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HomeMy WebLinkAbout3/5/1986 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES MARCH 5, 1986 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, March 5, 1986 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: At the conclusion of the regular business, Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency, in order to adjourn said Agency to Tuesday, March 11 , 1986. APPROVAL OF MINUTES: It was moved by Birer, seconded by Foster, and unanimously carried, that the Minutes of February 19, 1986 be approved. COUNCIL COMMENTS: None PUBLIC HEARINGS: 1 . AA 3.959 - PALM SPRINGS TOWNHOMES APPEAL Consideration of appeal from Palm Springs Townhomes from (111 ) Planning Commission denial of a security gate system at the Palm Springs Townhomes located at Via Escuela, on the ' west side of Indian Avenue. Planning Director reviewed Memorandum of Director of Community Development, dated March 5, 1986, and submitted additional traffic count information provided by the applicant. He stated that a 3-point turnaround would be required in most cases for vehicles unable to get through the gates, and mitigation to widen the driveway would result in loss of landscaping and sidewalk for the units already the most impacted by the proposal . He reviewed plans on exhibit. • In answer to questions by Council , Planning Director reported that 60% of the turning movements would be addressed without the 3-point turn, but an additional width of 10 feet would be needed for trucks and service vehicles. He stated that 32 of the 119 units would not have front-door security. Mayor declared the hearing opened. Douglas Phillips, Erwin & Anderholt, attorney representing the P.S. Townhomes Homeowners Association, stated that approval of the project was expressed by 79 of the units, 20 were opposed, and 20 did not respond the ballot. Council Minutes 3-5-86 Page 2 1 . AA 3.959 (Continued) Steve Sullivan, architect, 73700 Highway Ill , Palm Desert, stated that all problems are not solved through a retrofit approach, e.g. , not protecting each unit: from the front, but common areas and parking are protected ; that matching materials have been used to preclude an add-on appearance; that all gates are sliding, except two which are swinging; that the most traffic will be on the SE corner of Via Escuela; that landscaping has been increased and color added; and that he believed the project is an improvement to the complex. Dick Flu, 222-C Indian, stated that the complex experiences problems with a variety of trespassers., burglaries, and vandalism. Faber Cripps stetted that there would not be a pile-up of cars, and the peak traffic would be people going to work on Friday mornings, and on Sundays; that there are few permanent residents, and only 35-40 parking spaces used at one time. Dorothy Head, 2166 N. Indian Avenue, stated that she has not seen any record showing who is in favor of the project; that she was concerned about traffic stacking up on Indian (111 ) Avenue; that the gates are a hazard and high maintenance cost; that there are other alternatives to enhancing the security which have not been provided ; that the plans are different from those presented to the homeowners; and there are 32 units which will not receive any benefit. Ed Velinsky, 18944 Vicki Ave, Cerritos, owner of one unit, spoke in opposition and stated that there will be traffic hazards, and the vandalism and trespassing problems will not be solved; that property value will decrease; that the benefit is not equal for all units; that there will be high maintenance, and a hardship for some owners in terms of inconvenience and annoyance when people cannot get through the gates ; that the gate will not operate via telephone according to the association newsletter; that there is no exit for buildings 2274 and 2286 if the gate fails to operate; that the curb in front of 2298 would be painted red, yet it is the only unit that does not have a carport behind it, and the owners would have to walk up to three-quarters of a block; that the fire lane has been reduced from the required '14 feet to 12-13 feet; and that he has written support of 54 owners in opposition. Mr. Sullivan explained how the gate works via the telephone. Annette Shawaker„ building 2289, stated that she would not be able to park in front of her unit, and would have to walk one block; that she will be aggravated by noise and waiting cars; that her property will decrease in value; and that she will have to pay $650 per year and receive ' no additional protection. Dr. P. Picchione, owner of Unit 2298-A, stated that his mother lives in the unit, and he did not receive any informa- tion relative to the details of the project, and opposed the project because it does not afford any protection for her unit. Council Minutes 3-5-86 Page 3 1 . AA 3.959 (Continued) Mary Lawler, 2280-E North Indian, read a prepared statement, a copy of which is on file with the City Clerk, in opposition to the project. Hans Melbert (?) tenant, referred to problems previously expressed by Mr. Flu. Stan Konow, President of the Association, stated that a feasibility study was made, vote taken, plans prepared, and a second vote taken; that both ballots resulted in approval of the project; that there are some unit owners faring Indian Avenue who are in favor of the project; and that a guard service was studied, but found to be too costly. Mrs. Konow also spoke, and stated that the people had expressed a desire that the project not be fully gated. Mr. Velinsky stated that there are walls that people can (111 ) still go