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HomeMy WebLinkAbout7/14/1982 - MINUTES 071 CITY OF PALM SPRINGS CITY COUNCIL MINUTES , JULY 14, 1982 An Adjourned Regular Meeting of the City Council was called to order by Mayor Bogert, in the Council Chamber, 3200 Tahquitz- McCallum Way, on Wednesday, July 14, 1982 at 7:30 p.m. ROLL CALL: Present: Councilmembers Doyle, Ortner and Mayor Bogert Absent: Councilmembers Foster and Maryanov The meeting was opened with the salute to the Flag and a moment of silence. 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 Ortner, seconded by Doyle, and unani- mously carried, that the minutes of June 2, 5, 16 and 22, 1982 be approved; Foster and Maryanov absent. PUBLIC HEARINGS: 1 . P.D. 138 - GERARD ROOS Recommendation: That the Council approve a planned development district for a restaurant in conjunction with existing small hotel facility on N. Palm Canyon ' and Via Escuela. Director of Community Development reviewed his report, dated July 14, 1982, outlining Planning Commission (116) recommendation and conditions in connection therewith. Ir In answer to question by Council , Director of Community Development stated that if the hotel portion was found not to be successful and the developer desired to remove the units and expand the restaurant portion, that would be feasible under the pdd, subject to hearing and meeting required parking, which could be met if the units were removed; and that one letter had been received in opposi- tion to the application, but was based on misconception of the Commission's recommendation, in that there will not be any parking deficiency since the number of seats will be limited to the amount of parking which can be provided on the site. Mayor declared the hearing opened, there being no appear- ances, the hearing was closed. Resolution 14301 , approving P.D. 138, was presented; after which, it was moved by Ortner, seconded by Doyle, and unanimously carried, that Resolution 14301 be adopted; Foster and Maryanov absent. 2. FIRE DEPARTMENT CONFLICT OF INTEREST CODE - AMENDMENT Recommendation: That the Council approve amendment to Fire Department Conflict of Interest Code to add Fire Protection Specialist designation. (63) City Clerk reviewed her report, dated July 14, 1982, noting that the amendment accomodates organization changes; and that all required notices have been met. 072 Council Minutes 7-14-82 Page 2 2. FIRE DEPARTMENT CONFLICT OF INTEREST CODE (Continued) Mayor declared the hearing opened ; there being no appear- ances, the hearing was closed. CONT'D Minute Order 3097, approving the amendment as recom- (63) mended, was presented; after which, it was moved by Doyle, seconded by Ortner, and unanimously carried, that Minute Order 3097 be adopted; Foster and Maryanov absent. PUBLIC COMMENTS: a) Allen Perrier, 225 Civic Drive, representing Mike Dunn, spoke in favor of an initial policy regarding formation of a special assessment district for Palm Hills Estates No. 1 , noting that the tentative map for the tract has been approved, all engineering completed and the project is ready for final map; that limiting the district to improvement of the (56) major road would not be sufficient that it is needed to fund all improvements, e.g. , sewer, water, streets ; that EIR for the project indicates that revenues from the project will exceed expenses in terms of City revenues and services ; and that the land _ has been appraised at $25 million. b) Robert Bertrand, 700 N. Palm Canyon, President of the Desert Public Power Association, spoke in support of developing wind energy. c) Carey Hellman stated that the Planning Commission had approved the filing of a negative declaration, ' but denied a General Plan Amendment in connection with his application of a savings and loan on the (101 ) corner of E. Palm Canyon and Sunrise Way, and inquired if the Council could take action to approve the General Plan amendment. In response to questions, Director• of Community Development stated that the action of the Commission was to order the filing of a draft negative declaration, and to tentatively disapprove the project; that the law requires that between the date the intended action is announced and the date the final action is taken, an opportunity must be provided for interested parties to comment: on the assessment; that the Commission will hear the matter again on July 28, and take its final action at that time, after which the matter will come to the Council ; that the ordering of the assessment and declared intended action ` is required in any event, whether approval or disapproval is intended. LEGISLATIVE ACTION: 3. PALM HILLS EST #1 - SPECIAL ASSESS. DISTRICT POLICY Recommendation: That the Council consider adoption of an initial policy regarding formation of a special assessment district (56) for Palm Hills Estates No.l . Director of Community Development reviewed his report, dated July 14, 1982, stating that the proposal would not affect the City's future bonding capacity; that the property would be pledged to pay