HomeMy WebLinkAbout3/4/1987 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
MARCH 4, 1987
A Regular Meeting of the City Council of the City of Palm Springs,
California, was called to order by Mayor Bogert, in the Council
Chamber, 3200 Tahquitz-McCallum Way, on March 4, 1987, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Apfelbaum, Birer, Foster, Smith
and Mayor Bogert
' Absent: None
The meeting was opened with the salute to the Flag and a Moment of
Silence.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted on February 26, 1987,
pursuant to established Council policy.
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 MINUTES:
It was moved by Smith, seconded by Apfelbaum, and unanimously
carried, that the Minutes of February 4, 10 and 18, 1987,
be approved.
MAYOR PRO TEM:
Mayor called for nominations for the office of mayor pro
tem; after which Eli Birer was nominated, and it was moved
' by Apfelbaum, seconded by Smith, and unanimously carried, (7)
that Mr. Birer be elected for the ensuing term.
PUBLIC HEARINGS:
1. VARIANCE 6.355 - H. WOUK
Consideration of appeal by H. Wouk from Planning Commission
denial of a variance for reduction in setbacks at 303 Crestview
Drive.
Planning Director reviewed report of Director of Community
Development, and stated that he made an inspection of the
site this date, and after talking with Earl Neel , determined
that the house was probably built in the early 1930s or late (146)
1920s, in which case it would have been within the County,
which allowed a 5-foot setback; that a large amount of stone
was used in constructing it, which makes it difficult to
remodel ; that the Council may direct staff to develop language
that it is not a special circumstance in the future, and
allow the variance; that this case is an example of the type
of project which fits into the historical overlay study
underway, and one which might be allowed to be processed
under an Administrative Minor Modification, once an analysis
' of the project and surrounding area had been made; that other
changes over the years have complied with the Codes, although
in some cases there are encroachments into the setback which
should have gone through the Planning Commission; and that
granting of the variance, would still require Architectural
Approval .
Council Minutes
.3 3-4-87 Page 2
1. VARIANCE 6.355 (Continued)
Mayor declared the hearing opened.
Rich Fisher, architect, stated that the project uses a lot
of native canyon stone, is an historic structure, well main-
tained, and demolition or destruction of its architecture '
would be inappropriate; that the request is for a 12' x 12'
addition to the kitchen to permit a kosher kitchen; and that
the applicant desired to complete the appeal process before (146)
proceeding further with working drawings.
Bill Byrne, 301 Overlook, spoke in favor of the appeal , and
stated that the neighbors cannot even see into the yard,
and was certain that the project would not be any problem,
completed in good taste, and not be a safety hazard in the
setback.
There being no further appearances, the hearing was closed.
Councilmember Apfelbaum stated that the project falls within
the type of historical character and remodelling concerns
that the Council has been concerned about; that the setbacks
match the existing building, and it is a logical addition,
and one she would support.
It was moved by Smith, seconded by Apfelbaum;, and unanimously
carried, that the Planning Commission denial be overruled,
and the variance granted, based on the following findings,
and subject to Architectural Approval :
a) There are special circumstances relating to the size, ,
shape, topography, history and location.
b) The granting of the variance will not be a special
privilege in that other properties in the area would
not be entitled to request a reduced setback based on
reasons other than physical constraints of the property.
c) The granting of the variance would not: be detrimental
to the site nor adjacent neighbors.
d) The granting of the variance would not adversely affect
the objectives of the General Plan nor the development
standards of the Zoning Ordinance.
Al. TPM 21744 - CASA VERDE
Recommendation: That the Council approve TPM 21744 to consoli-
date two lots into a single parcel on the north side of Amado
Road, east of Hermosa Drive, Roger Friedman, Casa Verde (previ-
ouslysubdivision approval re: TM 14009) .
Planning Director highlighted report of Director of Community
Development, and stated that the project combines two lots
and conforms an old map to current engineering and legal
status; that the project is moving through plan check, and
some public testimony was received about the apartments being
built; that the use is allowed by right-of--none, and subject
to review under Architectural Approval .
Mayor declared the hearing opened; there being no appearances,
the hearing was closed.
Council Minutes 9 1
3-4-87 Page 3
Al. TPM 21744 (Continued)
Resolution 16130 approving tentative map, as recommended,
was presented; after which, it was moved by Apfelbaum, seconded (119)
by Foster, and unanimously carried, that Resolution 16130
be adopted.
