Loading...
HomeMy WebLinkAbout5/15/1985 - MINUTES 371 CITY OF PALM SPRINGS CITY COUNCIL MINUTES MAY 15, 1985 A Regular Meeting of the City Council was called to order by Mayor Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, May 15, 1985, at 7:30 p.m. Roll Call : Present: Councilmembers Birer, Foster, Maryanov, Smith & 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; 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 April 17, 19, 22, 23 & May 1 , 1985, be approved. ELECTION OF MAYOR PRO TEM: Following nomination, it was moved by Foster, seconded by Birer, and unanimously carried, that Lloyd Maryanov be elected (70) Mayor pro tem for the ensuing term. PUBLIC HEARINGS: 1 . PUBLIC NUISANCE ABATEMENT - 1535 N. INDIAN AVENUE Consideration of appeal by A. F. & Gladys McMillan from posting of public nuisance at above address. Director of Community Development reviewed his report, and stated that photographs had been presented at the last study session, which had been taken two weeks ago as well as prior to the study session, and recommended that the owner be given (57) 30 days in which to complete the cleanup. City Attorney requested that the photographs, staff report and notice be a part of the record. Mayor declared the hearing opened. A. F. McMillan, appellant, submitted photographs showing that some of the nuisance had been abated, and stated that he was continuing with his efforts to clean up and rejuvenate the site, and he should be able to complete it within 30 days. There being no further appearances, the hearing was closed. It was moved by Smith, seconded by Birer, and unanimously carried, that the property owner complete the abatement within 30 days. 3'72 Council Minutes 5-15-85 Page 2 IA. PUBLIC NUISANCE ABATEMENT - 1807 JACQUES Consideration of appeal by Mrs. McDonalld from posting as public nuisance illegally converted residential structure to a 3-unit building. Report reviewed by Building & Safety Director. Mayor declared the hearing opened. (57) Marian Royston, representing the property owner, stated that the house had been in the illegal condition as of 1965, and the tenants came with the house when the late husband of the current owner purchased the property; that all tenants have been removed, and the property restored to its single-family status, and an application filed for a certif- icate of compliance from the Building Division, and inspection is scheduled for May 17, 1985. George Goldberg, Box 4156, Palm Springs, commented on illegal conversions of residences, in general , and stated his view that they should not be made to comply, since not everyone complies, nor are they made to comply. Councilman Foster stated that staff responds to such cases on a complaint basis ; and in this case, a tenant did not have hot water and complained to the City, which resulted in an inspection and the violation was discovered; and that when these cases are brought to the City' s attention, it does not have any other choice, but to respond. There being no further appearances, the hearing was closed. Building & Safety Director stated that he was not aware the application for the certificate of compliance had been filed, and he was inclined to believe that the changes have been made. City Attorney stated that the Council could continue the matter, and it could be brought back if it were found that there had not been compliance. It was moved by Maryanov, seconded by Smith, and unanimously carried, that this matter be tabled. 2. P.D. 167 - R.L. SIMPSON & ASSOCIATES Recommendation: That the Council approve a planned development district for a 119-unit apartment complex, including 25% density bonus for low and moderate income individuals, on the NE corner of San Rafael and McCarthy Roads. (116) Director of Community Development reviewed his report, dated May 15, 1985, and stated that the density bonus complies with State law requirements for earmarking for low and moderate income persons; that there was discussion at the last study session regarding the ability to allow use of Mortgage Revenue Bonds (MRB) in addition to the density transfer; that the PDD approves the density; and if the Council wanted to consider MRB, that they would come back to it at a later date. 3w� Council Minutes 5-15-85 Page 3 2. P.D. 167 (Continued) Mayor declared the hearing opened. Rich Andrews, representing the developer, urged approval , and expressed agreement with the Staff and Planning Commission recommendation. In answer to question by Council , he stated that the developer intends to ask for the MRBs, and a proposal has been submitted to the Economic Development Division, and it is questionable if the project could feasibly proceed without that financing, based on the restrictions of the low and moderate