HomeMy WebLinkAbout10/2/1985 - MINUTES CITY OF PALM SPRINGS '
CITY COUNCIL MINUTES
OCTOBER 2, 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, October 2, 1985, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Birer, Foster, Maryanov, Smith
and Mayor Bogert
Absent: None
The meeting was opened with the salute to the Flag and a moment of
silence.
COMMUNITY REDEVELOPMENT AGENCY & HOUSING AUTHORITY: The P'layor declared
the meeting adjourned for the purpose of convening as 'the Community
Redevelopment Agency and the Housing Authority.
APPROVAL OF MINUTES:
It was moved by Foster, seconded by Birer, and unanimously
carried, that the Minutes of September 4 '1 10, 1985 be
approved.
COUNCIL COMMENTS - None:
PUBLIC HEARINGS: None
PUBLIC COMMENTS:
a) Carolyn Toenjes, read a statement prepared by Sandy
Carmichael , #10 Snow Creek Road, submitting petition
signed by 1096 citizens opposed to an OHV park and all (109)
off-road vehicle activity at Windy Point, as well as
two photographs of the De Anza Cycle Park in Sunnymead,
copies of which are on file with the City Clerk.
b) Bill Diggs, resident, stated that he has had plans in
plancheck for six weeks, and has not received a first (140)
review response; and questioned application of the
increased new construction tax to his type of situation.
He stated that most cities provide a 1-2 week turnaround
time, and he understood there are 45-50 plans in for
review.
c) Diane Marantz, #6 Palomino, asked what the policy will
be for the coming season relative to overnight parking
of RVs at Sunrise Plaza, and protested competing with
private parks.
City Manager stated that the Council has a standing
policy relative to this matter, and it can be changed
as it chooses.
Director of Community Services reported that the
guidelines related to six events per year, which included
the round dance festival , and a number of Lrailer rallies
which were common, have been stopped.
d) George Goldberg, 1445 "Cesspool ," spoke in opposition
to retaining legal counsel from San Diego, and expressed
opinions concerning effectiveness and efficiency of
code enforcement.
Council Minutes
10-2-85 Page 2
LEGISLATIVE ACTION:
1 . WINDY POINT - FEASIBILITY STUDY CONSULTANT
Recommendation: That the Council approve agreement with
Edcon to perform a feasibility analysis of land use options
at Windy Point, in amount not to exceed $20,012.
Assistant to Director of Community Services reviewed her
report dated October 2, 1985, and stated that the proposals
ranged from $19,000-$45,000 and degrees of understanding
of the scope of the project; that the review committee,
consisting of residents, staff and Commission members,
utilized eleven criteria, and initially were split on the
recommended selection, but worked through additional
perspectives to reach its conclusion; that the study consists (109
of three phases, and should be completed by January 31 ,
1986.
In answer to question by Council , she stated that
"feasibility" is a term used by the State for grant purposes,
and the study is an analysis of land use options.
Minute Order 3647 , approving the agreement, as recommended,
was presented; after which, it was moved by Smith, seconded
by Birer, and unanimously carried, that Minute Order 3647
be adopted.
2. STATE LOTTERY
Recommendation: That the Council authorize submitting
licensed retailer application for the California State
Lottery.
Director of Community Services stated that this matter was (65)
reviewed in detail at the last study session, and that he
has made telephone calls, but is unable to determine, with
certainty, how much might be realized in revenue for the
City.
Councilman Bir•er stated that his objection relates to
enouraging economy in the private sector, and not competing
with it.
It was moved by Smith, seconded by Maryanov, and unanimously
carried, that the staff not proceed in this direction.
3. FPM 20623 - DJORDJEVIC
On September 18, 1985, Council continued consideration of
final parcel map 20623 to combine property on Araby Drive
and Jacaranda Road, Sec 25, pending clarification of lot
configurations.
Director of Community Development stated that representative (lir
of Djordjevic has said that the applicant is not interested
in dedication of the area in the wash at this time.
Councilman Maryanov stated that he would abstain because
of a client relationship.
4� fi
Council Minutes
10-2-85 Page 3
3. FPM 20623 (Continued)
In answer to question by Council , City Attorney stated that
the applicant' s right to build on the property would not
increase by this action, since it now exists if the "W"
prefix can be eliminated through flood protection; that
he did not have specific information on whether the fill
dirt on the property was done in such a manner as to permit
building on it, or if it was simply spilled on the site
as a place to put excess materials, in which case, building
would not be allowed without something else being done first,
e.g. , replace with compaction ; that if all compaction tests
were met, and the flood hazard removed, the City would be
hard-pressed not to issue a building permit. He stated
that it was a different matter as to how the fill got on
the property.
Councilman Foster supported preventing development because
the fill was illegally placed on the property.
