HomeMy WebLinkAbout6/6/1984 - MINUTES lilt,
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JUNE 6, 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, June 6, 1984 at 7:30 p.m.
ROLL CALL: Present: Councilmembers Birer, Foster,
Maryanov, Smith and Mayor Bogert
Absent: None
PRESENTATION OF AWARD:
Mayor presented plaque in appreciation of services rendered to the
Energy Commission to Frank Binford for his services, 1981-83.
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned
for the purpose of convening as the Community Redevelopment Agency;
and upon reconvening, business resumed.
PUBLIC HEARINGS:
IA. 1984 BUDGET
City Manager stated that the budget message indicates that fund
balances for all City funds are up over last year and revenue-
wise the City is in a good position; that on-going revenue
situation is still fraught with uncertainty; that the State
will give some assurances regarding bailout and reinstatement
of much of that, however, the degree of it will not be known
for several weeks; that the budget has been based on the
reinstatement of the bailout funds; that the impact of the
Jarvis IV Amendment on the November, 1984 Ballot is not known,
but it may mean some property tax refund for some people and (61 )
increases for others; that Proposition 4 mandated cities take
a look at fees and track the true cost of providing services
and establish fees to cover those services in order to prevent
taxpayers from subsidizing those that are directly related to
users; that the City of Palm Spring is moving in that
direction and a study is currently underway, however,
successful passage of the Jarvis IV Amendment could result in
wiping out such increases. He recommended an additional 13
positions, 8 of which are discretionary and the remaining come
from existing funds andfrom enterprise/grant funds with a
emphasis on maintenance and code enforcement; that the Capital
Improvements Program was reviewed on several occasions by the
Council and 1984-85 will be the first of a 3-year program to
upgrade lighting for Palm Canyon Drive, and provides a 5-year
sidewalk catch-up program, roofing City facilities, and
certain major cost items for continuance of an aggressive
street maintenance program; and that the CIP is about the same
on an on-goinq basis as last year; however, there are a number
of items that could mean substantial dollars, i .e. , the
Tahquitz Creek Project concerns and funding, and residential
street construction. He stated over the next few years, a
substantial dent in funding of the urban drainage plan can be
made, assuming that the assessment district and drainage fees
continue, which will raise money to mitigate the potential
flood damage; that construction and widening of roads based on
the JHK study will necessitate funding for implementation -
developers will pay much of it, however, $5 to 8 million is
not covered. And that golf course fees will be recommended to
be increased to cover major repairs and rejuvenation. He
stated that request for promotional assistance by 'the Desert
1.ci
Council Minutes
6-6-84 Page 2
1A. 1984. BUDGET (Continued)
Museum has not been included in the proposed budget, and
direction would be needed by the Council in that regard.
Mayor declared the hearing open.
(61 )
Representative from the Desert Museum addressed the Council
speaking in favor of its request for promotional support,
noting that with the disruption caused by the expansion of the
Desert Fashion Plaza, the museum has concerns that it needs to
beef-up its promotion in order to assure a continued attend-
ance at the museum. He stated that major art exhibits will be
coming to the museum which will , in-turn, increase the number
of tourists.
City Manager stated that a list of potential additions will be
provided to the Council on June 27, 1.984.
There were no further appearances.
No action to be taken by Council , this matter to again appear
on Council Agenda of June 27, 1984.
1. WASTE DISPOSAL DELINQUENT CHARGES ON TAX BILL
Recommendation: That Council determine delinquent residential
waste disposal charges shall be collected on the tax roll .
This item appeared on the May 16, 1984 agenda.
Chief Auditor reported that the proposed resolution authorizes (140)
placing the delinquent charges on the tax roll , as in past
years.
Mayor declared the hearing open.
Don Bohlmann, 1022 Friar Court, stated that his property was
purchased in February of 1983 and has not been occupied for
over a year; that he acquired the property in order to remodel
it, and after the premises were occupied, he paid for the
services; that he notified the City Attorney and the Trans-
portation Director, however, he did not receive a response,
nor did he feel that Waste Disposal Services complied with its
regulations, i .e. , problems he encountered in terms of the
services provided by Waste Disposal such as debris thrown
during pick-ups. fie stated that the house was vacant for
fourteen (14) months before he acquired it and that it took 6
months to totally renovate it.
