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HomeMy WebLinkAbout1/7/1981 - MINUTES d�n7 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JAINUAR`! 7, 1981 A Regular Meeting of the City Council was called to order by Mayor Doyle, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, January 7, 1981 , at 7 :30 p.m. ROLL CALL: Present: Councilmembers eeirich, Field., Ortner, Rose and Mayor Doyle Absent: None The meeting was opened with the salute to the Flag and an invoca- tion by Councilmember Field. COMMUNITY REDEVELOPMENT AGENCY : Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelop- ment Agency; after which, members reconvened as the City Council . APPROVAL OF MINUTES : It was moved by Beirich, seconded by Ortner, and unanimously carriers, that the minutes of December 12 and 17, 1980, be approved. PUBLIC HEARINGS: 1 . ROOM TAX ORDINANCE AMENDMENT - TIME SHARE UNITS Recommendation: That the Council amend the Room Tax Ordinance to clarify its applicability to time share units. City Manager reported that the Planning Commission is concurrently considering the extension of the moratorium and amendments to the Zoning Ordinance relating to time share units, in order that the Council may consider extending the moratorium during its consideration of the Commission' s recommendation for amendments to the Zoning Ordinance and effectuating such changes, He stated (140) that the proposed changes are staff recommendations and not from the task force, per se. Assistant City Manager stated that although the task force did not agree as to how the tax should be applied, it did agree that it should be applied to time :share units ; that the most significant change in the ordi- nance relates to "rental value," which will consist of the purchase price of the time share unit on a prorata basis, plus the annual maintenance fee; that this formula is believed by staff to represent a valid rental value, since if the building were owned as a hotel ; these are the costs which would be put together to establish hotel rates to carry out hotel operations and cover costs; and that the formula may actually result in less tax when comparing hotel costs for the same occupancy, although some members of the task force felt it might add up to an amount higher than they would like:, to see. He also stated that in reviewing the Room Tax Ordinance with legal consultant, former City Attorney Ray Ott, staff concluded that the existing ordinance covers transient occupancies in time share projects, however, a few changes have been recommended to clarify that point. Mayor declared the hearing open; there being no appearances, the hearing was closed. Council Minutes 1-7-81 Page 2 1 . ROOM TAX ORDINANCE AMENDMENT (Continued) Councilman Rose stated that he has great concerns about the entire time sharing package, but would await: Planning Commission recommendation before making a statement. Councilwoman Ortner stated that she believes the pro- posed ordinance attacks the problem head on and is appropriate at this time. CONT'D (140) Councilman Field stated that he views the proposal as a protection to the room tax income; that he is aware of effect of time sharing in other areas and the result- ant crowds and lowering of quality in the area; and that he will take a cautious look at the further issues of time sharing yet to be addressed. Mayor stated that he felt the task force has done a good job, and he did not believe the Council would have the perogative of not allowing time sharing, in that higher levels of government would pre-empt it;and it is a matter of coping with the subject in the best interest of the community. City Manager read title of Ordinance, as follows : AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE TRANSIENT OCCUPANCY TAX ORDINANCE TO CLARIFY THAT ORDINANCE'S APPLICABILITY TO TRANSIENT OCCUPANCY OF UNITS ON A "TIME-SHARE" BASES OR ARRANGEMENT. 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. 