HomeMy WebLinkAbout10/14/1981 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
OCTOBER 14, 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, October 14, 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 Rev. George Whitney, St. Paul 's in the Desert.
COMMUNITY REDEVELOPMENT AGENCY: No business
APPROVAL OF MINUTES:
It was moved by Field, seconded by Beirich, and unani-
mously carried, that the minutes of September 2, 8, 16
and 29, 1981 be approved.
PUBLIC HEARINGS:
1 . GENERAL PLAN LAND USE ELEMENT - TAHQUITZ CREEK SPECIFIC
PLAN
Recommendation: Planning Commission recommends considera-
tion of Specific Plan, implementing the General Plan Land
Use, Open Space, Conservation, Park and Recreation Elements
on property within the Tahquitz Wash from Tahquitz Canyon
to the easterly City Limits, W and W-R-1-C zones, in
Sections 19, 20, 22, 23 and 24.
Richard Smith, Eisner-Smith & Associates, consultants
which developed the plan, stated that documents have been
submitted to the City in sufficient detail to enable staff
to proceed with implementation, whether through private (101 )
or public improvement. He displayed slides showing
various designations, cross-section showing the flood
plain, potential for arboretum, trails, historic sites,
and explained the various color coding on the maps,
In answer to question by Council , Mr. Smith stated that
the additional language proposed for addition to the
plan was developed by staff and the Planning Commission;
that he did not subscribe to it, nor object to it, but
beieved it was more political policy than a planning
matter; that it is a policy issue whether a golf course
is appropriate in the area; that he believed it was
possible to prevent a golf course in the flood plain
area, if that were desired; that he did not believe it
was a bad use for open space, but was not in keeping
with the policy to keep the area open and natural ; that
the report is in keeping with the guidelines given 'chat
the area was to be natural - meaning without green space -
and the plan had been well underway when the golf course
issue came up; that if less restrictive guidelines had
been given, he could recommend a golf course; that the
POST Committee was very adamant about keeping the area
in a natural state; that the additional language provides
that other than a natural state should be considered,
if such is an open space use, and is applicable to the
entire area and not just for an individual situation;
?98
Council Minutes
10-14-81 Page 2
1 . GENERAL PLAN LAND USE ELEMENT - TAHQUITZ CREEK SPECIFIC
PLAN (Continued)
that there is more potential for enjoyment of the area if
it is left in a natural state, but the question remains
whether it is public or private ownership; that if a golf
course is allowed, it raises questions about fencing and
security and the ability for a person to walk in the area; and
that once it: is adopted, it is possible the plain can be
accomplished through POST seeking funds and the City seeking
grant funds that may be available.
Director of Community Development reported that: Community
Services Commission recommends adoption of the plan as
written; that the Planning Commission recommends adoption
of the plan with certain additions, as outlined in proposed
resolution; that the Planning Commission did riot necessarily
endorse the pending golf course project, but wanted to leave
the door open to consider it as a viable use in the flood
plain; that a good deal of the area has been abused, and the
Commission believed it would not remain a beautiful natural
area if no one did anything to preserve that and it did not
want to close the option of the City participating with
private development in maintaining some of those areas;
and that the Commission's perspective was clean that public
uses in a golf course would be primary uses, and not secondary
uses.
City Manager stated that it was recognized by staff that
completion of the plan would be coming together at about
the same time as the Trenchard golf course project, which CONT'D
would result in discussion of some important trade-offs (101 )
and values, and its intent: was to combine consideration
of the two projects to the extent possible, and to that
end the process was successful , in that both have been
considered, and the Planning Commission has given specific
recommendation for language to deal with that; that the
flood plain can be protected to a certain point, but
without ownership of it, the focus becomes some sort of
density trade-off; that to the extent the City does not
have funds to purchase the land, it should be recognized
that it would be difficult: to prohibit someone from con-
structing dikes to keep some of the area out of the
flood plain; and that that relates to the other trade-off
involved, natural state vs. uses in keeping with open
space, such as golf courses, and the cost to obtain the land
and rehabilitate it to a natural state in some instances -
all of which are budgetary items that have not been addressed
in terms of designating funds for that purpose at this time.
In answer to question by Council , he stated he favored the
Planning Commission recommendation.
Director of Community Services stated that the area between
Sunrise Way and E1 Cielo is the heart of the plan and
whatever takes place in that area sets the theme for the
park; that it cannot be converted into a park -if a golf
course is allowed; that the idea of the park was also
to establish a show place of aesthetic values for both
the local and tourist communities; that it would serve
as a demonstration project for desert landscaping; and
that the golf course project proposes some desert garden
strips, but he viewed that as artificial .
In answer to question by Council , Director of Community
Development stated that he believed there were sufficient
controls to preclude extensive intrusion into the area; and
Council Minutes
10-14-81 Page 3
1 . GENERAL PLAN LAND USE ELEMENT - TAHQUITZ CREEK SPECIFIC
PLAN (Continued)
that which is being proposed is not dictating that any
particular plan seen to date is necessarily ready for
approval , and if such did not go far enough to provide
the natural state being sought, it can be denied.
Mayor declared the hearing open.
Alec Chobotuk, 3841 Calle de Ricardo, spoke in support of
the Community Services Commission recommendation, and
stated that golf courses pose a threat to water supplies.
