would ease that condition. City Manager stated that he believed it was helpful to have looked at an alternative proposal , however, recommended pro- CONT"D w. ceeding with the Library Board and staff recommendation. (99) In answer to question by Council , Director of Community Development stated that shifting the lot toward the library to compensate for the 4-ft deficiency, would only result in reducing the stall depth or the aisle width. Councilman Foster questioned why the lot should be shy now, if it was to standard 10 years ago when it was originally constructed; that drivers tend to proceed through a forward stall and then exit a parking lot, and the angle parking will only create hazards and problems by such drivers trying • to navigate that kind of a turn; and that he recommended rejecting the bids, and redesigning the project to save the trees. It was moved by Doyle, seconded by Ortner, and carried by the following vote, that Minute Order 3265, awarding the contract as originally recommended to Massey Sand & Rock Co. , be adopted: AYES: Doyle, Ortner & Bogert NO: Foster ABSENT: Maryanov 4. MUNICIPAL CODE AMENDMENT - STUDY SESSIONS Recommendation: That the Council amend the Municipal Code to establish regular study session dates. (103) • City Attorney stated that the thrust of the amendment will permit the Council to receive information and discuss appeals at study session, upon giving notice to the affected parties that such review and discussion will take place and at the prescribed time and location. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.04 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO CITY COUNCIL STUDY SESSIONS. It was moved by Doyle, seconded by Ortner, and unanimously carried, Maryanov absent, that further reading be waived and the Ordinance be introduced for first reading. 5. MUNICIPAL CODE AMENDMENT - BOARD & COMMISSION APPOINTMENTS Recommendation: That the Council amend the Municipal Code ' to conform City practice to State law regarding appointments of boards and commissions. City Attorney noted that this (103) is a housekeeping measure, and brings the Code into conformance with State Law and current City practices. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.04 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO APPOINTMENTS TO BOARDS AND COMMISSIONS. It was moved by Doyle, seconded by Ortner, and unanimously carried, Maryanov absent, that further reading be waived, and the Ordinance be introduced for first reading. Council Minutes 7-27-83 Page 4 6. SPECIAL MUNICIPAL ELECTION - SPECIAL TAX/POLICE Recommendation: That the Council complete actions necessary to call Special Election to be consolidated with November 8, 1983 General Election, to place ordinance on the ballot, regarding special tax for police protection. City Attorney stated that in preparing to develop an impartial analysis, he observed that in narrowing the categories in the Ordinance, there was a lack of clarity as to what was meant by those categories, and recommended that the Council (14O) revise the categories to give additional definition as to residential , hotel , and commercial , specificallly, as follows: Residential (Including without limitation, single and multi-family condominiums, apartments and mobile homes. ) ; Hotels (Not including parcels in Class 1 . ) ; and Commercial (Including without limitation retail , wholesale, professional and other service, industrial and all other uses of improved parcels not within Class 1 or 2. ) . ; City Clerk read title of Ordinance 1188, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, LEVYING A SPECIAL TAX FOR POLICE PROTECTION, AUTHORIZING SURCHARGE THEREOF ON RENT-CONTROLLED PROPERTY, AND INCREASING THE CITY OF PALM SPRINGS' SPENDING LIMIT SET IN ACCORDANCE WITH ARTICLE XIII B OF THE CALIFORNIA CONSTI- TUTION BY THE AMOUNT OF THE PROCEEDS OF THE SPECIAL TAX. It was moved by Doyle, seconded by Ortner, and unanimously ' carried, Maryanov absent, that further reading be waived, and Ordinance 1188, as amended, be introduced for first reading. City Clerk recommended deferring other actions relative to the election until second reading and adoption of the Ordinance. CONSENT AGENDA: 7. Resolution 14671 approving second 12-month time extension for (13i') TTM 17293 for property on San Rafael , between Virginia Road and Indian Avenue - KWL/Vaco Developers, Inc. 8. Resolution 14672 approving second 12-month time extension for TTM 14899 for property located on the NE corner of Bogie Road ' (137) and Mesquite Avenue - ASL/Friedman Ventures. 