OT Council Minutes • 7-14-82 Page 3 3. PALM HILLS EST #1 (Continued) the bonds ; proposal would establish precedent for this type of district for improvements regardless of value of the land or to discriminate on the basis of the value of the residential development; that consideration should be given regarding the capacity of the sewer plant and previous stated policy to have the expansion currently in progress to last ten years; that based on that assumption, question arises whether the City should be encouraging all types of development or reserving i''t.s CONT'D support and sewer capacity for types of development (56) which are clearly financially beneficial to the City in terms of on-going operational costs. Councilman Doyle stated that the bonds sold would be tax-free and :the mechanism would provide a favoritism to the developer and provide a method of assessment by which the developer does not enter into the project until the bonds are sold - a method which is contrary to what might happen under more typical development; that he was not comfortable with the request since the precedent would have a long-term effect in the community which may be difficult to live with in the future and difficult to justify denials down the line; that he did not find that the public good was really being served when talking about high-priced, premier housing; and that he was not sure whether the City should be associated for that particular purpose to sell tax free bonds. He stated that he favored continuing this matter untie the full Council is present. Councilwoman Ortner stated that she could see merits of this type of funding, but was not convinced that it was the appropriate method for such expensive housing., and questioned use .of tax free bonds for that purpose; that nothing has been presented that would enable the City to deny similar requests in the future; that she could not vote favorably for it at this time; and that she would support a continuance as suggested. It was moved by Doyle, seconded by Ortner, and unani- mously carried, that this matter be continued to July " 28, 1982; Foster and Maryanov absent. 4. 1982-83 BUDGET - STATE SUBVENTION REDUCTION Recommendation: That the Council approve budget amendment }, to reduce 1982-83 budget to cover revenue losses as a result of reductions in State subventions to cities. (61 ) City Manager reviewed his report, dated July 14, 1982, noting that the amendment would cover the revenue loss this year. Resolution 14302, amending the budget as recommended, was presented; after which, it was moved by Doyle, seconded by Ortner, and unanimously carried, that Resolution 14302 be adopted; Foster and Maryanov absent. ,N 1 `r a74 Council Minutes 7-14-82 Page 4 5. BARISTO PARK LANDSCAPE - CONTRACT AWARD Recommendation: That the Council award contract to IONIC Construction Co. , Inc. , for Baristo Park landscaping, in amount of $35,284. , Director of Community Development reviewed his report, (109) dated July 14, 1982, and responded to question by Council- that the small portion of the park across, the channel is accessible to the public, and the fence prevents intrusion into the channel not into , the small portion of the park. Minute Order 3098 awarding contract as recommended, ' was presented ; after which, it was moved by Doyle, seconded -by Ortner, and unanimously carried, that: Minute Order 3098 be adopted; Foster and Maryanov absent. 6. , METHANOL. FLEET PROGRAM '{ Recommendation: That the Council authorize parti,ci- pation, in the State' s 1 ,,000 car methanol fleet program. (52 & Building&-Safety Director stated that this matter had 84) been reviewed in detail at the last study session; that the program provides that 12 assembly-line methanol fueled vehicles will be purchased; that fuel Will -be available in service stations contracted through,,by the ,State„for• -two-years; ,that the, savings: will be about, $3,000 ,per,vehicle and result in a 300%' reduction, in ,emi,ss,i,ons ; that the 24-hour, service requirement for stations can be waived, and is appropriate considering the limited number of same in the City; that the, program will be to 1 establish stations no more than 45 miles apart; 1 that particular stations to provide the fyel will be negotiated with by the State; and that since the, City,, in particular his Administrative Aide,- was instrumental in preventing, the program ,from being cut -by the State Legislature in., its, budget review, indication has been received that the, City will be .at the top of the -list to partic�ipate ;in,,, ,, - the program.. . Minute Order 3099, authorizing participation, was presented; after which, it was moved by, Doyle, seconded, by Ortne. r,,�and unanimously carri Foster,.and Maryanov, - absent,, that Minute Order,30�9 be ed.,do,pte1d, 7. PUBLIC RELATIONS SERVICES CONTRACT Recommendation: That the Council approve contract in amount of $20,000 with Robert Vivian for public relations services. Community Affairs Officer reviewed her report, and stated (50) that the $20,000 will , be- a maximum amount, to be reached on an hourly basis as work may be assigned, and does not relate to'-a specific time frame, e.g. , one year, two years, etc ; and that the work will relate to brochure and feature stories on projects which come up at Council and commission meetings. Minute Order 3100, approving the contract, was presented ; after which, it was moved by Doyle, seconded by Ortner; , and unanimously carried, Foster and Maryanov absent,that Minute Order 3100 be adopted. 