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HomeMy WebLinkAbout1990 - MINUTES - 12/5/1990 CITY OF PALM SPRINGS '-'�A CITY COUNCIL MINUTES DECEMBER 5, 1990 A Regular Meeting of the City Council was called to order by Mayor pro tem Broich, in the Council Chamber, City Hall , 3200 Tahquitz-McCallum Way, on Wednesday, December 5, 1990, at 7:30 p.m. ROLL CALL: Present: Councilmembers Broich, Hodges, Murawski and Neel Absent: Mayor Bono The meeting was opened with the Flag Salute and an invocation by Reverend Andrew Green, Church of St. Paul in the Desert, Episcopal . REPORT OF POSTING OF AGENDA: Report of Assistant City Clerk: Agenda posted in accordance with Council procedures November 30, 1990. PRESENTATIONS: EMPLOYEE RECOGNITION AWARDS: Nadine Fieger, Personnel & (074- Steven Vinci , General Operations 001) CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL (074- REPORTING, Ron Everett, Finance Department. 001) APPROVAL OF MINUTES: It was moved by Hodges, seconded by Neel , and unanimously carried, that the Minutes of October 23, and 30, 1990 be approved. PUBLIC HEARINGS: 1. A.D. 159 - FIESTA RD, ET AL CUL-DE-SAC CLOSURE On November 7, 1990 the Council adopted actions and set this as time and place for hearing on Resolution of Intention to close cul-de-sacs on certain streets, generally located southerly from Chuckwalla (Fiesta, Optunia, Vaquero) . Contract Administrator reviewed the staff report given in detail at the last study session, and added that 56- representatives from Sanborn & Webb, and Macenzie Brown 013 waere present to answer any questions regarding the process of the formation of the district; that the cul-de-sacs were narrowed from the original design to fit within existing right-of-way which greatly reduced property owners ' concerns about encroachment problems; that the design for the masonry wall and iron gates to be built north of the four cul-de-sacs has been upgraded; that the 14-foot wide gates can be unlocked by the fire department for emergency access, and the cul-de-sacs and gates meet Fire Department requirements; and that there are programs available for low income, and seniors to assist in payment of the assessment fee. - - r) Council Minutes 12-5-90, Page 2 1. A.D. 159 (Cont'd) Mayor pro tem declared the hearing open. Sally Sonja, 1430 Opunta Road, expressed appreciation is to City staff for assistance in the formation of the district; that from the beginning of the formation of it, the majority of the homeowners favored the district; that the formation is a united effort of the homeowners; and requested Council approval . Debra Young, 1428 Rodeo, stated that the main purpose of the district is to separate single family residences from the multi-family dwellings. Willie Detrich, 1486 Vaquero Road, stater,) opposition to the district; that the cul-de-sac will damage his property; that his property is located at the end of the cul-de-sac which removes the majority of his front yard and increases noise from vehicles turning in front of his property; that the closing of the streets will force his trips to various shops to increase by one mile; that he does not drive, and the walking will cause a hardship; that the assessment is beyond his financial means; that an agreement was made between the homeowners and himself when the district was first discussed, and it was agreed that the rest of the property owners would cover his assessment, and now the property owners will not cover the costs; and requested Council consideration of his plight, should the Council approve the district. Mrs. Gus Kalantis, 1493 Vaquero Road, questioned whether an Environmental Impact Report had been done regarding the assessment; she also questioned using a fence, rather, than a block wall . Contractor Administrator stated that a Notice of Exemption is filed, due to no signiciant changes to the streets. Mrs. Kalantis, stated that there are significant changes; that only one correspondence had been received from the City since March; and that questions needed to be answered. Contract Administrator stated that a normal setback for a cul-de-sac is 43 feet from the center line to the edge of the curb, that it is now 11 feet from the existing curb to the far edge of the proposed cul-de-sac; that concern was expressed by the property owners about the property reduction, that a compromise was reached; that the Fire Department needs access to the neighborhood; and that the Desert Water Agency does not want a block fence built over its water main; and that it is considering updating the water main within the next 5 years. Lisa Bellows, 1439 Opunti , stated that crime, garbage and racing cars are promident in the area; that the cul-de-sac will create a clean, safe environment; that Mr. Dietrick' s, property is for sale, and that one of the selling points