HomeMy WebLinkAbout3/4/1981 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
MARCH 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 Wednes-
day, March 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
invocation by Councilman Beirich.
COMMUNITY REDEVELOPMENT AGENCY : Mayor declared the meeting
adjourned for the purpose of convening as the Community Redevelop-
ment Agency; after which, members reconvened as the City
Council .
APPROVAL OF MINUTES:
It was moved by Field, seconded by Beirich, and unani-
mously carried, that the minutes of February 10 &
18, 1981 be approved.
PUBLIC HEARINGS:
1 . P.D. 115 - H. HEERS/HARMONY HOMES
Mayor noted that since consideration of amendment
to the dual sewer system policy and Tentative Tract
Map 16864 have a direct bearing on the subject applica-
tion, that final action relative to the planned develop-
ment district would be delayed pending completion
of said matters (see Items 15/16) .
Recommendation: That the Council approve a planned
development district, including final development
plans , for 360 units on 60 acres located on Sunrise (116)
Way, between Francis Drive and San Rafael Drive.
Director of Community Development reported that the
area is designated on the General Plan for controlled
density residential , and the project will be subject
to the covenant control mechanism previously approved
by the Council ; that the units will range in size
from 600-900 sq. ft. , contain a single-car garage,
and zero lot line construction; and that the Planning
Commission recommended condition to require developer
to participate in a school impact-type fee, should
one be developed between the School District and cities
within the district.
In answer to question by Council , Director of Com-
munity Development reported that relative to proposed
conditions #2 and 10, it is not the intent to require
both the 10-year storm water retention on site and
the implementation of the master plan of flood control
and drainage, but to take both into consideration
in the overall need for the project.
Mayor declared the hearing open.
Council Minutes
3-4-81 Page 2
1 . P.D. 115 (Continued)
Harold Heers, applicant, stated that some requirements
were imposed late in the process , i .e. , flood control
requirements; that he was told to devise grading plan
to have basin to hold the 10-year storm; that his
engineers are looking at plans which possibly will
result in diverting water to the extent that storm
drainage would not be required on San Rafael ; and that
they have tried to develop affordable housing, yet pro-
vide some of the amenities of more expensive units,
e.g. , tennis court, open space, aesthetically pleasing,
and unit privacy.
Bob Mainiero, 2225 E. Tahquitz-McCallum, representing
Desert Dorado Development to the south, stated) that
storm drains should be done in total and the cost
spread on an area wide basis; and that the burden
of such improvements will not make affordable housing
possible.
CONT 'D
Dave Hacker, engineer for applicant, 714 Eugene Road, (116)
stated that a piece-meal approach results in lack
of coordination, "Jerry-rigged" system that will not
work; and expense to the developer and people who
buy the units.
There being no further appearances, the hearing was
closed.
After action was taken on the following itemsl5 and 16
Resolution 13705 was presented, entitled:
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT
115, CASE 5.0141 , INCLUDING FINAL DEVELOPMENT PLANS
FOR J. HACKER AND ASSOCIATES REPRESENTING H. HEERS/
HARMONY HOMES FOR AN AFFORDABLE CONDOMINIUM PROJECT
LOCATED ON SUNRISE WAY BETWEEN FRANCIS DRIVE: AND
SAN RAFAEL DRIVE.
It was moved by Beirich, seconded by Rose, and carried
by the following vote, that Resolution 13705 be adopted:
AYES : Beirich, Field, Rose & Doyle
NO: Ortner
ABSENT: None
2. GENERAL PLAN AMENDMENT - MASTER PLAN OF SEWERS
Recommendation : That the Council amend the General
Plan Master Plan of Sewers, to increase sewer line
capacity for an area in the central northern portion (101 )
of the City.
Director of Community Development noted that this
matter was discussed in detail at the last study session;
and that the change will add an 8" and 12" line in
San Rafael , between Indian and Sunrise, and increase line
in Sunrise Way to 15", from San Rafael to Vista Chino.
Mayor declared the hearing open; there being no appear-
ances, the hearing was closed.
uF;r, E�
Council Minutes
3-4-81 Page 3
2. GENERAL PLAN SEWERS (Continued)
Resolution 13701 , amending the General Plan, as recom-
mended, was presented; after which, it was moved by CONT'D
Field, seconded by Beirich, and unanimously carried, (116)
that Resolution 13701 be adopted.
3. VARIANCE CASE 6.310 - S. BARTON APPEAL
Recommendation : Consideration of appeal by David Christian,
representing Dr. Stuart Barton, from Planning Commission
denial of application for a variance from height limits
for single-family residence at 444 Chino Drive.
Director of Community Development reported that letter
from applicant's architect outlines reasons for the
appeal ; that plans indicate that the addition would
match the height of the existing two-story structure
portion of the dwelling and would be compatible wii:h
the existing structure; that staff and the Planning
Commision were sympathetic to the appeal , however,
the findings required under State law for granting
a variance could not be made by the Commission, as
outlined in his report of March 4, 1981 ; and that
the height limit in a single-family zone on flat
ground is 15 feet.
