HomeMy WebLinkAbout4/19/1989 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
APRIL 19, 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-11cCallum Way, on Wednesday, April 19, 1989,
at 7:30 p.m.
ROLL CALL: Present: Councilmembers Apfelbaum, Broich, Foster
Neel and Mayor Bono
Absent: None
REPORT OF POSTING OF AGENDA:
Report of Assistant City Clerk: The agenda was posted
in accordance with Council policy on April 14, 1989.
PRESENTATION:
A Proclamation was presented to the Ric Service of the
Palm Springs Convention and Visitors Board for past services (50)
to the City of Palm Springs.
MAYOR PRO TEM: Election of mayor pro tem
Mayor called for nomination for Mayor pro tem; after which,
Sharon Apfelbaum was nominated by Councilmember Neel ; (70)
there were no further nominations; and Sharon Apfelbaum
was elected Mayor pro tem.
PUBLIC HEARINGS:
1. TPM 23755 - JOHN RUPE
Recommendation: That the Council approve a tentative
parcel map to divide 1.8 acres into three parcels, for
property at the terminus of Camino Alturas, Section 27. ( 119)
Planning Director highlighted the staff report given in
detail at the last study session and added that Camino
Alturas is a deadend street, that the first proposal of
the project was for four lots, but has been revised into
three lots; that the Planning Commission approved the
project; that Camino Monte has a hammerhead turn around;
and that the necessary dedications for the right-of-ways
have been made.
Mayor declared the hearing opened.
John Rupe, applicant, stated that he had adhered to the
Commission's requests; that this would be a benefit to
the Mesa Area; that the lots that are proposed are larger
than the ones currently in the Mesa area; and that he
requested approval of the project.
There were no further appearances, and the hearing was
closed.
Councilmember Neel stated that he would abstain due to
property interests in the area.
Resolution 16733 approving Tentative Parcel Map was
presented; after which, it was moved by Foster, seconded
by Broich, and unanimously carried, that R16733 be adopted.
Council Minutes
4-19-89, Page 2 �
2. CDBG PROGRAM, 1989-90
Recommendation: That the Council receive public input
concerning the allocation of 1989-90 CDBG funds. Second (88)
public hearing to be held May 3.
Housing Coordinator reviewed the staff report given at
study session and added that the hearing was first of
two public hearings for entitlements of fiscal year 1989-90;
that the primary purpose of the funds is for Capital
Improvements in low and moderate income neighborhoods;
that 15 percent may be allocated for public service type
grants; that the purpose of the hearing is to allow public
input as to the allocation of funds.
Mayor declared the hearing open.
Donald Shaw, 2053 Calle Palo Ferraro, representing Desert
Aids Project, stated that $10,000 a request is being made
to cover 5% of their education and prevention budget;
that in March of 1988, there were 72 persons with Aids
in the Desert and in March 1989 there are 305; that from
March 30, 1989 to April 19, 1989 the count of Aids patients
has risen to 356; and that education and prevention is
a valley-wide issue, and the only way to stop the epidemic
of Aids.
Rosemary Sweet, representing Catholic Charities, stated
that Nightengale Manor had serviced 85 families in the
past year; that one-half were not minorities; that 47%
had no income; that of the 200 persons serviced, 99 were
children; and that $21,000 was being requested for funding
for fiscal year 1989-90.
Elisa Daniely, Fair Housing Representative, stated that
fair housing was a part of Community Block Grant Funds
and and described the work of the Fair Housing Agency,
and stated its rights and responsibility, and stated that
it has worked closely with the Visitors and Convention
Bureau, and the City and have published brochures concerning
rentals and fair housing; and that they are an active
agency will will continue to work closely with the City.
Ben Green, representing the Senior Center, stated that
$100,000 was being requested to combine with last years
allocation for construction and operation costs for the
new center; and that the Senior Center appreciated all
the City's concerns for seniors.
Martin Zoning, Coachella Valley Housing Coalition
representative, stated that the need for affordable housing
has risen over the past few years; that the Coalition
was a non profit housing corporation; that eight to ten
families build their own homes; and that the Coalition
was implementing a program with the City' s Redevelopment
Agency, that funding in the amount of $60,000 would help
purchase housing in redevelopment areas,
Mayor declared the hearing closed.