9. Resolution 14673 approving second 12--month time extension for " TTM 16640 for property located on Ramon Road, between Warm Sands (137 ) Drive and Grenfall Road - KWL/D. Johnson. 10. Resolution 14674 approvinng TPM 19405 to combine property at the NW corner of Alejo Road and Cahuilla (Road - KWL/Jewish (11g) Community Center (PD 135). t 12. Resolution 14675 abandoning proceedings for A.D. 141 (Racquet Club Road) (56) 14. Resolution 14676 appointing three members to City's Deferred (110) Compensation Advisory Committee to fill current vacancies (Kanarr, Howard, and Norris). It was moved by Doyle, seconded by Ortner, and unanimously carried, Maryanov absent, that Resolutions 14671 through 14676 be adopted. Council Minutes 7-27-83 Page 5 13. PALM DRIVE Request by City of Desert Hot Springs to encourage the con- struction of a bridge on Palm Drive across the Whitewater (123) River. Councilman Doyle recommended that the Council adopt proposed resolution, with understanding that the City would decline participating in the cost of a feasibility study. Resolution 14677, encouraging construction of the bridge, was presented; after which, it was moved by Doyle, seconded by Ortner, and unanimously carried, Maryanov absent, that Resolution 14677 be adopted. 14. TRACT 17082-2 - FINAL MAP Resolution 14678, approving FTM 17082-2 for property on the NE corner of Calle E1 Segundo and Andreas Road, was presented; after which, it was moved by Doyle, seconded by Ortner, and (137) unanimously carried, Maryanov absent, that Resolution 14678 be adopted. 15. ALLOCATED POSITIONS & COMPENSATION PLAN AMENDMENT #1 - POLICE SALARIES Resolution 14679, approving amendment #1 to the above plan, by substituting salary schedule for salary ranges designed (61 ) "P" with new schedule effective July 17, 1983, was presented; after which, it was moved by Doyle, seconded by Foster, and y unanimously carried, Maryanov absent, that Resolution 14679 be adopted. 16. MUNICIPAL CODE AMENDMENT - NUDITY IN COMMERCIAL ACTIVITES City Attorney reported that during the past few weeks, there has been some discussion as to topless barber and manicure, (103) or barber and beauty shops opening for business in the City; that nudity is not a proper means of enticing people to the business, nor would it be in the image of Palm Springs. He stated he was not recommending addressing the subject of nudity, per se, but as an aspect of commercial business activity as a means of enticing people to businesses. He stated the proposed urgency ordinance does not deal with ' sunbathing or dancing. City Clerk read title of Ordinance 1189, as follows: AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROHIBITING NUDITY IN COMMERCIAL ACTIVITIES. It was moved by Doyle, seconded by Foster, and unanimously carried, Maryanov absent, that further reading be waived, and Ordinance 1189 be adopted as an urgency measure, ' REPORTS & REQUESTS: 17. DEPARTMENTAL REPORTS - Received & Ordered Filed a) Treasurer's Monthly - May, 1983 Council Minutes 7-27-83 Page 6 18. CITY COUNCIL reports or requests a) Councilwoman Ortner requested that presentations or commendations be framed or on a laminated plaque. b) DDAC: Councilman Doyle stated that, with the advent of the new survey areas, the thrust and tone of the Downtown Development Advisory Commission should be reviewed and perhaps changed; that its scope relates to more than (60) just downtown redevelopment; that there is a need to review and perhaps create a new charter and work activity for it, possibly change its name and take a second look at the membership. He suggested this matter be scheduled for study session in August or September. Councilwoman Ortner stated that she agreed, and the com- mission needed tools to carry out its charge. City Manager stated that the Council has total discretion in this matter. Mayor directed that it be a subject at the next study session. c) Councilman Foster requested that staff keep after con- tractors doing street patch work. City Manager noted fortfollhast�roughelpful to have locations.identified for 19. PUBLIC reports or requests - None 20. STAFF reports or requests - None ' ADJOURNMENT There being no further business, at 8:10 p.m. ,, Mayor declared the meeting adjourned. _ J ITH SUMICH City Clerk