Claude Darling, 2157 Lawrence, commented on a similar situa-
tion, stating that he has been working on the property for
which he has been billed for almost a year, that the house has
been vacant; that he has talked with Waste Disposal Services
and notified the City that the house is not served by gas,
that there is no furniture in it, and it is totally vacant;
and that when the house was still within the County area, it
was scheduled to be demolished, which is why he acquired it
for the purpose of reconstruction. The premises are located
at 2157 Lawrence.
Roland Adass, 1090 Sagebrush Road, stated that the property
was owned and occupied by his mother, who has been residing in
San Diego since February 1982, and that he received an author-
ization for no pick-up based on lack of occupancy, however,
was notified in March 1984 that the house was occupied and
that the waiver was rescinded as of January 1, 1984. He
stated that the horse has not been occupied since his mother
has been residing in San Diego and, although he maintains the
l;y
Council Minutes
6-6-84 Page 3
1. WASTE DISPOSAL DELINQUENT CHARGES ON TAX BILL (Continued)
home as if someone is living there, the premises are not
occupied nor is trash generated.
Ruth Stard 39906 Morningstar Road, Rancho Mirage, stated that (140)
she owns the property at 1631 Palm Tree Drive and was not
aware that her tenant had not paid the bill nor that she was
responsible for the charges. She stated that efforts to
receive an accurate audit of the bill have been unsuccessful ,
and that she has received a number of statements From Waste
Disposal Services indicating various amounts for the same time
frame; and she would be willing to pay the bill as soon as she
knows the exact amount and the services provided.
Dick Griffin, Box 391, Palm Springs, stated than he owns
several parcels on which delinquent charges have accrued and
that the parcels are vacant. He stated he has carried his own
trash and that he has not been the owner during the entire
period of the property was vacant.
There being no further appearances, the hearing was closed.
In answer to questions by Council , City Attorney skated that
the names could be deleted from the list to be placed on the
tax rolls, which would not preclude additional collection pro-
cedures; or the list could be approved as it stands, with the
understanding that those items in question would be further
checked before forwarding to the County for placing of liens;
or that this matter could be continued.
City Manager stated that the concerns of those persons who
addressed the Council , will be looked into by the staff, and
if staff' s resolve is still disputed, they will be returned to
the Council .
Resolution 15066, making determination and establishing
procedures as recommended in the Resolution, was presented;
after which, it was moved by Birer, seconded by Maryanov, and
unanimously carried, that Resolution 15066 be adopted with
understanding that the above "protests" will be examined
before proceeding and information provided back to the
Council .
2. ADOPTION OF UNIFORM CODES
Recommendation: First reading was held May 2, 1984 on
Ordinances adopting 1982 Uniform Codes and 1981 Electrical
Code (including amendments, additions and deletions.)
Building and Safety Director reported that the Chapter (112)
concerning Wind Loading was discussed at the last study
session and stated that subsequent review indicated that the
Chapter incorporates two (2) zones in the entire country known
as "C" and "B" and overlays winds in the area; and that the
concern at the study session was that the C Zone seemed harsh,
however., the ICBO does not incorporate any of Palm 'Springs in
the C Zone, with exception of the washes on the northerly
extremity, of the City, with which he would concur.
Mayor declared the hearing open, there being no appearances,
the hearing was closed.
City Clerk read title of Ordinances 1220 and 1221 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
Council Minutes
6-6--84 Page 4
2. ADOPTION OF UNIFORM CODES (Continued)
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. (112)
AN ORDINANCE OF THE CITY OF PALM SPRIINGS, 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.
It was moved by Foster, seconded by Smith, and unanimously
carried, that further readings be waived and that Ordinances
1220 and 1221 be adopted.
3. GPA 5.0253 - MASTER PLAN OF DRAINAGE
Recommendation: That Council approve reviser.) 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
previous meetings. (101 )
Director of Community Development stated that upon adoption of
the plan, it will supersede that which was adopted in 1967 and
provides for two additional areas which were not provided at
that time, i .e. , an area south of the area of the confluence
of the Tahquitz and Palm Canyon Washes, and the addition of
the Eagle Canyon area and a lower portion in that vicinity.
