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HomeMy WebLinkAbout11/2/1983 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES NOVEMBER 2, 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, November 2, 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. APPROVAL OF MINUTES: It was moved by Doyle, seconded by Foster, and unanimously carried, that the minutes of October 13 and 19, 1983, be approved, subject to correction of October 19 minutes to reflect that Bogert voted AYE with regard to motion detailed in Item 4. PUBLIC HEARINGS: 1 . FLOOD CONTROL DISTRICT BOUNDARY CHANGE Recommendation: That the Council conduct public hearing on proposed transfer of flood control responsibilities from Coachella Valley Water District to the Riverside County Flood Control & Water Conservation District, and, thereafter, direct staff to prepare appropriate resolutions for future Council action. Director of Community Development reviewed his report, dated November 2, 1983, noting the difficulty of attempting to implement a master plan of drainage in the City and deal ' with two separate Districts, and that as timing becomes more (88) critical , the RCFCD has no means to collect the money to install the improvements under the plan, nor the ability to make those improvements outside of the District boundaries. He stated that ballot measure in June, 1982, was approved by the voters to impose a benefit assessment for flood protection improvements. Mr. Zappi , of the RCFCD presented slides and exhibits showing how the benefit assessment was determined, noting the applic- able amount per acre by use of land, not zoning. 1 In answer to question by Council , Mr. Edwards, RCFCD, described a priority project in process in the vicinity of South and East Palm Canyon Drives. Mayor declared the hearing open. Evelyn Duke, 2808 Sunny View, spoke in opposition, on the basis that there is no flood problem in her area. In answer to question by Don Lawrence, City Attorney stated that the benefit assessment would not be a pass through under rent control , but if it effected the net operating income, it could serve as a basis for a hardship increase. In response to comment by H.G. Johnson, 571 Molina, Director ' of Community Development explained interim program and ultimate f development of flood plain maps and the applicability of Federal Flood Insurance programs; and stated that all areas of the Valley are included in one district or the other. ux Council Minutes 11-2-83 Page 2 1 . FLOOD CONTROL BOUNDARIES (Continued) In answer to questions by Carla Estes, 352 N. Glen Circle, Mr. Edwards stated that he was not aware of any special assess- ments imposed by the CVCWD, but that it does have sewer and water issues; and that the $24 per year, for average single- family lots, would be above taxes now paid. City Manager stated that it is clear that the CVCWD has not been, nor will be, interested in urban drainage protection , and the opposite is true for RCFCD; and that a. master plan for drainage has been adopted for the City, and there are priority projects to be constructed. Mr. Edwards displayed map showing the drainage improvements (88) needed in the area to be annexed, including Vista Chino line as a high priority, noting that none of these can be accomplished by the RCFCD because it cannot legally spend funds for improvements outside of its boundaries. In response to question by Anne Gore, 730 E. Vista Chino, Council stated that all residents within the Zone 6, are now paying the benefit assessment. Sally Sands, 567 Lugo Circle, spoke in opposition to the annexation, stating that the additional assessment will further hamper the ability to rent properties. In response to question by William Gietter, 2688 Calle Palo Fierro, Director of Community Development stated that Mr. Gietter did not pay drainage fees for project he installed in the subject area, and that the dry well he installed is to retain nuisance water on the property and not flood water, and the property would be subject to the benefit assessment. In response to question by Josephine Weinstock, 564 Lugo Circle, Mr. Edwards stated that the Board of Supervisors has placed a 10% lid on the amount of any annual increase, and that such percentage is not a catch-up limit. Bill Ford, owner of 1/4 acre on Chuperosa, spoke in support of the annexation, stating that he would be happy to pay the assessment if it will clear-up the "lake" at Sunrise and Vista Chino every time it rains. Culver Nichols, 899 N. Palm Canyon, spoke in favor, stating that he was a member of the committee which formed the dis- trict, and served as Zone 6 Commissioner for a number of years; and even though there