HomeMy WebLinkAbout7/20/1988 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JULY 20, 1988
A Regular Meeting of the City Council of the City of Palm Springs,
California, was called to order by Mayor Bono, in the Council
Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, July 20, 1988
at 7:30 p.m.
ROLL CALL: Present: Councilmembers Apfelbaum, Broich, Foster,
Neel and Mayor Bono
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 in accordance with Council
policy on July 15, 1988; one item added, upon unanimous
approval , on July 14.
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned
for the purpose of convening as the Community Redevelopment Agency;
after which, member reconvened as the City Council .
PUBLIC HEARINGS:
1. P.D. 183 - JOHN WESSMAN
Recommendation: That the Council approve a planned develop-
ment district, in-lieu of a change of zone, to construct
a mixed-use retail center on the southwest corner of Ramon
Road and Sunrise Way.
Planning Director highlighted Memorandum of Director of
Community Development, which was reviewed in detail at
the last study session; and noted that the applicant has
concerns about how the parking standards will be applied,
i .e. , the mixed-use development parking standard would
allow up to 25% of floor area for food service without
providing, additional parking.
Mayor declared the hearing open.
John Wessman, 72200 Clancy Lane, Rancho Mirage, stated
that he considered the project outstanding, and was hopeful
the development of the Alpha Beta center would have the (116)
same architectural character; that he is concerned about
requiring an amended planned development district for
the corner, and restricting square footage to 25% for
food service; that he does not have a tenant for the corner,
but it would likely be for a bank, savings and loan, or
restaurant; that he would prefer a restaurant, which would
be tied to the basic requirements of the project; that
he objected to condition to extend the Baristo Channel
box in connection with street work, since he is required
to extend it as part of the internal portion of the project,
and the cost will exceed the amount of the drainage fee;
that he objected to requiring a complete sewer study
relative to the effect of the development on the existing
discharge system by calculating its future sewage discharge,
on the basis that such information must have been taken
into account at the time the sewer master plan was
developed, since the property was zoned CON, and he was
told most of the information was available, and he only
needed to put it together, which he considered to be a
waste of money; and that he opposed the condition to require
both a fence around the property, and a guard to assure
against fire loss, because the property is isolated from
other properties, and separated by the street and flood
channel . He later clarified that his intent was to suggest
that the Fire Code be amended, and same be in place at
the time he is ready for construction.
Council Minutes 10 1
7-20-88 Page 2
E
1. P.D. 183 (Continued)
Planning Director reported that the 25% limitation on
food service was considered appropriate because of the
small size of the parcel ; that CDN generally is 8-12 acres,
and provides certain economies of scale that smaller parcels
to not provide; that additional food service could be
approved by the Planning Commission, when it is demonstrated
that there is adequate parking; that the Planning Commission
discussed the impact on sewers, and only a limited study
is needed; that the drainage fee on 3 acres would be about
$30,000, and the cost of the bridge widening would be
applied against the fee, but there could be additional
discussion with the City Engineer.
Mayor and Councilmember Foster agreed that perhaps the
guard was unwarranted.
Mr. Wessman stated that he did not wish the matter returned
to the Planning Commission, and felt the issues were Council
matters; and if there are uses which are not desired on
the corner, the Council should so indicate; and that he
was not opposed to future architectural approval of the
corner parcel .
Frank Tysen, 175 S. Cahuilla, spoke in favor of the project,
and the type of architectural treatment as desirable for
the City; and urged approval of the mitigating factors
requested by Mr. Wessman.
There being no further appearances, the hearing was closed.
In answer to question by Council , Planning Director reported
that Mr. Wessman's request is to allow, by right of the
project, any use permitted in the CDN, e.g. , bakeries,
bike shops, food service, banks; that drive-through food
service is not allowed; and that the City Engineer was
concerned about banks, savings and loans, and food service,
because of the high volume of potential traffic generation;
and that Mr. Wessman is aware that any use would require
site plan approval . He suggested that he might meet with
Mr. Wessman to review the uses in the CDN, and come back
to the Council to identify those which would not be allowed
by right of the project.