He reviewed the remainder of his report dated February 15,
1984, highlighting the retention basin concept to reduce the
over all size of the downstream facilities, thereby reducing
the cost of the plan and stating that through various funding
mechanisms, approximately $30 million can bin! raised through
the drainage fees and the Assessment District levee, which
will enable considerable implementation of the plan. He
stated that the issue of fees is not a consideration at this
time and that any adjustments thereto as a result of the
revised plan will be dealt with in the near future.
City Manager highlighted background rellative to the
implementation of drainage fees and instigation for the
Assessment District and its successful passage; and stated
that it appears that the two flood control districts will in
fact be exchanging boundaries, thereby adding approximately $2
million to the assessment district portion over the fifteen
(15) year .period term of the district. He stated that approx-
imately $30 million would be available, which will go a long
way to satisfy some of the major issues; and that a 50/50
split between new development and existing development, i .e. ,
the assessment district, represents an adequate balance of the
sharing of those costs for improvements which should work to
the benefits of the community.
Mayor declared the hearing open. Allen Perrier, 3000
Tahquitz-McCallum, attorney representing Texas Western, R.C.
Ellis, and Palm Springs Airport Center, supported request of
the Tribal Council , -i .e. , approval of the plans subject to the
deletion of the drainage fees. He stated that consideration
of how to pay for the implementation should be addressed
Council Minutes
6-6-84 Page 5
3. GPA 5.0253 - MASTER PLAN OF DRAINAGE (Continued)
simultaneously with consideration of the adoption of the plan;
and commented on actions taken in 1981 regarding
implementation of the 1967 plan and the conditions referred to
therein, and stating that the City Council did not follow the
process to amend the General Plan at that time, and his (101 )
opinion that the fees were adopted with knowledge that there
had to be compliance with amendments to the plan; and that he
believed the fees to be discriminatory against developed
properties versus those not developed, and assessment district
does not bring about an equality in covering costs.
City Manager stated that if the plan is adopted, staff will be
able to reassess any changes and the costs related thereto in
order to calculate any changes in the fees.
Director of Community Development stated that the fee schedule
could be brought back to the City Council within thirty (30)
days.
Councilman Maryanov stated that this matter is not being acted
on in haste, in fact the Council has looked at this issue over
the past two years and there have been numerous meetings with
the Tribal Council , its staff, the City's staff, and the cost
benefit study has been done which justified the program. He
stated that more development will pose more problems and that
it is imperative to start solving this issue now.
Resolution 15067 approving the revised plan as recommended was
presented; after which, it was moved by Foster, seconded by
Maryanov, and unanimously carried, that Resolution 15067 be
adopted.
4. P D 155 - TENTATIVE TRACT MAP 16495
Recommendation: That the Council approve Planned Development
District and companion TTMap for hillside subdivision for
property west of South Palm Canyon, south of Cahuilla Hills
and north of Canyon Heights development.
Planning Director advised that this matter had been reviewed
in detail at the last study session followed by a field trip (116 &
taken by the City Council . He stated that the EIR covers the 137)
Platt property and its certification does not grant any
approval of any development on the Platt property which would
have to be reviewed separately, and the EIR revised
accordingly should the circumstances change. He also stated
that the Planning Commission took a field trip to the site
during its deliberations as well .
Mayor declared the hearing open.
Curt Dunham, 339 Vereda Norte, stated that Rob Catherman,
engineer for the Vista Canyon Homeowners Association indicated
to him that he would withdraw any objections and speak in
favor of the project, but was not in attendance. He requested
that the Council certify the EIR and take action on the tenta-
tive tract map and the planned development district.
In response to question by Council , Mr. Dunham stated that to
his knowledge Vista Canyon Homeowners agreement with the
condominium project had nothing to do with the moving of the
road.
There being no further appearance the hearing was closed.
Council Minutes
6-6-84 Page 6
4. P D 155 - TENTATIVE TRACT MAP 16495 (Continued)
Councilman Foster stated that the project did not appear as
serious as was originally anticipated; that this is the first
hillside development and assurance needs to be provided that (116 &
no mistakes are being made that would otherwise set 137)
undesirable precedents. He stated that he was in favor of
certifying the environmental impact report., but continuing the
planned development district and the tract map until the
Council has an opportunity to revisit the site and walk the
centerline of the street as it will be installed, noting that
Mr. Dunham has agreed to stake the centerline.
