HomeMy WebLinkAbout1990 - MINUTES - 3/21/1990 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
MARCH 21, 1990
A Regular Meeting of the City Council was called to order by Mayor
Bono in the Council Chamber, 3200 Tahquitz-McCallum Way, on
Wednesday, March 21 , 1990, 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 a moment
of silence.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with Council
policy on March 16, 1990.
COMMUNITY REDEVELOPMENT AGENCY: The 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 Neel , and unanimously
carried, that the minutes of February 21 and March 7,
1990, be approved.
PUBLIC HEARINGS:
1. TPM 25719 - INTERCAL PSCC
Recommendation: That the Council approve Tentative Parcel (119-001)
Map 25719, to divide a 46-acre parcel into two lots, for
the property located at ''the northerly terminus of Sunrise
Way, Section 36 (conforms to provisions of PD 201) .
Planning Director highlighted the memorandum of the Director
of Community Development, and reported that the parcel
map is a follow-up to the approved planned development
district, to allow financing and phasing of the development.
Mayor declared the hearing opened; there were no appear-
ances, and the hearing was closed.
Resolution 17040 approving TPM 25719 as recommended, was
presented; after which, it was moved by Apfelbaum, seconded
by Broich, and unanimously carried, that R17040 be adopted.
Note: At the end of the meeting, under Public reports
and requests , Fred Bart (?) 2625-A Whitewater Club Drive,
stated that several people who live at the Palm Springs
Country Club had left the meeting because the report and
hearing were held so fast, they lost the opportunity to
speak, and asked if this matter would again be open for
hearings.
Council Minutes
3-21-90 Page 2
I. TPM 25719 (Continued)
Planning Director reported that the required public hearings
concerning the planned development district, and environ-
mental assessment were conducted by the Planning Commission
and City Council in November and December, 1989; that
the parcel map was not as involved as the other hearing;
and that there was nothing more specific to be addressed,
other than final detailed plans; and he would be happy
to answer any specific questions concerning the project.
2. PD 210 & TTM 24853 - SAN RAPHAEL PARTNERSHIP
Recommendation: That the Council approve a planned develop-
ment district and associated tentative tract map for a
260-unit, single-family residential subdivision located
on San Rafael , between Sunrise Way and Indian Avenue,
0-5 Zone, Section 35.
Planning Director reviewed the memorandum of Director (116)
of Community Development, noting that the project contains
260 single-family lots; that the site is zo',ied 0-5, which
allows up to 3% units per acre in a designed development;
that such density was developed mainly i;o combat wind
and blowsand problems, and usually associated with cluster
type projects; that the project includes slightly smaller (137)
lots sizes (average 9,000 sq. ft. ) and the first phase
consists of 62 lots, of which five dwellings will be two-
stories, with about the same ratio for the remainder of
the site.
Mayor declared the hearing opened.
Larry Lapham, developer, stated that the project is a
moderate upscale, detached housing project, which he
believes will have a positive impact on future development
in the area; and commented on the School District' s imposi-
tion of mitigation fees which he considered excessive,
and that the District's problem should be addressed District
wide, and not taken care of through a single project.
Dan Civiligiano (?) resident on San Rafael , stated that
he welcomed the project into the neighborhood, and asked
that the perimeter wall be constructed first to prevent
unnecessary blowsand to ajoining properties.
Mr. Lapham stated that the wall will be constructed after
rough grade is established, and before the houses are
constructed.
Dick Griffin, 300 Molino Road, Riviera Gardens, questioned
if Airport -flight pattern will change as a result of this
project, to which the Director of Aviation stated that
there has not been for the past ten years, nor will be
as a result of this project, any westerly realignment
of the flight path. Mr. Griffin expressed his belief
that there has been a considerable deviation.
There were no further appearances, and the hearing was
closed.
Resolution 1.7041 as recommended, was presented; after
which, it was moved by Neel , seconded by Broich, and unani-
mously carried, that R17041 be adopted.
