HomeMy WebLinkAbout2/2/1983 - MINUTES 1 �
CITY OF PALMi SPRINGS
CITY COUNCIL MINUTES
FEBRUARY 2, 1983
A Regular Meeting of the City Council was called to order by Mayor
Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednes-
day, February 2, 1983, at 7:30 p.m.
ROLL CAFE: Present: Councilmembers Foster, Maryanov and Mayor
Bogert
' Absent: Councilmembers Doyle and Or' -Kubler
(Mrs. Kubler entered during CRA item)
The meeting was opened with the salute to the Flag and an invocation
by Rev. Rollins, First Baptist Church.
` CO1KKZ 7ITY REDEVELOPNE(I IT 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 NUNUTES:
It was moved by Foster, seconded by Maryanov, and unanimously
carried, Doyle absent, that the minutes of January 12 and
19, 1983 be approved.
CLOSED SESSION REPORT:
Mayor reported result of Closed Session, Tuesday., February
1 , 1983, in which Council approved agreement with the County (123)
relative to wind energy. (Note: See AGR #1893)
PUBLIC HEAKINGS:
1 . AA CASE 3.512 - FRANX XATJASICH - APPEAL
Mayor reported that attorney for appellant has requested
` this matter be continued to February 16, 1983. 11--acing ordered (111 )
continued to said date.
2. P.D. 139 - BROXMEbER
Recommendation: That the Council approve planned development
district for 544-unit, multiple-phased, affordable housing
project on North Palm Canyon ,Drive at Gateway.
Director of Community Development reviewed his 'report, dated
February 2, 1983, noting that this matter had been reviewed
in detail at the last study session, and that the site includes
188 affordable rental units which will be built as the first
phase; that the applicant is negotiating with BLI%] to purchase
property to the north of the site and if that is approved,
they will look to developing the 37 acres they own and are
keeping vacant with housing that could be built on the BLM (116)
site through a density transfer, keeping the BLH site open ;
that the proposed action would give concept approval , after
which, specific plans would follow; and that one condition
' of approval is to provide school sites shown on the General
Plan, which will be refined later this year by the School
District.
Mayor declared the hearing open.
Rev. Rollins, First Baptist Church, spoke in support of the
concept, stating that it is needed in the area and the
community.
Council Minutes
2-2-83 Page 2
P.D. 139 (Continued)
Chris Mills, applicant and architect for the project, stated
that there is a day care center currently being operated
adjacent to the site, and he did not have a problem in provid-
ing the land for a new location, but did not want to get
into the operation of a day care center, which is what would
be inferred from wording of Condition #22.
Rev. Rollins stated that there is room to enlarge the center,
if necessary, and that is a subject which will be looked
at with the developer.
In answer to questions by Council , Mr. Mills stated that CONT'D
there is ample land to set aside land for a day care facility, (116)
and there would be no charge for its use, but he did not
want to be responsible for operating a day nursery; and that
he was referring only to the property and riot the facility;
and that if the subsidized housing process will allow it,
he is willing to advertise only in the Palm Springs area
for the first 90 days, and to restrict rentals to people
living or working in Palm Springs if that is feasible.
Clarence Dauphine, 879 Gateway, spoke in favor of the project,
i .e. , possibility of affordable rental units, stating that
there are many people on Section 8 type housing lists; and
that people who service the tourist-related industry, need
homes here so they will not have the burdens of driving long
distances.
There being no further appearances, the hearing was closed. '
Discussion ensued as to the language of Condition #22 to
insure that it imposed requirement to provide land only for
a day care center, and not the actual construction or operation
of same.
Resolution 14491 , approving the P.D. as recommended, subject
to revising Condition #22 to require that land for a day
care nursery be provided on site, was presented ; after which
it was moved by Ortner-Kubler, seconded by Foster, and unani-
mously carried, Doyle absent, that Resolution 14491 be adopted.
City Clerk read title of Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING A PLANNED DEVELOPMENT
DISTRICT IN-LIEU OF A CHANGE OF ZONE I-OR AN AFFORDABLE
PLANNED RESIDENTIAL DEVELOPMENT ON NORTH PALM CANYON
DRIVE/GATEWAY DRIVE, SECTION 34.
