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HomeMy WebLinkAbout11/5/1986 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES NOVEMBER 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, November 5, 1986 at 7:30 p.m. ROLL CALL Present: Councilmembers Apfelbaum, Birer, Foster, Smith and Mayor Bogert Absent: None The meeting was opened with the Flag Salute and a Moment of Silence. PRESENTATION OF 1986 EPA AWARD: Award presented to Andy Fisichelli on behalf of the City of Palm Springs, for excellence in operation and maintenance (127) of the Wastewater Treatment Plant; Palm Springs ranks eleventh in the western region. COMMENDATIONS: Mayor- presented plaques of appreciation to Ruth Licata and Donald Williams, for service on the P. S. Public Facilities ( 74 ) Corporation. COMMUNITY REDEVELOPMENT AGENCY: No business APPROVAL OF MINUTES: It was moved by Foster, seconded by Smith, and unanimously carried, that the Minutes of October 15, 1986 be approved. ' PUBLIC HEARINGS: 1. AA 3.995 - ALLEN FENCE CO. APPEAL On July 16, 1986, Council continued for 90 days consideration of appeal by Council relative to Planning Commission approval of application by Allen Fence Company for hillside fence at 815 Panorama Drive (Loewe property). Planner Williams reported that the Council had taken a field trip and discussed this matter at the last sturdy session; (111 ) and the details of the Commission' s action have been pre- sented. She stated that one letter in support .,,,as received from Mel Haber, nearby resident, and a telephone call from Mr. Callahan, also a nearby resident, indicating opposition only if the fence were extended to the east behind his property, which was not proposed. . Mayor declared the hearing opened. John Fitzgerald, representing Mr. Loewe, stated that Mr. Loewe is concerned about his health, safety, and well being, and desires to close the loop and connect a new fence with the existing fence; that he has concerns regarding interlopers and trespassers, and followed the City's procedures in securing approval of the fence; that he is agreeable to the conditions imposed by the Planning Commission; and that he has not found any case where a city was held liable as a result of allowing a fence to be placed on private property. Council Minutes 11-5-86, Page 2 1. AA 3.995 (Continued) Herbert Toor, 1000 Coronado Avenue, adjacent resident, spoke in support of the fence, and stated that he has had a chain- link fence for twenty years, and has never had debris build up behind it, but rather it serves to keep out trespassers and wild animals; and the planting can take care of any questions about appearance. Dr. Eric Williams, 800 Stevens Road, reiterated a number of his views expressed at the previous hearing; and expressed concerns regarding fence over the channel and the possibility of damage to his property; and that he did l not believe his property served any threat to Mr. Loewe's property, rather enhances the security offered by the existing fence, simply by its presence. Jean Hill , 911 Juarez Road, owner of contiguous property, also spoke in favor of the fence, and stated that every property owner should have the right to fence in their own property; and that in this case, Mr. Loewe has chosen to fence in his property, but keep it preserved in a natural state for the enjoyment of the area. Stu Williams, 1250 Paseo El Mirador, architect for the Williams' residence, expressed concern about placing a barrier across the small channel , and the potential for flooding to the Williams' property. He cited figures relative to water flows from a rainstorm, and stated that if there were a "3 inch" storm, water could rise in the channel , and if even a few inches above 31-2 feet, the Wiilliams' property (111 ) would be flooded, because it was built on a pad 3 feet ' above the channel . Diane Jessup, Fern Canyon, spoke in opposition to chainlink fences in general , and in particular in heir area and other hillside areas, and stated that she was told in 1977 that chainlink fencing was not allowed on hillsides. Councilwoman Apfelbaum stated that. the Council has declared a commitment to open space; that elements of the General Plan require minute screening of hillside development; that the Council needs to address the issue of whether to fence hillsides and large open areas, and if that should be on an arbitrary basis, case-by-case, or through specific defini- tion; and to look at what is compatible with existing ordi- nances, and