HomeMy WebLinkAbout7/22/1981 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JULY 22, 1981
An Adjourned Regular Meeting of the City Council was called to
order by Mayor Doyle, in the Council Chamber, 3200 Tahquitz-
McCallum Way, on Wednesday, July 22, 1981 , at 7:30 p.m.
ROLL CALL: Present: Councilmembers Field, Ortner, Rose and
Mayor Doyle
Absent: Councilmember Beirich
The meeting was opened with the salute to the Flag.
COMMUNITY REDEVELOPMENT AGENCY: No business
APPROVAL OF MINUTES:
It was moved by Field, seconded by Ortner, and unani-
mously carried, that the minutes of June 18 and July 1,
1981 be approved.
PUBLIC HEARINGS :
1 . P.D. 123 - ROBERTS GROUP
Recommendation from Planning Commission : That the Council
approve planned development district to allow construction
of a 109-unit condominium project on Twin Palrs Drive, between
LaVerne Way and Via Aguila.
Director of Community Development reviewed his report,
dated July 22, 1981 , noting that the planned development
district is being utilized since the property is in two
zoning designations, and that the units will be in the
R-3 portion, with tennis courts, project entry, under-
ground parking and recreation amenities in the R-I-C rear
portion. He stated that there was some opposition from
neighboring residents regarding traffic, in that all
access for the project will be from Twin Palms Drive, and
desire that tennis courts be sunken below street level ;
that traffic study showed that projected traffic volume
produced by the project would not warrant a signal ; that
the Planning Commission ordered a negative declaration
filed; and approved the project, subject to conditions,
one of which is that the final resolution concerning
access shall be addressed in the final development plans,
which are subject to both Planning Commission and City
Council approval .
(116)
In answer to questions by Council , Director of Community
Development stated that if ingress and egress were to
be taken on Palm Canyon Drive, it would not affect the
number of units; that no building permit would be issued
until final development plans are approved; and that
preliminary plan approval establishes certain conditions
and enaiil+es the applicant to move to the next step toward
final development.
Mayor declared the hearing open.
Ms. Tony Quesada, 17749 Sky Park Blvd, Irvine, representing
applicant, expressed agreement with the Planning Commission
recommendation, and applicant's intent to work out matter
of access, which is believed to be a technical matter and
best left to the discretion of the Planning Commission
and City Council .
�310
Council Minutes
7-22-81 Page 2
1 . P.D. 123 (Continued)
Robert Fey, 2000 Madrona, stated that he believed the
Planning Commission was in error and that warrants do
justify a signal , and expounded on figures which he
believed support his point of view; that there is a
fear that without requiring the signal , with possible
waiver later, the option would be lost; and that other
tennis courts along Twin Palms are setback 75-ft and
are sunken two feet below curb, which poses no problems
to surrounding neighbors, and those standards should
be maintained.
Philip Apple, President Canyon Vista Homeowners Associa-
tion, stated that they are not opposed to the building
of the project as it appears, but the access and hazard
that will be created at Twin Palms Drive and La Verne;
that he understood the applicant was directed to come
back with changes to the Planning Commission before the
Commission would approve the project, and questioned
why that was not done.
Director of Community Development stated that he was
not aware of any unmet requests of the Commission; and
that the project cannot proceed until the ingress and
egress issue is resolved.
In answer to questions by Council , Mr. Apple slated
that the problem at the intersection will increase as
traffic increases; that lights and signals were requested
before, which he believed were on an individual) basis and
were rejected in an informal manner; and that he was not
aware of any such requests made through the President of
the Association.
Ms. Quesada stated that the applicant was instructed by CONT'D
the Commission to meet with staff and the Architectural (1115)
Advisory Committee to restudy the situation on Highway Ill
and determine if ingress and egress would be feasible or
whether a right turn onto the Highway would be acceptable;
that a plan was submitted showing the right-turn driveway,
which was not favored by the Committee, and which was sent
to the Commission, which approved the district subject to
restudy of the access issue. " She stated that the applicant
would be willing to participate in the installation of a
signal , but did not believe they should pay the entire cost;
and surmised that the traffic engineer would be the best
person to determine the exact location of where it should
be installed.
