HomeMy WebLinkAbout1992 - MINUTES - 9/16/1992 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
SEPTEMBER 16, 1992
A Regular Meeting of the City Council , of the City of Palm 'Springs,
California, was called to order by Mayor Maryanov -in the Council
Chamber, 3200 Tahquitz Canyon Way, on Wednesday, September 16,
1992, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Hodges, Lyons, Reller,
Schlendorf, and Mayor Maryanov
Absent: None
The meeting was opened with the salute to the Flag and an invocation
by Rabbi Joseph Hurwitz, Temple Isaiah
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with
Council procedures on September 11, 1992.
COMMUNITY REDEVELOPMENT AGENCY: No Business
HOUSING AUTHORITY, FINANCING AUTHORITY, IDA - No Business
PUBLIC HEARINGS:
1. TRACT 27388 - 'TENTATIVE MAP - CVHC
Recommendation: That the Council approve an amended tenta-
tive tract map to delete a portion of Garnet Road between
Mica Drive and the outer loop street and reconfigure several
lots for property on the west side of Sunrise Way, north
of San Rafael Drive, for the Coachella Valley Housing
Coalition, Section 35.
City Manager recommended that the hearing he opened, and
then continued for completion of documents necessary to
be executed with the Coalition.
Mayor declared the hearing opened.
Gary Boise, CVHC, stated that he was not aware of any
incomplete documents related to the tract map; and that
the Planning Commission unanimously approved the map;
and that they have experienced numerous delays, and would
like to move forward.
City Attorney reported that a Disposition & Development
Agreement (DDA) was sent to CVHC, and it is his understand-
ing that it has not been returned to the City; that he
understood there may be some financing issues needed more
assistance, and those may need revision; that the previous
tentative map has not been finalized, nor recorded, and
before proceeding with recordation, he recommended that
the documentation be finalized.
Bob Mainiero, engineer for the project, asked if the map
could be approved subject to providing the necessary docu-
ments, and noted that the application is not for a final
approval , only a tentative map of an already existing
tract.
It was moved by Schlendorf, seconded by Lyons, and unani-
mously carried, that the hearing be continued to September
22, to allow time to complete the paperwork.
Council Minutes 0 3 7
9-16-92 Page 2
2. ZTA 5.0400 - OFFICES IN CDD ZONE
On September 2, 1992, the Council introduced ordinance
concerning neon signs, and continued matter related to
offices on street level in limited areas of the CBD.
Assistant Planning Director reported that this is the
last in a series of amendments looking toward providing
incentives for business and property owners in the City;
that the downtown merchants and the staff recommend Option A
which allows offices in the downtown area without a
conditional use permit, except within the four-block area
fronting Palm Canyon Drive, from Baristo to Amado, which
was thought to be the most important retail area and there
needed to be a continuation of a retail flow throughout
that area, and the vacancy factor is the lowest in that
area. He stated that Option B was recommended by the
Planning Commission which it felt was a simpler introduction
of the use, in that it would allow offices under 5,000
square feet on the street level by right-of-zone, anything
larger by land use permit, and medical , dental offices
and financial institutions by conditional use permit,
and there would not be an "Historic Village Area" (HVA)
designation.
In response to question by Council , Assistant Planning
Director reported that the medical and dental offices
were thought to generate a high in-and-out patron traffic,
which would require a greater amount of parking, and would
not bring the numbers of people to the downtown as other
types of offices.
Councilmember Reller stated that the object was to bring
people downtown, and if medical and dental office patrons
shop for other items in the area, that would begin to
achieve the purpose.
Mayor declared the hearing opened.
Dee Dee Stone, 142 Eastlake, agreed with Councilmember
Reller, and urged that the Council proceed.
There were no other appearances, and the hearing was closed.
In answer to question by Council , Assistant Planning
Director reported that as a result of recent parking
standard changes, any use may re-occupy an existing building
and not have to provide any more parking than what was
previously provided for the building.
Councilmember Schlendorf stated that the Council has been
working towards alleviating parking shortages, however,
she has not seen any instances were there has not been
enough parking in recent times, i .e. , the Desert Fashion
Plaza subterranean parking area, and recommended that
the exception to medical and dental offices either by
right-of-zone or by land use permit in Option A be elimi-
nated and the uses be allowed as other offices.
