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HomeMy WebLinkAbout12/21/1983 - MINUTES r CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 21, 1983 r 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, December 21 , 1983, at 7:30 p.m. ROLL CALL: Present: Members Doyle, Foster, Maryanov, Smith and Mayor Bogert Absent: 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 Foster, seconded by Smith, and unanimously carried, that the minutes of December 7 & 13, 1983 be approved. PUBLIC HEARINGS: 1 . P.D. 153 - J. TEMPLE Recommendation: That the Council approve application for , l planned development district to construct an 18-hole golf course in conjunction with 600 unit, one and two-story condo- minium project on Ramon Road, between El Cielo and Sunrise; approve companion TTM 18370; and approve final development plans for Phase I and II, thereof. (116) Director of Community Development noted that this matter had been the subject of a 4-hour hearing at the Planning Commission I level , and was reviewed in detail at the last study session ; that questions were raised at the study session relative to golf course operations in terms of conventions, and stated that the condition regarding reservations implies that such reservations cannot be made in advance by more than two years, and could be less, and he suggested that additional ` . sub-paragraph D. be added to the Development Committee Housing and Economic Development Committee section, to read: c D. The City Council reserves the right to review and approve the rate schedule for convention hotel use of the golf course. The rate schedule shall be determined in negoti- ation with the golf course owner/operator and shall be competitive with similar facilities in the Coachella Valley. Mayor declared the hearing open. Chris Mills, 278-C North Palm Canyon, representing the -Y applicant, stated that considerable time has been spent with neighbors to the project area, and he believed apparent problems have been resolved; that location of the clubhouse still needs to be resolved, as well as the maintenance building; that the clubhouse can be moved further to the east, from where it is currently shown; that adequate screening and access, as worked out with staff, has been provided; that the parking lot will be sunken, and there will be a 50-ft setback from the property line to the first parking stall , and excess burming will be provided from 4-6 ft. in height; that main objection to the project came from one person who lives in Sunshine Villas and whose residence abuts the golf course, and in that regard the parking for the maintenance building will be on the golf course side, with the maintenance building in-between, and a retaining wall provided on the backside of the maintenance building; that only the roof of the structure wall be seen; • and that he has no objection to any of the items listed in the findings or recommendation of the Planning Commission. 41-3 Council Minutes 12-21-83 Page 2 1 . P.D. 153 (Continued) Bert Stems, golf professional , resident of Cameron Park, Highway 50, stated that the course was designed to take safety factors into consideration ; that moving the clubhouse from the south end to the north end would result in reducing the course from a 72 par to a 70 par golf course; that holes will be reversed and "slices" will be in the road (Farrell ). Ted Dettlaff, Sunshine Villas, spoke in behalf of the homeowners association, and stated that there were three board meetings, open to the public, at which all aspects of the project were discussed; that a meeting was held on December 10, at which all materials considered by the Planning Commission were displayed, after which, a unanimous vote of those who availed themselves of the information, including proxies, was cast in support of the project; that reversal of the maintenance building and its parking area was pledged by the developer CONTD at the December 10 meeting, to result in a buffer between (116) the parking area and the condominium units; that the owners who probably affected the most, did not avail themselves of the review offered by the association ; and that a person would ; have to stand on the roof of the nearest home to the golf course in order to view the maintenance building. Edward Kass, 1524 S. Calle Marcus, stated that he was a former president of the homeowners Association and was well aware of the time spent reviewing this project; that the maintenance building cannot be seen from the the site of the most affected unit; and that he has not heard any real objections to the project. Ted Levy, 2445 Casitas Way, suggested this matter be continued, and suggested modifying the ingress to the 236 units south of Mesquite. He stated that one driveway to the clubhouse and one opposite driveway to the units will create traffic congestion on Mesquite Avenue; that a 6 