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HomeMy WebLinkAbout7/1/1981 - MINUTES 194 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 1 , 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, July 1 , 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 Dr. George Yahn, Our Lady of Solitude Catholic Church. COMMUNITY REDEVELOPMENT AGENCY : Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council . APPROVAL OF MINUTES: It was moved by Beirich, seconded by Field, and unani- mously carried, that the minutes of June 17, 1931 be approved. PUBLIC HEARINGS: 1 . GENERAL PLAN AMENDMENT & ZONE CHANGE CASE 5.0160 - GOLDEN WEST EQUITY PROPERTIES, INC. APPEAL Director of Community Development reported receipt of appeal :from Planning Commission denial for General Plan amendment and a change of zone from O .to C-M for property on Ramon Road, between Bogie Road and San Luis Rey, and stated that the property was originally the City dump site and was in use until the early 1960s ; that it was exchanged by the City in 1977 for an 0-20 hillside parcel ; that nine acres near Ramon werenot used for fill ,are stable, and could support building structures, however, the remaining three-quarters of the property was land fill and is considered unstable for building purposes ; that the City zoned the property 0 for open uses and at one time, considered the site for a golf course development, for which there was some preliminary planning,; and that the, appl,icant has requested that it be zoned commercial -manufacturing. He stated that POST (101 ) suggested, through the Community Services Department, that ,since there was other open space land available, perhaps the developer could acquire a parcel in exchange for the zoning; that although the suggestion was brought up at the Planning Commission level , it was not part of its rationale or consideration, and its denial was based on inconsistency with the General Plan. He reviewed potential uses in the O-zone, noting that a neighborhood shopping center would be allowable, since there is a designation on the General Plan in this area, and its precise location has not been determined. In answer to questions by Council , Director of Community Development stated that the property is affected by the Noise Footprint, but uses proposed are those which would be allowed in that given area; and that he was not certain whether the property fell within both footprints, but the C-M would be allowed in either. 1 ra J Council Minutes 7-1-81 Page 2 1 . GPA & ZONE CHANGE - GOLDEN WEST EQUITY (Continued) In answer to questions by Council , Planning Director explained the surrounding City and County zoning and land uses , and stated that he would provide the Council , this date, with copies of the Planning Commission minutes of meetings in February and March, relative to the zone change, which were held and action tabled, pending General Plan amendment hearings. City Manager read a portion of 1977 staff report to the Council , presented at the time of the land exchange, and indicated that, in his opinion, the appraisal at that time set the price based on assumption that not the entire site could be used for development; also statement of City Manager in Council minutes of June 15, 1977, that 10 acres in the front portion of the property were suitable for development, and the remainder for a golf course, which indicated it was not buildable; and Planning Commission minute excerpt of June 8, 1977 meeting, that the site was to remain in 0 zone and the buyer was contemplating a golf course. In answer to questions by Council , Director of Com- munity Development stated that the Planning Commission found that it was inappropriate to amend the General D' Plan and, therefore, followed through with denial of CONT ONT the zone change based on inconsistency with the General Plan; and that the buildable site falls within parameters for a 5-12 acre shopping center. Mayor declared the hearing open. Bruce McDonald, 400 S. Farrell , appellant, stated that the, existing zoning does not serve the best interest of the City, or the highest and best use of the property; that the surrounding area has changed considerably in the past years; that the property is surrounded totally by commercial , industrial and airport property .