HomeMy WebLinkAbout12/3/1986 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
DECEMBER 3, 1986
A Regular Meeting of the City Council of the City of Palm Springs,
was called to order by Mayor Bogert, in the Council Chambers, 3200
Tahquitz-McCallum Way, on Wednesday, December 3, 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.
COMMMENDATION:
Mayor presented a plaque of commendation for Curt Ealy' s
services on the Planning Commision during 1985-1986. (74)
Mayor and Fire Chief presented a Special Award Citation
of Merit to John McCallum, for heroism on October 17, 1986, (74)
in rescuing an elderly man and woman from their burning
home.
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 COUNCIL MINUTES:
It was moved by Smith, seconded by Foster, and unanimously
carried, that the Minutes of November 19, 1986 be approved. r
PUBLIC HEARINGS: `
1. CUP 5.0413 - NACKOWSKI APPEAL
Consideration of appeal by Robert Nackowski from Planning
Commission condition of approval of two tennis courts to
be constructed at the back of two lots at the end of the
cul-de-sac on San Joaquin Drive, i .e. , that the courts
be sunken 4 feet.
Planning Director reviewed staff report and stated that
a Conditional Use Permit is required for a tennis court (78)
which does not meet set back requirements in a single family
zone; that sinking the court is common practice; that the
Architectural Advisory Committee recommended denial because
the tennis courts would have a strong impact on the street
frontage of the property but that the Planning Commission
thought the impact could be handled by sinking the courts
4 feet; and that there was only one objection from an owner
in the immediate vicinity.
Upon questioning by Council , Planning Director stated that
building safety is not an issue; that some tennis courts
are designed with a water retention system; that the
applicant could sink the west court 3 feet and the east
court 2 feet, and still have drainage; but if the tennis
courts are sunk 4 feet, some kind of artificial drainage
system would have to be provided.
Council Minutes
12-3-86, Page 2
1. CUP 5.0413 - NACKOWSKI APPEAL (Continued)
Mayor declared the hearing opened.
Bob Nackowski , 330 Promontory Drive West, Newport Beach,
California, stated that the impact of the Desert Flower
Apartments on the value and use of his property was extremely
significant, and the houses were designed to somewhat reduce
the impact; that he was required to install a 4 foot drainage
channel , but considers it useless in view of the apartment
complex construction which is not only close, but
overbearing; that the tennis courts do not impact other
properties and he has a right to develop the project; that
raised tennis courts are economically unfeasible ; that
he does not understand the concern over the two tennis
courts which are needed as a buffer between the house and
the apartments; and that he would like to lower Lot 29
by 2 feet and Lot 28 by 3 feet and force the drainage through
the channel .
Jane Keefer(?) , 2321 North Hermosa Drive, representing
Mr. Erlich, stated that in Mr. Erlich' s opinion, if the
tennis courts are any higher they would obstruct the view
from his back yard ; that he is willing to accept a fence
no higher than 6 feet, but he opposes the tennis courts.
Mr. Nackowski stated that the primary view from the Erlich
home has already been destroyed by the Desert Flower
apartment and his view would be no more obscured than it
is now, and that he would be willing to lower the tennis
courts 2 and 3 feet.
There being no further appearances, the hearing was closed.
Motion by Birer, seconded by Bogert, to allow construction
of the two tennis courts, subject to sinking the court
on Lot 29 by 2 feet and on Lot 28 by 3 feet was later
withdrawn.
Following discussion, it was moved by Foster, seconded
by Apfelbaum, and unanimously carried, that this matter
be continued two weeks, pending further study by staff
as to whether lowering the tennis courts 2 and 3 feet allows
water to drain into the drainage ditch further to the south.
