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HomeMy WebLinkAbout4/20/1983 - MINUTES �g CITY OF PALM SPRINGS CITY COUNCIL MINUTES APRIL 20, 1983 A Regular Meeting of the City Council was called to order by Mayor { Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, April 20, 1983, at 7:30 p.m. ROLL CALL: Present: Councilmembers Foster, Maryanov, Ortner and Mayor Bogert ' Absent: Councilmember Doyle The meeting was opened with the salute to the Flag and a moment ' of silence. COMMUNITY REDEVELOPMENT AGENCY: No business APPROVAL OF MINUTES: " It was moved by Foster, seconded by Ortner, and unanimously carried, that the minutes of March 29 and April 6, 1983 be approved.; Doyle absent. PUBLIC HEARINGS: 1 . VARIANCE CASE 6.334 - J.H. SWANSON APPEAL Consideration of appeal by J.H. Swanson from Planning Commission denial of variance to allow 6-ft encroachment into side front yard at 1510 Lobo Way. Director of Community Development reviewed his report and displayed photographs of the subject property. He stated that the appellant cited medical reasons for the variance, however, that is not a legal ground for granting the variance; that the Planning Commission could not find that the property was deprived of rights or privileges enjoyed by other properties; and that the Staff does not have the ability to grant a 20% administrative variance, except on the same grounds as a variance considered by the Commission. N Mayor declared the hearing open. • James Swanson, 1510 Lobo Way, appellant, stated that the (146) reason for the variance is to permit a bathroom adjacent to his bedroom, which he needs for medical reasons; that the suggestions by the Commission to locate the room at another site on the lot, were not acceptable, in that there is a swimming pool in the back area and a bathroom already there, but not of sufficient size or proximity to meet his needs; that the dwelling has a flat roof, with no over- hang, and he would like a 5-ft variance, which he understood would be permissable since his roofline did not extend beyond the house; and that he did not consider this to be a special privilege, but rather an accomodation. There being no further appearances, the hearing was closed. Council Agenda 4-20-83 Page 2 1 . VARIANCE 6.334 (Continued) Councilman Foster expressed concern regarding precedence, ' and agreed with Commission conclusion that 50% of the space would be for bathroom and 50% for closet; and that he CONT'D believed the circumstances did not meet the grounds for (146) granting a variance. Councilman Maryanov stated that although he was sympathetic to Mr. Swanson, the law is clear regarding a variance, and it would be difficult to grant a variance under the existing circumstances. It was moved by Foster, seconded by Maryanov, and unanimously carried, that the Planning Commission be upheld and the appeal be denied.; Doyle absent. 2. A.D. 133 - SPREAD OF ASSESSMENT Recommendation: That the Council overrule any protests and confirm spread of assessment for improvements in Assess- ment District 133, mid-block crosswalks. Report reviewed by Director of Community Development, who noted that there (56) were no written protests. Mayor declared the hearing open; there being no appearances, the hearing was closed. Resolution 14563, overruling protests and confirming the assessment, was presented; after which, it was moved by Ortner, seconded by Maryanov, and unanimously carried, that Resolution 14563 be adopted; Doyle absent. 3. PUBLIC NUISANCE ABATEMENTS - SPECIAL ASSESSMENT LIENS Recommendation: That the Council confirm the Proceedings and Accounting Reports filed 4-6-83, imposing special assess- ment liens on properties at 2107 Vista Grande and 5240 Lakeside Drive. Building & Safety Director recommended (5)') M that no action be taken on 5240 Lakeside, since the property owner has contacted him and due to personal problems had not been in a position to pay the charge, but is prepared , to do so at this time. Mayor declared the hearing open; there being no appearances, , the hearing was closed. Resolution 14564, confirming the report and ordering the lien re 2107 Vista Grande, was presented; after which, it was moved by Ortner, seconded by Maryanov, and unanimously carried, that Resolution 14564 be adopted„ Doyle absent. R - Council Minute, 4-20-83 Page 3 4. ZONING TEXT AMENDMENT - PARKING LOT LIGHTS Recommendation: That the Council amend the Zoning Text to allow increased height for parking lot light. standards (103) on a city-wide basis. ' Director of Community Development stated that the proposed ordinance has been amended to reflect changes requested by Council at its last study session, i .e. , light shall not spill onto adjacent property, and the candle power shall be an average to minimum ratio of 3:1 . He also stated that: application of the new standard would result in a $20,000 saving for improved airport