Mayor declared the hearing open.
David Christian, architect for appellant, 15 Palomino,
stated that there are a number of two-story dwellings
in the Las Palmas area which were constructed a number
of years ago, some of which have been added to in
an attractive manner, usually of a very minor nature
and usually not detectable upon completion; that the
proposal is perhaps not in the strictest application (146)
of the Zoning Ordinance, however, it was felt to be
a logical approach and not inappropriate or unusual ;
that it will not be detrimental to anyone else; that
there were no objections from the neighbors; that
the area is proposed as a nursery; that there is no
where else to accomplish the addition; and that not'-.-
withstanding the subject application, perhaps the
entire subject of a 15-feet height limitation should
be addressed by the staff, Commission and others.
In answer to questions by Council , Mr. Christian si-ated
that the house could not be built under current ordi-
nance provisions; that there is no problem with the
legality of the building as it is; that the roofline
would tie together; that the existing roof is mission
tile; that recent improvements to the house will per-
mit matching of materials; and that he is aware of
additions which have been made to other two-story
structures in the area, which are subtle and unnoticeable
from the outside.
In answer to question by Council , Director of Community
Development stated that if something has been done
illegally, it was without the knowledge of staff and
without the knowledge of staff if it has remained.
There being no further appearances, the hearing was
closed.
05
Council Minutes
3-4-81 Page 4
3. VARIANCE CASE 6.310 (Continued)
Councilwoman Ortner stated that she recognized) simi-
lar situations have occurredand nothing was done or
anyone cited, however, it would not be proper to
grant a variance with the finding of a hardship;
that such findings have not been made; that she
agreed the improvement would not be very visible;
and that she could not support upholding the appeal
with the necessary findings for the variance.
Councilman Rose stated that the house exceeds the
15-ft height limit and was built according to code
at the time; that the proposed addition within that
height and is not something desired to be added to
a one-story structure; that.the 15-ft limit does not
make sense in this instance; that there has been no
objection raised by the neighbors; and that perhaps
it is stretching the legal requirements , but it is
a very small portion of the house and he could not
see any reason to refuse it. CONT'D
(146)
Councilman Field stated that he agreed that the proper
findings needed to be made; that he was hopeful the
applicant could find a way, within proper parameters ,
to create the need which he sees ; and that he did
not think that was possible through current procedures.
In answer to questions by Council , Director of Com-
munity Development stated that he did not think there
was any ability to make the findings, based on fact
that others have requested similar considerations ,
the applicant is not denied rights enjoyed by other
like property and is not a hardship situation„ and
approval would grant a special privilege inconsistent
with other like properties ; that the Planning Commission
believes that if a variance is granted, it should
be granted each time it comes up; that if a number
of variances are, granted for the same thing, then
the code provisions should be looked at for appropriate-
ness; that there have been several instances like
this and in each instance the applicant is advised
that there are no grounds for a variance, however,
he could apply; that approval would be an expansion
of a non-conforming use; that perhaps rather than
granting variances, consideration should be given
to allowing additions to existing two-story houses;
and that the Planning Commission did not discuss or
consider looking at a possible code change.
Motion by Rose to overrule the Planning Commission
and allow the addition and find that there are
sufficient reasons to do so, failed for lack of a
second.
As a result of discussion concerning referring
request to Planning Commission for possible code
change, City Attorney stated that such a course of
action would eventually deal with the problem if it
were accomplished, however, it did not resolve the
issue of granting or denying the appeal , and separate
action would be required; Councilman Rose noted that
it would not address the appeal , but, if acted on,
would eventually resolve it; and Councilwoman Ortner
stated that the appeal should first be denied, and
then the direction given for reviewing the code.
,
Council Minutes
3-4-81 Page 5
3. VARIANCE CASE 6.310 (Continued)
It was moved by Rose, seconded by Beirich, and carried
by the following vote, that the Planning Commission
and staff be requested to look at the possibility
of modifying the ordinance to allow existing two-
story dwellings to be added to when such will not
significantly change the profile of the dwelling:
AYES: Beirich, Rose & Doyle
NOES: Field & Ortner CONT'D
ABSENT: None (146)
It was moved by Beirich, seconded by Ortner, and carried
by the following vote, that the Planning Commission
denial be upheld and that the appeal be denied:
AYES: Beirich, Field, Ortner & Doyle
NO: Rose
ABSENT: None
4. PUBLIC NUISANCE ABATEMENTS - SPECIAL ASSESSMENT LIENS
Recommendation : That the Council approve Proceedings
and Accounting Report filed February 18, 1981 , exclusive
of that for Parcel 669-381-002 for which abatement
costs have been paid, and impose special assessment
lien inthe .amount of $260 per parcel for five vacant
lots at various locations throughout the City.