the commitment to future generations. Councilman Birer stated that the field trip pointed out that if the fence were brought to the proposed point, it would create a problem to the Williams ' enjoyment of their property; that there is a certain right to the quiet enjoyment and use of private property, which Mr. Loewe feels is being infringed upon. fie moved that this matter be referred for question of Mr. Loewe to see if he would be willing to locate the fence higher up the hill away from the Williams' property, and for a resolution as to the issue of flood control protec- tion, which was seconded by Foster. Councilman Foster stated that he agreed with Councilwoman Apfelbaum concerning chainlink fencing on the hillside; and it should be discussed with the Planning Commission, but noted that a property owner should not; be forced into building a stone wall . Council Minutes 11-5-86, Page 3 a 1. AA 3.995 (Continued) Councilman Smith stated that security for residents is becom- ing more of an issue, as evidenced by the number of walled, or gated communities developing in the Valley; and the Council and Commission need to address how to achieve a balance between aesthetics and security. He requested that Mr. S. Williams provide his figures to the Engineering staff ' relative to the flood issue. (111 ) Councilwoman Apfelbaum stated that this is a critical issue and needs to be resolved. Motion by Birer, as above stated, seconded by Foster, was adopted by the following vote: AYES: Birer, Foster, Smith and Bogert NO: Apfelbaum ABSENT: None PUBLIC COMMENTS a) Gary Scherotter, 320 Camino Sur, requested that the Council adopt an ordinance to prohibit keeping dangerous animals as pets in residential areas. He stated his neighbor has a mountain lion, and although his yard is properly fenced, he has concerns for the safety of his family. City Attorney stated that the Council may enact an ordi- nance to prohibit the keeping of wild or exotic animals; that the State law provides for permits and prescribes ' fencing requirements; and that he will obtain sample ordinances for the Council to review. b) Sidney Adkin, Sr. Vice-President for Skywest Airlines, spoke in favor of approving the concept of a hush house (51 ) for relocation of his maintenance facility; and stated that the company desires to be a good neighbor, and is aware of the City' s desire to maintain a quiet atmos- phere. c) Tuck Broich, President of P.S. Merchants & Citizens Association, spoke in opposition to the proposed increase in parking meter rates for Municipal Parking Lot 2, (108) and recommendation that it should not be metered, but be a 2-hour parking zone. He stated that the City would realize more revenue through sales, than the parking meter returns in fees, by providing 2-hour parking. He stated that he personally believes the meter time 'limit should be for three hours. d) George Goldberg, commented on street maintenance and sweeping in the City, and stated that he considers the time intervals a joke, and cited his street as an example, stating that it is swept every 90 days, although the City purports to sweep once per month. ' e) James Hopkins, resident, requested that the Council allow placing signs of some sort to let pedestrians know that there are shops open in the Harlow Mall (interior retail complex on North Palm Canyon Drive, former site of a bowling alley). Council Minutes k,j 11-5-86, Page 4 f) Jerry Ludwig, owner of Fashions With P'Zazz, 240 N. Palm Canyon, adjacent to Muni Parking (Lot 2, spoke in opposition to increasing the meter rate, and to the meters, per se. He stated that merchants are hassled for change, bear the brunt of anger from drivers who get ticketed at the lot; and challenged the cost of (I OE;) maintaining the lot, stating that it is not swept, nor is the landscaping maintained. LEGISLATIVE ACTION: ' 2. MUNICIPAL CODE AMENDMENT - PARKING LOT 2 Recommendation: That the Council amend the Municipal Code to enable parking meter rates to be established by resolution of the City Council ; and establish new rate for Municipal Parking Lot 2 at 25t per one-half hour. City Manager stated that the last increase was in 1977, (108) and based on the rate of inflation, the proposed rate would be at the same level ; that records concerning maintenance, and the costs incurred, are available for public inspection; and that the lot is one way the City can help the downtown area, and still recover some revenue to maintain the facili- ties in a proper