It was moved by Foster, seconded by Apfelbaum, and unani-
mously carried, that this matter be continued to August
3, pending review of allowable uses, and discussion concern-
ing conditions questioned by the developer.
2. STREET LIGHTING MAINTENANCE DISTRICT 3
i
Recommendation: That the Council overrule protests, and
confirm assessments for 1988-89. (56)
Director of Community Development highlighted his report,
and stated that the cost per unit is $44.42
Mayor declared the hearing open; there were no appearances,
and the hearing was closed
Res 16517 as recommended, was presented; after which,
it was moved by Foster, seconded by Apfelbaum, and unani-
mously carried, that R16517 be adopted.
Council Minutes
7-20-88 Page 3
0 2 3. STREET LIGHTING MAINTENANCE DISTRICT 4
Recommendation: That the Council overrule protests, and
confirm assessments for 1988-89.
Director of Community Development highlighted his report,
and stated that the cost per unit is $62.53 (56)
Mayor declared the hearing open; there were no appearances,
and the hearing was closed
Res 16518 as recommended, was presented; after which,
it was moved by Apfelbaum, seconded by Foster, and unani-
mously carried, that R16518 be adopted.
4. PARKWAYS MAINTENANCE DISTRICTS 6A, 6B, AND 6C
Recommendation: That the Council overrule protests, and
confirm assessments for 1988-89.
Director of Community Development highlighted his report, (138)
and stated that the cost per unit is $152.39 and 3 at
$304.79 (6A), $13.20 (6B) , and $275.40 (6C)
Mayor declared the hearing open; there were no appearances,
and the hearing was closed
Res 16519 as recommended, was presented; after which,
it was moved by Neel , seconded by Apfelbaum, and unanimously
carried, that R16519 be adopted.
5. CONFLICT OF INTEREST CODES
Recommendation: That the Council approve updated Conflict
of Interest Codes for the Community Development and Fire
Departments, and for the Economic Development Commission
and Historic Site Preservation Board. (63)
City Clerk reported that the code updates are part of
an overall up date for all departments and commissions;
most of which were accomplished in late .1987, and several
are to be presented in the near future.
Mayor declared the hearing opened; there were no appear-
ances, and the hearing was closed.
Minute Order 4210 approving updated Codes., as recommended,
was presented; after which, it was moved by Apfelbaum,
seconded by Broich, and unanimously carried, that MO 4210
be adopted.
6. CASE 3.0220 - CARL'S JR. SIGN APPEAL
Consideration of appeal by Council regarding Planning
Commission action on application for additional signing
at the Carl 's Jr.. located at 2520 N. Palm Canyon Drive.
(13'1)
Planning Director highlighted Memorandum of Director of
Community Development, and displayed exhibit showing exist-
ing shopping center signs and styles; and stated that
the Planning Commission felt that lowering the building
to hide the drive-through diminished the building and
probably business identity, and that the request was not
in keeping with the ordinance, but somewhat, with the program
developed for the center.
Council Minutes
7-20-88 Page 4
6. CS 3.0220 (Continued)
Mayor declared the hearing opened.
Carl Karcher, Jr. , 99 Vereda Lane, Palm Desert, stated
that a request had been submitted for awnings, similar
to those being installed at other Carl 's Jr. locations,
but it was not approved by the AAC; that the AAC and
Planning Commission said they would look to see if more
highlighting could be given; that the building is sunken,
and a sign at the upper parapet would be at the same
elevation, as if the building were not sunken, and the
landlord is in agreement.
Reuell Young, architect for the complex, 1420 Vereda road,
stated that the intent was to counteract two previous
decisions, i .e. , to lower the building, and to turn all
activity of the center inward so there would noL be any
illumination, and only the monument sign would be on the
corner; that the site is heavily landscaped, and camouflages
the building; that the proposal would highlight the texture
of the roof, without being obnoxious, and provide
identification. In answer to question by Council , he
stated that the sign facing the interior of the complex
would be negotiable.
There were no further appearances, and the hearing was
closed.
