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HomeMy WebLinkAbout4/6/1983 - MINUTES CITY OF PALM SPRINGS , CITY COUNCIL MINUTES APRIL 6, 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, April 6, 1983, at 7:30 p.m. ROLL CALL: Present: Councilmembers Doyle, Foster, Maryanov, Ortner & 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 Foster, seconded by Doyle, and unanimously carried, that the minutes of February 23, March 2, 16, and ` 22, 1983 be approved. PUBLIC HEARINGS: 1 . GENERAL PLAN AMENDMENT - REVISED HOUSING ELEMENT Recommendation: That the Council approve revised Housing Element. Report reviewed by Economic Development & Housing Director. Mayor, declared the hearing open; there being no appearances, the hearing was closed. Resolution 14546, approving revised element, was presented ; (101 ) after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that Resolution 14546 be adopted. 2. ZONING TEXT AMENDMENT - ELECTRONIC GAME ARCADES M Recommendation: That the Council amend the Zoning Text to delete phrase "pinball machines, shooting galleries and elec- tronic games as a primary use, "from the Uses Prohibited category of the C-1 zone. Mayor declared the hearing open; there being no appearances, + the hearing was closed. (103) City Clerk read title of Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO DELETE OUTDATED LANGUAGE CONCERNING ELECTRONIC GAME ARCADES IN C-1 ZONES. It was moved by Doyle, seconded by Foster, and unanimously — carried, that further reading be waived, and that Ordinance be introduced for first reading. 2.a Council Minutes 4-6-83 Page 2 2A. BOARD OF APPEALS RULING - WM. GIETTER APPEAL On March 16, 1983, the Council continued appeal of William Gietter from Board of Appeals ruling, at request of appellant. Building & Safety Director reviewed his report, dated March 16, 1983, and stated that there are provisions in ':he National Electrical Code for interpretations by the building official , and that Board may make recommendations on such interpreta- tions; that appeal is to waive lighting requirements for self-storage facility, in that appellant believes there is a distinction between warehouse and self-storage and states his reason in his letter of appeal ; that hearing was held by the Board and the request was denied for the reasons as outlined in his said report; that the Board found a differen- tiation exists between warehouses and self-storage and that the Code applies 1/4 watt per square foot; that he believed (112) this did not mean to concentrate all of the lighting in one spot, but rather to spread that lighting over the total square footage; that only the State Legislature can vary from the code, however, local amendments may be adopted by the City Council ; and that if the request were to be approved, the matter should be referred to the Board for recommendation regarding a code amendment. He strongly recommended that any changes be through the Building Officials Conference, noting that the only local amendments currently existing relate to housing and are based on topographical and clima- tological conditions. Mayor declared the hearing open.' Mr. Gietter, 2688 Calle Palo Fierro, stated that AB 750, adopted by the State in 1981 , differentiates between warehouse and self-storage - in self-storage the individual tenant has control of the space, which is not the case in warehouses; that his electrician contacted officials with the National Electric Code who advised him that the control is not with the Code but with fire prevention and a city has the right to waive the 1/4 watt per sq. ft. and they would send a letter of verification as to that statement; that other communities, e.g. , Indio and Palm Desert, and counties do not require the lighting in self-storage units; that his plans, as origi- nally submitted, did not indicate the lights; that business hours will be during the daytime, and tenant would have to install the lights if evening hours were desired ; that he was aware of one such facility in Palm Springs that does not have lights; that lack of lights will preclude people from living in the units; and that he did not want to have keys or access to the content of the units. In answer to question by Council , Building & Safety Director stated that the National Electric Code is a membership agency, comprised of cities and other agencies with staff who are experts in interpretation of the code; that it communicates only with building & fire officials and he did not believe a letter would be forthcoming from it to Mr. Gietter, since it is run as a consulting agency to its members; and that AB 750 did not refer to electrical or building codes, and if it wished to do so it could have likewise amended those codes. Mr. Gietter reiterated some of his previous comments, and questioned why the subject was not addressed at time of plan check. There being no further appearances, Mayor declared the hearing closed. Building & Safety Director stated that there has been lighting required in all but one such facility, and that one was an J Li �I Council Minutes 4-6-83 Page 3 2A. WM. GIETTER (Continued) oversight and there will be action to correct it; and that DONT' he is not responsible for administration of the codes by C ONT' other jurisdictions. Councilman Doyle stated that he supports the code as currently written and he did not find any reason for exception as long as there is uniform enforcement, and he did riot support the appeal . It was moved by Doyle, seconded by Ortner, and unanimously carried, that the appeal be denied. 