HomeMy WebLinkAbout11/6/1985 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
NOVEMBER 6, 1985
A Regular Meeting of the City Council was called to order by Mayor
Bogert in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednes-
day, November 6, 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.
PRESENTATION OF AWARDS:
Award presented to Don Lawrence was accepted on his behalf
by Jim Stuart; award to Curt Ealy to be mailed to him. Each (74)
for services on Planning Commission and Economic Development
Commission, respectively.
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned
for the purpose of convening as the Community Redevelopment Agency;
after which, members reconvened as the the City Council .
HOUSING AUTHORITY: Mayor declared the meeting adjourned for the
purpose of convening as the Housing Authority; after which, members
reconvened as the City Council .
APPROVAL OF MINUTES:
It was moved by Smith, seconded by Birer, and unanimously
carried, that the Minutes of October 16, 1985, be approved.
COUNCIL COMMENTS: None
PUBLIC HEARINGS:
1 . NON-CONFORMING USE - 301 N. PALM CANYON (UNOCAL)
Recommendation: That the Council authorize appeal to extend
the non-conforming use of the Union 76 service station located
at Amado Road and N. Palm Canyon Drive ; subject to enhancement
of the appearance of the station and closure of driveway on
Palm Canyon Drive. (150)
Planning Director reported that the use became non-conforming
in 1976, and amortization period was ten years ; that alternate
land use could aid pedestrian flow to commercial operations ;
that the Planning Commission held two public hearings, and
made certain findings, and determined that a 3-year extension,
subject to certain conditions would be appropriate, including
closure of the driveway. He stated that a building permit
was issued several years ago, and the appellant has indicated
that the amount spent was actually several times greater than
the value on the permit.
Mayor declared the hearing open.
Council Minutes
11-6-85 Page 2
1 . NON-CONFORMING USE (UNOCAL - Continued)
Don Trapp, 1450 Frazzy Road, San Diego, stated that notice
may be statutorily correct, however, the people enjoying the
property have had no notice that the right would cease; that
a longer-term lease results in a higher-quality operation,
and the City and the company could end up with a closed station
before the expiration of the use. He stated that the lessee
in 1976 was not aware of what was happening.
Planning Director reported that there were newspaper ads,
hearings by the former Downtown Development Advisory Commission,
the Planning Commission and the Council ; and that the issue
did not only relate to service stations, but other usage groups.
Mr. Trapp stated that the company learned of the particulars
of this case about 9 months ago when the current lessee was (150)
selected.
Dan Johnson, attorney, 801 E. Tahquitz, stated that the 1976
notice was achieved via publications ; that the company received
notice in October, 1984, but by that time had made several
hundred thousand dollars, some of which had a life expectancy
and amortization of 15 years, ending in 1996, for which City
building permits had been issued ; that the Zoning text cites
reasons for granting an extension of a non-conforming use,
and requested that the Council grant a 7 year extension, with
elimination of the condition for closure of the driveway,
which would allow full amortization and determination whether
the station provides a service for hotel guests. He reiterated
points concerning length of lease and quality of lessee if
for a short duration; and stated that closure of the driveway
would result in perhaps 15% less business, but would not resolve
traffic problems at the corner, and could result in a worse
situation. He stated that improvements were made, as follows:
1978, $17,000 for dispensers, 5 year life; 1981 , $28,500,
for enclosing service area, 15 year life; and 1984, $10,000
for signing, 5 year life.
There being no further appearances, the heading was closed.
Councilman Birer stated that he could not accept lack-of-notice
contention, but considered that the permit issued in 1981
may have been an error on the part of the City, and he would
favor granting a 5 year extension, which wound provide a 10-year
amortization period from the 1981 time frame. He also stated
that discussion at the study session indicated there was some
question by staff whether closure of the driveway would
accomplish anything.
Planning Director stated that the Director of Community
Development did not believe it was necessary, although the
City is without a traffic engineer; and that Commission felt
it would improve the appearance, and might reduce conflict
between cars coming out of the station and cars 'turning right
at Amado. He stated that condition relative to the sign has
been accomplished.
