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HomeMy WebLinkAbout3/2/1983 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES MARCH 2, 1983 A Regular Meeting of the City Council was called to order by Mayor Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednes- day, March 2, 1983, at 7:30 p.m. ROLL CALL: Present: Councilmembers Doyle, Foster, Kubler, Maryanov and Mayor Bogert None The meeting was opened with the salute to the Flag and a moment of silence. COMMUNITY REDEVELOPMENT AGENCY: Mayor 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 Doyle, seconded by Maryanov, and unanimously carried, that the minutes of February 16, 1983 be approved. PUBLIC HEARINGS: 1 . GENERAL PLAN STREET PLAN AMENDMENT - ROSE AVENUE Recommendation: That the Council amend the General Plan Street Plan to delete Rose Avenue, north of Stevens Road, as a collector street. Director of Community Development stated that the Planning (101 ) ' Commission did not find any problem in vacating Rose Avenue, however, since it is shown on the Street Plan as a collector street, it is necessary to amend the Plan to delete that designation. Mayor declared the hearing open. Richard Smith, Eisner-Smith, representing property owners spoke in support of the proposal . ` There being no further appearances, the hearing was closed. Resolution 14525, amending the GPSP as recommended, was presented; after which, it was moved by Doyle, seconded i by Foster, and unanimously carried, that Resolution 14525 be adopted. k 2. AA CASE 3.512 - F. MATJASICH Consideration of appeal from Planning Commission denial of proposed residence on Southridge Drive, continued from 2-16-83 at request of appellant. Director of Community Development reviewed details of his (711 ) report, dated February 2, 1983, outlining Planning Commission discussion and action, noting that the AAC had approved both the building site and the design, and that the Commission's denial was by a 4-3-0 vote. Councilman Foster expressed concern about the type of "natural " stone material and the sample appears to have a brown face with yellow and white sides, and he was not certain whether it would blend with the hillside. Mayor declared the hearing open. 2 1 Council Minutes 3-2-83 Page 2 2. AA CASE 3.512 (Cont'd) ~ Dr. Garber, Southridge resident, stated that the site contains approximately 3 acres, and he believed the building would be an enhancement to the area; that it would not be visible from Southridge Drive and could only be seen from a small segment of East Palm Canyon Drive, near Cherokee; and that the Bob Hope house is the most discernible structure in the area, and he urged approval of the project. Dr. Allen Grant, 3298 Tigertail , stated that the ;house would be slightly visible from his residence, but from Highway 111 , a person would be able to see the three houses above �= it; and that he believed it would be a credit to the area. Allen Perrier, 3001 Tahquitz-McCallum Way, a.cLorney for the appellant, stated that architectural style is measured against the immediate neighborhood; that the project proposed is not inconsistent with the development of the area, and ` it will not detract from other sites; that the Southridge CONT'D Homeowners Association has approved the project; that (111 ) appellant has complied with requirement to reduce the height and size of the structure; that an argument that the house is too large is not logical , since the Hope house is four times as large; and that he urged reversal of the Planning Commission action. Wendell Veith, Architect, 67660 Penita Road, stated that the stone will be compatible with the site, and it is the owner' s desire to have the house blend into the hillside 1 and not be glaring; that percolation tests have shown the site is conducive to a sewage disposal system; that he believed the architecture will blend into the surrounding area; and that the house sits below the ridge and its profile will not be seen from any single view. In answer to questions by Council , Mr. Veith stated existing fill will be removed; that retaining wall will be built, but at no time during construction of the house or the road will dirt be spilled over the side; that walls will emerge from natural grades, and be filled against to niake the pad for the house; that there is no intent to add extra land- scaping on the hillside; that the least amount or disturbance on the site is sought; and that a restoration plan would have to be approved by the City. Director of Community Development stated that restoration plan, indicating details, would have to be approved and implemented prior to issuance of an occupancy perrrrit. Jim Ferrar, 1145 N. Sunrise, Engineer, stated that the access road can be built to acceptable engineering standards, and retaining walls will be designed accordingly; that there will not be any "sluff-over" and that the retaining walls can be faced with natural stone to blend in with the hillside. There being no further appearances, the hearing was closed. Councilman Doyle stated that given the fact that existing fill will be removed, that the house will only be seen from a small segment of Highway 111 , that a restoration plan will be required, and that the house will enhance Southridge and I'he community, he favored the project; and, if approved, the staff should monitor it to insure that it is accomplished in the manner proposed. Council Minutes 3-2-83 Page 3 2. AA 3.512 (Cont'd) Councilman Foster echoed concerns regarding monitoring, and requested that if any problems occur along the line, they will not get out-of-hand. CONT' D (111 ) It was moved by Doyle, seconded by Kubler., and unanimously carried, that the Planning Commission action be overruled and that the site and building design be approved. PUBLIC COMMENTS a) Edith Spitzer, 314 Monterey Road, questioned why there were no comparison studies relative to co--generation issue (Item 7) and why Energy Element was being con- sidered, if co--generation had already been decided. City Manager stated that the issue of co--generation was initiated 8 months ago, and has been the subject of discussion at both Energy Commission and City Council meetings, at which there is opportunity for public views, but that it is not a subject which requires public hearing, per se. b) Dr. R. Bertrand, 973 Chino Canyon, spoke in opposition to Item 7, stated that gas is a carbon combustion fuel which leads to "greenhouse affect" and removal of fossil fuels will result in raising the sea level in the next two centuries ; and that the Council should consider use of windmills as a clean and renewable source of energy. c) Greg Mandinach, 2351 Camino Paracanto, member of the Energy Commission, stated that the Commission has reviewed this matter for some time, and that the small cost of the project is insignificant to that which will be saved in the future. LEGISLATIVE ACTION: 3. DETERMINATION CASE 10.328 - OUTDOOR BAR SERVICE Recommendation: That the Council review Planning Commission determination that outdoor bars are an appropriate accessory use in conjunction with full service restaurant or resort hotel , when said bar is not visible nor accessible from (94) the street or sidewalk. Director of Community Development reported that this subject , came into view as a result of an inquiry by a Councilrnember regarding this type of use; that the Zoning Ordinance provides that uses which are not clear or defined in the ordinance may be clarified by determination of the Planning Commission; and that the Commission determined this is an appropriate use as noted above. In answer to questions by Council , Director of Community Development stated that the Cafe Expresso had submitted an application which included a beverage center., however, it was not in question - rather the colors, design, etc; that the beverage center could have been built, without further permit, unless it required plumbing or electrical installa- tion, but there still would not have been a question as to what would be sold; that the question of outdoor service bars came up after its installation was completed; and that the plan showed there would be stools at the beverage center. ' Council Minutes 3-2-83 Page 4 3. DETER. CASE 10.328 (Cont'd) Councilman Foster stated that the problem does not arise from the bar, per se, but from the people who sit next to the sidewalk and consume alcohol ; that the Care Expresso has always been a restaurant and bar and when a beverage center was shown on its plan, it would not be reasonable to assume it to be other, than a liquor bar, and that he did not believe the owner should be penalized for being caught in a position which was not of his own making. Director of Community Development stated that once inquiry was made of the ABC Board, regarding status of outdoor bar service, the Cafe Expresso owner is now being required by 94) D ( ABC to obtain a separate license for that service, and no g4) license will be issued until the City gives indication that the use is in compliance with its codes; that the Commission believed it appropriate to have it covered under a defined process, so it would not have to be resolved each time the issue arose; and that alcohol mixed inside the restaurant could still be served outdoors. Councilwoman Kubler stated that there are some establishments which handle this use in a quality manner which does not impair the image desired for the community. In answer to questions by Council , City Attorney stated that, if the determination stood, existing establishments which mix and serve alcohol outdoors which can be seen from the street or sidewalk, would become non-conforming; that the Cafe Expresso could claim non-conformity or estoppel ; that any desire to grandfather such existing uses, would mean that the determination would have to be made that the Planning Commission determination is not correct and that such outdoor service bar is not currently