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HomeMy WebLinkAbout12/5/1984 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 5, 1984 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, December 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 AWARDS: Mayor presented appropriate plaques to former Commissioners, Dorothy Kirby, Community Service Commission, and Lester Shaw, (60) Board of Appeals. City Manager explained the Employee Recognition Award Program; after which, Mayor presented plaques to Nancy Fritzal , Library (110) Division, Jauren Miller, Police Department, and Julie Baumer, City Manager' s Department. COMMUNITY REDEVELOPMENT AGENCY: Mayor adjourned for the purpose of convening as the Community Redevelopment Agency; and upon reconven- ing, business resumed. APPROVAL OF MINUTES: It was moved by Foster, seconded by Birer, and unanimously carried, that the Minutes of October 30, November 7 and November 20 (revised page 8 previously submitted) , 1984 be approved. PUBLIC HEARINGS: 1 . P.D. 71•-A - FIRST ALLIANCE CHURCH OF THE DESERT Recommendation: That the Council approve an amendment to P.D. 71 (P.S. Sundial ) to allow use of professional complex as a church facility; and approve preliminary and final development (116) plans. Director of Community Development reviewed his report, dated December 5, 1984, and noted that approval would be amendment of the POD, since this was not a use originally approved; that the use represents about 11% of the total complex; parking is not a problem, because of the Church hours of operation; and the term of the lease for the Church is 2 years, with 2 one-year options. Mayor declared the hearing open; there being no appearances, the hearing was closed. Resolution 15346, approving the PD amendment, as recommended, was presented; after which, it was moved by Birer, seconded by Maryanov, and unanimously carried, that Resolution 15346 be adopted. ?E�r Council Minutes 12-5-84 Page 2 PUBLIC COMMENTS: a) P.D. '153 (re Bike Trail ) James Taylor, 2582 Calle Palo Fierro, stated that he has purchased a unit in the project, and objected to the bike path in front of his new home; that he was concerned about safety to riders, i .e. , children; and he endorsed the use of the Ramon Road trail and around the perimeter of the project. Jim Boyer, 21415 Southridge, owner of a unit in the project, stated that he was aware there would be a bike path in the project, and complimented the developer for moving it to the outside perimeter, thereby increasing safety. Nelli Swope, 500 S. Farrell , opposed the bike path in front of her unit because of lack of security from transients (1116) using it. Dr. John Nubie, 472 Burton Way, expressed concern about the danger of being struck by a golf ball , and advantage of the perimeter path to maintain safety. lie stated that he would not want to ride through the wash and have to "dodge" golf balls, which he also felt would be an attractive nuisance to children using the path. Burt Stamp, golf course architect, stated that the course was designed for play and safety, and all "slices" go inside the course; that the cart and bike paths are on the perimeter, and to go through the course would make things worse; and that a golfball travels at 170mph to reach 200 yards. Jack Koennecker, golf pro, Canyon Country Club, stated that a bike path would be a distraction for golfers, and would increase pedestrian traffic on the path, further increasing distractions and safety hazards. Dennis Poke, golf pro for the new project, described his previous experience with course adjacent to freeways, and urged bike path not be through the course. Jim Temple, developer, expressed appreciation for help he has received in bringing this project to fruition. b) Bill Johnson, architect, spoke in favor of Item 3, relative to request for street vacation of Mt. View and Mission Road. LEGISLATIVE ACTION: 2. McCALLUM BUILDING - AGREEMENT Recommendation: That the Council authorize agreement with Wessman Development Co. for the sale of city-owned property (117) on the SE corner of Tahquitz Way and Indian Avenue, for retail and restaurant complex. This item reviewed at study session; no further report given. City Manager recommended the Council act in similar fashion as the Redevelopment Agency. It was moved by Birer, seconded by Foster, and unanimously carried, Maryanov abstaining, that the time in which to conclude discussions with Mr. Wessman, relative to prior Council action of September 17, 1984, be extended by 90 days, expiration date to be March 17, 1985. Council Minutes 12-5-84 Page 3 3. STREET VACATION - MT. VIEW & MISSION RD. On November 20, 1984, Council continued consideration of declar- ing intent to vacate portions of the above street. Director of Community Development reported that the area was developed with large radius streets, varying from 50-100 ft; that the three lots were combined by Parcel Map to allow a tennis court and further development of the site; that require- ment of the Map was an additional 5 ft