It was moved by Birer, seconded by Maryanov, and unanimously
carried, that a 5-year extension of the non-conforming use
be granted, endings in 1991 , and the closure of the driveway
be restudied.
Council Minutes ; M1 r,y
11-6-85 Page 3
2. CASE 5.0371 - CAR WASH & COMMERCIAL CENTER - PD 173
Recommendation: That the Council approve a preliminary Planned
Development District to allow construction of a carwash with
retail and office uses, subject to conditions.
Planning Director reported that the POD would be in-lieu of
a change of zone; that the area was recently changed on the
General Plan to reflect neighborhood shopping center, although
the underlying zone is R-G-A-8; that there was not a lot of
neighborhood comment at the Planning Commission, although
protests have been submitted to the Council ; that the Commission
recommended approval , subject to traffic studies, and discussion
at the study session indicated that a right-turn slot on Ramon,
for southbound traffic, should be included if the project
were approved; that the Commission vote was split 3-0-0-3;
that second reading of the ordinance would be held, pending
final development plans and commencing the project.
Councilman Maryanov stated that he would abstain because of
a client relationship.
Mayor declared the hearing opened.
Jim Hicks, 701 N. Patencio, stated that he represented Mr.
Wessman and Classic Car Wash in the real estate deal , and
stated that the company has locations on similar sites in (lib)
the country; that it is well-designed and landscaped; and
is an efficient operation.
Ed Mangovi , President of Classic Car Wash, San Jose, stated
that they have 38 operations in existence and 12 under
construction ; that they use the highest technology, including
equipment which is quieter than the street traffic, as well
as being energy efficient; that studies show that the car
wash does not generate trips, rather a car wash is selected
for convenience, and serves a 3-mile radius ; and they do not
want it congested to the point of not being able to get into
it.
John Wessman, 72200 Clancy Lane, Rancho Mirage, stated that
his first reaction was not favorable, however, after looking
at the state-of-the-art, found the car wash to be extremely
attractive and located in high-end retail places, e.g. , Fashion
Island ; that he believes it is a good use for a commercial
site, and a good buffer between residential property to the
west; that this is the first occasion he has heard from those
residents in the 6-7 years he has tried to do something with
the property; that there is a flood control channel between
the property and the RTP, and he believed that when the trailer
park redevelops it will be a multi-family project,
Robert Shife, representing Sunflower Condominiums, stated
that letter was sent, and that the main concerns are noise
and traffic.
There being no further appearances, Mayor declared the hearing
closed.
Councilman Foster stated that car washes have been a problem
in Palm Springs as elsewhere, and he did not favor locating
them in a shopping center, which is intended to serve a
neighborhood, and he thought car washes served more than just
a neighborhood.
� S Council Minutes
11-6-85 Page 4
2. PD 173 (Continued)
Councilman Smith stated that based on the history of the
property, he was hesitant to go another step in more intensive
uses, as well as recognizing neighborhood opposition. He
stated that the developer produces first-class projects, but
he was not in favor of the use on this site.
Councilman Birer stated that he held similar apprehensions,
but believed the location was appropriate, and is separated
from the residential by the trailer park and the wash; that
a full-service gasoline station is location across the street
on the same side of Sunrise and in similar relaltionship to (116)
Sunflower, with a greater number of trips generated than the
car wash would have; that it were a different developer, he
might be reluctant, but based on his history as a developer
and that of the tenant, he tended to favor the project.
Mayor stated that he also favored the project.
Motion by Birer, seconded by Bogert, to approve the preliminary
planned development district, failed to carry by the following
vote:
AYES: Birer & Bogert
NOES: Foster & Smith
ABSENT: None
ABSTAIN: Maryanov
3. TTM 20167 - REVISED
Recommendation: Consideration of appeal from Planning
Commission denial of proposed 4 Lot subdivision west of
Smokewood Ave.
