HomeMy WebLinkAbout9/4/1985 - MINUTES { a CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
SEPTEMBER 4, 1985
A Regular Meeting of the City Council of the City of Palm Springs, California
was called to order by Mayor Boqert, in the Council Chamber, 3200 Tahquitz-
McCallum Way, on Wednesday, September 4, 1985 at 7:30 p�rii.
ROLL CALL: Present: Councilmembers Birer, Foster, Maryanov, Smith
and Mayor Bogert
Absent: None
The meeting was opened with a 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 of the Council reconvened and thereafter adjourned for the purpose of
convening as the Housing Authority; after which, members of the Council recon-
vened.
COUNCIL COMMENTS - none.
APPROVAL OF MINUTES:
It was moved by Birer, seconded by Maryanov, and unanimously carried,
that the Minutes of July 31, 1985 be approved.
PUBLIC HEARINGS:
1. PERSONNEL RULES AMENDMENTS
Recommendation: That the Council approve amendments to the Personnel
Rules, enumerated in proposed resolution.
Assistant City Manager reported that this matter had been reviewed at
the last study session and that all changes were sent to employee repre-
sentatives for the various units and an offer i,o meet and confer was
made and completed, and agreements reached where appropriate,
Mayor declared the hearing open, there being no appearances the hearing
was closed. (11
Resolution 15621 amending the rules as enumerated in the Resolution, was
presented; after which, it was moved by Smith, seconded by Birer, and
unanimously carried, that Resolution 15621 be adopted.
2. HSPB 18 - JANE AUGUSTINE PATENCTO CEMETERY
Recommendation: That the Council designate the Jane Augustine Patencio
Cemetery as a Class 5 Historic Site.
Director of Community Development reported that Richard Milanovich,
Tribal Council , had indicated that the designation was not desired by
the Indians and could possibly be a restriction, or an intrusion, on the (76
property; and that the classified historic site does not restrict the
use of the property, but enables a plaque to be designated on the site
and archival file established.
Mayor declared the hearing open, there being no appearances the hearing
was closed.
It was the concensus of the Council that since the Tribal Council
members are opposed to designation, that it would not be made.
It was moved by Foster, seconded by Maryanov, and unanimously carried,
that the site not be designated as recommended.
CC MINUTES
September 4, 1985 t ;
Page 2
3. HSP13 17 - DESERT INN FASHION PLAZA
Recommendation: That the Council designate the Desert Inn, Zaddie
Bunker' s Garaqe, Village Theater, Palm Springs Hotel and the Rock House
as Class 5 Historic sites.
Director of Community Development noted that the various elements were
all within the existing Fashion Plaza site.
Mayor declared the hearing open, there being no appearances the hearing (76)
was closed.
Resolution 15622 and 15623 designating the Desert Inn as a classified
site and the Zaddie Bunker Garage, Village Theater, Palm Springs Hotel
and Rock I-louse as classified historic sites, respectively, were
presented; after which it was moved by Birer, seconded by Foster, and
unanimously carried that Resolution 15622 and 15623 be adopted.
4. NEON MORATORIUM
Recommendation: That Council extend Urgency Ordinance (adopted on 7-31-•
85), prohibiting new neon signs, for 10 months and 15 days.
Director of Community Development reported that this item was discussed
at the last study session, and it appeared that the Council thought a 10-
mont'n extension was too long and perhaps something or' a shorter duration (103)
would be appropriate.
City Attorney stated that the Council may limit the time of the exten-
sion, but could not have more than two such extensions, and recommended
that if such an extension is to be granted, that it be of a. sufficient
time which would clearly cover an objective study of those matters to be
studied, but not so short as not to permit a full comment. He stated
that it might be completed in less time, but perhaps a four to six month
first extension would be sufficient.
In answer to question by Council , City Attorney stated that the period
of the extension needs to be enough to forestall a challenge as to the
accuracy of the full study.
Mayor declared the hearing open.
