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HomeMy WebLinkAbout5/16/1984 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES MAY 16, 1984 A Regular Meeting of the City Council was called to order by Mayor Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, May 16, 1984, at 7:30 p.m. ROLL CALL: Present: Councilmembers Birer, Foster, Maryanov, Smith and 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 wasmoved by Foster, seconded by Maryanov and unanimously carried, that the minutes of April 23 and May 2, 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. This item was continued from May 2, 1984. Director of Community Development reviewed his report, dated May 2, 1984, noting that no further communication was received (101 ) from the Tribal Council relative to its request for a continuance in order to study the impact of developer fees on Indian land in terms of that aspect of the JHK report. Mayor declared the hearing open. There being no appearances, the hearing was closed. Resolution 15038 adopting the report as recommended as a appendix to the General Plan, was presented; after which, it was moved by Birer, seconded by Maryanov, and unanimously carried, that Resolution 15038 be adopted. 2. GPA 5.0314 - STREET PLAN - SUNNY DUNES/CERRITOS/COMPADRE ROADS Recommendation: That the Council approve amendment to the General Plan Street Plan to delete Sunny Dunes Road from (101 ) Compadre to Sunrise, as a collector/secondary thoroughfare; to delete Cerritos Road from Mesquite to Camino Parocela as a collector street; and to delete Compadre Road from Mesquite to Sunny Dunes as a collector street. Director of Community Development reviewed his report dated May 16, 1984, indicating Planning Commission recommendation as above noted. He stated this recommendation comes forward as a part of the Temple Golf Course and the Tahquitz Creek Scenic Recreation Area Plan discussions; and concerns of on-going maintenance of streets frequently awash with water, disruption of the open space quality of the flood plain, and the need for the streets from a traffic standpoint. He stated that if the streets were constructed, they would disrupt the proposed Temple Golf Course to the point of making it unfeasible. Mayor declared the hearing open, there being no appearances, the hearing was closed. Council Minutes 5-16-84 Page 2 2. GPA 5.0314 (Continued) Resolution 15039, amending the General Plan was presented; after which., it was moved by Smith, seconded! by Birer, and (101 ) unanimously carried, Bogert abstaining, that Resolution 15039 be adopted. 3. GPA 5.0253 - MASTER PLAN OF DRAINAGE Recommendation: That the Council approve revised Master Plan of Drainage, including addition of retention basins to reduce overall size of downstream facilities; the addition of areas not previously covered; and elimination of specific cost- benefit ratio provision. This item has been continued from (101 ) previous meetings. It was moved by Foster, seconded by Smith, and unanimously carried, that the hearing be continued to June 6, 1984. 4,. WASTE DISPOSAL DELINQUENT CHARGES ON TAX BILL The City Attorney stated that due to the necessity to readver- tise this hearing in order to notify individual delinquent users of the potential placement of the charge on the tax bill , that this matter should be continued to June 6, 1984. It was moved by Foster, seconded by Smith, and unanimously (140) carried, that this matter be continued to June 6, 1984, and readvertised for public hearing. 5. SEWER SERVICE CHARGES ON TAX ROLL Recommendation: That the Council elect to have sewer service charges for 1984-85 be collected on the tax roll . Finance Director reviewed his report dated May 16, 1984, and (140) stated that this is the third fiscal year for placing the sewer service accounts on the tax roll and is a procedure which has been successful over the last three years. Mayor declared the hearing open; there being no appearance, the hearing was closed. Resolution 15040, making the determination and establishing the procedures as recommended in the Finance Director' s report, was presented; after which, it was moved by Smith, seconded by Foster, and unanimously carried., that Resolution 15040 be adopted. PUBLIC COMMENTS: a) Jeremy Crocker, 330 W. Arenas Road, read a prepared statement, a copy of which is on file in the Office of the City Clerk, relative to the 'School District' s request for redevelopment for tax increment revenues. He stated that funds for such a study could be used for other public works projects. b) Ralph Buchwalter, General Manager, Federal Alarms Company, Rialto, commented on the proposed false alarm ordinance, stating that more problems will be created under it than under the provisions which currently exist. He suggested that the City consider an alternative ordinance, similar to that developed by the Fire Alarm Western Association, used in Los Angeles. He stated that no industry input to the pro- posed ordinance, that he favors an ordinance covering false alarms, but did not believe the proposed ordinance would adequately do that. Council Minutes 5-16-84 Page 3 PUBLIC COMMENTS: (Continued) c) Jack Matlock, consultant representing the School District, stated that the purpose of proposed redevelopment plan to create new redevelopment project areas to divert tax increment income to the District (126) and the redevelopment agencies