HomeMy WebLinkAbout5/17/1989 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES 2 9 6
MAY 17, 1989
A Regular Meeting of the City Council of the City of Palm Springs,
California, was called to order by Mayor pro tem Apfelbaum, in
the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday,
May 17, 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 an invocation
by Rev. LaVeta Dillman, Chapel of the Way.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: The agenda was posted in accordance
with Council policy on May 12, 1989.
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 .
HOUSING AUTHORITY: Mayor pro tem declared the meeting adjourned
for the purpose of convening as the Housing Authority; after which,
members reconvened as the City Council .
RECONVENE AS CITY COUNCIL
APPROVAL OF MINUTES:
It was moved by Foster, seconded by Broich, and unanimously
carried, that the Minutes of April 5, 11, 19 and May 3,
1989, be approved.
PUBLIC HEARINGS:
1. TM 24518 - TENTATIVE MAP (MERICKEL DEVELOPMENT)
Recommendation: That the Council approve tentative tract
Map 24518 for condominium purposes for 64 units on the
SE corner of Avenida Caballeros and Baristo Road, subject
to conditions of P.D. 194.
Planning Director reviewed the memorandum of Director (137)
of Community Development, and noted that the tract map
is a follow-up action to previously approved planned
development district; that both the ordinance approving
the PD in-lieu of a change of zone, and the resolution
approving the preliminary plan, approved the project as
a condominium complex; that the applicant indicated in
public meetings that the condominium standards had been
followed, although it was the intent of the developer
to have the project as apartment rentals, and was agreeable
to such a condition for a limited period of -time; and
that the Planning Commission approved the project, without
any condition for apartment rental only.
Mayor pro tem declared the hearing opened; there were
no appearances, and the hearing was closed.
Resolution 16767 approving tentative map, as recommended,
was presented; after which, it was moved by Foster, seconded
by Neel , and unanimously carried, Bono absent, that R16767
be adopted.
Council Minutes
�Q` 5-17-89 Page 2
2. P.D. . 199 - M.H. SHASHANI
Recommendation: That the Council approve a planned develop-
ment district to allow a 66-unit apartment. complex, includ-
ing a 20% density bonus, on the NE corner of Sims Road
and Indian Avenue, Section 2.
Planning Director reviewed the memorandum of Director
of Community Development, and stated that the project
was reviewed in detail at the last study session, and
rental guidelines would be worked out prior to approval
of the final development plans.
Mayor pro tem declared the hearing opened.
George Theodoro, architect for the project, stated that
the developer has worked with the Staff and Planning Com-
mission, and lie believes the project is compatible with
City's desire in terms of architecture and density.
Dick Griffin, 300 Molino Road, representing 35 neighbors
in the Riviera Gardens, stated that the Riviera Gardens
has an architectural heritage for the community, and is
recognized in the architectural community; that it has
both long-term elderly, and newer, white-collared, single
residents; that they object to consolidating low income,
high density projects into one are of the town; that their
original fears concerning a liquor store on Indian Avenue,
west of their homes, have come true; and that the City
needs a master plan for distribution of such type housing.
Ken Fischang, 31.33 Sunny View, stated that; the neighborhood
is very concerned about the potential contribution that
the development could offer to the neighborhood; that
they favor quality projects; that the long-term residents
have contributed to the spirit of Palm Springs; and asked
that the Council look carefully at the density bonus aspect.
Melody Rogers expressed concern about decline of property
value; that a condominium project would be preferred,
which is equal to, or better than, the value of their
neighborhood; and that the project driveway is located
next to her bedroom, and she is concerned about excessive
traffic and other noise as people use the driveway.
In answer to question by Council , Planning Director stated
that Desert Flower Apartments on East Palm Canyon have
a number of units spread throughout the project, which
are set aside for low and moderate income families ; that
there is a HUD financed project in the vicinity of the
subject project, which is a totally rent-subsidized project;
that there may be police problems in some area, but he
did not have any specifics; and that the density bonus,
or other assistance in return, is mandatory by the State
if a developer requests it in exchange for providing afford-
able. housing.