over, which the gates will not resolve; and he has the endorsements he previously referred to. There being no further appearances, the hearing was closed. Councilman Smith stated that of the issues of internal conflict, aesthetics, and traffic, the only issue for the Council relates to traffic, since it does riot deal with the internal affairs of the Association, and it must resolve its own conflict, and that the Architectural Advisory Committee approved the design; and that he questioned whether there would be a traffic problem. Councilman Birer stated that compromises are necessary when dealing with a retrofit, e.g. , the fire lane approved by the Fire Department; that the owners will have to decide for themselves, and he believed the Commission made an emotional decision that cannot be supported. Following discussion, it was moved by Birer, seconded by Smith, and carried, Bogert voting No, that -the Planning Commission denial be overruled, and the project approved, subject to suggested Architectural Advisory Committee condi- tions, and other conditions which might be recommended by staff in order to complete the project. Mayor expressed his opposition, and stated that he did not think it was a good design, and should not be allowed with the number of problems it has. 2. VARIANCE 6.352 (PERRY) - HOPE APPEAL Consideration of appeal on behalf of Bob Hope Irom Planning Commission approval of variance to allow minor extension of single-family residence into the side yard at 2441 South- ridge Circle. ' At request of appellant of applicant, it was moved by Foster, (146) seconded by Birer, and unanimously carried, that the hearing be continued to March 19, 1986. PUBLIC COMMENTS: a) Carolyn Toenjes, 1863 Park, read a prepared statement, a copy of which is on file with the City Clerk, relative to the transportation of nuclear rods from Korea to South Carolina, via Phoenix, and urged that Palm Springs and other CVAG cities take action to protect this area ` from potential unnecessary risks. r _1 ). i J Council Minutes . 3-5-86 Page 4 b) Joe Hegarra (?) 6162 St. Andrews Plaza, questioned whether work in progress at the Water Park would result in access to the park from Crossley Road. Director of Community Development reported that: temporary access has been requested for a limited construction period, (109) and he has requested that alternatives be explored for even that limited time; and there will not be any park patron access from Crossley Road. c) John Clark, 1311 Sunflower Circle; Britton Garret (?) and Brian Shields (?) , each spoke concerning a proposal to provide pedicab service in the downtown business (64) area, operating from the Marquis Hotel , and describing other pedicab operations they are providing in Westwood and Venice. City Manager requested that they contact him for the appropriate City department to explore their proposal . d) Jeremy Crocker, 330 W. Arenas, read a prepared statement, a copy of which is on file with the City Clerk, relative to his concerns about the publication of the report on co-generation; and requesting that Item 7 of the Consent Agenda be removed for discussion. (Note: This (52) item was not removed from the Consent Agenda, and it was noted that the co-generation issue has been discussed at length from its inception; also that the cost of the report would be paid for through Southern California Gas Co. grant funds. ) e) Ralph Hitchcock, Chamber of Commerce President, spoke relative to the issue of banners, and stated that the issue deserves more consideration that it has been given, and he would volunteer his time; that the real (114) issue relates to Council policy, and perhaps a tourism element should be added to the General Plan; that he believes there is a need for promotional banners; and banners must be of a high quality, there would be a workable application process, and criteria against which a measurement can be made. f) Deyna Hodges, President of the P.S. Citizens & Merchants Association, also commented regarding banners, and that she did not believe it was impossible to overcome the major reasons in the staff recommendation why the prohibition should continue, nor did she agree with (114) staff comments about the potential problems. She stated that as many as 27,000 cars per day pass through the major intersection; and would greatly enhance the oppor- tunity for successful events. She wanted to know who constituted "staff" in the development of the staff Y recommendation. g) George Goldberg played a tape recording. LEGISLATIVE ACTION: 3. GOLF COURSE RULES & REGULATIONS Recommendation: That the Council approve minor changes to the Municipal Golf Course rules and regulations to provide a uniform format of the regulations, and to clarify language, (92) e.g. , "off-season" instead of "summer," staff titles, eliminate twilight play fee, "junior" insi;ead of "student," set dates for celebrating Martin Luther King and Lincoln birthdays. No rate changes are proposed; and the 1981 off-season rates shall remain in effect. Council Minutes ;�?;; 3-5-86, Page 5 3. GOLF COURSE REGULATIONS (Continued) This matter was reviewed in detail at the last study session. A brief report was given by the Superintendent of Parks & Golf Course. Res 15792 amending rules and regulations, as recommended, (92) was presented; after which, it was moved by Smith, seconded by Foster, and unanimously carried, that Resolution 15792 be adopted. 