HomeMy WebLinkAbout5/20/1981 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
MAY 20, 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, May 20, 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 Rev. Whitney, Church of St. Paul 's in the Desert.
COMMUNITY REDEVELOPMENT AGENCY: No business
APPROVAL OF MINUTES:
It was moved by Beirich, seconded by Rose, and unani-
mously carried, that the minutes of May 6, 1981 be approved.
PUBLIC HEARINGS :
1 . GENERAL PLAN LAND USE AMENDMENT - INDIAN/SAN RAFAEL DRIVE
Recommendation : Planning Commission recommends amending
the General Plan Land Use Element to designate 340± acres
at the NE corner of Indian Avenue and San Rafael Drive
from Airport Noise and Blowsand to Controlled Density
Residential - 6d.u/acre (240 acres) , Industrial (70
acres) , and Community Shopping Center (30 acres) ;
and that Neighborhood Convenience Center designation
for the vicinity of Indian Avenue and Las Vegas Road
be deleted. (101 )
Planning Director reviewed report of Director of
Community Development, dated May 20, 1981 , and stated
that the amendment is in general conformance with
the requested zone changes; and spells outs a series
of conditions and implementing guidelines . He stated
that there is a marginal fringe=toed lizard
habitat, and thA mitigation is that developer will
participate in the formation of the prime habitate
preserve, including purchase of 10 acres for that
purpose, and that although there is proposed to be
further discussion relative to the Whitewater By-
pass, it has been shown, including bike trail , in
a cross-section of the dike.
City Manager stated that issue of the by-pass came
up during discussion of the Capital Improvement Program,
and staff is developing a policy statement for considera-
tion by the Council in that regard; however, in the
absence of removing it from the General Plan at this
point, it is called for and the Council will have
an opportunity to determine whether it should remain
in the plan.
In response to questions by Council , Planning Director
indicated the following:
a) Original request was for M-1 zoning with 10,000
square foot lot size; staff recommended M-1-P
standards, but allowing 10,000 sq. ft. lot size.
b) Clear understanding at Planning Commission level
that developer would provide school site dedication;
only concern in adding "by the developer" to
Council Minutes
5-20-81 Page 2
1 . GENERAL PLAN LAND USE AMENDMENT (Continued)
the condition is that School District may
decide to locate the school site elsewhere
in the vicinity, in which case dedication
would be responsibility of another developer
or property owner.
c) Prime habitat preserve being formulated by
a certain group, however, intent of guideline
was not to tie the developer specifically
to that plan, but to leave some discretion
between the developer and the State Department
of Fish and Game; and that developer understands
that the purchase of the 10 acres may be at
some other site to be determined later.
d) Planning Commission determined that value
of school site dedication would be set against
any school impact fee which might be developed;
developer aware of this and offered no resistance.
City Attorney stated that the implementing guidelines
could be amended to provide "school site shall be
offered for dedicatim by the developer without charge. "
Mayor declared the hearing open.
Frank Purcell , 389 Crestview, on behalf of the property
owner, spoke in support of findings by the staff
and Commission; that although two Commissioners were
opposed at the first hearing in January, one changed
to a support vote following the second hearing; that CONT'D
an independent survey was made relative to feasible (101 )
and unfeasible uses, after which the application
was made and the planning process commenced; that
areas needing mitigation were identified, added to
by staff and Commission, and each responded to and
answered to the satisfaction of staff and the Com-
mission; that developer has agreed to school site
dedication, timing of which will depend on actual
development in the area and determination of specific
location by the School District; that 100-year flood
can be self-contained on the property; that because
of the required dike improvements, the marginal lizard
habitat will be destroyed, and developer has agreed
to follow precedent established in developing the
preserve and will match the dedication; that study
process was attempt to do in-depth study to answer
every issue and mitigate every issue of import; and
that the Council is only considering the General
Plan Land Use amendment, and any development which
happens will come back through the planning process
and the City will be in control of what happens.
In answer to question by Council , Mr. Purcell stated
that they were not opposed to adding the, language
suggested by the City Attorney relative to the school
site dedication.
There being no further appearances, the hearing was
closed.