2, GENERAL PLAN STREET PLAN AMENDMENT - TACHEVAH DRIViE Director of Community Development reviewed his report, dated January 7, 1981 , and reported Planning Commission recommendation to amend the General Plan Street Plan to designate portion of Tachevah Drive, between North Palm Canyon Drive and Indian Avenue, as a collector street. He stated.that the reason for considering the change of designation from a secondary thoroughfare rebated to consideration of proposed development on the north side of Tachevah, between said streets, which would result (101 ) in a widening of the street that would complicate traffic patterns and signalization due to offset of Tachevah Drive and Via Lola, which eliminates direct through traffic heading westerly as well as a need for a lane for that traffic. Mayor declared the hearing open; there being no appear- ances, the hearing was closed. In answer to question by Council , Director of Community Development stated that, east of Indian Avenue, Tachevah is an 88-ft secondary thoroughfare, and in order to pro- vide smooth flow of traffic crossing into the 60-ft collector portion west of Indian Avenue, right-'lane traffic would be required to turn right, and only one lane would be designated for through •traffic. Resolution 13644, amending the General Plan as recom- mended, was presented; after which, it was moved by Ortner, seconded by Rose, and unanimously carried, that Resolution 13644 be adopted. Council Minutes 1-7-81 Page 3 PUBLIC COMMENTS : a) Tract 11559: James Schlecht, attorney, 383 S. Palm Canyon Drive, stated his understanding that a recommendation would be made to add condition to the extension of the tentative tract map that dual sewer system be pro- vided, and that the developer is seeking relief from that condition. He stated that the dual sewers were not required when the map was originally approved; that the developer has faced substantial problems, primarily related to flood control ; that considerable costs have been experienced as a result of multiple redesigns to accomodate changes in Flood conditions ; that conditions were imposed after the tentative map was approved, which ultimately resulted in a loss of financing; and the extensions on the Indian (137) land lease had 'to be obtained, the latest deadline of which is March, 1981 . Curt Dunham, 339 vereda Norte, stated that the City's Engineer three years ago provided a letter concerning flood conditions, which was subsequently negated by the succeeding City Engineer which was further changed by the Riverside County Flood Control District; that as recent as this week, the Flood Control District required an additional easement for the flood channel at Mesquite and Sunrise; and that because of the hardships which he has experienced, he believes relief should be given from the dual sewer require- ment. Bill Shulber, Ervin Engineering, stated that there have been three major revisions to the site plan, all of which received government agency approvals; that a permit was received from the Flood Control District in the early summer of 1980 to proceed, however, subsequent to that permit, as a result of rethinking by the Flood Control District and the City, regarding the Mesquite channel at the Sunrise intersection, an additional 10-ft dedica- tion was imposed this week; that the developer is paying part of the cost of signals at Mesquite and Sunrise as well as off"-site improvements in amount of $33,000 and the additional cost of the dual sewers will add $129,000 to the project; and that the developer is faced with the March, 1981 deadline under the lease for the land. b) Joe Nacinovich, on behalf of the Police Officers ' Association, expressed appreciation in anticipation (110) of favorable action regarding salary increases for non-management employees (See Item 18 ) . 104. Council Minutes 1-7-81 Paae 4 LEGISLATIVE ACTION: 3. ORDINANCES FOR SECOND READING & ADOPTION (Introduced 12-17-80) City Manager read title of Ordinance 1123, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A PLANNED DEVELOPMENT DISTRICT (112) (CASE 5.014-PD-112) AND PRELIMINARY PLOT PLAN IN-LIEU OF A CHANGE OF ZONE FOR AN OFFICE/ INDUSTRIAL COMPLEX ON THE NORTHEAST CORNER OF SAN RAFAEL DRIVE AND McCARTHY ROAD, SECTION 34. It was moved by Field, seconded by Rose, and unanimously carried, that further reading be waived, and that Ordinance 1123 be adopted. City Manager read title of Ordinance 1124, as follows: AN ORDINANCE OF THE CITY OF PALM SPRING':, CALIFORNIA., ADDING SECTION 8.04.400 TO (112) CHAPTER 8.04 OF THE MUNICIPAL CODE TO PROVIDE FOR THE UNDERGROUNDING OF UTILITIES. It was moved by Rose, seconded by Field, and unanimously carried, that further reading be waived, and that Ordi- nance 1124 be adopted. City Manager read title of Ordinance 1125, as