is that the property will be on a cul-de-sac,. Karen Peterson, 1465 Vaquero, stated that Mrs. Kalantis is not a full-time resident; and it is the wish of the majority of the residents to have the district formed. Council Minutes - - � 12-5-90, Page 3 1. A.D. 159 (Cont'd) Mrs. Dietrick, Vaquero Road, stated opposition to the district; that the poor people lose with the district; and that in her opinion the houses (in the neighborhood) are not that nice. I=rank McMillian, 1481 Fiesta Road, stated that his property is at the end of the street where the impact of the cul-de-sac is the greatest; that work between the City and the homeowners scaled down the cul-de-sac; that existing guidelines are being meet; that the cul-de-sac will provide for a safer neighborhood; that the steps resolving the problems with the fire department have been completed; that the costs of the assessment will increase the property value's; and he encouraged Council approval . There being no further appearances, Mayor pro tem declared the hearing closed. Resolution 17346 through 17349 approving the final engineer's report; overruling protests and confirming the assessments; and authorizing request for proposal for sale of bonds for construction of improvements was presented; after which, it was moved by Neel , seconded by Murawski , and unanimously carried, Bono absent, that R17346 - 17349 be adopted. 2. AA CASE 3.0769 - KRZYWON APPEAL Consideration of appeal by neighboring residents concerning Planning Commission action for addition to residence at 2495 Palermo, relating to a two-story element. (Continued from November 27) Planning Director reviewed the staff report given in detail at the last study session and no further report was added. Mayor pro tem declared the hearing open. Scott Harlow, attorney from the office of Leonard Bock, 111- representing the Kryzwons, stated that there are three 001 concerns regarding the addition: a) the view, which has been complied with by the lowering of the home; b) a concern for setting a precedent for two-story homes, however, variances are site specific; and the Council should consider this situation on its own merits, i .e. , that the addition is for only 18 feet, most two story homes are much higher; and c) the Kryzwons have tried to please the Council , Planning Commission, and the neighbors; and the main objectors view of the area (the Kanya 's) is not substantially impacted. He requested denial of the appeal . Council Minutes 12-5-90, Page 4 2. AA CASE 3.0769 (Cont'd) Joe Kanya, 2494 Vista Drive, spoke in opposition to the addition; and stated that if it is built it will cause a severe obstruction to his view; that Council has been lienient in the time spent on the project; that a petition has been presented to the Council against the addition; that consideration should be given to the majority of the homeowners; that property improvement is always desired in the neighborhood, but not additions detrimental to hillside properties. Lois Kanya, 2494 Vista Drive, expressed appreciation to Councilmember Neel for his visit to her home to see how the view would beimpacted; that the property in question has been a depressed piece of property for ,years; that: the improvements to the property are greatly appreciated; that recent improvements made to the Kryzwon' s property were deliberate in that now an addition to the home can only go up; that objections from the neighbors are that the addition has a negative asthetic and economic impact on the surrounding properties; that the neighborhood has been placed in a fight or flee position, with the only regress to appeal to the Council ; that if the Council approves the project, the Council will condone view obstruction, a certain amount of encroaching into one' s privacy, a form of esthetic and economic loss of property, and setting a precedent: for building on hillside properties; that the objecting neighbors are not dictating what should be built, rather allowance for the houses which were built in the area; and requested favorable Council consideration of the apepal . Fred Ebling, 2460 Tuscan Road, stated that his home was purchased because of the view; that if approved, a precedent will be set; and that the entire neighborhood should be considered. Mary Drasow, stated that in this case, a small home was purchased to acommidate a seven-member family; that instead of an addition adjacent to the home, a pool was added; that now the neighbors are being asked to sacrafic their view, and property value, to allow the building of the two-story; and if approved, the action will set a precedent for two-story buildings on hillside. Mr. Harlow, stated that the case has gone, on for a long time; that most of the neighbors are thrilled that the Krzywons have cleaned up the property; that there are only a few