HomeMy WebLinkAbout1/21/1981 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JANUARY 21 , 1981
A Regular Meeting of the City Council was called to order by
Mayor Doyle, in the Council Chamber, 3200 Tahquitz-McCallum
Way, on Wednesday, January 21 , 1981 , at 7:30 p.m.
ROLL CALL: Present: Councilmembers Beirich, Field, Ortner,
Rose and Mayor Doyle
Absent: None
The meeting was opened with the salute to the Flag and an
invocation by Councilmember Ortner.
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 Beirich, seconded by Field, and
unanimously carried, that the minutes of January 7,
1981 be approved.
PUBLIC HEARINGS: None
PUBLIC COMMENTS:
a) Mr. Schalber, Ervin Engineering, requested waiver
of the dual sewer system requirement for the (137)
extension of Tentative Tract Map 11559 (See Item 6 ) .
b) Allen Perrier, 2178 Brentwood, attorney representing
Mr. Ellis, re General Plan Amendment EIR Appeal to
Tribal Council , requested that the Council issue a (101 )
negative declaration of environmental assessment,
in line with the Tribal Council decision, and direct
the Planning Commission to hold hearings on the pro-
posed General Plan and zone change as soon as possible.
He stated that the appeal was before the City Council
and the negative declaration should be made by the
Council without any further action by the Planning
Commission.
Mayor indicated that staff would determine the appropriate
process to be followed.
c) Willie Lockman, 6068 E. Driver_, representing the
P.S. East and Sand Castles Homeowners Associations,
spoke in opposition to the location proposed for
Fire Station #5, on the basis that it will devote
City land to a use other than what is currently
enjoyed by the neighborhood; that it will necessi-
tate U-turns by fire trucks onto Bolero Drive;
that it will eliminate frisbee throwing, dog (117)
walking, and jogging on the site, now enjoyed
by residents; that there has not been an EIR or
environmental assessment done for the project,
except for the EIR prepared in connection with
the General Plan Amendment eighteen months ago,
which he believed was never adopted or addressed
by the Council ; that he believed the General Plan
was never amended to show the station at the subject
location; that the existing zoning does not permit
such use; that a lot split will be created and
if the use is abandoned, the lot would not meet
minimum standards; that he believes the project
014
Council Minutes
1-21-81 Page 2
PUBLIC COMMENTS (Continued)
should be subject to a conditional use permit, and CONT'D
that an EIR should be required and a public: hearing (117)
held to allow neighborhood input.
LEGISLATIVE ACTION:
1 . PUMP STATION #2 & APPURTENANT EQUIPMENT & SEWER MAIN - AWARD
OF CONTRACT
Recommendation: That the Council award contract to
Jones Bros. , in amount of $474,495.60, for above
improvements, and amend the budget to appropriate (128)
an additional $165,000, therefore.
Director of Community Development reviewed his report,
dated January 21 , 1981 , noting that it will be more
cost effective, both in the design and contruction,
as well as on a community service basis, to combine
Phases I and II and to provide for an ultimate design
capacity of 1 ,740 gpm, thereby necessitating the
additional funds for the project.
Minute Order 2884, awarding the contract, and Resolution
13663, amending the budget, were presented; after which,
it was moved by Beirich, seconded by Ortner, and unani-
mously carried, that Resolution 13663 and Minute Order
2884 be adopted.
2. AIRPORT MISCELLANEOUS PROJECTS - AWARD OF CONTRACT'
Recommendation: That the Council award contract
for airport miscellaneous projects budgeted in
fiscal year 1980-81 , to Massey Sand & Rock Co. , in
amount of $226,.489.
Transportation Director reviewed his report, dated (51 )
January 21 , 1981 , and supplbment;al report of same
date, and recommended that in addition to awarding
contract for the miscellaneous project, that the
Council approve a change order to the contract to
add three-strand barbed wire outriggers to the,
3,450 lineal feet of fencing being relocated under
said projects, and appropriate an additional $6,900
to cover the cost thereof.
Minute Orders 2885 and 2886, awarding the contract
and approving Change Order No. 1 thereto, and Resolu-
tion 13664, amending the budget, were presented; after (61 )
which, it was moved by Field, seconded by Rose, and
unanimously carried, that Minute Orders 2885 and
2886 and Resolution 13664 be adopted.
m:YXe.
