HomeMy WebLinkAbout2000 - MINUTES - 9/20/2000 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
' SEPTEMBER 20, 2000
A Regular Meeting of the City Council of the City of Palm Springs, California, was called to
order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on
Wednesday, September 20, 2000, at 5:30 p.m., at which time, the City Attorney
announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was
convened in open session.
ROLL CALL: Present: Councilmembers Jones, Hodges, Oden, Reller-Spurgin, and
Mayor Kleindienst
Absent: None
The meeting was opened with the Salute to the Flag, and an invocation by Reverend Joe
Placencia, PS Church of Christ
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on September 15, 2000.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 6 of agenda this date.
PRESENTATIONS: Police Department.
' HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: - No Business
Adjourn as the Community Redevelopment Agency; remain in session as the City
Council.
PUBLIC COMMENTS:
a) Comment regarding item 14:
Willie Holland, representing Desert Highland area, stated that much multifamily
housing was being eliminated; that in fact more multifamily housing is needed;
that it does seem that there are certain areas being targeted; that there are
potential investors coming to the area to fix-up affordable housing; and added
that City should not encourage another Section 14 "happening" to the
neighborhood.
b) Comments regarding item 15:
Joe Bundura, Eagle Rider, stated regarding item 15 the regulations would allow
motorcycle rentals in the C-1 zones; that the clientele for rental of Harley
Davidson motorcycles is middle and upper income and European Tourists; that
the allowance of the rental agency in the downtown would present a nice
' atmosphere for clientele.
Council Minutes
09-20-00, Page 2
Susan Salk, Palm Springs business owner, stated that the current Ordinance ,
regarding spa issues is outdated; that in an exercise studio spa treatments are
not unusual; and that for massage purposes it is better to have a studio, rather
than go to people's homes.
Eric Langmann, Palm Springs Hotel Association representative, requested
Council approval of item 15; and added that the rate signage in some hotels does
need to be changed and presented pictures of various usages of signs.
Stan Finn, Desert Massage Therapy, stated that he is licensed in Palm Desert,
but cannot get a license in Palm Springs; that obtaining the license in Palm
Springs is based on the number of rooms a hotel has; that no one else in the
Valley requires a massage therapy to be licensed in conjunction with hotel
rooms; that people come here to escape, relax and unwind and that includes
getting a spa treatment and massage; and recommended approval of item 15.
Jack Schlow, 15910 Falls Creek Rd., regarding item 15, stated that the 300 foot
height of windmills destroys the vista; that the towers are too visible; and that the
sight of the towers are ruining the entryway to Palm Springs.
Less Starrs, 164 Vista del Oeste, regarding item 15, stated that the windmills are
two times higher than the Statue of Liberty; that the views where the windmills
are has been destroyed; and recommended the Council deny any installation of
windmills. '
c) Comments regarding item 16:
John Harrell, 325 W. Overlook, Historic Site Preservation Board Member, stated
that while the HSPB did not declare the Ralph's store as an official historic site,
the Board does feel it does have historic value and that at its next meeting
determination will be made regarding the designation.
John Williams, no address given, stated that there should be a density concern
with the project; that the site does have historic significance; and recommended
the Council retain the building if at all possible.
Gary Bever, representing Ralph's, stated that the critique from the last meeting
was appreciated; that many of the concerns have been addressed in the plans;
that back of house issues have been complied with; that Sav-On will be shifted
closer to the intersection and the entrance will face Ralph's; that the architecture
will continue to be worked on; that the goal is provide a center that is unique and
will satisfy the consumers need; and added that Ralph's is willing to work with the
City regarding the center.
Nickie McLaughlin, 2221 Janis Dr., stated that there has been a statement made
that there are enough Albert Frey buildings designated as Historic Sites, that
recently there was Picasso showing in which one could view 45 Picasso '
paintings and questioned would that be enough.