Planning Director stated that the planned development district
and tract map are intertwined and that the road alignment is a
key issue in the environmental impact report and should it not
be as noted, then the environmental impact report should be
reexamined, and he would recommend delay until that question
is satisfied.
Mr. Dunham stated that he would stake the proposed road and
notify the Council for a field trip, which he hoped would be
within the next week.
Note, Mr. Catherman appeared during the public comments
portion and indicated desire to comment on the matter at the
June 27 meeting.
It was moved by Foster, seconded by Maryanov, and unanimously
carried, that the environmental impact report be certified as
complete and that the planned development district and the
tract map be continued to June 27, 1984.
PUBLIC COMMENTS - None
LEGISLATIVE ACTION
5. UNDERWRITING SERVICES - BONDS FOR PALM SPRINGS CONVENTION CENTER
Recommendation: That Council approve contract with Birr,
Wilson & Co., Inc. and Merrill Lynch Capital Markets for
services in connection with bond proceedings. Charges in con-
nection therewith to be determined at a future time by the
Council . (139)
Resolution 15068, approving the contract as recommended, was
presented; after which, it was moved by Birers, seconded by
Smith, and unanimously carried, that Resolution 15068 be
adopted.
6. VACATION - PORTION OF BISNAGA AVENUE
Recommendation: That Council adopt Resolution of Intention to
set hearing date of July 18, 1984 for consideration of
vacating a portion of Bisnaga Road at the! request of affected
property owners. (145)
Councilman Bi'rer stated a member of his firm has financial
interest in this area, however, he has no conflict of
interest.
Resolution 15069 declaring intent to vacate that portion
between Rim Road and Stagecoach Road was presented; after
which, it was moved by Foster, seconded by Smith, and
unanimously carried, that Resolution 15069 be adopted.
7. NUISANCE ABATEMENT - 575 NORTH PALM CANYON
Recommendation: That the Council order the abatement of
nuisance at the above address, including cleaning the (57)
Council Minutes
6-6-84 Page 7
7. NUISANCE ABATEMENT - 575 NORTH PALM CANYON (Continued)
property, trimming of trees and demolition of fire damaged
residence and garage; and award contract to Underground
Unlimited in the amount $14,850 to accomplish same.
Minute Order 3401, ordering the abatement and awarding the (57)
contract as recommended, was presented; after which, it was
moved by Foster, seconded by Maryanov, and unanimously
carried, that Minute Order 3401 be adopted.
8. CHAMBER OF COMMERCE FUNDING REQUEST
Recommendation: That the Council consider Chamber of Commerce
request for additional funding for the 1983-84 fiscal year in
connection with promotional activities.
Councilman Maryanov stated that the Chamber of Commerce has (61 )
been operating at a higher level of service than at the outset
of the 1983-84 fiscal year in terms of visitor services; that
it was clear that the Task Force on Community Promotion
considered visitor services a very important area and one that
should be expanded and that it has been made clear that the
Council desires the Chamber of Commerce to maintain these
services; that a supplemental payment for services provided
during the year is unusual , and he felt in this case it would
be warranted, since the anticipated cost was discussed during
the 1983-84 budget, but was not provided because of the
revenue constraints identified at that time; that the Chamber
has provided the level of service that it committed to and
has, in fact, increased that level ; and that he believed the
Chamber should be reimbursed for its cost.
It was moved by Maryanov, seconded by Foster, and unanimously
carried, that an additional $15,000 for the 1983-84 Chamber of
Commerce allocation be provided.
City Manager stated that a budget resolution amendment would
be provided at the next meeting to accomplish this appropria-
tion and questioned the Council as to intent regarding funding
for the Chamber in the 1984/85 budget.
Councilman Maryanov stated that he favored a $55,000
appropriation for the coming year and would like to have a
study session to review the CVB work program and Room Tax
analysis in order to measure those against previous years
projections and work program. He stated that he wants to make
sure that the $50,000 for advertising as discussed is again
looked at.