are areas which may be favorably protected, he favored the change in order to have coordination of one district and implementation of the master plan. There being no further appearances, Mayor declared the hearing closed. Director of Community Development reported receipt of letters, copie of which are on file in the Office of the City Clerk, one in protest, and two from property owners representing 158 acres, in favor. It was moved by Doyle, seconded by Foster, and unanimously carried, that the staff be directed to prepare necessary documentation for Council action at the next meeting. �r 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 . Council Minutes 11-2-83 Page 3 PUBLIC HEARINGS (CONTINUED) 2. C.U.P. 5.0290 - ANGEL VIEW Recommendation: That the Council approve conditional use permit to allow use of building at 452 N. Indian Avenue for =� sale of new and used goods. Director of Community Development reviewed Planning Commission (78) recommendation, noting that the permit would be valid for five years, and that a series of interim improvements would be required, rather than full parking improvements, since the block is projected to be redeveloped in 3-5 years. In regard to question raised at study session, he stated that the applicant owns the property in fee, and noted the various • uses on and adjacent to the property. Dr. Helene Kalfuss, President of Angel View, stated that they do not receive or sell junk; that the manner by which . the property was acquired is not material to the use permit, however, the rentals from the existing tenants covers payment of the mortgage, and was the impetus for relocating from Amado Road; and that the thrift shop accounts for 35% of the foundation' s income, and she urged approval . Ken May, Angel View Director, stated that the plan is to operate the shop 3-5 years, and the long-term goal is to build a shop and warehouse in the Vista Chino-Airport area, and he considered the time frame to be consistent with City plans for redevelopment. ' There were no further appearances, and the Mayor declared the hearing closed. Councilman Doyle stated that he raised question at the study session as to appropriateness of this type use based on long-range plans for the downtown, i .e. , Indian Avenue; that plans are being developed for the beautification of Indian Avenue, and there is the possibility of hotels in the somewhat immediate vicinity; that he questioned granting a use in a zone where it is not usually allowed; that the Council policies developed over the past year focused on quality development, and although he was not suggesting that Angel View was not a quality organization, there have been criticisms that the downtown has not been made a more interesting place in which to shop; that of those policies, one related to attracting quality development, with downtown being the anchor; that Indian Avenue needs to be looked at as another Palm ' Canyon Drive and every project which comes along must be viewed in that light; that there is no question that Angel View is a worthwhile organization and he supports its endeavors, and there was misunderstanding as to what could or could not be done in terms of the use permit, and assurances by staff should not be read as meaning that the Planning Commission or City Council would grant approval , and there • ' may have been misunderstanding in that regard ; that he was not comfortable with a five-year program, and would support three years, with understanding that the permit would be reviewed by the Planning Commission at that time; and that he believed three years fits with eventual plans desired by Angel View, as noted by Mr. May. Councilman Foster stated that the Council ' s interest in knowing the status of acquisition of the site related to uncertainty as to whether the interest was short or long- term leasing, or ownership in fee. Council Minutes 11-2-83 Page 4 ' 2. C.U.P. 5.0290 (Continued) Councilman Maryanov stated that he agreed with Mr. Doyle, ,. and agreed that everyone has been supportive of Angel View, + but that it is not the issue, rather the issue is the future of Palm Springs, and he would not like the Council to be in a position three years from now of having to agree to (78) another five years, and then another five years after that; and that it should be clear that this use is considered as a short-term use at this location. He stated that he wants to retain Angel View in Palm Springs, but not at this location. Resolution 14763, approving conditional use permit, as recom- mended, was presented; after which, it was moved by Doyle, seconded by Maryanov, and unanimously carried, that Resolution 14763 be adopted, subject to amending Condition No. 7 to reflect that the approval shall be valid for three years, rather than five years as recommended by the Planning Commission. 