follows : AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING "CITY OF PALM SPRINGS SUBDIVISION ORDINANCE AND ADOPTING "SUBDIVISION (103) ORDINANCE OF THE CITY OF PALM SPRINGS." It was moved by Beirich, seconded by Ortner, and unanimously carried, that further reading be waived, and, that Ordinance 1125 be adopted. City Manager read title of Ordinance 1126, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 12.20.020 OF (132) THE PALM SPRINGS MUNICIPAL CODE RELATING TO ESTABLISHMENT OF CERTAIN SPEED LIMIT ZONES. It was moved by Beirich, seconded by Field, and unanimously carried, that further reading be waived, and that Ordinance 1126 be adopted. City Manager read title of Ordinance 1127, as follows : AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 8.04 OF THE: PALM SPRINGS MUNICIPAL CODE BY AMENDING (112) REFERENCE TO THE UNIFORM BUILDING CODE, THE UNIFORM BUILDING CODE STANDARDS, UNIFORM MECHANICAL CODE, UNIFORM PLUMBING CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SOLAR ENERGY CODE, UNIFORM SWIMMING POOL CODE, TO REFLECT THE CURRENT 1979 EDITION, AND NATIONAL ELECTRICAL CODE, 1978 EDITION. 315 Council Minutes 1-7-81 Page 5 3. ORDINANCES FOR SECOND READING & ADOPTION (Continued) and Ordinance 1128, entitled: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING TITLE 11 OF THE PALM (87) SPRINGS MUNICIPAL CODE BY AMENDING CHAPTER 11 .02 TO REFER TO THE 1979 EDITION OF THE UNIFORM FIRE CODE. and Ordinance 1129, entitled: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND AMENDING THE UNIFORM BUILDING CODE, THE UNIFORM BUILDING CODE (112) STANDARDS, UNIFORM MECHANCIAL CODE, UNIFORM PLUMBING CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SOLAR ENERGY CODE, AND UNIFORM SWIMMING POOL CODE, ALL BEING THE 1979 EDITIONS. and Ordinance 1130, entitled: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND AMENDING THE 1979 (87) EDITION OF THE UNIFORM FIRE CODE. It was moved by Beirich, seconded by Rose, and unani- mously carried, that further readings be waived. It was moved by Beirich, seconded by Rose, and carried by the following vote, that Ordinances 1127 through 1130 be adopted: AYES : Beirich, Ortner, Rose & Doyle NO: Field ABSENT: None 4. McCALLUM CIVIC BUILDING - CROMWELL SEASON LEASE Recommendation: That the Council terminate agreement with Nicholas Cromwell for use of the McCallum Civic Building, without penalty. (117) Minute Order 2881 , cancelling agreement as recommended, was presented; after which, it was moved by Rose, seconded by Beirich, and unanimously carried, that Minute Order 2881 be adopted. Council Minutes 1-7-81 Page 6 5. CENTRAL CORRIDOR BUSINESS IMPROVEMENT DISTRICT - MODIFICATION OF CHARGES Redevelopment Director reported receipt of petition con- taining 102 signatures indicating opposition to the concept in that one-half of the businesses were not included in the charge when it was originally imposed, and to the limitation of the boundary. He stated that the Council determined that not all businesses would benefit from the district and should not be charged; that the Central Corridor Advisory Board met on December 1 , at which 100 people attended and 40 people addressed the Board, objecting to the inequity of not charging all businesses, and some to the boundary in that they felt Smoke Tree Shopping Center should be included and the district should be expanded several blocks east and west of Palm Canyon and Indian Avenue; that the Board recom- mended an evaluation of the charges, and, although it considered the boundary issue, did not make a recommendation on boundaries; and that, if adopted, the staff will develop a resolution of intention to establish new charges on (133) all businesses within the area, and schedule a public hearing thereon. He stated that if 50% of the businesses affected protest the charge, the Council will not be able to amend the district; any lesser percentage can be overruled and the Code changed to charge all businesses . In answer to question by Council , he stated that the charge on all businesses has not been discussed with the Chamber of Commerce. Councilman Field stated that when the issue came before the Council originally he was a paid employee: of a busi- ness within the district, however, since he is now a proprietor in the district, he would abstain on the proposal . In answer to question by Council , Redevelopment