HomeMy WebLinkAbout4/6/1988 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
APRIL 6, 1988
A Regular Meeting of the City Council of the City of Palm Springs,
California, was called to order by Mayor pro tem Birer, in the
Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, April
6, 1988, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Apfelbaum, Birer, Foster,
and Smith
Absent: Mayor Bogert
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 1, 1988.
COMMUNITY REDEVELOPMENT AGENCY: Mayor pro tem declared the meeting
adjourned for the purpose of convening as the Community Redevelopment
Agency; after which, members remained in session to hold a Joint
Public Hearing (refer to City Council Minutes) , and thereafter
adjourned.
APPROVAL OF MINUTES:
It was moved by Apfelbaum, seconded by Smith, and unani-
mously carried, that the Minutes of March 16 & 22, 1988
be approved.
AWARDS:
Employee Recognition Award: Presented to Loretta (74)
Hockenberry, Fire Department.
Bob Rocco, Purchasing Consultant, commended for saving
$900,000 in connection with purchases for the Convention
Center.
Easter Week: Thank you extended to the various law enforce-
ment agencies, groups and individuals for their work during
Easter Week, 1988.
CLOSED SESSION:
Mayor declared the meeting adjourned for a Closed Session
pursuant to Government Code 54956.9 (A) , Committee to
Save the Welwood Murray Memorial Library vs. City of Palm
Springs; and upon reconvening, business resumed as follows.
PUBLIC HEARINGS:
1. JOINT PUBLIC HEARING WITH CRA - PA1B7 - WESSMAN DEVELOPMENT
COMPANY THIRD AMENDED AND RESTATED REDEVELOPMENT PARTICIPATION
AGREEMENT
Recommendation: That the Council and Agency amend the
participation agreement with John Wessman, to limit acquisi-
tion of Parcel #5 to the site on which Louise °s Pantry (117 &
is located, and provide certain easements over land formerly 124)
to be acquired.
Council Minutes
4-6-88 Page 2
1. JOINT PUBLIC HEARING (Continued)
Director of Redevelopment reported that the developer
was asked to redesign the project around the litigation,
and potential litigation, constraints; that in doing so,
it was determined that potential relocation of Louise's
Pantry could be extremely expensive, and that reconfigura-
tion of the Plaza Theater was not a beneficial proposal
at this time because of the difficulty of remodelling
it into a commercial complex as proposed in the Second
Amended Agreement; and that the redesign is part of the
Third Amended Agreement. He displayed the plans, and
described the differences between the initial project
and the revised design, which does not affect the Library,
with the exception of paving and removal of the courtyard
wall ; and which keeps Louise's Pantry intact, except for
a slight modification; that an easement would be provided
adjacent to the Theater for deliveries and trash pickup
from Indian Avenue; that the entry on Tahquitz has been
redesigned, and the theme tower relocated from its original
site. He stated that the Planning Commission wants refine-
ment of the new entry and details brought to it for
approval ; and that the new plan should not affect the
court issues, and should save the Agency considerable
money, because relocation of Louise's Pantry will not
happen as originally planned.
City Attorney reported that a review of the Third Agreement
late April 5, resulted in an amendment of Section 7.8
and 8.6B (date of performance of one action) , and as a
result of the discussion at the Closed Session, he recom-
mended that before the agreement is adopted, the last
sentence of the revised Section 7.8, relating to exhausting
future legal resources, be stricken therefrom.
Redevelopment Director stated that the ability to make
the Library courtyard available to the Developer is no
longer possible, therefore, the Third Agreement calls
for the City to pay the full cost of public area, however,
the total amount of the City' s obligation for all public
improvements for the total concept will remain unchanged;
and a sum is provided relating to appraisals on the Willard
and Strebe sites.
Mayor pro tem declared the hearing opened.
Dick O' Linn, 4760-E N. Winners Circle, stated that the
consequences of the Council 's decision will be felt by
the public and the new Council , and he considered it an
injustice to do so, and asked that the matter be tabled
for two weeks and to let the new Council deal with it.
John Wessman, developer, 7220CI Clancy Lane, Rancho Mirage,
stated that there has been a development agreement in
place for the past few years, which cannot be changed
without agreement by both parties; that staff asked him
to consider changes that could save money for the Agency,
and he did not consider it an injustice for the Council
to proceed with its decision. He expressed his view about
negative comments, and the effect they can have on causing
businesses to move down Valley.
Council Minutes U 01
4-6-88 Page 3
1. JOINT PUBLIC HEARING (Continued)
Tom Shirley, 1164 Linda Vista, stated his opinion that
the Council should not make a de-ision at its last meeting,
and that the petitions circulated should have been for
a recall and not for a referendum.