3. C.U.P. 5.0293 - CANYON HOTEL (MILNER CORP) Recommendation: That the Council approve revised conditional use permit to allow use of Canyon Hotel tennis complex and convention center for other than hotel guests. It was moved by Doyle, seconded by Foster, and unanimously (78) ` carried, that this matter be continued to December 7, 1983, at request of applicant. PUBLIC COMMENTS: a) Christmas Decorations: Don Brown, Chamber of Commerce and Art Nigro, each commented on Christmas Decorations and the costs related thereto in order to refurbish the "bows" used last year and need for additional amount over that which was budgeted for 1983-84. Councilman Doyle stated that input he has received from (136) the community is that the bows are not acceptable and he is not sure he would be willing to spend the money. Councilman Maryanov stated that he would have a problem approving the money and then having to approve the design, in which case the City should do both; that he does not favor spending money on more bows ; that the commitment to fund something this year should be honored, but hope- fully not for bows. He stated the he would vote against additional funding, which would only result in spending money for more of the same which is not liked. Lyle Dambaus, 588 Mel , member of the Beautification Task " Force, explained the refurbishing program; noting that there are 75 bows. Don Lawrence stated that he questioned whether the City or merchants should be involved in the decorations, and suggested that the Council take the lead in assuring that something is done early in the year and not two weeks prior to the time in which the decorations are to be installed; and as a stop-gap measure, he favored ' spending some money for this year. Councilman Smith stated that this matter goes on year-after-year and a catalyst is needed, e.g. , the City, Chamber or CVB, or a mixture of those, to come up with a decorating design decision, which probably will result ' once it can be seen what the Town Center is doing. Council Minutes ' 11-2-83 Page 5 LEGISLATIVE ACTION: 4. PALM CANYON DRIVE - ON-STREET PARKING RESTRICTIONS ' Recommendation: That the Council approve revised parking restrictions on portion of North and South Palm Canyon Drive. Report reviewed by Director of Community Development, noting that the plan has resulted in 11 additional spaces. (105) Resolution 14764, approving the revisions as recommended, was presented; after which, it was moved by Doyle, seconded by Foster, and unanimously carried, that Resolution 14764 be adopted. 5. EL CIELO ROAD - LAND ACQUISITION ' Recommendation: That the Council authorize acquisition of property at the SE corner of E1 Cielo Road and Sunny Dunes, to provide ultimate street width for E1 Cielo Road. Report ' reviewed by Director of Community Development. (136) Resolution 14765, authorizing acquisition as recommended, ' was presented; after which, it was moved by Doyle, seconded by Maryanov, and unanimously carried, that Resolution 14765 be adopted. CONSENT AGENDA: 6. Resolution 14766 approving time extension in which to submit final development plans for P.D. 127 for construction of a (116) golf course on El Cielo Road, between Sonora and Ramon Roads, to April 6, 1985, to correspond to expiration date for TTM ' 18370. 7. Resolution 14767 approving 12-mo. time extension for TTM 18216 for property on the NW corner of E. Palm Canyion and Sagebrush - (137) Hacker/Ichi Assoc. 8. Resolution 14768 authorizing destruction of specified records on file in the Office of the City Clerk. (151 ) 9. Minute Order 3305 approving agreement with the School District relative to providing full-time police officer on the High (126) yl School campus during 1983-84 school year. 10. Minute Order 3306 awarding contract to Matich Corporation for resurfacing Ramon Road between Belardo and Bogie, in amount (136) `= of $486,094.41 . 11 . Resolution 14769 designating the easterly intersection of Andreas and Saturmino as stop intersection. (13) ) 12. Resolution 14770 amending Comprehensive Fee Schedule to increase ' fingerprinting and concealed weapon permit fees. (114) 13. Resolution 14771 eliminating the Central Corridor District Fund and transferring remaining balance to the General Fund. (86) 14. Resolutions (8) 14772 through 14779 relative to A.D. 143 pro- ceedings, including Resolution of Necessity and Resolution (56) of Intention, and setting hearing dates for January 18, 1984. 