4. P.O.S.T. BOARD MEMBERSHIP Recommendation: That the Council formalize the appointment of the Board of Trustees of P.O.S.T. ; appoint four new members; and establish terms for the entire Board. This item was reviewed in study session, and no further report (104) was given. It was moved by Birer, seconded by Maryanov, and unanimously carried, Foster abstaining, that the P.O.S.T. Board membership and terms be approved, as follows: For term ending 6-30-87: Bernie Poliak Dorothy Kirby Paul Selzer Kitty Hayes Howard Gordon James Hicks* Walter Hill* Richard Service* Joan Taylor* For term ending 6-30-88: Sam Rosenthal Philip Short John Ingles Boo Hoff Dan Kaplan Elizabeth Kieley Mike Peroni Bob Rose Bill Foster *New 5. RESOLVING TIE-VOTES AT MUNICIPAL ELECTIONS Recommendation: That the Council consider options to resolve tie-votes for candidates in city elections. This item was reviewed in study session, and no further report was given. (83) It was the consensus of the Council that tie-votes should be resolved by drawing lots, and therefore, no action was taken. Council Minutes 3-5-86 Page 6 6. BANNERS Recommendation: That policy prohibiting across-the-street type banners remain in effect; and that staff be directed to work with the Chamber of Commerce, the Palm Springs Citizens & Merchants Association, and other interested groups to explore approaches to provide visitor information (114) on current and up-coming attractions. City Manager recommended that no action be taken until staff can discuss the issues with the citizens group. No action taken. CONSENT AGENDA: 7. MO 3713 approving purchase of printing services from Griffin Printing for printing approximately 1500 copies of the document, (52) "Co-generation, the Palm Springs Experience," in an amount not to exceed $10,000. 8. Res 15793, initiating proceedings; Res 15794 approving Engineer's Report; and Res 15795 declaring intent to order plans, specifica- (56) tions, and other matters, and setting hearing thereon for April 2, 1986, and calling for bids, relative to the formation of Street Lighting Maintenance District 4, for the area bounded by Gene Autry Trail , Birdie Way, Par Drive and Eagle Way. 9. MO 3714 approving letter agreement with T. K.D. Associates to provide landscape architectural services for the McCallum Desert (109) Reserve, in an amount not to exceed $13,000 - Agjr# 2294. 10. MO 3715 authorizing filing grant proposal for State 1986 Trans- portation Bike Lane Account funds to purchase and install cyclist guide signs and motorist warning signs, in amount of $16,286 (109) (requires 10% matching funds). 11 . MO 3716 awarding purchase of a utility vehicle to Pacific (84) Equipment & Irrigation, in amount of $5,167.50. 12. Res 15796 approving 12-month time extension for TTM 18126 for property on the SW corner of Vista Chino and. Cerritos, Section (137) 12, J. Cain. 13. Res--------approving amendment to the Comprehensive Fee Schedule to increase animal impound fees, charge for pickup of animals, (114) and animal daily care charge. Due to questions, this item was removed from the Consent Agenda, and upon motion by Foster, seconded by Birer, it was continued to March 19, 1986. 14. Res 15797, 15798, 15799 and 15800 approving Payroll Warrants and Claims & Demands. (86) 15. Motion concurring in CRA Res. 394 through 397. (124) 16. Res 15801 updating authorization to participate in State Dept. of General Services contracts for purchase of various items, e.g. , vehicles and pavement markers - last authorization by (84) Res. 12678, update at request of State. 17, MO 3717 approving purchase of 13 police cars from Drew Ford, in amount of $147,919.34, and waive formal bid; and Res 15802 (84) amending the budget to appropriate $147,920 therefore. Council Minutes 3-5-86 Page 7 18. Mo 3718 approving agreement with Goldstein & Kennedy to provide law and personnel legal services and act as the City's chief (110) negotiator in meet and confer proceedings with the recognized employee units, at a cost not to exceed $15,000 - Agr #2295. It was moved by Maryanov, seconded by Smith, and unanimously carried, that Resolutions 15793 through 15802, and Minute Orders 3713 through 3718 be adopted. 19. WWTP OFFICE EXPANSION - CP 85-19 Recommendation: That the Council award contract to Russell Tourville Construction for the Wastewater Treatment Plant (127) Administration Building expansion, in amount of $22,780 - Agr #2296. Report highlighted by Director of Community Development Minute Order 3719, awarding contract as recommended, was presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, that Minute Order 3719 be adopted. 20. AIPORT - AIP-04 MASSEY CHANGE ORDER NO. 4 Recommendation: That the Council approve Change Order No. 4 to Agr 2210 with Massey Sand & Rock, for an increase of $13,700 for flood control work in conjunction with the (51 ) above project. Report highlighted by Director of Transporta- tion & Energy j Minute Order 3720, approving the Change Order as recommended, was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, that Minute Order 3720 be adopted. REPORTS & REQUESTS: 21 . CITY COUNCIL reports or requests a) Report of apparent abandoned vehicle on the NE corner of Calle E1 Segundo and Ramon Road. b) Request that staff provide documentation relative to the number of signs located in business windows, behind the 3-ft limit. Concern was expressed by Council- man Smith and the Mayor that the Sign Ordinance may need to be re-examined in this regard. 22. PUBLIC reports or requests - None 23. STAFF reports or requests - None ADJOURNMENT (See above re Community Redevelopment Agency) There being no further business at 9:30 p.m. , Mayor declared the meeting adjourned to Tuesday, March 11 , 1986, at 3 p.m. , in the Large Conference Room, City Hall . abITH SUMICH City Clerk