HomeMy WebLinkAbout10/6/1983 - MINUTES 04
CITY OF PALM SPRINGS
CITY COUNCIL KINUTES
OCTOBER 6, 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 Thursday, October 6, 1983, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Doyle, Foster, Maryanov, Smith
& Mayor Bogert
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 .
APPROVAL OF MINUTES:
It was moved by Doyle, seconded by Smith, and unanimously
carried, that the minutes of September 21 , 1983 be approved.
PUBLIC HEARINGS:
1 . P.D. 147 - DEBARTOLO/DESERT FASHION PLAZA
Recommendation: That the Council certify completion of the
final EIR for the Desert Fashion Plaza expansion.
Planning Director reported that the basic recommendation
of the Planning Commission is to certify completion of the (116)
EIR. He stated that plans for the expansion include the
major department store (Saks) , hotel , underground parking,
adding retail uses, upgrading of existing retail complex,
and the closure of Andreas Road, and were reviewed by the
Commission to determine the scope of the environmental
assessment necessary to adequately identify the impacts
probable as a result of the proposed project. He reviewed
his report, dated October 6, 1983.
In response to question by Council , Planning Director stated
that the City staff is satisfied that the EIR was prepared
in conformance with CEQA and is adequate.
Mayor declared the hearing opened. "
Tammie Smith, BCL Associates, EIR Consultant for the City,
stated that the project does not conform with normal zoning
regarding parking and building setbacks, however, it can
be approved under a planned development district; that
appearance of the project site will be changed, e.g. , 6-story
hotel , removal of existing buildings, alteration of views
from streets approaching the project - Amado Road and Palm
Canyon Drive; that there will be some shadows on Amado and
slightly on Belardo and Palm Canyon Drive; that studies are
being done regarding historic sites and recommendation will
be made in the EIR pending outcome of that study; that
archaeological studies are being made, there could be some ,
trenching ahead of time, and, as a minimum, an archaeologist
should be present at all times during the beginning of
construction; that additional traffic trips should not raise
the level of service beyond "C" ; that closing of Andreas
Road was studied, and there was no significant traffic increase
as a result of that; that the Andreas study was done by the
developer's engineer and BCL's engineer, and no real adverse
impacts from that closing; that there will be some
inconvenience during construction; that utilitylines will
Council Minutes
10-6-83 Page 2
1 . P.D. 147 (Continued)
be relocated; that there will be a substantial amount of
excavation and the developer will have to find a site for
that; that construction workers will have to find places
to park; that efforts will be made to keep existing facilities
open during construction, and there may be problems in
delivering utilities for them; and that fencing around the
entire site is recommended.
In response to question by Council , Ms. Smith stated that (lib)
the area is so rich in archaeological resources that the
presence of an archaeologist is warranted, and she believed
the Tribal Council and State Historic Preservation Office
agreed with that conclusion.
Councilman Doyle stated that he would abstain on this matter,
and excused himself from the Chamber.
Mayor declared the hearing open.
Gerald Phadem, attorney representing the Bunker Trust, stated
that CEQA requires an adequate EIR, and that there must be
full disclosure of all environmental impacts and that
disclosure be adequate to serve the needs of the Council ,
technicians who will be looking at it, and be in a form that
can be understood and appreciated by the general population;
that he believed the latter instance marked the foremost
deficiency of the subject EIR, and totally fails to present
environmental consequences; that there is said to be increase
' of X number of automobiles and a shortage of parking spaces
and inadequate flood protection, but the consequences of
such are absent or missing; that the EIR does not say what
is meant by the increased traffic - either 650 per day or
8,600 per day - in terms of impacts on other businesses on
Palm Cah, on Drive, or others who may want to pass through
Palm Springs via Palm Canyon Drive, of 'the accidents that
will result because of overloading the street; that regarding
parking, the hotel will not have one-half of that needed
in traffic studies, and the consequences of that are not
included in the EIR; that regarding air quality, there will
be a gridlock on Palm Canyon during peak' periods and those
automobiles will create more pollution and degrade the air
quality, and the EIR does not give a full disclosure of what
that will mean in terms of extra days of smog alerts or impact
on the health of the elderly or the ill who make up a
significant part of this community; that regarding flood
protection, the report is subject to admitted shortcomings,
in that it assumes that rainfall patterns will continue as
in the past, however, there is inadequate history of rainfall
In this area, and there are no records prior to the turn
of the century, and records which do exist will show that
prior to 1976, there were only two times when hurricanes
reached the Coachella Valley, and they were of catastrophic
proportion; but since 1976, there has hardly been one year
without a hurricane and in some years, there have been two
hurricanes, and it is not known if the weather pattern is
changing; that an additional shortcoming of the EIR regarding
flooding is that drainage facilities must handle a 10 year
storm; that Hurricane Kathleen, in 1976, was described as
a 1000 year storm and hit Palm Desert; that the EIR indicates
that the streets will carry what a 10-year storm drain will
not carry, and he submitted that was not true; that payment
of fees will allow protection against a 10-year storm rather
than a 100-year storm, and he questioned what would happen
to the cars in the subterranean parking structure if there
is a 100-year or 1000-year storm, and the consequences of
4O
Council Minutes
10-6-83 Page 3
1 . P.D. 147 (Continued)
that are absent in the EIR. He stated that the document
does not begin to describe the impact of other areas, e.g. ,
closing of Andreas Road and problems during construction,
and what those mean to the environment; that the document
falls short of being the full EIR that it is supposed to
be or what the public should be able to understand; that
if the Council wants to proceed, an EIR will have to be done
that makes full disclosure called for under CEQA.
