HomeMy WebLinkAbout1991 - MINUTES - 2/20/1991 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
FEBRUARY 20, 1991
A Regular Meeting of the City Council was called to order by Mayor
Bono in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday,
February 20, 1991, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Broich, Hodges, Murawski ,
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 Assistant City Clerk: Agenda posted in accordance
with Council procedures on February 15, 1991; that two items
were added at the study session, upon motion by Broich,
seconded by Hodges, and unanimously carried, concerning
funds for operation of Airport perimeter access points;
and Final Parcel Map 26089.
PRESENTATION:
Mayor declared February 23 - 30, 1991 P.S. Mounted Police
Rodeo Week
APPROVAL OF MINUTES:
It was moved by Broich, seconded by Murawski , and unanimously
carried, that the Minutes of January 29, 1991 be approved
PUBLIC HEARINGS:
1. AA 3.084 - HAAGEN APPEAL
On January 16, 1991, the Council continued consideration
of appeal by Alexander Haagen concerning new trellis carport, (III-
and as built landscape plan for 2288 Southridge Drive. 001)
Assistant Planning Director recommended continuing the item
to March 20, 1991.
Mayor declared the hearing open; there being no appearances,
Mayor declared the hearing continued to March 20, 1991.
Motion to continue the item was presented, after which;
it was moved by Broich, seconded by Hodges, and unanimously
carried, that the item be continued to March 20, 1991.
2. CUP 5.0568- JERRY FRANKEL APPEAL
Consideration of appeal by Jerry Frankel from Planning (078-
Commission denial of application for a conditional use permit 027)
to allow a retail tire sales and installation, and auto
service facility at 689 S. Palm Canyon.
Planning Director reviewed the staff report and added that
the property was formerly known as the Mr. Meat property;
that the property is between two restaurants; that concerns
were expressed at the Planning Commission hearing by the
restaurant owners; that originally the Planning Commission
expressed approval of the permit; that a number of people
at the hearing opposed the use; and that the architecture
proposed was top quality.
Council Minutes
2-20-91, Page 2
PUBLIC HEARINGS:
2. CUP 5.0568 - JERRY FRANKEL APPEAL (Coat°d)
Mayor declared the hearing open.
Dennis Illingworth, 549 Fiesta, stated ownership of the
Tapa House bordering the proposed project:; that when he
leased the property for the restaurant he was told the
property was zoned for retail or restaurant; that the proposed
project would be detrimental to his restaurant; that a tire
store would not be located in the central business district
in other cities of the caliber of Palm Springs; that. tire
stores are dirty, dusty, and noisy; that tires will be thrown
all around the site; that the sound survey indicated that
the bays will only be used for two minutes an hour, which
is not believable; that the Planning Commission denied the
permit by a 6-1 vote; and he requested Council denial of
the appeal .
Jack Sonler, operator of Goodyear Tire Store, Palm Springs,
stated that the proposed location will cause problems to
the bordering restaurant; that sights and smells will
discourage customers; that the site is inappropriate for
the downtown area; and he requested denial of the appeal .
Ricky Clay, 190 Hermosa Place, stated that he is a tenant
located behind the Tapa House; that a consortium of artists
are planning on building a studio for students; that the
artists have had problems with noise and unsightly views
before; that the only entrance into his building wiill be
blocked off; that the proposed location is a good site,
and should not be used for a tire center; and he requested
denial of the appeal .
Paci Korpula, Tapa House, stated that when the property
was leased to the restaurant; she was assured that the
bordering property would be something nice; that the proposed
use should be located in an Industrial Zone; that the building
will be too close to the restaurant; that if the appeal
is granted, her restaurant will be forced to close; that
North Palm Canyon generally has nice stores, boutiques,
and restaurants; that once a person drives past Camino
Parocela the area will look like an industrial place; and
she requested denial of the appeal .
Fred Gottshalk, 665 South Palm Canyon, stated that any
business person would not appreciate a tire store located
next to his place of business.
Darrin Downing, F.S. Tire and Automotive, stated that his
business is located a few blocks away, and if the appeal
is granted, he also will try to relocate downtown, that
there are plenty of vacant lots located throughout the City;
and questioned why anyone should not be permitted to locate
anywhere.