2. CUP 5.0418 - HASTINGS APPEAL
Consideration of appeal by Mark J. Hastings from the Planning
Commission decision of October 22, 1986, to deny a
Conditional Use Permit to construct a preschool to provide
a day care center for 48 children on the north side of
Racquet Club Road between Farrell Drive and Cerritos Road
in the R-1-C zone. (78)
Planning Director stated that there are several
non-conforming structures in the area; that the facility
would sit on a large lot, and be similar to a family home
with a circular drive. He stated that the circular driveway
would accommodate unloading children; however, the Planning
Commission was concerned about traffic, safety and noise
and intrusion on the quietude of the single family
neighborhood. He noted the pink color presented to the
Council is similar to what is to be used.
Council Minutes
12-3-86, Page 3
2. CUP 5.0418 - HASTINGS APPEAL (Continued)
Mayor declared the hearing opened.
Mark Hastings, 13547 Caliente Drive, Desert Hot Springs,
stated that at least three preschool day care facilities
have been operating in the R-1 zone for several years ;
that there have been no complaints; that there are only
12 children out for 20-minute, supervised activity periods,
and the landscaping would create a sound barrier; that
children would arrive at staggered times, and the circular
drive would prevent backup on Racquet Club Road; that an
engineering study showed that even if Racquet Club were
a two-lane street, it could handle all expected future
traffic ; that the parking required by the City is in excess
of the school 's need; that the Preschool would increase
the value and demand of the area, and young families would
consider the area because of the Preschool and its
affordability; that the school would be a dramatic physical
improvement along the street, and the Architectural Advisory
Committee considered it to be an outstanding structure;
that the neighbors would not lose their privacy because
there would only be 12 students out at one time; that
according to the Airport Director the project is not on
the flight path ; and that the CUP is consistent with R-1
zoning use. He presented letters in support of the Preschool
which are on file in the Office of the City Clerk.
The following people spoke in favor of the CUP application:
Donna Mills, 2332 Starr Road, Palm Springs
Jill Perry, 1620 Desert Way, Palm Springs
Lance Scott, 4064 Calle San Rafae'd , Palm Springs
Dorothy Hastings, presented a petition in favor
Carolyn Ryder, 457 Santiego Way, Palm Springs
Kate Buchanan, 70530 Gardenia Court, Rancho Mirage
The following people spoke in opposition:
Anne Osborne Romero, 2215 North Side, stated that according
to Riverside County there are 26 licensed day care centers
in Palm Springs, excluding the number of licensed preschools;
that there are only 1,253 children under the age of five
in Palm Springs ; that this type of facility would interfere
with the quietude of the neighborhood. She stated that
the Preschool would be in the flight path and requested
that the Council uphold the denial , and leave the
neighborhood as it is.
Kathy Morrow, 2245 West Racquet Club Road, stated that
the neighborhood is a residential area, and a preschool
belongs in a commercial neighborhood.
Donald MacDonald, Monkey Tree Hotel , stated that zoning
should protect the neighborhood from adverse occupancy;
that the granting of the CUP would be unfair and inequitable;
and that he favored non-conforming uses of more value.
Kathryn Burdess, 2327 Del Lago Rd.
c51 )
Council Minutes
12-3-86, Page 4
2. CUP 5.0418 - HASTINGS APPEAL (Continued)
Mark Hastings stated he is proposing a quality, extended
care preschool designed for working parents; that the City
Engineer suggested approval , and the Airport Director stated
' that the Preschool would not be in the flight path; that
the Preschool is not incompatible with the area; that the
parking area can handle 15 cars in excess of what is needed;
and that setbacks have been taken into consideration.
There being no further appearances, the hearing was closed.
Planning Director stated that a condition could be added
to preclude placing playground equipment closer than 20-25
feet away from the Hotel wall ; that the Traffic Engineer
had stated that additional traffic would not pose a problem,
and a right-turn only sign in front of the driveway would
be an easier monitor than a no left-turn from Racquet Club;
that noise complaints would be subjective and difficult
to monitor, but that a condition could be made that the
CUP would be reviewed if there were noise complaints; and
that Mark Hastings has said the color of the building would
be adjusted.
