HomeMy WebLinkAbout12/2/1987 - MINUTES CITY OF PALM SPRfiMCS
1127 CITY COUNCIL MINUTES
DECEMBER 2, 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, December 2,
1987 at 7:30 p.m.
ROLL CALL: Present: Councilmembers Apfelbaum, Birer, Foster,
Smith and Mayor Bogert
Absent: None I
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 November 25, 1987.
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 .
PUBLIC HEARINGS:
1. VARIANCE 6.359 - VICTOR' S RESTAURANT
Consideration of appeal from Planning Commission denial
of variance from open space requirements to allow expansion
of a bar area for a restaurant at 1900 E. Palm Canyon
Drive.
Planning Director reported that the request is to add
about 250 square feet into the pool and courtyard area I
for a dance floor in the bar and dining area; that the
project was built under prior code requirements and has
a 5% open space deficiency; that there is a parking
deficiency, but it would not be increased because of the
small addition; that the Planning Commission was unable
to make the required findings; and one Commissioner felt (145)
that the dance floor should not have any negative effects
on the use of the property. .
Mayor declared the hearing opened.
Jim Schlecht, attorney representing Mr. Russo, stated
that the project will not have a great impact on the City
or properties in this area; that if there were a significant
parking problem, there would have been greater objections
from adjoining properties; that it is a minor addition,
seen only within the interior of the property, and of <
great benefit to the success of the operation; that it
is not believed that it would have any material adverse
impact on anyone; that the owners have had a number of
requests by patrons for dance facilities, not disco; that
the owner believes he will be providing a facility compar-
able to other facilities that have been in the area, e.g. ,
Biltmore Hotel , Ocotillo Hotel , and a special privilege —
would not be granted; that it is not detrimental to open
space that anyone is affected by; that it does not effect
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Council Minutes
12-2-87, Page 2
1. VARIANCE 6.359 (Continued)
the exterior of the property in any way, but would be
a substantial assistance to the property, and the City
should extend its help to make it successful ; that it
' would be a greater difficulty to make findings if there
were opposition; and that Mr. Russo was present to attest
to what he represented on his behalf.
There were no further appearances, and the hearing was
closed.
Councilmember Smith stated that the Commission was split
whether to grant the variance; and that he did not think
granting it would cause any harm.
Councilmember Apfelbaum stated she agreed that it would
not have an effect on anyone; and is an example of one
which needs to be granted.
It was moved by Smith, seconded by Apfelbaum, and carried
by the following vote, that the Planning Commission' s
denial be overruled; and that the variance be granted,
based on the following findings:
a) Because of special circumstances applicable to the
subject property, including size, shape, topography,
location, or surroundings, the strict application
of the zoning ordinance would deprive the subject
' property of privileges enjoyed by other properties
in the vicinity and under identical zone classifica-
tions;
b) The variance granted shall be subject to such condi-
tions as will assure that the adjustment thereby
authorized shall not constitute a grant of special
privilege inconsistent with the limitations upon
other properties in the vicinity and zone in which
the subject property is situated.
c) The granting of the variance will not be materially
detrimental to the public health, safety., convenience,
or welfare or injurious to property and improvements
in the same vicinity and zone in which the subject
property is situated; and
d) The granting of such variance will not adversely
affect the General Plan of the City.
AYES: Apfelbaum, Birer, Smith & Bogert
NO: Foster
ABSENT: None
' 2. HSPB22 - PALM SPRINGS PLAZA
Recommendation: That the Council designate the Palm Springs
Plaza as a Class 7 Historic Site, excluding office building
on Indian Avenue, to be designated as a Class 5 site. (76)
City Manager stated that one of the property owners claims
that materials were not received, and he recommended that
the Council proceed with the hearing, and continue it
to the next meeting.
