HomeMy WebLinkAbout1990 - MINUTES - 11/21/1990 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
NOVEMBER 21, 1990
A Regular Meeting of the City Council was called to order by Mayor
pro tem Broich, in the Council Chamber, 3200 Tahquitz-McCallum
Way, on Wednesday, November 21, 1990, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Broich, Hodges, Murawski
and Neel
Absent: Mayor Bono
The meeting was opened with the Flag Salute and an invocation by
Rev. LaVeta Dillman.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with
Council procedures on November 16, 1990.
PRESENTATIONS: (Note: Former board/commission members did not
attend the meeting, and awards will be mailed to them.
COMMUNITY REDEVELOPMENT AGENCY: Adjourn for the purpose of convening
as the Community Redevelopment Agency.
PUBLIC HEARINGS:
1. AA CASE 3.0841 - ALEXANDER HAAGEN APPEAL
Consideration of appeal by William Crigger for Alexander
Haagen for a new trellis carport and "as built" landscape
plan for property at 2288 Southridge Drive.
Assistant Planning Director reviewed the Memorandum of
Director of Community Development, and seated that he
met with the appellant and his attorney prior to the
meeting, and are jointly recommending a 60-day continuance 011-
in which to review the maintenance agreement proposed 001)
by the Commission, and evaluate some of the other issues
on the property.
Mayor pro tem declared the hearing opened.
Greg Swajian, Palm Desert, attorney for the appellant,
concurred with the Assistant Planning Director.
It was moved by Neel , seconded by Hodges, and unanimously
carried, that the hearing be continued for 60 days
(January 16, 1991).
2. AA CASE 3.0769 - KRZYWON - APPEAL
Consideration of appeal by neighboring residents concerning
Planning Commission action for addition to residence at
2495 Palermo, relating to a two-story element.
Planning Director reviewed the memorandum of Director
of Community Development, and stated that the architecture
was modified somewhat to try to accommodate some of the (ill-
comments by the Commission and the Council concerning 001)
lowering the overall height; that the Council upheld the
appeal and sent the application back to the Commission,
with stipulation of one-story, or split level ; that two
Council Minutes
r �. 11-21-90 Page 2
2. AA CASE 3.0769 (Continued)
of the Councilmembers met with the applicant at the siite,
and indicated that lowering the structure three feet could
create a split-level , keeping the overall height to 18
feet; that the Commission may approve greater heights
in hillside areas if it feels that would be approprliate
for the particular site, usually against a hillside and
working with the site to create a solution; that the subject
property has a large enough pad, but because it had already
been partially developed, and in terms of surrounding
properties, the Planning Commission approved by two-story;
that the neighbors have re-appealed the decision; that
the issue of view is dealt with in the Zoning Ordinance
in that the Commission, and ultimately the Council , should
consider view when looking at hillside projects, but every
view need not be protected; that the architecture is the
same as before, with exception that it has been reduced
by 3 feet; and he displayed the plans.
Mayor declared the hearing opened.
Ramona Hortner Case, 2424 Vista Drive, expressed
disappointment that the guidelines specified and voted
on by the Council on the last appeal were not discussed,
and were ignored by the Planning Commission in approving
a two-story house; that if the applicants were so concerned
about enlarging their home, they had ample area in which
to do so, but chose rather to build a large patio and
pool area, and are now placing a burden on the neighbors
to have a this built and forced on them.
Mary Drascko, 2395 Vista, stated that she has lived in
the area for 32 years, and is concerned that one story
should remain the precedent for the hillside; that at
the October 24 Planning Commission meeting, there were
two other applications for two-story, and that they do
not object to a person' s right to build, but that
the rights of surrounding properties in terms of protecting
views should also be considered; that a house was built
on the south end of Palermo which sacrificed the rights
of surrounding properties for the benefit of one; that
there should be concern about this trend of chipping away
at one story, in order for one property to get a better
view; that Councilmember Murawski stated previously that
a person should be aware of the quality of an area when
they buy into it; and she asked that the previous decision
for one-story prevail .