Hoomand Shariff, representing the developer, stated that
the rentals will vary from $480-600 per month for 1-2
bedrooms; that they manage their own properties; that
they have the same project in Redlands, and have not had
any problems; and that they are watchful as to the quality
of tenant, because the remaining units are rented at market
value.
Council Minutes
5-17-89 Page 3 o
2. P.D. 199 (Continued)
In answer to additional questions by Council , Planning
Director reported that the access on the east side of
the project is a close as it can be to the R-1 development
in order to maximize the distance from the Indian Avenue
intersections; that it is mainly an exit onto Sims, with
guest and turnaround access to San Rafael . He described
various affordable housing developments in the community
varying from East Palm Canyon, to Section 14 in the central
part of the community, to others in the same vicinity
of the proposed project; and noted that there are also
multifamily projects, but at market rates, and not subsi-
dized housing or density bonuses. He stated that noise
should not be excessive at the driveway.
Mr. Griffin stated that he owns four units in Riviera
Gardens, and reiterated the architectural heritage of
the project, and stated that they have shallow setbacks,
which will be impacted by the reduced setback permitted
for the project under the PD process; that police problems
have included wrecked vehicles left on the street, all
night noise and disturbance, "boom boxes" (amplified music) ;
and that the two story building, at a close distance,
will mean lack of privacy, and a loss of the quality of
life they have become used to.
Planning Director stated that the setback from R-2 to
R-1 for 2-story is 150 feet, and may be reduced by 50
feet, as long as the averaging results in a minimum setback
of 100 feet; and that the setback from a single-story
in R-2 to R-1 is 15 feet - the units at the east side
are single-story.
Councilman Foster stated that the R-2 zone has been long
established in the area, and residents must have recognized
that it would someday be developed; that he understood
their concerns about the potential tenants and management,
however, the developer has a good track record., and the
staff can police any problems; and that the Council cannot
deny a person the use of their property, if it is a proper
use.
Resolution 16768, approving PD as recommended, was
presented; after which, it was moved by Foster, seconded
by Neel , and unanimously carried, Bono absent, that 16768
be adopted.
3. AA 3.0541 - SBS, INC.
Consideration of appeal on behalf of Georgiana McGlamary,
requesting architectural approval of a modular guest home
at 400 N. Mesquite Avenue, Section 22.
Planning Director reviewed memorandum of Director of
Community Development, and noted that the property is
R-3, and no special permits are required for multiple
units, nor is it covered under State Laws concerning
architectural guidelines for manufactured housing; that
the Planning Commission recommended a restudy, after several
reviews, however, the applicant wished to have the matter
resolved by the Council . He also noted that the Tribal
Council does not usually comment on straight architectural
approval cases, and its Planning Consultant expressed
frustration that an adequate solution for the allottee
had not been found, but did not say whether the Tribal
Council would take action. He stated that the property
is Indian-owned, and is subject to the Tribal Council-City
Council agreement.
Council Minutes
5-17-89 Page 4
3. AA 3.0541 (Continued)
Mayor pro tem declared the hearing opened.
Dick Bradshaw, 34950 Date Palm, provider of the modular
unit, stated that the home will include exterior stucco
and tile roofing to conform to the owners main house,
as well as window treatment, except the main house is
taller with higher windows; and from his viewpoint, it
is within the intent of SB 2827, and in keeping with the
area.
Councilmember Foster stated that the detailing is not
in keeping with the main house, and he agreed with the
Planning Commission that further study is needed.
It was moved by Foster, seconded by Neel , and unanimously
carried, Bono absent, that the appeal be denied, and that
the Planning Commission action be upheld.
4. INDUSTRIAL DEVELOPMENT BONDS - BP HOLDINGS (BIRD PRODUCTS)
Recommendation: That the Council approve issuance of
Industrial Development Authority bonds not to exceed $10
million for BP Holdings (Bird Products).
Director of Economic Development reported that Bird has
been working with staff to find a new location for a 1.25,000
sq. ft. building on 30 acres, to expand its operation
to 315 people, with a $9 million annual payroll ; that
an industrial development bond issue up to $10 million
is proposed, which would be the sole obligation of BP
Holdings, and that the details were reviewed at the last
study session.