In answer to question by Council , Traffic Engineer stated
that the only practical point for signalization would be
at Twin Palms and La Verne; that there is no historical
count on Twin Palms Drive, however, a 24-hour count indicated
that only about 20% of the count which warrants a signal was
evident; that the real problem relates to sight distances
both to the north and south and, in that regard, Smoke Tree
Ranch has agreed to remove vegetation and a palm treeg further
there is a sign blocking the view but it is not a violation;
that there has been no history of accidents at the inter-
section; that CalTrans position has evolved over the years,
and its most recent position is that non-commercial residential
traffic should take access to the local street: system, and
commercial enterprises which depend on passing traffic, can
be considered for access to the Highway .
Council Minutes
7-22-81 Page 3
1 . P.D. 123 (Continued)
There being no further appearances, the hearing was closed.
In answer to questions by Council , Director of Community
Development stated that the building setback in the R-1-C
applies to the tennis court, i .e. , 25-ft; that if the
courts were to be lighted, which they are not, there
would be an additional 60-ft setback from any property
line; that the tennis courts meet that which could be
built in the R-1-C by right-of-zone, except it is
2-ft higher than allowed; that the additional two feet
is to accomodate parking under the tennis court, and
an additional 2-ft might cause drainage problems.
Ms. Quesada stated that lowering the subterranean garage
would require mechanical ventilation and would require
people to have to walkup two flights; and from a cost-
and marketing consideration, they would prefer to leave
the court as recommended by the Commission.
Councilman Rose stated that the traffic moves fast on
La Verne and he could understand the concerns about
accidents because of poor visibility yet there have
not been any accidents ; that a right turn onto Palm Canyon
will not lessen the danger at Twin Palms and La Verne;
that the intersection does not warrant a signal , but
from a driver standpoint, a signal might be better;
that the problem will continue, and installation of CONT'D
a signal on a shared-cost basis should be further (116)
discussed; and that the tennis court seems adequate
or ' sufficient and it should not pose any
intolerable situation to the property owners across
the street.
Councilman Field stated the he understood the frustration
concerning the signal and recognized a human reaction to
simply suggest that it be installed, however, past experience
has shown that does not necessarily work; and that based on
fact that the ingress and egress issue will be further studied
and this is only a portion of the progress of the project, he
would support approval of the project.
Discussion ensued regarding possible signalization, its
impact on signal at Sunrise, and developer participation
in cost; after which, City Attorney stated that condition
No. 1 of the proposed resolution could be amended to read:
"The issues of ingress and egress to and from the project,
and handling of traffic generated by the project, including
possible signalization of the intersection of La Verne Way
and Twin Palms Drive, shall be resolved prior to submission
of final development plans. "
City Manager stated that the condition would allow the
specifics to be discussed and final solution would come
back to the Council with the final development plans.
Resolution 13893, approving the planned development district
was presented; after which, it was moved by Field, seconded
by Ortner, and unanimously carried, Beirich absent, thaL
Resolution 13893 be adopted, subject to revision of condition
No. -I as stated above by City Attorney.
Council Minutes
7-22-81 Page 4
2. SIGN VARIANCE 8.211 - VILLAS DE LAS FLORES HOMEOWNERS ASSOC.
APPEAL
Recommendation: Consideration of appeal by the above
homeowners' association from Planning Commission
denial of application for variance from provisions of
the Sign Ordinance concerning signs for residential
complexes.
Director of Community Development reported that, in error,
applicant installed two signs without permit and has
requested approval based on hardship, indicating that
the signs provide better identification from both
directions, which, although true, is not allowed under
the Sign Ordinance; that there is an island where one
double-faced sign could have been installed; and that
there were no grounds for granting the variance.