Councilmember Apfelbaum stated that the City needs a
preschool ; that Applicant is providing the City with quality
education; that Racquet Club Road is a four-lane street,
and she did not think stacking would be a traffic problem;
and recommended approving the appeal , but sending the matter
back to Planning Commission for further review.
Resolution 16064 approving the Conditional Use Permit,
subject to further review by Planning Commission, was
presented, after which, it was moved by Apfelbaum, seconded
by Birer, and unanimously carried, that Resolution 16064
be adopted.
Following further discussion relative to traffic, it was
the consensus of the Council that traffic concerns should
be addressed by the Traffic Engineer.
3. CUP 5.0416 - U.S. SPRINT
Recommendation: That the Council approve a Conditional Use
Permit to allow an unmanned telephone switching station to
be located on the NW corner of Radio Road and Indian Avenue,
Section 34.
Director of Community Development stated that this matter (78)
was reviewed at the last study session, and the Council had
expressed concerns about the architecture.
Councilmember Smith stated that he owns property across the
street from the proposed site and would abstain.
' Chris Mills, Architect, 121 South Palm Canyon, Suite 222,
stated that the structure would be 8 feet high., constructed
of textured concrete and include a 6 foot fence and oleander
hedge, and the hedge would prevent the structure from being
seen; and that the building would be built far back on the
property to assure that it would not be seen.
8 i
Council Minutes
12-3-86, Page 5
3. CUP 5.0416 - U.S. SPRINT (Continued)
Resolution 16065 approving the action, as recommended, was
presented; after which, it was moved by Foster, seconded
by Apfelbaum, and unanimously carried, Smith abstaining, '
that Resolution 16065 be adopted, subject to making the
building more attractive, and Architectural Advisory Committee
review.
PUBLIC COMMENTS
a) Goldfink (George Goldberg) stated that contracts and
checks are being illegally issued to a contractor in
the company' s name, even though the license and bond
have expired.
b) Jane Carter, resident at Farrell and Tamarisk, urged
Council to do careful research before making a decision
to allow the ten promotional flights of the Concorde
in the City; that the Bob Hope Classic would create (51)
additional traffic at that time; and that she is neither
for nor against the Concorde, but that residents would
find the landings very disturbing.
c) James Hopkins, A La Mode, 318 North Palm Canyon, requested
that a zoning enforcement officer check the signing at
his business so people can see the sign and be aware
of his location.
City Manager stated that Information Manager and Planning
Director have been to the site; that a zoning enforcement
officer has been working with Mr. Hopkins; that several
owners of businesses at that location have also been
contacted as to the possibility of redoing the signing
to improve visibility, but the manager of the complex
was out of town, has control of that issue, and will
be contacted with the possibility of moving or changing
the color of the signs.
LEGISLATIVE ACTION
4. P.S. YOUTH CENTER SITE
Recommendation: That the Council authorize relinquishing
the covenants, conditions, restrictions and the City's first
option to purchase the property at 3601 East Mesquite, which
was originally sold by the City to the P.S. Youth Center;
such relinquishment subject to the condition that the property
be sold to the P.S. Unified School District .
Director of Community Development stated that the P.S Youth
Center is proposing to sell the property to the School
District, and is asking that the covenants, conditions,
restrictions and first option to purchase the property be '
removed from the title; that at the last study session Council
expressed concern about removing the condition to relinquish
the first option to purchase on the sale of the property,
and recommended that the condition remain on the property.
He stated that minor amendments to the resolution would
be necessary to retain the option of first right of refusal
on the sale, i .e. :
1
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U ry
Council Minutes
12-3-86, Page 6
4. P.S. YOUTH CENTER SITE (Continued)
1. "First Option to Purchase" would be deleted from the
heading of the resolution ;
2. Section 1 would read ". . .approve relinquishing the
covenants, conditions and restrictions, however, retaining
the first option to purchase the property. . . " ; and,
3. The words ". . .first option to purchase. . . " be deleted
from Section 2. and 3.