07,, Council Minutes 7-14-82 Page 5 CONSENT AGENDA: 8. Resolutions 14303 and 14304 approving amendment No. 2 to grant agreements for ADAP projects -08 and -11 to increase scope of (51 ) work to be accomplished. 9. Minute Order 3101 approving license agreement with SCE for photo- voltaic R & D project. (52) 10. Minute Order 3102 authorizing filing TDA claim with SCAG for $1 ,036 for maintenance of local streets. (104) 11 . Resolution 14305 designating intersection of Alejo Road and Ave. Caballeros, as a four-way stop intersection. (13o) 12. Resolution 14306 granting waterline easement to Desert Water Agency - re: AFCOM/Fredricks project site. (147) 13. Resolution 14307 approving Tentative Parcel Map 17656 to divide property located south of Matthew Drive, east of Cherokee, M. (119) Dragicevich. 14. Resolution 14308 approving Tentative Parcel Map 18648 to combine property on Valdivia Way, between Campana Way and Tachevah Drive, (119) ASL/R. Squire. 15. Resolution 14309 approving 2nd 12-month time extension for Tenta- tive Tract Map 14416 for property located on Hwy 111 , between (137) Bogie and Broadmoor, Engr Serv/Tumanjan & Tumanjan. 16. Resolution 14310 approving 12-month time extension Tentative ' Tract Map 14899, for property located on the NE corner of Bogie (137) and Mesquite, ASL/Friedman Ventures. (see below for Res. 14311 and 14312) 17. Resolution 14313, 14314, 14315 and 14316, approving Payroll Warrants (85) and Claims and Demands. 18. Resolution 14317 concurring in CRA action of this date. (124) 19. Resolution 14318 approving Addenda Nos. 1 and 2 to MOU with General (110) Unit relative to overtime hours. r 20. Resolution 14319 approving Final Parcel Map 17656 to divide property (119) south of Matthew Drive, east of Cherokee - M. Dragicevich, It was moved by Doyle, seconded by Ortner, and unanimously carried, that Resolutions 14303 through 114319 and Minute Orders 3101 and 3102 be adopted; Foster and Maryanov absent. 16A. Resolution 14311 approving 12-month time extension for Tentative Tract Map 16640 for property on Ramon Road, between Warm Sands (137) and Greenfall , KWL/D. Johnson. 16B. Resolution 14312 approving 12-month time extension for Tentative Parcel Map 17878 for property on Montalvo Way, between Valdivia Way (119 ) and Chia Road, Mainiero/SRS Investment Co. !1'76 Council Minutes 7-114-82 Page 6 21 . TAHQUITZ BIKEPATH - CONSTRUCTION AWARD Recommendation: That the Council award contract to Matich Corp. ; for construction of the Tahquitz Bikeway between Sunrise Way and E1 Cielo, in amount of $24,416. Mayor stated that he would have to abstain on this matter and (109) questioned the effect of that in terms of a quorum of the - Council . City Manager stated that there may be a time problem relating to the grant and a continuance could pose a problem. , City Attorney stated that the Council ' s Rules of Procedure provide that an "abstention" shall be construed as if the member is absent, for purpose of the quorum; that the Council could adopt a motion to waive that portion of its Rules for, the remain- + der of tbe' meeting; and could then vote on the 'award of contract, +- with the Mayor, to reflect his presence, but his abstention in voting. Mayor stated that his conflict related to being a stockholder in- the proposed golf course across, which the bikepath will traverse. .. It was moved by Doyle, seconded by Qrtner, and. tananimously carried, Foster and Haryanov absent, that Section 7.3 of the Council Rules of Procedure shall be waived for the remainder of this ineeti,ng. Mayor then turned the meeting over to Councilwoman Ortner to act as Mayor pro tem for chairing this item. Minute Order -3103, awarding the contract as recommended, was presented; after' which, it was moved by Doyle, 'seconded' by Ortner, and carried, Foster and Maryanov absent, and Bogert present but abstaining, that Minute Order 3103 be adopted. 22. TRAFFIC SIGNALS - 5 INTERSECTION MODIFICATIONS Recommendation: That the Council award contract to Paul Gardner Corp for installing and modifying traffic signals at five intersections, in amount of $207,646. r Councilman Doyle stated that Councilman Foster wished to express (130) his view that in his opinion striping of Ramon Road would serve the same purpose as the signal proposed at Calle Encilia, and has requested that this matter be delayed until -the next meeting of the City Manager noted that the contract"could be awarded with or without the particular intersection. Mayor stated that he supported Councilman Foster''s concept and that the intersection should be deleted .from the contract. Councilwoman Ortner stated that she was not of the opinion that striping would help one to make a left turn onto Ramon Road and that she favored installation of the signal . It was moved by Doyle, seconded by Ortner, and unanimously ti carried, Foster and Maryanov absent, that this matter be continued to July 28, 1982. 