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HomeMy WebLinkAbout5/2/1984 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES MAY 2, 1984 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, May 2, 1984, at 7:30 p.m. ROLL CALL: Present: Councilmembers Birer, Foster, Maryanov, Smith & Mayor Bogert. Absent: None 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; and upon reconvening, business resumed. APPROVAL OF MINUTES: It was moved by Foster, seconded by Maryanov, and unanimously carried, that the Minutes of April 10, 13, 17 and 18, 1984 be approved. PUBLIC HEARINGS: 1 . GPA 5.0313 - TECHNICAL APPENDIX Recommendation: That the Council approve the JHK Review of the Street System Element of the General Plan as a technical appendix to the General Plan. Planning Director reviewed report of Director of Community (101 ) Development, dated May 2, 1984, and stated that the means to forecast the traffic in the City as accurately as possible was a computer model , inputting a series of data generated in 1978, including traffic counts and land use studies ; that the expected growth in the Chino Canyon area was also included subsequent to the initial input; that the report examines various links in the street network, to identify major and other streets, and in some cases, down-sizing of ultimate capacity will occur through a series of specific General Plan Amendments ; that because of traffic demands, street improvements will be needed; that the merits of the appendix have been approved by the Tribal Council , however, it has concerns as to the shortfall to fund the improvements that would have to be provided ; that the funding need exists whether the report is adopted, based on assumption that the numbers stated are accurate in terms of a correlation between the plan and the land use plan ; that a mechanism for generating the funding will have to be developed, a considerable amount will be funded through private development in terms of vacant property, but not in developed areas; and that population was selected as the basic parameter. Mayor declared the hearing open ; there were no appearances. It was moved by Smith, seconded by Maryanov, and unanimously carried, that the hearing be continued to May 16, 1984. 7 f; Council Minutes 5-2-84 Page 2 2A. GPA - DRAINAGE It was moved by Foster, seconded by Maryanov, and unanimously (I DI carried, that the hearing be continued to May 16, 1984. PUBLIC COMMENTS: a) Kurt Ealy, attorney representing developers of FTM 19651 , stated that as a result of increased densities in Sections 14 and 22, a dual sewer line is required, and the first developer to exceed that density would have to install the line and then seek a reimbursement agreement; that the Tribal Council has submitted a letter to the Mayor, dated May 1 , 1984, indicating its support of the concept of each development exceeding the original density paying its proportionate share of the cost of the line at the (137) time of development, with the aggregate funds to be used for the improvement. He stated than the fee is $696 per acre, and the developer is willing to either pay the fee or bond for it. b) Bob Paul , Aztec Energy, and President of the Developers Association, stated that there are seven wind energy companies based in Palm Springs, and members of the City staff have been invited to attend their meetings ; and that he believed the decisions relative to wind energy need to be based on a permit by permit evaluation, rather than broad application. LEGISLATIVE ACTION: 2. AIRPORT RULES & REGULATIONS - CHAPTER III Recommendation: That the Council approve the Airport Rules & Regulations, Chapter III. Requested at Study Session this item be continued. It was moved by Foster, seconded by Maryanov, and unanimously carried, that this matter be continued to May 16, 1984. (51 ) 3. WATER RECLAMATION & LAND AVAILABILITY General Operations Director reported that, the possible sale of 10 acres, with an option for an additional 10 acres, to the Desert Water Agency for water reclamation has been discussed at two study sessions, and particularly, in detail at the last study session. (1127) It was moved by Maryanov, seconded by Foster, and unanimously carried, that the staff proceed with preparation of documents necessary for Council action to accomplish the sale of 10+ acres, with option for 10 additional acres, in Section 20, as detailed in report of the Technical Advisory Committee, dated May 2, 1984. 