Mayor pro tem declared the hearing opened; there were
no appearances, and the hearing was closed.
Resolution 16769 approving issuance as recommended, was
presented; after which, it was moved by Broich, seconded
by Foster, and unanimously carried, Bono absent., that
R16769 be adopted.
5. SEWER SERVICE CHARGES - 1989-90
Recommendation: That the Council elect to have sewer
services charges for fiscal ,year ending 6-30-90 to be
collected on the County property tax rolls. Report high-
lighted by Director of Finance.
(140)
Mayor pro tem declared the hearing opened.
Resolution 16770 as recommended, was presented; after
which, it was moved by Neel , seconded by Foster, and unani-
mously carried, Bono absent, that R16770 be adopted.
6. WASTE DISPOSAL DELINQUENT RESIDENTIAL ACCOUNTS
Recommendation: That the Council place delinquent resi-
dential waste disposal services accounts for fiscal year
ending 6-30-89 on the County tax rolls. lReport highlighted (140)
by Director of Finance.
Councilmember Broich stated that he would abstain.
Mayor declared the hearing opened.
Council Minutes
5-17-89 Page 5s�
6. WASTE DISPOSAL (Continued)
Resolution 16771 as recommended, was presented; after
which, it was moved by Neel , seconded by Foster, and unani-
mously carried, Bono absent, and Broich abstaining, that
R16771 be adopted.
PUBLIC COMMENTS:
a) Jeremy Crocker read a prepared statement, a copy of
which is on file with the City Clerk, relative to
the proposed sale of the water park lease site and (109)
acreage, contending that it is being undervalued,
and should be advertised for bids. He also submitted
a list and map showing other sales in the area.
b) George Goldberg commented on the proposal to place
a bronze statue of the former Mayor Frank Bogert,
in the front lawn of City Hall (by private donation)
and suggested that it would be fitting to have statues
of all of the former Councilmembers. He also commented
on a U.S. Supreme Court relative to other statements
he made about employees; and submitted a copy to each
Councilmember and the City Manager of a letter from
him, published in the June issue of, "Motorhome. "
c) Frank Coffee, 2127 Brentwood, questioned the status
of the auto park on Ramon Road, and challenged why
the Council was rushing to sell the water park site.
He made statements, concerning the owners of the
property, which he based on his interpretation of
newspaper articles. Both the Council and City Manager
challenged that such comments were unsubstantiated,
and in fact, inconsistent even with the articles.
LEGISLATIVE ACTION:
7., WATERPARK LAND SALE
Recommendation: That the Council approve the sale of
property in Section 20, currently under lease, and
originally purchased for expansion of the Wastewater
Treatment Plant, to the Oasis Water Park.
Assistant City Manager stated that the water park lessee
expressed an interest in buying the property nearly two
years ago, but his offer was not acceptable, and that (109)
he was again approached in January; that the property
was originally acquired for expansion of the Waste Water
Treatment Plant settling ponds, and it could not be disposed
of until another property could be found for the same
purpose; that a 20-acre parcel , east of the Plant was
found, which had been sold in 1988 for $1. 5 million, and
the owner had invested other money in the property since
its purchase; and that it is a site preferred by the General
Operations Department, over the water park location.
He stated that the negotiations resulted in an arrangement
whereby the City would declare the water park site available
for exchange or trade, and authorize its sale; that the
City would purchase the 20-acre site; and that the two
parcels would be exchanged. He added that the arrangement
was agreed upon, provided escrow could close by May 19;
that the Council was in agreement (20-acre parcel authorized
for acquisition at the last meeting); that the value of
the water park property was based on information received
by the City' s Real Property Specialist, indicating that
prices ranged from $80,000 (interior properties) to $123,000
(exterior) per acre for parcels in this area, with an
average of $100,000+ per acre; that a local realtor
Council Minutes
5-17-89 Page 6
7. WATERPARK (Continued)
indicated that the price should be discounted because
of the leasehold encumbrance which has 16 years remaining;
that the Council expressed a desire to retain a 60-ft
easement across the easterly portion of the property
(adjoins the Municipal Golf Course), however, the water
park owner would only be agreeable if reserved the right
to access across the easement; that such a condition
of sale would be further conditioned that such access
could not be used for the water park (from Golf Club Drive) ;
that the original deed to the property reserves the right
of first refusal to the original owner, Lawrence Bow;
and he recommended authorizing the sale, with the conditions
noted, in addition to making the first offer to the original
owner.