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Council Minutes
5-20-81 Page 3
1 . GENERAL PLAN LAND USE AMENDMENT (Continued)
In answer to question by Council , Cicy Attorney stated,
regarding the environmental assessment method, he
was satisfied that a project of this magnitude could
be handled, in the manner in which it was handled, CONT D
In answer to concern by Council , Mr. Purcell stated (101 )
that it was clear to the developer that there would
not be any charge for the school site dedication,
but the value of it would be credited against any
school impact fees assessed, so there would not be
a double charge to the developer.
Planning Director stated that this was also the Com-
mission's understanding, and that this off-set: was
not spelled out in the proposed resolution, because
the school impact fee is still in a conceptual stage
and not sufficiently refined.
Resolution 13801 , amending the General Plan as recom-
mended by the Commission, was presented; after which,
it was moved by Rose, seconded by Beirich, and unani-
mously carried, that Resolution 13801 be adopted,
subject to revision of implementation guidelines
6 and 8, as follows :
"6. School site shall be offered for dedication by
the developer without charge.
8. An additional ten acres of prime habitat land,
as defined by the State Department of Fish and
Game, shall be purchased for the. . . . . . . . ..
2. P.D. 125 - P. BRUGGEMANS & C. BARDET
Assistant to Director of Community Development reviewed
report of Director of Community Development, dated
May 20, 1981 , outlining Planning Commission recommenda-
tion to approve planned development district, in-
lieu 'of a change of zone, including preliminary plot
plan, to allow conversion of private club (restaurant)
to a public restaurant and bar facility for property
on Tahquitz-McCallum Way, west of Cahuilla Road, (116)
known as Le Club Vallauris.
Mayor declared the hearing open.
Ernest Dooley, 161 S. Cahuilla, owner of Apache Lodge,
stated that in the past his guests have been disturbed
by loud music from the operation ; and that he would
object to a full-service restaurant if it would mean
that the owner could improve his business by using
full-service restaurant type musicians.
There were no further appearances, and Mayor declared
the hearing closed.
In answer to questions by Council , Planning Director
stated that inside seating was reduced in order to
meet parking requirements; that applicant indicated
that music was not a part of his normal operations,
and outside music in the past was in connection with
private parties; that the Commission felt the operation
seemed to work reasonably well and that City had
not received any complaints; that others in the neighbor-
hood indicated they had no problems with the conversion
as long as there was no change in the basic operation;
Council Minutes
5-20-81 Page 4
2. P.D. 125 (Continued)
and that the Council could add a condition to address
handling complaints in the future.
Councilwoman Ortner stated that she was hesitant CONT'D
to imposing such a condition, without some input (116)
from the applicant; that the only music has been
that of a piano bar, which cannot be heard outside;
and that if complaints arise in the future, that
can be looked at.
Mayor stated that he appreciated the fact that, there
had not been complaints , however, the operation will
change from a private facility to a public facility
and there should be some protection to the neighborhood':
should a problem relating to noise arise.
Councilman Field stated this is a residential area
and suggested that language be added that outdoor
sound mitigation be observed.
City Attorney stated that any conditions to the district
should be imposed at this time and not later, and
suggested the condition to read, "No loudspeakers
or amplification of sounds shall be used which would
result in voices or music audible more than ten feet
beyond the outer boundaries of the subject property. "
Resolution 13802, approving the planned development
district as recommended, was presented; after which,
it .was moved by Ortner, seconded by Beirich, and
unanimously. carried, Rose abstaining, that Resolution
13802 be adopted, subject to adding condition as
outlined above by City Attorney.
3. CENTRAL CORRIDOR BUSINESS IMPROVEMENT AREA MODIFICATION
Recommendation ; That the Council receive public
comment in preparation for Resolution of Intention
to modify district boundaries , methods to change
charges imposed, and establishing date of resolution
of intention and hearing thereon.
Mayor advised that any testimony should address only (133)
the proposed changes relative to establishing new
boundaries and charge schedule, and any comments
concerning the existing district should be made under
the Public Comments portion of the agenda.
City Manager stated that no action is required of
the Council at this time; that on June 3, the resolution
of intention will be considered for expansion of
the corridor; additionally, the Council will need
to make a choice as to system of classification of
charges to be imposed, which will then be identified
in the resolution of intention; and that the hearing
on the resolution of intention will be set for June
17. He stated that two systems of classification
have been recommended, one by the Advisory Board
and one by the Redevelopment Director, and that the
Council may approve either, or some modification
or combination thereof.
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Council Minutes
5-20-81 Page 5
3. CENTRAL CORRIDOR BUSINESS IMPROVEMENT AREA (Continued)
In answer to question by Councilman Field, City Manager
stated that the issue of conflict of interest has
been looked into, including inquiry to the FPP'C,
and it is the opinion of the City Manager and City
Attorney that there is no potential conflict of interest
in voting on this issue.
City Attorney stated that no member of the Council
has a conflict based on any facts of which he is
aware.
Redevelopment Director presented an historical over-
view indicating how the district came about, concerns
which prompted consideration of expansion, ridership,
and articles praising the system, as well as a detailed
review of his report, dated May 20, 1981 . He stated
that a square footage charge would be equitable for
retail businesses if zones were established so that
those businesses in the middle paid more than those
in outlying areas, and that the same may hold true
for offices ; that there have not been any concerns
raised by hotels or restaurants as to charge levied
on basis of rooms or seats; that of the 121 names
on .the petition presented to the Advisory Board,
there was about a 50% split in views, and that; in
the first instance 27 were not in the improvement CONT'D
areas, and in the second instance 22 were not being (133)
charged; that State law requires that the Council
make findings that people who pay the charge benefit
from it and provides that the Council may make reason-
able classifications of business based on various
factors including general benefit; and explained
how the original charge formula was derived.
Mayor reiterated that the purpose of receiving public
testimony was not to disestablish the existing district,
and inquired if anyone wished to be heard.
Alex Chobotuck, A & E Alterations, stated that he
was lead to believe he could oppose the existing
district; that he believes there is a system through
the hotels which can pay for this service; that he
has heard people refute fact that headways are fifteen
minutes or that a person can be picked-up anywhere
along the route; that he feels the project was a
dud and stupid; that his opinion is that both SunBus
and the surreys are dirty; and that the surrey only
serves as a mobile day care service.
Jack Crouch, Village Florist, stated that he has
refused to pay the charge because he did not know
anything about it; that he has talked with people
and found some are paying and some are not paying;
that he did not believe 'the system was doing that
which the Redevelopment Director says it is doing;
that he has had only one customer ask for a token;
that he does 80% of his business by telephone, FTD
or Teleflora; and that he did not see why a few merchants
down a corridor should be expected to pay for the
service.
Council Minutes
5-20-81 Page 6
3. CENTRAL CORRIDOR IMPROVEMENT AREA (Continued)
Dana Bigelow, owner of Covers for Lo,,ers, stated
that she did not not believe the expansion should
be made because the existing system does not work;
that she has had only two customers and a number
of children ask for the tokens ; that the service
has not done anything for her business; and that
her customers do not come by bus.
Arlene Garry, 242 NE Cerritos, read a petition signed by
businesses, generally in the Patencio Building,
along Tahquitz-McCallum Way, opposing any assessment
are their businesses for the purpose of operating
the surrey, a copy of which is on file in the Office
of the City Clerk.
Leonard Coombs, Dwyer Business Service, stated that
he was assured he would not have to pay the assessment,
and questioned what the cost is per rider to the
city and taxpayer.
Mrs. Georg•io DiSalvio, restaurant owner, stated that
she has heard that children have boxes of the tokens
and questioned how they came by them; and stated
that she has experienced riders throwing things off
the buses.
Rick Service, 222 S. Palm Canyon, Las Casuelas Terraza
stated that he has given out 3200 tokens in record
time; that people have been appreciative of receiving
them, as well as not having to deal with parking
cars; that he supports the system because of lousy
cab service; that businesspeople spend a lot of money
in advertising which can rarely be measured, but
he believed the benefit of the surrey is measurable; CONT 'D
that he believes it enhances the recreation and com- (133)
mercial values of the city; and that he supports
continuing service through the month of May, as well
as some means of connecting service to the Canyon
Hotel and South Palm Canyon area.
Joan Gittuso, Carlo's Deli and Carlo 's II , stated
that she has not seen anything but teenagers and
young people riding the bus ; that the same kind of
business as hers across-the-street does not pay any
assessment; and that if everyone only gave away tokens
when someone purchased something from them, there
would be information as to how many people actually
did business downtown as a result of getting there
by the surrey.
Ray Gorney, 201 N. and 132 S. Palm Canyon, stated
he favored the surrey but was opposed to the method
of payment; that he felt the manner of charges initially
were rigged to insure minimum opposition; that since
all businesses occupy space and pay for it by the
square foot, he believed dividing the area into zones
and establishing a square footage charge would be
equitable and would standup in court as not being
arbitrary, and that it would cause a 70% reduction
of the charges paid by merchants; that it would eliminate
subjective judgement of productive and non-productive
space; and that 70% of the members of the Advisory
Board are non-assessed businesspeople, and some are
not residents of the City.
Council Minutes
5-20-81 Page 7
3. CENTRAL CORRIDOR IMPROVEMENT AREA (Continued)
Rick Flynn, Artistic Florist, 415 N. Palm Canyon,
stated he was opposed to the inequitable way in which
the businesses are assessed; however, felt he had
been treated fairly in a reassessment of his charge.
Arthur Hersh, 252 S. Palm Canyon, stated he felt
the surrey was a good idea if it promoted Palm Springs,
but felt the assessments were inequitable, and the
ordinance should be amended so everyone is assessed;
that he did not believe the number of riders purported
to have used the surrey; that he would like a survey
made of riders to determine if they have cars, are
residents, or visitors, since the purpose was to
alleviate traffic on Palm Canyon by leaving cars
at the hotels; that he has given away very few tokens ;
that the business next to him has never been assessed;
and that he did not believe it should be extended
unless there was positive proof that it was doing
something for the businesses in the downtown area.
Jeff Solowitz, 611 S. Palm Canyon, stated that he
did not see anything wrong with the expansion so
long as people know how to protect themselves when
the time comes for the hearing; that if it does not
pass, people now paying will be stuck with it as
it is; that he felt the existing district should
be done away with before a new one is considered;
that before creating the existing district, notice
should have been given that lack of opposition meant
favoring the district; and that he favored expanding
the district, after doing away with the existing
district, recognizing a possible defeat because people
would then know how to play the game.
Esther Youngerman, 448 S. Indian, stated that Sorrentinos CONT 'D
is assessed for 67 seats. (133)
Judy Baldwin, read a prepared statement From Bob
Wehe, owner of the Lazy Lodge and Camel Realty, opposing
the system, a copy of which is on file in the Office
of the City Clerk.
Dr. Robert Bertrand, 700 N. Palm Canyon, stated that
he would like to see something better than poor looking
buses which use diesel fuel .
Peter Koetting, 559 S. Palm Canyon, representing
commercial and office development in both existing
and expanded areas, stated that two new lessens expressed
pleasure that the buses would pass their sites.; and
that he felt improvements can be made in the system.
Mrs. Cilla Ames, 447 N. Palm Canyon„ stated that
she did not favor expansion of the district; that
businesses do not benefit from the bus ; and that
she did not see any distinction between restaurants
open for business between 5-11 p.m. , than businesses
open from 11 a.m. to 5 p.m. , and therefore, such
restaurants should not pay less.
Alice Peralta, 285 S. Palm Canyon, spoke in opposition,
stating the businesspeople are made to look foolish
by saying that the system is successful ; that if
it must be, then the first district should be eliminated,
and everyone who has a business license should pay
an equal share; that she did not disagree that: there
have been a lot of riders, but questioned where they
are going, noting that only one person has asked her for a token.
Council Minutes
5-20-81 Page 8
3. CENTRAL CORRIDOR IMPROVEMENT AREA (Continued)
There were no further appears, and opportunity for
further comments was closed.
CONT'D
No action "required or taken by Council . (1,33)
4. PUBLIC NUISANCE ABATEMENT - SPECIAL ASSESSMENT LIEN
712 SPENCER DRIVE
Recommendation : That the Council confirm the Proceedings
and Accounting Report filed May 6, 1981 , and impose
a special assessment lien in the amount of $1 ,692.75 (57)
for property 'located at 712 Spencer Drive.
Mayor declared the hearing open; there being no appearances,
the hearing was closed.
Resolution 13803, confirming the report and imposing
the lien, was presented; after which, it was moved
by Rose, seconded by Beirich, and unanimously carried,
that Resolution 13803 be adopted.
5. ASSESSMENT DISTRICT 135 - PORTION OF MESA TRACT
Recommendation: That the Council rescind certain
resolutions relating to sewer improvement in portion (56)
of the Mesa Tract, including Resolution of Intention
which set this as time and place for hearing; and
adopt new resolutions initiating the district proceedings.
Since proceedings were coordinated with legal counsel
prior to mailing hearing notices pursuant to previous
resolutions , no public testimony was anticipated.
Mayor declared the hearing open; there being no appearances,
the hearing was closed.
Resolution 13804 rescinding Resolutions 13759 through
13762; and Resolutions 13805 through 13809, approving
boundary map, declaring intent, passing on Engineer's
Report, setting hearing for July 1 , 1981 , referencing
wage scale, and calling for bids, were presented;
after which, it was moved by Beirich, seconded by
Ortner, and unanimously carried, that Resolutions
13804 through 13BO9 be adopted.
PUBLIC COMMENTS:
a) Joe Siegel , 314 S. Calle Encilia, spoke in support of
installing grass and irrigation system at Baristo
Park, stating that in its current condition it (109)
is a blight on the neighborhood; and that the
City may be violating its own planning and building
codes by not improving it.
b) Peter Koetting, 559 S. Palm Canyon, stated that
he was available to answer questions concerning
the following Items 14 and 15, and felt that
the project would be an asset to the community
and meet the needs of the northerly portion of
the City.
Council Minutes
5-20-81 Page 9
LEGISLATIVE ACTION:
6. COMPREHENSIVE FEE SCHEDULE AMENDMENT - DRAINAGE FEES
Recommendation for further continuance. It was moved (114)
by Beirich, seconded by Field, and unanimously carried,
that this Matter be continued to June 3, 1981 .
7. LAW ENFORCEMENT ASSESSMENT DISTRICT
Recommendation: That the Council authorize proceeding
with proposal to form a city-wide law enforcement
assessment district for submission to the voters
at the November, 1981 General Election, awarding
contract to Berryman & Stephenson, Inc. for professional
services in connection therewith, in amount of $40,000;
and amend the budget to appropriate said funds.
Police Chief reviewed his report, dated May 20, 1981 ,
explaining public opinion survey results and rioting
that a 2/3 majority vote of the electorate would
be required to pass the measure.
Mayor stated that he would like to see some expression
whether there is support from other organizations
in the community for this and if they would help
sell it, e.g. , senior citizen organizations, service
clubs; and that he was surpised that. a League of
California Cities survey showed that although there (113)
was initial support, such police districts have failed
to receive the 2/3 majority needed in a number of
cities, and he would want to go beyond just the public
opinion survey to determine extent of support.
City Manager stated that prior to taking final action
to place the issue on the ballot, an attempt would
be made to get an expression from other groups in
the community; that such support generally developes
after an issue is placed on the ballot, but the Council
needs to know in every possible way whether the community
wants to be able to vote on this issue.
Councilwoman Ortner stated that she is in favor of
the district, as long as funds are not used for capital
improvements, and that a strong campaign effort will
be needed.
Councilman Rose stated that the raw numbers of the
public survey make him wary, and that caution in
proceeding is appropriate; and that he agreed it
would take an effort to succeed.
Resolution 13810, amending the budget, and Minute
Order 2946 approving letter agreement with Berryman
and Stephenson, Inc. , were presented; after which,
it was moved by Beirich, seconded by Ortner, and
unanimously carried, that Resolution 13810 and Minute
Order 2946 be adopted.
Council Minutes
5-20-81 Page 10
8. ENERGY MANAGEMENT SYSTEM
Recommendation: That the Council authorize purchase
of an energy management system from Pacific Energy
Management, in amount of $77,305, and appropriate
necessary -Funds therefor. (52)
Minute Order 2947, awarding purchase, and Resolution
13811 , amending the budget, were presented; after
which, it was moved by Field, seconded by Beirich,
and unanimously carried, that Minute Order 2947 and
Resolution 13811 be adopted.
9. TENTATIVE TRACT MAP 16864 - DUAL SEWER EXEMPTION
Recommendation: That the Council amend Condition
#9 of Tentative Tract Map approval to allow project (137)
to connect to sewer system, subject to construction
of the project within six months and completion twelve
months thereafter. Projects relates to 360 low-
income housing units known as Harmony Homes, located
on Sunrise Way, between San Rafael and Francis Drive,
H. Heers, developer.
In answer to question by Council , General Operations
Director, stated that he was in agreement with the
report.
Resolution 13812, amending condition of tentative
tract map approval , was presented; after which, it
was moved by Field, seconded by Beirich, and unani-
mously carried, that Resolution 13812 be adopted.
