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HomeMy WebLinkAbout4/4/1984 - MINUTES !tS CITY OF PALM SPRINGS CITY COUNCIL MINUTES APRIL 4, 1984 A Regular Meeting of the City Council was called to order by Mayor Bogert, in the Council Chamber, 3200 Tahquitz-McCaliuiii Way, on Wednes- day, April 4, 1984, at 7:30 p.m. ROLL CALL: Present: Councilmembers 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; and upon reconvening, business resumed. APPROVAL OF MINUTES: It was moved by Foster, seconded by Maryanov, and unanimously carried, that the Minutes of March 14, 21 & 27, 1984, be approved. PUBLIC HEARINGS: 1 . SIGN VARIANCE 8.220 - THRIFTY APPEAL On March 21 , 1984, Council continued consideration of appeal from denial of Sign Variance relative to Thrifty Drug Store, in the 300 Block of South Palm Canyon Drive/Indian Avenue, at request of Heath & Co. , representing applicant. (131 ) Director of Community Development stated that when the building was remodeled in 1975, overall sign program resulted in Thrifty's having one sign facing Palm Canyon and one sign facing its south parking lot in-lieu of a sign facing Indian Avenue; that Crown Books was added at the corner of the build- ing facing Indian Avenue, leaving a 6-8 ft frontage on Indian Avenue for Thrifty, and effectively eliminating the ability to retain the sign on the south face of the building, except for a 6 sq. ft. sign; that representatives from the Sign Co. felt 6 sq. ft. was not large enough and filed application for the variance, which was denied by the Planning Commission because it could not make the necessary findings to support the variance, although it was in sympathy with the general situation. Mayor declared the hearing open. Arthur London, representing Thrifty, stated that a long wall for the store faces the one-way street pattern for northbound traffic and there is no identification to cause a person to have a reason for making a turn into the parking lot, other than identifying Crown Books and Big 5 receiving area; that there is nothing to establish from Indian Avenue that there is a drug store at the site, which is a public purpose; that the Ramon Drug has a sign facing its parking lot; that, in terms of aesthetics, if a sign facing the south parking lot was acceptable before Crown Books was added, it should still be acceptable today; that they have reduced the size of the sign from 56 sq. ft. , as proposed to the Planning Commission, to a 3' x 8' sign ; that he believed the site was unique in its character in terms of the building extending between the two streets, without back to back stores, and sandwiched between two one-way streets, therefore a special privilege would not be granted; and that he did not believe the Sign Ordinance provides for a situation where the parking lot for the project in effect creates a corner. Council Minutes 4-4-84 Page 2 1 . SIGN VARIANCE 8.220 (Continued) Mr. Butler, Heath & Co. , displayed the proposed sign, stating that it would be the same rust colors as the existing signs. In answer to question by Council , Director of Community Devel- opment stated that the size of the sign is based on frontage that a business has on a right-of-way. Councilman Smith stated that a 6 sq. ft. sign would be allowed, and perhaps the Planning Commission believed 50 sq. ft. was too much; that he supported something larger than 6 sq. ft. , (131 ) and smaller than 50 sq. ft. , based on fact that "a sign" would be allowed; and that there should be some means of addressing these types of situations. Mr. London supported idea of discussing the sign with the Planning Commission; that they believed 24 sq. It. was the minimum size needed; and that the Planning Commission' s previous discussion focused on the calculated 6 sq. ft. size. Councilman Smith stated that he does not like overruling the Planning Commission, but felt that the record and testimony suggest some grounds for hardship; that sometimes the grounds for granting a variance are viewed in the same light as a variance for a setback, and perhaps there is a better way of handling the Sign Ordinance, and being more practical in allowing signs and not being confined by strict application of the code, ; that he does not favor granting a special privilege, nor having a continuous stream of cases coming before the Council ; that people travelling North on Indian Avenue do not have the opportunity to see the store is there; and there should be some mechanism for signs which make sense in these situations. There being no further appearances, Mayor declared the hearing closed. Councilman Maryanov stated that the site is unique in that it has all of the attributes of a corner, without being a corner, and needs the same kind of consideration, given the topography and layout; that he agreed there should be strict enforcement of the ordinance, as well as fairness, but the purpose of the sign is to identify the business, and the goal is to not clutter the building; and that he believed the proposed sign accomplished both ends. In answer to question by Council , Director of Comaiaunity Devel- opment stated that the Ramon Drug sign was allowed in 1960, which was seven years prior to the adoption of the Sign