HomeMy WebLinkAbout2/6/1985 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
FEBRUARY 6, 1985
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, February 6, 1985, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Birer, Foster, Smith and Mayor
Bogert
Absent: Councilmember Maryanov
The meeting was opened with the salute to the Flag and a moment of
silence.
PRESENTATION OF BADGES:
City Manager presented badges of office to new Fire Chief
Thomas Robertson.
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned
for the purpose of convening as the City Council , after which, members
reconvened as the City Council .
APPROVAL OF MINUTES:
It was moved by Foster, seconded by Birer, and unanimously
carried, that the minutes of January 16 and 22, 1985 be
approved; Maryanov absent.
PUBLIC HEARINGS:
1 . GPA 5.0349 - LAND USE ELEMENT
Recommendation: That the Council amend the General Plan
Land Use Element, to change designation from RM-15 (Resi-
dential Medium 15 dwelling units/acre) to P (Professional )
for 4 acres on the NE corner of E1 Cielo and Ramon Road, (101 )
Section 18. Director of Community Development reviewed
his report, dated February 6, 1985.
Mayor declared the hearing open; there being no appearances,
the hearing was closed.
Resolution 15422 amending the General Plan, as recommended,
was presented; after which, it was moved by Birer, seconded
by Smith, and unanimously carried, Maryanov absent, that
Resolution 15422 be adopted.
2. HISTORIC SITE CASE 2 - WELWOOD MURRAY CEMETERY
Recommendation: That the Council designate the Welwood
Murray Cemetery as a Class 5 site with certain features
designated as Class 7. This item was heard in August, (76)
1984, and referred back to the Historic Site Preservation
Board for reconsideration - original recommendation was
for Class 7 only.
Director of Community Development reviewed his report,
dated February 6, 1985, and stated that he was not aware
of the Cemetery District' s Board reaction to the revised
recommendation.
Council Minutes
2-6-85 Page 2
2. HISTORIC SITE CASE 2 (Continued)
Mayor• declared the hearing open; there being no appearances,
the hearing was closed.
Resolution 15423 designating Class 5 site, with Class 7 (76)
for certain features, was presented; after which, it was
moved by Foster, seconded by Smith, and unanimously carried,
Maryanov absent, that Resolution 15423 be adopted.
3. HISTORIC SITE CASE 10 - OASIS HOTEL TOWER & ADJACENT STRUCTURES
Recommendation: That the Council designate the Oasis Hotel
Tower, and adjacent structures at 121 South Palm Canyon,
as a Class 7 Historic Site. Director of Community Develop-
ment reviewed his report, dated February 6, 1985, and noted
that only the portion of the structure necessary to support
the tower would be designated as the Class 7 ; that he was (76)
not aware if the tower is hieing used ; and that the owner
is in agreement with the designation.
Mayor declared the hearing open.
Robert Kirshman, 125 S. Palm Canyon, owner of Robann
Jewelers, requested that his store also be included, since
it served as the lobby of the original Oasis Hotel , and
he has photographs to verify that.
There being no further appearances, the hearing was closed.
Resolution 15424 designating Class 7 site, was presented;
after which, it was moved by Smith, seconded by Foster,
and unanimously carried, Maryanov absent, that Resolution
15424 be adopted; and that the Historric Site Preservation
Board consider an appropriate designation for the former
Oasis Hotel Lobby, referred to by Mr. Kiirshman.
4. HISTORIC SITE CASE 11 - 196 NORTH PALM CANYON
Recommendation: That the Council designate property at
196 N. Palm Canyon (SE corner at Andreas) , formerly the
site of the First Community Church, and currently known
as the Carnell Building, as a Class 5 Historic Site. (76)
Director of Community Development reviewed his report,
dated February 6, 1985, and stated that the owner of the
property is not in favor of any designation which would
hinder any type of use in the building.
Mayor declared the hearing open; there being no appearances,
the hearing was closed.