No action required at this time.
Council Minutes
4-19-89, Page 3
3. C.U.P. 5.0501 - BEN PERRY 2441 SOUTHRIDGE (APPEAL)
On April 5, 1989, the Council continued consideration
of appeal by Council from Planning Commission denial of
tennis court lights at the above address; Southridge (78)
Homeowners requested that the hearing be further continued
to May 3.
City Manager stated that a letter had been received from
Mr. Stephen Fenster, counsel for Southridge Property Owners
Association of Palm Springs, alluding that Mr. Perry and
the Association were requesting a continuance, but that
this was not the case; that Mr. Perry was present and
requested the hearing be opened; that the Association 's
position was stated in the letter; and that the Council
had received a copy.
Planning Director stated that the application was for
a Conditional Use Permit for a lighted tennis court; that
the court was located on a lot with an existing single
family residence; that the Planning Commission approved
the court, but denied the lighting, due to the vista of
light; that the court is on the east side of the ridge;
that the light can not be seen from the south; that lighted,
the court will be seen from City Hall ,and easterly; that
staff recommended approval ; that mixed comments had been
received from the public; that the request is for ten
lights, five on each side of the court at a height of
ten feet; that the landscaping plans require mature plants
up to ten feet in height, to help screen the light; that
the court cuts into the south side og the mountain to
allow for fencing on three sides; than the appeal was
made by the Mayor; that all setbacks have been met; that
there may be a halo effect when the lights are on; that
a time limit was suggested for the lighting (Sunrise to
10 p.m. ) ; and that a maximum 400 watt light be used.
Mayor declared the hearing opened.
Ben Perry, 2441 Southridge, stated that he had a signed
set of plans from the Homeowners Association, and had
the support of all of his neighbors for the lighting;
that he would comply with a 9 p.m. curfew for the lighting;
that the purpose of the lighting was for late afternoon
tennis, that he would not object to mature landscaping,
that if there were complaints after the lighting was in
place, he would remove the lighting; and that he will
comply with the requests of the Council .
Mayor Bono stated that he is personally acquainted with
the Perry's, but would feel the same about the issue in
any event and that a decision should be made.
Mayor declared the hearing closed.
Councilmember Apfelbaum stated that her home was in Las
Palmas; that the lighting from two homes there intruded
on other homeowners; that lighting cannot be mitigated
by landscaping:, and that she could not support any lighting
on the hillside.
Council Minutes "
4-19-89, Page 4
3. C.U.P. 5.0501 - 2441 SOUTHRIDGE (Cont)
Mayor Bono stated that a community needs to have balance;
that the Council should look at each persons needs; and
consider the individual .
Councilmember Foster stated that there are alot of people
below the Perry's that will be affected by the lighting;
that maybe landscaping will shield some of it, but
eventually the Council will have to fight other tenants
about the lighting for other tennis courts; that the
lighting will not be good for the overall community when
the side of the mountain is lit; that the view of the
mountain will be spoiled; that the Planning Commission
spent time coming to its decision; that a field trip was
taken by the Commission; and that he agreed with the
Commission's decision.
Councilmember Neel stated that he supported the Planning
Commission decision.
Mayor Bono stated that the Perry's had spent alot of money
upgrading a depressed home; that the Council was taking
a poor attitude on this case, and questioned how can it
be acceptable to have a mountain lion as a neighbor and
disrupt an entire neighborhood, and deny an individual
lighting for tennis courts.
Councilmember Foster stated that the neighbors supporting
Mr. Perry, live above the residence; that it is important
to maintain the peace and serenity of the mountains, that
the Council has spent time even considering lighting for
tennis courts because of the illumination; and that on
a hillside the lighting is more pronounced.