10. BARISTO PARK
Recommendation: Community Services Commission recommends
appropriating $66,000 in 1981-82 budget to plant (109
turf and install an irrigation system at Baristo
Park. &61 )
In answer to question by Council , City Manager stated
that he was not aware of any charge that the City
has not followed its own procedures; that the park
has been under design for some time; and that planning
procedures of the CDBG Program have been followed.
Housing Coordinator stated that when the project
was first considered, $125,000 was requested for
development of the park; that at that time the Council
decided to limit the budget in that it did not desire
to increase maintenance on an on-going basis ; that
final CDBG was $50,000, plus $23,000 of City General
Funds, the greatest portion going into street improvements
around the park, as was requested by the neighborhood
for curbs, sidewalks, etc. , to provide safe crossing;
that the neighborhood felt it was a satisfactory
type park for its purposes and understood the budget
limitations; that it is possible that those who are
now concerned were not involved at that time; and
that the Council had indicated that it would only
fund the park with CDBG funds, which was accomplished
in two phases. - one of $64,000 for acquisition, and
one of $50,000 as previously described.
Councilman Beirich stated the park was the result
of special request of a neighborhood, and in the
face of budget constraints, the Council at that time
followed--up with certain funds; and that he has
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Council Minutes
5-20-81 Page 11
10. BARISTO PARK (Continued)
concerns that the park could evolve Onto something
big and expensive, which was not the original intent.
Councilman Rose stated that he did not have a problem
within budget limitations to making improvements
to this or other city facilities, but, in this case,
felt it should be with caution that construction
of the park was with certain understandings, and
now with one thing changing, the ground rules are
changing; that one type of park was built, and
now it is being said that because it is there, improve-
ments should be made; that he favors using less grass
both in public and private facilities ; in terms of
water conservation and escalating rates; and that
he would not like to see the park entirely in grass.
In answer to question by Council , Director of Community
Services, stated that the estimated cost was based CONT'D
on turfing the entire 3 acres, and that if the money (61 &
is appropriated, a park design would be prepared 109)
to come back through the Commission and Council for
approval , which would define grass areas, noting
that it was not intended that areas around Palo Verde
trees and play equipment would be in grass.
City Manager stated that this project was flagged
by the Council in reviewing the CIP, while simultaneously
being considered by the Commission for 1981-82 budget
recommendations; and that if approved by the Council ,
it would be included in the CIP and 1981-82 budget,
but funds would not specifically be appropriated
at this time.
Councilman Beirich stated that he did not oppose
the recommendation as long as it was clearly understood
that it would not be treated any differently than
any other request; and that he saw this improvement
as a cap on what probably would be spent.
It was moved by Field, seconded by Ortner, and unani-
mously carried, that the Commission's recommendation
be approved.
11 . MUNICIPAL CODE AMENDMENT - HISTORIC SITE PRESERVATION
(Introduced 5-6-81 )
City Manager read title of Ordinance 1140, as follows;
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, PROVIDING FOR THE DESIGNATION (103)
AND PRESERVATION OF HISTORIC SITES, CREATING
AN HISTORIC SITE PRESERVATION BOARD, REQUIRING
CERTAIN CONSTRUCTION AND ALTERATION TO BE APPROVED
BY THE HISTORIC SITE PRESERVATION BOARD, AND
PROVIDING PENALTIES FOR VIOLATION.
It was moved by Beirich, seconded by Field, and unani-
mosuly carried, that further reading be waived, and
that Ordinance 1140 be adopted.
Council Minutes '
5-20-81 Page 12
12. CITY HALL IMPROVEMENTS
Recommendation : That the Council approve agreement
with Daniel Brisset, Inc. , for design services and (117)
appropriate $65,000 for City Hall furnishings, necessary
structural modifications, and design services.
Minute Order 2948, approving agreement, and Resolution
13813, amending the budget, were presented; after (61 )
which, it was moved by Beirich, seconded by Ortner,
and unanimously carried, that Minute Order 2948 and
Resolution 13813 be adopted.
13. CVAG MEA CONTRACT - BUDGET AMENDMENT
Recommendation: That the Council appropriate $31 ,196
for City°s share of on-going MEA processing and develop-
ment of a growth monitoring system. (61 &
Resolution 13814, amending the budget, was presented; 123)
after which, it was moved by Rose, seconded by Ortner,
and unanimously carried, Beirich abstaining, that
Resolution 13814 be adopted.