Resolution 15425 designating Class 5 site, as recommended,
was presented;; after which, it was moved by Foster, seconded
by Birer, and unanimously carried, Maryanov absent, that
Resolution 15425 be adopted.
5. HISTORIC SITE CASE 12 - EL MIRADOR GARAGE
On December 19, 1984, Council requested that the Historic
Site Preservation Board reconsider its recommendation;
the Board has reaffirmed its recommendation that the Council
designate the former E1 Mirador Garage, located on the
south side of Tachevah, between Indian and Palm Canyon, (76)
as a Class 7 site.
Council Minutes
2-6-85 Page 3
5. HISTORIC SITE CASE 12 (Continued)
Director of Community Development stated that the Board
reaffirmed its recommendation because of the significant
role it played in the function of the El Mirador Hotel .
Councilman Birer stated that he did not support the site (76)
as a Class 7, and it may have had some historic significance,
but not to the highest designation.
Mayor declared the hearing open; there being no appearances,
the hearing was closed.
Councilman Foster stated that the building may have historic
significance, but questioned whether it could be salvaged.
Director of Community Development stated that a Class 7
designation would permit federal or state designations,
retention of archival records, and no demolition or modifica-
tion of structures without Council approval ; and that under
a Class 6, a structure is eligible for a 6- month stay of
demolition, and a plaque.
Mayor stated that it would take a considerable amount of
money to make the building safe, and that the site is ideal
and strategic for redevelopment.
Councilman Birer suggested considering a Class 5 designation,
with caveat that a suitable plaque be considered, whenever
the structure is rebuilt.
Resolution 15426 designating the site as a Class 5, with
plaque when structure is rebuilt, was presented; after
which, it was moved by Birer, seconded by Sm`i'ih, and unani-
mously carried, Maryanov absent, that Resolution 15426
be adopted.
6. HISTORIC SITE CASE 13 - 768 NORTH PALM CANYON
Recommendation: That the Council designate building at
768 North Palm Canyon (SE corner at Tamarisk) as a Class
7 site. Director of Community Development reviewed his
report, dated February 6, 1985, and noted that the structure (76)
was built in 1936, and is in good condition.
Mayor declared the hearing open, there being no appearances,
the hearing was closed.
Resolution 15427 designating the Class 7 site, as recom-
mended, was presented; after which, it was moved by Foster,
seconded by Birer, and unanimously carried, Marryanov absent,
that Resolution 15427 be adopted.
7. PUBLIC NUISANCE ABATEMENT - 2220 LEONARD ROAD
Consideration of appeal by Mr. Androgenii , from posting
as a public nuisance the maintenance of a fence constructed
without permits, at 2220 Leonard Road. (57)
Building & Safety Director reviewed his report, dated
February 6, 1985, and submitted photographs showing the
fence.
Mayor declared the hearing open, there being no appearances,
the hearing was closed.
Council Minutes
2-6-85 Page 4
7. PUBLIC NUISANCE ABATEMENT (Continued)
It was moved by Smith, seconded by Birer, and unanimously
carried, Maryanov absent, that the appeal be denied, and (57)
the owner immediately submit applications for architectural
approval and permits.
S. SEWER CONNECTION APPEAL
Consideration of appeal by Kurt Bochner, from requirement
to connect to the sewers, the Miller Manor at 449 E. Arenas
Road.
Councilmember Birer stated that he would abstain.
Director of Community Development reviewed his report dated
February 6, 1985, noting staff recommendation to require (128)
the sewer connection and allow payment of the fee over
a period of time, at 10% interest.
In answer to question by Council , Director of Community
Development stated that, in 1972, a sewer line was available
within 250 ft of the site, and today, is within 35 feet;
that there would not have been any fee in 1972, since it
was established about 1976, starting at $1150 per unit,
and escalating by 1978 to $400 per unit; that letters were
sent to unconnected properties in 1977, which included
a reference to a mailing in 1976, advising of the total
connection policy and options available at that time.
Mayor declared the hearing open.