Motion by Broich, seconded by Bono that the Planning
Commission denial be overruled and the lighted court be
permitted subject t installation of mature landscaping,
failed to carry by the following vote:
AYES: Councilmember Broich and Mayor Bono
NOES: Councilmembers Apfelbaum, Foster, and Neel
ABSENT: None
PUBLIC COMMENTS:
a) George Goldberg, 1445 Cesspool Drive, stated that
he was informed that the cesspool in front of his
house would be cleaned up in March or April , but was
not told in what year; that the City employs three
City Attorneys and questioned the need and cost; that
the Council needed to reexamine its policy on
condemnation procedures; that the City was carrying
a vendetta against him; and that the Council should
keep in mind that when Bob Hope holds one of his events
at Southridge it lights the entire mountain.
b) Ruth Licata, 530 N. Calle Marcus, representing the
League of Women Voters, invited citizens to an open
forum on April 20, 1989 3 - 5 p.m. at the Audio Visual
room at the Library, regarding the proposed International
Raceway.
d
Council Minutes
4-19-89, Page 5
PUBLIC COMMENTS (Cont)
c) Jeremy Crocker, 330 W. Arenas Road , stated that his
comments were regarding item 7, and that the Bureau
of Land Management held an open hOiLlse regarding wind
turbines; that the application for more wind turbines
in the San Gorgonio pass is of benefit to the City;
that the wind will not stop blowing ; that in the past
Southern California Edison has had to depend on the
energy produced by the turbines; that the wind industry
worldwide has improved; that SCE will pay less for
wind than oil ; and that the present application will
increase energy sixteen percent over a years time,
which should be taken into consideration in addition
to aesthetic view.
d) Dr. Robert Young, 1256 E. Arenas, Palm Regency, stated
that he lived through the Vintage! Races, that the
impact of the noise and fumes is unpleasant., that
it is wrong to intrude on residential areas; that
most citizens retired here for peace and serenity;
that the permanent residents support the economy of
the City; that the race in Long Beach has the citizens
so upset l:hat the City sends some of the residents
away for the week; and that he asked the Council to
look at alternative roadways where it will not affect
residents.
e) Russ Caldenberg, Area Manager for Iihe Bureau of Land
Management, stated that for the he
Springs area
the Bureaus concerns are not limited to wind energy;
that the Bureau also manages two million acres for
Riverside County; that the Bureau tries to compromise
in the wind energy program; that through open forums
and open houses valid public comments are received;
that City staff has made its position clear; and that
things can be worked out to the benefit of all
concerned.
f) Bonita Amada, General Manager of the Marriott Hotel ,
stated that staff is opposed to the Grand Prix; that
with the new track, the race will be in Front of the
hotel ; and requested that the race site be moved.
g) Bob Caffrey, 1271 E. Amado, Palm Regency, stated that
the only notice Regency residents received that the
racetrack was moving to their neighborhood was in
the Desert Sun; that the raceway will affect 84 86
condominium units; that when he attended the last
study session, the position of the Council in regard
to the miind turbines was visual pollution, and
questioned why noise pollution was not an issue with
the Grand Prix; that it is not reasonable to move
an "Indy 500" within thirty feet of a resident's front
door; that the visual pollution and barricades are
a travesty; that the Council should question thie staff
on the impact on single-family residential areas;
that there is inadequate parking on Andreas and Amado;
that the investment is horrendous; that the setup
time is one to two weeks in advance, which would
inconvenience the neighborhood; that the curbs are
still torn up from the last race; that it is proposed
to tear out sixty feet on island of Tahquitz Way,
for a cost of $5,000 just for the race and is a needless
expense.
Council Minutes
4-19-89, Page 6
PUBLIC COMMENTS (Cont)
h) Richard Feingold, Palm Regency, stated that he opposes
the Vintage car racing on Hermosa, and questioned
where did the idea originate, and who has the power
to grant the race.
Airport Director stated that last year' s race was
critiqued, and one issue was to ensure that homeowners
have access to their property, which necessitated
the change in the course.
i ) Mr. Finegold, stated that if the property owners
were denied ingress or egress, that it would be
considered a taking of property without due process,
or compensation; that if there is a Noise Ordinance
in the City, the City has no right to violate its
own law; that the original contract of the Marriott
Courtyard stipulated all ingress and egress and if
changed violations occur; that there is a "commmon
law nuisance" which can be abated by a court; and
that the Palm Regency will pursue the action if
necessary;
that there is a wave of opposition against the proposed
racetrack on I-10, and it should give the Council
some idea of what citizens think on racing, including
the Grand Prix.
j) Dorothy Hart, 605 Amado, stated that the Vintage Grand
Prix is the worse thing that she has seen in her life,
and that the City is destroying itself; that the County
was proposing an International Raceway; that she had
done research on raceways and recommended that the
City take a position against the raceway proposed
near I-10.
k) Ariska Fairchild, 221 Merito Place, stated that sixty
feet of Tahquitz is being removed to accommodate the
Grand Prix; that the cost will be $5,000; that Rancho
Mirage is building more islands to enhance its
community, and Palm Springs is tearing them out; that
on the north and south side of Tahquitz shopping carts
from Von 's are left by the bus shelters; and that
she suggested the $5,000 be used to build cart holders.