prohibited, and that the staff would be directed to prepare an ordinance change to accomplish prohibiting the use as determined by the Commission. Councilman Doyle stated he agreed that since this was not a matter of record, that the Cafe Expresso owner should not be penalized, however, he also agreed with the Commission' s viewpoint; and that the business owner should be apprised that this is an area which the Council is pur- suing. Councilman Foster stated that review of developing an ordi- nance should include a means of addressing the problem of outdoor consumption of alcohol on premises adjacent to the sidewalk or street. Following discussion, it was moved by Doyle, seconded by Kubler, and unanimously carried, that: a) the Council deter- mines that an outdoor bar service is a proper activity under the zoning ordinance; b) that the City Attorney prepare an ordinance which will embody the proposal of 'the Planning Commission; and c) that the City Manager direct staff not to issue any permits for such use during the period of prepar- ation and adoption of the ordinance amendment. Council Minutes , 3-2-83 Page 5 4. MUNICIPAL CODE AMENDMENT - BUSINESS LICENSE TAX FISCAL YEAR Recommendation: That the Council amend the Municipal Code to change the business license tax fiscal year to a year-to-date of application basis. Finance Director reviewed his report, dated March 2, 1983, noting that the anniversary date would change upon transfer or business name change, at which time a new license would be required. Councilman Foster questioned the equity of charging another license if it is only a name change or selling of the busi- ness; and that there is nothing to keep a person from changing the name, character, or number of employees between anniver- sary dates, once the initial license is obtained. City Clerk read title of ordinance, as follows: (64) AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFIORNIA, AMENDING CHAPTERS 3.40 AND CHAPTER 3.56 OF THE PALM SPRINGS + MUNICIPAL CODE, BY AMENDING VARIOUS SECTIONS AND PROVISIONS THEREOF RELATING TO THE BUSINESS LICENSE TAX FISCAL YEAR. It was moved by Doyle, seconded by Kubler and unanimously carried, that further reading be waived; and it was moved by Doyle, seconded by Kubler, and carried bar, the following vote, that the ordinance be introduced for first reading: AYES: Doyle, Kubler, Maryanov & Bogert NOES: Foster ABSENT: None 5. AIRPORT LEASE - SCHNECK AVIATION AGR AMENDMENT Recommendation: That the Council waive performance bond requirements of Legse Agreement #1728. Report highlighted by Transportation Director. Minute Order 3204, waiving requirement, was presented; after (51 ") which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that Minute Order 3204 be adopted. 6. ORDINANCES FOR SECOND READING & ADOPTION (Intro. 2-1-83) City Clerk read title of Ordinance 1175, establishing speed limit zone on Bogie Road; and Ordinance 1176, amending the (103 & Zoning Text relative to prevention of flood damage; after 132) which, it was moved by Doyle, seconded by Kubler, and unani- mously carried, that further reading be waived, and that Ordinances 1175 and 1176 be adopted. Council Minutes 3-2-83 Page 6 7. COGENERATION FINANCING & PRELIMINARY ENGINEERING Recommendation: That the Council authorize staff to circulate a third party financing RFP; accept proposal of Pacifica 1 Energy, for preliminary engineering design; and amend the budget to appropriate $106,384. City Manager stated that the cogeneration plant would effectively place a cap on any future energy cost increases (52 & to the current system; that a cost avoidance of well over 61) $14 million would be achieved if there were a 10% cost increase over the next 20 years for both systems ; that if such had been factored in, the number of years for payback would be reduced; that cogeneration uses waste heat, which translates into cost savings; and that solar production is no where near that of cogeneration. Building & Safety Director stated that this subject has been thoroughly examined in the public process ; that the project was compared to other fossil fuels, but not to solar, wind or other energy forms which have not been proven ; that the foundation of the Energy Element relates to proven state- of-the-art items; that solar is not cost-effective; that the feasibility of cogeneration has already been determined, and .the proposal relates to engineering services; and that the City Hall plant would gross $12.3 million and Sunrise Plaza would add $6 million. He also reviewed his supple- mental report, dated March 2, . 