Rod Hanway, project olanner for VTN, Tribal Council planning
consultants, stated that the plan has merit, but from an
implementation standpoint, raises anxieties for the Tribal
Council ; that 42$ of the study area is Indian-owned land,
predominantly the canyon and cone area ; that the Tribal
Council does not see how the plan will be implemented;
that the Planning Commission and City Council appear to
be having difficulty in interpreting the plan with regard
to a specific project, i .e. , the Trencbard golf course;
and that a clear understanding is needed so that the
landowner will know whatis expected of them and what
value their land has for future development or future
public use. He stated that Section 20 was rezoned to
M-1-P, yet the plan shows commercial recreation usage,
and he understood that the Planning Commission was going
to recommend this area be deleted from the plan because CONT'D
of conflict between commercial recreation and industrial (101 )
uses; that there is also concern as to the status of
parcel in Section 22, recently changed to R-3; that the
Tribal Council has consistently requested delays of this
matter until these issues are resolved; that given the
importance of the plan, there should be dialogue on the
mutual concerns prior to adoption of the plan, what its
impacts will be and how it will be implemented; and that
the Tribal Council believes the plan has much merit, and
that there are desert elements which should be preserved,
but prior to adoption of preservation, it wants a clear
understanding of the intent of the plan.
In answer to question by Council , Mr. Hanway stated that
the matter is at a point where specific questions can be
made to the people who prepared the report, and based on
responses thereto, a recommendation can be made.
Council Minutes
10-14-81 Page 4
1 . GENERAL PLAN LAND USE ELEMENT - TAHQUITZ CREEK SP17CIFIC
PLAN (Continued)
Allen Perrier, 225 S. Civic, representing Mrs. Germaine
Rados, owner of 7 acres east of Sunrise, stated that
his client was not given notice of the General Plan
amendment; that his client will be prevented from
building houses authorized to do so under the present
zoning; that she is permitted to building barricades
to protect against a 100-year flood; that the proposal
would result in different rules that would prevent her
from protecting her property; that if the effort is
to change the zone, the property should be purchased;
and that the Council should continue this matter, in
order to permit her case to be presented.
Director of Community Development stated that the State
Planning Law requires a general plan and provides certain
mandatory elements and gives ability to adopt other
elements; that the proposed element is a special element
which can be adopted, does not supercede zoning, and
establishes overall goals; and that the zoning would
be secondary action which comes into conformance with
the general plan.
City Attorney stated that notice of hearings was as CONT'D
prescribed by law. (101 )
Peter Trenchard, 640 N. Indian, stated that he has an
application pending before the Planning Commission for a
golf course in this area; that he controls the property
in question which would permit an effective density
trade-off; and that they desire to have a golf course
with 29 acres in a natural state.
There being no further appearances, the hearing was
closed.
Councilman Rose stated that he believed it would be
appropriate to continue this matter, enabling discussion
with the Tribal Council on October 27, but wished his
position clear that he would oppose language proposed
to be added by the Planning Commission to Page 48
of the report; that the Community Services Commission
and POST's positions are clear; and that he dirt not think
it appropriate to allow in-roads into a good plan.
Councilwoman Ortner stated she had no objection to a
continuance; that she believed the plan was beautiful ;
that she did not see how the City could afford it,
without independent groups sponsoring it as an on-going
project; that she thought it was an innovative plan,
but will take many years to fulfill ; and that she did
not think the City could turn its back on the private
sector.
Mayor suggested that this matter be continued to November 4,
in order to permit time to respond to any comments; and
at that time, it be re-opened for hearing.
It was moved by Ortner, seconded by Rose, and unani-
mously carried, that this matter be continued to
November 4, 1981 .
Council Minutes
10-14-81 Page 5
2. GENERAL PLAN AMENDMENT - MASTER PLAN OF SEWERS
Recommendation : That the Council approve amendment to
the Master Plan of Sewers to change the direction of
flow in Arenas Road, between Sunrise Way and Hermosa
Drive, and delete 330 ft. of an 8-in. line in said street.
Mayor declared the hearing open; there being no appearances, (101 )
the hearing was closed.
Resolution 13994, amending the Master Plan of Sewers, as
recommended, was presented; after which, it was moved
by Rose, seconded by Beirich, and unanimously carried,
that Resolution 13994 be adopted.
3. SIGN VARIANCE APPEAL - UNION OIL
Recommendation: Consideration of appeal by Union Oil from
Planning Commission denial of variance to install gasoline
rate signs at two service stations in the City (item con-
tinued from September 16, 1981 , at request of applicant) . (131 )
Director of Community Development stated that the request
was based on fact that spherical shape of national logo
did not lend itself to a one-sign design solution; that staff
felt there were design solutions which could maintain a
company logo and meet overall Sign Ordinance criteria;
and that in response to letter received this date, a copy
of which is on file in the Office of the City Clerk., he
stated that the City did not offer design solutions, that
neither the staff or Commission said that the existing
signs were illegal , and that compliance with the State
law provision is not mandatory.
Mayor declared the hearing open.
R.C. Gossett, representing Union Oil , stated that there is
no way to have the rates incorporated into the existing
sign without having to rebuild the monument sign, at an
approximate cost of $5,000 per sign; that the spherical
logo concept would be lost; and they would like to comply
with the State law.
In answer to question by Council , whether the logo can be
integrated with rates into one sign, Mr. Gossett stated
that some other kind of identification will mean a loss
of national identity.
There were no further appearances, and the hearing was closed.
