HomeMy WebLinkAbout4/21/1982 - MINUTES 011E
• CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
APRIL 21 , 1982
' A Regular Meeting of the City Council of the City of Palm Springs,
was called to order by Mayor Bogert, in the Council Chamber, 3200
Tahquitz-McCallum Way, on Wednesday, April 21 , 1982, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Doyle, Foster, Maryanov,
Ortner and Mayor Bogert
Absent: None
PUBLIC HEARINGS:
1 . SCHOOL IMPACT MITIGATION (Cont'd & Scheduled as hearing 4-6-82)
s• Recommendation: That the Council adopt a voluntary program
under CEQA, for mitigating the impact of development on
schools within the P.S. Unified School District.
Housing Coordinator reviewed report of Director of Com-
munity Development, dated April 6, 1982, and noted that
the recommendation is not the same as that which was
before the Planning Commission or City Council previously;
r that the District is requesting a voluntary program, as
exists in other districts in the County, which transfers
developer negotiation from the City to the District Board
and commits the City to raising environmental issues with
• the developer and asking them to work with the District
• and provide the mitigation measure, which can be a site,
dollars, or other alternatives; that there is no consensus
between the jurisdictions involved as to the program, but
a number have given support; that staff has examined the (114)
data provided and concurs that the District is impacted.
In answer to question by Council , Housing Coordinator
stated that all cities which have boundaries overlapping
* county boundaries, for other districts, have adopted this
plan, however, there are many which are not contiguous ,
so there is an overlapping between incorporated and
unincorporated areas; and that the fees ,in other districts
average between $600-1 ,800. He also stated that there
has been discussion with the Planning Consultant for the
Tribal Council , but a conclusion was not reached; that he
did not believe it met with the District; and he understood
that the Tribal Council opposed the Board of Supervisor's
action which approved the plan.
Councilman Doyle stated that he could foresee a string
of appeals to the Tribal Council , and would guess that
the developers would not have to pay the fee; and that
the Tribal Council should have the opportunity to review
the proposal and then the City Council review its recom-
mendation.
Housing Coordinator stated that he did not believe the
Tribal Council was in favor of the action recommended;
and that it would like the District to adopt its master
plan first.
Mayor declared the hearing open.
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Council Minutes
4-21-82 Page 2
1 . SCHOOL IMPACT MITIGATION (Continued)
Dallas Holms, Attorney representing the School District,
spoke in support of the recommendation, and stated that
the District desires to proceed with the CEQA portion
and is willing to work with the County and cities within
the District to arrive at a method of charging lots of
records in a fair and legal manner; that the District
cannot wait any longer and overcrowding becomes more
imminent; that he believed the proposal is legally
sound; that to wait for Tribal Council action would
mean no action; that the District has answered a number
of questions by the Tribal Council ; that the District
would like to meet with the Tribal Council and review �.
this matter, after it is approved; that delay by the
City Council would lead to future problems with the
school plant as it now exists; and that he was opposed
to condition #5 of the proposed resolution which relates
to agreement by other jurisdictions.
Robert Fey, 2000 Madrona, representing the P.S. Board
of Realtors and the Riverside County Real Estate "
Council , suggested that this matter be tabled until
the District has completed its master plan; and stated
that much of the data was based on 1978 figures ; that '
the County exempts all "adult only" projects ; that: he
did not believe the District has supported its position;
that the District has surplus land to build schools and '
it has not applied for state or federal grants and has
not determined where schools would be built if they did
have the money; that classroom capacity would increase
if the sixth grade were moved to the middle schools;
that the program is not voluntary in that a builder
wouldnot be able to secure a permit without the mitigation;
that the fee is discriminatory and would apply only to
new homebuyers ; that, in his opinion, lots of records CONT'D
create the type of housing which generates children, (114)
and in that light, Desert: Hot Springs falls into that
category and would not be paying any fees, yet would 4
generate the highest need for schools ; that the Eisner-
Smith report refers to the $1 ,018 fee only if it can
be determined which are permanent and which are secondary
homes, in which case it would apply to permanent, other-
wise the fee would be $63'6; that the proposal would be
giving the District a blank check; that school Population
has only increased 10% in the last 10 years, and excluding
Desert Hot Springs, there would be no growth; and that
the District owns a considerable amount of land, including
commercial property on Date Palm, valued at $2-3 million.
Allen Perrier, 225 S. Civic, attorney representing Texas
Western, stated that the project was subject to school
impact fees when the matter was resolved, and that such '
action is placing the cart before the horse and is a policy
flaw which leads to appeals to the Tribal Council ; and
that the Texas Western project is to be a time-share
project and it was not foreseeablehow it would impact
the School District.
