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HomeMy WebLinkAbout11/1/1989 - MINUTES CITY OF PALM SPRINGS 4 2 8 CITY COUNCIL MINUTES NOVEMBER 1, 1989 A Regular Meeting of the City Council was called to order by Mayor Bono in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, November 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 invocation by Reverend John Griffin, Palm Springs United Methodist Church. REPORT OF POSTING OF AGENDA: Report of Assistant City Clerk: Agenda posted in accordance with Council policy on October 27, 1989. PRESENTATION OF AWARDS TO FORMER COMMISSIONER: Dr. Richard Skelsky, Parks and Recreation Commission, 1984 - 1989. 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 October 10, 1989 be approved. PUBLIC HEARINGS: 1. AA 3.0223 (CHEROSKE) - HAROLD MATZNER APPEAL On October 18, 1989, the Council approved an additional two week continuance of appeal by Harold Matzner from Planning Commission approval of an addition, patio remodeling and (III- repainting at 575 Patencio Road. Planning Director reported 001) at the study session that he had received written request for a two week continuance. It was moved by Broich, seconded by Apfelbaum, and unanimously carried, that the hearing be continued to November 15, 1989. 2. PD 205 - BENCO DEVELOPMENT Recommendation: That the Council approve a planned development district to allow a retail center, including a Fast-food, drive-through restaurant, on the NW corner of Sunrise and (116- Tahquitz Way, Section 14. Planning Director reviewed the staff report given in detail at the study session, and added that the Planning Commission vote resulted in a tie, due to the request for a drive-through restaurant; that two additional letters were received supporting the project; that the architecture was approved by the Planning Commission; that a condition could be added that the driveways of the project which face Sunrise, be aligned to existing driveways; and that the scenic view from Tahquitz be landscaped. Mayor declared the hearing opened. 429 Co'uncil Minutes 11-1-89, Page 2 2. PD 205 - BENCO DEVELOPMENT (cont) Chris Mills, 121 South Palm Canyon, architect of project, stated the exterior of the project will have marble columns and facia, that there is one awning at the front entrance and that the intent of the architecture is to get away from stucco, and create an upscale project; that the drive through entrance was moved as far away from Tahquitz as possible; that other entries were considered, but the access would be too difficult; that the drive-through will] be screened by landscaping, in order to eliminate any visual impact from Sunrise Way; and lie requested that approval of the recommended resolution be approved, with item 7 (referring to the drive-through) deleted. Greg Stewert, 6700 Pacific Coast Highway, Long Beach, representing Benco, stated that the company has built five similar sized project, four of which are very successful ; that these type of projects attract larger stores, but prove to be successful in their own right; that normal foot traffic is 3,000 to 5,000 visits per day; that studies shows that such projects require a 30% ratio of fast food to be successful ; that financing is difficult to obtain; and most banks require credit tenancy for financing; that once the ground lease is obtained, other tenants are attracted; that Taco Bell and McDonalds have both indicated an interest; that the "Social Economic Rating" for the area is 65, which is not a good rating; and that the ratting was obtained from the Donalley Company one of the most reliable in the country. Ernest Noia, 429 E. Tahquitz, attorney for Winifred Patencio Preckwinkle, property owner, stated that the drive-through is located on Sunrise Way and not on Tahquitz; that the drive-through was an issue with the Tribal Council , but that it was resolved with proper screening; that the project needs a drive-through to be successful ; and that the Council must also approve final plans. There being no further appearances, Mayor declared the hearing closed. Councilmember Foster overviewed the history of the development of Section 14 resulting in the current C'-1-AA zone; which was a for the highest class resort-type use, with no parking lots, markets or similar uses; that a drive-though breaks down this desire; that this is an important parcel on Sunrise Way that will set a precedent for other parcels and cle-value the land; that it is close to the Iligh School , and will attract students during the lunch time; and that it would be a mistake to change the development pattern. Council Minutes � ,�n 11-1-89, Page 3 2. PD 205 - BENCO DEVELOPMENT (Cont) Councilmember Apfelbaum stated that. the Social Economic report rating was questionable; LhaL the SouLh Coast Air Quality Board is considering a total ban on drive-throughs; that the combination of all the drive-throughs on the impact of air quality is staggering; and that the subject of drive-throughs should be addressed on a regional level . It was moved by Foster, seconded by Apfelbaum, and failed by the following vote that the recommended resolution be approved. AYES: Apfelbaum and Foster NOES: Broich, Neel and Mayor Bono ABSENT: None It was moved by Broich, seconded by Neel , and carried by the following vote, that Resolution 16936 be approved, as presented, with the condition that the drive-through be approved and the driveways