In answer to question by Council , Director of Community Develop-
ment stated that combining the logo and rates is a matter of
creative designing, and 'he believed it could be accomplished.
Councilman Rose stated that he thought a smaller logo was
something that could be lived with, and that he felt the
ordinance should be amended to allow special signs for
rates; and that he would favor allowing the appeal only
because he believes separate price identification should be
allowed.
02
Council Minutes
10-14-81 Page 6
3. SIGN VARIANCE APPEAL - UNION OIL (Continued)
Councilwoman Ortner stated that she liked the monument
signs, and believed an attractive sign could be developed
which included the logo and rates, and that she favored
supporting the Planning Commission action.
Councilman Beirich stated that he found it difficult CONT'D
to believe that a major oil company could not develop (1.11 )
a design to meet the circumstances ; and that it was
important that the appellant not think that the City
will help design it.
It was moved by Beirich, seconded by Ortner, and
carried by the following vote, that the appeal be denied,
and that the Planning Commission action be upheld:
AYES: Beirich, Field, Ortner & Doyle
NO: Rose
ABSENT: None
4. C.U.P. CASE 5.0106 - WESTERN VENTURES
Recommendation : Consideration of appeal from Planning
Commission imposition of two additional conditions in
granting an extension of conditional use permit to (78)
Western Ventures, Inc. , for a 190-unit, 6-story resort
hotel on South Indiian Avenue, between Tahquitz-McCallum
Way and Arenas Road.
Director of Community Development stated that conditional
use permit was granted in March, 1980, and that applicant
had one year in which to exercise it, as well as ability
to request a continuance; and that t: a Planning Commission
found that there had not been any substantial changes, but
because of new legislation, it added conditions regarding
drainage and mitigation measures for the relocation of
tenants in the mobilehome park, who will be displaced
by the project..
In answer 'to question by Council , Director of Community
Development stated that the Council has the discretion
of overruling the Planning Commission and denying the
extension, since it was not applied for within the one
year period; and that he was confident that i•f' the
applicant werejto have to start over, that the Commission
would add those conditions as part of the process in any
event.
Mayor declared the hearing open.
Allen Perrier, attorney representing appellant:, stated that
he did not believe that anyone was dissatisfied with the
project approved by the Commission; that tenants in the
trailer park were notified almost two years ago that
there was going to be change in use of the land, and have
had more than adequate notice; that the appeal is from
the two conditions added in granting the extension; that
there is considerable precedent about granting extensions
after the fact; that the first condition relates to conforming to
the storm drainage , program, and he believed it is premature
to impose a condition on a plan that: has not been adopted
nor fees enacted, and for which there would not be any
requirement that the line be built according to staff com-
ments, and that parcel is Indian land, with final decision
by the Tribal Council with respect to that matter; that
Council Minutes
10-14-81 Page 7
4. C.U.P. 5.0106 (Continued)
regarding the mobilehome mitigation measure, the State
law was changed after the permit was granted, and it
requires submittal of a report to the City as the
project relates to the consequences to the owners with
some ultimate payment to be set; that it is a condition
upon which there is no control ; that it does not skate
what the consequences of the study will be or how it
will affect the developer; that if there were a specific
amount that had to be paid at the time of obtaining a
building permit, the applicant would be willing to do
so; that if the project was sound when approved, it
makes sense to go forward with the project; and that
therelis no subdivision process involved which would
invoke the drainage fee, and he urged that the two
conditions be set aside, and the project be allowed to
proceed. CONT'D
Alec Chobotuk, 3841 Calle de Ricardo, stated he was (78)
shocked that a 6-story structure would be allowed.
Councilwoman Ortner noted that under the
Indian Zoning Ordinance, a 10-story structure is
allowed, and felt it was a credit that the structure
was limited to six, when it could legally have been ten
stories.
There being no further appearances, the hearing was closed.
In answer to question by Council , City Attorney sta;;ed that
although arguments could be made, he believed the two addi-
tional conditions could be added under the circumstances.
In answer to questions by Council , Housing Coordinator
stated that under the mitigation measure, a study would
be performed to analyze financial hardship and moving
expense that certain tenants would experience as a result
of being displaced; that Mr. Perrier had indicated there
would be no objection to payment of it were less than
$20,000, but the exact amount could not be determined
without the study; that the measure is prescribed by
State statute and is permissive rather than mandatory;.
that notice was given to the tenants about 16 months
ago; that the legislation became effective January "I ,
1981 ; that as a result of the AFCOM studies, the approxi-
mate number of people is known, but not the financial
condition, since that was not a part of its study; and
that the Council could determine how much would be set,
which the developer would pay to cover moving expense for
only those who could not afford to pay it on their own.
Councilman Rose stated that there must be uniform applica-
tion of requirements and consistency that what is required
in one area is likewise required in another; that he believed
the Planning Commission action should be supported and the
appeal denied; that he would anticipate that if the Planning
Commission action is upheld, an appeal would be made to the
Tribal Council , and based on past experience, withou'c
exception, he would be uncomfortable with the expected
outcome; that he would favor not allowing the extension,
and requiring a new approval , recognizing that such action
could still be appealed to the Tribal Council , but it would be
in a different context. His motion to overrule the Planning
Commission's granting of extension of the CUP failed for lack of
a second.
