HomeMy WebLinkAbout2/15/1989 - MINUTES M MINUTES OF
CITY COUNCIL
CITY OF PALM SPRINGS
FEBRUARY 15, 1989
A Regular Meeting of the City Council of the City of Palm Springs,
was called to order by Mayor Pro Tem Apfelbaum, in the Council
Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, February 15,
1989, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Broich, Foster, Neel and
Mayor Pro Tem Apfelbaum
Absent: Mayor Bono
1. TPM23937 - ROBERT HARMON
Recommendation: That the Council approve Tentative Parcel
Map 23937 to combine five parcels into three for property
on the south side of E1 Portal , bounded by Mesa Drive
and South Palm Canyon - Section 27.
Planning Director reviewed the staff report given in detail
at the last study session, and added that the Planning
Commission recommended approval of the project; that the
project allows a combination of 5 substandard lots into (119)
3 oversized lots; that there is a lack of flood control ;
and that the Traffic Engineer will look at redlining curbs,
and off-street parking as a separate issue.
Mayor pro tem declared the hearing opened; there were
no appearances, and the hearing was closed.
Resolution 16688, as recommended, was presented; after
which, it was moved by Broich, seconded by Merl , and carried
by the following vote, that R16688 be adopted.
AYES: Broich, Foster, Neel and Apfelbaum
NOES: None
ABSENT: Bono
2. Z/C 5.0500 /TTM 23938 - CITY OF PALM SPRINGS (AIRPORT)
Recommendation: That the Council approve a change of
zone from N-0-5 to M-1 and M-1-P for a 20- acre city-owned
parcel on the NW corner of Farrell and Tachevah; and approve
Tentative Tract map 23938 to divide said 20 acres into
13 industrial parcels. (137 u
149 )
Planning Director reviewed the staff report given in detail
at the last study session, and added that this would be
an overall plan for the Airport; that the Planning
Commission did not the majority of the staff's reports,
but the street improvements necessitated that the matter
come to Council first; that the Planning Commission
recommended the zone change and the map; that the area
was rezoned in 1981; that the area is surrounded by
Industrial or Clear Zone for the Airport; that a portion
of the area is residential ; that the Planning Commission
heard a great deal of Public Comment concerning the zone
change; that the Commission recommended that an unnamed
inner road be a cul-de-sac with no access to Tachevah;
that staff reaommended that Chia and Tachevah be used
as access roads; and that Tachevah has been designed as
a major throughfare since the 1950's.
Council Minutes 2 236
2-15-89, Page 2
2. Z/C 5.0500/TTM23938 (cont)
Director of Community Development stated that Tachevah
and Sunrise Way will be signalized and that a proposed
signal at Farrell and Tachevah is being studied, but that
warrants have not yet been met.
Mayor pro tem declared the hearing opened.
Airport Director, representing the City as applicant,
stated he was in favor of the zone changes; and that the
Riverside County Land Use Commission, the State of
California Transportation Department and the FAA are in
favor of the approval .
The following persons spoke in opposition to the project:
Bob Roberts, 2215 Tachevah, stated that he contacted the
three agencies referred to by the Airport Director, and
all three stated they had no jurisdiction over zoning
around the Airport; that the FAA had already approved
the Airport Master Plan; that he was speaking for his
neighbors on Tachevah; that all of the residents were
asking the Council to listen to reason; that there are
only 10 usable lots, but all would affect over 150
homeowners; that M-1-P zone would suffice; that traffic
in the area would not increase that much; that the inner
road should be a cul-de-sac; that there is plenty of land
available for Industrial use on the east side of the
Airport; that there is no demand for the 10 lots in
question; that only Warner Cable Company has indicated
interest; and that the City Council should not try to
get more revenue from the homeowners, but look at the
demand for M-1 zone.
Frank Coffee, resident of Palm Springs, stated that he
was the retired manager of Kennedy Airport and was familiar
with airport issues; that he contacted the FAA concerning
the Clear Zone, and urged the Council to keep it free
from any development.