In answer to question by Council , City Attorney stated that
the Council may impose any reasonable condition related
to the map, but the applicant does not have to accept it
and proceed with the map; that he believed the same result (119)
being sought could be accomplished without the map, but
through a lot line adjustment. He also stated that he
believed there exists an emergency access via Rim Road.
Councilman Smith stated that even if the map were not
approved, the problem would still exist if the applicant
wanted to build on existing Parcel #1 , and he would still
have to eliminate the flood hazard.
In answer to question by Council , Director, of Community
Development stated that the fill was not approved, but
happened when the Flood Control District re-worked the channel
after the flood in 1980, and the fill was stockpiled on
the site; and that he thought the City has the ability to
ask that it be removed and the wash dropped to its original
level .
Regarding Rim Road, Planning Director stated that a 40-ft
dedication for it is a condition of the Development Committee,
and the applicant has not objected; and that an offer for
dedication would be an option with the City.
Mr. Mainiero stated that the dedication is a condition of
development of Parcel #1 .
City Attorney stated that conditions may be imposed on the
tentative map, but once met, approval of the final map is
ministerial , and new conditions cannot be imposed which
were not part of the tentative map.
It was moved by Foster, seconded by Birer, and unanimously
carried, that this matter be continued to October 16, 1985,
pending clarification of imposing conditions.
L`t' "
Council Minutes
10-2-85 Page 4
4. MUNICIPAL CODE - NEW CONSTRUCTION TAX (Intro 9- 18-85)
City Manager stated that staff can explore whether there
are unusual circumstances or unreasonable delays, and possibly
provide credit in those instances.
Building & Safety Director reported that there are many
projects in plancheck, and developers were advised that
.5 if the foundation permit were obtained, the current tax 1(14.0�
would apply; and that Mr. Diggs was advised on the afternoon
of this date.
Councilman Maryanov stated that he would like -information
in the future as to whether there are unreasonable delays
in the process, per se.
Following discussion, under the circumstances stated, Council
directed staff that if relief could be granted
administratively to Mr. Diggs, that it should be done.
City Clerk read title of Ordinance 1249, as introduced;
after which, it was moved by Foster, seconded by Maryanov,
and unanimously carried, that further reading be waived,
and Ordinance 1249 be adopted.
5. DESERT MUSEUM BANNER
Recommendation: That the Council approve two special event
banners for the Armand Hammer Collection exhibit December
1 , 1985 to March 9, 1986. Report highlighted by Director
of Community Development.
Resolution 15655 approving the banners as recommended, was (131
presented; after which, it was moved by Maryanov, seconded
by Birer, and unanimously carried, that Resolution 15655
be adopted.
CONSENT AGENDA:
6. Res 15656 establishing policy re issuer' s fee for tax exempt (114)
bonds for private development.
7. MO 3648 waiving formal bid requirement, and approve sole source
purchase of a local government radio system, From Motorola (117)
Communications & Electronics, in amount of $121 ,953.63.
B. Res 15657 amending the Allocated Position & Compensation Plan
to provide a managerial reorganization within the Building Division (61 )
- deletes two building inspectors and adds an enforcement
supervisor; and Res 15658 amending the budget to reduce Building
& Safety activity accounts by $28,683.
9. MO 3649 awarding contract to Wilson Brothers Landscaping for
Phase I of the Indian Avenue landscaping plan, CP 85-09, Agr11 (136)
2252.
10. MO 3650 waiving formal bid requirements and approve purchase
of Bell & Howell Straightline Microfilm Processor from Bell & (84)
Howell , Riverside, in amount of $7,884.78.
11 . Res 15659 and 15660 approving Payroll Warrants and Claims & (86)
Demands.
49
Council Minutes
10-2-85 Page 5
12. Res --------recommending denial of WECS 69 & Zone Change 4536,
Zond Systems, Inc. , for property south of I-10, generally between (123)
Tipton Road off-ramp and Whitewater River.
It was moved by Birer, seconded by Maryanov, and unanimously
carried, that Resolutions 15656 through 15660 and Minute
Orders 3648 through 3650 be adopted, and thai: Item 12 be
continued to November 6, 1985.
13. AIRPORT TERMINAL MODIFICATIONS - CAR RENTAL & BAGGAGE CLAIM
Recommendation: That the Council approve agreements with
Ed Just && Associates, in amount of $8,250, for schematic
design services ; and with Don Wexler Associates, in amount
of 10% of construction costs, for architectural services
for design development through construction. Note: Relocation
of car rental counters to be submitted to the Council in
Spring, 1986. )C&D
Minute Order 3651 approving Agreements 2253 and 2254, with
Ed Just Associates & Don Wexler Associates, respectively,
was presented ; after which, it was moved by Foster, seconded
by Maryanov, and unanimously carried, that Minute Order
3651 be adopted.