Minna Kanya, 2494 Vista Drive, stated that a selling point
for property in the area is the vast view; that her home
was built so that the only view faced east, which looks
over the Kryzwon property at the Valley; that the
neighborhood is recognized as single-story, view property,
and that view is an integral part of the value of the
property; that there is an absence ever of cathedral
ceilings; that the Krzywon lot is 100' x 93' ; and she
asked that the Commission decision be reversed.
Margaret Krzywon, 2495 Palermo, applicant, stated that
they advised the architect as to what they wanted, and
how they wanted 'it; that they have lowered the height,
and tried to make everyone happy; that there are three
levels on the lot, including area filled for the pool ;
and that she wants two-story on the property.
Council Minutes
11-21-90 Page 3
2. AA CASE 3.0769 (Continued)
There were no further appearances.
Councilmember Neel stated that he understood the zoning
ordinance provisions, but did not appreciate the
architecture, and would not want it next to him.
Councilmember Hodges stated that she has not had the
opportunity to view the property, although both parties
have asked her to see it; that she is concerned about
two-story residences on hillsides which block the views
of other owners, which was one of the major reasons for
moving into the area in the first place, and perhaps the
ordinance, per se, needs to be addressed, and there may
be more at stake than just one house; that the Council
should look at the ordinance, and stay with the original
decision.
Councilmember Murawski stated that he stood on the Kanya' s
property, above the Krzywon' s site when he visited the
area; that the owners have a right to build, and the Council
should give its permission; that all of the Council should
visit the site; and that he did not think the house will
obstruct the view of other houses around it.
It was moved by Hodges, seconded by Murawski , and
unanimously carried, Bono absent, that the hearing be
continued to November 27, in order to view the site.
3. ANNEXATIONS 24 & 25 - PREZONING
On November 7, the Council continued hearing on
consideration of prezoning for Annexation Areas 24 and
25.
Planning Director reported that the EIR for the raceway
is being modified to include issues of annexation, in
order to remove the stigma that has been attached to the
remainder of the area; that he has consulted with the
Tribal Council Planning Consultant and they recommend
CSC zoning (which allows department stores) for the Pierce
allotted parcels; that Mr. Pierce prefers C-1, however,
there are concerns that there are no setbacks required
in the C-1 zone (which is applied mainly to Palm Canyon
Drive) compared to 25-50 ft setbacks, with landscaping, (054-
etc. , in the CSC; that he believed issues can be worked 004)
through the development process; and if the Council desired
to designate a C-1, the ordinance and resolution would
be changed to reflect a commercial dot on the General
Plan, and the C-1 zoning on the map.
Mayor declared the hearing opened.
Rolph Arnhym, Chamber of Commerce, applauded moving forward
with the prezoning, as necessary in gaining control over
the City' s destiny, and an important segment of the
railroad, with a future eye to freight, passenger, and
commercial applications for tourism and across the board;
and he urged moving forward as expeditiously as possible.
Earl (?) , 3686-A Andreas, read a statement on behalf of
Pat Oygar, President of the Friends of the Environment,
requesting that a full EIR be prepared on the Annexation
areas, whether the four square mile area termed, "the
raceway" land is included, or not; and added his opinion
that the the EIR should not be prepared by anyone who
has been exposed to the case.
- P79
Council Minutes
11-21-90 Page 4
3. ANNEXATIONS (Continued)
Sig Zeitlin stated that an EIR is required, and it is
not pertinent to that issue, whether one favors the project
or not; that he resents people who do not live in the
Valley telling him what is good for him, and how he should
live; and that if the Council wants to know if people
who live here want the raceway, it should be placed on
the ballot.
Bill Byrne, 301 Overlook, stated that a healthy environment
and a healthy economy go together; that he questioned
whether it is legal to remove a segment of the annexation
area without first going to the Planning Commission ; that
the Council has a legal obligation to keep the public
informed; that recently the Mayor lead a discussion about
annexing to include the wind farms, which left impression
that a larger annexation was desired; that the Planning
Department needs to communicate with the Friends of the
Environment, as well as the raceway promoter; that he
questioned what it will cost to provide services to the
new area; that a financial assessment needs to be done;
and asked if it is the City Attorney's view that the Council
may proceed with the annexation without. an EIR, and if
so, based on what findings.
