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HomeMy WebLinkAbout9/30/1986 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES SEPTEMBER 30, 1986 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, was called to order by Mayor Bogert, in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Tuesday, September 30, 1986 at 3 p.m. , and thereafter in the Council Chamber, at said address, at 7:30 p.m. ROLL CALL: Present: Councilmembers Apfelbaum, Birer, Foster, Smith and Mayor Bogert Absent: None (Note: Item 6 shown on the Consent Agenda was adopted by unanimous vote, upon motion by Birer, seconded by Apfelbaum at the 3 p.m. portion of the adjourned meeting; no other business was considered) The meeting was opened with the Salute to the Flag, and a Moment of Silence. COMMENDATION: Mayor presented plaques of commendation to former Board/Commission Members Lois Anderson, CVB and Evans Slater, Energy Commission. COMMUNITY REDEVELOPMENT AGENCY: No Business APPROVAL OF MINUTES: It was moved by Foster, seconded by Smith, and unanimously carried, that the Minutes of September 17, 1986 be approved. PUBLIC HEARINGS: None PUBLIC COMMENTS a) Rent Control : Dudley Fey, Palacio de Anza, stated that the tenants have accepted the Council 's refusal to participate in their litigation as final action, and that the tenants place their confidence in the objectivity of the court. He accused the Council of participating in and perpetuating an injustice because of a City ((85) Attorney opinion; and stated that the Assistant City Attorney exceeded his authority by encouraging the new owner to believe he could get a 40% rent increase, but ignored that such an increase would have to be approved by the Rent Review Commission; that two members of the Commission were excluded from participation on the technicality that they were no longer members of the Commission; that the recommendation for the Council not to participate was made in a secret meeting; and that an administrative screw-up, without malice, has been set in concrete and the tenants are the victims, some facing severe hardship. City Attorney stated that his office has represented the City and the Commission in four cases, in defense of the Ordinance and/or guidelines; that it is his role to defend the City or the Commission in matters that affect the ordinance or the guidelines, and not to be an adversary on behalf of the parties in rent control disputes; and that the Assistant City Attorney advised the prospective buyer of the guidelines. Council Minutes 9-30-86, Page 2 PUBLIC COMMENTS (Continued) a) Rent Control (Continued) Peter Shapiro, President of E1 Dorado Mobilehome Association, requested that the' Council not allow the mortgage payment and interest as an expense for hardship increase under whatever revised guidelines the Rent Review Commission forwards to the Council . He reviewed his understanding of the Palacio de Anza case, and the recent sale of the E1 Dorado Mobilehome Park; and noted similarities in terms of general partner/limited partnership arrangements for both of them; that a recent meeting with the City Attorney's Office led to discussion, and possible conclusion, to recommend a partial allowance for variable interest rates; that tenants in the park, immediately after purchase, faced rent increases, and they are either at poverty level or on fixed incomes; and that the Ordinance allows an increase of 3/4 of the CPI , and the buyer should have been aware of that. He also stated that if the City changes the guidelines back to not allowing the pass-through, the owners will have to sue the tenants, and the City should not be involved in that litigation. Odie Lee, President of the Desert Political Action (85) Association, stated that the Association would want to be part of any discussion that changes the ordinance or guidelines; and that violation of Section 10 of the Initiative Ordinance is the crux of the issues being raised. City Attorney stated that there have been several meetings, and the Commission's recommendation should be forthcoming in the next week. John Moore, E1 Dorado Park resident, stated that the new owners took over on April 1, and he received notice of rent increase on the same date, and questioned how long an owner should own the property, before a hardship is considered to exist; and that documentation he has seen suggests to him the possibility of collusion between the buyer and seller. Percy Aucoin, 131 Calle de Collado, requested that the Council hold a public hearing when the guidelines are revised; and expressed concern that Section 10 is not included in the material on rent control available in the City Hall . City Attorney stated that Section 10 of the Initiative is a directive to the City, and was not considered in the codification for use of the ordinance by tenants or landlords; and that it remains in effect, but simply is not codified. ' b) Jeremy Crocker, 330 W. Arenas Road, stated that relative to WIMP (Item 11) , wind is an alternate source of energy, and the pass is a