Loading...
HomeMy WebLinkAbout2/16/1983 - MINUTES'.0 6 CITY OF PALM SPRINGS CITY COUNCIL MINUTES FEBRUARY 16, 1983 A Regular Meeting of the City Council was called to order by Mayor , pro tem Maryanov, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, February 16, 1983, at 7:30 p.m. ROLL CALL: Present: Councilmembers Doyle, Foster, Ortner-Kubler and Maryanov Absent: Mayor Bogert The meeting was opened with the salute to the Flag and a moment of silence. SPECIAL PRESENTATION: Ralph Hitchcock, Southern California Edison, presented checks to the City totalling $8,474± relative to conservation rebate program. He stated that as a result of conservation and load management, the City has experienced a '13% reduction . in annual kilowatt hour usage. COMMUNITY REDEVELOPMENT AGENCY: Mayor pro tem declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which members reconvened as the City Council . APPROVAL OF MINUTES: It was moved by Foster, seconded by Doyle, and unanimously carried, that the minutes of January 19 and February 2, 1983 be approved. Bogert absent. PUBLIC HEARINGS: ' 1 . AA CASE 3.512 - F. MATJASICH Consideration of appeal by Allen Perrier, representing Frank Matjasich, from Planning Commission denial of proposed resi- dence on Southridge Drive, between Tigertail Lane and South- ridge Circle. (111j Director of Community Development reviewed his report, dated February 2, 1983, noting that the AAC recommended approval regarding the site and building elevations, and that the Planning Commission by a 4-3 vote denied the application. He displayed exhibits showing the site elevation and the area applicant believes would serve as a mitigation measure. Mayor pro tem declared the hearing open ; noting that three members of the Council made trip to the site for inspection. Kathleen Brant, 3298 S. Tigertail Lane, representing the Southridge Architectural Committee, stated that the committee approved the plan, including changes thereto, and it has seen the model and believes the house will be a good addition ' to the Southridge area. There were no further appearances. Following discussion regarding desire of applicant to continue the hearing; it was moved by Doyle, seconded by Foster, and unanimously carried, Bogert absent, that the hearing be continued to March 2, 1983. Council Minutes 2-16-83 Page 2 2. ZONING TEXT AMENDMENT - FLOOD PLAIN MANAGEMENT Recommendation: That the Council amend the Zoning Ordinance to add provisions relating to the prevention of flood damage, pursuant to requirements of FEMA. Director of Community Development highlighted his report, dated February 16, 1983poting that this will make a greater amount of flood insurance available to the public at a lower premium; and that this matter was reviewed in detail at a (103) study session two weeks prior. Mayor pro tem declared the hearing open ; there being no appearances, the hearing was closed. City Clerk read title of Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 9317.00 TO THE PALM SPRINGS ZONING ORDINANCE, THERETO RELATING TO THE PREVENTION OF FLOOD DAMAGE. It was moved by Doyle, seconded by Foster, and unanimously carried, Bogert absent, that further reading be waived, and that: the Ordinance be introduced for first reading. 3. PUBLIC NUISANCE ABATEMENT - SMOKE TREE VILLA APPEAL Recommendation: Consideration of appeal from posting of public nuisance and order to remove storage sheds in the rear yard setback at 1586 E. Palm Canyon - matter continued (57) from 2-2-83 at request of appellant. Building & Safety Director reviewed his report, dated February 2, 1983, noting that the structure is an obstruction in the setback and creates a firefighting problem as well as a violation of the setback requirement. Mayor pro tem declared the hearing open ; there being no appearances, the hearing was closed. Councilman Doyle stated that he viewed the site, following the last meeting, and he did not see any substantial improvement; that it is a clear infraction of the code and a hazard to the adjacent property; and he did not support the appeal . It was moved by Doyle, seconded by Ortner-Kubler, and unanimously carried, Bogert absent, that the appeal be denied, and the posting be upheld and the nuisance immediately be abated. Council Minutes 2- 16-83 Page 3 PUBLIC COMMENTS a) Wendell Veith, 67660 Conita Road, expressed a concern relating to the Planning Commission, in that applicants are allowed only three minutes in which to make a presentation, and do not have any further opportunity to rebut comments by the staff or commission, or to state their position on issues as they arise. He requested that the Council look into the subject and refer it to the Commission if necessary, that applicants have some opportunity to give a defense after -initial reaction to their plans is made and before the Commission votes on