Council Minutes
09-20-00,Page 3
' Robert Hargreaves, Best, Best & Krieger, stated that it seems there is a
persistent pattern to keep the citizens in the dark about this project; that his
clients, Cheeky Monkey and the Laundromat, have been refused meetings with
the project developer; that the leases do have a cancellation clause of 90 days;
and questioned if the City has an obligation to the property owner with regard to
a threat of condemnation and how will the City assist the small businesses in
relocation costs.
Pete Moruzzi, 1056 San Lorenzo Road, stated that the Historic Site Preservation
Board will be holding a public hearing on October 10, 2000 regarding the
designation of the Ralph's site as historic; and requested Council consideration
to stay any action until after the Board meets or to require an EIR.
Wally Rau, no address given, Laundry Owner at Smoke Tree, stated that the
traffic of delivery trucks in the shopping center goes on all day and night; that the
proposed project does not have a sound barrier; that the tenants to the rear of
the project will be bombarded with noise; and that the project should be required
to have an EIR for noise impact mitigation measures.
Peter Sotiriou, no address given, stated that he recently moved to the area for
the architecture aspects of the City; that a grocery store can be located
anywhere; and that this particular site should be kept and designated as historic.
Walter Volken, no address given, stated that the Smoke Tree area does not
warrant a superstore and added that the Center should be kept.
Gladys McMillan, no address given, stated that personally she is looking forward
to a new shopping center and was encouraged by the project.
d) Comments on matters not on the agenda:
Long-time community activist, Frederick McCarey Ebeling, passed away and the
following members of the Community paid tribute to his life.
Wendy Busig-Kohn
Kurt Gardner
Bob Garner
Don Frank
Rodell Henshaw
Dean Stephen Kaufmann
Chuck Owen
Phylis Silver
Council Minutes
09-20-00,Page 4
APPROVAL OF CONSENT AGENDA: Items 1 thru 13, except Item #10. ,
It was moved by Oden, seconded by Reller-Spurgin, and unanimously carried,
that Items 1 thru 13, excluding item 10, be adopted.
1. Approval of Minutes of August 2, 2000. Approved.
2. MO 6710 approving agreement with Dozier Appraisal Company for airport
property acquisition for $14,500, A4277; and MO 6711 approving Amendment#2
to A3777 with MacKenzie and Associates for appraisal report services for airport
property acquisition for $4,500, total contract $10,300; and MO 6712 approving
Amendment #1 to A3912 with Overland Resources, Inc., for relocation services
for airport property acquisition for$39,160, total contract $66,360.
3. MO 6713 authorizing US Filter Operating Services to proceed with .ground water
dispersion model for$100,000. A4121. Jones Abstain, due to financial interest
in US FILTER.
4. MO 6714 approving agreement with Earth Systems Southwest for materials
testing, services and reports, for construction of improvements related to East
Palm Canyon/Gene Autry Trail widening, for$12,174. CP92-36. A4278.
5. MO 6715 approving Change Order#5 to A3902 with G & M Construction for '
underground storage tank removal and replacement, for a decrease of
$6,697.99, CP95-17. Hodges Abstain, Client of Employer.
6. MO 6716 awarding bid for two dump trucks to Ramsey Street Ford, Banning, for
$63,528.
7. MO 6717 approving purchase of 4 service truck bodies on a sole source basis
from Phenix Enterprises, of Pomona, for$20,127.70, plus tax and freight.
8. MO 6718 approving cooperative purchase of two light attack fire engines from
American LaFrance, of Ontario, including trade-in of 5 surplus fire vehicles, for a
net cost of$168,771.85.
9. Res 19905 approving one-year time extension of Preliminary Planned
Development District 246, in lieu of change of zone and tentative tract map
28507, subject to conditions, for property located at the northeast corner of
Highway 111 and Gateway Drive, R-1-C zone, Section 34.
10. See Extended Consent Agenda below.
11. Res 19906 approving gift deed from Palm Canyon Ranch for property located
within the Santa Rosa Mountains, west of Bogert Trail, north of Andreas Hills
subdivision. '
Council Minutes
09-20-00,Page 5
' 12. MO 6719 approving purchase change order with Har-Bro, Inc, for damage
removal at southeast wing at 538 North Palm Canyon (Palm Canyon Theater) for
additional $26,000.