proving ground; that $400 (123) million has been invested, yielding taxes and power; that investors are confident, as demonstrated by their willingness to add new turbines; and that condition No. 5 of the proposed resolution would injure the industry. J Council Minutes 9-30-86, Page 3 LEGISLATIVE ACTION: 1. AIRPORT - BAGGAGE CLAIM ADDITION - CHANGE ORDER Recommendation: That the Council approve Change Order No. 1 to contract with Baldi Brothers for addition to the baggage claim area, for an increase of $35,800.91, (Agr #2320). Memorandum of Director of Transportation & Energy was ' reviewed by Administrative Assistant for the Director, (51 ) which had been reviewed in detail at the last study session. Minute Order 3816 approving Change Order, as recommended, was presented; after which, it was moved by Birer, seconded by Apfelbaum, and unanimously carried, that Minute Order 3816 be adopte&,Smith abstained. 2. SUNRISE WAY OVERLAY Recommendation: That the Council award contract to Massey Sand & Rock Co. for overlay on Sunrise Way, from Sunny Dunes to Desert Park Avenue, in amount of $667,246 CP 83-15, Agr #2356; and amend the budget to appropriate an addi- tional $150,000, therefore. Director of Community Development reviewed his report, (136) and stated that construction is anticipated to start in late October, and completed by Christmas. (61) Minute Order 3817 awarding contract, and Resolution 16018 amending budget, as recommended, were presented; after which, it was moved by Apfelbaum, seconded by Birer, and unanimously carried, that Minute Order 38:17 and Resolution ' 16018 be adopted. CONSENT AGENDA: 3. Res 16019 approving lease agreement with Joyce Lyle, dba Photo Phantasys, for 215 S. Palm Canyon - McManus Village Green, (117') for one year term, with two 2-year options, commencing Septem- ber 1, 1986, at an initial rent of $500 per month, Agr #2357. 4. MO 3818 approving David F. Corkle for membership to the City of Palm Springs Public Facilities Corporation Board. (60 ) 5. Res 16020 authorizing acceptance of conditional gift deed of approximately 32 acres, located in Section 19, for the McCallum (109) Desert Preserve and Equestrian Center, from the McCallum Desert Foundation. 6. Res 160,17 approving filing grant application for Historic Preservation Grant Assistance for the reroofing of the Frances 0 17) Stevens School - HSPB7. (See notation at beginning of Minutes) 7. Res 16021 through 16025 approving Payroll Warrants; and Res 16026 and 16027 approving Claims & Demands. (86)I It was moved by Birer, seconded by Apfelbaum, and ' unanimously carried, that Resolutions 160:1.9 through 16027 and Minute Order 3818 be adopted; Council Minutes 9-30-86, Page 4 8. RIDING AERATOR Minute Order 3819, awarding purchase of a riding aerator for golf course maintenance, from Greencare International , in amount of $10,282, was presented by Director of Community Services; after which, it was moved by Birer, seconded by Apfelbaum, and unanimously carried, that Minute Order (84) ' 3819 be adopted. 9. AIRPORT - RUNWAY LINE MARKING MACHINE Minute Order 3820, awarding purchase of a runway line marking machine for the Airport to Bauer Coatings Division of Whittaker Corp. , in amount of $33,848.45, was presented (51 ) by Airport Administrative Assistant; after which, it was moved by Smith, seconded by Foster, and unanimously carried, that Minute Order 3820 be adopted. 10. BUDGET AMENDMENT - GOLF COURSE PUMP STATION MODIFICATION Resolution 16028, amending the budget to appropriate additional funds for modification to the golf course (61 ) irrigation pump station in the amount of $25,000, relative to contract awarded by the Council on September 17 - CP 85-45, was presented by the Assistant City Manager; after which, it was moved by Birer, seconded by Smith, and unanimously carried, that Resolution 16028 be adopted. 11. WIND IMPLEMENTATION MONITORING PROGRAM PHASE II (WIMP) ' Resolution 16029, making specific recommendations to the Board of Supervisors relative to Phase II of the County (123) WIMP, was presented by the Director of Community Development; after which, it was moved by Smith, seconded by Birer, and unanimously carried, that Resolution 16029 be adopted. 12. P.D. 147 - DESERT FASHION PLAZA APPEAL Consideration of appeal by the developer relative to ten items remaining on the punch list for the Certificate of Occupancy. The developer' s position was presented in detail at a study session on September 16, and staff (116) was requested to provide a response; Planning Commission reviewed the remaining items at its last meeting, and made recommendations on each, details of which fallow. In answer to question by Council , concerning Gordon Osborne' s comments relative to the Participation Agreement and its relevance to the issues, Redevelopment Director stated that the agreement sets forth what each side will do in terms of legal documents, and he recommended that the Council go through the items in good faith as the City Council ; that the Agency has participation in this matter in terms of project design approval , and has a legal contract to do so, but has turned over the specifics of that process to the Planning Commission in the normal turn of events, rather than establish a separate review structure. I 1_53 Council Minutes 9-30-86, Page 5 12. P.D. 147 (Continued) Note: For each item of the appeal , the City's Planner Robert Greene reviewed the specific item, the City's response and reference to documentation therefor, and the Planning Commission' s final recommendation, which is incorporated in the Memorandum of the Director of ' Community Development, dated September 30, 1986, and which is on file with the City Clerk. 