Councilmember Foster stated that the price is reasonable,
and industrial areas are selling at $,:! - $2. 50 square
foot; and that the real value is obtaining property adjacent
to the Waste Water Treatment Plant, rather than so far
away.
Resolution 16772, authorizing sale as recommended, was
presented; after which, it was moved by Foster, seconded
by Neel , and unanimously carried, that R16772 be adopted.
8. ORDINANCES FOR SECOND READING & ADOPTION (Intro. 5-3-89)
City Clerk read titles of Ord 1332 re interim promotional (103)
fees at the municipal golf course; and
title of Ordinance regarding zoning text amendments. (103)
It was moved by Foster, seconded by Broich, and unanimously
carried, Bono absent, that further readings be waived.
It was moved by Foster, seconded by Broich , and unanimously
carried, that Ordinance 1332 be adopted.
Motion by Foster, seconded by Broich, to adopt the zoning
text amendments, failed to carry by the following vote:
AYES: Broich & Foster
NOES: Neel & Apfelbaum
ABSENT: Bono
The ordinance will appear on the next agenda.
9. PLAZA THEATER BUDGET
Consideration of establishing budget for phase I restoration
of the Plaza Theater, funding from PEG access and private
donations (refer to 5-3-88 minutes).
Director of Economic Development reported) that the source
of funding is from Warner Cable - $250;,000, and private
donations - $200,000, and that no City, nor Agency, funds
are involved In this phase. In answer• to question by (61 )
Council , he stated that, as previously directed, the staff
and Council wi 11 review the scope of work to be performed
by the architect.
Resolution establishing budget was presented; after which,
it was moved by Neel , seconded by Broich, and unanimously
carried, Bono absent, that R16773 be adopted.
Council Minutes
5-17-89 Page 7
10. NOT USED
ADDITIONAL LEG'1SLATIVE ITEMS:
11. STREETS - MEASURE A FUNDS
Consideration of specific five-year expenditure plan for
Measure "A" local streets and roads funds 1989-90 through
1993-94.
City Manager reported that action by Council will be
advisory to CVAG, which will approve the final expenditure
plan; that the Council may choose the proposal shown in
its proposed resolution, or as an alternative split the
percentage and designate how the funds are to be used
for transit (e.g. , trolley capital outlay) ; that earmarking
funds to Sunline is inconsistent with current policy,
which stipulates that Sunline determines how best to spend
funds it receives; that 5% would represent $120,000-$125,000
on an annual basis.
Mayor pro tem stated that the CVAG Transportation Committee
unanimously recommended that the full 10% go to Sunline;
that the City Manager and staff' s role is to get as much
money in the City funds as they can, but the Council 's
role is leadership, and looking toward the future and
what will be of benefit to Palm Springs and the Valley;
that the SCAQMD has mandated employers to develop plans
to reduce air pollution; that the bus system is a part
of that plan for city employees; that the local air basin
has greater pollution potential than Orange or Los Angeles
Counties; that 90% of the Measure "A" funds will be in ( 117)
asphalt, which would leave 10% for public transit; that
Palm Springs' share of that the first year would be $84,000,
from which a one-half mile of cape seal could be applied,
or if given to Sunline, could be used to extend dial -a-ride,
sel. up new service between Palm Springs and Cathedral
City, Sunday service on Line 2, and 15 minute peak commuter
service; and that, in her opinion, the voters approved
Measure A because they wanted transit improvement, and
not more asphalt.
In answer to question by Council , City Manager stated
that CVAG could perhaps specify that money from the 5%
to be used for transit, be based on the need of the city
originating the funds.
Councilmember Foster stated that he would like to see
the trolley in Palm Springs because it will get people
out of their cars, especially the visitor.