It was moved by Ortner-Kubler, seconded by Foster, and
unanimously carried, that further reading be waived, and
that the Ordinance be introduced for first reading.
3. GENERAL PLAN AMENDMENT - MASTER PLAN OF DRAINAGE. '
Recommendation: That the Council give concept approval of
revised Master Plan for Flood Control and Drainage.
Director of Community Development reviewed his report, dated
February 2, 1983, noting that series of retention basins (101 )
will allow smaller line sizes on downstream side of those
and reduce cost of line to be provided; that the local
engineering firms have reviewed the revised plan, and the
Tribal Council has recommended approval ; and that the Planning
Commission held public hearing, and recommended approval .
Mayor declared the hearing open.
2 0) 1
Council Minutes
2-2-83 Page 3
3• GENE L PLAW X,'EGi9➢NEA_U (Continued)
Arlen Perrier, 3001 Tahquitz-McCallum, representing three
property owners with an aggregate ownership of 72 acres,
stated that there have been no significant changes in the
plan regarding design ; that the plan -initially required a
' cost benefit analysis to be made both system wide and for
different areas in the city, and in each case, had to ' be
a formula. of 1 ; that drainage fee was adopted tDr the area
north of Vista Chino for subdivision maps; t;at the approved
master plan at the time was used, cost to censi.ruc , it deter-
mined and spread against the acreage in the district, and
then development fees placed against land 'that would be
developed, malting the -fee payable before final aep is approved;
that the benefit assessment district results in sharing the
costs, however, a single-family unit will pay ;;300 over the COINT'D
term of the assessment compared to $2,000 per unit for new (101 )
development north of Vista Chino which .,will pay based on
a per acre fee; that he believed fees were edepted without
formal hearings and notice, after which, e;,panded process
was begun and after discussions with the Tribal Council ,
fees were adopted for the remainder of the city; that he
believed the issue to be whether to address funding before
or after establishing the plan ; 'that he believed the drainage
fee should be looked at to determine whether- the Council
accepts philosophy of constructing same with drainage fees;
that he urges a reversal of the policy on drainage Pees ;
that he is not aware of any opposition to creating districts
to accomplish this; and that effect of laws aelating to the
' General Plan today requires more than it did in 1967.
' James Schlecht, attorney representing property orvyner of acreage
north of Vista Chino, expressed view 'that it is substantially
unfair to assess the major share of the cost against vacant
property; that "concept approval " can mean getting stuck
with something that is not wanted; that it will cost more
than the $72 million in today' s dollars when construction
actually takes place, and if there is any doubt as to
collecting those funds in the foreseeable future, it is unfair
to those who will have to pay as time moves ahead; that
requirement of the fees at the time of recording the final
map is unfair, in that often it may be several years before
any construction takes place and it places a. substantial
burden on the developer, unless construction 'loan is ready
on recording the final map; that recordation of the map alone
will not compound the drainage problem; and ii the fees are
pursued, he would like to see them collected at the time
of building permit issuance.
Councilman Foster stated that he does not see any problem
paying the fee at the time of building permit issuance.
Director of Community Development stated that payment of
the fees is at the city' s option - installation of improvement
' can be required; that the amount of liability is based on
per acre fee, and payment is made For the difference between
credit for that which has been installed and the fee required
to be paid; and that if it is automatically required at the
time of issuance of building permit, the city' s option would
be removed, e.g. , a subdivision in which lots only were to
be sold, would mean that the fees would be collected on a
piece-meal basis as each lot was developed; and L' hat require-
ment of the fee or improvement should be done when it is
the most timely.
RUC;
Council Minutes
2-2-83 Page 4
3. GEKECUIL PLASH ANENIDRIEET (Continued)
It was the consensus of the Council that it review the fees CONT'D �
and time of payment. (101 )
Resolution 14492, amending the General Plan as recommended,
was presented; after which, it was moved by Foster, seconded
by Maryanov, and unanimously carried, Doyle absent, that
Resolution 14492 be adopted.