Mayor stated that there seems to be many offices already
conveniently grouped together, particularly, near the
Hospital .
Council Minutes
9-16-92 Page 3
2. ZTA 5.0400 - OFFICES IN CBD (Continued)
Ordinance title read by City Clerk, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING ORDINANCE IN REGARD TO OFFICE USES
IN TI4E DOWNTOWN.
Following discussion, it was moved by Schleindorf, seconded
by Hodges, and unanimously carried, that the draft ordinance
be amended to allow medical and dental offices by right-of-
zone, and under land use permit, under the circumstances
noted the staff report, particularly as follows, and that
same be introduced for first reading:
Right-of-Zone: Of any size on the second floor, in
the HVC; and up to 5,000 square feet on the street
level in remainder of the CBD, with any size on the
second floor.
Land Use Permit: Up to 2,500 square feet: on the street
level in the HVC, and any size on the street level
in the remainder of the CBD.
Conditional Use Permit: Any office in excess of 2,500
square feet on the street level in the HVC.
3. CONFLICT OF INTEREST CODE - UPDATED DEPT. PLANNING & ZONING
Recommendation: That the Council approve an amended and
restated Conflict of Interest Code For the Department
of Planning & Zoning, pursuant to recent State Law amend-
ments mandating biennial reviews in even years. City
Manager noted that the changes reflect organizational
changes.
Mayor declared the hearing opened; there were no appear-
ances, and the hearing was closed.
Minute Order 5077 as recommended, was presented; after
which, it was moved by Hodges, seconded by Reller, and
unanimously carried,, that MO 5077 be adopted.
PUBLIC COMMENTS:
a) The following persons spoke concerning matters other
than those listed on the agenda:
Wayne Williams„ 331 S. Sunrise, thanked Fire Chief
for getting the area behind Alpha Beta cleaned up;
and he, and Ms. Wendy Florintine, 331 S. Sunrise,
commented regarding the closing the former Camelot
Theater for mall parking, and suggested) that the City
acquire the property for utilization by the School
District for student training in theater and production
arts. Mayor noted that the City its as equally
financially burdened as the School District, and that
the Mall has plans for expansion which will necessitate
additional parking.
Al Bayless, 2121 E. Amado Road, President of the P.S.
Fire Safety Association, commended the the speed with
which two off-duty firemen who live in Palm Springs
were able to respond to an emergency in their neighbor-
hood, preventing a potential loss of life, and stated
that at the current salary levels, entry-level fire-
fighters cannot purchase homes in Palm Springs; that
the City' s financial situation is due in part to the
State Legislature, the economy, and poor decisions
by prior Councils; and that he considered it unfair
to ask employees to give $2,000 each to resolve the
deficit.
0131 d',
Council Minutes
9-16-92 Page 4
Public Comments, continued
Linda Cooper Lee, no address given, addressed compli-
ments to an unnamed man for bringing matters about
the city to the public's attention, and for helping
her whenever he was called upon to do so.
Barbara Whitney, 1049 Marion, Friends of the Environ-
ment, asked that the Council adopt a resolution to
add the Council 's support in securing the addition
of the Big Horn Sheep to the Endangered Species Act.
Mayor asked the City Manager to followup.
LEGISLATIVE ACTION:
4. PUBLIC ART - BIRD CORPORATION HEADQUARTERS SITE
Recommendation: That the Council approve an agreement
with Bird Medical Technologies Inc. , for the City purchase
of a sculpture to be placed in the front of the new Bird
Headquarters building on Gene Autry Trail , for $50,000
- A3149. City Manager noted that this matter was reviewed
in detail at the last study session.
Assistant Librarian reported that the proposed sculpture
was approved by the Bird Corporation, and recommended
by the Public Arts Commission; and that it is funded through (117-
Bird Corporation's payment of the public art fee. 037)
Councilmember Lyons stated that he supported the action,
and would like the issue of the 1% public art fee discussed,
in that he felt it was a questionable conflict between
the City's attempt to lure development, and then to collect
fees from the developer to erect art, which it might not
have otherwise done.
Minute Order 5078 as recommended, was presented; after
which, it was moved by Hodges, seconded by Schlendorf,
and unanimously carried, that MO 5078 be adopted.
