HomeMy WebLinkAbout2/5/1986 - MINUTES CITY OF PALM SPRINGS ,
CITY COUNCIL MINUTES �)
FEBRUARY 5, 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, February 5, 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 also convened the Community
Redevelopment Agency, for the purpose of conducting Joint Public
Hearings.
Al . JOINT PUBLIC I4EARING: PA4 - AUTO CENTER: Consideration of the
proposed used of tax increment to pay for a portion of the value
of land for an auto sales center on the north side of Ramon Road, ( )
' between Gene Autry Trail and San Luis Rey. 124
See CRA Minutes this date for full text. Following public hearing,
no action was taken. Recommended actions to be presented at
subsequent meeting.
A2. JOINT PUBLIC HEARING: Consideration of proposed acquisition
w and sale of property for an auto sales center.
See CRA Minutes this date for full text. Following public hearing,
no action was taken. Recommended actions to be presented at (124)
subsequent meeting.
' APPROVAL OF MINUTES:
It was moved by Foster, seconded by Birer, and unanimously
carried, that the Minutes of January 8 & 15, 1986 be approved.
COUNCIL COMMENTS - None
PUBLIC HEARINGS:
1 . TPM 20943 (PALM HILLS AREA) - DESERT DEVELOPMENT
Reconsideration of previous Council action to require EIR
(baseline study) relative to a TPM for detachment purposes
for 583 acres in Palm Hills, adjacent to Cathedral City.
Director of Community Development highlighted his report of
December 18, and stated that the Council directed that this (119)
matter be reheard, since the attorney for the applicant did
not receive notice, and was not at the December hearing. He
stated that the map was developed to describe a parcel the
City was willing to detach, but did not necessarily represent
a configuration it would consider for development within the
City.
Mayor declared the hearing opened.
Council Minutes
2-5-86 Page 2
1 . TPM 20943 (Continued)
Allen Perrier, 3001 E. Tahquitz-McCallum Way, Attorney for
the developer, stated that he had filed an appeal from the
Planning Commission decision, even though he knew that the
matter would be considered by the Council) in any event, and
as an appellant was not notified; that a parcel map can only
be for four lots ; that the City wanted the parcel map to assure
that lots 3 & 4 would be hillside; that the map would facilitate
the conveyance of lot 1 from Coble to Dunn, because it will
accomplish a conveyance previously made; that a single lot
of 148 acres remains, and the most that could be claimed is
that one residence could be built on it; that in seeking
acceptance by annexation to Cathedral City, pre-zoning
application was required, submitted, and denied by Cathedral
City, with caveat that another effort could not be made in ;
less than one year; that the parcel map was a means of having
the P.S. City Council look at it, and he did not believe
approval would prejudice either Palm Springs or Cathedral
City in terms of future decisions; that he has been advised
the client will submit an application for a change of zone
and a change in the Palm Hills General Plan, and a PDD would r
be required, and the EIR would be required at that time, and
through the submittal of a development agreement; that he
would urge the client to file such application immediately,
including a development agreement; and urged that the Council
return this matter to the Planning Commission with
recommendation that an EIR or baseline study not be required ,
for the parcel map, and that an application will be made in
the immediate future for a project on the property and no �
(119)
objection to an EIR will be made. He stated that Parcels
3 & 4 would be dedicated to the public, with an expectation
of a density transfer. '
Bob Mainiero, Engineer for the developer, supported comments
by Perrier, and stated that he was the applicant for the
developer and did not receive a notice prior to the first ,
hearing.
Margo Williams, 67871 Valley Vista, Cathedral City, spoke
in support of the EIR study, and stated that it would be
premature to consider the approval of the Parcel Map.
Jim Conners, Cathedral City, staged that the property is zoned
UR; that the Cathedral City Planning Commission and Council
rejected the application since the developer would did not
commit to a specific project; and that blanket approval should
not be given, without knowing what is proposed for development.
Art Kyker, 38745 Eleanor Way, Cathedral City, spoke in favor y
of the EIR, with specific consideration given to noise factors
because of the amphi-theater quality of the cove.
Gary Gray, Sierra Club, spoke in favor, and expressed support
of the EIR on behalf of the Audubon Society„ local chapter.
There being no further appearances, the hearing was closed.
Councilman Smith stated that the issue relates to whether
the property should be developed under the auspices of Palm
Springs or Cathedral City; that if a baseline study is required,
Palm Springs may still tell the developer that Cathedral City
must approve; that he did not believe the study would answer
the question of jurisdiction ; that the developer will have
to work it out with Cathedral City; and that there is not
need for an expensive study, when it will most likely be
developed under Cathedral City.
Council Minutes
2-5-86 Page 3
• 1 . TPM 20.943 (Continued)
Councilman Foster stated that he was not in favor of the
j hillside being developed, and the developer should be aware
of that before proceeding.
