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HomeMy WebLinkAbout1992 - MINUTES - 4/15/1992 CITY OF PALM SPRINGS CITY COUNCIL MINUTES APRIL 15, 1992 A Regular Meeting of the City Council , of the City of Palm Springs, California, was called to order by Mayor Bono in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, April 15, 1992, at 7:30 p.m. ROLL CALL: Present: Councilmembers Broich, Hodges., and Neel Mayor Bono Absent: None The meeting was opened with the Flag Salute and an invocation by Rev. John Giffin, United Methodist Church of Palm Springs. REPORT OF POSTING OF AGENDA: Report of City Clerk: Agenda posted in accordance with Council procedures on April 10, 1992. PRESENTATION OF AWARD: Water Environment Federation's "William D. Hatfield Award" (074- to Cliff Graham, Waste Pollution Control Supervisor 001) Mayor expressed appreciation to the citizens of the community for the opportunity to have served the community over the past four years, and the support that has been given to him, for which he was grateful . COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council . HOUSING AUTHORITY, FINANCING AUTHORITY, INDUSTRIAL DEV. AUTHORITY - No business RECONVENE AS CITY COUNCIL APPROVAL OF MINUTES: It was moved by Hodges, seconded by Neel , and unanimously carried, that the Minutes of April 1, 1992 be approved, subject to correction of the roll call to reflect Mr. Neel absent. Councilmember Hodges questioned whether the action shown in the March 18 minutes concerning the Comprehensive Housing Affordability Strategy (Item No. 1) was correctly reflected, in that it showed the matter continued to April 1.5, however, the Council acted on it on April 1, City Manager stated that at times a matter is resolved which permits the item to come back on the agenda during a shorter time. City Clerk stated that she would review the tape, and re-submit the minutes on April 21. City Attorney stated that the minutes are only a reflection of what transpired during the meeting. It was moved by Hodges, seconded by Neel , and unanimously carried, that the minutes of March i8 be continued for approval to April 21, 1992. �-,4�_ Council Meeting 4-15-92, Page 2 PUBLIC HEARINGS: 1. AA 3.0698 (LINDSEY) - APPEAL Consideration of appeal by Charles Lindsey from Planning Commission denial of request for, a time extension of an architectural approval of a proposed 35-unit apartment complex at 2201 S. Palm Canyon Drive. Director of Planning & Zoning reviewed his report., and stated that the Commission 's action was by a 4-2-1-0 vote; that the applicant has detailed his concerns in the letter of appeal , which was included with the .agenda, material , and his view that he has done everything that he has had to do. He displayed the plans for the project as originally approved. Mayor declared the hearing opened. ( 11 Dave Baron, attorney representing Mr. Lindsey, stated 00 that he was just. retained by Mr. Lindsey, and that if the Council did not wish to grant the extension, that it allow a continuance to permit Mr. Lindsey to present his case. He stated that Mr. Lindsey followed the entire plan check process, and his project was approved; that he has invested a lot of money in the project, without any City assistance; and that the project is allowed by right of zone. He referred to a neighborhood petition, a copy was not provided to the City Clerk. The following neighbors in the area spoke in opposition to the project, per se, and to an extension of the architectural approval . Jack Bradley, 125 Camino Encanto, concerned about allowing apartments in the area, stating that there is an apartment complex at E. Palm Canyon, which results in 'traffic, conges- tion, and police problems; and that he did not think; the development would be upscale enough if built at $35 per square foot. Dr. Robert Buetton, 2196 Camino Barranco, stated that his home was built at $150-200 per square Foot, and questioned how an artistically pleasing building can be built at $35 per square foot; that the area should be clown-zoned and made consistent with the residential hillside character; and that if the Canyon Project, or others like it, are accomplished, Palm Springs will be revitalized. Harry Wells, 225 LaVerne Way, opposed multiple dwellings in the area, and commended the Planning Commission for an exhaustive review of the project, and urged it not be approved. Rick Brodie, 250 San Jose Road, also commented about the existing apartments on E. Palm Canyon in this area, which have caused deterioration of that neighborhood, and expressed concern that more apartment housing will cause congestion, traffic: and speeding, and the quality of life will deteriorate. Candice Ensealy (?) , and Mr. Ensealy, 175-176 Camino