5. PSUSD - JOINT USE OF FACILITIES
Recommendation: That the Council approve an agreement
with the P.S. Unified School District for joint use of
facilities, through 8-31-95 - A3150. City Manager high- (126-
lighted the recommendation, and noted that the prior agree- 005)
ment (A2347) expired August, 1989.
Resolution 17947 as recommended, was presented; after
which, it was moved by Reller, seconded by Lyons, and
unanimously carried, that R17947 be adopted.
6. DBID - 1992-93 LEVY
Recommendation: That the Council approve the Annual Report
of the DBID; consider requesting its budget include $10,000
service fee to offset City accounting costs; and adopt
Resolution of Intention for 92-93 levy and set hearing (133-
for October 7, 1992. 004)
City Manager highlighted the memorandum of the Director
of Finance.
F7. 1
Council Minutes
9-16-92 Page 5
6. DBID Continued)
In answer to question by Council whether the DBID was
aware of the request to include the $10,000, City Manager
reported that the amount was included in the City's revenue
projections for the 1992-93 budget, however, the DBID
omitted it from its budget. The Audit (Manager stated
that the DBID was informed and subsequently met and
discussed the issue, however, adopted its budget without
the amount included. Mayor also noted that the Chamber
was present at the Council 's budget study sessions when
the matter was discussed by the Council . City Manager
stated that perhaps something more formal might have been
documented in the way of the notification.
In answer to question regarding season lights, Audit Manager
stated that there are no funds for new purchases; that
the budget includes funds to repay a portion of the debt
to the City for prior purchases, as well as funds to erect
the lights this ,year; that the agreement for repayment
of the debt was that the DBID would make the payments
over a three year period, and the first payment was made
this past year, is included for the coming year, and will
be required in the following year.
City Manager was asked to verify whether there were any
other loans to the DBID, and if they have been repaid.
Following discussion, Resolution 17948 declaring intent
to levy 92-93 assessments, and setting hearing for October
7, was presented; after which, it was moved by Reller,
seconded by Hodges, and unanimously carried, that R17948
be adopted; and that consideration of the annual report
and additional $10,000 request be continued to September
22, pending clarification of outstanding loans.
7. DECORATIVE PEDESTRIAN LIGHT INSTALLATION - CP92-29
Recommendation: That the Council award contract to DBX,
Inc. for installation of decorative pedestrian lights
on Palm Canyon, for $42,700, CP92-29 - A3021. City Manager
highlighted the memorandum of Director of Public Works.
Councilmember Hodges stated that she did not expect to
have any change orders on this project, and would like
the contract signed that there will not be any.
Director of Public Works reported that the change order (092)
will be signed simultaneously with the contract, which
will guarantee the unit price up to a maximum of 70 units,
and that future change orders would only be to authorize
any additional units over the original 44 contained) in
the contract, and that if more than 70 units were purchased,
the unit price would be subject to renegotiation; and
that additional units would be purchased -in minimum lots
of four.
Minute Order 5079 as recommended, was presented; after
which, it was moved by Hodges, seconded by Lyons, and
unanimously carried, that MO 5079 be adopted.
Councilmember Schlendorf stated that it may be difficult
for the community to understand how the Council can be
spending money for street lighting, when it is facing
a budget deficit, and people need to understand that these
funds are restricted and cannot be used for salaries or
other general operating services.
Council Minutes
9-16-92 Page 6
8. MUNICIPAL CODE AMENDMENT - VISITOR & PROMOTION BOARD
On September 2, 1992, the Council introduced ordinance
for first reading to substitute a Councilmember as a desig-
nated member of the Visitor & Promotion Board with a repre-
sentative of the condominium vacation rental properties.
Mayor recommended that the new category be broadened to
reflect a representative from the real estate industry.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, (060-
AMENDING SECTION 2.23.020 OF THE PALM SPRINGS MUNICIPAL 024)
CODE, CONCERNING MEMBERSHIP CATEGORIES OF THE VISITOR
& PROMOTION BOARD.
after which, it was moved by Lyons, seconded by Schlendorf,
and carried by the following vote, that the ordinance
be amended to reflect a representative from the real estate
industry rather than a representative of vacation
condominium rental properties; that further reading be
waived; and that the Ordinance be introduced for first
reading:
AYES: Hodges, Lyons, Reller, Schlendorf, and Maryanov
NOES: None
ABSENT: None
9. ORDINANCES FOR SECOND READING & ADOPTION (Intro. 9-2-92)
a) Neon Signs:
Councilmember Hodges stated that she felt subparagraph
f) (re: limiting use of the signs in the CBD to
entertainment, including restaurants, theaters and
nightclubs) was an unnecessary restriction, and she
would like to see it deleted, and the ordinance
reintroduced.