Council Minutes
1.2-2-87, Page 3
2. HSPB22 (Continued)
Planning Director reviewed Memorandum of Director of
Community Development, dated November 18, and stated that
the site is one of the few remaining No. 1 priorities
on the Board survey of sites; that materials were the
PP&R Company on this site, as well as a previous site, '
and it is familiar with the process; that the site includes
the Strebe property and the entirety of the Plaza property.
Mayor declared the hearing opened.
Henry Frank, 550 N. Cahuilla, stated that: he considered
this the perfect historic site, but was concerned that
the Plaza Theater might not be retained, and stated that
it should be kept as a theater, and restored as it: was
originally as one theater; that he favored pedestrian
walkways, and restoring the old sites.
John Wessman, 72200 Clancy Lane, stated that regarding
the Strebe property, he hoped that the Council would not
designate it a Class 7 while the proposed redevelopment
of the block is 'in progress; and hoped the entire block
would be designated a Class 7 after it is reworked.
It was moved by Apfelbaum, seconded by Foster, and unani-
mously carried, that the hearing be continued to December
16, 1987.
3. ZTA 5.0400 - EXTENSION OF INTERIM ZONING ORDINANCE
Recommendation: That the Council extend the termination '
date of Ordinance 1286, the interim zoning ordinance adopted
as urgency measure, to April 20, 1988, to allow additional
review time.
Planning Director reported that the Interim Zoning Ordi-
nance, adopted as an urgency measure, will expire on
December 13, and in the absence of an extension thereof,
the prior Ordinance 687 would take effect; that the (103:1
Commission has held public hearings on changes discussed
by the Council over the past few months, as well as
modifications which were in process at the time of the
adoption of the Interim Ordinance; and that the Tribal
Council has agreed to all amendments, and all proposed
revisions and refinements, with the exception of one area
which has not yet been approved by the Commission.
Mayor declared the hearing open.
Karen Toban (?) , 648 Calle Petunia, voiced opposition
on behalf of the Board of Realtors to proposal to disallow
real estate office on the ground floor of buildings in
the downtown area.
City Attorney stated that professional use is allowable, '
under a conditional use permit.
Robert Fey, 423 Tahquitz, stated that the Board of Realtors
has reviewed the ordinance, and has concern with the follow-
ing areas: a) not allowing hanks, stock brokers, real
estate brokers, and other professionals on the ground
floor in the downtown area. He stated that: many real
Council Minutes 11,10
12-2-87, Page 4
3. ZTA 5.0400 (Continued)
estate offices cater to tourists, and other banks provide
services in cashing checks, and disallowing those would
be to create a situation unique to resort towns; and that
there are 40 specific allowable uses, without a use permit,
' to which real estate offices should be added. b) That
"large" needs to be more definitive in terms of Large-Scale
Mixed Use Commercial provisions; and cited an illustration
that a 20,000 square foot development could include 5,000
square feet for a restaurant, with only 80 parking spaces
required, yet the restaurant as a stand alone would require
120 spaces. c) That many hotels like Estrella Villa
and Ingleside could not be built under the "hotel vs. guest
resort hotel " distinction, because of the breaking point
in terms of units. d) That in terms of minimum lot sizes,
the point of reference was "highway" which has been changed
to "thoroughfare," and his concern is that, e.g. , lots
along Ramon Road which are 115-125 feet deep would be
undevelopable, because they would not meet the minimum
depth of 150 feet, without going through a lot of hoops.
Planning Director stated that the CBD extends from Granvia
Valmonte to Ramon, and Belardo to the west half of Indian,
in which he estimated perhaps one or two real estate offices
on a ground floor, and perhaps a dozen other professional
uses; that it is not the intent to push those out of the
downtown; that there is no change to any standard, and
no increase in the amount of property affected; that the
1965 text identified all major thoroughfares as major
' highways, and the proposed change only corrects the termin-
ology for consistency; that he would like to study further
whether minimum lot sizes are impacted; that Mr. Fey' s
remaining points are open to discussion; that economy
of scale was looked at in the mixed use commercial ; and
perhaps a use permit could be considered for resort hotels
on smaller parcels; and that existing professional uses
as discussed would attain non-conforming status.