dissenters to the addition; that a petition had included 23 signatures in favor of the addition. Council Minutes - � 12-5-90, Page 5 2. AA CASE 3.0769 (Cont'd) Ramona Hortner Case, 2424 Vista Drive, stated that the people who signed the petition are not the immediate neighbors; but that if the Krzywons would consider paying the adjacent neighbors for the view loss, perhaps then the neighbors could also build two stories to regain the view loss; and the continuation of building could go on and on. Mr. Ted Krzywzon, 2495 Palermo Drive, stated that the addition is only for 18 feet; that the view will not be affected very much; that the zone allows for 30 feet in height; that the building cannot be layered because of rocky terrain; that all improvements have been encouraged by the neighbors; and that after approval had been given by the Planning Commission, the appeal had been filed. There being no further appearances, Mayor pro tem declared the hearing closed. Councilmember Murawski questioned the site lines of the property, and illustrated the view that he saw on the property. Councilmember Neel stated that a view is a precious thing and should never be destroyed; and that once a view is taken away, it can never be restored. Councilmember Hodges stated that she viewed the area; that the appeal is actually an ordinance that needs to be changed; that the area is unique; that the homeowners are fortunate in the views that they have; that respect should given to the properties; that two-story residents do not belong on hillside areas; and moved approval of the appeal . Councilmember Neel seconded the motion. City Attorney stated that the appropriate height could be established at this time to prevent the appeal from coming back to Council again. Planning Director stated that Council could direct a point of reference for the staff to work with; that hillside building judgement is placed with the Planning Commission; that the Commission has lowered heights felt appropriate to the project; that 18-foot is the normal height for flatland building, but that hillside is total judgement of the Planning Commission. Councilmember Neel stated that the project has to be asthetically right. Councilmember Murawski questioned whether the project was on bedrock; and whether the project could be lowered to meet the existing roofline; and stated that consideration should be given to the Krzywons due to the fact they have gone through the processes, and were granted approval by the Planning Commission Planning Director stated that the land is strewn with boulders; and that it would be possible to lower the addition. [�`1 Council Minutes 12-5-90, Page 6 2. AA CASE 3.0769 (Cont'd) Terry Rouch, 45190 Club Drive, Indian Wells, architect for the project, stated that the project could be lowered; the roof level would be dropped 3 to 4 feet; that basically the roof line would be extended; that the view will not be unpleasant. Councilmember Murawski recommended that the project be approved on the condition that the roof line not exceed the existing roof line, and that the Zoning Ordinance be reconsidered by City Council concerning hillside development. Terry Rouch, architect, stated that concern has been addressed for the view; and that consideration needs to be given to the project. City Attorney stated that the motion on the floor is to deny the appeal , and requested the Council consider denial of the appeal , with the condition that the Krzywons can resubmit the plans with the two story roof line not to exceed the existing roof line; or that the Council continue the matter, and refer it back to the Planning Commission for restudy. Councilmember Hodges stated that if the addition is the same as the existing roof line she would concur. Councilmember Neel stated that the view must be preserved. Motion by Hodges, seconded by Neel , was amended to deny the appeal , and approve the project with the condition that the two-story roof line not exceed the existing roof line on the site; after which, it was unanimously carried. 3. ANNEXATIONS 24 & 25 - PREZONING On November 21, the Council continued consideration of prezoning for Annexation Areas 24 and 25. Director of Community Development stated that the annexations( 54- had been split into two annexations due to unihabited and 003 ) habited areas; that meeting was held with the Tribal Council Planning Consultant concerning zoning of the areas; that (54- the area concerning the raceway has been removed from the 004 ) annexations, and it will come back to the Council at a later date; and that a Full Environmental Impact Report will be done concerning that. area. City Attorney stated that the raceway was removed from consideration of the annexations; that a full EIR would be done concerning same; that meetings had been held between city staff and