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HomeMy WebLinkAbout1/15/1986 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 15, 1986 A 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 15, 1986, at 7 :30 p.m. ROLL CALL: Present: Councilmembers Birer, Foster, Maryanov, Smith & 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 adjourn for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council_. COUNCIL COMMENTS: None PUBLIC HEARINGS: None PUBLIC COMMENTS a) Deyna Hodges, 2122 E. Baristo, urged that the Council reconsider banning use of neon exposed tubing, and stated that since the moratorium took effect, the Planning Commission has held public hearings, at which no one spoke in opposition, and the Commission recommended approval of the use of the media by a 5-1 vote, with one member in opposition because he felt a fee should be charged; that no one spoke in opposition at the November 20 Council meeting; that the Commission has presented two recommendations; that the Citizens & Merchants Association favored allowing use of the media, but opposed it, subject to a conditional use permit, (103) because it believed that the CUP promotes discrimination against small business owners; and that the Council ; would not be acting in the best interest of the citizens, merchants and tourists by imposing individual personal views. b) David Christian, 1000 S. Palm Canyon, spoke in opposition to prohibiting the use of exposed tube neon for signs, and, in general , opposing prohibition of any medium. (103) He stated that there are controls through the AAC and Planning Commission. c) Jim Stuart, 155 Hermosa, spoke in opposition to (103) prohibiting exposed neon tubing in signs. d) Marshall Stone, 2300 Baristo, Metropolitan Theaters, spoke in opposition to the prohibition of exposed neon (103) tubing, in particular, as such may apply to existing signs, i .e. , the Village Theater. LEGISLATIVE ACTION: 1 . ZTA 5.0375 - NEON SIGN REGULATIONS On November 20, Council returned proposed ordinance amendment to the Planning Commission with direction to eliminate use (103) of exposed tube neon signing; Planning Commission recommends allowing neon signs under conditional use permit. Council Minutes ` 1-15-86 Page 2 1 . ZTA 5.0375 (Continued) Planning Director reviewed report of Director of Community Development, and stated that this matter was reviewed in detail at the last study session. He stated that the Planning Commission believed the medium should be allowed under a CUP, and the guidelines which it previously adopted could be applied and provide the kinds of controls which the Council thought could not be enforced ; and that two alternative ordinances were prepared, i .e. , one would allow exposed neon tubing under a conditional use permit, and the other would prohibit its use. In response to question by Council , he stated that either ordinance would supercede the existing moratorium; that the Planning Commission adopted guidelines, which were previously presented to the Council , and the Council could endorse those, or in the absence of that action, they would stand as established by the Planning Commission on its own action. Councilman Birer expressed opposition to the conditional use permit concept, and urged that the Council reconsider w its position to prohibit the use of the medium in this manner, and look again at the Commission guidelines. He stated a that the Planning Commission has examined each sign to-date; that a conditional use permit is unfair, and the cost would be more than the cost of the sign. Councilman Maryanov stated that the public would come forth after there is a complete proliferation of neon signs, and ` question how the Council let it happen; that this matter relates to planning for the future; that he has spoken with a number of people who are opposed to neon, in particular, ' in Palm Springs; that he has a problem with a fair and non-discriminatory application of the guidelines ; that he views the use of the medium as a fad, and is concerned what will happen when Palm Canyon is lined with neon signs; that he does not favor an arbitrary ban, and there are times when neon is appropriate, but in the absence of a solution to solve the problem, or addressing extenuating circumstances for use of neon, he does not support allowing it. Councilman Foster stated that he agreed with Mr. Maryanov, and expressed concern that the use of neon could get out-of-hand. _ Councilman Birer stated that he did not see a problem at the outset, and the cure is worse than the problem; and that the picture of a garish neon-lighted Palm Canyon is false and will not happen, and an outright prohibition is out-of-line. Mayor stated that he agreed with Mr. Birer, and stated that he did not think there was anywhere near the problem which has been suggested; that the concern around the use of neon in the past was to preclude any possibility of the City looking like Las Vegas, and he believed that under the Sign Ordinance and the guidelines and controls recommended, that it could not happen. Council Minutes 1- 15-86 Page 3 a 1 .. ZTA 5.0375 (Continued) City Clerk read title of Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE SIGN REGULATION PORTION OF THE ZONING ORDINANCE PROHIBITING EXPOSED TUBE NEON SIGNS. It was moved by Smith, seconded by Foster, and unanimously carried, that further reading be waived; and it was moved by Smith, seconded by Foster, and carried by the following vote, that the Ordinance be introduced for first reading: AYES: Foster, Maryanov & Smith NOES: Birer & Bogert ABSENT: None 2. PD 157 (5.0317) - FINAL PLANS Recommendation: That the Council approve final development ; plans for incidental gasoline service station, including delicatessen/restaurant, car rental storage and car wash Y for the Jimsair facility on Gene Autry Trail . Y Planning Director briefly reviewed the report of Director of Community Development, dated January 15, 1986, and noted that this matter was reviewed at the last study session. In answer to question by Council , Planning Director reported that detailed sign plans have not been submitted, however, the service station