HomeMy WebLinkAbout3/16/1988 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
MARCH 16, 1988
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, March 16, 1988
at 7:30 p.m.
ROLL CALL: Present: Councilmembers Apfelbaum, Birer; Foster,
Smith and Mayor Bogert
Absent: None
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with Council
policy on March 11, 1988. An additional item to be added concerning
a change order for cross-gutter repairs.
APPROVAL OF MINUTES:
It was moved by Birer, seconded by Apfelbaum, and
unanimously carried, that the Minutes of March 2, 1988
be approved.
PUBLIC HEARINGS:
1. P.D. 193 (EL CIELO ASSOC) & GPA 5.0462 (CITY OF PALM SPRINGS)
Recommendation: That the Council approve a General Plan
Amendment from Professional to Resort Commercial
designation; and a planned development district, in-lieu
of a change of zone, to allow a mixed-use resort commercial
complex including retail , office and food services on
the NE corner of Ramon Road and El Cielo Road, Section
18.
Planning Director reported that the site consists of two
parcels with a combined area of 4.22 acres; that it is
currently undeveloped, and abuts developed residential
property to the east, and vacant Airport zoned property
to the north, that a zone change from R-2 to "P" zone
and a General Plan amendment were approved by the City (101 &
Council in June, 1985; that the C-IAA Zone is intended 116)
to provide integrity for large-scale retail commercial
developments resort complexes, hotels and multi-family
development; that the "Resort Commercial " designation
allows business and commercial uses to primarily serve
hotels, and is meant to signify a high-caliber development,
with increased setbacks, landscaping, architecture, and
signs which will convey an appropriate impression of Palm
Springs to persons entering the City from the East; that
approval of the project for a conceptual site plan, and
specific details of actual buildings will be considered
when specific plans are submitted; that the C•-1 AA height
limit is 30 ft, and the proposal specifies single-story
complexes; that all buffer areas will be landscaped; that
the driveway on to El Cielo would be right, turn only;
and that a median island is proposed to be installed
eventually on E1 Cielo.
1
Council Minutes
3-16-88, Page 2
1. P.D. 193 & GPA 5.0462 (Continued)
Planning Director read the title of the Ordinance, as
follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE: ZONING MAP BY APPROVING PLANNED DEVELOPMENT
DISTRICT NO. 193 IN LIEU OF A CHANGE OF ZONE FOR A
MIXED-USE RESORT COMMERCIAL_ COMPLEX AT THE NORTHEAST
CORNER OF RAMON ROAD AND EL CIELO ROAD, SECTION 18.
Mayor declared the hearing opened.
Mike Harris, 600 Tahquitz, spoke in favor of the project,
and stated that: the owners and architect were in attendance,
and appreciated the opportunity to build in the City.
Dr. Louis Sotolov, 438 W. Bradshaw Lane, Pubelo Sands
Homeowners Association, spoke in opposition to the project,
and stated that the City should avoid development which
would be an embarrassment to the City since this site
is one which gives people going to and from the Airport
their first impression of Palm Springs; that a covenant
should be required to prohibit fast food service because
of increased traffic, litter, insects, transients, grafitti ,
loittering, and increased triune. He stated that the plans
should include a landscaped buffer zone, no alley way
between the Pubelo Sands, and no access to Ramon Road.
Mayor declared the hearing closed.
Councilmember Foster stated that it could cause problems
to allow a driveway on El Cielo, that even though the
Traffic Engineer approved the placement, the street is
busy, and that the driveway could cause traffic blocks.
He moved that the project be approved, subject to conditions
that the landscape buffer be increased; to conceal the
parking, and that the south drive be eliminated until
a median island is constructed on E1 Cielo. The motion
failed for lack of second.
Councilmember Birer stated that he agreed with the condition
to conceal the parking, however, he thought the 200 foot
distance from the intersection was adequate, and although
he encouraged the construction of a median island, the
driveway should not be closed because of lack of an island.
Mr. Harris stated that the final condition of the Planning
Commission was that the driveway be located 200 feet from
the intersection, and that it be a right-in and right-out
only, and that the developer is agreeable to that condition.
