HomeMy WebLinkAbout2/4/1981 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
FEBRUARY 4, 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, February 4, 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 invoca-
tion by Councilwoman Ortner.
COMMUNITY REDEVELOPMENT AGENCY: No Business
APPROVAL OF MINUTES:
It was moved by Field, seconded by Beirich, and unani-
mously carried, that the minutes of January 21, 1981 be
approved.
PUBLIC HEARINGS:
1. P.D. 79 - JERRY EPSTEIN
Director of Community Development reviewed his report,
dated February 5, 1981, outlining Planning Commission
recommendation to approve planned development district
and certification of EIR as complete, for a 12-lot hill-
side development on 12.5 acres, located 500 feet east of
Bogert Trail, northerly of Andreas Hills. He stated
that this matter was reviewed in detail at the last study
session, and noted that the application has been in
process for four years, and that the final project is
a revision from an original proposal for 38 condominium
units to 12 single-family lots. He stated that each
home will be subject to review by the Planning Commission. (116)
He noted that the proposed resolution was amended to
include condition relative to horse trails.
Mayor declared the hearing open.
John Sanborn, Webb Engineering, representing the applicant,
spoke in favor of the project, stating that there was no
intention to carve-out building pads on the hillside; and
that the developer will only be providing street, tennis
court, and utilities for the sites, and anything else will
be up to the individual homeowner.
There being no further appearances, Mayor declared the
hearing closed.
In answer to question by Council, Director of Community
Development reported that this is the first and only
project recommended in the Palm Hills area to be served
by the Wastewater Treatment Plant.
Resolution 13676, approving planned development district
preliminary plot plan, and certifying EIR as complere, as
recommended, was presented; after which, it was moved by
Beirich, seconded by Rose, and unanimously carried, that
Resolution 13676 be adopted.
024 4 Council Minutes
2-4-81 Page 2
2. PUBLIC NUISANCE ABATEMENT - BLUM APPEAL
Consideration of appeal by Jules Blum from posting of
public nuisance for enclosure of patio cover at: 174
La Verne Way. (57)
Mayor reported receipt of letter requesting a continuance
due to change in legal counsel , and -inquired iF anyone
wished to be heard; there were no appearances.
It was moved by Field, seconded by Rose, and unanimously
carried, that the hearing be continued to February 18,
1981 .
3. WASTEWATER TREATMENT PLANT - TERMINATION OF FRASER CONTRACT
Recommendation: That the Council receive public testimony
and consider termination of contract with Kenneth Fraser
Company, Inc. , for expansion of the Wastewater Treatment
Plant.
(127)
Assistant City Attorney reported that over the course of
construction, numerous difficulties were experienced with
the contractor in terms of completing the job, i .e. ,
failure to pay workman and suppliers, disregard of Engineer's
direction to rectify certain work, and completion within
time of contract. He stated that stop notices totalled
$129,172.52; and that approximately $45,000 is needed to
complete the work at this stage. He noted that the
report of the Director of Community Development, dated
February 4, 1981 , and attachments thereto, are part of
the record of the proceedings.
Mayor inquired if anyone wished to be heard; there were
no appearances.
Minute Order 2892 was presented, entitled:
TERMINATING AGREEMENT NO. 1255 BETWEEN THE CITY
OF PALM SPRINGS AND KENNETH FRASER COMPANY, INC.
and Resolution 13677, entitled:
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE BUDGET FOR THE 1980-81
FISCAL YEAR.
It was moved by Rose, seconded by Beirich, and unanimously
carried, that Minute Order 2892 and Resolution 13677 be
adopted.
PUBLIC COMMENTS:
a) Allen Perrier, attorney representing Mr. Ellis, 225
S. Civic, stated that he has received conflicting
information from staff and the City Attorney whether (in)the Planning Commission may consider a general plan
amendment and zone change concurrently; and requested
that the Council , without further delay, ruder the
negative declaration and direct staff to process the
subjects concurrently.
Director of Community Development stated that there
is no specific prohibition in the law to do that,
however, the procedure has been to process the general
plan amendment first, and then the zone change applica-
tion, since a finding must be made that the zoning
amendment is in accordance with the adopted general
plan; and to do concurrently would mean that the
Council Minutes
2-4-81 Page 3
PUBLIC COMMENTS (Continued)
Planning Commission would be acting on a zoning amend-
ment before the general plan is acted on by the City
Council . He stated that the Tribal Council decision
was that the negative declaration should be filed,
and that is being accomplished, but did not relate
to processing of both items concurrently.
