HomeMy WebLinkAbout2/1/1989 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL. MINUTES
FEBRUARY 1, 1989
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, February
1, 1989 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 Cleric The agenda was posted in accordance
with Council policy on January 27, 1989; and one item
was added, upon unanimous consent, at the Council Study
Session.
SPECIAL RECOGNITION:
Mayor proclaimed February 1, 1989, as Alfred Albert Day, (74)
in recognition of his service to the Community, i .e. ,
his service on the Public Facilities Corporation.
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 Broich, seconded by Foster., and unanimously
carried, that the Minutes of January 4 and 18, 1989 be
approved.
PUBLIC HEARINGS:
1. TRACT MAP 23557 - HINSVARK
Recommendation: That the Council approve a tentative
tract map for seven homesites on 20 acres on i:he south
side of Camino Parocela, between Fern Canyon and Bela.rdo.
Planning Director reviewed the memorandum of Director
of Community Development, and described the Planning
Commission process, and highlighted its conditions, ( 137)
including requirement that if there is any grading, an
archaeologist must be on site to satisfy concerns of the
Tribal Council ; that the property is currently in Che
W-prefix, and once the Tahquitz Flood Control project
is completed, it will be free of that designation; and
that the final map may not be recorded until the flood
project is completed.
In answer to question by Council , Planning Director stated
that the tennis court, and each individual residence,
as well as the grading, common areas, and the chainlink
fence will be come back for Planning Commission approval ;
that the entry gate will be at the. entrance at the south
end of Ferri Canyon, and the developer, is willing to wort:
with the homeowners to change the location, which may
necessitate a vacation of a portion of Fern Canyon, and
make it a private road.
Council Minutes
2-1-89 Page 2
1. TM 23557 (Continued)
Mayor declared the hearing opened; there were no
appearances; and the hearing was closed.
Councilmember Foster stated that although his residence
is a considerable distance away from the proposed location,
he would abstain on the appearance of conflict.
Res 16675 approving the tentative map, as recommended,
was presented; after which, it was moved by Broich, seconded
by Apfelbaum, and unanimously carried, that R16675 be
adopted, subject to condition that the developer work
with the neighbors concerning the location of the gate.
2. ZTA 5.0400 - C-1 ZONE AMENDMENT
Recommendation: That the Council amend the Zoning Text
to revise permitted uses in the C-1 zone, i .e. , liquor
stores., convenience markets, laundromats„ and auto parts
sales.
Planning Director reviewed memorandum of Director of (103)
Community Development, stating that consideration of the
change stemmed From concerns to protect the "gallery
district" immediately north of the CBD (part of PA6) ;
that the four uses permitted in the C-1, considered the
most detrimental to the gallery district, are: liquor
stores, laundromats, convenience stores, and auto parts
sales and installation; that the Commission recommended
that such uses be subject to a conditional use permit,
which allows a case-by-case review, without totally
eliminating them from the C-1 zone. He stated that the
uses would also be conditional , by reference, in the C-2
zone; and liquor stores and convenience stores are
recommended as conditional uses in the C-M, M-1 and M-.I-P.
Mayor declared the hearing open; there were no appearances,
and the hearing was closed.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING ORDINANCE IN REGARD TO LIQUOR STORES,
AUTO PARTS SALES, CONVENIENCE STORES AND LAUNDROMATS
IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONES.
It was moved by Broich, seconded by Foster, and unanimously
carried, that further reading be waived, and that the
Ordinance be introduced for first reading.
3. ZTA 5.0502 - TENNIS COURTS
Recommendation: That, the Council amend the Zoning Text
concerning standards for tennis courts, including require-
ments for night lighting standards in all Zones, citywide.
Planning Director reviewed the memorandum of Director (103)
of Community Development, which was also reviewed in detail
at the study session; and stated that the changes clarify
the language in the existing ordinance, which has been
in effect since 1976, simplify the approval process, reduce
fees, and allow additional height for light fixtures.