Planning Director reviewed report of Director of Community
(137)
Development, and stated that the engineering solutions can
accommodate flows coming out of this area ; and he read the
Commission 's reasons for denial . He stated that the pad height
would be 3-4 feet above grade, however, the existing lots
to the north would still be higher; that the proposed lots
are approximately 1 acre each for three of them, and the 4
comprises the remainder of the property, which would require
further approval for development; and that they exceed minimum
requirements for R-1-A by twofold.
Mayor declared the hearing open.
Bob Mainiero, engineer., stated 'that the hydrology studies
were done., and the 100-year flood criteria was used, result
2 cfps is less than 1% of the Palm Canyon wash; that letter
from the Flood Control District indicated that under the
conditions established, the drainage can be handled; that
the amount of water crossing Landsdale Road will not change,
i .e. , width remains the same; that improvements collect the
water to the north and spread and pass it over the same area
it now passes ; that the four lots will not generate much
traffic, pads will not be elevated more than the amount of
fill necessary to provide safety and 3-4 feet is the maximum,
and may be less ; and that higher pads are no advantage to
the developer. He stated that only natural materials would
be used for rip-rap, and not concrete.
Council Minutes :A ��'�'
11-6-65 Page 5
3. TTM 20167 (Continued)
Michael Arthur, 437 S. Bristol , applicant, skated that he
purchased the property 10 years ago, and he and his partner
have had discussions with the Planning Staff for many years
concerning development of the site; that they are riot interested
in raising the pads to the level of Smokewood ; that he
understood further approvals would be required ; that the
property is zoned for residential , and it was purchased because
it was buildable land, although some may not hold that opinion.
Allen Perrier, 3001 Tahquitz-McCallum Way, attorney representing
the developer, stated that the property is zoned R-1-A, and
shown on the General Plan as 4-units per acre; than the proposal
calls for three lots and the developer will provide a covenant
to limit development 'to single-family on the three lots; that
there is no proposal for the fourth lot, although it is Cont
understood that the site will require further review; that (137)
architectural approval would be required for each of the three
lots; that there are 10 acres outside of hillside designation,
on which 20 units could be built; that the Director of Community'
Development did not believe access should be through a
meandering road that may ultimately serve the upper property;
that the engineer has advised that the design will not affect
Landsdale Road, which is not in the 100-year flood plain ;
that he did not believe the findings of the Planning Commission
relate to the project; that the Conservation Element map shows
that the property is not affected by the wash; that he did
not conclude any intention of that plan that adversely affects
this property in any Fashion; that there is nothing in the
General Plan or the Conservation Element that would justify
denial of the tract map; that it complies with the Subdivision
Map Act; and that if the Council were to approve the map,
it would have to make a negative declaration of environmental
assessment. He stated that the property is properly zoned,
and denial of use would be confiscatory. He presented various
Exhibits A through K, re: General Plan, Zoning Map, Zoning
Text Provisions regarding uses permitted, Open Space Element
provisions, resolution, and map related thereto, the Subdivision
Ordinance, approval of the project by the RCFCD , map of the
project, 2 parts of the hydrology report, and staff
recommendations, all of which are on file with the City Clerk.
Kip Lyons, attorney, representing Mr. Landsdale, stated that
fill of the natural area channel could increase erosion,
disruption of the lot for access, place an unreasonable burden
on the terrain, cause water to run faster and snorter distance
between the driveway and the channel , and increase velocity.
He questioned who would be responsible if the driveway washed
out; and stated that Mr. Landsdale recognizes the existing
potential , but relies on flow patterns that now exist across
the driveway. He urged not allowing -Fill in the natural wash
area; and stated that the project may meet technical components,
but is not palatable.
r Council Minutes
11-6785 Page 6
3. TTM 20167 (Continued)
Greg Hough, 2330 Smokewood, spoke in opposition, and supported
comments of Mr. Lyons, and stated that he represented the
neighborhood, and a petition was filed from property owners.