Council Minutes
3-21-90 Page 3
3. ZTA 5.0400 - MISCELLANEOUS ZONING TEXT AMENDMENTS
Recommendation that the Council approve 'text amendments
to the Zoning Ordinance regarding elderly board and care
facilities, manufactured housing, residential yard lighting,
bicycle rental , thrift shops, auto rental agencies, mechan-
ical equipment, shaded parking, antennas, accessory apart-
ments, exposed neon tube signs and sign definition, service
stations, and other miscellaneous items and corrections.
Planning Director reviewed the memorandum of Director
of Community Development, noting that as a result of discus- (103-039)
sion at the study session, the 'Following items would be
presented separately: neon tube lighting definition and
standards, Architectural Advisory Committee composition,
and sign definition; and that the standard concerning
heating/air conditioning screening distance changed from
"immediately adjacent" to "within one-quarter mile. "
He stated that most of the amendments are housekeeping
and relate to previous Council directives, Planning Com-
mission directives, or determinations, and additional
uses not previously covered by the text changes two years
ago •- controlling yard lighting in single-family cones.
Mayor declared the hearing opened.
Michael Howell 200 W. Arenas, stated that he had spoken
at the last Council meeting, asking for a variance to
allow him to have a restaurant in the existing 28--unit
property he is remodelling, and noted that the minimum
number under the ordinance is 30 units, and asked that
the Council change that number.
Planning Director reported that the original minimum number
was 100 units, which was reduced to 30 units under a condi-
tional use permit; that the subject was discussed by the
Planning Commission, and Mr. Howell was in attendance,
however, the Commission did not recommend such a change
at this time; that hotels are allowed in all multiple-family
zones, some of which penetrate residential areas; that
if the Council wished to encourage it, the Commission
could look at each application under a CUP on a case by
case basis; that food and beverage brings more people
to a location than would otherwise be staying there; that
the service could be limited to only the guests; that
the ABC has considerable control in terms of hours, etc. ,
when a liquor license is issued; that smaller hotels have
more difficulty handling the use when it becomes more
of the main business than the hotel .
Councilmember Apfelbaum stated that the residential areas
must be protected, and that she was not prepared to make
such a significant change to the ordinance without a full
review and input from the Planning Commission, and suggested
that Mr. Howell proceed with the variance application.
Councilmember Foster stated that if the ordinance is to
be changed, it should be through the normal process, and
that the Council should not simply change it at this point
without thoroughly understanding the impact: of the change
which will affect the entire city, not just Mr. Howell .
There were no further appearances, and the hearing was
closed.
Council Minutes
3-21-90 Page 4
3. ZTA (Continued)
In answer to question by Council , Planning Director reported
that the changes concerning accessory apartments will
not impact elderly care facilities, because they are
approved under a CUP and any change to some other use
would require meeting the standards of the new use; that
the parking for elderly care is based on the number of
beds, and a conversion to apartments might mean combining
a number of units, all of which would bc. addressed as
a modification to the conditional use peranit. He also
stated that concerning T-shirt shops, the typical regulation
would be to restrict the type of apparel stores, but that
could also have a negative effect in precluding high-quality
apparel shops; and that Main Street and other downtown
groups are brainstorming ideas about the downtown area,
including an "authority" and "master plan lease" program,
and the subject to T-shirt shops will be dealt with by
some means other than city regulation.
It was the consensus of the Council that Mr. Howell proceed
with an application before the Planning Commission.
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 ELDERLY BOARD
AND CARE FACILITIES, MANUFACTURED HOUSING, RESIDENTIAL
YARD LIGHTING, BICYCLE RENTAL, THRIFT SHOPS, AUTO RENTAL
AGENCIES, MECHANICAL EQUIPMENT, SHADED PARKING, ANTENNAS,
ACCESSORY APARTMENTS, SIGNS, SERVICE STATIONS, AND OTHER
MISCELLANEOUS ITEMS AND CORRECTIONS.
It was moved by Apfelbaum, seconded by Foster, and unani-
mously carried, that further reading be waived, and that
the Ordinance be introduced for first reading,
PUBLIC COMMENTS:
a) John Warner, 61701 Smoke Tree Road, North Palm Springs, (123-006)
urged that the Council recommend opposition to the
concrete batch plant, and stated that it will create
traffic, dust, and noise.