City Manager stated this matter can be reviewed at the June
19 study session.
9. STREET NUMBER SIZE CONFLICT
Recommendation: That the Council amend the Municipal Code to
remove sections which conflict with street number address
sizes.
City Clerk read title of the Ordinance as follows; (103)
AN ORDINANCE OF THE CITY OF PALM SPRING, CALIFORNIA
DELETING SECTION 14.04.100 OF THE MUNICIPAL CODE TO
REMOVE CONFLICTING STREET ADDRESS NUMBER SIZES,
It was moved by Smith, seconded by Birer, and unanimously
carried, that further reading be waived and that the Ordinance
be introduced. for first reading.
-r
Council Minutes
6-6-84 Page 8
10. LEVEE EXTENSION AGREEMENT - RIVERSIDE COUNTY/CITY OF PALM SPRINGS
Recommendation: That the Council approve an agreement with
the Riverside County Flood Control District: for a ;joint
venture construction of a concrete-lined florid levee at the
Palm Canyon Wash, to protect the Palm Springs Equestrian (123)
Center facility; cost to be based on award of contract by the
County.
Minute Order 3402, approving the agreement as recommended, was
presented; after which, it was moved by Smith, seconded by
Birer, and unanimously carried, that Minute Order 3402 be
adopted.
11. SEWER SERVICE CHARGE
Recommendation: That the Council amend the Comprehensive Fee
Schedule to adjust charges from $6.10 per month to $6.40 per
month for• residential uses and similar adjustments for commer-
cial hotels and other uses which represent an overall 5% (114)
increase effective July 1, 1984.
Resolution 15070, adjusting the service charges as
recommended, was presented; after which, it: was moved by
Foster, seconded by Birer, and unanimously carried, that
Resolution 15070 be adopted.
12. MUNICIPAL CODE AMENDMENT - FALSE ALARMS
City Clerk read title of Ordinance 1222 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 5.02 OF THE MUNICIPAL CODE, AND
REGULATING THE USE OF ALARMS AND ALARM SYSTEMS. (103)
It was moved by Foster, seconded by Maryanov, and unanimously
carried, that further reading be waived, and Ordinance 1222 be
adopted.
13. COUNTY ZONE CHANGE CASE 5.0312-E-MISC.
Recommendation that the Council recommend denial of Change of
Zone No. 4191 for property located adjacent to the Snow Creek
Road, southerly of Highway 111, Section 16, for Wind Energy.
Planning Director highlighted report dated June 6, 1984. (T23)
Resolution 1.5071, recommending to the Board of Supervisors
denial of change of zone as recommended, was presented; after
which, it was moved by Foster, seconded by Birer, and
unanimously carried„ that Resolution 15071 be adopted.
14. COUNTY ZONING CASE 5.0312-D-MISC
Recommendation: That the Council recommend denial of the
Change of Zone from Control Development W-2 to Wind Enerqy W-E
and heavy manufacturing HM for property located on I-10
between Indian Avenue and Palm Drive. (123)
Planning Director stated that this comprises approximately 160
acres surrounding I-10 and is within the Sphere of Influence
which will be addressed during preparation of the Coachella
Land Use Plan.
Resolution 15072, recommending denial as recommended, was pre-
sented; after which, it was moved by Foster, seconded by
Maryanov, and unanimously carried, that Resolution 15072 be
adopted.
Council Minutes
6-6-84 Page 9
15. RECREATION VEHICLES IN SUNRISE PLAZA PARKING LOT
Recommendation: That the Council establish policy governing
RV parking in Sunrise Plaza that with the exception of the
trailer rallies already scheduled, no additional trailer
rallies will be accommodated and the practice of accommodating
RV' s in connection with multi-day, City-sponsored programs
shall continue with appropriate fees charged.
Leisure Services Manager stated that these facilities are not
suitable for the trailer rallies and tend to cowpete with
local business noting that the occupants do not necessarily (114)
partake of the events at Sunrise Plaza; however, the ongoing
programs, which draw participants utilizing RV' s parked at the
facility for accommodations during their time at the Plaza
would be severely impacted, if the parking of RV' s were
denied, e.g., the dog show and the square-round dance
festival . He stated that it would be possible to issue
permits through the organizers, and the police department has
said that it could enforce those permits.