Mayor declared the hearing open.
Audrey Keefler, Management Agent for the complex, stated
that the error was made unwittingly and the person who
obtained the permit for the sign company was riot aware
that a separate permit was needed for each sign; that
the Architectural Advisory Committee reviewed the signs
and did not find them unappealing; that the Association
believes it is the victim of an archaic sign ordinance;
and that it maintains that precedent in this regard has
already been set, e.g. , Palm Towers, Mt. Shadows and
Fairway Villas.
Florence Hayne, Association Boardmember, stated that
cars stop abruptly, creating a hazard, because drivers
are not aware of where the project is located; and that
the area is very dark and cannot be seen unless both (131 )
sides of the entry are lit.
Willard Shrader, 5754 Los Coyotes, stated that: a safety
hazard is created without having the signs on both sides.
Shirley Carter, 5802 Los Santos, stated that the island
is 10-ft ft. inside the complex, is 3-ft wide, and only
contains an area 3-ft deep before landscaping appears.
There being no further appearances, the hearing was
closed.
In answer to question by Council , Director of Community
Development stated that, by definition of the Sign Ordi-
nance, a double-faced sign is not considered two signs;
that it could be lighted and probably the largest would
be 15 sq. ft. in size; that Palm Towers are two separate
projects divided by a secondary thoroughfare, not a
driveway; that staff is aware of the Mt. Shadows situation
and is pursuing that; and that he was not aware of any
precedent at Fairways Villas.
Councilman Rose stated that the Sign Ordinance remains
the law for the City; that the City has done well by it
and he hoped that it would continue to keep the City
something special ; that he recognized that the site may
have some peculiar circumstance such as adjoining a
street with higher speeds, however, he felt a precedent
would be established and it would not be appropriate to
grant a variance for a situation which does not fulfill
the requirements for such granting; and that he supported
upholding the Planning Commission.
Council Minutes
7-22-81 Page 5
2. SIGN VARIANCE APPEAL - VILLAS DE LAS FLORES (Continued)
Mayor stated that he was supportive of the Sign Ordi-
nance and the atmosphere which it has helped to create
in the City; and that granting the variance would set CONT'D
a precedent, since there are other projects with similar (131 )
entryways which could make the same requests.
Following discussion, it was moved by Rose, seconded
by Field, and unanimously carried, Beirich absent, that
Planning Commission denial be upheld, and the appeal be
denied.
3. ZONING TEXT AMENDMENT - MINOR AMENDMENTS
Recommendation from Planning Commission: That the Council
approve minor clean-up amendments to the Zoning Ordinance,
as outlined in report of Director of Community Development,
dated July, 22, 1981 ; said amendments having been reviewed
in detail at the last study session.
Mayor declared the hearing open; there being no appearances,
the hearing was closed.
City Manager read title of Ordinance, as follows :
(103)
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 9202.01-C,
9209.01-C, 9210.01-C, 9211 .01-C, 9212.01-C,
9229.01-B, 9216.01-B, 9217.01-C, AND
9218.01-C OF THE ZONING ORDINANCE CONCERNING
TIME-SHARE PROJECTS AND SECTION 9100.09 ADDING
A DEFINITION FOR HOME IMPROVEMENT CENTER.
It was moved by Rose, seconded by Ortner, and unanimously
carried, Beirich absent, that further reading be waived
and that the Ordinance be introduced for first reading.
4. MUNICIPAL CODE - SUBDIVISION AMENDMENTS
Recommendation from Planning Commission: That the Council
approve minor corrections and amendments to the Municipal
Code concerning subdivisions.
(103)
Mayor declared the hearing open ; there being no appearances,
the hearing was closed.