(clarired later as referring to only territory in the City) and fronts on two major streets; that some support was expressed at the Planning Commission that a higher zoning would be proper, and suggestion was made that the applicant buy another site and trade that for the zoning, which he felt was not justified; that the City traded the site for 440 acres, which resulted in releasing less property than it got back; that the site probably would have remained as a dump site if it were kept in City ownership; that if the City had wanted to keep the site in open space, he felt it would have done so through a deed restriction; that it appears the City is trying to impose on one private property owner, the overall public purpose of maintaining open space; that he did not believe the uses allowed in the 0 zone are appropriate for the area; that if the property is not developed, someone will have to pay for street improvements on Bogie Road and Ramon Road; that C-M zoning would not effect any residential use, and suggested uses for the property are a car dealership and a home improve- ment dealership; that large industrial uses are proposed along Bogie Road; and that the C-M zone is physically and economically beneficial for the City. 19 6) Council Minutes 7-1-81 Page 3 1 . GPA & ZONE CHANGE - GOLDEN WEST EQUITY (Continued) In answer to questions by Council , Mr. McDonald stated that he believed statements were made by Planning Com- missioners that the property is suitable for the uses proposed; that several members expressed favor if there was a trade-off or donation of other land, which he felt was a definite demand or requirement for the rezoning and it was supported by staff per the POST CONT'D letter; that the applicant is not the buyer who (101 ) purchased the property from the City, but was aware of the zoning and General Plan designation, but believed it possible to get a change through the Planning Com- mission; that the applicant was aware of the City's Open Space Element, and staff's position that a donation of land might be possible and when the subject came up at the Commission meeting, the applicant was not surprised to hear of it, however, felt that the recommendation had never been applied to anyone else with the same type of application; and that the deed contains nothing alluding to the exchange. There being no further appearances, Mayor declared the hearing closed. In answer to questions by Council , Director of Community Development stated that commerical-recreation use is valid and appropriate for the site; that C-M zoning is a hybrid zone, created to accomodate some areas where there was a mixture of commercial and industrial , some in existence prior to incorporation; that the uses desired by the applicant are suitable in M-1-P zoning, of which there is ample in the City, and lie did not believe it appropriate to remove the 0 zone and establish M-1-P when there is alreadytoo much of it; that it was a fair statement to conclude from the Planning Director's comment; in Com- mission minutes of April 8, 1981 , relative to offsetting donation of land, that something else might have been recommended if that offsetting donation had been offered; that the idea had been concluded as valid from a staff point of view; and that it was not a caveat to the Com- mission 's denial . Councilman Rose stated that based on staff and Commission comments in 1977, there is little doubt that it was felt the property would remain in 0 zone, however, it did not result in a covenant running with the land to insure that which suggests possibility that there may be reasons for a change in the future; that from a logical standpoint, the 40 acres does not add to intent of open space, e.g. , washes and alluvial fans, and retaining it -in open space will only result in a dirty lot; that it is -in the best interest of the City to have this entry to the City intersection aesthetically pleasing; and that the fact that the property was purchased as 0 zone should not preclude reconsideration of the zoning, and he would support overruling the Planning Commission and directing appropriate action. Councilman Beirich stated that the intent of the Council in 1977 was mainly to get open space on the hillside, and it was an added bonus that the buyer of the site was suggesting a use that would retain open space; that he did not recall any desire to keep the property in only open space zoning; and that he believed it was appropriate to reconsider and change the zoning. Council Minutes 7-1-81 Page 4 1 . GPA & ZONE CHANGE - GOLDEN WEST EQUITY (Continued) Discussion ensued as to specifics of motion to refer the matter back to the Planning Commission; after which, it was moved by Rose, seconded by Ortner , and unani- CONT'D mously carried, that the existing Planning Commission (101 ) decision be overruled, and that the Commission formulate recommendation for appropriate General Plan designaCion and zone change, other than C-M, which would permit similar industrial and commercial type uses. 2. P.D. 124 - PALM SPRINGS BAPTIST CHURCH Director