a.m. start time on the golf course will create noise pollution and Mr. Temple 1 indicated his willingness to move the clubhouse to the east to help reduce the noise, as well as two additional access points on Sonora and Compadre, which will reduce traffic congestion. Jerry Gatell , Sunrise East, supported comments by Mr. Levy, and expressed concern relative to increased traffic, and questioned the overall density ratio, stating his opinion that there would be 12 units per acre vs. 32-4, in surrounding condominium projects. Dixon Harwin, Casitas Way, stated that the golf course is -of major importance to the City, and impact on him is critical ; that a single ingress to the golf course (Cerritos) is absurd; that he understood developers willingness to move the clubhouse further to the east, and he supports idea of additional access to Phase IV units to dilute traffic congestion; and that he was advised by Mr. Temple that there would not be any building on the golf course side abutting the units in which he resides. r /r Council Minutes -41-1 12-21-83 Page 3 1 . P.D. 153 (Continued) In answer to question by Council , Planning Director stated that, including the street, there is a 250-300 ft. setback from the clubhouse to the nearest residence on the west side of Farrell ; and that overall density is 3.1 units per acre. CONTD (116) Mike Stein, 2497 Casitas Way, stated that the map attached to the hearing notice did not identify the location of the clubhouse, and reliance was made on the fact that prior approval of the course had been given, and it was assumed the clubhouse was to have been in the same location as it was shown on that approval ; and he questioned legality of changing that approval . M Arthur Stone, 2495 Casitas Way, stated that he favored the golf course, although he did not understand the variance in » the setback figures which have been given; that he was never made aware of the fact the clubhouse was located in a position other than in the previous approval ; and that the noise factor has not been taken into account. 1 Councilman Doyle stated that approval of one project in the past does not constitute automatic approval in the future; that the subject proposal is different; and that map in the hearing notice is to make people aware of the area under consideration, and to give notice of the opportunity to participate in discussion of it. Richard Fixa, 567 Sunshine Circle West, stated he had not criticism of the buildings; that 13 acres of site of the complex in which he resides was leased to the developer for tennis courts ; that he was concerned about two-story units overlooking his unit, and the Planning Commission stated that there would be one-story units adjacent to existing units; that he is opposed to the maintenance area and prefers it be relocated to the SE corner of the project, however, others have contacted him and indicated that by doing so, a small "mouse" would be placed in the middle of the preserve area; that all vehicles will pass behind the existing unit on Cerritos in order to enter the golf course, causing early morning noise for start-up and grass cutting; that original support for the golf course '! was that it was for a golf course only, and not for tennis courts adjacent to his unit; that he is concerned about night lighting for the tennis courts. In response to statement by Mr. Fixa, Mayor noted that the Council has received a letter from Kenneth Moran, in opposition ' ,- to the project. _ Ted Sauston, 2417 Casitas Way, requested consideration of - ' requirement for subdued public address system. There being no further appearances, the hearing was closed. ,~ In answer to question by Council , Mr. Mills stated that a single access point for Phase IV was felt to be the least impact on the neighborhood, but he would not object to - increasing the number of access points to even out traffic flow; that adjustment of lot line on Sunshine Villa "lease site will result in moving maintenance building south about 200 ft; that gradation is a minimum of 6 ft. , at which level the maintenance building would be positioned; that parking would face the golf course; that maintenance facilities will � . be used by employees only - approximately 16 people - and Cerritos will not be for golf course or condominium access, and abandonment of the portion of Cerritos south from that point will be requested; that there are two 2-story units west of Sunshine Villas, but they have no glazing facing north or northeast; that final development plans on Phase III can be adjusted to relocated one-story units to that area instead. Council Minutes 12-21-83 Page 4 ' 1 . P.D. 153 (Continued) He stated he had no objection to restudying 'the location of !, the maintenance building as well as the clubhouse. J Councilman Doyle stated that he favored the project previously proposed, and favors the