dedication on Mission Road, and staff was to proceed with vacation proceedings for the radius; that Council discussed this item in study session and expressed concern about the reduced radius not matching other corners ; and that the Council may opt to set a hearing date or not adopt the Resolution of Intention, which would quash any further proceedings. He stated that there is no legal requirement for the hearing if there is no intent to (145) vacate. City Attorney stated that if the Resolution is adopted, it should conform in language to reference of the appropriate State Law. Councilman Foster stated that considerable time has been spent in discussing this matter, in terms of aesthetics and original layout of the streets; that radius across the street is 100 ft, and a change of one will set precedent for changing others, which will change the complexion of the entire area; that the larger radius is more attractive and blends with the rest of the development in the area. It was moved by Foster, seconded by Maryanov, and unanimously - carried, that the request for consideration of a vacation be denied. 4. P.D. 153 - FINAL DEVELOPMENT PLANS FOR GOLF COURSE On September 19, 1984, Council withdrew consideration of final development plans for golf course improvements pending further review. Mayor stated that he would abstain, and turned the meeting over to Mayor pro tem Maryanov. Director of Community Development stated that final plans for (116) each of the four phases have been approved, and the remaining phase is for the golf course, including clubhouse, maintenance facility and landscaping; that the significant difference between final plans and preliminary plans relates to use of grass in the washes, and the location of the bike path between Sunrise and El Cielo. He stated that the detailed hydraulic calculations indicated that the wash could not be handled in a natural state and still retain the low-flow drainage structure in El Cielo and Farrell Drive; that the bottom of the wash was covered with a fiberglass material and seeded for stabilization, and there were restrictions by the Flood Control District that there could not be any obstructions or trees in the wash, and it was to be kept in a relatively open state; that the Planning Commission recommendation for the bike path was that it be located between Phase I and the golf course, but: the developer has installed an alternate route around the perimeter of the project utilizing Sunrise Way, Compadre Road, Ramon Road and a portion of Farrell Drive; and that another alternate was proposed at the study session by Councilman Foster, and two staff members walked that possible route and 'Found problems with drainage and fairway conflicts. He stated that all exhibits have been reviewed over the past eight weeks. Council Minutes 12-5-84 page 4 4. P.D. 153 (Continued) Councilman Smith stated that there has been considerable discussion about preserving the naturalness, and about the location of the bike paths, however, the bottom line is that the project is something the community can be proud of, and it is an asset to the City; that he took a field trip, and the portion of the path between Sunrise and Farrell is complete, and when a rider reaches Farrell , he will not proceed north to the crossing in order to cross Farrell and then travel south - which, in his opinion, would cause a greater safety hazard; and that it would not be that much out of the way for a rider to use the path from El Cielo via Compadre Road, north to Ramon Road, and then south on Farrell Drive. Councilman Birer expressed agreement, and moved approval of the final development plans, subject to deletion of the portion of the bike path between Farrell Drive and Compadre Road; motion seconded by Smith. Councilman Foster stated that the Council was promised that the naturalness of the washes would be preserved and that the bike path would be installed through the golf course, and to say otherwise at this point is a violation of the confidence given by the Council ; that if there are safety hazards, the (116) golf course should be redesigned; that there has been an adopted plan of bike trails and the trail existed before the golf course project was installed; and that the Farrell Drive signalized crossing should be located to accomodate both the bicyclists and the equestrians. Mayor pro tem Maryanov expressed agreement and stated that the bike path was a major consideration of the project; that it should be no surprise that there are gollf balls on the golf course; that the Council was told that a scenic bike path could be designed; that he would not recommend, nor accept, a bike path in the path of golf balls; that when the golf course was proposed, it was recognized that it was in the wash, that this is a desert environment, that there would be grass on the golf course, but the course would be designed to retain as much desert as possible; that the Council was told the wash would be retained, and he did not understand how it could be purported that Bermuda