Dick Cromwell , SunLine, described possible short and longer
term solutions which would meet immediate needs, and achieve
an equipment conversion to a more fun type bus - short
term leasing of double-deckers, thereby converting mainte-
nance costs to something more useful .
City Manager stated that his understanding is that SunLine
could commit to running the system, but not to the cost
of a new system, beyond what it can do now; and unless
an alternative approach can be taken, city funds are pooled,
and SunLine determines the best use for the expenditure
of the funds, and the routes to be taken.
Council Minutes
5-17-89 Page 8
11. MEASURE A (Continued)
It was the consensus of the Council that there was
sufficient understanding on Mr. Cromwell ' s part to work
toward the Council ' s interest in pursuing the specialized
transit need, and the allocation of the full 10% in that
light.
Resolution 16774, which provides 90% for streets, and
10% for transit., and rescinds R16755, was presented; after
which, it was moved by Foster, seconded by Neel , and unani-
mously carried, Bono absent, that R16774 be adopted.
CONSENT AGENDA:
12. MO 4359 approving agreement with Catholic Charities for drug (IB5)
counseling and education services for $15,000 from CDBG funds,
Agr #2711.
13. MO 4360 approving agreement with the Boys & Girls club of (115)
Palm Springs, for parking lot improvements on leased site
at Sunrise Plaza, for $20,000 from CDBG funds - Agr #2712.
14. MO 4361 awarding contract to Allred & Kyser Construction Co. , (136)
for the Andreas Road Plaza, for $221,595, CP8747, Agr #2713.
15. Res 16775 granting easement to SCE for service to the Fire ( 147)
Department Training Center at 3000 E. Alejo Road.
16. Res 16776 and 16777 approving Payroll Warrants and Claims (86)
& Demands.
17. Motion concurring in CRA Resolutions 599 - 616. ( 124)
18. Res 16778 approving City participation in pass-through agreement
with the County for PA9 (Citywide) , Agr #2714. ( 124)
19. Res 16780 re S11 (Cranston) concerning Indian Canyons open
space and preservation (previously S7) , as presently written,
in so far as it affects the South Palm Canyon area near the
City of Palm Springs.
20. Res 16779 consenting to merger of Warner Communications Inc
and Time, Inc. , to form Time Warner Inc. , parent of Warner (89)
Cable, as may be necessary under the CATV franchise agreement
No. 2535.
It was moved by Neel , seconded by Broich, and unanimously
carried, Bono absent, that Resolutions 16775 through 16779,
Minute Orders 4359 through 4361, and motion in Item 17
be adopted; Foster abstaining on MO 4360, due to client,
appearance of conflict, be adopted.
It was moved by Broich, seconded by Foster, and unanimously
carried, Bono absent, that R16780 be adopted.
ADDED STARTERS (Eligibility for consideration determined upon unani-
mous approval at the study session, upon motion Foster, second
by Broich - Bono absent)
21. CP 83-15 AND 83-22 - SUNRISE/INDIAN AVE - CHANGE ORDER
MO 4362 approving Change Order No. 1 to contract with
Massey Sand & Rock, for an increase of $19,169.01, for
Sunrise and Indian Avenue overlay repair projects„ was
presented; after which, it was moved by Foster, seconded
by Neel , and unanimously carried, Bono absent, that M04362 ( 136)
be adopted.
Council Minutes 10
5-17-89 Page 9
REPORTS & REQUESTS:
22. DEPARTMENTAL - Received & Ordered Filed
a) Treasurer' s Monthly - February, 1989 (121)
CITY COUNCIL reports or requests - None
PUBLIC reports or requests - None
STAFF reports or requests - None
INDUSTRIAL DEVELOPMENT AUTHORITY: Mayor pro tem declared the meeting
adjourned for the purpose of convening as the Industrial Development
Authority; after which, members reconvened as the City Council .
ADJOURNMENT
There being no further business, Mayor pro tem declared
the meeting adjourned to Tuesday, May 23, 1989, at 2 p.m. ,
in Large Conference Room, thereafter to be further adjourned
to Tuesday, May 30, 1989, at 2 p.m. , in said conference
room.
JUDITH SUMICH
City Clerk