HomeMy WebLinkAbout3/16/1983 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
MARCH 16, 1983
A Regular Meeting of the City Council was called to order
by Mayor Bogert, in the Council Chamber, 3200 Tahquitz-McCallum
Way, on Wednesday, March 16, 1983, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Doyle, Foster, 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
PUBLIC HEARINGS:
1 . A.D. 140
Director of Community Development reviewed his report, dated
March 16, 1983, noting that the process started about two
years ago by petition to install street improvements ; that
the improvements consist of curb, gutter, paving and driveway
approaches to individual properties. He explained the cost-
sharing breakdown, and recommended approving modified assess-
ments, overruling protests, confirming the assessments,
awarding the construction contract to Matich Corporation,
in amount of $272,019, and awarding the sale of bonds to (56)
Les Kelley Enterprises, at a net interest cost of approxi-
mately 8.939%. He stated that a meeting was held in the
past week with property owners, in an attempt to clarify
confusion regarding the assessments and the work to be done,
i .e. , driveway approaches, and an indication to them that
the driveway approaches would be modified to accomodate
their needs, up until the hearing; that 19 residents have
protested proceeding with the improvement, representing
32%, and 38 have signed petition in favor of proceeding.
In answer to question by Council , he stated that, the improve-
ment was originally started by petition from the property
owners; that in terms of seeking a way of reducing costs, t
the Housing staff sought to find a means of reducing the ,
costs; that the Veterans' Tract is an area eligible for
block grant funds, and the Council included $180,000 toward
offsetting the cost of improvements in the district, which
was included in the spread of assessment; that the assessments
range from $400± to $2380±; that the assessment for the
curb, gutter and paving is approximately $100 per property,
and the difference in that amount and the assessment relates
to improvements behind the curb in connection with individual
properties; that because of the favorable bids the cost
is much less than originally estimated; that the assessments
are paid over a period of 10 years, in connection with the
tax bill .
Mayor declared the hearing open.
Council Minutes
3-16-83 Page 2
1 . A.D. 140 (Continued)
f Mike Johnson, 610 Desert View, spoke in favor of the district,
stating that there had been confusion as to how much he
" would have to pay, and that although his assessment was
reduced to $2300, he believes the improvement is needed
in the neighborhood; that he believed people had been mis-
informed; and that the street is in very bad condition,
particularly after a rain.
Bob Anderson, 650 Desert View, spoke in favor of the district.
In response to her question Gladys Moore, owner of 578 Desert
Way and 569 Mt. View, was informed that her property is
, - not within the district.
Mary Roth, 611 Highland and Mike McGinnis, 615 Mt. View,
each spoke in favor of the project.
Mr. R. Richards, 656 Highland Drive, stated that he was
not opposed to the street work; that the petition: he submitted
represented owners of 46 different properties; that he CONT'D
believed, after withdrawal of protests, the number of (56)
properties is 28; and that some properties are owned by
three people, and some by a single individual . He read
from his petition submitted March 16, representing himself
and a number of neighbors, requesting a postponement of
the decision, in order to permit time for property owners
to understand the final costs and specific work to be done.
He also questioned why the district would pay for work outside
of its boundaries.
Ruth Dusnick, 620 Desert View, questioned how the street
would be constructed, and whether water drainage problems
would be resolved.
Right-of-Way Agent stated that most of the "drainage" water
comes from flushing of a DWA well in the area; that the
old street will be removed, new grades established, and
new pavement in place; that a cross gutter will cause water
to run directly south rather than east; and thad curbs will
be 6-inches on the neighborhood streets and 8 inches on
El Cielo.
Linda Johnson, 3810 Camino Parocela, commented on previous
actions which she believed resulted in her area being excluded
from the district; and that the area is in need of improvement
and the property owners desire to be included.
Right-of-Way Agent stated that a request to join the district
had been received after the construction bids were submitted,
at a point too late to expand the boundaries of the district.
There being no further appearances, the hearing was closed.
In answer to question by Council , Right-of-Way Agent stated
that in order to permit a smooth transition and proper grade,
three properties were included because there were no curbs
or gutters abutting Camino Parocela.
In answer to question by Council , Mr. Richards stated that
he was speaking for 20+ people who wanted him to represent
them; that he would like to see contact of homeowner completed
before a vote is taken; that they are not opposed to the
work, but to the "steam roller" effect that places people
in hardship; and, in his opinion, the people who are in
favor may be surprised to get higher final costs.
