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HomeMy WebLinkAbout10/19/1983 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES OCTOBER 19, 1983 A Regular Meeting of the City Council of the City of Palm Springs, was called to order by Mayor Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, Palm Springs, on Wednesday, October 19, 1983, at 7:30 p.m. ROLL CALL: Present: Councilmembers Doyle, Foster, Maryanov, Smith and 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 Coucil and business resumed, as follows. APPROVAL OF MINUTES: It was moved by Doyle, seconded by Foster, and unanimously carried, that the minutes of October 5 & 6, 1983, be approved. PUBLIC HEARINGS: 1 . CASE 5.0252(Misc) - REDEVELOPMENT PROJECT AREAS No action to be taken on public hearing notice published relative to public comments on EIRs for five proposed redevelopment areas, and redevelopment plans for two specified ' areas. Each proposed redevelopment area will be noticed for separate hearings. See Item 3 as an example. PUBLIC COMMENTS: a) CVB Items 4 & 5: ' Henry Dally, Visitor & Promotion Task Force convenor, stated that he has been a member of the task force since 1982, and a member of the sub-commitee which made the recommendations to the Council ; and noted his support of those recommendations. Art Nigro, representing the task force, highlighted (50) the recommendations which had been considered by the task force, including those which were not accepted and forwarded to the Council , and the reasons which the task force believed substantiated those recommendations, noted briefly as follows: 1 . 2 additional people were hired for temporary relief; recommended that be permanent; need more personnel because competitors have more, and it is needed in order to compete with down-valley. ' 2. 35% of room tax should be guaranteed for CVB; recommendation was dismissed too quickly; CVB had 70% at one time, and now has 30%. 3. By-laws should be amended to promote visitor services inside and outside the City; believed to be most logical resource, with most dollars and ability to do so; will foster and increase communications with the Chamber. G� Council Minutes 10-19-83 Page 2 PUBLIC COMMENTS (Continued) 4. CVB should hold quarterly meetings - which it is now doing; will increase communication. 5. Members should be appointed for 4-year terms, without ability for consecutive reappointment. y 6. Board membership should be increased from seven to nine members; compared other cvb sizes, which ranged from 9-25 members; Booz, Allen & Hamilton study in 1966 recommended seven or nine, Council selected seven at that time; nine will increase communication, help generate creative ideas, and assist in community involvement goal ; currently do not have retailer, banker, attorney, CPA, mid-sized hotel representation, airline representation ; have heard reasons why should not increase and do not feel those are valid, e.g. , CVB is doing a good job; last report showed a 2% increase over the last year, where down-valley, the increase was in double-digits ; two additional people would only help the level of service; do not believe survey of prior CVB board members was totally unbiased, and not surprised by response; that Chamber of Commerce letter to the Mayor was written without prior consultation with other members of the Chamber (50) Board, and was later ratified by a 10-8 or 10-9 vote, with several abstentions ; and that; the hotel committee, in early 1983, recommended that the board be increased. John Stiles, President of the CVB Beard, stated that the Council has received the CVB response to the Task Force recommendations, and noted that the CVB does promote in town events, to the degree that visitor services and promotion last year accounted for $45,000 of the budget; that lead time is necessary to make the publicity effort needed to promote events ; that the CVB has working relationship with the Chamber to promote events to both visitors in and out of town; that the CVB is not in the business of creating events, but: rather that is a function of the Chamber; and he believed the CVB could promote those events without a change in the bylaws. He stated that the survey included membership bureaus and not tax supported convention bureaus; that the Council is in the process of establishing a seven-member economic development commission; that the Council believed, in 1966, that seven members would work even though a board of nine members had been recommended; and that he believed a broad representation was desired, and a seven-member board has functioned well over the years and there should be a continuance of that number. Harold Williamson, 690 Sierra Way, former CVB president and board member, stated that during his tenure with the CVB, it withstood considerable scrutiny; that representatives from other countries make reference to the CVB's ability; that a larger membership does not necessarily mean a better board; that the issue has caused hard feelings by people in the community; that there are more significant issues which need to be addressed, e.g. , custom service at the airport, or increased number of hotels ; and suggested that the focus be community and economic development. :1 ) Council Minutes 10-19-83 Page 3 LEGISLATIVE ACTION: 2. TTM 18087-REVISED On September 21 , 1983, Council continued consideration of TTM 18087 for property