HomeMy WebLinkAbout2/20/1985 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
FEBRUARY 20, 1985
A Regular Meeting of the City Council of the City of Palm Springs,
was called to order by Mayor Bogert, in the Council Chamber, 3200
Tahquitz-McCallum Way, on Wednesday, February 20, 1985, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Birer, Foster, Maryanov, Smith
and Mayor Bogert
Absent: None
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 .
PUBLIC HEARINGS:
1 . RES. OF NECESSITY - AIRPORT LAND ACQUISITION
Recommendation: That the Council determine public interest,
convenience and necessity to acquire approximately 37.8 acres
adjacent to the east side of the Airport, on the west side
of Gene Autry Trail , consisting of two parts, each referred
to as Parcel M. (51 )
Director of Transportation reviewed his report, dated February
20, 1985, and noted that this item was previously studied
in recommendation for the Airport Master Plan; that funding
will be from the Airport, followed by FAA reimbursement for
80-90% of the cost; and that the acquisition is consistent
with the General Plan and the Airport Master Plan, and will
enable the parallel taxiway.
Tom Stoever, special consultant, stated that any testimony
in the public hearing should be limited to the areas that
public interest and necessity requires th!e proposed project;
that the project is planned and located in a manner that will
be most compatible with the greatest public good and least
private injury; and that the parcels are necessary for said
public project. He stated that other issues are irrelevant
to the issues required to be considered as a matter of law;
that the project is a matter of public use; and that the
proposed resolution has been modified in Section 4 to comply
with recent changes in California law.
Mayor declared the hearing opened; there being no appearances,
the hearing was closed.
Resolution 15446, determining necessity and making findings
as recommended, was presented; after which, it was moved by
Foster, seconded by Smith, and unanimously carried, that
Resolution 15446 be adopted.
2. SEWER CONNECTION APPEAL - J. & H. LIBIN
Consideration of appeal to connect properties at 682 and 694
S. Palm Canyon and 330, 390, 400-420 E. Sunny Dunes Road to
the public sewer in 1991 .
Building & Safety Director reported that a request for waiver
of connection could not be supported by staff, and recommended
denial of the appeal . He also stated that the intent of the (128
letter from Jim Hicks was not clear, and' the Council should
proceed with the hearing.
Mayor declared the hearing opened; there being no appearances,
the hearing was closed.
It was moved by Foster, seconded by Birer, and unanimously
carried, that the appeal be denied and the properties be
connected to the sewer.
Council Minutes
2-20-85, Page 2
3. SEWERS - COSGROVE APPEAL
Consideration of appeal by William Cosgrove coHcerning street
main charges due and payable for the residence located at
1170 Cactus.
Building & Safety Director reported that the property owner
wants to go back to the street main charge in effect in 1975
($8) rather than basing payment on the current rate of $16
per front foot., on the basis that they were advised by the
former Building & Safety Director that perhaps they would
not have to connect because of sewer plant problems; that
there is no evidence in City records to support or refute
that contention. He recommended that the appeal be denied,
and the Council consider allowing payment over a 5 year period,
similar to actions approved for multi-family properties; and
stated that reduction of the fee may cause other people to
make similar allegations. He stated that he tried several
times to contact Mr. Summers, but was unable to do so.
City Manager stated that lacking any documents, denial would
be recommended, and if there were such documentation, the
appeal should be denied; that the appellant has indicated
that his mother was told to wait to connect the property to
the sewer, but he did not think it was implied that fees would
not increase for the period of waiting; and that he did not
believe the City would hold to the 1975 rates because she
waited.
Mayor declared the hearing opened.
William Cosgrove, attorney representing his mother, 1170 Cactus,
stated that documentation was included in the appeal , indicating
that she clearly intended to proceed with the connection;
that Mr. Summers said there was a problem with the sewer plant
and capacity problems, and that it would be better for her
and the City if she did not make the connection at that time;
that eventually a moratorium was imposed in 1978-79, because
of capacity problems; and that the owner is giving up valuable
rights. He read a portion of State law which requires that
the cost for mains must be the actual cost of construction;
that the sewers were installed in Manzanita in 1960; that
he did not find evidence of street main charge rates in 1960,
and it appears to have been arbitrarily charged and increased
over the years; that if the property owner has to pursue her
rights, suit would be brought for the 1960 bevel ; that he
did not believe "time, value, money" basis is valid to overrule (128)
the appeal ; and the property owner prefers to connect the
property and pay at the 1975 rate.
