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HomeMy WebLinkAbout3/19/1986 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES MARCH 19, 1986 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, March 19, 1986, 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. APPROVAL OF MINUTES: It was moved by Foster, seconded by Birer, and unanimously carried, that the Minutes of March 5, 1986 be approved COUNCIL COMMENTS: a) In response to question of Councilman Birer, City Manager stated that because of a continuing problem with DWA's flood control project, the sinking of the pavement on Tahquitz and Museum Way has not been resolved, however, a test is scheduled in April , and if successful , resurfacing should occur shortly thereafter. PUBLIC HEARINGS: 1 . TPM 21406 & Z/C 5.0394 - SUNRISE SQUARE PARTNERS Recommendation: That the Council approve TPM 21406, for a two-lot subdivision, by Sunrise Square Partners ; and a change of zone initiated by the City from R-1-C to C-D-N, for property on the NW corner of Vista Chino and Sunrise Way, Section 2. Director of Community Development reviewed his report, dated March 19, 1986, and stated that the Parcel Map creates two (119 & lots for leasehold purposes ; and that the zone change is in 149) compliance with the Zoning Ordinance, which provides that after substantial completion of a planned development district, the owner may seek permanent zoning. Mayor declared the hearing opened; there being no appearances, the hearing was closed. Resolution 15810, approving TPM, was presented, and following reading of the title of the Ordinance, by the City Clerk, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROV- ING CASE NO. 5.0394 A CHANGE OF ZONE FROM R-1-C TO C-D-N FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF VISTA CHINO AND SUNRISE WAY, R-1-C ZONE, SECTION 2. it was moved by Smith, seconded by Birer, and unanimously carried, that further reading be waived that the Ordinance be introduced for first reading, and that Resolution 15810 be adopted. ` ' - Council Minutes `a 3-19-86 Page 2 2. VARIANCE 6.352 (PERRY) - HOPE APPEAL On March 5, 1986., at request of appellant, consideration of appeal from Planning Commission approval of variance for a minor extension of single-family house into the side yard for property at 2441 Southridge Circle, was continued to this date. Director of Community Development reported request for an additional continuance; after which, it was moved by Birer, seconded by Maryanov, and unanimously carried, that this matter (14 be continued to April 2, 1986. PUBLIC COMMENTS (3-minute limit per person) a) Jeremy Crocker, 330 W. Arenas, commented on increased planning fees, cautioning that they result in pass-through to the buyer; and stated that justification for the fees (114) should not be based on how much government costs, rather government casts should be reduced. He stated his opinion that City government should follow the Federal government example. b) Sande Carmichael , 10 Snow Creek Road, read a prepared statement, a copy of which is on file with the City Clerk, and submitted her comments presenter.) to the Community Services Commission at its hearing on March 18, 1986, relative to the EDCON Windy Point Feasability Study, (109) opposing any consideration of an OHV Park in the area. Nancy Wheat, 22124 Snow View, on behalf of Priscilla Black, also read a prepared statement, a copy of which is on file with the City Clerk, also challenging the accuracy of the EDCON report, urging immediate action to close the area. Deborah Cool , 15921 Cottonwood Drive, also read a prepared statement, a copy of which is on file with the City Clerk, and stated that the additional police protection and patrol , although not ideal , has had an impact on reducing traffic flow; and suggested fencing and other obstructions be installed to preclude OHV passage and parking. Gene North, resident Palm Springs Oasis, also commented on the situation in the area, stating that there is gross trespassing taking place, and negligence by public agencies. Dr. Arthur Greenwald, 555 Tachevah, stated that the on-call orthopedic surgeon at the hospital is in great demand as a result of injuries occurring at Windy Point. He also stated that because of stress related to a police officer' s occupation, the officers should work six months, and have one month off. Councilman Smith stated that silence is not a lack of concern or knowledge of the problem, and 'the issues are very complex because of the number of agencies involved ; and that there is a process taking place, and the Commis- sion' s recommendations will be forwarded to the