Tuck Broich, 1130 Manzanita, submitted a statement in opposition to the
extension and stated that there has been sufficient time to look into
this matter, and it appeared, based on a walk of the downtown area by
Council members, that the Council did not think neon was objectionable;
and that the Council should stop putting road blocks in the way of
local merchants.
There being no further appearance, the hearing was closed.
Councilman Birer stated that he was not in favor of extending the
ordinance, but that he believes an opportunity has been opened for a
greater scope than originally anticipated in terms of 'looking at
improvements in signing for the downtown area; and that he would like to
keep the extension to a minimum that would keep the end product free of
legal challenge.
Councilman Smith stated that he agreed there is room for improvement,
but feels that the issue of allowing neon is still the single issue.
Councilman Mar,yanov stated that he agreed action should be taken on the
neon and did not see this situation as a road bock to retailers,
stating that he did not believe that anyone wanted to see a string of
neon signs in the downtown area.
CSC MINUTES
September 4, 1985
Page 3
4. NEON MORATORIUM (Continued)
It was moved by Birer, seconded by Maryanov, and unanimously carried, (103
that the Urgency Ordinance 1247 be extended for four months.
5. SPHERE AREA - GENERAL PLAN AMENDMENT
Recommendation That Council receive input for Land Use Plan for 32
square miles located north of Palm Springs within its sphere of
influence, and adopt Sphere Area General Plan Amendment.
Planning Director reported that the proposed Sphere Plan provides a set
of policies relating to the several General Plan Elements required by
State law and is not in a great deal of conflict with the County' s (101
Sphere Plan for the area, and a large number of new developments of pro-
perties on build-out is not anticipated. He staged that one comment was
received from the Edison Company indicating a concern that the language
relating to the relocation of utility lines crossing the flood plain was
not acceptable to it, and additional utility line's will have to be added
in this corridor, and if the Council incorporates this statement, Edison
may have difficulties in locating its lines.
Mayor declared the hearing open.
Ralph Hitchcock, Southern California Edison Company, stated that Page 9
of the text refers to the language in question, and that the Edison
Company will have to continue building facilities and bringing power,
through which there are only three basic corridors to which the system
can be tied. He stated that the third area is the San Gorgonio Pass
area and thus far has had limited use, and if the language remains, he
believes it would be contrary to the intent of staff and the Planning
Commission in trying to preserve the area; that SCE has sought approval
for the Devers Station line and public hearings held for crossing the
lowest lever of the pass resulted in approval ; however., although the
Morongo Indians had agreed to crossing their land, they later demanded
more monetarily than Edison was able to pay, and he believed that the
Company will be back to build another line someday and it will follow
the preferred route, which was previously approved through the pass, and
will have to go through the same negotiations with property owners. He
stated that if the Council goes ahead with this language, the property
would become more valuable and Edison would be faced with costly
acquisitions, or going around the area.
Jeremy Crocker, 330 West Arenas Road, stated that the plan includes
noise requirements which will add cost and may impede wind power
development which in turn benefits real estate opportunities and people
living in the area; that 80 million kilowatts were generated in the
Windy Point area, which, would serve 10,000 homes, and such noise regula-
tions are not necessary because developers are working to reduce noise,
and it should be made easier for people to produce power, ship it, and
sell it.
There being no appearances, Mayor declared the hearing closed.
In answer to question by Council , Planning Director stated that the
noise levels are not directed only at wind projects, but at any use and
in terms of certain wind projects, those regulations would apply where
they occurred next to residential areas.
Councilman Birer stated that he did not see the reality of Edison
Company literally moving its utility lines, and perhaps verbage could be
directed to encourage every attempt at preserving the area.
CC MINUTES
September 4, 1985 ,.; ,y
Page 4
5. SPHERE AREA - GENERAL PLAN AMENDMENT (Continued)
Planning Director stated that in his opinion aesthetic interests of the
community have never been a high priority with the PUC relative to this
corridor, and "attempt" wording would not permit much teeth to protest
future corridors, and he believed there will probably be a second set of
towers through the area once the company proceeds with the Devers
project,
Mr. Hitchcock stated that in his opinion the PUC has changed its (101 )
receptiveness to the concerns of the public, but the question becomes
one of where and what is the design for, the utility, not whether it
should go in; that in his opinion there will be more lines in the area
and if the City takes a position of "No", the PUC is charged with the
responsibility and will have to approve the location in some 'fashion.
