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HomeMy WebLinkAbout9/5/1984 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES September 5, 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, September 5, 1984 , at 7:30 p.m. ROLL CALL: Present: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert Absent: None The meeting was opened with the salute to the Flag and a moment of silence. PRESENTATION OF AWARD The City Manager announced the new Employee Recognition Award Program and noted that the new program provides for three awards to employees on an annual basis, which include monetary awards as well as recogni- tion before the City Council and other employees. Mayor announced the recipients of the 1984/85 award as follows: (110) Heather Cameron, Community Services Department; Stella Ritchie, Com- munity Services Department; and James Shiner, Fire Department and presented appropriate plaques to each employee; after which, members of the Council expressed congratulations to each recipient. COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency. (Note: The Council convened as the Agency and following City Council business reconvened in joint session with the Community Redevelopment Agency for the purpose of a joint public hearing on the North Palm Canyon Redevelopment Project Area. ) APPROVAL OF MINUTES: It was moved by Foster, seconded by Smith and unanimously carried that the Minutes of August 7, 1984 be approved. PUBLIC HEARINGS: 1. HISTORIC SITE DESIGNATIONS - CORNELIA WHITE HOUSE AND THE MCCALLUM ADOBE. Recommendation: That the Council receive public comment and designate the Cornelia White house and the McCallum Adobe on the McManus Village Green as Class 7 historic sites. Director of Community Development highlighted his report, (76) dated September 5, 1984. Resolutions 15215 and 15216, designating the sites as recom- mended, was presented; after which, it was moved by Foster, seconded by Maryanov and unanimously carried, that Resolutions 15215 and 15216 be adopted. PUBLIC COMMENTS: a) Kim Warbrick, 70080 Chappel , representing Brandy's, urged that the Council reconsider its rejection of an agreement for a lease of spaces in Municipal Parking Lot No. 2 for the restaurant, stating that traffic problems can be mitigated in that cars can be handled by bringing them to a stop further into the parking lot, and adequate attendants on duty to prevent backup on the highway; that the Indian Avenue entrance would not be blocked as a result of the vale' parking and would not hinder traffic on Indian Avenue. He stated Council Minutes 9-5-84 Page 2 PUBLIC COMMENTS (Continued) that valet parking was previously used in this manner at the lot without any problems with customers, nor was a hard stand taken by the valet operators with people who entered the parking lot unknowingly. In answer to question by Council , City Manager stated that this matter could be brought back upon request by the Council „ (b) Sig Ehrens, 2481 Cahuilla Hills, commented on the number of cockroaches the City is experiencing as a result of sewer lines not being sprayed and urged that this matter be looked into. (c) John Barker., Cathedral City, spoke in favor of an Environmental Impact Report (EIR) for a water theme park stating that long-range planning and foresight is needed. LEGISLATIVE ACTION: Z . MUNICIPAL CODE AMENDMENT - ESCORTS & ESCORT BUREAUS Recommendation: That the Council amend the Municipal Code to add provisions to regulate escortsand escort bureaus within the City. In answer to question by Council , City Attorney stated that a (103) number of complaints had been reported to him through the Police Department concerning some improper activities which have happened in connection with escort bureaus; that he was not suggesting any ordinance regulating sexual activities since that is an area pre-empted by State law; that cities may require licensing and normal regulations which may have an affect on other issues. City Clerk read title of the Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA TO REGULATE ESCORTS AND ESCORT BUREAUS. (Note: This Ordinance adds Chapter 5.42 to the Municipal Code) It was moved by Smith, seconded by Maryanov, and unanimously carried, that Further reading be waived and the Ordinance be introduced for first reading. 3 . MUNICIPAL CODE AND SIGN AND ZONING TEXT AMENDMENTS Recommendation: That the Council amend the Municipal Code, Sign Ordinance and Zoning Ordinance to establish uniform pro- cedures for appeals to the City Council . City Attorney noted that the Ordinance covert; various sections (103) of the Code in order to refer to a single ordinance regulation concerning an appeal procedure to the Council „ In answer to question by Councilman Smith, City Attorney stated that it is understood that under Section 34 of the proposed ordinance, in the event a Councilmember desires to submit an appeal , it is the intent that the staff will handle the paperwork necessary to bring about the appeal process. Council Minutes 9-5-84 Page 3 3. MUNICIPAL CODE AND SIGN AND ZONING TEXT AMENDMENTS (Continued) City Clerk read title of the Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE BY ADDING (103) CHAPTER 2.05 AND AMENDING VARIOUS SECTIONS OF THE PALM SPRINGS MUNICIPAL CODE SIGN ORDINANCE AND ZONING ORDINANCE RELATING TO APPEAL PROCEDURES. It was moved by Foster, seconded by Smith and unanimously carried that further reading be waived and the Ordinance be introduced for first reading. 