Friends of the Environment.; and that their concerns have been alleviated. Mayor pro tem declared the hearing open. Steve Grasha, 520 Murray Canyon, stated annexation is not in the best interest of the citizens; and that the raceway will need to be considered by the County. - - �?0t Council Minutes 12-5-90, Page 7 3. ANNEXATIONS 24 & 25 (Cont'd) Earl Johnson, 3683 Andreas Hills, expressed appreciation for the time staff has taken to explain the annexations; that if the annexation excludes the raceway, most of the citizens would favor same; and requested notification should any other annexations be considered by the Council . Bill Byrne, 301 Overlook Road, stated that the meeting between the staff and the Friends of the Environment was fruitful ; and some fears have been alleviated; that Item 7 on the agenda refers to the same group who performed the EIR for the Annexation; and that if the raceway is reconstitued the group will pursue the matter. Jim Guthrie, 5519 Inspiration Drive, Riverside, stated that 14 months ago, an application had been filed for the raceway; that now negiotations are being made as to what will happen; that the annexation has always been supported in the past; and that the treatment of the case has not been fair. There being no further appearances, Mayor pro tem declared the hearing closed. Councilmember Murwski questioned whether the issue would go back to the County. City Attorney stated that approval of the matter does not prevent the Council from future consideration of the raceway; that annexation 24 and 25 excludes the raceway portion, and that the raceway area would be considered separately by the Council . Director of Community Development stated that the proposed zoning has been amended to include the recommendations of the Tribal Council . Resolution 17350 amending the General Plan Land Use, as amended, was presented; after which, it was moved by Murawski , seconded by Neel , and unanimously carried, Bono absent, that R17350 be adopted. Assistant City Clerk read title of Ordinance (excludes raceway area) as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A PREZONING PLAN FOR LANDS INCLUDED IN ANNEXATIONS 24 & 25, GENERALLY BOUNDED BY THE NORTHERLY CITY LIMIT OF THE CITY OF PALM SPRINGS, INDIAN AVENUE, INTERSTATE ROUTE 10, AND THE CITY LIMIT OF THE CITY OF CATHEDRAL CITY, SECTIONS OR PORTIONS THEREOF, 6, T4S, R5E; 23, 25, 26 & 36, T3S, R4E; and 30 & 31, T3s, R5E. after which, it was moved by Murawski , seconded by Neel , and unanimously carried, Bono absent, that further reading be waived, and the Ordinance be introduced for First reading. l� n Council Minutes 12-5-90, Page 8 PUBLIC COMMENTS: a) George Goldberg, no address given, stated that the Plaza de las Flores was in building violation; that certain business owners within the community are given preferential treatment by the Council ; and that various expenses by city staff should be investigated. b) Jim Shaw, Mira Loma Hotel , stated that the City had painted the white loading zone outside his business to a red zone; that the North Palm Project Committee had suggested same, but that he could not obtain copies of the minutes of the meeting; that the Redevelopment Department had promised that someone would come to his business and assess the situation; but that with the continuance of the red zone, his business will be shut down. c) John Weiser, 3395 Avenida del Norte, stated that recently newspaper has indicated displeasure at recent Council actions; however, that there are residents who do not take part in the quest for increased tourism, nor do they not want the raceway; that the Palm Springs area has always been viewed as a clean environment, with a layed-back attitude; that the Resolution for the approval of SENCA' s agreement does not provide clarification of the benefits, and he stated opposition to it. d) Steve Grasha, 520 Murray Canyon, stated) that a lighted golf course would illuminate the sky and ruin the views of the city. e) Alan Bayrak, Palm Springs, stated that consideration for a new consultant should be given regarding the EIR for the racetrack area. LEGISLATIVE ACTION: 4. P.S. CLASSIC PROJECT FINANCING ANALYSIS & ASSISTANCE Recommendation: That the Council approve a structure for the financing of the Classic Project golf course project, and select certain members of the financing team. Director of Economic Development reviewed the staff report t133- given in detail at the last study session, and added) that 003 ) the approval would provide a vehicle to authorize the issuance of the Certificates to assist in the acquisition of the land from, and the development of the project thereon;, Palm Springs Inter-Continental Golf Center Joint Venture; that Rutan & Tucker would be appointed as bond cousel , and Bear Sterns & Co. , as underwriter; that authorization