1) Mall Roof-mounted Mechanical Equipment. a. That the remaining mall roof-mounted mechanical equipment left after the installation of the Phase II (second story mall ) shall be screened. Details shall be submitted for City approvall . b. If the Phase II second story is not under construction by September 22, 1.988 (two years from the date of this decis-lon,) all mall roof-mounted mechanical equipment shall be screened. Details of the screening shall be submitted for City approval by this date. Councilmembers Birer and Smith commented that from the standpoint of aesthetics and in the best interest of the project, the developer should want to screen the equipment. Mr. Osborne stated that it was not known when the second level will be constructed, and he recommended that the screening be tied to the development agreement for the ' Phase II second story construction (approved in 2-year increments) and each subsequent extension, until it is completed, or in the absence of having an approved Phase II , or not building it, that the screening then be required. Although the motion was made at this point to require the screening now, subsequent discussion clarified motion by Smith, seconded by Apfelbaum, and unanimously carried, that the Planning Commission's recommendation, as above detailed, be approved. 2) Light Fixtures on the First Floor of the Above-grade Parking Structure. Planning Commission recommendation: Thai; details of a revised fixture shall be submitted for City approval prior to issuance of occupancy permits. Councilman Smith stated that he considered this a critical item, and one which must be acceptable and approved by the City. Councilwoman Apfelbaum stated that reference is not to a plastic cover, but the placement of the light on the beam; that the light source should not be seen; that landscaping does not obscure the lights from Museum Way. Her motion to require removal of the lights and placement in such a way that the light source cannot be seen from Museum Way, failed for lack of a second. Council Minutes 9-30-86, Page 6 12. P.D. 147 (Continued) Planner stated that a revised lucite cover was reviewed and found unacceptable, and a further revision was required. Mr. Osborne stated that details were submitted for comment to the AAC, which should be considered a formal submittal , ' and, if so considered, he would proceed accordingly. Planner stated that the AAC has not completed a recommendation in that regard, although it was found acceptable, and it would screen the source of light. Councilwoman Apfelbaum stated that she would like to see it demonstrated. No action taken; consensus that developer' s submittal is under review by AAC, and that process should be completed. 3) Painting of the Southerly Parking Lot. Planning Commission recommendation: That vines shall be expaliered to the exterior (street) walls of the structure in-lieu of painting. This was considered a minor issue by the Council , and following Planner and Osborne comments. It was moved by Birer, seconded by Foster, and unanimously carried, that the painted exterior walls be allowed to remain. ' 4) Exposed Source of Trellis Lights. Planning Commission recommendation: That details of a revision shall be submitted which shows screening of the light source. Mr. Osborne added that they are trying to maintain the design concept, and are in the process of acquiring an alternate lamp to test which will blank out the direct glare, and give a haloed light source. He stated that the lamp would be used in those areas where a person would be walking directly into the source of light. This was considered a critical item; no action taken; consensus to wait to see test result, condition to remain as a condition of occupancy permit. 