There being no further appearances, the hearing was closed.
In answer to question by Council , Planning Director stated (116)
that the document was sent to all stated and regulatory
agencies and a fairly full dispersal to people interested
in the project, as well as the Tribal Council and downtown
merchants; that Mr. Phadem's comment as to readability was
the first received; that he believed the document to be
adequate; that the issues of flooding are fully described;
that master plan of drainage adopted by the Council , and
is the design criteria ; that a 10-year storm contains 60%
of the expected flow of a 100-year storm, and that is designed
to be carried underground, and the remaining 40% carried
by the streets; that the Riverside County Flood Control
District has indicated that there has not been a 100-year
storm here since 1938; and that he did not believe it practical
to attempt to plan for extreme changes in meteorological
,patterns, or other extreme changes; that two traffic studies ,
were done - one independently by the City, and one by CalTrans,
and both were brought together to develop mitigation that
traffic will flow at "C" level of volumes„ there will be
some waiting, but not intolerable; that the specifics mentioned
by Mr. Phadem were brought up, and there was opportunity
for input and response; that level "C" is a consequence of
the traffic increase and is described as such in the report
as to what that means to the average motorist; that the
collection of drainage fees is no different for downtown,
in that a fee per acre is collected to install the system,
or actual installation can be accomplished - is at discretion
of City Engineer; that the 100 year storm is what is designed
and the 10-year is what is contained underground, with
'remainder carried within right-of-way, and does not go on
private property and all projects are handled by the same
criteria.
Resolution 14726, certifying the completion of the final
EIR, was presented; after which, it was imoved by Smith,
seconded by Foster, and unanimously carried, Doyle abstained, `
that Resolution 14726 be adopted.
2. P.D. 149 - ST. THERESA CHURCH MASTER PLAN
Recommendation: That the Council approve updated master
plan and plans for multi-purpose room and gymnasium for the
St. Theresa Church complex on Ramon Road at Compadre Road.
Planning Director reviewed his report, dated October 6, 1983,. '
noting that there was no opposition expressed at the Planning (116)
Commission hearing; and that regarding phasing and temporary
buildings, the phasing would be a result of final development
plan process and specific condition could, be imposed as to
time period for removal of the structures to be replaced.
,�Lk
F Council Minutes
' 10-6-83 Page 4
2. P.D. 149 (Continued)
Mayor declared the hearing open.
Joe Soneji , engineer, spoke on behalf of the church, commented
on Development Committee requirements, stating thatt the parcels
were created prior to the City' s subdivision ordinance, which
makes them legal parcels, and that properties on Compadre
are either connected to the sewer or front on streets which
have access to the sewer, therefore, the sewer line should
not be required.
J. Dameron, architect, requested that the street work be (116)
completed in three years from the date of the permit, because
of lack of funds to do the work at this time; z)nd that the
engineer has requested waiver of the sewer requirement in
Compadre Road, because all improvements facing that street
are connected and there is no need for the sewer; that the
extended schedule is requested to do the wort;, including
sewers.
In answer to question by Council , Planning Director stated
that issues addressed can be reconsidered before final
development plans are approved.
Mayor declared the hearing closed.
Councilman Foster requested that consequences of a deferral
of improvements be examined, and options be provided to the
Council for review.