Council . City Manager stated that the City has an obligation to assure the State that the grant monies have been spent in-line with the grant conditions; that there were concerns by staff that the report was not complete, as well as concerns expressed by the public; that there should be Lt w. Council Minutes 3-19-86 Page 3 an opportunity for the consultant to complete the report, and contrary action would be negligence on the part of the City with respect to its obligation under the grant; that the citizens in the area must be aware that the occupied areas are not in the City of Palm Springs, and in providing a higher level of service around the area than its needs to, the City is directly subsidizing through increased enforcement action those areas outside of its jurisdiction, and tax dollars raised in the City are being spent for the benefit of residents outside of the City. LEGISLATIVE ACTION: 3. P.D. 168 - WATER PARK FINAL PLANS Recommendation: That the Council approve final development plans, subject to conditions, for the water theme park on Gene Autry Trail . Councilman Birer stated he would abstain due to a client rela- tionship. (116) Director of Community Development highlighted his report of March 19, 1986. Resolution 15811 approving final plans, as recommended, was presented; after which, it was moved by Smith, seconded by Foster, and unanimously carried, Birer abstaining, that Resolu- tion 15811 be adopted. 4. FEE SCHEDULE AMENDMENT - ENGINEERING/PLAN CHECK Recommendation: That the Council amend the Comprehensive Fee Schedule to increase Engineering Inspection and Plan Check fees, due to inflation, to establish a percentage basis for fee collection. (114) Director of Community Development reported that this matter was reviewed in detail at the study session, and the proposed amendment provides a means of collecting fees to track with inflation, as well as simplifying calculations and reducing staff time in determining the fee. Councilman Foster stated that the person benefitting from the fee should be the payor of it, and if it is not a future buyer, it would fall on the people in the community to subsi- dize development; and that the fees are lower than most of the other communities, as well as saving manpower. Councilman Maryanov stated that fee increases were considered only after looking at cost reductions; that the cost of every- thing is rising, and he believed that Prop 13 was a statement that the public wants the same approach to fees that private industry takes; and the Federal debt is not an example the City should follow. Resolution 15812 amending fee schedule as recommended, was presented; after which, it was moved by Maryanov, seconded by Foster, and unanimously carried, that Resolution 15812 be adopted. � ) Council Minutes 3-19-86 Page 4 5, LIABILITY INSURANCE Recommendation: That the Council authorize participation in the liability insurance program offered by C.V. Joint Powers Insurance Authority. Risk Manager reviewed Memorandum of City Manager dated March 19, 1986, and explained penalty provisions in the event the option to purchase is not exercised at this, time, or if there is a commitment to purchase, but the city does not actually do so. Resolution 15813 authorizing participation, as recommended, (96) was presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, that: Resolution 15813 be adopted. CONSENT AGENDA: 6. Res 15814 supporting the preparation of an E_IR, in particular, to include issues identified relative to noise and visual mitiga- (123) tion. (WECS - U.S. Idindpower) 7. MO 3721 awarding contract to James Rue Construction Co. , Inc. for reconstruction of cross-gutters at various locations, in (129) amount of $66,666, CP 85-17, Agr #2299. 8. MO 3722 approving purchase of ammunition through the State Dept. (84) of General Services, in amount of $15,040.21 . 9. MO 3723 approving agreement with the School District to provide 6(12 a full-time Police Officer on the High School Campus for the 1 1985-86 School Year, Agr #2300. 10. Res 15815 approving 12-month time extension to commence construc- tion of affordable housing projects on North Palm Canyon Drive, between Gateway and extension of Tramview Road, Section 34, Broxmeyer, P.D. 139. 11 . MO REMOVED authorizing purchase of a Canon NP-500 AF'S Copier from University Copy Systems, in amount of $9,010, for the Airport. 12. Res REMOVED amending the Comprehensive Fee `.schedule to increase animal shelter fees. 13. Res 15816 amending the Comprehensive Fee Schedule to increase the fee for crime and accident reports from $2 to $11 . 