Abby Silverstone, 2300 Cantina Way, also urged opposi-
tion, on the basis of adverse traffic 'impacts, and
the dangerous exiting by large trucks onto Indian
Avenue off of I-10.
b) George Goldberg., Box 4156, commented on the C ity's
requirement to pay legal fees associated with the
Welwood Library litigation, only because the city
wished to give the property to Wessman; and on political
sign regulations which are not being enforced, i .e. ,
a sign in the former Saks building on Sou'k;h Palm Canyon.
c) Bob Gellis, 685 E. Vista Chino, stated that the Council (143-001)
gave an increase in taxicab fares, yet the company
has cut the driver' s pay, in violation of the city's
agreement; and that he was willing to do whatever
he could to prevent a strike by the drivers,
Mat Lohman (?) 3025 Escoba, asked what the Council
could do to help the drivers until the cit}r' s contract
comes up for renewal .
y'•n
Council Minutes
3-21-90 Page 5
Both the Mayor and Councilmember Broich stated that they
had reviewed all of the materials Mr. Gellis had provided,
and talked with the legal staff, and could find no legal
grounds for the City to step in.
d) Francis Hogan Brown, 670 Calle Palo Fierro, urged
that the Council become involved in the Earth Day
celebration -- April 15 - 22, 1990. It was noted that
the Mayor has signed a proclamation, and other staff
members will coordinate some activities.
e) Don Frank, 550 Cahuilla, suggested that the community
undertake a "Grapefruit Festival " because of the
abundance of fruit grown here, similar to Indio' s
Date Festival .
LEGISLATIVE ACTIONc
4. CONCRETE BATCH PLANT LOCATED WITHIN THE SPHERE OF INFLUENCE
Recommendation : 1'hat the Council oppose County Conditional (123-006)
Use Permit #3043 for the construction and operation of
a concrete batch plant located northwest of the intersection
of Interstate 10 and Indian Avenue, within the City' s
proposed Sphere of Influence.
Planning Director reviewed the memorandum of Director
of Community Development, noting that the proposal is
for a temporary facility to receive aggregate daily for
mixing concrete and loading it into trucks for delivery;
that the County considered the problems insignificant
and since it was only a temporary site, they could be
mitigated. In answer to question by Council , he stated
that he would verify that the project is not, a PM- 10 offset
rule application.
Resolution 17042 as recommended, was presented; after
which, it was moved by Broich, seconded by Foster, and
unanimously carried, that R17042 be adopted.
5. Not Used
6. AIRPORT HOTEL
Recommendation: That the Council approve an option agree- (051-018)
ment, and a lease agreement with Questmark Group for
the development of an Airport hotel - A2818 and 2818A.
Director of Aviation reported that subsequent to the last
meeting, the documents have been reviewed by an outside
attorney, all items suggested or commented on were reviewed,
and the documents amended or clarified accordingly; and
that this matter was reviewed in detail at the last study
session.
Minute Order 4533 as recommended, was presented; after
which, it was moved by Neel , seconded by Apfelbaum, and
unanimously carried, that M04533 be adopted.
(1 Q +�•'
Council Minutes
3-21-90 Page 6
7. CV MOUNTAINS CONSERVANCY
Consideration of request by the Coachella Valley Mountains (123-011)
Trust for the City to become a charter ,nember of the
Coachella Valley Mountains Conservancy.
As a result of discussion at the study session, Minute
Order 4534 as presented, entitled:
AUTHORIZING PAYMENT OF $5,000 TO THE COACHELLA VALLEY
MOUNTAINS CONSERVANCY, WITH THE UNDERSTANDING THAT THE
PURCHASE OF OPEN SPACE WILL BE iN ACCORDANCE WITH THE
PROVISIONS OF PROPOSED SENATE BILL SB3862 (PP.ESSLEY)
In answer to question by Council , City Attorney stated
that he thought the reference to the Pressley bill was
clear as to the Council 's intent to protect its right
and intent to allow development of Palm Hills.