income rents, which are difficult to achieve with MRB; and that the developer has built projects using various financial aspects, in both Riverside and San Bernardino Counties, and has not experienced any management problems. Lazslo Sandor, architect, requested that the Council approve 120 units, rather than 119, because the structure will be (116) two stories, and the space will have to be used for something. Charles Osinger, President of the Board of Palm Springs Villas, questioned if the project would include an on-site manager, restriction of number of pets, and CC&Rs, which would address proper management, maintenance, and other matters, e.g. , restricting automobile repair. lie stated that there are 700 units adjacent to the project, and illustrated problems in those projects which related to his concerns. Mr. Andrews stated that there will be an on-site manager; that there will be leases required, which will prohibit pets ; that CC&Rs are not required, since it is an apartment complex, although there will be a management plan and guidelines and house rules ; that vehicles will not be permitted to be abandoned, and there will not be repairs on the site. Steve Remball , Box 1381 , Palm Springs, questioned how the rent variations will be policed. Mike Simpson, representing developer, stated that agreements are required between the developer, the City and HUD with respect to rents, how it is collected, reviewed, and who has authority in event of violations. City Attorney stated that there are penalties for violations, and reporting provisions, and that City staff and HUD monitor these programs. In answer to questions by Council , staff indicated that abandoned vehicles occur primarily in single-family residential areas ; and that conditions require normal rules and regualtions and management policies for the project. Councilman Maryanov noted that discussion at the study session reflected that the site is R-2, and the bonus brings the property to R-3, in effect, which he believes is the preferred approach; that he did not prefer giving the additional unit; and that the MRBs could be considered following such a request. Resolution 15516 approving P.D. 167, was presented; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that Resolution 15516 be adopted. 374 Council Minutes 5-15-85 Page 4 3. COUNCIL APPEAL OF SIGN APPLICATION - SNOW GOOSE Review of sign concept approval by the Planning Commission of a bare, red neon tube sign directly behind the storefront glass at the Vineyard complex. Director of Community Develop- ment reviewed his report, and stated that this item was reviewed in detail at the last study session, and the Council expressed comments about establishing guidelines for the use of neon. Mayor declared the hearing opened. Don Alexander, Manager of Robinson's, spoke in support of the proposed sign, noting that it was approved by the AAC (131 and Planning Commission; and that the sign would be located 30-feet back from the curb. Dale Hoak, co-owner of the Snow Goose„ stated that a 1 ' x 1 ' sign is not visible from the street; that neon is best for his store front in terms of being seen; that there is an 11% foot overhang on the building, which darkens the store front; that the sign is not a bare tube, but tubing mounted on clear or smoke background; that the sign would be mounted from inside the store, hung on a chain, which will not be visible, nor will the transformer be visible either inside the store, or from the outside of the store; that the store front windows are tinted; and that his business is open at night. Dee Dee Stone, stated that use of neon will cause Palm Springs to lose its charm. There being no further appearances, the hearing was closed. Councilman Foster expressed concern that the charm of the lighted palm trees will be lost if neon is not controlled, because it is bright and garrish, and its use will multiply. He suggested that the Council have a joint meeting with the Planning Commission to address whether neon should be allowed, under what conditions, and what criteria should be established; and that there should be public input on the subject. Councilmembers Maryanov and Smith agreed that the subject needs to be addressed, and that the Planning Commission is spending a lot of time looking at each case. Councilman Birer stated that the lass: neon sign approved by the Council , from his perspective, was based on artistic concept and fitting into the decor of the store; that he did not consider it bright, but very related to the Italian theme of the decor; and that he recognized the potential problem and agreed that it should be studied. In answer to question by Council , City Attorney stated that a moratorium is accomplished through an interim zoning ordi- nance, which would be valid for four months, and could be extended thereafter up to one year; and that there is authority for refusal by staff to issue permits when the Council has taken action to order such an ordinance. It was moved by Foster, seconded by Smith, and unanimously carried, that the Planning Commission approval be overruled and the sign application denied; that the staff prepare an ordinance to declare a moratorium on the use of neon signs ; and that the Planning Commission meet in joint session with the Council to review the subject, and subsequently receive public input. 