(57)
Mayor declared the hearing open; there being no appear-
ances, the hearing was closed.
Resolution 13702, confirming report and imposing
liens as recommended, was presented; after which,
it was moved by Rose, seconded by Beirich, and unan-
mously carried, that Resolution 13702 be adopted.
PUBLIC COMMENTS:
a) Robert Taylor, attorney representing Howard
Lane (See Item 5 ,) stated his opinion of staff
approach in the instance of Mr. Morreale vs.
that of Dr. Barton (Item 3 above) as being
inconsistent and not explained away by one
being hillside and the other flat land; that (111 )
no special circumstances were said to exist
for Dr. Barton and none exist for Mr. Morreale
to go beyond five additional feet as support
to allow a 15 ft. allowable size house; that
credence is given to establishing a precedent
in the instance of Dr. Barton, but is not
recognized as such in the case of Mr. Morreale;
and comment reflected in the Planning Commission
minutes relating to Dr. Barton 's case indicates
comment by Planning Director with respect to
additional height requiring greater setbacks,
and a 30-ft maximum height with only a 10-ft
setback is in violation of the Zoning Ordinance
alluded to therein by the Director.
Council Minutes
3-4-81 Page 6
PUBLIC COMMENTS (Continued)
b) Stanley Huffaker, applicant re Tract 12465, stated
that he recognized the problems with the sewer
plant capacity and fact that dual sewers would
not be required when the expansion is completed;
that the Tentative Map expired February 20 and
although he was able to obtain financing on
February 5, was not able to complete necessary (137)
process for the final map by that time; necessary
guarantees re subdivision improvements have been
obtained and documents are in the City Engineer's
Office; that only a 30-60 extension of the tenta-
tive map is needed and the final map will be ready
for recording within two weeks after agreement
has been approved by staff; and that he would
be willing to accept only that period of (,xtension,
if the dual sewer system could be waived.
c) David Hacker, engineer relative to Tract 12465,
stated that if the soils tests support the use
of dual sewers, it will take an additional three
months for securing all approvals. He also stated
that relative to Tract 16864, the obvious solution (137)
for handling floodwaters would be to divert the
water to flow into the Whitewater River, rather
than carrying it to Vista Chino, to then
eventually be deposited in the river; and that
imposition of any fees should be at the time of
occupancy, rather than in connection with the
building permit which will have a direct effect
on financing the development.
LEGISLATIVE ACTION :
5. 1700 HILLVIEW COVE - TWO STORY RESIDENCE & ADM. MINOR
MODIFICATION APPEAL BY HOWARD LANE
Director of Community Development reported that the
Council continued consideration of above referenced
appeal from its last meeting, in order to permit
field trips by the Councilmembers. (111 )
Councilman Rose noted that individual members have
viewed the site and stated that the appellant house
appears to be below grade of the Morreale house being
constructed, and he would assume that it had to have
been realized that any house built on the site would
result in some loss of view; that he was not fully
pleased with the manner of the proceedings, i .e. , informal
notice to the wife of the appellant, and that notice
procedure should be reviewed since there are reasons
why a person would wish to know that such type modifica-
tion was being made and sufficient notice should be
given; that the Administrative Minor Modification
section of the Zoning Ordinance clearly prescribes
the Director's authority and he followed that
which is in print; that he thought the point was
stretched to say that the proposal is minor, however,
since the Code permits same there was not reason for
not using it as it states; that he believes notice
requirements have been met as result of this appeal ,
although not in the original instance; and that based
on the referred to section of the Zoning Ordinance, the
Director had the authority to do that which he did,
and based on that action, the appeal should be denied
and the Morreale building permit reinstated.
c_
Council Minutes
3-4-81 Page 7
5. LANE APPEAL (Continued)
In answer to question by Council , Director of Com-
munity Development stated that the Barton case
and the subject case are not comparable, in that
the Barton property is on flat ground and does
not qualify as a hillside parcel , i .e. , property
exceeding a 10% over grade; and that all properties
in the Andreas Hills area meet that excessive slope.
Mayor stated that after seeing the view, there probably CONT 'D
is some issue of detrimental affect, however, fact (111 )
that Lane house is oriented to the west, it has view
potentials from that angle; that he believes the
procedures followed by staff were appropriate; and
that he believes there should be some review as
to "minor" in terms of exceeding 15-ft heights of
the structures.
It was moved by Beirich, seconded by Ortner, and unani-
mously carried, that the appeal be denied, and that
the Morreale building permit be reinstated.
6. WASTEWATER TREATMENT PLANT - NONPROFIT CORPORATION
Finance Director reviewed his report, dated March
4, 1981 , and recommended authorizing the creation
of a nonprofit corporation, to be known as the City
of Palm Springs Public Facilities Corporation, for
the purpose of providing for the expansion of the (127)
Wastewater Treatment Plant.