Grass was a native plant, although a field trip showed that the grass had already been planted, which was without Council knowledge or consent, nor was the bike path in the location which it had been installed; and that the course should be redesigned to achieve the things that were planned and approved. Councilman Smith stated that plans are final and there are only a few unresolved issues, and questioned if there was a way of giving approval to the remainder. Mayor pro tem Maryanov stated that he did not see any effort at problem-solving, rather only response as to why a solution is not possible; that it appears that the Council is being asked to provide a solution to a problem it did not create; and that he believed it is the developer' s responsibility not the Councils, to find a solution. Councilman Birer stated that he was not a member of the Council when the promises were made, however, perhaps those were the wrong solutions at that time, and the change in the bike path only affects one-quarter of a mile. Council Minutes 12-5-84 Page 5 4. P.D. 153 (Continued) Councilman Foster stated that the path has been heavily used for a long time; that it is not proper to force the riders into a traffic situation; and that the plan was adopted and followed for many years. Councilman Birer stated that he would prefer a signal for the bike path. Mayor pro tem Maryanov stated that the burden of finding a solution rests with the developer; and that if it is not safe, it is not viable and cannot be installed; and that it should not be a surprise that the bike path would be in front of some units. Councilman Smith stated that even if there is no problem with the golf course, there is still the problem of riders having (116) to cross Farrell and then proceed north, which should be resolved. Councilman Foster agreed that it is a very serious situation, and perhaps the signal should be relocated to allow equestrian, golf cart users, and riders to utilize the signal . He stated this is a scenic ride for bicyclists, and a diversion to Ramon Road, and back again, is inconvenient and does not make sense to him; and that this was known in advance. Mayor pro tem Maryanov stated that layout of the path was a scenic route through the wash, before the go9f course was contemplated, and the Council is now being asked to approve something else; and that the developer must look for solutions. Motion above noted was withdrawn, and it was moved by Smith, seconded by Birer, and unanimously carried, Bogert abstaining, that this matter be continued to December 19, 198�. 5. ORDINANCE FOR SECOND READING & ADOPTION (Intro 11-20-84) City Clerk read title of Ordinance 1232, regarding rules & regs for City-owned parking lots and City-owned property re vehicle driving and parking use. It was moved by Birer, seconded by Foster, and unanimously (103) carried, that further reading be waived, and Ordinance 1232 be adopted. CONSENT AGENDA: 6. Res 15347 approving 12-mo. time extension for TTM V3761 and P.D. 140, for commercial industrial complex on Gene Autry Trail , between (137) Vista Chino and Chia Drive, M-1-P, Sec. 7, Newport National , Inc. 7. Res 15348 approving pass-through agreement with Riverside County (124) for PA7 - Highland-Gateway. 8. Res 15349 approving lease with Marshall H. Pearcy, dba Marshall ' s Salon for Hair, for 219 S. Palm Canyon - McManus Village Green, ( 117) for 5 years commencing December 1 , 1984, at $9,504 for the first year' s rental. Council Minutes 12-5-84 Page 6 9. Minute Order 3499 ratifying purchase of a 1980 Toro parkmaster ((il & mower from Golden Hills Country Club, in amount of $10,500; and 64) Res 15350 amending the budget to appropriate necessary funds. 10. Minute Order 3500 ratifying purchase of 7,441 gallons of diesel (84) fuel from Carr & Carr, in amount of $6,404.62. It was moved by Foster, seconded by Birer, and unanimously carried, that Resolutions 15347 through 15350 and Minute Orders 3499 and 3500 be adopted; Smith abstaining on Resolution 15348. 11 . GENE AUTRY TRAIL - BIKE PATH Recommendation: That the Council award contract to Ionic Construction Co. ,, Inc. , for bike path under Gene Autry Trail Bridge, in amount of $39,133.50. Report highlighted by Director of Community Development. (109) Minute Order 3501 was presented; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that Minute Order 3501 be adopted. 12. SCE - UNDERGROUND UTILITY EASEMENTS Recommendation: That the Council grant easements to SCE to serve expanded City Hall and Corporatism Yard. This item reviewed at the last study session; no further report was (147) given. Resolution 15351 , granting easement re City Hall , and Resolu- tion 15352, granting easement re Corporation Yard, were presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, that Resolutions 15351 and 15352 be adopted. 13. FIRE PROTECTION PLANCHECKER Recommendation: Approve agreement with Bob Richter and Associ- ates, for fire protection planchecking„ in amount not to exceed $10,000. Report highlighted by Fire Chief. (112) Minute Order 3502 approving agreement as recommended, was presented; after, which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that Minute Order 3502 be adopted. 