City Attorney stated that the process described by CONT'D
the Director of Community Development is that which (101 )
is normally followed, however, there is not legal
prohibition against considering both items concurrently,
except that the general plan amendment must take effect
before the zone change takes effect. He stated that
the process may not be the best procedure in all cases.
Mr. Perrier stated that the process would be less
appropriate if a number of general plan amendments
were being considered at the same time, however,
the Commission is only dealing with this one issue.
No action.
b) Fire Station #5:
Russ Gordon, El Dorado Country Club Manager, stated
that residents in the mobilehome park have had
problems in getting fast emergency aid response.
He spoke in support of the proposed fire station
location, and read letters to and from the Fire
Chief regarding joint response with the Cathedral
City Volunteer Fire Department and Fire Station #4. (117)
Rose Sando, 29 Club Circle Drive, also spoke in
support of the proposed location, stating that it
now takes 7-9 minutes for response from Fire Station
#4; that another location would entail additional
time in locating a new site, and additional taxpayer
dollars for acquisition. She stated her understanding
that there will be no loudspeakers outside of the
building, that sirens will not be used until the
vehicles reach Highway 111 , and that the design
will be conducive to the residential character of
the neighborhood.
Norman Lieberman, Monterey Park, attorney representing
the P.S. Estates, stated that the Council never acted
on an EIR or negative declaration dealing with the
construction of a station on the site; that he
understood that the specific plan for fire protection
had a negative declaration, although the plan had
recommendations relating to the specific site and
others, which did not relieve the Council from an
EIR for the specific project; that the specific
plan for fire protection was not a decision to build
a fire station; that the negative declaration did
riot consider recreation use of the proposed site,
other residential construction in the area since
1979, or other drainage problems which may have been
discovered since the last heavy rains in February,
1979; that it was his understanding that a conditional
use permit was required; that there is a recorded lot
line separating the proposed site from the O-zone, and
the Planning Commission ' s attempt to clarify the zoning
was an improper application of the zoning code, in that
there was nothing uncertain about the zoning and if a
mistake had been made, then action should be taken to
correct it through normal zone change processes ; that
Council Minutes
2-4-81 Page 4
PUBLIC COMMENTS (Continued)
the proposed site is contrary to the land use element
of the general plan, in that it does not show any
fire station site on Golf Club Drive; than the specific
plan for fire protection does not amend the land use
element of the general plan; and that it was his
opinion that a court would not preclude the City
from building a fire station, only that it stop
and follow prescribed steps leading to that end.
Sumnor Moore, President of the Homeowners Association CONT'D
of Sand Castles, stated that the lot is used for (117)
recreation purposes; that there is considerable
traffic on Bolero, generated by residents and
surrounding uses; and presented a petition signed
by residents in the area requesting that the site
be somewhere other than the golf course site at
Bolero.
Willie Lockman, 6068 E. Driver, member of Board of
Directors of Sand Castles, stated that the petition
was signed by mobilehome and condominium owners in
the area; that the City should proceed with the fire
station, but at a different location; and that fire
protection plan shows that the most protection could
be provided ,at the intersection of Golf Club Drive
and Highway 111 .
LEGISLATIVE ACTION:
4. FIRE STATION #5 - AWARD OF CONTRACT
Recommendation : That the Council award contract to W.A.
Foster, Inc. , for construction of Fire Station #5, in
amount ,of $289,719, and amend the budget to appropriate
additional funds in amount of $56,500.
City Manager reportedthat the decision to locate fire
station #5 at some time in the future was made in July,
1979, and it was only when the recommendation was made
to award the contract that certain questions were raised; (117)
that staff was directed by the Council at its last meeting
to recheck its findings ; and that same has been accomplished
and all have been found to be in order.
Director of Community Development reported that his
supplemental report, dated February 4, 1981 , was reviewed
in detail at the last study session, which indicated
responses to the questions raised at the last meeting;
that the Planning Commission acted within its authority
to classify the zone boundary between 0 and R-G-A-8,
and details of that were discussed with the City Attorney;
that CEQA guidelines were followed, in that an environmental
assessment should be done at the first point when a project
is considered, in this case, the fire protection element
of the general plan in 1979, at which time a negative
declaration was approved by the Planning Commission;
that other minor items relating to. parcel map and ingress
and egress are also addressed in the supplemental report;
and that staff supports recommendation to award the contract.
In answer to question by Council , Director of Community
Development stated that the process followed since the
early 1970s is that the environmental assessment is
made by the Planning Commission, and only certified by
the Council when an EIR is required; additionally all
reports on matters coming to the Council contain a state-
ment of the environmental assessment action taken by the Commission.
