HomeMy WebLinkAbout3/7/1984 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
MARCH 7, 1984
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, March 7, 1984, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Foster, Maryanov, Smith
& Mayor Bogert
Absent: None
The meeting was opened with the salute to the Flag and a moment
of silence.
PRESENTATION OF COMMENDATIONS:
Mayor presented plaques in appreciation for community service
and leadership to the following:
DDAC Members: Deyna Hodges, Steve Platt, Paul Selzer, Ron (74)
Kubler and George Whitney.
Historic Site Board: Juliann Hector
Members unable to attend, and to whom plaques will be mailed:
DDAC Members Peter Bray and John Miller; Historic Site Member
Abby Solomon; and Personnel Board Member Herb Shallies.
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 .
PUBLIC HEARINGS:
1 . ZTA 5.0280 - P-ZONE ADDITIONAL USES UNDER CUP
Recommendation: That the Council approve Zoning Text amendment
to allow additional uses in the P-Zone under a Conditional
Use Permit.
Councilman Foster noted that the proposed change would not (103)
allow those P-zone uses allowed in R-2 zones to apply under
the same circumstances.
Mayor declared the hearing open; there being no appearances,
the hearing was closed.
City Clerk read title of Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING ORDINANCE TO ALLOW BANKS, HEALTH
CLUBS, AND RESTAURANTS IN THE "P" (PROFESSIONAL) ZONE
UNDER CONDITIONAL USE PERMIT.
It was moved by Smith, seconded by Maryanov, and unanimously
carried, that further reading be waived, and that the Ordinance
be introduced for first reading.
2. ROOM TAX INCREASE
City Manager stated that this matter has been before the
Council on several occasions and discussed in study sessions;
and he recommended adopting the increase from 7% to 9%, (140)
effective September 1 , 1984.
05
Council Minutes
3-7-84 Page 2
2. ROOM TAX INCREASE (Continued)
Mayor inquired if anyone wished to be heard; there were no
appearances.
City Clerk read title of Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADDING SECTION 3.24.035 TO THE PALM SPRINGS MUNICIPAL (140)
CODE IMPOSING AN ADDITIONAL TRANSIENT OCCUPANCY TAX OF
TWO PERCENT TO BE PAID INTO THE GENERAL FUND OF THE CITY.
It was moved by Foster, seconded by Smith, and unanimously
carried, that further reading be waived, and that the Ordinance
be introduced for first reading.
3. SIGN VARIANCE CASE 8.220 - THRIFTY DRUG
On February 15, 1984, Council continued consideration of
appeal by Warren Heath & Co. , representing Thrifty Drug,
366 S. Palm Canyon, from Planning Commission denial of applica-
tion for sign for south elevation.
Director of Community Development stated that when the building (131 )
was remodeled, the store was given the option of installing
a sign on the side facing the parking lot, or on Indian Avenue;
that since that time, the Crown Book store was added on the
Indian Avenue frontage, which removed the ability of Thrifty
to have its sign on the south side; that Thrifty has six
lineal feet of frontage on Indian Avenue, which would allow
a 1 ' x 6' sign; that the Sign Ordinance does not contain
provision to allow sign on the south face of the building;
and that the Planning Commission could not make the necessary
findings to provide for the approval of the variance.
In answer to question by Council , Director of Community
Development stated that Crown Book store is allowed to face
the parking lot, having been given the same option that Thrifty
had for the "either-or" relative to Indian Avenue signing.
Mayor inquired if anyone wished to be heard; there were no
appearances.
In answer to question by Council , City Attorney stated that
the Council may hear this matter, in view of applicant's
request for a continuance to this time; delay until later
in the meeting; or continue the hearing to a later date.
Note: This matter was continued until the end of the meeting;
at which time, inquiry was again made whether anyone wished
to be heard, and there were no appearances.
It was moved by Smith, seconded by Maryanov, and unanimously
carried, that the hearing be continued to March 21 , 1984.