of Community Development reported Planning Com- mission recommendation to approve a planned development district to master plan undeveloped portion of a 4.1 acre church property on the NE corner of El- Cielo Road and Escoba Drive. He stated that subdivision to the north is part of the natural drainage pattern ; that preliminary concept to handle drainage has been approved by the City Engineer and it has been determined that the water can be moved without flooding homes to the east; and that detailed drainage plans will be required with final development plans and will be required to provide on-site water retention. (116) Mayor declared the hearing open. Barbara Harris, 3552 E1 Gaucho, presented petition signed by property owners on E1 Gaucho Circle and Desert Way, opposing the project because of the drainage concerns and fear that run-off water from the site will become surface water on their streets, and urging denial of the project until a proper drainage plan is approved. She stated that they are not opposed to the development, but to the surface water run-off; that water was standing in the gutter this date; that the entire area was evacu- ated during the 1980 heavy rains and break in Araby Dike; that water from the subject site should flow to El Cielo; and that other avenues to solve the problem should be explored. In answer to questions by Council , she stated that she did not believe the problem as it exists today is severe, and there has been standing water in gutters for as long as she has resided there, but felt the potential increase would increase the severity, potential for insect breeding; and perhaps block walls would be one alternative method, since it seemed more feasible to have the water drain to E1 Cielo. Gary Morris, applicant 's engineer, stated that the Wessman tract drains into one easement on the NE side of the tract and then into the wash; that when it was developed, there was nothing provided to accept natural drainage flows from the church property; that solution was started by the City when El Cielo was curbed, which diverted flows coming through culvert at Highway 111 to flow down E1 Cielo to the wash; that inundation to properties was result of little difference between natural ground level and the housing pads ; that the master plan of drainage should address catastrophic floods, which is not what is being addressed, but rather providing that the back half of the property shall drain in a manner compatible with neighboring property; that some neighbors did not want a 12-ft block wall that would allow water to move back to E1 Cielo, and solution was that normal rainwater on that portion of the property would drain through a 15-inch, underground culvert pipe with catch basin and small curb cut at its exit on the cul-de-sac; that existing nuisance water in the tract relates to poor construction; that nuisance water from the church property will be retained on-site, and details will be worked out with the City Engineer; and that relative 198 Council Minutes 7-1-81 Page 5 2. P.D. 124 - PALM SPRINGS BAPTIST CHURCH (Continued) to the easement, he understood that the grantor's bank has received a copy and is receptive to it since 'it does not convey property. In answer to questions by Council , as to what would be the alternative if there were no easement, Mr. Morris stated that Mr. Kappmeyer's property is at the low end of the street and he did not want a 12-ft block wall in his backyard, which is what would have been necessary to enable drainage to El Cielo; that City Engineer indicated it was not a viable solu- tion since it did not follow the natural drain ; that other option was to install catch basin, however, there was no place CONT'D to drain it except to go to the wash, which also was not (116) viable; and that in the absence of the easement, the applicant would have to have come to the City and pointed out fact that the tract is blocking the natural drainage for the property, and City has wherewithal to obtain the easement. He reaffirmed that nuisance water will be retained on-site and not infringe on neighboring property. Mr. Kappmeyer, grantor of easement, stated that residents in the area had been invited on several occasions to give input but no one chose to do so either to the church engineer or City staff, and he believes there is lack of understanding of the concept; that City Engineer believes it is a preliminary concept and the best solution; that front portion of the property will drain to El Cielo; that the tract was built 3-4 ft. above natural grade and he did not believe any flood protection was a result of block walls; and that he gave the easement because he felt