In answer to ,questions by Council , Assistant Planning
Director reported that the Planning Commission (103-
specifically considered this paragraph when it 039)
reconsidered the ordinance, and recommended that it
remain in the ordinance; that if f) were removed,
the Commission could not arbitrarily deny an
application, although it would still be subject to
architectural review; that the Commission had concerns
that everyone would want to use neon in the downtown.
Councilmember Hodges stated that she has faith that
the Commission will not allow the use to create a
tacky appearance, rather that signs will be well done
and sophisticated looking; that she felt the neon
medium could be very artistically applied and be an
asset to downtown; and that she did not fear that
every store will have gaudy signs.
City Attorney stated that if f) is removed the Planning
Commission could disapprove an application, but would
need to make findings, part of which would be
consideration of other sections in the standards,
i.e. , paragraph c) leaves a great deal of discretion
in that it provides that the number, location, etc.
shall be considered in judging the appropriateness
of the proposed sign, it does not direct what shall
be done after such consideration is given, and whether
10, 20 or 30 signs are enough will be a judgement
call by the Planning Commission; and that if the
provision becomes a burden, it could later be amended.
Council Minutes
9-16-92 Page 7
9. ORDINANCES SECOND READING (Continued)
Councilmember Hodges suggested that a sunset clause, or
mandatory review provision, be included that after one
year, the Planning Commission could report to the Council
and if there are no problems it could be reconsidered.
City Attorney suggested that if that is desired, the
ordinance be amended to delete f) and a new uncodified
provision be included to stipulate that the Planning
Commission will submit a report within twelve months on
the impact of the ordinance in the CBD.
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 NEON SIGNS.
It was moved by Hodges, seconded by Lyons, and carried
by the following vote, that the ordinance be amended,
as suggested by the City Attorney; that further reading
be waived; and that the Ordinance be introduced for first
reading:
AYES: Hodges, Lyons, Reller, Schlendorf & Maryanov
NOES: None
ABSENT: None
Transportation Demand Management:
City Clerk read title of Ordinance 1421, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CAL.IFORNIA,
ADDING CHAPTER 8.40 TO THE PALM SPRINGS (MUNICIPAL CODE, (103-•
TO ESTABLISH TRANSPORTATION DEMAND MANAGEMENT 001)
REQUIREMENTS FOR SPECIFIED NEW DEVELOPMENT PROJECTS.
It was moved by Lyons, seconded by Hodges, and unanimously
carried, that further reading be waived, and that Ordinance
1421 be adopted.
ADDITIONAL LEGISLATIVE ITEMS (Satisfied agenda posting requirements;
materials at meeting)
10A. AIRPORT - FEDERAL SURPLUS PROPERTY DISPOSITION
Recommendation: That the Council formally request issuance
of an Instrument of Release for all of the actions of
the City which were taken to develop the Civic Center
and operate the sewer plant on Federal surplus property
(dates back to 1949).
Director of Aviation distributed a revised resolution, (051-
and reviewed the details of the additions and corrections. 001)
City Manager noted that the purpose of the action is; to
ultimately secure a release from the Federal Government
of lands acquired after World War II, on which certain
assumptions were based and actions taken to develop the
property for civic center and sewer plant purposes, and
to separate those from the remaining lands used for Airport
purposes; that the Department of Transportation selected
Council Minutes
9-16-92 Page 8
10A. AIRPORT (Continued)
the Palm Springs Regional Airport as one of nine airports
for auditing the FAA, and concluded that the FAA erred
in providing certain kinds of assurances on which the
City had relied in developing the Airport, e.g. , leases;
that if the D.O.T. conclusion is upheld that the City
could have had to pay rent for its own facilities, the
amount would be in excess of $1 million; that he and the
Mayor will be going to Washington, D.C. to argue that
the FAA did not error, and that if the use of the property
has served a public purpose, and the assurances were
correctly relied upon; that a General Obligation bond
was issued in the 1960s to acquire lands then owned by,
and leased from, Indian Allottees, to develop the Airport.