14. CVAG TRANSPORTATION STUDY - SPECIAL ASSESSMENT Recommendation: That the Council appropriate $4,677 as City' s share of study updating land use and General Plan projections, utilizing MEA computer program. Report highlighted by Planning Director. (61) Councilman Smith stated that his firm has had a business relationship with the computer provider in previous years, and may again in the near future, and he would abstain. Resolution 15353 amending the budget, as recommended, was presented; after which, it was moved by' Birer, seconded by Maryanov, and unanimously carried, Smith abstaining, that Resolution 15353 be adopted. Council Minutes 12-5-84 Page 7 15. SEWER CONNECTION EXEMPTION & COMPREHENSIVE FEE SCHEDULE AMENDMENTS Recommendation: That the Council amend the previously estab- lished exemption procedures to allow payment of $400 Sewer Facility Fee until February 28, 1985, for dwellings constructed prior to June 23, 1978, and, thereafter, require fee in effect at time of sewer connection; and amend the fee schedule to establish sunset date of February 28, 1985, for the $400 fee. Building & Safety Director noted that this item had been reviewed in detail at the last study session, and subsequently the Resolution was revised to provide an additional caveat (114) that the $400 fee would also apply to those persons in A.D. 148, or any other parcel inadvertently omitted from A. D. 148, which connects within 45 days after notification of sewer availability. Councilman Maryanov noted that discussion at the last study session indicated that notification process would include notice in simple language to avoid misunderstanding about pay now, or pay higher fee later; mail to be sent certified ; and newspaper ads to be utilized to convey the message. He questioned what flexibility there is for addressing a situation where a person has been out of town for an extensive period, and has not received the notice. City Attorney stated that there is no specific authority for staff to give administrative relief in those instances, and recommended that this action proceed, and a further amend- ment be drafted to cover those circumstances. Resolution 15354 amending Resolution 15294 and the Comprehen- sive Fee Schedule, as recommended and revised, was presented; after which, it was moved by Maryanov, seconded by Birer, and unanimously carried, that Resolution 15354 be adopted. 16. CONVENTION CENTER DEVELOPMENT AGREEMENT - PA2 Note: See CRA Minutes this date for report and discussion. Resolution 15355 approving the Development Agreement between the City, the CRA, and Hotel and Convention Center Partners, Ltd. , I-XI, inclusive, to define development of the Convention (124) Center and Headquarters Hotel , was presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, that Resolution 15355 be adopted. 17. MORTGAGE REVENUE BONDS - SETTLEMENT AGREEMENT City Attorney stated that the Council gave approval to the settlement agreement in closed session, and approval in open session is now required. Background: None of the loan fund, from the sale of the (85) Mortgage Revenue bonds after adjustments, was disbursed as or for purchase money loan, and the bond issue was recalled and refunded about March, 1984. Both the City and Developer claimed to be entitled to the $340,000, which remained after all expenses and costs of the program; and based on each parties desire to avoid litigation, the settlement agreement was reached. Developers, collectively, to receive $185,000 - division of the funds between them is not responsibility, nor interest of the City. Minute Order 3503, approving settlement, release and indemnity agreement with Harmony Homes and Desert Dorado, in collective amount of $185,000, was presented; after which, it was moved by Smith, seconded by Foster, and unanimously carried, Birer and Maryanov abstaining, that Minute Order 3503 be adopted. rr Council Minutes 12-5-84, Page 8 REPORTS & REQUESTS: 18. CITY COUNCIL reports or requests a) In response to question by Council , City Manager stated that the CalTrans response to inquiry concerning signal in the vicinity of E1 Dorado Mobilehome Park entrance raised other questions, and that a report will be given to the Council within a short time. b) In response to inquiry by Council , City Manager stated that an earthquake preparedness planning session would be held in January, and Councilmembers should let him know if they desire to attend. c) Councilman Maryanov urged that staff press efforts to secure additional theatres in Palm Springs, to replace those lost with the demolition of the Village Theatre. 19. PUBLIC reports or requests - None 20. STAFF reports or requests - None ADJOURNMENT There being no further business at 9:10 'p.m. , Mayor declared the meeting adjourned to Tuesday, December 11 , 1984, at 3 p.m. , in the Large Conference Room, City Hall . C '_~ JUDITH SUMICH City Clerk