Councilmember Foster stated that Mr. Fey' s points are
well taken, and the Ordinance should not be adopted until
those are further reviewed.
City Clerk read title of Ordinance 1293, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
• AMENDING SECTION 9100.02 OF THE PALM SPRINGS ZONING
ORDINANCE EXTENDING THE TERMINATION DATE AND DECLARING
THE URGENCY THEREOF.
It was moved by Birer, seconded by Apfelbaum: and unani-
mously carried, that further reading be waived.
It was moved by Birer, seconded by Apfelbaum, and carried
by the following vote, that Ordinance 1293 be adopted:
AYES: Apfelbaum, Birer, Smith and Bogert
NO: Foster
ABSENT: None
PUBLIC COMMENTS:
a) Mr. Pat Meyer, Community National Corporation, requested
to be heard at the time of consideration of TTM 22396,
since conditions are proposed to be added, after the
public hearing was held.
441
Council Minutes
12-2-87 , Page 5
b) Arishka Fairchild, Fairchild' s Ballard Greens, stated
that Fairchild' s is a nine-hole executive golf course,
and requested that it be given the same opportunity
to take reservations through convention hotels as
does Mesquite Country Club (See Item 7) . She stated 1
that a monopoly should not be given to Mesquite Country j
Club.
c) Brad Hunt, 1387 Center Street, Riverside, representing '
Mark Industries, bidder on lift equipment for the
Convention Center (See Item 8A) stated that American
Hi Lift is quality equipment, matches equipment to
meet needs, meets OSHA requirements, and has been
the major supplier of hotels and convention facilities.
d) Don Frank, 550 N. Cahuilla, stated that the idea of
closing off Palm Canyon Drive to vehicular traffic
in the downtown was suggested many years ago, and
he thinks it is a good idea, should be reconsidered,
and public hearings held on it.
Councilmember Smith stated that the problem is not
all related to CalTrans, but also to the fact that
merchants fought the idea years ago; and there have
been many problems in the past simply trying to remove
parking in order to widen sidewalks.
e) Dee Dee Stone, 142 Lakeview, stated that condominium
projects should be encouraged to provide wide sidewalks,
and preserve the "desert" and avoid an "eastern" look.
f) Robert Fey, 423 Tahquitz, stated that something needs '
to be done to make sure that something like Leisure
World facilities are available for elderly people
in Palm Springs, so they do not leave the community
for the lack thereof.
LEGISLATIVE ACTION:
4. P.D. 189 & TTM 22396 - COMMUNITY NATIONAL CORPORATION
Recommendation: That the Council approve a preliminary
planned development district, and tentative tract map,
to establish a master plan for a 12-acre site on the north
side of Ramon Road, south of the Airport, for a mixed-use
development, including drive-through restaurants, a carwash,
a retail building, and a three-unit industrial building. (116&
Planning Director reported that four conditions have been
137) `
added to the approval resolution, one of which relates
to a covenant to guarantee implementation and maintenance
of a median island on Ramon Road, and is of concern to
the developer because the property is Indian land, and
it would necessitate renegotiating the land lease; that
language could be developed to execute another type of
binding document approved by the City Attorney; and that
the applicant is also concerned about an additional condi-
tion which would require closure of the westerly road
if the median island is not developed, because they could
not assure tenants that could deliver access.
4 e'l
L
Council Minutes
12-2-87 , Page 6
4. P.D. 189 & TTM 22396 (Continued)
Mr. Pat Meyer, representing the developer, stated that
the developer cannot commit to a covenant, but is willing
to agree to participate in the construction of the island,
and language can be worked out to the City Attorney' s
satisfaction; that there is over 1,000 feet of frontage
on Ramon Road, with 4-5 proposed businesses, and it would
be an undue hardship to only have one access point; that
there is no problem with right-in and right-out only;
that it would be very difficult to work around the possibi-
lity that the westerly access might be closed; that he
believes the median island will happen, and they are willing
to work in good faith to that end; that they are willing
to increase the landscaped area to 40 feet; and requested
that Condition 13 be deleted, and Condition 12 rewritten.
