HomeMy WebLinkAbout7/6/1983 - MINUTES CITY OF PALM SPRING '
CITY COUNCIL MINUTES
JULY 6, 1983
A Regular Meeting of the City Council was called to order by Mayor
Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on
Wednesday, July 6, 1983, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Doyle, Faster, Ortner,
and Mayor Bogert
Absent: Councilman Maryanov
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 .
PUBLIC HEARINGS:
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1 . AA CASE 3. 544 - RENATO RESTAURANT APPEAL
Consideration of appeal from Planning Commission denial
of a wrought-iron fence and outdoor dining umbrellas at
495 North Palm Canyon.
• Director of Community Development reviewed his report, dated
July 6, 1983, and presented photographs of the site. He
stated that parking is not an issue of the appeal , but
noted that the appellant had negotiated with the Catholic
Church to lease a portion of its spaces in order to cover
his deficit, but the City was simultaneously negotiating (111 )
' with the Church to purchase the parking lot and requested
that the Church not encumber the property with the lease
(neither the acquisition nor the lease have come to fruition)
and observed that even if the lease transpired, the City
probably would be amenable to renewal of it on a year-to-year
basis, until redevelopment occurs.
i Mayor declared the hearing open.
Anthony Iaquinta, appellant, stated that he owns the business,
and has previously submitted petitions signed by patrons
indicating support for the fence. In answer to question
by Council , he stated that he was probably aware of the
permit requirement, however, he felt he was improving the
property and he was in the right to do so; and that a block
wall would hide the landscaping and tables.
In answer to question by Council , Planning Director stated
that there probably would not have been an objection to
the continuance of the slump-stone wall ; that it would have
hidden the landscaping; and that the AAC did not think the
wrought-iron fence integrated with the architecture.
There being no further appearances, the hearing was closed.
' In answer to question by Council , Planning Director stated
that a recent count showed 60 seats for the restaurant;
that the Zoning Enforcement Officer has been working with
the applicant regarding the parking situation, and space
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Council Minutes
7-6-83 Page 2
1 . AA CASE 3.544 (Continued) ,
is being sought within 30 feet of the site; that most of
the building is currently vacant and, since that is the
case, the additional seating has been allowed to remain
until the parking is resolved. CONT'D
(111 )
It was moved by Ortner, seconded by Ortner, and unanimously
carried, Maryanov absent, that the Planning Commission action
be upheld and the appeal be denied.
2. SPECIAL TAX - POLICE PROTECTION
Recommendation: That the Council hold a public hearing
to determine if there is sufficient community support to
justify a ballot measure for special police tax.
Police Chief stated that proposal to fund additional police
protection was first considered in 1981 under laws which
would have permitted a benefit assessment district, and
was stimulated by public reaction to the high 1980 crime
incidence; that a 12% sample of registered voters was taken, (140)
and 76% supported the proposal , while 60% of the business
community supported it; that a consultant was hired and
each taxable piece of property identified; that calls for `
service were analyzed and a formula developed to provide
a dollar benefit; that response to recent meetings in resi-
dential areas indicates there is still support for the
concept, but he anticipates there would be opposition from
the business community, because the special tax would be
higher than the benefit assessment was estimated; that change
in State law repealed the benefit assessment legislation
and in-lieu provided a means of imposing a special tax;
that ordinance has been drafted by the City Attorney to
meet the current legislation, which takes into account infla-
tionary factors based on annual CPI, in particular, no
increase would be more than 3/4 of the CPI or 8% whichever
is less; that $785,000 would be raised the first year, to
cover 14 sworn officers and 7 non-sworn personnel to provide
anciliary services for the additional 14 officers; and that
the Council needed to determine whether there is still com-
munity support to place the issue on the ballot:.
In answer to questions by Council , Consultant Spindell stated
that mobilehome park tax would be paid by the property owner,
and any unimproved property would pay the same rate regardless
of parcel size; and explained how the charges laere determined
- measured against single-family unit, citing example that
business generates six times the number of calls for service
as does a residence.
City Attorney stated that the Council could adopt a general
tax which would not require an election, but he believed
the Council recognized the spirit of Proposition 13 and
wanted the voters to express the desire for the tax; that
the proposed ordinance includes provisions for increase
in the city appropriation limit; does not contain a sunset
clause, however, the increased appropriation limit is valid
only until that limit is reached but collection of the tax
would not be precluded; that staff recommended the Council
submit an advisory vote on a general tax, if it desired
to place the issue of the Special Tax on the ballot, which
would give indication as to the degree of support of the
voters for the need to finance additional police protection;
and if the Council felt that the citizens wanted some type
Council Minutes
' 7-6-83 Page 3
2. SPECIAL TAX (Continued)
of tax along these lines, it might desire to impose same,
although a general tax would not be restricted to police
protection. He stated that the ordinance, as proposed,
would require that all special taxes collected be placed
in a special fund for that purpose, less any County collection
charges.