' PUBLIC COMMENTS:
a) Marjorie Taft, Desert Fashion Plaza, spoke in support
of Item 4, and stated that sponsorships are anticipated ( )
to support the program in the future, and several have
already been received from local businesses.
b) Tuck Broich, Pres. Merchants and Citizens Association,
stated he favored the entertainment program, but because
of the City's budget deficit, the $6,000 could be better ( )
spent than subsidizing private projects. He also stated
that a number of merchants will be adversely affected
by closing a portion of Municipal Lot 2, in favor of
rental to two adjoining businesses ( Item 11).
c) Byron Vice (?) , representing developer for Item 5, stated
that they have met with City staff to clarify City concerns
and how those are addressed. He specifically noted that
lot sizes have been increased; that the five parcels
will be combined into three; that a restaurant, service (123)
station and hotel are proposed, with a common access
between the station and hotel ; and that seven acres will
remain for future development.
' LEGISLATIVE ACTION:
2. REFINANCING CERTIFICATES OF PARTICIPATION
Recommendation: That the Council approve refinancing of
the Public Facilities Corporation 1984 Certificates of Partici-
pation for the Wastewater Treatment Plant expansion in amount
of $20.6 million, and for Cogeneration and new Police facili-
ties, in amount of $11.8 million, including review and approval
of related documentation.
Matter to be rescheduled for March 18, 1987 meeting.
3. CONVENTION CENTER - CONSTRUCTION CONTRACT AMENDMENT
Consideration of amendment to contract with McDevitt & Street
for construction of the Convention Center.
Matter to be rescheduled for March 18, 1987 meeting.
4. DOWNTOWN ENTERTAINMENT
Recommendation: That the Council approve downtown entertain-
ment proposal with the Vineyard, Amado Center, and Desert
Fashion Plaza, subject to certain conditions, including a ( )
' 50% reimbursement from the three centers, based on a total
cost of $12,000.
Redevelopment Planner reviewed report of Redevelopment Director
and request by the shopping centers for the City to match
$6,000, which will allow up to 18 days of entertainment;
that the program would be coordinated by the Parks & Recreation
9-;31)
Council Minutes
3-4-87 Page 4
4. DOWNTOWN ENTERTAINMENT (Continued)
Department, with reimbursement to the City by the merchants;
and that the sponsors would be listed in flyers to be printed.
Councilmember Smith stated that the City has a vested interest
in improving the downtown area and increasing sales taxes, ( )
and it is incumbent to do whatever it can to increase activity '
downtown.
Councilmember Apfelbaum stated that she will support the
program again, however, considers it in the domain of private
enterprise, and hoped it would come forward that way in the
future.
Resolution 16131 approving proposal , and Resolution 16132
appropriating City share, as recommended, were presented;
after which, it was moved by Smith, seconded by Birer, and
unanimously carried, that Resolutions 16131. and 16132 be
adopted.
5. TPM 21921 (COUNTY)
Recommendation: Thai; the Council recommend that the County
deny or redesign Tentative Parcel Map 219211, and reconsider
lot size, access, buffers, overhead utilities, wind erosion
and illegal dumping, for a 20-lot industrial/c:ommercial subdi-
vision on the SW corner of I-10 and Indian Avenue. (123)
Planning Director reviewed report of Director of Community
Development, and stated that the applicant has made some
modifications to address the concerns of the Planning Commis- '
sion, however, he recommended that the recommendation to
the County remain as originally drafted in order to make
sure those items are in fact reflected in any changes in
plans; that the recommendation regarding screening from the
highway refers to buffering the view of backyard storage,
etc, and not that the entire project should not be seen;
that the County requires undergrounding, but there is existing
overhead and it appears there is no requirement to eliminate
it, which should be further reviewed;, and there is considerable
work to make the project one which comes up to acceptable
City standards.
Councilmember Smith inquired about sewer service, and
questioned the rationale for allowing septic tanks for a
hotel project.
Planning Director stated that the County its exploring the
possibility of an assessment district under redevelopment,
but as a broad concept and not specifically related to this
project.
Resolution 16133, adopting recommendation to the County,
as recommended by the Planning Commission, was presented;
after which, it was moved by Smith, seconded by Apfelbaum, '
and unanimously carried, that Resolution 16133 be adopted,
with recommendation that consideration be given to addressing
the subject to sewage disposal .