Director stated that the list of those businesses not originally included is available, but will need updating due to changes in businesses since that time; and that if the Council also desires a re-evaluation of the district boundaries, such direction should be provided to staff. Councilman Rose and Mayor agreed that the issue of boundaries and charges should be dealt with at one time. Councilman Beirich stated that his firm is new an exempt business within the district, and consultation with City Attorney suggests that he should probably abstain. City Attorney stated that the Council would not be acting to impose the fee at this time, but authorizing a study leading to such imposition; and the question is one of possible financial affect. Resolution 13645, authorizing feasibility study and preparation of modified business charges and evaluation of district boundaries, was presented; after which, it was moved by Ortner, seconded by Rose, and unanimously carried, Beirich & Field abstaining, that Resolution 13645 be adopted. Note: At the close of the meeting, Councilman Beirich requested that the City Attorney look at the issue and conflicts involved to determine whether the entire Council would be able to vote on the matter. . 0 s Council Minutes 1-7-81 Page 7 6. CLEANUP OF SUNRISE WAY NORTH OF SAN RAFAEL Recommendation: That the Council award contract to Sing and Sons Construction Co. , in amount of $9,400, for clean- up of Sunrise Way, north of San Rafael ; and appropriate funds therefore. (61 & Resolution 13646 amending the budget, and Minute Order 136) 2882, awarding the contract, were presented; after which, it was moved by Rose, seconded by Beirich, and unanimously carried, that Resolution 13646 and Minute Order 2882 be adopted. 7. WASTEWATER TREATMENT PLANT - FRASER ARBITRATION (ADDITIONAL WORK BY ASL AS EXPERT WITNESS) Recommendation: That the Council ratify staff action approving additional work by Alderman, Swift & Leaks consulting engineers, as the City's expert witness in the Fraser arbitration; and appropriate $10,000 therefore. Resolution 13647, amending the budget as recommended, (61 & was presented; after which, it was moved by Beirich, 127) seconded by Rose, and unanimously carried, that Resolution 13647 be adopted, and that authorization by staff for the additional work be ratified. CONSENT AGENDA: 8. Motion tabling request for resolution of necessity to acquire (136) property for Waverly Drive. 9. Resolution 13648 designating intersection of Granvia Valmonte and Hermosa Drive as a "Yield" intersection. (130) 10. Resolution 13649 approving Final Parcel Map 15314 to com- bine property on Calle E1 Segundo between Tahquitz-McCallum (119) and Amado for hotel construction - Webb/Desert Associates. 11 . Resolution 13650 granting one-year time extension for P.D. (116) 89 for industrial park complex on SW corner of Ramon and Crossley - Knutson Capital Investment, Inc. 12.. Resolution 13651 approving Tentative Parcel Map 17049 to combine property on No. Indian Avenue, between Tamarisk (119) and Granvia Valmonte for a financial institution - Webb/ Security Pacific Bank. 13. Resolution 13652 approving final development plans for P.D. 101 to construct senior citizen complex on SW corner of Sunrise Way and Arenas Road - Goldrich, Kest & Assoc. (116) 14. Resolution 13653 authorizing City Manager as designated representative to sign and file on behalf of City for (127) supplemental grant funding assistance for Wastewater Treat- ment Plant design and construction. 15. Resolutions 13654, 13655, 13656, 13657, 13658 and 13659 approving Payroll Warrants and Claims & Demands. (86) It was moved by, Beirich, seconded by Ortner, and unanimously carried, that motion outlined in Item 8 above and Resolutions 13648 through 13659 be adopted. Council Minutes 1-7-81 Page 8 16. CAMINO REAL/LA VERNE WAY - STOP INTERSECTION Recommendation: That the Council designate the inter- section of Camino Real and LaVerne Way as a "stop" intersection; with Camino Real traffic required to stop ( 130) at LaVerne Way. Director of Community Development reported that the Engineering Report showed that LaVerne Way carries about 68% more traffic than Camino Real ; that there was concern expressed at the last study session that the intersection should be a 4-'way stop; and that there is no reasors ,to, preclude the Council. from so designating