1 ) Carolyn Toenjes, 1863 Park Drive, stated her business
had suffered during the Grand Prix, and questioned
whether an Environmental Impact Report had been done;
and that there were too many road blocks during the
Grand Prix, and that City should reassess it.
LEGISLATIVE ACTION:
4. ORDINANCE FOR SECOND READING (Intro 4-5-89)
Assistant City Clerk read title of Ordinance 1331 re Tennis
Courts; after which, it was moved by Apfelbaum; seconded (103)
by Foster, and unaminously carried that further reading
be waived; and it was moved by Apfelbaum, seconded by
Foster and carried by the following vote, that Ordinance
1331 be adopted:
AYES: Councilmembers Apfelbaum, Broich, Foster, and
Neel .
NOES: Mayor Bono
ABSENT: None
Council Minutes
4-19-89, Page 7
5. DOWNTOWN MASTER PLAN - ROBERT F. JANI
On April 5, 1989, the Council continued consideration
of agreement with Robert F. Jani Productions For the (50)
development of a preliminary master plan study for the
greater downtown area; and budget allocation therefore.
Item was continued.
6. COMPUTER - HEWLETT-PACKARD SYSTEM 3000 SERIES
Recommendation: That the Council approve the purchase
of a Hewlett-Packard System 3000 series 935 computer to
replace the City's existing series 48, to include items
detailed in staff report, totaling lease/purchases of ( 117)
$413,892, plus $25,812 annual maintenance/support charges.
Assistant City Manager reviewed the staff report given
in detail at the last study session, and added that the
current computer system has not proved efficient; that
the disk capacity is at the limit; that there are numerous
options, but the one presented is the most efficient;
that the recommendation covers needs for seven to ten
years; that presently there is a loss of $24,000 a year
in the Finance Department because of the present system;
that 2 years ago, the City had 3 separate computer systems;
and that now there are two .and the long range goal is
to have most users on the Hewlett-Packard System.
Resolution 16734 approving specific actions relative to
the purchase of a Hewlett-Packard System 3000 Series 935
Computer was presented; after which, it was moved by Broich,
seconded by Foster, and unanimously carried that R16734
be approved.
7. WIND PARK
Recommendation: That the Council provide recommendation
concerning a proposal to add wind turbines to a previously
approved wind park, for the Whitewater Hill Wind Park,
located north of I-10, between Whitewater Canyon and Highway (123)
62, outside of the City' s Sphere of Influence.
Planner III reviewed the staff report and stated that
the Planning Commissionis recommendation is to oppose
the addition of wind turbines on ridge limes on the
southerly slopes of Whitewater Hill , and on the west side
of the ridge of Whitewater Canyon; and that the noise
level is of major concern.
Mayor Bono stated that a representative from the San
Gorgonio Farms had presented concerns to him, but that
he could not attend the meeting.
Councilmember Broich supported recommendating that there
be no more wind turbines at the entrance of Palm Springs.
Councilmember Foster seconded the motion, and added that
a firm stand needed to be taken by the Bureau of Land
Management; that the Council should go to Washington D.C.
and lobby with the Secretary of the Interior; that the
Secretary had been to Palm Springs and was appalled by
the wind turbines; that Mr. Crocker's views were
understandable, but idealistic (see public: comments above) ;
that fifty percent of the wind turbines do not operate;
that the County had ordered them removed, but no action
has been taken; and that the wind turbines in the Pass
are being used as tax shelter rip offs.
Council Minutes
4-19-89, Page 8 2 a 0
7. WIND PARK (Cont)
Resolution 16735 as recommended was presented; after which,
it was moved by Broich, seconded by Foster and unanimously
carried, that R16735 be adopted, subject to further
recommendation that no more wind turbines be added to
the San Gorgonio Pass.