There were no further appearances, and the hearing was
closed.
Councilmember Smith stated that the Council already has
an agreement with Mr. Wessman; that the Council has gone
out of the way to try to be responsive to everyone,
including the Judge; that he did not consider the project
as good as originally conceived; that the City sought
out Mr. Wessman to develop the site; that the problem
included a blighted area, and the Library was a joke in
terms of service, and it does not make sense to have a
library at that site; that he believes eventually the
Library will become dormant, for lack of funding, will
become an eyesore, and is the legacy of the committee
to save it.
Councilmember Foster stated that the Council has taken
an oath to discharge its duties; that he challenged that
someone could come onto the Council in two weeks and know
what has gone into the thinking and work on this project;
that the Council 's responsibility cannot be set aside
because of the election, and he felt the public would
chastise it for dodging its duty.
CRA Resolution 522, and City Council Resolution 16433,
approving the Third Amended and Restated Participation
Agreement, striking therefrom the last sentence of Section
7.8, as recommended, was presented; after which, it was
moved by Smith, seconded by Apfelbaum, and unanimously
carried, Bogert absent, that Resolutions 522 and 16433
be adopted.
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 181-2 acres near the SW corner of Vista Chino
and Sunrise Way; and a change of zone from GR- 5 to R-2
on 7%2 acre acres on the south side of Vista Chino, west
of Sunrise Way, Section 11, hearing continued From March
16, 1988. (101)
Planning Director reviewed memorandum of Director of ( 149)
Community Development, which was reviewed in detail at
the last study session, and at the last meeting. He
reported receipt of letter from Allen Perrier, representing
Paseo de Anza Properties Limited, requesting that the
matter be returned to the Planning Commission for the
reasons noted in his letter, a copy of which is on file
with the City Clerk. He stated that a two-story building
would have an average 150-foot setback; and that 24-feet
is considered the maximum height for two-story.
Mayor declared the hearing opened.
Bill McMahan, Calgary, Canada, stated that his mother
has owned and lived on the property to the south since
Council Minutes
02 4-6-88 Page 4
2. Z/C 5.0450 (Continued)
1958; that there is an easement along i the back of the
Ranch Club Estates which provides access to her home;
that there has not been any plan for the Nichols property,
and it would appear that access to Vista Chino is likely,
and the impact of that on the large acreage parcels to
the south and southwest should be considered in an orderly
manner, and he suggested that the matter be postponed until
access and other, problems for this area are explored.
Chris Mills, 121 S. Palm Canyon, representing Mr. Nichols,
stated that, by zoning, the increase in density is fairly
small (12%) and not the 400% suggested by Mr. Perrier
in his letter; that R-2 exists to the east, and the current
zoning allows a hotel with alcohol and food service,
as well as stables under a conditioned use permit, and
time-shares; that he would not have a problem with a land-
scape buffer on the southerly property fine, as a condition
of approval .
Allen Perrier, 3000 Tahquitz-McCallum, representing the
McMahans, stated that the significant mechanism for land
use is the General Plan, and State Law, mandates that the
Zoning conform to it; that the last significant analysis
of the property was for the existing classification; that
the controlling "ordinance" is the General Plan; that
the increased density is 400% from that controlling document
(L-4) ; and that there are several properties in the immedi-
ate area for which there should be land planning, and
the subject project is the impetus for doing that planning.
He stated that it is not inconceivable that a development
of the 7.5 acres would require access to the McMahan
property, but there is no project pending, and there
is no imminent reason for the action; that the matter
should be returned to the Planning Commission for a
consideration of a sound planning concept with valuable
property rights which could be adversely affected by a
zone change at this time. He stated that the McMahan's
only just became aware of this matter, because their mailing
address is in Bermuda.
There being no further appearances, the hearing was closed.
In answer to question by Council , Planning Director reported
that the R-1-AH zoned property could be subdivided into
smaller parcels; that there currently are a series of
easement across those parcels; and if there were a subdivi-
sion,all of them would have to be dealt with.
Councilmember Smith stated that he did not have a problem
with the recommendation of the Planning Commission, but
would like to see a land use and circulation study so
there would be a plan in place whenever development occurs.
Councilmember Apfelbaum stated that there needs to be
a plan for the future, and moved that the; matter be returned
to the Planning Commission for such a plan, including
property to the south; said motion failed for lack of
a second.