It was moved by Foster, seconded by Birer, and carried by (119)
the following vote, that Resolution 15735, ordering the
preparation of the EIR baseline study, be reaffirfised:
AYES: Birer, Foster, Maryanov & Bogert
NO: Smith
ABSENT: None
2. HSPB 19 & 21 - O'DONNELL & ROBERSON HOUSE
14
Recommendation: That the Council designate the O'Donnell
House at 447B W. Alejo (above Desert Museum) ; and the George
Roberson House at 385 W. Tahquitz as Class 7 Historic Sites.
Desert Museum requests that hearing on HSPB 19 be continued
to February 19. (76)
Planning Director highlighted report of Director of Community
" Development, and stated that the Council has the ability to
approve structural modifications of Class 7 designated sites.
Councilman Birer stated that he did not see Elie relevance
of a Class 7 for the Roberson House, and the designation should
t not be used so easily.
Mayor, declared the hearing opened.
Paul Bruggemans, stated that he owned the La Vallauris
Restaurant (Roberson House) and questioned why there is an
interest in making it a designated site; that he believed
it was unfounded, and when approached by the City about a
" year ago regarding purchase of the site, there was no mention
of historic sites.
Kitty Kieley Hayes, 284 Morongo Road, stated that Mr. Roberson
was one of the early pioneers and instrumental in the City' s
incorporation; that the house is from the 1920s, and was
designed by Charles Tanner, who was the architect for the
Desert Inn, and the structure is sound and representative
of the period. She stated that the designation would not
allow changing the outside of the structure, without approval ;
that the Board has taken two years to complete a survey of
the entire city, and is working through the Class 7 designations
first; that there are some tax benefits to the designation
and this is the first step in leading toward designations
in the National Registry; and that, in the case of the Pacific
Building, the historic significance of the building is
incorporated in advertising for the businesses.
Betty Kieley, 1800 S. Sunrise, urged approval , and stated
that the Class 7s are the most important sites ; and Palm
Springs is losing its history and knowledge of its past.
Ruth Roberson Valeur, 1940 Yucca Place, stated that the actual
silhouette has not been changed, and it should be preserved.
There were no further appearances, and the hearing (RSPB 21 )
was closed.
Council Minutes
2-5-86 Page 4
2. HSPB 19 (Continued)
Mayor stated that he favored the designation, and the owner
might wish to capitalize on the history of the structure.
Resolution 15771 , designating HSPB 21 as a Class 7 site was (76)
presented; after which, it was moved by Foster, seconded by
Smith, and unanimously carried, that Resolution 15771 be
adopted.
It was moved by Foster, seconded by Smith, and unanimously
carried, that the hearing on HSPB 19 be continued to February
19, 1986.
PUBLIC COMMENTS
a) Jeremy Crocker, 330 W. Arenas Road, stated that the City' s '
loan to the CRA of $1 .6 million for -the auto center ,
represents a loss of pooled funds from the City's budget. (124)
City Manager stated that the funds would be repaid from
increment funds, or new money, that would occur if the
project proceeds ; and the loan is looked at as an
investment.
b) George Goldberg, 1445 "Cesspool ", commented on wasted
staff time in attending meetings, also trees installed
on Andreas Road and Indian Avenue.
LEGISLATIVE ACTION:
3. MUNICIPAL CODE - BUSINESS LICENSE TAX
On November 20, 1985, Council received public input and directed ,
preparation of ordinance to provide increases in the Business
License Tax. This item was reviewed in study session, and
no further report was given.
(64)
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
CHAPTERS 3.84 AND 3.90 OF THE PALM SPRINGS MUNICIPAL CODE
AND ADDING SECTION 3.90.210 THERETO TO INCORPORATE BUSINESS
LICENSE TAX RATES INTO ONE SECTION, AND PROVIDE INCREASES
THEREOF.
It was moved by Foster, seconded by Maryanov„ and unanimously
carried, that further reading be waived, and the Ordinance
be introduced for first reading.
4. MUNICIPAL CODE -, SMOKING PROHIBITION
On January 8, 1986, Council directed the proposed no-smoking
ordinance be re-drafted in line with the City of Riverside
No Smoking Ordinance.
City Attorney reported that the proposed ordinance basically (103)
duplicates the Riverside Ordinance, which inclludes restrictions
for the workplace and restaurants, but eliminates mandatory
prohibition in hallways and restrooms, and allows those to
be covered by local business regulation; and that although
it is more restrictive than the Cathedral City Ordinance,
it does not contain factors that would make it difficult to
enforce. In answer to question by Council „ he stated that
designated areas are required, but construction of structural
modifications for separate areas is not required, and where
there is a conflict, preference shall be given to the
non-smoker.