Council Minutes
3-16-83 Page 3
1 . A.D. 140 (Continued) '
John Brown, City special legal counsel for assessment
districts, stated that he believed everything has been legally
and duly undertaken ; that notices were mailed, posted and
published according to law; that staff met with property
owners for 2-3 hours in an effort to answer their questions ;
that he has examined the protests and believed the percentage
of protests represented by Engineering Division and City
Clerk to be correct and a legal protest; that final assess- CON ' D
ments are well below the estimate sent to the property owners, (56)
and it is a misnomer to refer to an "increase" ; that staff
has tried to make adjustments to address the concerns of
the property owners, and there were no adjustments near
the established estimate, and if any had been greater than
the estimate, it would not be possible to proceed; and that
the Council should disregard any comments made by Linda
Johnson, since she is not a property owner within the
district, and the Council need only consider those within
the district. 4
Councilman Doyle stated that the actual assessments are
less than what was originally estimated and given to the
property owners ; that the Council is trying to help improve
the neighborhood, and has given assistance through block
grant funds; and that the drainage problem should be corrected
through the improvement.
Resolutions 14536, 14537, and 14538, approving actions,
as recommended, were presented; after which, it was moved
by Doyle, seconded by Foster, and unanimously carried, that
Resolutions 14536 through 14538 be adopted.
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Council Minutes
3-16-83 Page 4
2. STREET VACATION - ROSE AVENUE
+ Recommendation: That the Council order the vacation of
Rose Avenue and Coronado Avenue, north of S'Cevens Road.
Report highlighted by Director of Community Development.
Mayor declared the hearing open.
Richard Smith, Eisner-Smith, representing homeowners, (145)
indicated availability to respond to questions.
Charles Hough, 1700 E. Tamarisk, commented on the view from
the street, and the need to preserve that for public use,
stating that Juarez Road was vacated in this area, and the
curbs were not removed as promised; that the street is in
good condition, is not an expense . to the City, and should
not be vacated just to provide an exclusive area. to residents;
that the General Plan designation should be restored, and
the City should reassess its motives, loyalties, and inventory
its high ground to be considered for view parking or parking
` area.
There being no further appearances, the hearing was closed.
Director of Community Development stated tha;, the street
will be maintained by the homeowners.
Councilman Foster stated that he is concerned about preserving
views, however, he also has concerns about protecting the
privacy of residents vs. the appeal of various areas to
tour buses.
Resolution 14539, ordering the vacation, was presented;
after which, it was moved by Foster, seconded by Doyle,
and unanimously carried, that Resolution 14539 be adopted.
3. BOARD OF APPEALS RULING - APPEAL BY WM. GIETTER
Recommendation: That the Council deny appeal by William
Gietter from Board of Appeals ruling. This was continued ( )
to April 6, 1983, at request of appellant.
PUBLIC COMMENTS
a) Ms. Toni Williams, 409 E. Bradshaw, on behalf of the
Pueblo Sands Homeowners Association, presented petition,
photo, and suggested layout, relative to request to
require the relocation of two commercial jets currently
parked next to the condominiums.
LEGISLATIVE ACTION:
4. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
Recommendation: That the Council amend previous action
to delete applications for CDBG Economic Development funds. (85)
Report reviewed in detail at last study session.
Resolution 14540, amending Res. 14484, as recommended, was
presented; after which, it was moved by Doyle, seconded
by Maryanov, and unanimously carried, that Resolution 14540
be adopted.
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Council Minutes
3- 16-83 Page 5
5. ENERGY COMMISSION
Recommendation: That the Council amend the Municipal Code
to repeal sunset date for the Energy Commission, and provide (60)
initial terms. Report highlighted by Energy Coordinator.
City Clerk read title of ordinance, as follows„
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
REMOVING THE SUNSET DATE OF THE ENERGY COMMISSION.
It was moved by Doyle, seconded by Foster, and unanimously
carried, that further reading be waived, and that the ordi-
nance be introduced for first reading. f
6. COUNTY PUBLIC USE PERMITS 443 & 447 (WECS)
Recommendation: That the Council adopt statement of condi-
tional support for the above. (123)
Director of Community Development stated that the applications a
relate to installation and construction of wind-powered
electrical generating facilities on two sites in the County
area, i .e. , north side of I-10 in the Whitewat:er Canyon.