condition. Councilman Smith suggested that the staff explore the possi- bility of creating an assessment district to take over mainte- nance of the lot, if merchants are not satisfied with the current level of maintenance. Councilman Foster stated that the lot was developed through revenues derived from on-street parking meters, with pledge ' that the City would not charge back costs to the general community. City Clerk read title of Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE MUNICIPAL CODE REGARDING ADJUSTMENT OF METERS IN MUNICIPAL PARKING LOT NO. 2. Resolution 16045, establishing rate, as recommended, was presented; after which, it was moved by (Foster, seconded by Smith, and unanimously carried, that further reading be waived, the ordinance be introduced for first reading, and Resolution 16045 be adopted. 3. ORDINANCES FOR SECOND READING (Introduced 10-15-86) City Clerk read titles of the following: a) Ord 1275 providing a change of zone for portion of De Muth (149) Park to W-0, and b) Ord 1276 amending the CBD Redevelopment Project Area (124) re limitation for use of tax increment. ' after which, it was moved by Foster, seconded by Apfelbaum, and unanimously carried, that further readings be waived, and that Ordinances 1275 and 1276 be adopted. Council Minutes 11-5-86, Page 5 4. PROJECT QUAKESAFE Recommendation: That the Council support the Quakesafe Program, and establish a pilot program to test for accept- ance in the community. City Manager stated that participation in the program is recommended with understanding that an area would be selected as a prototype for the project, although he was not confident that sufficient enthusiasm could be generated to keep it going. He also distributed proposed budget amendment to allocate funds in amount of $3,202, as the City' s share. (104 ) Resolutions 16046 and 16047, approving actions recommended, respectively, were presented; after which, it was moved by Birer, seconded by Apfelbaum, and unanimously carried, that Resolutions 16046 and 16047 be adopted. CONSENT AGENDA: 5. Res 16048 adopting the Fringe Toed Lizard Airport Development Map, dated October 1986, and implementing related mitigation (123) measures. 6. MO 3833 awarding contract to Massey Sand & Rock, for resur- facing Gene Autry Trail , between Ramon Road and Vista Chino, (136) and for Camino Real between Laverne Way and East Palm Canyon Drive, in amount of $155,960; and Res 16049 amending the budget to appropriate additional funds in amount of $56,000 - Agr #2368. 7. MO 3834 approving agreement with the PSUSD to provide a full-time police officer on the High School campus during the 1986-87 (126) school year, in amount of $39,583 - Agr #2369. 8. Res 16050 approving filing application for FETSIM grant for timing plans and coordination of six traffic signals on Ramon (130) Road, from Avenida Caballeros to Crossley Road, and coordination with two signals on both Sunrise and Farrell , and their respective intersections of Baristo and Tahquitz, at an estimated cost of $13,000. 9. MO 3835 authorizing purchase of a turf dump trailer to Valley Wide Equipment, in amount of $5,913.08; an internal departmental ((84) transfer of a mid-size dump truck; declaring two large dump trucks as surplus; and Res 16051 amending the budget to appro- priate $5,914 to purchase the turf dump trailer. 10. MO 3836 authorizing Amendment No. 5 to the State Parks & Recreation Project Agreement for 1974 State Park Bond Act funds, (109) to allow use of property purchased with said funds, for the Tahquitz Regional Park, to be used for flood control purposes, subject to specific conditions. 11. Res 16052 establishing two-hour time limit parking erom 9 a.m. ' to 6 p.m. , at the Vineyard Parking Lot (PA1B10). (108) 12. Res 16053, 16054 and 16055 approving Payroll Warrants and Claims (86) & Demands. It was moved by Foster, seconded by Birer, and unanimously carried, that Resolutions 16048 through 16055 and Minute Orders 3833 through 3836 be adopted. Council Minutes I 11-5-86, Page 6 13. CVJPIA - CONTRACTUAL SERVICES Recommendation: That the Council approve agreement with the CVJPIA for the City to provide risk management services, via the City Risk Manager; and approve an employment contract between the City and Wendy Hamilton, to provide risk manage- ment services to the CVJPIA, at $1,000 per month, commencing November 5, 1986, for one year, with option to extend on a month-to-month basis. Assistant City Manager reviewed his report, a copy of which (12a) is on file with the City Clerk, and stated that the City will recover the cost of Risk Management stuff and expenses in carrying out both agreements; and that the employment contract is expected to run two years, at which time, the CVJPIA anticipates hiring a full time manager. Resolutions 16056 and 16057, approving Agreements 2370 and 2371, as recommended, respectively, after which, it was moved by Apfelbaum, seconded by Smith, and unanimously carried, that Resolutions 16056 and 16057 be adopted. 