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HomeMy WebLinkAbout7/28/1982 - MINUTES CITY OF PALM ,SPRINGS CITY COUNCIL MINUTES JULY 28, 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 28, 1982, at 7:30 p.m. ROLL CALL: Present: Councilmembers Foster, Ortner,i4aryanov and Mayor Bogert Absent: Councilman Doyle 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 Foster, and unanimously carried, that the minutes of July 7 and 14, 1982 be approved; Doyle absent. PUBLIC HEARINGS: 1 . ASSESSMENT DISTRICT 1-39 Recommendation: That the Council approve resolutions , relating to improvements in Assessment District 139, i .e. , ' referring to boundary map, protests, assessment confirmation, contract award and sale of bonds. Director of Community Development reviewed his report, dated July 28, 1982, noting the improvements consist of sewers and asphalt capping in three areas, referred to as 139-A, 139-B and 139-C; that protests representing (56) 75% of the area for 139-B have been received, and that the boundary map for the district should be amended to delete 139-B; that the construction contract be awarded to Massey Sand & Rock in amount of $268,731 .55, less the total sum bid for 139-B; and that the sale of bonds be awarded to California Municipal Investors, Inc. Mayor declared the hearing open. Don Conway, 1758 Mesa Drive, questioned how much he would have to pay if he were to pay the assessment in full before going to bond ; to which, Mr. Brown, bonding counsel explained the discount. There being no further appearances, the hearing was closed. Resolutions 14322, 14323, 14324, 14325 and 14326, as required, relating to protests, deleting 139-B from the boundary map, confirming assessments, and awarding construction contract and sale of bonds, as recommended, were presented; - after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that said Resolutions be adopted. Doyle absent. 1 �81 Council Minutes 7-28-82 Page 2 PUBLIC COMMENTS: a) Dallas Holms, attorney representing PSUSD, spoke in support of adopting the School Impact Mitigation measure, and noted that the Board of Education adopted ' a resolution attempting to resolve the disposition and accounting question relating to the fee. b) Harold Heers, 69278 Tamala, Palm Springs, stated that he is developing housing project which meets affordable housing criteria, known as Sunrise Palms, and that at the time of approval , condition was placed that the project was subject to possible future school fee; that during the interim many matters were discussed, including various amounts for the fee; that he obtained his building permits, which did not include the fee since no decision had been reached at that time; that the burden would be placed on those for whom the housing is targeted, i .e. , for this project the buyer profile indicates an elderly population; that he is opposed to making the fee retroactive; and that he has no objection to applying the fee to those units of the project for which a building permit ' has not been taken. c) Harold Williamson, 9690 Sierra Way, commented on drainage fees, noting that defects were identified with regard to the fee, i .e. , cost benefit analysis not done, weak environmental assessment report, and shortfall of funds even with imposition of the fee; ' that comments have been made that only Indian Lands will be developed because it is thought that the Tribal Council will sustain an appeal and the fee will not be required ; that the drainage fee matter should be reopened and restudied and that a moratorium should be imposed on excess drainage charges ; that developers in the community are taking an economic beating; and that he favors a program that takes care of public safety, but excesses should be examined, in particular, nuisance water - both of which he believed could be dealt with separately. .- d) Allen Perrier, 225 S. Civic, representing JiinsAir, stated that appeal was filed from Planning Commission action in April , to impose drainage fees as a requirement of conditional use permit approval , which was rejected by the City Clerk as not being a timely filing; that subsequent appeal from the Clerk's action was submitted, which was also not accepted because there are no Code provisions for such appeal ; that there are significant legal and practical reasons why the Council should hear the appeal . He reiterated comments which he has previously made regarding drainage fees and the General Plan requirements and stated -' that fees were adopted as part of the Subdivision Ordinance which does not apply to the JimsAir project. e) Bob Mainiero, 596 N. Farrell , local engineer, stated that he supported the