Resolution 17949, as recommended, was presented; after
which, it was moved by Lyons, seconded by Reller, and
unanimously carried, that R17949 be adopted.
CONSENT AGENDA:
11. Res 17950 amending policy relative to restricting street work (114-
on major and secondary thoroughfares, to allow exceptions 004)
granted by the Director of Public Works, subject to appeal
to the City Council .
12. Res 17951 approving MOU with the P.S. Police Management Associa- (110-
tion, ending 6-30-93. 013)
13. MO 5080 approving Agreement with Lerch, Bates & Associates, (051-
Inc. , for consulting services for elevator modernization at 039)
the Airport Terminal - A3151.
14. MO 5081 awarding contract to M. Kassinger Construction, Inc. , (117-
for remodeling of the Council Chamber restrooms to meet A.D.A. 005)
handicap standards, for $22,888, CP92-22 - A3152.
15. Res 17952 authorizing Police Chief and Finance Director to (113-
establish procedures concerning display money for undercover 001)
narcotics and drug transactions.
16. Res 17953 amending Comprehensive Fee Schedule to delete certain (114-
bails related to parking citations, which are duplicated in 008)
the current Master Bail Schedule.
17. MO 5082 ratifying City Manager approval of emergency repairs (084-
to one fire truck by Soffa Truck Repairs, for $11,850. 009)
18. MO 5083 awarding bid for purchase of annual slurry seal (136-
aggregate to Beaumont Concrete Co. , at $8.25 per ton, excluding 035)
taxes.
19. MO 5084 awarding bid for purchase of annual slurry seal asphalt (136-
emulsion to Koch Materials Co. , at $159 per ton, excluding 035)
taxes.
20. MO 5085 awarding bid for purchase of annual asphalt rubber (136-
crack sealant to Crafco, Inc. , at $.1699 per pound, excluding 035)
taxes.
21. MO 5086 approving subrecipient agreement with College of the (085-
Desert for $1,000 of 92-93 CDBG funds, for the CARE Program, 001)
A3153.
22. MO 5087 approving subrecipient agreement with Riverside County (085-
Housing Authority for $8,000 of 92-93 CDBG funds, for the 001)
Nightingale Manor, A3154.
� 7F 13
Council Minutes
9-16-92 Page 9
23. MO 5088 approving subrecipient agreement with Harvest of (085-
Wellness Foundation for $1,000 of 92-93 CDi'BG funds, for 001)
counseling services for victims of sexual assault, A3155.
24. MO 5089 approving agreement with Michael J. Kline for verifica- (052-
tion and preparation of data relative to cogeneration 001)
efficiency, not to exceed $7,550 (in form approved by City
Attorney), A3156.
It was moved by Lyons, seconded by Hodges, and unanimously
carried, that R17950 through 17953, and M05080 through
5089 be adopted.
ADDED STARTERS:
25. SECTION 19 - LAND ACQUISITION, EL CIELO ROAD
Recommendation: That the Council approve the acquisition
of 2 lots south of Mesquite, on the east side of El Cielo,
north of Tahquitz Creek in Section 19, -From Sammy and
Virginia Broines, for $9,900, plus closing costs.
City Manager reported that the need for action arose sulbse- (109-
quent to the publication of the agenda; after which, it 017)
was moved by Hodges, seconded by Sc:hlendorf, and unanimously
carried, that this item be determined eligible for
consideration and added to the agenda.
Director of Public Works highlighted his report.
Resolution 17954 as recommended, was presented; after
which, it was moved by Schlendorf, seconded by Reller,
and unanimously carried, that R17954 be adopted.
REPORTS & REQUESTS:
CITY COUNCIL reports & requests
a) Councilmember Lyons asked that the coindition of the
celebrity stars in front of the Plaza Theater be looked
at in terms of maintenance, i .e. , the concrete type
material is slippery when wet and may pose hazards.
PUBLIC reports & requests - None
STAFF reports & requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to Tuesday, September 22, 1992, at 3 p.m. :, in
the Large Conference Room, City Hall .
- 4
\.�JUDITH SUMICH
City Clerk