on Bogert Trail , east of Palm Canyon Drive, for single-family lots. Director of Community Development noted that the property owner was given an opportunity at the study session to discuss (137) the merits of the tract. He displayed maps showing the chronology of the maps submitted, including that which is sumitted for approval . He stated that concern was expressed by the Council regarding eleven lots on the east side of the wash, north of the Bogert Trail Bridge; that the Subdivision Map Act provides that the Council may approve, conditionally approve, or deny the tentative tract map ; that approval could be as recommended by the Planning Commission, or as deemed appropriate by the Council ; that denial would require making certain findings; and that if the Council desires to retain the mountainside as the edge of the wash, it should indicate how it would like to see that handled. In response to question from Council , Director of Community Development read from the Map Act, the findings needed to be made in the event of denial , including that the map is inconsistent with applicable General or Specific Plans, site is physically not suitable for the type or development or proposed density, substantial environmental damage will result, there will be a conflict with required public ' improvements, and health problems would result; that the map as proposed would require a dike from the property to the Dunphy property of 3-400 feet, which when coupled with the Dunphy improvement up to the Bridge footings, would complete the levee on the south side. Councilman Foster stated that he did not believe it would be arbitrary to exclude Phase II (11 lots, levee and road on top of the levee;) that he recognized it could mean a lot of money to the developer, but it would mean much more to the community not to have it developed in that manner which will set a trend for what will happen to the remainder of the wash to the north and east to Araby, as well as from the Dunphy property to the Palm Canyon Bench ; that before channelizing is allowed and the area becomes a strip of concrete, he would like to see everything done to stop that and to retain the washes in the open ; that he believed such - action would comply with the General Plan and provide environmental protection of wildlife, preserve horsetrails, and aesthetics ; and from a practical point, he did not see that such a trend should be started. Regarding the eleven lots, he stated that it open space is appropriate, then he would suggest that designation; that lots 38 & 39 on the map would still be served by the road coming off Bogert Trail . It was moved by Foster, seconded by Doyle, and unanimously carried, that Resolution 14744, approving Tentative Tract Map 18087-R, subject to the deletion of Phase II , and the levee and road on top of it, that the edge of the mountain serve as the natural boundary for the wash, and that colors and materials for any new dikes to the north and west appear as close to natural conditions as possible. t Council Minutes 10-19-83 Page 4 3. PA#3 & 4 - S. PALM CANYON & RAMON-BOGIE REDEVELOPMENT PROJECTS It is recommended that the Council receive Redevelopment Agency Reports to the Council , proposed redevelopment plans, (124) and final EIRs for the above two redevelopment project areas, and set November 23, 1983, as date for joint public hearing thereon. Report highlighted by Redevelopment Director (See also CRA minutes this date) Resolution 14745 and 14746, approving actions as recommended, were presented; after which, it was moved by Smith, seconded by Foster and moved by Smith, seconded by Maryanov, respectively, that Resolutions 14745 and 14746 be adopted ; Foster abstaining on Resolution 14746 (Ramon-Bogie) . 4. CUB - BOARD MEMBERSHIP Task Force recommendation, to increase board membership from seven to nine, was continued from October 6, 1983. Councilman Doyle stated he has been witness to rancor and opinions chastising the character of others as to the recommendation of the task force; that he is comfortable with a seven-member board, although there needs to be a (50} response to the issue of better representation from the community; that he was originally satisfied with the makeup of the board, and believed it has worked well over the past 16-17 years; that he believed the CVB staff has been very effective; that he believed it to be a valid concern by people who are newer to the community, as to issue of better representation, i .e. , there are a number of disciplines in the community that could make the Board stronger than ' what it is today; that he did not find it innocuous to suggest that nine members will cause the demise of the Board, but perhaps would increase communications and address tourist ' needs of the city; that down-valley competition is not a threat, but a cause, and "business as usual " can not be said and is not good enough; that different ways to approach the promotion of the tourist industry will have to be found; that he proposed the nine-member board be tried for a three year period, with the change effective July 1 , 1984, and include a sunset clause, unless other provided by Council . He moved for introduction and first reading of the proposed ordinance, subject to the effective date of July 1 , 1984, ' and the sunset clause caveat; said motion was seconded by Foster. Councilman Maryanov stated that