align on Sunrise Way. AYES: Councilmembers Broich, Neel and Mayor Bono NOES: Councilmembers Apfelbaum and Foster ABSENT: None PUBLIC COMMENTS: a) Donald Robbins, 2636 N. Indian Avenue, stated that he is disabled, but has worked for the past seven years as a Palm Springs volunteer police officer, citing handicap parking violators; and requested that part of the fine revenue be used to Fund a Christmas tree for the front yard of City Hall . b) George Goldberg, no address given, stated that the RV Ordinance needed to be revised; that there are city employees who have building code violations, and questioned if they were cited; and that he was fined for the RV Ordinance violation, but that he will continue to fight in court. c) Lou Hill , 819 Opunta Road, stated that she was a resident of the proposed Assessment District 159, and represented eight homeowners; that her home is 17 years old; that she will lose her front yard by the widening of the cul-de-sac diameter of the turnout; that waste management and the Fire Department told her their vehicles can negotiate within a smaller diameter; and that the gate at the end of the cul-de-sac should be changed to a sliding gate. d) Sally Sonja, 1430 Fiesta, stated that she was not representing other owners of the proposed assessment district; that she had measured other cul-de-sacs in Palm Springs, and could not find one less than seventy feet in diameter; that she had contacted waste management and the fire department and was told that the seventy feet is vehicle maneuverable; that the gate at the end of the cul-de-sac is acceptable as an open-shut gate; and requested Council approve the resolution as it stands. e) Kim Quarry, Opunta Road, stated that she was one of the homeowners adversely affected by the cul-de-sac, but that Mrs. Hill did not represent her. Council Minutes 1 11-1-89, Page 4 LEGISLATIVE ACTION: 3. TM 21885 - PHASE 11-4, MINOR AMENDMENT Recommendation: That the Council approve a minor amendment (137) to Phase 11-4, Tract Map 21885, to accommodate a one-unit reduction, and a minor realignment of the roadway, 12 acres of the Cathedral Canyon Country Club, Falcon Lakes. Director of Community Development highlighted the staff report given in detail at the last study session, and no further report was given. Resolution 16937 was presented as recommended, after which; it was moved by Foster, seconded by Apfelbaum and unanimously carried, that R16937 be adopted. 4. AIRPORT - APCOA PAY PARKING LOT Recommendation: That the Council authorize a period of up to 60 days in which to negotiate with APCOA, Inc. , for a new agreement for the management of the Airport pay-parking lot. (051- 032) Director of Aviation reviewed the staff report given in detail at the last study session and added that a great deal of time was spent looking at the bidding process; that the Airport Commission supports the existing operator of the parking lot; that the operator does a great job; that delays in securing an operator could result in lost revenue; that the existing contract places the City in a desirable situation; that most parking lot operators are not used to Airport parking i lots, that an airport parking lot is operated differently than a street parking lot; that there are no local people that handle airport lots; that the bidding process has not started, but that he had received inquiries from as far away as Ohio; that the bidding process is time consuming; and that by allowing sixty additional days a favorable contract should be worked out with the current operator. Councilmember Neel stated that the contract should go to bid. Councilmember Foster stated that if the City does not have someone who is familiar with Airport parking lots, it, could result in a loss of revenue and cause parking confusion; and that if at the end of sixty days, a contract is not reached, the bidding process could start. Councilmember Broich concurred with Mr. Neel ; and that more money should be made in the Enterprise Funds;, and that through the bidding process the City is assured of the best profit. Motion presented by Neel to continue the item to the next regular scheduled meeting, seconded by Broich, and unanimously carried that the item be continued. Council Minutes 11-1-89, Page 5 2 5. A.D. 159 - THROUGH STREETS TO CUL-DE-SACS Recommendation: That the Council determine sufficiency of petition and make findings concerning request to install (056- cul-de-sacs to close through traffic from Chuckwalla Road to Opuntia Road, Vaquero Road, Rodeo Road, and Fiesta Road. Director of Community Development reviewed the staff report given at the last study session; that the cul-de-sac diameter should not be reduced to less than seventy feet; that it only means the taking of five feet from the property owners; that eight-five percent of the homeowners support the el fort; and that the item will come before Council again in the form of a protest hearing. Resolution 16938 as recommended was presented, after which; it was moved by Broich, seconded by Foster, and unanimously carried, that R16938 be approved. 