JimsAir position, in particular the need for cost benefit analysis; that there are ► many situations which relate to nuisance water and each element should be reviewed to make that distinction; and that the fees should be revised based on conclusions reached in the restudy of the master plan. Council Minutes 7-28-82 Page 3 f) Allen Perrier, 225 S. Civic, representing owners of property north of Ramon near the former dump site, questioned if the property would be able to come into the redevelopment; project if needed, and stated that he did not find any reasonable distinction between that which is proposed to be included and that of his client. LEGISLATIVE ACTION: 2. DUAL SEWER SYSTEM POLICY - ABANDONMENT Recommendation: That the Council eliminate requirement for installation of a dual sewer system on an interim basis for all new residential units not otherwise exempted, provided such units are not occupied prior to June 1 , 1983. Director of Community Development stated that the dual system was approved several years ago as an alternative (128) to stopping development because of lack of capacity at the sewer plant; that the current expansion is anticipated to be completed by November, 1983; that there is a certain amount of time between construction and time project -is ready for occupancy, and it is expected that sewage flows will be reduced in June, which has historically been the case; and that of the units approved to date, but for j which permits have not been taken., but which could be taken and the units completed and ready for occupancy ' prior to June 1 , 1983, the dual system requirement will be waived on the first 500 units on a first-come, first-served basis. In answer to question by Council , Director of Community Development stated that single-family construction on lots of record for which sewer lines are in the street, the ability to connect to the sewer has always existed and dual systems were not required in those instances. Resolution 14327 eliminating requirement, as recommended, was presented; after which, it was moved by Maryanov, seconded by Foster, and unanimously carried, that Resolution 14327 be adopted; Doyle absent. 3. SCHOOL IMPACT MITIGATION Background: On June 16, 1982, the Council gave tentative approval of school impact mitigation measure, ordered a negative declaration of environmental asessment and continued final action to this date. Director of Community Development recommended that the Council order the negative declaration filed, approve (114) the resolution for mitigation, and grant exemption to PD 110 and 116. In answer to question by Council , , City Attorney stated that he has not had further discussion with the District's attorney regarding use of funds, however, the District's resolution provides that funds are to be used for capital improvements, including buildings and furniture, that the resolution proposed before the Council includes provision that the measure may be suspended by the Council during time when District did not have a separate fund for the fees and that funds could only be spent on capital facilities, the intent of which was to mean real property Councill Minutes 7-28-82 Page 4 3. SCHOOL IMPACT MITIGATION (Continued) type improvements; that the Council could also limit that 4 to capital items having a usable life of at least 10 years or some other period of time that might be desired, which ` would be clear that funds could not be spent on supply items, but could include necessary furnishings for the school building. In answer to questions by Council , Director or Community Development stated that condition was imposed on projects after February, 1981 , that the City was studying the measure and the project might be subject to that fee; that the Heers project is the same type of housing as the Lapham and AFCOM projects, however, it came in after the February, 1981 date; and that any affordable housing projects after establishment of the fee would be subject to the fee unless the Council were to waive that category. City Attorney stated that effective date of the proposed resolution is August 1 , 1982; that interpretation could be made, with good assurance of making it stick, that (Cont'd) the fee could be retroactive 60 days. (114) In answer to question by Council , Building & Safety Director stated that permits for 16 units have been issued since June 1 , 1982. Councilman Foster stated that he was concerned for the developer in making the fee retroactive, but also concerned ' about the revenue problems for the School District, Councilman Maryanov stated that he shared the concern about the effective date, however, the fee is to mitigate