13. Res 19907 and 19908 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Hodges 956767 Bergheer Across from residence
956832 DWA Client of Employer
956867 Chris Foster
956870 G&M
956985 Preferred Plumbing
Reller-Spurgin 957128 Spouse
EXTENDED CONSENT AGENDA:
10. FRINGE TOED LIZARD
Recommendation: That the Council approve an MOU between Cathedral City,
Coachella, Desert Hot Springs, Indian Wells, Indio, LaQuinta, Palm Desert, Palm
Springs, Rancho Mirage, Coachella Valley Association of Governments,
California Department of Fish and Game, the US Fish and Wildlife Service, and
Center for Natural Lands Management regarding measure to minimize and
mitigate take of the Coachella Valley Fringe-Toed Lizard; establishing $600/acre
Fringe Toed Lizard Mitigation Fee.
Director of Planning & Building reviewed the staff report and requested the
matter be continued to October 4, 2000.
City Attorney stated that the memorandum states that there will be no obligation
to the General Fund if the budget is not met, but goes on to state that the City
shall be obligated for the fees; that the language does need to be improved; that
there has not been a willingness on all parties to change the language; and that it
is recommended that the item be continued, until the language of the MOU is
resolved.
Councilmember Reller-Spurgin questioned whether the item would be going to
the CVAG Executive Committee.
Councilmember Hodges stated that the matter was discussed at the last meeting;
and that it was suggested that backup funding be allocated from CVAG funds.
1
Council Minutes
09-20-00,Page 6
Mayor concurred with Councilmember Hodges and added that the language of '
the MOU has not been changed to reflect the funding language; and that the:
matter should be continued to October 4, 2000.
Motion to continue the matter to October 4, 2000 was presented; after which, it
was moved by Hodges, seconded by Oden, and unanimously carried that the:
motion be adopted.
PUBLIC HEARINGS:
14. PARHAM NOORI-ESFANDIARI APPEAL
Recommendation: That the Council consider appeal of the Planning
Commission decision to deny a request for a time extension of a non-conforming
use and exterior modification to property located at 3775 El Dorado Blvd., R-1-1)
zone, Section 34.
Director of Planning & Building reviewed the staff report and added that the
property is unoccupied.
Mayor declared the Hearing open.
Parham Noori-Esfandiari, appellant, stated that efforts have been ongoing to
make the property habitable; that currently the request is to allow one unit to be '
lived in; that if one unit was occupied, the building could be monitored for
damage by vandals; that he was given the understanding that an extension could
be granted; that there has been no cooperation on the part of Code Enforcement;
that questions have been given to staff, but with no response; that affordable
housing is needed in the City and should not be destroyed; and requested the
extension of time be granted.
Willie Holland, no address given, stated that all do not agree with the
recommendation; that while renovation programs are needed, affordable housing
should not be torn down; that one of the main problems in this location is the use
of drugs; that the Police Department is not addressing the problem; that if dealers
are busted, they are back on the street in a short time; and that all the problems
in this Community need to be addressed.
There being no further appearances, the hearing was closed.
Police Chief stated that drugs in the area are problematic; that there is work on a
daily basis in the area; and that the Coachella Valley Task Force is working on
the issue.
Councilmember Oden stated that the comments by Revered Holland were
approached; that the Council had met with leaders of the Community to find out
and address the direction the Community wanted to go; that the direction has '
been followed; and questioned if the direction has been changed.
Council Minutes
09-20-00,Page 7
' Director of Planning & Building stated that there are ongoing meetings with the
Community; that this project is somewhat different; that the use is coming up
after 10 years of the change of zone; that the structure is nonconforming; that the
building should be single family not multifamily; and that it may be time to meet
with the Community again to reevaluate concerns.
Councilmember Oden stated that there are a number of requests for affordable
housing; that many are in need; that the program that was set in place was what
the Community voted on, and to change direction without full input is
uncomfortable.
Councilmember Hodges concurred with Councilmember Oden and added that
the neighborhood did want the area to be cleaned up.