speaks, to the Health and Safety Code requirements regarding redevelopment, which is to cure blight. He stated that the State reimburses the District increment loss, but that no funds exist for capital outlay in this coriniunity and those funds cannot be made up. He stated that the State has revenue limits dealing with school operating expenses; however, the proposed redevelopment concept does not address operating cost, but capital improve- ment cost to cover future needs for construction and rehabilitation at this time; and that he would like to see a redevelopment project area formed in which the District would share tax increment revenues with other agencies. He stated that the District is not seeking an adversarial relationship. d) Tuck Broich, 1130 Manzanita, stated that he was a member of the Security Task Force which addressed concerns regarding false alarms and unanimously endorsed proceeding with a revised false alarm ordinance. e) Bill Carver, 529 S. Palm Canyon Drive, commented on a survey regarding a new state prison, indicating that two areas are being looked at, one near the Coachella Valley, which would have a negative impact on what the valley is trying to do in terms of creating tourism. f) Barney Miller, 982 Marian Way, spoke in support of the proposed False Alarm Ordinance stating that the task force spent considerable time reviewing this matter and did not feel that any of the meetings that it had with the Police Chief were fruitless. g) Bill Smith, member of the task force, stated that it was vital to have some type of False Alarm Ordinance; that the existing one does not have any teeth in it; and that he desired to support the Police Department by not having to chase down reckless users of false alarms; and that Los Angeles and Pasadena have passed ordinances which have effectively reduced their false alarm calls. LEGISLATIVE ACTION: 6. AIRPORT RULES AND REGULATIONS - CHAPTER III Recommendation: That the Council approve the Airport Rules and Regulations, Chapter III. In line with discussions at the Study Session, it was directed that this matter be referred to the Airport Commission for (51 ) comment, due to the amount of time which has elapsed since the Commission's original recommendation. 7. CO-GENERATION - COUNTY AGREEMENT FOR THERMAL ENERGY Recommendation: That the Council approve agreement with the County for purchase of thermal energy from the Municipal Co- (52) generation Plant for the County Administrative Building. Report was reviewed by the Building and Safety Director. Council Minutes 5-16-84 Page 4 %. CO-GENERATION - COUNTY AGREEMENT FOR THERMAL ENERGY (Continued) Minute Order 3398, approving the agreement as recommended was presented; after which it was moved by Smith, seconded by (52) Maryanov, and unanimously carried, that Minute Order 3398 be adopted. 8. SCHOOL DISTRICT REDEVELOPMENT PLAN Consideration of School District proposal to create new redevelopment project areas to divert future tax increment funds equally to the District and the redevelopment agencies. City Manager stated that two resolutions have been proposed which: authorize funding a loan through the school impact mitigation fees to be used by at consultant, potentially (126) between the cities involved, to develop a process to be followed to accomplish the stated purpose; and, secondly, establish a working committee to work with the School District on issues to get the process going. He stated that concerns expressed at the study session, deal mainly with lack of clarity of request being proposed; that tax increment could not be passed to the City, but rather would go to the Agency, therefore, any increased valuation would decrease the City' s increase 100% and go to the Agency - such funds mainly to be used for improvements through the redevelopment process; that Palm Springs has about 2% of its area in redevelopment, and, in the past, deferral of tax increment dollars made sense because of the long-run returns being in excess of the loss through increment funds; that in Rancho Mirage, fire and library services are provided by special districts, which would receive 100% of pass-through of the increment funds if the proposal were implemented, however, Palm Springs, which provides its own fire and library services, would not be in the same position because it would not receive the pass- through; that there is a philosophical question as to what the subsidies should be under which redevelopment projects are formed - in Palm Springs, that philosophy has been conserva- tive; and that the request is unclear whether it is for a city-wide redevelopment project, or that the City consider the School District when it comes time to look at additional redevelopment projects in smaller areas in the City. Jack Matlock stated that it is not planned that the entire City should be covered by a redevelopment area, rather blighted schools and areas that could lead to project areas; that it was never intended to lay a blanket over the entire City; that the Council has adopted a resolution on impact fees with some restrictions, and requested the Council allow use of some of those funds to hire a firm for financial studies, legal aspects, and address question regarding blight; that the cities and the District would have a coordinating committee; that the amount needed for the consultant may vary from $65,000 to $150,000; and that