parking lot lighting, plus additional unknown energy savings, noting that raising the height level enables the same coverage with fewer fixtures. ~ Mayor declared the hearing open; there being no appearances, the hearing was closed. City Clerk read title of the Ordinance, as follows; AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 9306.00 C.4 AND 9306.00 C.a. OF THE PALM SPRINGS ZONING ORDINANCE REGULATING PARKING LOT LIGHT STANDARD HEIGHT. It was moved by Ortner, seconded by Foster, and unanimously carried, that further reading be waived, and that the ordi- nance be introduced for first reading; Doyle absent. PUBLIC COMMENTS - None LEGISLATIVE ACTION: 5. TPM 18787 - GOLDEN WEST EQUITY PROPERTIES On April 6, 1983, Council continued consideration of recom- mendation to approve Tentative Parcel Map 18787 for property at Ramon and Bogie, at request of applicant. Director of Community Development reviewed his supplemental (119) report, dated April 20, 1983, noting items which, subsequent to the last meeting, have been agreed upon by the developer and the three areas remaining to be resolved, i .e. , San Luis Rey, drainage fees, and setback on private street. He stated that compromise could be reached on the drainage fees, in that Lots 12 and 13 could be deferred because of the uncertainty of developing those lots and the need for action at a further date; and that reduction of setback on the private street is a condition of the M-1-P zone and not of the tract map, and waiver would necessitate granting a variance, which has to be based on the grounds provided under the law for granting a variance. lie recom- mended that Council recommendations be returned to the Planning Commission for its response. Mr. McDonald, applicant, stated agreement with staff position regarding San Luis Rey and expressed objection to collection of the drainage fees in advance, stating that streets, sewers and water will be provided, the lots sold and the buyer would pursue permit procedure at which point the fee would be paid. He stated opinion that a 25-ft setback on the private street is excessive and will retard growth; and that he desired to proceed with the project and did not see reason for returning this matter to the Commission. ?44 Council Minutes 4-20-83 Page 4 5. TPM 18787 (Continued) In answer to question by Council , Director of Community Development stated that the fee is new and there has not been a subdivision filed where the intent was only to sell CONT"D the lots, however, the condition has been imposed on (119) single-lot subdivisions which have been developed and the intent is to collect on the lot sales at the time of final map since it is the logical point at which the fee should f be collected; that there is an option for drainage with regard to subdivisions, in that the fee can be imposed or the required master plan improvement installed; that, in this case, the property is a large piece of the drainage system and could be required to be installed, however, since there needs to be coordination with the downstream portion and it is an unknown at this time, the fee has been imposed; and that if an extension of the tentative map is required, the question of fee vs. installation could " be reviewed at that time. In answer to question by Council , Director of Community Development stated that he did not believe the proper findings could be made to grant a variance on the setback; that much would depend on the success of attaining the condition regarding San Luis Rey; and lacking that, it is possible that the map may not proceed. Mr. McDonald agreed that it is a condition of the map and if it is not met, the map cannot proceed, however, he has received an easement across the property in question, which will be part of the recorded map. In response to Council statement, Mr. McDonald stated that he did not believe the improvements would affect the absorption rate of the site in terms of drainage; and that he was agreeable , to considering a 15-ft setback on the private street, and it was not his intent to try to forego landscaping installation. + In answer , to question by Council , City Attorney stated CONIFT that a 1-2 year period following recordation of the map (146) would be a reasonable delay, and suggested the following language: "subdivider shall pay the drainage fee as provided by Council resolution prior to recordation of the final map; provided, however, that the subdivider, at his option, may defer payment of those fees by executing a covenant running with the land which will provide that those fees will be paid upon issuance of a building permit or at the expiration of 1-2 years after the recording of the final map, whichever shall be earlier." Mr. McDonald stated that he agreed and preferred the two years. - City Attorney noted that the key would be the covenant ' running with the land, which would encumber