HomeMy WebLinkAbout12/1/1982 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
December 1, 1982
A Regular meeting of the City Council was called to order by Mayor
Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way on
Wednesday, December 1, 1982 at 7:30 p.m.
ROLL CALL: Present: Councilmembers Doyle, Foster, Ortner-Kubler
Maryanov & Mayor Bogert
Absent: None
The meeting was opened with the salute to the Flag and a. moment of
silence.
COMMUNITY REDEVELOPMENT AGENCY: No business.
APPROVAL OF MINUTES:
It was moved by Doyle, seconded by Foster, and unanimously
carried that the Minutes of November 3, 1982 be approved.
PUBLIC HEARINGS:
1. P.D.34-A - SEVENTH DAY ADVENTIST CHURCH
Recommendation: That the Council approve amendment to
PD-34 to allow a gymnasium and kitchen for existing
church school at 620 South Sunrise Way between Camino
Parocela and Baristo Wash. Report reviewed by Planning
Director.
(116)
Mayor declared the hearing open; there being no
appearances, the hearing was closed.
Resolution 14439 approving PD 34-A, as recommended, was
presented; after which, it was moved by Ortner-Kubler,
seconded by Foster, and unanimously carried that
Resolution 14439 be adopted.
2. ZONING TEXT AND MUNICIPAL CODE, AMENDMENT - HOME OCCUPATION
Recommendation: That the Council_ amend the Zoning Text
and Municipal Code to allow home occupations in
residential zones. This matter was originally heard by
the Council in October, 1982.
Planning Director reviewed his report, dated December (103)
1, 1982, and stated that the revisions relate to
outdoor advertising and neighborhood traffic, which
were concerns expressed by the Council when it
initially heard this matter in October.
Mayor declared the hearing open; there being no
appearances, the hearing was closed.
City Clerk read title of the Ordinance, as follows: I
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 5.22 TO THE PALM SPRINGS
MUNICIPAL CODE REGULATING HOME OCCUPATIONS WITHIN `
RESIDENCES WITHIN THE CITY.
Council Minutes
12-1-82, Page 2
2. ZONING TEXT (Continued)
It was moved by Doyle, seconded by Maryanov, and
unanimously carried, that further reading be waived;
after which, it was moved by Doyle, seconded by CONT'D
Maryanov and carried by the following vote that the (103)
Ordinance be introduced for first reading:
AYES: Doyle, Foster, Maryanov and Bogert
NOES: Ortner-Kubler
ABSENT: None
3. P.D. 140 - BOGIE ROAD DEVELOPMENT
Recomendation: That the Council approve planned development
district to allow an industrial complex on Bogie Road,
between Vista Chino and Tachevah, Christian Associates/repr.
developer.
Planning Director reviewed report of Director of Community
Development, dated December 1 , 1982, stating that the
Commission recommended approval , with final development
plans to be approved for each phase; that the PDD process
was used since a portion of the project includes commercial
use, and the Commission felt it would stimulate file overall
industrial area and still preserve the industrial use,
commercial will be limited to 20% of the gross floor area
for each phase and does not include commercial type uses
which are allowed in the M-1-P zone, e.g. , restaurants,
banks and office uses ; that discussion at the study session
focused on the median strip on Bogie Road and the mainten-
ance thereof; that the purpose of the median strip was
to control traffic access in and out Phase 7 ; and that
alternate language has been provided in the proposed resolu-
tion which would require maintenance by an owner' s associa-
tion, and its obligation provided in the CCRs ; that land-
scaping details have not been submitted, however, it is
possible that low-maintenance, decorative landscape plan (116)
could be installed.
In answer to questions by Council , Planning Director stated
that the median serves to prevent left-turn movements
that might otherwise cause traffic to back up and conflict
with movements through the Vista Chino/Bogie intersection ;
and that temporary access point between phases 1 and 2
would be eliminated when Phase 3 was completed and the
access point would then shift northerly between phases
2 and 3.
Mayor declared the hearing open.