Council Minutes
2-1-89 Page 3 2„''0
3. ZTA 5.0502 TENNIS COURTS (Continued)
He stated that the maximum allowable height would increase
from 10 feet to 16 feet, measured from natural grade;
that: the light beam may not extend off of the property;
that quartz lighting would be prohibited; and that the
maximum light wattage would be 400; and that night lighting
will not be allowed for properties which do not meet the
setback requirement (same as for the residence) . Ile high-
lighted provisions for all other zones.
Mayor declared the hearing open.
Robert Morrow, 481 Calle Rolph, stated that he is a lighting
designer, and supports the 16 foot height limit, which
results in energy conservation, and that with the new
light standards, there would be no spill beyond the pole,
and the only light would be that reflected off the surface
of the court, which could be controlled; that a 400W light
is not needed, if the pole is 16 feet, rather 25OW would
be ample brightness for residential play; that the light
beam is controllable, and adjustable up to 750 , and he
did not think the standards have been developed, based
on what is available in the market today; and that if
the standard is correctly designed, a light shield is
not necessary. He stated his opinion that the new lights
at the Airport are ten years behind time; and that the
safety street lights are based on a 35 year old design.
There were no further appearances, and the hearing was
closed.
Councilmember Foster requested that a "model light" be
set up for viewing, between this date and the next meeting.
It was noted that the new improvements in the Airport
would be a good indication of the height and brightness.
Councilmember Apfelbaum stated that she was concerned
about the light and the height of the poles, and considered
it a drastic increased from 10 to 16 feet, and the impact
it might have on neighborhoods.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING ORDINANCE IN REGARD TO TENNIS COURTS
IN ALL ZONES.
It was moved by Broich, seconded by Neel , and carried
by the following vote, that further reading be waived,
and that the Ordinance be 'introduced for first reading:
AYES: Broich, Foster., Neel and Bono
NO: Apfelbaum
ABSENT: None
PUBLIC COMMENTS:
a) Dr. Robert Bertrand, 933 Chino Canyon Road, commended
Councilmembers Broich & Apfelbaum; urged adoption
of Item 8, in order to keep some of the old buildings
in town; urged that any discussion for a regional
mall focus the location near I-10; urged water conserva-
tion; supported the Airport as a port of entry, but
thought the Airport should be located near Edom Hill ;
and expressed concern about air traffic, noise and
congestion.
31
Council Minutes
2-1-89 Page 4
b) Jeff Zucker, 483 Calle Abronia, stated his opinion
that the City should know what it wants to do with
its land, and not pay someone to brainstorm ideas;
that he has spoken with City staff about a miniature
golf course at the Municipal Golf Course, is in the
process of redefining the project, and thought too
much money was being spent on Items 4 and 5.
c) Bob Morrow, stated that night lighting is inadequate
and outdated., and does not attract people to the down-
town at night; that a planned street lighting program
should be considered, which is less expensive than
what is in place, and more energy efficient.
LEGISLATIVE ACTION:
4. GOLF COURSE DEVELOPMENT - CONSULTING SERVICES
Recommendation: That the Council approve a letter agreement
with Schey & Associates to provide consulting services (92)
regarding an 18-hole golf course in Section 20 (north
of Municipal Golf Course area) ; and amend the budget to
appropriate $14,080, therefore.
AND
5. GOLF COURSE DEVELOPMENT - PROJECT MANAGEMENT
Recommendation: That the Council approve a letter agreement
with Schey & Associates to provide project management
services for the development of an undetermined type of
golf facility on city-owned and other land west of the
existing Municipal Golf Course; and amend the budget to (92)
appropriate $60,000, therefore.
Assistant City Manager reported that a task; force comprised
of staff and council members, and others, have met over
the past months to explore the opportunities for additional
golf courses in Palm Springs; that the consultant reviewed
his report at the last two study sessions, which includes
an 18-hole, high-class, regulation or championship course
in Section 20 (north of Municipal Golf Course) ; and the
possibility of a 9-18 hole executive, or 9-18 hole regula-
tion course west of the Municipal Golf Course; that both
projects appear feasible; and that the proposal calls
for the consultant to put together land in Section 20,
hopefully under a master lease, with a master developer,
as a public course, and that phase should be completed
within twenty weeks. He stated that recommendation in
Item 5 calls for the consultant to provide management
services in two phases, to deal with the Flood Control
District's and the City' s land, engineering study, and
determine what kind of course would best fit - estimated
cost of phase one is $2,800, plus the engineering study;
and that the Council will then be in a position to decide
whether to proceed with one or the other, or both courses.