Bob James, 1088 E. Vista Chino, President of the Youth Center,
stated that the negotiations between the Center and the School
District are moving toward a reduced market price, in return
for a 20-year lease to the Center at $1 per year; that the
District is anxious to acquire the property for a continuation
school , primarily because of the gymnasium. He stated that
under State Law, and school funding prohibitions, the District
could build a new continuation school on other sites, but
could not allow financing the construction of a new gymnasium
in conjunction with such a facility; however, if a gymnasium
already exists on the site of such a facility, it could provide
improvements under the "Field Act" ; that the value of the
Center' s facility is $1.2 million, and the value of the
Fielding Act improvements is $1.2 million, and the purchase
price is yet to be determined, but the negotiations may result
' in some type of lease-option arrangement, whereby the District
would not actually purchase the property until perhaps ten
years later. lie expressed concern that the City would exercise
its option at that point.
Discussion between Councilmembers and Mr. James clarified
his understanding of the City' s position, in particular,
that the City did not wish to interfere in the transaction
between the District and the Center, and by whatever means
achieved, or whenever it occurred, as long as the property
is sold to the District, the City's option for first purchase
would only be exercised if the School District decided to
sell the property. If the transaction were never consummated,
before the Youth Center could sell the property to anyone
else, the City would have the right of first refusal .
Resolution 16066, as amended, was presented, after which
it was moved by Birer, seconded by Foster, and unanimously
carried that Resolution 16066, as amended, be adopted.
5. AIRPORT HOTEL
On November 19, 1986, Council continued consideration of
providing extension to finalize lease documents, and relocate
proposed lease site, subject to further review.
(51)
Airport Director stated that Mr. McComic had indicated that
moving the hotel 375 feet south would not create a hardship,
but subsequently has stated that his partners are unwilling
to accept the idea, and he was advised that the City would
proceed with the Master Plan. He stated that because of
the change in Mr. McComic ' s position, he could not recommend
continuing an exclusive right to negotiate.
Council Minutes
12-3-86, Page 7
5. AIRPORT HOTEL (Continued)
No action was taken, exclusive right to negotiate has expired,
the Master Plan will proceed, and new proposals may be sought
some time in the future.
6. AIRPORT - OUTDOOR PASSENGER HOLDING AREA
Recommendation: That the Council award construction contract
for an outdoor passenger holding area, in the vicinity of
Gate 8, CP 86-31.
Airport Director stated that this was reviewed at the last
study session; that no bids were received ; and that staff
recommended the City Manager be given authority to execute (51,)
negotiated contract(s) for the construction of the outdoor
waiting area, not to exceed $85,000.
Resolution 16067 authorizing City Manager to execute a
negotiated contract(s) for the construction of the outdoor
waiting area, not to exceed $85,000, was presented, after
which, it was moved by Apfelbaum, seconded by Birer, and
unanimously carried, that Resolution 16067 was adopted.
7. MUNICIPAL CODE AMENDMENT ( Intro 11-19-86)
Assistant City Clerk read the title of Ordinance 1278, '
regarding Utility User Tax Amendment (water supplier use
of electricity) ; after which, it was moved by Smith, seconded (140)
by Birer, and unanimously carried, that further reading be
waived and Ordinance 1278 be adopted.
CONSENT AGENDA:
8. MO 3842 awarding purchase of a self-powered riding turf sweeper
to Pacific Equipment & Irrigation, in amount of $7,918.20. (84)
9. MO 3843 waiving formal bid and awarding purchase of a forms
burster and forms decollator to Uarco, in amount of $4,862. 51 (11'7)
and $2,386, 18, respectively.
10. MO 3844 awarding contract to Massey Sand & Rock Co. , for
parking lot addition at Desert Highland Park, in the amount (109)
of $27,434, CP 86-23, Agr #2378.
11. Res 16068 approving a 12-month time extension for TTM 19447 ,
located east of Virginia Road, north of Racquet Club Road, (137)
Section 3 -- Webb/Timothy R. Binder.
