HomeMy WebLinkAbout4/3/1985 - MINUTES :34
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
APRIL 3, 1985
A Regular Meeting of the City Council of the City of Palm Springs,
was called to order by Mayor Bogert, in the Council Chamber, 3200
Tahquitz-McCallum Way, on Wednesday, April 3, 1985, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Birer, Foster, Maryanov,
Smith and Mayor Bogert
Absent: 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 .
PUBLIC HEARINGS:
1 . AA CASE 2.803 (GROVUE)
Consideration of letters of appeal from Planning Commission
approval of a requested change of a patio wall at 1111 E.
Alejo Road (Greenhouse).
Planning Director reported that two appeals were received;
that the applicant wanted a 10' 3" high patio wall , on the
basis of complying with a court order as a result of litigation
between the homeowners and the applicant, because of a sundeck
he constructed in the patio area; that the AAC believed the (111 )
wall should not be raised above the height of the building,
and reduced the wall height to 9' 8", which is the action
appealed; that the wall would not set a precedent that would
not be acceptable throughout the interior patios and would
serve as a prototype.
Mayor declared the hearing open.
Albert Clark, one appellant, stated that the wall should
remain as it is; that he has lived there for many years and
was a member of its architectural committee and president
of the association; that Mr. Grovue has indicated that he
will lower the sundeck to 28" above the ground; and that
he took before and after photographs to show the reduced
sundeck, which he submitted for the record.
Adrian Shields, 1125 E. Alejo, stated that her unit is directly
north of the Grovue unit; stated that the architecture of
the complex and care of the property have retained property
values; that a personal dispute should not be solved in this
way; that neighbors suffer loss of view, compatibility of
design, livability and resale value; that the neighbors visual
rights are being violated; that the wall is not a structural
necessity; that lowering of the sundeck to 28" should resolve
the problem; and that the Council should deny the request
to increase the height of the wall .
Mr. Cunningham, resident of the project, stated that he has
not had privacy in his patio for two years, while this matter
was in court; that the association brought suit; that solution
has been achieved, although appealed; and requested that
the wall be raised to preclude the opportunity of looking
down on neighbors; and that if the decision is based on the
height of the sundeck, he believed it would not be left in
that manner, and there would be no control of the property.
He also stated that there are walls 11 ' 3" on the property.
Council Minutes
4-3-85 Page 2
1 . AA CASE 2.803 (Continued)
Jean Richmore, 466 Greenhouse Way, stated that her unit is
directly across from Mr. Grovue' s unit, and that she is unable
to entertain, because persons standing on the sundeck can
be seen over the wall height.
Allen Perrier, Attorney, stated that Mr. Grovue came to the (111 )
City to get a permit to build the sundeck; that the top of
it was about 12 below the top of the patio wall ; that railing
was required around the sundeck, which was installed and
protruded above the patio wall ; that Mr. Grovue was advised
by the City Planner that the sundeck would have to be lowered
so the railing was not above the wall height; that litigation
settlement conference resulted in agreement reached wherein
Mr. Grovue said he would increase the height of the wall
to 10' 311, leaving a 6' 6" difference between the level of
the sundeck and the height of the patio wall , but before
the judgement was filed, Mr. Grovue reneged and the Appeal
Court ordered that the settlement stands ; that the homeowners
have the judgement which contemplates architectural approval
follow-up by Mr. Grovue, which is required because of the
original PDD for the project; that he did not believe public
interest was affected, and this is a private matter and resolu-
tion should be looked for from the architectural committee
and the board of directors; that he suggested the wall be
increased to 10' 3" or such height less than that approved
in writing between the board of directors and Mr. Grovue;
.that if the sundeck is lowered to 28", there is an obligation
to stay at that level , and an 8 10 wall height would be
sufficient; that there are other walls which exceed 8-9 ft,
therefore, this is not a precedent; and that Ise recommended
granting 10' 3" for the three walls and work out something
at a reduced level , to the satisfaction of the homeowners
and Mr. Grovue; that all of Mr. Grovue's neighbors were opposed
to the request, and this is the first time he has heard any
doubt about that.
In answer to question by Council , Mr. Perrier stated that
conditions would have to be imposed.