Mayor inquired if anyone wished to be heard. CONT'D
Dawn Guinn, 1388 Saturmino, spoke in favor of additional ( iO)
police services; stating her understanding that it would
add 1 car and 2 men per shift; and noting that she would
not have a problem with two ballot questions.
In answer to question by Council , Police Chief stated that
* the additional staffing would permit converting the city
from six beats to eight beats, thereby increasing the level
of service; that the current goal is to respond to emergency
calls within six minutes 98% of the time - current level
is 78% of the time; and that the original Safety & Security
Task Force endorsed the assessment district, but the member-
ship on the existing task force for crime reduction is
different, and that its opinions are divided, and no position
has been taken by it on this issue.
Phil Short, 169 Twin Palms Drive, spoke in favor of the
proposal , stating that there are many people in the community
who are afraid to go out at night, and there are many who
want the protection and are willing to pay for it; and that
the issue should be placed on the ballot and the people
make the decision.
Don Brown, Executive V-P, Chamber of Commerce, stated that
the Chamber did a survey, but not soon enough to get a good
response, however, the results showed 18 in favor of the
proposal , and 11 opposed. He stated that a number of
telephone calls were received, some in favor, and others
raising questions, regarding use of security guards as credit
against the tax; inclusion in the formula of "good citizen
reporting" calls by businesses of situations which had nothing
to do with their business ; police retaliation; if funds
are for existing levels or increased levels of service;
and whether other city departments might follow suit with
additional special taxes for their purpose.
Councilman Doyle stated that the special tax was not intended
.• to be used to fund basic service now being provided, rather
to provide additional service.
Police Chief stated that the use of security guards was
included in the initial discussions, however, it was felt
that other factors could also be considered, e.g. , alarms,
hours of operation, and the charges could become specialized
to the point of not being workable. He stated that the
categories permit grouping by category and yet are fair
and can be administered.
Don Lawrence stated that the task force last year endorsed
the assessment district with a sunset clause; that the current
task force has not taken action because it did not have
adequate information, and the Steering Committee will ask
it to spend some time on the subject.
Council Minutes
7-6-83 Page 4
2. SPECIAL TAX (Continued) ,
Joan Gattuso, President of the Merchants & Citizens Associa-
tion, 264 Debby Drive, requested that this matter be studied
by the task force; that the Police Chief had said that there
is adequate service; that she had not been included in any
survey; that the task force brought about the merchant watch
and neighborhood watch, and she believed these have reduced
the demands for service.
Jim Stewart, 155 Hermosa Place, stated that: the tax cannot
be passed through to the tenant; that all single-family
type units, e.g. , condominiums, apartments, homes, and mobile-
homes, should all pay the same amount, and the tax passed
through to tenants; that the tax might open up other taxes
for other departments ; that Citizen' s United is opposed
to any new tax; that the Police Chief said he was satisifed
with the existing level of service; that computerizing
dispatch would result in preventing patrol cars from parking
together; that people want visibility of the units ; that
he did not see the urgency in placing the issue on the
November ballot; and that it should be reviewed by the task
force first.
In answer to question, Mr. Spindell stated that the analysis
showed there were a certain number of calls for each apartment CONT"D
unit, and regardless of size of the complex, the same number (140)
per unit could be expected, therefore, a 100-unit apartment
complex would receive about the same number of calls as
a disco-dance operation.
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Mr. Stewart stated that the burden needs to be placed on '
the renter, and he did not believe many people understood
that the cost could not pass through to the tenant, under
provisions of the Rent Control Ordinance; and that he believed
the voters would "revolt" after the election if it is passed.
In ,answer to question by Council , he stated that Citizen's
United originally surveyed 950 people, with 659 responding; ,
that the second most requested item related to the police
department, in particular, visibility.
In answer to question by Council , City Attorney stated that
the benefit assessment would not have been permitted to
pass through to the tenant any more so than the special
tax; and that provision could be made that the tax could
pass through to the tenant in line with the rent initiative
ordinance.
Councilman Doyle stated that the Police Chief has said that
a proper level of service is being .provided, but people
want more visibility, more protection, and in many cases,
are willing to pay for it; that he did not know how much
more information could be added to the study of the subject;
and that he concluded from recent meetings in mobilehome
parks, that tenants are willing to pay for it.,
Dana Hodges, 822 E1 Conquistador, stated that the ordinance '
should be clear that the funds are for additional service
and not to fund existing level ; that there should be a sunset
clause; that 60% favoring a special tax does not equate
to 60% favoring a general tax; that the task force did not
have a statement at this time, and she believed the proposal
to be too vague; and that the ordinance dloes not specify
what the money is to be used for.