PU.UuD'UC C01e°61'�,EKTS: None 4
LEG ATvlUF lILZTYGGN:
q o R9Z-II JGSI;K rP AUE14EaiT C,2 uU s•"d`cC�N S TS f LCI 5 84BB]'d
Recommendation: That the Council approve agreement with
Testing Engineers, in amount of $21 ,828, for a network pavement
management system study. Report reviewed by Director of
Community Development.
Minute Order 3198, approving agreement as recommended, was ('136)
presented; after which, it was moved by Maryanov, seconded
by Foster, and unanimously carried, Doyle absent, that IAinute
Order 3198 be adopted.
�. P.B US - waA{:EMM1 HOMES - G3OUSIXG A FORDE9KLH'hl?
Recommendation: That the Council approve sales prices for
second phase of the above project, located on the SW corner
of Sunrise Way and San Rafael Drive. Report reviewed by '
Economic Development & Housing Director. (116)
Resolution 14493, approving prices, as recommended, was
presented, after !which, it was moved by Foster, seconded
by Ortner-I(ubler, and unanimously carried, Doyle and Maryanov
absent, that Resolution 14493 be adopted.
6. SECTION 36 HG USIEG - F'PEDRICKS - ERFORCEMENT AGRI:E-1Eff
Recommendation: That the Council approve agreement of enforce-
ment with the State Dept. of Housing A Community Development,
relating to enforcement of City Agreement #1779 with Fredricks.
Report reviewed by Economic Development & Housing Director,
with notation that agreement does not changer the basic lease
in any way, but provides precise provisions of enforcement (85)
should there be a default of the agreement.
Minute Order 3199, approving the agreement, as recommended.,
was presented; after which, it was moved by Ortner-Kubler,
seconded by Maryanov, and unanimously carried, Doyle absent,
that Minute Order 3199 be adopted.
Council Minutes
2-2-83 Page 5
/7� C,IUEii=iCiHPU_ CODE ANKNiDNE4T - SPEED E1UG11'/BGG!E 0AD
Recommendation: That the Council amend the Jikinic-ipal Code
to establish 45 mph speed limit on Bogie Road, between Ramon
and Highway 111 ; and authorize Traffic Engineer to post same.
Director of Community Development stated that currently the
speed limit is 55 mph; that traffic review Has been made (i32}
and based on the 85 percentile, the recommes-scled speed is
45 mph.
Councilman Foster stated that he had no problem with the
45 mph with the exception of that portion between Ramon and
a point south of Sunny Dunes where there ara intersecting
streets and where Bogie is still a half street; that he
believed there would be serious hazards created along this
portion if the speed is more than 35 rnph; that he recognized
problems in complying with the State law regarding speed
limits based on the 85 percentile, but he did not believe
that such logic can compare to looking at the site and deter-
mining what makes sense.
In answer to question by Council , City Attorney stated that
Failure to follow the percentile method of setting speed
limiis results in inability to cite by use or' radar; that
State law assumes that 85% of the drivers drive at a speed
which takes into account those things which they can see
and, therefore, those should not be taken iJEtU account in
setting speed limits ; that special hazards can be taken into
account in setting a lesser limit; and that the limit now
' is 55 mph and perhaps it could be set at 45 ii1ph and monitored
to see if a lesser speed is warranted. l-le also stated that
radar can be used where the speed was based on a:: engineering
survey within five years of the date of the citation, and
if it shows the speed to be X mph and X mph is posted, then
X mph is enforceable, however, if it shows somei,hing different
than that which is posted, then whatever is posted is not
- enforceable by the use of Radar.
Councilman Foster stated that not every block was tested
in the sampling.
Mayor stated that he favored a 35 mph speed For the entire
portion between Ramon and Highway ill ; than; his personal
experience is that most of the traffic 'travels et that speed;
and that there are also a number of cross-tr•aFFic movements
at the south end of Bogie.