City Attorney stated that he has communicated with the
Council concerning the environmental issue, and he has
some concerns whether all projects affected are included
in the environmental analysis; that the Friends of the
Environment do not have an environmental problem concerning
the remainder of the project; that an attempt was made
to address the raceway issue, by deleting it from the
annexation area, and considering it separately; that the
testimony suggests they have a larger concern, which is
different than what was originally communicated; that
a full EIR on the annexation is an open issue, and it
cannot be advanced with certainty that it can be done
without an EIR; that LAFCO must approve the annexation;
that an EIR is required with respect to the raceway project
and that annexation, which is why the area was deleted;
that a legitimate argument can be made that an EIR should
be done on the proposal for the remainder• of the property;
that it is not a clear case; that if the Council were
making substantial changes in the zoning in the usual
sense, it would be appropriate to return the matter to
the Planning Commission, however, in terms of pre-:zoning,
the Government Code does not specify whether a referral
would go back to the Commission with respect to that issue;
and if the Council wanted further assurance, those
provisions would have to be researched.
Mr. Byrne stated that he was appreciative of the Council 's
consideration of the F.O.E. concerns; that they have
obtained a map of the deletion; and that that he could
not speak for the group whether the deletion of the area
would satisfy their concern about the IEIR, but he could
take it back.
Councilmember Murawski stated that perhaps the matter
could be continued in order for the City Attorney to
research the questions raised, and for the F.O.E. to
discuss, review the maps, and perhaps an agreement can
be reached.
Council Minutes
11-21-90 Page 5
3. ANNEXATIONS (Continued)
John Adams, Tribal Council Planning Consultant, and
representing Allottee Pierce, owner of parcel at Vista
Chino and Gene Autry Trail , stated that there are about
480 acres of trust land allotted to thirteen members,
and that he agreed with the Planning Director' s
recommendation, with the exceptance of this parcel ; that
he was speaking for both the Tribal Council Chairman and
the allottee, in requesting the C-1 zoning, which is the
most consistent with the existing County zoning, and with
the recognition that there should be further attention
given at the development stage regarding setbacks; that
the uses are the most important aspect, with the
understanding that there would be further consideration
about the setbacks by whoever the applicant may be and
the City; and he requested that the Council support the
staff recommendation, with that exception.
Councilmember Hodges stated that this project has had
many stumbling blocks, and perhaps the Council should
go ahead with the EIR; that if it had been done six months
ago, perhaps the annexation would have been completed
by now; that the Tribal Council supports it; and that
she agreed with the C-1 zoning with the noted stipulation.
Councilmember Broich questioned if the remaining areas
to be proposed for annexation should also be included
in the EIR.
Director of Community Development stated that inclusion
of those areas would extend the EIR process by possibly
two years; that the original concept was to consider
annexation in phases, the first excluding the wind farm
areas.
Assistant Planning Director estimated that the cost for
such an EIR would be between $50,000 - $100,000, and would
take six months to 1 year, and quite possibly the same
issues would be raised as are now being raised.
Councilmember Murawski asked that the City Attorney discuss
this with the F.O.E. , get answers to the questions which
have been raised, and staff provide a more specific estimate
of costs for an EIR for Annexations 24 and 25.
In answer to question by Council , City Attorney stated
that the purpose in deleting the raceway area was to avoid
litigation, but in view of testimony this date that the
City might be sued for not proceeding with an EIR in any
event, that strategy might not make as much sense, and
he will evaluate it further, and come back with a
recommendation.
It was moved by Murawski , seconded by Hodges, and
unanimously carried, Bono absent, that this matter be
continued to December 5, 1990, during which the City
Attorney and staff proceed as above noted.
- _ Council Minutes 11-21-90 Page 6
PUBLIC COMMENTS:
a) Tim Crickles, Breakaway Inn, 260 Chuckwalla, described
five drug and/or prostitution episodes in his
neighborhood, and that he has made numerous telephone
calls to the Police, but the problems has not been
resolved.