3r7r Council Minutes 5-15-85 Page 5 4. WASTE DISPOSAL SERVICES - DELINQUENT RESIDENTIAL ACCOUNTS Recommendation: That the Council authorize placing delinquent residential waste disposal services accounts for 1984-85 fiscal year on the tax rolls. Report reviewed by Director of Finance. Mayor declared the hearing opened. Mrs. Vivian Baisdon, 44134 12th St. West, Lancaster, stated (140) that she owns the property at 1134 N. Calle Marcus, which is for sale, and which has not been occupied for the last year, although she and her husband did on a few occasions stay at the house to do some repairs; that she had paid for the service for six months, and on one of those occasions when she was at the house, the waste disposal collector refused to pick up the trash from her visit. George Goldberg, 1445 Palm Tee, stated that he has made complaints about Waste Disposal Services which go unanswered by City staff; that units which are exempt from the mandatory service should be made public; that the service should be put to bid; that the County Auditor wrote to the City Manager asking for answers to complaints which he has received relative to waste disposal charges on the tax bills ; that he has paid his real property taxes, but not the waste disposal portion; that the Director of Community Development responded to the Auditor' s request, rather than the City Manager, but, in his opinion, it did not address the issue. There being no further appearances, the hearing was closed. Resolution 15517 establishing billing procedures was presented ; after which, it was moved by Birer, seconded by Maryanov, and unanimously carried, that Resolution 15517 be adopted. 5. SEWER SERVICE CHARGES - 1985-86 Recommendation: That the Council authorize placing sewer service charges for 1985-86 fiscal year on the tax rolls. Report reviewed by Director of Finance. Mayor declared the hearing opened. (140) George Goldberg, 1445 Palm Tee, stated that all property owners pay for other services, and all should pay for sewer services, and none should be exempt. There being no further appearances, the hearing was closed. Resolution 15518 establishing billing procedures was presented; after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, that Resolution 15518 be adopted. 3'76 Council Minutes 5-15-85 Page 6 6. COUNCIL APPEAL - FENCE FOR O'DONNELL GOLF COURSE (P.D. 147) Review of Planning Commission denial of a Redevelopment Agency request for a 26-ft high golf ball barrier fence along Belardo Road, adjacent to the O'Donnell Golf Course. Director of Community Development reviewed report of Redevelop- ment Director, and stated that the Planning Commission denied the fence which was intended to serve as a protection from (11 golf balls due to the relocation of Belardo Road in connection with the Desert Fashion Plaza expansion, and was to be in place for 5 years, until the landscaping provided an alternate protection for the 7th & 8th holes. Mayor declared the hearing opened ; there being no appearances, the hearing was closed. It was moved by Maryanov, and seconded by Bogert to overrule the Planning Commission. Councilman Birer stated that the fence may be fine, however, it would be in place for a long time, and questioned if materials could be seen before the decision is overturned. Councilman Maryanov stated that he did not care for either the net or chainlink, but did not see much choice, and questioned how dangerous the hole is. Councilman Smith agreed that it would be unsightly, and a previous request for a fence was rejected before there was anything there as attractive as the new hotel . Councilman Foster stated that there were 5-6 claims paid last year, and another solution might be to relocate the green. City Manager stated that it was anticipated this would be a problem when the Desert Fashion Plaza expansion was discussed, and it was agreed that this was probably the best solution; that the cost was included in the budget related to the entire project; that it became an issue when the Planning Commission denied it; that the City has been put on notice and he has concerns about the liability; and that once the trees are tall enough, it can be removed. City Attorney stated that the attorney for the golf course wanted either the fence or the City to indemnify the golf course, and that he feels strongly that the City should not provide the indemnification. Councilman Maryanov suggested that the request for indemnific- ation be denied, and that the staff be requested to bring samples of fencing to the Council within three weeks. It was moved by Maryanov, seconded by Birer, and unanimously carried, that this matter be tabled, pending review of fence samples. 