David Christian, project architect, 1000 S. Palm Canyon,
stated that landscaping plans have not been completed,
however, it is an important factor in the project, since
little can be done in terms of architectural treatments
to the buildings; and that discussions are being held
with another large single tenant not included in this
project, and the area appears to be moving toward the
type of development for which the zone was established.
Robert Grenier, ASL, project engineer, stated that the
condition to require the median strip may be premature,
and that it should be determined at the time Phase 7 is
proposed to see if it is needed; that consideration is
being given to the Whitewater By-pass which may route
traffic from Highway 111 to Bogie, which will increase
traffic volume; that if the need for the median is generated
Council Minutes
12-1-82 Page 3
3. P.D. 140 (Continued)
by the developer, then imposition of the condition is
proper, however, he felt it was too early to determine
that; that the entire cost of construction and maintenance
is to be absorbed by the east side of the street, and
consideration should be given to sharing in that cost
by the properties on the west side; and that if the
developer is to pay for it and maintain it, then the City
should hold the developer harmless from lawsuits relating
to the median as a result of carrying out the decision.
M.E. Freeman, owner of adjacent 59 acres which borders
the entire length of the subject property, expressed concern
that flooding will result on his property because of the `
developmment; that the land slopes southerly and easterly;
that the developer sought easements from him 12 years
ago to take up threatened flood waters, in order to satisfy
conditions the City would impose; that he offered several
alternatives which were not accepted by the developer;
and that he is opposed to the project, because no provision CONT D
has been made to provide flood protection to his property. (116)
In response to question by Council , Planning Director
stated that there are ways of solving the problem that
would maintain the same flow of water that exists ; that
the City Engineering Division did not find any abnormal
problem to handle; that drainage will be looked at in the
final development plans.
Mr. Grenier stated that the slope is diagonally to the
SE; that originally requests for easements were made to '
carry water through cul-de-sacs and discharge onto the
land to the east, and a 100-ft width was requested in
order to allow latitude in completing the site plan. In
answer to question by Council , he stated that water is
not allowed to collect on cul-de-sacs and be discharged
onto another' s property without the easement to do so;
that current proposal is to retain the water on-site until
it can be discharged ; that the revised master plan for
drainage indicates an adequate storm drain from Tachevah
and Bogie, which will take a substantial amount off the
site; and that the site will receive a minimum flow from
Vista Chino, and the proposed design will accomodate all
flow expected onto the property, and water on Vista Chino
will flow to the Whitewater River.
Mr. Freeman stated that he felt the channels should be
built across his property to have the water flow into
the Whitewater River.
There being no further appearances, Mayor declared the
hearing closed.
City Manager stated that the City Engineer will require
that demonstration be made that any water from the property '
will not be disruptive to property downstream before any
permits are issued.
Resolution 14440, approving P.D. 140, including condition
that the median, as recommended, be constructed and land- '
scaped by the developer and maintained in common via a
property owner's association and included in the CCRs
for the project, was presented; after which, It was moved
by Doyle, seconded by Foster, and unanimously carried,
that Resolution 14440 be adopted.
Council Minutes
12-1-82 Page 4
4. P.D. 137 COBLE-HAMPTON, INC.
Recommendation: That the Council consider appeal by W.H.
Hampton from Planning Commission denial of revised applica- (116)
tion for planned development district to allow 98-unit
condominium development off the SE corner of E_scoba Drive
and E1 Cielo Road.
Planning Director read report of Director of Community
Development, dated December 1 , 1982, and displayed General
Plan maps and noted relationship to the appeal ; and stated
that intent of the General Plan, and finding confirmed
by the Commission, was to show hotel type development
fronting on the highway.
In answer to question by Council , City Attorney stated
that State Law requires that the zoning be consistent
with the General Plan; that Commission determination was CONT"D
that the use was not consistent with the General Plan (116)
and ,would require amendment to be consistent, and that
high density use is for property adjoining the highway;
that appellant's argument in essence is not valid; that
a recent court case, although perhaps not directly related
to this case, relates to interpretation as to the "lines"
drawn on the plan and gives the General Plan more authority
because the zoning must be brought to be consistent with
the general plan ; and that the General Plan appears to
intend to cover property which adjoins Highway 111 .