Council Minutes
2-5-85 Page 5
4. MUNICIPAL CODE - NO SMOKING
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
CHAPTER 6.10 TO THE PALM SPRINGS MUNICIPAL CODE TO PROHIBIT
SMOKING IN CERTAIN PUBLIC AREAS. (103)
It was moved by Smith, seconded by Maryanov, and unanimously
carried, that further reading be waived, and the Ordinance
be introduced for first reading.
5. MUNICIPAL CODE AMENDMENT - TAXICAB DRIVERS
Recommendation: That the Council amend the Municipal Code
r to establish standards for taxicab drivers and operators.
This item was reviewed in study session, and no further report (103)
was given.
City Clerk reading title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
t SECTIONS 5.40.060 THROUGH 5.40.100 TO THE PALM SPRINGS
MUNICIPAL CODE TO REQUIRE TAXICAB DRIVERS TO OBTAIN A CITY
OPERATOR'S PERMIT AND SETTING FORTH THE REQUIREMENTS THEREOF.
It was moved by Foster, seconded by Maryanov, and unanimously
carried, that further reading be waived, and the Ordinance
be introduced for first reading.
6. MUNICIPAL CODE AMENDMENT - UNCLAIMED PROPERTY
Recommendation: That the Council amend the Municipal Code
to amend procedures for the sale and disposition of unclaimed
property. This item was reviewed in study session, and no (103)
further report was given.
City Clerk read title of the Ordinance, as follows°
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
PORTIONS OF CHAPTER 11 .76 OF THE PALM SPRINGS MUNICIPAL
CODE RELATING TO PROCEDURES FOR THE SALE AND DISPOSITION
OF UNCLAIMED PROPERTY.
It was moved by Smith, seconded by Foster, and unanimously
carried, that further reading be waived, and the Ordinance
be introduced for first reading.
7. MUNICIPAL CODE AMENDMENT - VIOLATIONS AS PUBLIC NUISANCE
Recommendation: That the Council amend the Municipal Code
to include any violation of it as a public nuisance. This
item was reviewed in study session, and no further report
was given. (103)
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
SECTIONS 1 .01 .165 AND 11 .72.245 TO, AND AMENDING SECTION
1 .01 . 170 OF THE PALM SPRINGS MUNICIPAL CODE, DEFINING
ADDITIONAL PUBLIC NUISANCES.
It was moved by Smith, seconded by Birer, and unanimously
carried, that further reading be waived, and the Ordinance
be introduced for first reading.
Council Minutes
2•-5-86 Page 6
B. ZTA 5.0375 - NEON TUBING (Intro 1-15-86)
City Clerk read title of Ordinance 1256, prohibiting signs
using exposed neon tubing; after which, it was moved by Foster,
seconded by Smith, and unanimously carried, that further reading (103)
be wavied; and it was moved by Foster, seconded by Smith,
and carried, Birer voting No, that Ordinance 11256 be adopted.
9. LIABILITY INSURANCE
On January 8, 1986, Council continued consideration of
additional costs to cover liability insurance premiums. This
item was reviewed in study session, and no further report (61 )
was given.
Councilmembers noted that the City's cost increased from $55,000
in 1984 to $359,000 in 1986, with coverage reduced from $20 w
million to $5 million, and the City's exposure increased from
the first $100,000 to the first $250,000. '
Resolution 15772, amending the budget to appropriate $205,000,
was presented; after which, it was moved by Foster, seconded
by Maryanov, and unanimously carried, that Resolution 15772 i
be adopted.
CONSENT AGENDA:
10. Res 15773 recommending denial of WECS 69 and ZC 4536, and inclusion
of certain information if County prepares an EIR; property south
of I-10- , between Tipton Road off-ramp and Whitewater River - (123)
Zond Systems, Inc.
11 . Res 15774 recommending denial of WECS 70 and ZC 4592, and inclusion
of certain information if County prepares an EIR; property north
of I-10, N miles east of Highway 62. (12�)
12. MO 3681 and 3682 approving Amendments No. 1 to SCE purchase of
power agreements for Sunrise Plaza and the Municipal Cogen Plants ( 52) '
(Agr #2055 & 2056).
13. Res 15775 amending the budget to appropriate $69,314 to allow
completion of three projects originally budgeted in 1984-85, (61 ) r
but not completed.
r
14. Res 15776 and 15777 approving Payroll Warrants and Claims & (86)
Demands.
15. Res 15778 amending the Comprehensive Fee Schedule to increase
the cost for receiving mailed copies of the City Council agendas (114) {
and minutes.
16. MO 3683 approving letter agreement with Christian Associates, ,
Inc. for design of addition to the Desert Highland Unity Center, (109)
in the amount of $5,500, to be funded through CDBG funds (Agr
#2280) ,
17. Res 15779 approving final development plans for P.D. 107, for
a restaurant in the Desert Isle Time Share project on the southeast (116)�
corner of East Palm Canyon Drive and Barona Road, H. Maxwell
(5.0128).
