HomeMy WebLinkAbout1991 - MINUTES - 11/20/1991 CITY OF PALM SPRINGS -J,
CITY COUNCIL MINUTES
NOVEMBER 20, 1991
A Regular Meeting of the City Council , of the City of Palm Springs,
California, was called to order by Mayor pro tem Broich, in the
Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, November
20, 1991, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Hodges, Murawski , Neel
and Mayor pro tem Broich
Absent: Mayor Bono
The meeting was opened with the Flag Salute and an invocation by
Minister Tina Carbral , Redeemed Evangelical Church of the Desert,
Palm Springs.
PRESENTATION:
Certificate of Achievement for Excellence in Financial
Reporting: Ronald M. Everett, Accounting Manager
Nancy Klukan, Accountant II
REPORT POSTING OF AGENDA:
Report of Assistant City Clerk: Agenda was posted in
accordance with Council procedures on November 15, 1991.
FINANCING AUTHORITY, INDUSTRIAL DEVELOPMENT AUTHORITY: No Business
RECONVENE AS CITY COUNCIL
APPROVAL OF MINUTES:
It was moved by Murawski , seconded by Hodges, and
unanimously carried, Bono absent, that the Minutes of
October 16, November 6, and November 12, 1991 be approved,
with correction to item 6, of November 6, 1991 to reflect
a no vote by Mayor Bono.
ADDED STARTER:
It was moved by Murawski , seconded by Neel , and unanimously
carried, Bono absent, that the meeting be adjourned to
Closed Session following the meeting to confer with the
City Attorney regarding pending litigation pursuant to
Government Code Section, 54956.9(b)91) , and 54956.9(c),
after which; no announcement was to be made.
PUBLIC HEARINGS:
1. PD 222 - JUAREZ
On November 6, 1991, Council continued consideration
of a planned development district for a 98-unit apartment
complex at 400 E. Stevens Road, Section 11.
Planner II reviewed the staff report, and added that the
Planning Commission redesigned portions of the project; (116-
that the project is a gated community; that l;he wall 0087)
surrounding the property is proposed at 6 1t; that at
the Planning Commission hearing, neighbors requested the
height of the wall be extended to 8 ft; that Stevens Road
will not be impacted; that the daily average grips will
be no more Than 500 daily trips; that the two-lane road
has the capacity for 1600 trips per day; that the street
should be added to the cape seal program; that the project
will have bay parking with turn out on Camino (Monte Vista;
that all parking is on site; that the project ties in
with a portion of the Desert Hospital property; and that
a negative declaration was filed.
_L4,LP
Council Minutes
11-20-91, Page 2
1. PD 222 - JUAREZ (Cont'd)
Mayor pro tem declared the hearing open.
City Attorney stated that Mr. Dundee protested the negative
declaration; that the project will bring 206 new residents,
which is not considered significant to warrant an
Environmental Impact Report; that the Desert Hospital
EIR addresses some of the mitigations; than the Traffic
Engineer addressed the traffic impacts; that lighting,
noise, and sewer impacts have been considered; and that
the Negative Declaration does appropriately address the
impacts.
Tom Juarez, developer, thanked the staff, and Planning
Commission for work on the project, and stated that the
project is top quality, that it is the first of many
projects to improve the blighted area; that building heights
were adjusted to maintain views; that set backs will address
the noise concern,; that lowered and flush lighting will
be used to reduce glare; that the gated community will
be accessible only to the residents and their guests;
that the project complies with the Southwestern theme;
that all units feature one or two master suites; that
neighboring residents expressed views of wanting an
eight-foot wall around the project; that it would not
be a problem with the developer to implement it; that
meetings have been held to include the neighboring
properties; which have gone well ; and that the architect
was present for any questions.
Hunter Johnson, 121 South Palm Canyon, stated that he
resides 2% blocks from the project; and as a resident,
he urged the approval of the project; that the project
has been approved as a redevelopment project; that the
project is classical one which could turn the area around,
as well as beyond it to impact other projects; and that
the mixture of housing is well thought out.
David Jacob, 391 Camino Monte Vista, stated that the
approval of the project will ruin his property; that the
project includes a wall being built down the middle of
the street; that Mr. Juarez should build the project on
his own property; and not a portion of the project on
Desert Hospital property; that a letter was written to
the City Attorney about the status of the street; and
that the City Attorney stated that he would have to accept
the street division.
Jim Cioffi , architect, stated that there have been many
meetings with Mr. Jacob; that there are benefits to Mr.
