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HomeMy WebLinkAbout1/5/2005 - STAFF REPORTS vALM sA City of Palm Springs Office of the City Clerk N (760) 323-8204 W , RRpRATtR FoaN�� fVlE /iORANDUIM Date: January 5, 2005 To: General Public From: City Clerk NOTICE OF ADJOURNMENT NOTICE IS HEREBY GIVEN that the regular meeting of January 5, 2005, of the City Council of the City of Palm Springs has been adjourned to January 6, 2005, at 4:00 p.m., Council Chamber, Small Conference Room, 3200 Tahquitz Canyon Way for the Closed Session as follows: Closed Session — Personnel Matter— City Manager Evaluation — pursuant to GC 54957 I, James Thompson, City Clerk of the City of Palm Springs, California certify this Notice of Adjournment was posted on January 6, 2005, as required by established policies and procedures. i ?'JAM'ESiTHOMPSON City Clerk �� pALM SAP City of Palm Springs Office of the City Clerk W (760) 323-8204 O�A011AT�0+ 41FOR,� MEgUORA\tC UNI Date: January 6, 2005 To: General Public From: City Clerk NOTICE OF ADJORNMENT NOTICE IS HEREBY GIVEN that the regular meeting of January 5, 2005, the City Council of the City of Palm Springs adjourned to Wednesday, January 12, 2005, 7:00 p.m., City Hall, Large Conference Room, 3200 Tahquitz Canyon Way. I, James Thompson, City Clerk of the City of Palm Springs, California certify this.-Notice of- Continuance was posted at or before 4:30 p.m., January 6, 2005, as required,by established policies and procedures. i JAMES THOMPSON , City Clerk HAUSERS\C-CLK\Desk\ADJ MTG NTC 01-05-05.DOC CITY OF PALM SPRING CITY COUNCIL 1.5.05 �y� DEAR MAYOR AND COUNCIL: `" ' 'w�D TONIGHT YOU ARE FACING A TRILOGY OF ISSUES: A SERIOUS LEGAL ISSUE BREACH OF YOUR PLANNER'S INDIVIDUAL AGENDA WITHOUT REGARD FOR THE COMMON GOOD... AS WELL AS YOUR MORAL ISSUE OF PROTECTING THE PUBLIC TRUST. I SOMEHOW DON'T THINK THAT THE PAST AND PRESENT MAYOR AND COUNCILS TRULY UNDERSTOOD THE MORAL, ETHICAL, AND LEGAL OBLIGATIONS THAT YOU ARE UNDER TO NOT ONLY PROTECT THE SAFETY, HEALTH AND WELL BEING OF THE RESIDENTS OF PALM SPRINGS....BUT TO UPHOLD THE FEDERAL, STATE AND CITY LAWS THAT STAND BEFORE YOU. IT IS A TRAGIC LEGACY THAT OUR LONG OFFICED PLANNER HAS LEFT IN THIS CITY AND VALLEY. HE HAD A "PERSONAL VISION" OF PALM SPRINGS.......AND IN THAT PERSONAL VISION HE FAILED TO OPENLY COMMINCATE, SHARE, TEACH, and INFORM THE CITY AND THE PEOPLE ABOUT ALL THE VITAL IINFORMATION .....8 OR MORE YEARS WORTH....ABOUT WATER OVERDRAFTS, DISMISSING THE IMPORTANCE OF EPA WARNINGS, AND MUCH MORE. THE PROBLEM WITH HIS SYSTEM IS THAT THE LAST MAYOR AND COUNCIL AND THIS MAYOR AND COUNCIL, AS WELL AS THE PLANNING COMMISION, WERE MAKING DECISIONS BASED ON ONLY PART OF THE INFORMATION NEEDED TO MAKE GOOD INFORMED DECISIONS. WHEN FACED WITH THIS REALITY...........YOU REALLY ONLY HAVE ONE CHOICE. THAT CHOICE IS TO "TABLE ANY DEVEOPMENT DECISIONS...........UNTIL YOU HAVE ALL THE INFORMATION ON PROJECTS IN YOUR HANDS........BY BRINGING IN A"NEUTRAL" OUTSIDE PERSON TO GIVE YOU THE REAL INFORMATION YOU NEED TO MAKE INTELLIGENT AND RESPONSIBLE DECISIONS ON PROJECTS. ACTUALLY, LEGALLY, ONCE YOU ARE AWARE THAT NOT ALL INFORMATION WAS GIVEN TO YOU, YOU ARE OBLIGATED "TO TABLE"DECSIONS, UNTIL AN UNBIASED REVIEW TAKES PLACE." IF YOU IGNORE YOUR RESPONSIBLY, THERE IS NO QUESTION A SERIES OF LAWSUITS WILL BE FILED AT ONCE. YOU ARE ON NOTICE THAT FEDERAL, STATE, AND CITY LAWS STAND IN FRONT OF YOU. HOPE BURNS ETERNAL THAT THE CITY OF PALM SPRINGS WILL NOT BREAK THE LAW AGAIN, AND REALIZE THAT ELECTED POSTIONS ARE ELECTED TO REPRESENT THE PEOPLE. AND THE PEOPLE ARE DISGRUNTLED AND SIMMERING. THANK YOU. ,,�NEISMITH'� {�{�r`�nh'e.� 12I19 �04 �, Jc,S - Sa n-- Save Palm Springs from San Fernando-zation With all of the"visioning" job which ceases to exist. `' __ 'Mart and Hame Depot right missions,then rubb -stamped Instead of filling in vacant Becomes which have been weU- 'We have also been Told that 'to our one doorway and a by the Council appa enTly with storefronts and tearing down attended by the citizens of this we need many high-end massive human warehouse no real drought of at The ramshackle buildings,our rS. homeless shelter)to the oth- end result,the overall picture cormcils continue to allow the town,it is difficult to imagine homes if we are to lure high- S. e grading over of virgin land and ` _- er?Whether the latter hap- would be, gr g how our City to will n ticket stores back w our "be- (,__, ' _ ens or not,what was the Instead of using money to lov- the can of taller and able to come to any decision as causeleaguered downtown and"be- %' p to what"our"vision should cause we need the money."If ¢;/� !:�� mind set of the mayor who ingly restore and presierve the Taller buildings.Instead of "F s_;> be.They seem to be deeply the City Council would drive <;. considered it in the fits[ beauty and ambiences of Dirt spending money to build more _!