4. STREET NAME CHANGE - INDIAN AVENUE AND TAHQUITZ-McCALLUM WAY Recommendation: Planning Commission recommended name changes from Indian Avenue to Indian Canyon Trail and from Tahquitz- McCallum Way to Tahquitz Canyon Way. Director• of Community Development stated that the name change came about as a result of the Planning Commission's discussion (135) of a landscaping plan for Indian Avenue, and that staff recom- mended that rather than the Council taking action, it ' refer this matter back to the Planning Commission for public hearing procedures. He stated that the Municipal Code provides that the Planning Commission may forward recommendations to the City Council without public hearing, however, he did not recommend this procedure in this case because of the impor- tance of these thoroughfares. City Manager stated that should the Council not be interested in changing the name of either of the streets, that it not refer that matter to the Commission and let the matter die at this time. It was the consensus of the Council that there should not be any name change in Indian Avenue. Councilman Maryanov noted that the Tribal Council had recom- mended that Tahquitz-McCallum Way be changed to Tahquitz Drive rather than the Tahquitz Canyon Way as recommended by the Planning Commission. It was moved by Foster, seconded by Birer and unanimously carried that the Planning Commission provide recommendation relative to name change for Tahquitz-McCallum Way to possibly Tahquitz Drive. 5 . MUNICIPAL GOLF COURSE FEE ADJUSTMENTS Recommendation: That the Council increase green fees and cart rental rates 15.3% for the October to May rates. Director of Community Services stated that more study of summer rates will be made, noting that the amount of play (92) appears to be remaining constant, and that, without some adjustment, significant deficiencies in cash flow way occur. Resolution 15217 amending the fees as recommended was pre- sented; after which, it was moved by Biirer, seconded by Smith, and unanimously carried, that Resolution 15217 be adopted. 6 . WATER THEME PARK - LEASE AGREEMENT Recommendation: That the Council authorize execution of amended lease agreement with Thomas Hazelrigg and Michael Mastro for 20.5 acres on City-owned property oft Gene Autry Trail , between the Wastewater Treatment Plant and the Munici- (109) Council Minutes 9-5-84 Page 4 6. WATER THEME PARK - LEASE AGREEMENT (Continued) pal Golf Course with the exclusive right to design, construct, maintain, and operate a water theme park, subject to an approved Planned Development District. Assistant to the Director of Community Services reviewed the Director's report, dated September 5, 1984, noting that the proposed site is a parcel for which the City had previously been negotiating with Desert Water Agency to be purchased by it for the purpose of building a tertiary water treatment plant; however, no formal agreement has been entered into with DWA for that site, and the City has an approximate 19 acre site and it appears a switch of the two parcels can be accom- plished without adversely affecting the DWA project, and which ultimately would reduce the amount of land needed by the City for percolation ponds. She stated that approval of the pro- posed site would result in no access to the water theme park from Crossley Road. She stated that the change in the loca- tion has resulted in revised agreement, whereby the City reserves the right to deny any options to extend the agreement beyond the initial 20-year term, contingent 'upon the needs of the Wastewater Treatment Plant and incorporates an additional 7 acres requested by the developer to accommodate overflow parking. She also noted that the developer has requested a minor language change in Section 6 regarding use of premises to read in the first sentence as follows; "The subject premises shall be used by the Lessee only and exclusively for (109) a water theme park or other related recreational uses. . .". In answer to questions by Council , City Manaqer and Assistant to the Director of Community Services stated that there have been representation, made that the Fairview homeowners are satisfied with the changes, however, that is second hand information and nothing was commented on under the above Public Comments portion from anyone in the neighborhood; and that the lease provides for restoring of the site after 20 years. City Manager stated that there have been no formal agreements with the Desert Water Agency, however, it does not appear to have a problem with the switch in the parcels, but it is not legally