City Manager read title of Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 9.62.010 AND
9.64.200, AND ADDING SECTION 9.60.205
TO THE. SUBDIVISION ORDINANCE OF PALM SPRINGS
CONCERNING RECORDING OF LOT LINE ADJUSTMENT,
MAPS FOR LESS THAN FIVE UNITS, AND SOILS REPORTS.
It was moved by Field, seconded by Rose, and unanimously
carried, Beirich absent, that further reading be waived
and that. the Ordinance be introduced for first reading.
Council Minutes
7-22-81 Page 6
PUBLIC COMMENTS:
a) Larry Lapham, 500 S. Palm Canyon Drive, re P.D. 110
(see Item 29) stated that his loan commitment is
running out and that if the Council does not act (110)
on the planned development district, he would at
least like Tract Map 16581-1 approved; and that
further delays may result in no project.
b) Chris Mills, 2332 Starr Road, stated that regarding
Item 7 request for sewer connection, the soils
engineer, City Engineer, and Health Department agree
that the site is incapable of handling a selotic tank (128)
system; that the parcel is a hillside lot and there
are not more than a few other similar situations -in
the City where this would happen, none of w1hich have
any applications pending; that the soils and civil
engineers have indicated that the site might handle
3-4 units, and the applicant is requesting approval
to connect some fixed number beyond that (project
contains 15 units) ; that approval would allow setting
the plans in motion and enabling the project to be
ready to start in about one year; and that the Council
give favorable consideration to the request..
c) Ed Lambert, 333 Andreas Hills, stated that the felt
there was a clear understanding in verbal discussions
of what was intended regarding Bogert Trail Bridge,
i .e. , that it will be a 2-lane sub-structure, but (136)
only one lane will be built first, but the staff
report was not clear and the language needed to be
clarified in order prevent any future misunderstanding;
and that the residents were prepared to proceed with
forming the assessment district.
City Manager stated that he had no problem in clarifying
the staff report.
LEGISLATIVE ACTION:
5. MUNICIPAL CODE AMENDMENT - CONSTRUCTION SITE REGULATIONS
Recommendation : That the Council amend the Municipal
Code to include new security provision for arson prevention.
( u2)
Fire Chief stated that fencing or a guard would be
required at the critical stage of construction; that
criteria for determining whether requirement would be
imposed would relate to size, height and type of
construction and its distance from other exposures ; and
that developer would be advised at the early stage of
Development Committee review whether the project will
be subject to the requirement.
City Manager read title of Ordinance, as follows :
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 8.04 OF THE
PALM SPRINGS MUNICIPAL CODE CONCERNING
CONSTRUCTION SITE FIRE SECURITY.
It was moved by Field, seconded by Ortner, and unanimously
carried, Beirich absent, that further reading be waived
and that the Ordinance be introduced for first treading.
Council Minutes
7-22-81 Page 7
6. MUNICIPAL CODE AMENDMENT - APPOINTMENT OF CITY CLERK (Intro-
duced 7-1-81 )
City Manager read title of Ordinance 1142, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 2.08.030 TO
CHAPTER 2.08 OF THE PALM SPRINGS MUNICIPAL (69)
CODE RELATING TO THE APPOINTMENT OF THE
CITY CLERK.
It was moved by Field, seconded by Rose, and unanimously
carried, Beirich absent, that further reading be waived
and that Ordinance 1142 be adopted.
7. AA CASE 3.404 - W. COBLE REQUEST FOR DUAL SEWER
REQUIREMENT EXEMPTION
Recommendation : That Council consider request for
exemption from dual sewer system requirement for
15-unit condominium project on the SW corner of
Cantina Way and South Palm Canyon Drive. (128)
Director of Community Development stated that soils
engineer found that the site has poor percolation and
a private system would not work for the number of
units proposed to be developed; that the Health
Department and City Engineer concur; that the applicant
has requested that he be allowed to connect units to
the sewer system, which is contrary to Council policy
of the past two years; and that the alternative for
the developer would be to postpone development or
occupancy until such time as the units could be
connected, such delay might be 15-18 months.