He stated that he believed the property is a wash bed and
should not be developed.
Cori t
There being no further appearances, the hearing was closed. (137
(1:57)
Councilman Maryanov stated that he would abstain because of
a client relationship.
Councilman Foster stated that he viewed this as filling in
the wash for development; that the 100-year flood plain has
been established, and should not be encroached upon; and that
it is not a question of safety and engineering, but aesthetics
and the environment.
It was moved by Foster, and seconded by Birer, that the Planning
Commission denial be upheld.
Councilman Smith stated that the property is zoned R-1 , and
the proposal is one-half the number of units in that zone;
and the Council should explore the site on a field 'trip.
It was moved by :Smith, seconded by Birer, and unanimously
carried, Maryanov abstaining, that this matter be tabled,
pending a field trip.
4. NUISANCE ABATEMENT LIENS
Recommendation: That the Council set liens for various public
nuisance abatements throughout the City. Director of
Transportation & Energy highlighted his report., and noted
that two of the abatements were paid, i .e. , Items 24 and 38.
Mayor declared the hearing opened. (57)
Charlie Black, 353 Del Sol Road, stated that he understood
the overall contract for the work on his lot (shown under
name of Velma Roy) was $6,000 and 1/3 of the cost to just
bring in the equipment was excessive. He stated the property
was in the name of his mother, but has been quitclaimed to
him and his sisters.
Director of Transportation stated that bids were accepted,
and the low bidder moved in equipment, and did some minor
work, when he was instructed by someone to cease work, and
the owner was going to do the work, which did occur, however,
that did not happen quickly, and the contractor was on the
site in a stand-by situation; that the contractor's cost
amounted to $1 ,140, and a bill was mailed to the owner (Mrs.
Roy) , including administrative costs.
Mr. Black stated that the equipment was delivered on a Friday
evening, and the contractor arrived the following Monday;
that he had taken a demolition permit to do the work, which
was good for two weeks, and the time on it had not expired.
There being no further appearances, the hearing was closed.
Councilman Birer suggested that the contractor' s bill be
verified, and that this one item be delayed.
Council Minutes
11-6-85 Page 7
4. NUISANCE ABATEMENT (Continued)
Resolution 15673 'through 15693 confirming the Proceeding &
Accounting Reports, and imposing liens as recommended, was
presented; after which, it was moved by Smith, seconded by
Birer, and unanimously carried, that Resolutions 15673 through (57)
15693 be adopted; and that the Report for Lot 23, alright Leonard
Tract, be continued to the next meeting, pending verification
of the billing.
PUBLIC COMMENTS:
a) George Goldberg, 1445 "Cesspool ," considered that the
mandatory connection of his property to the sewer (See (128)
Item 8) was a gift to him, and thanked the Council .
b) Connie Pettit, 43260 Rutledge Ave. , Palm Desert, requested
consideration of a banner for the classic car race scheduled
for the Thanksgiving weekend, as well as a general (114)
consideration of banners in the community for community-wide
events.
c) WECS #69 (See Item 10)
George Stricker, 1806 N. Hermosa, wind developer, stated
that the project is also to be integrated with commercial
facilities in the wind setback area, for a WECS museum
and restaurant, and the windpark is an integral part of (123)
it; and that he would like to have the endorsement of
the Council .
d) Deyna Hodges, 2332 Baristo, Citizens & Merchants Assoc. ,
stated that the increase in the business license tax is
equal to 34%, and that the group would favor a. one-time
increase and if more is needed, then the Council should
re-address the issue each year. She stated that the group (64)
also favored the Desert Circus banner, and favors a banner
for the race, as well as other events, and supported the
formation of a festivities task force to be appointed
by the Council to determine which events would qualify
for a banner.
e) City Manager and City Attorney provided responses to
question by Dorothy Reynolds 2170 Via Monte Vista, why
the City has a mandatory waste disposal collection policy.
