HomeMy WebLinkAbout11/7/1984 - MINUTES )138 CIIY-uF PALM SPRINGS
CITY COUNCIL MINUTES
NOVEMBER 7, 1984
A Regular Meeting of the City Council was called to order by Mayor
Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on
Wednesday, November 7, 1984, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Birer, Foster, Maryanov, Smith
and Mayor Bogert
Absent: None
COMMUNITY REDEVELOPMENT AGENCY (at 8:30 p.m. ) Mayor declared the
meeting adjourned for the purpose of convening in joint session with
the Community Redevelopment Agency.
JOINT PUBLIC HEARING
See Community Redevelopment Agency Minutes of this date
for details of this item. Following the hearing, the Council
adopted the following: A motion closing the joint public
hearing; a motion overruling protests, Resolution 15304, (124)
certifying the Final EIR as complete; and Ordinance adopting
the Redevelopment Plan for introduction and first reading.
Chairman declared the Agency meeting adjourned and Council
remained in session.
APPROVAL OF MINUTES:
It was moved by Foster, seconded by Birer, and unanimously
carried, that the Minutes of October 3, 8, 10, 15 & 17 ,
1984, be approved.
PUBLIC HEARINGS:
1 . VARIANCE 6.337 - KATHY FLYNN
Consideration of appeal by Kathy Flynn from Planning
Commission denial of variance to allow continued use of
an existing masonry block structure with zero setbacks on
the rear and side property lines. (146)
Director of Community Development stated that the application
is to allow use of a structure with zero setbacks on two
sides. He reviewed his report dated November 7, 1984, noting
that during a roofing inspection, it was discovered that
the structure had been installed without a permit; that
application for a variance was filed; and that a petition
in opposition to the variance from surrounding property
owners was submitted to the Planning Commission.
Mayor declared the hearing open.
Kathy Flynn, 1133 Pasatiempo introduced her husband Alvin
Kalmanson, who stated that the structure has been on the
site for 25 years and would not be easy to remove; that
the estimate to reconstruct it elsewhere on the site is
$10-15,000; that a special privilege is not being requested,
but rather it be treated as the City appears to be treating
other Zoning Ordinance violations in the City; that there
are over 100 violations surrounding his neighborhood; that
these violations are in contrast to the finding by the Staff
that it is not aware of any other such violations ; that
he believes these are only a small part of what is encroaching
into setbacks, and the lack of enforcement over the years
is tantamount to modification of the Zoning Ordinance ; that
it appears to be a policy of the Department not to enforce
certain provisions of the Zoning Ordinance ; that he was
Council Minutes
11-7-84 Page 2
1 . VARIANCE 6.337 (Continued)
informed that the Building Department allows pre-fabricated
structures in the setback and he did not find any provision
for that in the Zoning Ordinance; that a building permit
is needed for temporary structures, but all other code
provisions apply; and that his information indicated
con Firmation from the Building Division that the only
restriction on a pre-fabricated structure was that it not
exceed the height of the fence (6-ft) and he did not see
how that could have any less affect than what he proposes
keeping.
Ms. Flynn submitted three lists showing address or location
of intersections lacking visibility protection, property
maintenance violations, or encroachments, copies of which
are on file in the Office of the City Clerk.
Mr. Kalmanson stated that these are not only safety hazards,
but potential liabilities for the City in some instances,
and a waste of taxpayer' s money. He stated that there is
no evidence to substantiate that his structure is a health
or safety hazard.
In answer to question by Council , Director of Community
Development stated that the pre-fab tool-type sheds are
allowed in the setback, but cannot be over six feet in height
and a permit is not required to set them in place; that
the Flynn structure is permanent and requires a permit to
construct it; and that action is and will be taken against
other violations.
Florence Hendron,1095 Olive Way, submitted a letter in protest
from Betty and Charles Barnet, a copy of the petition
submitted to the Planning Commission, and a copy of the
petition containing two additional names, as well as
photographs showing the structure from her side of the fence.
She stated that she did not know the structure was there
until she returned from vacation in August, 1982, and found
that the roof on the structure had been raised above the
fence line. In answer to question by Council , she stated
that the fence is shown on the Assessor' s records as being
recorded against the improvements on her property, and that
the structure uses one side of the fence as one of its walls.
Mr. Kalmanson read definition of "temporary structure" and
stated submitted photograph apparently taken from Mrs.
Hedron's side of the fence, showing growth which he said
obscured the visibility of the structure.
Mrs. Hendron stated that the landscaping in her yard was
allowed to grow to hide the structure, and she bought
additional plants to cover it.
There were no further appearances, and the hearing was closed.
In answer to question by Council , Director of Community
Development stated that there is no other legal process
other than abatement of the violation unless a variance
of some type is granted which makes an exception for the
structure.