would be given to staff to solicit proposals from financial advisors to evaluate the City' s obligations relating to the planning, construction and operation of the project:, and repayment of the debt; that authorization would be granted to the City Manager to authorize various contracts and agreements; that all the deal points have not been worked out with the developer, but that $200,000 would be paid by the developer as soon as the agreement is signed; that monies will not be coming from city funds; that housing mitigations are being discussed; that a night-lighted 9-hole golf course is being discussed, but would come back to the Council for public input; that a letter of credit would be set into place by the developer to guarantee any short falls to be Council Minutes 12-5-90, Page 9 4. P.S. CLASSIC PROJECT (Cont'd) drawn on by the City; that negotiations between Rutan & Tucker for bond counsel has resulted in a lowering of its original proposal ; and that in order to meet deadlines, the process needs to be started now. Resolution 17351 as recommended, was presented; after which, it was moved by Neel seconded by Murawski , and unanimously carried, Bono absent, that R17351 be adopted. 5. COB - P.S. VISION PROJECT - REVISED PREDEVELOPMENT AGREEMENT Recommendation: That the Council approve revised predevelopment agreement with PS Vision Consortium/SENCA, relative to prior directions of the Council . (133- City Manager stated that the item was not ready for 005) consideration, and requested that the item be continued. 6. CONVENTION CENTER ADVERTISING Recommendation: That the Council approve expenditure of budgeted Convention Center advertising funds -sor the purchase of advertising in the Palm Springs Desert Resorts Advertising 1139- insert for $17,375. 001) Convention Center Administrative Assistant reviewed the staff report given in detail at the last study session, and no further report was given. Councilmember Murawski stated that there are some concerns regarding the expenditure; and that the advertising is an issue Council needs to further study. Minute Order 4680, as recomended, was presented; after which; it was moved by Murawski , seconded by Hodges, and unanimously carried, Bono absent, that M04680 be adopted. 7. P.S. INTERNATIONAL RACEWAY EIR CONSULTANT On November 21, 1990, the Council continued consideration of agreement with Cotton-Beland Associates for EIR for the P.S. International Raceway project. (116- 074) Director of Community Development requested continuation of the item to December 19, 1990 to al@ow alternative suggestions of consultants. It was moved by Neel , seconded by Hodges, and unanimously carried, that the item be continued to December 19, 1990. Council Minutes 1.2-5-90, Page 10 LEGISLATIVE ACTION (Cont'd) B. MUNICIPAL CODE AMENDMENT - RV PARKING/STORAGE Recommendation: That the Council amend the Municipal Code to allow some flexibility in the regulations concerning parking Recreational Vehicles (RV's) in front yards. Planning Director reviewed the staff report given in detail at the last study :session, and added that there are some conditions suggested to allow a permit to be issued; that only one permit be issued per residential parcel ; that: the permit must identify the RV by license number; that the permit must identify where on the parcel the RV would be parked; that the RV must be screened from view from surrounding properties; that the RV must be maintained in a clean and usable appearance; that the permit would expire upon the applicant' s termination of residency at that address; that the parcel must be maintained in accordance with Section 9319.00 of the Zoning Ordinance; that the applicant for the permit shall pay a fee as established by the City Council , which may be amended from time to time. Councilmember Broich questioned why the property maintenance should be mentioned, since it is covered specifically in the Zoning Ordinance. Planning Director stated that it creates a parallel between the property and RV parking, that the issues are for review; r1 that the Council could choose to amend the, proposal ; 03- that (101) the proposal grants an exemption for persons loading and unloading the vehicles, however if the use is excessive, the vehicle could be cited; that costs have not been discussed in great deal , but staff is recommending a $75 fee; that the proposed ordinance will not aleviate all of the problems concerning RV' s; that changes have been made in the community necessitating a change in the ordinance. Councilmember Neel questioned the costs of enforcement. Planning Director stated that the costs are difficult to calculate; but once the ordinance is established, costs should be minimal . Councilmember Murawski expressed appreciation for the time staff has devoted to the ordinance, but that a permit