Kurt Bochner, appellant, requested that. the fee be waived
on the basis that the prior owner did not receive notice,
was an absentee landowner and did not have access to local
newspapers ; that no responses to the 1976 or 1977 mailings
were received from owners in Section 14, and it seems reason-
able that at least a few would have been received, unless
the Section had been overlooked in the mailing process;
that a prudent person would have taken advantage of a "no
fee" situation and connected to the sewer; that it would
have been negligence on the part of the former owner not
to have advised the new buyer of the pending requirement,
and negated the sale; and on the basis of fairness, where
there has been an apparent lack of communication. He stated
that the fee is 120 times greater thian residential , and
12 times greater than any existing apartment owner.
Councilmember :Smith stated that there may be some circum-
stances applicable in this situation, which would not estab-
lish a precedent, which should be considered. He expressed
concern regarding request for a complete waiver, since
there are apartment owners who complied at the outset at
$150 per unit, and suggested that the Council consider
a fee of $275 per unit, which would be the original base
fee at the time of the 1976-77 mailings, of $150, plus
50% of the difference between that amount and the $400
per unit for units existing prior to 1978, and that the
owner be required to connect and pay now the full amount,
based on the $275 per unit.
Mayor stated that it does set a precedent, which may come
back in the future.
City Manager ;stated that there appears to be some doubt
that the original owner was notified; and allegations which
may be made by other parties 'that they, too, were not aware
of what had happened 10-12 years ago.
Council Minutes
2-6-85 Page 5
8. SEWER CONNECTION APPEAL (Continued)
Councilmember Smith stated that there was a question whether
owners in Section 14 were notified, since it was known
that Indian land could riot be assessed; and if the owner
had known that he was going to have to pay, and could have
paid $150 per unit, -it would be expected that he would
not let that opportunity pass, since there were so many
units involved. (128)
It was moved by Smith, seconded by Foster, and unanimously
carried, Birer abstaining, Maryanov absent, that the request
for a complete waiver be denied; and that the units be
connected to the sewer at this time, at a fee of $275 per
unit, payable upon issuance of permit.
PUBLIC COMMENTS:
a) Harold Stone, 2980 Plaimor, stated that in the 1970s,
P-zone was added as a buffer between the airport and
residential properties, to which the owners agreed;
that the master plan showed that certain uses would
be limited; that O-zone was suggested, but opposed
by the property owners, however, it uas adopted by (51 )
the Council ; that the Corwin Denney building represents
a breach of faith as to what the owners were led to
believe would be constructed in that area, in that
it will be used for maintenance. He stated that he
has not had his calls returned, and that the Council
should not allow such a dense, intense use to occur
on that site.
City Manager stated that he has been assured that Mr.
Stone's calls were returned; and that the Council may
wish to direct staff to present materials at the next
study session ; that it is the staff's view that nothing
procedural has gone astray, and proper procedures regard-
ing the hangar have been Followed.
City Attorney stated that he, too, spoke with Mr. Stone,
and he has determined that building permits were issued
and he did not find any gap in the permit process,
and the owner has expended funds in reliance on that;
that the lessee has a vested right, unless there has
been some impropriety in the issuance of that permit,
which he did not find; and that it is beyond the juris-
diction of the Council to revoke the permit, unless
there is a specific flaw in the process. He also stated
that 'there was requirement under the lease agreement,
that there be a full fixed base operator, or under
the management of one of the established FBOs, in this
case, Combs-Gates.
City Manager was directed to have this matter presented
for review at the next study session.
b) Adrians: David Rickle, 683 Monterey Read, presented
petition, and read prepared statement, copy of which
is on file in the Office of the City Clerk, requesting
that the conditional use permit be withdrawn, on the
basis of disturbance to the neighborhood, reckless (78)
driving, damage to private property, and trash and
debris thrown on private and public property.
M1�
Council Minutes
2-6-85 Page 6
b) Adrians (Continued)
In answer to question by Council , Director of Community
Development stated that hearing for reconsideration
of the CUP was scheduled for the Planning Commission (78)
on February 13, however, since the permittee could
not attend, it was rescheduled for February 27.