it was the best solution. Cal Yegge, member and representative of the church, stated that he believed the engineers have developed a suitable plan and the only issue is excess water from a heavy rainfall . There being no further appearances, Mayor declared the hearing closed. In answer to question by Council , Director of Community Development reiterated that the Wz of the property would drain to E1 Cielo and the El to the easement, with nuisance water retained on site; and affirmed that majority of land- scaped area requiring water would be on the W':r of the property. Councilman Rose stated that statement was made at the last study session that if it were one use developed at one time, the drainage pattern would be essentially the same; and that fact that itoccurred in steps should not change that; that it is an appropriate plan and provides sufficient safe- guards to make sure that there will not be undue amounts of water; that there are improvements to handle the water; and that he did not see any better solution. Mayor stated that he believed the proposal was a reasonable compromise. Councilman Beirich stated that residents of the cul-de-sacs should realize that the City has learned much in regard to drainage and is more cognizant of what is approved in light of that learning; and that the project would be properl,y engineered to provide the kinds of safeguards desired. Resolution 13870, approving planned development district, as recommended, was presented; after which, it was moved by Rose, seconded by Beirich, and unanimously carried, that Resolution 13870 be adopted. Council Minutes 7-1-81 Page 6 3. C.U.P. CASE 5.0186 - CITY OF PALM SPRINGS EQUESTRIAN CENTER Director of Community Development reviewed his report, dated July 1 , 1981 , and reported Planning Commission recommendation to approve conditional use permit for CONT'D equestrian facility at the confluence of the (116) Palm Canyon and Tahquitz Washes, south of DeMuth Park; and certify EIR in conjunction therewith. Director of Community Services stated that the City does not own a 10-acre parcel , and efforts are being made to complete a three-party ownership trade; that funds are outlined in the CIP, and of the $270,000 cost, $67,000 will be from City funds and the remainder from State Park Bond Act funds; and that Sonora Road is not yet constructed, but street improve- ment cost of $120,000 are included in the construction allocation, and the City has necessary right-of-way. Mayor declared the hearing open. Tom Penn, President of Los Compadres, and Dr. Jenkins, Equestrian Center Committee Chairman, each spoke in support of the project. There being no further appearances, Mayor declared the hearing closed. Resolution 13871 , approving the conditional use permit, as recommended, was presented; after which, it was moved by Beirich, seconded by Field, and unanimously carried, that Resolution 13871 be adopted. 4. PARKWAYS MAINTENANCE DISTRICTS 6A, 6B AND 6C Recommendation : That the Council amend the Engineer's Report to delete District 3-B, overrule protests, and confirm diagram and assessments for 1981 -82 for the above three districts; intention to do so having been declared by the Council on June 3, 1981 , and at which time this was set as time and place for hearing thereon. No protests received. (138) Mayor declared the hearing open. Clarence Dauphine, 879,Gateway Drive, representing Gateway Homeowners Association, spoke in support of deleting District 3-B. There being no further appearances, Mayor declared the hearing closed. Resolution 13872 and 13873, approving actions as above recommended were presented; after which, it was moved by Rose, seconded by Ortner, and unanimously carried, that Resolutions 13872 and 13873 be adopted. I ll6��l Council Minutes 7-1-81 Page 7 5. ASSESSMENT DISTRICT 135 Recommendation: That the Council order chancres, deny protests and make findings, confirm assessments, award (5(3) construction contract, and accept proposal for sale of bonds, all in connection with installation of sewers in Mesa Drive and E1 Portal , Assessment District; 135. Director of Community Services reported that the individual assessments are $3,252.71 ; and that two written protests have been received representing 4.17% of the district. Mayor declared the hearing open; there being no appear- ances, the hearing was closed. Resolutions 13874 through 13878, approving actions as recommended, respectively, were presented; after which, it was moved by Field, seconded by Beirich, and unani- mously carried, that Resolutions 13874 through 13878 be adopted. 6. 