Councilmember Jones concurred with Councilmembers Hodges and Oden and
added that while the pulling down of a building is not something favorable, it is
the directive given by the Community.
Resolution 19909 upholding Planning Commission decision was presented; after
which, it was moved by Hodges, seconded by Oden, and unanimously carried,
that R19909 be adopted.
15. ZONING ORDINANCE AMENDMENTS
Recommendation: That the Council consider amendments to the Zoning
Ordinance concerning outdoor lighting regulations, the height of commercial wind
energy conversion systems, motorcycle rental in the C1 zone, subject to
conditional use permit, rate sign regulations, day spa regulations, and non-
substantive miscellaneous amendment to promote clarity.
Director of Planning & Building reviewed the staff report and proposed ordinance
changes.
Mayor declared the hearing open.
Stan Finn, Desert Massage Therapy, requested the ability to provide massage
services at the Desert Isle to more than just residents.
Joe Vonderall, Harley Motorcycles, requested the ability to rent Harleys in a C-1
area and added that the entire operation will be conducted in a high-end manner.
Peter Sotiriou stated that the windmills should be stopped, and questioned if the
proposed amendment would allow for additional windmills, and or replacement of
the smaller ones.
Frank Tysen, 175 S. Cahuilla, stated that the proposed ordinance in relation to
lighting is concise and well thought out; that there may be some additional
tweaking that needs to be done; but that the ordinance should be adopted.
Council Minutes
09-20-00,Page 8
Councilmember Hodges stated that there have been no previous discussions or ,
studies presented to Council regarding the changes; that it is not easy reading,
nor detailed enough to be able to make a decision at this point; and requested
the matter be continued to study session for full discussion.
Councilmember Oden stated that there are many good changes being presented;,
and requested the matter be continued to a study session for full discussion.
Councilmember Jones stated that field trips had been given regarding the lighting
issues; and that when the results of those findings are then placed in legal
terminology it is somewhat confusing.
Mayor questioned if the Council desired to consider portions of the ordinance for
first reading, or to continue the matter as a whole.
Director of Planning & Building stated that it would be preferable to continue the:
entire matter for discussion.
Motion to continue the matter to October 4, 2000 was presented; after which, it
was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried
that the motion be adopted.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
Councilmembers reported on various civic and community organizational
meetings and events which they attended, subsequent to the; last regular
meeting, and announced upcoming events of community interest.
Mayor requested the Airline Services funding be discussed at the upcoming
quarterly budget review.
Councilmember Reller-Spurgin requested future public art pieces be presented to
Council at scale to assist in visualization of the proposed project.
LEGISLATIVE ACTION:
16. TPM 29683 — LUNDIN DEVELOPMENT
On September 6, 2000 Council directed staff to prepare a Resolution of Denial,
without prejudice, concerning Planned Development District 259 and Tentative
Parcel Map 29638 for a proposed single-phased shopping center located on 9.9
acres at the northwest corner of Ramon Road and Sunrise Way, C-1 zone,
Section 14.
Director of Planning & Building stated that there had been some revisions to the
project; that those revisions for the most part were architectural; that a
conceptual drawing would be presented, but that the full design is not yet '
completed.
Council Minutes
09-20-00, Page 9
City Attorney stated that there was some concern regarding whether the property
was under eminent domain; that there had been discussions in the past; that the
discussions did not come to fruition; that there were no agreements or contracts
issued; and that reference to the City being liable for tenant relocation benefits is
not founded.
Councilmember Jones stated that the process has been confusing; that at the
last meeting the Council did vote to deny the project and directed that a
Resolution be prepared for approval reflecting that action; that a similar process
had happened with the Walgreen's project; that the proposal is not impressive;
that the developer should go back to the Planning Commission for site revisions;
that the Council should not be asked to approve a visualization; and that the
Resolution as recommended cannot be supported.