Councilmember Smith stated that he favored approving the
Planning Commission recommendation, but that a buffer
be required, in addition to a traffic and land use study
of the area. He stated that the multiple zoning along
Vista Chino provides a buffer, but the real problem area
will be the property to the south, and there should not
be any building or parking within the 25 foot buffer.
9 Council Minutes
4-6-88 Page 5
2. Z/C 5.0450 (Continued)
Councilmember Apfelbaum, concu. red with the proposal ,
provided that parking or buildings be setback 25 feet
from the buffer.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP FROM G-R-5 (GUEST RANCH ZONE)
TO R-2 (MULTI-FAMILY RESIDENTIAL) AND "0" (OPEN SPACE)
FOR 7.5 ACRES LOCATED ON THE SOUTH SIDE OF VISTA CHINO
AND WESTERLY OF SUNRISE WAY, SECTION 11.
It was moved by Smith, seconded by Apfelbaum, and unani-
mously carried, Birer abstaining, that further reading
of the Ordinance be waived, and that the Ordinance be
introduced, providing a 50-foot Open Space zone adjacent
to the southerly property line; that Res 16434 amending
the General Plan be adopted; and that the Planning Commis-
sion conduct a traffic circulation and land use study
of the subject property and surrounding area to the south
and southwest.
3. PD 195 - DESERT SUN PUBLISHING FACILITY
Recommendation: That the Council approve a planned develop-
ment district for the Desert Sun Publishing Company new
facility on the east side of Gene Autry Trail , south of
Tachevah Drive, Section 7.
Planning Director reviewed report of Director o' Community (116)
Development, which was also reviewed in detail at the
last study session. He stated that flood control issues
require the building to be slightly above grade; that
the East Area plan is underway, and staff feels the project
is workable within that plan; that 20 parking spaces will
be deleted during the interim phase, and could be added
later.
Mayor pro tem declared the hearing opened.
David Christian, architect for the project, indicated
his availability to respond to questions.
There were no further appearances, and the hearing was
closed.
Councilmember Foster stated that the building mass is
very large, and landscaping should be up-scaled to shield
it.
Resolution 16435 approving POD, as recommended, was
presented; after which, it was moved by Foster, seconded
by Apfelbaum, and unanimously carried, that Resolution
16435 be adopted, subject to additional condition that
the landscaping be up-scaled, in particular, regarding
shielding the height and scale of the building.
PUBLIC COMMENTS:
Council Minutes
0.30 4-6-88 Page 6
a) Pete Fogherty, Motel 6 - See Item 7.
b) Dick O' Linn, stated that his comments concerning the
Wessman project were not ,_olitically motivated, and
he objects to the way the downtown is developing,
and the use of Agency funds, and asked that the matter
be continued to address those issues.
c) Bill Byrne, 302 Overlook, requested consideration
be given to an Ombudsman program in the City, to serve
as a public advocate, apart from City staff, to work
with staff to solve some of the urgent problems, e.g. ,
rent control for low income merchants; that perhaps
the use of the redevelopment process is too easy,
and more thought should be given to how much tax dollars
are removed from the General Fund, and easing up on
the use of that process; and that he would like a
program through the CVB, which would advertise Palm
Springs as a safe and fun place to visit - hence,
police officers should not be considered when looking
at the budget deficit.
d) George "Goldfink" Goldberg, 1445 "Cesspool '° stated
that the slurry seal program is a. "dismal failure"
and commented on correction of drainage problems,
the former Building & Safety Director, the City Manager,
the CVB, and what he deemed to be "other wastes,"
in government; suggested there needed to be a trans-
fusion on the Council ; and sang a parody on tan and
brown colors.
e) Tuck Broich, 1.130 Manzanita, Chairman in charge of
volunteers during Easter Week, also thanked law enforce-
ment agencies, volunteers, and the State ABC for their
work during Easter Week.
f) Jim Stuart, 1037 Tamarisk, Chairman of the North Palm
Canyon Redevelopment Committee, suggested that work
begin to extend the CBD zone designation north to
Tachevah, which would parallel the boundaries of the
P.S. Now and the Business Improvement Association
area of interest.
LEGISLATIVE ACTION:
4. GPA 5.0461 - GENERAL PLAN STREET PLAN AMENDMENTS
On March 2, Council conducted public hearing to consider
approving numerous changes to the General Plan Street
Plan, based in part upon the JHK and the CVAG Coachella
Valley Area Transportation - studies, and continue action
pending discussions with the Planning Commission.
( 101)
Planning Director reviewed revisions to the resolution,
which were presented in detail at the last study session,
and noted one additional change to Via Miraleste. He
stated that a specific alignment and traffic study for
Alejo Road east of the Airport would be brought back to
the Council .