LEGISLATIVE ACTION:
5. COACHELLA VALLEY INDUSTRY EDUCATION COUNCIL
Recommendation: That the Council recognize the Coachella
Valley Industry Education Council as a coordinating agency
between education and industry in the Coachella Valley. Report
highlighted by Assistant City Manager.
(123)
Resolution 15694, recognizing the agency, as recommended,
was presented; after which, it was moved by Smith, seconded
by Foster, and unanimously carried, that Resolution 15694
be adopted.
Councii Minutes
YiM 11-6-85 Page 8
6. BUSINESS LICENSE TAX INCREASE
Recommendation: That the Council increase the Business License
Tax 10% each year for the next three years, commencing January
1 , 1986; and direct staff to prepare the necessary ordinance (64)
amendments.
Director of Finance reviewed his report.
It was the consensus of the Council , as a result of study
session discussion, that public input be received, and that
it be scheduled in two weeks. To reduce workload, it was
suggested that the preparation of the ordinance be delayed
until the public input is received.
No action taken ; matter to be scheduled for public input.
7. NUISANCE WATER ABATEMENT AREAS
Recommendation: That the Council establish five (5) nuisance
water abatement areas within the City. This matter was reviewed
in detail at the last study session; no further report was
given; and it was noted that the remaining portion of the
City would be shown as Area 6.
(114)
Resolution 15695 establishing six areas, was presented; after
which, it was moved by Foster, seconded by Maryanov, and
unanimously carried, that Resolution 15695 be adopted.
8. SEWER CONNECTION NUISANCE ABATEMENTS
Recommendation: That the Council order the Building & Safety
Director to complete the sewer connection work for approximately
18 properties in non-compliance with the mandatory connection
policies, pursuant to Public Nuisance Abatement proceedings.
Building & Safety Director reported that two public nuisance (5;r)
notices were posted, the last of which was approximately 1-5
months ago; that letters were sent to the address, both by
registered and regular mail , as well as, posted on the property;
and in some cases, the letters were hand-delivered to the
person at another known address ; that the appeal period has
lapsed, and none were received; that ordering the abatement
is not required by the Council , however, is requested by Staff
as another notification; that a notice will again be mailed,
following Council action; and that if the property owner fails
to make the connection, the City will seek bids to do so,
and the charge will be billed to the property owner, and if
not paid, a lien will be assessed against the property.
Councilman Maryanov stated that Mr. Goldberg had spoken under
Public Comments, but was not available in the audience for
questions at this time for questions as to the number of fixture
units on his property.
Resolution 15696 ordering abatements, as recommended, was
presented ; after which, it was moved by Foster, seconded by
Maryanov, and unanimously carried, that Resolution 15696 be
adopted.
Council Minutes v ;>
11-6785 Page 9
9. OPEN SPACE EQUESTRIAN PARKING (RAMON ROAD WESTERLY TERIIINUS)
Recommendation: That the Council authorize staff to negotiate
with Carl Rose to develop an appropriate equestrian parking
facility at the west end of Ramon Road in return for a portion (109)
of City-owned property adjacent to his property.
This item was reviewed at the last study session ; and it was
the consensus of the Council that a field trip be taken.
It was moved by Smith, seconded by Maryanov, and unanimously
carried, that this matter be tabled.
10. WECS 69 & COUNTY Z/C 4536 - ZOND SYSTEMS
Recommendation: That the Council recommend denial of WECS
Permit 69 and Zone Change 4536, Zond Systems, Inc. , for property
south of I-10, generally between Tipton Road off-ramp and
Whitewater River.
(123)
Planning Director stated that the report on this matter was
presented at the October 2 meeting ; that this project would
have problems in regard to attempts to preserve scenic easement
for the mountains and the Salton Sea horizon, as well as the
turbine color and noise impact.
Planner Evans stated that the Planning Commission only addressed
the application before it, and any consideration of commercial
usage in the easement area would have to be looked at; that
the commercial would be tucked behind a large berm; and that
revised noise study has not been seen. In answer to question
by Council , he stated that a person can begin to look across
the desert vista as one approaches the easterly boundary of
this site.