City Attorney stated one solution would be an amendment
of the code, and if there are 100 violations, it may be
a case where the citizens do not want that kind of ordinance.
He stated that he did not recommend that solution, but it
would provide a legal avenue.
Council Minutes
11-7-84 Page 3
1 . VARIANCE 6.337 (Continued)
City Manager stated that the issue is whether to have the
sideyard setback ordinance; and that enforcement is
accomplished on a complaint basis. He stated that there ('146)
are many situations which have not come to the attention
of the City, but the process has started as to those Ms.
Flynn has submitted, and Staff will follow-through on those.
Councilman Birer stated that he did not wish to change the
ordinance.
Councilman Smith stated that it is unfortunate that when
a variance application is made that relates to a violation,
that an argument is made that everyone else has violated
the ordinance, which does not escape the fact that the
violation exists ; and that Staff must enforce the ordinance,
and there are no grounds for granting the variance and no
alternative but to deny the request.
Councilman Maryanov expressed agreement, and thanked Ms.
Flynn for bringing the other violations to the attention
of the City.
It was moved by Birer, seconded by Maryanov, and unanimously
carried, that the appeal be denied and the Planning Commission
action upheld.
2. VARIANCE 6.345 - GIBB
Consideration of appeal from Planning Commission denial
of variance for• construction of a guest house within setbacks
at 795 N. Patencio Road. This item reviewed at study session;
no further report given ; applicant requested continuance.
Mayor declared the hearing open; there were no appearances.
It was moved by Smith, seconded by Foster, and unanimously
(146)
carried, that the hearing be continued to November 20, 1984.
3. HISTORIC SITE 7 - FRANCES STEVENS SCHOOL
Recommendation: That the Council designate the former Frances
Stevens School and existing surrounding park, as a Class
7 Historic Site. Planning Director noted that any changes
to the site would require Council approval .
Mayor declared the hearing opened.
Culver Nichols, 899 N. Palm Canyon Drive, spoke in favor ('76)
of the designation.
There being no further appearances, the hearing was closed.
Resolution 15308, designating the site as recommended, was
presented ; after which, it was moved by Foster, seconded
by Maryanov, and unanimously carried, that Resolution 15308
be adopted.
Council Minutes
11-7-84 Page 4
4. HISTORIC SITE 8 - STREET MARKER AT PALM CANYON & CHINO DRIVE
Recommendation: That the Council designate the stone street
marker on the NW corner of Palm Canyon and Chino Drives
as a Class 7 Historic Site. This item reviewed at study
session; no further report given.
Mayor declared the hearing opened. (76)
Culver Nichols, 899 N. Palm Canyon Drive, spoke in favor
of the designation.
Resolution 15309, approving the designation, was presented;
after which, it was moved by Smith, seconded by Maryanov,
and unanimously carried, that Resolution 15309 be adopted.
5. HISTORIC SITE 9 - LYKKEN'S DEPT. STORE
Recommendation: That the Council designate Lykken' s
Department Store, now known as "The Alley" as a Class 7
Historic Site. This item reviewed at study session ; no
further report given; property owner has requested a
continuance. (76)
Mayor declared the hearing opened.
Culver Nichols, 899 N. Palm Canyon Drive, spoke in favor
of the designation.
It was moved by Foster, seconded by Smith, and unanimously
carried, that the hearing be continued for 30 days.
6. P.D. 161 - CHURCH OF CHRIST DAY-CARE
Recommendation: That the Council approve planned Develop-
ment District for a day-care center within existing church
located at 1450 N. Avenida Caballeros. Report highlighted
by Director of Community Development (116)
Mayor declared the hearing opened.
Jack Smuthers, 1260 Ave. Caballeros spoke in support of
the program, stating that he owns the residence next to
the Church.
Larry Owens, Minister, 1361 Linna Way, indicated availability
to respond to questions.
There were no further appearances, and the hearing was closed.
Resolution 15310, approving the P.D. 161 , was presented;
after which, it was moved by Birer, seconded by Foster,
and unanimously carried, that Resolution 15310 be adopted.
PUBLIC COMMENTS
a) El Dorado Traffic Signal Request: Request was made
by Peter Shapiro, representing the Park, for City
assistance in securing a traffic signal at the Park
entrance, who stated that CalTrans has indicated approval
of the location, but would not participate in the costs.
John Wessman described a by-pass route through Cathedral
City which would terminate at the west end with a signal
at National Lumber, and offered to pay one-fourth of
the cost of the signal if the Park, Cathedral City
and Palm Springs paid the remainder. (question was
raised if the only objection by CalTrans related to
costs. Staff was directed to make inquiries as to
the position held by CalTrans, estimated costs, and
potential for covering the costs.