Council Minutes
2-20-91, Page 3
PUBLIC HEARINGS:
2. CUP 5.0568 - JERRY FRANKEL APPEAL (Cont'd)
John Hunter, Alemeda, representing Winston Tire Stores,
stated that there are 160 company operated stores, located
in various cities and next to distinguished banks and
restaurants; that the stores are a good operations and
generate $1.4 million in taxes; that the proposed architecture
was upgraded to look like an office building; that tires
do not stand outside the store; that the lot will be
landscaped; that the bays will face towards the rear; that
trucks going down the street make as much noise as the impact
wrenches used in the facility; that efforts are being made
to address the concerns of the surrounding neighbors; and
he requested favorable consideration.
Jerry Frankel , 689 SPC, stated that he was impressed by
the cooperation from the Planning Department and the Planning
Commission encouraged him to move forward at each step that
was taken, until the time of the hearing; that there were
eight objectors at the hearing; that he was not given a
chance for rebuttal at the hearing; that the Planning
Department did explain the appeal process; that he had a
petition to present to the Council from surrounding
businessmen supporting the use. He has submitted pictures
of the property uses of those who objected, showing trash
and refuse on the property and pictures of the industrial
area near his property; that the entire area is automotive
related; that 350 - 400 letters were sent to businesses
to test the area for a Winston Tires store; that the only
objections came from competitors; that money has been invested
in the project; and requested a favorable decision of the
appeal .
Ron Bowen, operator of Churchill 's Fish & Chips, stated
that alot of his concerns have been solved through discussion
with the Winston Tires representative; that his main concern
is noise; that he has been told that the noise will not
be louder than a passing truck; that he cannot gamble that
he will get more business from people waiting for tire
service; and that the noise will impact his business.
j) Alan Bayrak, Palm Springs, stated that there was a tire
store in the Sun Center, doing business as Desert Discount
Center, which was located within two stores of a
restaurant; and that there is precedent for a tire store
to be located downtown.
There being no further appearances, Mayor declared the hearing
closed.
Councilmember Murawski stated that moving the building towards
the back of the lot could eliminate the problem of noise;
and that Council could approve the project at this time.
Councilmember Neel questioned if the usage was consistent
with the Master Plan.
Council Minutes
2-20-91, Page 4
PUBLIC HEARINGS:
2. CUP 5.0568 - JERRY FRANKEL APPEAL (Cont'd)
Councilmember Broich stated that the building frontage is
attractive; and that moving it back leaves the alternative
as a parking lot; that the noise issue has been addressed
in the Environmental Assessment; that if the building were
moved to the back., there would be no buffer zone to the
properties to the west; and he recommended the Council
overrule the Planning Commission decision.
Planning Director stated that to move the building would
change the schematic for the site; that the architecture
is a Spanish style; and that the Planning Division considered
alternative sites, but did not find a suitable one.
Councilmember Hodges stated the architecture does fit the
vision scheme; and that the building is better situated
where it is shown on the site.
It was moved by Broich, seconded by Hodges, and carried
by the following vote, that the Planning Commission action
be overruled, and that the appeal be granted.
AYES: Broich, Hodges, Murawski
NOES: Neel , Bono
ABSENT: None
3. STREET VACATION - VIA SOL CUL-DE-SAC
On January 29, 1991 the Council declared intent to vacate
the right-of-way dedicated for a cul-de-sac at the end of ( 145-
Via Sol , west of Via Norte, in Tract 15620, and set this 001)
as time for hearing.
Director of Community Development stated that the two
properties that surround the cul.-de-sac, have access from
Vista Chino and Stevens Road.
Mayor declared the hearing open; there being no appearances,
the hearing was closed.
Resolution 17427 ordering vacation was presented; after
which, it was moved by Broich, seconded by Murawski , and
unanimously carried., that R17427 be adopted.
4. CUP 5.0570 - GTE SWITCHING STATION
Recommendation: That the Council approve a conditional
use permit to install an unmanned telephone iutility switching (078-
service at 1730 Rochelle Road, Section 1. 028)
Planning Director stated that this is the 'third application
the City has processed for unmanned facility switching
stations; which have been mandated due to growth; that the
growth is not necessarily new growth, but an increase in
the telephones; that Planning Commission recommends approval ;
and that the zoning is R-1-C, and the type of use is suited
to the property.
Mayor declared the hearing open; there being no appearances,
the hearing was closed.