Encanto, each spoke in opposition, stating that the neighborhood was not aware of the project until recently; that there would have been opposition at the time of the original application; and that the area is more suited to condominiums, and privacy. Council Meeting 4-15-92, Page 3 John Shevlin, 183 Camino Encanto, stated that he believed the project is inconsistent with the surrounding land use; that parking is ina0equate for the needs, and will impact traffic for other `project proposed for the South Palm Canyon area; that the General Plan update will down zone the area, and the project should be denied. Ray Lindsey, Fallbrook, stated that he purchased the property, and has spent over $100,000 in building plans, with the intent of becoming an owner-manager on the site; that the $35 per square foot cost is based on .`$1.4 million construction, plus permit fees, plus architectural fees; that the appraisal on the property was 100 pages in length and was submitted to Inland National Bank for financing; and that he has followed the process. There were no further appearances, and the hearing was closed. Councilmember Neel stated that he is very familiar with the property; that the owner has right-of-zone ability to build; that all of the surrounding residences were in existence when the site was the Casitas del Monte hotel ; that the Planning Commission approved the plan, and he did not see why the extension should not be granted. In answer to question by Council , Director of Planning and Zoning stated that a previous Commission approved the project, and the current Commission denied the extension; and that parking meets code requirements. City Attorney stated that the Council must establish zoning that allows a use of the property, not necessarily the highest use, and there is no liability on the City' s part for down-zoning; that the request is for an extension of an architectural approval of the building, not the land use issue; that the applicant has the duty to present a showing of good cause why he is not able to proceed and get his building permits within the time allotted; that a denial of the extension would be lack of adequate justification. Councilmember Hodges stated that the applicant has requested a continuance, and should be given the opportunity to present his case. It was moved by Hodges, seconded by Neel , and unanimously carried, that this matter be continued to May 6, to allow applicant to make his presentation. 2. TRACT 27388 -- TENTATIVE MAP Recommendation: That the Council approve a tentative tract map to divide 7.74 acres of city-owned property on the west side of Sunrise Way, north of San Rafael into (137- 40 lots (portion of original PD 116) to allow extension 084) of the parcels into the existing self-help housing at Sunrise Norte (TM 17642) . City Manager recommended that this matter, be continued, in order to look at the total area in the event there is a change in the mobilehome park ownership. Mayor inquired if anyone wished to be heard. ." Council Meeting 4-15-92, Page 4 Mr. Zifi , 2918 Biskra, stated that the area is rapidly developing into a high concentration of low and moderate income housing; that the area suffers for lack of park and playing areas for children; that at one time, the City was talking about a major hotel in this area, and asked haw this project relates to it; and that the neighborhood is ethnically well-integrated, and should not be overbuilt, and instead amenities need to be provided. Gary Boyse, CVHC Self-Help Director, stated that this is the third phase in an overall plan approved by the City, and that if the matter is to be discussed, he requested that a -lull staff report be presented; and that the project received staff and Commission support. Mr. Pleasantine (?) 3253 Mountain Shadow, stated that 80-100 people live in the 80-176 mobilehome spaces; that there is a high concentration of units and that if it continues, there will be 5,000 people living on the total 100 acre site, with no parks or other amenities; and that Mr. Boyse asked him what he could do get the approval . Mr. Boyse stated that the mobilehome park is not one of the CVHC projects, rather is owned by the City:; that he thought he might be able to address some of the concerns in developing the property, but was not trying to close doors on discussion; and that he has been dealing with the Planning Commission and only wanted to Find a way to address those issues. Councilmember Hodges stated that perhaps a longer contin- uance is needed, and it would be appropriate for the City to look at the entire 100 acres and see if the planning for it is what is needed in the future. It was moved by [lodges, seconded by Neel , and unanimously carried, that the hearing