impact of new growth on the schools and to provide funds to construct new schools ; that the project noted this r. date would not add to the school population and would provide affordable housing; that he favors the August 1 date and the expenditure of funds only for new school construction, which will be required if the population increases; that the population increases as new housing is provided, and that the Heers project mentioned will r not create additional impact on the schools. Mayor stated that he felt it would behoove the District if it met with the Tribal Council to explain why it is not using SB 201 instead of the mitigation measure proposed. Motion by Maryanov, seconded by Ortner, to adopt the pro- posed resolution with an effective date of August 1 , 1982, failed to carry by the following vote: AYES: Maryanov and Bogert ' NOES: Foster and Ortner ABSENT: Doyle r 084 Council Minutes 1 7-28-82 Page 5 3. SCHOOL IMPACT MITIGATION (Continued) City Attorney stated that in the event of a tie-vote, the motion is lost, however, if the tie-vote is as a result of lack of a full membership of the Councill , then the matter automatically carries over to the next meeting unless action is otherwise taken. He stated that it was , his understanding that Mr. Heers had applied for existing building permit substantially prior to June 1 , and permits would have been issued except for the convenience of the department in plan checking and one-half of the project was continued to after the June 1 date; that the most legally sound position would be to have a set date, e.g. , August 1 ; and that attorney for the District has indicated to him that although the District would not want to reject (114) any fees that may have accrued, it would prefer to have the fee in-place and adopted with August 1 as the date, rather than to have the matter continued. He also noted that the potential problem on retroactivity would exist ;- regardless of the date back from which the retroactive portion would begin, e.g. , August 1 or September 1 . Mayor stated that he was not sure why the vote resulted in a tie, and would recommend continuing until the next meeting. Councilman Foster stated that he supported the June 1 date, because he believed the School District should receive as much revenue as it can, and that the developer would be in a position of passing on the amount to the buyer; and that since continuance would create the same problem ' on retroactivity, he would favor reconsideration of the action taken. It was moved by Foster, seconded by Maryanov, and carried by the following vote, that Resolutions 14328 and 14329, establishing August 1 , 1982, as the effective date, and granting exemptions to P.D. 110 and P.D. 116, be adopted: AYES: Foster, Maryanov and Bogert NOES: Ortner ABSENT: Doyle 4. PALM HILLS ESTATES NO. 1 - ASSESSMENT DISTRICT ti Background: On July 14, 1982, the Council continued consid- eration of declaring initial policy regarding formation of a special assessment district for Palm Hills Estates No. 1 . Director of Community Development noted that this matter (56) has been reviewed in detail at prior study sessions, and that pros and cons are outlined in his report of July 14, 1982. Resolution 14330, declaring policy, was presented; after which, it was moved by Foster, seconded by Ortner, and unanimously carried, Doyle absent, that Resolution 14330 be adopted. 081 Council Minutes 7-28-82 Page 6 5. TRAFFIC SIGNALS - 5 INTERSECTIONS Background: On July 14, 1982, Council continued recommenda- tion to award contract for installing and modifying traffic signals at five intersections to Paul Gardner Corp. , in amount of $207,646. Director of Community Development reviewed details of background information memorandum from Traffic Engineerinng Assistant relative to basis for recommending signal at Calle Encilia and Ramon Road, a copy of which is on file in the Office of the City Clerk. Councilwoman Ortner stated that she favored the signal and did not believe that striping would significantly (130) improve ability to make left-turn movement for Ca11e Encilia southbound traffic. Councilman Foster stated that off-set of Calle Encilia creates problem; that it does not meet warravits based on accidents, and barely meets traffic volume, that he believed the striping would solve the problem; that installing a signal would only cause traffic to move over one block to Calle El Segundo, because people will not be willing to wait for the signal to change; that expenditure for 'the signal is a waste of money, and that its, location is too close to Indian Avenue, with another signal being located only one-half block away