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HomeMy WebLinkAbout3/15/1989 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES MARCH 15, 1989 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor pro tern Apfelbaum, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, March 15, 1989, at 7:30 p.m. ROLL CALL: Present: Councilmembers Apfelbaum, Broich, Foster, and Neel Absent: Mayor Bono The meeting was opened with the salute to the Flag, and a moment of silence. REPORT OF POSTING OF AGENDA: Report of City Clerk: The agenda was posted in accordance with Council policy on March 10, 1988. COMMUNITY REDEVELOPMENT AGENCY: Mayor pro tem 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. CUP 5.0503 - GREGORY/PIO PARTNERSHIP - DAY CARE CENTER Recommendation: That the Council approve a Conditional Use Permit to allow the construction and operation cf a day care center for 150 children, on property located at the northwest corner of Gene Autry Trail and Chia Road, R-1-C Zone, Section 7. (78) Planning Director highlighted the memorandum of the Director of Community Development; and stated that there were no objections voiced at the Planning Commission hearing; and the Commission approved the plan, with a buffer between the single-family residential and the parking area, and play area. Mayor pro tem declared the hearing opened. Claude Brock, 71740 San Jacinto, representing the applicant, agreed with the Commission' s recommendation; and stated his opinion that the project will be an enhancement to the City. There were no further appearances, and the hearing was closed. Resolution 16699 approving CUP, as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, Bono absent, that R16699 be adopted. Council Minutes 3-15-89 Page 2 �- 2. GPSP 5.0506 - CITY WIDE MASTER PLAN OF TRAFFIC SIGNALS Recommendation: That the Council approve an amendment to the General Plan Street Plan to provide a citywide master plan of traffic signals. Planning Director reported that this matter was reviewed at the last study session; and noted that there currently are 37 signals on Highway III and 34 on local streets; and that the master plan would be an increase of ad signals, which correlates to the projected increase in traffic. Mayor pro tem declared the hearing opened. Dr. Friedman, 3200 E. Baristo, #117, spoke in favor of (101-005) signals south of Baristo, on Highway 111, near Thrifty Drug (mid-block) , as well as on Indian Avenue, near the Plaza; and supported making the signal recently installed at Andreas and Indian operable. There were no further appearances, and the hearing was closed. Planning Director reported that neither signal suggested by Dr. Friedman is included; that the Council has discussed the signal at the Marquis and the Plaza, and is aware of the implications; and that the signal at Andreas and Indian will be activated when the intersection is ready. Traffic Engineer reported that CalTrans would have to determine if a signal mid-block south of Baristo would meet warrants, but it is closer to the signal at Baristo than CalTrans normally approves; and that he was not aware of serious accidents at that location. City Manager noted previous discussion regarding the Marquis and the Plaza, and if the signal is installed and paid for by private funds, as was the case of the mid-block signals on Palm Canyon, there is no objection to it. Resolution 16700 approving amendment, as recommended, was presented; after which, it was moved by Foster, seconded by Broich, and unanimously carried, Bono absent, that R16700 be adopted, 3. HSPB 23 - COMMUNITY CHURCH Recommendation: That the Council designate the Community Church at 284 S. Cahuilla Road at Baristo Road, as an historic site. Planner Patenaude reviewed the memorandum of the Director of Community Development, and reported that the site is (76-001) listed on the Historic Site Preservation Board ' s priority list, and became aware that the Church was considering selling the site, and considered that it is an important site, and should be designated now; that the building is a long-standing structure, unique in design, good in workmanship, and gives stability to the neighborhood; that the designation would not stop the normal maintenance of the property; and that the HSPB is willing to work toward adaptive reuse of the site if it no longer is used as a church. 30 Council Minutes 3-15-89 Page 3 3. HSPB 23 (Continued) Mayor pro tem declared the hearing opened. Janice Lyle, Chairman of the HSPB, stated that the site is unique because of its architectural style, the quality of the materials used, and that with only minor modifica- tions, it is representative of the style as built, and important because of its part in local religious life; and that the HSP13 strongly supports the Class I designation. Ray Hutchison, representing the Community Church of Palm Springs, read a prepared statement, a copy of which is on file with the City Clerk, concerning the Church' s options in addressing its budget needs; and requesting a six-month delay in which they would work with City staff to resolve the matter to everyone' s benefit. Bob Whi'tehorne, Orchid Tree Hotel , also supported a delay, in order to give the Church time to determine what it wants to do. He stated that the hotel was interested in acquiring the site., but it was not clear what the Church wanted to do, or what would be allowed in terms of any aesthetic changes or improvements. Mr. Hutchison stated that perhaps the City, or the Church, may want to ask for a lesser designation, in order to allow