HomeMy WebLinkAbout9/18/1985 - MINUTES CITY OF rAt'M SPRINGS
CITY COUNCIL MINUTES
SEPTEMBEIR 18, 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, September 18, 1985, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Birer, Foster, Maryanov, and
Smith
Absent: None
The meeting was opened with the salute to the Flag and a moment of
silence.
COMMUNITY REDEVELOPMENT AGENCY: No business
HOUSING AUTHORITY: No Business
PRESENTATION OF PLAQUES:
Mayor pro tem presented Employee Recognition Awards to Henry
Weiss, Community Services; Ken Feenstra, Redevelopment; and
Cliff Graham, General Operations. (74)
Plaque was also presented to Oscar Berris, Rent Review
Commission; and plaques to be mailed to former
board/commissioners: Joseph Pinzone and Marvin Wade, ' Personnel
Board.
APPROVAL OF MINUTES:
It was moved by Birer, seconded by Smith, and unanimously
carried, that the Minutes of August 7, 20 & 21 , 1985 be
approved.
PUBLIC HEARINGS:
1 . P.D. 147 (CASE 5.0275) - MAXIM'S SIGN APPEAL
Consideration of appeal by DeBartolo Corporation, representing
Maxim' s de Paris Suite Hotel , from Planning Commission restudy
of the proposed hotel sign.
Planning Director reported that the Commission considered
the sign in terms of shape, location and integration with
the hotel ; that a revised plan was submitted which has not
been seen by the Planning Commission, which is 4' x 6' and
meets the general parameters of the Sign Ordinance, and is (116)
undersized for a hotel of its size.
Mayor declared the hearing opened.
David Hath, Horwitz & Swift, representing the developer, stated
that the trellis shape has been captured, and the size has
been substantially reduced.
In answer to question by Council , Tom Milner, DeBartolo
Corporation, stated that they do not want to design for a
relocation, because it would affect the landscaping and
structure of the sign ; that they are willing to return to
the Planning Commission, however, they felt the issue with
the Planning Commission was location and not just size; that
the Commission did not have a problem with the location on
the first two occasions that it saw the plans, but rather the
size, and now the key issue with the Commission is the location ;
that the logo portion of the sign is the same size, and repre-
sents the Corporation' s logo throughout the world.
Council Minutes ;]
9-18-85 Page 2
1 . P.D. 147 - MAXIM'S SIGN APPEAL (Continued)
Director of Community Development reported that the revised
sign meets standards, but reduced to a size which has not
been seen by the Planning Commission ; and that the matter
can be returned to the Commission for review, with a
recommendation by the Council for approval , or other comment. (116)
Mr. Milner stated that the sign has been reduced to a minimum,
but they would prefer it to be a little larger, 5, feet
rather than 4% feet.
There being no further appearances, the hearing was closed.
It was moved by Birer, seconded by Smith, and unanimously
carried, Bogert absent, that this matter be returned to the
Planning Commission with a recommendation for approval of
the location, and a sign at 5z feet; and the appeal be continued
pending Planning Commission action.
2. AA CASE 3.692 - APARTMENT COMPLEX CARPORTS
Consideration of appeal by Howard Lapham, representing
Yoder-Shrader, from Planning Commission decision of restudy
for the addition of metal carports for 80-unit apartment complex
on Francis and Racquet Club Road.
Planning Director reported that this matter was reviewed at (111 )
the last study session; that application was submitted for
carports, in order to improve marketing of the project, and
is riot a requirement of development; that the pre-tabs material
has been used throughout the city in various architectural
situations ; that the Planning Commission recommended a restudy,
to revise design to fit into the overall project design. He
stated that the architects on the AAC were split in voting
on this matter. In answer to question by Council , he stated
that perhaps stucco panels and glue-lam beam fascia might
be used; and that the pre-fab are very sturdy, economical ,
and contemporary in design.
Mayor declared the hearing opened.
Howard Lapham, 577 E. Sunny Dunes, shared his view of archi-
tectural consideration of the project and early requirements
for redesign, and favorable comments about using the carports
in other areas; and stated that there will be landscaping,
and the carports will not be seen, and he believed they should
be mandatory for all apartments, since it combines need for
shade with landscaping.
There being no further appearances, the hearing was closed.
Councilman Smith stated that he looked at the carports at
the Palm Villa and did not find anything wrong with the appear-
ance; that the structures are sturdy, durable, and coupled
with landscaping, are clean and simple, and is something which
should not be discouraged.