Council Minutes
10-14-81 Page 8
4. C.U.P. 5.0106 (Continued)
In answer to question by Council , City Attorney stated
application of local regulations affecting Indian Land
is a matter of contract with the Tribal Council , and
without the contract those could not be imposed; and CONT 'D
this would be a matter which could be appealed to the (78)
Tribal Council .
Councilwoman Ortner stated that she favored the condition
regarding drainage, but was not in favor of the mitigation
study, since she felt enough had already been done in that area.
It was moved by Beirich, seconded by Field, and unanimously
carried, that the Planning Commission action be upheld and
the appeal be denied.
5. SIGN VARIANCE APPEAL - P.S. OIL CO.
Recommendation: Consideration of appeal from Planning
Commission denial of sign variance regarding size of
numbers and letters for price and grade of gasoline
signs for two service stations in the City.
Director of Community Development reported that the
variance was applied for in order to allow larger sized numbers and
letters than allowed under guidelines established by
the Planning Commission,and reviewed the reasons cited
by the appellant as to why the variance request should
be granted, as outlined in detail in his report of
October 14, 1981 . He stated that the traffic engineer
and a local optometrist have stated that a 6-inch (131 )
letter (that established by the Commission) should be
visible 300-480 ft. by a person of normal vision; and
that the State law only requires that the sign be visible
from property adjacent to the street.
Mayor declared the hearing open; there being no appearances,
the hearing was closed.
Councilman Rose stated he does not think a 10-'inch letter
is unreasonable, and that the rate signs should be separately
considered from the main sign.
It was moved by Field, seconded by Ortner, and carried by
the following vote, that the appeal be denied and that the
Planning Commission 's denial be upheld:
AYES: Beirich, Field, Ortner & Doyle
NO: Rose
ABSENT: None
6. STREET VACATION - MAC CARTHY ROAD
Recommendation: That the Council order the vacation of
a portion of MacCarthy Road, from Radio Road to Las Vegas
Road, pursuant to declaration of intent adopted September (145)
2, 1981 .
Mayor declared the hearing open; there being no appearances,
the hearing was closed.
Resolution 13995 was presented, after which, it was moved
by Beirich, seconded by Rose, and unanimously carried,
that Resolution 13995 be adopted.
7. 8TH YEAR. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Recommendation: That the Council establish priorities (85)
for 8th year CDBG program funds.
Housing Coordinator reported that neighborhood meetings
have been held and as a result thereof numerous preferences
Council Minutes
10-14-81 Page 9
7. 8TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (Continued)
for expenditure of the funds were expressed, as detailed in
his report of October 14, 1981 ; that the Community Services
Commission also held public hearings, and have submitted
recommendations to the Council ; that homeowners in the
Veteran 's Tract have indicated willingness to participate CONT'D
in an assessment district to install street improvements; (85)
and that staff recommends establishing priorities fo•r
entitlement funds, as follows :
Veteran 's Tract & NW Section 23 area Street
Improvements $205,000
Home Improvement Program 35,000
Administration & Planning 30,000
$270,000
and competitive discretionary funds, as follows :
Expanded rehab program to include mobilehomes
and apartments 150,000
Off-site assistance for AFCOM/City mobile-
home relocation project 250,000
Reading machine for the blind 45.000
In answer to question by Council , he stated that general survey
forms were distributed, showing different types of projects
which could be considered; that some projects suggested
are questionable, but could be handled through other
funding sources.
City Manager stated that the reading machine is possibly
a project which could be considered by the Friends of
the Library, however, it might require several meetings
to work through that decision.
In answer to question by Council , City Manager stated
that the assessment district approach would be desirable;
that it will be referred to in the grant application, but
the grant will not be locked to it, so that if the district
did not materialize, some portion of the project could be
addressed.
In answer to questions by Council , Housing Coordinator
stated that discretionary funding projects are approved
by the Board of Supervisors, and are in competition with
other projects in the County, which is not the case in
entitlement funded projects.
Mayor declared the hearing open.
Debbie Udow, 656 Desert Way, spoke in favor of the street
improvements in the Veteran ' s Tract, and presented petitions
for the assessment district, purported to be signed by
61% of the owners in the district.
Michelle Abernathy, 641 Highland, urged that if the
district does not proceed, that funds be used to improve
streets in the area which have the greatest deterioration,
in particular, the four-blocks on either side of Highland.
There being no further appearances, the hearing was
closed.
Resolution 13996, establishing priorities, as recommended,
was presented, after which, it was moved by Beirich,
seconded by Ortner, and unanimously carried, that Resolu-
tion 13996 be adopted.
Council Minutes
10-14-81 Page 10
8. P.D. 108 - UNITY IN THE DESERT CHURCH
Background: On September 2, 1981 , Council returned
recommendation to approve final development plans for
church parking lot to the Planning Commission for
reconsideration of condition regarding turf parking;
Commission has reaffirmed its recommendation; and the
applicant requests Council approve condition Ito meet
City Codes to allow paved parking.
Director of Community Development highlighted Planning
Commission 's reiteration of its previous recommendation
that the parking lot be turfed rather than typical
asphalt surface.
Mayor declared the hearing open.
George Ritter, architect for the project, stated that
the applicant did not find the use of grass suitable;
that it is difficult for walking on, particularly,
high-heeled shoes; that cars cause ruts to be cut
into the grass; that maintenance costs will increase (116)
because of additional watering, mowing, and reseeding;
that the lot would not be usable for a 2-3 week period
during re-seeding; and that weed-killer spraying is
required for striping. He stated that the Planning
Commission also required a special agreement for
maintenance of the lot.