Councilman Doyle stated that he believed a demolii-ion schedule
y would be proper and should be spelled out in the final
development plans, and that the Council consider deferral
of the street improvements, which should also be addressed
in final development plans.
Resolution 14727, approving P.D. 149, as recommended, was
presented; after which, it was moved by Doyle, seconded by
Foster, and unanimously carried, that Resolution 14727 be
adopted, with those items noted to be considered in final
development plan process.
3. P.D. 148 - E. KAUFER (LAS HADAS BLDG PARKING)
Recommendation: That the Council approve planned development
district, including final site and landscape plan, to allow
off-site parking lot to serve existing office complex on
west side of Indian Avenue - site of P.D. NE comer of Indian
and Mel Avenue.
(116)
Planning Director reviewed his report, dated October 6, 1983,
noting that the staff has worked with the property owner
in order to address inadequate parking space problem as a
result of leasing part of the complex for medical offices.
He stated that the proposed parking lot would increase parking
to allow 40% of the site to be used for medical purposes,
however, in recommendeding approval , the Planning Commission
was concerned about the real need for the parking based on
statistics From the applicant which showed that code required
parking may be in excess and the number of spaces currently
on the site may be an adequate number, and recommended
deferring construction until studies can be made to determine
parking needs for medical offices. He stated that improvements
would be required at this time for Indian Avenue, and
documentation executed to preclude sale of the property during
the two-year deferral period.
l �U
r+
Council Minutes
10-6-83 Page 5
3. P.D. 148 (Continued)
Mayor declared the hearing open; there being no appearances,
the hearing was closed.
Resolution 14728, approving P.D. 148, as recommended, was
presented; after which, it was moved by Doyle, seconded by 0 16)
Foster, and unanimously carried, Maryanov abstaining, that
Resolution 14728 be adopted. ,
PUBLIC COMMENTS:
a) Braille Institute: (See Item 4)
Richard Fixa, 569 Palm Circle, representing the Braille
Institute, stated that the existing facilities have been
outgrown and the Institute would like to expand, to add
six classrooms, a cafeteria, and sensory aid center,
at an estimated $850,000; that approaches have been made
to move the facility down-valley, however, their interest
is in remaining at the present location; and that the
Board of the Institute will not proceed with any expansion,
without a 25-30 year lease.
Anne Livingston, Director of the Institute, noted that V
a 30-year lease has not been refused by the Community
Services Commission, and the Institute is desirous of (117)
knowing if the Council would entertain long term lease
and expansion of the facility; that the Institute reaches
about 10% of the blind population and expansion will ,
result in this being the third largest sensory aid center
in the United States.
Cheryl Malden, Assosiate Director, stated that services
are offered to a large number of people in the community '
who are not blind, e.g. , visual aid testing, student
aids, enlarged dials, free counseling for people losing
their sight, etc. , and that the Institute serves about
a 50 mile radius.
Helen Rose, Advisory Committee for the Institute, and '
Bill McCuen, resident, spoke in support of the expansion
and retaining the services in Palm Springs.
b) Don Brown, Chamber of Commerce, requested that prior
to final action on establishment of an Economic Development
Commission, the Chamber' s Board and Economic Development (60)
Committee provide their opinions.
c) John Kappmeyer, 3506 E1 Gaucho, stated that he was advised
that residents in the area would be notified when final
plans were presented for approval in connection with
C.U.P. Case 5.027 (Coble-Hampton, ) and that the property
has been graded.
Planning Director stated that final plans have not come
back, and would not come back to the Council , since the
project was approved under a conditional use permit,
but that he would check the status of the project and
why grading has taken place.
` Council Minutes
10-6-83 Page 6
LEGISLATIVE ACTION:
4. BRAILLE INSTITUTE LEASE - EXTENSION DENIAL
Recommendation: That the Council deny request by the Braille
Institute for the sale of city-owned property at Sunrise
Way and Ramon Road, or the extension of its lease for a term
f ' of 99 years.Director of Community Services stated that the Commission's (117)
action was based on the request for the 99-year extension
or purchase; that the Commission is looking at future needs
in terms of recreation, cultural and human services, including
services for the blind; and that any interest in a 30-year
lease should be reviewed by the Commission.
Councilman Doyle stated that further consideratiion should
be given before any action is taken by the Council , less
it be perceived that the Council has closed the door on the
subject; and this matter should be referred to the staff
to determine what is available, perhaps on other parcels,
and for a shorter period of time, exploring all alternatives
and looking at 25-30 year lease.
r Councilman Smith stated that something should be worked out
to meet all needs, believe understanding was at the time
of the original lease, that the site was to have been vacant.