He stated that the costs in Item 5 were based on the esti-
mate for a 9--hole course ($2 million) , and the consultant
would stay with the project from the start to the opening
of the course, for 3%.
MO 4311 approving Agreement 2667 (Item 4) ; and R16676
amending the budget to appropriate $14,08D were presented;
after which, it was moved by Neel , seconded by Foster,
and unanimously carried, that MO 4311 and R16676 be adopted.
MO 4312 approving Agreement 2668 (Item 5) ; and R16677
amending the budget to appropriate $60,000, were presented;
after which, it was moved by Neel , seconded by Foster,
and unanimously carried, that MO 4312 and R16677 be adopted.
Council Minutes
2-1-89 Page 5 a i,lr
6. FILM FESTIVAL
Recommendation: That the Council approve phase one of
the film festival ; an agreement with the director for
the film festival ; and appropriation of $58,000 .or phase
one costs.
Director of Community Services & Promotion reviewed her
report, which was also reviewed in detail at the last
study session; and stated that the first phase would consist (50)
of retaining Jeannette Paulson, over the next five months,
to solicit sponsorships to cover the cost of the project;
that several corporations have already expressed strong
interest in the project; and recommended that the Council
sanction the event as one of the main events during the
year, which will lift the Sign Ordinance, and provide
the seed money, and allow coordination with Mahoney and
Wasserman.
In answer to question by Council , she stated that there
is a good possibility the City will not be spending any
money; that it might be possible to reduce secretarial
support, and possibly take advantage of American Airlines
interest in the project, in securing Ms. Paulson's travel ;
that the brochure will not be a four-color brochure,
and will cost 'less than $5,000; that the contract with
Ms. Paulson specifies that she will spend 30 hours per
week, and be available on a daily basis; and that she
will be living in Palm Springs during the next five months,
and probably will take a sabatical from her current position
with the Hawaii Film Festival .
MO 4313, approving Agreement 2669, and R16678 amending
the budget to appropriate $58,000 were presented; after
which, it was moved by Broich, seconded by Foster, and
unanimously carried, that MO 4313 and R16678 be adopted.
7. ANALYSIS OF PALM SPRINGS HOTEL VISITOR, 1989
Recommendation: That the Council authorize the Greater
P.S. Convention & Visitors Bureau to update the Analysis
of Palm Springs Hotel Visitor for 1989; and amend the
budget to appropriate funds, therefore.
Assistant City Manager reviewed memorandum of City Manager, (50)
noting that the survey is in line with the CVB presentation
to the Council at a recent study session; and a sample
questionnaire included in the Manager's report.
MO 4314 authorizing updated study; and R16679 amending
the budget, were presented; after which, it was moved
by Apfelbaum, seconded by Broich, and unanimously carried,
that MO 4314 and R16679 be adopted.
8. MUNICIPAL CODE AMENDMENT - EARTHQUAKE HAZARD REDUCTION IN
EXISTING BUILDINGS
Recommendation: That the Council amend Chapter 8.04 of
the Municipal Code to establish a program for earthquake
hazard reduction in existing buildings. (103)
Building & Safety Director reviewed memorandum of Director
of Community Development, which was also reviewed in detail
I '
Council Minutes
2-1-89 Page 6
8. EARTHQUAKE HAZARD REDUCTION (Continued)
at the last study session; and noted that residential
buildings with five dwelling units or less, buildings
constructed after June 8, 1938, state and federal buildings,
and buildings with few occupants, e.g. , warehouses, are
exempt from the mitigation; that qualified historic build-
ings are also exempt from inventory, however, both the
California Seismic Safety Commission and the staff recommend
including such buildings in the mitigation program, utiliz-
ing the procedures and methods of analysis detailed in
the proposed ordinance in conjunction with the requirements
of the State Historical Building Code.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF TILE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 8.04.070 OF THE PALM SPRINGS MUNICIPAL
CODE TO ADOPT THE CALIFORNIA SEISMIC 'SAFETY COMMISSION
MODEL ORDINANCE AND AMENDING CHAPTER 8.04 OF THE PALM
SPRIINGS MUNICIPAL CODE TO ADD SECTION 8.04.072 TO AMEND
VARIOUS PROVISIONS OF THE CALIFORNIA SEISMIC SAFETY
COMMISSION MODEL ORDINANCE.