There being no further appearances, the hearing was
closed.
Councilman Rose stated that he was impressed with the
exterior landscaping and the wall which hides the lot;
that the lot is only visible through the driveway
openings ; and that he did not believe it would be a
detriment to the surrounding R-1 zone.
Director of Community Development stated that the
maintenance agreement relates to the entire lot and
not just the turfed parking.
Resolution 13997, approving final development plans,
was presented; after which, it was moved by Rose,
seconded by Beirich, and carried by the following
vote, that Resolution 13997 be adopted, subject to
revision of Section 3 thereof to require asphalt
paving of the lot:
AYES: Beirich, Field, Rose & Doyle
NO: Ortner
ABSENT: None
PUBLIC COMMENTS :
a) Bill Smith, 2263 Los Patos, stated that he agreed
with recommendation to award taxicab license agree-
ment to Desert Cab Co. , but not on an exclusive (143)
basis ; that he questioned whether the cabs have been
inspected by the City; and that he felt the City would
be in the same position it was recently if an exclusive
license agreement is granted.
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Council Minutes
10-14-81 Page 11
PUBLIC COMMENTS (Continued)
b) Christopher Hickey, 1111 N. Palm Canyon, attorney
representing City Cab, submitted letter dated
October 14, 1981 , in support of City Cab's applica- (143)
tion and stated that multiple competition would
provide better service for the City, and provide
an immediate alternative should one company not
succeed.
c) James Darnell , 2231 Volturno, stated that he believed
competing cab service would result in better care
of vehicles and better service in the City; and that (143)
he contacted several hotels and merchants, who
indicated agreement with his view.
c) Lee Ogden read a letter from a dissatisfied (143)
customer of Desert Cab Co.
d) Pauline Smith, Prescott Drive, requested that the
Council not consider the use of Sun Surrey for any
purpose.
LEGISLATIVE ACTION:
9. DESERT CHAPEL - PERMIT FEE DISCOUNT REQUEST
Recommendation: That the Council deny request by Desert
Chapel to grant a 50% discount in permit fees in con-
nection with a multipurpose/cultural hall .
Director of Community Development stated that the (112)
development tax was already waived per City ordinance,
and that there is no provision to grant the additional
waiver that has been requested; that although some
exemptions were granted by staff many years ago, there
has not been any exemptions granted in recent years ;
and that the Chapel paid full fees, except development
tax, when it was first constructed.
Councilwoman Ortner stated that she would support denial
of the request since there has never been Council action
to grant same; and that she felt the Mayor should advise
the appellant that any prior exemptions were done by
staff and not the Council .
Mayor stated that he understood the request was made
in hopes the Council would appreciate funding problems,
and fact that the use would be for the community.
It was moved by Beirich, seconded by Rose, and unanimously
carried, that the request be denied.
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Council Minutes
10-14-81 Page 12
10. SEWER MAIN INSTALLATION EXEMPTION - H. BERRY
Recommendation: That the Council approve an exemption
at this time, from requirement to install sewer main
for 4-unit apartment complex on Junipero Avenue, north
of Cabrillo Road, subject to covenant running with the
land to participate in any future assessment district
for installation of sewer mains in the area.
Director of Community Development stated that the (1P8)
applicant is required to install a dual-sewer system,
and in connection with that, 1900 ft. sewer main;
that the applicant has request an exemption based
on extreme financial hardship (a cost of $69-75,000) ;
and that the staff agrees with the request and recommends
approval .
Resolution 13998, approving the exemption subject to
condition, was presented; after which, it was moved
by Beirich, seconded by Field, and unanimously carried,
that Resolution 13998 be adopted.
11 . GENERAL PLAN STREET PLAN STUDY
Recommendation: That the Council approve agreement
with JHK & Associates for a comprehensive study of
the City's General Plan Street System, in amount of
$48,912.
Minute Order 2998, approving the agreement as recom-
mended, was presented; after which, it was moved by
Rose, seconded by Beirich, and unanimously carried,
that Minute Order 2998 be adopted. (101 )
12. CRUZ SIVA RESIDENCE - DOMESTIC WATER LINE
Recommendation : That the Council award contract to
Massey Sand & Rock Co. , for 3-inch PVC domestic water
line for residence in Section 2, in amount of $6,692.
Minute Order 2999, awarding contract: as recommended, (147)
and Resolution 13999, amending the budget to appropriate
necessary funds, were presented; after which, it was (61 )
moved by Field, seconded by Beirich., and unanimously
carried, that Minute Order 2999 and Resolution 13999
be adopted.
13. C.U.P. CASE 5.0090 - M. DRAGICEVICH
Recommendation: Planning Commission recommends approving (78)
final CON zoning for shopping center currently under, con.-
struction at E. Palm Canyon and Bogie Road.
City Clerk read title of Ordinance, as follows :
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING MAP BY
REZONING CERTAIN PROPERTY AT THE SOUTHEAST
CORNER OF EAST PALM CANYON DRIVE AND BOGIE:
ROAD FOR SHOPPING CENTER PURPOSES, FROM R••3
TO C-D-N, SECTIONS 29 & 30 T4S, R5E.
It was moved by Beirich, seconded by Rose, and unanimously
carried, that further reading be waived, and that the ordinance
be introduced for first reading.