Director of Community Services stated that there needs to be a
distinct relationship between the activities at the Plaza and
the involvement of the RV participant.
Councilman Maryanov stated that one problem that will need to
be faced is where do the RV ' s go when requested to leave the
park and he would like to have that monitored to see if
there is truly a problem, recognizing that such would not
occur until next season.
It was moved by Foster, seconded by Smith, and unanimously
carried, that the policy, as above recommended, be adopted.
16. COMMUNICATIONS TOWER
Recommendation: That the Council recommend approval of a
revised location for an 80 ft. communication tower located
west of Snow Creek Road and south of Highway 111 within the
City Sphere of Influence - County Case 5.301-Misc. (123)
Resolution 15073, recommending approval, was presented; after
which it was moved by Birer, seconded by Foster, and unanimous-
ly carried, that Resolution 15073 be adopted.
CONSENT AGENDA:
17. Minute Order 3403 authorizing agreement with Gary Bagley for (116)
Building Inspection services in connection with Desert Fashion
Plaza for eighteen months at $3,000 per month. (P.D. 147)
18. Minute Order 3404 awarding contract to Massey Sand & Rock for
resurfacing Vista Chino between Sunrise Way/Avenida
Caballeros; Farrell Drive between Ramon/Tachevah in amount of (136)
$247,380.00.
19. Resolution 15074 approving budget amendment appropriating
additional $105,000 for communication expenses due to (61 )
increased telephone charges.
20. Resolution 15075 approving budget amendment to reimburse (61 &
Desert Rider's trail fund for completion of the Carl Lykken 109)
Trail, and waive formal bidding requirements.
21. Minute Order 3405 authorizing staff to administer Sewer (61 &
Assessment Assistance Program and Resolution 15076 allocating 1P8)
$350,000 from Wastewater Fund.
Council Minutes
6-6-84 Page 10
CONSENT AGENDA: (Continued)
22. Resolution 15077 approving contract with Kasirer, Wolfson, and
Frankel for legal services for issuing bonds in conjunction
with development of Convention Center and Headquarter Hotel (139)
project.
23. Resolution 15078 approving budget amendment for supplemental
appropriation of $17,200 for City Attorney's office for (61 )
contract services.
24. Resolution 15079 accepting Grant Deed form Gloria L. Hinshaw,
gifting property south of Mesquite Avenue approximately 500 (109)
feet east of E1 Cielo.
25. Resolution 15080 approving budget amendment: in amount of
$105,000 to provide funds to meet Fire Department payroll for (61 )
balance of 1983-84.
26. Resolution 15081 urging U.S. Congress continue Federal Renew-
able Energy Tax Credit, to prevent California 'Solar Energy Tax (98)
Credit being eliminated.
27'. Resolutions 15082, 15083, 15084, 15085 approving Payroll (86)
Warrants and Claims and Demands.
28. Minute Order 3406 authorizing funds for displaced Tahquitz
Park Mobile Home residents from Community Development Block (85)
Grant funds in the amount of $38,000.
29. Motion - Designating Dallas Flicek and Paul R. Howard as City
Representatives for authorizing pay request for Police Depart- (52)
ment and Cogeneration Certificates of Participation.
30. Resolut,ion 15086 concurring in actions taken by CRA. (124)
31.. Resolution 15087 calling for sealed bids on bonds to be issued (56)
on Assessment District No. 145.
32. Resolution 15088 determining Sufficiency of Petition and Reso-
lution 15089 approving acquisition/financing agreement for Assess{56)
ment District 146.
It was moved by Smith, seconded by Birer, and unanimously
carried, that Resolutions 15074 through 15089 and Minute
Orders 3403 through 3406 and motion enumerated in Item 29 be
adopted.
3:3. SCHOOL REDEVELOPMENT PROPOSAL
This item was reviewed in detail at the last study session and
relates to agreement with other cities and districts to
investigate potential for adopting a new redevelopment project (126)
area to assist in the provision and improving of school
facilities pursuant to six (6) stipulations; and declares
intent to study the mitigation of local school impaction
through redevelopment including intent to eliminate existing
mitigation fees upon certain actions occurring.