on Palm Canyon. His motion to award the contract, deleting ,Calle Encilia failed to carry by the following vote: ' AYES: Foster and Maryanov NOES: Ortner and Bogert ABSENT: Doyle Following discussion regarding impact of tie-vote, it was moved, by Foster, seconded by Maryanov, and unanimously carried, Doyle absent, that Minute Order 3108, awarding the contract for all but the Calle Encilia location be adopted. Action regarding the fifth location will automati- cally_ carry over to the next meeting of the full membership of the Council . x 6. AIRPORT RULES & REGS AMENDMENT & COUNTRY CLUB LIMOUSINES LICENSE AGREEMENT Recommendation: That the Council amend the Airport Rules and Regs. regarding fees for charter party carriers ; and �. approve license agreement with Ronald L. Miller, dba Country Club Limousines, effective August 1 , 1982 and ending June 30, 1984. (51) Airport Supervisor reviewed report of Transportation Director, dated July 28, 1982, detailing specifics of the amendment and terms of the license agreement. Resolutions 14331 and 14332, amending the Rules and approv- ing the license agreement, as recommended, were presented; after, which, it was moved by Ortner, seconded by Foster, and unanimously carried, Doyle absent, that Resolutions 14331 and 14332 be adopted. (�8G Council Minutes 7-28-82 Page 7 f 7. ORGANIZATION DEVELOPMENT TRAINING PROGRAM Recommendation: That the Council approve 1982-83 contract with Sentient Systems, Inc. to provide new trainers (TOTS) within the organization and to give these new trainers and the existing ones capabilities to encourage organiza- tional change through the use of techniques such as quality ' circles. City Manager reviewed his report, dated July 28, 1982, noting that this matter was reviewed in detail at the last study session, and that the training program is riot intended as a total replacement for employee training. (110) In answer to question by Council , he stated that emphasis on organization development and training needs to be on-going; and that the mix of consultant and staff is subject to periodic evaluation. Minute Order 3109, approving letter proposal , as recommended, was presented ; after• which, it was moved by Maryanov, seconded by Ortner, and unanimously carried, Doyle absent, that Minute Order 3109 be adopted. 8. COGENERATION FEASIBILITY STUDY , Recommendation: That the Council approve letter proposal of Pacifica Energy Corp. to conduct a cogeneration feasibility study; appropriate funds in the amount of $69,325; and authorize participation in So. Calif. Gas 1 Co. grant program to recover a portion of said program (52) costs. Building & Safety Director noted that the grant would result in recovering $10,000 of the cost; that the study includes City Hall and buildings in that area, Sunrise Plaza, including the swimming pool , and the Wastewater Treatment Plant, as well as looking at interactions with the private sector to promote cogeneration in the community; and that the consultant will forego its usual profit and simply breakeven as a result of its interest in this project. Discussion ensued as to potential for riot 'including City Hall and the Police Building since both are to be expanded. It was reported by both the Building & Safety Director and the Consultant, that it would be possible to do so, however, it was not recommended and it appears preliminarily that the City Hall , including proposed expansion, will result in the highest payback; and that it is advantageous + to look at all areas and combine tradeoffs between them. Councilman Foster stated that perhaps it would be better to do one project to begin with, e.g. , 'Sunrise Plaza, to sell the possibility of payback, and not do the City Hall and Police buildings at this time, particularly, since the Police building is proposed to be totally redone. Councilman Maryanov stated that there is every indication of the potential payback; that there is an obvious energy crisis situation and that Gas Co. has announced substantial rate increases; that delaying the study would result in delaying implementation and that would be a disservice to the City; that everything known about the project warrants taking the risk generally associated with feasibility studies; that the City has an obligation to provide leadership to its community and the $7,500 of the total contract can provide information which the total community can use. T Council Minutes 7-28-82 Page 8 8. COGENERATION (Continued) City Manager stated that if it were desired to select one site before committing to the others, a suggestion would be to proceed with the study and then determine which project is the most feasible. Minute Orders 3110 and 3111 , approving letter proposal (52) and grant participation, and Resolution 14333 amending the budget, were presented; after which, it was moved by Ortner, seconded by Maryanov, and unanimously carried, Doyle absent, that Minute Orders 3110 and 3111 and Resolu- tion 14333 be adopted. 