project as it is currently proposed; CONTD that it has been thought through thoroughly; that density (116) trade-offs are appropriate; and he favored approval . Councilman Foster stated that he has misgivings about the additional ingress and egress. Director of Community Development stated that Mesquite is a 4-lane, secondary thoroughfare, and Compadre and Sonora `„ are 2-11ane, 60-ft. collector streets. Councilman Foster stated that Mesquite is a major street and is intended to carry the traffic, and he did not think it unreasonable that an additional 236 units should be added ; that Mesquite eventually will connect to El Cielo Road, and he did not think it fair to add two gates for, the homeowners to maintain; that he wished to make the golf course work as best it can; that he would like to see the wash area remain open, but believes the developer and designers have done an exceptional job in being sensitive to preserving the natural state of the area. As a result of discussion, Resolution 14814, approving actions as recommended, was presented; after which, it was moved by Doyle, seconded by Maryanov, and unanimously carried, Bogert abstaining, that Resolution 14814 be adopted, subject to revised Condition 19, and new Condition 25, as follows: 19. That the clubhouse and maintenance building locations be restudied with the developer to submit alternatives for their relocation. 25. Ingress and egress to Phase IV shall be re-evaluated by the Traffic Engineer, with recommendation to be submitted for approval by the City Council . r 2. A.A. 3.616 - J.M. PETERS Council requested it formally review application for architec- tural approval of a 240 unit condominium project at El Cielo Road and Ramon Road, which was approved by the Planning (111) Commission. Director of Community Development displayed render- ings, noting that slight revision has been made to color scheme, which was reviewed in detail at the last study session. Bob Tramp, applicant, requested approval of the modified plan. w Councilmen Doyle and Foster expressed reservations as to the aesthetics. Mr. Foster was not, however, opposed to approval of the modified scheme. It was moved by Smith, seconded by Maryanov, and carried by the following vote, that the modified color scheme, including canvas awning, be approved: AYES: Foster, Maryanov, Smith & Bogert NOES: Doyle ABSENT: None r � f t Council Minutes 12-21-83 Page 5 PUBLIC COMMENTS: a) Jeremy Crocker, 330 W. Arenas Road, read a prepared state- went relative to the Desert Fashion Plaza., urging the Council "to halt proceedings on multi-million bond issues, (124) until the developer produces evidence of commitment to the financial guarantees imposed by the contract by curing present default upon it. " LEGISLATIVE ACTION: 3. CORPORATION YARD ARCHITECTURAL CONTRACT AMENDMENT Recommendation: That the Council approve amendment #1 to Agr 1969 for architectural services in connection with the Corporation Yard, to increase cost estimate to $2,214,000. (117) Report reviewed by Director of Community Development; matter H reviewed in detail at last study session. Minute Order 3316, approving amendment, as recommended, was r presented; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, Doyle abstaining, that Minute Order 3316 be adopted. 4. COGENERATION EQUIPMENT BID AWARD Recommendation: That the Council award contracts for absorption chillers and engine generator sets for the Cogeneration Plants. (52) '•, Building & Safety Director reviewed his supplemental report of December 21 , 1983, and noted that representative of Waukesha made a presentation at the last study session, after which, City staff and the consultant met with him to work through that data, however, he still recommended the Caterpillar engine, and is satisfied with the consultant' s analysis and review of the long term costs. He stated that there may be a need in the long-term future for the additional steam which the Waukesha engine would produce, but the concern -is the need to upgrade the system to be installed, what to do with the r steam now, and the additional fuel cost to run the engine. L_ Minute Orders 3317 through 3320, awarding contracts to Johnson Industrial , in amount of $920,921 .64, for gas driven engine; to Carrier Southern California Company, in amount of $137,332, for absorption chillers; to RTE Corporation, in amount of $65,804.34, for substation transformers ; and to Westinghouse Electric Supply Co. , in amount of $113,258.88, for 12.47KV switchgear; respectively, were presented; after which, it was moved by Doyle, seconded by Foster, and unanimously carried, that Minute Orders 3317 through 3320 be adopted. 5. BRUSH FIRES IN MOUNTAINOUS AREAS Recommendation: That the Council appropriate $49,1122 to cover firefighting costs for May 26-28, 1983 Snow Creek Fire; and (61 & ,r establish limited resource allocation policy on future brush 114) fires in mountainous areas within the city limits. Report •.