Councilman Bi rer stated that this kind of amenity is an asset,
and he did not see anything wrong with them; and that they
may look raw at the beginning, but with mature landscaping,
there is no objection.
Council Minutes
9-18-85 Page 3
2. AA CASE 3.692 (Continued)
Councilman Foster stated that the Planning Commission is
objecting to the design and lack of integration with the
architecture.
Mr. Lapham stated that the carports are 'Free-standing in the
same manner as two other projects, and have the appearance
of a sculptured awning. (111
Councilman Smith noted that the architects on the committee
were also split in their views.
Councilman Birer stated that the developer has apparently
gone back and forth and has tried to work out an acceptable
project; that since this is not a requirement of parking,
that he believed it should be considered From a policy stand-
point, and he would be willing to uphold the appeal and approve
the structure as designed.
Councilman Maryanov stated that the key is the fact that the
architects were 'in disagreement,; that he believed there was
no disagreement about the need for shade; that he supported
protecting the ambiance, but in making a judgment call in
this case, he favored the developer.
Motion was made by Birer and seconded by Smith to uphold 'the
appeal and approve the structure as designed.
In answer to question by Council , Planning Director stated
that staff did not have any objections, in general , but the
design elements should go together; and without changing the
basic structure or adding a lot of costs to the project, minor
elements could be added to more closely match the character
of the project.
Motion by Birer, seconded by Smith, above described, failed
to carry by the following vote:
AYES: Birer
NOES: Foster, Maryanov & Smith
ABSENT: None
Councilman Foster stated that the design appears "spindly"
and it would not take much to give it more bulk to match the
Spanish character of the building.
Discussion ensued as to procedure for accomplishing the desired
result, i .e. , developer working with staff to achieve minor
changes, or referring matter back to the Planning Commission.
Director of Community Development stated that staff could
work with the developer, and the matter• would riot have to
come back to the Council , or that revised elements could be
taken to the AAC and Planning Commission at their intervening
meetings, and the appeal returned to the Council on October
2, 1985.
Following discussion, it was moved by Foster, seconded by
Birer, and unanimously carried, Bogert absent, that this matter
be returned to the AAC and Planning Commission for reconsid-
eration, and that the appeal be returned to the Council on
October 2, 1985 for action.
COUnC11 Minutes
9-18-85 Page 4
PUBLIC COMMENTS:
a) Jeremy Crocker, 330 W. Arenas Road, stated that regarding
Item 8, relative to waste disposal franchise fee will
be paid through rates to residents; regarding Item 6,
that since the budget review, the City has received
$500,000, and in his opinion the budget deficit is a paper
shuffle from one year to another; that his estimate is
there is a $179,000 surplus, plus the $500,000; and language
should be tightened when discussing Items 116 and #8, in
terms of the City' s financial picture.
b) Howard Lapham, 577 E. Sunny Dunes, expressed his views
concerning the Architectural Advisory Committee, stating
that it has cost the taxpayers in the longrun; that it
takes 50% of the Planning Staff to support the committee;
that the committee is biased, and tears apart in minutes (60)
what an architect has spent months in developing; that
there are other means of achieving the same end; and that
the architectural review process should be examined. He
stated that he will present a formal suggestion for
improvement.
c) Deyna Hodges, 2122 E. Baristo, questioned if the increase
in the development tax was related to the decrease in
building activity from last year.
City Manager stated that it was known that building activity (140)
would be scaled considerably, since another project the
magnitude of the Desert Fashion Plaza was not anticipated;
and although the projections were conservative, building
is still down the first quarter of this year.
LEGISLATIVE ACTION:
3. COUNTY WIND MONITORING
Recommendation: That the Council endorse findings and
recommendations of the County Wind Implementation Monitoring
Program, and the Board of Supervisors refer it for appropriate
County Code amendments. Planning Director noted this item
was reviewed at the study session, and indicated support of
the program.
(123)
Resolutions 15639 and 15640, supporting proposed County
Ordinance amendments to regulate noise impacts generated by
WECS, and supporting findings and recommendations of the WIMP
and same be referred to County Planning Staff for appropriate
ordinance amendments, were presented; after urhich, it was
moved by Smith, seconded by Birer, and unanimously carried,
Bogert absent, that Resolutions 15639 and 15640 be adopted.