07 Council Minutes 7-14-82 Page 7 23. ARENAS ROAD, ANDREAS ROAD & AMADO ROAD - STREET RECON- STRUCTION AND AMADO ROAD SEWER MAIN Recommendation: That the Council award contract to Matich + Corporation for reconstruction of Arenas Road, Andreas Road and Amado Road, and 12-in. sewer main in Amado Road, Indian (136) to Belardo, in amount of $122,346. (128) Minute Order 3104, awarding the contract as recommended, was presented; after which, it was moved by Doyle, seconded by Ortner, and unanimously carried, Foster and Maryanov absent, that Minute Order 3104 be adopted. 24. ADDITI:ONAL CONSENT ITEMS Minute Order 3105 authorizing purchase of 2 1982 Chevrolet (84) Impala police patrol vehicles from the CHP in amount of $17,043.78. Resolution 14321 amending the budget, to provide necessary additional funds for the above vehicle purchase. (61 ) Resolution 14320 approving Final Tract Map 17502 for property on Tahquitz west of Sunset Way, KWL/D.P.P. a Nevada Ltd. partner- (137) _. ship. Minute Order 3106 authorizing filling grant application with (109) the County Transportation( Commission for SIB 821 funds to construct the Vista Chino Bikeway. r Minute Order 3107 approving contract with Williams, Kuebelbeck ' and Associates, Inc. , in amount of $15,093, for conducting (139 ) a user survey and job analysis in connection with award of CETA grant. It was moved by Ortner, seconded by Doyle, and unanimously carried, that Resolutions 14320 and 14321 and Minute Orders 3105 through 3107 be adopted;. Foster and Maryanov absent r REPORTS & REQUESTS: 25. DEPARTMENTAL REPORTS - Received & Ordered Filed r a) CVB - March, 1982 ~ b) Treasurer' s Monthly - April , 1982 26. CITY COUNCIL reports or requests +� a) Councilman Doyle stated that there is some feeling on the part of some P.S. Project task force members that the Council may not react favorably to some recommendations of the task forces; that the Council may not be able to do everything recommended because of budget or other con- straints; that much has already been accomplished simply + by communicating with those involved in issues; and that conveners should take the word back to their respective task forces that they do have the support of the Council and that it will give attention to the recommendations and reports which they submit. Community Affairs Officer stated that the conveners met on this date, and will be requesting a joint study ses- sion with the Council to provide an exchange of informa- tion and develop a better rapport. Councilwoman Ortner stated that she has had some concern A in this regard; that great accomplishments can be made Council Minutes 7- 14-82 Page 8 a) Continued through this process, however, she di.d not wish any- one to be left with the impression that she would accept and support every recommendation that might come from the task forces ; that she would give her full attention to such recommendations. City Manager stated that with a project of this magnitude and the, absence of experience on which to preconceive expectations, it is necessary to look at what works and what adjustments might need to be made in the process; and that the Council„ staff and task force members are experiencing, the demands of new roles and the adjustments needed 'thereto. 27. PUBLIC reports or requests a) Joe Henderson, 2233 Smokewood, commented on trucks hauling sand- from the wash area, destroying the natural,.vegetation, near his property and his neighbors, and that 'if the City did not do something, he intended to do so. City, Manager suggested that Mr. Henderson meet with the Police Chief and Director of Building & Safety after the' meeting. b) Dr. Bertrand stated that wind conditions create: a ,wind-shear problem-at the airport, and suggested that the airport 1 be relocated to Edom Hill ; that the City proceed to annex the territory .between the City,and Edom ,Hill„ which would give, the City a dump site, a regional airport site, and territory for, developing wind energy farms. 28. STAFF reports or requests, ,. - .. 4 a) City Manager stated that although the Council indicated at its last study session that it would discuss the marathon funding issue on July 20, however, Tt then cancelled that particular study session ; that as an alternative, the Council could possibly meet 'on July41 to 'review the issue; and that the studl,y session on July 27gins at Noon in order to meet in joint session' with'the" Planning Commission, 'first the ' the Downtown Development Advisory Commission, followed by the regular agenda. Consensus: Marathon to be discussed in connection wi-th 'July 28 agenda. 1 ADJOURNMENT There being no further business at 8:50 p.m. , Mayor declared the meeting adjourned. � ;�'JUDITH SUMICH City Clerk v