Carolyn Truman, 2530 E. Tamarisk, stated that homeowners
do not think they have received cooperation from the
staff, and that is why they have brought the matter
to the Council .
Jan Carter, 890 Calle Quetzal , offered similar comments,
referring to unreturned telephone calls; and requested
that people who are concerned be notified when this
matter will be heard.
Sid Fields, 2195 Tachevah, stated that his street has
become a "racetrack" used by patrons of the teen club.
Councilmember Smith stated that clue process must be
followed, and the rights of the property owner must
also be protected.
c) Dan Johnson, 801 E. Tahquitz Way and Dave Hacker, Hacker
Engineering, 490 S. Farrell , requested that the Council
give favorable consideration to setting a hearing on
intention to vacate a portion of Mission Road.
d) Connie O'Connor, 3233 N. Palm Canyon, commented on
license fees and permit requirements under the new
Massage Ordinance, stating that it poses a hardship
for small businesses.
City Manager stated that when a new law has been adopted,
there may be circumstances which were not considered,
and Ms. Connor may wish to petition the Council to
look at something different from the Ordinance.
LEGISLATIVE ACTION:
9. SEWER FACILITY FEE - PAYMENT SCHEDULE REQUEST
Recommendation: That the Council approve request by Alex
Virtue to pay $4,000 sewer facility fee for property at
2200 Sahara Road, over a 5-year period, at 10% interest.
Building & Safety Director reviewed his report, dated (128)
February 6, 1985.
Minute Order 3528 approving the request, subject to Deed
of Trust, was presented; after which, it was moved by Smith,
seconded by B'irer, and unanimously carried, Maryanov absent,
that Minute Order 3528 be adopted.
10. PIROZZI Z/C 5.0333 (Intro. 1-16-85)
City Clerk read title of Ordinance 1235, for zone change ('149)
from 0 to R-1-C for property on the west side of Via
Miraleste, south of Francis Drive, Section 2; after which,
it was moved by Smith, seconded by Foster, and unanimously
carried, Maryanov absent, that further ' reading be waived,
and Ordinance 1235 be adopted.
3 i
Council Minutes
2-6-85 ,Page 7
11 . TAX DELINQUENT LAND ACQUISITION - (COBLE PROPERTY IN PALM HILLS)
Recommendation: That the Council adopt resolution declaring
intent to acquire two tax-delinquent parcels, consisting (109)
of approximately 560 acres of hillside in the Palm Hills
area, in a total amount of $133,100.
Director of Community Development reviewed his report,
dated February 6, 1985, and noted that auction is scheduled
for sometime during March, 1985, and the property owner
may cure the delinquency at anytime up until the sale;
however, in the absence of that correction, in order for
the City to acquire the property, it must have declared
its intention prior to February 15, 1985. He recommended
proceeding with the intention.
Resolution 15428 declaring intent to acquire, was presented;
after which, it was moved by Foster, seconded by Smith,
and unanimously carried, Maryanov absent, that Resolution
15428 be adopted.
12. CO-GEN PROJECTS - SCE FRIENDLY CONDEMNATION
This item had been continued from previous meetings, and
related to approval of judgement and final order of condem-
nation. Building & Safety Director reported that the final
settlement is $99,845.
Minute Order 3529 approving settlement in amount of $99,845, (52)
was presented; after which, it was moved by Birer, seconded
by Foster, and unanimously carried, Maryanov absent, that
Minute Order 3529 be adopted.
CONSENT AGENDA:
13. Res 15429 conditionally authorizing issuance of MRBs for
multi-family housing project on Saturnino Road, between Calle (85)
E1 Segundo and Avenida Caballeros.
14. Minute Order 3530 waiving bond requirements for IONIC Construc-
tion contract for bike lane under Gene Autry Trail Bridge, (109)
CP 84-04.