There being no further appearances, the hearing was closed.
In answer to question by Council , Mr. Perrier stated that
Mr. Grovue' s letter, relative to reducing the sundeck and
agreeing to a covenant, is heresay; that some walls were
6' 3" and other wall which runs northerly is about 15" to
18" higher, which is no relationship to the total problem
Following discussion, it was moved by Birer, seconded by
Maryanov, and unanimously carried, that a 10' 3" wall height
or such other height as agreed upon by the homeowners associa-
tion which, when in place, will provide a minimum 6' 6" height
above any structure placed in the patio, is approved; such
agreement to be within fourteen days, and a covenant shall
be executed by Mr. Grovue, to maintain the agreement.
3 4 ;
Council Minutes
4-3-85 Page 3
PUBLIC COMMENTS:
a) Jim Burnett, First Vice-President, Batter Breathers Club,
associated with Emphysema Anonymous and American Heart (103
Association, requested that the Council consider a
no-smoking ordinance in areas in. public buildings.
Mayor stated that staff will be asked to look into the
possibility.
b) Denya Hodges stated that there are seven areas of the
Sign Ordinance which have been changed between the February
13 Planning Commission and March 6 Council meetings,
and this date, relative to amortization schedules, defini- (103
tion of a sign, multi-tenant buildings, and words left
in or left out in other sections ; that the Council implied
at its March 6 meeting, if not in actual action, that
it was approving the Planning Commission recommendation.
c) Don Brown, Chamber of Commerce, commended the Police
Chief and the Department for its work during Easter Week.
LEGISLATIVE ACTION:
2. P.D. 145 - ANDREAS COVE COUNTRY CLUB
Recommendation: That the Council certify as complete the
Final EIR, and that all Tribal Council recommendations, in
its letter dated January 15, 1985, be implemented.
The following comments were made during the Public Comments
portion of the Agenda: (116
George Meyer, 73300 Grapevine, Palm Desert, commented on
portion of the Business & Profession Code and the Government
Code, relative to specific plans ; and that the EIR is not
adequate on which to base decisions, and an effort should
be made to exchange the land.
Gary Gray, Sierra Club, submitted letter, a copy of which
is on file with the City Clerk, regarding the Palm Hills
General Plan, and encouraging a comprehensive review of it;
that they still have concerns about the EIR project alterna-
tives, and the Sierra Club would like to present a Proposed
Feasibility Study for an Extended Tribal Park (copy attached
to his letter) , as well as petitions signed by 300 people
supporting such a park.
John Adams, Tribal Council Planning Consultant, referred
to Tribal Council letter of April 2, a copy of which is on
file with the City Clerk, urging certification of the EIR,
as complete; agreeing with the Planning Commission recommenda-
tion for a specific plan for the entire South Palm Canyon
Area, and a restudy of the POD.
Councilmembers Maryanov and Smith have previously stated
reasons for abstention; both excused themselves from this
portion of the meeting.
Council Minutes
4-3-85 Page 4
2. P.D. 145 (Continued)
Director of Community Development stated that the letter
from W. Scott Williams, was received this date, and did not
give staff sufficient time in which to respond
Staff Planner stated that the Council has received a consider-
able amount of written and public interaction on this subject,
and referral was made to the Planning Commission for several
areas; that as a result of restudy, impacts in the EIR have
been lessened; that the Planning Commission recommends certify-
ing the EIR as complete; that the EIR has been in process
since 1983 and has been reworked many times; that a 200 page
addendum has been prepared, consisting mostly of public
comments received during the review period ; that many personal
feelings have been expressed about the project and what should
happen in that area, which are not directly specific to the
EIR; and described the issues contained in the staff report
of April 3, which is on file with the City Clerk. He stated
that the developer has indicated that it would be difficult
to meet his needs if a substantial redesign 'us called for
by the Council . He used various displays to show the revised
access points, including proposed buffer to the west, removal
of residential units, elimination of golf links and realign-
ment, and stated that this matter was reviewed in-depth at
the last study session.
In answer to question by Council , Staff Planner stated that
the developer proposes two separate accesses to Andreas Canyon
and South Palm Canyon; that the Tribal Council has said that
it does not want to share the roadway, and the condominiums
would have full privacy.