Council Minutes
10-14-81 Page 13
14. INDIAN LAND ZONING - SECTION 18
Recommendation : After reviewing Tribal Council request
for zone change in Section 18, Ramon Road south of the
Airoort, Planninq Commission reiterated its previous
recommendation to change the zone of the westerly portion
from R-2 to M-1-P.
City Clerk read title of the ordinance, as follows : (149)
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING MAP BY
REZONING CERTAIN PROPERTIES OF INDIAN TRUST
LAND IN SECTION 18, T4S, R5E.
Motion by Rose, seconded by Field, to waive further
reading and introduce the ordinance for first reading,
failed to carry by the following vote :
AYES : Field & Rose
NOES: Beirich & Doyle
ABSENT: None
ABSTAIN: Ortner
In answer to question by Council , City Attorney stated
that the ordinance is not introduced, and the zoning
remains as in effect.
15. SUN SURREY DISPOSITION
Recommendation: That the Council disestablish the Central
Corridor Business Improvement Area Advisory Board; notify
Sunline of intent to exercise buy-out provisions of Sun
Surrey bus agreement; authorize staff to advertise sale
of the buses; and appropriate additional funds to cover
final additional costs to modify and equip the buses ( 60,
purchased for the Surrey operation. 61 &
City Manager stated that if City funds were to be involved 133)
in sustaining some form of the surrey, it should be based
on an indication of support to sustain a portion of that
cost; that there is no inclination on the part of the
business community to pay any costs ; add he was not _
recommending that any City funds be used to continue
the operation.
Councilman Beirich stated that merchants who had to pay
for the district do not want it, but he did not think
it would true that they would not want it if they did
not have to pay for it, nor did he think that was true
of people who used it; that absent the assessment district,
it is a viable transportation system, does .not compete
with SunBus, but serves to complement it, as reported by
SunLine Executive Director at the last study session;
that he would suggest that the ordinance dissolving the
board be adopted, and that the City's representative to
SunLine be instructed to endorse and support SunLine in
securing proper funding along with farebox revenues
to pay for a certain number of months of operation; and
that if the program were successful , it might be possible
to acquire additional grant funds or, perhaps, different
buses which would be more to the liking of what the
Chamber of Commerce had initially supported, but it would
at least be under the control of the transit agency.
:3 I
Council Minutes
10-14-81 Page 14
15. SUN SURREY (Continued)
Councilman Rose stated that he thought the program was one
of the most forward projects coming out of the Council ;
that he would like to see anything possible clone to allow
it to continue for a sufficient period of time to determine
if it can be viable, in a manner differently presented
to the public; that he has concerns as to what: will happen
if there are no County Transportation funds after the first
year, and that matter will have to come back to the Council
to try and make something workable; and that he did not
think the merchants would ever be convinced to support it CODrr'D
financially. (60, 61
&1:33)
Executive Director stated that he felt it would be counter-
productive to look beyond next year; that he would like
to operate the system for one more year, during which some
things may be found to change opinions as to the success or
failure of the program; that changes at the State and Federal
level are constant, and there may be SB 620 funds available
in sufficient quantity to operate the system in future years;
and suggested that during the coming year, there may be
discussions with the merchants,who agreed with the project,
to look at portions of funding from various avenues and
placing those to support the system. He stated that he
believed there was much that can be done to encourage use
of the surrey.
Mayor stated that he agreed the board should be dissolved;
that he would like some reaction on the part of the
SunLine Board that it would accept the system as part of
the total system, and deal with public reaction relating
thereto; that it will have to reach agreement that the
system has merit to operate for another year; and that if
the Board does not agree with that perception,, then the
matter will have to come back to the Council , and decision
made to sell the buses. He suggested that perhaps SunLine
could have this item on its next agenda.
Councilwoman Ortner stated that she could see the value
of what was being suggested, but was not convinced of the
true dollar value to the merchant; and that she should
not support such a suggestion.
Councilman Beirich stated that his comments are prefaced
with fact that he was notsuggesting that there ever be an
assessment district set up again, or that dollars be
obtained from people in the community unless they wanted
to donate them, but sees this rather as a means of providing
a link in the transportation system and SunLine picking up
the request, at no cost to the City and with a possible
savings to the City over the years since it would not have
to buy-back the buses.
Councilman Field stated that the proposal has a fail-safe
and can be quickly stopped; that he believes it will
serve that which is trying to be accomplished; that there
are funds to be expended in dismantling the program and
eliminating it, and the test is worth doing if' those
costs can be converted into a savings; and that he would
underline the need to explain and market the program.
City Clerk read title of Ordinance, as follows :
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DISESTABLISHING THE CENTRAL
CORRIDOR BUSINESS IMPROVEMENT AREA ADVISORY
BOARD AND REPEALING CHAPTER 2.24 OF THE PALM
SPRINGS MUNICIPAL CODE, WHICH CREATED SAID BOARD.
Council Minutes
10-14-81 Page 15
15. SUN SURREY (Continued)
It was moved by Beirich, seconded by Field, and unanimously
carried, that further reading be waived, and that the
Ordinance be -introduced for first reading.
It was moved by Beirich, seconded by Rose, and unanimously
carried, that the City's representative to the SunLine CONT'D
Board be instructed to bring to it, and strongly suggest, (60, 61
that it explore appropriate funds to operate Sun Surrey & 133)
as part of the Transportation System for one year.