City Attorney stated that the project was not in fact denied at the last meeting;
that in any project, the developer is entitled to know when the final action takes
place, in order to appeal the action; that the resolution was directed to be
prepared without prejudice; that the Resolution does need to make a finding
regarding the Environmental Assessment; that there is a period of 30 days
afterwards to bring action on the City; that the clock does not really start until the
Environmental Assessment is filed with the County; that the Council does have
options; that the options include adopting the prepared resolution, adopting a
resolution without prejudice, continuing the matter to allow the developer to
resubmit some architectural plans for review or to deny the project.
Councilmember Hodges stated that the resolution is not clear, but that it seems
the Council is being asked to approve the project finding that CEQA does not
apply.
City Attorney stated that if the Council denies the project, Section 1 should be
removed referencing the adequacy of CEQA; that the section could be deleted;
and that the thought was that the environmental issues were adequately
discussed.
Councilmember Reller-Spurgin stated that there are several issues; that one
issue is the amount of vacant buildings already available around the City; that
another issue is what will happen to the Smoke Tree store or the Carl Jr's; and
that to approve the project would be a mistake.
Councilmember Oden stated that the first section should not be removed; that
the project is needed and should be approved; that at the last meeting the
Council requested the developer to make revisions and to come back for
consideration and now the Council is denying the project; that this is not the
message the Council should be sending; that while it is true some buildings in the
City should be historically preserved, there are some that are in need of
expansion and remodeling; that the Council is presenting an image of wanting to
entice business; that if the Council wants the developers, then the developers
need to be supported; and that the way this matter has come to conclusion is not
fair to the developer.
Council Minutes
09-20-00,Page 10
Councilmember Reller-Spurgin stated that it is important that the: Council stay, '
consistent with its words and actions; that personally, her statements are not:
founded on the historic significance of the building, but on economics, by
allowing people who are in business, to stay in business; and that her comments
stand.
Councilmember Oden stated that there is a question of what will happen to the
support businesses; and questioned what would happen if the developer just
chooses to build somewhere else; that the fact remains that business is based on
capitalism and competiveness.
Mayor stated that the project is good, but that the design needs improvement;
that the neighborhood in the area needs a larger shopping center; that the:
current facility could close and all would lose; that there are too many pads in the:
project; that the Sav-On is too big to be located on a pad; that it is not the intent
to kill the project, but rather for a creative solution to be found and a welcome:
opportunity for the developer to continue to work with staff and the Council to
better the project; that the project should not be denied on the basis of
architecture; that the developer should be encouraged to rework the project; that
shifting pads from one site to another would make a difference; and
recommended the Council allow the developer to resubmit its proposed
architecture for the project.
Councilmember Hodges stated that the project could be denied as it is and the '
developers resubmit its plans through the planning process.
Director of Planning & Building stated that if the Council denies the project the
developer will not only have to submit new plans, but all new fees would need to
be paid; that the project would need to start over completely; that it is hard to get
a project off the ground once a denial is issued; and that it may be: better to refer
the project back to the Planning Commission to rework.
Resolution 19910 as revised, to delete Section #1 was presented; after which, it
was moved by Reller-Spurgin, seconded by Jones and carried by the following
vote that R19910 be adopted.
AYES: Hodges, Jones and Reller-Spurgin
NO: Oden and Kleindienst.
17. CASE 3.1875 —WHITE BROTHERS INVESTMENT COMPANY
On September 6, 2000 Council directed staff to prepare a Resolution modifying
Planning Commission decision, deferring engineering conditions No 5 and 25 to
covenant.
Council Minutes
09-20-00,Page 11
' Director of Planning & Building reviewed the staff report, no further report was
given.
Resolution 19911 as recommended was presented; after which, it was moved by
Hodges, seconded by Jones and unanimously carried, that R19911 be adopted.
18, ADDITIONAL LEGISLATIVE ITEMS: None
ADDED STARTERS: None
REPORTS & REQUESTS:
DEPARTMENTAL reports or requests - received and filed
19. Treasurer's Investment of July 31, 2000
CITY COUNCIL reports or requests
a) Councilmember Reller-Spurgin requested a report on the progress of the project
in the Economic Development Department.
' PUBLIC reports or requests
a) Gladys McMillan suggested the Stadium be used for youth projects.
STAFF reports or requests - None
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk