HomeMy WebLinkAbout12/15/1982 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
DECEMBER 15, 1982
A Regular Meeting of the City Council was called to order by Mayor
Bogert in the Council Chamber, 3200 Tahquitz-McCallum Way, on
Wednesday, December 15, 1982, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Doyle, Foster, Ortner-Kubler,
Maryanov, and Mayor Bogert
Absent: None
The meeting was opened with the salute to the Flag and a moment
of silence.
COMMUNITY REDEVELOPMENT AGENCY: No business
APPROVAL OF MINUTES:
It was moved by Foster, seconded by Maryanov, and unanimously
carried, that the minutes of November 17, 1982 and December
1 , 1982 be approved.
PUBLIC HEARINGS: None
y PUBLIC COMMENTS:
a) Wanda Hird, 2355 Brentwood, President of the Chamber
of Commerce, stated that based on recommendation of (139)
its Economic Development Committee, the Chamber Board
has recommended that the Council proceed to acquire
land for a convention center.
' b) Paul Selzer, attorney and principal regarding P.D.
143, stated that proposal outlined in his letter accom- (116)
plishes the same thing as requiring vaults to be
installed; that they will commit to joining an assessment
district for the undergrounding of at least 112 mile
or the property is redeveloped, whichever occurs first,
and will record a document to bind themselves to that
requirement. He reiterated comments which previously
have been made regarding the cost and inability to
amortize that cost in connection with the existing
use.
c) Ted Toon, 1846 saudcliff Road, spoke in favor of a
cultural center as conceived by Mesdames Foster and
Toor, and requested that the Council do what it can ( 139)
to attract good entertainment to the community.
d) Robert Bertrand, 933 Chino Road, stated his opinion
that wind-energy structures are not a problem to the (52)
desert air quality, and taxes should not be used to
cover legal costs to fight the County; that the Edison
lines from the Dever Station create a more visual pollu-
tion; and that there is a proposal to reactivate the
Kaiser Plant for the purpose of burning garbage collected
from San Bernardino-Riverside areas in order to generate
electricity, which he felt would cause greater air
pollution problems for the desert. He requested that
the Council direct staff to give negative input to
that proposal .
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LEGISLATIVE ACTION:
1 . P.D. 143 - G. MARANTZ
Background: Consideration of Planning Commission recommend-
ation to approve extending use of existing recreational (116)
vehicle park at 211 W. Mesquite Avenue, was originally
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12-15-82 Page 2
I . P.D. 143 (Continued)
heard November 17 and continued to December 1 , with further
continuance to this date.
Director of Community Development stated that this matter was continued from the last meeting in order to enable
the applicant to review language which had been proposed (116)
to revise Condition #2; that letter has been received from
Mr. Selzer, and he believed his proposal wa:s weak in terms
of assuring that undergounding will take place; that assess-
ment district is not absolute mechanism since there is
some question regarding the involvement of Indian-owned
land and whether assessment district could be put together;
and that the intent was to try to get the improvement within
a specific time period, and he was not certain whether
that guarantee was in the response.
Councilman Foster stated that there was no certainty through
an assessment district, and perhaps the extension should
be limited to five years, and if there are problems, it
can be reviewed, with either a requirement to proceed to
underground, or not continue again, or continue for another
five years.
City Attorney stated that since the Planning Commission
considered a five-year period, it would not be necessary
to return this matter to it for reconsideration.
Paul Selzer stated that they would be agreeable to the
five-year period at which point it would be considered
again. ,
Resolution 14449, approving the P.D. , as recommended by
the Planning Commission was presented; after which, it
was moved by Foster, seconded by Doyle, and unanimously
carried, Ortner-Kubler and Maryanov abstaining, that Resolu-
tion 14449 be adopted, subject to revised Condition 8 to
limit the term of the extension to five years ; and upon
covenant to adhere to participation in assessment district
to underground utilities, or underground utilities at i;ime
of redevelopment, whichever occurs first.
2. MUNICIPAL CODE AMENDMENT - PUBLIC NUISANCES
Recommendation: That the Council amend the Municipal Code
to improve ability to enforce the public nuisance provisions.
City Clerk read title of Ordinance, as follows: (103)
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 11 .72 OF THE PALM SPRINGS MUNICIPAL
CODE.
It was moved by Doyle, seconded by Maryanov, and unanimously
carried, that further reading be waived, and that the Ordi-
nance be introduced for first reading.
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Council Minutes
12-15-82 Page 3
3. VISITOR SERVICES STUDY BY CVB
Recommendation: That the Council appropriate $4,000 for
the visitor services study to be performed by the CVB.
City Manager noted that it was reported at the study session,
that the CVB would be contracting with the City for computer
services, however, as with other surveys it has conducted,
it will be contracting with a private firm.
Councilman Doyle stated that this issue was identified
in joint meeting with the Task Force and the Council , at
which time, some of the statistics of the CVB were
questioned; that the issue should be resolved with a pro-
fessional survey to be conducted by the CVB, to affirm
or reject the need; that he did not believe the issue would
dissolve unless answers and a resolution are found; that
the Task Force is not prepared to do it on its own, nor
is the Chamber of Commerce, and only the CVB has the kind
of professionalism to do it; and that he believed the $4,000
would be an up-set maximum and would be well-spent, and
he supports the request.