the matter. Mayor pro tem requested that the Director of Community Development look into the subject and report back to the Council . LEGISLATIVE ACTION: 4. ASSESSMENT DISTRICT 143 - ENGINEERING CONTRACTS Consideration of approving contracts for engineering services in connection with the above district, was continued from February 2, 1983. In answer to questions by Council , Director of Community Development stated that because of the lull in the economy and the size of the project, the approach taken in selecting the engineering firms seemed appropriate; that smaller projects normally involve RFPs, screening of 5-6 firms, followed by (56) an interview of the top 4-5. Councilman Doyle stated that he supported concerns about getting the best price and not paying more than is reasonable; that in the field of professional services, problems have been encountered in the past, and it may not be wise to go with the lowest bid; that the magnitude of the project needs to be considered and the Council apprised of the process, in order for it to provide input. Councilman Foster stated that he was not advocating the lowest bid, but an interview process which leads to the best qualified firm, taking into consideration fee, ability and capability; that a competitive situation can ideally produce the lowest fee schedule; that in the market place today, everyone is more competitive ; and that his concerns relate to future such endeavors. Resolution 14512 appointing engineers and approving agreements therewith, was presented; after which, it was moved by Doyle, seconded by Foster, and unanimously carried, Bogert absent, that Resolution 14512 be adopted; Maryanov abstaining on Item 1 therein (Mainiero). 2 W Council Minutes 2-16-83 Page 4 5. P.S. PROJECT - CONSULTING SERVICES Recommendation: That the Council extend agreement with Sentient Systems, Inc. , for second year. Community Affairs Officer reported that funds were budgeted ' for the second year, but not extension of the contract; that the contract is subject to cancellation on 30 days notice; that the proposal has been provided to the Council , (133) detailing the scope of services, which was based on 8 task forces, however, there will not be that many; and that the Steering Committee time will be reduced. Steering Committee Chairman stated he believed it necessary to continue with the consultant; and that he believed after the second year, it would be possible to continue the program with volunteers and city staff. Councilman Doyle stated that he believed the program has proven its worth; there has been much learned about reaching out and getting participation in the decision making process; and that it has been helpful in identifying potential problem areas. Mayor pro tem stated that cancellation and budget amount were concerns which related to state of economy today, and difficulties facing schools, state, and local government, and the need to be able to cancel should budgetary cuts be necessary. He stated that he felt the community showed its support of the program by the number of people who attended the last town meeting, and their enthusiasm and positive attitude. Minute Order 3200, extending the agreement as recommended, was presented ; after which, it was moved by Doyle, seconded by Foster, and unanimously carried, Bogert absent, that Minute Order 3200 be adopted. 6. BOGIE ROAD SPEED LIMIT On February 2, 1983, Council directed preparation or" ordinance to establish 35 and 45 mph speed limits on Bogie Road, between Ramon and Highway 111 . Councilman Foster stated that he still believes that 45 (132) mph on half-street with intersecting streets creates a hazard, however, he would relinquish his objection to the designation between Ramon and Highway III as 45 mph, provided that staff monitors this portion of the street for the next year in terms of accidents or problems in that area between Ramon and 150 ft So. of Mesquite, and bring it back to the Council for further consideration if problems are evident. City Clerk read title of Ordinance, as follows: 1 \ AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 12.20.020 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO ESTABLISHMENT OF CERTAIN SPEED LIMIT ZONES. It was moved by Foster, seconded by Doyle, and unanimously carried, Bogert absent, that further reading be waived, and that the Ordinance be introduced for first reading. Council Minutes 2-16-83 Page 5 CONSENT AGENDA: 7. Resolution 14513 amending the budget to appropriate $40,000 to (61 & provide additional funds for legal fees and contractual services 68) in the City Attorney's Office. 8. Resolution 14514 declaring intent to vacate portion of Rose Avenue and Coronado Avenue, north of Stevens Road, and set hearing for (145) March 16, 1983. 