2 4 C2'
Council Minutes
11-7-84 Page 5
LEGISLATIVE ACTION:
7. GPA 5.0329 - TEXT & LAND USE ELEMENT
On October 17, 1984, Council continued consideration of
recommendation to amend the General Plan Text and Land Use
Element to change the designation for the SW corner of Ramon
Road and Sunrise Way from Professional to Professional-Limited (101 )
Commercial .
Councilman Maryanov stated that he would abstain from
discussion and voting on this matter.
During the Public Comments portion of the meeting, John
Wessman stated that he agreed with the revised resolution,
with the exception of the last sentence; that there are
some standards of the CDN zone which would be difficult
to work with because of the shape of the parcel , i .e. , open
space requirements, and he would) like to delete the reference
to CDN standards,.
In answer to question by Council , Director of Community
Development stated that the standards for CDN are established
in the Zoning Text; that a PDD provides ability to vary
from those for the overall good of the project; and that
Mr. Wessman is saying that those standards take away from
his 'flexibility 'if the CDN is affixed.
Mr. Wessman stated that he wants the ability to change the
setbacks, and he would be willing to work with the CDN with
some flexibility.
In order to permit the City Attorney time in which to re-write
the resolution, it was moved by Foster, seconded by Smith,
and unanimously carried, that this matter be continued to
the next meeting.
8. STREET VACATION - PRESCOTT DRIVE
On October 17, 1984, Council continued consideration of
recommendation to vacate a portion of Prescott Drive
(previously continued from October 3, 1984) .
Director of Community Development recommended that this (145)
matter be tablled until all parties involved can reach a
solution.
It was moved by Smith, seconded by Birer, and unanimously
carried, that this matter be tabled.
9. ORDINANCES FOR ADOPTION (Intro. 10-17-84)
a) Ord 1229 amending Zoning Text re drive,-through facilities;
and
b) Ord 1230 amending Zoning Text re day-care facilities. (103)
Following reading by the City Clerk of the titles of
the above ordinances, it was moved by Smith, seconded
by Maryanov, and unanimously carried, that further
readings be waived, and that Ordinances 1229 and 1230
be adopted.
1
Council Minutes
11-7-84 Page 6
10. AIRPORT CFR & EMERGENCY COMMUNICATIONS SYSTEM
Recommendation: That the Council accept bid of Motorola
C & E, Inc. for purchase of an Airport CFR and Emergency
Radio Communications System, in amount of $93,051 .73. This (51 )
item reviewed at study session ; no further report given.
Minute Order 3486, accepting bid, was presented; after, which,
it was moved by Smith, seconded by Foster, and unanimously
carried, that Minute Order 3486 be adopted.
11 . AIRPORT USE AGREEMENT FORMAT
Recommendation: That the Council approve new airport use
agreement format for air carriers, except American Airlines
and Alaska Airlines, and authorize City Manager to execute
agreements that are substantially in the same form, as needed. (51 )
This item reviewed at study session; no further report given.
Resolution 15311 , approving format and authorizing the City
Manager to enter each agreement as needed, was presented;
after which, it was moved by Foster, seconded by Maryanov,
and unanimously carried, that Resolution 15311 be adopted.
12. SCHOOL IMPACTION MITIGATION
Consideration of rescinding resolution which provided
mitigation of local school impaction.
City Manager reported that his recommendation was revised (114)
to defer action for 60 days. He stated that the Acting
Superintendent is desirous of working out a solution in
contemplation of termination of the fee; that the fee was
imposed by the City in good faith; that it was recently
learned that Cathedral City terminated imposition of its
fee without notice to anyone; that the School Board had
authorized litigation, but, without notice to anyone, changed
its position and did not file suit; that of the $1 . 5 million
in fees collected, about one-half of that is from development
in Palm Springs; that uncollected fees in Cathedral City
represent about $375,000; that issues of redevelopment and
funding are complex; that there has not been time to look
at projections regarding future revenues and there are a
number of questions how those figures were calculated ; that
the City's legal counsel has said that inclusion of vacant
properties within a redevelopment area is not, within the
law, and the District is attempting to obtain legal opinion
to say that what is being done by other cities in the
District, in terms of redevelopment, is within redevelopment
laws.
It was moved by Smith, seconded by Foster, and unanimously
carried, that this matter be continued for 60 days.
13. PA6 - CODE ENFORCEMENT AREA
Recommendation: That the Council designate the North Palm
Canyon Redevelopment Project area as a code enforcement
area. This item reviewed at study session; no further report (124)
given.
Resolution 15312, designating area as recommended, was
presented; after which, it was moved by Maryanov, seconded by
Smith, and unanimously carried, that Resolution 15312 be adopted.