Councilmember Smith moved that the project be approved
subject to an increased landscape buffer to conceal the
parking, and the southerly driveway be limited to a right-in
and right-out access, until there is a median island
constructed on E1 Cielo; said motion was seconded by
Apfelbaum, and subsequently amended, by the maker and
second, as follows:
Council Minutes
3-16-88, Page 3
1. P.D. 193 & GPA 5.0462 (Continued)
It was moved by Smith, seconded by Apfelbaum, and
unanimously carried, that further reading of the Ordinance
be waived; and it was moved by Smith, seconded by Apfelbaum,
and carried, by the following vote, that the Ordinance
be introduced for first reading; and that Resolution 16420
approved the Planned Development District, and Resolution
16419 amending the General Plan, be adopted, subject to
condition that the landscape buffer on El Cielo be increased
to conceal the parking lot, and that the driveway on E1
Cielo be subject to further review during the final
development plans:
AYES: Apfelbaum, Foster, Smith & Bogert
NO: Birer
ABSTAIN: None
2. Z/C 5.0450 (CULVER NICHOLS) & GPA (CITY OF PALM SPRINGS)
Recommendation: That the Council approve a General Plan
Amendment from Residential L-4 to Residential M-15 for
approximately 18, acres near the SW corner of Vista Chino
and Sunrise Way; and a change of zone from GR-5 to R-2 (101 &
on 71-2 acre acres on the south side of Vista Chino, west 149)
of Sunrise Way, Section 11.
Planning Director highlighted his report, which was
presented in detail at the study session.
Mayor declared the hearing open.
Rose Rosen, 1445 N. Sunrise Way M requested a
continuation, and stated that either through a mishap,
or clerical error, many hearing notices were mailed to
wrong addresses, some returned, and some still missing;
and that since some property owners did not receive any
notice, and in order to give them time to investigate
the proposal , a continuation should be granted.
It was moved by Apfelbaum, seconded by Foster, and
unanimously carried, Birer abstaining, that the hearing
be continued to the April 6, 1988 meeting.
3. P.D. 192 (NEWPORT NATIONAL) & GPA (CITY OF PALM SPRINGS)
Recommendation: That the Council approve a General Plan
Amendment from Industrial to Neighborhood Commercial ,
Residential M-15, Airport, and Airport Noise and Blowsand
for 75 acres on the SE corner of Gene Autry Trail and (101 &
Vista Chino, subject to implementation guidelines; and 116)
approve a planned development district, in-lieu of a change
of zone, to allow a mixed-use development, including
apartments, neighborhood shopping center, and business
park, on said property, Section 7.
Council Minutes
3-16-88, Page 4
3. P.D. 192 & GPA (Continued)
Planning Director reviewed his report, and stated that
an initial environmental study which noted two areas of
possible impacts, i .e. , the increased density, a sewer
study and traffic analysis, were prepared by outside
consultants; that mitigations were determined to be
adequate, and a Negative Declaration was filed; that no
fast food services, or drive-through restaurants, are
allowed; that liquor stores and cocktail lounges would
be subject to Conditional Use Permit and that final plans
will have to be approved by the Council . He also stated
that the project is subject to 25% allocation of the units
for low income residents.
Councilmember Birer suggested that the developer might
donate 22 acres of the lower end of the project for a
Municipal Golf Course in return for the residential units,
and the section of units that would border the golf course
be turned to face the golf course, thereby increasing
their value.
City Manager stated that residential units do riot offer
the same tax advantages as hotel units, and that there
are many other areas which likewise could be considered
for residential , but the infrastructure is not: planned
to handle that, and that unless there is a compelling
reason to approve the project, the Council should be
cautious.
Director of Community Development staged that the project
does not fit into any goals for the City, except the low
income housing of 25%, and the residential aspect is based
on what the developer thinks is saleable.
City Attorney stated that although 'the project is not
in the flight pattern, Director of Transportation and
Energy recommends that the units be treated as if they
were in 65 db footprint, in terms of insulation.
Planning Director stated that all of these issues have
been discussed by the Planning Commission, for the past
year.
Mayor declared the hearing open.
