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HomeMy WebLinkAbout1/2/1985 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 2, 1985 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, January 2, 1985, 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; after which, members reconvened as the City Council . APPROVAL OF MINUTES: It was moved by Foster, seconded by Maryanov, and unanimously carried, that the Minutes of December 11 , 1984, be approved. PUBLIC HEARINGS: 1 . Z/C 5.0333 & TTM 20435 - VINCENT PIROZZI Recommendation: That the Council approve a change of zone from 0 to R-I-C, for 1 .41 acre parcel on the SW corner of Francis and Via Miraleste; and approve Tentative Tract Map 20435 for 6 residential lots on said property. Planning Director highlighted his report, noting that the (137 & site was surplus School District property, acquired by Mr. 149) Pirozzi , and there were no appearances at the Planning Commis- sion hearing. Mayor declared the hearing opened; there being no appearances, the hearing was closed. City Clerk read title of the Ordinance, as follows; AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROV- ING CHANGE OF ZONE CASE 5.0333 FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF FRANCIS DRIVE AND VIA MIRALESTE, 0 ZONE, SECTION 2. It was moved by Smith, seconded by Foster, and unanimously carried, that further reading be waived, and the Ordinance be introduced for first reading. Resolution 15386, approving TTM 20435, as recommended, was presented; after which, it was moved by Smith, seconded by Birer, and unanimously carried, that Resolution 15386 be adopted. 2. CUP 5.0348 - DESERT SON-SHINE PRESCHOOL/KINDERGARTEN Recommendation: That the Council approve a conditional use permit to allow a preschool and kindergarten facility in an existing building at 1750 N. Sunrise Way, C-1 , Section 1 , Vicki Gord. (78) Council Minutes 1-2-85, Page 2 2. CUP 5.0348 (Continued) Planning Director reviewed his report, and noted that building was formerly used by the telephone company for equipment storage. Mayor declared the hearing opened. (78) Vicki Gord, director of the school , spoke in favor, and stated that the site is ideal . In answer to question by Council , she stated that the school is licensed for 32 children, although there probably would not be that, many at a given time. There being no further appearances, the hearing was closed. Resolution 15387, approving the CUP, as recommended, was presented; after which, it was moved by !Birer, seconded by Foster, and unanimously carried, that Resolution 15387 be adopted. 3. PUBLIC NUISANCE ABATEMENT - 2711 VENTURA ROAD Recommendation: Consideration of appeal by M.R. Mazaheri from posting of notice to abate a public nuisance at the above address. Building & Safety Director reviewed his report, noting that the nuisance was the result of a fire at the dwelling, and (57) an order to board up the windows and doors was given in June, 1984; that the street side of the structure was boarded in July, 1984, and additional complaints filed in December that the back side of the structure had never been boarded, and order for abatement was posted again. He submitted photographs of the structure. Mayor inquired if anyone wished to be heard. Brenda Royce, Office Manager for Dr. Mazaheri , stated that the house will be boarded, and Dr. Mazaheri anticipates that it will soon be sold. In answer to question by Council , Ms. Royce stated that the boarding could be accomplished within seven days. Building & Safety Director recommended that the appeal be overruled, and if the boarding is not accomplished within seven days, the City will accomplish it and bill the property owner. It was moved by Foster, seconded by Birer, and unanimously carried, that the appeal be denied, and the nuisance abated within seven days. 4. A.D. 146 - MESQUITE CANYON COUNTRY CLUB On November 20, 1984, Council declared intent to order the cost of certain improvements charged against the units in Mesquite Canyon Country Club, and set this as time and place (56) for hearing. Mayor stated that: because of a client relationship, he would abstain from discussion and voting, and turned the meeting over to the Mayor pro tem. Council Minutes 1-2-85, Page 3 4. A.D. 146 - MESQUITE CANYON COUNTRY CLUB (Continued) Director of Community Development reported that in reviewing the proposal to build the golf course, it was known to the City that improvements would be extensive, and indication was given to the developer that an assessment district would (56) be looked at favorably, in terms of off-setting the initial cost for the public improvements, because the City was interested in pursuing golf course development in connection with the convention center package; that assessment district actions were commenced in March, 1984, and boundary map approved in June, together with agreement to purchase the improvements; and public hearing date was set in November for this date. He explained how this district varies from other districts; and noted that protests received are based on lack