Kenneth Jensen, 985 Cerritos, stated that Tachevah is
a 2 land road; that only 2 blocks are proposed for four
lanes, and rather than confuse people, it should remain
2 lanes.
Sidney Fields, 2195 Tachevah Drive, stated that an M-1
zone allows a junkyard; that tourist arriving by airplane
would be greeted by unsavory sights; that the people who
retire to Palm Springs do so for peace and quiet; and
that Councilmembers should remember that they were elected
by the people, and that is who they serve.
Virginia Carter, 890 Caya Kretzel , stated that the 150
families affected are gravely concerned about their peace
and serenity; that the area is one of beauty; that the
past election was to let the City Council know that a
change was needed and the Council has made changes; that
cultural activites and prestige has started to return
to the City; that there must be another way to bring
industrial activity to the City, without placing it in
a residential area; that if the door is opened just a
little, the control will be lost, and 150 families will
suffer.
?off"l
Council Minutes
2-15-89, Page 3
2. Z/C 5.0500/TTM23938 (cone)
Dr. Gordon Blount, 855 N. Farrell , stated that the area
is City owned land, and it is incumbent on the City to
determine its needs, that the City has not done it; that
the City was asking in essence for the homeowners to convert
their equity into City coffers; and that 'there will be
a negative impact on the traffic flow; that the City has
already placed a guard rail next to his house; that the
mean speed limit on the street is already above the
allowable limit; and that the project will add traffic
to the area.
Michelle Andrews, 970 Cerritos, stater) that as a real
estate agent she thinks the area is one of the prettiest
in Palm Springs; that if an Industrial Park is put in
the area, the entire area will go downhill ; that there
aremany children living in the area who ride their bikes,
and play in the streets, and their parents have not had
to worry; and that the area should remain as it is.
Joyce Stewart, 920 Cerritos, stated that she has young
school children; that the area was evacuated not too long
ago due to a chemical spill ; that if an industrial park
is put in, it will happen again and again; and that the
area is quiet and residential , and she supports leaving
it as it is.
Mayor pro tem closed the hearing.
Councilmember Broich stated thatthe M-1-P zone would not
affect the Warner Cable project, he supported zoning the
area M-1-P , and that the inner road be a cul-de-sac with
no access to Tachevah.
Mayor Bono entered the meeting and stated that he would
abstain from voting.
Councilmember Foster stated that there was not a lot of
choice, since the surrounding land is Indian-owned, and
zoned Industrial ; that denying the M-1 zone only delays
the landowners ability to build; that 'the residents knew
the area was industrial ; that the situation may not be
pleasant, but the Council had no choice as to the Indian
zoned land.
It was the concensus of the Council that the proposed
Ordinance reflect a change to M.-I-P, and that the conditions
of the TTM be revised to require that the inner road be
a cul-de-sac, and that there be no access to 'Tachevah
Drive. The proposed ordinance and resolution were so
amended; after which the Assistant City Clerk read title
of the Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE 5.0500-CZ, A CHANGE OF ZONE FROM N-0-5
TO M-1-P FOR PROPERTY LOCATED AT THE NORTHWEST CORNER
OF TACHEVAH DRIVE AND FARRELL DRIVE, SECTION 12.
Council Minutes
2 3
2-15-89, Page 4
Resolution 16689, as amended, was presented; after which,
it was moved by Broich, seconded by Foster, and unanimously
carried, Bono abstaining, that R16689 be adopted and that
the Ordinance be introduced for first reading.
3. AA 3.0452 - ROBERTSON-SMITH
Review of Planning Commission action, upon request of
Council , concerning retail-commercial complex on Gene
Autry Trail .
Planning Director reviewed the staff report given in detail
at the last study session, and no further report was given.
Mayor declared the hearing opened.
Frank McGee, Architect for the applicants, stated that
for the last 10 months the applicants have worked with
the Planning Commission; that every concession was given
that he is not sure the project is still economically
viable; that the Planning Commission has approved the (111)
project; and that he has met with the Fire Marshall , who
also has approved the project.
There were no other appearances, and the Mayor closed
the hearing.