any future buyer. It was the consensus of the Council , that, the condition would be satisfactory. Councilman Maryanov stated that he supported the 25-ft setback requirement, which he believed related to the basis of why the zoning was created, and did not believe there should be a deviation. Council Minutes 4-20-83' Page 5 v 5. TPM 18787 (Continued) Mayor noted that it would not be possible to approve the reduction without a variance; and he did not think it ' necessary to return the matter to the Planning Commission. (119) Resolution 14565, approving the tentative map, was presented; after which, it was moved by Foster, seconded by Ortner, and unanimously carried, Doyle absent, that Resolution 14565 be adopted, with understanding that required setbacks shall be adhered to, and that conditions regarding drainage fees shall include language as above suggested by City Attorney. 6. ORDINANCES INTRODUCED 4-6-83 FOR SECOND READING & ADOPTION City Clerk read title of Ordinance 1180, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFIORNIA, TO DELETE OUTDATED LANGUAGE CONCERNING ELECTRONIC GAME (103) ARCADES IN C-1 ZONES. and title of Ordinance 1181 , as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5. 58 TO THE PALM SPRINGS MUNICIPAL CODE (103) REGULATING GARAGE, YARD AND PATIO SALES WITHIN THE CITY. It was moved by Ortner, seconded by Foster, and unanimously carried, Doyle absent, that further reading be waived and that Ordinances 1180 and 1181 be adopted. CONSENT AGENDA: 7. Minute Order 3221 approving agreement with the School District to provide police officer for 1982-83 school year, in amount (126) not to exceed $27,555. 8. Minute Order 3222 awarding contract to Matich Corp. , For exten- sion of Tachevah, between Cerritos and Farrell , in amount (136) of $18,585.50. 9. Minute Order 3223 approving emergency purchase of a replacement diesel engine from Lawless Detroit Diesel, in amount of (84) $7,038.40. 10. Resolution 14566 amending the budget to cover emergency repairs (61 & at the McCallum Civic Building, in amount of $5,808. 117) 11 . Resolution 14567 amending the budget to appropriate additional (61 ) funds for legal fees and contractual services, in amount of $17,000. ' 12. Minute Order 3224 awarding purchase of a personal computer to Dean' s Computer Center, in amount of $6,185.10, for use (99) at the library. 13. Resolution 14568 and 14570 approving Payroll Warrants and (86) Claims & Demands. It was moved by Foster, seconded by Maryanov, and unanimously carried, Doyle absent, that Resolutions 14566-68 and 14570 and Minute Orders 3221-, 24be adopted. E� Council Minutes 4-20-83 Page 6 I 14. GOLF CLUB DRIVE/PALM CANYON WASH REPAIR Recommendation: That the Council award contract to James Rue Construction Co. , for emergency repairs on the east side of Golf Club Drive and the Palm Canyon Wash in the (136) ' amount of $53,812. It was moved by Foster, seconded by Maryanov, and unanimously ` carried, that Minute Order 3225, awarding contract as recom- mended, be adopted. 15. FTM 17899 Resolution 14569 approving Final Tract Map 17899 for property on the SE corner of Arenas Road and Tahquitz Drive, was presented; after which, it was moved by Maryanov, seconded by Ortner, and unanimously carried, Doyle absent, that (137) Resolution 14569 be adopted. 16. POLICE DEPT. COST ESTIMATE Recommendation: That the Council determine that conceptual cost estimate proposal of Lee Saylor, Inc. , dated April 18, 1983, be considered as a reimbursable expense under City contract with Donald A. Wexler Associates, regarding (1117) new police building. This matter reviewed in detail at last study session. Minute Order 3226, making determination as recommended, was presented; after which, it was moved by Ortner, seconded by Maryanov, and unanimously carried, Doyle absent, that Minute Order 3226 be adopted. REPORTS & REQUESTS: a) Cultural Center Committee: It was moved by Foster, seconded by Maryanov, and unanimously carried, Doyle (133) absent, that Mayor's appointments to the Cultural Center Committee be approved. b) At request of Councilman Foster, City Manager requested to investigate quality of patchwork in conjunction with recent improvements in Vista Chino, Bogie and Sunrise Way. 17. PUBLIC reports or requests - None 18. STAFF reports or requests " a) Receive for filing, So. Cal . Gas Co. Franchise Report (89) $232,560.86 ` b) Director of Community Development reported that erroneous statement had been made by the Right-of-Way Agent regarding A.D. 140, in that water running in streets (56) within the district was result of a DWA well-site, however, the water was, in fact, result: of irrigation water from another project. ADJOURNMENT ' There being no further business at 9:20 p.m. ,, Mayor declared the meeting adjourned to Tuesday, May 3, 1983, at 1 :30 p.m. , in the Large Conference Room, City Hall . DITH -SUMICH City Clerk ,