it was hoped that all details would be worked out by the end of 1984. Councilman Maryanov, stated that the effect would be to take money out of the General Fund and put it into the Redevelop- ment Fund, and he did not think the redevelopment law was intended to fund schools, no matter how badly needed. Mr. Matlock stated opinion that the State Legislature approved use of redevelopment for schools; that redevelopment projects have the hope of stimulating and revising a community, and bringing in more money; that a suggested project area would be the P.S. Mall and vacant property east of it; that redevelop- ment funds to revitalize the mall would generate new revenue to the City; that the District does not feel it needs more of the tax increment to develop its goals and the amount not Council Minutes 5-16-84 Page 5 8. SCHOOL DISTRICT REDEVELOPMENT PLAN (Continued) passed to the City would be ample to meet its needs, and pass- through to the other agencies would not pose any conflict. City Manager questioned why there should be a prernise that there should be a 100% pass-through to other agencies in order to avoid confrontation; and stated that if it makes sense to have redevelopment, other agencies might not get 100% in order to provide incentives and thereby gain more in the outure; and that the subject of pass-through should be explored on a project-by-project basis. Mr. Matlock stated that the District has no power to create a redevelopment agency; that the District only wished 'to rely on that portion that would be realized by the Dis'i:rict; and commented on the District's dependency on the State for funding. Councilman Maryanov stated that the "City" has paid $500,000 in fees since the fee was adopted; that the School cannot pass-through increment monies to the City, which means more would come out of the General Fund, which is not the case in (126) Rancho Mirage; that he did not know how lack of pass-through would affect Cathedral City; and that prior redevelopment projects were viewed in terms dollars which would ultimately come back to the General Fund. Comments by Council indicated need for: formal request by the Board of Education; definition of blight; amount of funding needed; responsibility of the City to the district; plan for expenditures; phased plan, with specific points for terminating further study; and a clarified proposal . Mr. Matlock stated that a number of questions will be raised, which is one reason for the study. City Manager stated that it would be a different matter if the request is to look at potential redevelopment areas where there are other issues besides schools, and the Council could determine that diversion of funds from the General Fund is beneficial to the schools, and District pass-throuqh is bene- ficial to the District, and each were explored '1=rom that approach. He stated it would be helpful if the School Board provided guidance as to what it would like to have occur. It was the consensus of the Council that this matter be scheduled for study session May 29, 1984, for further review and discussion. 9. P.D. 153 - TEMPLE Recommendation: That the Council approve final development plans for third residential phase under Planned Development District 153, property east and west of Farrell Drive, south of Ramon Road. Director of Community Development reviewed his report, dated (116) May 16, 1984, stating that there have been some changes since the preliminary plans, which is not unusual in the Planned Development District process, and that considerable time was spent at the last study session reviewing the revised proposal of the golf course, but it is not a part of the proposed action at this time. He noted the various changes 'indicating that a number of the various paths have been changed from a 20 ft. to a 10 ft. setback next to the parking lot of the church; that there has been a slight modification of the wall in terms Council Minutes 5-16-84 Page 6 9. P.D. 153 - TEMPLE (Continued) of the degree of the meandering sidewalk; that letter was received from Mr. Fixa, and the nearest unit to him is a single story, with the closest distance being 1.40 ft. In answer to question by Council , Director stated that the maintenance building was moved from the prior area which previously effected Sunrise Villa. Planning Director stated that the final location of the tennis courts has not been fully addressed, but they are still shown in the same general location, are sunken, and landscaped. He stated that notification, regarding the parking lot., could be provided to future owners through the conditions of the tenta- (116) tive tract map. Resolution 15041, approving the final development plans for the third residential phase as recommended, was presented; after which, it was moved by Smith, seconded by Birer, and unanimously carried, Bogert abstaining, that Resolution 15041 be adopted. 