3'7'7 Council Minutes 5-15-85 Page 7 7. HISTORIC SITE 14 - PALM CANYON MESA TRACT GATE HOUSE Recommendation: That the Council designate the Mesa Tract Gate House as a Class 5 Historic Site. Report reviewed by Director of Community Development Mayor declared the hearing opened. (76) In answer to question by Steve Remball , representing a client who owns property adjacent to this site, the Mayor stated that the designation would not affect his client's property. Councilman Birer stated that he considered this an eyesore and one which should be removed, and not a historic site to be preserved. There were no further appearances, and the hearing was closed. Resolution 15519 designating the site as a Class `5 Historic Site, was presented; after which, it was moved by Foster, seconded by Smith, and carried, Birer voting No, that Resolu- tion 15519 be adopted. 8. HISTORIC SITE 15 - OUR LADY OF SOLITUDE CATHOLIC CHURCH Recommendation: That the Council designate Our Lady of Solitude Catholic Church at 151 West Alejo Road, as a Class 7 Historic Site. Report reviewed by Director of Community Development. (76) Mayor declared the hearing opened; there being no appearances, the hearing was closed. Resolution 15520 designating this as a Class 7 Historic Site, was presented ; after which, it was moved by Birer, seconded by Foster, and unanimously carried, that Resolution 15520 be adopted. 9. HISTORIC SITE 16 - INDIANOYA BUILDING Recommendation: That the Council designate the Indianoya Building, at 232 North Palm Canyon Drive, as a Class 7 Historic Site. Director of Community Development reviewed his report, and noted that the City staff had recommended. a Class 5 desig- nation, but the Historic Site Board approved a Class 7. (76) Mayor declared the hearing opened; there being no appearances, the hearing was closed. Councilman Smith stated that he agreed the designation should be a Class 5. Resolution 15521 designating the site as a Class 5 Historic Site, was presented; after which, it was moved by Birer, seconded by Smith, and unanimously carried, that Resolution 15521 be adopted. PUBLIC COMMENTS: None LEGISLATIVE ACTION: 378 Council Minutes 5-15-85 Page 8 10. WECS PERMIT #43 Recommendation: That the Council recommend denial of WECS Permit #43 and Z/C 4274 for wind energy development outside of the Sphere of Influence, 117 WECS on 615 acres in Section 3. (12 Planning Director reviewed report of Director of Community Development, and noted that this matter had been reviewed in detail at the last study session; and the reason for denial relates to the general case against wind turbines on hillsides and steep slopes, critical errors in the EIR, turbines break skylines. He stated that the developer has indicated that he will sandblast the blades. Councilman Foster stated that this does warrant requesting denial because of the skyline and steep slope, and a request would be consistent with the request for a moratorium. Resolution 15522 recommending denial , was presented ; after which, it was moved by Foster, seconded by Birer, and unani- mously carried, that Resolution 15522 be adopted. 11 . WECS PERMIT #19 & #52 Recommendation: That the Council recommend denial of WECS Permits 19 and 52, or that a Draft EIR be prepared to address significant visual and noise related impacts, west of Painted Hills, Sections 20 & 21 . (122 Planning Director reported that discussion at the last study session suggested that the Council may deem it appropriate that a "no comment" position could be taken on this case, and explained the proposal , which provides that 19 turbines could be constructed, and 52 more would expand the project. He stated the site is on the east side of the Whitewater Area, somewhat visible, but surrounded by turbines, and those proposed are supposed to generate less noise. It was moved by Birer, seconded by Maryanov, and unanimously carried, that it be relayed to the Board of Supervisors that the Council did not take a position on this case, and that it should not be construed that the Council is inconsistent in its request for a moratorium, but this site is covered by turbines, it has approvals in place, and is not within the Sphere of Influence. 