Councilmember Foster stated that he appealed the decision,
and was concerned about having spent a great deal of time
in developing sign programs for shopping centers, and
felt this would destroy those efforts, and set a precedent
for future changes; and that the monument sign is visible,
although less so for traffic heading south; and he was
not opposed to lighting the roof.
Councilmember Broich stated that he did not have any problem
with the proposal , and favored it if it will help increase
revenue for the restaurant.
Councilmember Apfelbaum stated that she agreed with Council-
member Foster, and thought Naugles across the street,
would be a good example of a business that would want
something similar.
Motion by Broich to uphold the Planning Commission action,
failed for lack of a second.
It was moved by Foster, seconded by Apfelbaum, and carried
by the following vote, that the Planning Commission approval
of the sign be denied, and the approval of the lighting
be upheld:
AYES: Apfelbaum, Foster, Neel & Bono
NO: Broich
ABSENT: None
PUBLIC COMMENTS, reports or requests
a) Dr. Friedman, 449 W. Arenas, stated that he submitted
a petition requesting a crosswalk be installed mid-block
between the Marquis and The Plaza; that there was
once a crosswalk at that location; that he disagreed
with both the Traffic Engineer and Police Chief's
assessment that one was not called for at the location;
and that his petition described a solution to slowing
the traffic, and permitting an island for crossing,
without losing more than 4 parking spaces.
1 n R Council Minutes
7-20-88 Page 5
b) George Goldberg, Palm Springs, cited "'losses" to Palm
Springs, including a skating rink, bowling alley,
J.C. Penneys, restaurant row, mental health center,
drug and alcohol facilities, and the old barn (which
he felt could have been saved through building
reinforcement) ; and that in his opinion, a utility
tax would fail on the ballot, and more police could
be afforded by cutting staff at City Hall , including
department heads, secretaries and assistant secretaries.
c) Bob Voigt, 505 S. Farrell Drive, strongly urged that
the Council place the utility user tax on the November
ballot, along with heavy publicity of it; and stated
his opinion that people will vote in favor of it,
when they realize what will happen if it is not passed.
LEGISLATIVE ACTION:
7. NORTH PALM CANYON PROJECT AREA - INTERIM ZONING ORDINANCE
On June 1, 1988 Council adopted an interim zoning ordinance
to preclude certain uses from being approved in a portion
of the North Palm Canyon Project Area along Palm Canyon,
between Granvia Valmonte and Tachevah, which remained
in effect for 45 days. It is recommended that the Ordinance
be re-enacted for another 45 days.
Planning Director reported that permanent changes would
eventually require full public hearing; and it is antici-
pated that it will be another 8 months before that occurs.
City Clerk read title of the Ordinance 1304, as follows: (103')
AN INTERIM ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, TO PROHIBIT ANY USE NOT PERMITTED BY SECTION
9209.01 OF THE PALM SPRINGS ZONING ORDINANNCE FOR A PORTION
OF NORTH PALM CANYON DRIVE AND INDIAN AVENUE EXTENDING
NORTH FROM GRANVIA VALMONTE TO TACHEVAH DRIVE AND VIA'
LOLA, AND DECLARING THE URGENCY THEREOF.
It was moved by Foster, seconded by Broich, and unanimously
carried, that further reading be waived, and that Ordinance
1304 be adopted.
S. ANNUAL GRASS SEED PURCHASE
On July 5, Council continued consideration of awarding
purchase of annual rye grass seed to J 1K P Garden Supply
Company, and perennial rye grass seed to Foster Turf
Products, pending clarification of prices. (84)
Purchasing Manager reported that the vendor for the annual
rye seed has agreed to pass along any decreases secured
by it; however., the perennial rye seed is not treated
as a commodity item, and the price is firm.
Minute Order 4211, awarding purchases„ as recommended
and agreed upon, was presented; after which, it was moved
by Neel , seconded by Apfelbaum, and unanimously carried,
that MO 4211 be adopted.