committed to either site. Councilman Maryanov stated that the lease is based on fair market value and that the City will receive substantial money for the land that the City would otherwise be hard pressed to use because of the need for future water reclamation. Councilman Smith stated that this type of use has been talked about for many years and is a use in keeping with the general Tahquitz scenic plan. City Manager noted that the actual processing of the Planned Development District (PDD) to allow the water• theme park needs to be followed through the Planning Commission and the City Council and there will be future public hearings on that matter. Minute Order 3445 approving the agreement as recommended, and subject to the above language change as noted, was presented; after which, it was moved by Smith, seconded by Foster, and unanimously carried, hirer abstaining, that Minute Order 3445 be adopted. 7. PAC - PROJECT AREA COMMITTEE Recommendation: That the Council approve formation and appoint 15 member project advisory committee for the Highland- Gateway Redevelopment Project Area; terms of the members to be (124) three years after adoption of Redevelopment Plan. Council Minutes 9-5-84 Page 5 7. PAC - PROJECT AREA COMMITTEE (Continued) Redevelopment Director stated that two additional members have been recommended to the City Council as discussed at the last study session, in particular, Joe Abner and Bennie Crawford to the "community organization's" segment of the membership. He stated that the size of the Committee is not limited, however, (124) the particular initial committee recommended this nuiiiber. In answer to question to Council , Terre La Rocca, Redevelop- ment Specialist, stated that several meetings in the neighbor- hood drew over 200 residents and a study committee was formed out of that, which met to decide whether redevelopment was wanted in the community and to consider names for the ultimate PAC. In answer to question by Council , Redevelopment Director stated that Stanley Broxmeyer, name suggested by the Mayor, is not a property owner, nor does he fall within one of the cate- gories provided under the Resolution, however, law provides that the Council may appoint persons with interest in the area if it wished to do so. Resolution 15218 approving the formation of the committee and the 17 member names designated was presented; after which, it was moved by Birer, seconded by Maryanov, and unanimously carried, that Resolution 15218 be adopted. 8. SECTION 14 - MULTI-FAMILY HOUSING PROJECT Recommendation: That the Council adopt a Resolution of Inducement for a multi-family housing project to be developed by Build-Tek Company on the north side of Saturnino between Calle El Segundo and Avenida Caballeros, eventually allowing (85) for the sale of mortgage revenue bonds; and approve agreements for underwriting services and bond counsel with Dean Witter Reynolds - Inc. and Orrick, Herrington and Sutcliffe, respec- tively. Economic Development and Housing Director stated 'Chat 10% of the approximate 190 apartment units must be available to low- income persons and 15% available to moderate income persons with the remainder at market rates. Councilman Maryanov stated that he had expressed sonde reserva- tions about the project at the study session, however, after taking a field trip and based on his observations and his recognition as to the amount and type of housing in the area, he is not opposed to the project. He stated that housing must be provided to the people who will be servicing the hotels in connection with the Convention Center District (CCD) and that he felt that the proposed project met that need. He stated that he maintains the same general reservations that he has about the fiscal responsibility of anyone issuing bonds with Palm Springs' name on it. Economic Development and Housing Director noted that the developer may be asking for a density bonus, but such a request is not being acted upon by the Council as a part of the proposed action. Councilman Foster stated that he has serious reservations about this type of project in the middle of Section 14 which he felt is more of a hotel use. He stated that there is a need for low-income housing and those issues must be addressed, however, he did not believe that needed to be in the most valuable or strategically located part of the City for the convention center. lug Council Minutes 9-5-84 Page 6 8. SECTION 14 - MULTI-FAMILY HOUSING PROJECT (Continued) Councilman Maryanov noted that the parcel in question is bound by apartment buildings at this time. Councilman Birer stated that he believes the area has been developed as apartments and he could not picture a hotel (85) coming into that particular locale; that this is a good use for the property and fulfills what is shown on the General Plan in terms of high-density residential in that area. Councilman Foster stated that his concern is the type of development and the quality that often goes along with that, and he needed assurances that it