Jacob' s property, in that it will be increased by 3,000
square feet; that the property owned by Desert Hospital
is a 15 to 20 ft strip of land on the southside, and is
being purchased by Mr. Juarez; that the 8 ft. wall helps
promote privacy; although the Planning Commission did
not approve an eight ft. wall , rather a six ft. wall ;
that landscaping will improve the aesthetics; and that
story poles were set for the neighbors to view the
differences.
Council Minutes
11-20-91, Page 3
1. PD 222 - JUAREZ (Cont'd)
Marvin Mueller, 3411 Stevens Road, stated the project
is a good one; that there is a concern about the road;
that if the road is incorporated into the project, there
should be a cross road designated.
Planner II stated there will be an open access in the
parking lot.
M.C. Holendike, 312 Camino Monte Vista, stated that parking
will be next to her hotel ; and questioned why guest parking
could not be located inside the project; that there are
no traffic lights between Vista Chino and Tachevah; that
although she is not opposed to the project, she felt that
someone should come up with a project the City could be
proud of.
Marsha McQue, 585, stated that meetings were held concerning
the surrounding wall ; that the Planning Commission Chairman
thought the 6 ft. height should be increased; that his
property abuts the proposed wall , and the 8 ft. height
would abate noise and allow privacy; that Mr. Juarez is
willing to use the 8 ft. wall and requested Council
consideration of the increase.
Dr. Edward Anderson, 434 Las Palmas, stated that his
property abuts the project; that he had reviewed the
improvements proposed by Mr. , Juarez, and the Desert
Hospital ; that the developer complied with the 8 or 9
issues that were of concern; that the only concern remaining
is the allowance of the 8 ft. wall ; that the driveway
will pass his bedroom window; that a higher wall would
mitigate noise and light pollution, and allow privacy;
that the 8 ft. wall is not visible to anyone by the
bordering properties; and he urged that the height be
extended to 8 ft.
Roy Verges, 506 Miraleste Court, stated that there is
only one concern about the property, that of the wall
height; that his property adjoins the proposed project;
and that the higher wall will help buffer the noise of
cars driving, and doors slamming.
Vance Suitt, no address given, stated that he does not
have property adjacent to the project, but that the biggest
asset the City has is the Desert Hospital ; that the proposed
project should be amended to be a senior project; then
the height of the wall would not make a difference; that
busses could make stops in the area; and that children
should be raised out in the country, where they belong.
Bonnie Needham, 314 Stevens, stated that the project is
an asset to the community, and she urged approval .
Dr. Cordone, Monte Vista, stated no objection to the
project, however, his property is being squeezed on the
southside by Desert Hospital ; that the only access is
a narrow driveway to the end of Monte Vista; that if the
alleyway is used for parking, it will become a major
thoroughfare; that an offer had been made to the developer
to sell a vacant lot to mitigate dGie probls,,i; that if
the project is approved, he will seek legal injunction.
�.`,,'w
Council Minutes
11-20-91, Page 4
1. PD 222 - JUAREZ (Cont'd)
There being no further appearances, Mayor pro tem declared
the hearing closed.
Planner II stated that the Fire Department reviewed the
driveway, and that it is not a public road, but that the
width of 26 - 30 ft. is adequate.
Councilmember Murawski stated that the 8 ft. wall should
be granted.
Councilmember Hodges stated that the project is an
enhancement to the area; that there has been communication
and coordination between the developer and the property
owners; that the 8 ft. wall should be allowed; that as
the project progresses, the parking should be reviewed
to allow the guest parking inside the project; and -that
negotiations with the Montecito Hotel should be continued.
City Attorney stated that condition 35 of the proposed
resolution for wall height will be changed to eight feet;
and condition 34 to state requirements for recording the
covenant.
Resolution 17691 as revised was presented.. after which;
it was moved by Nurawski , seconded by Hodges, and
unanimously carried, Bono absent, that R17691 be adopted..
2. ASSESSMENT DISTRICT 157:
Recommendation: That the Council hold Public Hearing
for construction of primarily residential street
improvements for Assessment District 157.
City Manager recommended opening the hearing and continuing
the hearing to January 22, 1991. (056-
011)
Mayor pro tem declared the hearing open, there were no
appearances.
It was moved by Neel , seconded by Hodges, and unanimously
carried, Bono absent, that the hearing be continued to
January 22, 1991.