099 Council Minutes 5-2-84 Page 3 4. ADOPTION OF UNIFORM CODES Recommendation: That the Council adopt specific 1982 Uniform Codes, and 1981 National Electrical Code including amendments, (112) additions, and deletions thereto. Public hearing to be held June 6, 1984. Report reviewed by Building & Safety Director. In answer to question by Council , Building & Safety Director stated that the Board of Appeals held public hearings, subse- quent to mailing notices to all contractors holding business licenses - approximately 485 - and that the local amendments reflect those which have applied for many years, with some new and minor changes. City Clerk read title of Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND AMENDING THE UNIFORM BUILDING CODE, THE UNIFORM BUILDING CODE STANDARDS, UNIFORM MECHANICAL CODE, UNIFORM PLUMBING CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SOLAR ENERGY CODE, AND UNIFORM SWIMMING POOL CODE ALL BEING THE 1982 EDITIONS, AND THE 1981 NATIONAL ELECTRICAL CODE. and title of Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE BY AMENDING REFERENCE TO THE UNIFORM BUILDING CODE, THE UNIFORM BUILDING CODE STANDARDS, UNIFORM MECHANICAL CODE, UNIFORM PLUMBING CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SOLAR ENERGY CODE, AND UNIFORM SWIMMING POOL CODE ALL BEING THE 1982 EDITIONS, AND THE 1981 NATIONAL ELECTRICAL CODE. Resolution 15024 making findings, as required, was presented; after which, it was moved by Foster, seconded by Smith, and unanimously carried, that Resolution 15024 be adopted; and that further reading of the Ordinances be waived, and the Ordinances be introduced for first reading. 5. CIRCUS PERMIT Recommendation: That the Council approve permit to conduct circus on May 4, 1984, by the California Correctional Peace Officer' s Association, Ontario, Ca. Assistant City Manager stated that there are no legal impedi- ments to issuance of the permit; that the circus operator (64) has applied for the permit on behalf of the association, and has paid the commercial rental rate for the Stadium. City Attorney stated that all applicants must be treated on an equal basis, whether the basis is for denial or approval ; that it is possible to preclude similar events from occurring within certain time frames, as well as possibly legislating amounts required to go to charity; and that these issues will be pursued by staff. Minute Order 3392, approving the permit, as recommended, was presented; after which, it was moved by Maryanov, seconded by Foster, and unanimously carried, that Minute Order 3392 be adopted. Council Minutes 5-2-84 Page 4 6. SCENIC HIGHWAY SETBACK RECOMMENDATION Recommendation: That the Council , via letters from the Mayor, contact State and Federal legislators concerning a scenic highway setback due to the potential degradation of visual resources resulting from the development of wind energy conver- sion systems near and adjacent to scenic corridors and major highways. Report reviewed by Planning Director, who noted that the Planning Commission will be holding a study session on May 16, 1984, during which it will discuss with wind energy developers the issue of wind energy, particularly, as it affects the City' s Sphere of Influence, and that recommendation to voice concern stems from requests for variances from the 500-ft setback. (123) Council concerns noted: BLM does not give attention to standards ; WECS require roads to be cut, which disturbs the soil and creates dust; and animal life is disturbed. It was moved by Foster, seconded by Birer, and unanimously carried, that the recommendation be approved, and concerns expressed. 7. BOARDS & COMMISSION APPOINTMENT PROCESS Recommendation: That the Council establish process relative to requests for consideration of appointment to City boards or commissions. City Clerk reported the Council policy provides that an inter- view process will be used to provide recommendations to the Mayor for appointments (to be confirmed by the Council ) , and that the interview may be by the Council as a whole, (114) or by 2-member Council committees appointed by the Mayor; that this matter was discussed at the last study session, and it was suggested that a cut-off date for submitting requests for consideration be set for June 9, after, which, interviews would be conducted. It was moved by Birer, seconded by Foster, and unanimously carried, that during the period ending June 9, 1984, any resident and registered voter of the City may express his or her desire to be considered for appointment to a City board or commission, by providing his or, her name to the City Clerk, the Mayor or any member of the City Council ; and as soon thereafter as practical , the Council , as a whole, interview finalist, or the Mayor establish committees as deemed appropriate to complete the interview and selection process. CONSENT AGENDA: 8. Resolution 15025 decreasing selected appropriations in the Capital (117) Projects Fund by a total of $459,458. 9. Resolution 15026 establishing Energy Fund to account for financial activity of the Co-Generation Facilities. (52) 10. Minute Order 3393 approving issuance of permit to P.S. Police Officers' Association for circus on May 11 and 12, 1984, and (64) waiving Business License Tax and facility rental fee. Council Minutes 104 5-2-84 Page 5 11 . Minute Order 3394 awarding contract to Gosney Construction Backhce & Equipment for construction on North Palm Canyon of ramps for f129) the handicapped, in amount of $11 ,040. 