HomeMy WebLinkAbout4/15/1987 - MINUTES CITY OF PALM SPRINGS
2 5 CITY COUNCIL MINUTES
APRIL 15, 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 Wednesday, April 15, 1987,
at 7:30 p.m.
ROLL CALL: Present: Councilmembers Birer, Foster, Smith and
Mayor Bogert
Absent: Councilmember Apfelbaum
The meeting was opened with the Flag Salute and a Moment of Silence.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with Council
policy on April 10, 1987; that the need for action relative
to Added Item 15, was determined by unanimous approval at
the last study session; and that there were no other additional
items for consideration.
PRESENTATION OF AWARDS:
Community Service Awards: First Annual award presented on behalf
of the City Council and the Parks & Recreation Commission to
Dr. Bernard Poliak, for individual time and energy toward (74)
community projects and services; and to Parks For People for
similar group efforts and monetary contributions.
Employee Recognition Awards presented to: Frank Banks,
Transportation & Energy; Crystal Patten, General Operations ; (110)
and Randy Westrick, Parks, Recreation & Library. -
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 Foster, and unanimously
carried, Apfelbaum absent, that the Minutes of April 1, 1987,
be approved.
PUBLIC HEARINGS:
1. ZTA 5.0436 - RESORT OVERLAY ZONE
Recommendation: That the Council amend the Zoning Text to
create an "R" Resort Overlay Zone, to protect properties
with the potential for providing resort commercial uses from
certain competing uses; and to apply the zone to certain
properties citywide. (103)
City Attorney stated his finding that there is no conflict
barring any member of the Council from participating in this
decision because of ownership of property in the areas to —
which the overlay would apply, because: a) to make such
finding, it must be found that it is reasonably foreseeable
that the decision would have a financial effect on the
Council Minutes
4-15-87 Page 2
1. ZTA 5.0436(Continued)
financial interests held by the member, which would be material
and distinguishable from the effect of the decision on the
public, generally; that the decision does not appear to add
any potential land use, but rather adds a layer of approval
as to certain uses; b) there is no financial effect on property
which is already improved; c) there is no reasonably
foreseeable affect on vacant land; d) the overlay zone affects
about 10% of the developable area of the City, excluding
Palm Hills, and effects a significant segment of the public,
but no greater on the Council .
Planning Director report that the initial intent in developing
the recommendation was to preserve prime hotel sites, mostly
along East Palm Canyon Drive; that hotel and apartment sites
around the City have been identified and mapped, including
major property around the Convention Center; that the avigation
easement overlay concept was used, and properties in question
are identified; that the proposal would extract permanent
multi-family uses, and require those be approved under a
use permit, but allows the Planning Commission to determine
that such use is the most appropriate for the site; that
any use which would now require a use permit will be legally
conforming, and there will not be any non-conforming uses
as a result of this proposal ; and that the Tribal Council
agrees with the recommendation. He also stated that in line
with discussion at the Study Session, the ordinance was revised
that the use permit requirement for multiple-family dwelling
project would be qualified, to read, "Such Permit is subject
to the Planning Commission making findings that the proposed
use is compatible with its surroundings and that the site
' in question is not appropriate for other uses allowed by
right within the underlying zone. "
In answer to question by Council , the Planning Director
reported that about 1/3 of the land remaining for multi-family
development is outside of the overlay area.
Mayor declared the hearing opened.
Steven Lyle, 2213 Del Lago, spoke in opposition, stating
that the action is premature, inconsistent with the General
Plan which adequately addresses meeting the tourist goals;
and will erode private property rights; that environmental
effects were not considered, i .e. , sewer, traffic and density;
that it is equivalent to de facto moratorium on development
of prime land; that it doubles density, and precludes some
types of "inns" and is recommended without benefit of a General
Plan amendment; and that a CVAG study showed that only 150-200
more rooms per year would be required once the projects under
way are completed, which mean it would take 70 years before
the overlay areas would be developed.
There being no further appearances, the hearing was closed.