of knowledge of the assessment district by new property owners of the units; that the improvements had to be in-place prior to certification of same, and prior to action by the Council to purchase them; that the improvements were in-place in November and the final assessment was calculated; that during construction of the improvements, Phase I and II were completed and units were in escrow, and the DRE "white sheet" indicated that the unit was within the Mesquite Canyon Assess- ment District, and was given to each buyer of a unit; that the buyers felt that additional mention of this fact was not made; that the exact amount of the assessment had not been established until November; that the developer believed the entire amount of the improvement should not be levied, and a maximum of $3,000 per unit was all he could support; that the developer contributed $605,000 for the public improve- ments; that notice for the assessment district is based on the last equalized assessment roll ; that staff requested the names of the buyers of all units for which escrow had closed, and notices were mailed to them; that 17 protests were filed prior to the opening of the hearing, which repre- sented a 3% protest. He recommended that the Council approve the first of three proposed resolutions provided with the agenda, and in-lieu of the fourth resolution, that a Minute Order be adopted approving the Official Statement for the bonds. Mr. Brown, legal counsel , stated that this is the only public hearing on the assessment district; that all notices have been given in the manner and form required by law, and affi- davits are on file; that questions from the property owners should relate to the boundaries of the district, the extent of improvements, and the formula used to spread the assessment; and that the Council may overrule protests and proceed, abandon the district, or continue consideration. In answer to questions by Council , Director of Community Development stated that the engineer calculated that the portion of the golf course fronting the public improvements represented 22% of the total frontage of the district boundaries, and the developer's contribution is 30% of the actual construction costs. In answer to question by Council , City Attorney stated relative to the question of liability, there is a potential estopple situation, because there had been agreements with the developer that this procedure would be used; and that he did not want to indicate that there is a firm obligation on the part of the Council to proceed, but there is the possibility of being open to liability if there were not a strong and sufficient reason not to proceed. Mayor declared the hearing opened. Council Minutes 1-2-85, Page 4 4. A.D. 146 (Continued) John Nubie, 472 Burton Way, stated that he is purchasing a unit, and spoke in favor of the district:, noting that the value of the units will increase more readily because of the large amount of money and care that has gone into the public improvements; that he did receive the information of the assessment, and he has no argument with it. Don Draws, Unit 93, Phase I , stated that he did not think adequate notice was given, and submitted a copy of "Amendment to Mesquite Canyon Country Club Condominiums Combined Deposit Receipt, Escrow Instructions and Purchase Agreement," showing the assessment of $3,000. He stated that in a court decision (Eastman, citation incomplete) , a developer was held liable for failure to disclose any potential lien; that he received (56) nothing to say that what was in place was not paid for; and that he requested Mr. Temple' s request be amended to assess only those units for which notification was given. Lud Prysight (spelling?) , Unit 72, Phase II, stated that his unit closed in mid-November, and nothing was said outside of a stack of papers given to him. Ken Parr, 757 Prescott Circle, purchased two units, and received the City' s notice in December; and submitted a protest letter. Julie Kesh, owner of Unit 87, Phase II, questioned why Mr. Temple instigated the district, and why it took so long to determine the amount. Claude St. Jensen (spelling?) Unit K-64, stated that he met with the Director of Community Development, and that he received the City's notice in December, and had difficulty getting answers to his questions;, that Mr. Temple' s contribu- tion is not 30%, but 25%; that the golf' course represents 75% of the acreage of the project, and should pay a higher percentage, and questioned why other people, including the City, were not involved in paying for the improvements which he believed was built: as a requirement for the convention center; and as a business enterprise, the golf course should pay more. Ms. Georgia Earle, Unit B-11 , stated that she paid extra for a unit facing the golf course, and Mr. Temple profited from that, and she resented consideration of an additional assessment of $3,000. Rhoda Powell , Phase II, Unit B-14, stated that she thought the "assessment" was to be a small amount for perhaps sewers, and submitted two protests. Rod