Resolutions 15090, authorizing the approval of the agreement
and Resolution 15091 declaring intent to study the matter,
were presented; after which, it was moved by Maryanov,
seconded by Foster, and unanimously carried, that Resolutions
15090 and 15091 be adopted.
Council Minutes
6-6-84 Page 11
34. MUNICIPAL PARKING LOT NO. 2 - LIGHTING SYSTEM
Recommendation that the Council award furnishing and install-
ation of lighting system at the Municipal parking lot No. 2 to (108)
David Richards Electric in the amount of $12,712.00.
Minute Order 3407, awarding the contract as recommerided, was
presented; after which, it was moved by Smith, seconded by
Maryanov, and unanimously carried, that Minute Order 3407 be
adopted.
35. FTM 16544
Resolution 15092 approving Final Tract Map 16544 for• property
at Calle El Segundo, south of Tahquitz McCallum Way - Palm
Springs Western Ventures - Section 14, was presented after (137)
which, it was moved by Smith, seconded by Birer, and
unanimously carried, that Resolution 15092 be adopted.
36. FPM 18963 -• PALM SPRINGS WESTERNS VENTURES, INC.
Resolution 15093 approving Final Parcel Map 18963 for property
located on Calle Encilia , south of Tahquitz McCallum Way, (119)
Section 14, was presented; after which, it was moved by Smith,
seconded by Birer, and unanimously carried that Resolution
15093 be adopted.
37. FRINGE TOED LIZARD MITIGATION PLAN
Recommendation: That the Council reiterate its previous
position concerning an appropriate mitigation program for the
displacement of the Fringe Toed Lizard due to development
activities. Council reviewed this matter in detail at its
Vast study session and no further report was given. (123)
It was moved by Birer, seconded by Foster, and unanimously
carried., that the Council reiterates its previous position
concerning the mitigation program.
38. COMMUNITY ENERGY OUTREACH FUNDING
Recommendation: That the Council authorize staff to submit a
proposal to the California Energy Extension Service, in a
amount not to exceed $30,000, for the possible funding of a
Community Energy Outreach Program and if accepted by the
Service, authorize acceptance of the grant.Building and Safety
Director highlighted his report dated June 6, 1983. (52)
Resolution 15094, authorizing submittal of the proposal for
funding and acceptance if funded, was presented; after which,
it was moved by Foster, seconded by Smith, and unanimously
carried, that Resolution 15094 be adopted.
39. RECONSIDERATION OF ZONE CHANGE DENIAL - COUNTY CASE 5.0312-13
Planning Director reported request by applicant to reconsider
the Council 's previous recommendation of outright denial of
Wind Energy Change of Zone for project located adjacent to the
community of West Garnet in the City' s Sphere of Influence; (123)
and recommended that the Council recommend approval of the
Zone Change with mitigation condition that setbacks be main-
tained in accordance with the previous type zoning, i .e. , W-2
setback standards which would result in a reduction of 200
turbines. hie stated that zoning predetermines the setback and
that the W-2 zone has a 3:1 ratio and the W-E zone has a 1 z:l
ratio; that the two parcels are zoned W-2 and there would be
14 Council Minutes
6-6-64 Page 12
39, RECONSIDERATION OF ZONE CHANGE DENIAL (Continued)
no affect on the I-10 setback. He also stated that the Board
of Supervisors is currently considering W-E zoning prior to a (123)
WECS permit being considered and the distinction between the
W-E and W-2 is in terms of perimeter setbacks.
Councilman Foster stated that he supported the previous action
for denial and felt that the project should be in the proper
zone with the proper setbacks. He cited adjacent residential
uses, proliferation of wind energy devises, precedent for the
entire length of I-10, and visual impact, as, the basis for
denial .
Councilman Birer stated that this area primarily is in the
County, and that wind energy is a resource that should be
utilized; and that he has not taken a stand regarding wind
energy conversion systems as long as proper setbacks are
maintained from the highway and that they do not impact
residential areas.
Councilman Smith stated that if the Board of Supervisors does
not follow the recommendations regarding the Snow Creek area,
then there will be wind energy systems there also; and
questioned where these systems will be located in the future.