Following discusssion, it was moved by Foster, seconded by
v Maryanov, and carried by the following vote, thai: staff prepare
an ordinance to reflect a 45 mph speed limit for Bogie Road,
between Ramon and Highway 111 , with the exception of the
�o rtion From Ramon to a point south of Sunny Dunes, to be
ocated by the Traffic Engineer, which shall be 35 mph:
' AYES: Foster, Ortner-Kubler and Maryanov
NOES: Bogert
ABSENT: Doyle
1
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6 x
Council Minutes
2-2-83 Page 6
Cr2lSEKT:
8. Resolutions 14494 through 14505 (12) relating to Assessment
District 140, consisting of curbs, gutters and paving within (5-0)
the Veterans' Tract, bounded by E1 Cielo, Sunny Dunes, El Placer
and Camino Parocela.
9. Resolution 14506 approving final development plans for a sanctu-
ary addition to the Jewish Community Center on the SW corner (1i6)
of Cahuilla and Chino Drive, P.D. 135,
10. Resolution 14507 approving final development plans for Phase
I of commercial center on ' the NE corner of Racquet Club Road (116)
and Palm Canyon Drive, Eisner-Smith/Racquet Club North, Ltd. PD 136.
11 . Resolution-- -----approving Tentative Tract Map, 18848 to divide
property on Camino Real , north of LaVerne Way, KWL/D. (137)
Mend-1asc I ao.
12. Resolution 14508 and 14509 approving Claims & D !mands and Payroll (86)
Warrants.
13. Resolution 14510 ,authorizing sale, lease, transfer of library
computer software developed by Sperry-Univac on behalf of the (117)
City in 82-8.3.
13A. Resolution 14511 concurring in CRA notion this date. (124)
It was moved by Ortrer-Kubler, seconded by Foster-, and uurani-,
mously carried, Doyle absent, that Resolutions 14494 through
14511 be adopted, and that Item 11 re TTM 18848 be continued '
to February 16, 1983,
114. A.D. 143 - ENGIGVHRIC% SERVICES
Recommendation: That the Council appoint design engineers
for Assessment District 143. Director of Community Development
reviewed his report, dated February 2, 1983.
(56)
Councilman Foster expressed concern about the method of negoti-
ating the contracts and awarding to ten different firms;
that he questioned whether this would be in .the best interest
of the City and believed that 1-2 firms could do the entire
project at less cost.
Councilman Maryanov expressed similar concern, stating he
was not comfortable with the process, and he would like to
see it demonstrated.
In answer to question by Council , Director of Community
Development stated that, normally, the scope of work to be
done is outlined and, along with other factors, e.g. , number
of hours, process, cost., is measured against the engineer' s
proposal ; that sometimes the lowest proposal falls short
of getting the best job done; and that perhaps it would be
informative to review the process as to bidding and determining
lowest bidder in study session.
City Manager stated that this is a much larger project: than
what has occurredin the past in terms of engineering needs.
Councilman Foster stated that he would like to be shown why
it is not practical to have bids obtained for all professional
services.
It was the consensus of the Council that this matter be
continued to February 16, 1983, and be reviewed in an inter-
vening study session.
Council Minutes
2-2-83 Page 7
REPORTS & REQUESTS:
14. DEPARTMENTAL REPORTS - received & ordered filed
a) Treasurer's Monthly - November, 1982
b) 1981-82 Annual Redevelopment Report (121 )
15. CITY COUNCIL reports or requests
a) Councilman Maryanov reported that Sunline Rte 19 has
experienced problems keeping on time, and it is under
study by Sunline; and that dial-a-ride is available to
address the needs of residents in the Western Trailer
Village.
16. PUBLIC reports or requests
a) John Henderson, #9 Juanita Circle, commented on the bus
system and spoke in support of Sunday bus service, and
need for improved attitude by bus drivers.
b) Ruth Edney, representing DEMAND coalition, spoke regarding
discrimination in local federal and public agencies,
and specifically questioned what the hiring, recruitment,
and training programs are of the City with regard to
minorities. Mrs. Edney was requested to document specific
situations in which discrimination took place in order
to provide follow-through, rather than generalize the
subject.
17. STAFF reports or requests - None
ADJOURNMENT
There being no further business at 9:05 p.m. , Mayor declared
the meeting adjourned.
JUDITH SUMICH
City Clerk