will be of a high-quality, noting that this type of housing is not always able to respond in the manner as perhaps the surrounding units have been constructed. Councilman Birer stated that the project per 'se was not up for Council approval at this point and would require going through all the normal procedures, and that a part of meeting the low income need enables the developer to receive financing assist- ance, but does not mean less quality orientation. Resolution 15219 providing the inducement and Minute Orders 3446 and 3447 approving the agreements, as recommended, were presented; after which, it was moved by Maryanov, seconded by Birer and carried by the following vote, that Resolution 15219 and Minute Orders 3446 and 3447 be adopted: AYES: Birer, Maryanov, Smith and Bogert NOES: Foster ABSENT: None CONSENT AGENDA 9. Minute Order 3448 approving Amendment No. 2 to agreement between City and Palm Springs World of Golf for 10-month (97) period beginning Aug. 1, 1984 and ending June 1, 1985. 10. Resolution 15220 approving interim concession lease agreement between City and Ansel Racette for operation of snack bar at (9;1) Palm Springs Municipal Golf Course (formerly assigned to James Pence) for a period to end June 1, 1985. 1.1. Minute Order 3449 approving grant in amount of $10,000 to Palm (1L7) Springs Senior Center to provide services to senior citizens. 12. Resolution 15221 and 15222 approving purchase of parcel "0" (51) for Airport Clear Zone purposes along Ramon Road in the amount of $1,900.,000 for 10.4 acres; and amending the budget to appropriate $510,000. 13. Minute Order 3450 authorizing City Manager to file Article 8 (136) TDA Claim with SCAG in amount of $155,858 of PUC funds to perform maintenance on local streets and roads. 14. Minute Order 3451 authorizing Palm Springs Police Dept. to enter into agreement with Martin J. Mayer for consultant (113) services related to personnel procedures and policies in the amount of $6,000. '15. Minute Order 3452 approving contract with Conrad Associates in an amount not to exceed $5,000 to provide designs and cost estimates For parking structure over Vehicle Parking District (106) #1 lot. Resolution 15223 amending budget to appropriate $5,000. Council Minutes 9-5-84 Page 7 CONSENT AGENDA (Continued) 16. Minute Order 3453 approving contract with Isbill Associates, Inc. Toy, design engineering, construction supervision and related FAA paperwork for various Airport capital construction (51) projects in range of 9% to 12% of project cost, (estimated to be $6 million) . 17. Resolution 15224 approving revised phasing plan for T"I'M 19396 (137) for property located on NW corner E1 Cielo/Ramon Road. (240 unit condo project, S. Morse) 18. Resolution 15225 approving Final Subdivision Map 19396 for (137) property located NW corner El Cielo/Ramon Road. (240 units, S. Morse) 19. Resolution 15226 approving Payroll Warrants and Resolution (86) 15227 approving Claims and Demands. 20. Resolution 15228 concurring in the action taken by Community (124) Redevelopment Agency. It was moved by Smith, seconded by Birer, and unanimously carried, that Resolution 15220 through 15228 and Minute Order 3448 through 3453 be adopted. 21. FINAL PARCEL MAP 19094 Resolution 15229 approving Final Parcel Map 19094 for property located on the south side of Calle Ricardo, generally between (119) Avenida Caballeros and Paseo Dorotea, Section 19, George and Pat Neeson, was presented; after which, it was moved by Smith, seconded by Foster, and unanimously carried, that Resolution 15229 be adopted. REPORTS AND REQUESTS: 22. DEPARTMENTAL REPORTS - Received & Ordered Filed a) 1983-1984 Annual Redevelopment Agency Report b) Pub Nus Abtmnt Proceedings & Accntg Repts Filed ; City Clerk to set hrgs. 23. COUNCIL reports and requests - None 24. PUBLIC reports or requests - None 25. STAFF reports or requests - None COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening in joint session with the Community Redevelopment Agency to conduct public hearing relative to PA6 - North Palm Canym Redevelopment Plan and EIR. 26. JOINT PUBLIC HEARING WITH CRA - PA6 -NORTH PALM CANYON REDEVELOPMENT PLAN s EIR. Recommendation: To consider and act upon the Final EIR and Redevelopment Plan for the North Palm Canyon Redevelopment (124) Project. See Community Redevelopment Agency minutes of this date for details. The following City Council actions were taken: A motion overruling written and oral objections. Resolution 15230 certifying completion of the final EIR. Resolution 15231 regarding tax allocation for 'low/moderate income housing outside the area. Council Minutes 9-5-84 Page 8 26. SOINT PUBLIC HEARING WITH CRA - PA6 (Continued) Ordinance for introduction and first reading, adopting the (124) Redevelopment Plan. ADJOURNMENT There being no further business at 9:35 p.m. , Mayor declared the meeting adjourned to Thursday, September 13, 1984 at 3 p.m. in the large conference room„ City Hall . Z./ JUDITH SUMICH City Clerk -'-Meeting not held. Convened only as CRA. WP/CC MIN