1981-82 BUDGET AND ALLOCATED POSITIONS AND COMPENSATION PLANS Mayor noted that budget overview was presented at the last meeting, at which opportunity for public: testimony was given, which was preceded by budget review session on June 13, 1981 . City Manager reported that alternative to proposed resolution was provided to the Council , wherein the allocation for the CVB was revised to reflect $1 ,060,000. Mayor declared the hearing open. (61 ) Arthur Arian, Employment Development Department, spoke in support of funding the Youth Employment Service, and read a letter from his office manager expressing such support; and stated that about $3,000 is needed. City Manager noted that funds have been provided 'in the budget, although he did not recall the exact amount. Grace Slocum, Executive Director for Infoline, stated that Infoline is the only generic information and referral service in the area, and she viewed the loss of City funding as government taking over a function of a non-profit entity, rather than providing a slight funding of it; and that the loss of City support will minimize the impact of Infoline in seeking County funding. Andrew Jessup, CVB President, spoke in support of the $1 .060 million allocation for,the CVB. Charles Vinson, 2710 Ocotillo, Chairman of Associated Desert Retirees, stated opinion that the City should cease funding the CVB and the ordinance should be changed to use room tax to provide operating funds for City needs; and that he understood there are commitments down-valley for a valley-wide CVB, funded through tourist-oriented businesses advertising budgets. There being nofurther appearances, the hearing was closed. Councilman Rose stated in suggesting a valley-wide CVB, it should be recognized that the room tax is a tax on tourist and not on residents; that it is important to keep in mind its intended use, CVB and other specific purposes ; that he did not believe it was an appropriate Council Minutes 7-1-81 Page 8 6. 1981-82 BUDGET & ALLOCATED POSITIONS AND COMPENSATION PLANS (Continued) time to consider a valley-wide CVB; and that he believed Palm Springs would lose more than it would gain, and he would not be willing to support that. CONT'D Councilman Beirich stated that the ADR study was not (61 ) scientific and he would question whether it had any statistical validity; that it was prepared by a specific group for a specific purpose; and that it does not represent the facts, since it was not properly done. Councilwoman Ortner stated that the Council is not oblivious to the issue of the CVB possible phase-out or paying its own way, and has discussed that in study sessions. Councilman Field stated that he felt the budget was appropriate and trusted that representations made that information and referral will be covered in a fashion that will approach being helpful and will continue to be helpful . Resolutions 13879 through 13882, adopting the 1981-82 budget and approving the allocated positions and compensation plans, respectively, were presented; after which, it was moved by Beirich, seconded by Field, and unanimously carried, that Resolutions 13879 through 13882 be adopted. PUBLIC COMMENTS: a) Robert Hirsh, 1170 Via Tennis, representing Goldrich, Kest & Associates, stated his understanding of letter from HUD that the proposed 25% allocation of the 87- rooms could be applied to the City's housing need; (128) that 245 applications were received for .the El Cielo Road project, of which 80% are Palm Springs residents, and out of the 85 interviewed, thus far, 75 live in Palm Springs; that he believes it is a reasonable offer, and he is willing to provide deed restriction. b) Alex Chobotuck, 477-C North Palm Canyon, stated opposition to the Sun Surrey, and criticized the - (133) City ,for not relenting on court action or efforts to collect assessments. LEGISLATIVE ACTION: 7. CONTRACTUAL BUILDING INSPECTOR Recommendation: That the Council authorize an agreement with Virgil Needham for contractual building inspection (112) services at a fee of $2,400 per month. Resolution 13883, approving the agreement, as recommended, was presented; after which, it was moved by Beirich, seconded by Rose, and unanimously carried, that Resolution 13883 be adopted. 8. MUNICIPAL CODE AMENDMENT - APPOINTMENT OF CITY CLERK City Manager stated that he viewed the responsibility of the City Clerk to be a normal staff activity and recommended (69) that it shift from the City Manager to the employee who performs the duties; after which, he read title of Ordinance, as follows : 20 Council Minutes 7-1-81 Page 9 8. MUNICIPAL CODE AMENDMENT (Continued) AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 2.08.030 TO CONT'D CHAPTER 2.08 OF THE PALM SPRINGS MUNICIPAL (69) CODE RELATING TO THE APPOINTMENT OF THE CITY CLERK. It was moved by Beirich, seconded by Ortner, and unani- mously carried, that further reading be waived, and that the Ordinance be introduced for first reading. CONSENT AGENDA: 9. Minute Order 2957 awarding contract to IONIC Construction Company, Inc. , for construction of street improvement on (136) El Cielo Road, north of Tahquitz-McCallum Way, in amount of $35,911 .60. 