of the recommendations, many were considered and other rejected by the Task Force, all of which had an impact on the way the CVB and Council ` function; that even though some were rejected, they were worthwhile, and the community has moved forward; that he favors more community input, but did not believe It necessary to go from seven to nine members to achieve that;, that there needs to be a Board receptive to the community input, and he believed the task force recommendations have made the Board aware that it is part of the community and the community should be part of its consciousness; that surveys of other bureaus have been done, and if a convention center comes about, the entire situation will change, however, that is in the future; that the Council has experimented with a nine member board for several years, and has changed that back to a seven member board, since it was found to be more wieldy; that he believed the emphasis that the CVB must be responsive to the community and allow response and input from the entire community is of greatest value. r Council Minutes 10-19-83 Page 5 4. CVB BOARD MEMBERSHIP (Continued) Councilman Doyle stated that the reduction in membership size for the Community Services Commission came from the Commission itself, which formed when the commissions on youth, aging, etc. were abolished ; that to heal the community, he believed the proposed ordinance, with suggested amendment, would address the division and the hard feelings which have evolved; that the issue needs to be put to rest, and he did not think it would happen unless the Council was willing to experiment with a nine-member board; that he perceived the issue would become a political issue and a 1984 election (50) issue; and that it should be defused as much as possible, and the sunset clause would enable determination whether it will work. Councilman Smith stated that the issue is deeper than seven or nine members ; tht the task force process resulted in participation and involvement that had not existed prior to the task forces ; that out of that has come a polarization of hard feelings; that if a board or commission and staff are doing a good job, there should be good reason why to change that; that he could not fault the CVB staff or board; that he did not see reasons to go from seven to nine; except perhaps that there are other cities with higher numbers, which did not serve as a big influence to him; and that most boards or commissions are five or seven members, and he could not support the motion. Councilman Maryanov stated that the task force, as with the Council , has the interest of the community and means ' well in its work, however, conscience must be voted and he was hopeful this would not become a political issue, as might be the case if the Council did not make all commissions responsive and open to the community; and the issue, today, is the filling of the current vacancy on the board and to get a broad spectrum of the community. Councilman Foster stated that he seconded the motion in order to have the views expressed by Council ; that he believed this to be an emotional issue and one which has festered over the past year, and a board is only as effective as the people who are appointed ; that if a board or staff is not effective, adding two more people will not change that, other than the first two appointments perhaps changing the representation somewhat; and that the board and staff have been effective over the ' last years, and that should not be tampered with because of a "might be more effective" , which he did not think would be the case. Mayor stated that he favored the increase; that he did not see any harm would be brought to the CVB as a result of that; that the CVB staff is capable of working with a nine member board as it does with a seven-member board; that he has served on eleven and fifteen member boards with no problem; and that boards and commissions cannot be compared ' with councils. The above motion by Doyle, seconded by Foster, failed to carry by the following vote: AYE: Doyle NOES: Foster, Maryanov, Smith & Bogert ABSENT: None Council Minutes 10-19-83 Page 6 5. CVB - PROMOTIONAL EFFORTS Task Force recommendation continued from October 6, 1983. Councilman Doyle stated that he supported the resolution, with exception that the word "sole" be deleted from the 4th WHEREAS clause referring to bureau discretion. (50) Councilman Maryanov stated that it should be noted that the Council is appreciative of the time spent by the task force, and he believed the recommendation to be well worthwhile and supportable, and that the CVB is now doing this. Resolution 14747, that the CVB will promote local activities and attractions for visitors after they arrive in Palm Springs, while continuing its primary responsibility of attracting visitors, was presented; after which, it was moved by Doyle, seconded by Foster, and unanimously carried, that Resolution 14747 be adopted. 