3. VARIANCE 6.333 - VIRGIL MURPHY APPEAL Consideration of appeal by Virgil Murphy from Planning Commission denial of variance for two side-yard setback vari- ances to allow expansion of a single-family residence at 803 Monte Vista. (146) Director of Community Development reviewed chronology of events, as noted in his report, dated Aprill 6, 1983, and reported that Planning Commission denied the variance, which would, therefore, require removal of the existing slab and structure encroaching into the northerly side of the property. Mayor declared the hearing open. , J. K. Moran, Jr. , attorney representing the appellant, stated that uses in the setback area are rampant and the subject request should not be denied; that there is no adequate area in which the structure can be built; that it would not be fair to require the appellant to remove the structure, which was in-place at the time he purchased the property and which would cost $80,000 to relocate; that the City' s ordinance was drafted to prevent such inequity and hardship; that it is not visible from the street, and is surrounded by growth and cannot be seen and there are no complaining parties. In answer to question by Council , Mr. Moran stated that the appellant represents that he owns from the wall to the street line, which is an additional 7 feet, and he showed the wall as his property line in following what he believed were staff directions; that he is willing to concede that the wall is ^ in fact the property line, but he did not think it was crucial to the discussion, and only raised it to show additional reason why the variance should be granted; and that 'there is enough room that the structure will not bother anyone. Director of Community Development stated that staff may have suggested that there would be room on the property for the addition to be done legally, but there is no requirement to reconstruct it somewhere else, nor did he believe it would cost $80,000; that curb lines are seldom ,property lines; and that visibility of the object is not criteria for granting a variance. *Exhibit submitted: 2 panels of photographs Council Minutes ' 4-6-83 Page 4 3. MORPNV VARIANCE (Continued) City Attorney stated that a memorandum to hilii from Joan Baumgarten, dated March 25, 1983, was distributed to the Council and to the appellant's attorney; thai the panels of photographs submitted by Mr. Moran were not identified other than a statement by Mr. Moran that they are violations, CONT'D non-conformity or properties which enjoy a. particular (143) privilege; that they do not help the appeal or authorize the granting of the variance; that other non-con Forming uses might justify granting others, but it is not �equired; that the City code is drafted following State law for granting variances which require that four specific -Findings must be made; and that a buyer inherits whatever problems might be in place at the time of purchase of the property. Mr. Moran submitted a list of addresses of the photos in his exhibit; and stated that City staff who made the decision and recommendation to the Planning Commission had not been on the property; that he had not received a copy of Ms. Baumgarten 's memorandum and wished time to review it, but felt it was insignificant in that it only stated that the Council is not required to act, but may rule in a certain way; and that there was no intentional violation and the appellant is an innocent buyer. There being no further appearances, the hearing was closed. Councilwoman Ortner stated that the Council has tried to correct these violations, and has a duty to uphold the codes. Councilman Foster stated that a 2-ft setback creates a fire hazard. In answer to questions by Council , Director of Community Development stated that the slab could be used for a patio, but no structure could be attached to it; that of those items listed in the chronology, permits have been taken and items corrected or to be corrected; and that no staff person looked x at the integrity of what was built, but it is not necessary to physically enter the property to see that there is an encroachment. Councilman Doyle stated that there has been no significant argument to support the variance, and he believed the Planning Commission was correct in its findings that three of the four specific findings could not be made; and that he did not support the appeal . It was moved by Doyle, seconded by Foster, and unanimously carried, that the appeal be denied. ' �6 Council Minutes 4-6-83 Page 5 PUBLIC COMMENTS: None a LEGISLATIVE ACTION: j 4. PARCEL MAP 18787 - TENTATIVE MAP James Schlecht, attorney for applicant, stated that he believed (119) a number of the issues to which the applicant took exception can be worked out with staff and he recommended that this matter be continued to the next meeting; after which, it was moved by Doyle, seconded by Foster, and unanimously carried, that this matter be continued to April 20, 1983. 