10. MUNICIPAL CODE AMENDMENT - FALSE ALARMS Recommendation: That the Council amend the Municipal Code relative to false alarms. Police Chief reviewed his report dated May 16, 1984, indicating the continuing problem experienced by the Police Department in the number of false alarms per year, calculated to represent about 20% of the total calls for service, with an average time to handle same of approximately 12 minutes. He (103) stated that it takes approximately 62 manhours per day to respond to the alarms and that the department has been meeting with local alarm people in an effort to try to encourage them to work with their clients to clear up the problems; however, results have not been fruitful , and the proposed ordinance is believed necessary at this time. He stated that the proposed fine structure would cover cases where there were two viola- tions in a 30-day period or more than three in a 90-day period, a $50 fine would be imposed and a second violation would result in another $50 fine, with a $100 fine for a third violation. He stated that the task force worked on the proposed ordinance for approximately one year, considering a number of alternatives and concluded that the proposed ordinance would be that which he recommended; that the existing ordinance does not require a renewable permit, and it has not been abided by, or enforced by the industry; that any kind of enforcement will result in a certain amount of antagonism by those involved in the enforcement process, which will come about whether a fine is levied or there is discussion about revoking a permit; and that under the proposed ordinance a person could install the system without cast and would only incur cost should violations of the ordinance occur, i .e. , multiple false alarms. In answer to question by Council , Police Chief stated that 65% of false alarms come from residential user, and 35% from commercial ; that the majority of alarm failures are caused by careless use; that some are monitored by an answering, service, and that the Ordinance encourages alarm companies to use answering systems. City Attorney stated that the Ordinance covers unusual weather circumstances which cause the alarm to be triggered, for which no penalty would be imposed. City Clerk read title of the Ordinance as follows: t � 1 Council Minutes 5-16-84 Page 7 10. MUNICIPAL CODE AMENDMENT - FALSE ALARMS (Continued) AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.02 OF THE MUNICIPAL CODE, AND (103) REGULATING THE USE OF ALARMS AND ALARM SYSTEMS. It was moved by Foster, seconded by Maryanov, and unanimously carried, that further reading be waived, and that the Ordinance be introduced for first reading. 11. McCALLUM BUILDING DISPOSITION Recommendation: That the Council reject all previous pro- posals for sale or lease of the McCallum Civic Building and authorize preparation and distribution of RFP for long-term leasing or sale under specified conditions. Redevelopment Specialist stated that the previous proposals required use of the 70 space grandfather provision; that the Planning Commission recommended that the development provide parking to meet code requirements, that it be of a retail (117) nature, with high intensity in order to block the massing of the north wall of the theater; that concept was reviewed at the last study session, and the indicated conditions under which an RFP would be considered including long-term leasing or sale; that Planning Commission had recommended that the existing building be removed; that parking could not be provided to code standards without demolishing the building and impressive architecture should be encouraged; and the con- dition that the RFP provide that the building offered as is and whoever is successful in the proposal process, be required to fund demolition and clearance of the existing structure. Councilman Maryanov stated that he agreed that the RFP should include a. requirement to meet parking without using the grand- father clause; however, he questioned the need for• requiring demolition or that parking be provided on site, rather than allowing perhaps a reconstruction of the building and the pro- vision of parking offsite. He also stated that there needs to be a time frame for the entire RFP process. City Manager stated that the time frame would be presented for Council reaction, once the direction is given. Councilman Smith stated that he believed that the building should be demolished and that on-site parking be insisted upon; and that he did not see where parking could be provided within 300 ft. Councilman Foster stated that perhaps there are owners that could provide parking within 300 ft. , which might be adjacent to or across the street; and that he did not think it necessary to be that restrictive in terms of where the parking would be located. Councilman Smith stated that parking should at least be encouraged to be provide on-site and recommended to bidders as perferable. Resolution 15042, rejecting proposals and calling for RFP 's was presented; after which, it was moved by Birer, seconded by Maryanov, and unanimously carried, that Resolution 15042 be adopted, subject to revising items 6 and 10 on the exhibit attached thereto to read as follows: Council Minutes 5-16-84 Page 8 11. McCALLUM BUILDING DISPOSITION (Continued) 6, sufficient parking to satisfy the code requirements (117) 10. with the successful (bidder to fund demolition 12. SCHOOL AREA PEDESTRIAN SAFETY POLICY Recommendation: That the Council adopt Chapter 10 of the State' s Department of Transportation Traffic Manual , in its entirety and as it may be amended, as the City' s policy for School Area Pedestrian Safety, to be effective for all new and revised traffic control applications. Report was reviewed by (114) the Director of Community Development. Resolution 15043 adopting Chapter 10 as recommended was presented; after which it was moved by Smith, seconded by Birer, and unanimously carried, that Resolution 15043 be adopted. CONSENT AGENDA: 13. Resolution 15044 approving TTM 17260 Revised for property on Golf Club Drive, between East Palm Canyon and Bolero (Wagner (137) Stanford/Heltzer Enterprises) . 