-- lace?Of all of the other town(which would assure our bike paths,riding and hiking conflicted,or worse,simply in- up and down the streets of ROXANN FLOSS "first-class tourist destina- place in the tourism hierarchy), trails,our Councils throw different on that point.For ex- Palm Springs and look at the VALLEY VOICEof ample:For many months now, newly remodeled homes,as I [ions"or luxury-living towns our Councils allow historic sites money aria developer to be torn down(as with the "nude bridge"used with a we have heard of the need to have,they would notice that a like Vail,Colorado,Palm seen as more"business friend- large number of these are cur- sold,the increase in property Beach,Florida,Taos,New Palm Springs sign)of to fall into amazing infrequency. ly."So the council agrees to rently listed at$700,000 on taxes aver those of the previ- Mexico,Santa Barbara,As disrepair,thus also threatening Apparently,our Councils can- bring in a Super Wal-Mart,a up to$1,400,000.The"high- ous owner will add mightily to pen,Nantucket,Beverly Hills; their ultimate demise e p not decide pwhe er they the wish to o- known destroyer of small busi- end"homes are already here the city's strapped coffers. have any of them built or even Instead of decidia upon a be Palm Springs ,cases.Fax from being the job- and we did not need 1 terrace The term"branding"has discussed building either of "look"or a"brand"for all new nando Valley.It isntime forew a a creator as Foreseen by Mayor or grade any more mountam- been tossed about as well.If these things at their main par- buildings,our Councils contin- new beginning Oden,quite to the contrary, side in order to get them. we wish to be known as a tals of entry?I doubt it. us to approve bad-imitation at- new council. many store clerks and baggers These remodels(and new, first-class tourist destination, This council and its prede- chitecone over"the Palm to whom I have spoken fear single-home constructions) for instance,could the mayor cessors lost its"vision a long Springs look."Instead of fnd- thaT they will lase their current have also provided a lot of and the City Council please time ago and have been stum- ing a way to entice boutique An Plow ia,8 34-year resident jobs which not only pay better work for local craftsmen as describe the"brand"they en- bling around looking fora shops and fine-line stores back of Palm School So and a Sturecdios ychered than the Walton company but opposed to those huge tract vision when they are approv- 'pathway ever since.Things to downtown,our councils so- High School Social Studies Teacher also supply a benefit package. - developments which often use ing projects which will bring have been steamrolled through licit the"big-boxes"and more with the Palm Springs Unihed School Their union cannot protect a non-local talent.And,once big-box stores such as Wal- the Design and Planning Com- fast food shops. Distdet YOUR VOICE Casa de Oro HOA P.O. Box 9186 Palm Springs, CA 92263 (760) 272-6229 (760) 416-0509 Fax January 5, 2005 hmo Honorable Mayor and Council David Aleshire, City Attorney David heady, City Manager Chief Jeandron, Police Department Dave Barakian, City Engineer Planning Department Fire Department My name is Leane Lee and I represent Casa de Oro Homeowner's Association. � � r s complex is located on the southwest corner of Palm Canyon and Via Escuela. is located on the northeast corner of the same intersection. Since Toucan's opened we have had to tolerate a number of problems that only get progressively worse. Following are our complaints: 1. The traffic at that.intersection has increased significantly, where there was already a site distance problem. One only needs to look at the SWTRS to see the increased number of traffic accidents, and then there are all the near misses. This is made worse by the DUI drivers leaving Toucan's. 2. There is insufficient parking for Toucan's at this location resulting in large numbers of cars parking in the dirt field south of their location stirring up dust. With the parking along the north side of Via Esceela, between Palm Canyon and Indian, Via Escuela is reduced to a one lane road at night and frequently during the day. 3. This city has a noise ordinance, Municipal Code Section 11.74. The noise level limits are outlined. However, Toucan's, almost nightly, exceeds the limits of the ordinance. Our association purchased a noise meter and conducted readings to support this claim. Those readings range from 55 up to 75 decibels. however, upon calling the had no means for measuring the noise level, police the responding officers advised they consequently they were unable to enforce the ordinance. And now that the police will not be responding to any misdemeanor calls there will be absolutely no enforcement. Upon notice to Planning of this situation, they referred the matter to code enforcement (See copy of email attached). That was two months ago, and to date nothing has been done to change the situation nor has there been any resp0ase to our c0mplamt, However, it is not likely that code enforcement, who works basically 8 AM-5PM M-F, is going to address the excessive noise at ToucanI s from 10 PM to 2AM, including weekends. �� In addition to the loud music, pounding base, shouting patrons, and that is just inside the ar shouting and screaming patrons, tine auto horns establishment, on the outside we also he and tripped car alarms that go on for hours. 