8. ADDITIONAL LEGISLATIVE ITEMS: None
CONSENT AGENDA:
9. Res 16736 amending the budget to appropriate $67,500 for (61)
economic development contract services, through June 30, 1989.
10. Res 16737 approving final development plans for a 119-unit,
multifamily apartment development on the NE corner of San (116)
Rafael and McCarthy Roads, PD 167, Laszlo Sandor.
11. NO 4338 awarding purchase of a reel mower from Pacific Equip- (84)
ment Co. , for $10,595.76.
12. NO 4339 awarding resurfacing and restriping 18 municipal parking ( 105)
lots to Arrow Parking Lot, Inc. , for $62,643 Agr # 2698.
13. NO 4340 authorizing purchase of 2 gang mowers from Pacific (84)
Equipment Co. , for $79,743.80.
14. NO 4341 approving a change order to Purchase Order H7258,
to increase cover specification and artwork changes for Conven- ( 139)
tion Center presentation folders by Rubidoux Printing, for
$6,287.92 - total purchase price $18,633.74.
15. Res 16738, 16739, and 16740 approving Payroll Warrants (2) (86)
& Claims & Demands.
16. Res 16741 granting easement to DWA for a water pipeline to (109)
serve the Equestrian Center.
17. Res 16742 through 16747 (6) concerning actions relative to
Assessment District 155, being improvements in portions of
Gene Autry Trail , Ramon Road, and the industrial areas bordered (56)
by Vella, Gene Autry Trail , Ramon and Sunny Dunes Road,
including new traffic signal installations, and existing signal
modifications as necessary; and including agreement with Special
Counsel Brown & Diven - Agr #2699.
18. NO 4342 approving purchase of a Call Accounting System, (117)
"Phoneware," from Telenomics, Inc. , for $9,093.10.
19. Res 16748 approving Final Parcel Map 21981 to divide property
on the north side of Sunny Dunes Road, between Calle Amigos (119)
and Thornhill Road, Section 23, Southern California Edison
Company.
20. NO 4343 approving Change Order No. 1 (Final ) to contract with
E.L. Yeager Construction Co. , for Alejo Road overlay, CP 88-14, (136)
for an increase of $32,656.44. A2643.
u l� Council Minutes
4-19-89, Page 9
CONSENT AGENDA (Cont)
21. Res 16749 accepting Grant offers from the Federal Aviation ( 51)
Administration, AIP Project 3-06-0181-10, for Aircraft Parking
Apron/Taxiway Signage.
It was moved by Apfelbaum, seconded by Neel , and unanimously
carried, Foster abstaining on item 17 that R16736 'through
16749 and MO 4338 through 4343 be adopted.
ADDED STARTERS: None
REPORTS & REQUESTS:
22. FRANCHISE REPORT - Received & Ordered Filed
a) Southern California Gas Co - $164,062.70 (121)
23. CITY COUNCIL reports or requests
Councilmember Apfelbaum requested that the Director of (50)
Aviation prepare alternate routes for the Vintage Grand
Prix, other than using downtown streets.
Mayor Bono stated that the City has money problemis, and
that the Council should be creative in ways to generate
money; that the Grand Prix netted around $200,000 last
year; that Easter Week seemed to be accepted by the
citizens, but when the week is over the town is literally
torn up; that the Grand Prix is for a weekend; and that
some sacrifices have to be made for the good of the
community.
Councilmember Broich stated that he agreed with the Mayor
and added that the race course should affect less people
this year, than last year.
City Manager stated that the Director of Aviation would
be asked to look at alternate routes for the Vintage Grand
Prix.
24. PUBLIC reports or request
a) Jeremy Crocker stated that at a Bureau of Land
Management open house, the point of unworkable wind
turbines had been brought up, but that he still
supported alternate energy concepts.
b) Linda DeBoard, 1994 N. Calle Rolf, stated that she
favors the car race downtown; and that the Council
should consider future citizens, and their needs.
STAFF reports & requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned.
oTH SUMIGH)
—o er4{�/ �
"--By: PATRICIA A. :SANDERS
Assistant City Clerk