Mayor stated that, realistically, there will be additional lines, and if
those could be routed through the forest (Morongo Indian area) , the pass
area would be better preserved.
Councilman Smith stated that if the company wants to build additional
lines, the City Council will have the opportunity to comment, and it
wants to continue that opportunity be heard, and a change of language
would be saying it is for, or against, any particular utility line.
Following discussion, it was moved by Birer, seconded by Maryanov, and
unanimously carried, that this matter be continued, pending revised
language to the degree that any utility corridor to he located in this
area shall be located in such a manner to preserve scenic vistas.
PUBLIC COMMENTS:
a) Holden Connor, member of SENCA, thanked the Council for its
courage in terms of the Convention Center project.
b) George Goldberg, 1445 "Cesspool", stated that the City is dis-
criminating against him ,and stated that there are ten code viola-
tions around the neighborhood of the Mayor, and referred to one of
his neighbor's code violations as a whitewash.
c) Fred Razzar, comments relative to TTM 18087 (see item 20) .
LEGISLATIVE ACTION:
6. COACHE_LLA VALLEY JOINT POWERS INSURANCE AUTHORITY
Recommendation: That the Council approve entering into a JPA with
member agencies of CVAG to create the CV Joint Powers Insurance
Authority, Agreement #2235.
Assistant City Manager highlighted report of Risk Manager and stated (123)
that the first project will be the issuance of Worker's Compensation,
followed by general liability, and may result in greater buying power,
in which the City may wish to participate, however, participation is not
mandatory; that the Risk Manager should be designated as the City' s
authorized representative on the Board of Directors, and the City
Manager designated as the alternate.
Resolution 1.5624 approving the JPA was presented, after which, it was
moved by Marvanov, seconded by Birer, and unanimously carried, that
Resolution 15624 be adopted and that the Risk Manager be appointed as
the City's authorized representative and the City Manager be its alter-
nate, as recommended.
CC MINUTES
September 4, 1985
Page 5
7. WECS 49 - SPHERE OF INFLUENCE (SEAWEST)
Recommendation: That Council recommend denial of WECS 49 and Zone
Change 4303 for 32 generators between West Garnet: and Indian Avenue, in
Section 16.
Planning Director reported that the Planning Commission was of the (12'
opinion that the County should complete its study before any positive
action is taken on this project, and that denial should be recommended,
or as an alternative„ the matter continued, with City concerns
expressed, and the noise study be completed first. He stated that the
Commission did not believe that it was appropriate, yet denial seemed
drastic. He stated that an alternative might be denial without pre •
judice, recognizing cumulative noise problems.
Councilman Smith stated that he would support a continuance, however, it
would be stretching the point to talk about cumulative effects without
first having seen the study, and the City must maintain its credibility
and not simply deny the project.
Councilman Maryanov stated that it was not a question of individual
likes, but rather problems associated with the uses, of which noise is
one, and that there are many unanswered questions and potential
problems, and the study should be done before conclusions are reached.
Councilman Birer noted that there is also a question of how long the
continuance should be, considering whether WECS are on both sides of
this project.
It was moved by Smith, seconded by Birer, and unanimously carried, that
the Council recommend to the County a continuance of item pending corn•-
pletion of its noise study.
8. MUNICIPAL CODE AMENDMENT -- MASSAGE (Introduction 7-:31-85)
City Clerk read title of Ordinance 1248, amending the Municipal Code
regarding massage establishments and massagists; after which, it was
moved by Foster, seconded by Maryanov, and unanimously carried that
further reading be waived and Ordinance 1248 be adopter]. (10
CONSENT AGENDA:
9. Minute Order 3624 awarding contract to R.W. Ohms Electric for Sunrise
Plaza parking lot lighting and fixtures around the Plaza, in amount of (11
$52,577, Resolution 15625 budget amendment to provide funds, CP 84-•21, 61
Agreement #2236.