Council Minutes
11-7-84 Page 7
CONSENT AGENDA:
14. Minute Order 3487 approving amendment to agreement with A.J. (51 )
Parry Associates, Inc. , to broaden scope of contract to include
rent-a-car negotiations, in amount of $10,000.
15. Minute Order 3488 approving purchase order change order for
purchase of engine generator switchgear for the Co-gen Plants, (52)
from Johnson Industrial , for an increase of $13,676.65.
16. Res 15313 granting underground tunnel easement. to Western Ventures
under Calle Encilia to connect Marquis Hotel parking lots, in (136)
Section 14.
17. Res 15314 approving TPM 20415 for property on the SE corner
of Indian Avenue and Francis Drive, Section 2, Yoder/Scrader-D. (119)
Gauze.
18. Res 15315 and 15316 approving Payroll Warrants and Claims & (86)
Demands.
19. Res 15317 approving Sewer Construction Refund Agreement with
United Condominiums Corp. , for sewer installed along Amado Road, (128)
Calle Alvarado and Andreas Road.
20. Minute Order 3489 awarding purchase of chairs and tables to
Totalplan, Inc. , in amount of $15,215.24, to replace damaged (84)
or missing furniture at the Pavilion.
21 . Minute Order 3490 approving purchase of a replacement forklift 1'61 &
for the City shop from Mifran Bowman Corporation, in amount 84)
of $14,707. 50; and Res 15318 appropriating $14,708 from MVR
Retained Earnings Account to cover the cost thereof.
22. Res 15319 approving Supplements 2 and 3 to Alaska Airline Airport
Use Agreement, to reflect changes in landing fees and ticket (51 )
office space.
23. Res 15320 approving TPM 20358 to combine property at the NE
corner of Farrell Drive and East Palm Canyon Drive, R-3 zone, (119)
Sec. 24, Mainier/Rattner Investments.
24. Res 15321 approving two agreements required by State for
construction of a •group home in the Highla,nd-Gateway area, by (85)
Doswell , Inc.
25. Res 15322 concurring in CRA Res 266-268. (124)
26. Minute Order 3491 approving agreement with Isbill Associates
for consulting services in connection with specific, and general (51 )
airport projects.
27. Minute Order 3492 approving agreement with Michael Sanchez
Associates for backwall treatment and soffit area in the Airport (51 )
Ticketing Wing.
It was moved by Birer, seconded by Maryanov, and unanimously
carried, that Resolutions 15313 through 15322 and Minute Orders
3487 through 3492 be adopted.
28. FTM 20168
Resolution 15323, approving Final Tract Map 20168 for property (137)
on the SE corner of East Palm Canyon Drive and Barona Road,
Section 25, Mainiero/Desert Isles Assoc. , was presented ;
after which, it was moved by Smith, seconded by Birer, and
unanimously carried, that Resolution 15323 be adopted.
Council Minutes
11-7-84 Page 8
29. LIBRARY CENTER ENTRANCE - CHANGE ORDER
Minute Order 3493, approving Change Order No. 1 to increase
contract with B.W. Simmons Construction Co. by $16,279.20
for Library Center entrance, CP 83-63, Agr #2111 , was
presented; after which, it was moved by Birer, seconded (99)
by Smith, and unanimously carried, that Minute Order 3493
be adopted.
30. P.D. 147 - FINAL PLANS/PARKING STRUCTURE
Resolution 15324, approving final development plans for
parking structure for the Desert Fashion Plaza expansion
project (PA1B4-6) , was presented; after which, it was moved (116)
by Foster, seconded by Maryanov, and unanimously carried,
that Resolution 15324 be adopted.
31 . PA4B14 - AUTO SALES CENTER
Resolution 15305 loaning $30,000 to the CRA to cover cost
of consultant services relative to the Auto Sales Center
for land "assembly, was presented; after which, it was moved
by Birer, seconded by Foster, and unanimously carried, that (124)
Resolution 15305 be adopted.
32. PA6 - PASS-THROUGH AGREEMENT
Resolution 15307, approving pass-through agreement with
Riverside County, was presented; after which., it was moved (124)
by Smith, seconded by Maryanov, and unanimously carried,
that Resolution 15307 be adopted.
REPORTS & REQUESTS:
33. DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Wastewater Treatment Plant - 1983-84
34. CITY COUNCIL reports or requests - None
35. PUBLIC reports or requests - None
36. STAFF reports or requests - None
ADJOURNMENT
There being no further business at 11 :10 p.m. , Mayor~ declared the
meeting adjourned to Tuesday, November 20, 1984, at 7:30 p.m. ,
in the Council Chamber.
JUDITH SUMICH
City Clerk