In answer to question by Council , Staff Planner stated that
the recommendation would be certification of the EIR as
complete, and the next step would be review beyond that
decision.
Councilman Foster stated that numerous trips have been made
to the site; that many questions have been asked; and that
the next step is answering those questions.
Councilman Birer stated that he has not seen a more exhaustive
EIR, and agreed that there should be a restudy to address
the number of dwelling units, the buffer along the toe of
the mountain, and noted that other issues have been addressed,-
and if the question points can be addressed by further study,
something can be worked out that everyone can live with.
He stated that time is important, and the Planning Commission
should start on this as soon as possible, at its next meeting.
Mayor and Councilman Foster stated that it was up to the
Council to make the decision, and this matter should be brought
to the next meeting.
Suggestion was made that the Council meet with developers
at the next study session to address these questions, com-
mencing at 1 p.m.
Resolution 15483, certifying Final EIR as complete, and making
findings related thereto, was presented; after which, it
was moved by Foster, seconded by Birer, and unanimously
carried, Maryanov and Smith abstaining, that Resolution 15483
be adopted.
Resolution 15484, calling for restudy, with review at April
9 study session, and Resolution 15485 regarding specific
plan for the South Palm Canyon area, were presented; after
which, it was moved by Birer, seconded by Fosi;e'r, and unani-
mously carried, Maryanov and Smith abstaining, that Resolutions
15484 and 15485 be adopted.
346 Council Minutes
4-3-85 Page 5
3. COUNTY WECS PERMIT 59 (CITY CASE 5.0312Q)
Recommendation: That the Council recommend the County prepare
a focused EIR for WECS Permit #59 (an expansion of WECS Permit
#3 from 55 to 102 turbines) for property immediately adjacent
to the BLM Whitewater Hill project, west: of Hwy 62 and north (123
of I-10, Section 7. Report of Director of Community Develop-
ment was reviewed by a staff planner.
Resolution 15486 recommending to the Board of Supervisors
that a, focused EIR be prepared, was presented; after which,
it was moved by Birer, seconded by Foster, and unanimously
carried, that Resolution 15486 be adopted„
4. MUNICIPAL CODE AMENDMENT - WASTE DISPOSAL SERVICE CHARGES
Recommendation: That the Council add Section 6.04.215 to
the Municipal Code, to provide for collection of delinquent
waste disposal fees and charges on the tax bill . Report
reviewed by City Attorney. (103
In response to question by Council , City Attorney stated
that notices for this year have been mailed; that placing
notices in the regular mail constitutes service, and certified
mail simply adds a return receipt; that if only certified
mail is used, and it is returned undelivered, there exists
a question whether notice has been served ; that undelivered
certified mail may relate to an incorrect address or a refusal
to accept the mail ; and that possibly service could be accom-
plished through both certified and regular mail .
City Manager stated that there were a few people last year
who appeared at the hearing; that some did not want to pay,
and others clearly had legitimate issues, but they had not
dealt with those problems either with Waste Disposal Services
or the City, and that the problem dirt not relate to lack
of notice.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMEND-
ING CHAPTER 6.04 OF THE PALM SPRINGS MUNICIPAL CODE TO
PROVIDE FOR COLLECTION OF DELINQUENT REFUSE COLLECTION
FEES OR CHARGES BY ADDING THE SAME TO THE PROPERTY TAX
BILL FOR THE PROPERTY SERVED.
It was moved by Foster, seconded by Maryanov, and unanimously
carried, that further reading be waived, and that the Ordinance
be introduced for first reading.
5. ORDINANCES FOR SECOND READING & ADOPTION
If desired, Ord amending the Zoniing Map for property (14
on the NE corner of El Cielo & Ramon, R-2 to P, withdrawn
from Agenda, pending applicant' s acceptance of conditions
regarding noise.
Sign Ordinance:
City Attorney stated that changes were grammatical and clerical
error corrections ; that the Amortization Schedule was not
to have been changed, and it was believed to have been included (IO.:
in the draft which was provided to the Planning Commission ;
that the Planning Commission was advised that the schedule
was not to be changed, but to remain as shown in the Sign
Ordinance; and that it has been restored to the Ordinance
before the Council .