5. TENNIS CENTER - CONCESSION AGREEMENT r Recommendation: That the Council approve concession agreement with Pete Kelly and Marji Palmer for operation of the Tennis Center. Report of Director of Community Services reviewed by Community Services Planner. Minute Order 3214, approving the agreement as recommended, was presented; after which, it was moved by Foster, seconded (117) by Maryanov, and unanimously carried, that Minute Order 3214 be adopted. 6. BOARD/COMMISSION APPOINTMENT POLICY Consideration of revised requisites for consideration of appointment to City boards or commissions and procedures for making appointments thereto. Matter reviewed in detail at last study session. City Attorney noted revisions, as requested by Council in study sessions. Resolution 14547, establishing policy and rescinding prior resolutions, was presented; after which, it, was moved by Doyle, seconded by Foster, and unanimously carried, that Resolution 14547 be adopted. 7. MUNICIPAL CODE AMENDMENT - GARAGE, PATIO & YARD SALES Recommendation: That the Council amend the Municipal Code to add provisions regulating garage, yard and patio sales within the city. Report reviewed by Director of Community Development, stating that he was not aware iif the Planning (103) Commission is aware of the change, but it is not one which � requires its approval or recommendation. Councilman Doyle suggested that if it is not aware of the amendment, the Commission should be informed. City Clerk read title of Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.58 TO THE PALM SPRINGS MUNICIPAL CODE REGULATING GARAGE, YARD AND PATIO SALES WITHIN THE CITY. It was moved by Foster, seconded by Maryanov, and unanimously carried, that further reading be waived and the ordinance be introduced for first reading. S F Council Minutes 4-6-83 Page 6 8. MUNICIPAL CODE AMENDMENT - ENERGY COMMISSION A City Clerk reading title of Ordinance 1179, introduced 3-16-83, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REMOVING THE SUNSET DATE OF THE ENERGY COMMISSION. (60) It was moved by Doyle, seconded by Foster, and unanimously carried, that further reading be waived, and that Ordinance 1179 be adopted. 9. ECONOMIC DEVELOPMENT CONSULTANT SERVICES Recommendation: That the Council approve agreement with Wedin Enterprises, Inc. , in amount not to exceed $15,000 for professional consultant services in connection with rede- velopment and economic development activities. (See CRA Minutes of same date) Resolution 14548 approving the agreement as recommended, & 133) was presented; after which, it was moved by Maryanov, seconded by Foster, and unanimously carried, that Resolution 14548 be adopted. CONSENT AGENDA: 10. Resolution 14549 approving third time extension for Tentative Tract Map 15687 for property on Ramon Road, between Calle E1 (137) Segundo and Calle Encilia - Hacker/Badalian. 11 . Minute Order 3215 approving Change Order #8, in amount of $151 ,664.12 to be received by the City as a result of arbitration (127) award with Kenneth Fraser & Co. , Inc. re Wastewater Treatment Plant. 12. Resolution 14550 approving lease to the FAA of a 1 .4 acre parcel for the construction of an Automated Weather Observing System (51 ) (AWOS), for term April 15, 1983 through September 30, 2003, w at no monetary consideration. 13. Minute Order 3216 awarding contract to Meyer Constructors in amount of $12,899.57, for construction of ramps for the (129) physically handicapped at various locations throughout the city. i 14. Resolution 14551 adopting the 1982. Ed. of the Standard Specs (118) for Public Works Construction. 15. Minute Order 3217 awarding contract to McKinney-BGW, Inc. , in amount of $14,944 for furnishing and erecting two steel (117) structures at the City Corp. Yard. 16. Minute Order 3218 approving Change Order #1 to decrease contract with Massey Sand & Rock Co. , for downtown crosswalk installation (56) in amount of $69,538.60 (A.D. 133). 17. Resolution 14552 approving budget amendments to appropriate funds for sick leave and vacation payouts, as authorized in (61 ) MOUs with various employee units. 18. Resolution 14553 approving Sewer Construction Refund agreement with Radul Radovich, for sewer installed along Junipero, (128) generally south and north of Via Olivera. Council Minutes � 4•-6-83 Page 7 19. Minute Order 3219 ratifying emergency purchase for roof repair at the McCallum Civic Building, from S & K Roofing Company (117) in amount of $5,807.60. 