be continued to June 3, 1992. PUBLIC COMMENTS: a) Comments re Item 3: The following persons spoke in support of appointing Will Kleind•ienst to fill the vacancy on the City Council , based on the fact that he was the third overall highest vote recipient at the April 14 election. (070- Some persons indicated that the existing Council should DOI) make the appointment on this date; and others that it should be made by the new City Ceuncii on April 21: Rick Service, 22.2 S. Palm Canyon Scott Berry, 2265 E. Andreas Stan Barnes, 3155 E. Ramon Leslie DeMesserman, 560 N. Camino Real Mr. Calhoun (?) Joan Gattuso, 264 Debby Drive Greg Smalley, 4284 Calle San Raphael Mark Mathews, 1.1.12 Ave. Caballeros Dawn Mills, 2332 Starr Road Barbara Whitney, 1049 Marion Way Tom Doci , Mel Avenue Dean Hunt, 1920 Belding Drive Fernando Perrier, 275 Camino Norte Latifa I(leztner, Palm Springs 6 Council Meeting 4-15-92, Page 5 Y, The following persons opposed the appointment of Mr. Kleindienst on the basis that he did not run for City Council : Barry Beaumont, 2261 Broadmoor Frank Wiskowski , 2343 Via Lazo John Kimberly 1180 Las Robles, and Jack Smuthers, 162 Avenida Caballeros, each also added that if there is to be an appointment, it should be the next runner-up in the Council race. Additional comments on this topic: Ed Joseph stated that he supported that the decision should be made by the new Council ; and that an appointment should be made of an individual who will bring balance to the Council in terms of the social issues, since the new Council will be comprised primarily of "business" related members. Stan Serasky commented on the lack of ethics by some candidates during the campaign; and urged that the Council appoint Mr. Broich. Dick Shroda urged that the appointment be deferred to the new Council on the basis that it will have to take responsibility for the decision. Ed Kass, 1360 Verano, stated that the people made their choice; that he felt it important there be a full five-member Council ; and that the new Council should make the decision, as they will have to work with the individual . Don Frank stated he preferred a ward system, and hoped that would materialize by November. Michael Mehas, Paseo de la Palma supported that the decision be made by the new Council . Elizabeth Brown stated that the Municipal Code allows the Council to either appoint or call an election, and it should make a decision. Wesley Ross, 175 Geronimo, that a special election may be the price for democracy. Frankie Brown, 670 Calle Palo Fierro, echoed comments made by Mr. Joseph. Mr. Barrantino commented on aspects of the campaign, noting that there were character assaults, that he felt the newspaper discriminated against him and did not give fair coverage; that he felt the candidate' s rigged the LWV forum with planted questions and prepared answers, which the moderator allowed to continue; that the newspaper reported that the race had narrowed to four, which was not true; that he accused the mayor-elect of bribing the newsmedia; that the election results showed he only received 60 votes, and he considered that impossible, and that he believed the ballots had been tampered with. I✓ II. `� Council Meeting 4-15-92, Page 6 Emile Duvernay, 620 Hermosa Drive, member of the LWV, stated that the League does not rig forums, but to provide an opportunity for the public to meet the candidates so they can make intelligent decisions; and that as a former precinct inspector, it is impossible to rig the ballot box; that if an appointment is made, it should be from the Council candidates; and that he preferred an interim appointment, followed by an election in November. Ruth Licata, LWV stated that she would like Mr. Barrantino to prove how the League forum was rigged; noting that it is open to the public, that it follows established rules, which includes types of questions that would address the issues. b) Andrew Exler thanked the City Attorney and City Council for responding to the concerns regarding the "tee-shirt pornography" and for the help of the Police Department in terms of demonstration the previous weekend by gays, lesbians, and others in front of the stores with the offending merchandise. c) Rick Service, 222 S. Palm Canyon, also expressed concern regarding the new Chillers restaurant, and lack of cooperation in controlling cat-calling, and other verbal abuses during Spring Break. He provided a copy of a letter previously submitted; and asked that the City use its clout in rectifying the problem, since a temporary occupancy permit was given. d) Jeremy Crocker, 330 W. Arenas, commented on the SCE franchise report, the amount of electricity generated by the wind farms, and benefit that annexation will lift County