Councilman Rose stated that the dual system was imposed
as a means of lifting the building moratorium, and any
site which could not handle a private system would, in
theory, be under a moratorium; and that he believed
approval would be contrary to that intent.
Mayor stated that he supports the dual system policy
and did not see where it would be appropriate to
grant approval in this case.
It was moved by Rose, seconded by Ortner, and unani-
mously carried, Beirich absent, that the request be
denied.
8. INITIATIVE PETITION - DIRECT ELECTION OF MAYOR
Recommendation: That the Council call a Special Municipal
Election, to be consolidated with the General Election to (83)
be held November 3, 1981 , for the purpose of placing
measures related to the direct election of the Mayor.
Assistant to City Manager reviewed her report, dated
July 22, 1981 , noting that the initiative petition,
although qualified in terms of the required number of
signatures, contains ambiguities, the most significant
of which is that the ordinance called for in the petition
could not be adopted by the City Council since it would
require the Council to take an action which it is not
legally empowered to do, i .e. , vacating a Council seat
and declaring it a mayoral seat; that the City Clerk and
Council Minutes
7- 22-81 Page 8
8. INITITATIVE PETITION (Continued)
City Attorney recommend that the Council carry-out the
intent of the petition and order a special election
to place on the ballot substantially the same questions
as in the petition; that, in the event both measures pass
regarding the number of years for the term of office, the
measure receiving the greatest number of YES votes would
prevail ; and that the Council may authorize any or all
of its members to file the arguments against the measures.
City Attorney stated, in his discussion with him, Mr. Hickey,
attorney for the proponents, indicated he did not see any
radical objection to pursuing the issue as recommended by CONT'D
staff, although he had slightly different views on what (83)
he thought the Council could adopt and what would be its
affect; that it was not a matter of strong legal debate;
and that the bottom line was that the intent of the
petition be carried-out, which is what, the staff recom-
mendation accomplishes.
Councilman Rose stated that he was disappointed as to
how the issue came about, and that in reflecting on
Proposition 13, the fact that the Council spoke against
it, served to convince people to vote for it because of
a lack of trust of the Council ; that he believed, without
question, that the issue would be approved by the voters;
that he would like to have had opportunity to adopt the
ordinance, but it is a matter of law and there -is no
option concerning vacating a council seat; and that he
could support placing the measures on the ballot for
that reason.
Resolution 13894, calling and giving notice of special
municipal election, requesting consolidation with the
November 3, 1981 General Election, and requesting
County Clerk services in connection therewith, was
presented; after which, it was moved by Field, seconded
by Ortner, and unanimously carried, Beirich absent, that
Resolution 13894 be adopted.
Councilman Field stated that he did not agree that the
approval of the issue was a foregone conclusion„ and would
favor an argument against the measure prepared by the
Mayor on behalf of the Council ; that he believes the
community deserves an opportunity to know the Council 's
specific thoughts expressed in that regard; and that in
other instances concerning ballot arguments, the Council
has had opportunity to individually give input to that
process.
Councilwoman Ortner stated that she felt it would be '
foolish not to respond and did not agree with the views
of the proponents; and that she would favor either authorizing
the Mayor, or all , or any number of the Councilmembers to
submit the argument.
Councilman Rose stated that he has had conversations with
people in favor of the measure and has not been successful
in convincing them to change their views based on the
arguments he put forth, and felt it would be foolish to
have the Council submit the argument, which could only
lend fuel to the proponents; and that he would riot support
submitting an argument.
Council Minutes
7-22-81 Page 9
8. INITIATIVE PETITION (Continued)
Mayor stated that the proponents probably have presented
a good case from their perception, however, he felt that
the Council should point-out what are the deficiencies and
what would happen if it passed; that there should be some CONT'D
opposing viewpoint constructed to refute what have been (83)
presented as facts, e.g. , power of the mayor, which in
fact, would not exist; and that he understood Councilman
Rose's viewpoint, but agreed with other Councilmembers
that an argument should be made.