� reviewed by Fire Chief, who noted that future fire costs of CDF and USFS billed to the City may be higher than in the past. In response to inquiry by Fire Chief, it was the consensus of the Council that there should be no de-annexation of brush �., areas. Resolutions 14815 and 14816, amending the budget and establish- ing limited resource allocation policy, were presented; after which, it was moved by Doyle, seconded by Foster, and unani- mously carried, that Resolutions 14815 and 14816 be adopted. t�c Council Minutes 12-21-83 Page 6 6. MUNICIPAL CODE AMENDMENT - ADDRESS SIGNS FOR EXISTING BUILDINGS Recommendation: That the Council amend the Municipal Code to require that address sign requirements for new construction shall apply to existing buildings when alterations, additions or repairs require a permit, or when an application for a new certificate of occupancy. City Clerk read title of the Ordinance, as follows: (103) AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE APPLICATION AND SCOPE SECTION OF THE BUILDING SECURITY ORDINANCE. It was moved by Doyle, seconded by Foster, and unanimously carried, that further reading be waived and the Ordinance be introduced for first reading. 7. ORDINANCES FOR SECOND READING & ADOPTION (Intro. 12-7-83) City Clerk read title of Ordinance 1207, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9229.00 (CENTRAL BUSINESS DISTRICT ZONE) (103) OF THE ZONING ORDINANCE MAKING VARIOUS CHANGES AND ALTERA- TIONS TO THE USES PERMITTED, USES PERMITTED BY CONDITIONAL USE PERMIT AND USES PROHIBITED SUBSECTIONS, AND ADDING A NEW CATEGORY OF USES REQUIRING A LAND USE PERMIT INCLUDING A LIST OF SUCH USES. and title of Ordinance 1208, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING CHAPTER 2.36 OF THE PALM SPRINGS MUNICIPAL CODE, RELATIVE TO A MUSEUM. and title of Ordinance 1209, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING AND AMENDING SECTIONS OF THE ZONING ORDINANCE REGU- LATING THE DEVELOPMENT OF RECREATIONAL VEHICLE PARKS, i• CITYWIDE. It was moved by Foster, seconded by Doyle, and unanimously carried, that further readings be waived, and that Ordinances 1207, 1208 and 1209 be adopted. 8. RENT CONTROL ORDINANCE AMENDMENTS & CODIFICATION (Cont 12-7-83) City Attorney distributed revised pages to proposed ordinance to delete language to permit the Commission to adopt substantive rules ; and stated that question was raised whether the original (85) initiative ordinance extended rent control to prospective tenants, that there is language that supports both sides of the question ; and in his opinion, the better• interpretation is that it was intended to cover prospective tenants. He stated that page 4 of the proposed ordinance was also revised to reflect appropriate registration dates, and provided pages 1 and 3, which, if desired, would omit reference to prospective tenants. Councilman Maryanov stated that he does not favor rent control , but the voters have indicated they want it, and the Council should implement it to the fullest extent, and not extending the ordinance to prospective tenants, would not be implementing rent control . Councilman Foster suggested this be continued for further If discussion in study session; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that this matter be continued to January 4, 1984. 4e Council Minutes 12-21-83 Page 7 9. Resolution 14817 approving amendment Comp. Fee Schedule re Plan Checking Fee -For Energy Standards; and Minute Order 3 21 approving (112 & amendment #1 to agr with Energy Wise, to reduce service fees 114) and remove errors and omission insurance requirement (Agr #1865) 10. Minute Order 3322 awarding purchase and installation of traffic signal controller assembly to Econolite Corp. , in amount of (130) $11 ,800, and waiving competitive bidding. 11 . Minute Order 3323 approving purchase of non-reflective traffic markers through State Dept. General Services, in amount of (130) $10,134.87. 12. Minute Order, 3324 approving purchase of reflective markers through �^ State Dept. of General Services, in amount of $6,919.89. (130) 13. Minute Order 3325 approving , purchase of traffic marker epoxy through State Dept. of General Services, in amount of `i)9,352.59. (130) 14. Minute Order 3326 approving purchase of pavement marking film to Minnesota Mining & Mfg. Co. , in amount of $10,945.37, (136) 15. Resolution 14818 approving 12-month time extension for P.D. 140, ' property on Bogie Road, to correspond to companion Tract 13761 (116) - Selmar Lehmann & F.M. Brusseau. 16. Resolution 14819 amending the budget to appropriate $30,000 to install a waste water lift station at DeMuth Park restroom, snack (109) bar Facility. 17. Resolution 14820 accepting $30,000 grant from McCallum Desert (76 ) Foundation for specified local historic preservation endeavors. 