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Council Minutes
4-21-82 Page 3
1 . SCHOOL IMPACT MITIGATION (Continued)
• Councilman Doyle stated that the condition was imposed
that in the event the fee was to be levied, it would
• then apply to that project.
Darel Harris, 3552 E1 Gaucho, speaking as an individual
and not as a representative of the Planning Commission,
stated that there have been contradictory statements
regarding enrollment; that the Planning Commission had
voted to delay action pending completion of the master
plan ; that the degree of increased enrollment is questionable
as to whether it warrants the proposal requested; that
there are only two schools which warrant expansion ;
that developer fees are getting out of hand and the
entire fee structure should be examined; that assessment
of the fee now will be doubled by the time it is passed
on to the buyer, which is not conducive to affordable
housing ; and that he favored a delay until completion
of the master plan or until new Councilmembers are
thoroughly updated on the issue.
Betty Williams, Watt Industries, 73160 E1 Paseo, Palm
Desert, concurred with comments by Mr. Fey, and stated
that she would prefer intelligent, standard fees established
by the City and paid to it, monitored by it and reduced by
it when the District need is met, rather than having to
negotiate with the District.
' John Wessman, 72200 Clancy Lane, Rancho Mirage, agreed
that it would be a difficult position for developers to
have to negotiate with the District, and could lead to CONT'D
having to negotiate with other independent agencies or (114)
departments; and that the District should be straight-
forward as to what are its real needs.
r
Rod Hanway, VTN, Planning Consultant for Tribal Council ,
stated that he has met with the School Superintendent and
the District's attorney, who have tried to provide answers
to questions raised by the Tribal Council ; that the Tribal
Council is not raising new issues, but has not been
satisfied that the old issues have been answered adequately;
that the two entities are far apart and resolution may not
be possible, but he would recommend that they meet; that
data provided last year and last week resulted in arriving
at the same conclusion, i .e. , that it does not support the
M District's position; that growth has been only 1% per year
w and that there has been a decline in some areas; that
overcrowding exists within specific localized neighborhoods;
that City staff had recommended a 40% reduction in the fee
• last year; that the Tribal Council is concerned that if the
master plan will not answer the questions , then perhaps
` it, too, is not adequate; and that he recommended this matter
be continued pending completion of the master plan.
` There being no further appearances, the hearing was closed.
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Council Minutes
4-21-82 Page 4
1 . SCHOOL IMPACT MITIGATION (Continued)
Councilwoman Ortner stated that the District has alterna-
tives which it has not fully used, including sale of
surplus lands ; that the proposal leaves the door open
for developers to use the Tribal Council appeal process
as a means of avoiding payment, which is non-productive
and creates more problems ; that a solid, total plan
should be developed by the District which relates to
both subdivisions and lots of record; that she could V
not sanction the proposal , which she believed was
open-ended and without guidelines for negotiation CONT 'D
with the District.
(137) ~-
Councilman Foster stated that he recognized the District
has a problem, part of which is credibility; that there
are many questions and alternatives which need to be
discussed; and that he suggested a joint-session with y
the District to explore these problems, as well as
other areas, e.g. , joint-use of facilities.
It was moved by Doyle, seconded by Ortner, and unani-
mously carried, that this matter be tabled, until a
joint meeting can be arranged with the District.
2. C.U.P. 5.0211 & VAR 6.319 - WATT INDUSTRIES (TTM 17899)
Recommendation: Consideration of request by Council
to review Planning Commission approval of application
for a conditional use permit to allow construction of
a 7-unit time-share condominium project and variance
from rear yard setback and time share location require- (78 &
ments on the SE corner of Arenas Road and Tahquitz Drive. 137)
Director of Community Development reviewed his report,
dated April 21 , 1982, noting that this matter was
brought to the Council on appeal by a Councilmember ,
and if the Council concurs with the action of the
Commission, no further action is needed in that v
regard, and it could approve the Tentative Tract
Map for the project, which customarily would be
brought forward as a Consent Agenda item.
Mayor declared the hearing open.
M
Osborne Brazzelton, attorney for developer, stated
that the proposal adds to existing grandfathered time-
share project, and developer would be at a loss as to
what to do with the property other than that proposed; j
that no futher expansion is proposed, and the use was
a logical extension from a land use standpoint.
There being no further appearances, the hearing was
closed. ,
Councilman Foster stated that the time-share standards
were set as rigid requirements and they should not be
varied from nor allowed on secondary thoroughfares; ,
that he believed approval would establish a precedent
for future applications.