10. Resolution 1.5626, 15627, 15628, 15629 and 15630 approving Payroll (86
Warrants and Claims & Demands.
11.. Minute Order 3625 approvinq eight-month agreement with Nancy Watt, for
planning, promoting, coordinating and hosting special events and pro-
grams for the Library, in amount of $7,650 (Library Trust Fund project) (9S
Agreement #2237.
12. Minute Order 3626 approving agreement with Sally McManus for 1985-86
seasonal operation of Historical Society Museum and Cornelia. White House, (9
in amount not to exceed $9,630, Agreement #2238.
13. Resolution 15631 approving design concept for street furniture (bench,
planters, and trash receptacles) for property located City-wide. (1
14. Resolution 15632 approving 12--month time extension for TTM 1.8329 for
property on Gene Autry Trail , north of Ramon Road - Equitec 80/Mainiero (1
Smith Inc.
15. Resolution 15633 approving TPM 20326 for property located at Desert
Fashion Plaza for lot re-configuration - Sanborn/Webb. (
CC MINUTES '
September 4, 1985 t•.i t
Page 6
CONSENT AGENDA; (Continued)
16. Minute Ord 3627 ratifying emergency purchase of three police vehicles (84)
from Downtown Ford, Sacramento, in amount of $29,874.72.
17. Minute Order 3628 awarding bid to purchase slurry seal aggregate to
Beaumont Concrete in amount of $6.40 per 'tone (136)
18. Minute Order 3629 awarding bid to purchase asphalt rubber crack-sealing
material to Crafco of California, Santa Ana, in arrnount of $.213 per• (136)
pound.
19. Minute Order 3630 awarding bid to purchase slurry seal asphalt emulsion
to Western Emulsions in amount of $154 per ton. (136)
It was moved by Birer, seconded by Smith, and unanimously carried, that
Resolutions 15625 through 15633 and Minute Orders 3624 through 3630 be
adopted.
20. TENTATIVE TRACT MAP 18087
Recommendation: That the Council approve TTM 18087 for property on
Bogert Trail east of Palm Canyon Wash, being a 51 lot subdivision
KWL/Andreas Hills, Inc.
(1137 )
Fred Razzar, during the public comment portion of the meeting, on behalf
of the developer, expressed concern relative to his understanding of the
Council discussion at the study session that it may require dedication
of land between the flood channel and the mountains., which in his
opinion would mean abandoning the usefulness of the land adjacent to it,
and requested approval of the map as submitted with dedication of flood
channel and right-of-way as shown.
Director of Community Development, in reviewing his report, stated that
the project has substantial flood control easements through the center
of the property; that the Council previously said there should not be a
dike on the south side and the area should not be filled behind such a
dike; that the proposed map shows a large parcel for that area; that an
80 ft. right-of-way, as shown on the General Plan is proposed for a
secondary access into the Palm Hills area, and if it is given up and
later needed, the City would be precluded from getting the right-of-way
as part of future development; that the alignment has been requested,
but there is a question as to its location; that at the study session,
the Council indicated that it wanted the area dedicated and left in open
space; that the piece is approximately 28 acres; and that Mr. Razzar
indicated they cannot comply with that condition. He stated that the
developer would not be able to proceed on the large parcel without prior
approval .
Mr. Razzar stated that the road shown to the large parcel is there at
the request of the City Council since the map originally showed access
going over the "hump", which represents a request for redesign by the
Council when the map was originally presented with Planning Commission
recommendation for road at the edge of the dike.
He stated that 28 acres is all that remains after dedication and that
the developer is not asking for an improvement, since he does not know
what he wants to do with it in the future.