10. Minute Order 2958 awarding purchase of two Canon Model NP-40OF/Ill sorter, copy machines for City Hall to University Copy Systems (84) of San Bernardino, in amount of $19,626.80. 11 . Resolution 13884 approving filing application for land and (l09) water conservation grant-in-aid funds, and certifying availability of City matching funds in amount of $75,000. 12. Resolution 13885 approving final development plains for Phase 2 of the Desert Chapel Church, on the NE corner of (116) Sunrise Way and Sunny Dunes Road, P.D. 59, Int'l Church of Foursquare Gospel . 13. Resolution 13886 approving Tentative Tract Map 17431 for property on Tahquitz-McCallum Way, between Avenida Caballeros (137) and Hermosa Drive, professional condominiums, Ka.ptur/Heathman- Hill Associates. 14. Resolution 13887 approving Tentative Tract Map 17430 for property on the NE corner of Avenida Caballeros and Amado (137) Road, 78-lots for leasehold purposes , Hallmark/Investors Real Estate, Inc. 15. Resolution 13888 approving Tentative Tract Map 14899 for property on the NE corner of Bogie Road and Mesquite Avenue, (137) commercial office/warehouse/retail complex, ASL/Friedman Ventures. 16. Minute Order 2959 awarding purchase of annual rye grass seed to J & P Garden Supply Co. , in amount of $27,424.50. 17. Resolution 13889 approving Claims & Demands. (815) 18. Resolution 13890 concurring in actions of CRA this date. (124) It was moved by Field, seconded by Rose, and unanimously carried, that Resolutions 13884 through 13890 and Minute Orders 2957 through 2959 be adopted; Beirich abstaining on Resolution 13888. 19. FINAL PARCEL MAP 17049 AND FINAL TRACT MAP 14199 Resolution 13891 , approving Final Parcel Map 17049 to (119 & combine property on North Indian Avenue, between Tamarisk 137) Road and Granvia Valmonte, Webb/Pacific Southwest Realty Company; and Resolution 13892, approving Final Tract Map 14199 for property on Andreas Hills Drive, 4-lot. subdivision, KWL/Andreas Hills, Inc. , were presented; after which, it was moved by Beirich, seconded by Rose, and unanimously carried, that Resolu- tions 13891 and 13892 be adopted. a' NJ a� Council Minutes 7-1-81 Page 10 20. GOLDRICH, KEST & ASSOCIATES - REQUEST FOR SEWER HOOK-UP Director of Community Development reported that the request was not approved at the last meeting, but it was understood that the applicant would come back with additional inForma- tion; that the Council received copies of letter from HUD, supplemental letter from Mr. Hirsh and supplemental staff report., that staff has not supported the request, based on fact that the Housing Element condition which allows sewer connection for projects containing 50% subsidized housing, is not .limited to ten years, but is required in perpetuity. Housing Coordinator stated that letter from HUD was not clear, and discussion with the author indicated that, although HUD did not wish to be placed in posture of whether sucha project addresses housing assistance needs for a particular city, it was the author's opinion that it 'did not do so. In answer to question of Council , City Attorney stated that in the absence of further action, the Council 's previous action would stand. (128) Councilman Field stated that he has not changed his views; that the concept is innovative and he understands the proposition, but he did not think it fits into what the City desires to do. Councilman Rose stated that he was concerned whether it fit HUD or the City's own definition, but it is the First opportunity he has seen where an individual on the low end of the economic scalecan live in this kind of facility; that it is not a matter of assisting someone to buy a. home, but addresses area where people need a feeling of security that their meals will be cooked and they will have a place to sleep; that he believes it is a fair trade-off and is a far greater benefit than just put-Ling a few thousand dollars in the ground for a few ,years ; that there are elderly who need this; and .that he recognized the treatment plan problems, but there is capacity and the opportunity should be taken. Councilwoman Ortner stated that she was very disturbed that it did not count toward meeting low-income, affordable housing targets and recognized that it is more than just subsidized housing; and that she regretted that