14. AIRPORT - SKYWEST HUSH HOUSE Recommendation: That the Council , by motion, give concept approval to proposal by Skywest to construct a hush house in connection with proposed relocation of its maintenance operation to the east side of the Airport. Director of Transportation & Energy reported that this matter had been discussed in detail at two previous study sessions; that concerns were raised regarding performance of Jetway, and conversations with its military contacts were shared ' with the Council at the last study session, as well as discus- sion with independent noise consultant, and representatives from Skywest; that if the operation were going at full bore, 24 hours per day, the LEQ at the Dream Homes would be 54. 1 db, and when calculated at the anticipated level of operation (51 ) (given number of minutes per hour) , the LE:Q at that same point would be 45 db, and the existing ambient noise level at that point, without the hush house is 54+ db. He stated that the Council was not being asked to approve the project, but the concept of the hush house and the manlier of addressing the noise level ; and that the details of the proposed lease are to be completed and brought back to the Council . In answer to question by Council , Mr. Adkin„ Skywest, stated that the company has looked at the cost of increasing the size of the facility to handle bigger aircraft, which would be 2.4 times the original cost, and recognizes it is a regional carrier, serving shorter distance markets, and jet aircraft does not function efficientlly at distances less than 300 miles; and the company is confident the facility will serve its needs for many years„ Councilman Smith stated that he does not, and will not, support this proposal ; that he views it as a deviation from ' policy, in allowing something that can be extremely noisy, under the hope that it will be all right. Council Minutes 11-5-86, Page 7 14. AIRPORT It was moved by Apfelbaum, seconded by Birer, and carried by the following vote, that the concept of the proposed Skywest noise abatement facility be approved in concept, provided it can be demonstrated through environmental review processes, that any adverse noise effects can be mitigated, (51 ) and that the facility will comply with the Palm Springs ' Noise Ordinance: AYES: Apfelbaum, Birer, Foster & Bogert NO: Smith ABSENT: None (Note: Councilman Birer was excused for the remainder of , the meeting) 15. ALLOCATED POSITIONS & COMPENSATION PLAN AMENDMENT Recommendation: That the Council approve Amendment No. 6 to the Allocated Positions and Compensation Plan for 1986-87 to provide a change of salary range for the Risk Manager from MX 16 to MX 21. Assistant City Manager stated that the proposed change is recommended as a result of the review of the job description (61) by the Job Evaluation Committee, to reflect increased respons- ibilities associated with changes in the insurance industry. Resolution 16058 approving amendment as recommended, was presented; after which, it was moved by Smith, seconded by Apfelbaum, and unanimously carried, Birer absent, that ' Resolution 16058 be adopted. REPORTS OR REQUESTS: 16. CITY COUNCIL a) 50th Anniversary Celebration Executive Board: Mayor announced appointment of the following persons to serve as an Executive Board to oversee the City' s (60) 50th Anniversary celebration in 1988; and noted that the Desert Museum will also celebrate its 50th anniversary in 1988; after which, it was moved by Bogert, seconded by Apfelbaum, and unanimously carried, that the appoint- ments be approved: Ken Parker, Don Alexander, Laura Temple, Judy Gelfand, Leslie Gebhart, Kim Purcell , Moya Henderson, Don Brown, Richard Milanovich, Barbara Whitney, and Dick Shaloub. b) Councilwoman Apfelbaum requested that there be a follow-up to the matters discussed at the recent City Council-Staff work session. ' 17. PUBLIC reports or requests - None 18. STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. � UDITH SUMICH City Clerk