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' Council Minutes
4-21-82 Page 5
2. C.U.P. 5.0211 (Continued)
Councilman Doyle stated that a precedent could be established,
however, considering the parcel involved, the use permit
and variance should be allowed just in light of the
logistics of it, as long as it conforms to architecture
of other buildings and meets parking requirements; and
that if this were the first of a series in a project,
he would be opposed, but since it is the only one, he CONT'D
could find no opposition to it. (78 &
137)
M Resolution 14214, approving Tentative Tract Map 17899,
was presented; after which, it was moved by Doyle,
seconded by Ortner, and carried by the following vote,
�. that the Planning Commission's action regarding the
CUP and variance stand, and that Resolution 14214 be
adopted:
AYES: Doyle, Maryanov, Ortner & Bogert
* NO: Foster
ABSENT: None
PUBLIC COMMENTS:
a) Roy Grow, ADR, urged Council to adopt resolution
' in support of the nuclear freeze initiative.
b) Da,rel, Harris, 3552 El Gaucho, suggested that the
Council provide direction to the Planning Commission
whether it should continue to place condition regarding
school impact mitigation on future projects.
c) John Wessman, 72200 Clancy Lane, Rancho Mirage,
' regarding P.D. 131 , stated that some building
materials will be imported; that he did not agree
with condition regarding paving to the center line
of Highway 111 , which is maintained by CalTrans
and project subject to its approval ; that signals
at Morongo and Palm Canyon will be utilized by
more than just those patronizing the center, and
he would like for the City to handle the design
phase; that there was a traffic study prepared
for the project, including impact of development
" in the South Palm Canyon area, and after several (116)
scenarios, the proposed street improvement was
N recommended as the best solution; that the thrust
is to down-play traffic at the Belardo intersection
+ and get people to use Morongo Road as access to
Palm Canyon Drive; that regarding flood control ,
there will be less paving on the project than
existed with the mobilehome development, and the
County has committed funds for flood improvements
in this area; that telephone lines on Palm Canyon
Drive will be undergrounded, however, he did not
believe it would be cost effective to underground
electrical lines on Belardo Road, estimated at
$300-350,000, at this time.
d) Clarence Dauphine requested that the City look into
dangerous situation whichexists on Indian Avenue
between Radio Road and Oasis Road, with regard i;o
interference- by telephone poles in the travel area.
r e) Roy Grow, Sahara Park, urged that the entrance into
South Palm Canyon not be aggravated and careful
consideration be given to design of the intersection
at E. Palm Canyon.
Council Minutes '
4-21-82 Page 6
LEGISLATIVE ACTION:
3. P.D. 131 (WESSMAN) - FINAL PLANS
Councilmembers Ortner and Maryanov stated they would
abstain from discussion and voting.
Background : On April 6., 1982, Council continued considera-
tion of approving final development plans for Phase I
of commercial complex on the west side of South Palm
Canyon Drive, between Morongo Road and West Belardo Road. '
Director of Community Development reported that detailed
plans were reviewed at the last study session, noting
that large trees will remain on the site until Phase II
is completed; thereby screening the southerly elevation
of the building and lessening the stark appearance of it.
He stated that during Phase I, Belardo Road and South
Palm Canyon will be improved to full street width, and'
Belardo will be extended to Morongo Road, as well as
an extension of Belardo Road to Mesquite by Parkview
Mobilehome in connection with the project; that he
believed the best professional recommendation has been
made for the S. Palm Canyon/E. Palm Canyon/Belardo Road +
configuration; that staff recommends amending the conditions
of approval to provide that alternate sources of funding
will be reviewed in connection with signals, and rebuilding +'
of Highway Ill will be required only if CalTrans determines
that such is necessary.
In answer to question by Council , Director of Community ,
Development stated that half-street will be improved on (116)
Belardo between the project and existing hotel ; that
property along Belardo, northerly between the curve and
and the toe of the mountain, is capable of being developed
and the remaining half-street improved; that the complete
half-street dedication would be required at that time,
even though buildings could not physically be constructed
at the curve; and that the Traffic Engineer estimates
15-1600 cars can pass through the intersection at `.youth
Palm Canyon Drive as it is proposed. '
Councilman Doyle stated that there has been considerable
concern about Belardo Road and that final plans must be
brought forth; that he is not comfortable with what: is
proposed, and it appears that much will be squeezer.)
through a small space.