Police Chief stated that the Department has been working
on the problem, and since September, it has made drug
buys, obtained search warrants, and made arrests;
advised one landlord ways in which people dealing
in drugs can be evicted; that under the Narcotic
Abatement Law, if an owner does not abate the problem,
the City can, and the owner will be responsible for
the cost, however, that is a lengthy process and takes
time; that there have been 64 arrests for prostitution,
of which only one was a repeat arrestee; that there
are two officers assigned to narcotics, and the
Coachella Valley Task Force also has worked the area;
and that the situation has developed in the past several (113-
months, possibly as a result of intensified enforcement 001)
activity in the Highland-Gateway area.
Jim Shaw, 1420 N. Indian, Mira Loma Hotel , expressed
opinion that the problem is not aggressively attacked,
and he considered it an attitude problem in the Police
Department.
Mr. Crickle also read a letter from Pat Weinberg,
Spanish Inn, also requesting enforcement.
Ann Richard, 269 Chuckwalla, and Ann Comero, Casa
de Comero, concurred with the comments expressed.
Councilmember Murawski stated that often the Police
are tied by constraints over which it has no control ;
that he does not believe the situation is being ignored;
that he believes they are doing whatever the law allows
them to do to control the situation; and that they
will do what they can to cleanup the situation.
b) Don Rubidoux, Le Petit Chateau, read a prepared
statement, a copy of which is on file with the City
Clerk, regarding price increased by Warner Cable,
and its effect on small hotels. He stated that smaller
hotels pay more, because if larger hotels paid
proportionately higher rates, it would be less costly
for them to import the signal on theiir own, thereby
cutting-out Warner.
Mayor pro tem stated that the Council cannot control
rates, as a result of Federal regulation, and that
the franchise is not an exclusive one.
(089-
City Attorney explained how the industry lobbied for 003)
the deregulation, which has resulted in negative
reactions nationwide, and several attempts to introduce
legislation which would reverse the situation.
It was the consensus of the Council to review the
franchise agreement, and determine if there are areas
that are not being addressed, or if there are areas
which may be enhanced.
Council Minutes _
11-21-90 Page 7
d) Bill Byrne, 301 Overlook, stated that the Council
should obtain another source for the raceway EIR
consultant, in that Cotton-Beland was the consultant
for the developer, and may be biased for the developer.
LEGISLATIVE ACTION:
4. DOWNTOWN FLOWER POT BEAUTIFICATION
Direction concerning Downtown Flower Pot Beautification
program, including possible actions regarding raised
planters, plant materials, sites, and funding.
Director of General Operations reported that following
a field trip to prominent Southern California resort
communities by various merchants, two Councilmembers,
and certain staff, a proposal was developed and submitted
at study session concerning two proposals for flowers
and terra cotta pots downtown - one a city project, and
the other a merchant participation project; that it was
subsequently removed from the agenda, in order to look
at other ideas and options, to review funding sources,
and to reevaluate the project boundaries; that since that
time, there have been meetings with various groups downtown,
that no final recommendation has been made, and that there
are several concerns, options, and issues raised which
require Council direction, which are shown in Section
IV of his report as on file with the City Clerk.
Councilmember Murawski stated that he hoped the program
would begin to get property owners involved; that perhaps
high school students, or volunteers, could be used to
help; that it seems to be getting more and more confused (133-
and expensive; and that if the City could set up a pilot 005)
project on its property - Welwood Library, or the Fire
Station on Indian Avenue - as an example of what can be
done.
Councilmember Hodges stated that she did not think the
program would be successful if there is not the support
of Main Street, or the Chamber, or both; that the option
should be on the part of the landlord, and the City should
only be involved as to the fact that it, too, is a landlord;
that the program will only be successful if people have
a vested interest in the project; that the program, per
se, should be administered by a group other than the City;
that there should be an approved list of plants, pots,
Pot sizes, and the number of pots allowed, from which
a property owner, or merchants, may make a selection;
that the pots would have to be maintained by the property,
and the owner liable for any claims as a result of the
pots, and the City protected against such claims; that
she did not favor a split-type program on maintenance,
with the City paying part of the cost; that whoever owns
the pots, should maintain and be responsible for them.
Councilmember Murawski stated that many of the merchants
were excited about the program, and want to participate,
and a sample area would give a visual idea of what they
would be able to do.