4. Increasing reports of illegal drugs and illicit activities occuring inside ai outside this business. The conditions of approval for Toucan's state the following conditions which must be met in order to operate their business: PLANNING CONDITIONS: Condition#1 —The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance,Municipal Code, or any other City Codes, ordinances, and resolutions which supplement the zoning district regulations. Condition 42—Non-compliance with any ofthe conditions cfthis approval, or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems(not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the operation of the establishnnent; as determined by the Chief of Police or the Director of Planning and Building, may result in commencement of proceedings to revoke the Conditional Use Permit pursuant to Section 9402.001 of the Zoning Ordinance. ->n addition, violations of City Codes and Ordinances will result ire enforcement actions which may include citations, arrest,temporary business closure, or revocation of this permit in accordance with law. Condition#1I —Illumination levels in the parking area shall be in accordance with Section 9121.00 of the Palm Springs Zoning Ordinance. (3f you are not going to enforce offshe then we will refer the matter to AQMD to address the dust). Condition 917—This use shall conAply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit. Condition 918—Amplified music(recorded and live) is permitted within the building with the understanding that the intent of tfce music is to be background music- The music sound level will be such iliat in the opinion of the enforcement officer(as designated by the Director of Planning and Building)those sitting in the area designated 'bar dining" can hold a conversation without needing to shout above the music. Condition 927—The owner shall monitor outdoor parking areas, walkways, and adjoining properties and shall take all necessary measures to ensure that customers do not loiter, create noise, litter, or cause any disturbances while on site, The owner and operator shall ensure that at closing time all customers leave the property promptly and that the property is clean and secure before the owner/operator leaves the premises. The police Chief, based upon complaints and/or,other cause, may require on site security officers to ensure compliance with all City, State and Federal laws and conditions of approval. Failure to comply with these conditions runny result in-avocation of this pernnit, temporary business closure or criminal prosecution. CONTRADICTORY CONDITION(Except the Municipal Code): Condition 919—If criteria in condition numberl S above is exceeded, all exterior doors and windows shall be closed during times when live entertainment is oi'f'ered or recorded music is being played at a soriand level whic r:exceeds the criteria until such time as agreement has been reached with the Director of P'laarking and Building to assure the noise condition will be coiTected. Dive entertainment is permitted in the location shown on the approved floor plan only. If complaints are received, all er:teri©r doors and windows shall be closed immediately upon request ofthe enforcement officer. A limited bar service window may remain open for the indoor/outdoor bar service. ENGINEERING CONDITIONS: 31, The Engineering Department does not have any requirements for this project. There is no impact on existing streets nor the rights-of-way adjacent to the property. This is completely false. There has been SIGINIFIC,ANT impact. FIRE DEPARTMENT CONDITIONS: No indication of the approved capacity of the building, but the seating capacity identified is exceeded greatly as evidenced by all the vehicles parked adjacent to Toucans during the hours of operation, particularly between tlxe hours of 10 Phil and 2 AM. In order to restore the quality of life in our neighborhood and have the simple right to sleep between the hours of 10 PM and 2 AM, we respectfully request That this Conditional Use permit be reconsidered in light of the their failure to comply and the city's failure to enforce, the conditions of approval, city rraainicipal code, etc. We are looking forward to your very timely and favorable response. Thank you. ra�c a eri c From: Alex Meyerhoff [Print] [Close] r,g crldr.,e : From: Alex Meyerho6f <AIexM@ci.paim-springs.ca.us> To: pamela0l@att.net Cc: Dirk Voss <KarIV@ci.palm-springs.ca.us> Subject: RE: Toucans Conditions of Approval Date: Fri, 5 Nov 2004 16:03:07 +0000 Thank you for your interest in community preservation. I will forward this concern to the Code Enforcement division. Thank you. Sincerely, Alex Meyerhoff AlexNI@ci.palm-springs.ca.tls Principal Planner Department of Planning Services City of Palm Springs 3200 E.Tahquit7 Canyon Way Palm Springs, CA 92263-2743 (760) 323-8245 F (760) 322-8360 www.ci..palm-springs.ca.