15. Res 15430 approving Disadvantaged Business Program and
Women-Owned Business Enterprise for the Community Development (136 )
Department (required for approval by CalTrans of FAU projects).
16. Minute Order 3531 authorizing purchase of additional light
fixtures for the Civic Center, from Total Lighting Concepts, (72)
in amount of $14,039.80.
17. Minute Order 3532 approving Change Order #7 to increase Kiewitt
Pacific Company contract by $30,114, for co-gen projects, Agr (52)
2043, CP 83-03 and 83-04.
18. Res 15431 and 15432 approving Payroll Warrants & Claims & (86)
Demands.
19. Minute Order 3533 approving payment to SENCA in amount of (61 &
$62,993.20, as City's share of real estate development activities 139)
in connection with the Convention Center; and Res 15433 amending
the budget to appropriate necessary funds.
Council Minutes
2-6-85 Page 8
20. Res 15434 setting date for public hearing on determining
necessity to acquire certain property for Airport purposes; (51 )
and authorizing retention of Tom stoever, legal counsel .
21. Minute Order 3534 through 3538 exempting certain properties (128
from requirements of sewer connection based on previously estab-
lished exemption criteria.
22. Minute Order 3539 awarding contract to Lee Roofing, for reroofing
City facilities, in amount of $155,033; and approving Change (117
Order No. l thereto, to decrease the contract by $64,520, and
establishing the revised contract amount as the limits for
performance and labor and material bonds.
23. Minute Order 3540 approving Change Order No. 1 for a net decrease
contract with Gosh and Gosh Construction, relative to Assessment (56)
District 145, by $55,517.21 .
24. Res 15435 authorizing City Manager to enter into a lease with
Steve Stephanian, for 215 South Palm Canyon, dba Golden Touch (117
Jewelry, 5 years, at $4,380 for first year,.
25. Res 15436 approving 12 month time extension for PD 139 to
construct 3 affordable housing projects at N. Palm Canyon between (116
Gateway Drive/extension of Tramview Road, expiring February
2, 1986, S. Broxmeyer.
26. Res 15437 approving TTM 20500 to allow hotel conversion to
5 unit stock cooperative, Patencio Rd between Arenas/Baristo, (137
KWL Associates.
27. Res 15438 approving second 12 month extension for TPM 18373
ending March 17,, 1986 to create 3 parcels for single family (119`
purposes, NE corner Via Donna/Paseo El Mirador, L.
Zehuss/Schwartz.
28. Res 15439 recommending Council adopt final changes to Fringe-Toed
Lizard Habitat Conservation Plan as recommended by CVAG Executive (123
Committee, and authorize Mayor to enter into contract with
U.S. Fish & Wildlife Service and Nature Conservancy.
It was moved by Foster, seconded by Smith, and unanimously
carried, Maryanov absent, that Resolutions 15429 through 15439
and Minute Orders 3530 through 3540 be adopted; Smith abstaining
on Minute Order 3533 and Birer abstaining on Resolution 15436.
29. P.D. 136A - FINAL. DEVELOPMENT PLANS FOR CARLS 'JR.
Recommendation: That the Council approve final development
plans for Carl ' s Jr. Restaurant, with drive-through facil-
ities, P.D. 136A, for property on the NE corner of Racquet
Club and North Palm Canyon - Loehman Center, Section 3, (116
Westar Associates.
Director of Community Development noted that this item
was reviewed in detail at the last study session; and
reviewed hits report, dated February 6, 1985, and discussed
various exhibits on display.
Councilmember Foster stated that he has always been opposed
to drive-thirough restaurants on Palm Canyon, and stated
that when the street is widened, there will only be 7-8
ft. of landscaping to conceal it.
Council Minutes
2-6-85 Page 9
29. P.D. 136A (Continued)
In answer to questions by Council , Director of Community
Development stated that the additional 10-ft street dedica-
tion has been required, but the existing curb will remain
until , through a covenant, improvement is required for (116)
all of the properties affected, rather than on a piecemeal
basis; and that the highway is four lanes, and the additional
dedication could be for parking or an additional travel
lane.