Councilman Foster stated that he agreed that the survey
is needed, however, he questioned the methodology to be
used, i .e. , the use of on-street interviews; that the Task
Force has recommended a booth be setup to see how many
people would use it; that he is concerned that the results
may be the same as those which have been challenged as 61 &
valid; and that he would favor the appropriation, but hoped 136)
that the CVB and Task Force agree on the methodology before
' the survey is started.
Councilman Doyle stated that the CVB, Chamber and Task
Force will be reviewing the ground rules under which the
survey will be conducted; and he believed that the issue
could be resolved and a good sample obtained as to whether
people are happy with the services they find.
Councilman Maryanov stated that the Chamber has been
interested in establishing a visitor information center
for many years and has been working toward that end, but
it has not had the funding needed; that the report refers
to the ability to establish and make it self-sustaining;
that he supports the study and thinks there are questions
to be answered from it, e.g. , how many centers should there
be and where should they be located; and that the CVB is
the lead agency and has the expertise to conduct the study
and it has indicated willingness to work with the Task
` Force, Chamber and the community, and he believed there
will be positive results.
Resolution 14450, amending the budget, as recommended,
was presented; after which, it was moved by Doyle, seconded
by Maryanov, and carried by the following vote, that Resolu-
tion 14450 be adopted:
AYES: Doyle, Foster, Maryanov and Bogert
NOES: Ortner-Kubler
ABSENT: None
Council Minutes
12-15-82 Page 4
4. P.S. MOUNTED POLICE RODEO - INCREASED COSTS
Recommendation: That the Council appropriate $13,250 to
fund the City's increased cost of the rodeo; and extend
current agreement with the Mounted Police through January
31 , 1983. Director of Community Services indicated that
the biggest: cost relates to seating.
Councilman Doyle stated that the increased seating costs
also relate to changes imposed by OSHA; that he believes
the City has a moral obligation to assist this year, however,
it will be necessary to workout the manner of funding future (61 &
rodeos; and that he supports the Mounted Police, but with 109)
money getting tighter, it will be necessary to find alterna-
tive ways of making these things happen.
Resolution 14451 , amending the budget, was presented; after
which, it was moved by Doyle, seconded by Ortner-Kubler,
and unanimously carried, that Resolution 14451 be adopted,
and that the agreement with the Mounted Police be extended
to January 31 , 1983.
5. ORDINANCES FOR SECOND READING & ADOPTION (Introduc:ed 12-1-82)
City Clerk read title of Ordinance 1170, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADDING CHAPTER 5.22 TO THE PALM SPRINGS MUNICIPAL CODE (103)
REGULATING HOME OCCUPATIONS WITHIN RESIDENCES WITHIN
THE CITY.
and title of Ordinance 1171 , as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, '
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS AND THE BOARD
OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' (110)
RETIREMENT SYSTEM.
It was moved by Doyle, seconded by Maryanov, and unanimously
carried, that further reading of the ordinance be waived.
It was moved by Doyle, seconded by Maryanov, and carried
by the following vote, that Ordinance 1170 be adopted:
AYES: Doyle, Foster, Maryanov & Bogert
NOES: Ortner-Kubler
ABSENT: None
It was moved by Doyle, seconded by Maryanov, and unanimously
carried, that Ordinance 1171 be adopted.
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Council Minutes
12-15-82 Page 5
6. 1982 UNIFORM FIRE CODE
Recommendation: That the Council introduce ordinance to
adopt the 1982 ed. of the Uniform Fire Code, with amendments,
additions, and deletions thereto, and set January 5, 1983,
as date for hearing thereon; matter reviewed in detail
at the last study session.
City Clerk read title of Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING AND AMENDING THE 1982 EDITION OF THE UNIFORM
FIRE CODE. ( 87 )
- , It was moved by Foster, seconded by Maryanov, and unanimously
carried, that further reading be waived and that the Ordi-
nance be introduced for first reading.
7. P.D. 113A - NAUGLES RESTAURANT
Recommendation: That the Council approve final development
plans for a restaurant, including drive-through facility,
in shopping center at Palm Canyon Drive and Racquet Club
Road. (116)
Resolution 14452, approving final plans as recommended,
was presented; after which, it was moved by Doyle, seconded
by Maryanov, and unanimously carried, that Resolution 14452
be adopted.
CONSENT AGENDA:
8. Resolution 14453 approving second 12-month time extension
for Tentative Tract Map 17110 for property on Chaparral Road, (137)
between Vista Chino and Cottonwood, Hacker/S. Havens.
9. Resolution 14454 approving Tentative Tract Map 11559, for
property on Mesquite Avenue, between Cerritos and Sunrise (137)
- Marco Financial Services; 12-month time extension.
10. Resolution 14455 accepting Amendment #1 to Grant Agreement
for AIP Project 3-06-0181-01 . (51 )
11 . Minute Order j183 awarding purchase of 3 police motorcycles (61 &
to Brown Motor Works, $16,032.51 ; and Resolution 14456 appropri- 84)
ating additional funds, therefore, in amount of $7,033.