City Attorney stated that covenants have been executed
on Indian owned land, but applicable to the leasehold
interest, and Condition 12 could read, That the developer
of the project execute a covenant running with the land,
or other legally sufficient document, to assure participa-
tion in the construction and maintenance of a landscape
median island along the length of the frontage of the
project on Ramon Road. "
In answer to question by Council , Planning Director reported
that the Traffic Engineer believes the right-in and right-
out access can be designed in such a way as to discourage
left-turn movements, but a determined driver could travel
east far enough and in effect make a U-turn into the drive-
way.
Councilmember Foster questioned whether a 40-foot interior
street is wide enough to handle industrial development
type vehicles, and should be looked at again before final
development plans are completed.
Councilmember Smith stated that prohibition of direct
access to Ramon Road should be included in 'the resolution
(included as a part of the mitigation measures in the
development committee report).
Resolution 16346, approving P.D. 189 and TTM 22396, as
recommended, was presented; after which, it was moved
by Foster, seconded by Smith, and unanimously carried,
that Resolution 16346 be adopted, subject to revising
Condition 12 as stated by City Attorney, deleting
Condition 13, specifically prohibiting any direct access
onto Ramon Road from the individual parcels, and directing
that interior street width be reviewed prior to development
of final plans.
5. TPM 22694 - CITY OF PALM SPRINGS (AIRPORT)
' Recommendation: That the Council approve a parcel map
to subdivide a 13 acre parcel of Airport property located
on the north side of Ramon Road into four parcels of 3
to 3z acres each; one of which is proposed to be used (119)
for a flight kitchen, and the remainder to be leased or
sold. Planning Director reported that this matter trailed
with TTM 22396, and similar conditions were included in
the resolution concerning the median island and landscape
setback.
144 3
Council Minutes
12-2-87 , Page 7
5. TPM 22694 (Continued)
Resolution 16347, approving TPM 22694, including revised
language to provide a covenant or other legally sufficient
document for the construction and maintenance of the median
island, was presented; after which, it was moved by Smith,
seconded by Birer, and unanimously carried, that Resolution
16347, as revised, be adopted. '
6. LIEBLING PROPERTY REDESIGN
Recommendation: That the Council appropriate $17,000
for previously adopted design contract for the redesign
of the Liebling Building and Parking Structure, by Robert
Altevers.
Redevelopment Director reported that the proceeds from
the sale of the McCallum Building are to go to the Parking
Fund, and the proposal calls for the design of a parking
structure on the Tackett and Liebling properties; that
he met with Robert Altevers, Chris Mills, and property
owners within the entire block, and concepts for improvement
of the total block were brainstormed; and he recommended (61)
that the funding be increased to $30,000, and since the
Altevers contract is based on an hourly rate, the scope
of the contract can be controlled. He stated that both
of the property owners are willing to work with the City.
Resolution 16348, amending the budget to appropriate
$30,000, was presented; after which, it was moved by
Apfelbaum, seconded by Foster, and unanimously carried,
that Resolution 16348 be adopted.
7. MESQUITE COUNTRY CLUB - RESERVATION PRIVILEGE
Recommendation: That the Council approve an agreement
with Morry California Inc. , dba Mesquite Country Club,
and designate the Wyndham and Sheraton Palm Canyon Plaza
Hotels to receive golf course reservation and use privi- (139 )
leges.
Mayor noted that when the Mesquite Country Club project
was approved, the availability of the golf course for
conventioneers was a condition of approved , but it does
not mean they would have to play there.
City Manager stated that the City would be most receptive
to hear from any golf course owner who would like to make
similar arrangements with other hotels, and to art as
an intermediary for them; that there is a problem in getting
golf course access for convention groups who want golf
privileges.