4. P.D. 153 - SHADE STRUCTURES
Recommendation: That the Council approve a portion of final
development plans for driving range shade structure for the
Mesquite Country Club.
Planning Director reported that this matter was reviewed at (116)
the last study session, and stated that the design ties in
with the architecture, and will hold up over a period of time,
with regular maintenance.
Resolution 15641 approving final plans, as recommended, was
presented; after which, it was moved by Foster, seconded by
Birer, and unanimously carried, Bogert absent, that Resolution
15641 be adopted.
440
Council Minutes
9-18-85 Page 5
5. GPA - SPHERE OF INFLUENCE PLAN
On September 4, 1985, Council continued consideration of
proposed amendment to the General Plan for approximately 32
sq. mi . north of Palm Springs, within its sphere of influence,
pending clarification of language regarding utility corridors.
Planning Director reported that revised language was reviewed (101
at the last study session, as shown in the supplemental report LND I
of Director of Community Development, which allows a compromise
with the SCE position and maintains the City' s position to
maximize solutions in the Snow Creel< area.
Councilman Birer stated that he had suggested alternative
language, and the revision is satisfactory.
Resolution 15642 approving GPA, as revised, was presented;
after which, it was moved by Birer, seconded by Smith, and
unanimously carried, Bogert absent, that Resolution 15642
be adopted.
6. MUNICIPAL CODE AMENDMENT - NEW CONSTRUCTION TAX INCREASE
Recommendation: That the Council amend the Municipal Code
to increase the new construction tax from 30¢ per square foot
to 40¢ per square foot.
City Manager stated that if a CPI formula was applied to the (140)
tax since its inception in 1972, the rate would be 39�; that
the last increase, to 30ih, was in 1978, and if the formula
was applied to that amount, the rate would be 49¢; that the
CPI has been used as a basis for rate increases in other
matters, and hopefully that will continue in the future given
particular revenue/expenditure picture now; that there is
a difference of opinion as to the budget deficit, and he has
not seen anything to dispute that the amount will be $1 .7
million; that nothing has been said that the financial picture
will be in the red; that outside of enterprise funds, the
operating funds will decline by that amount; that other things
will happen and projections will change, e.g. , the extension
this year of Revenue Sharing, but it will end next year -
FLSA applies and there are costs related thereto; that operating
funds will be less at the end of this year, but that cannot
continue next year or into the future.
Building & Safety Director stated that: the increase was
discussed at the last study session ; and noted that some cities
base the tax on a percentage of value, rather than square
footage, which increases annually; that the proposed increase
will result in an additional $115,000; that the increase is
not recommended simply because building activity is down,
that revenue projections were based on $3.5 million average
monthly activity, and that is being exceeded.
Councilman Foster stated that the tax is not a deterrent to
building, and the tax is below that of other communities in
the Valley; and since it was adopted, the funds have served
the public and has been money well spent.
Councilman Birer stated that from a standpoint of fiscal
responsibility, revenues must be found, and this is a good
way to achieve that end.
Councilman Smith noted that a study has been requested to
compare certain development costs to assess whether they are
deterrents, or are counterproductive, to fullfilling housing
needs.
441
Council Minutes
9-18-85 Page 6
6. NEW CONSTRUCTION TAX (Continued)
City Manager stated that the City' s value has been to protect
tourists and existing residents from the impacts of growth
not of their own causing, through fees to minimize that impact;
but that must be watched in order not to discourage new growth.
City Clerk read title of the Ordinance, as follows: (140)
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 3.94.020 OF THE PALM SPRINGS MUNICIPAL
CODE, REVISING NEW CONSTRUCTION TAX LEVELS.
It was moved by Birer, seconded by Foster, and unanimously
carried, Bogert absent, that further reading be waived, and
the Ordinance be introduced for first reading.
7. AIRPORT RULES & REGS - PORTAGE FEES
Recommendation: That the Council approve Chapter IV of the
Airport Rules & Regulations entitled, "Portage Fees. " Director
of Transportation reported that this matter was reviewed at
the last study session, and stated that there was no opposition
submitted to the Airport Commission to the regulations.
Resolution 15643 approving Chapter IV, as recommended, was (51 )
presented; after which, it was moved by Foster, seconded by
Birer, and unanimously carried, Bogert absent, that Resolution
15643 be adopted.