18. Resolution 14821 amending the budget to appropriate $6,000 to cover expense of sending one officer to 2-month police dog training (61) school in Tuscaloosa, Alabama. 19. Minute Order 3327 approving letter agreement with Sentient Systems, in amount of $27,000, to provide training services to develop (113) an in-service training program for police department. " 20. Resolution 14822 approving third 12-month time extension for TTM 17110 for property on Chaparral Road, between Vista Chino (137) & Cottonwood Road, Hacker/S. Havens. 21 . Resolution 14823 approving TTM 19396 to divide property on the (137) NW corner of El Cielo and Ramon - Morse/J.M. Peters. 4 22. Resolution 14824 approving TTM 19447 to divide property on N. (137) Indian Avenue, east of Zanjero Road, west of Racquet Club Road Sanborn/E.Potter. L 23. Resolution 14825 granting easement for underground communication facilities to GTE, to serve DMV, necessary to clear area for (117) new Police Department. Y rT 1 i ♦ I , 1 Council Minutes 12-21-83 Page 8 24. Resolution 14826 amending budget to appropriate $1 ,700 for POST training program for POST board members and Community Services (61) staff. 25. Minute Order 3328 ratifying emergency purchase in amount not to exceed $6,000 to McKinney-BGW, Inc. , to repair fuel island (117) cover at Corporation Yard. 26. Resolution 14827 through 14830 approving Payroll Warrants & Claims (86) & Demands. 27. Resolution 14831 concurring in CRA actions this date. (124) It was moved by Doyle, seconded by Maryanov, and unanimously carried., that Resolutions 14817 through 14831 and Minute Orders 3321 through 3328 be adopted; Smith abstaining on Resolution 14817, and Doyle abstaining on Resolution 14831 . 28. A.D. 144 Resolutions 14832 through 14843, relative to Assessment District 144, consisting of street improvements in Camino Parocela, between Calle Ajo and Calle Palo Fierro, including setting hearing on Resolution of Intention for February 1 , 1984, were (56) presented; after which, it was moved by Smith, seconded by Foster, and unanimously carried, that Resolutions 14832 through 14843 be adopted. ` 29. TRACT 19603 - FINAL MAP Resolution 14844 approving FTM 19603 for property on the SE corner of South Palm Canyon Drive and Avenida Granada - (137) Hallmark/Southend Dev. , was presented; after which, it was moved by Doyle, seconded by Foster, and unanimously carrried, ' Maryanov abstaining, that Resolution 14844 be adopted. 30. MISS TEENAGE AMERICA PARADE Consideration of request by the Chamber of Commerce for parade permit and waiver of fees and costs, including insurance (64) requirement, in connection with desired Miss Teenage America Parade, January 14, 1984. ,r Councilman Doyle stated that this type of event is something which should be encouraged, and would endorse it, but would not favor waiving fees. He suggested that the Chamber incur costs and submit request to the City for reimbursement from Community Promotion funds, in an amount not to exceed $750. Mr. Brown, Chamber of Commerce, requested that parade route extend one block to end at Baristo. It was moved by Doyle, seconded by Maryanov, and unanimously carried, that the parade permit be approved, with parade termin- ating at Baristo Road; and that Resolution 14845, amending the budget to appropriate $750 be adopted. 31 . PA#3 & PA#4 - TAX INCREMENT PASS-THROUGH Resolution 14846 and 14847, approving City participation in tax increment pass through agreements with Riverside County (124) Flood Control District for South Palm Canyon and Ramon-Bogie Redevelopment Project areas, was presented; after which, it was moved by Doyle, seconded by Maryanov, and unanimously carried, that Resolutions 14846 and 14847 be adopted; Foster abstaining on Resolutionn 14847. r Council Minutes 12-21-83 Page 9 32. CITY MANAGER SALARY Mayor presented Resolution 14848, approving 5% salary increase for City Manager, effective January, 1984; afi;er which, it (71 ) was moved by Maryanov, seconded by Smith, and unanimously carried, that Resolution 14848 be adopted. 33. A.D. 143 - AREA F Recommendation: That the Council reject bids For Area F, A.D. 143, and order rebidding on same. Resolution 14849, rejecting bids and ordering readvertisement, (56) ► as recommended, was presented; after which, it was moved by v Doyle, seconded by Foster, and unanimously carried, that Resolu- tion 14849 be adopted. REPORTS & REQUESTS: 34. DEPARTMENTAL REPORTS - Received & Ordered Filed a) Treasurer' s Monthly - July-August, 1983 b) CVB - 1983-83 Annual 35. CITY COUNCIL reports or requests - None 36. PUBLIC reports or requests - None 37. STAFF reports or requests - None ENT 1ADJOURNMThere being no further business, at 10 p.m. , Mayor declared the meeting adjourned to Thursday, December 22, 1983, at 5 p.m. , Large Conference Room, City Hall . JUDITH SU� City Clerk i i