3. ASSESSMENT DISTRICT 157 - LAND ACQUISITION
Recommendation: That the Council adopt a Resolution of
Necessity to acquire certain land for Assessment District
No. 157 along Ramon Road in Section 19.
City Manager recommended that the hearing be opened, then
the hearing be continued to January 22, 1991.
Mayor pro tem declared the hearing open, there were no (056-•
appearances. 011)
It was moved by Murawski , seconded by Neel , and unanimously
carried, Bono absent, that the hearing be continued to
January 22, 1991.
Council Minutes v
11-20-91, Page 5
PUBLIC HEARINGS: (Cont'd)
4. ANNEXATION 24/25
Recommendation: That the Council receive public comment
regarding Annexation 24/25, and thereafter continue the
item to December 4, 1991 for the purpose of adopting a
resolution ordering the annexation according to the protest
received, if any.
Director of Planning & Zoning stated that the hearing
should be opened to allow for protests; that if a 25 -
50% protest was received, the Annexation could proceed,
subject to an election; that if more than 50% was received
the Annexation would be terminated; that LAFCO conditionally
approved subject to maintenance of a roadway that enters
the area to be annexed; that the roadway is adjacent to
I-10 but that no traffic is carried, and that an agreement
with Riverside County Transportation Department will be (054-
prepared; that the action does not include Annexation 004)
26, and he reviewed the boundary map.
Mayor pro tem declared the hearing open, there being no
appearances the hearing was closed.
It was moved by Murawski , seconded by Neel , and unanimously
carried, Bono absent, that the item be continued to December
4, 1991.
PUBLIC COMMENTS:
a) Marilyn Baker, Director of Orphan Pet Oasis, stated
that the Ordinance concerning the slaughtering of
animals should be approved; that she had received
calls regarding inhumane killing of animals; that
it is hard to prove intent; that contact had been
made with a San Francisco Bishop regarding the
sacrificing of animals, and she was assured that this ( 103-
no longer takes place in North America; and urged 001)
passage of the Ordinance.
b) George Goldberg, P.O. Box 4156, stated than, the City
should revert to district elections; that the job
of the Mayor is not deserving of a salary; that the
City is in a $3.5 million deficit; that much of the
City expenses are related to out-of-town attorney
expenses; that the loss of recent City employees will
not affect the workings of the City; and that some
warrants recently issued are questionable.
Councilmember Murawski stated that the City is not
in a deficit and is operating with a balanced budget;
but that problems could affect next years budget and
are being addressed.
c) Robert Mainero, stated that he was available for
questions regarding item 17.
d) Gary Bosworth, P.O. Box 366, stated that last meeting
Fred Ebling had read a letter composed by Sue Coty,
who is now in a coma. He reviewed the physical history
of Ms. Coty and her disabilities.
Council Minutes
11-20-91, Page 6
PUBLIC COMMENTS (Cont'd)
e) Jack Kimberling, 1180 Los Pablos Drive„ asked if the
Council shared the view and worry that there is a
deterioration in the quality of Palm Springs, and
if so, what specifically the Council planned to do
about it.
Councilmember Murawski stated that he has been a
Councilmember for two years; that a reason for, running
for office, was because of the same concerns; that
the community cannot seem to get together to do
anything; and that it is an urgent concern to the
Council .
Mayor pro tem Broich stated that the Council has
implemented televising the Council meetings, to inform
the public.
Mr. Kimberling, stated that specific ideas and
directions needs to be given, by the Council ; and
suggested that a specific time be set to televise
a Community report on what specific programs are being
implemented by the Council .
f) DeeDee Stone, 142 Eastlake, stated that she is
enthusiastic about the City; and feels the televised
meetings are working; that the local newspaper does
not address concerns of the community; and that the
recent election indicated how the community felt about
the raceway.
g) Linda Cooper Lee, 980 Garden Road, stated that this
year a Christmas Tree lighting should be performed
in the Village Green, with carolers, to create a
Christmas like feeling.
Councilmember Murawski noted that the Holiday
festivities have been scheduled to incorporate those
suggestions.
Mayor pro tem stated that the Christmas tree lighting
would take place in front of the Desert Fashion Plaza.
h) Frankie Brown, 670 Calle Palo Fierro, commented on
next election and how he will vote; that the Council
Chambers dais is too authoritarian; that staff members
are not identified; that the agenda should be expanded;
and that districting should be considered.
i ) Terry Baldwin, 2146 Berlardo, questioned when the
item concerning the slaughtering of animals would
be heard.