Council Minutes
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7-6-83 Page 5
2. SPECIAL TAX (Continued)
City Attorney read from the ordinance the specific areas
of limitation, noting that all of the funds shall be for
police protection and placed in a special fund for the reasons
specified; and that language could be added which, in essence,
could state that the funds would be used to provide only CONT"D
police personnel and services in excess of those existing (140)
in 1983-84.
There were no further appearances.
Councilman Doyle stated that he agreed with some of the
comments which were made; that the neighborhood and merchant
watches may have diminished the need for service, but he
has not heard that from others in the community; that he
believed the community should decide if it wants the addi-
tional service; that he supports the use of 1983-84 as a
base year; that he believed there is a need for re-examination
and after a period of time, the electorate should be
allowed to vote again after a 3-4 year period, in conjunction
with expiration of the appropriation limit; that he
believed the tenant should pay for the cost; that the task
force should make this subject a number one priority and
respond to those areas commented on and submit a recommenda-
tion to the Council ; and that the community cannot operate
on a 9-month government, and decisions must be made
year-around.
City Attorney was directed to prepare revised ordinance,
to include language to allow pass through of the tax under
' the rent control ordinance; to define the base year for
level of service, above which additional service will be
defined; and specific sunset date to allow voters io determine
whether it should continue, such vote to be by a 2/3 affirma-
tive passage, and such date to tie to the appropriations
limit time frame. Revised ordinance to be considered by
Council at adjourned meeting July 12, 1983.
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PUBLIC COMMENTS: None
LEGISLATIVE ACTION:
3. ZTA 5.0260 (PROPERTY MNTCE) & ZTA 5.0244 (HOME OCCUPATIONS (Intro.
6-15-83) & DISASTER COUNCIL (Intro. 6-1-83)
City Clerk read title of Ordinance 1184, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADDING A MAINTENANCE SECTION 9319.00 AND A NEW ITEM 7 (103)
r` TO THE ARCHITECTURAL REVIEW SECTION 9403.00 TO THE PALM
SPRINGS ZONING ORDINANCE.
and, Ordinance 1185, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING ORDINANCE OF THE CITY OF PALM SPRINGS (103)
TO ALLOW HOME OCCUPATION AS A PERMITTED USE IN VARIOUS
RESIDENTIAL, URBAN RESERVE AND GUEST RANCH ZONES.
and Ordinance 1186, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, (103)
TO ESTABLISH A CITY DISASTER COUNCIL.
Council Minutes
7-6-83 Page 6 4
3. ORDINANCES FOR SECOND READING (Continued)
It was moved by Doyle, seconded by Ortner, and unanimously
carried, Maryanov absent, that further readings be waived,
and that Ordinances 1184, 1185 and 1186 be adopted.
CONSENT AGENDA:
4. Minute Order 3254 approving service agreement with Fischer &
Porter Co. , for 24-month period, of instrumentation at Wastewater (127)
Treatment Plant, at total price of $34,700.
5. Resolution 14649 approving 12-month time extension for TTM 17151 ,
and P.D. 129, for property at the westerly terminus of (137)
Tahquitz-McCallum Way, on the south side -- Webb/Cadillac.
6. Minute Order 3255 awarding contract to Allen Grading & Paving
for annual street drainage improvements at various locations, (129)
in the amount of $35,182.50.
7. Minute Order 3256 awarding contract to E. L. Yeager Constr. Co.
for extension of San Rafael Drive, between Sunrise Way and Indian (136)
Avenue, in amount of $28,691 .
8. Minute Order 3257 awarding bid for purchase of one used auto
to Hertz Corporation in amount of $5,828.94. (84)
9. Minute Order 3258 awarding bid for resurfacing i tennis courts,
basketball courts and volleyball court to Rieco, Inc. , in amount (109)
of $6,500.
10. Resolution 14650 approving purchase of lubricating oils and '
greases from Union Oil Co. , through County of Riverside contract. (123)
11 . Minute Order 3259 awarding contract to Massey Sand & Rock Co. ,
for construction of sewer main in Be'lardo Road in the amount (128)
of $80,840.
12. Minute Order 3260 approving Amendment #2 to Agreement #1948
with BCL, Inc. , in amount of $3,300 to include traffic analysis (116)
in EIR for Desert Fashion Plaza expansion project.
13. Minute Order 3261 approving letter• agreement with Frank
Balistrieri for contractual legal services for 1983-84 at rate (68)
of $65 per hour.
14. Resolutions 14651 and 14652 approving Payroll Warrants and Claims (86)
& Demands.