12. MO 3845 waiving formal bid and authorizing purchase of employee
service awards from O.C. Tanner Company, in amount of (110)
$9,858.35.
13. Res 16069 and 16070 approving Payroll Warrants and Claims (86)
and Demands.
It was moved by Smith, seconded by Birer, and unanimously
carried, that Resolutions 16068 through 16070 and Minute
Orders 3842 through 3845, be adopted.
Council Minutes
12-3-86, Page 8
14. BAGGAGE CLAIM CHANGE ORDER NO. 3 - AIP-06
Recommendation: That City Council approve Change Order No.
3 to the Baggage Claim Addition contract with Baldi Brothers
for an increase of $32,118.03, Agr 12320.
(51)
MO 3846, approving Change Order No. 3, was presented; after
which, it was moved by Birer, seconded by Foster, and
unanimously carried, that MO 3846 be approved.
15. PA6 - PAC
Mayor announced the appointment of Robert Koshgarian, Jr. ,
to the North Palm Canyon Project Area Committee; after which, (124)
it was moved by Foster, seconded by Birer, and unanimously
carried, that said appointment be approved.
16. CONCORDE
Airport Director stated that Air France has been advised
that promotional tours of the Concorde should take place
before the Bob Hope Classic; that landing fees would be double,
and Air France would be responsible for all overtime and (51)
additional security costs ; that since the flights would impact
the community with additional noise, the promoter should
bear some of the burden of mitigating noise at the Airport,
and pay a noise abatement fee of $5,000 per flight, which
would help defray the cost of constructing the northeast
noise barrier wall at the Airport; that Air France has not
approved the whole package, and more time is needed for further
negotiations, and to research the noise and reverberation
issues; and that the Airport Commission has mixed reaction
to the flights due to a commitment not to create additional
noise.
City Manager stated that a decision is needed by early next
week, and the Airport Director will research the issue further.
Councilmember Foster stated that he would like to get citizen
involvement.
Jane Carter stated that if the decision is to allow promotional
flights, there would be no way to pacify perimeter residents
who are anxious to have the noise barrier wall soon, but
are not sure if the Concorde flights are worth it; and that
people are not sympathetic, and very emotional about this
subject.
Councilmember Apfelbaum stated that the noise barrier wall
will reduce future noise by 10 decibals, and that the flights
are worth considering.
Councilmember Smith stated that the City is obligated to
the mitigation whether the Concorde comes here; and that
he would like to ask the people who live in the area what
their opinion is regarding the flights.
It was the consensus of the Council that this matter be
continued to December 9, 1986.
Council Minutes
12-3-86, Page 9
17. WILD ANIMAL REGULATIONS
City Manager stated that the Council has the option to prohibit
possession of a specific species, or all wild animals, under (10:3)
its police power, but that there are a lot of people who
would be affected; and that he would like the Council to
hear the matter at its next regular meeting.
City Attorney stated that representatives of the State
Department of Fish and Game have urged that the City totally
prohibit possession of any undomesticated cats, which is
the direction the State law is moving toward; and that the
matter is to be scheduled for December 9, 19815.
18. RENT REVIEW GUIDELINES
City Manager stated that there is some urgency in the matter, (85:1
and suggested it be presented at the next: regular Council
meeting.
REPORTS AND REQUESTS
19. CITY COUNCIL REPORTS OR REQUESTS
a) Councilmember Smith recommended that: the Planning
Commission review the exterior, pink color of the K-Mart
store at the Palm Springs Mall ; and Councilmember Foster
stated that, even if the color had been approved, it '
should be reviewed, and not continued further around
the exterior of the complex.
20. PUBLIC REPORTS OR REQUESTS - None
21. STAFF REPORTS OR REQUESTS - None
ADJOURNMENT
There being no further business at 10: 13 p.m. , Mayor declared
the meeting adjourned to Tuesday, December 9, 1986, at 3:00
p.m. , in the Council Chambers.
JUDITH SUMICIH
City _Clerk
By : PATRICIA J NES
Assistant City lerk