Resolution 14541 , indicating conditional support, was
presented; after which, it was Moved by Doyle, seconded
by Maryanov, and unanimously carried, that Resolution 14541
be adopted.
7. ORDINANCES FOR SECOND READING & ADOPTION (Intro. 3-2-83)
City Clerk read title of Ordinance 1177, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 3.40 AND CHAPTER 3.56 OF THE PALM SPRINGS (64)
MUNICIPAL CODE, BY AMENDING VARIOUS SECTION'S AND PROVISIONS
THEREOF RELATING TO THE BUSINESS LICENSE TAX FISCAL YEAR.
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Councilman Foster reiterated his objections to imposing
a full license fee for name change or upon sale of the
business.
It was moved by Doyle, seconded by Maryanov, and unanimously
carried, that further reading be waived; and it was moved
by Doyle, seconded by Maryanov, and carried by the following
vote, that Ordinance 1177 be adopted:
AYES: Doyle, Kubler, Maryanov & Bogert
NOES: Foster >
ABSENT: None
City Clerk read title of Ordinance 1178, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
REPEALING CERTAIN ARTICLES AND CHAPTERS OF THE PALM SPRINGS 0 03) '
ORDINANCE CODE, NOT CODIFIED IN THE PALM SPRINGS MUNICIPAL
CODE.
It was moved by Doyle, seconded by Maryanov„ and unanimously
carried, that further reading be waived, and that Ordinance
1178 be adopted.
Council Minutes
3-16-83 Page 6
CONSENT AGENDA:
8. Resolution 14542 opposing proposed EPA sanctions againssi (98)
California cities/counties located in the South Coast Air Basin.
9. Minute Order 3210 approving Change Order #2 to increase contract
with IONIC Construction Co. , for the Equestrian Center, by (109)
10. Resolutions 14543 and 14544 approving Payroll Warrants and Claims
& Demands. (86)
11 . Minute Order 3211 awarding purchase and installation of two
automatic sliding doors to BWN Automatic Doors, in amount of (51 )
$14,312.
12. Minute Order 3212 approving purchase of 2 1983 Chevrolet Malibu
police units from Grand Chevrolet, in amount of $16,052. (84)
It was moved by Foster, seconded by Maryanov, and unanimously
carried. that Resolutions 14542 through 14544 and Minute
Orders 3210 and 3212 be adopted.
REPORTS & REQUESTS:
13. DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Fire Dept - 1982 Annual
b) CVB 81-82 Audit
14. CITY COUNCIL reports or requests
Y� a) Cultural Center:
Councilman Foster stated that criticisms have been made
recently that Palm Springs does not have commitment
for legitimate theatre in Palm Springs, when in-fact,
the Council has stated that it wants a theatre to be (139)
considered as part of the convention center; that
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he believed the Council should take action to establish
a committee, to be selected through public application,
►s to perform duties that may be charged by 'Ghe Council
to look at assisting, promoting and helping to insure
that a theatre is a part of the community; and that
he believed a definite commitment was needed, in order
for a theatre to become a reality.
Councilwoman Kubler agreed that efforts need W be under-
taken to secure a place for the performing arts.
' Councilman Doyle stated that such a committee should
include fundraising activities and not feasibility of
such a facility.
Councilman Maryanov agreed that the committee would
be an action committee, taking a leadership role.
It was moved by Foster, seconded by Kubler, and unani-
mously carried, that steps be taken to create such a
committee; that interested members of the public be
urged to come forward; and that the specific duties
and functions of such a committee be discussed in study
session at the first opportunity.
Council Minutes
3-16-83 Page 7
b) City Attorney requested to bring forward revised policy
regarding commission appointments. `
c) In response to question by Council , General Operations
Director gave an update regarding slurry seal/cap seal
program in the area along and near Sunn, Dunes, between
Palm Canyon and Sunrise.
d) Staff requested to determine when work will commence
to improve cross-gutter on east side of Indian Avenue
at Amado Road.
e) Staff requested to review time schedules For construction
of areas within A.D. 143 (city-wide sewers) to determine
if work can commence sooner than November, 1983.
15. PUBLIC reports or requests - None
16. STAFF reports or requests - None
ADJOURNMENT
There being no further business at 9:20 p.m. , Mayor declared meeting
adjourned to Tuesday, March 22, 1983, at 2:30 p.m. , in the
Large Conference Room, City Hall .
JUDITH SUMICH
City Clerk
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