the intersection. Councilmembers 0rtner and Rose ,agreed -that from the standpo,int.,of, safety, the :,pro.blems of sight distance, and the' , man,ner in,'whick the streets-.a,re situated, that the intersection should, be a 4-way s,top;. ,, Mayor noted that a similar action was taken some years ago ,at„Sunrise, Way and Racquet Club, since there would be"no hazard in designating the 4-way stop; and stated no objection-to -the same designation at Camino Real and LaVerne,_Way'. Resolution' 13660, designating said intersection as a 47way._stop, was presented; afte.r,which, , it was; moved by Ornter, seconded by Rose, 'and unanimously carried, that Resolution 13660 be adopted. 17. TRACT MAP 1-1559, - TENTATIVE MAP EXTENSION ' Recommendation: That the Council approve one-year time extension for Tentative Tract Map 11559 for condominium project on north side of Mesquite Avenue - (137) Ervin Engr/C.G.,, Dunham. Director of Community Development reported that the Planning Director; in his 'presentation to the Planning Commission, reported Staff recommendation to require dual sewer system, as ,a condi'tion 'of,the 'map extension, however,- during the'discussion, three motions' were made by the Commission and it did not act on that specific recommendation; that the recommendation ,is, , consistent with ,the.,Council 's po,licy ,established "last, year, to require the ,dual sewer _system,when,,e>;tend,i,ng _' tract, maps;, and that the Staff recommends adding the condition to the Council 's approval . He stated that he recognized that the Flood Control District: has as late as this week requested additional dedication which the applicant has indicated he will provide; and that the original tentative map expired and the applicant had to come in with a new one. In answer to question by Council as to whether the circumstances are unique, Director of Community Development stated that he was not aware of any efforts which might have been made to determine why the project has gone on for such a long time; that he was not entirely convinced that all problems were because of governmental agency problems, however, given that the statements represented were factual , he could possibly recommend approval of waiving the requirement. Council Minutes 1-7-81 Page 9 17. TRACT MAP 11559 (Continued) In answer to question by Council , Planning Director stated that the request for extension was straight forward and the applicant 's attorney was advised CONT'D that the dual sewer system would be recommended as a (137) requirement; that there was no discussion before the Commission as to the reasons for the extension, only whether it was viable; that he was not aware of other developers which have had other public agency problems after the fact; that the file folder is thick for a project of this size and it has been an unusual case; that the developer has been subjected to changes very recently, i .e. , Sunrise bridge, Mesquite street design, channel design, and dedication issues; that the applicant was not negligent in making the request for the extension, but it is unknown whether he moved fast enough toward the final map; and that it was conceivable that an exemption should be given. Councilman Rose stated that there appears to be good and valid reasons why the exception should be granted, which should be the only basis for waiving the policy. Motion by Field, seconded by Beirich, to approve the one-year extension, as recommended by the Planning Commission, failed to carry by the following vote: AYES: Beirich & Field NOES: Ortner, Rose & Doyle ABSENT: None In answer to question by Council , Director of Com- munity Development stated that the matter could be continued for two weeks. It was moved by Field, seconded by Beirich, and unanimously carried, that this matter be continued to January 21 , 1981 . 