Council Minutes
11-21-90 Page 8
�-
4. DOWNTOWN FLOWER POT BEAUTIFICATION (Continued)
Councilmember Hodges stated that she understood the idea
of a sample situation, however, felt that the City staff
should not spend any additional staff time in pursuing
that aspect, rather whoever is going to administer the
program should develop the specific design, type of plants,
possible locations, prices, agreements for maintenance
and liability protection, and that that organization,
not the City staff, should market it to the community
- perhaps city-wide, not just downtown; and that the City
as a property owner, could chose from those specifics
as it deems it appropriate to fund for its properties.
Councilmember Neel stated that there should be a specific
plan agreed upon; that there are many problems with the
concept, in his opinion, in that there will be pilferage
and breakage; and that it would be a good idea to improve
the City owned parcels.
Director of General Operations stated that; Main Street
is interested in the project, and he can give it the
information he has, and let it develop a proposal and
ask the Council if it wants to participate as a landowner.
Councilmember Broich stated that he agreed with a pilot
program, in order to let people see what is being proposed;
that he supports such a pilot project at the Welwood Branch
Library, showing it to Main Street, and see what it can
do to carry the program.
Councilmember Hodges stated that such a ,process places
the creation of the program on the City, and it is not
the one who will administer it; that the City' s
participation should be selecting from a program that
they design which may or may not include terra Gotta pots;
and that the program will not materialize iif they do not
take responsibility for it.
It was moved by Murawski , seconded by Broich, and carried
by the following vote, that the Council authorize a piilot
project for the Welwood Library, at a cost up to $5,000;
and that it be presented for approval before proceeding
with installation; and that the Redevelopment Agency bear
the cost:
AYES: Broich, Murawski & Neel
NO: Hodges
ABSENT: Bono
City Attorney stated that the staff will need to determine
if the improvement qualifies for use of redevelopment
funds, and will need to come back on the Agency' s agenda
for such approval .
5. AIRPORT TERMINAL EXPANSION
Recommendation: That the Council authorize staff to proceed
with preparation of documentation to receive Federal
approval for a passenger facility charge of $3 per enplaned
passenger to fund the second phase of the Terminal
Development Plan. (051-
Director of Aviation highlighted his report, and stated 056)
that 55-65% of the arriving passengers go somewhere other
than Palm Springs, and the charge will apply to passengers
leaving from the Airport.
Council Minutes �_ •^
11-21-90 Page 9
5. AIRPORT TERMINAL EXPANSION
Councilmember Hodges stated that consideration might also
be given to apply the charge to arriving passengers, as
those who are leaving may use alternative airports, or
means of transportation.
Councilmember Murawski stated that the City should be
able to publish the best rates as possible for the area.
Director of Aviation stated that the fee will appear on
the advanced ticket, by whatever guidelines the U.S.
Department of Transportation sets; that it is important
to recognize that all of the charge will come back to
the city via the airlines, resulting in increased services;
that the fee would go into effect in January, 1992, since
its imposition will not be authorized by the Federal
Government until after July, 1991. In answer to question
by Council , he stated that the fee per se does not increase,
rather the revenue increases as a result of increased
number of passengers; that if the fee were completely
in place, the City would be able to proceed with full
development agreements with the airlines for the first
$11 million expansion, and that the City has what is needed
to move ahead with the entire phase, however, bonds will
not be saleable without the revenue stream which will
come from the fee.
Councilmember Broich noted that the fee is essential if
the Airport Terminal expansion is to be a reality.
Res 17337, as recommended, was presented; after which,
it was moved by Neel , seconded by Murawski , and unanimously
carried, Bono absent, that R17337 be adopted.
6. P.S. ASSISTED LIVING CENTER
Recommendation: That the Council approve actions concerning ( 116-
the delivery of Certificates of Participation to finance 070)
the Congrecare project, a residential care facility for
the elderly; and reapprove execution of certain documents
in connection therewith. Memorandum of Director of Economic
Development by the Assistant Director.
Res 17338, as recommended, was presented; after which,
it was moved by Hodges, seconded by Neel , and unanimously
carried, Bono absent, that R17338 be adopted.