Resolution 17428 as recommended was presented, after which;
it was moved by Neel , seconded by Broich, and unanimously
carried, that R17428 be adopted.
Council Minutes
2-20-91, Page 5
PUBLIC COMMENTS:
a) Spring Break Ordinances:
The following persons spoke against adoption of the Ordinance
regarding banning of motorcycles on Palm Canyon and Indian
Canyon Drive during Spring Break Week.
Jerry Pelton, 2030 E. Acacia
Charles Huff, 1700 Tamarisk (103-
Jeremy Swallow, 11890 Tierra St. , N. Hollywood 001)
John Cosa, 689 Avenida Caballeros
Shaun Gerber, 699 Plaza de Amigo
Shana Marie Prohoff, Avenue 42
Aaron Croach, no address given
Richard Hutchins, Yucca Valley
Greg Williams, Morongo Valley
Scott Beatty, 4740 Calle San Antonio
Mark Miller, Yucca Valley
Ramine Charezon, Rancho Mirage
Bessie Parker, Desert Hot Springs
Theresa Howell , 37278 Mission Drive, Cathedral City
American Motorcycle Association representative, no name
or address given
Arnold Franz, 3268 Desert Vista
Ned Redway, La Quinta, American Motorcycle Association,
Ohio
Robert Lansford, Pasadena
Charlie Parker, Desert Hot Springs
Brian Berry, Morongo Valley
Dan S. Miller, Los Angeles, representing various law firms
Chuck Parker, Desert Hot Springs, stated that the Council
was aware that two-thirds of the audience present wished
to speak regarding the proposed motorcycle ordinance, and
should have been heard at the beginning of the meeting.
Lydia Berritt, 770 Paza de Anza, stated that the public
nudity ordinance is a violation of her First Amendment rights;
that if one is embarrassed to view another' s posterior,
something is wrong with that person ; that no one has the
right to direct another's dressing habits; and that she
would wear a thong bikini whenever she chose.
Dee Dee Stone, stated that the City should use vacant areas
to coordinate events for the Spring Breakers; that creative
people in the community could be assigned to set up contests,
i .e. best bike, worst swimsuit, etc. ; that her concern
is for hikers in that the barriers obstruct the trailheads;
and are hazards in getting to the trails; that the trails
are part of the excitement of being in Palm Springs; and
that people come from all over to hike the trails.
Sylvia Kay, Palm Springs, stated that the Spring Break
attendance has grown from small to large; that Palm Springs
has become a hot spot for the college age group; that
residents also have rights; that the noise from the
motorcycles is so loud and disturbing, that her windows
remain shut day and night; and she suggested that the people
present help with the problem, by talking to the bike owners
who cause the problems.
Councilmember Murawski stated that after consideration,
he could not support the motorcycle ban.
Mayor Bono stated that he and Councilmember Broich are riders,
and to appreciate the fun of riding, however, the issue
is an emotional one; that the residents are emotional
concerning enforcing the ban; that the Council is not stating
that bikers do nott belong on the street, but rather it
is trying to limit the area of usage during Spring Break;
Council Minutes
2-20-91, Page 6
PUBLIC COMMENTS (Cont'd)
b) Anti-Discrimination Ordinance:
The following persons spoke in favor of an Anti-Discrimination
Ordinance
Gary Bostwell , Desert Hot Springs (103_
Debbie Bostwell , Desert Hot Springs 001.)
Steve Ramirez, Palm Desert
Karen Kyser, 777 Via Escula, representing P.S. NOW
Bob Neitz, Vietnam Veteran
Joe Marin, Indio
Andrew Exler, San Fransisco
Bessie Parker, Desert Hot Springs
c) Bill Kuhlman, 402 Sunrise Way, stated that item 8
indicated that the City Council is to make a gift of
$243,000, by cancelling $123,000 debit; that tourism
is the main concern of the City; but questioned if the
City is getting its monies worth from the film festival ;
that in order to raise money the transient occupancy
tax has to be raise; that the question is if the film
festival should justify the expense; that the Plaza
Theater has been upgraded; that services have been
increased regarding the Theater; and that a task force
should be formed to see if the film festival is worth
the expense.
d) George Goldberg„ Palm Springs, stated that RVs are being
parked illegally including at Sunrise Plaza; that the
Police ignore the illegal parking; that the City should
legalize the parking of RVs; that attorney' s fees are
out of control ; that outside attorneys are being
contracted with; that the city should use attorneys
that are located in the Coachella Valley; and requested
the Council to reconsider the contracting practices.
LEGISLATIVE ACTION:
5. HIGHWAY III RELOCATION
Recommendation: That the Council request the change in
the route designation for Highway 1.11, excepting the existing
state highway and waiving the 90 day waiting period in (090-
connection with the relinquishment, so it and adoption by 001)
the State can be processed simultaneously.
Director of Community Development reviewed the staff report
given in detail at the last study session, including revised
resolution, and no further report was given.
Res 17429 as recommended, (revised) was presented, after
which; it was moved by Broich, seconded by Murawski , and
unanimously carried:, that R17429 be adopted.
Council Minutes _ 3r1z
2-20-91, Page 7
LEGISLATIVE ACTION (Cont'd)
6. SUNLINE JPA AMENDMENT - TAXICAB REGULATION
Recommendation: That the Council approve amendment to the
SunLine JPA to allow for taxicab regulation by SunLine.
Director of Aviation reviewed the staff report given in (143-
detail at the last study session, and added that the agreement 001)
would be presented for approval to the SunLine Board on
March 27, 1991.
Resolution 17430 as recommended was presented, after which;
it was moved by Broich, seconded by Neel , and unanimously
carried, that R17430 be adopted.
7. MAIN STREET VENDING CART & STREET ENTERTAINMENT PROGRAM
Recommendation: That the Council approve rules & regulations C%
developed by a subcommittee of Main Street for the
implementation of the vending cart and street entertainment
program in the downtown core area.
It was moved by Broich, seconded by Murawski , and unanimously
carried, that the item be pulled from the agenda.
8. FILM FESTIVAL LOAN
Recommendation: That the Council approve the cancellation
of loans totalling $120,000 made to the P.S. International (050-
Film Festival . 010)
Special Events Manager reviewed the staff report given in
detail at the last study session, and no further report
was given.
Councilmember Murawski stated that the festival should be
self-supporting; that the City cannot continue to forgive
debts; and that the festival directors need to be held
accountable for indebtedness to the City.
Councilmember Broich stated that the repayment could be
moved to year 4 and 5 of the festival , and the repayment
schedule not be implemented this year; that the yearly payment
could be $60,000 per year; that the event is one of the
greatest the City has; that Mayor Bono has worked hard to
promote the event; and that it is difficult to raise money
when an event is being formed.
Councilmember Hodges stated that the festival ticket sales
should be used to pay the debt; that the festival should
be accountable for debts incurred; that the festival will
be self-supporting in the future; and that the City Council
should require the repayment.
Mayor Bono stated that the Film Festival expenses was
$600,000, combined with the City loan of $120,000, or
approximately $720,000; that the City's contribution was
one-sixth of the money needed to have the event; that events
do not just happen, they must be helped along; that this
type of event takes time before the positive impactis felt;
and that the cost to the City is a bargain, compared to
other events the City helps.
7.?Council Minutes
2-20-91, Page 8
LEGISLATIVE ACTION:
8. FILM FESTIVAL LOAN (Cont'd)
Minute Order 4714 as revised, combining the two loans with
repayment of loans in two equal payments of $60,000 payable
on January 5, 1993 and January 5, 1994 was presented, after
which; it was moved by Broich, seconded by Murawski , and
carried by the following vote, that M04714 be adopted.
AYES: Broich, Murawski , Neel and Bono
NOES: Hodges
ABSENT: None
A8. FILM FESTIVAL FUNDING
Recommendation: That the Council approve budget amendment
of $75,000 from the General Fund to 112-320-0218-4466 for
the 1992 film festival . (050-
010)
Special Event Manager reviewed the staff report given in
detail at the last study session, and added that funds have
been shifted to accommodate the amounts requested; that
the $75,000 needed will cover budget expenses until July,
1991; and that the remaining allocation wiill be presented
through the annual City budget process.
Councilmember Hodges stated that budget amendments are
affecting the General Fund; that if a commitment is made
to support these events, the funding will ,Follow; that the
Council needs to evaluate and study the events to determine
if they are in fact benefiting the City; and that she is
not sure whether the Council should be continued to support
the event.