Council Minutes
7-20-88 Page 6
9. CDBG - WINGS OF LOVE JOB TRAINING SERVICES
Recommendation: That the Council approve a reallocation
of $7,000 of CDBG funds, and an agreement with Wings of
Love Ministries, for a job training services program for
low and moderate income individuals.
Economic Development & Housing Coordinator reviewed Memoran-
dum of Redevelopment Director, noting that the funds would (85)
be a reallocation of a portion originally allocated to
Camp Fire Girls, but they have declined the need for
the funds. She also stated that a recommendation will
be brought to the Council relative to allocating the aggre-
gate of unused funds from prior programs. In answer to
questions by Council , she stated that $57,500 was allocated
for l;he Senior Home Repair Program, that the Council could
allocate additional funds if it so desired; and that DARE
is not eligible for CDBG funds, however, discussions are
underway with Catholic Charities, who might be eligible
for funding of its drug counseling program through a
Community Services Block Grant program which, if approved,
would be brought forward in January.
Resolution 16520, approving reallocation, and Agr #2585,
as recommended, was presented; after which, it was moved
by Broich, seconded by Foster, and unanimously carried,
that R16520 be adopted.
ADDITIONAL LEGISLATIVE ITEMS:
10. DEMUTH PARK & MUNI GOLF COURSE WATER METERS
Recommendation: That the Council approve the installation
of reclaimed water service meters at DeMuth Park and the
Municipal Golf course by Desert Water Agency, for $36,880,
per MOU dated June 12, 1985.
(147)
Minute Order 4212 approving installation as recommended,
was presented; after which, it was moved by Neel , seconded
by Apfelbaum, and unanimously carried, that MO 4212 be
adopted.
11. AIRPORT -• DRAFTING SERVICES
Recommendation: That the Council approve an agreement
with Anthony Araiza & Associates for architectural drafting
for the Airport Termination Schematics for $22 per hour,
not to exceed a total contract of $21,000 - Agr #__. (51)
Councilmember Foster stated that a consultant was retained
to develop the Airport massing, and he questioned the
expertise of the proposed draftsman in the field of Airport
development; that the report at the study session, suggested
that the Director and the draftsman would design schematics
to discuss with the airlines, and then would go to an
architect for final plans; that he views that proposal
as a reverse process, and preferred that the matter be
continued for two weeks, to permit further review and
discussion with experts involved in the Airport's
development.
City Manager stated that the schematics will be less cost
to the City, provide more flexibility in thinking through
the concepts of what needs to be done, and is consistent
with the development process of other facilities.
Council Minutes
7-20-88 Page 7
11. AIRPORT DRAFTING SERVICES (Continued)
Director of Aviation stated that the emphasis is not on
design; that the master plan octlines the areas which
need more review for expansion, and it would be helpful
'to work through those with a draftsman, and then to go
to the airlines with concepts as to how the, building should
be "pushed out;" that he does not have the ability to
do that, nor the funds to hire an architect; that the
airlines only require basic drawings at this point, and
the proposal is not an attempt to design the project,
and the airlines are the experts, not the architect.
He stated that the airlines agree with the master plan,
and are asking that the City show how that will happen,
and the proposal is a research project, with drawings.
Councilmember Foster stated that the architect with
expertise in this field should) be doing the drawings;
and that it may save money to use a draftsman, but questions
if it will be money well spent, or simply a duplication
of effort, and that some of the work is not related to
the airlines.
It was moved by Foster, seconded by Broich, and unanimously
carried, that this matter be continued to August 3, 1988.
CONSENT AGENDA:
12. Res 16521 authorizing continuing appropriations for projects (61)
not completed from the 1987-88 budget into the 1988-89 fiscal
year.
13. Res 16522 fixing amount of money to be raised from property (140)
taxes for 1988-89 debt service, and tax rate therefor.
14. MO 4213 approving agreement with Leonard M. Kalfuss, M.D.
for pre-employment orthopedic physical examinations for 1988-89, (110)
Agr #2586.
15. Res 16523 approving agreement with the Housing Authority of
the County for fair housing services, as required by the CDBG (85)
program, for 1988-89 for $25,000 - Agr #2587.