14. Minute Order 3399 awarding purchase of carpet from Contract Carpet Company, in amount of $6,708.58 fc�r two Community (115) Services Department offices. 15. Resolution 15045 amending Allocated Positions and Compensation Plan to delete Leisure Services Supt/Program Administration (61 ) and add Leisure Services Manager. 16. Motion reappointing George Davie to a two-year term on the Inland Library System Advisory Board, as City representative. (60 ) 17. Resolution 15046 receiving development Plan & Final EIR relative to PA5 (Oasis) and consenting to joint public hearing (124) thereon with the Redevelopment Agency, on June 27, 1984. 18. Resolutions 15047, 15048, and 15049 approving Payroll Warrants (86) and Claims & Demands. 19. Resolution 15050 setting date for public hearing on Resolution of Necessity to acquire Parcel "0" for Airport Clear Zone. (51 ) It was moved by Foster, seconded by Smith, and unanimously carried, that Resolutions 15044 thru 15050 and Minute Order 3399 and motion enumerated in Item 1.6. above be adopted. 20. ZONE CHANGES - COUNTY CASES 5.0312-B-MISC AND 5.0312-C-MISC Planning Director reported receipt of recommendation to endorse the change of zone under Case B, subject to certain (123) conditions enumerated in the County Staff Report. He stated that in the situation of Case C, the County Staff recommenda- tion was for partial denial ; and the slightly revised County Staff recommendation merits support. In answer to question by Council , Planning Director stated that in the case of the Garnet area, a reduction in setback is not being requested; that the change from 14-2 to W-E which would affect the lesser setback, still require a 50O foot requirement from, the highway; and that a reduced setback would be accomplished from adjacent properties to the west, east and south. Council Minutes 5-16-84 Page 9 20. ZONE CHANGES (Continued) Councilman Foster stated he was opposed to the reduced set- backs and in his own mind was not certain whether the 3:1 ratio is even enough to protect residents adjoining these projects, he moved for denial of the Zone Change. (123) Planning Director stated that a significant change is being proposed by the County which would require WECS or 100mw or greater only be allowed in W-E Zones, and the proposal will be coming to the City for input. Councilman Foster stated that he did not have a concern in recommending denial of the change of zone, since the wind energy systems can be developed with greater setbacks in the W-2 zone; and that existing and future residences must be considered. Resolution 15051, recommending denial of zone change relative to Case 5.0312-B, was presented; after which, it was moved by Foster, seconded by Smith, and unanimously carried, that Resolution 15051 be adopted. Resolution 15052, endorsing County Staff recommendation relative to Case 5.0312-C, was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, that Resolution 15052 be adopted. 21. RENTAL CONSTRUCTION HOUSING PROGRAM Recommendation: That the Council authorize the City Manager to execute an application to the State, submitted by Doswell , Inc. , for the construction of a group home in the Highland Gateway Area under the Rental Housing Construction Program administered by the California Department of Housing and Community Development. Redevelopment Specialist reviewed report of Director of (85) Community Development dated May 16, 1984, stating that an unexecuted application was submitted to the State due to the deadline having preceded the Council meeting date with the understanding that an executed copy would be forwarded upon authorization by the City Council; and that there is no finan- cial obligation on the part of the City. Minute Order 3400 authorizing execution as recommended was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, that Minute Order 3400 be adopted. 22. FTM 17043, FPM 16478 AND FPM 19974 The following resolutions were presented: Resolution 15053 approving Final Tract Map 17043 for property located South of East Palm Canyon Drive on Palm Hill Drive, (119 & Section 32; 137) and Resolution 15054 approving Final Parcel Map . 16478 to divide property on Indian Avenue north of Tachevah Drive, Section 10; and Resolution 15055 approving Final Parcel Map 1.9974 to divide property located on Indian Avenue north of Vista Chino, Section 3. It was moved by Foster, seconded by Smith, and unanimously carried, that Resolutions 15053 through 15055 be adopted. 114 Council Minutes 5-16-84 Page 10 REPORTS & REQUESTS 23. FRANCHISE REPORT - SCE - $339,652.56 - Received & Ordered Filed (89) 24. CITY COUNCIL reports or requests a) Councilman Foster requested that the staff check on the following items: Bridge crossing Camino Parocela regarding its width; necessity of step sign at Vella and Camino Parocela, for proper direction; and demoli- tion of abandoned building east of Post. Office. 25. PUBLIC reports or requests - None 26. STAFF reports or requests - None AOJORNMENT There being no further business at 9:30 p.m. , Mayor declared the meeting adjourned to Tuesday, May 22, 1984 at 3:00 p.m. UDITH SUMICH City Clerk