restriction, which will lead to adding power generation. e) Erishka Fairchild commended Mr. Bono, and other members leaving office. LEGISLATIVE ACTION: :3. COUNCIL VACANCY On April 1, 19912', the Council continued consideration of filling Council vacancy, and requester) City Attorney prepare urgency ordinance to allow an interim appointment (07 in conjunction with filling the vacancy at a special 00 election. City Attorney stated that the options were previously provided to the Council , and added that whether it chooses to make an appointment, the proposed ordinance has value in providing the interim appointment/election combined option in the future; that since it relates to elections, it may be adopted as an urgency ordinance, and would be in place for the new Council ' s Use. Mayor questioned if there was still an issue about the validity of the date, and opening for litigation. City Attorney stated that any appointment: at this time would be valid; that there is some question about making an appointment on the April 21, because of the lag time between the date of the letter of resignation and the date it was received; that he believed it is supportable to make an appointment on April 21, and that any person who was disgruntled by the decision, could bring suit. Council Meeting 4-15-92, Page 7 Councilmember Broich expressed appreciation to the Council and the community for support over the past Four years, and stated that he felt the Council should make the appointment, and should adopt the ordinance; that he was not an eligible appointee; and that because he was a candidate in the election, he would abstain. He then left the dais. Councilmember Hodges stated that this is of monumental interest to the community; that she appreciates the number of telephone calls and comments she has received as to what should be done; that she does not Feel it is appropriate for the current Council to make the choice - whether to make an appointment or call an election; and that she feels it should be put to an election in November; that the Council can function with four members until then; that if a decision as to the runner-up was going to be made, it should have been made prior to the election; and that she requested this matter be added to the April 21 agenda after the new Council is seated. Councilmember Neel stated that the current Council should not put a mandate on the future Council , and agreed it should make the decision, and any other motion would probably only result in a stand-off. Mayor stated that it is possible an appointment after this date could be subject to litigation. City Clerk read title of Ordinance 14.11, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, (103- ADDING SECTION 2.04.070 TO THE PALM SPRINGS MUNICIPAL 001) CODE AUTHORIZING THE CITY TO FILL COUNCIL VACANCIES BY SPECIAL ELECTION AND THE APPOINTMENT OF AN INTERIM MEMBER. It was moved by Hodges, seconded by Neel , and unanimously carried, Broich absent, that further reading be waived; that Ordinance 1411 be adopted; and that the Council Vacancy subject be added to the agenda of April 21 for consideration after the new Council is seated. 4. FILM FESTIVAL Presentation of P.S. International Film Festival 1991-92 final report. (050- Tony Sloane, Film Festival Development Chairman, reviewed 010) details of the report, noting that there would not have been any loss for the 1992 event if the Festival had received corporate sponsorship which was expected; that it is ahead of its goals in achieving international status as a festival , and ranked about the top 10 for the year. He noted that the report will be substantiated by an independent audit. It was moved by Broich, seconded by Bono, and unanimously carried, that the report be received for filing. Council Meeting 4-15-92, Page 8 5. FLOOD CONTROL - FARRELL BASIN Recommendation: That the Council recommend that the (08 Riverside County Flood Control District' s Farrell Basin 00 be redesigned, including relocation 25 feet south; provision of landscape plan submittal prior to construction, and method of wind erosion control . Director of Planning & Zoning reported that the District will make most of the changes, however, the additional leverage of the Council ' s action will lend weight in that direction. Councilmember Hodges stated that she agreed withi the recommendation, and it should be clear that the City is very adamant in its position. Councilmember Neel stated that he would abstain. Resolution 17828 as recommended, was presented; after which, it was moved by Hodges, seconded by Broich, and unanimously carried, Neel abstaining, that R17828 be adopted. 6. MUNICIPAL CODE AMENDMENT (Intro. 