12. Minute Order 3184 awarding purchase of a 4-wheel gasoline (84)
utility vehicle to Toro Pacific Distributing, $4,799.
` 13. Resolutions 14457, 14458, 14459 and 14460 approving Payroll (86)
Warrants and Claims and Demands.
14. Resolution 14461 designating certain streets to be in the (136)
Federal-Aid Urban System.
15. Minute Order 3185 awarding purchase of 3 radio control consoles (117)
to Motorola Inc. , in amount of $81 ,480.
It was moved by Ortner-Kubler, seconded by Maryanov, and unani-
mously carried, that Resolutions 14453 through 14461 and Minute
Orders 3183 through 3185 be adopted.
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12-15-82 Page 6
16. AVENIDA FEY NORTE - RECONSTRUCTION
Minute Order 3186, awarding contract for reconstruction
of Avenida Fey Norte, to correct drainage problem, to IONIC (136 s
Construction Co. , Inc. , in amount of $15,648 ; and Resolution 61)
14462, amending the budget to appropriate $20,000, therefore,
were presented; after which, it was moved by Doyle, seconded
by Foster, and unanimously carried, that Minute Order 3186
and Resolution 14462 be adopted.
17. WASTEWATER TREATMENT PLANT EXPANSION - FRASER CONTRACT CHANGE
ORDER
4
Minute Order 3187, approving Change Order 6, in an increased
amount of $38,953, as a result of arbitration award with (127) ,Kenneth Fraser & Co. , Inc. , was presented :; after which,
it was moved by Doyle, seconded by Ortner-Kubler, and unani-
mously carried, that Minute Order 3187 be adopted. (Note:
action ends "paper trail " and documents will be forwarded
to the State to enable City to be reimbursed and close
its records. )
18. STREET PAVEMENT ANALYSIS - PHASE I
Minute Order 3188, awarding contract to LaBelle Consultants
for pavement analysis of approximately 700 dual-lane miles,
in amount of $45,397.80, was presented; after which, it
was moved by Foster, seconded by Maryanov, and unanimously (136)
carried, that Minute Order 3188 be adopted.
19. SEWER CONSTRUCTION REFUND AGR - DST INDUSTRIES
Resolution 14464, approving sewer construction refund agree-
ment with D.S.T. Industries, for sewer constructed along
Radio Road and MacCarthy Road, was presented; after which, (128)
it was moved by Doyle, seconded by Foster, and unanimously
carried, that Resolution 14464 be adopted.
20. FINAL TRACT MAPS 15620 AND 17432
Resolution 14463 and 14465„ approving final maps for Tracts
15620 and 17432, were presented; after which, it was moved
by Doyle, seconded by Foster, and unanimously carried, (137)
that Resolutions 14463 and 14465 be adopted.
REPORTS & REQUESTS
21 ,, DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Wastewater Treatment Plant - 1981-82 Annual
b) CVB - 1st Quarter, 1982-83
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12-15-82 Page 7
22. CITY COUNCIL reports or requests
a) Councilman Doyle stated that recycling waste is not
a categoric exemption, and unless all requirements
of the Regional Air Quality Control Board can be met,
the Kaiser Plant could not be constructed; that reference
to such a facility cannot be related to that which
is being discussed regarding wind energy turbines;
that the Council supports wind energy and sees problems
with what is proposed by the County; and that the Council
should not be made the "whipping boy" while trying
to support the good of the community. (123)
Councilman Foster stated that the public does not appear
to understand what the Council has done or is attempting
to do; that the Council has made public statements
that it supports wind energy; that the Council is object-
ing the manner in which the Board of Supervisors has
acted in overriding its Planning Department and ignoring
the desires of the cities in the Valley, which could
result in 3-400 ft structures along the highway and
in people' s backyards, and in the floodplain; and that
once started, the pass area will be completely filled-in,
and stripped of vegetation and wildlife.
Councilman Maryanov stated he echoed those comments.
b) Councilman Maryanov conveyed appreciation expressed
at recent Senior Center Task Force meeting for the
City' s interest in making programs work and giving
moral support of the Center.
c) Councilman Doyle requested, with the concurrence of
the Steering Committee, that the staff be directed
to review the recommendations of the Touche-Ross report ( 139)
and report back to the Council by the second meeting
in January, and to review Phase II to determine if
it is in-line in order to preclude any delay. He stated
that Mr. Arthur raised some valid concerns in his recent
letter, and those should also be addressed.
During discussion, it was the consensus of the Council
that staff complete its work to bring the matter to
the Council for discussion on January 5, and the decision
to be made January 19, 1983.
Councilman Maryanov suggested that a working schedule
be developed on assumption that the Council will proceed,
in event Council gives the green light to proceed,
the schedule will be in process and matters occurring
on a parallel track.
23. PUBLIC reports or requests - None
24. STAFF reports or requests - None
ADJOURNMENT
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There being no further business at 8:35 p.m. , Mayor declared
the meeting adjourned.
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UDITH SUMICH
City Clerk