12. Resolution 15027 amending the Allocated Positions & Compensation Plans to delete Community Services Planner II and add Community (61 ) Services Coordinator. 13. Resolution 15028 amending the budget to establish funds to cover ( ) Mayor and Councilmember salaries for the remainder of the fiscal 61 year. 14. Minute Order 3395 approving purchase of playground equipment in amount of $47,912 from Hansen Associates, Inc. and waiving (84) formal bid process. 15. Minute Order 3396 approving purchase of factory-load ammunition through the State, in amount of $7,529.25. (113) 16. Minute Order 3397 awarding contract to Masters Construction, a Division of Farmers Land Leveling, Inc. , for construction (128) of a 15-inch sewer main on Avenida Granada, Calle Palo Fierro and La Verne Way, in amount of $164,047. 17. Resolution 15029 assuming obligations of the Redevelopment Agency relative to maintenance of Andreas and Belardo Roads, and indemni- (124) fication of the owner during the time the streets remain open. 18. Resolution 15030 determining the unpaid assessments for which bonds shall be issued in connection with Assessment District (56) 143. 19. Resolution 15031 approving TPM 19974 to divide property located north of Vista Chino, between Indian and North Palm Canyon, (119) Sanborn- Webb/SCE. 20. Resolution 15032 approving TPM 19855 to combine property on Bisnaga Avenue, Billington/D. Reed. (119) 21 . Resolution 15033 and 15034 approving acquisition of property (61 & at 723 Palm Avenue for the ultimate widening of El Cielo Road; 136) and amending the budget to appropriate funds therefor. 22. Resolution 15035 deleting property at the NW corner of Arenas Road and Cahuilla Road from PA5 (Oasis) . (124) It was moved by Maryanov, seconded by Foster, and unanimously carried, that Resolutions 15025 through 15035 and Minute Orders 3393 through 3397 be adopted. 23. FTM 19651 (See Public Comment above by Kurt Ealy) Recommendation: That the Council approve FTM 19651 for (137) property on Amado Road and Calle El Segundo, Section 14 - Kaptur/Watt Industries. Planning Director reported that the approval of the map could be granted, subject to the concept supported Icy the Tribal Council , since the TTM included condition that the developer would have to participate in the resolution eE the sewer issue. U Council Minutes 5-2-84 Page 6 23. FTM 19651 (Continued) Resolution 15036, approving the Final Tract Map, as recommended, was presented; after which, it was moved by Smith, seconded by Foster, and unanimously carried that (137) Resolution 15036 be adopted, subject to payment of prorata share of the sewer line. 24. CONVENTION/CULTURAL CENTER SITE Recommendation: That the Council approve proposed first phase concept for a Convention Center District. (139) Economic Development & Housing Director read resolve clauses Of proposed resolution, which includes that the Council concurs that a performing arts theater and its related parking, if developed, must be located on land outside the existing site covered by a community lease; that sufficient funds to acquire an appropriate amount of fee simple land to accomodate the theater and its related parking would be included within the first phase financing plan for the convention center district; that such fee simple land would be held in the name of the City or CRA for a period of five years to allow private fund raising efforts to proceed to construct such theater and parking; and that it would be the City's intent to sell the property to the private fundraising entity if such fundraising efforts are successful . Resolution 15037, approving the first phase concept, as recommended, was presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, Maryanov & Smith abstaining, that Resolution 15037 Ibe adopted, subject to language correction that the property tie held in the name of "The City of Palm Springs or the rather than in the name of "it" in Section 4 of the Resolution. REPORTS OR REQUESTS: 25. DEPARTMENTAL. REPORTS - Received & Ordered Filed a) Fire - 1983 Annual Report 26. CITY COUNCIL. reports or requests a) Councilman Maryanov requested staff look into allegation of speed trap on portion of Gene Autry Trail , per letter from resident. b) Councilman Maryanov requested that staff bring back recommendation relative to Desert Musuem request for assistance in funding application. c) Council requested that "creeping changes" occurring on the Temple Golf Course project be shared with the Council , along with final development plans for the next phase, as well as how questions dealing with the bike trail and horse trail are being addressed. d) Councilman Smith requested staff proceed with soils test for the McCallum Civic Building site. Assistant City Manager noted that this is underway. Council Minutes 5-2-84 Page 7 27. PUBLIC reports or requests - None 28. STAFF reports or requests ADJOURNMENT There being no further business at 8:40 p.m. , Mayor declared the meeting adjourned. 4U JUDTHSUMICH CityCl erk