Councilmember Foster stated that concerns were expressed
by the Council when the Naugles drive-through across the
street was constructed, relative to facing Palm Canyon;
that this restaurant should have the drive-through face
into the property and not on the street; that the final
development plans are not akin to approving a final subdi-
vision map, and he would not be reluctant to disapprove
it.
Planning Director stated that the zoning ordinance only
prohibits drive-through restaurants in the CBD, but allows
them, along with banks, in all other commercial zones;
that the Planning Commission considered stacking of cars,
screening, and design integration; and, through berms,
the conditions were met.
Wil Feindinsk, 121 S. Palm Canyon, Architect, stated that
the drive-through has been lowered 3 ft, and fire berm raised
3 ft. above the curb line, and shrubs placed on top of
the berm, and with mature landscaping, it will be very
difficult to see it, as opposed to a parking lot facing
the street; that after street improvements, there would
not be any change in the vertical screen, sdnce the land-
scaping will still be on the property.
Peter Koetting, developer, stated that the site contains
a natural fall to the east, resulting in a "nestling" of
the restaurant in the SW corner of the property. Mr.
Koetting and Mr. Feindinsk elaborated on the distances
between the street curb and the drive-through curb and
their relationships to the building and landscaping.
Councilmember Foster stated that he did not like seeing
these operations on Palm Canyon, and wanted to avoid setting
a precedent; that the reluctance to keep them off Palm
Canyon will weaken; and that there is a difference in philos-
ophies.
Resolution 15441 , approving the final development plans
as recommended, was presented; after which, it was moved
by Birer, seconded by Smith, and carried, Foster voting
no, and Maryanov absent, that Resolution 15441 be adopted.
30. STREET VACATION - MISSION ROAD
Recommendation: That the Council declare intent to vacate
portion of NE corner of intersection of Mission Road and
Mountain View Place, and set public hearing for March 6, (145)
1985.
Director of Community Development reported that this item
was reviewed in detail at the last study session.
Council Minutes
2-6-85 Page 10
30. STREET VACATION (Continued)
Resolution 15440, declaring intent and setting hearing,
was presented; after which, it was moved by Smith, seconded
by Birer, and unanimously carried, Maryanov absent, that (145)
Resolution 15440 be adopted.
31 . GENERAL UNIT MOU - LINCOLN'S BIRTHDAY HOLIDAY
Recommendation: That the Council approve MOU with the
General Unit to celebrate February 11 , 1985, 'in-lieu of
February 12, 1985, as Lincoln's Birthday Holiday.
Resolution 15442, approving MOU as recommended, was (110)
presented; after which, it was moved by Birer, seconded
by Foster, and unanimously carried, Maryanov absent, 'that
Resolution 15442 be adopted.
32. TPM & FPM 20508
Resolution 15443 and 15444, approving TPM and FPM 20508,
for property on Gene Autry Trail , between Mesquite Avenue
and Palm Canyon Wash, Section 19 , Frank Gautiello, were
presented; after which, it was moved by Smith, seconded
by Birer, and unanimously carried, Maryanov absent, that (119)
Resolutions 15443 and 15444 be adopted.
REPORTS OR REQUESTS:
33. DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Treasurer' s Monthly - Oct & Nov, 1984
b) Annual Financial Summary 1983-84
c) CVB - Quarterly, ending 9-30-84
35. CITY COUNCIL reports or requests
a) Amado Road/Ave. Caballeros: Include intersection survey
for potential street lighting.
b) Palm Canyon Street Lights: Report back to Council
relative to status of project for new type of lighting.
c) Traffic Signals: Review at study session, i .e. ,
Farrell/Ramon and Vista Chino/Farrell .
34. PUBLIC reports or requests - None
36. STAFF reports or requests - None
ADJOURNMENT
There being no further business at 9:20 p.m. , Mayor declared
the meeting adjourned.
f
JUDITH SUMICH
City Clerk