It was moved by Doyle; seconded by Foster-, that Resolution
14215, approving final development plans as recommended,
with amended conditions as noted by Director of Community
Development, be adopted, subject to condition that final
plans for engineering design for the intersection be
brought back for approval by the Council , and that trees
now on-site remain until Phase II is constructed; said ,
motion carried unanimously; Ortner and Maryanov abstaining.
b
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• Council Minutes
4-21-82 Page 7
4. ASSESSMENT DISTRICT 138 - BOGERT TRAIL BRIDGE
Recommendation: That the Council approve letter amendment
" to agreement with ASL Consulting Engineers to decrease
contract to $93,296; and approve agreement with Leonard
Faustina, Consulting Engineer, for resident engineer phase
for the project, in amount of $17,149.
(56)
Minute Order 3073, approving amendment and new agreement,
as recommended, was presented; after which, it was moved
by Ortner, seconded by Maryanov, and unanimously carried,
` that Minute Order 3073 be adopted.
.., 5. MUNICIPAL CODE AMENDMENT - FOOD HANDLERS (Intro. 4-6-82)
City Clerk read title of Ordinance 1160, as follows :
AN ORDINANCE OF THE CITY OF PALM SPRINGS, (103)
CALIFORNIA, ADDING CHAPTER 6.07, REGULATION
OF FOOD HANDLERS.
It was moved by Doyle, seconded by Foster, and unanimously
carried, that further reading be waived, and that Ordinance
1160 be adopted.
• CONSENT AGENDA:
6. Resolution 14216 supporting the California Resource Rally, (98)
April 19-25, 1982.
7. Resolution 14217 amending FAA Grant Agreement 6-06-0181-08
' to utilize savings from perimeter fence project redesign to (51 )
be used for reconstructing portions of Taxiway No. 3.
► 8. Minute Order 3074 approving draft agreement for a CETA
Title VII economic development grant in amount of $15,093,
and authorize City Manager to enter into final contract for
funding.
9. Resolution 14218 approving sewer construction refund agree-
ment with Robert Nielsen , for off-site sewer installed (128)
along Oleander Road, north of Sunny Dunes.
' 10. Resolution 14219, 14220, 14221 , and 14222, approving Payroll (86)
k Warrants and Claims and Demands.
'' It was moved by Doyle, seconded by Ortner, and unanimously
carried, that Resolutions 14216 through 14222 and Minute
Order 3074 be adopted.
11 . MID-BLOCK CROSSWALKS
• Recommendation : Crosswalks Task Force and DDAC recommended
that signalized mid-block crosswalks be installed on Palm
Canyon Drive, as recommended, with exception that project
be phased, i .e. , signals and painted crosswalks for First (82)
year; and permanent concrete crosswalks after one season
of experience to insure that the redesigned crosswalks were
effective in helping pedestrian and traffic movement.
Resolution 14223 approving joint recommendation, was
presented; after which, it was moved by Doyle, seconded
by Foster, and unanimously carried, that Resolution 14223
be adopted.
1,
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Council Minutes
g-21-82 Page 8
12.. FINANCE COMMITTEE
It was moored by Doyle, seconded by Ortner, and unani- 4
mously carried, that Lloyd Maryanov be 7ppointed to (60)
the Finance Committee (Mayor ocher member) .
REPORTS & REQUESTS:
13. DEPARTMENTAL REPORTS - Received & Ordert>c' Filed
a) Treasurer 's 14onthly - Fehruary, 1982
1_. U`17 COUNCIL reports and requests
a) At request of Councilman Doyle, staff directed to ti
secure removal of election campaign signs.
b) At request of Councilwoman Ortner, staff directed
to repair drinking fountain at Ruth Hardy Park.
-1
c) Mayor requested consideration be given to plarting
eucalyptus or tamarisk trees around the Wastewater
Treatment Plant.
d) At request of Councilman Foster, staff directed
to check for possible duplication of direction
signing on Palm Canyon Drive.
e) At request of Councilman Foster, staff directed to
look at problem of Palm Canyon Drive, between Sunny
Dunes and Ramon Road.
f) At request of Councilman Foster, staff directed to
check timing of traffic signals, and left-turn move-
ment.
g) At request of Councilman Foster, staff directed to
determine whether signal at Avenida Caballeros and
Ramon is necessary.
h) Mayor requested report on requirement of building '
numbers for identification of commercial properties ,
i .e. , retail stores.
15. PUBLIC reports or requests - None
16. STAFF reports or requests - None
ADJOURNMENT
There being no further business at 9:30 p.m. , Mayor declared
the meeting adjourned.
JUDITII SUMICH
City Clerk
V