' Mayor noted that the area shown on the General Plan includes
the 5 acres of the Los Compadres Stables, which is not
on Highway 111 .
Mayor declared the hearing open.
Hank Hampton, 1913 E. Amado, stated that the staff position
that in order to consider any property within the high
density area it must have access to the highway, but there
is no documentation anywhere that the plan is referring
to direct access - it refers to easy access or ready access;
that direct access might make sense if a hotel were being
proposed, but not when considering a high-residential
project; that 5 acres would be a large parcel to let slip
aside, which is one-half the subject parcel ; that his
feeling is that the General Plan is clear and with that
in mind, approached the staff about development of the
site; that there had been resistance to the density,
2-stories, traffic and vistas; that the plans were revised
' and density held to no more than 100 units, which was
based on their being correct about their assumption
regarding the General Plan; that finding was made that
the project would not have a detrimental affect on the
neighborhood and there would be minor negative impacts
regarding traffic; that E1 Cielo is a secondary street
and if the traffic generated is within the confines of
the capacity of the street, then the requirement has been
met; and that the neighbors felt there would be a large
number of transients in the area, however, he believed
that since the units are of "livable" size, that they
will be substantially occupied by permanent residents,
and that the project fills an identified housing need.
Council Minutes
12-1-82 Page 5
4. P.D. 137 (Continued) 1,
John Kappmeyer, 3506 E1 Gaucho, stated that ice represented
the total 31 homeowners in the area, all of whom are in
opposition to the project on the basis of the property
being zoned R-1-C, no access to Highway 111 , inconsistent
with General Plan, and the street is only 2 lanes; and
that the neighbors purchased their homes with the
understanding that the site was R-1-C and expectation
that it would so remain. He stated that 600 cars per
day was the projection for 120 units and questioned how ,
many were projected for the 98 units.
Planning Director stated that seven trips per day, per
unit, is generally the criteria used; and that the Traffic
Engineer indicated he did not think there would be a signif-
icant disruption of traffic as a result of the project.
Mr. Kappmeyer stated that all of the homeowners, Los
Compadres, and the Baptist Church in the neighborhood
are opposed to the project.
There being no further appearances, Mayor declared the
hearing closed.
Councilman Doyle stated that Mr. Kappmeyer has spoken
to him on occasion regarding this project, both as currently
proposed and as originally conceived; that: he did not
believe the units to be residential housing units; and
that the open space is appreciated, however, he felt the '
project would be appropriate in the proper zone and not
in the area proposed.
In answer to questions by Council , Planning Director stated
that the open space is compatible with that which would CONT"D
be required for 3-units per acre in an R-11-C zone; that (116)
the subject site has been zoned R-I-C since about 1966;
that the developer originally requested a zone change,
and staff' s position was that if the Planning Commission
and Council interpreted the General Plan in the same mariner
as the applicant, then a PDD process would be appropriate
to approve the project; and that avenue was pursued in-lieu
of a zone change.
In answer to question by:, Council , City Attorney stated
that another recent court case gave the same weight to
the map as to the text.
It was moved by Doyle, seconded by Ortner-Kubler, that
Planning Commission action be upheld and that the appeal
be denied.
1b
Council Minutes
12-1-82, Page 6
5. CONFLICT OF INTEREST CODE - HISTORIC SITE PRESERVATION BOARD
Recommendation: That the Council approve Conflict of
Interest Code for the above City Board. This matter (60)
was reviewed in detail at the last study session.
Mayor declared the hearing open; there being no
appearances, the hearing was closed.
Minute Order 3179, approving the Code as recommended,
was presented; after which, it was moved by Doyle,
seconded by Maryanov, and unanimously carried that
Minute Order 3179 be adopted.
6. PERS CONTRACT AMENDMENT - FIRE SAFETY
Y
Recommendation: That the Council introduce Ordinance
to amend contract with PERS to provide single highest
year in computation for retirement, pursuant to prior (110)
action of Council and MOU covering Fire Safety Unit.