4. GPA 5.0253
Recommendation: That the Council approve revised Master
Plan of Drainage, including the addition of retention basins
and new areas not covered in the 1967 plan; and eliminate
specific cost/benefit ratio provisions. (101 )
It was moved by Smith, seconded by Maryanov, and unanimously
carried, that this matter be continued to March 21 , 1984,
at request of Tribal Council .
Council Minutes
3-7-84 Page 3
5. CDBG FUNDS
Economic Development & Housing Director reported that this
was time for annual public input on how tr, use CDBG funds,
i .e. , estimated $215,000 Entitlement Funds and $82,000 Jobs
Bill , as well as eligibility to compete for Economic
Development Loan Program funds. He stater) that no action (85)
is needed at this time, and a second opportunity for public
input will be given on March 21 , 1984, at which time specific
recommendations will be made.
Mayor inquired if anyone wished to be heard.
Mark Moran, 54510 Ave. Rubio, La Quinta, submitted written
proposal to grant $100,000 toward a permarent home for the
Senior Center, on condition that if the Senior Center were
unable to come up with the remaining funds that would be
necessary, that the $100,000 would be returner.) to the City.
Don Brown, Chamber of Commerce, recommended that funds be
set aside for a loan program, coupled with direct subsidies,
for businesses to upgrade and generally refurbish properties
in the downtown area.
There were no further appearances.
5A. A.D. 143 - EMINENT DOMAIN
Director of Community Development recommended approving Resolu-
tion of Necessity to acquire certain property in connection
with right-of-way for Assessment District 143. He stated
there is one property to be acquired, and all negotiations
with the owner, thus far, have been unsuccessful . He stated
that the resistance related to the concrete driveway and (56)
disturbance to it, however, any repair would be made during
improvement of the district.
Resolution 14959, authorizing proceedings, as recommended,
was presented; after which, it was moved by Smith, seconded
by Maryanov, and unanimously carried, that Resolution 14959
be adopted.
PUBLIC COMMENTS:
a) Peter Shapiro, President of El Dorado Mobile Homeowners
Corporation, requested that the Council upgrade its Bingo
Ordinance to be in-line with organizations covered by
the State law relative to bingo. He stated that only
members play the games, and they are not open to the
public; and the prizes are $4-5.
City Attorney stated that the local ordinance is more
restrictive than State law and requires that an organiza-
tion be a 501 (c) organization; that it complies closely
with that which was originally enacted by the State;
that the State legislation was later amended to recognize
other organizations which should be covered.
It was the consensus of the Council that the City Attorney
determine changes which could be made, and submit those
for Council consideration.
b) Barney Miller, 982 Marion Way, suggested that CDBG funds
be used for holiday decorations.
Council Minutes
3-7-84 Page 4
LEGISLATIVE ACTION:
6. DE-ANNEXATION - 567 ACRES, SECTION 5, PALM HILLS
Consideration of request by Warren Coble to de-annex acreage
in a portion of Section 5, Palm Hills.
Director of Community Development reported that the request
for detachment has been reduced to approximately 242 acres,
primarily in the E'2 of the Section; that a field trip was
taken by the Council ; that the area was annexed to the City
as part of the Palm Hills annexation in 1970; that a request
for a change of zone to R-1-B was approved for approximately 8 acres, in 1978; �and that in 1981 , a request for subdivision (54)
approval and de-annexation was denied'T that the potential
for providing City services is a problem, in that the property
faces the slope toward Cathedral City, and City services
would have to travel through Cathedral City to reach the
property; that the site cannot be seen from Palm Springs;
that Mr. Coble desires to have the property annexed by
Cathedral City; that the proposal to develop is in conflict
with the Palm Hills General Plan. �'fda Ps.7.4 me-)
Mr. Coble stated that the upper 200+ acres was deeded back
to Mike Dunn, and would remain part of Palm Hills and within
the jurisdiction of Palm Springs; that the site is remote
and cannot be directly accessed from Palm Springs for service;
that trial police and fire "runs" showed the response time
would be too slow; that City Manager of Cathedral City has
indicated desire to have the property in Cathedral City,
and for control over it; that he is not in a position to
dedicate the land to P.O.S.T and believed Mr. Dunn was in
the process of giving it as open land (Eagle Canyon area) ;
and that Dunn Road crosses the property 2500-3000 ft. above
the point of cut-off being discussed.