It was moved by Field, seconded by Ortner, and carried by
the following vote, that Resolution 13895, authorizing the
Mayor to file arguments against the measures on behalf
of the City Council , be adopted:
AYES: Field, Ortner & Doyle
NO: Rose
ABSENT: Beirich
9. BOGERT TRAIL BRIDGE - CITY "UP FRONT" CONTRIBUTION
Recommendation : That the Council approve concept of
an "up front" contribution of $250,000 toward con-
structing Bogert Trail Bridge, subject to formation
of an assessment district to include existing resi-
dences and formation of a bridge fee district to
include all future development which would benefit
from the bridge.
City Manager reported that he had no problem in (136)
clarifying the language as requested by Mr. Lambert
(see above Public Comments) , stating that one lane,
with sub-structure for ultimate two-lane bridge, will
be constructed as the first stage of the project.
Minute Order 2961 , approving the concept subject to
conditions, was presented; after which, it was moved
by Rose, seconded by Ortner, and unanimously carried,
Beirich absent, that Minute Order 2961 be adopted.
10. WASTEWATER TREATMENT PLANT EXPANSION - LEASE AND LEASEBACK
AGREEMENT
Recommendation : That the Council approve a lease/lease-
back agreement between the City and the City of Palm
Springs Public Facilities Corporation.
Assistant City Manager stated that leaseback payments
will provide adequate funds to pay the bond debt (127)
incurred to build the facilities.
City Manager read title of Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING A FORMAL AGREEMENT
RELATING TO A PUBLIC LEASEBACK BY AND
BETWEEN THE CITY OF PALM SPRINGS AND THE
CITY OF PALM SPRINGS PUBLIC FACILITIES CORPORATION.
It was moved by Rose, seconded by Field, and unanimously
carried, Beirich absent, that further reading be waived
and that the Ordinance be introduced for first reading.
Council Minutes
7-22-81 Page 10
11 . TENNIS CENTER REQUEST FOR PROPOSALS
Recommendation: That the Council authorize solicitation
of proposals for a concessionaire to operate the
Tennis Center. Details of RFP were reviewed in last (117)
study session.
It was moved by Rose, seconded by Field, and unani-
mously carried, Beirich absent, that solicitation for
proposals be authorized as recommended.
CONSENT AGENDA:
12. Resolution 13896 approving dental insurance program for
executive and management group, and City contribution for (96)
premiums.
13. Resolution 13897 approving final development plans for
Phase III of Gene Autry Hotel , including remodeling front (116)
entry and redoing entry circulation, adding administrative
offices, and removing frontage road, P.D. 58.
14. Resolution 13898 and 13899 approving amendments to
the Allocated Positions and Compensation Plans relating to (61 )
position of Airport Operations Manager and City Clerk.
15. Resolution 13900 recognizing 20 years of communiity service
by the College of the Desert and joining in establishing 1981-82 (74)
as the "Year of the Roadrunner. "
16. Minute Order 2962 consenting to assignment of golf course
snack bar concession agreement to include Jim and Kay Pence (92)
in partnership with current concessionaire Ted De"met.
17. Resolution 139oi authorizing participation in County
contract for purchase of lubricating oils and greases for (123)
1981 -82 fiscal year.
18. Resolution 13902 approving assignment of Sewer Refund
Agreement from Hans Kramer to Johnson, Levine & Co. (Agr (128)
#1624) .
19. Minute Order 2963 approving supplement to Agr #1556 with
CalTrans,concerningg signals at the intersection of Bogie (131D)
Road and Highway 111 .
20. Minute Order 2964 awarding contract for installation of (130)
signal control equipment at the intersection of Tahquitz-
McCallum/Sunset and Sunrise/Mesquite, to Paige Electric
Company, Inc. , in amount of $29,235.