greater flexibility, and that is what they want to explore. Planner Patenaude stated that the HSPB thinks the designa- tion would be best established at this time, so it would be clear as to the future of the property; that whatever was done would have to be consistent and in keeping with the integrity of the site; that the Class I designation is the only designation which gives protection to the building, and mandates Council approval before any exterior changes may be made. In answer to question by Council , he stated that studies show that the designation tends to add value to the site and surrounding properties. There were no further appearances, and the hearing was closed. Councilmember Apfelbaum stated that she appreciated the apprehension expressed, however the designation is not onerous, and the site is one of the most historic in the community, and should be preserved. Res 16701 designating the Historic Site, as recommended, was presented; after which, it was moved by Foster, seconded by Neel , and unanimously carried, Bono absent, that R16701 be adopted. PUBLIC COMMENTS: a) George Goldberg stated that he has been served again in Superior Court; that he legally owns and maintains his home and vehicle, and challenged why the City does not pursue RV and boat owners who are in violation of the City' s "unconstitutional " ordinance; that he considers the effort a waste of money; and expressed views he has previously made about department heads, and travel and meal expenses. Council Minutes ,, 3-15-89 Page 4 b) Arishka Fairchild, 221 Merito Place, requested that the Council consider some other means of establishing the Grand Prix route than making a cut in the Tahquitz Way island at Sunrise Way, which she considers to be the gateway to ,he downtown. Councilmember Apfelbaum requested that the subject be placed on a study session agenda. LEGISLATIVE ACTION: 4. WARNER CABLE FRANCHISE AGREEMENT AMENDMENT Recommendation: That the Council approve Amendment No 1 to Cable Television Franchise Agreement #r2535 with Warner Cable Communications, Inc. Assistant City Manager highlighted his report, which was reviewed in detail at the last study session, describing (89-003) the amendments to Section 5.3 and revised Exhibit C. Res 16702 approving amendment, as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, Bono absent, that R16702 be adopted. 5. ORDINANCE:S FOR SECOND READING (Intro 3-1-89) City Clerk read title of the following ordinances: Ord 1328 re Z/C for property located at the NW corner of Tachevah Dr. and Farrell Dr. - City of Palm Springs, (149-008) Regional Airport. and Ord 1329 re establishing a Convention Center Commission. (60-025 ) after which, it was moved by Broich, seconded by Foster, and unanimously carried, Bono absent, that further reading be waived, and that Ordinances 1328 and 1329 be adopted. 6. SUMMER NIGHTS FESTIVAL Recommendation: That the Council approve funding for Phase I of the Summer Nights Festival to determine if there is enough sponsorship to proceed; to put together entertainment package for series of concerts; and to sanction the event. City Manager stated that discussion at the study session (50) indicated a possibility of continuing this matter, however, he requested that the issues be clarified, and noted that staff would not be able to determine the availability of the O'Donnell Golf Course site by the next study session. Council Minutes 3-15-89 Page 5 Director of Community Promotion & Services reported that the event would be City sponsored, and not an event produced by Sun Press; that it would be during the "pit" of the summer to boost business; that the proposed City investment of $50,000 covers Phase I , which includes soliciting for sponsors, and booking the talent; that the hoteliers are interested in Phase II , which is when they would pay for advertising - where in Phase I there is nothing to advertise; that Phase I would be completed by June 9; that a decision by the O' Donnell Golf Course Board is not expected to happen in one week; that the Angel Stadium is an alternative site, and the recommendation could be approved contingent upon a favorable decision by O'Donnell ; and that the event is more than just "fun and games" - it is an effort to bring thousands of people to the downtown at a time when visitors are needed the most. Councilman Foster stated that a move to Angel Stadium would defeat the purpose of the event - getting people downtown and circulating; that he favors committing $25,000 to Phase I , based on hoteliers and others committing the same amount, and O' Donnell committing to use of the course; that he did not think the City should commit $50,000 to get a commitment from the entertainers, and then not have O'Donnell agree; and that he wants that commitment from O'Donnell in hand first. Councilmember Broich stated that he did not think the event should be locked to the O'Donnell commitment alone; that the event is a good way to bring people to town during the midsummer, and to fill hotel rooms for four nights; that the event should not be limited to location; that there are other large open areas which would also be suit- able for staging the event. Councilmember Apfelbaum stated that the focus in on down- town, and if the event moves away from there, that focus will be lost. Councilmember Broich noted that the proposal calls for an admission ticket, and the only way a person will be able to pick up a. ticket will be from a local hotel , or downtown merchant. Councilmember Neel stated that the parking would be better