Ordinance. Councilman Maryanov stated that he did not view this as over- ruling the Planning Commission; and that it serves a different function, which is why there is a right to appeal to the Council . It was moved by Maryanov, seconded by Foster, and carried by the following vote, that the variance be granted, limited to a 24 sq. ft. sign, and referred to the Planning Commission for specifics: AYES: Foster, Maryanov & Bogert NO: Smith ABSENT: None 0 811 Council Minutes 4-4-84 Page 3 1 . SIGN VARIANCE 8.220 (Continued) Councilman Smith stated that he was not opposed because he did not believe there to be a hardship, but because he did (131 ) not like the idea of granting a variance, and would have preferred that this matter be referred to the Planning Commission to establish a process for dealing with these types of situations ; and would like the subject, in general , discussed with the Planning Commission. Mayor stated that a clarification with the ;Planning Commission would be worth pursuing. PUBLIC COMMENTS: a) Howard Lapham, 577 Sunny Dunes, spoke in support of proposal by the Palm Springs Savings Bank relative to the McCallum Building, stating that the City would realize (117) $5 million over the term and still own the property, as well as sales tax revenues; that: parking will be provided, and 'the increased tax increment from the property can be used to provide additional parking in the area. He stated that the architect would be early California style, and the Library patio/landscaped area would be opened. b) Ron Miller, 1380 Vista Chino, commented on licensing for limousines and ground transportation at the Airport, and expressed hope that his company would continue its services at the Airport. 2. McCALLUM CIVIC BUILDING City Mangaer reported that pursuant to directive of Council , persons who previously expressed 'interest in buying or leasing the site were contacted to revise or reaffirm their prior offer; that those offers were reviewed at the last study session; that one formal bid was received some time ago, and the Council could award sale at this time, reject it (117) and direct staff to do further work with one of the other parties, or provide other direction to staff as to desire to sell or lease the site. City Attorney explained the process for disposition of the property, similar to that used in the sale of property in probate. Redevelopment Director reviewed each proposal , noting that the Plaza Investment proposal would be equal to $615,280 if a 10% interest were assumed, and approximately $567,700 if a 12% interest were assumed, and 110 parking spaces would be needed for restaurant and retail uses open during the day; that the confirmed Deeb-Lipton proposal provides for a 12% interest rate, rather than 10% shown in the staff report; and that the P.S. Savings Bank has reaffirmed its interest in acquiring the site or entering into a long-term lease, subject to water tests ; that only P.S. Savings Bank proposals provides for parking on the site, which has an in-lieu parking value of $700,000+ (80 spaces times the in-lieu fee) - 120 spaces would be required based on use proposed and considering they are providing 80 spaces and the site has 70 space "credit", they would have 30 spaces in excess. Council Minutes 4-4-84 Page 4 2. McCALLUM (Continued) City Attorney stated the parking credit ' runs with the use, and if the building were removed and something ,new created, the parking credit generally would not be , carried :with the (61 ) new structure. He stated he would not recommend that the City be a party to making the water tests or .results .thereof; that buyer should establish his own tests and, his own expense; and the City should not warrant the underground condition of the property. . Councilman Maryanov stated that the site is ;lad prime corner of the community, and perhaps input should be obtained , from the Planning Commission as to use on that site; need to arrive at conclusion rapidly; that he did not believe a savings & loan was a good use for the corner; and his motion to, refer this to the Planning Commission to develop general recommenda- tions as to use of the property, failed for lack of a second. Consensus following discussion: The PTL Television Network proposal for use the building for counseling ! and religious production; that other resources which might be generated by each proposal should also be evaluated; ,that schematics would be desirable; that lease option should be extended to ascertain return to the City; legitimacy of the P.S. Savings Bank offer in view of its condition , regarding water ,tests should be validated; and that, this information should be reviewed at the next study session. It was moved by Maryanov, seconded by Foster, and unanimously carried, that this matter be continued to the next meeting, pending review above noted. 3. RECREATION/CULTURAL NEEDS ASSESSMENT Recommendation: That the Council approve the final assessment report relative to cultural and recreational needs within the City; and direct that recommended expenditures be included for budget consideration. Suggested at study session this be deferred to budget review. (117 ) It was moved by Smith, seconded by Foster, and unanimously carried, that this item be tabled. 