�ls www.bpcnet.com/codes/paimspo ngs From. pamela0l@att.net[mailto:pamela0l@att.net] Sent: Wednesday, November 03, 2004 10:27 AM To: AlexM@ci.palm-springs.ca.us Subject: Toucans Conditions of Approval I spoke to you at the counter last week regarding the above. I have the following questions/concerns: 1. When the police were called for enforcement over the weekend we Immed that they do not have equipment to check the noise level, so what.good is a condition that cannot be determined, nor can they even enforce the e3dstiing noise ordinance. If the city cannot mitigate then the approval should be revoked. 2. According to the Desert Sum this morning, due to the failure of the utility tax one of the cost cuttingmeasures of the city will be no police response to misdemeanors, so they will not respond to noise issues related to this,nor will code enforcement since they do not work at night or weekends. Again,what does this do for mitigating such uses and will the approvals be revoked until enforcement can be done? 3. Finally,who brings the matter back to the Council to revoke based on the noise issues? Do we have to make that request? http://webmail.att.net/wmc/v/wmm/41DB69170009EB3400004CF42158766755CECFOE040... 1/4/2005 -- Page 2 or 2 From:Alex Meyerhoff I left a phone message for you this morning. Your response will be greatly appreciated. Leane Lee 272-6229 P.O. Box 8127 Palm Springs, CA 92263 pan-iela0l@a-Lt.net Attachment is 41e;_M(�_yerhoff.v_c`r (application/octet-stream) htto://webmail.att.net/wmc/v/wm/41 DB69170009EB 3400004CF4215'7667'5CECFOE040... 1/4/2005 My name is Monte Stettin. By way of a short introduction, I am a resident of Palm Springs, a property owner, and citizen. I am a member of the PSEDC, a green builder and developer and I am engaged as well in the sale of energy efficient building and solar energy systems. In prior careers I have run a small publicly held company and written motion pictures for the screen and television. I am a winner of the Christopher Award and the Environmental Media Award for work that empowered others and which dealt with sensitive environmental and social issues. I have been a successful designer and builder in the City of Palm Springs, am proud to have built the first turnkey solar powered homes which exceed the Colorado green building standard by a factor of two, and have been fortunate to have the quality of my work recognized and published in Palm Springs Life, and covered by local television news. Recently I attended one of a series of Vision sessions hosted by our City Officials. I was taken with the intelligence of this outreach program and thought it was a great way to integrate citizens from every walk of life in our wonderfully diverse city in a series of healthy and hopefully constructive civic dialogues. During the meeting I attended I listened incredulously as numerous individuals of putatively reasonable intelligence intoned against the collusive cabal of "greedy developers" and complaisant abetting "city council members". This was dialogue in the abstract that soon turned to character assassination and frankly assassination aimed at a fellow citizen and tax payer with a level of vituperation that I find unacceptable in civilized discourse. I was alarmed by this lack of civility then, and spoke to those still gathered and the council then, and I will with your permission embellish upon it briefly again. Our city is at a crossroads. There is very little land left suitable for any kind of development that isn't already spoken for and yet there is more demand than supply for housirjg<.aUvery R dce,point as evidenced by the continuing absorption of homes built in town and the concomitant appreciation of homes and commercial real estate within the city limits. There is a need for increased revenues to 115 � � finance the city's infrastructure and services. There is tremendous pressure to avoid increasing property taxes. Yet, we the citizens of the city want and demand the highest possible quality of life that the city can and should be able to provide. We want a vibrant commercial center, we want tourism, we want the best hospitals, schools for our children, police, firemen and paramedics to protect us, cultural life, a museum, concerts, an international airport, public transportation, convenient