Councilmember Murawski stated that TOT funds are spent for
special events; that the budget was balanced at the start
of the fiscal year; that it is inappropriate to amend the
budget, that the entrepreneurial approach is needed to raise
funds; that the City could match funds that: are raised for
events; that the fund-raising issue should be investigated
further; that the offices of the Film Festival event could
be moved to city facilities to save costs; and that a definite
figure needs to be given in order not to exceed amounts
that the Council projects for expenditures.
Councilmember Neel stated that the amount should be considered
as seed money; that the intent of the film festival is a
good one for the City; and that the City should support
the endeavor in any way.
Resolution 17431 amending the budget was presented, after
which; it was moved by Broich, seconded by Murawski , and
carried by the following vote, that R17431 be adopted.
AYES: Broich, Murawski , Neel and Bono
NOES: Hodges
ABSENT: None
Council Minutes
2-20-91, Page 9
LEGISLATIVE ACTION:
9. PD 217 - CANYON AREA - EIR
Recommendation: That the Council approve an agreement with
American Development Consultants to prepare an EIR for the Cd •!
Canyon Redevelopment Area Redevelopment Plan and the Canyon
Park Resort and Spa Specific Plan - Agr #2956.
Director of Community Development reviewed the staff report
given in detail at the last study session, and no further
report was given.
Minute Order 4715 as recommended was presented, after which;
it was moved by Broich, seconded by Hodges, and unanimously
carried, that M04715 be adopted.
10. ORDINANCES FOR SECOND READING & ADOPTION (Intro. 2-6-91)
Assistant City Clerk read titles of Ordinances 1368 through
1372 (6) amending various sections of the Municipal Code (103-
relating to enforcement during Easter Week, public nudity, 001)
infractions, and procession of motor vehicles on public
rights-of-way, and Ordinance 1373 relating to police bicycles
on sidewalks; after which; it was moved by Hodges, seconded
by Murawski , and unanimously carried, that 01368 - 1373
be adopted and that the Ordinance regarding motorcycles,
be received and filed, and not be approved.
b) Ord 1373 relating to police bicycles on sidewalks.
11. ADDITIONAL LEGISLATIVE ITEMS: None
CONSENT AGENDA:
12. Res 17432 declaring intent to vacate r/w for a short street (145-
and cul-de-sac south from Cielo Drive, generally located west 001)
of Panorama Road, Section 3, and setting hearing for March
20, 1991.
13. Res 17433 approving Final Subdivision Map 25829 to divide (137-
property on the south side of Ramon Road, between La Mirada )
and Fern Canyon Road, Section 22.
14. Res 17434 declaring three residential properties on the SE (117-
corner of El Cielo Road and Sunny Dunes Road to be surplus, 025)
and directing sales thereof.
15. MO 4716 approving Supplement 9 to Agr 2547 with Isbill Associates (051-
for ramp and utility work related to the Airport Terminal , 021)
for $129,000.
16. Res 17435 approving claims & demands. (086-
17. Motion concurring in CRA action Res 755 - Res 757. 009)
18. MO 4717 approving funds for the operation of Airport perimeter (051-
access points as required by Federal mandate. )
19. Res 17436 approving final Parcel Map 26089 for property located (119-
on Indian Avenue between Las Vegas Road and Corozon Avenue, 001)
Section 34.
Resolutions 17432 through 17436 and Minute Orders 4716 through
4717 were presented, after which; it was moved by Broich,
seconded by Murawski , and unanimously carried, Hodges
abstaining on item 16, that R17432 - 17436, M04716 and 4717,
and motion in item 17, be adopted.
Council Minutes
- Sri5 2-20-91, Page 10
ADDED STARTERS: None
COMMISSION APPOINTMENTS:
a) Mid-Valley Parkway Citizens Advisory Committee, It was
moved by Hodges, seconded by Murawski , and unanimously
carried that Tuck Broich, primary member, Eli Birer, (1241
004)
alternate member, be appointed.
b) Coachella Valley Mountain Conservancy, It was moved 24
by Murawski , seconded by Broich, and unanimously carried, 00.1(
that Mayor Bono, be appointed. OOa)
REPORTS & REQUESTS:
CITY COUNCIL reports or requests - None
PUBLIC reports or requests - None
STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to Tuesday, February 26, 1991, 3 p.m. , Large
Conference Room, City Hall .
JUDITH SUMICH
City CClerk
--By: PATRICIA SANDERS
Assistant City Clerk