4. .MUNICIPAL CODE AMENDMENT - BINGO (FOR ADOPTION) City Clerk read title of Ordinance 1219, relating to 'bingo permits, as introduced on March 21 , 1984; after which, it was moved by Smith, seconded by Foster, and unanimously (103) carried, that further reading be waived, and the Ordinance be introduced for first reading. Council Minutes 4-4-84 Page 5 CONSENT AGENDA: 5. Minute Order 3371 approving contracts with SCE 'for the sale (52) of excess energy from the co-generation plants. 6. Resolution 14988 endorsing AB 1659, relative to right of munici- (98) palities to create Community Energy Authority Districts. 7. Minute Order 3372 awarding contract to Massey Sand & Rock Co. , ( 128) for construction of curb and gutter on Racquet Club Road, between Indian and a point east of Palm Canyon. 8. Minute Order 3373 ratifying emergency purchase of a police patrol unit from Marshall Motor Cars, in amount of $11 ,130, and waive (84) formal bidding requirements. 9. Resolution 14989 amending Allocated Positions & Compensation Plan to delete Systems Analyst Manager and add Data Processing (61 ) Project Analyst under Finance Department. 10. Resolution 14990 approving amended and restated agreement with U.S. Forest Service for mutual aid. (87) 11 . Resolution-------amending the budget to appropriate $6,215 to provide funds in addition to CRA funds for purchase of personal (61 ) office computer for the Redevelopment Agency. 12. Resolution 14991 approving filing grant application for Roberti Z' Berg grant funds in amount of $1 ,896 to purchase and install (109) picnic tables for the handicapped in municipal parks. 13. Minute Order 3374 authorizing filing TDA Claim with SCAG for $254,102 to perform maintenance on local streets. (136) 14. Resolution 14992 approving grant application for Land & Water Conservation Grant Funds in amount of $400,000 to construct (109) improvements at DeMuth Park. 15. Resolution 14993 concurring in CRA actions this date. (124) 16. Resolution 14994 amending City' s Deferred Compensation Plan, to establish "normal retirement age". (110) 17 . Resolutions 14995 and 14996 approving Payroll Warrants & Claims (86) & Demands. It was moved by Foster, seconded by Smith, and unanimously carried, that Resolutions 14988 through 14996 and Minute Orders 3371 through 3374 be adopted. 18. FINAL TRACT MAPS 17110 & 15827 Resolution 14997, approving FTM 17110 (Niltonhead Townhomes, Ltd. , Section 11 ) and FTM 15827 (Perry Freeman, Section 30) , were presented ; after which, it was moved by Smith, seconded (137) by Maryanov, and unanimously carried, that Resolutions 14997 and 14998 be adopted. 19. BUDGET AMENDMENT - FARRELL DRIVE RECONSTRUCTION City Manager reported that DWA is doing work in Farrell Drive, and if assurance can be provided that the City will proceed with its plan to reconstruct the same portion of Farrell (61 ) Drive in this year, a temporary patch over DWA' s line can be allowed until reconstruction is done„ and DWA has offered to reimburse the City for the cost difference between the temporary patch and the otherwise required 4" trench paving, Council Minutes 4-4-84 Page 6 19. BUDGET AMENDMENT (Continued) which would be a savings to the City of $20-30,000. He stated that the CIP calls for reconstruction in 1985-86, and recom- mended that it be scheduled as priority in 1983-84, and provid- (61 ) ing budget therefor, although funds will not be expended until July or August. He also stated that the Pavement Analysis Survey showed this to be a high priority project. Resolution 14999, appropriating $240,000 from Reserve for Capital Projects, was presented; after which, it was moved by Foster, seconded by Smith, and unanimously carried, that Resolution 14999 be adopted. 20. INDEMNITY AGREEMENTS - PA#1 Note: See Community Redevelopment Agency Minutes this date. Resolution 15000, approving Indemnity Agreements with Trans- america Title Insurance Co. and assuring that the CRA will perform its duties as required in said agreements, was (124) presented; after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, that Resolution 15000 be adopted. 21. CO-GENERATION CERTIFICATES OF PARTICIPATION Recommendation: That the Council approve the sale of $11 ,820,000 Certificates of Participation to Stone and Youngberg. This item was reviewed in detail at the Adjourned Meeting of April 3, 1984. (52) Building & Safety Director stated that the City has been able to secure insurance and AAA rating and recommended proceeding with the issuance to fund the Co-generation Plant and $2. 5 million of the new police building, as originally contemplated. Minute Order 3375 approving the sale to Stone & Youngberg, and Resolution 15001 , approving the Purchase Agreement and other documentation, were presented ; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that Minute Order 3375 and Resolution 15001 be adopted. REPORTS OR 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 9:00 p.m. , Mayor declared the meeting adjourned to Tuesday, April 10, 1984, at 3 p.m. , in the Council Chamber, 3200 Tahquitz-McCallum Way; after which, the Council met in Closed Session (Personnel ) until 10:50 p.m. PUDI�TH SUMICH City Clerk