21 . Minute Order 2g65 awarding purchase of 94; tons of (1315)
crack sealing materials to Sahuaro Petroleum and Asphalt
Company, in amount of $58,943.95.
22. Resolution 13903 approving Tentative Tract Map 17047
for property on Twin Palms Drive, between LaVerne Way and
Via Aguila, 109 units, Roberts Group.
23• Resolution 13904 declaring intent to vacate portion of
E1 Placer Road, between Ramon Road and Sunny Dunes, and (145)
setting hearing thereon for September 2, 1981 .
24• Resolution 13905 granting underground utility easement (147)
to Southern California Edison Co. , for' -senior citizen
complex north of Baristo Road.
25• Resolution 13906 granting water line easement to Desert
Water Agency for fire hydrant to be installed in back of (147)
Fire Station #2, north of Tower Road.
Council Minutes
7-22-81 Page 11
26. Resolution 13907 granting underground utility easement
to Southern California Edison Co. , for block bounded by (147;
Arenas, Baristo, Palm Canyon and Indian.
27. Resolution 13908 accepting encroachment permit from
Coachella Valley Water District to construct and maintain (109)
21-ft wide paved bicycle path along the southwesterly
right-of-way line of the Palm Canyon wash, generally lying
between Golf Club Drive and the City Limits.
28. Resolutions 13909 1 13910 13911 and 13912
approving Payroll Warrants and Claims & Demands. (86)
It was moved by Rose, seconded by Field, and unanimously
carried, that Resolutions 13896 through 13912 and Minute
Orders 2962 through 2965, be adopted; Beirich absent.
29. P.D. 110 - DESERT DORADO
Director of Community Development reported that the
Planning Commission had recommended approval of final
developmentplans for the project, but continued to
its meeting of this date issue regarding housing
affordability. He stated that the Commission took
action regarding that issue, however, there was not
sufficient time to prepare a report for the Council (116)
in order to fully detail. the Commission's concerns
and recommendations, and recommended that the Council
continue this item in order to permit time to prepare
the report. He stated that there would be no
objection to approving the Final Tract Map for Phase I
of the project.
In answer to question by Council , Mr. Lapham stated
that he would not object to continuance of the Planned
Development District, but would have serious concerns
if the tract map were delayed.
It was moved by Doyle, seconded by Field, and unani-
mously carried, Beirich absent, that this matter be
continued to August 5, 1981 .
30. PUMP STATION NO. 1 - ENGINEERING CONTRACT CHANGE ORDER NO. 1
Recommendation: That the Council approve Change Order
No. 1 to engineering services agreement with Webb
Engineering, increasing contract $45,000 for redesign
of Pump Station No. 1 . (128)
Director of Community Development reported that in
exploring cost effective alternatives, the engineer
contacted a company which manufactures pre-fab pump
stations and was given an estimate of $400,000, however,
when final specifications were developed and in going
back to the manufacturer, it was found that the cost
estimate was closer to $800,000; that a review was
then made by the engineer to determine whether it would
be more cost effective to proceed with the pre-fab or
a poured-in-place pump station; and that the City Engineer
has agreed that it would be less costly to increase the
engineering contract, taking advantage of the plans and
specifications which would be provided by the manufacturer
than to do the extensive engineering that would be required
for the poured-in-place station. He stated that Webb
20
Council Minutes
7-22-81 Page 12
30. PUMP STATION NO. 1 (Continued)
has apologized for the error and has indicated it would
not have any reluctance if the City chose to seek another
engineer for the work, however, the City Engineer feels
the services have been fair and the City should proceed CONT'D
to have Webb do the work, since any other engineering (128)
firm would be asking, relatively, the same costs.
In answer to question by Council , Director of Community
Development stated that he could not speak for the
firm or offer any excuses on its behalf, however, other
than the Cook Street Plant and the City's Plant., there
are no other sewer plants in the area, and perhaps the
firm did not have the vast background experience in the
design of this kind of proposal .