Councilman Rose stated that there should be an
opportunity for the public to give input with
regard to the method of financing, in particular.
City Manager stated that public input can be pro-
vided at whatever point is deemed appropriate.
Assistant City Manager stated that the next step
is the appointment of the Board of Directors , hope Fully,
at the next meeting; and shortly thereafter the con-
sideration of an ordinance approving lease agreement,
at which point a public hearing could be held.
Resolution 13706, approving the formation of the
nonprofit corporation, was presented; after which,
it was moved by Beirich, seconded by Field, and unani-
mously carried, that Resolution 13706 be adopted.
7. WASTEWATER TREATMENT PLANT - NONPROFIT CORPORATION LEGAL
COUNSEL
Recommendation : That the Council approve agreement
with Stradling, Yocca, Carlson & Rauth to provide
legal services in connection with formation of nonprofit (127)
corporation and issuance of bonds ; and terminate original
agreement with said firm.
In answer to question by Council , City Manager stated
that the firm has provided services for several years ;
that in securing professional services, reputation
and area of expertise are taken into consideration;
and that an RFP was not solicited in this instance.
Minute Order 2908, approving agreement and terminating
prior agreement, was presented; after which, it was
moved by Rose, seconded by Beirich, and unanimously
carried, that Minute Order 2908 be adopted.
Council Minutes
3-4-81 Page 8
8. CVAG - MASTER ENVIRONMENTAL ASSESSMENT CONTRACT
Housing Administrator reviewed his report, dated March
4, 1981 , and recommended approving concept of CVAG
contracting with a private corporation to provide
environmental assessments for proposed developments•, (123)
approving advancing funds to CVAG to initiate such
service; and authorizing CVAG to negotiate the specifics
of such contract to provide this service.
Minute Order 2909, approving actions recommended,
was presented; after which, it was moved by Beirich,
seconded by Ortner, and unanimously carried, that
Minute Order 2909 be, adopted.
9. INDIAN AVENUE DIKE & OVERCROSSING - BUDGET AMENDMENT
Recommendation: That Council appropriate $95„350
for Indian Avenue overcrossing of the Whitewat:er River
Dike.
Director of Community Development stated that the (61 &
project has been under discussion with the CVCWD for 136)
sometime and a verbal agreement was given, by the former
City Manager that once the district completed the
dike work in that area, the City would repave Indian
Avenue.
Resolution 13707, amending the budget as recommended,
was presented; after which, it was moved by Field,
seconded by Rose, and unanimously carried, that Resolu-
tion 13707 be adopted.
'10. MUNICIPAL CODE & COMPREHENSIVE FEE SCHEDULE AMENDMENTS -
PUBLIC NUISANCE ABATEMENT PROCEDURES & RELATED ADM. COSTS
Director of Community Development reported that the
Municipal Code amendments relate to two procedural
items in connection with physically abating the
nuisance once it has been ordered by the Council , (103 &
and to enabling imposition of administrative costs 114)
for staff time involved in the abatement process.
He noted that the fee schedule amendment accomplishes
the manner in which administrative charges will be
calculated.
City Manager read title of Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING PORTION OF CHAPTER
11 .72 OF THE PALM SPRINGS MUNICIPAL CODE
RELATING TO PUBLIC NUISANCES.
Resolution 13708, amending the fee schedule, was
also presented; after which, it was moved by Rose,
seconded by Beirich, and unanimously carried, that
further reading be waived, the Ordinance introduced
for first reading, and that Resolution 13708 be adopted.
Council Minutes
3-4-81 Page 9
11 . TAHQUITZ HISTORIC SITE - LAND ACQUISITION (OLINGER PARCEL)
Recommendation: That the Council authorize proceeding
with acquisition of the Olinger Parcel in Section (109)
22, in amount of $30,000, subject to execution of
grant contract with the State.
Councilmember Ortner abstained from discussion and
voting.
Resolution 13709, approving acquisition as recommended,
was presented; after which, it was moved by Beirich,
seconded by Field, and unanimously carried, Ortner
abstaining, that Resolution 13709 be adopted.
12. ZONING & MUNICIPAL CODE CHANGES (Ordinances introduced
2-18-81 )
City Manager read titles of Ordinances, 1133 and 1134,
as follows :
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THAT PORTION OF THE (103)
ZONING ORDINANCE RELATING TO NONCONFORMING
BUILDINGS, LOTS AND USES.
and
AN ORDINANCE OF THE CITY OF PALM SPRINGS, (60)
CALIFORNIA, RE-ESTABLISHING THE ENERGY COM-
MISSION, AND AMENDING ITS DUTIES.
It was moved by Beirich, seconded by Rose, and unani-
mously carried, that further reading be waived, and
that Ordinances 1133 and 1134 be adopted.