McDonald, S-113, Phase I, closed escrow in August, and no indication was given of the assessment, nor did she receive all required forms of paperwork; that notice of hearing was poorly timed, because of holidays; that owners of the units, who were not informed, should not be included; and that the homeowners surrounding the project also benefit from it, and suggested that they also be assessed; and noted that the golf course is a profit-making business. Council Minutes 1-2-85, Page 5 4. A.D. 146 (Continued) David Baron, R-107, stated that he is an attorney, and he was not aware of the specifics of the assessment districts - its parameters, bidding, and procedures, and fie would like to see an analysis of that; that nothing was said in escrow about the assessment, and after the fact does not allow him to have made an informed decision, and notice runs contrary to due process; and urged that the Council delay action for 60 days in order to permit the homeowners to work with the developer, or seek redress. Janice Willahby, F41 , closed escrow in July, and no notice (56) was given. Frank Brachura, Units L71 and M74, Phase II, questioned who would pay for improvements, when he purchased his unit, and was told several sources and led to believe that he would benefit at no additional costs; and stated that the 600 units are not the only beneficiaries. Jordan Kaiser, H52, Phase I, stated that the homeowners associ- ation will be formed in mid-January, and he would like a delay in action, in order to enable the board of directors to be formed, and a decision made by it. Violet Roccio, Unit N87, Phase I , submitted written protest. Mr. McMinnamon, attorney for Mr. Temple, stated that the project was put together quickly, and the DRE report clearly flags the assessment district, and it was not known until mid-November what the amount of the assessment would be, if any; that when it came to fruition, and the amounts were known, the amended escrow and deposit receipt was developed, but until that point, nothing could have been done differently; that the staff report indicates that the approval is warranted; that the opposition is mis-directed, and if owners have a problem, it should be handled later with Mr. Temple, but this is not the forum for it; that the previous actions, in the chronology of the project, were legitimate and done in good faith; that the City bent over backwards to give notice, and names were provided by the developer; and that no one makes money on a golf course operation. Don Drawsdon, stated that the City Attorney had expressed his concern that the City may have an estopple problem because of written agreement before the assessment district was formed. There were no further appearances, and the hearing was closed. City Manager stated that the legal process was followed in providing notice and creating the district, and beyond legal requirement for notice; that it is not the Council 's role to sit in judgement of the transaction between the buyer and the developer, and there are other bodies which deal with those issues; that the off-site improvements are those which are required of development in the City, with few exceptions in the instance of redevelopment, the City has not subsidized those kinds of improvements; that the assessment could be paid over a 15 year period, and provides a reduced financing to the ultimate owner, in that if the costs were included in the initial purchase price, a buyer would probably have a mortgage interest rate of 13%. Council Minutes 1-2-85, Page 6 4. A.D. 146 (Continued) Mr. Brown noted that the law requires that notice also be sent to persons known to the City Clerk to have an interest, and the list of names was provided, and notice mailed. Councilman Smith stated that it was indicated to the Council that the only way the project could proceed, and units sold at the attractive price, was to allow use of the assessment district process; that the City is on firm ground, legally; that if the buyers are not happy, or feel abused by the purchase transactions, they will have to take action against the developer. Councilman Birer stated that the City' s responsibility to provide notice has been satisfied; that perhaps full and adequate disclosure was not given, or perhaps some amount should have been noted, but the DRE requires signing of the document, and the buyer has an obligation in that regard; that the City must proceed, and the unit buyers may take whatever steps they feel are necessary to satisfy themselves ; that the City has gone out of its way to do what it had to do; and that he could not agree with rationale that the early buyer should be relieved, and only the later purchaser charged. Mayor pro tem stated that the testimony suggested confusion about the notice and responsibility of the City, and what it should or should not be doing, and what it is trying to do; that the notice responsibility of the City was to notice this hearing, not that the assessment was to come about, which was requirement of the white sheet and the developer; that this assessment