1983, noting that last minute information has been received that So. Calif. Gas Co. is eligible for reinstated grant, program and the City could receive $27,000 towards the cost of the engineering services. He commented on necessity to have top-notch consulting, coordinating and engineering services; that Pacifica is highly recommended by -the State Energy Commission, the State Corrections Group, and the gas company; and that the engineering costs will be 8.5% of the total project cost. In response to question by Council , City Manager stated that the City is ahead of other municipalities in this field by 9-12 months, and he anticipated a dramatic increase in the near future. Building & Safety Director stated that state--of-the-art, proven equipment will be used - not experimental equipment. In answer to questions by Council , Jim Moore, Pacifica Energy, stated that Shaviera Engineering has systems , on record and have three projects in which it will be part owner; that he has contract with Hawthorne Tractor, to work with it in developing projects that involve reciprocal engines ; and that of the contract price, $4,000 is for him and the remainder is for Shaviera Engineering. Minute Orders 3204, 3205 and 3206, authorizing RFPs, accepting proposal of Pacifica, and authorizing participation in So. Calif. Gas Co. grant program; and Resolution 14526 amending the budget, were presented; after which, it was moved by Doyle, seconded by Foster, and unanimously carried, that Minute Orders 3204 through 3206 and Resolution 14526 be adopted. Council Minutes 3-2-83 Page 7 ' S. P.S. ORD CODE - REPEAL OF CONFLICTING SECTIONS Recommendation: That the Council repeal various articles and chapter of the P.S. Ordinance Code, which are not codified in the Municipal Cade, but in conflict therewith. (103) City Clerk read title of ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING CERTAIN ARTICLES AND CHAPTERS OF THE PALM SPRINGS ORDINANCE CODE, NOT CODIFIED IN THE PALM SPRINGS MUNICIPAL CODE. It was moved by Kubler, seconded by Maryanov, and unanimously carried, that further reading be waived, and that the ordi- nance be introduced for first reading. 9. SALE OF LEASE OF CITY PROPERTY Recommendation: That the Council adopt specific guidelines for the sale, lease or rental of City real property. Report w highlighted by Finance Director, including minor changes , requested at last study session. Resolution 14527, as amended, was presented ; after which, it was moved by Doyle, seconded by Maryanov, and unanimously (m) carried, that Resolution 14527 be adopted. ' City Manager directed to provide copy of resolution to current leaseholders who may be effected by the policy. CONSENT AGENDA: 10. Minute Order 3207 approving Change Order 13 to increase Dilling- (127) ham Construction Co. contract for Wastewater Treatment Plant by $42,567. 11 . Resolution 14528 granting underground electric easement to (147) So. Calif. Edison, re Sewer Pump #1 . 12. Resolution 14529 granting underground electric easement to So. Calif. Edison, re Tract 17642-3, (147) 13. Resolution 14530 granting gas line easement to So. Calif. Gas (147) Co. , re Tract 17642-1 . 14. Minute Order 3208 awarding purchase of a telescopic aerial (84) device to ARKO Equipment, Inc. , in amount of $22,522.88. 15. Resolution 14531 approving Tentative Tract Map 14740 to divide (137) , property on Escoba, between radio tower and Los Compadres Stables - C.Mills/Coble-Hampton. T6. Resolution 14532 and 14533 approving Payroll & Claims & Demands. (8611 17. Resolution 14534 amending Allocated Positions & Compensation Plan to reclassify Clerk Typist I to Clerk Typist II , for (61 ) Community Development/Planning Division. It was moved by Faster, seconded by Maryanov, and unanimously carried, that Resolutions 14528 through 14534 and Minute Orders 3207 and 3208 be adopted. 22 , Council Minutes 3-2-83 Page 8 18. WASTEWATER TREATMENT PLANT - DILLINGHAM CHANGE ORDER #14 i Recommendation: That the Council , as agent for the Public Facilities Corp. , approve Change Order 14 to increase contract (127) with Dillingham Construction Co. , for the treatment plant expansion. Director of Community Development displayed plan showing placement of the trees. Minute Order 3209, approving the change order as recommended, was presented; after which, it was moved by Doyle, seconded by Maryanov, and unanimously carried, that Minute Order 3209 be adopted. 19. AIRPORT GRANT 3-06-0181-01 AMENDMENT #2 Recommendation: That the Council approve amendment #2 to the above grant agreement. Report highlighted by Transporta- tion Director, noting that amendment increases grant to $1 ,702,198. (51 ) Resolution 14535, accepting the offer and amending the grant was presented ; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that Resolution 14535 be adopted. ' REPORTS & REQUESTS: 20. DEPARTMENTAL REPORTS - Received & Ordered Filed a) Treasurer' s Monthly - December, 1982 21 . CITY COUNCIL reports or requests a) McCallum Building: Staff to check on lighting facility and condition of fig tree. 22. PUBLIC reports or requests a) Ruth Ednie submitted documents which she believed ' supported her previous allegation of discrimination in City employment practices. ADJOURNMENT There being no further business at 9:20 p.m. , Mayor declared the meeting adjourned. VJUDITH SUMICH ' City Clerk