Council Minutes
1-21-81 Page 3
3. FIRE STATION NO. 5 - AWARD CONTRACT
Recommendation: That the Council award contract to
W.A. Foster, Inc. , in amount of $289,719, for
construction of Fire Station No. 5.
Relative to comments by Mr. Lockman, Director of
Community Development stated that the specific
location was a part of the Community Fire Pro-
tection plan which was an amendment to the Seismic
Safety Element of the General Plan; that the property
is a portion of the Golf Course property which is
zoned 0, however, further checking may be required;
that an environmental assessment was made in con-
nection with the General Plan amendment but not for
the project per se; and that he was not prepared to
respond to comments concerning a lot split.
In answer to question by Council , Fire Chief stated
that he understood that the negative declaration
made in connection with the General Plan amendment: (117)
was the proper procedure for the project; that the
fire station location study conducted in 1966 showed
a station in the Bogie Road area, however, other
locations indicated in the study for other stations
were also not built at the exact pinpoint location;
that computer aided study showed the best location
for Station #5 to be the site proposed or within
100 feet to the west, which will provide fire
response coverage without overlapping existing or
future station locations; and that he did not have
any concerns regarding ingress and egress onto
Bolero Drive.
City Manager stated that the question of the
environmental assessment was raised last summer
and checked out; that neighbors were informed
that they would be apprised of the next step in
the process, and that was done; and that he was
not aware of the issues presented this date regarding
zoning, and perhaps a two-week delay would be in
order.
Councilman Rose suggested that the question of the
environmental assessment be addressed with respect
to the Woodland Hills case, since the residents
seem to be looking for some particular remedy.
Following discussion, it was moved by Rose, seconded
by Beirich, and unanimously carried, that this matter
be continued to February 4, 1981 , pending review by
staff.
)IG
Council Minutes
1,-21-81 Page 4
4„ EQUESTRIAN TRAIT_ ENCROACHMENT PERMIT
Recommendation: That the Council accept hold harmless
provisions contained in encroachment permit obtained
from the Riverside County Flood Control District to
construct equestrian trail along north side of Arenas (109)
Levee,
Resolution 13665, accepting permit and holdharmless
provisions, was presented; after which,' it was moved
by Beirich, seconded by Rose, and unanimously carried,
that Resolution 13665 be adopted.
5. GOLF COURSE - POND EXCAVATION
Recommendation: That the Council amend the budget
to appropriate $6,690 to pay for removal of debris
from interceptor pond located upstream of the fairways (92)
and approve payment of said amount to Ionic Construction
Co. , for equipment rental ,
Minute Order 2887, approving payment, and Resolution
lj666, amending the budget, were presented; after which, (61 )
it was moved by Beirich, seconded by Rose, and, unani-
mously carried,--that Minute Order 2887 and Resolution
13666 be adopted.
6. TRACT 11559 - TENTATIVE MAP EXTENSION
On January 7,'1981 , Council continued consideration of
recommendation to extend Tentative Tract Map 11559 for
property located on north side of Mesquite Avenue, east (137)
of Sunrise Way - Ervin/C. Dunham.
Director of Community Development reviewed his supple-
mental report, dated January 21 , 1981 , and recommended
that, in this case, the dual sewer system requirement
be waived, because of delays caused by source's other
than the developer. He stated that a detailed report
was submitted within the last two weeks indicating
chronology cf the project and he is satisfied that the
delays were, 'in fact,' valid and beyond the control
of the engineering firm.
In answer to question by Council , Director of Community
Development stated that he would make the same recom-
mendation again, if the record could substantiate the
same conditions.
Resolution 13667, granting the time extension (does
not include dual sewer system requirement,) was pre-
sented; after which, it was moved by Rose, seconded by
Beirich, and unanimously carried, that Resolution 13667
be adopted.
7. ROOM TAX AMENDMENT - TIME SHARE (Introduced 1-7-81 )
City Manager read title of Ordinance 1131 , as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE TRANSIENT OCCUPANCY (140)
TAX ORDINANCE TO CLARIFY THAT ORDINANCE'S
APPLICABILITY TO TRANSIENT OCCUPANCY OF UNITS
ON A "TIME SHARE" BASIS OR ARRANGEMENT.
It was moved by Rose, seconded by Beirich, and unani-
mously carried, that further reading be waived, and
that Ordinance 1131 be adopted.
Council Minutes
1-21-81 Page 5
CONSENT AGENDA:
8. Minute Order 2888 authorizing agreement with the City cP
Desert Hot Springs for participation in the ninth year ( 73)
RSVP Program, in amount of $4,628.