she could not support it. Mayor stated that he recognized the intent of the proposal , but guidelines have been established and should be adhered to; and that there are other projects coming down the pike which better address what is provided in the Housing Element, and he could not support the request. No action taken. Council Minutes 7-1-81 Page 11 21 . CENTRAL CORRIDOR IMPROVEMENT DISTRICT City Manager stated that issue of expanding the district was deferred by the Council from June to September; that there was considerable concern on the part of some that if it were not expanded, the City would fallback on the existing district, which the Council could do; that he believed there was unanimous agreement that "the current district did not work as was expected and unless it would be revised it would be appropriate to use that as the asssessment basis for further fees; that the delay has helped clear the air that the Council is dealing with the potential for establishing a new district, however, if it does not work out, there will not be a levy next year based on the present district; that there are more important long-term issues facing downtown and one posi- tive side of the surrey issue is that there are a lot of people thinking about the downtown; and that the proposal is to look at starting a process, with likelihood of an outside person to facilitate it, to get at priorities for promotion and retention of downtown viability, via discussion between Council , merchants and staff. He stated that regarding the legal action on unpaid bills., there was no malice involved in the intent to pursue those collections ; that staff has no choice but to uphold the law; that the law is clear and there are unpaid bills; that staff does not have the ability to ignore that; and that even though it may be unpopular, staff intends to uphold that until , and if, it is struck down by a court. Councilman Beirich stated that there appears to be a (133) strong minority who do not like what has happened, and there is an unheard from group who may like -it with some changes; that the Council is asking for opportunity to do something better than what was done in the past, and if, after developing alternative schemes„ the people in whatever districts are considered do not like it, then the Council will have to give serious consideration to disestablishing the district and selling the buses ; additionally, there are a lot of people who have put up a lot of money individually and collectively to run the system, and it would be a gross inequity to ask certain merchants and the City to pickup the tab; that the assessment district was in place and the collection of those unpaid bills must be pursued, unless a different end result is determined by the courts, in which case, money would have to be returned to those merchants who did pay and the City would be out a lot of money. Councilman Field stated that the Council is sharing with people who want to light candles and find a ray of hope, has listened to people registering complaints, and totihose who would want to create something out of this; and that he would lend support to that and to those who would work positively toward something worthwhile for the community. Councilman Rose expressed agreement with Mr. 'Beirich's statements, and stated that everyone feels the business community has a problem, however, in taking the lead to do something, the Council is getting rocks thrown at it and people are suspicious that there is something in it for the Council , and if it must continue to face such criticism, good people will not want to run for office. is I� Council Minutes 7-1-81 Page 12 21 . CENTRAL CORRIDOR IMPROVEMENT DISTRICT (Continued) Councilwoman Ortner stated opinion that the criticism goes with the territory, and she has not seen anything that would change her previous position; and that she thought there should be more working together as to where to go from here. Minute Order 2960 was presented, entitled: CONT 'D AUTHORIZING THAT EXISTING ASSESSMENTS WILL NOT (133) BE LEVIED FOR THE BUSINESS IMPROVEMENT DISTRICT IN 1981-82 AND THAT NO ASSESSMENT IN 1981 -82 WILL BE CHARGED UNLESS A REVISED DISTRICT IS ESTABLISHED. It.was moved by Field, seconded by Rose, and carried by the following vote, that Minute Order 2960 be adopted: AYES: Beirich, Field, Rose and Doyle NO: Ortner ABSENT: None 22. COMMISSION APPOINTMENTS Based on recommendations of Council committees, motions were made, seconded and unanimously carried, that the following appointments be approved for terms ending June 30, 1984: Commission Name Library Board Rosalyn Bronstein Downtown Dev. Advisory Grace Shallies (60) Steve