Councilman Foster stated that other groups which lease city
property will be before the Council again, and those should
be examined at the same time; and that he did not foresee
. ' the City using much of the site for professional uses in
the future
City Manager stated that the preferred basis for lease of
any city land is market value; that there are other sites
with a market values less than this site; that if the issue
is to write down or subsidize the cost of land, then there
are other worthwhile groups who might make the same request;
that in referring this matter, he strongly recommends against
• adopting a policy that the city write down land for
organizations that are not the direct responsibility of the
city; and that the protection of the city as a whole needs
to be looked at.
In answer to question by Council , Mr. Fixa stated that the
site was selected because of the ability to maneuver in and
out of automobiles within a protected area and. not directly
from the street.
It was moved by Doyle, seconded by Foster, and unanimously
carried, that this matter be referred to staff to explore
alternatives available, including long-term leasing.
5. ECONOMIC DEVELOPMENT COMMISSION
Recommendation: That the Council amend the Municipal Code
to repeal the DDAC and establish an Economic Development
Commission.
Economic Development & Housing Director reviewed details (60)
of his report, dated October 6, 1983, noting that the
Commission would replace the existing Downtown Development
Advisory Commission, and provide a proactive approach to
encouraging specific development. He noted additional section
to the proposed ordinance, which would provide a sunset date
of June 30, 1986 for the commission.
E,
Council , Minutes
10-6-83 Page 7
5. ECONOMIC DEVELOPMENT COMMISSION (Continued)
City Attorney stated that if an urgency ordinance is desired,
specific language as to the urgency would need to be addressed.
Councilman Doyle stated that he supported the concept and (60)
moving ahead with it; that he did not see the need for an
urgency ordinance; that the DDAC could serve as a sounding
board for any matters occurring between now and the appointment
of the commission; that he was hopeful the Mayor would gather
knowledgeable people to talk about what can be done, the
best oranizational approach, the disciplines that might be
needed, and perhaps the names of those with talents that
will be needed; and permit Chamber of Commerce reaction and
input.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRIINGS, CALIFORNIA,
AMENDING MUNICIPAL CODE TO REPEAL DOWNTOWN DEVELOPMENT
ADVISORY COMMISSION AND TO ESTABLISH AN ECONOMIC
DEVELOPMENT COMMISSION.
It was moved by Doyle, seconded by Maryanov, and unanimously
carried, that further reading be waived, and that the Ordinance
be introduced for first reading.
6. ALLOCATED POSITIONS & COMPENSATION PLAN AMENDMENT - BUILDING
INSPECTORS
Recommendation: That the Council amend the Allocated Positions
& Compensation Plan to add two building inspector positions.
Report reviewed by Building & Safety Director.
Resolution 14729, amending the plan as recommended, was (61 )
presented; after which, it was moved by Foster, seconded
by Smith, and unanimously carried, that Resolution 14729
be adopted.
7. CVB BOARD OF DIRECTORS MEMBERSHIP and
.8. CVB PROMOTIONAL EFFORTS
Consideration of Task Force recommendations continued from
September 21 , 1983.
It was moved by Doyle, seconded by Foster, and unanimously
carried, that these matters be continued, for the last time,
to October 19, 1983. (50) `
9. ORDINANCES FOR SECOND READING & ADOPTION (Intro. 9- 21-83)
Ordinance relating to Bigelow Zone Change. Per City Attorney
request at study session, it was moved by Smith, seconded
by Foster, and unanimously carried, that this matter be ,
continued to October 19, 1983, to permit finalizing of zoning
contract documentation.
City Clerk read title of the following:
Ord 1196 re land use permit process, ZTA;and (ln)
Ord 1197 re recycling collection centers, ZTA;; and
o'l 1I.L
Council Minutes
10-6-83 Page 8
9. ORDINANCES FOR SECOND READING (Continued)
Ord 1198 re applicability of Room Tax to RV spaces; and (140)
Ord 1199 reducing membership of Community Services Commission (60)
from 9 to 7.
It was moved by Doyle, seconded by Foster, and unanimously
carried, that further readings be waived, and that Ordinances
1196 through 1199 be adopted.
CONSENT AGENDA:
10. Resolution ,14730 rescinding Res. 11292, as amended, and adopting (110)
new Deferred Compensation Plan.