Councilman Smith stated that nothing new has been presented
to warrant a change in the recommendation.
Resolution 15708, recommending denial , was presented; after
which, it was moved by Smith, seconded by Coster, and
unanimously carried, that Resolution 15708 be adopted.
CONSENT AGENDA:
11. Res 15697 approving a 1-year time extension for TTM 18087, for
property on Bogert Trail , north of the City limits, and generally (137)
south of the Palm Canyon Wash; KWL Associates/Andreas Hills,
Sections 35 & 36.
12. Res 15698 through 15703 approving Payroll Warrants and Claims (86)
& Demands.
13. Res 15704 approving License Agreement with Franc: Mathews and
Coni Mathews to construct a brick wall , iron gates, and driveway (136)
upon a portion of the public right-of-way known as West Stevens
Road - Agr #2263.
14. Res 15705 approving an amendment to the City' s Allocated Positions
and Compensation Plan to change title of Director of (61 )
Transportation to Director of Transportation and Energy.
F �
= Council Minutes
11-6-85 Page 10
15. MO 3657 approving TDA claim with the Southern California
Association of Governments for $260,454 to perform maintenance (136)
on local streets.
16. MO 3658 approving AGR #2264 with Children 's Home Society of
California to provide counseling services for Desert (731I
Highland-Gateway Estates area youth in amount of $11 ,000.
17. Res 15706 approving filing of a grant application for
Roberti-Z'Berg Grant funds in amount of $18,848, to be applied (lob))
toward the construction of three softball fields at DeMuth Park.
18. MO 3659 waiving formal bidding procedures and award contract
for temporary signal work at Andreas Road and Palm Canyon Drive (130)
to Intersection Management Systems in the amount of $13,516.
19. Res 15707 approving final development plans for Planned
Development District 170 for a 192 unit hotel , consisting of (116)
two and three story buildings, located at the southeast corner
of E. Palm Canyon and Camino Real .
It was moved by Smith, seconded by Birer, and unanimously
carried, that Resolutions 15697 through 15707 and Minute Orders
3657 through 3659 be adopted.
20. WECS - TRANSWORLD WIND CORP.
Recommendation: That the Council not approve proposed
amendments to the Cabazon Wind Park, since provisions of the
Settlement Agreement with Transworld Wind Corporation
(International Dynergy) dealing with wind turbine generators
exceeding 150 feet have not been met, in that. no other projects (123)
in the area have turbines which exceed 150 feet in height,
and the required engineering study has not been submitted.
Planner Evans reviewed additional materials to the staff report,
partially submitted by the developer, and stated that staff
did not believe anything new had been provided since the
agreement was signed, nor that its terms had been met.
Lance Eldred, Erwin & Anderholt, attorney representing
Transworld, stated that the sole jurisdiction for this matter
coming before the Council is the settlement agreement; that
it is visually outside of Palm .Springs, is not a hillside,
ridgeline or open desert vista location, nor deemed to have
any impact on anyone in the City; that the 150-ft limitation
was never satisfactory to Transworld, and a compromise was
reached to accommodate the research and development project
that when new technolody was available and the company was
in a position to install it, and it could) be shown that it
was necessary that it be installed on taller towers, the City
would agree to the excess height limit, but would not agree
to adding existing type turbines on taller towers ; that the
research project has been completed and tested, and the only
purpose of the engineering study was to show that it is a
new machine, and was not in existence at the time of the
agreement, but was under consideration; that he believed the
agreement has been complied with, and engineering data and
studies show that it is economically viable at the taller
height, reduces cost of generating a per kilowatt hour, reduces
cost of installation, and cannot be placed on towers existing
in the park, but would interfere with operation of other
turbines ; that it is designed for its height and not possible
to be at less, without interfering with its function ; that
this park is preferred, and developer has stipulated that
it will not install turbines in the Sandberg park.