Councilman Foster stated that much of the terrain is steep
and should not be developed; that a great percentage of the
Palm Hills area cannot be seen from Palm Springs, but the
intent was to preserve the area in a natural state; and that
the portion which cannot be developed should be dedicated
for open space, particularly to prevent the mountainside
from being defaced for a isolated residence.
Councilman Smith stated that he favors the de-annexation,
with dedication of development rights or open space for those
areas which cannot be developed, recognizing that the site
impacts Cathedral City more than Palm Springs, and Palm Springs
cannot readily provide services. He stated that as long
as Mr. Coble is willing to accomplish the dedication, he
would support de-annexation.
It was moved by Smith, seconded by Foster, and unanimously
carried, that the Staff prepare action necessary for Council
to adopt, which will lead to the de-annexation of this
property, subject to assurances, in whatever form is legally
appropriate, that the portion of the 240 acres which is
undevelopable will remain open space.
CONSENT AGENDA:
7. Resolution 14960 approving TTM 15827 to combine property on (137)
East Palm Canyon between Seven Lakes Drive and Cherokee Way,
Hallmark/Palm Canyon Assoc.
Council Minutes
3-7-84 Page 5
8. Resolution 14961 approving TPM 16478 to divide property between
Palm Canyon and Indian Avenue, north of Tachevah Drive, Ervin/So. (119)
Calif S&L.
9. Resolution 14962 approving TTM 19651 to divide property on
Amado Road between Calle E1 Segundo and Calle Alvarado, Kaptur/ (12:7)
Watt Industries.
10. Minute Orders 3355 and 3356 authorizing So. Calif. Edison to
relocate electrical service line in connection with Police (1117)
building construction ; and DWA to relocate water main in connec-
tion with City Hall expansion.
11 . Resolutions 14963, 14964, 14965 and 14966 approving Payroll (86)
Warrants and Claims & Demands.
12. Minute Order 3357 approving agreement with the City of Desert
Hot Springs, in amount of $3,437, for RSVP continued operation (73)
for 7-month period.
13. Minute Order 3358 awarding bid for painting of City buildings,
on an hourly basis as needed, to George J. Calafat in amount (117)
of $26.94 per hour.
14. Minute Order 3359 approving an increase of $4,807 to informal
bid awarded to Coachella Valley Pump & Supply for testing well (109)
in DeMuth Park.
15. Minute Order 3360 approving emergency expenditure in amount
of $5,310 for repair work completed by Kyser Construction Co. , (92)
in the flood control channel at the Municipal Golf Course.
16. Minute Order 3361 rescinding Minute Order 3279, which awarded
purchase of asphalt emulsion to Burris Oil & Chemical , and (136)
award bid of same to Koch Asphalt Co. , in amount of $167.52
per ton for the balance of the contract.
17. Resolution 14967 amending the budget to appropriate $34,735
to cover cost of purchase and installation of bleachers at (61 )
the Equestrian Center; and motion to ratify expenditures made
in connection with said installation.
18. Resolution 14968 loaning $100,000 to the Redevelopment Agency
to purchase option to acquire property at the SW corner of (124)
Tahquitz-McCallum and Cahuilla (PA#5),
It was moved by Maryanov, seconded by Foster, and unanimously
carried, that Resolutions 14960 through 14968 and Minute Orders
3355 through 3361 be adopted.
19. FTM 14740
Resolution 14969, approving Final Tract Map 14740 for property
on the south side of Escoba, at E1 Cielo Road„ for condominiums (137)
- Billington/Rescue Intl , was presented; after which, it
was moved by Smith, seconded by Foster, and unanimously
carried, that Resolution 14969 be adopted.
20. SUNLINE JPA
City Manager recommended approving First Amendment -to the
JPA for Sun Line, to add the cities of Cathedral City and (143 )
La Quinta; after which, Resolution 14970, approving amendment,
was presented; after which, it was moved by Foser, seconded
by Maryanov, and unanimously carried, that Resolution 14970
be adopted.
Council Minutes
3-7-84 Page 6
21 . CONVENTION CENTER SITE
City Manager reported that at the last study session, Council
drew names to resolve who would vote on matter relative to
a Convention Center in Section 14, and the draw was: Foster,
Smith and Maryanov; that the Mayor has no conflict of interest; (139)
and that for all matters relative to the facility, Mr. Maryanov
would abstain unless either Mr. Foster or Mr. Smith were
absent. He stated the procedure is as recommended by the
FPPC, and is not based on degree of conflict.
Resolution 14971 , approving revised project site (Section
14) and letter of understanding for the convention/cultural
center, dated March 6, 1984, relative to design and economic
assumptions, was presented; after which, it was moved by
Foster, seconded by Smith, and unanimously carried, Maryanov
abstaining, that Resolution 14971 be adopted.
REPORTS & REQUESTS:
22. CITY COUNCIL reports or requests
a) It was moved by Bogert, seconded by Smith, and unanimously
carried, that the following appointments be approved:
PA6-Project Advisory Committee: Ted Holmquist (Res.
tenant occupant) ; Mike Helm (Res. owner-occupant) ; (124)
Jim Stuart (Res. rental property owner) ; Katrina
Heinrich and Sheila Cluff (Bus. property owner) ;
and Michael Boyer and Steve Kaufer (Bus. owner) ;
and
P.S. Project Steering Committee: Art Leichtfuss,
Denya Hodges, and Tuck Broich. ( )
b) Discussion relative to BLM attitude regarding wind energy
and what it is allowing along the ridgelines and hilltops;
concerns expressed by staff and councilmembers; and sugges-
tion to contact congressman to help resolve issue.
23. PUBLIC reports or requests - None, other than as follows:
a) Councilman Foster stated that Mr. Untermeyer has come
up with a number of designs, the latest of which represents
all of the City, and he favored approving it as the
official flag for Palm Springs; after which, motion by (117)
Foster, seconded by Maryanov, was unanimously carried,
that the "Untermeyer" flag be approved as the official
flag for Palm Springs.
()E�c
Council Minutes
3-7-84 Page 7
24. STAFF reports or requests
a) Director of Community Development stated that about one
year ago a project was discovered in the Windy Point
area as a proposal to increase water allocation, as a
joint project between DWA and CVCWD; that it was recently
inadvertently discovered that the project was expanded
to provide percolation ponds over thousands of acres, (88)
including extending into the northerly portion of .Section
34 in the City; that nothing was received in the way
of additional documentation or ability to input; that
it was not known if precautions were taken regarding
environmental concerns, e.g. , prime habitat area for
the fringe-toed lizard, blow sand if not enough water
in ponds, handling water in event of break in dikes;
that the issue is scheduled for review by the Planning
Commission on March 14, with some assistance being provided
to help City staff work through the documentation to
answer its questions, however, BLM has given a deadline
for response of March 21 (20 days response period) , and
the Council was being asked to request a continuance
at least until March 23, which is two days after it meets
on March 21 .
City Manager suggested that perhaps 1-2 members of the
Council and Planning Commission may wish to meet with
staff in reviewing the documentation.
No formal action taken.
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to Wednesday, March 14, 1984, at, 6 p.m. , in the
Large Conference Room, City Hall .
JUDITH SUMICH
City Clerk