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HomeMy WebLinkAbout1/8/1986 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 8, 1986 ' An Adjourned Regular Meeting of the City Council of the City of Palm Springs was called to order by Mayor Bogert in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, January 8, 1986 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: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council . APPROVAL OF MINUTES: It was moved by Maryanov, seconded by Smith, and unanimously carried, that the Minutes of December 4, 10, 16, 18, 19, 20, 23, 24, 26, 27 and 30, 1985 be approved. COUNCIL COMMENTS: None PUBLIC HEARINGS: None PUBLIC COMMENTS: ` a) TTM 20167: a Allen Perrier, attorney representing developer, stated that the hearing has been held, and recommended that the Council make a negative declaration of environmental impact, reverse the Planning Commission action, not consider the report filed by the firm of Schlecht, Schlesinger & Shoenberger relative to engineering concerns, and approve the project. He stated the hearing was closed, and there was enough time in which anyone could have brought forward their concerns. (137) Bob Mainiero, engineer representing developer, stated that he believed all drainage and engineering can be satisfied or dealt with in a manner satisfactory to the City. Kip Lyons, attorney, Schlecht, Schlesinger & Shoenberger, representing Mr. Lansdale, restated reasons for ' opposition, and stated that primary concern relates to erosion of Mr. Lansdale' s property at the wash crossing; and requested that the Council consider the hydrology study of Sanborn-Webb, which indicates that _ water flows would increase from 1 fps to 70 fps; that he believed it showed enough evidence to 'indicate what might happen, and the applicant has the responsibility to show that it would not happen; that he believes it is sufficient grounds to justify a claim against the City, if the project were approved and damage did occur; and that he believed there was substantial evidence ' to support the findings of the Planning Commission, i .e. , Finding No. 1 . Council Minutes 1-8-86 Page 2 a) TTM 20167 (Continued) John Sanborn, engineer, stated that his firm made a preliminary study based on topography and a copy of the map provided to him; that a 70 fps is extremely erosive, and would eliminate Mr. Lansdale's roadway (137) to his property; and that he believed that engineering could resolve most concerns, but not for this crossing. Craig Hough, Smokewood Avenue resident, stated that the residents adjoining the proposed project are still opposed to it, primarily related to access. Michael Arthur, developer, stated that Mainiero was asked to look at the Sanborn study, and he sent a letter to the Council , and he believes there are reasons to proceed with the project, and it should be approved. b) Don Brown, Chamber of Commerce, thanked the Council and staff for support relating to the Annual Festival of Lights. c) No Smoking Ordinance: The following persons spoke in support of a No Smoking Ordinance, in particular, one which applies to restaurants and workplaces, either the same as or similar to that adopted by Riverside, in the interest of residents, tourists, and as a reaffirmation of Palm Springs as (103) a health resort: John Porter, 5051 Canyon Crest, Riverside Jim Burnett, 34777 Via De Anza, Cathedral City Lois Mall , American Lung Association, Smoke Tree Village Mr. Sangor, attorney Dr. Arnold Burke, American Cancer Society d) Allen Perrier, attorney representing developer regarding TPM 20943, explained that the applicant wanted to keep his project "alive" after application before Cathedral City was denied, that it was desired to have the Council look at the property and make some kind of decision to allow it to be developed, and that he was not notified (119) that the matter was to be heard on December 4. He stated that he did not believe any useful purpose would be served in doing a baseline study. e) Jim Stuart, 155 Hermosa, requested that the Council consider a campaign expenditure limitation ordinance; and praised non-commercialized spots on the radio. f) George Goldberg stated that the street has been cleaned, and that it should be done monthly and not quarterly; and commented on the expanded City facilities, stating that they are designed to serve "millions" and there are too many private offices. He criticized city employee productivity, and commented on banners. g) Dee Dee Stone expressed concern about. low cost housing fit on East Palm Canyon and Farrell ; and stated that perhaps some of the small units will not be sold, and could be considered low cost housing, and, therefore, more units are not needed. Mayor suggested she contact the Community Development Department for clarification. Council Minutes 1-8-86 Page 3 .s' E`.� LEGISLATIVE ACTION: 1 . TTM 20167 - M. NAHODIL On November 6, 1985, Council held a public hearing on appeal from Planning Commission denial of a proposed 4-lot subdivision, due to inappropriate design, of property located in and to the west of a wash, west of Smokewood Avenue; and continued action at subsequent meetings. Director of Community Development reviewed background of this matter, and stated that the Planning Commission found that the project was in conflict with the Conservation Element of the General Plan, with regard to natural drainage areas, although the property has been zoned residential for quite some time; and it was unanimous in its decision, with one abstention. Councilman Maryanov stated that he would abstain due to a client relationship. Councilman Foster stated that he believes this is an inappropriate use of an arroyo; that the Sanborn-Webb study was not properly presented to the Planning Commission or Council , and should be