13. COMMUNITY CHILD CARE CENTER - CONSTRUCTION
Recommendation: That the Council award contract to
Robert Jacobs Company, Inc. , in amount of $296,465,
for construction of a community child care center
at Cielo Vista School . Inspection services contract
to be deferred until next meeting.
Director of Community Services that the construction (85)
cost is under budget, which will enable the facility
to be adequately furnished; that construction should
be completed in 30-90 days , open in September, and
starting with 50 children, with a potential expansion
up to 100; and that the School District will maintain
and operate the facility. (Awarded by MO 2910, Motion Field, seconded Rose,
unanimous, Beirich abstained.
14. GASOLINE RATE SIGNS
RE: Community Services Commission recommendation (103)
that the Council repeal Ordinance 1122, which prohibited
the posting of gasoline rate signs along scenic corridors.
(Note: Mayor reported at the outset of the meeting
that this matter would, in all probability, be continued
to the next meeting)
In response to comment by Councilman Rose, Mayor stated
that a letter was sent to Mr. Annenberg's attorney,
by the City Attorney, that he was preparing a memorandum
for the benefit of the City Council ; that Mr. Annenberg
and his attorney will be advised of the opportunity
to address the Council during the Public Comments
Council Minutes
3-4-81 Page 10
14. GASOLINE RATE SIGNS (Continued)
Portion of the meeting.
City Attorney stated that his memorandum will be directed
to the City Council , and not listed on the agenda, CONT'D
and if the Council desires to discuss it, it will (103)
be up to the Council to determine if it wishes to
disclose its content. He stated that the circumstances
concerning Mr. Annenberg and the recommendation of
the Community Services Commission are separate, but
related in subject matter.
Councilwoman Ortner stated that she disliked having
this matter come back to the Council after it has
made a decision, without a reflecting on those who would
wish for it to do sgD,that she felt it was a bad
reflection on the Council and Planning Commission,
and could have been resolved had there been a joint
study session between the Council and the two commissions.
Councilman Rose stated that the commission view the
subject from different perspectives, i .e. , one addressing
the sign ordinance and the other looking at consumer
protection, and the Council 's role is to take different
opinions and arrive at a decision; and that he was
pleased the matter was before the Council again, and
was hopeful it would change its decision and allow
the signs.
It was moved by Beirich, seconded by Field, and unani-
mously carried, that this matter be continued to
March 18, 1981 .
15. EXCEPTIONS TO DUAL SEWER EXEMPTION POLICY STATEMENT -
LOW & MODERATE INCOME HOUSING
Director of Community Development reported recommenda-
tion to amend Section f. of Resolution 13460, to
read, as follows :
"Federal , State, or locally subsidized low and/or
moderate income residential project so long as
the City has determined that a need for such types
of subsidized housing exists and so long as the
City Council specifically allows for sewer hookup (114 &
on a case by case basis. " 128)
City Manager stated that the intent in proposing the
amendment is to recognize that the City is in a state
of flux both in terms of project completion of the
new expansion of the treatment plant, as well as the
number of units committed to be allowed to connect;
that as approved units are connected, capacity will
be pushed beyond that experience has indicated is
possible and beyond theoretical capacity; that staff
proposes occasional review of the status of the capacity
in the next 12-18 months and whether there is room
for additional units when dealing with subsidized
housing, to the extent that some of the units approved
for connection are not hooked-up, therefore, bumping
those which are not approved, but ready to go; and
that, with respect to subsidized housing, project
eligibility should be those first in line ready to
go to be first considered for hookup.
Council Minutes
3-4-81 Page 11
15. EXCEPTIONS TO DUAL SEWER EXEMPTION POLICY STATEMENT (Continued)
In answer to question by Council , City Manager that
the possibility of such a policy change was discussed
late last summer with the Planning Commission and
it was requested to advise the applicant of the next
density bonus project which came before it of the
possibility of this change; that such was accomplished
with respect to P.D. 115, and the condition for dual
sewers was applied in the event the Council desired CONT'D
to change its policy; that at the time of the original (114 &
policy in 1979, density bonus was only a concept and 128)
it was not anticipated that 1300 units would be applied
for under that concept; and that if all such units were
built, that would go a long way in beginning to meet
the low and moderate income housing problems.
Councilman Rose stated that he was not pleased in
having to consider the recommendation, but felt the
City could not not handle a cease and desist situation.
Councilman Field stated that he did not think the
recommendation was a veering from past policy; and
he could accept the "specifically allows" and ability
to review as situations arise.
Councilman Beirich stated that if the developer cannot
be told that he cannot hookup to the treatment plant
and his only alternative is the dual system, the financing
package will be complicated, and will be further complicated
if he arrives at point of not knowing which way he
can go. He cautioned that the process be thought
out clearly and that people are not put in a bind
of not being able to operate.
City Manager stated that staff can come back with
a status report on the capacity issue on May 1 .