City Manager noted that the amendment is consistent
with Council 's resolution of intent to do so adopted in
July, 1982 and that the amendment will increase
optional benefits 1.344%.
City Clerk read title of Ordinance, as follows:
' AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES RETIREMENT SYSTEM.
' It was moved by Foster, seconded by Maryanov, and
unanimously carried that further reading be waived and
the Ordinance be introduced for first reading.
PUBLIC COMMENTS:
` a) Pete Kelly, 280 S. Avenida Caballeros, tennis
professional , stated that he made an offer to lease the
Tennis Center facility and would like to submit it to
the Council.
Director of Community Services stated i:hat the
Community Services Commission will be reviewing
recommendations by its sub-committee, and will make
recommendation to the Council regarding disposition of
the Tennis Center, it appears that the sub-committee
favors requests for proposals.
70
Council Minutes
12-1-82 Page 7
LEGISLATIVE ACTION:
7. VISITOR INFORMATION CENTER - REQUEST OF CVB TO CONDUCT STUDY
Recommendation: That the Council request the CUB to conduct
a study of a Visitors Information Center, i .e. , to address:
1 ) assumption that there should be a center, how it should
be implemented and funded; and 2) CVB' s judgement whether
it should be implemented. ( 136)
City Manager stated that the Task Force recommended forma-
tion of a visitor center on North Palm Canyon Drive, for
which concerns have been expressed regarding mid-year
budget programming, and recognition that there is some
activity in this area, i .e. , by the Chamber of Commerce.
He reviewed details of his report reqardirg the basis
on which the study would be conducted, to the need for
a center, and stated that it has been inferred that there
would be some cost attached to a study by the CVB and,
if so, it would be appropriate for that to come back to "
the Council with the outline of the study and costs; and
that it would be the perogative of the Council whether
the study would merit budget funds.
Councilwoman Ortner-Kubler stated that she thought it
was the responsibility of the Task Force to come forward
with this information rather than the City, but would
vote in favor of it because she believed there is a need
for such a facility in the City, and would reserve opinion
regarding additional funds for the study. ,
It was moved by Doyle, seconded by Ortner-Kubler, and
unanimously carried, that the request, as recommended, '
be made of the CVB, and that if additional funds are needed,
that it be addressed by the City Manager and returned
to the Council for action.
8. P.D. 143 - G. MARANTZ (Continued from 11-17-82)
Planning Director stated that question arose at the last
meeting regarding applicant's ability to submit: the applica-
tion; that, subsequently, letter has been filed by Mr.
Perrier, attorney for the lessee of 2/3 of the site, indi-
cating that Mr. Marantz has entered escrow which will (116)
extend his sublease for 10 years, and there is no objection
to the POD; and that in line with extensive discussion
at the last study session, language has been developed
to revise Condition #2 relating to undergrounding utilities.
He also stated that underground utilities for Mr. Wessman' s
project are covered by covenant to defer undergrounding
until a later date.
Mr. Marantz requested a continuance in the absence of
legal counsel , and stated that SCE has quoted $150 per
front foot to install vault and conduit, which he felt
would be realistic if the property were to be redeveloped,
but not to continue the use of the RV park; that he will
be subject to improving Belardo Road, which will be in
excess of $300,000; and that he desires to forestall addi-
tional improvements until the property becomes too valuable
to leave as an RV park and is feasible for redevelopment.
It was moved by Doyle, seconded by Foster, and unanimously
carried, Ortner-Kubler and Maryanov abstaining, that this
matter be continued to December 15, 1982.
11
Council Minutes
12-1-82, Page 8
9. CITY HALL AND POLICE BUILDING EXPANSION - ARCHITECTURAL
SERVICES
Recommendation: That the Council approve architectural
services contracts with Donald Wexler Associates for
Police Building and with Williams, Clark and Williams
and Clinton Marr Associates, a joint venture for (117)
alteration and additions to City Hall .