15. Resolution 14780 & 14781 approving Payroll Warrants and Claims & Demands. (86) Council Minutes 11-2-83 Page 6 , 16. Resolution 14782 concurring in CRA actions this date (Res. 166-168 and motion re legal counsel on land acquisition and (124) ` prejudgement possession. ) 17. Resolution 14783 amending budget to appropriate $8,500 to provide funds for printing and distribution of a gifts catalog. (61 ) 18. Minute Order 3307 ratifying emergency purchase of a police patrol unit from Marshall Motor Cars, in amount: of $11 ,024, (84) and waive formal bidding procedure. It was moved by Doyle, seconded by Smith, and unanimously carried, that Resolutions 14766 through 14781 , and 14783, and Minute Orders 3305 through 3307 be adopted ; and it was moved by Foster, seconded by Maryanov, and unanimously carried, Doyle abstaining, that Resolution 14782 be adopted. 19. CHRISTMAS DECORATIONS City Manager stated that the Council needed to determine policy whether to spend only that which is budgeted, that which is budgeted plus that which was not spent last year, or not to spend anything, in terms of Christmas decorations. Councilman Doyle stated that he agreed with Mr. Miller that (136) spending the money for the bows would be money wasted; that he favored the Council making a commitment to al decorations program next year with a time line starting in early February, and providing a financial commitment of $15,000 as seed money for the community to come up with the remainder needed to , decorate the community, considering business areas other than just downtown ; that if the issue is not addressed, the community will continue to coast along and end up as a "stepchild" in the Valley. Councilman Maryanov agreed, but questioned whether the specific amount needed to be set at this time; that he did not want to write-off decorations completely for this. year, and suggested that perhaps the Christmas Tree could be placed at the Village Green, with perhaps some other type of decora- tion, e.g. , a Santa Claus; and that he believed a program must be developed which involves the community and merchants. Councilman Smith stated that he agreed with not specifying the amounts at this time; did not favor additional funds at this time; and did favor allowing the expenditure of the funds budgeted for this year. His motion to amend the budget failed for lack of a second. It was moved by Doyle, seconded by Maryanov, and unanimously carried, that the Council commit to a joint effort with appropriate groups in the community for a Christmas Decorating Program for 1984, with commitment from the City that at some point in the near future it would provide seed money to get + the project started; and that there would be no funds this year. Councilman Smith stated that he favored the motj�on, but was ' not in favor of doing nothing this year. Councilman Maryanov stated that he hoped an alternate plan would be presented for use of the tree and perhaps something to compliment that at the Village Green. , Mayor requested Mr. Brown, Chamber Executive Director, to give a report to the Council on Mr. Maryanov's suggestion. r Council Minutes ` 11-2-83 Page 7 ` 20. CONVENTION CENTER DISTRICT MASTER DEVELOPER Recommendation: That the Council approve a cooperation agree- ment with SENCA & Doubletree, Inc. , as master developer for y the Convention Center District. Report highlighted by Economic Development & Housing Director, noting that formal agreement (139) is targeted for March, 1984. Bob Shelton, SENCA, identified the members of the development team, and expressed enthusiasm for proceeding with the agreement. Similar comments were expressed by Gary Chulpsky of Doubletree, Inc. Councilmembers Foster and Maryanov, members of the committee which interviewed the potential developers, each expressed similar enthusiasm, and indicated good impressions with SENCA and documentation presented as to ability and capability to proceed with the project. Minute Order 3308, approving the agreement as recommended, was presented; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that Minute Order 3308 ► be adopted. 21 . COMMISSION APPOINTMENTS Mayor announced appointments to boards/commissions, and moved approval of the following; after which, said motion was duly • seconded and adopted: P.S. Civic Center Authority - Ed Kass, 10-26-83 (72) P.S. Historic Site Preserv. Bd - Richard Milanovich, 6-30-86 (unexpired term of Solomon) CVB Board of Directors - Shirlee Damm, 6-30-86 (unexpired term of Robert Graham) REPORTS & REQUESTS: 22. CITY COUNCIL reports or requests - None 23. PUBLIC reports or requests - None 24. STAFF reports or requests - None -- ADJOURNMENT There being no further business at 10:40 p.m. , Mayor declared the meeting adjourned. i_� JUDITH SUMICH City Clerk