Mayor stated that if SunLine does not agree to accept the
project, that the matter will come back to the Council .
City Manager noted that the additional funds to cover
final additional costs -to modify and equip the buses,
regardless of disposition; after which, it was moved
by Beirich, seconded by Rose, and unanimously carried,
that Resolution 14000, amending the budget. be adopted.
16. P.S. MARATHON
Recommendation : Community Services Commission recommends
approving City co-sponsorship of the Palm Springs Marathon
and appropriating $7,420 to cover related manpower and
equipment costs.
Minute Order 3000, approving co-sponsorship and (120)
authorizing expenditure, and Resolution 14001 , amending (61 )
the budget, were presented; after which, it was moved
by Rose, seconded by Beirich, and unanimously carried,
that Minute Order 3000 and Resolution 14001 be adopted.
17. TAXICAB LICENSE AGREEMENT
Recommendation : That the Council grant an exclusive
taxicab license agreement to Desert Cab. Inc. for five-
year period ending October 14, 1986; approve taxicab
rates; and provide for rate adjustment for fares tied
to gasoline cost.
Transportation Director stated that his report, dated
October 14, 1981 , was reviewed in detail at the last
study session, which traces background of service back
to 1978; outlines procedures followed in receiving
applications; outlines applications received, evalua :ion, (143)
and ranking of each; and recommendation to grant the
exclusive license agreement to Desert Cab, For the
reasons outlined therein, He stated that each applicant
sought an exclusive license, and set service levels and
shifts on that basis; that City Cab had said that it
would be willing to discuss a competitive agreement,
but did not spell that out in the application; and that
if the greatest number of cabs offered (14) were split
into agreement, considering an equal reduction for
off-season, it did not appear that both would be
economically viable.
In answer to questions by Council , Transportation Director
stated that there is no specific requirement concerning
age of the vehicles, but each must meet the criteria
for vehicles standards in terms of maintenance and
appearance; that 8 vehicles have been offered with an
increase to 14; that service level is set at 85% response
within 15 minutes; that he has observed Mrs. Grannis
driving cabs, and is aware that she has regularly served
as dispatcher and administrator of the business; that in
talking with Mr. Jack Shaw, in his opinion, he has had
substantial experience in vehicle maintenance, garage operations,
and the cab business itself; that Mr. Smith asked that a
Council Minutes
10-14-81 Page 16
17. TAXCICAB LICENSE AGREEMENT (Continued)
competing -Franchise be reconsidered., but he did not address
how many cabs would be provided; that Mrs. Grannis did not
feel there was room for competing agreement, at least in
the early stages, and she would 'nave to do a restudy to
determine her willingness to resubmit for a competing
arrangement; that he did not recommend a competitive
arrangement at this point; that Desert Cab is carrying
PUC requirement insurance limits, the City is named
as additional insured, and it did not take exception
to that required in the agreement; that a certificate CONT'D
of compliance will be provided every six months from (143)
an independent garage which meets CHP requirements; and
that the application provided that 8 cabs would be provided
immediately, with 14 by January 1 , 1982.
City Manager stated that the understanding was that
the 14 cabs would be here by January 1 , 1982.
Mayor stated that he felt there was much for the Council
to absorb, and it should not be hurried into a decision,
until it is satisfied that the subject has been thoroughly
researched.
Councilman Rose stated that the contract calls for it to
take effect immediately, and if intent is to have 14 cabs
by January 1 , 1982, it should be amended to reflect that;
that he felt there should be something in the agreement about
new vehicles within a period of time; and that considering
the problems faced in the past, a competition arrangement
makes sense and there would be nothing to lose, but a
great deal to gain.
Councilman Beirich stated his concerns relate to Article 4
(Shift Fee) and why the Council should get involved if
there is a change in shift fee; Article 7 (Safety and
Contractual ) in that he wants to make sure there is no
misunderstanding as to what everyone is talking about
and he has questions as to how that will be enforced
in the in-between period; andArticle 9 (Reports) in
that he wants to make sure what is being asked for can
be used, and what its purpose is and that it is a
reasonable task with which the operator can comply.
Councilman Field stated that he would like copies of
all proposals.
It was moved by Beirich, seconded by Rose, and unanimously
carried, that this matter be continued to October 28,
1981 , pending further review in study session.
18. PROPOSED USE OF BAIL-OUT FUNDS
Recommendation: That the Council amend the 1981-82 budget to
appropriate previously unbudgeted bail-out funds.
City Manager stated that the appropriations cover one-time
items and not operating costs, with exceptions regarding
Community Affairs Officer and Operations Analyst, as outlined
in his report of October 14, 1981 .
Resolution 14002, amending the budget as recommended, was (61 )
presented; after which, it was moved by Field, seconded by
Rose, and unanimously carried, that Resolution 14002 be adopted.
Council Minutes
10-14-81 Page 17
19. ASSESSMENT DISTRICT 138 - BOGERT TRAIL BRIDGE
Recommendation: That the Council determine sufficiency
of petition; approve agreement with ASL Consulting
Engineers for design; approve agreement with Converse,
Ward, Davis, Dixon for geotechnical services; and appro-
priate necessary funds.
City Manager stated that the budget amendment provided (56)
$250,000, to cover City's "up front" share of Bogert
Trail Bridge, which is to be recovered from future
development in the district.