14. P.D. 147 - MAXIM'S SIGN APPEAL
On September 18, 1985, Council referred recommendation to
the Planning Commission, and continued consideration of
appeal , pending Commission action.
Director of Community Development reported that the Planning
Commission reviewed the reduced sized sign, and again did (116)
not recommend approval because of the location; that the
reduced size was 4+ feet by 6+ feet, and although the
developer had requested a slightly larger sign on September
18, they have indicated that the smaller size would be
acceptable; and that the Planning Commission did not think
the monument related to the architectural style of the
building.
Councilman Foster stated that he visited the site, and
observed that the trellis color and shape match the monument
sign, and in his opinion appears integrated.
It was moved by Foster, seconded by Birer, and unanimously
carried, that the smaller size sign and location, as
presented, be approved.
15. AA CASE 3.692 - APPEAL
On September 18, 1985, Council referred recommendation to
the Planning Commission, and continued consideration of
appeal pending Commission action.
Director of Community Development reviewed his supplemental (111 )
report.
Councilman Maryanov stated that he visited the Casa Verde
project and had to make an effort to see the carports, and
questioned the degree of visibility for the subject project
site.
Councilman Birer stated that he thought the Casa Verde
approach was a good solution to the problem of providing
shade, and the applicant's proposal is the same.
Council Minutes
10-2-65 Page 6
15. AA 3.692 (Continued)
Councilman Foster stated that he wants to encourage providing
shaded parking, however, the Council has been critical of
the AAC and Planning Commission about some things, and has
expressed its desire to have well-designed projects ; that
if in the estimation of the AAC and Commission, this is
too industrial and could be more attractive with some
improvement and not a lot of costs., that would answer the
concerns of the Council ; and that he agrees 'that it looks
like it belongs in an industrial area, and he did not consider
the improvements unreasonable.
In answer to question by Council , Planning Director indicated
that the architects on the AAC were in disagreement on the
vote.
Councilman Maryanov stated that the issue is not shade
covering, rather the reasonableness with which it fits into
the project and how visible it is from the street; that
he believed the AAC recommendations are well meant and well
taken; and that he believed the devel''oper' s proposal is (III
within an acceptable range.
It was moved by Birer, seconded by Smith, and carried, Foster
voting no, and Bogert abstaining, that the design as submitted
be approved, subject to modifications enumerated in
appellant' s letter of September 27, 198,5, a copy of which
is on file with the City Clerk.
Councilman Smith suggested that the Council look at the
completed project, or any other project which may be the
result of a judgement call , to determine if similar projects
should be handled in the same manner, or if changes need
to be made.
16. MUNICIPAL CODE A INTERIM ZONING ORDINANCES - PSYCHIC ACTIVITIES
Recommendation: That the Council adopt urgency ordinances
to regulate foretune-telling and psychic activities, and
prohibit such activities in all zoning districts except
the P- .zone.
City Attorney stated that this matter came about as a result (103
of a court finding that the A2',usa ordinance was
unconstitutional , and hence the Ci'ty' s ordinance since it
was very similar.
City Clerk read title of Ordinance 1250, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS., CALIFORNIA,
AMENDING CHAPTER 5.56 OF THE PALM SPRINGS MUNICIPAL CODE
REGULATING PSYCHIC ACTIVITIES AND DECLARING THE URGENCY
THEREOF.
Council Minutes "� 1
10-2-85 Page 7
16. PSYCHIC ACTIVITIES (Continued)
and Ordinance 1251 , as follows:
AN INTERIM ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, TO PROHIBIT FORTUNE-TELLING AND SIMILAR PSYCHIC
ACTIVITIES IN ALL ZONING DISTRICTS EXCEPT THE
P-PROFESSIONAL ZONING DISTRICT, AND DECLARING THE URGENCY
THEREOF. (103)
It was moved by Smith, seconded by Birer, and unanimously
carried, that Further readings be waived, and that Ordinances
1250 and 1251 be adopted.
Resolution 15661 , amending the Comprehensive Fee Schedule
to provide a psychic activities permit fee of $100, was
presented; after which, it was moved by Smith, seconded
by Birer, and unanimously carried, that Resolution 15661
be adopted.
REPORTS & REQUESTS:
17. CITY COUNCIL reports or requests - None
18. PUBLIC reports or requests
19. STAFF reports or requests
a) Public Nuisance Abatements: Proceeding & Accounting
Reports for filing, relative to various abatements
throughout the City. City Clerk to schedule public
hearings thereon for November 6, 1985.
ADJOURNMENT
There being no further business at 8:50 p.m. , "aayor declared
the meeting adjourned.
9_` �JUDITH SUMICH
City Clerk