4-1-92) a) City Clerk read title of Ord 1412 amending provisions of Chapters 11.33 and 11.34 regarding the Airport; (103 after which, it was moved by Hodges, seconded by Broich, 001 and unanimously carried, that further reading be waived, and that 01412 be adopted. 7. ADDITIONAL LEGISLATIVE. ITEMS: (Satisfied agenda posting requirements) - None CONSENT AGENDA: 8. Res 17829 approving revised preliminary planned development district for P.D. 20.5 for a retail center on 3.7 acres on (116 the NW corner of Sunrise and Tahqui'tz Canyon, 'including retail 072 and drive-through restaurant facilities - Benco Development, Sec- 14. 9. MO 4988 approving first amendment to Agr 3006 with the Horse Foundation„ concerning the equestrian center„ to require a (109 parking and traffic management plan for special events at 007 the facility. 10. MO 4989 approving a 5-year agreement with Airport Research & Development Foundation to assist the Airport with mandatory (051 storm water regulation compliance; and authorize the Director 026) of Aviation to sign all permits, applications and agreements required for the storm water permit process - A3100. 11. Res 17830 approving a 12-month time extension for PD 209 for 26 single family residences, including 15 two.-story, on 5.94 (116- acres on the NE corner of Sonora and E1 Cielo, Starkey Company, 076 Sec. 19. 12. Res 17831 amending the Comprehensive Fee Schedule to increase (114) dog licensing fees by $2 per license. 13. MO 4990 granting exemption to D14A from street construction restriction policy for lane closures April 22, 8 a.m. to 12 (114- noon, at 2127 Racquet Club Road; and MO 4991 to Southern Calif. 004) Gas Co. , between April 20 and 24, between 8 a.m. and 4 p.m. , on Mesquite Avenue adjacent to DeMuth Park. Council Meel:ing 4-15-92, Page 9 14. MO 4992 authorizing payment of $5,400 to Executive Starr Productions for security services provided during the California (115- Angels 1992 Spring training games. 002) 15. See separate Item 18. 16. Res 17832 and 17833 approving Payroll Warrants and Claims (086) & Demands. 17. Motion concurring in CRA action this date. (124) It was moved by Hodges, seconded by Neel , and unanimously carried, that Resolutions 17829 through 17833, Minute Orders 4988 through 4992, and motion in Item 17, be adopted. 18. SEWER FUND LOAN TO AIRPORT Recommendation: That the Council amend R16417 to reschedule payment of Sewer Fund loan to the Airport for a term of (051- ten years, commencing July 1, 1992. 019) Councilmember Hodges asked how this loan differed from the recent consolidation of loans, and perhaps this matter should be continued for the new Council to address. City Manager stated that the Airport was not a part of the Redevelopment Agency consolidation of loans, and there would be no problem in carrying this forward. It was moved by Hodges, seconded by Broich, and unanimously carried, that this matter be continued to May 20, 1992. ADDED STARTERS: 19. AIRPORT TERMINAL NAME City Manager stated that an added starter had been prepared as requested by the Mayor concerning the naming of the Airport Terminal in honor of Kirk Douglas. (051- 015) Councilmember Hodges stated that since the Airport Commission acted sometime ago, this matter did not qualify as an added starter, and since the Chamber- of Commerce is also working on a draft ordinance on the naming of facilities, it would be appropriate to wait until it is all put together. Mayor stated that he hoped the Council would respond so the issue could be completed. No action. REPORTS & REQUESTS: 20. FRANCHISE REPORTS - Received for Filing a) SCE - $596,546.05 (089) b) So Cal Gas - $151,423.94 (089) CITY COUNCIL reports or requests a) Council Liaisons: Councilmember Broich stated that he was scheduled to attend meetings the following (060- week at the Council appointee to Sunline and the O10) PSDRCVB, and that the liaisons should be appointed quickly. Council Meeting 4-15-92, Page 10 b) Councilmember Hodges asked that the code enforcement check into the ice-cream cart street vendors who are beginning to move into the City. c) Councilmember Hodges asked that an MOU with the Save (099 the Welwood (Murray Library Committee be placed on 005) the May 6 agenda. d) Councilmember Hodges stated that she would be providing staff with sample ordinance that address similar aspects of the tee-shirt pornography issue, and asked if there was a land use permit process or some enforcement that conditions could be imposed on such businesses in the downtown. e) Councilmember Hodges reported that Ray Hutchison was selected as a member of the Riverside County Airport Commission. 21. STAFF REPORTS & REQUESTS - None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned to April 21, 1992 at 3 p.m. , in the City Council Chamber. El,JUDITH SUMICH City Clerlk