Councilmember Foster stated that he expressed his concerns
mainly concerning safety in that a 30-foot street is too
narrow in the case of disaster; that the street is 600
feet long; and he questioned how the Fire Department could
approve the project; that the proposed buildings are
substandard; and that 25-30 years ago the Council would
not allow such a project, and it should not start now.
In answer to question by Council the Fire Chief stated
that he was not prepared to answer questions concerning
the Fire Marshall ' s approval .
Motion by Foster to send the case back to the Planning
Commission failed due to lack of second.
Councilmember Apfelbaum stated that the applicants have
waited long enough, and that a decision should be made.
Councilmember Neel stated that the matter was before the
Planning Commission three times, and before the Fire
Marshall , and that he approved the project as presented.
Planning Director stated that he did not think the width
of the streets would be a hazard, but it could be looked
at again by the Fire Marshall .
It was moved by Broich, that the Planning Commission review
the plan again in regard to the street width, seconded
by Foster, and carried by the following vote,
AYES: Broich, Foster, Neel and Bono
NOES: Apfelbaum and Neel
ABSENT: None
PUBLIC COMMENTS:
a) George Goldberg, stated that he thinks that RV's and
boats should be allowed to be kept at ones home; that
he has been under surveillance fom the Code Enforcement
Officers; and that he won his case against the City,
and if he appears in court again, he will win.
Council Minutes
2-15-89, Page 5
PUBLIC COMMENTS: (cone)
b) Delores Kemp, 1630 Lorraine Way, stated that she is
a Soroptomist, that the Soroptomist have found property
suitable for a halfway house, which City staff approve
the location; and that the Club would appreciate being
considered for additional funds in the next CDBG fund
allocation.
c) Nicholas (?) , 1510 S. Cerritos Road, stated that traffic
on Sonora and Cerritos Road is tolo fast, and asked
the Council to have it checked.
d) Eriska Fairchild, Fairchilds Restaurant, stated that
she is a resident of the Las Palmas area and she and
her neighbors oppose converting the Liberate Residence
into a museum; and that an Ordinance should be
introduced that if a celebrity buys a home in Palm
Springs, the property should not be rezoned to anything
but residential .
e) Chuck Murawski , 1620 Indian Trail , thanked the Council
for the new Visitors and Promotion Board agreement,
and stated that it shows the voters that the Council
is concerned for the City.
LEGISLATIVE ACTION:
4. MUNICIPAL CODE - REPEAL WATER USERS TAX
Recommendation: That the Council amend the Municipal
Code to repeal the water users tax.
City Attorney reviewed the staff report given in detail ( 140)
in the last study session, no further report was given.
Assistant City Clerk read title of Ordinance as follows :
AN ORDINANCE_ OF THE CITY OF PALM SPRINGS, CALIFORNIA
REPEALING SECTION 3. 32.060 OF THE PALM SPRINGS MUNICIPAL
CODE RELATING TO WATER USERS TAX.
It was moved by Apfelbaum, seconded by Broich, and carried
by the following vote that the Ordinance be introduced
for first reading.
AYES: Apfelbaum, Broich, Foster, Neel and Bono
NOES: None
ABSENT: None
5. ORDINANCES FOR SECOND READING a ADOPTION (Introduce 2-1-89)
Assistant City Clerk read title of Ord 1324 amending the (103)
Zoning Ordinate regarding C-1 zone and
title of Ord 1325 amending the Municipal Code regarding
earthquake hazard reduction in existing buildings.
after which, it was moved by Apfelbaum, seconded by Foster,
and carried by the following vote that further reading
be waived; and that Ordinance 1.324 and 1325 be adopted.
AYES: Apfelbaum, Broich, Foster Neel
NOES: Bono
ABSENT: None
� a
Council Minutes g-�vi II
2-15-89, Page 6
Assistant City Clerk read title of Ord re tennis courts.
Mayor Bono stated that it was necessary to keep control
of the tennis lighting, but there are houses within the
City which have security lights mounted on the eaves of
the roofs, which projects more than lights on a tennis
court.
Councilmember Apfelbaum, stated that a field trip was
requested in order 'to see the circumference of the light
projected, and again requested that a field trip be
scheduled.