Council Minutes + ,
11-6-85 Page 11
20. WECS - TRANSWORB_D (Continued)
In answer to question by Council , City Attorney stated that
the Council must be convinced that there is new science or
technology and the need for the excess height has been
demonstrated; that it was his understanding the machine was
designed for a 60-ft tower, with option for a greater height;
and that the need for the greater height seems to relate solely
to making more money.
Charles Shultz, attorney representing D_uckman Associates and
Cal Poly, owners of property in the area north of I-10 and Cont
visible from the site, stated that the developer has not met (123)
criteria that 80% of the area have greater height, nor has
need for it been demonstrated, other than to make more money;
that the machine is the same design as other windmills, only
taller; that the Council may view new science or technology
differently, however, it might consider a machine which. creates
more energy, less impact on the environment, reduces
low-frequency noise in the area, and addresses displacement
of terrain, animals and visual impact; that the overall impact
would be 190+ feet (additional relates to blade) ; that perhaps
the Council should have outside assistance in deciding if
this is new science or technology; and that he believed it
was only a matter of building more and getting better tax
credits, and denial would not be unreasonable.
In answer to question by Council , Dr. Amos Mikhil (?) developer
stated that the horizontal access machine principle is the
same, and the difference relates to the airooil , and they
believe they have found one which is suitable .for the desert,
which can be patented, but is not yet patented.
Mr. Eldred stated that if 80% of the area had taller towers,
there would be no question as to their right to install them;
that this machine is not an up-scaled version of the Dynergy
machine, but is new and was contemplated when the settlement
agreement was entered into with the city; that it is not an
attempt to side-step, but relates to specific discussion of
the agreement; that it is not within the jurisdiction of the
Council to add conditions outside of the approval of the
agreement; that the developer intends to maximize the site,
and the new machine would apply to 6 acres out of 300, before
more land is obtained; and he urged approval .
Planner Evans stated that not all documents submitted are
dated, making it difficult to determine when they were prepared;
that the basic concept of the machine is not new; that the
site is densely packed, that the size of the existing turbines
might increase, but productivity would not; and that a lot
of information has been submitted in the last week.
Mayor stated that perhaps the City' s legal counsel should
be consulted.
City Attorney stated that if the Council is not convinced
that there is a demonstrated need, it would not be out-of-line
to deny the request.
Councilman Birer stated that he did not thin!,, this was new
in terms of what he considered when the agreement was entered ;
rather that new technology meant something that was totally
different. He recommended denial .
Councilman Maryanov stated that it might be worth getting
another viewpoint, however, he agreed that there is no great
difference in the product for existing products, nor has it
been patented.
It was moved by Birer, seconded by Smith, and unanimously
carried, that the request be denied.
Council Minutes
11-6-85 Page 12
21 . COUNCIL CHAMBER REMODEL. - DESIGN CONSULTANT
Recommendation: That the Council approve agreement with June
Pollack for design and project coordination services related
to remodelling of the Council Chamber, in amount of $7,500 (117)
- Agr #2266. Report; was highlighted by Planning Director.
Minute Order 3360, approving the agreementt as recommended,
was presented; after which, it was moved by Maryanov, seconded
by Birer, and unanimously carried, that Minute Order 3360
be adopted.
22. ENERGY COMMISSION MEMBERSHIP - AMENDMENT
Recommendation: That the Council reduce the number of members (613)
on the Energy Commission from seven to five.This item reviewed
at study session; no further report given.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SECTION 2.23.010, OF THE PALM SPRINGS MUNICIPAL CODE, TO
REDUCE THE NUMBER OF ENERGY COMMISSIONERS FROM SEVEN (7)
TO (5) .
It was moved by Maryanov, seconded by Smith, and unanimously
carried, that further reading be waived, and the Ordinance
be introduced for first reading.