9. Resolution 13668 amending the Comprehensive Fee Schedule
to establish new fee to cover cost of microfilming permanent (114)
records in the Community Development Department.
10. Resolution 13669 approving sewer construction refund
agreements with Desert Associates, for lines installed in (128)
Calle El Segundo and Amado Road, and in Andreas Road.
11 . Resolution 13670 approving Tentative Tract Map 12520, 1 yr. extension,
for property located north of East Palm Canyon Drive, east (137)
of Farrell Drive - 78 units, Hallmark/R.Ehrlich.
12. Minute Order 2889 approving agreement defining responsi-
bilities regarding historic properties on Village Greece (117)
Park Site with Palm Springs Historical Society.
13. Resolution 13671 approving Claims & Demands . (86)
It was moved by Field, seconded by Rose, and unani-
mously carried, that Minute Orders 2888 and 2889 and
Resolutions 13668 through 13671 be adopted; Beirich
abstaining on Minute Order 2888 and Beirich and Doyle
abstaining on Resolution 13670.
14. RAMON/COMPADRE ROAD - FLASHING SIGNAL
Recommendation: That the Council award contract
for installation of flashing signals on Ramon Road
at Compadre Road to Smith Electric Supply, in amount. (130)
of $10,645, and amend the budget to appropriate
$11 ,395, to cover casts thereof and provide minor
contingency funds.
Minute Order 2890, awarding the contract, and
Resolution 13672 amending the budget, were pre-
sented; after which, it was moved by Field, seconded (61 )
by Beirich, and unanimously carried, that Minute
Order 2890 and Resolution 13672 be adopted.
15. TRAFFIC SIGNAL MAINTENANCE AGREEMENT
Recommendation: That the Council approve agreement
with Signal Maintenance Incorporated, for the mainte- (130)
nance of traffic signals at 26 intersections, in amount
of $2,366.78 per month.
Director of Community Development reviewed his report,
dated January 21 , 1981 , noting that the agreement does
not include traffic signals on Highway 111 , which will
continue to be maintained by CalTrans.
In answer to question by Council , Director of General
Operations reported that the contract is for a period
of one year, and provides for a year-to-year extension
subject to negotiations. He noted that there is nothing
specific as to what constitutes "negotiations, " however,
any changes would be brought back to the Council .
Minute Order 2891 , approving the agreement, was presented;
after which, it was moved by Rose, seconded by Beirich,
and unanimously carried, that Minute Order 2891 be adopted.
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Council Minutes
1-21-81 Page 6
16. FINAL PARCEL MAP 16485
Resolution 13673, approving Final Parcel Map 16485, to
combine property on the south side of Tahquitz--McCallum
Way, between Saturmino Road and Cerritos Drive, for (119)
Webb Engineering representingM. Mazaheri , was presented;
after which, it was moved by Beirich„ seconded by Field,
and unanimously carried, that Resolution 13673 be adopted.
17. ANIMALS AT AIRPORT
Recommendation: That the Council authorize submission
of response to FAA letter of correction, dated January 5,
1981 , as detailed in proposed letter from Transportation
Director, included in his report of January 21 , 1981 .
Transportation Director noted that long-range solution
proposes an FAA project, when aid available, to construct an 8-ft.
wide perimenter fence on base of native material , tying the
asphalt into the bottom of the chain link fencie and adding
three strands of barbed wire as outriggers above the (51 )
existing 6-ft chain link fence. He stated that the
estimated cost for the project is $416,085, exclusive
of engineering or construction supervision costs. He
also stated that a compilation of suggestions and
analysis thereof has been prepared by staff and provided
to the City Council .
In answer to questions by Council , Transportation Director
reported that FAA has agreed that the City would be unable
to complete the project without aid, and recognizes the
project as a safety item and a high priority and one which
is eligible under federal aid, and is agreeable that the
City may proceed after notice of tendered funds is given.
He stated that the matching funds is 90% federal aid,
and 10% city funds.
It was moved by Rose, seconded by Beirich, and unani-
mously carried, that the response, as recommended, be
authorized.
18. FAA GRANT AGREEMENT 07 •- LAND ACQUISITION RE PARCEL J
Recommendation: That the Council approvement Amendment
No. 1 to Grant Agreement for Project 6-06-0181-07 to
delete Parcel J from the land acquisition grogram and (51 )
authorize execution of said amendment.