6. ORDINANCES FOR SECOND READING & ADOPTION Bigelow Zone Change: Councilman Foster stated that he believed the property should have consideration, and a use compatible with the shopping center, but he felt a C-1 use in the middle of residential uses is not the proper solution and would prefer some other zone or other process, perhaps that which the Planning Commission recommended, i .e. , Planned Development District. Mayor stated that he agreed, but did not see how in fairness anything other than C-1 could be given; and that with the POD, the property would be in limbo and not saleable. In answer to question by Council , Director of Community Development stated that although 'there is a single-family dwelling on the site, the property is currently zoned R-G-A-6, which would allow a greater density; he commented on the background leading up to this point; and that since Racquet Club Road is not a major thoroughfare, R-2 zone, would not permit professional use. Councilman Doyle stated that he might agree (philosophically, however, because of the issue of equity, he believed the applicant would have nothing, without the zoning ; and that it was not intended to take land without providing some relief. Councilman Maryanov expressed agreement with Mr. Doyle, noting that this is a unique situation which needs redressing. City Clerk read title of Ordinance 1200, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY REZONING CERTAIN PROPERTY (149) IN SECTION 3. and Ordinance 1201 , as follows: AN ORDINANCE OF THE CITY OF PALM SPRINIGS, CALIFORNIA, AMENDING MUNICIPAL CODE TO REPEAL DOWNTOWN DEVELOPMENT ADVISORY COMMISSION AND TO ESTABLISH AN ECONOMIC (60) DEVELOPMENT COMMISSION. Council Minutes (` 10-19-83 Page 7 6. ORDINANCES (Continued) It was moved by Doyle, seconded by Maryanov, and unanimously carried that further reading be waived ; and it was moved by Doyle, seconded by Maryanov, and carried by the following vote, that Ordinance 1200 be adopted: AYES: Doyle, Maryanov, Smith & Bogert NOES: Foster ABSENT: None It was moved by Doyle, seconded by Maryanov, and unanimously carried, that further reading be waived, and that Ordinance 1201 be adopted. 7. TRACT 19603 - SEWERS Consideration of request by Morton Sabath for relief from sewer hookup and reimbursement policy adopted April , 1981 , relative to the above tract, located on the SE corner of Avenida Granada and So. Palm Canyon. Director of Community Development reported that in accordance (137) " with policy established in 1981 , the first developer in an undeveloped area is required to install the sewer main to be served by the area ; that the appellant has indicated " that the policy causes a financial hardship on smaller projects, in this case, a line costing $225,000; and that staff recommendation is to grant an exemption to the policy ' for the particular line required to be installed, that the City install the line, and that a surcharge apply against future development to recover the cost thereof, including ' payment by the subject appellant. He also recommended that funds be appropriated at this time, in order to proceed with design work. He noted that Item 10 on the Consent Calendar relative to the Tentative Map for the Tract, has been revised to impose the condition of payment of the surcharge, and the understandings of the exemption, and that Mr. Sabath is agreeable to the changed condition No. 4, including the installation he is required to make across his property, in addition to the surcharge of $100 per unit. Councilman Maryanov indicated he would abstain from discussion and voting. r Resolutions 14748, 14749 and 14750, granting exemption and authorizing design and surcharge, amending the budget to (61 & appropriate $226,000, and approving the tentative map, 114) r respectively, were presented; after which, it was moved by Doyle, seconded by Smith, and unanimously carried, that Resolutions 14748 through 14750 be adopted. �r 8. FRINGE-TOED LIZARD + Recommendation: That the Council support CVAG policy relative to the Fringe-Toed Lizard habitat. Resolution 14751 , supporting CVAG policy, was presented ; (123) after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that Resolution 14751 be adopted. ,}hU •I Council Minutes 10-19-83 Page 8 9. LIBRARY CENTER - ENTRANCE RELOCATION ARCHITECT ' Recommendation: That the Council approve agreement with Patrick E. Sheehy, A. I.A. , for services in connection with A the new main entrance for the Library Center„ in an amount (99) not to exceed $13,280. Minute Order 3303, approving agreement as recommended, was presented; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that, Minute Order -� 3303 be adopted. CONSENT AGENDA: 10. Resolution 14750 approving TTM 19603 for property on South (137) , Palm Canyon Drive, between Avenida Granada and Sierra Madre - Hallmark/M. Sabath. 11 . Resolution 14752 approving TTM 19441 for property on E. Palm (137) Canyon Drive at Golf Club Drive - Hacker/Ronson Investments, y Inc. 12. Resolution 14753 modifying conditions of Tract 16759, requiring (137) architectural approval of individual homes, for property on Bogert Trail , east of South Palm Canyon Drive - P. Tynberg. 13. Resolution 14754 declaring intent to vacate portions of Andreas Road and Belardo Road, in connection with Desert Fashion Plaza (145) Expansion, and set hearing for November 16, 1983. . . 14. Resolution 14755 declaring intent to vacate portion of Cortez Road, in connection with shopping center complex at Racquet (145),, Club Road and N. Palm Canyon (Westar) and s,et hearing for ' November 16, 1983. 15. Resolution 14756 authorizing City Manager and designated City (114) , Officials to sign documents on behalf of the City., and rescinding ` Res. 13604. 