Redevelopment Director reported that the condition of
approval requires Mesquite to allow advance reservations
for three designated hotels and the Convention Center; '
and that he spoke with Mrs. Fairchild during the course
of this meeting to let her know he wound be willing to
help develop a similar agreement.
a
i
141
Council Minutes
12-2-87, Page 8
7. Mesquite Country Club (Continued)
Mrs. Fairchild stated that she has had other problems
in terms of signs identifying that the project is a golf
course.
Resolutions 16349, 16350 and 16351, approving Agreement
2522, and providing designations as recommended, were
presented; after which, it was moved by Foster, seconded
r by Smith, and unanimously carried, that Resolutions 16349
through 16351 be adopted.
8A. CONVENTION CENTER - EQUIPMENT
Recommendation: That the Council award purchase of a
knuckleboom (lift) from Horizon High Reach & Equipment
Co. , for $39,179.72.
Director of General Operations reported that the equipment
not only affords the height which is needed at the Conven-
tion Center, but allows the unit to remain in one place
and extend the boom 22 Feet horizontally from the base; (139)
that the knuckleboom offers the greatest flexibility;
and that Valleywide Equipment did not meet specifications
in terms of the height.
MO 4089 awarding purchase as recommended, was presented;
' after which, it was moved by Apfelbaum, seconded by Birer,
and unanimously carried, that MO 4089 be adopted.
' 8B. COGENERATION PLANTS - ELECTRICAL CIRCUITRY MAINTENANCE
Recommendation: That the Council approve an annual preventa-
tive maintenance agreement with Power Engineering Services
for electrical circuitry at the cogeneration plants for
$12,915.
` Minute Order 4090, approving agreement as recommended,
(52)
was presented; after which, it was moved by Apfelbaum,
seconded by Smith, and unanimously carried, that Minute
Order 4090 be adopted.
CONSENT AGENDA:
9. MO 4086 awarding purchase of an automatic reel grinder to (84)
B. Hayman Co. , Inc. , for $9,752.
10. Res 16352 amending the budget to appropriate $160,000 to replace (61)
Fire Squad Unit 125-78.
11. Res 16353 designating the month of December as Smoke Detector ( 74 )
Month.
12. MO 4087 awarding purchase of a wheel loader to Dresser Construc- (84)
' tion & Mining Equipment Co. , for $54,700.24.
13. Res 16354 deleting the words "Women-Owned Business Enterprise" (136)
from the previously approved Disadvantaged Business Enterprise
Program for the Community Development Department relative
to FAU projects.
14. Motion approving payment of $23,725 to LaBelle-Marvin for
pavement testing and engineering report for Sunrise Way & (136)
Indian Avenue reconstruction, CP 83-15 - P.O.
,
445 1 Council Minutes
12-2-87, Page 9
15. Res 16355 and 16356 approving Payroll Warrants and Claims (86)
& Demands.
16. Motion concurring in CRA Resolutions 500 through 502. (124)
17. MO 4088 amending Agr 2476 with Interactive Design Corp, to
increase scope of work and compensation, regarding outbound (51)
baggage handling addition at the Airport by $12,900, and
authorize an increase in P.O. G3525 to cover same, plus $8,952
for additional consultant services incurred by the architect;
total contract cost $63„452.
It was moved by Foster, seconded by Apfelba.um, and unani-
mously carried, that Resolutions 16352 through 16356 and
Minute Orders 4086 through 4088, and motion in Item 14
and 16 be adopted.
ADDED STARTERS: None
COMMISSION APPOINTMENTS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests - None
PUBLIC reports or requests - None
STAFF reports or requests - None
ADJOURNMENT ,
There being no further business, Mayor declared the meeting
adjourned to Monday, December 7, 1987, at 3 p.m. , in the
Large Conference Room, and to further adjourn said meeting
to a Closed Session at the conclusion thereof.
UDITH SUMICH
City Clerk