Resolution 13674, approving amendment as recommended,
was presented; after which, it was moved by Beirich,
seconded by Field, and unanimously carried, that
Resolution 13674 be adopted.
Council Minutes
1-21-81 Page 7
19. ALLOCATED POSITIONS & COMPENSATION PLAN AMENDMENT
City Manager reported that as a result of reviewing
the organization of the engineering division and
attempting to deal with some concerns which are (61 )
raised from time-to-time, he recommended creating
the position of Assistant City Engineer and adding
an Engineering Aide II, and deleting Engineering
Field and Engineering Office Supervisor positions..
He stated that the change, together with a substantial
increase of time by the existing contract engineer,
will provide the nucleus for improved structure of
the division and will lead to improved coordination
of activities andengineering policy issues facing the
City now and in the future. He stated that, if
approved, an in-house promotion will be made and
a recommendation will be brought back to the Council
to expand the 'hours of service of the contract
engineer, with a heavy emphasis on the initial
establishment of policies, followed by a possible
reduction in the contracts He stated that there
will not be any increase in expenditures this year
and should not have any substantial affect in future
budget years.
Resolution 13675, approving the amendment as recom-
mended, was presented; after which, it was moved by
Beirich, seconded by Rose, and unanimously carried,
that Resolution 13675 be adopted.
REPORTS & REQUESTS:
20. DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Treasurer's Monthly - October, 1980
21 . CITY COUNCIL reports or requests
a) Councilman Beirich commended Mike Crawford and
Ken Johnstone upon receipt of Jaycees ' Police O°ficer
and Firefighter of the year awards presented at
recent Bosses Night Dinner.
b) Councilman Rose urged that staff pay careful attention
to the timely completion of traffic signal project,
rioting that he has seen little activity.
c) Councilwoman Ortner suggested that staff consider
preparing for movement of traffic on South Palm
Canyon and Sunny Dunes in anticipation of the
rainy season.
d) In answer to question by Council , City Manager stated
that the Council will be apprised of policy relative
to street cleanup following accidents, i .e. , glass.
e) In answer to question by Council , Fire Chief stated
that the 100-ft aerial apparatus would reach the
seventh floor of a building, providing the angle
is proper, and explained the circumstances relative
to a fire some time ago at the Palm Canyon Hotel ,
noting that the occupants were not in danger and
fighting the fire was of a higher priority than
evacuation.
f) Finance Director, Ron Howard, commended for his
recognition by the Municipal Finance Officers
Association for reporting system implemented.
Council Minutes
1-21-81 Page 8
22. PUBLIC reports or requests
a) Robert Taylor, attorney representing Howard Lane,
stated that he believes a section of the Zoning
Ordinance has been misapplied and that approval
of a 30-ft height on a residential dwelling in
Andreas Hills is in excess of the height limita-
tion allowed in residential zones, and should have
been the subject of a variance or conditional use
permit and not an Administrative Minor Modification.
He stated that the appellant was not given notice
of the Architectural Advisory Committee action
in March, 1980, and only became aware of the
project when grading commenced in late August- (111 )
September; that the matter was discussed by
the Planning Commission in November, 1980, but
the appellant could only be heard during the
public comments portion of the meeting; that
he believes the Commission misunderstood the
size of the lot and the size of the proposed
dwelling; that the appellant filed an appeal
two months ago, and only heard on January 20,
1981 , that it would be denied by staff; that he
believes the appeal is proper under the Zoning
Ordinance (AAC procedure) and is also covered
by constitutional due process; and that he has
not received any sound reason why the appeal
should be denied. He urged that the Council
direct that the appeal be set for hearing.
In answer to question by Council , Director of
Community Development that the initial action
by the Commission was in March, 1980, and that
the aggrieved party may appeal the decision
within 10 days; that no notice is sent to
adjacent property owners on Architectural
Advisory Committee matters; that the Commission
requested that the adjacent property owner be
notified; that Mr. Lane's wife was notified and
showed a copy of the plans; that the the Commission
acted. and there was no appeal filed within 10 days;
that in October-November,' the appellant', attorney
asked that the matter be reconsidered and that he
be heard; that the matter was placed on the agenda
as a courtesy to the attorney; that he addressed
the Commission during the 3-minute public: comments
portion,--and was subsequently cut-off by the Chairman;
that the attorney is now saying that the Commission 's
action to hear him opened the- issue to a new decision
from which he could appeal ; that there is no provision
in the Zoning Ordinance for an appeal from an Administrative
Minor Modification, which allows a building height up
to 30 feet in hillside areas; that the AMM was under-
stood by the Planning Commission to be a follow-up to
its action; that he did not believe there were any
grounds for appeal ; that the percentage of increase
over the 15-ft height is considered in relationship
to the curb; that the proposed dwelling and the Lane
house are about the same size - the Lane house having
a height of 23 ft; that the area was divided under
County approval , and accepted by the City as a result
of annexation; and that the property has a flat pad,
but is on a slope exceeding 10%, thereby meeting the
hillside standards.