16. Resolution 14757 establishing policies and procedures relative (86) to budget adoption, adjustments, amendments, and transfer of , funds ; and repealing Res. 11460. 17. Resolution 14758 and 14759 approving Payroll Warrants and Claims (86) & Demands. ,f 18. Resolution 14760 approving TTM 17430 (Revised) for property on the NE corner of Avenida Caballeros and Amado Road - (137) Hallmark/Investors Real Estate, Inc. It was moved by Foster, seconded by Maryanov, and unanimously carried, that Resolutions 14752 through 14760 be adopted ; Doyle abstaining on Resolution 14754 (Note: See Item 7 for Resolution 14750. ) r. 19. O' DONNELL GOLF COURSE AGREEMENT AMENDMENTS Recommendation: That the Council extend the term of the lease on the 50-ft parcel along Alejo Road (Deed #47 - Agr (92) 826) to terminate simultaneously with the original lease (Deed 30 - Agr 208) to expire October 31 , 2043, in return for the release from the master lease (Agr 208) of a 75-ft triangular parcel on the SE corner of the golf course. Exchange being made to facilitate relocation of a portion of Belardo Road and its extension to Museum Drive along the southern boundary of the golf course. Resolution 14761 , approving the amendments (3) as recommended, was presented ; after which, it was moved by Maryanov, seconded by Smith, and unanimously carried, Doyle & Foster abstaining, that Resolution 14761 be adopted. Council Minutes 10-19-83 Page 9 20. HIGH SCHOOL CARNIVAL - WAIVER OF FEES Recommendation: That the Council waive all Business License fees and approve issuance of a permit to Christiansen Amusements Corporation, 5695 North Sycamore Avenue, Rialto, to operate a carnival on the grounds of the Palm Springs High School on November 10-13, 1983; percentage of proceeds (64) to be given to the Student Body Association. I'r In response to question by Council , Director of Community Development stated that there would be no problem with wheels on the grass areas, and this subject is not part of the joint use agreement with the School District. Minute Order 3304, waiving fees as recommended, was presented; after which, it was moved by Doyle, seconded by Maryanov, - and unanimously carried, that Minute Order 3304 be adopted. REPORTS & REQUESTS: 21 . CITY COUNCIL reports or requests a) Councilman Doyle stated that a large portion of the Cathedral City area receives the benefit of a Palm Springs address, as a result of zip code numbering. He suggested that letter be sent from the Mayor to the Postmaster requesting that the zip be changed so that a Palm Springs' zip is Palm Springs and vice-versa regarding Cathedral City. Council concurred, and Mayor will follow-through. 22. PUBLIC reports or requests ' a) Barbara Foster, 603 La Mirada, expressed opinions relative to the Convention Bureau-Task Force relationship, and reasons why she believed the conflict arose. b) Don Lawrence, Steering Committee, stated that "convention & visitor" and "visitor promotion" were issues raised ' at the three town hall meetings, as #1 issues; that CVB issue related to lack of communication between the CVB and the public and he did not think it would go away, and will be a political issue in 1984; and that r he will do everything he can to get back to the job of uniting with the Chamber and moving forward. > Mayor stated that he has been very happy with the P.S. Project, and the work that has come out of that; and that he was hopeful that the Chamber and the CVB can N work together and there will be no more rancor. Councilman Maryanov stated that the vote should not be seen as the Council not wanting to push the need for the CVB to remain open with the Community, but rather the opposite; and the Task Force has been heard. r Council Minutes ; 10-19-83 Page 10 23. STAFF reports or requests a) 1983-84 Budget Items Deferred. City Manager' s report re: revenue changes from 1983-84 adopted budget. City Manager stated tKat if the Council wished to continue discussion, that they be deferred to the 1984-84 budget processs. Councilman Doyle suggested that the Mayor, or Mayor (61 ) pro tem, should make presentation at meeting to be held in San Diego, November 10, relative to local government long-term financing, i .e. , to address the impact of the flightiness of the Legislature on cities and the potential future impact, unless something is done to help the revenue picture of cities. Councilman Smith stated that the Council had discussions , with the Planning Commission and AAC as to the appearance of the town and the enforcement of codes; that there are two new property maintenance type ordinances, and two task forces addressing enforcement issues, i .e. , signs and beautification; that these are serious matters, and should nol: be simply discussed year after year; and that he was hopeful this would not be dormant for another budget session, but that the Council would give consideration sooner. Consensus: This matter to be subject of discussion at first study session when more time is available. COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned to reconvene as the Community Redevelopment Agency; after which, , it was moved by Doyle, seconded by Smith, and unanimously carried, that the meeting adjourn to Thursday, October 20, 1983, at 7:30 p.m. , in the Council Chamber. ; ADJOURNMENT Upon reconvening as the City Council , there being no further , business at 9:30 p.m. , Mayor declared the meeting adjourned. JUDITH SUMICII City Clerk y l M k. V