Councilman Foster stated that it becomes a question of cost
effectiveness, and after tax credits are removed, perhaps
those projects will no longer be economicallly feasible and
become a blight on the desert.
City Attorney stated he did not believe the County was
violating the intent of the letter of agreement relative to
wind energy, and that the setback relates to the zoning on the
property; that the agreement referred to the amount of the
setback from the highway and was not a question of setback in
the various zones and the application of zoning is a legisla-
tive process; and if property is within the City' s Sphere of
Influence, the City has a legitimate input into the process.
In response to a comment by Council , he stated that the
discussions with the County did not relate to specific zones
on the land other than the area along Indian Avenue.
Councilman Foster stated that his desire is to control the
wind energy system installations as much as possible to keep
them off the sand dunes in order to retain the visual
corridors and preserve the desert, i .e. , keeping the
structures off the ridgelines.
It was moved by Foster, seconded by Smith, and carried by the
following vote that the Council reiterates its previous posi-
tion in recommending denial of the zone change.
AYES: Foster, Smith and Bogert
NOES: Birer and Maryanov
ABSENT: None
40. CONVENTION CENTER - REVISED TIMETABLE
Resolution 15095, approving revised timetables with the
cooperative agreement with SENCA for the Convention Center, (139:1
was presented; after which, it was moved Birer, seconded by
Foster, and unanimously carried, that Resolution 15095 be
adopted.
REPORTS OR REQUESTS
Council Minutes
6-6-84 Page 13
41. DEPARTMENTAL reports or requests - Received and Ordered Filed
a) Treasurer' s Monthly - March, 1984
42. CITY COUNCIL reports or requests
a) Wind Energy:
Councilman Smith stated that efforts should be made to
plan where the Wind Energy systems will be installed
and that they should not be on ridgelines and in (123)
sensitive areas such as Snow Creek.
City Manager stated that the staff totally agreed but
that he was not optimistic given the County and Bureau
of Land Management positions.
Councilman Birer stated that he agreed the results
seems to create a checkerboard or piecemeal approach.
Councilman Foster stated that he would like to take a
field trip to observe the systems while they are
running.
City Manager stated that there have been request by
people in the industry to spend time in study session
with the City Council and perhaps a letter to the
Board of Supervisors raising concerns regarding the
sporadic planning of the wind energy systems would be
in order.
It was the consensus of the Council that a letter be
so directed.
b) Councilman Foster requested that relative to the antic-
ipated work on Farrell Drive and E1 Cielo Road and
potential closings, that these two streets not be
closed simultaneously.
c) PA-6:
Upon motion by Bogert, seconded by Maryanov, Donna
Campbell and James Callahan were unanimously appointed (124)
to the Project Area Committee for Project Area 6,
being the North Palm Canyon Redevelopment Project
Area.
PUBLIC COMMENTS
a) Steve Blake, Developer regarding the approve Item 39,
Case No. 5.0312-B in the County, stated that his
projects are not BLM related projects; that they are
the 22nd applicant to be putting in the turbines; that
zones changes have occurred up and down 'the Inter-
state; and that projects south of his proposed
projects have already been financed. He stated that
projects without tax credits have seen yields of 16%; (123)
that he would like to have more specific concerns
expressed by the Council and it is his understanding
that the concern relates to noise; that his project is
in two (2) phases, i .e. , the southerly portion will be
completed before starting the upper portion after the
issue of sound is addressed, 60 db. level; and that he
believed the most basic concerns are included in the
County' s Ordinance and his proposal falls within that.
Council Minutes
6-6-84 Page 14
PUBLIC COMMENTS (Continued)
Councilman Foster stated that some day this land
probably will be in the City, yet the City does not
have anything to say about it; that it would be
helpful to 'let the County know the concerns of the
City now; that he would like to be better able to
respond to these applications, however, it is unknown (123)
what may be coming down the pike and it appears to be
getting out of control , in that there are zone changes
where he did not think they would be happening and
there needs to be a better handle on this matter.
No further action was taken at this point.
43. STAFF reports or request - None
ADJOURNMENT
There being no further business at 9:45 p.m., Mayor declared
the meeting adjourned. 7
Z_ UDITH /ICH
City Clerk