Councilman Foster stated that his concern is to prevent damming of the
area and utilization on the mountainside, and if the Council wants to
preserve the wash in open space, now is the time to do it; that the area
is not useable; that the developer could possibly have tax advantages
through its dedication.
11
`' '�`�"CC MINUTES
September 4, 1985
Page 7
20. TENTATIVE TRACT MAP 18087 (Continued)
Mr. Razzar stated that the City should perhaps buy the property if it
feels so strongly about it; that the property was R-2 when it was in the
County and could have had 80 units on it; that. 60 were requested for
which the Planning Commission approved an additional cut to 40 units;
that the development has been for the full consideration of the land and
aesthetics, that a dike in the area was imposed on them because of
adjacent developments and that if approval of the map is contingent on
that condition, then he would request denial ,
Councilman Foster stated that this project will set a pattern for the
entire area to Araby.
Mayor stated that the wash ends at the mountain, which then rises
drastically, and that he did not feel that a development could occur at
that point and that perhaps the Council should meet with the developer.
Planning Director stated that there is an approved tentative map for the
property, and phasing is as follows: Phase, 1 unit, phase, 4.0 units,
phase, 10 units; that the developer can have only one residential unit
on the one large piece, and it would be subject: to Planning Commission
approval ; and that the road was to be offered as the 80 foot right-of-
way, and the ultimate improvement would be taken from it.
Director of Community Development stated that the single parcel needs
the access, and the full width would be developed in conjunction with
development of Palm Hills.
Councilman Foster questioned the dry-weather crossing and future
allegation that diking is needed to preclude flooding; and dedication of
the area as open space would prevent such an allegation; and he
supported approving a revised map subject to dedication of the flood
plain, back to the toe of the mountain, of the one lot, with an 80 foot
easement leading to that lot from Bogert Trail .
Following discussion, 'Resolution 15634 approving the revised map subject
to the additional condition that dedication of the referred to area in
the flood plain to the toe of the mountain and the 80 Moot easement
leading to the lot from Bogert Trail be required, was presented; after
which, it was moved by Foster, seconded by Smith, and unanimously
carried, Birer voting no, that Resolution 19634 be adopted.
21. PD-147 - REVISED PLANS - SECOND STORY RETAIL
Recommendation: That the Council approve final revised plans for PD-147
for second story retail addition to the Desert Fashion Plaza.
Director of Community Development stated that questions were raised at (11
the last study session about the status of the kiosks and the sculpture
garden, and the Redevelopment Director recommended that this matter be
continued because there is no final resolution to those two concerns.
He stated that a revised resolution had been provided which required
condition of certified fire engineer to approve the tie-in of the second
story structures.
Mr. Osbourne, representing the DeBartolo Corporation, stated that he
agreed with the condition relative to the fire engineer, and concerning
other matters, the corporation is talking with two consultants about
procuring sculptures for the facility and those will be available when
the project opens, and they are working on a long term aspect. I-le
stated that the corporation has worked with the museum and is keeping it
apprised of its direction. He stated that it may appear that the pro-
ject has been dragging., but the corporation is' committed and wants to
see the sculpture area done correctly, and hopes to give a progress
report soon. In response to question by Council , he stated that a
report would be forthcoming by September 25, 1985.
CC MINUTES
September 4, 1985
Page 8
21. PD-147 - REVISED PLANS SECOND STORY RETAIL (Continued)
Councilman Smith also requested that Mr. Osbourne look into the quality
of the plaster related to the Bank of America portion of the project.
Mayor stated that he would contact Mr. Osbourne rela%iive to discussion
concerning the kiosks.
(716)
Resolution 15635, as revised, was presented approving the revised
planned development plans; after which, it was moved by Birer, seconded
by Foster, and unanimously carried, that Resolution 15635 be adopted.
22. FINAL TRACT MAP 16581-3
Resolution 15636 approving FTM 16581-3 for property on Racquet Club Road
between Hermosa Drive and Paseo De Anza, Section 2, Mainiero/Dennis
Martin, was presented; after which, it was moved by Smith, seconded by (137)
Birer, and unanimously carried, that Resolution 15636 be adopted, Ayr #r`
2241.