parking, affordable housing, clean air and water, parks for recreation, and on the list goes. We want, but we cannot pay. This is our conundrum. Nobody wants increased development, and certainly not in their back yard, yet nobody wants to pick up the tab. The alternative to responsible development which creates an increased tax base and hopefully economic stimulus at both the commercial and retail levels results from attracting individuals with disposable income to live, work and play in our city. Absent the increase in population and commercial activities, the alternatives are reductions in services, and decreasing quality of life. The sad and ugly truth is that the money has to come from somewhere, and I don't think there are a sufficient number of eco- tourists who want to see sheep in their natural habitat about to descend upon us like locusts voraciously consuming goods and services and create the revenue offset required. When I built homes in the community that were considered architecturally challenging, I was either vilified as a defiler of cultural treasures or congratulated for being daring depending upon who was driving by that day. When my homes sold for more than any homes in the community at that time and my neighbors got a major boost in appreciation of their homes as a result of my labors, risk, and investment in their community, nobody wrote letters to say thank you, but they do brag to each other about how much their homes are "now" worth. Their gain is the direct result of developers like myself, who whether operating on a large or small scale still assume frightening financial risk, pay fees to the city for schools and other services, contribute to the well-being of the community, and hope they've bet right and will not lose their shirts in the process. I have met John Wessman four or five times in my life and perhaps spoken to him as many times again to exchange pleasantries. I have no obligation to him nor does he have any to me. He is not a client of mine, or a friend nor am I one of his. He is an acquaintance. I find the degree of negativity directed at him and his endeavors disheartening and demoralizing. As far as I can see, the projects he has built have been done in good taste and done no harm to our downtown. He has consistently risked his capital, name, time, effort and intelligence to create quality projects that are well constructed, architecturally sensitive and consistent. While there are people who have continued to complain about his involvement in and plans for the Fashion Plaza, he's been carrying the debt of owning it, attempting to attract viable anchor tenants that will contribute to the economic health of downtown, and I suspect waking up some days and wondering whether any of it is worth it. I am hard pressed to find fault with John's residential projects before the city now. I can understand people being concerned about dust, dirt, inconvenience, and view corridors. Whether John Wessman builds on the land he currently owns, or someone else does later, there will still be the same number of people who are saying, "not in my back yard." They will be the same people who don't want their taxes raised. They will be the same people whose property will increase in value due to John's vision, willingness to gamble a fortune, hard work, and desire to create a quality product. They will be the same people who will not thank him as they brag about what the increase in value to their homes brought about from the success of the development adjacent to them. They will be the same people demanding the best services our municipality can provide and they will be the same people who don't want a tax increase and want to find fault with our duly elected city council, mayor and their immoral, illicit cabal with developers. If these citizens have a legitimate remedy to the problems confronting the city that don't relate to responsible development, let them speak and more importantly put their money where their mouths are, risk their life's savings, solicit the investment of others, pledge their fortunes at the bank, and invest in those solutions and labor so that they augment the revenues to our municipality and contribute to the common good. I urge the citizens here tonight, our elected officials and members of the appropriate agencies and committees involved in the development process to think about this conundrum, to examine the viability of this and other projects, and to lead with good common sense and join me in lending their support and approval to these endeavors which while admittedly commercial in nature also inure to the common good. Ladies and Gentlemen: My apologies for not making this presentation in person, my thanks for your gracious reception and gratitude for a fair and good decision that benefits all the citizens of our wonderful city. Thank you, Monte Stettin