Director of Community Development stated that the minor
language changes are noted in his report of this date.
Council Minutes
-14
4-3-85 Page 6
5. ORDINANCES FOR ADOPTION (Continued)
Planning Director reported that the Planning Commission amended
the sign program provisions, and that which is shown in the
draft before the Council is that which was approved by the
Planning Commission; and that the Planning Commission 's defini-
tion of a sign was a combination of that which was proposed
by the task force and that which was proposed by staff, which
he read. He stated that the language used in the definition
in the minutes did not appear to be shown in any of the drafts
presented, nor in the task force or staff drafts, and that
the minutes are in error and should be amended, relative
to the opening words, "Any structure or addition to a
structure. . ," and the draft before the Council is as recom-
mended by the staff and further amended by the Planning Com-
mission, relative to the 2-inch per foot, up to 3 feet back
into the store.
In answer to question by Council , City Attorney stated that
the Ordinance would only have to be returned to the Planning
Commission if there were significant changes which it had
not previously considered; that the changes are not signifi-
cant, and he was not aware of any significant changes which
have not been previously considered by the Planning Commission.
Councilman Maryanov stated that the effort is to have a Sign
Ordinance in place which is workable for the community, and
if the community finds that there are problem areas, those
can be re-addressed. Councilman Foster offered similar
comments, and noted that there needs to be some faith that
if there are errors or problems, those will be looked at
for possible revisions to the ordinance.
City Clerk read title of Ordinance 1237, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMEND-
ING CHAPTER 93 OF THE PALM SPRINGS ZONING CODE REGULATING
SIGNS.
It was moved by Foster, seconded by Birer, and unanimously
carried, that further reading be waived, and that Ordinance
1237 be adopted.
6. CONTRACT FOR ANNUAL AUDIT
Recommendation: That the Council accept proposal from Conrad
& Associates to perform the June, 1986 financial audit, in
amount of $16,244. Report reviewed by Director of Finance. (58)
Minute Order 3565, accepting proposal , as recommended, was
presented; after which, it was moved by Marya.nov, seconded
by Smith, and unanimously carried, that Minute Order 3565
be adopted.
7. COUNTY WIND ENERGY ORDINANCE AMENDMENTS
Recommendation: That the Council provide recommendations
to the County relative to proposed amendments to its Wind
Energy Ordinance, including increasing scenic highway setbacks
to 1/4 mile for all WECS. Report of Director of Community (123)
Development was reviewed by staff planner, who noted that
this matter was discussed at the last study session, and
Council indicated desire to recommend that the proposed scenic
highway setback be increased to match BLM required setbacks
of 1/3 to 1/2 mile; and that in addition to considering prohi-
biting white as a color for WECS, that grey and silver tones
also be prohibited.
Resolution 15487, providing recommendations, was presented;
and unanimously carried, that Resolution 15�87 be adopted,
subject to revisions to reflect study session discussion
above noted.
}S Council Minutes
4-3-85 Page 7
8. COUNTY WECS PERMIT #48 (U.S. WINDPOWER)
Recommendation: That the Council recommend denial of County
Change of Zone Case 4302 and WECS Permit 48, for property
south of I-10, between Whitewater River and Hwy 62. Report (123
of Director of Community Development reviewed by staff planner.
Resolution 1548B recommending denial , was presented; after
which, it was moved by Birer, seconded by Foster, and unani-
mously carried, that Resolution 15488 be adopted.
9. ENTRY PARK AND SERVICE CLUB SIGNBOARD
Recommendation: That the Council appoint a design team to
upgrade the entry park near the Tramway, and incorporate
service club emblems.
Planning Director reported that the proposed sign would be (117
on the land owned by Culver Nichols, who has agreed to extend
a revokable easement; that staff has some reservations about
the location, due to its proximity to the traffic signal
at Tramway Road, high speed on the highway, and the highway
design; that other sites would mean a cheat deal more work;
and that the design team would comprise persons noted in
Director' s report.
In answer to question by Council , Rex. Crook, stated that
the idea of a service club sign was started by the Exchange
Club as an ad hoc committee of the Chamber, and that the
service clubs should be represented on the committee.