114) It was moved by Smith, seconded by Birer, and unanimously carried, that Resolutions 15814 through 15816 and Minute Orders 3721 through 3723 be adopted. Council Minutes a�H �- 3-19-86 Page 5 D f il 14. COMPREHENSIVE FEE SCHEDULE - PLANNING FEES Recommendation: That the Council amend the Comprehensive Fee Schedule to provide an increase in Planning application fees to cover the full cost of processing. Planning Director reported that the fees do not apply to most (114) single-family homes which do not go through the planning process, but rather to larger projects, and precludes smaller projects subsidizing the larger projects. He stated that the effective date of the resolution would be extended two months in accordance with Section 65962, relative to entitle- ments affecting a single-family or multi-family residential development project. Resolution 15817, amending the fees as recommended, was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, that Resolution 15817 be adopted. 15. PA8 - JOINT HEARING Resolution 15818 consenting to joint public hearing, was presented; after which, it was moved by Birer, seconded by Smith, and unanimously carried, that Resolution 15818 be (124) adopted. 16. AIRPORT - AIP-03 - APPRAISAL Recommendation: That the Council approve increase in letter agreement, previously approved by the City Manager, with J.A. Gallager & Associates, for appraisals on the Edelman and Del (51 ) Gagnon parcels, for a fee not to exceed $9,000. This item was reviewed in detail at the last study session. Minute Order 3724 approving the letter agreement, as recom- mended, was presented ; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, that Minute Order 3724 be adopted. 17. SEWER & UTILITY EASEMENT VACATIONS - CALLE ALVARADO & ANDREAS Resolution 15819 declaring intent to vacate sewer and public utility easements in portions of Calle Alvarado and Andreas (145) Roads, Section 14, in connection with the development of the Convention Center, and setting hearing thereon for April 16, 1986, was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, Smith abstaining (property interest) , that Resolution 15819 be adopted. 18. PA2 - CULTURAL CENTER Resolution 15820 authorizing MOU with Performing Arts Center, Inc. (companion action to CRA Res. 408) was presented ; after which, it was moved by Maryanov, seconded by' Smith, and unani- (124) mously carried, Foster abstaining (appearance of conflict) , ' that Resolution 15820 be adopted. 19. BUDGET AMENDMENT - LIABILITY INSURANCE Recommendation: That the Council amend the budget to appro- priate $150,000 for liability insurance claims for the remainder of fiscal year 1985-86. Report highlighted by Risk Manager. (61 ) Resolution 15821 amending the budget, as recommended, was presented; after which, it was moved by Smith, seconded by Birer, and unanimously carried, that Resolution 15821 be adopted. Council Minutes 3-19-86, Page 6 20. WATER PARK - LEASE AMENDMENT Recommendation: That the Council amend the lease agreement with Michael Mastro and Thomas Hazelrigg, to establish Hazelrigg as the lessee and sole owner, which will enhance availability and affordability of insurance necessary to operate the Park. (109) Councilman Birer stated he would abstain due to a client rela- tionship. Director of Community Services stated that the amendment does not relieve Mr. Mastro from his responsibility as lendor and guarantor responsibilities covered by the lease. Minute Order 3725, amending Agreement 2218 as recommended, was presented ; after which, it was moved by Foster, seconded by Maryanov, and unanimously carried, Birer abstaining, that Minute Order 37251be adopted. REPORTS & REQUESTS: 21 . COUNCIL reports or requests - None 22. PUBLIC reports or requests - None 23. STAFF reports or requests a) Auto Sales Center: City Manager stated) that for two years the City, along with a neighboring city, has been dealing and negotiating with auto dealers to come to Palm Springs, and it is extremely familiar as to what is needed to bring those type of activities here, and of knowing the consequences for having it here; than it is generally (124� considered a universal cue to be successful , since it brings in increased amounts of revenue to the City; that if the City did not provide -the land write clown, it would either be saying that it (lid not want the additional $500,000 four years from now to fund City services ; or that it was willing to ask the taxpayers for an equal amount to fund services; and that without the land write down, this type of project would not be here. ADJOURNMENT There being no further business at 8:40 p.m. , Mayor declared the meeting adjourned. �dUDITH SUMICH City Clerk