Council Minutes
11-20-91, Page 7
PUBLIC COMMENTS (Cont'd)
j) Donald L. Frank, Desert Rail Authority, stated that
the Palm Springs Monorail project i proceeding
smoothly; that local and valley suppor;: toward the
project has been encouraging; that it is possible
that the project could be completed and fully
operational within five, years; that in one week the
Desert Rail Authority will present a wrii,i;en proposal
to the Council , and that the final agreement with
the City should be by December 10, 1991.
LEGISLATIVE ACTION:
5. MUNICIPAL CODE AMENDMENT - PROHIBITING THE SLAUGHTER OF ANIMALS
Recommendation: That the Council amend the Municipal
Code to prohibit the slaughtering of animals.
City Attorney reviewed the staff report, and added that
some aspects of the proposed ordinance addresses issues
not covered by State law.
Assistant City Clerk read title of Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, (103-
ADDING SECTIONS 10.04.080 AND 10.28.070 OF THE PALM 001)
SPRINGS MUNICIPAL CODE PROHIBITING THE SLAUGHTER OF
ANIMALS.
It was moved by Hodges, seconded by Murawski , and
unanimously carried, Bono absent, that further reading
be waived, and that the Ordinance be introduced for first
reading.
6. MUNICIPAL CODE AMENDMENT - STUDY SESSIONS
Recommendation: That the Council amend the Municipal
Code to change Study Sessions from every Tuesday, starting
at 2 p.m. to every Tuesday preceding a City Council meeting,
starting at 1:00 p.m.
City Manager recommended the item be deferred to December
4, 1991.
(103-
It was moved by Murawski , seconded by Hodges, and 001)
unanimously carried, Bono absent, that a:hP item be
rescheduled to December 4, 1991.
7. ORDINANCE FOR SECOND READING & ADOPTION (Intro 10/16/91)
Assistant City Clerk read title of Ordinance 1399 as
follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS. CALIFORNIA,
ADDING SUBSECTIONS 25 AND 26 TO THE PALM SPRINGS MUNICIPAL
CODE 11.44.060 TO ESTABLISH LEGISLATION FOR ALCOHOL
IN CITY PARKS.
It was moved by Murawski , seconded by Hodges, and (103-
unanimously carried, Bono absent, that furd.her reading 001)
be waived, and that 01399 be adopted.
Council Minutes
11-20-91, Page 8
LEGISLATIVE ACTION:
8. LIBRARY AUTOMATED SYSTEM UPGRADE
Recommendation: That the Council approve the purchase
from Hewlett Packard of an upgrade to the HP3000/925 for
$94,171; an amendment with CM.SI to provide project
management services at a one time cost of $13,500 plus
an on going fee for the remainder of 1991-92 F/Y of $495, (117-
per month, and approve expenditures for -telephone line 006)
installation/rental not to exceed $4,160 for 1991-92 F/Y.
City Manager reviewed the staff report, and no further
report was given.
Resolution 17692 as recommended was presented, after which;
it was moved by Neel , seconded by Murawski , and unanimously
carried, Bono absent, that R17692 be adopted.
9. ADDITIONAL LEGISLATIVE ITEMS: None
CONSENT AGENDA:
10. See Item 28.
11. MO 4897 authorizing the City Manager to negotiate and prepare
a lease agreement with the Horse Foundation for the operation
of the Palm Springs Equestrian Center to be presented to the
Council for approval . (109-
007)
12. NO 4898 approving a $8,000 increase for legal services from
Rissetto, Weaver & Rosen for an administrative appeal to the
Assistant Administrator of Water, EPA Headquarters, relative (127-
to the claim for grant funds from the U.S. Environmental 001)
Protection Act.
13. NO 4899 approving Modification 003 to FAA lease to reflect
the construction of the Palm Springs terminal radar approach (051-
control facility located inside the air traffic: control tower 013)
lease plot.
14. MO 4900 approving the appointment of Goldman, Sachs & Company (051-
as underwriter of the bond issue for the second phase of the 056)
terminal expansion.
15. MO 4901 approving Federal Aviation Administration lease for
a temporary air traffic control tower at thr=_ Palm Springs (051-
Regional Airport. A3044. 013)
16. MO 4902 approving a subrecipient agreement for $18,000 with
the Palm Springs Senior Center as a part of the 1991.-92 (085-
Community Block Grant Program. A3045. 001)
17. Res 17693 approving Final Map 26943-1 for property located
at Sunrise Way, north of Sari Rafael , Section 35.