Council Minutes
2-4-81 Page 5
4. FIRE STATION #5 (Continued)
Councilwoman Ortner stated that the decision to locate
the fire station at the subject site was not done
inadvertently, but with much thought and consideration;
and that she appreciated the fact that people signed
the petition and the efforts of those opposed to the
location, however, she had no hesitancy in supporting
the recommendation.
Councilman Field concurred with Councilwoman Ortner 's
comment, adding that there is not disagreement on
either side that the station is needed, and that he
was satisfied time, planning and proper steps have CONT'D
been taken that it is a needed facility and should (117)
be set in place.
Mayor stated that much thought and consideration has ben
given to the subject, noting that PTI was hired in 1978
to aid in assessment program for possible location of
fire stations, based on certain criteria, including
response time, location of Bogie Bridge and possibility
of utilizing city-owned land and not having to acquire
more; that during the various stages of consideration,
the public was invited to offer input, but opposition
only surfaced within the last 45 days ; that he recognized
the petition signatures, but believes there is no
alternative but to proceed with the site selected;
that the Council has been assured that there has been
compliance with the appropriate laws, some of which he
recognized are subject to interpretation and questioning
as to procedures followed; and that he believes the
station will serve the community and will be an asset
to the neighborhood.
Minute Order 2893, awarding the contract, and Resolution
13678, amending the budget, as recommended, were presented
after which, it was moved by Field, seconded by Ortner,
and unanimously carried, Beirich abstaining, that Minute
Order 2893 and Resolution 13678 be adopted.
Councilman Beirich's abstention based on client relation-
ship with contractor.
5. CITY ENGINEER - CONTRACT AMENDMENT
Recommendation : That the Council approve new agreement
with Duca & McCoy, Consulting Civil Engineers, to expand
engineering services, and cancel Agreement #1504.
City Manager reported that approval of the new contract
relates to the second phase of a two-part recommends- (112)
tion relating to changes in the City's Engineering
Division; that it will substantially increase the number
of contract engineering hours over the next six months,
with the engineer being involved in the administrative
and policy areas, after which, the number of hours will
be scaled-down to 10-15 hours per week, which is still
more than now spending. He stated that the proposal will
not result in expenditures in excess of what is budgeted
this fiscal year.
Minute Order 2894, approving new agreement as recommended
and cancelling Agreement #1504, was presented; after which,
it was moved by Beirich, seconded by Ortner, and unani-
mously carried, that Minute Order 2894 be adopted.
Council Minutes
2-4-81 Page 6
6. SEWER SERVICE CHARGES - ADJUSTMENT
Recommendation: That the Council adjust sewer service
charges upward by 37.5%, from $4 to $5.50 per month for
residential units, and an equal percentage for all other
units ,. effective July 1 , 1981 .
City Manager reported that report of Director of Finance, (128)
detailing rationale and documentation as to why the
charges should be increased, was reviewed at the last
study session; and noted that the effective period of
the increase will be over a. three year period., or.11%
per year considering compounding effect.
Assistant City Manager stated that existing policy, is
that the sewer service charges should be sufficient
to cover treatment plant system and annual depreciation
costs ; that enterprise funds should be operated like a
private enterorise, without the profit motive, in that
people who are using the service should pay for it, e.g. ,
golf course, sewers , airport, and that there are other
service charges levied within other funds to recover,
cost of service, e.g. , building permits, which are
analyzed annually to assure recovery of costs,.
In answer to question by Council , Assistant City Manager
stated that there was no specifi-c effort to share informa-
tion with the Chamber of Commerce or hotel industry, since
the increase is across-the-board, and not subject to
negotiation.
Resolution 13679; amending the Comprehensive Fee Schedule
to increase charges as recommended, was presented; after
which, it was moved by Beirich, seconded by Rose, and
unanimously carried, that Resolution 13679 be adopted.
7. SALE OF TAX DEED LAND -- SECTION 34
Recommendation: That the Council declare a parcel of
City-owned .land, located south of Las Vegas Road, as
surplus and authorize calling for bids.
Director of Community Development reported that an (117)
adjacent property owner has expressed interest in buying
the parcel ; that an appraisal was made; and that the offer
to purchase was less than the appraisal .
In answer to question by Council , City Attorney stated
that it would be appropriate to amend the resolution to
add minimum bid acceptable, if the Council so desired.
Councilman Rose stated that ,he had no problem utlizing
the bidding process as a means of disposing of the property,
but was concerned that a change ,from an attempt to sell
on the basis of an appraisal to bidding process strongly
suggests by-passing normal means of selling; that the
appraisal may not have been appropriate in the first
place; that the property owner appeared to rely on
assurances by staff of procedures that would be followed;
that perhaps staff exceeded that which it could do in
making representations that the property would be sold
for less than that appraised, which he believed happened
because of loose language in the first stages of the
effort; and that he was not opposed to the recommendation
and would support it, but was uncomfortable with the way
in which it was handled.