Resolution 16436 amending the General Plan Street Plan,
as revised and reviewed by the Council in study session,
was presented; after which, it was moved by Foster, seconded
by Smith, and unanimously carried, that Resolution 16436
be adopted.
Council Minutes 031
4-6-88 Page 7
5. CITY ATTORNEY/RISK MANAGER - REALIGNMENT OF DUTIES
Recommendation: That the Council transfer tort claims
defense function from Risk Manager to City Attorney;
amend the Allocated Positions and Compensation Plans to
add a Deputy City Attorney (Range MX18) , adjust Assistant
City Attorney Range to MX 20, and delete Risk Manager
position; and approve agreement with Wendy Hamilton for (61)
risk management consulting services. Commencing April 7, (68)
1988.
City Attorney reviewed his report, and stated that the
action results in a cost savings to the City of $100,000
annually.
Resolution 16437 approving the amendments as recommended,
and Minute Order 4149, approving A2556 with Wendy Hamilton,
were presented; after which, it was moved by Smith, seconded
by Foster, and unanimously carried, that Resolution 16437
and MO 4149 be adopted.
6. APPROVAL OF NEW EMPLOYER-EMPLOYEE RELATIONS RESOLUTION
Recommendation: That the Council approve the new Employer-
Employee Relations Resolution, and amendment Number 2
to the Memorandum of Understanding between the PEARC and (110-002)
MERR entered into July 7, 1988, for the General Unit;
and rescind Resolution 10283. (110)
Personnel Director reviewed her report, and stated that -004
the revised rules have been in progress over the past
seven years; and stated that the amendment to the MOU
preserves the "contract bar," which is part of the current
MOU.
Resolution 16438 approving new employer-employee relations
and Resolution 16439, approving amendment to MOU, as recom-
mended, were presented; after which, it was moved by
Apfelbaum, seconded by Foster, and unanimously carried,
that Resolution 16438 and 16439 be adopted.
7. PD187 MOTEL 6 - FINAL DEVELOPMENT PLANS
Recommendation that the Council approve the final develop-
ment plans for a 150-room hotel located on the south side
of Camino Parocela, between South Palm Canyon and Calle
Chia.
(116)
During the Public Comments portion of the meeting, Pete
Fogherty, 8426 Corral Ridge, Tuscon, Arizona, stated that
the developer has done everything it can regarding the
intersection alignment with the Sun Center, and the rest
remains to be dealt with by the Redevelopment Agency,
and requested that Condition #7 be amended to issuance
of occupancy permit be withheld until the situation is
resolved, rather than withholding issuance of the building
permit. He stated that without the building permit, there
cannot be any site preparation, and he has every confidence
that the issue will be resolved.
Council Minutes
nC3ry 4-6-88 Page 8
7. PD187 (Continued)
Director of Community Development stated) that it was not
intended to forestall the development because of the inter-
section; that CalTrans has reviewed the plans, and the
Sun Center is not willing to give up one driveway; that
he believes it can be resolved, and recommended approving
the final plans, provided that the situation be resolved
prior to issuance of occupancy permit.
Councilmember Foster stated that the developer is agreeable,
and it should be clear to them that the issue must be
resolved, or the occupancy permit will be withheld in
the future.
Resolution 16440, approving final plans, as recommended,
was presented; after which, it was moved by Smith, seconded
by Foster, and unanimously carried, that Resolution 16440
be adopted, subject to revision of Condition 7, to withhold
issuance of occupancy permit, not building permit, be
adopted.
8. EAST AREA DEVELOPMENT
Recommendation that the Council approve agreement with
Senca, for development coordinator services for 500 acres
located on the east side of Gene Autry Trail . Memorandum ( 133 )
of Director of Community Development highlighted by Economic
Development & Housing Director.
MO 4150, approving A2257 , with Senca, as recommended,
was presented; after which, it was moved by Foster, seconded
by Apfelbaum, and unanimously carried, that MO 4150 be
adopted.
ADDITIONAL LEGISLATIVE ITEMS:
9A. BIKE TRAIL EASEMENT - CATHEDRAL CANYON
Director of Community Development recommended adopting
proposed resolution, which conditionally approves the
agreements which have been worked out, and which have
been before t:he Council over the past months, pending
the development of a maintenance agreement between parties (109)
other than the City. He stated that the matter had been
further reviewed at the last study session.
Resolution 16447, as recommended, was presented; after
which, it was moved by Smith, seconded by Foster, and
unanimously carried, that Resolution 16,147 be adopted.