18. MO 4903 authorizing 'the Director of Public Works to transmit
a letter to the County of Riverside Transportation Department (123-
to co-permit in the National Pollutant Discharge Elimination 011)
System.
19. MO 4904 awarding contract for traffic signal installations
for $145,230. 13 to Sierra Pacific Electrical Contracting, (130-
CP90-10. 001)
Council Minutes
11-20-91, Page 9
CONSENT AGENDA (Cont'd)
20. NO 4905 amending contract with American Development Consultants (133-
for Environment Impact Report regarding the Canyon Redevelopment 006)
plan for $62,859.37, A2894.
21. MO 4906 approving sole purchase of City Yard fuel computer (117-
from Multiforce Systems Corporation, for $24,191.63, 006)
22. NO 4907 awarding bid for eighteen small trucks to multiple (084-
vendors on a line item basis, 12 vehicles to Fuller Ford, 008)
for $122,146.48; 3 vehicles to Pearson Ford for $44,015.52;
and 3 vehicles to Capitol Ford for $35,364.03, For a total
of $201,526.03.
23. NO 4908 awarding bid for miscellaneous computer hardware and
software for Desert Aids Project, under CDBG, to Computer (085-
Resources for Business for $15,168.94. 001)
24e NO 4909 approving expansion of the Palm Springs Road Races
race track course by approximately 6/10 of a mile within the (050-
present track infield and approving access to that expansion. 016)
25. NO 4910 awarding contract to David M. Griffith and Associates,
LTD. , to review continuing claiming opportunities for a flat (086-
fee of $3,950, and for preparation of all new state mandated 001)
cost claiming services at an additional fee of 30% of all
claims filed and paid to a maximum of $10,000; total maximum
cost for both services is $13,950. A3046.
26. Res 17694 and 17695 approving Payroll Warrants and Claims
and demands. (086)
27. Motion concurring in CRA Res 826 - 830. (124)
Resolutions 17693 through 17695 and Minute Orders 4897
through 4910 were presented; after which, it was moved
by Neel , seconded by Murawski , and unanimously carried,
Bono absent, that R17693 - 17695 and M04897 - 4910 and
motion of concurrence (Item 26) be adopted.
28. PALM SPRINGS INTERNATIONAL RACEWAY
That the Council approve the proposed resolution regarding
the Palm Springs International Raceway.
City Manager read the Resolution 17696 in its entirety, ( 116-
after which; it was moved by Murawski , seconded by Hodges, )
and unanimously carried, Bono absent, that R17696 be
adopted.
ADDED STARTERS: None
COMMISSION APPOINTMENTS:
a) National Organization of Disability, term 2-years,
(1991-92) - Matter deferred.
Council Minutes
11-20-91, Page 10
REPORTS OR REQUESTS:
29. DEPARTMENTAL REPORTS -• RECEIVED FOR FILING
a) Wastewater Treatment Plant 1991-92 Annual Report (127-
001)
CITY COUNCIL reports or requests
a) Mayor pro terra Broich stated that a letter was received
by The Movie Colony, Property Owners Association of
Palm Springs, regarding concerns related to Ruth Hardy (109-
Park ; and directed the City Manager to address those 008)
concerns.
PUBLIC reports or requests
a) Wayne Williams, Desert Rail Authority, stated that
a meeting was held between the City Council and the
Chamber of Commerce; and asked that a copy of those
minutes be provided.
Mayor pro tem stated that a sub-committee of the Council
was present at the meeting, and there were no minutes
taken at the meeting.
Councilmember Hodges stated that the meeting was not
of the full Council , but that of the Transportation
Sub-Committee,.
b) Karen Aguilar, 1975 Mark Leslie, suggested that the
Ordinance concerning slaughtering of animals be
publicized in the local newspaper in Spanish; or that ( 103-
a Spanish newspaper should be informed of' the Ordinance. 001)
Councilmember Murawski stated that the Public Relations
Department will handle the publicity.
STAFF reports or requests
a) City Manager stated that the budget is a prudent (061-
planning process; and that the City does not have 010)
a deficit at this time.
ADJOURNMENT
There being no further business, Mayor pro tem declared
the meeting adjourned to closed session as noted above
under Added Starters at the beginning of the meeting,
regarding pending litigation, after which the meeting
was further adjourned to Tuesday, November 26, 1991, 3:00
p.m. in the Large Conference Room, City Hall .
JUDITH SUMICH
City Clerk
BY: PATRICIA A. SANDERS
Assistant City Clerk