James Prock, 5962 La Place Ct. , Carlsbad, the developer
of the project, stated that he has worked for over a year
with the Planning Commission; that all issues being raised
were raised by the Planning Commission, and resolved;
that the area is zoned industrial , and it will take 200
years for it: to be absorbed; that the Convention Center
and new hotels have created a need for this kind of
single-family housing; that it is unlikely a golf course
would intrude onto the proposed project; that the northerly
portion was selected, and uses included which met desires
of the City, as they had been advised; that they are willing
to cooperate with the integration of the southerly 28+
acres as the East area develops; that a lot of time and
money has been invested in the pro;lect, and there were
no negative comments to the environmental assessment;
that Newport Development has resolved every 'issue presented
by the Planning Commission; and that Gene Autry Trail
and Vista Chino would be improved, even beyond what the
boundaries of the project.
Council Minutes
3-16-88, Page 5
Katrina Henrich, Westworld Properties, representative
of the developer for real estate sales, spoke in favor
of the project, and stated that everything that the City
has asked for has been done by the developer; 'that there
is a glut of commerical and office space in the City;
that the need for the 25% for low income housing cannot
be denied; and that when the property was first listed,
no one came forward with a committment. She strongly
criticized the City for "wobbly decisions," and cited
her experience in trying to attract high-tech business
to Palm Springs, with negative results; adding that after
one obtains approval of the Planning Commission, one has
to take one' s chances with the Council .
Mr. Prock, developer, stated that he has worked in Palm
Springs for 10-12 years; that he developed the Eldorado
Country Club, and the Sunrise Racquet Club; and that he
is accustomed to working with the City, and the two projects
mentioned should show the quality of his work.
Councilmember Birer stated that the developer is actually
seeking a change of zone, and the City is entitled to
ask that other considerations be looked at, and that he
is not opposed to the development, but wants to hold off
on the lower portion of the land to work out modifications
for a Municipal Golf Course.
Mayor stated that he did not think it reasonable to expect
a developer to give that much land to the City, valued
at $3 per square foot.
Assistant City Clerk read title of the Ordinance, as
follows.
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING A PLANNED DEVELOPMENT
DISTRICT IN-LIEU OF A CHANGE OF ZONE FOR A MIXED USE
DEVELOPMENT ON THE SOUTHEAST CORNER OF GENE AUTRY TRAIL
AND VISTA CHINO, SECTION 7.
Resolution 16421 and 16422 were presented; after which
it was moved by Apfelbaum, seconded by Foster, and
unanimously carried, that further reading be waived; and
it was moved by Apfelbaum, seconded by Foster, and
unanimously carried, by the following vote that Resolution
16421 and Resolution 16422 be adopted, and that the
Ordinance be introduced for first reading:
AYES: Apfelbaum, Foster, Smith and Bogert
NO . Birer
ABSTAIN: None.
PUBLIC COMMENTS:
George "The Goldfink" Goldberg, 1445 Cesspool Drive, stated
that City is one of double standards; that selective
enforcement is used, that the Sign Ordinance is not enforced
with the Political Signs; that the large banner at the
Convention Center did not comply with the Sign Ordinance;
and that small businesses are not allowed to use the same
type of banner, and that the City Manager should be
dismissed, and, new "blood" is needed on the City Council .
Council Minutes
3-16-88, Page 6
LEGISLATIVE ACTION:
4. DOWNTOWN CIRCULATION PLAN
Recommendation: That the Council rescind the downtown (136)
circulation plan, as adopted October 17, 1979.
Director of Community Development highlighted his report,
which was reviewed at the study session, and no further
report was given.
Resolution 16423 rescinding the plan (originally adopted
by motion) was presented; after which it was moved by
Apfelbaum, seconded by Birer, and unanimously carried,
that Resolution 16423 be adopted.
5. McCALLUM DESERT PRESERVE - GRADING, CP85-43
Recommendation: That the Council award contract to James
Rue Construction Co. , Inc. , for Phase I grading of the (109)
Preserve, for $33,350 - Agr #2548.
Director of Parks, Recreation and Library reported that
this item was reviewed at the study session, and added
that the total Phase I would cost $130,000; that the next
portion of Phase I would consist of the north and south
block walls; and that the entry, irrigation, and plant
materials will go to bid.
Minute Order 4137 awarding Agreement 2548 was presented
after which, it was moved by Foster, seconded by Smith,
and unanimously carried, that MO 4137 be adopted.