referred to the Commission for consideration and recommendation. Councilman Birer stated that the study relates to one of (137) many reasons of the Commission for denial ; that he believes it is an inappropriate use, in particular, the use of a single-family lot for access ; that perhaps a division of two lots for the entire site might be more appropriate, with access from Smokewood and the upper road; and that he favored denying the appeal . City Attorney stated that if the Council wanted to consider the Sanborn-Webb report, it is not properly before it as a part of the record, and the hearing should either be reopened and the developer given an opportunity to refute it; or send it to the Planning Commission to rehear the matter; or the Council could rely on its own expertise as evidence, and make a determination that it is substantial evidence to deny the project. He stated that it was difficult to find evidence supporting the finding of the Commission regarding the Conservation Element of the General Plan. Councilman Smith stated that he was satisified with the Commission' s findings, but preferred that it review the Sanborn report. It was moved by Foster, seconded by Birer, and unanimously carried, Maryanov abstaining, that this matter be referred to the Planning Commission to consider and submit recommendation in light of the Sanborn-Webb report. t�.ri ,I I.0 Ufl 1.1 l Pli llu�cn 1-8-86 Page 4 2. TPM 20943 - EIR (BASELINE STUDY) Consideration of request to reconsider Resolution 15735, adopted December 18, 1985, to require the preparation of an Environmental Impact Report (baseline study) for TPM 20943, located in Palm Hills adjacent to Cathedral City Cove Area, Section 5. (119) Report and background reviewed by Director of Community Development. It was the consensus of the Council that benefit of doubt should be given to the developer, and this matter re-advertised and reconsidered. It was moved by Maryanov, seconded by Foster, and unanimously carried, that this matter be reconsidered. 3. WATER PARK - FEE PAYMENT SCHEDULE (DELETED FROM AGENDA, Matter adopted 12-4-85) 4. MUNICIPAL CODE AMENDMENT - NO SMOKING Recommendation: That the Council consider a. no-smoking ordinance, which essentially prohibits smoking in certain public places. v Assistant City Manager reviewed the proposed Ordinance, and stated that if the Council wished to adopt it, it should provide clarification regarding: a) definition of "galleries ;" b) applicability to the Airport and bus terminals, and whether "facility" includes adjacent outside areas ; c) effect in (103) public-owned buildings operated under lease terms for private purposes, e.g. , McManus Village Green; and d) public restrooms. He stated the Ordinance is the same as that adopted by Cathedral City. Councilman Birer stated that the Ordinance does not fit the need; that Palm Springs has a reputation as a spa and health resort, and an effort should be made to try to create an ordinance that will work; that he believed it should more closely copy that of the Riverside ordinance; that there are specific issues concerning municipal facilities, e.g. , airport, and Riverside should be contacted as to how it addressed those. Councilman Smith stated that CVAG took, the direction to bring about consideration of the ordinances, and that he agreed with Mr. Birer. Councilman Maryanov stated that the Riverside ordinance includes restaurants, and in the absence of an outcry from local restaurants, he would like to see them included; that he has some reservations regarding the ordinance, and public input is important. He stated that the ordinance would be a public statement, but primarily self-policed by businesses. , It was moved by Birer, seconded by Maryanov, and unanimously carried, the staff develop an ordinance more closely following the Riverside Ordinance, and seek Airport Commission input. Council Minutes 1-8-86 Page 5 5. PA7 - HIGHLAND GATEWAY (Ord Intro 12-18-85) ' Citty Clerk read title of Ordinance 1255, amending the Redevelopment plan relative to designated areas for the exercise of eminent domain powers ; after which, it was moved (124) " by Foster, seconded by Maryanov, and unanimously carried, Smith abstaining, that Ordinance 1255 be adopted. 6. BANNERS On December 4, 1985, Council continued request by Downtown Cleanup Committee for direction relative to removal of banner poles in the downtown area. City Manager reported that the ad hoc committee requested it be granted an additional week in which to submit its (1140 recommendation. Director of Community Development reported request of the Desert Museum to hang a banner across Palm Canyon Drive for two months for the Armand Hammer Collection exhibit. City Manager stated that if the Council desired to approve it, the full cost for installation and removal should be paid by the Museum. Mr. Golden, Desert Museum, displayed a drawing of the proposed banner, and stated that CalTrans has approved a 2-week encroachment; and that posters will be displayed inside of stores, but not in windows. Councilman Maryanov stated that in its letter of request, the Museum included a number of other items, which are being addressed by the City; and that the only remaining item is the banner, which should be denied. Councilman Smith stated that in the absence of a change in policy, the request should be denied. It was moved by Smith, seconded by Maryanov, and unanimously r carried, that the request be denied. It was moved by Maryanov, seconded by Smith, and unanimously carried, that the Cleanup Committee and banner ad hoc committee requests be continued to January 15, 1986. ` 7. COMPREHENSIVE FEE SCHEDULE AMENDMENT - PLANNING r Recommendation: That the Council amend the Comprehensive r Fee Schedule to increase various Planning application fees to cover the full