would be allowed a 72 sq ft 'Free standing sign anywhere on the leased property, and other signs would (116) , be on the buildings; that it is possible that a common sign to integrate all signs could be considered; that the Sign Ordinance prohibits signs on the street, and because of the orientation of the property, one monument sign for Jimsair is allowed on the street; and that all of the uses are allowed in the A zone, restaurants by right-of-zone, and the service station is under the POD. Councilman Smith stated that condition should be imposed to provide a single sign for the complex, with small identification signs on the individual buildings. Dave Christian, Architect, requested an opportunity to submit sign plans, and stated that he has not discussed signs with ' his client for quite some time, and did not wish to preclude choices which he might have open to him. He stated that the car wash is a small , self-contained unit, slow-moving, ` and not designed for assembly-line operations, and requested that the Council approve its use by the general public, and not limit it to the project use only. He stated that because of its design, and cost, it would not be easy to convert it later to something larger. General discussion indicated that the Council did not have a problem with allowing general public use of the car wash, but desired to receive the Planning Commission's reasons for disallowing it. It was moved by Smith, seconded by Maryanov, and unanimously ' carried, that this matter be returned to the Planning Commission for consideration of a single-sign concept, with small individual signs for the buildings, and for the Commission's reasons for disallowing the public use of the + car wash facility. Council Minutes - 1-15-86 Page 4 3. BUDGET AMENDMENT - LIBRARY CENTER CARPET & SHELVING Recommendation: That the Council authorize funds in the amount of $165,000 to replace Library Center carpeting, and add 5,500 lineal feet of new shelving. City Manager (61 ) gave a brief review. Resolution 15764 amending the budget, as recommended, was presented; after which, it was moved by Birer, seconded by Smith, and unanimously carried, that Resolution 15764 be adopted. ` 4. BANNERS On January 8, 1986, Council continued request by the Downtown Cleanup Committee for direction relative to removal of banner poles in the downtown area; and granted an additional week for the ad hoc committee to complete its recommendation. (114) w City Manager reported that the ad hoc citizen committee submitted a recommendation at the study session; and requested ` that it be referred to the Staff for comments, and be brought back to the Council on February 5, 1986. It was moved by Smith, seconded by Birer, and unanimously carried, that this matter be referred to staff as recommended. R 5. CURB, GUTTER & SIDEWALK REPAIR On January 8, 1986, Council continued consideration of awarding contract to Mitchell Pacific Constructors, Inc. for reconstruction of damaged curb and sidewalk on North Palm Canyon Drive, in amount of $42,216, CP 85-24. (129) City Manager reported that this matter was reviewed at the + study session, and following field trips by Councilmembers, it was recommended that bids be rejected, and the project reconsidered. Minute Order 3678, rejecting all bids, was presented; after which, it was moved by Foster, seconded by Maryanov, and t unanimously carried, that Minute Order 3678 be adopted. CONSENT AGENDA: 6. Res 15765 authorizing acquisition of a 330 acre tax delinquent parcel in the WZ of Section 25, Palm Hills Area, in amount of (109) $16,000 for open space. 7. MO 3679 approving letter agreement with Cordes Data Systems for design and programming at a rate of $35 per hour, to complete (117) the Community Development Land Management data base, total not + to exceed $10,000, Agr #2279. 8. Res 15766 amending the budget to appropriate funds to cover sick (61 ) leave and vacation payouts pursuant to MOUs with employee units. 9. Res 15767, 15768, and 15769 approving Payroll Warrants and Claims (86) & Demands. It was moved by Smith, seconded by Foster, and unanimously carried, that Resolutions 15765 through 15769 and Minute Order 3679 be adopted. Council Minutes 1--15-86 Page 5 10. BUDGET AMENDMENT - ANGEL. STADIUM IMPROVEMENTS Recommendation: That the Council appropriate $14,000 for the modification of the main and auxiliary field fencing and batter' s eye extension; and provide assurance that if the California Angels pay the cost of constructing two (61 ) per50/manent willcobessions at includedthis in time, that the 1986-87r�ds for budget. Report highlighted by Director of Community Development. Resolution 15770, amending the budget as recommended, was presented; after which, it was moved by Smith, seconded by Birer, and unanimously carried, that Resolution 15770 be adopted; and that funds be provided in the 1986-87 budget, as recommended. 11 . STREET OVERLAYS - CP 84-27 (YEAGER, CHANGE ORDER #1 ) Recommendation: That the Council approve Change Order No. ' 1 , Final , to increase contract with E.L. Yeager Construction Co. , Inc,, , by $23,517.78, relative to CP 84-27, for overlaying various streets. (1'36) GEIV r Minute Order 3680 approving Change Order as recommended, was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, that Minute Order 3680 be adopted. REPORTS OR REQUESTS: ' 11 . CITY COUNCIL reports or requests a) Staff requested to check on cars stacking up for entry into Indian Avenue car wash; and condition of walking course at Sunrise Plaza. 12. PUBLIC reports or requests r a) Comments by Jim Stuart, 155 Hermosa, relative to legislation requiring vehicle registration and driver's license for Canadian visitors and part-time residents. 13. STAFF reports or requests - None Y ADJOURNMENT There being no further business at 8:30 p.m. , Mayor declared the meeting adjourned to a Closed Session (Personnel ) , and upon reconvening declared the meeting adjourned. JUDITH SUMICH City Clerk NOTE: Inadvertently omitted from minutes, was the unanimous approval of the reappointment of John Turlo to the Coachella Valley Mosquito Abatement District for term ending December 31, 1987 .'