18. MO 3684 approving agreement with Tamas & Associates, Inc. for
maintenance and enhancement of computer software (HP 3000) ; and (117)
Res 15780 amending the budget to appropriate $7,500 for remaining
5 months of the fiscal year (Agr #2281 ).
Council Minutes
2-5-86 Page 7
19. MO 3685 through 3697 exempting thirteen properties, outlined
in Memorandum of Director of Community Development, from (128)
requirements of sewer connection based on site connection costs
in excess of $3,000.
20. MO 3698 approving Change Order No. 1 (Final ) to decrease contract
with Matich Corporation, by $69,459. 52, for reconstruction and
widening of South Palm Canyon Drive (CP 80-32) ; and approving (136)
allocating the funds to CP 85-56, to complete the project at
a later date.
21 . MO 3699 awarding contract to Massey Sand & Rock Co. , in amount
of $33,540, for construction of right-turn lanes at various (136)
locations - CP 85-16 (Agr #2282).
22. Motion concurring in CRA Resolutions 378 through Res 393. (124)
It was moved by Foster, seconded by Smith, and unanimously carried,
that Resolutions 15773 through 15780, and Minute Orders 3681
through 3699, and motion outlined in Item 22 be adopted.
23. AIRPORT TERMINAL - CARPETING
From Consent Calendar, consideration of Minute Order awarding
purchase of carpet cleaning equipment to Easterday Supply
Co. , in amount of $7,537.74.
In answer to questions by Council , Director of Transportation (51 )
stated that the interior designer and architect are determining
the locations where the terrazo will be restored, however,
there will still be massive areas of carpeting in the Terminal ,
and the equipment is needed; that the existing carpeting was
cleaned out six weeks ago at a cost of $2,600, and is in need
of it again ; that the carpet is 4-5 years of age, and is
well-worn; and exposing all of the terrazo would result in
substantial noise increase.
It was moved by Maryanov, seconded by Birer, and unanimously
carried, that Minute Order 3700, above described, be adopted.
24. SCE JOINT USE - INDIAN AVENUE
Resolution 15781 , approving a joint use agreement with SCE
for underground overhead utilities on Indian Avenue, between
Racquet Club and San Marco, was presented; after which, it
was moved by Birer, seconded by Foster, and unanimously carried, (147)
that Resolution 15781 be adopted (Agr #2283).
25. AIRPORT - AUDIT OF LEASES
Recommendation: That the Council approve letter agreement
with Management Services, to conduct a management audit of
the Airport leases, at a cost not to exceed $7,000. Director (51 )
of Transportation stated that Ms. Crochet has the background
to do the desired audit, and is highly recommended; and that
the final product will be sufficient to establish a lease
management program.
Minute Order 3701 , approving the agreement as recommended,
was presented; after which, it was moved by Smith, seconded
by Foster, and unanimously carried, that Minute Order 3701
be adopted, Agr #2284.
n1;: Council Minutes
2-5-86 Page 8
26. ANGEL STADIUM - FENCING
Minute Order 3702, awarding bid to furnish and install new
fence and make certain repairs to fencing at Angels Stadium,
to Alcorn Fence Co. , in amount of $6,000, and to Riverside
Fence Co. , in amount of $7,813, was presented; after which, (115)
it was moved by Birer, seconded by Smith, and unanimously
carried, that Minute Order 3702 be adopted.
27. GENERAL UNIT -- MOU AMENDMENT
Resolution 15782, approving Addendum #4 to MOU with the PEARC
For employees in the General Unit, to recognize Monday, February
10, 1986 as the Lincoln Birthday holiday, in-lieu of the ( I10)
established February 12 date, was presented; after which,
it was moved by Foster, seconded by Smith, and unanimously
carried, that Resolution 15782 be adopted. '
28. CITY MANAGER SALARY & EMPLOYMENT CONTRACT
Councilmember Maryanov reported that the Council has conducted
its annual review of the City Manager's performance, is very
satisified, and an employment contract has been developed,
covering terms and conditions of employment for the next three ,
years, including a salary increase to 9;6,417 per month, (71)
effective December 28, 1985.
Resolution 15783, approving the salary increase and employment
contract, was presented; after which, it was moved by Maryanov,
seconded by Birer, and unanimously carried, that Resolution
15783 be adopted.
REPORTS & REQUESTS:
29. CITY COUNCIL reports or requests
a) Staff to provide clarification regarding 7% and 9% ti
comparisons of Room Tax revenues shown on recent report.
30. PUBLIC reports or requests - None ,
31 . STAFF reports or requests - None
ADJOURNMENT
There being no further business at 9:30 p.m. , Mayor declared
the meeting adjourned.
JUDITH SUNIICH
City Clerk
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