9. PROPOSED REDEVELOPMENT AREAS Recommendation: That the Council adopt resolution selecting preliminary boundaries for 6 proposed redevelopment project areas and direct Planning Commission to prepare preliminary plans therefore. Redevelopment Director stated that his matter was reviewed (133) in detail at the last study session, and that the Tahquitz- Andreas and Ramon-Bogie project area descriptions have been revised to reflect discussion at the study session; and that once the Planning Commission completes its work, the matter will go to the Redevelopment Agency for consider- ation and then to the County and taxing agencies For review and ultimately for public hearing by the Council . Resolution 14334, selecting the sites as revised, was presented; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, Doyle absent, that Resolution 14334 be adopted. l8g Council Minutes 7-28-82 Page 9 CONSENT AGENDA: 10. Resolution 14335 urging passage of SB 1422, regarding decla- (98) rations of State policy with regard to public airports. 11 . Resolution 14336 authorizing City Manager to execute agreements (113) in 1982-83 for police officers to attend CHP motorcycle training class. 12. Resolution 14337 fixing amount of money to be raised from (140) property taxes for 1982-83 debt service requirements and tax rate therefor. 13. Resolution 14338 increasing sewer facility fee to $1,805 (128 & for each residential unit, with corresponding percentage 114) increase for commercial , industrial and hotel units, as of August 1, 1982. 14. Minute Order 3112 awarding purchase of street crack sealing (136) material to Sahuaro Petroleum & Asphalt Co. , in amount of $35,377.50 for 75 tons. 15. Resolution 14339 authorizing purchase of lubricating oils (123) J and greases through the County contract with Union Oil Co. 16. Minute Order 3113 approving increase in contract with Sperry (117) Univac to lease additional computer hardware costing $120 per month. 17. Resolution 14340 declaring intent to approve an amendment (110) to contract with the Public Employees Retirement System, to establish single highest year' s earnings as criterion for determining retirement annuity for Fire Safety, employees, pursuant to 1982 MOU, said amendment to be effective January 1 , 1983. 18. Minute Order 3114 ratifying emergency purchase of replacement (127') bearing assembly and seals for Trickling Filter No. 2, in amount of $7,096.70 to Fulco Sales, sole source supplier. 19. Resolution 14341 approving Claims & Demands. (86) 20. Resolution 14342 approving Final Parcel Map 16326 to divide (119) property on Ramon Road, west of Fern Canyon Drive., Billington/C. Rose. 21 . Resolution 14343 approving final development plans for Planned (116) Development District 129, 76-unit condominium project on the westerly end of Tahquitz-McCallum Way, Cadillac-Fairview Homes. 22. Resolutions 14344 and 14345 approving annual spread of assessment (56) for Street Lighting Maintenance Districts 1 and 2„ 23. Resolution 14346 approving phasing plan for Tentative Tract (137) Map 15620 for property on Stevens Road/Vista Chino/Via Monte Vista, Hallmark/E. Marteka. 24. Resolution 14347 approving Tentative Tract Map 15945 to divide (137) property on Avenida Caballeros and Vista Chino, , IKWL/J. Cotton. 25. Resolution 14348 approving Tentative Parcel Map 113713 to (119) divide property on the NE corner of N. Palm Canyon and Racquet Club, Webb/Racquet Club North, Ltd. 0K Council Minutes 7-28-82 Page 10 CONSENT (Continued) 26. Resolution 14349 approving 127mo. extension for Tentative (137) Tract Map 17151 in connection with P.D. 129 (above item 21 ) . 27. Resolution 14350 approving Tentative Tract Map 1-8087 to divide . (137) property on Bogert Trail , KWL/Andreas Hills, Inc. 28. Resolution 14351 approving Tentative Tract Nap 17943 to divide (137) property on theNW corner of N. Palm Canyon and Vereda del Norte, Webb/R. Baddour. 29. Resolution 14352 approving second 12-mo. extension for Tentative (137) Tract Map, 11559 for property on Mesquite,, between Cerritos and- S.unr-ise, Ervin/C.G. Dunham. 30. Resolution -1.43'53 concurring in CRA actions of this date. (124) It was moved by Foster, seconded .by Maryanov, and unani- mously., carried, ,Doyle absent, that Resolutions 14335 through 14353 and Minute Orders 3112 through 3114 be adopted. 