In anwer to question by Council , City Manager stated
that the contracts include the master plan aspects.
Minute Orders 3180 and 3181 approving agreements as
recommended, respectively, were presented; after which,
it was moved by Foster, seconded by Ortner-Kubler, and
unanimously carried that Minute Orders 3180 and 3181 be
adopted, Maryanov abstaining on Minute Order 318.1 .
10. MUNICIPAL CODE AMENDMENTS (Introduced 11/17/82)
City Clerk read title of Ordinance 1168, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTERS 8.30 AND 8.32 TO THE
PALM SPRINGS MUNICIPAL CODE, ESTABLISHING A (103)
MUNICIPAL SOLAR UTILITY.
and Ordinance 1169, entitled:
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 14.16, SECTION
14.16.462 (10) (ENCROACHMENTS IN PUBLIC RIGHTS-OF-
WAY) OF THE PALM SPRINGS MUNICIPAL CODE, CLARIFYING
USE OF PUBLICATION VENDING MACHINES FOR ADVERTISING
PURPOSES.
It was moved by Doyle, seconded by Foster, and
unanimously carried that further readings be waived and
that Ordinances 1168 and 1169 be adopted.
11. FLOOD CONTROL DISTRICT BOUNDARIES
Recommendation: That the Council request the
legislative boards of the Riverside County Flood
Control District and the Coachella Valley Water (123)
District to seek a change in their common boundary to
the west bank of the Whitewater River, and provide for
voter approval in the area effected by the change.
City Manager stated that ultimately action by the State
Legislature will be required; and a vote of the people
to impose the same assessment fee on them that now
exists in the remainder of the City, as approved by the
voters at the June, 1982 election. He stated chat any
efforts to alter boundaries within the Cathedral City
limits will be addressed by the legislative body of
Cathedral City.
Resolution 14441 requesting action as recommended was
presented; after which, it was moved by Doyle, seconded
by Maryanov, and unanimously carried that Resolution
14441 be adopted.
a
Council Minutes
12-1-82, Page 9 '
CONSENT AGENDA:
12. Minute Order 3182 awarding contract to Massey Sand & Rock
Co. , for resurfacing Sunny Dunes, between Palm Canyon and (136)
Sunrise, in amount of $88,850.
13. Resolution 14442 approving Tentative Tract Map 18785 to
divide property on the NW corner of Racquet Club and Indian (137)
Avenue, Webb/Racquet Club of P.S.
v
14. Resolution 14443 approving 12-month time extension for
Tentative Tract Map 18077 for property on the SE corner of (137)
Stevens Road and Kaweah Road, KWL/T. Pelton.
15. Resolution 14444 approving 12-month time extension for P.D.
89 and Tentative Tract Map 15049 for property on Ramon Road, (116 &
between Crossley and San Luis Rey, G. Knutson. 137)
16. Resolution 14445 approving Tentative Tract Map 13761 to
divide property on Bogie Road, between Vista rhino and (137)
Tachevah, Bogie Road Development.
17. Resolution 14446 approving Final Development Plans for P.D.
134, for 19-bed expansion of the California Nursing and (116
Rehabilitation skilled-care nursing facility at Indian and
Via Olivera.
18. Resolution 14447 amending the budget to increase forecast
revenue and appropriate $1,891,331 for Airport Capital (51
Accounts relating to Federal Grant projects. &61 )
19. Resolution 14448 amending the Comprehensive Fee Schedule to
reflect cost of enforcing State Mobilehome regulations within (114)
the City.
It was moved by Doyle, seconded by Ortner-Kubler, and unanimously
carried, that Resolutions 14442 through 14448 and Minute Order
3182 be adopted.
REPORTS & REQUESTS:
20. DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Treasurers Report - September, 1982.
21. CITY COUNCIL reports or requests - None
22. PUBLIC COMMENTS - None
23. STAFF reports or requests - None
ADJOURNMENT
There beingno further business at 9:20 .m. , Mayor declared
p
the meeting adjourned.
Q�UDITH SUMICH
City Clerk
WP