6. P.D. 185 (DESERT HOSPITAL) - PARKING LOT B & IHELIPAD
Recommendation: That the Council approve final development (116)
plans for parking Lot B, and the Helipad, as part of the
Desert Hospital Expansion.
This -item was withdrawn from the agenda, per Desert Hospital
request.
7. EASTER WEEK CONTRACTUAL LAW ENFORCEMENT
Recommendation: That the Council authorize contractual
services with the Sheriff' s Department, and the California 1:61 &
Highway Patrol , for additional law enforcement during 113)
the Easter Week; and appropriate an additional $113,117.
Police Chief highlighted his report, which was reviewed
at the study session, and no further report was given.
Resolution 16424 amending the budget, and Minute Orders
4138 and 4139 approving contracting services were presented;
after which it was moved by Birer, seconded by Apfelbaum,
and unanimously carried, that Resolution 16424; and Minute
Orders 4138 an(] 4139, be adopted.
8. ADDITIONAL LEGISLATIVE ITEMS: NONE
Council Minutes
3-16-88, Page 7
CONSENT AGENDA:
9. Res 16425 approving forth time extension for P.D. 139, for (116)
three affordable housing projects on North Palm Canyon Drive,
at the Gateway Drive-Tramview Road extension, Section 34,
S. Broxmeyer.
10. MO 4140 approving a change order to Purchase Order G-4949
i.
to ABBA Moving & Storage, for an increase of "P12,600, for (139)
the Convention Center (original approval by MO 3988).
11. MO 4141 awarding contract to Gateway Construction Inc. , for
the construction of two tournament ballfields at DeMuth Park, (109)
for $184,800, CP85-48, Agr #2549.
12. Res 16426 designating the intersection of Via Escuela and (136)
Volturno Road as a four-way stop intersection.
13. Res 16427 designating the intersection of Sunny Dunes and (136)
Pasco Dorotea as a four-way stop intersection.
14. MO 4142 approving a letter agreement with DWA for upgrading (87 )
fire hydrants in the Desert Highland neighborhood, for $7,500,
Agr #2550.
15. MO 4143 approving agreement with the City of Cathedral City ( 8 7)
for automatic aid for fire services, Agr. #2554.
16. MO 4144 approving letter agreement A2551 establishing schedule (127)
of fees for services to be rendered by Zorc, Rissetto, Weaver
& Rosen, concerning EPA grants related to the Wastewater ( 61)
Treatment plant; and Res 16428 amending the budget to
appropriate funds from the Sewer Fund for payment thereof.
17. Res 16429, 16430, and 16431, approving Payroll Harrants and ( 86)
Claims & Demands.
18. MO 4145 approving agreement A2552 with the County concerning
assignment of bail in certain traffic cases to the County ( 123)
to offset cost of developing a regional law enforcement computer
system.
19. Motion concurring in CRA actions this date. ( 124)
20. MO 4146 authorizing the payment of funds to Park Avenue Gourmet
Catering in an amount not to exceed $40,000 for rental of (139)
a tent, air conditioners and related amenities for IBM's use
of the Palm Springs Convention Center.
It was moved by Apfelbaum, seconded by Birer, and unanimously
carried, that Resolutions 16425 through 16431, Minute Orders
4140 through 4146, and motion in Item 19 be adopted.
Council Minutes
3-16-88, Page 8
ADDED STARTERS (Determine Eligibility for consideration determined
upon unanimous approval )
21. SUNAIR PAVING INC. , CHANGE ORDER NO. 1
Recommendation that the City Council approve Change Order
#1 for a $6,436. 20 increase to contract with Sunair Paving, (Il29)
Inc. , for work completed on the 1986-87 cross-gutter repairs.
Director of Community Development stated that the repairs
covered more than one location, and highlighted his report
which was reviewed in study session, in detail , and no further
report was given.
Minute Order 4147, approving Change Order #1 was presented,
after which it was moved by Foster, seconded by Birer, and
unanimously carried, that Minute Order 4147 be adopted.
REPORTS & REQUESTS:
21. CITY COUNCIL reports or requests: None
22. PUBLIC reports or requests: None
23. STAFF reports or requests: None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to Tuesday, March 22, 1982 at 3 p.m. , in 'the
Large Conference Room, City Hall .
JUDITH SUMICH
�rt'y Clerk
By: PATRICIA A. BODE
Assistant City Clerk