9. Resolution 14515 approving final development plans for savings and loan facility to be located on SW corner of E. Palm Canyon (116) and Sunrise Way, C. Hellman. , P.D. 69-A. 10. Resolution 145i6 approving six-month time extension for Tenta- tive Tract Map 18373, for property on the NW corner of Via Donna (137) and Paseo El Mirador, L. Zehfuss. 11 . Minute Order 3201 awarding contract to E.L. Yeager Construction Co. , Inc. for sidewalk improvement on Avenida Caballeros, between (129) Paseo El Mirador and Tachevah Drive, in amount of $12,350. 12. Minute Order 3202 awarding purchase of a triplex greensmower (84) to Toro Pacific Distributing, in amount of $9,010. 13. Resolutions 14517 and 14518 approving Claims & Demands & Payroll (86) Warrants. 14. Resolution 14519 concurring in CRA actions. (124) It was moved by Ortner-Kubler, seconded by Foster, and unanimously carried, Bogert absent, that Resolutions 14513 through 14519 and Minute Order 3201 and 3202 be adopted. 15. COMPUTER MAINTENANCE AGREEMENT Recommendation: That the Council approve agreement with IBM to provide maintenance services on the Cit;y's IBM computer, in amount of $1 ,475 per month; and appropriate additional funds in amount of $1 ,544 to cover remainder of the fiscal , year. (117) Resolution 14520 amending the budget, and Minute Order 3203, approving the agreement, were presented; after which, it (61 ) was moved by Ortner-Kubler, seconded by Foster, and unanimously carried, Bogert absent, that Resolution 1,1520 and Minute Order 3203 be adopted. 16. CVAG SPECIAL ASSESSMENT Recommendation: That the Council appropriate $4,278 to cover payment of special assessment required to offset a deficit experienced by CVAG. (61 & 123) Resolution 14521 amending the budget, was presented; after ' which, it was moved by Doyle, seconded by Foster, and unanimously carried, Bogert absent, that Resolution 14521 be adopted. Council Minutes ` 2-16-83 Page 6 17. TRACT 18848 - TENTATIVE MAP Resolution 14522, approving Tentative Tract Map 18848 to divide property on Camino Real , north of Laverne Way, KWL/D. Mendlascino, was presented. Director of Community Development stated that this matter was reviewed in detail at the last study session, and that it is the result of an approval by the Planning Commission for conversion of apartments to condo- (137) condo- miniums in 1982, after a parking variance was approved in July, 1982. Councilman Foster expressed opposition because of lack of curb parking due to curved configuration of the corner, and elimination of apartment rentals in the Community, creating problems for people who need to rent units. ;le stated that he was aware the variance was granted and the Council could have appealed, but he believed the substandard parking will adversely affect the neighborhood. Councilman Doyle stated he was not supportive of the variance, but there was no legal reason why the map should be denied; that the subject of reduced housing stock was discussed at the last study session, however, it was not discussed by the Planning Commission, and unless there are reasons which have a legal foundation to support denial of the map, the applicant should be allowed to proceed. In answer to question by Council , City Attorney stated that the only basis for denial would be lack of conformity with the General Plan; however, in recommending approval of the map, the Planning Commission must have found that it is in ' conformance with the General Plan, and he was not aware of any reasons to the contrary. Councilman Foster stated that he believed the parking will increase with permanent condominium dwellers and will cause a problem in the neighborhood. City Attorney stated that he did not feel it was adequate basis for denial because of approval of the parking variance and from a legal standpoint, there is parking required by law. Mayor pro tem stated that he shared the concern, however, he did not find any way to vote against the map; and suggested a more careful watch for consideration of variances of this type. It was moved by Ortner-Kubler, seconded by Doyle; and carried by the following vote, that Resolution 14522 be adopted: AYES: Doyle, Ortner-Kubler and Maryanov NOES: Foster ABSENT: Bogert Council Minutes , 2-16-83 Page 7 REPORTS & REQUESTS: 18. DEPARTMENTAL - Received & Ordered Filed a) Annual Financial , June 30, 1982 19. CITY COUNCIL reports & requests - None 20. PUBLIC reports or requests - None 21 . STAFF reports or requests a) Recommendation that Council adjourn to Wednesday, February 23, 1983, at 2 p.m. , in-lieu of Tuesday study session, in order to meet with Supervisor Larsen„ and to act on legislative matters, e.g. , Tract 16759 and Fredricks Lease. ADJOURNMENT 4 There being no further business at 8:40 p.m. , Mayor pro tem declared the meeting adjourned to Wednesday, February 23, 1983, at 2 p.m. , in the Large Conference Room, City Hall . (07-Z t:. UDITH SUMICH City Clerk 1 •r 1