14. P.D. 113 - WESTAR DEVELOPMENT
Recommendation: That the Council approve final develop-
ment plans for Phase I of a six-acre neighborhood
shopping center at the SE corner of North Palm Canyon (116)
Drive and Racquet Club Road.
In answer to question by Council , Peter Koetting,
on behalf of developer, stated that the developer
will maintain and operate the center; that they have
an obligation with their tenants to police the project;
and that he was not opposed to working out a solution
regarding property maintenance through the CC&Rs.
In answer to question by Council , City Attorney stated
that use of the CC&Rs would be the most effective
way of handling the subject, and a condition could
be in the development plan approval that there be
a provision for on-going maintenance in the CC&Rs.
Resolution 13815 approving final development plans
for Phase I, as recommended, was presented; after
which, it was moved by Beirich, seconded by Rose,
and unanimously carried, that Resolution 13815 be
adopted.
15. TENTATIVE PARCEL MAP 17447 - WESTAR DEVELOPMENT
Recommendation : That the Council approve Tentative
Parcel Map,17447 to divide property located on the
SE corner of Racquet Club Road and North Palm Canyon. (119)
In answer to question of Council , Planning Director
stated that the project must be developed as proposed
under P.D. 113, and that each parcel is not free
and independent of all others.
Resolution 13816, approving tentative map as recommended,
was presented; after which, it was moved by Field,
seconded by Beirich, and unanimously carried that
Resolution 13816 be adopted.
Council Minutes
5- 20-81 Page 13
CONSENT AGENDA:
16. Resolution 13817 amending the budget to appropriate (61 )
$22,000 to provide funds for landscaping, sprinklers, (1117)
and exterior lighting at Fire Station #5.
17. Resolution 13818 approving acquisition of 14+ acres (85)
of land from Desert Water Agency, located on the NW
corner of Sunrise Way and San Rafael , in amount of $164,500.
18. Resolution 13819 approving second six-month time extension
for Planned Development District 84, Hotel California, (116)
located on the SE corner of East Palm Canyon Drive,
between Camino Real and Arquilla Road.
19. Resolution 13820 adopting Citizen Participation Plan (85)
as requested by the County pursuant to requirements
of the Community Development Block Grant.
20. Resolution 13821 , 13822, 13823, and 13824 approving (86)
Claims & Demands and Payroll Warrants .
21 . Minute Order 2949 awarding contract to Rees & Associates (117 &
Roofing, for City Hall re-roof/insulation project, in 61 )
amount of $76,624.95; and Resolution 13825 amending
the budget to appropriate additional funds in amount
of $31 ,000.
It was moved by Beirich, seconded by Field, and unani-
mously carried, that Resolution 13817 through 13825
and Minute Order 2949 be adopted; Rose abstaining on
Resolution 13817.
22. PARCEL MAPS 14748 and 14750 - FINAL MAPS
Resolution 13826 approving final Parcel Map 14748 to
combine property on North Palm Canyon Drive, between
Alejo and Amado Roads, P.Billington/Mispar Ltd-Generation (119)
II, Ltd.
Resolution 13827 approving Final Parcel Map 14750 to (119)
describe property located on East Palm Canyon & E:scoba
Drive, P.Billington-Garnet Ltd/Set II Ltd.
It was moved by Field, seconded by Beirich, and unani-
mously carried, that Resolutions 13826 and 13827 be
adopted.
REPORTS & REQUESTS:
23. CITY COUNCIL reports or requests
a) Councilwoman Ortner requested staff look to developing
some type of landscape maintenance requirement,
other than in CC&Rs.
b) In answer to question by Councilwoman Ortner, City
Manager stated that the noise element is a work
program proposed in 1981-82 budget.
c) Mayor requested that issue of proposed cultural
center be considered at the May 26 study session.
d) Concerning the Central Corridor Improvement District,
Councilman Field stated that the Council has listened to
the input this date; that there will be further hearings;
and that he was hopeful that the entire community will
react in those hearings. He stated that he believes there
is ,a search for equity by the Council .
Council Minutes
5-20-81 Page 14
ADJOURNMENT
There being no further business at 10:20 p.m. , Mayor
declared the meeting adjourned.
NORMAN R. KING
City Clerk
�,i~j '- Z—�—
jBY : JUDITH SUMICH
Deputy City Clerk