It was moved by Broich, seconded by Foster, and unanimously
carried, that further reading be wa.iwd, and that the
Ordinance be introduced for -First reading.
9. MUNICIPAL CODE AMENDMENT - NOISE DISTURBANCES BY ANIMALS (:Intro.
1-18-89)
City Clerk read title of Ordinance 1323, re Section
10.28.020 of the h"icipal Code, concerning noise
disturbances by animals; after which, it was moved by
Foster, seconded by Neel , and unanimously carried, that ( 103)
further reading be waived, and the Ordinance 1323 be
adopted.
10. ADDITIONAL LEGISLATIVE ITEMS (added to Consent Agenda)
CONSENT AGENDA:
11. MO 4315 approving an agreement with Sanchez-Kamps Associates
for Airport ticket counter bid document preparation, for $21,000 (51)
Agr #2670.
12. MO 4316 approving purchase option agreement of two currently
leased mobile office units at $11,058 each , plus tax and (51)
license, from Mobile Modular, for Airport use; and Res 16680
amending the budget to appropriate $24,000.
13. MO 4318 awarding contract to Massey Sand I', Rock Co. , for
$87,687, for overlay of South Palm Canyon Drive, from Belardo (136)
to Ave. Granada, and Cantina Way, west of Palm Canyon, CP85-56,
Agr #2671. (Director of Community Development clarified that
the wort: will commenced upon completion of the DWA water main
project)
Council Minutes 2
2-1-89 Page 7
14. Res 16681 approving additional continuing appropriations
totalling $241,200 for Tahquitz Cone project. (61)
15. Res 16682 amending the Comprehensive Fee Schedule to modify
bail schedule for certain parking violations, pursuant to ( 114)
the Judicial Council of California.
16. Res 16683, 16684 and 1.6685 approving Payroll Warrants and
Claims & Demands. (86)
17. Res 16686 approving final development plans for PD 183, to
construct a mixed-use retail center, on the SH corner of Ramon (116)
and Sunrise Way.
18. motion concurring in CRA actions to date - R589-598. (124)
19. MO 4317 approving purchase of kitchen equipment for thn Conven- (139-
tion Center from Ram's Hotel and Restaurant Supply, for $19,769. 002)
20. MO 4319 approving Change Order No. 2 to increase contract
with Matich Corporation, by $11,029.30, for landscaping Indian (136)
Avenue, CP86-24, A2583.
It was moved by Apfelbaum, seconded by Broich, and unani-
mously carried, that MO 4315 through 4319, Resolutions
16680 through 16686, and motion in Item 18 be adopted.
21. CITY MANAGER CONTRACT
Resolution 16687 updating City Manager contract (A2400) ,
effective December 28, 1988, was presented; after Wch, (71)
it was moved by Foster, seconded by Neel , and carried
by the following vote, that R16687 be adopted:
AYES: Apfelbaum, Foster, Neel & Bono
NO: Broich
ABSENT: None
REPORTS OR REQUESTS:
22. DEPARTMENTAL - Received & Ordered Filed
a) Audit Reports (3) - City, F/Y 1987-88; City, Fed Assist
Programs, 6-30-88; CRA, F/Y 1987-88 (121)
23, CITY COUNCIL reports or requests
24. PUBLIC reports or requests
25. STAFF reports or requests
26. CLOSED SESSION REPORT:
City Manager reported that a Memorandum of UnderstavKling was
approved by the Council in Closed Session on January 26, 1989, (50)
and thereafter released at a news conference, relative to
understanding between the proponents of an initiative measure
(Murawski & DeBoard) and actions in-lieu of submittal of the
petition and subsequent election, which deals with the formation
Of a Palm Springs Visitors t Promotion Board, and the expendi-
ture of room tax revenues. See A2666.
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned.
Q�
JUDITH SUlVCF
City Clerk