Resolution 13703 was presented, amending Resolution
13460, as recommended; after which, it was moved by
Rose, seconded by Beirich, and unanimously carried,
that Resolution 13703 be adopted.
16. TENTATIVE TRACT MAP 16864 - H. HEERS/HARMONY HOMES
Recommendation: That the Council approve Tentative
Tract Map 16864 for property on Sunrise Way, between
Francis Drive and San Rafael , 360 units (P.D. 115) .
Director of Community Development stated that the (137)
major concern relates to the implementation of the
master plan of drainage; that the City Engineer,
in his memorandum to the Council , dated February 26,
1981 , has clarified the concerns raised by civil
engineers Mainiero and Hacker about a piece meal
approach, in that, although the obligation is specific,
the intent is to be open to solutions adequate to
solve the problem; that the ability to impose the
obligation against large projects is necessary in
order to preclude approving a project, increasing
the drainage problem, and no way of going back and
adding the condition; that the engineer is willing
to look at alternate solutions; that retention of
the 10-year storm runoff will be taken into account,
to the extent that if provided on site, it will reduce
the amount of water to be handled off-site.
Council Minutes
3--4-81 Page 12
16. TENTATIVE TRACT MAP 16864 (Continued)
City Manager stated that the first project selected
is the most difficult; that the City Engineer mnade CONT'D
his recommendation on the basis of unfunded liability
and the need for initial action; that staff intends (137)
to come back to the Council with alternatives regarding
overall drainage policy which may include a drainage
fee; and that if the Council determined there would
not be any overall policy, in terms of drainage in
developments throughout the City, then the particu-
lar requirement would be deleted from the subject
project.
In answer to question by Council , City Attorney stated
that a copy of the City Engineer's memorandum could
be given to the developer, however, he did not recom-
mend it be referenced in proposed condition #10.
In answer to questions by Council , David Hacker stated
that the 10-year storm water retention will be through
use of dry wells„ which will be costly, but not as
costly as storm drains; that he did not see a bond
issue or the generation of a large sum of money to
do the project as being available in the foreseeable
future; and that implementation of the master plan
is a city-wide benefit.
Director of Community Development stated that the
staff has assurance that the plan would not be done
on a piece meal basis; and that imposing the condition
is the only way in which to obligate the project.
City Manager stated that the intent of staff -is to
provide more flexibility when the Council deals with
the overall policy issue; that there would not be
any recommendation for a piecemeal approach without
some overall plan to finance over a reasonable period
of time for completion; that the possibility of a
large-cost mechanism should not categorically be written
off, and such is not the only alternative; that if
the Council determines that a drainage fee is appropriate,
staff would not recommend piece meal approach, but
would come back with recommendation to change the
condition to allow paying drainage fee; that if the
improvements were to be -installed, any possibility
of reimbursement would depend upon the funding determined
appropriate by the Council ; and that discussion relating
to diversion to the Whitewater River will come in
the way of additional information when considering
policy issues.
Councilwoman Ortner stated that she was satislFied
with conditions #2 & 10, however, since she did not
favor condition #5 (covenant control mechanism,) she
would not vote in favor of the project.
Councilman Rose stated that he was somewhat uncomfortable
with the conflict of some of the conditions, but did
not see any better solutions to the problem; and that
he recognized the attempt to have affordable housing
and the impact these type of improvements will have
on providing that type housing, however, the City
must be able to continue to function and the dollars
involved in that type of growth must be faced.
r
Council Minutes
3-4-81 Page 13
16. TENTATIVE TRACT MAP 16864 (Continued)
Councilman Beirich stated that he was hopeful that
it would only be period of 2-3 weeks before the Council
will deal with the policy issues, and that the inter-
relationships between these type improvements as they
relate to projects is made clear.
Mayor stated that the developer should be kept up- CONT'D
to-date as to whether the exemption can be granted. (137)
Resolution 13704 was presented, approving the tenta-
tive tract map as recommended; after which, it was
moved by Rose, seconded by Field, and carried by the
following vote, that Resolution 13704 be adopted:
AYES: Beirich, Field, Rose & Doyle
NO: Ortner
ABSENT: None
CONSENT AGENDA:
17. Resolution 13710 amending the budget to appropriate
$82,000 for unanticipated increased equipment mainte-
nance shop operating costs and repair parts and contract (61 )
services for major overhauls.
18. Minute Order 2911 and Resolution 13711 approving new
agreement with the County relative to health services (123 &
and amending Comprehensive Fee Schedule to increase 114)
restaurant grade posting fees to $29.
19. Minute Order 2912 ordering Building & Safety Director
to immediately abate abandoned and fire damaged hotel (57)
public nuisance at 2080 N. Palm Canyon Drive.
20. Minute Order 2913 authorizing purchase of chip seal
aggregate from Heckett Slag Products in amount of $5.25 (136)
per ton, plus tax and freight.