Council Minutes
3-4-87 Page 5 9 4 0
6. MUNICIPAL CODE AMENDMENTS ( Intro. 2-18-87)
City Clerk read title of Ordinance 1281, regarding reduced (132)
speed limit zones; and
Ordinance 1282, regarding Community Services Commission and
department name changes; after which, it was moved by Smith, (60 &
seconded by Foster, and unanimously carried, Lhat further 120)
reading be waived, and that Ordinance 1281 and 1282 be adopted.
' 7. FLOOD WARNING SYSTEM
Consideration of request by CVCWD to support an effort to
require Federal funding for a flood warning system along
the Whitewater River basin ($300,000).
City Manager stated that Council had requested additional (88)
information, but staff has not been able to make contact
with the District to get a response, and that this matter
could be delayed or acted upon, and staff will pursue obtaining
the information.
Resolution 16138, supporting the effort as requested, was
presented; after which, it was moved by Smith, seconded by
Foster, and unanimously carried, that Resolution 16138 be
adopted.
CONSENT AGENDA:
8. MO 3882 approving agreement with Basmaciyan-Darnell , Inc. , to
collect field data necessary to implement the Fuel Efficient (130)
Traffic Signal Management program (FETSIM), in amount of $6,957,
' Agr 12403.
9. MO 3883 accepting proposal of Telecommunications Management
Corp. to provide consulting services relative to the CATV (89)
refranchising process, for $13,000 - Agr #2404; and Res 16134
amending the budget to appropriate necessary funds therefor.
10. Res 16135 and 16136 approving Payroll Warrants and Claims & (86)
Demands.
11. Motion concurring in CRA Res. 456, 458, 459 and 460, and Res. (124)
16137 concurring in Res. 461, 462 and 463.
12. MO 3884 extending purchase order to approve purchase of a 72-inch
riding rotary mower from Pacific Equipment & Irrigation Inc. , (84)
in amount of $9,072. 54 (see MO 3864) .
13. MO 3885 approving purchase of two police vehicles through the (84)
State Department of General Services, in amount of $24,059.88.
It was moved by Apfelbaum, seconded by Birer, and unanimously
carried, that Resolutions 16134 through 16137 and Minute
Orders 3882 through 3885 be adopted.
1 1 Council Minutes
3-4-87 Page 6
14. MUNICIPAL PARKING LOT 2 - VALET PARKING
Recommendation: That the Council approve an agreement with
Robert Allen, dba Gatsbys of Palm Springs, and James Offord,
dba Cafe St. James, for valet parking in Municipal Parking
Lot No. 2, at a season rate of $250 per month, and a non-season
rate of $150 per month, for approximately 50% of the spaces
from 9 p.m. to 2 a.m. , daily - Agr #2405. (Note: Subsequent
to preparation of the proposed agreement, request was made '
to consider a starting time of 6 p.m. , which was the subject
of discussion at the last study session).
Redevelopment Planner reported that the Redevelopment Director
spoke today with merchants and tenants around the parking
lot, and two were concerned about starting earlier than 9
p.m. ; that the staff recommends allowing a start time of (108)
7 p.m. , but that the northerly access remain open until 9 p.m. ,
and if a problem occurs, the start time be delayed until
9 P.M.
Councilman Birer stated that it would be better to keep the
start time at 9 p.m. , and monitor it closely; and that if
there are no problems, an amendment can come back to the
Council for consideration of an earlier start,.
Councilmember Smith requested that the operation be closely
monitored, since a similar operation posed problems in past
years.
Resolution 16139, approving the agreement, setting the starting
time at 9 p.m. , was presented; after which, it was moved
by Apfelbaum, seconded by Birer, and unanimously carried, ,
that Resolution 161.39 be adopted.
ADDED STARTERS: None
REPORTS & REQUESTS:
15. CITY COUNCIL reports or• requests
a) City staff complimented on the new landscaping of traffic
islands at Palm Canyon and Granvia Valmonte.
16. PUBLIC reports or requests - None
17. STAFF reports or requests
a) PUBLIC NUISANCE ABATEMENTS: Received for filing Proceeding
and Accounting Reports for abatement of various public (57 )
nuisances city-wide. Hearings to be scheduled by City
Clerk.
b) City Manager reported that the County staff report on
Andreas Cove project was received late this date; that
City staff will begin preparing appropriate responses (123)
in line with Council actions and views previously expressed, '
both to the County Planning Commission, and to the local
newspaper in response to an ad contained on this date,
which included inaccurate statements.
ADJOURNMENT
There being no further business at 8:35 p.m. , Mayor declared
the meeting adjourned. p7
�. tl ITH SUMICH
City Clerk