Assistant City Manager stated that the lighting at the
Airport was suggested but the height is eighteen feet;
and that a display will be available for Council , with
the correct height of 16 feet.
It was moved by Apfelbaum, seconded by Foster, and
unanimously carried that this matter be continued,
6. SUNLINE BUS AGREEMENT
Recommendation: That the Council approve an agreement
with Sun Line for a pilot bus shelter advertising program.
Planning Director reviewed the staff report given at study
session, and added that the project would consist of 25
shelters; that if any of the advertising was offensive
to the Council Sunrise Media would remove the advertising;
that one shelter would be void of any advertising; that
normally sixty percent of the advertising space in a shelter
is filled at any given time; that the City would receive
free advertising space on unleased sign space for City
sanctioned events, i .e. Vintage Gran Prix, and events
at the Convention Center; that such advertising will remain
in place for at least 30 days; that City's signs in the
shelter can be changed to different unleased areas at
the City's discretion; that all advertising revenues derived
from the shelters placed within the City will be collected
by Sun Line; that the term of the agreement is twelve months
beginning immediately after the last approval of all the
required City permits.
Minute Order 4320 approving A2673, as recommended, was
presented; after which, it was moved by Apfelbaum, seconded
by Foster, and unanimously carried that M04320 be adopted.
7. MUNICIPAL CODE - VISITORS A PROMOTION BOARD
Recommendation: That the Council create a Visitors and
Promotion Board, by adding Chapter 2. 23 to the Municipal
Code.
Director of Community Services and Promotions highlighted
the staff report given in detail at the last study session,
and added that the term "hotelier" is meant to be persons
in the hotel business, not necessarily hotel owners; and
that the term "manager" means anyone in a management
position.
Council Minutes
2-15-89, Page 7
7. 11UNICIPAL CODE - VISITORS & PROMOTION BOARD (Cont)
Assistant City Clerk read title of the Ordinance, as
follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ( 103)
ADDING CHAPTER 2. 23 TO THE PALM SPRINGS MUNICIPAL CODE
TO ESTABLISH A VISITORS AND (PROMOTION BOARD.
It was moved by Foster, seconded by Neel and unanimously
carried, that further reading be waived, and that the
Ordinance be introduced for first reading.
8. ADDITIONAL LEGISLATIVE ACTION: None
CONSENT AGENDA:
9. Res 16690 and 16691 approving Payroll Warrants and Claims & (86)
Demands.
10. MO ----- approving agreement with Mathis & Associates; and (110)
Res ------- amending the budget to appropriate necessary
additional funds. This item to be continued for two weeks.
11. MO 4321 authorizing purchase of a mobile street sweeper from (84)
Nixon Egli Equipment Co. , for $94,186.23.
12. MO 4322 approving appointment of Richard T. Britton, to the ( 128)
Board of the Palm Springs Public Facilities Corporation (succeeds
Alfred Albert) .
It was moved by Apfelbaum, seconded by Broich, and
unanimously carried that R16690 through16691 and Minute
Order 4321 through 4322 be adopted.
13. ADDED STARTERS - 17PM239 7, ROBERT HARMON
It was moved by Apfelbaum, seconded by Broich, and
unanimously carried that the Council approve Final Parcel (119)
Map 23937 for KWL Associates, Inc. , representing Robert
Harman and Geraldine Harmon to divide property located
at the southwest corner of South Palm Canyon Drive and
El Portal , Section 27.
Director of Community Development reported that five parcels
will be divided into three parcels; and that the Map
conforms to the General Plan.
Resolution 16692 as recommended, wa.s presented; after
which, it was moved by Apfelbaum, seconded by Broich,
and unanimously carried, that R16692 be adopted.
Council Minutes 2``-''�
2-15-89, Page 8
REPORTS & REQUESTS:
DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Treasurer's Monthly - November & December, 1988. (121)
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 Wednesday, March 1, 1989, at 7:30 p.m. , in
the Council Chamber.
JUDITH SUMICH !-1
City Clerk
By: PATRICIA A. SANDERS
Assistant City Clerk