12. WINDY POINT OFF-HIGHWAY VEHICLE GRANT APPLICATION Recommendation: That the Council approve filing an application for Off-Highway Vehicle (OHV) Grant Funds, in amount of $46,000, in fiscal year 1986-87, to prepare an EIR for the Windy Point Area. (109 Director of Community Services reviewed his report, and stated that the grant would provide funding for an EIR, which would follow the Feasibility study in the event it justifies further review of the Windy Point area. He noted that it frequently takes many months to secure the grants, and this process will expedite matters. Resolution 15523 authorizing filing grant application, was presented; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that Resolution 15523 be adapted. 3'79 Council Minutes 5-15-85 Page 9 13. AIRPORT - AIP 04 - AIRFIELD CONSTRUCTION, CP 85-07 Recommendation: That the Council award contract to Massey Sand & Rock Company, in amount of $4,807,263; and accept FAA Grant to be awarded to apply toward the project. Report of Director of Transportation reviewed by Director of Community (51 ) Development. Minute Order 3584 awarding the contract and Resolution 15524 accepting grant, were presented ; after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, that Minute Order 3584 and Resolution 15524 be adopted. 13A. CDBG PROGRAM - llth YEAR Recommendation: That the Council approve the application for CDBG funds for the llth year, as outlined in report. Economic Development & Housing Director reviewed report of Director of Community Development (85) Resolution 15525 approving application of funds as recommended in report, was presented ; after which, it was moved by Birer, seconded by Maryanov, and unanimously carried, that Resolution 15525 be adopted. CONSENT AGENDA: 14. Res 15526 approving amendment #3 to Allocated Positions & Compen- sation Plans to add Air Conditioning & Heating Mechanic, G26, (61 ) to General Operations/Government Buildings. 15. Res 15527 granting underground utility easement to SCE for Corwin Denny Hangar on Airport property west of E1 Cielo Road. (147) 16. Res 15528 approving FPM 20456 for property on NE corner of Mission Road and Mountain View Place, Hacker/D. Knutson, Section (119) 10. 17. Res 15529 amending Comprehensive Fee Schedule to increase Sewer Facility Fee to $2,415 for each residential units, and make (114) corresponding increases in commercial , industrial and hotel units, effective July 1 , 1985. 18. MO 3585 designating Hampton Tedder Electric Co. , Inc. , as the City's high-voltage electric repair company, relative to the (52) Co-generation plants. 19. MO 3586 increasing amount of original contract award to Paul (130) Gardner Corp. , for modification of traffic signals and safety lighting at various locations, by $27,277, CP 82-44 (originally awarded by MO 3276, 8-17-83). 20. MO 3587 awarding purchase of a catch basin cleaner to Weco Industries, in amount of $57,802. (129) 21 . Res 15531 and 15532 approving Payroll Warrants & Claims & (86) Demands. 22. Res--------- of necessity PA6B14 (See CRA Item this date) - TABLED. It was moved by Maryanov, seconded by Birer, and unanimously carried, that Resolutions 15526 through 15529 and Resolutions 15531 and 15532 and Minute Orders 3486, 3487 and 3490 be adopted. 380 Council Minutes 5-15-85 Page 10 23. DUNN AREA DETACHMENT (PALM HILLS, SECTION 511 Recommendation: That the Council declare it has no objection to detachment of a portion of the Palm Hills area in Section 5. Director of Community Development reviewed his report, and (5 stated that the Council had requested a parcel map be prepared to define the area to be detached, and for future open space. He explained the displays marked as Exhibits A and B, and indicated that the Council action would be to describe the property by metes and bounds, and a parcel map would be submitted for final action prior to detachment. Councilman Foster stated that he preferred to have the proposed delineation staked, and the Council walk the area. Howard Katchko„ stated that there is no interest: in maintaining ownership to the area not to be detached, but enough potential land must be preserved for a feasible project to present to Cathedral City, at which time, the process starts over again; that the developer believed an approved delineation had been reached the last time this came before the City Council ; that the City staff has looked at the area very carefully, and the line has been moved several times, and the developer is anxious to move to the next step with LAFCO; and that the developer wants to look at the parcel map as a means of assuring that the property -is clearly split, and is not another discretionary action to reconsider the boundary. Director of Community Development stated that the boundaries have been adjusted, and some of the steep areas probably