It was moved by Maryanov, seconded by Birer, and unanimously
carried, that the Mayor and Planning Director appoint the
committee.
CONSENT AGENDA:
10. Minute Order 3566 approving one-year service agreements with
Carrier Building Services, in amount of $9,660, for chiller (52)
maintenance at the co-generation plants.
11 . Resolution 15489 amending the budget to appropriate $10,000
to cover cost of legal services for various personnel issues. (61 )
12. Resolution 15490 amending the budget to appropriate $500 for
City membership in Californians for Better Transportation, (61 )
and MO 3567 authorizing expenditure.
13. Minute Order 3568 ratifying emergency purchase of diesel fuel (84)
from Ken Strickland Company, in amount of $6,918.86.
14. Resolution 15491 and 15492 approving Payroll Warrants and Claims (86)
& Demands.
15. Resolution 15493 approving filing grant application for Roberti-
Z'Berg Grant Funds, in amount of $18,555, to be applied toward (109
construction of three softball playing fields at DeMuth Park.
16. Minute Orders 3569 and 3570 exempting 1162 Tamarisk Road and
784 N. Patencio Road, from requirement to connect to the sewer, (12-
based on hardship criteria.
It was moved by Maryanov, seconded by Birer, and unanimously
carried, that Minute Orders 3566 through 3570 and Resolutions
15489 through 15493, be adopted.
34:i
Council Minutes
4-3-85 Page 8
17. Minute Order 3571 awarding contract to Intersection Management
Systems, Inc. for installing traffic signal at Tahquitz Way (130)
and Calle El Segundo, in amount of $71 ,484, CP 84-30, Agr #2204.
It was moved by Maryanov, seconded by Birer, and carried,
Foster voting No that Minute Order 3571 be adopted.
18. POLICE BUILDING - FURNITURE
Recommendation: That the Council approve participation in
County contract #84-7063 for Steelcase furniture, from Enviro-
design Division of Stockwell & Binney, for -the new police
building, in amount of $172,361 .30. This item was reviewed (117)
in detail at the last study session, no further report was
given.
Minute Order 3572, approving purchase, as recommended, was
presented; after which, it was moved by Maryanov, seconded
by Smith, and unanimously carried, that Minute Order 3572
be adopted.
19. COUNTY TRACT MAP 20087
Recommendation: That the Council request the County Planning
Commission and Board of Supervisors to direct a restudy of
TTM 20087 for 48 unit cluster housing to be located north
of Vista Chino, between the City limits and Gene Autry Trail ,
Section 6. Director of Community Development reviewed his
report. (123)
Resolution 15494, requesting action above noted, was presented;
after which, it was moved by Birer, seconded by Maryanov,
and unanimously carried, that Resolution 15494 be adopted.
REPORTS & REQUESTS:
20. DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Treasurer' s Monthly - Dec, 1984 & Jan, 1985 (121 )
21 . COUNCIL reports or requests
a) At suggestion of Councilman Maryanov, a field trip was
scheduled to view the bike path on North Riverside Drive
at Sunrise Way and its crossing to the Temple project,
for Tuesday, April 16 at 2 p.m.
b) Councilman Foster requested that staff cake steps to
curtail the double parking on Belardo Road at the Fashion
Plaza.
22. PUBLIC reports or requests
a) Dr. Richard E. Mertz, 25352 All Street, Val Vista,
presented suggested no-smoking ordinance, and requested
that on behalf of the California Non-Smokers Rights group, (103)
that the Council consider it for adoption. He commented
on the group's activities and effort to curb smoking
in public places.
b) Denya Hodges stated that she raised the issue of changes
to the Sign Ordinance from, its introduction, because
she did not think the Council was aware of those changes, (103)
although many were minor; and that in the "side-by-side"
copy of the task force vs. Planning Commission draft
ordinances, the opening words of the definition of a
sign in the Planning Commission' s ordinance are, "Any
structure, or addition to a structure which is an. . . ".
Council Minutes
4-3-85 Page 9
23. STAFF reports or requests - None
ADJOURNMENT
There being no further business at 10:10 p.m. , Mayor declared
the meeting adjourned.
6��- Juo-iTH S MICH
City Clerk