Platt CVB Ran Wyder Stephen Stearns REPORTS & REQUESTS: 23. CITY COUNCIL reports or requests a) Councilwoman Ortner stated that regarding criticism of Council , she felt good leaders would continue i;o surface; that the average citizen does not always keep himself informed and frequently considers himself an authority on subjects on which he speaks ; that the Council will not always agree; and that as long as citizens are informed and know the reasons why certain stands are taken, it will help everyone to elect good leaders. b) Councilman Rose stated that he understood the Transportation Director was not getting swift reaction from APCOA with regard to problems in connection with the parking lot ticketing gate, and suggested that the Council lend its support. No formal action, but consenus that Director express that concern to the concessionaire. c) In answer to comment by Councilman Rose regarding Liebling property and parking structure, City Manager reported that most recent attempt to revive the project met with disfavor by the DDAC, however, that would not preclude the Agency or Council from looking at it and the matter can be brought to the Council at a future point in time. Council Minutes 7-1-81 Page 13 d) Councilman Beirich requested that a status report be given to the Council concerning the AFCOM project, and the financing thereof; after which, City Manager noted that a report has been prepared which will be provided to the Council on July 2, 1981 , and could be the subject of discussion at the next study session. e) Councilman Beirich suggested that the Council consider an early review of the new work program process to determine which programs should or should not be funded, after which, staff could address the mechanics of assigning funding to facilitate the budget process. f) Councilman Beirich stated that public lands were excluded in the proposal for drainage fees, and he felt the intent was that it would not apply to open lands or where development had already taken place; however, in cases such as the Equestrian Center, it may only add to the (114) problem not to impose the fees, and it would not be fair for the City not to pay the fee. City Manager noted that staff has also discussed this issue, and he would like to come back to the Council with a recommendation that addresses that issue or some alternative that deals with City participation in the drainage program. 24. PUBLIC reports or requests a) Bob Glenn, Chairman of new citizen's and merchant's association, stated that lack of response should not be taken as affirmative response; that the association wants to eliminate the sun surrey; that the City Manager indicated that people are starting to become involved and concerned about the downtown area, and (133) they want to work with the City, but first would like to see the buses eliminated; and a little time spent on trying to stop collection of bills and repaying those who paid. b) Pauline Smith, 749 Prescott, stated that: the buses (133) should be eliminated. c) Nathan Wittinger, stated that he has been a silent observer of the bus system, and has never had anyone (133) ask for a token or question him about the buses, but rather where they can park their car. c) Esther Youngerman, 1068 Olive Way, stated that she understood people who were not included in the original 1:133) surrey assessment district are now being billed for the 80-81 assessment. City Attorney stated that some question's were raised about the equity of certain assessments!, and the classification of one business being different from the classification of businesses being ,sued and an attempt has been made to re-examine that: and make sure all were being treated equally. City Manager stated that the issue relates to about ten businesses , either where they had been accidentally omitted or were found to be mis-classified, and he did not anticipate any others in mass numbers; additionally, a list of those specifics could be obtained at City Hall during working hours. 20 Council Minutes 7-1-81 Page 14 d) Alex Chobotuck stated that he did not like any insinuation that those opposed to the buses are not bright or are agitators; that he is only opposed to Council policy, and not to individual members, personally; and that the new merchant's group was formed because it was not afraid to speak-up. e) Jean Gattuso, stated that the bus issues brought a lot of attention to the merchants and has resulted in a better understanding of government. 25. STAFF reports or requests - None ADJOURNMENT There being no further business at 10:20 p.m. , Mayor declared the meeting adjourned. NORMAN R. KING City Clerk 1 DY : JUDITH SUMICH eputy City Clerk