7. SIGN ORDINANCE COMMITTEE
At the November 13 study session, Council requested that
an item be listed on the agenda to consider action to
create a committee relating to the Sign Ordinance.
(103-
Councilmembers Hodges and Broich agreed to serve as a 038)
liaison committee, to be appointed by the Mayor and
confirmed at the next meeting.
CONSENT AGENDA:
8. Res 17339 declaring intent to vacate Hermosa Drive, from
Francis Drive to San Rafael , originally shown on TM 16864,
Section 2, and setting hearing for December 19, 1990. (145-
9. Res 17340 granting easement for electrical facilities to QOl)
Southern California Edison Company, for two areas on San Rafael
Drive, generally west of Sunrise Way, Section 35, for A.D. (147-
154. 001)
- Council Minutes
11-21-90 Page 10
10. Res 17341 approving final development plans for PD 203, for (116-
Congrecare, Inc. for an elderly care facility on Sunrise Way, 070)
between Amado Road and Desert Palm Drive, Section 13.
11. Res 17342, 17343, and 17344 approving Payroll Warrants and (086-
Claims & Demands (2) respectively. 009)
It was moved by Neel , seconded by Hodges, and unanimously
carried, Bono absent, that Resolutions 17339 through 17344
be adopted.
ADDITIONAL LEGISLATIVE ITEMS (Satisfied agenda posting requirement;
materials at study session)
1.2. TAHQUITZ INTERPRETIVE CENTER - TKD AGREEMENT
Assistant Planning Director reported that the Tribal Council
did not want the City to administer the full contract,
and the City share will be a maximum of $5,000 which can
be approved by City Manager, and the other one-half cost
is to be paid by Tribal Council (109-
011)
City Attorney stated that the contract would still be
in the same format, and a clause would be added to look
to the Tribal Council for the remaining one-half, and
that the City is not liable for that payment.
13. PS INTERNATIONAL RACEWAY EIR CONSULTANT
Recommendation: That the Council authorize contract with
Cotton Beland Assoc:iates,Inc. , to prepare the draft and
final EIR for the P.S. International Raceway.
Assistant Planning Director revised the basics of the
agreement, that if this matter is continued, there would
be no further work done on the EIR, except what is done
by the staff; that if the consultant proceeded, the draft
should be completed by December 12, after which there
would be a 30-day review period before hearings are
commenced by the Planning Commission; and that there would
not be a direct loss to the City if the matter- is delayed.
Councilmember Murawski stated that the consideration is
not who prepares the report, rather the what is the best
economic way in which to proceed; and that once the City
Attorney completes his review, perhaps a combined report (116--
would be better. 074)
City Attorney stated that since the Annexation issue has
been continued, it would also make sense to continue this
matter, and some issues addressed in closed session.
In answer to question by Council , Assistant Planning
Director reported that the firm was originally retained
by the developer, through an agreement with the County
in 1987 or 1988 to do the first EIR under a County
application; that the application to the City was submitted
in November, 1989, and the question of who should prepare
the EIR was considered, and it was thoughit that because
of the amount of work that had been done, and there was
no legal reason for the City to assume the contract, that
the developer was authorized to hire and work with
Cotton-Beland; that the noise study is being completed;
that the change in the contractual relationship from the
developer to the City is because of a court decision in
August, relating to a city' s determination of a report
Council Minutes
11-21-90 Page 11
13. PS INTERNATIONAL RACEWAY EIR CONSULTANT (Continued)
contracted for by a developer, which is inconsistent with
other court cases taking an opposite view; and that City
Attorney recommended that the developer-consultant-city
relationship be severed, and it be only consultant-city;
and that the technical reports have taken a long time
to complete.
It was moved by Murawski , seconded by Hodges, and
unanimously carried, Bono absent, that this matter be
continued to December 5, 1990.
ADDED STARTERS: - None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
PUBLIC reports or requests
a) Bill Byrne, 301 Overlook, stated that he believed
the differences that the Friends of the Environment (116-
have concerning the annexation areas can be worked 074)
through; and he did nct think there would be litigation.
STAFF reports or requests
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to Tuesday, November 27, 1990, at 2 p.m. , in
the Large Conference Room, City Hall .
'-..%JODITH SUMICH
City Clerk
r