6. COMPUTER - N. I.G.P. PURCHASING MANAGEMENT SYSTEM IMPLEMENTATION Recommendation: That the Council approve two addenda to Agr 2319 with CMSI to provide assistance in fully implementing and maintaining the N. I.G.P. purchasing management system. (117- 006) Director of Finance highlighted the staff report given at the last study session, and no further report was given. Minute Order 4467 approving addenda to A2319 and Resolution 16939 amending the budget as recommended was presented, after which; it was moved by Apfelbaum, seconded by Broich, and unanimously carried, that M04467 and R16939 be adopted. CONSENT AGENDA: 7. MO 4468 approving supplement No. 2 to Agr 686 with Sinatra/Schwartz, granting two five-year extensions, rental adjustments, partial ramp maintenance, and 30-day recapture (051- provision. 037) 8. MO (removed) approving C01 to Agr 2664 with Wessman Construction (085- Associates, for carports at Sunrise Village Mobile Home Park, 001) for an increase of $8,376.68. 9. MO 4469 awarding bid for additional sampling and testing groundwater investigation and report concerning the former (117- dump site to Geo-Sec-Inc. , and purchase order change order 033) thereto, for a total cost of $5,673.75; and Res 16940 amending the budget to appropriate $6,000 therefore. 10. MO 4470 approving agreement (Primary Service Agreement and (117- Amendment) with Gandalf Data, Inc. , for 8 months of maintenance 006) for the Gandalf data communications system, for a total of $16,350.88 - Agr #2786; and Res 16941 amending the budget to provide an additional $3,665. 11. MO 4471 authorizing contract with Auto-Graphics, Inc. , to (099- complete the assembly of the Library' s electronic bibliographic 001) database, for an amount not to exceed $15,000. A2788. 12. MO 4472 ratifying City Manager' s authorization for emergency (092- removal of thatch and debris from the Municipal Golf Course 004) by H.D. Emery for $9,630.25. 433 Council Minutes 11-1-89, Page 6 CONSENT AGENDA (Cont) 13. Res 16942 consenting to sale of co-ownership interests in a 1;.7- leasehold which is the subject of a sublease between Voss 3J) Investment Properties and the City, under Master Lease PS-315 (NE corner Tahquitz and Avenida Caballeros). 14. Res 16943 authorizing destruction of specified Finance Department (151- records. 001) 15. MO 4473 awarding bid for pruning approximately 1,500 linear (092- feet of Tamarisk trees at the Municipal Golf Course to Palm 004) Springs Tree Service, for $7,500. 16. MO 4474 awarding contract to Allred & Kyser for annual (136- miscellaneous street repairs, including handicap ramps, cross 041) gutters, drainage, sidewalk and street repairs„ for $169,445.25, CP88-20, Agr #2787. 17. MO 4475 approving purchase of a mini pickup truck from Marshall (084- Motors, for $8,718.09. 006) 18. MO 4476 approving purchase of a truck with aerial device from (084- West Coast Utility Equipment Company, for $79,948.49. 006) 19. MO 4477 awarding bid for oleander hedgerow trimming to Speciality (084- Mowing Service for $9,700.21. 006) 20. MO 4478 approving Change Order No. 1 to Purchase Order 99569 (051- to Quick Crete Products, for 4 planters and 10 trash containers 039) at the Airport, for an increase of $5,446.41. 21. Res 16944 and 16945 approving Payroll Warrants and Claims & (086- Demands. 007) 22. Motion concurring in CRA actions to date, Ries 638 - 658; and Res 16946 and 16947 authorizing loan to the Agency from the Sewer Fund, and amending the budget to appropriate the funds (see CRA Item b). It was moved by 8roich, seconded by Apfelbaum, and unanimously carried, that Resolutions 16941 through 16947 and Minute Orders 4468 through 4478 be adopted. ADDED STARTERS: (Eligibility for Consideration determined upon unanimous approval , at the study session) 23. CALIFORNIA DESERT PROTECTION ACT Councilmember Apfelbaum stated that the Act proposes the protection, preservation, and recreational use of significant (098- examples of California' s unique scenic, historic, 001) archaeological ; ecological , wildlife, and recreational resources; that public lands are facing increasing threats due to encroaching urbanization, conflicting federal management policies and programs, mining activities., hazardous waste sites, and off-road vehicle travel ; that have increased pressures on existing recreation areas has created a demand for additional recreational opportunities; that the creation of three new National Parks, Hojave, Death Valley, and Joshua Tree, will enhance recreational opportunities, and tourism revenues, while relieving pressures from our overcrowded Council Minutes 11-1-89, Page 7 23. CALIFORNIA DESERT PROTECTION ACT (Cont) National Park system; that the designation of the Indian Canyons National Historic Site on the southern boundary of the City will have a direct positive economic and recreational benefit to the City; that four other valley cities have approved the Act; that the boundaries will not affect the consideration of the University of California proposed location; and that with approval will enhance consideration of the High speed train through the valley. Resolution 16948 as recommended was presented, after which; it was moved by Apfelbaum, seconded by Broich, and unanimously carried, that R16984 be approved. COMMISSION APPOINTMENTS - None REPORTS & REQUESTS: CITY COUNCIL reports or requests - None PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor declared 'the meeting adjourned to Closed Session pursuant to Government Code Section 54956(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party; subsequently to adjourn to November 10, 1989 at 2 p.m. in the Large Conference Room, City Hall . JUDITH SUMICH Citt - lerk By: PATRICIA SANDERS Assistant City Clerk