8. WASTE DISPOSAL SERVICES CONTRACT AMENDMENT
Recommendation: That the Council approve amendment to the
Waste Disposal Services Contract (Agr #1298) relative to rates,
term options, and imposition of a franchise fee.
City Manager stated that the Company will absorb the franchise (148)
fee, and it will not be passed to existing rate payers.
Director of Transportation highlighted the recommendation,
and reported that the option in 1992 is bilateral ; that the
dump fee pass-through is automatic for the lire or the contract;
and all terms continue.
Resolution 15644, approving Amendment #2 to Agr 1298, and
Resolution 15645, approving fee increases; and Resolution
15646, authorizing City Manager to approve required automatic
fee increases, were presented; after which, it was moved by
Smith, seconded by Birer, and unanimously carried, Bogert
absent, that Resolutions 15644 through 15646 be adopted.
9. AIRPORT - CAR RENTAL PARKING AREA EXPANSION
Recommendation: That the Council award contract to Massey
Sand & Rock Co. , in amount of $64,481 . 50, for expansion of
the car rental parking lot (CP 85-20, Agr fr2242) . Report (51 )
highlighted by Director of Transportation.
Minute Order 3633 awarding contract, as recommended, was
presented; after which, it was moved by Birer, seconded by
Smith, and unanimously carried, Bogert absent, that Minute
Order 3633 be adopted.
A 42 Council Minutes
9-18-85 Page 7
10. AIRPORT HOTEL - TAX EXEMPT BONDS
Recommendation: That the Council adopt inducement resolution
to indicate intention to issue tax exempt bonds, in amount
not to exceed $10 million, on behalf of R.B. McComic, Inc. ,
for the Airport Hotel Project. Report highlighted by Economic
Development & Housing Coordinator, who noted that the proposed (51 )
resolution was revised to reflect minor change in terms of
the taxing act under which bonds would be issued, since that
has not been determined by legal counsel .
In answer to question by Council , the Coordinator stated that
the Council is not obligated to issue the bonds, until it
is satisfied in all respects, and there are no costs to the
City.
Resolution 15647 providing inducement, as recommended, was
presented; after which, it was moved by Smith, seconded by
Birer, and unanimously carried, Bogert absent, that Resolution
15647 be adopted.
CONSENT AGENDA:
11 . MO 3634 approving agreement with KWL Associates, Inc. , for engi-
neering design and surveying for street improvements in the (136)
Highland-Gateway neighborhood, in amount of $14,100, to be funded
through CDBG Funds, Agr #2243.
12. MO 3635 waiving formal bid process and approving purchase of
roof coating material from 3E West, in amount of $13 per gallon, (117)
plus tax.
13. MO 3636 awarding purchase of a 3-reel mower and a 72-inch rotary
mower to Pacific Equipment & Irrigation, in amount of $15,881 .98. (84-)
14. MO 3637 awarding purchase of a mobile asphalt recycler to
Clairemont Equipment Rental , only bidder, in amount of $12,688.20. (84)
15. MO 3638 awarding purchase of audio-visual equipment for police
department, from Photo & Sound Co. , in amount of $12,988.40. (113)
16. Res 15648 accepting grant of easement for open space and
recreation purposes from Mesquite Country Club (P.D. 153) . (109)
& 116
17. MO 3639 awarding purchase of common rye grass seed to Valley
Turf 8, Irrigation Supply, Inc. , in amount of 19¢ per pound, (84)
plus 'tax.
18. MO 3640 awarding purchase of perennial rye grass seed to Larry (84)
Fricker Co. , Inc. , in amount of $615 per pound, plus tax.
19. MO 3641 approving agreement with A.J. Parry & Associates, to
provide consulting services related to airline negotiations, (51 )
in amount of $16,500; and Res 15648A amending the budget to
appropriate $9,500, therefore, Agr #2244.
20. MO 3642 waiving formal bid process, and approving purchase of
playground equipment from Hanson Associates, in amount of $8,884. (109
21 . MO 3643 rejecting bids received August 5, and awarding re-bid
for purchase of tree trimming services to Economy Tree Service, (136
in amount of $15.75 per tree.
Council Minutes
9-18-85 Page 8
22. Res 15649 and 15650 approving Payroll Warrants & Claims & Demands. (86)
23. MO 3644 approving Amendment #5 to Agreement #i1518, with Golden
West Building Management Co. , for custodial services, to extend
the current monthly rate through August 11 , 1985, and establishing (117)
new monthly rate of $9,982.45, effective August 11 , 1985, until
cancelled or amended.