There being no further appearances, the hearing was closed.
In answer to question by Council , City Attorney stated that
the City's Ordinance had been in effect for quite some time
prior to 1975, and pre-dates State legislation referred to
by Mr. Cosgrove, and he believed the surcharge is proper and
would withstand a challenge, if one were made; that several
factors go into the makeup of the surcharge, and the amounts
related to each of those factors have increased and are not
out of line with recovering money that was ronted by the
City, or for which interest would have accrued over that period
of time.
Councilmember Maryanov stated that if the sewer had been
installed via an assessment district, and not paid for at
the time the work was completed, an interest rate would have
been applied to the assessment district bonds.
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Council Minutes
2-20-85 Page 3
3. SEWER (COSGROVE APPEAL) (Continued)
Councilmember Birer stated that he found it difficult to believe
that this case would lead to a lot of declarations by others,
that they were told in the past that they would not have to
pay the current rates when the connection was made; that there
is some documentation on notes scribbled indicating the date
and fact that Mrs. Cosgrove was in attendance and some effort
was made to connect to the sewers; and that he would be
sympathetic to the appellant to give some ire]ief. He suggested
splitting the difference between the 11'175 main charge and
the current rate and applying that to the 1975 rate.
Councilmember Maryanov stated that there is a question of
equity, in terms of other people in the community who have
acted in good faith on the requirement and fees in place;
and he had a problem giving special relief to one person,
and not to others which might come forward, particularly,
considering the percentage of increase in terms of what money
is earning, and not counting the high inflation years.
Motion by Birer to grant relief to the, extent of one-half
of the difference between the main charge in effect at the
time of the appellant appearing in 1975, and that of today,
failed for lack of a second.
(128
Councilmember Foster stated that such action would set a
precedent, if other allegations are made; and that it is
difficult to deny the request when documentation is provided
which indicates that they were talked to and something did
transpire, however, the interest which accrued over the years,
more than justifies the difference in the amount which is
payable.
In answer to question by Council , Mr. Cosgrove stated that
they were not interested in a payment schedule for the charges.
It was moved by Maryanov, seconded by Smith, and unanimously
carried, Birer voting no, that the appeal be denied.
PUBLIC COMMENTS
a) Bert Cooper, 255 N. E1 Cielo Road, commented regarding
the recently adopted massage ordinance, and the license
tax charged, and stated that it was excessive and (103
prejudicial , in that it is only directed to one business
which has the potential for illegal activities, when there
are many businesses with such a potential . He stated
that he operates at the Fitness Center, and the fee is
punitive to those who represent high standards and provide
valuable services to the community.
b) Jeremy Crocker, 330 W. Arenas Road, commented regarding
the CRA option on the Hess property at Cahuilla and Tahquitz
Way, and stated that the Fashion Plaza contractor has
authorization as of February 13 for temporary storage,
however, rubble is being dumped on the site, and questioned
why the City would permit such usage of the site.
City Manager stated that he would report back to the
Council .
324
Council Minutes
2-20-85 Page 4
LEGISLATIVE ACTION:
4. CITY STATEMENT OF PHILOSOPHY
Recommendation: That the Council adopt a Mission Statement
and a Statement of Philosophy for the City of Palm Springs.
This item was reviewed in study session, and no further report
was given. (114)
It was moved by Smith, seconded by Birer, and unanimously
carried, that the mission and philosophy statements be adopted.
5. WASTEWATER TREATMENT PLANT - DWA RECLAMATION & LAND TRANSFER
Recommendation: That the Council approve agreement with the
DWA for wastewater reclamation, sale of 12.75 acres to it,
with option for additional 6.25 acres for such purposes.
Water Quality Superintendent highlighted report of General (127)
Operations Director, dated February 20, 1985, which was reviewed
in detail at the last study session.
Councilmember Birer stated that he would abstain, since his
office was involved in a lease on the adjoining property.
Resolution 15447 approving action recommended, ^^„gas presented;
after which, it was moved by Smith, seconded by Foster, and
unanimously carried, that Resolution 15447 be ado;,i.ed.
6. ASSESSMENT DISTRICT NO. 146
Recommendation: That the Council approve resolu4:'ion determining
unpaid assessments for Mesquite Country Club area. This item
was reviewed in study session, and no further report was given.