will be excluded automatically, particularly„ further west; and he did not believe anything that might happen in the one high valley would be seen from Palm Springs or Cathedral City. Councilman Smyth stated that the Council has already more or less approved the detachment, and the developer should proceed. Mayor stated that development for the area is more logically of interest to Cathedral City. Councilman Maryanov stated that the area should not be in Palm Springs, and there should be some trust in Cathedral City as to its development. Motion by Foster to continue this matter, pending staking of the area and a physical survey of the site by the Council , failed for lack of a second. Resolution 15533, declaring no objection to the detachment, as shown on the exhibit, was presented; after which, it was moved by Birer, seconded by Maryanov, and carried, Foster voting no, that Resolution 15533 be adopted. 24. FAU AGREEMENT AMENDMENT - SUNRISE WAY Recommendation: That the Council approve Supplement #7 to Agreement 1459 with CalTrans for FAU funds to overlay Sunrise (1 Way from North Riverside Drive to Alejo, in amount of $321 ,600. Report reviewed by Director of Community Development. Resolution 15534 approving the supplement, was presented; after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, that Resolution 15534 be adopted. Council Minutes 381 5-15-85 Page 11 25. 1984-85 BUDGET AMENDMENT - SWIM CENTER Recommendation: That the Council amend the 1984-85 budget to appropriate $27,500 to cover cost of gas for the Pavilion and Swim Center for the remainder of the fiscal year. Report reviewed by Director of Community Services. (61 ) Resolution 15535, amending the budget as recommended, was presented; after which, it was moved by Maryanov, seconded by Birer, and unanimously carried, that Resolution 15535 be adopted. 26. COMMUNITY SERVICES BROCHURE PRINTING Recommendation: That the Council extend purchase order agree- ment with Passport Press, to print the Community Services Brochure, second publication, in amount of $8,639.42. Report reviewed by Director of Community Development. (120) Minute Order 3588 approving second publication costs, was presented; after which, it was moved by Birer, seconded by Maryanov, and unanimously carried, that Minute Order 3588 be adopted. 27. 1984-85 BUDGET AMENDMENT & TOT PROGRAM (4TH GROUP) Recommendation: That the Council approve letter agreement with Sentient Systems, inc. , to provide a joint Training of Trainers (TOT) Program for Palm Springs and Cathedral City, in amount of $16,000, plus expenses ; and amend the budget to appropriate $19,200, therefor. City Manager reviewed (61 & report of Steering Committee Chairman. 110) Minute Order 3589 approving letter agreement, and Resolution 15536 amending the budget, were presented; after which, it was moved by Maryanov, seconded by Birer, and unanimously carried, that Minute Order 3589 and Resolution 15536 be adopted. 28. CV PRESERVE Resolution 15530, endorsing the Coachella Valley Preserve (relative to Fringe-toed Lizard habitat) , was presented ; (123) after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, that Resolution 15530 be adopted. 29. 1984-85 BUDGET AMENDMENT - WORKER'S COMP Resolution 15537 amending the budget to appropriate $110,000 from Workers Compensation Reserves into Workers Compensation Account, was presented ; after which, it was moved by Foster, seconded by Birer, and unanimously carried, that Resolution (61 ) 15537 be adopted. 38P Council Minutes 5-15-85 Page 12 REPORTS & REQUESTS: 30. DEPARTMENTAL REPORTS - Received & Ordered Filled a) CVB - 2nd Quarterly, 1984-85 (50 31 . CITY COUNCIL reports or requests a) Councilman Maryanov questioned whether something was being done with the equestrian trail through the Temple (116 project, and the possibility of obtaining a transcript of statements made by Mr. Temple guaranteeing what he would do on that project. Director of Community Development stated that rides have been taken through the golf course and specific recommenda- tions made as to how it could be refashioned, as well as a proposal to relocate the driving range from the Fairchild property to the Temple site; and that the reloca- tion alters the location of the equestrian trail , and that it will come back to the Council . b) Councilman Maryanov requested information regarding complaints referred to by Mr. Goldberg, which Mr. Goldberg inferred hail not been acted upon. 32. PUBLIC reports or requests - None 33. STAFF reports or requests - None ADJOURNMENT There being no further business at 10:50 p.m. , Mayor declared the meeting adjourned to a Closed Session, pursuant to Govern- ment Code 54956.9(a) , re City v. Hodel , et al , Federal Court Case ¢l842114WMB(tx) . JUDITH SUMICH City Clerk