9B. CVJPIA - AMENDED & RESTATED
Recommendation: That the Council approve an amended and
restated agreement creating the Coachella Valley Joint
Powers Insurance Authority - A2�35. (123)
City Attorney stated that the agreement conforms to
previously approved amendments by the Council , however,
the Authority has requested that the Council ' s approval
date more closely coincide with the date of the"final action.
Resolution 16441 approving amended and restated agreement,
as recommended, was presented; after which, it was moved
by Apfelbaum, seconded by Smith, and unanimously carried,
that Resolution 16441 be adopted.
Council Minutes
4-6-88 Page 9 ,
9C. SUNRISE WAY & INDIAN AVENUE REPAIRS
Recommendation: That the Council authorize a purchase
order contract with Massey Sand 0. Rock Co. for an estimated
$104,200 to perform repair work on Sunrise Way (CP83-15)
and Indian Avenue (CP83-22) regarding previously completed
overlay project.
(136)
Director of Community Development reported that agreement
was reached with the contractor to provide the corrections
to the problems of the oil bleeding, and that Lhe details
were reviewed at the last study session.
City Attorney stated that the City has not given up its
claim in terms of the testing company's liability.
MO 4151 authorizing a purchase order up to $1.04,000, as
recommended, was presented; after which, it was moved
by Smith, seconded by Foster, and unanimously carried,
that MO 4151 be adopted.
CONSENT AGENDA:
10. Res 16442 approving a fifth amendment to the By-Laws of the
Greater Palm Springs Convention and Visitors Bureau, Inc. , (50)
to authorize the President of the Board of Directors, to desig-
nate a member of the Hotel Association to serve a one-year
term representing the Association; and increasing the amount
of checks requiring two signatures from $1,000 to $3,000.
11. MO 4152 approving a change in the City's investment policy
to allow a maximum of 5% of the City' s portfolio to be invested (114)
in twelve to thirty-six month instruments, and a maximum of
ten percent in instruments with a maturity of more than thirty-
six months.
12. MO 4153 approving Amendment #4 to Agr. 2328 with Anthony Araiza
& Associates, Airport consultant, for $74,976 and extending (51)
term to December 31, 1988.
13. Res 16443 approving Amendment No. 5 to the Allocated Positions
and Compensation Plans for positions in the City service for (61)
1987-88 fiscal year, to add one Heavy Equipment Technician.
14. MO 4154 awarding contract to Checkmate Security Systems, to
service City-owned fire & security systems, for $182 per month, (117)
and a $350 one-time itemized site plan cost.
15. MO 4155 awarding contract to Koch Asphalt Co. for slurry seal
emulsion, amount of $144.76 per ton, rescinding MO 4007 to (136)
Western Emulsion, Inc.
16. MO 4156 authorizing extension of A2461 with Fran Anderson
until June 30, 1988, not to exceed $7,700; and MO 4157 authori- (139)
zing expenditure of $5,200 from furniture, fixtures and equip-
ment funds, therefore, total FF&E not to exceed $80,200, both
related to the Convention Center.
17. MO 4158 approving new Cogeneration gas service contracts with
Southern California Gas Company, to lower primary and penalty
rates, and change from a Priority 2A to 3A Agr # 2558. (52)
Council Minutes
(134 4-6-88 Page 10
18. Res 16444 amending the budget to appropriate funds for sick (E1)
leave and vacation payouts.
19. Res 16445 amending the budget to decrease appropriations for (E1)
Medicare Tax in 1987-88 by $176,669.
20. Res 16446 approving Claims & Demands. (86)
21. Motion concurring in CRA R516 - R521 adopted this date. (1.24)
It was moved by Foster, seconded by Apfelbaum, and unani-
mously carried., that Resolutions 16442 through 16446,
Minute Orders 4152 through 4156, and the motion in Item
21, be adopted.
ADDED STARTERS: None
REPORTS & REQUESTS:
22. CITY COUNCIL reports or requests
a) Councilmember Smith stated that he had enjoyed serving
on the City Council , and appreciated that the Council
had worked together, in a spirit: of allowing for
disagreement among members without being disagreeable;
that he considered the staff to be excellent, i .e. ,
the City Manager; that the Council set many goals
four years ago, many of which have been accomplished,
e.g. , the Airport Master Plan, the Desert Fashion
Plaza, the relocation of Saks, and noted that many
will not be seen for several years; that the Council
balanced its budget, made many cuts , some of which were
not popular; and that a balanced budget was presented
to the incoming Council .
PUBLIC reports or requests - None
STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to Tuesday, April 19, 1988, 3 p.m. , in the Council
Chamber.
---- JUD-ViH SUMICH
City Clerk