15. Resolution 14653 approving TPM 19313 to combine property at
1660 Dunham Road - KWL/R. Pond. (119)
It was moved by Doyle, seconded by Foster, and unanimously
carried, Maryanov absent, that Resolutions 14649 through
14653 and Minute Orders 3254 through 3261 be adopted; Doyle
abstaining on Minute Order 3261 .
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16. BANK OF P.S. - SYMPHONY WEST OUTDOOR PERFORMANCES
Director of Community Development reviewed proposed resolu-
tion, to permit the temporary use of the upper parking deck (94)
of the Bank of Palm Springs Centre to be used by Symphony
West for eight outdoor performances, stating the Symphony
West is in agreement with the conditions, with the exception
289
' Council Minutes
7-6-83 Page 7
16. SYMPHONY WEST (Continued)
that perhaps something could be done relative to the
requirement to remove the stage area between the Spring
and Fall and Fall and Spring performances. He stated that
although he had discussions with Mr. Millar, no alternatives CONT'D
were developed, that would not result in costing more to (94)
make the stage area attractive enough to remain in place
through the year, than it would cost to remove and erect
it.
Councilman Doyle observed that the upper parking lot is
rarely used, and the stage area might be subject to vandalism
if it remained between seasons.
Resolution 14654, allowing the temporary use, subject to
four conditions, as recommended, was presented; after which,
it was moved by Doyle, seconded by Ortner, and unanimously
carried, Maryanov absent and Foster abstaining, that Resolu-
tion 14654 be adopted.
17. MAIN LIBRARY - PARKING LOT MODIFCATIONS
Recommendation: That the Council award contract to Massey
Sand & Rock Co. , for main library parking lot modifications,
in amount of $71 ,780. (99)
' Councilman Foster requested that this matter be delayed
in order to permit the Council to review the plans with
the Community Development and Community Services Directors,
and stated that the Council might see the plans differently
if viewed from the site.
It was moved by Doyle, seconded by Foster, and unanimously
carried, that this matter be continued to July 12, 1983.
18. PALM TREE TRIMMING
Recommendation: That the Council award bid for palm tree
s
trimming to West Coast Arbori'sts, Inc. , in amount of $15,995. (136)
Director of Community Services noted that the work does
not include seed pod removal , as noted in the report, only
tree trimming at locations in the City, other than in the
downtown area.
` Minute Order 3262, awarding bid as recommended, was presented;
after which, it was moved by Doyle, seconded by Foster,
and unanimously carried, that Minute Order 3262 be adopted.
19. ECONOMIC DEVELOPMENT ADMINISTRATION FUNDS
Recommendation: That the Council authorize submitting applic-
ation for Economic Administration Funds. Street improvement (136)
projects to be considered for funding: Cherokee Way, Bogie
Road, San Rafael , and Calle Encilia.
Resolution 14655, approving project applications, as recom-
mended, was presented; after which, it was moved by Doyle,
seconded by Foster, and unanimously carried, that Resolution
14655 be adopted.
20. SCE ENERGY OUTREACH GRANT
Recommendation: That the Council authorize acceptance of
Council Minutes
7-6-83 Page 8
20. SCE ENERGY OUTREACH GRANT (Continued)
$35,000 grant funds from SCE for an energy outreach program;
and approve agreement with Kristy Cogswell , to perform the
outreach work, based on hourly rate, plus certain expenses.
Energy Coordinator stated that the grant covers funds for CONT'D
the contractual employee, administrative staff and related (52)
costs; that funds for .the actual equipment are via other
SCE sources; and that the program will attempt to target
300 residents who meet the low income criteria for receiving
the energy equipment.
Resolution 14656, authorizing acceptance of the grant, and
Resolution 14657, approving the agreement, as recommended,
were presented; after which, it was moved by (Doyle, seconded
by Foster, and unanimously carried, that Resolutions 14656 "
and 14657 be adopted.
REPORTS & REQUESTS:
21 . DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Treasurer' s Monthly - April , 1983
22. CITY COUNCIL reports or requests
a) Commission Appointments:
Motions made, seconded and duly carried, that the Mayor's '
appointments for terms ending June 30, 1986;, be approved,
as follows:
Energy: Robert Reinen
Airport: Robert Brock and Gary Olson
Com. Services: Frances Heifitz
CVB: Lois Anderson & Robert Graham
Historic Site Presery Bd: Abby Salomon & Julie Hector
Personnel : Harry Bowytz
Planning Commission: Paul Madsen
Rent Review: Sidney Gordon & Wm. Kuhlman.
23. PUBLIC reports or requests - None
24. STAFF reports or requests - None
ADJOURNMENT
There being no further business at 9:40 p.m. , Mayor declared
the meeting adjourned to Tuesday, July 12, 1983, at 1 ;30 p.m. ,
in the Large Conference Room, City Hall .
JUDITH SUMI:CH
City Clerk