21 . Minute Order 2914 awarding purchase of emulsion in con-
nection with chip seal program to Koch Asphalt Co. , in (136)
amount of $193.92 per ton.
22. Resolution 13712 amending the budget to appropriate $1 ,950
to cover cost of locks and hardware required to improve (61 &
City Hall security. 117)
23. Minute Order 2915 awarding contract to Matich Corporation
for construction of turn-outs and overlay on Rim Road, (136)
in amount of $30,611 .50.
24. Resolution 13713 approving Final Parcel Map 16349 to
combine property on the SW corner of Radio and Anza Roads, (119)
warehouse/storage facility - Hallmark/M.Sirelson.
25. Resolution 13714 approving one-year time extension for
Tentative Tract Map 15687 for property on Ramon Road, (137)
between Calle E1 Segundo and Calle Encilia, 110 units,
Hacker/M. Badalian.
26. Resolution 13715 declaring intent to vacate portion of
Birdie Way, between Waverly and Palm Canyon, and set (145)
hearing thereon for April 1 , 1981 .
a ,.
Council Minutes
3--4-81 Page 14
27. Resolution 13716 declaring intent to vacate portion of (145)
Jacaranda Road, for portion extending beyond cul-de-
sac, southwesterly of Araby Drive, and set hearing thereon
for April 1 , 1981 .
28. Resolution 13717 approving supplements :3, 4 and 5 to
agreement with CalTrans for maintenance of capital improve- (136)
ments on City streets constructed with Federal Aid funds .
29. Resolution 13718 authorizing transfer of $20,165.40 (86)
from Senior Center Fund to General Fund, and elimination
of said Senior Center Fund.
30. Resolution 13719 approving lease agreements for 211 and (117)
215 S. Palm Canyon, Village Green, with Holicheck/Jackson
and VonMerfeldt.
31 . Resolution 13720, 13721 and 13722 approving Payroll Warrants (86)
and Claims and Demands.
It was moved by Beirich, seconded by Field, and unanimously
carried, that Resolutions 13710 through 13722 and Minute
Orders 2911 through 2915 be adopted.
32. COMMUNITY SERVICE AWARD PROGRAM
Recommendation : Community Services Commission recommends
establishing a Community Service Award Program.
Councilman Field stated that he respected the Commission
and its recommendation and did not object to the $300
annual cost, however, he was opposed to singling out (114)
one person from the many citizens in the community
who give so much service to the community.
Councilwoman Ortner stated that she felt a letter
of appreciation was just as appropriate and objected
to the expenditure of funds to accomplish something
which could be achieved for less expense.
Councilman Rose stated that, whether it is rational
or logical , recipients of plaques greatly value such
awards; that perhaps the $300 buys more than is
necessary; and that he could see no reason not; to
agree with the Commission in approving a reasonable
and minor request.
Councilman Beirich stated that the Commission oversees
programs involving the highest volume of volunteers;
that additional "belt-tightening" will come along
in the future and it will be important to recognize
the work of volunteers ; that because of the diversity
of the programs, it may be difficult to designate
one individual ; and that he recognized the prestige
of a being a single recipient, however, he felt that
there should be more than one award presented.
Mayor stated that he supports the intent of the pro-
gram, but perhaps the matter should be referred back
to the Commission to reconsider the comments made
by Council .
Following discussion, it was moved by Field, seconded
by Doyle, and unanimously carried, that this matter
be returned to the Community Services Commission for
reconsideration.
Council Minutes
3-4-81 Page 15
33. TRACT 12465 - TENTATIVE MAP
Recommendation : That the Council approve one-year
time extensionfor Tentative Tract Map 12465 for property
on South Palm Canyon Drive, between Camino Encanto
and Canyon Vista, 31 units, Hacker/Duplanty, Huffaker
& Assoc. - 31 units.
Director of Community Development reported that his
supplemental report of March 4, 1981 , addresses cone
cerns by developer relative to requirement to install
dual sewer system; that he could not recommend exten-
sion of the map without invoking the new conditions
recommended by the Planning Commission, i .e. , dual
sewer system and underground of utilities; that both
items relate to regulations imposed since the tenta-
tive map was originally approved; and that he could
not find sufficient grounds to waive them. (137)
Councilman Rose stated that the dual sewer system
requirement was lifted for a recently approved project
on Sunrise Way at Mesquite, after finding was made
that the developer was burdened by problems caused
by another ,governmental agency and was unable to move
forward; and that the subject case does not fit into
that circumstance in anyway and the previous policy
should stand, i .e. , if the extension is granted, the
dual sewer system will be required.