Resolution originally presented was revised to reflect unpaid (56)
amounts.
Resolution 15448 approving unpaid assessments, wa.s presented;
after which, it was moved by Foster, seconded by Maryanov,
and unanimously carried, that Resolution 15448 be adopted.
CONSENT AGENDA:
7. Minute Orders 3541 , 3542, 3543 and 3544 granting payment schedule
requests, concerning multiple-family properties, to allow payment
of sewer facility fee over five years at 10% interest, for 343 (128)
Tramview, 2000 Sahara, 1889 N. Cerritos, and 700 N. Riverside
Drive.
8. Minute Order 3545 approving 120 day extension in which to develop
an agreement with the Palm Springs Senior Center for a senior (117)
day care center.
9. Res 15449 approving 'FTM 14899 for industrial purposes for property
on 'Gene Autry Trail , between Mesquite and Sunny Dunes, Section (137)
20, Friedman Ventures.
10. Minute Order 3546 approving professional services agreement with
Rebecca M. Morrow to serve as writer/editor for City' s Municipal (52)
Cogeneration Manual .
11 . Res 15450 approving second time extension for TTNi 18302 for
property on SW corner Morongo Trail & Araby Drive, stew expiration (137)
date to be January 20, 1986, Hacker Engineering.
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Council Minutes
?-0-Ap Page
12. Res 15451 and 15452 approving Payroll Warrants and Claims & (86)
Demands.
13. Minute Order 3547, 3548, 3549 and 3550 approving exemption of
certain property from requirements of sewer, connection because (128)
of excess costs, 232 Camino Sur, 184 Camino Encanto, 424 Vereda
Sur, and 338 Vereda Norte.
It was moved by foster, seconded by Maryanov, and unanimously
carried, Resolutions 15449 through 15452'' and Minute Orders
3541 through 3550 be adopted.
14. LEGISLATIVE ADVOCATE (LOBBYIST) - AGREEMENT
Recommendation: That the Council approve letter agreement
with Joe A. Gonsalves & Son, to provide legislative advocacy
services on matters affecting cities.
City Manager stated that it would be valuable to have
legislative advocacy assistance in dealing with the time share (61 x
legislation, in that the City faces similar action taken by 98)
the Legislature last year, and perhaps more complicated; that
Mr. Gonsalves has a good rapport with the Governor's Office,
which may be crucial if the legislation passes the Legislature;
that the firm works on the basis of a monthly fee and prefers
not taking assignments on a "per bill " basis; that he has
spoken with other city managers who have indicated that they
found his services very helpful , either on bills they did
or did not know about; and that he has indicated a "gentleman's"
agreement with Mr„ Gonsalves to try the arrangement for about
one year, and then determine if some type of relationship
should be continued. He stated that the time share issue
probably will take nine months; and recommended appropriating
$14,000 to cover the $2,000 per month retainer, plus some
expenses, for the remainder of the fiscal year.
Minute Order 3551 , approving letter agreement, and Resolution
15453, amending the budget to appropriate $14,000, were
presented; after which, it was moved by Birer, seconded by
Maryanov, and unanimously carried, that Minute Order 3551
and Resolution 15453 be adopted.
REPORTS & REQUESTS:
15. CITY COUNCIL reports or requests
a) Councilmember Maryanov stated that recent comments by
Mr. Moran, relative to people in need, referred to the
City as a whole, as opposed to the City Government; that
the Senior Center Committee will be meeting quarterly,
although it has indicated that there is nothing which
needs to be addressed at this time.
b) Councilmember Maryanov questioned what. the effect is on
the Spa Hotel of the massage ordinance, -in that there
may be some peculiar circumstance and perhaps the (103
application of the ordinance to large-scale operations
should be reconsidered.
City Manager was directed to determine the specifics of
the Hotel ' s concerns and schedule review by Council .
16. PUBLIC reports or requests - None
17. STAFF reports or requests
a) Public Nuisance Abatement Proceeding & Accounting Reports:
Received for filing. City Clerk to set date for hearings
thereon.
Council Minutes
2-20-85 Page 6
ADJOURNMENT
There being no further business at 8:20 p.m. , Mayor declared
the meeting adjourned.
e JUDITH SUMICH
City CIerC<