Councilman Rose stated that he found it extremely difficult
to understand how a sophisticated firm could halve made
such a mistake and found it impossible to see how they
would not not have seen a mistake of this magnitude;
that he did not read any apology in the firm's letter,
but read into it a rather cavalier approach to the
problem; and that he would suggest that serious considera-
tion be given as to whether to retain the firm in the
future.
Minute Order 2966, approving the Change Order, as recom-
mended, was presented; after which , it was moved by
orrner, seconded by Field, and unanimously carried,
Beirich absent, that Minute Order 2966 be adopted.
31 . FINAL TRACT MAPS 17377 and 16581-1 AND FINAL PARCEL MAPS
17192 AND 12937
The following resolutions were presented:
Resolution 13913 approving Final Tract Map 17377, (119 &
for property on Palm Canyon Drive, between San Rafael 137)
and Gateway, 4 lots, Hacker/Temple Construction;
Resolution 13914 approving Final Tract Map 16581-1
for property on Racquet Club Road, between Sunrise and
Aurora, 84 lots, Mainiero/Desert Dorado, Inc. ;
Resolution 13915 approving Final Parcel Map 17192 for
resubdividing property on the NE corner of Cerritos
Road and Tamarisk Road, 4 parcels, Webb/D.J. Prieto; and
Resolution 13916 approving Final Parcel Map 12',937 to
divide property on the west side of Palm Canyon Drive,
north of Vista Chino, 2 parcels, Hallmark/R. Saunders.
It was moved by Rose, seconded by Ortner, and unanimously
carried, Beirich absent, that Resolutions 13913 through
13916, be adopted.
22
Council Minutes
7-22-81 Page 13
REPORTS & REQUESTS:
32. DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Treasurer's Monthly - May, 1981
33. CITY COUNCIL reports or requests
a) Councilman Rose stated that he believes there is no
future for the Sun Surrey; that it was a correct and
appropriate decision made by the Council at the time;
and that he recommended that, as a signal to the com-
munity, the lawsuits filed be dismissed and that the
assessments and penalties collected be refunded by
whatever manner is determined acceptable. He commented
on the trauma and financial hardship placed on people who
are sued, and indicated that his motives for his recom-
mendation relate to empathy with a frightened defendant;
a desire to save someone from having to hire an attorney
and file a response in court; an effort to calm an
outraged citizenry; and an opportunity to allow the
Council to get on with its job. He stated that the
Council should, at the very least, let those who have
been sued know that they do not need to hire an attorney
and file a response in court.
Mayor stated that given the sentiment of the community
last June and the high percentage of opposition to the
program, the idea of an ad hoc committee was an opportunity
for, those who felt the program was viable to see if there
was something Which could be done about it; that staff
has been requested to provide information to the Council
by August 5, 1981 , relative to option regarding funding
areas if the Council desired to refund the assessments
and legal issues which need to be considered; and that (133)
the City Attorney was instructed to delay any future
litigation, pending said information to the Council .
Councilwoman Ortner stated that since the Mayor has
done so much to try and bring about a resolution, and
recognizing that the City Attorney is addressing the
legal questions, she regretted that the issue was
raised at this time, rather than waiting two weeks for
the information.
No action taken.
b) Mayor rquested staff to investigate cause of brown
spots on median island on Tahquitz-McCallum Way.
34. PUBLIC reports or requests - None
35. STAFF reports or requests
a) Abatement Proceedings & Accounting Report filed regarding
abatement of abandoned building at 1580 N. Indian Avenue, (57)
hearing thereon to be set by City Clerk for August 5,
1981 .
ADJOURNMENT
There being no further business at 10:10 p.m. , Mayor declared
the meeting adjourned.
NORMAN R. KING
� tCler
BY: JUDITH SUMICH
�,Aeputy City Clerk