23. SEWER EXEMPTIONS - AIRPORT RENT-A-CAR FACILITIES
Recommendation: That the Council grant exemptions for the
five rent-a-car maintenance yard facilities from connection
to the sewer. This item reviewed at study session ; no further
report given. (128)
Resolution 15708-A granting exemptions as recommended, was
presented; after which, it was moved by Birer, seconded by
Maryanov, and unanimously carried, that Resolution 15708-A be
adopted.
24. PSYCHIC ACTIVITIES - INTERIM ZONING
Recommendation: That the Council provide a 45-day extension
of interim zoning relative to psychic activities. This item
reviewed at study session ; no further report given. (103)
City Clerk read title of Ordinance 1252, 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.
It was moved by Maryanov, seconded by Smith, and unanimously
carried, that further reading be waived, and Ordinance 1252
be adopted, as an urgency measure.
25. BANNER POLICY
Recommendation: That the Council reaffirm existing policy
to not allow any banners to be hung across Palm Canyon Drive (114)
(established per Resolution 10485, November 8, 1972. )
City Manager stated that if the Council wished to allow banners,
staff should be directed to prepare action to establish
appropriate standards ; and that if the Council could easily
determine one or two banners which would be allowed, and the
message made clear that no others would be granted, it might
be easily enforced, however, getting that message across is
not easy to accomplish.
Council Minutes
11-6-85 Page 13
25. BANNER POLICY (Continued)
Suggestions were made at the last study session, and
re-emphasized that efforts should be made to provide notice Cont
of special events, e.g. , incorporate at city entry, kiosks,
or explored through a citizen group which could submit a (114)
recommendation.
Following brief discussion, it was moved by Maryanov, seconded
by Foster, and unanimously carried, that the policy prohibiting
banners be sustained, until a citizen group develops a specific
recommendation for Council consideration.
26. CONVENTION CENTER - LETTER OF CREDIT
Recommendation: That the Council approve proposal of Mitsubishi
Bank, Ltd. , to issue letter of credit for the Convention Center (139)
financing, subject to a reimbursement agreement.
Resolution 15709, approving proposal as recommended, was
presented; after which, it was moved by Foster, seconded by
Birer, and unanimously carried, Maryanov and Smith abstaining,
that Resolution 15709 be adopted.
27. CONVENTION CENTER - SENCA DEVELOPMENT AGREEMENT AMENDMENT
Recommendation: That the Council approve amendment to the
Amended and Restate Development Agreement with SENCA for the (139)
Convention Center and Hotel , to clarify amount and terms of
loan to SENCA. This item reviewed at study session; no further
report given. See also CRA Minutes this date.
Resolution 15710 approving amendment as recommended, was
presented; after which, it was moved by Birer, seconded by
Foster, and unanimously carried, Maryanov and Smith abstaining,
that Resolution 15710 be adopted.
28. COMMISSION APPOINTMENT
Mayor announced his appointment of Earl Neel to fill unexpired
term of Don Lawrence on the Planning Commission, ending June (60)
30, 1988; after which, it was moved by Bogert, seconded by
Foster, and unanimously carried, that said appointment be
approved.
29. CLOSED SESSION REPORT. City Attorney reported that as a result
of recent Closed Session, Council approved Settlement Agreement (123)
(#2267) with Triad American regarding its wind farm.
Council Minutes
11-6-85 Page 14
REPORTS & REQUESTS:
30. CITY COUNCIL reports or requests
a) Staff directed to determine if fire inspection or nuisance
abatement proceedings need to be instigated re run-down
appearance of Casa Cody, 174 Cahuilla.
31 . PUBLIC reports or requests - None
32. STAFF REPORTS
a) Public Nuisance Abatements: Proceeding & Accounting Reports
for filing, relative to various abatements throughout (57)
the City. City Clerk to schedule public; hearings thereon
for December 4, 1985.
ADJOURNMENT
There being no further business at 11 :15 p.m. , Mayor declared
the meeting adjourned to Tuesday, November 12, 1985, at 3
p.m. , in the Large Conference Room, City Hall .
JUD�ITH SUMICH
City Clerk