24. Motion concurring in CRA Res 356 through 359. (124)
25. MO 3645 awarding contract to Massey Sand & Rock Co. , for recon-
struction of Tahquitz Way, from Indian Avenue to Museum Drive, (136 )
in amount of $121 ,120. (CP 82-65, Agr #2245) .
26. Res 15651 , 15652, and 15653, approving FTM 17430, 17430-2 and
17430-3, for property on Avenida Caballeros, north of Amado (137 )
Road, Section 14, Hacker/Kenneth F. Irwin.
It was moved by Smith, seconded by Birer, and unanimously
carried, Bogert absent, that Resolutions 15648 through 15653,
Minute Orders 3634 through 3645 and motion enumerated in Item
25, be adopted.
27. PM 20623 - DJORDJEVIC
Recommendation: That the Council approve FPM 20623 for property
generally bounded by Jacaranda Road, Araby, Palm Canyon Wash,
and south of Rim Road (Southridge area).
In answer to question by Council , Director of Community Develop-
ment reported that map divides three existing lots into two,
one of which will serve as the lot for 'the existing house;
that the remaining parcel is zoned W and W-R-1-A for the area
north and west of Rim Road, and the hillside portion is zoned
0-20; and that the fill dirt on the lower portion was placed
on the property as part of a project for clearing the bottom (116)
of the wash.
In answer to question by Council , City Attorney stated that
in terms of dedication of the property for open space, the
owner must have some viable use, and if a condition were placed
that the parcel could not be developed to any degree, for
all practical purposes, it could be held to have been inverse
condemnation.
Director of Community Development stated that the map serves
to recombine from three to two lots ; and that perhaps a clearer
map should be provided.
Councilman Birer also requested information as to the history
of the property.
It was moved by Foster, seconded by Birer, and unanimously
carried, Bogert absent and Maryanov abstaining, that this
matter be continued to October 2, 1985, pending new map and
historic information.
28. PERSONNEL CONSULTANT
Recommendation: That the Council approve agreement with John
Prindeville, to serve as interim Personnel Director on a
contractual basis, at $3,689 per month, plus mileage, pending
recruitment and selection to fill permanent position (Agr
#2246) . This matter was reviewed at the last study session, (110)
and no further report was given.
xf Council Minutes
9-18-85 Page 9
28. PERSONNEL CONSULTANT (Continued)
Minute Order 3646, approving Agreement as recommended, was
presented ; after which, it was moved by Birer, seconded by (110)
Foster, and unanimously carried, Bogert absent, that Minute
Order 3646 be adopted.
29. CITY FUNDING - TAX & REVENUE ANTICIPATION NOTES
Recommendation: That the Council authorize borrowing funds
for 1985-86 and the issuance of $2.725 mullion of 1985 Tax
and Revenue Anticipation Notes therefor, purchase contract,
official statement, and agreement with Jones, Hall , Hill &
White to provide legal services in connection therewith (Agrs (140)
2250 & 2249, respectively)
Director of Finance reported that a temporary shortfall in
cash balances is projected to occur in November, 1985, because
the first significant receipt of property tax proceeds from
the County will not happen until December, and that expend-
itures will exceed revenues for the first few months of 1985-86.;
that Tax and Revenue Anticipation Notes -is a financing tool
available to the City, and will result in eliminating the
temporary shortfall and provide $70,000 toward the overall
budget problem facing the City.
Resolution 15654, approving actions, as recommended, was
presented ; after which, it was moved by Smith, seconded by
Birer, and unanimously carried, Bogert absent, that Resolution
15654 be adopted.
REPORTS & REQUESTS:
30. DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Treasurer' s Monthly - May, 1985 (121
31 . CITY COUNCIL reports or requests - None
32. PUBLIC reports or requests - None
33. STAFF reports or requests - None
34. CLOSED SESSION REPORT:
City Attorney announced, for the record, that the Council
in recent Closed Session, approved and entered into Settlement (123
Agreements with San Gorgonio Farms, Inc,. and Sandberg Wind
Corporation (Agrs #2247 and #2248. )
ADJOURNMENT
There being no further business at 9:20 p.m. , Mayor declared
the meeting adjourned.
JUDITH SUMICH
City Clerk