district is unusual in that it is a buy-back of improvements; that the City wanted to see the project built, and believed it to be a project good for the community; that the developer felt he could make a profit, and buyers purchased units which they fell: they wanted; that through the assessment district, tax-free financing is possible for a small portion of the project costs; that this was not done because of the convention center - that it is a help, but is not necessary for the convention center; that the City does not own the golf course, and anyone using it, will have to pay for it,; and that he was sympathetic for the buyer, but his recourse is with the developer, or the courts. Resolutions 15388 through 15390 denying protests and making findings; confirming assessments; and accepting work and approving "as built" certificate, as recommended; and Minute Order 3514 approving the Official Statement for the bonds, were presented; after which, it was moved by Smith, seconded by Birer, and unanimously carried, Bogert abstaining, that Resolutions 15388 through 15390 and Minute Order 3514 be adopted. PUBLIC COMMENTS: (None) LEGISLATIVE ACTION: 5. ANGELS' SPRING TRAINING - PARKING Recommendation: That the Council authorize implementing (99 & traffic control measures and parking lot fees at the Library 115) Center, and Cerritos and Ramon Road parking lots for Sunrise Plaza, during the Angels' Spring Training, March 23 through April 4, 1985. Report highlighted by Director of Community Services. ?99 4 Council Minutes 1-2-85, Page 7 5. ANGELS (Continued) Resolution 15391 , authorizing parking controls and fees, as recommended, was presented; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, Birer absent, that Resolution 15391 be adopted. 6. MUNICIPAL CODE AMENDMENTS - (Ordinances Intro 12-19-84) City Clerk read title of Ord 1233, relative to appeals procedures; and (103) title of Ord 1234, relative to massage establishments, massagists and their employees; after which, it was moved by Smith, seconded by Foster, and unanimously carried, Birer absent, that further readings be waived, and Ordinances 1233 and 1234 be adopted. CONSENT AGENDA: 7. Res 15392 approving 12-mo time extension for TTM 18126, for property on the SW corner of Vista Chino and Cerritos Road, (137) Section 12, Jerry Cain, expiration date 1-20-86. 8. Res 15393 amending the Allocated Positions and Compensation Plans to retain a salary range of MX22 for Data Processing (61 ) Manager. 9. Minute Order 3515 awarding purchase for printing Community Services brochure from Passport Press, in amount of $8,639.42. (73) 10. Minute Order 3516 awarding purchase of fertilizer from Larry Fricker Co. , Inc. , in amount of $8,000.65. (84) 11 . Minute Order 3517 awarding tree trimming services to Dependable Tree Service, in amount of $15,536. 50, for removing dead fronds (136) and frond stock residue from the trunk of 161 palm trees. 12. Res 15394 cancelling agreement with City of Desert Hot Springs for RSVP program administration and approving agreement with (73) CVAG for same. 13. Minute Order 3518 approving three-year agreement with the Piranha Swim Club for use of the Swim Center, commencing January 1 , (115) 1985 and terminating December 31 , 1987. 14. Res 15395 approving final development plans for Phase II of time-share condominium complex at East Palm Canyon and Barona (116) Road, P.D. 107, Desert Isle, Section 25. 15. Res 15396 amending Comprehensive Fee Schedule to establish February 28, 1985 as sunset date for special Sewer Facility (114) Fee rates for structures for which a building permit was issued prior to June 23, 1978. (Previous sunset date applied only to residential units) 16. Minute Order 3519 awarding contract to Massey Sand & Rock Co. for reconstruction of Cherokee Way between Palm Canyon and Matthew (136) Drive, in amount of $95,809, CP 82-25. It was moved by Smith, seconded by Birer, and unanimously carried, that Resolutions 15392 through 15396 and Minute Orders 3515 through 3519, be adopted; Maryanov abstaining on Resolution 15392. Council Minutes 1-2-85, Page 8 17. BUDGET AMENDMENTS - INSURANCE PREMIUMS Res 15397 and 15398, amending the budget to appropriate $130,000 for increased general liability insurance premium, and $40,000 for increased property insurance premium, respec- tively, were presented; after which, it was moved by Smith, (61 ) seconded by Birer, and unanimously carried, that Resolutions 15397 and 15398 be adopted. 18. CITY MANAGER SALARY Mayor reported that the Council completed its evaluation of the City Manager, and presented Resolution 15399, providing a 10% increase, for a monthly salary of $6,200, effective (71 ) December 28, 1984; after which, it was moved by Maryanov, seconded by Birer, and unanimously carried, that Resolution 15399 be adopted. REPORTS & REQUESTS: 19. CITY COUNCIL reports or requests (None) 20. PUBLIC reports or requests (None) 21 . STAFF reports or requests (None) ADJOURNMENT There being no further business, at 9:05 p.m. , Mayor declared the meeting adjourned. JUDITH SUMICH City Clerk