18. NON-MANAGEMENT PERSONNEL SALARY INCREASE City Manager recommended approving special salary increase of 2% for employees represented by the General , Fire and Police Units, effective January 4, 1981 . He stated that 7-8% increases implemented in July, 1980, were as (110) a result of 3 year memoranda of understanding with the various units which were arrived at during a time when staff did not feel that the inflationary rate would remain in the double digits ; that 1980-81 is the second of the three year period; that the situation has changed and it should be recognized and the City should attempt to remain competitive with those with whom it competes in the labor market; that increases in other jurisdictions have increased 10-12%; and that the additional 2% is fully supportive and fair to the employee and to the City in attempting to remain competitive. Councilmember Beirich stated that the resolution notes that this is a special situation; and that he believes it is wise to maintain trained employees and the dollars invested in that training. I Resolution 13661 , approving salary increase as recommended, was presented; after which, it was moved by Beirich, seconded by Ortner, and unanimously carried, that Resolution 13661 be adopted. )10 Council Minutes 1-7-81 Page 10 19. SWIM CENTER - WATER TREATMENT ROOM Recommendation: That the Council award contract to R.W. Construction Co. , in amount of '.$15,551 for con- struction of water treatment room at the Swim Center; (115 & and appropriate additional funds in amount of $4,222. 61 ) Resolution 13662, amending the budget, and Minute Order 2883, awarding the contract, were presented; after which, it was moved by Rose, seconded by Beirirh; and unanimously carried, that Resolution 13662 and Minute Order 2883 be adopted. REPORTS & REQUESTS: 20. CITY COUNCIL reports & requests a) In response to question of Councilwoman Ortner, staff was .directed to check on status of completion of Barney Miller residence under construction at Southridge. b) In response to concerns expressed by Councilman Rose regarding Paige, Electric construction site trailers, . Director of Community Development noted that the contractor is currently working on 11 signals and that he would check on the status of the projects. Mayor requested that the contractor also be required to remove asphalt dumped on adjoining properties as part of the project cleanup. c) In response to comments by Councilman Field, staff was directed to prepare ordinance to clarify and codify preference to non-use of neon signs. d) In response to comment by Councilman Field, staff was directed to have overhead skylight glass in Council Chamber repaired._ e) In response to concerns expressed by the Mayor, staff was directed to work with the Bureau of Indian Affairs and/or Tribal Council in getting cooperation to have recently burned structures in Section 14 removed. f) In response to concerns expressed by the Mayor, staff was directed to check on status of cleaning "down-and-under" cross gutters, in particular, at Palm Canyon and Andreas and Palm Canyon and Arenas. 21 . PUBLIC reports or requests a) Gary Drucker stated that the Sun Surrey is for tourism and yet it does not serve the Airport; that everyone should be assessed, and a limited few should not (133) be required to pay for the "experiment. " He suggested that the consideration of adding businesses to be charged should be made retroactive. Councilwoman Ortner stated that regarding service to the Airport, perhaps something should be done to improve the taxi service. City Manager noted that in order to follow through, staff needs information concerning specifics instances of poor service. Council Minutes 1-7-81 Page ll 21 . PUBLIC reports or requests (Continued) b) In answer to question by Judy Baldwin, 436 N. Palm Canyon, City Manager stated that the re-evaluation of which businesses should be charged in the Central (133) Corridor Improvement District relates to two areas, i .e. , those which have a legal obligation to be included, but were missed in the assessment and which will be identified and included; and those which are now exempt and an analysis of how to deal with them. c) In answer to question by Maryann Carpenter, City Manager noted that recommendation for installation of a blinking yellow light at the intersection of (130) Compadre Road and Ramon Road, will be presented at the next Council meeting. d) Joe Nacinovich, Police Officer, supported action to install a 4-way stop at LaVerne Way and Camino [teal . 22. STAFF reports or requests - None 23. REPORT OF EXECUTIVE SESSION - January 6, 1981 Mayor reported that the Council , in Executive Session January 6, 1981 , unanimously approved a 10% salary increase for the City Manager. ADJOURNMENT There being no further business at 9:35 p.m. , Mayor declared the meeting adjourned. NORMAN R. KING City Clerk BY:%J�UDITH SUMICFE'�_ L_-Deputy City Clerk