02
Council Minutes
1-21-81 Page 9
a) Continued
City Manager suggested that the City Attorney review
the matter and give opinion whether it would be CONT'D
appropriate for the Council to hear the matter and (111 )
whether it should be set for the next meeting, or
if notices are required, whether it should be
set over for the following meeting. He stated
that in the absence of contrary direction, staff
will proceed accordingly.
No contrary action taken.
b) Joseph Amar, J & J Aviation, stated that he has
tried to obtain a permit to operate at the Airport,
but each time he thinks he is within reach of same,
the Commission imposes additional conditions ; that
he was hopeful of obtain a temporary permit until
the regulations are adopted by the Council ; that he
did not object to the proposed Chapter 3, but to
the additional conditions which he feels are beyond
any reasonable compliance, i .e. , fees which no else (51 )
is paying and a cash deposit in escrow; and that the
Commission has stated that the conditions are
inferred in the proposed Chapter 3, however, he
believes they are totally usury and preclude him
from operating and operating profitably.
City Manager stated that Mr. Amar was concerned
that some process be stated that would enable the
Commission to process his permit rather than
waiting until after the regulations had been
promulgated and approved by the Council ; that the
Commission consider the request and tentatively
approved the permit with conditions and directions
that final consideration be given at the next
Commission meeting, followed by recommendation
For final action by the Council ; that Mr. Amar's
concerns do not relate to the regulations, but
to the additional conditions, which would be the
terms of a contract with the Airport; and that the
Council should consider whether it wishes to become
involved in an item of discussion based on the
Commission 's action, or express Council feelings
which should be considered when the Commission
next meets.
Transportation Director stated that Chapter 3 will
address the establishment of recommended fees for
the grant of privilege contemplated for specialty
fixed base operations; and that staff concept is
that space rental is one issueand landing fees
another and such is a common concept in the airport
business.
City Manager stated that these type of conditions
are imposed on similar operations; that the flight
school which operated under the contractual obliga-
tion of Combs-Gates paid rent to Combs-Gates which
was not a part of the gross reported to the City'
that such arrangement was intentional when the
FBO agreement was entered into many years ago; that,
conversely, Mr. Amar would be required to pay '10%
of his gross to the City; and that he would suggest
Mr. Amar put in writing his specific concerns, which
can be addressed by the staff and Council before the
matter comes back to the Commission in two weeks.
Council Minutes
1 •-21-81 Page 10
b) J & J Aviation (Continued)
Councilman Rose stated that he was concerned about
fairness; that on the one hand, Combs-Gates is
contractually required to provide a flight school ,
rents from which are not reportable to the City,
and on the other hand, Mr. -Amar. is required to pay
to the City 10% of his gross, thereby placing him
somewhat in a position of not being able to compete; CONT'D
that Mr. Amar has his offices in the Jelinor Building, (51 )
which satisfies requirement to be located on Airport
property, but which is not a direct payment to the
City,, and except for walking through the gates, he
is not -being given a use of the facility different
from what anyone else enjoys; that he was, concerned
about what the City is entitled to, consistency with
what otherairoorts are doing, and forcing business
elsewhere fora service which seems beneficial and
which ,should be here. He stated that he questioned
whether it was an appropriate function of the City,
as landlord, to protect the community from unethical
businessmen, a role which is nice but perhaps not
Practical . He stated that perhaps the Council does
not need to change its policies, but simply to better
understand them.
Mayor suggested that by, the next study session, the
Staff devote time to spelling out what is being
proposed by the Commission and what the policies
are that now exist.
23. STAFF reports or requests - None
ADJOURNMENT
There being no further business at 9:30 p.m. , Mayor
declared the meeting adjourned.
NORMAN R. KING
City Clerk
�BY : JUDNTTKSUMICH
Deputy City Clerk