16. Res 16524, 16530 and 16531 approving Payroll Warrants & Claims (86)
& Demands.
17. Res 16525 amending the budget to appropriate $40,000 to fund
water line connection for De Muth Park. (61)
18. Res 16526 approving P.D. 195 final development plans for the
Desert Sun facility on the east side of Gene Autry Trail . (116)
19. MO 4214 awarding contract to Wall-Tech WallCovering Contractors (51)
for wall coverings at the Airport Terminal , for, $6,475.
20. MO 4215 approving letter proposal of Interactive Design Corpora-
tion for services in conjunction with the Airport's corporate (51)
hangar subdivision, not to exceed $5,880 - Agr #2588.
21. MO 4216 approving letter proposal of Technicraft Communica-
tions, Incorporated, to install new intercom equipment at the (51)
Airport, for $5,500 •- Agr #2589.
22. MO 4217 ratifying emergency purchase of a catalytic silencer
for the Sunrise Cogeneration Plant from San Pasqual for (52)
$18,988.70.
? n�
Council Minutes
7-20-88 Page 8
23. Res 16527 and 16528 confirming annual assessments for Street
Lighting Maintenance Districts 1 & 2 for 1988-89. (56)
It was moved by Foster, seconded by Neel , and unanimously,
carried, that Resolutions 16421 through 16531, and MO
4213 through 4217, be adopted
ADDED STARTERS: Eligibility for consideration of Item 24 determined
upon unanimous approval at the study session; and Item 25 upon
unanimous approval at this time.
24. HAND HELD RADIOS
Minute Order 4218, awarding purchase of 15 UHF hand held
radios, and three charger racks, to Riverside Communica-
tions, for $10,923.30, was presented; after which, it (84)
was moved by Foster, seconded by Broich, and unanimously
carried, that MO 4218 be adopted.
25. SPRING BREAK GAMES
Recommendation: That the Council approve an agreement
with Springs Games, Inc. , to present a college Olympics
event during Spring Break 1989; with City option to continue
the agreement for additional two years.
Assistant Director of Parks, Rec & Library reported that ( )
the maximum cost to the City would be $11,500, which
consists of $6,500 for a share of transportation costs,
and a maximum of $5,000 to help provide V. I.P. hospitality
to the media, travel agents, potential sponsors and other
parties; that there will be in-kind services provide,
as detailed in her report; and that if additional police
security is determined to be needed, other than what is
normally provided during Spring break, they will have
to provide and pay for private service; that the City
agrees to not co-sponsor any entertainment events at night
during the break and that once those events of Spring
Games are determined, a decision will be made as to which
are mutually acceptable, and whether additional security
will be required.
Director of Parks, Rec & Library stated that other private
sources desiring to put on events would have to follow
normal processes.
In answer to questions by Council , Police Chief stated
that the Department spoke with other cities who have had
similar activities, and there have not been any problems
with the games, per se; that traffic control might be
needed for bike races, and some events, but generally
there was no problem; and that he has concerns about evening
activities, and those will be addressed.
Resolution 16529 approving the agreement, as recommended,
was presented; after which, it was moved by Apfelbaum,
seconded by Broich, and unanimously carried, R16529 be
adopted.
COMMISSION APPOINTMENTS: None
EMPLOYEE RECOGNITION AWARD: Presented to Wendy Hamilton, Risk Manager
Council Minutes
7-20-88 Page 9
REPORTS & REQUESTS:
26. DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Treasurer' s Monthly - March, 1988 (121)
CITY COUNCIL reports or requests - None
PUBLIC COMMENTS, reports or requests
a) Elliott VanKobie, 93 Rhonda, Golden Sands Mobile Park,
described what he believed to be the "real " commission
appointment process, and challenged the manner of
appointing certain commissioners. Mayor suggested
that he meet with him to the matter further.
STAFF reports or requests: None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to a Closed Session, pursuant: to Government
Code 54956.9(a) re City of Palm Springs vs. Indian Wells;
after which, the meeting was adjourned.
J11DI-fH SUMICH
City Clerk