In answer to questions by Council , Director of Com-
munity Development reported that the Commission has
recommended a one-year extension; that the extension
is needed in order to allow preparations to complete
the final map for recording; that active tentative
map is required in order to record a final map; that
the developer was unable to justify that the site
has poor percolation, and if he could provide specific
information to support that, the requirement could
be reconsidered; that the underground utility ordi-
nance became effective within the last 30 days ; and
that if only a portion of the overhead utility is
on his property, it would not make sense to under-
ground only one pole, in which case, the developer
would be required to execute a covenant for future
participation in an assessment district for under-
grounding the utilities.
Resolution 13723, approving the map extension as
recommended, was presented; after which, it was moved
by Rose, seconded by Beirich, and unanimously carried,
that Resolution 13723 be adopted.
34. 1980 PARK BONDS - DISTRIBUTION FORMULA
City Manager reported that this issue has been the
subject of considerable negotiation; that the City`s
position was previously expressed (65-35% split) and (98)
was more equitable; that unless a majority of the
cities and districts in the county, which also must
represent a majority of the population in the county,
reach an agreement by next week, all face the inability
to obtain funds for another full year; that he believes
it would be in the best interest of the public to
agree with the County split (60-40%) at least for
this year, however, it should be recognized as compro-
mise for the purpose of facilitating an agreement
within the next few days.
Council Minutes
3-4-81 Page 16
34. 1980 PARK BONDS (Continued)
Director of Community Services reported that the City CONT'D
of Coachella, at its Council meeting of March 3, (98)
agreed to the 60-40% split, which gives the majority
needed.
It was moved by Beirich, seconded by Field, and unani-
mously carried, that the 65-35% split, as recommended
by the City Manager, relative to 1980 Park Bonds be
approved.
35. PERSONNEL BOARD APPOINT6MENT
In light of fact that Nita Ashcraft did not meet the
residency requirement for consideration of appoint-
ment to a City Board, it was moved by Beirich„ seconded (60)
by Doyle, and unanimously carried, that the appointment
of Nita Ashcraft to the Personnel Board, made February
18, 1981 , be rescinded, and that Harry Bowytz be appointed
to said Board to fill the unexpired term of Sidney
Gordon, ending June 30, 1983. Appointment of Mr.
Bowytz having been made at the March 3 study session.
REPORTS & REQUESTS:
36. DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Treasurer's Monthly - December, 1980
b) CVB - 2nd Quarter, 1980-81 ,
37. CITY COUNCIL reports or requests
a) In answer to question by Councilwoman Ortner,
Director of Community Services reported that the
Community Services Commission will be considering
recomendation for ground cover for Baristo Park,
in the 1981-82 budget.
b) City Manager gave status report relative to the
signal projects, noting problems encountered with
controller at Ramon/Sunrise, fact that 7 of the
11 are now working, 2 delayed to coincide with
street improvements, 1 turned on this week, and
1 to be turned on next week.
c) In answer to question by Councilman Rose, City
Manager stated that the responsibility for encouraging
air service to Palm Springs is shared by staff
and others in the community.
Mayor noted that he has met with the Transportation
Director, CVB Executive Director, and two members
of the Airport Commission, to find ways to persuade
carriers to come to Palm Springs ; that Sunair
was the only fruitful effort; that the Transportation
Director is still working on this effort; and
that under deregulations, the carriers can decline.
Councilman Rose stated that he would like a report
from the Transportation Director as to the effect
on estimated revenues relative to reduced service.
Council Minutes
3-4-81 Page 17
37. CITY COUNCIL reports or requests (Continued)
d) Councilman Rose stated that CVB performance does
not show that visitors are coming to Palm Springs
in increasing numbers; that only the number of
conventions are increasing; that rather than
holding its own, there is a downhill trend for
the City, particularly since CVB figures do not
reflect inflationary factors ; that CVB reports
attempt to explain away the situation, but in
fact do not do that; and that, without criticism
of the CVB, perhaps the problem is bigger than
it can handle.
e) Councilman Rose expressed his anger concerning
letter from Allen Perrier, attorney for Jules
Blum, and his opinion that it was a threat that
the Council should condone something which, by
a majority, it said was wrong, otherwise the
applicant would appeal to the Tribal Council ;
and his opinion that it was a poor policy on the
part of Mr. Perrier to have written such a letter.
f) In answer to question by Councilman Rose, City
Manager stated that staff would investigate why
retail sales appear to be down for drug stores
in the city.
g) Councilman Field offered expressions of congratu-
lations to newly incorporated Cathedral City.
h) In answer to question by Mayor, City Manager
stated that joint session with the CVB is
anticipated in March-April , date uncertain at
this time.
Mayor stated that the Council will be looking
for more definitive plans and programs in the
coming year, and cost-benefit ratios.
38. PUBLIC reports or requests - None
39. STAFF reports or requests - None
ADJOURNMENT
There being no further business at 10:10 p.m. , Mayor
declared the meeting adjourned.
NORMAN R. KING
City Clerk
B : JUDITH SUMICH
eputy City Clerk