at the Desert Fashion Plaza, than at some other locations. Councilmember Foster stated that he would be agreeable to consider another location that is comparable to O'Donnell ; however, he was concerned that if the location is not tied down within two weeks, the plans for the program may not be able to proceed. It was moved by Foster, seconded by Neel , and unanimously carried, Bono absent, that the Council commits to $25,000 for Phase I , subject to a bike commitment from private industry, and a definite commitment from O'Donnell Golf Course prior to expenditure of the funds. City Manager suggested that the meeting be adjourned to the next study session, and that staff would report on what progress has been made. Councilmember Apfelbaum stated that she is not convinced about the "free" aspect of the project, and would like more discussion on that. Council Minutes 3-15-89 Page 6 7. CONSULTING SERVICES - M THIS & ASSOCIATES Recommendation: That the Council authorize contract with Mathis & Associates and amend the budget to appropriate additional funds - Agr 2679. City Manager stated that this matter had been discussed at the last study session, and no further report was given. MO 4326 authorizing contract (Alternate 2) for $24,193; and Resolution 16703 amending the budget ($6,500) , were presented; after which, it was moved by Broich, seconded by Foster, and unanimously carried, that MO 4326 and R16703 (110) be adopted. & 61 B. ADDITIONAL LEGISLATIVE ACTION: Norse CONSENT AGENDA: 9. Res 16704 approving FPM 23769 for property located west of Prescott Drive and north of Mountain View Place, Section 10. (119) 10. MO 4327 awarding bid for furnishing library tables and chairs for the library from Highsmith Co. Inc. , Fort Atkinson, (99) Wisconsin, for $11,953.60. 11. Res 16705 approving agreement, and Res 16706, dedicating use of City owned tax deeded parcel on Racquet Club Road for Housing (124) Construction Program via PSUSD (SEE CRA Item this date) - A2680, same as CRA A204. 12. Res 16707, 16708 and 16709 approving Payroll Warrants and Claims and Demands. (86) 13. Res 16710 accepting Grant Offer from the FAA for airport plan- ning, AIP 3-06-0181-11, for $296,100 - Agr #2681. (51) 14. MO 4328 approving a contract with Terra Nova Planning and Research, Inc. for $22,945, for the preparation of an environ- mental assessment and General Plan Amendment Study for property located at the southeast corner of Sunrise Way and Vista Chino - Agr #2682. 15. Res 16711 approving a one-year time extension for TTM 16495 and Cs. 5.0308-PD 155, for property located on S. PE'Am Canyon (137) Drive, between Cahuilla Hills Drive/Murray Canyon Drive, C.G. Dunham, R-2/0-20 Zones (IL) , Section 34. 16. Res 16712 approving a 12-month time extension for a map TTM 21912 for a 192 condominium unit project on the west side of (137) Sunrise Way, north of Racquet Club Road - D. Martin. 17. Res 16713 awarding a contract for overflow plan check services to Esgil Corporation, and authorizing staff to provide 15-day (112) written notice of termination of contract for similar services with Willdan Associates - Ayr #2683. 2r Council Minutes 3-15-89 Page 7 18. Res 16714 Making appointments, including agreement for- special legal counsel with Brown & Diven; Res 16715 making findings (56) on petition, and Res 16716 adopting boundary map, relative to Assessment District 157 for street improvements in an area south of Ramon Road, between Desert Way and E1 Placer - Agr #2684. 19. Res 16717 approving a 12-month time extension for PD1.98 for property located on North Palm Canyon Drive between Tram Way/San (116) Marco, R-3 Zone, Section 3 _ Quality Centers. 20. Res 16718 approving a 12-month time extension For final develop- (116) ment plans for Planned Development District 191, subject to all previous conditions of approval . 21. MO 4329 approving contract with Chon Vinson, for graphic design services at $13.46 per hour - Agr #2585. (50) 22. Res 16719 authorizing closure of portion of Cahuilla Road, between Alejo and Chino Drive, on Plarch 19, 1989, from 7 a.m. (136) to 5 p.m. , for a fund-raising carnival to be conducted by the Temple Isaiah. 23. MO 4330 amending contract with Warren Bradshaw for Economic Development services to increase amount to $15,000, A2652. ( ) 24. MO 4331 approving agreement with Springs Ambulance to house paramedic unit at Station 3 - Agr #2686. (117) It was moved by Foster, seconded by Neel , and unanimously carried, Bono absent, that R16704 through R16719 and MO 4327 through MO 4331 be adopted. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Invocations at Council Meeting: Councilman Foster stated that he spoke with the Chairman of the Ministerial Association, who offered to make certain that a member of the Association would be present (70) at Council meetings to open the meeting with an invocation, if the Council wished) to resume the practice; and requested that the subject to reviewed at a study session, . PUBLIC reports or requests a) Following comments by Bill Byrne, 301 Overlook, concern- ing the development of a film honoring former film star Louis Hayward, who was a longtime local resident, the Council referred Mr. Byrne to the Director of Community Services & Promotions. b) Dr. Friedman, 3200 E. Baristo, requested that the Council review its policy on trimming palm trees, and restated views he has expressed on this subject. STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned to Tuesday, March 21, 1989, at 2 p.m. , in the Large Conference Room, City Hall . JUDITH SUMICH City Clerk