Mayor stated that he would favor the payment with the
understanding that participation no way hinders the
Council ' s future goals for development of Paim hills.
it was moved by Apfelbaum, seconded by Broich, and unani-
mously carried, that M04534 be adopted.
8. MUNICIPAL CODE AMENDMENT PURCHASING (Intro 3-7-90)
City Clerk read title of Ord 1.346; after ti,iiich, it was (103-001)
moved by Broich, seconded by Foster, and unanimously
carried, that further reading be waived, and 01346 be
adopted.
9. ADDITIONAL LEGISLATIVE ITEMS: None
CONSENT AGENDA:
10. MO 4535 ratifying emergency purchase from Fort McConnell , (084-006)
Inc. , to correct an inadequate overhead lighting situation
in the Council Chamber for $10,724.76.
11. Res 17043 approving Final Tract Map 23938 to divide Airport (137-062)
property at Farrell Drive and Tachevah, Section 1.2,
12. Res 17044 approving acquisition of 10 lots south of Mesquite (136-022)
east of El Cielo, Section 19, for a total oa $26,250, plus
fees.
13. MO 4536 awarding bid for purchase of 8 hand held radios and (117-004)
accessories to Motorola Communications and Electronics Inc. ,
for $8,954, 16.
14. Res 17045 amending the budget, to appropriate $1.00,000 from (061-008)
CIP fund to General Fund to provide for police salaries for
the remainder of the fiscal year.
15. MO 4537 approving agreement with David M. Griffith and Associ- (086-001)
ates, Ltd. , for services associates with claims for reimburse-
ment of State mandated costs - A2819.
16. MO 4538 ratifying emergency purchase and installation of an (127-001)
internal pressure vessel for the W�IATP digester boiler to Quality
Boiler, Inc. , for $17,742.50.
P4 P Council Minutes
3-21-90 Page 7
17. Res 17046 approving amendment to sublease between O'Donnell (092-006)
Golf Club and the Committee of Twenty-five, to reduce the
term of the sublease to June 30, 1997.
18. Res 17047 reaffirming City Clerk' s authority to accept grants (114-004)
of rights-of-way and easements not -involving the expenditure
of city funds, and required as a condition of building or
planning processes.
t9. Res 17048, 1.7049, and 17050 approving Payroll Warrants and (086-007)
Claims & Demands.
20. MO 4539 approving purchase of four Arc IBM compatible personal (117-00(5)
computers, and two color monitors from National Business
Machines for $10,998.83.
21. Motion concurring in C'RA actions to date R681 - 684. (124)
22. Res 17051 approving Amendment 1 to FAA AIP 10 grant agreement (051-020)
for aircraft ramp expansion, reducing grant by $247,000, A2.703.
It was moved by Apfelbaum, seconded by Foster, and unani-
mously carried, that Resolutions 17043 through 17051,
Minute Orders 4535 through 4538, and motion in Item 21
be adopted.
ADDED STARTERS: None
REPORTS & REQUESTS:
23. PUBLIC NUISANCE ABATEMENTS:
Received for filing the Proceedings and Accounting Reports (057-001)
for the abatement of public nuisances located throughout
the City - City Clerk to set hearings thereon.
CITY COUNCIL reports & requests
24. COMMISSION APPOINTMENTS:
Mayor announced his appointment of David Cantwell to fill (060-011)
unexpired term of Bud Hoover, ending June 30, 1991., on
the Historic Site Preservation Board; after which, it
was moved by Apfelbaum, seconded by Broich, and unanimously
carried, that said appointment be approved.
Mayor also announced his appointment of Councilmember (114-002)
Apfelbaum as Council liaison for the formation of the
Youth Court; after which, it was moved by (Foster, seconded
by Neel , and unanimously carried, that said appointment
be approved.
PUBLIC reports or requests
a) Arishka Fairchild questioned if the proceeds of the
Liberate Foundation auction would go to the Senior
Center, and whether the auctioneers were informed.
The response to both questions was yes.
STAFF reports or requests -- None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned.
�- L
UDITH SUMICH
City Clerk