Planning Director reported that the General Plan designates
both sides of Tahquitz as resort-commercial , east to
approximately Hermosa, and the remainder is high density
residential hotel , large scale commercial designation; that
the C-1AA extends back 300 feet, and is then abutted by R-4VP
which is a support to the C-IAA zone.
i
957 Council Minutes
4-15-87 Page 3
1. ZTA 5.0436 (Continued)
Councilmember Birer stated that the proposal sets up the
opportunity for the Commission to review residential
development, and does not remove development rights, rather
establishes one more step in the approval process; that very
valuable land which might have made a great restaurant row,
or hotel area, has been turned into apartments or condominiums
which are difficult to sell ; that it is the Council ' s right
to guard against that, and impose one more review for
high-density residential which comes before the Commission.
In answer to question by Council , Planning Director reported
that suite hotels are now subject to a PPDD, because a unit
with a kitchen is deemed an apartment; that the revised Zoning
Ordinance will allow for some type of kitchen facilities
in hotels by right of zone, unless in excess of 10% of the
units, in which case, a use permit would be required to assure
that a hotel is retained, and the project not converted to
apartments; and that two projects with mini-kitchens have
been approved.
Councilmember Smith stated that there is more suitable land
for apartments than these prime location's; that control is
provided through the use permit process; and that he did
not want to create a problem to allow suite hotels.
Planning Director stated that it was not the intent to affect
hotel development.
City Clerk read title of the Ordinance, as follows: '
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING ORDINANCE TO CREATE AN "R" RESORT
COMBINING ZONE AND TO PLACE THE OVERTLY ZONE ON CERTAIN
PROPERTIES, CITYWIDE.
It was moved by Birer, seconded by Smith, and unanimously
carried, Apfelbaum absent, that further reading be waived,
and that the Ordinance be introduced for first reading.
PUBLIC COMMENTS:
a) Mr. Kristoff (sp?), 177 Mesa Drive., alleged that the
City, in its efforts to control the Easter Week influx
of young people, has left the remainder of the community
unprotected; and that a "recreation prison" is created
downtown, and the merchants are being kept from making
money. He stated that he is interested in starting up
food and beverage businesses.
b) Connie Gergley, Valley Player' s Guild, read a prepared
statement, a copy of which is on file with the City Clerk,
seeking assistance in finding a permanent location for
the Guild to perform. '
c) Frank Tyson, 175 Cahuilla, Casa Cody, stated that the
press coverage and comments by the Police Chief give
the impression that the City is under siege; that most
of the area is calm, and many places do not the very
young visitors; and that a statement should be made to
let people know that it is alright to come to Palm Springs,
and not let the news media run the show.
Council Minutes
4-15-87 Page 4 L
d) The following people expressed strong concern about noise
from the Oasis Water Park, and allowing evening concerts:
Tom McDonald, 5187 Cherry Hills Drive; and Florence Coffee,
2127 Brentwood. It was noted that the City will be meeting
with the owners of the Park, and off-site decibel readings
have been taken within the vicinity of the Park, which
although slightly higher than allowed by Ordinance, was
within the range of normal highway noise.
e) George Goldberg restated comments he has made in the
past relative to waste disposal , street sweeping, street
repair, waste of time and materials, and code enforcement.
f) Frank Coffee requested information concerning the status
of the auto park on East Ramon Road. Suggestion made
that he contact City staff for a review of the project.
g) Tuck Broich, 129 The Plaza, commended the Police Chief
for the manner in which law enforcement efforts have
been taking place during Easter Week, and stated that
it will set the tone which will help to bring people
to this area in the future, knowing that it is safe;
and that as the person in charge of volunteers during
the week, he vouched for police calls and responses to
requests for service throughout the community.
LEGISLATIVE ACTION:
2. AIRPORT AIP-06 - BAGGAGE CLAIM
Recommendation: That the Council approve Change Order 4
to increase contract with Baldi Bros. Constructors, Inc. ,
by the amount of $6,548. 13, Agr #2320. Director of
' Transportation & Energy highlighted his report, which was
reviewed in detail at the last study session.
(51)
Minute Order 3900 approving Change Order, as recommended,
was presented; after which, it was moved by Birer, seconded
by Foster, and unanimously carried, Apfelbaum absent, that
Minute Order 3900 be adopted.