cost of processing. (114) " City Manager distributed supplemental information indicating examples of the effect of the Planning fee increase; and recommended that the Council form a sub-committee and meet with staff and perhaps 1-2 members of the Economic Development Commission to review the fees in detail , and to report back to the Council in early February. Planning Director reviewed his report, which was reviewed in detail at the last study session, and stating that the increases more closely relate to how much it costs to provide the service, on an as-it-occurs basis, rather than all fees at the front end. Councilman Smith stated that he would like to see the examples include hotels and restaurants, and answer the question whether the fees will , coupled with land costs, encourage development to go elsewhere. It was moved by Smith, seconded by Birer, and unanimously carried, that the sub-committee be formed as recommended, with a report in early February. L J` Council Minutes 1-8-86 Page 6 CONSENT AGENDA: 8, MO-------awarding contract to Mitchell Pacific Constructors, Inc. for reconstruction of damaged curb and sidewalk on North Palm Canyon (129) Drive, in amount of $42,216, CP 85-24, Agr# Continued to January 1'5, 1986. 9, MO 3675 ratifying emergency purchase of generator diesel fuel from (84) Carr & Carr, in amount of $6,674.27. 10. Res 15759, 15760 and 15761 approving Payroll Warrants & Claims & (86) (Demands. 11 . Res 15762 approving First Amendment to the Coachella Valley Joint Powers Insurance Authority agreement, relative 'to membership of (123) non-CVAG agencies, and establish minimum number of Claims Review Board membership. 12. MO 3676 approving increase in contract with Massey Sand & Rock for construction of combine projects AIP-03 and AIP-04, in amount of (51 ) $206,130 ($185,000 attributable to AIP-03 grant funds) . No budget amendment required. It was moved by Birer, seconded by Foster, and uranimously carried, that Minute Orders 3675 and 3676 and Resolutions 15759 through 15762 be adopted; and that Item 8 be continued to January 15, 1986, pending clarification of costs, and discussion regarding future repairs. 13. PUBLIC RELATIONS CONSULTANT - PATTEN Recommendation: That the Council approve agreement with Carolyn Patten, for personal services for public relations duties, in amount of $13. 13 per hour, subject to immediate cancellation (supercedes agreement with Elizabeth Thompson) . Agr #2275. (50) Minute Order 3677 , approving agreement as recommended, was presented; after which, it was moved by Smith, seconded by Maryanov, and unanimously carried, that Minute Order 3677 be adopted. 14. LIABILITY INSURANCE - COMPREHENSIVE GENERAL & AUTOMOBILE Consideration of appropriating $205,000 to cover additional costs of liability insurance premiums. (96) City Manager recommended that the Council delay action at this time, for further study, and also consider the potential for not renewing the insurance. Risk Manager stated that the purchase of insurance would result in the following: Old New Limit $20 Million $5 Million Deductible $100,000 $2,50,000 Premium $155,000 $359,000 She stated that there is a $1 .2 million reserve earmarked for claims, which would continue building as long as the City did not experience heavy pay losses; that cancellation of insurance would save $359,000, and a decision would have to be made whether to set aside funds to build the reserves ; that the CVAG Insurance JPA is on the horizon, but she did not expect it to be available in the near distant future; and that if it is cancelled, the City would undoubtedly be uninsurable again until the insurance companies turn present trends around; that -the City is insured at this time, and may cancel the insurance up until resolution of ' Council Minutes , ) 1 1-8-86 Page 7 14. LIABILITY INSURANCE (Continued) the forms; without penalty. City Manager stated that if the City repeated its loss history over the past ten years, the excess coverage would not be (96) needed. It was moved by Foster, seconded by Maryanov, and unanimously carried, that this matter be continued to February 5, 1986. i 15. COMPREHENSIVE FEE SCHEDULE AMENDMENT - BUILDING Director of Community Development reported that recent fee schedule amendment to base fees on a percentage, resulted in fees higher than recommended for the high-volume projects, and recommended that until further study can be made to establish a percentage, that certain fees be returned to (114) an evaluation basis. Resolution 15763, amending the fee schedule as recommended, was presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, that Resolution 15763 be adopted. REPORTS & REQUESTS: 16. COUNCIL reports or requests a) McCallum Building: Suggested that the McCallum Civic • Building disposal be resolved. b) Desert Fashion Plaza: Council desirous of taking an evening field trip to view the trellis lighting, and planters. Pursue with developer a resolution of the employee parking problem. Remove trailers and clean up area along Belardo and Museum Drive as soon as possible for the Armand Hammer Exhibit. c) McCallum Property - E1 Cielo: Requested trash and debris along frontage be removed; area graded and perhaps seeded with desert vegetation. d) Roadside Cleanup: Policy to be subject of future study session. 17. PUBLIC reports or requests - None 18. STAFF reports or requests a) CLOSED SESSION REPORT. WECS - Seawest Settlement Agreement. City Attorney reported approval of Agr 2276 with Seawest Energy Group, Inc. , regarding City of Palm (123) Springs v. Hodel , et al . He stated that settlement has been reached with all developers who were parties to the litigation, and only the BLM remains. ADJOURNMENT 1 There being no further business at 9:15 p.m. , Mayor declared the meeting adjourned. l JUDITH SUMICH City Clerk