5) Chainlink Mechanical Enclosure. Planning Commission recommendation: That a framed chainlink fence shall be used. Details shall be submitted to the City for approval prior to installation. Mr. Osborne added that visibility is essential to prevent unlawful use of the enclosure. Council considered this a minor issue, and it was moved by Apfelbaum, seconded by Smith, and unanimously carried, to allow the fence to remain as installed. Council Minutes 9-30-86, Page 7 12. P.D. 147 (Continued) 6) Parking Lot Kiosks. Planning Commission recommendation: Restudy noting that a revised design shall be submitted. (Intent clarified to mean minor changes to blend with building ' architecture). Mr. Osborne stated that the kiosks were not a condition of the project; not designed by them, rather a shelf item that comes with parking lot facilities; that the color is neutral , and the same as the mall :; that the air conditioning can be screened by a planter box from the Palm Canyon frontage; that he did not know how it did not conform; and that any change would be through in-house expertise, and not by the architect. Director of Community Development stated that the attempt is to make it more like the project, and not appear as an afterthought; that the architect needs to be dealt with in some manner, or it may spiral into something Horse; that a comprehensive look should be taken, which may result in a combination of solutions; and that people with design talents need to address the problem. No motion; consensus that developer is to do something to customize the kiosks to blend with the architecture, and colors; hiding the air conditioning with landscaping alone is not sufficient. ' 7) Missing Palms on Palm Canyon Drive. Planning Commission recommendation: That an as-built plan of the planter shall be prepared and a revised planting plan shall be prepared for• City approval for this area. Mr. Osborne stated that the underground utilities were a responsibility of the Redevelopment Agency, paid for by the developer, with a reimbursement from the Agency; that the request for a revised landscape plan is beyond the conditions of approval ; that the parcel is not within the Fashion Plaza parcel ; that the developer is agreeable to provide an as-built plan, provided the City helps assemble it, and will cooperate with the planting so long as it is feasible to install a tree of the size and nature of the existing trees; and any additional landscaping or revised landscaping should be paid for by the City. He also stated that the developer would want City indemnification for planting the tree -in the Cal Trans or SCE right-of-way, from any damage to equipment or the service provided to the tenants. He also stated the item should not be a requirement of occupancy permit. Redevelopment Director stated that the vaults and right-of- ' way are the City' s, and it would be passible to agree on the value of the work and apply as a credit to the Agency' s reimbursement to the developer; and the Agency use that credit to plant whatever is needed to resolve the issue. Council Minutes �rf� 9-30-86, Page 8 12. P.D. 147 (Continued) No action was taken at this point, and later clarification indicated the consensus of the Council to call for the planting of the tree, and if that does not work, to follow the Redevelopment Director's suggestion regarding credit; and that this item not be a condition of occupancy permit. ' 8) Visible Mechanical Equipment on Roof. Planning Commission recommendation: a) That the switching equipment on the northern portion of the roof shall be relocated to an area that is not visible. b) That all the remaining exposed equipment shall be painted to match the building. Details shall be submitted for City approval . Mr. Osborne stated that they agree, in principle, with the staff recommendation and are prepared to relocate electrical junction boxes that were noted; and understood there would be painting of the handrail and exhaust equipment. Planner stated that would satisfy the condition, and the only detail to be submitted relates to the color. It was moved by Smith, seconded by Birer, and unanimously carried, that the Commission' s condition be upheld. 9) Lack of Exterior Lighting on Amado Road. Planning Commission recommendation: That a revised lighting plan shall be submitted which addresses increasing the lighting of this area. Mr. Osborne stated that was not a condition of the project, and the developer desires to continue working on this issue; that there are concerns about washing the building with light, because of exposing construction flaws in the building, and of repeating a mixture of Palm Trees as used on Palm Canyon. Following comments by Osborne and the Planner, it was the consensus of the Council , that this item should not be a condition of occupancy permit, and that the City should continue working in good faith with the developer to reach a solution to the problem. 10) Painting of Hotel Outdoor Cafe Walls. Planning Commission recommendation: That the paint shall be removed from walls in the outdoor cafe area. If a substitute material covering is proposed for the walls, details shall be submitted for City approval prior to installation. No action, and no specific discussion. It was the consensus of the Council to allow the painted walls to remain, based on personal observation. 5�'y t/ E/ Council Minutes 9-30-86, Page 9 REPORTS & REQUESTS: 13. CITY COUNCIL reports or requests - None 14. PUBLIC reports or requests - None 15. STAFF reports or requests - None ADJOURNMENT 1 There being no further business, at 9:50 p.m. , Mayor declared the meeting adjourned. UDITH SUMICH City Clerk 1