Resolution 13680, declaring the property surplus and authorizing
call for bids, was presented; after which, it, was moved by Field,
seconded by Ortner, and unanimously carried that Resolution 13680 be
adopted, subject to adding mimimum acceptable bid of $5,400.
Council Minutes
2-4-81 Page 7
CONSENT AGENDA:
8. Resolution 13681 ordering vacation and abandonment of 15-ft
public service easement extending east of South Palm Canyon (145)
Drive, southerly of Bogert Trail .
9. Resolution 13682 determining amount of property tax revenue
split between the City and County for any new annexation to (54)
the City.
10. Resolution 13683 supporting passage of SB 33, relating to
vehicle inspection and maintenance. (98)
11 . Minute Order 2895 awarding purchase of an automatic trans-
mission to Trans-West Ford Truck Sales , Inc. , in amount of (84)
$10,842.92.
12. Minute Order 2896 authorizing City Manager to execute grant
agreement in amount of $48,900 for acquisition of property (109)
in the Tahquitz National Historic Site.
13. Minute Order 2897 awarding purchase of a 1-ton dump truck
to Simon Motors, Inc. , in amount of $9,716.36 (84)
14. Minute Order 2898 waiving formal bidding procedures for
emergency repairs to street maintenance vehicle, by Johnson (84)
Tractor Co. , in amount of $6,539.72.
15. Resolution 13684, 13685, and 13686 approving payroll warrants
and claims & demands. (86)
16. Resolution 13687 approving one-year time extension for
Tentative Parcel Map 12937 for property on North Palm (119)
Canyon Drive, between Vista Chino and Via Escuela
Hallmark/Sands Hotel .
17. Resolution 13688 approving second one-year time extension
for Tentative Tract Map 13792 for property adjacent to (137)
Cathedral Canyon Country Club - 113 acres for condominium
purposes - Webb/Falcon Lake Properties.
18. Resolution 13689 approving Tentative Tract Map 17110 for
property on Chaparral , between Vista Chino and Cottonwood, (137)
11 unit condominium project - Hacker/S. Havens.
19. Resolution 13690 approving one-year time extension for
Tentative Tract Map 12676, revised, for property on the (137)
NW corner of Racquet Club Road and Cardillo Road - Ervin/R.
Zappone - 14 units.
20. Resolution 13691 approving one-year time extension for
Tentative Tract Map 12848 for property south of Bogert Trail , (137)
on the east side of South Palm Canyon Drive, 63 single-
family lots - KWL/Stich Assoc.
It was moved by Beirich, seconded by Rose, and unanimously
carried, that Resolutions 13681 through 13691 and Minute
Orders 2895 through 2898, be adopted; Ortner abstaining
on Minute Order 2896.
Council Minutes
2-4-81 Page 8
REPORTS & REQUESTS:
21 . DEPARTMENTAL - Received & Ordered Filed
a) Treasurer's Monthly - November, 1980
22. CITY COUNCIL reports or requests
a) Councilman Rose noted that not all traffic signals
have been completed, and that'the anticipated 3-week
completion period should be nearing an end.
23. PUBLIC reports or requests - None
24. STAFF reports or requests
a) Received & Ordered Filed Proceedings and Accounting
Report for abatement of public nuisance at 2190 Roberto
Drive; hearing thereon to be set for February 18, 1981 ,
by City Clerk.
b) Report of Director of Community Development noted,
outlining need for Adjourned Regular Meeting 2-10-81
re: extension of time-share moratorium ordinance.
c) Residence at 1700 Hillview Cove - Howard Lane Appeal :
City Attorney reported that Planning Staff conclusion
that Mr. Lane did not have an appealable action was
directly in line with City codes; that he has met with
Mr. Lane's attorney, and has arrived at conclusion,
based on three courtcases, that the Council should
grant the request and hear the appeal ; and that if the
Council agrees to hear the appeal , the building permit
issued to the adjoining property owner should be
suspended, until the Council acts on the appeal , in
order to preclude that property owner from proceeding
with construction which might be to his detriment.
It-was the consensus of the Council that the request
be ,granted and the appeal heard on, February 18, 1981 ,
and that the building permit be suspended until action
is taken on the appeal . -
ADJOURNMENT
There being no further business at 8:45 p.m. , Mayor declared
the meeting adjourned.
NORMAN R. KING
City Clerk
BY : JUDITH SUMICH
Deputy City Clerk