11 . Minute Order 3298 granting additional 60-day extension of lease (117)
With P.S. Senior Center for site at the Frances Stevens Park
(expires 11-30-83).
12. Resolution 14731 supporting approval of TTM 18879 by the County,
subject to project meeting all City development standards - (123)
project located adjacent to City Limits east of South Palm Canyon
and south of Acanto Way.
13. Resolution 14732 approving FPM 18280 to combine property on
Indian Avenue, north of Vista Chino - KWL/Robert Lemley. (119)
14. Resolution 14733 and Resolution 14733A approving FTM 14009-3
and 14009-4 for property on Amado Road, east of Avenida Caballeros (137)
- KWL/Casa Verde Assoc.
15. Resolution 14734 approving FTM 15643 for property on the NW (137)
corner of Beverly Drive and Escoba Drive - Ervin/Sheldon Appel
Co.
16. Resolution 14735 approving third 12-mo. time extension for TTM (137)
15493 for property east of S. Palm Canyon, south of Bogert Trail
- D.H.White/B. Raehn (formerly DPD Dev. , Inc. ).
17. Resolution 14736 approving TPM 18352-Revised to divide property (119)
on Crossley Road - Webb/R. Ellis.
18. Resolution 14737 granting water line easement to ,DWA for service
to Tract 17642-2 (AFCOM/Fredricks) , city-owned property. (85)
19. Minute Order 3299 approving Letter Amendment #3 to Golden West
Building Managment (AGR #1518) to add the Police Training Center, (117)
the J.C. Frey Building, and the Desert Highland facilities,
for custodial services beginning October 1 , 1983 through June
30, 1984.
20. Resolution 14738 amending the budget to appropriate $12,895
to provide funds for water treatment program for all City cooling (61 )
towers and closed hot water systems.
Council Minutes
10-6-83 Page 9
21 . Minute Order 3300 awarding purchase of 4 cab & chassis trucks
to Mac Magruder Chevrolet, in amount of $43,503.64. (84) „
22. Resolution 14739 concurring in CRA actions this date. (124)
23. Resolutions 14740 and 14741 approving Payroll Warrants & Claims (86)
& Demands.
24. Motion calling public hearing on November 2, 1983, at 7:30 p.m.
to consider transfer of flood control responsibilities, with (88)
respect to certain properties in the City, from Coachella Valley
Water District to Zone 6, Riverside County Flood Control & Water
Conservation District.
It was moved by Doyle, seconded by Smith, and unanimously carried,
that Resolutions 14730 through 14741 and Minute Orders 3298
ad p gion3of mowdopnegi[)oy214e abstaining on Resolution 14739.; includes -
25. MUNICIPAL GOLF COURSE - EMERGENCY PURCHASE
Recommendation: That the Council ratify emergency expenditure
in the amount of $9,000 to repair flood damage at the golf
course.
Minute Order 3301 , ratifying expenditure, as recommended, (92)
was presented ;- after which, it was moved by Foster, seconded
by Doyle, and unanimously carried, that Minute Order 3301
be adopted.
26. COPY MACHINE
Recommendation: That the Council waive requirement for formal �.
bid procedure and approve purchase of a Canon NP 400 APS
copy machine in amount of $7,999.82.
Minute Order 3302, approving the purchase, as recommended, (84) ,
was presented; after which, it was moved by Doyle, seconded
by Foster, and unanimously carried„ that Minute Order 3302
be adopted.
27. FPM 19257
Recommendation: That the Council approve FPM 19257 for
property on Stevens Road, west of Via Monte Vista - KWL/M.
Haber.
Resolution 14742 approving the map as recommended, was (119)
presented; after which, it was moved by Smith, seconded by
Foster, and unanimously carried, that Resolution 14742 be
adopted.
28. COMMISSION APPOINTMENTS
It was moved by Bogert, seconded by Doyle, and unanimously
carried, that the Desert Hospital District reappointment
of Robert Schlesinger to the Desert Hospital' Authority for
term ending 1-1-87 be confirmed. (60) -
r
Council Minutes
10-6-83 Page 10
REPORTS & REQUESTS:
29. CITY COUNCIL reports or requests - None
30. PUBLIC reports or requests - None
31 . STAFF reports or requests
a) For Filing: Planning Commission determination that the
CIP is consistent with the General Plan.
ADJOURNMENT
There being no further business at 9:30 p.m. , Mayor declared
the meeting adjourned to Thursday, October 13, 1983, at 7:30 p.m.
L�JUDITH SUMICH
City Clerk