Minute Orders 3001 and 3002, approving the agreements,
and Resolutions 14003 and 14004, determining sufficiency
of petition and amending the budget, were presented; after (61 )
which, it was moved by Beirich, seconded by Field, and
unanimously carried, that Minute Orders 3001 and 3002
and Resolutions 14003 and 14004 be adopted.
CONSENT AGENDA:
20. Resolutiou 14005 amending the budget to appropriate
$15,000 for the purpose of restriping Ramon Road to five (61 )
lanes, between Sunrise Way and Indian Avenue.
21 . Minute Order 3003 awarding purchase of portable radios to
General Electric Co. , in amount of $13,263.78. (84)
22. Motion ordering the immediate abatement of public nuisance
at 1253 San Mateo Drive, and instructing Building & Safety
Director and City Attorney to petition local courts for an (57)
order to abate.
23. Minute Order 3004 awarding purchase of library furniture '
to Burt C. Gentle Co. , Inc. , in amount of $7,033.04. (99)
24. Minute Order 3005 awarding purchase of self-contained
air breathing units to Wardlaw Fire Equipment, Inc. , in (84 )
amount of $6,375.90.
25. Resolution 14006 approving 12-month time extension for
Tentative Parcel Map 16326 to divide property on the north
side of Ramon Road, between La Mirada Road and Fern Canyon (119)
Drive - 2 units, Billington/C. Rose.
26. Resolution 14007 approving Tentative Tract Map 17513 for
property on the SW corner of Camino Parocela, between
Cerritos Drive and Sunrise Way - 22 units, Hacker/D. Wong. (137)
27. Resolution 14008 approving Tentative Parcel Map 17325 to
divide property at 2496 Araby Drive - 1 unit, Billington/S.Reeder. (119)
28, Resolutions 14009, 14010, 14011 , 14012 and 14013, approving
Claims & Demands and Payroll Warrants. (86)
29. Minute Order 3006 approving agreement with Riverside County
for mutual aid in maintenance of traffic signals. (130)
It was moved by Beirich, seconded by Ortner, and unanimously
carried, that Resolutions 14005 through 14013, Minute Orders
3003 through 3006, and motion outlined in Item 22, be adopted.
114
Council Minutes
10-14-81 Page 18
30. FINAL PARCEL MAP 17376 AND FINAL TRACT MAP 17314
Resolution 14014, approving Final Parcel Map 17376
for property on the NW corner of Tamarisk Road and (11g)
Avenida Palmas, Webb/Mercury Management; and
Resolution 14015, approving Final Tract Map 17314 to
divide property on the NW corner of Indian Avenue and
Andreas Road, 5 units, Hacker/Cavallaro, (137)
were presented; after which, it was moved by Field, seconded
by Rose, and unanimously carried, that Resolutions 14014
and 14015 be adopted.
31 . SAN RAFAEL DRIVE - WATER LINE
Minute Order 3007, awarding contract to Massey Sand & Rock
Co. , for construction of street improvements and 12-'inch
diameter domestic water line in San Rafael Drive, west of (136)
Sunrise Way, in amount of $141 ,321 .30, was presented; after
which, it was moved by Beirich, seconded by Field, and
unanimously carried, that Minute Order 3007 be adopted.
32. SAN RAFAEL DRIVE - SEWER CONTRACT CHANGE ORDER
Minute Order 3008, approving Change Order #1 to contract
with J & S Paving Co. , Inc. , for extension of 600 ft. of (128)
12-inch VCP sewer main in San Rafael Drive, in amount of
$13,647.50, was presented; after which, it was moved by
Field, seconded by Beirich, and unanimously carried, that
Minute Order 3008 be adopted.
33. COMMISSION APPOINTMENTS
It was moved by Field, seconded by Beirich, and unanimously
carried, that Desert Hospital District Board appointment of (60)
Arthur H. Stein to fill unexpired term of Jerry Cain on the
Desert Hospital Authority Board of Directors, ending
January, 1983, be confirmed.
It was moved by Field, seconded by Beirich, and unanimously
carried, that Jacquelyn Pepe be appointed to fill unexpired
term of Gary Mandinach on the Downtown Development Advisory
Commission, ending June, 1982.
It was moved by Beirich, seconded by Doyle, and unanimously
carried, that the following persons be appointed to the
newly created Historic Site Preservation Board: Abby Solomon,
Juliann Hector, Jacqulyn Weiss, Moya Henderson, Gillar Boyd,
Kitty Hayes, and Frank Bogert.
REPORTS & REQUESTS:
34. DEPARTMENTAL - Received & Ordered Filed
a) CVB - Annual , Fiscal 1980-81
b) Planning Commission Annual Report re General Plan
Council Minutes
10-14-81 Page 19
35. CITY COUNCIL reports or requests
a) Councilwoman Ortner requested that staff check signal
at E. Palm Canyon/Smoke Tree Lane/Cerritos, to see if (130)
it is properly facilitating traffic movement.
b) Councilwoman Ortner requested staff to look into possibility
of eliminating bike path along 1500 block of South Palm
Canyon, and permit 10-20 minute limited parking.
36. PUBLIC reports or requests - None
37. STAFF reports or requests - None
a) Received for filing, Proceedings & Accounting Reports
for abatement of public nuisances at various locations (57)
throughout the City; City Clerk to set hearings thereon.
ADJOURNMENT
There being no further business at 11 :50 p.m. , Mayor declared
the meeting adjourned.
JUDITH SUMICH
City Clerk