23. PURCHASE OF FURNITURE
Minute Order, 3631 approving purchase of furniture to Total Plan, Inc. in
amount of $14,000.03 for City Yard offices was presented; after which,
it was moved by Birer, seconded by Maryanov, and unanimously carried,
that Minute Order 3631 be adopted. (84)
24. GENERAL UNIT CLASSIFICATION STUDIES
Minute Order 3632 approving proposal of Ewing and Associates to conduct
a classification study of the positions in the General Unit, Police
Safety Unit, Fire Safety Unit and Confidential Unit in the amount of
$25,000, Agr #2240, was presented; after which, it was moved by
Maryanov., seconded by Birer, and unanimously carried, that Minute Order (110)
3632 be adopted.
25. AIRPORT MASTER PLAN UPDATE - AIP-05 GRANT
Recommendation: That the Council accept an FAA grant offer in the
amount of $225,000 for the Master Plan Update, Noise Study completion,
Airport Financial Plan, and Terminal System Analysis program completion. (51 )
Councilman Foster stated that he would like Isbill Associates to
consider future expansion of the car, rental area as a long-range expan-
sion for the terminal .
Resolution 15637 approving the grant, Agr #2239 was presented; after
which, it was moved by Foster, seconded by Maryanov, and unanimously
carried, that Resolution 15637 be adopted.
26. CONVENTION CENTER DEVELOPMENT AGREEMENT
Resolution 15638 approving modification of development agreements rela-
tive to the Convention Center to reflect that the developer shall
consist of Trammell Crow, G&H Interests, Inc. , SENCA or, their respective
affiliates, and that all previously approved documents relating to the
development and financing of the Convention Center and Headquarters (139)
Hotel Project shall reflect the modified definition of the developer, & 124)
and the Wyndham Hotel Company shall be the initial operator- of the Head-
quarters Hotel , was presented; after which, it was moved by Birer,
seconded by Foster, and unanimously carried, Maryanov and Smith
abstaining, that Resolution 15638 be adopted.
ik MINUTES
September 4, 1985
Page 9
27. COMMISSION APPOINTMENTS
Mayor announced his appointment of Curt Ealy to serve a one year term on
the Planninq Commission, succeeding Rick Service, ending 6/30/86 and
Lester Shaw to serve an unspecified term on the Board of Appeals to fill
vacancy which he previously created; after which, it was moved by Smith,
seconded by Bogert, and unanimously carried, that said appointments be (6C
approved.
REPORTS & REQUESTS:
28. FRANCHISE REPORT
a) Warner, $24,904.90 for period ended June 31"I., 1985 was received and (89
ordered filed.
29. DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Library Board of Trustees, 1984-85. (99
30. COUNCIL REPORTS AND REQUEST
a) Councilman Foster• requested a status report on traffic signal
retrofitting.
31. PUBLIC REPORTS OR REQUESTS - None
a) Mary Green, 1050 West Ilia Altamira expressed her opinion that not
everyone considers Desert Museum's input- all that important in
terms of sculptures, in connection with the Desert- Fashion Plaza.
b) Deyna Hodges, 2122 East Baristo Road, stated that if the Chamber•
of Commerce is not interested in operating the kiosks in
connection with the Desert Fashion Plaza, perhaps the City Council
may wish to offer it to other organizations which might have an
interest.
c) In answer to question by Tuck Broich, Councilman Maryanov stated
that he was a member of the committee which reviewed the Ewing
report for the Convention and Visitors Bureau, and both he and the
other Councilmember, Mr. Birer, were satisfied with the report,
although the CVB may not have been.
32. STAFF REPORTS OR REQUESTS - None.
ADJOURNMENT
There being no further business at 10:20 p.m. , Mayor declared the
meeting adjourned to Tuesday, September 10, 1985 at 3 p.m. in the Large
Conference Room at City Hall .t•- JUDITH SUMICH
City Clerk