20. Resolution 14554 amending the budget to appropriate $15,000 (61 ) I from Golf Course Retained Earnings to cover unanticipated expend- itures for fiscal year 1982-83. 21 . Resolution 14555, 14556, 14557 and 14558 approving Payroll (86) Warrants and Claims & Demands. 22. Resolution 14559 concurring in CRA actions this date. (124) 23. Resolution 14560 amending the budget to appropriate $1 ,507 f to provide additional assistance to A.D. 140 lava income home- (56) owners in paying street improvements. It was moved by Doyle, seconded by Maryanov, and unanimously carried, that Resolutions 14549 through 14560 and Minute Orders 3215 through 3219 be adopted. 24. TAHQUITZ-ANDREAS SURVEY AREA EIR - TRAFFIC CONSULTANT Recommendation: That the Council authorize City Manager to enter into agreement with JHK and Associates, in amount (124) not to exceed $6,500, to provide traffic consulting services for the Tahquitz-Andreas Survey Area EIR. Report reviewed by Redevelopment Director. Minute Order 3220 authorizing agreement was presented; after which, it was moved by Ortner, seconded by Maryanov, and unanimously carried, that Minute Order 3220 be adopted. 25, PARCEL MAP 17845 & TRACT 18785 - FINAL MAPS Resolution 14561 , approving Final Parcel Map 17845, to combine property on the NW corner of Calle Palo Fierro and E. Palm (119) Canyon - Wagner/H. Hupe; and M Resolution 14562, approving Final Tract Map 18785 for property on the NW corner of Racquet Club Road and Indian Avenue - (137) Sanborn/Racquet Club, were presented; after which, it was moved by Doyle, seconded by Maryanov, and unanimously carried, that Resolutions 14561 and 14562 be adopted. , ' Council Minutes 4-6-83 Page 8 26. CULTURAL. CENTER COMMITTEE City Manager presented his recommendation relai,ive to a cultural center committee, as a result of Council discussions at recent study sessions. In answer to question by Council , City Manager stated that a target date of May 28 could be set, however, he was not (133) certain whether, realistically, the subject could be dealt with that soon. Councilman Maryanov stated that the issue at hand is how a cultural center can be paid for and not putting one together; that he was not opposed to a theatre, and would like to see one in Palm Springs; that unless the first consideration is funding, he cannot support the recommendation; chat Touche- Ross, Nederlander, and the community have looked at the subject, and he believed the work proposed would be tantamount to starting over again, unless the issue is funding with recognition that funding will not come from the City; that he was not concerned about financing, but paying for it; that he did not feel the main problem was being addressed; that one concern noted by Touche-Ross was the question of simultaneous staff involvement in both a convention center and a cultural center; and that he believed there were enough people in the community who want a theatre and can put it together with some help from the City, but not as the main source. 1 Councilman Foster stated that the studies have been more related to a convention center; that he sees 'the proposal as making the cultural center a reality, including funding - one charge to the committee is that it not consider city funding; and that he did not believe the previous studies were in-depth. Councilman Doyle stated that he was hopeful the Mayor and Councilman Foster would issue that charge to the committee; that he has the same concerns as Mr. Maryanov, but he felt they were marginally addressed in the recommendation; and that the committee will have to consider where the funds will come from to build and operate the center. Mayor noted that Greg Millar has indicated a willingness " to chair the committee. It was moved by Foster, seconded by Doyle, and carried, by ' the following vote, that the recommendation be approved, subject to revising 1 .B to add ". . . . . . . .and possible joint use with convention center:" AYES: Doyle, Foster, Ortner & Bogert NOES: Maryanov ABSENT: None Council Minutes 4-6-83 Page 9 { REPORTS & REQUESTS: 27. DEPARTMENTAL REPORTS - Received & Ordered Filed a) Treasurer's Monthly - January & February, 1983 b) CVB - 2nd Quarterly, 1982-83 28. COUNCIL reports or requests a) It was moved by Foster, seconded by Maryanov, and unani- mously carried, that the Palm Canyon Committee be commended for its unique downtown tours. 29. PUBLIC reports or requests - None 30. STAFF reports or requests a) Proceedings & Accounting Reports for abatement of various -' nuisances to be received and ordered filed; City Clerk (57) to set date for public hearing thereon. ADJOURNMENT There being no further business at 9:30 p.m. , Mayor declared the meeting adjourned. \ JUDITH SUMICH City Clerk 4 a 1. t . k iY