is questionable; that there will be a cost to the City; and suggested the approach be on a complaint basis, and establish a fine for persons that violate the code. Mayor pro tem concurred; and added that a $75 fee is questionable. Planning Director stated that staff could deal with setting fine violations. Councilmember Hodges stated she was not opposed to a fee being enacted for violations, nor to the $75 amount. Councilmember Neel stated the ordinance is a ino win situation; that violations will occur; that the issue has come before Council in the past; that the ordinance should remain as it's now. Council Minutes 12-5-90, Page 11 8. MUNICIPAL CODE AMENDMENT (Cont'd) Acting City Manager stated that under the proposed ordinance, a violation is an infraction; that the enabling provision for the fee could remain in the ordinance, but that a no fee be set at this time. City Attorney stated that Council has indicated that costs should be recovered; and that the item should be referred back to staff for restudy. George Goldberg, stated that views needed to be expressed, at which point he was ruled out of order and Mayor pro tem requested that he be removed from the Chamber. It was moved by Murawski , seconded by Hodges, and unanimously carried, Bono absent, that no action be taken, and the item be further studied by staff. 9. ADDITIONAL LEGISLATIVE ITEMS: None CONSENT AGENDA: 10. MO 4681 approving agreement with KWL Associates, Inc. , for $36,000 for construction engineering and survey staking for (p6P ) A.D. 158 Andreas Hills Tract 18087 improvements (cost covered by the assessment district) - Agr #2920. 11. MO 4682 approving Change Order 3 to A2854 with Massey Sand (51- & Rock Company for AIP-12, to install new drive access to 020) rental car ready return lot, for an increase of $12,134.25. 12. MO 4683 approving Milton Levinson for membership on the Public �060- Facilities Corporation Board of Directors. 018) 13. Res 17353 approving Riverside County Transportation Commission( 123- as the agency responsible for the County Congestion Management 011 ) Program (required by AB471) . 14. Res 17354 approving FTM 25112 for condominium purposes on( 137- the NW corner of Avenida Caballeros and Saturnino Road , Section 067 ) 14 - Barcon Development. 15. MO 4684 consenting to an encumbrance to lease agreements #2528 (51- and #2529 for $3,300,000 and authorizing the City Manager 050) to execute all necessary documents. 16. Res 17355 and 17356 approving Payroll Warrants and Claims (86- & Demands. 17. Res 17357 approving FTM 25551 for single residential on Tamarisk ( 137- Road between Farrell Drive and Cerritos Road, Section 12 - 072) Irving Green. 18. MO 4685 authorizing sole source purchase of playground equipment(84-. from Walt Rankin and Associates for $22,050.28. 007) 19. Res 17358 opposing County of Riverside imposition of fees ( 123- for booking prisoners. 003) It was moved by Murawski , seconded by Hodges, and unanimously carried, Bono absent, that Resolutions 17353 through 17358 and Minute Orders 4681 through 4685 be adopted. Council Minutes 12-5-90, Page 12 ADDED STARTERS: 20. STUDY SESSIONS It was moved by Murawski , seconded by Hodges, and unanimously carried, Bono absent, that item concerning study sessions be added to the agenda. Assistant City Clerk read title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.04.015 TO THE PALM SPRINGS MUNICIPAL_ CODE, STUDY ( 103- SESSIONS. OO1) after which, Resolution 17359 amending the Council ' s rules of procedures re. establish study session meeting time, (114- was presented, it was moved by Murawski , seconded by Hodges, 002d and unanimously carried, Bono absent, that R17359 be adopted, and that further reading be waived, and the Ordinance introduced for first reading. REPORTS & REQUESTS: CITY COUNCIL reports or requests Councilmember Hodges requested staff investiclate the red curbing and relationship to increased prostitution activity in the North Indian Avenue area; and that a brochure had been produced from the Redevelopment Agency, and that discretion should be used. PUBLIC reports or requests - None STAFF reports or requests None ADJOURNMENT There being no further business, Mayor pro tem declared the meeting adjourned to December 11, 1990, 7:30 p.m. for a Personnel Hearing, Large Conference Room, City Hall and thereby further adjourned to December 18, 1990, 5:30 p.m. for Goal/Communication Session, Corporation 'Vard, General Operations Building. JUDITH SUMICH City-Qlerk �� C, By: PATRICIA A. SANDERS Assistant City Clerk On December 11, 1990, the City Attorney requested that the matter be postponed; appellant was notified by Personnel , and there was no quorum of the Council ; meeting futher adjourned by the City Clerk to date and place above noted for goal/communication workshop. ADITH SUTHIL f- `- City Clerk