3. AIRPORT - SOUTH RAMP EXPANSION
Recommendation: That the Council award contract to Massey
Sand & Rock Company in the amount of $537,751. 50 for expansion
of the south ramp, CP87-01, Agr 2416. Director of
Transportation & Energy highlighted his report which was (51)
reviewed in detail at the last study session; and noted that
the project is 90% grant funded.
Minute Order 3901 awarding contract, as recommended, was
presented; after which, it was moved by Birer, seconded by
Foster, and unanimously carried, Apfelbaum absent, that Minute
Order 3901 be adopted.
CONSENT AGENDA:
' 4. Res 16174 approving reimbursement and repayment agreement between (139)
the CRA and the City (see above CRA item) - Agr 2417.
5. Res 16175 approving agreement with Bud Cole for downtown
entertainment for $8,600 - Agr 2418. (50)
i
?�3 Council Minutes
4-15-87 Page 5
6. MO 3902 approving agreement with Bill Hessen to complete the
video-oral history project, funded by McCallum Desert Foundation ( 117)
grant - Agr 2419.
7. Res 16176 amending the budget to appropriate $55,000 to re-roof (61)
the Pavilion.
8. MO 3903 approving agreement with Nan Claire iynberg to complete
the Video-Oral History Project, funded by McCallum Desert ( 117
Foundation, not to exceed $5,000 - Agr 2420.
9. Res 16177 amending the budget to appropriate funds to cover annual (61)
sick leave and vacation payouts.
10. Res 16178 amending the budget to appropriate $16,700 to purchase ( 117)
and install new freezer box and related shading for the Animal
Shelter.
11. MO 3904 accepting proposal from First Interstate Bank for banking
services for four years beginning July 1, 1987 - Agr 2421. (86)
12. MO 3905 ratifying retention of Larry McDonald, to provide
accounting services at a rate of $20 per hour, not to exceed (86)
$8,400.
13. Res 16179 amending budget to provide additional funds in amount
of $2,750 for City Attorney contractual services. (61)
It was moved by Smith, seconded by Foster, and unanimously
carried, Apfelbaum absent, that Resolutions 16174 through
16179 and Minute Orders 3902 through 3905 be adopted. '
14. SUNRISE WAY, et al - RECONSTRUCTION
Recommendation: That the Council award contract to Massey
Sand & Rock to reconstruct Sunrise Way, from East Palm Canyon
to Toledo Avenue; and to resurface Amado Road, from Sunrise
Way to Farrell Drive, and LaVerne Way, from Camino Real to
South Palm Canyon, for $292,116 - CP86-05, Agr 2422. Director
of Community Development highlighted his report, which was (136)
reviewed in detail at the last study session. SUN
Minute Order 3906 awarding contract as recommended, was
presented; after which, it was moved by Smith, seconded by
Birer, and unanimously carried, that Minute Order 3906 be
adopted.
ADDED STARTERS: (Determined eligibility for consideration by unanimous
approval at study session)
15. SPHERE OF INFLUENCE -- DEVERS-PALO VERDE TRANSMIISSION LINE
Recommendation: That the Council recommend approval of
upgrading existing 220KV transmission line west of Devers, 1:1231
and express concern about expanded use of the Devers
substation. Report highlighted by Planning Director.
Resolution 16180 supporting approval as recommended, was
presented; after which, it was moved by Foster, seconded
by Smith, and unanimously carried, that Resolution 16180
be adopted.
Council Minutes
4-15-87 Page 6 �t7n
REPORTS OR REQUESTS:
16. FRANCHISE REPORTS - Received for Filing
a) Southern Calif. Edison - $429,726.97
_ b) Southern Calif. Gas - $160,255. 52 (89)
17. CITY COUNCIL reports or requests - None
18. PUBLIC reports or requests - None
19. STAFF reports or requests - None
ADJOURNMENT
There being no further business at 8:40 p.m. , Mayor declared
the meeting adjourned to Tuesday, April 21, 1987, at 3 p.m.
in the Large Conference Room, City Hall .
c
'C JUDITH SS H
City Clerk