31 , PARKWAYS MAINTENANCE DISTRICTS City Manager stated that because the hearing date originally proposed ,is after- the last date which the County Auditor (138) will accept the charges, he recommended that the Council schedule the matter for an- adjourned regular meeting to be held on Thursday, August 12, 1982, at 3 p.m. , in the Large Conference Room, City Hall ,. and that the Resolution ' approving the Engineer' s Report and setting the hearing date be, so amended; after which, Resolution 14354, approving the ' report„ and setting the date as recommended, was presented, and it was moved by Maryanov, seconded by -Faster and ' unanimously carri-ed, ' Doyle absent, that Resolution 14354 be adopted. 32. SECTION 35 - AFCOM/FREDRICKS WALL & LANDSCAPING Recommendation: That the Council award contract 'to Massey (S5) Sand .& Rock Co. , in .amount. _of $133,085, to construct wall and landscaping improvements north of San Rafael Drive. Minute Order 31:15, awarding the contract, was presented; after which;' it was moved by Ortner, seconded by Maryanov, and unanimously carried, Doyle absent, that Minute Order 3115 be adopted. 33. DENSITY CONTROLLED RESIDENTIAL PROJECTS Recommendation: That the Council approve modifications to conditions effecting density controlled residential , projects; and to specifically . modify: conditions effecting (101 & P.D-. 110, 115 and 116, to allow unit sales prices to 116) increase in an amount not to exceed- the cost of any .interest 1 rate buy down offered by the developer. Director of Community Development reviewed specifics of the modifications. Resolutions - 14355 and 14356, approving amendments and specific modifications, were presented; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, Doyle absent, that Resolutions 14355- and 14356 be adopted. 090 Council Minutes 7-28-82 Page 11 34. PALM TREE TRIMMING POLICY Recommendation: That the Council establish criteria for palm tree trimming within the City and incorporate same (114) as a policy in the Administrative Procedures & Policies Manual ; matter was reviewed at the last study session. Minute Order 3116, establishing the policy, was presented•, after which, it was moved_ by Ortner, seconded by Foster., and unanimously carried, Doyle absent, that Minute Order 3116 be adopted. REPORTS & REQUESTS: 35. Departmental Reports - Received & Ordered Filed a) Treasurer' s Monthly - May, 1982 36. CITY COUNCIL reports or requests - None 37. PUBLIC reports or requests a) Allen Perrier, 225 S. Civic, stated that there are some appeals before the Tribal Council which involve significant fees; that indication is that those will be successful and the City Council 's decision reversed; that the drainage fee for JimsAir will be $93,000, and in view of the circumstances, it is unjustified for it to have to put up that money in order to move forward with its project; that request is made for , the Council to set the appeal for hearing, if for no other reason than to table it and place it in the same status as other projects on appeal ; and that JimsAir is willing to post bond to assure payment of the fee. City Manager stated that one -issue relates to whether drainage fee is appropriate; and the second relates to the status of the appeal ; that he has questions regarding validity of the appeal ; that the authority to attach the fee is ordinance of the Council and is not a discretionary matter; that the ordinance itself should be dealt with in that regard; that both the Tribal Council and the City have received the revised master plan ; that there has been some difficulty in arranging meeting with the local engineers to see if, in their judgement, there are any technical problems and, if so, it will be necessary to go back to the flood control district and resolve those - if not, then the next step would be isolating problem areas in order to know where funds should go to achieve the greatest benefit; that the Tribal Council understood that the revised plan had just been received, and that commitment has been made to follow through in a timely manner; and that the Council will be involved in looking at that and making the ultimate decision on the drainage plan. No action taken. U91 Council Minutes 7-28-82 Page 12 38. STAFF reports or requests - None i AWOURNMENT There being no further business at 9: 30 p.m. , Mayor declared the meeting adjourned. (Note: Regular Meeting of August 4,. 1982, to be adjourned by City Clerk to August 12, 1982, a.t 3 p.m. , in the Large Conference Room, City Hall , due to lack of a quorum; regular meeting of August 18, 1982, to also be adjourned by the City Clerk due to lack of a-. quorum, next meeting September 1 , 1982. ) TH SUMICH City Clerk , w