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HomeMy WebLinkAbout11/20/1985 - MINUTES R� CITY OF PALM-SPRINGS CITY COUNCIL MINUTES NOVEMBER 20, 1985 A Regular Meeting of the City Council was called to order by Mayor pro tem Maryanov, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, November 20, 1985, at 7:30 p.m. ROLL CALL: Present: Councilmembers Birer, Foster, Maryanov and Smith Absent: Mayor Bogert 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 . COUNCIL COMMENTS: None PUBLIC HEARINGS: 1 . BUSINESS LICENSE TAX INCREASE On November 6, 1985, Council directed that public input be provided relative to proposed increases in the business license tax. A 10% increase each year over the next three years is recommended, commencing January 1 , 1986. Report highlighted by Director of Finance. (64) Mayor inquired if anyone wished to be heard. Ralph Hitchcock, Chamber of Commerce, stated that the Chamber has reviewed the proposed ordinance, and recognizes the extent of the City° s financial position ; that the increase is not wanted, but opposition to it will not be voiced by the Chamber, however, it did wish to express caution about automatic increases without additional consideration beforehand. Deyna Hodges, 2122 Baristo, President of the P.S. Citizens & Merchants Association, stated that the Association favors the 10% increase for one year, but opposes additional increases without additional hearings for people to express their opinions. There were no other appearances. City Manager stated that it is less costly to accomplish the 3-year change, than to do it incrementally; that the matter could be reviewed each year; and that adoption of the 3-year increase would provide some certainty relative to the revenue portion of the budget. Councilman Maryanov stated that the aggregate 33 1/3% increase is more closely in line with what should have occurred over the years ; and that there has not been a business license -increase since 1971 . City Manager stated that in addressing the total revenue picture of the City, the focus has been to explore those areas where there has not been an increase. In answer to question by Council , he stated that an overall review of the basics of the ordinance should be independent of the increase. Council Minutes 11-20-85 Page 2 r, 1 . BUSINESS LICENSE TAX (Continued) Councilman Birer stated that he preferred a one-year increase, and a full re-evaluation of the ordinance before another consideration next year. He stated that on the surface it appeared that tax for some businesses may be under or over, e.g. , real estate brokers appeared low to him. Councilman Smith concurred with the idea of looking at individual categories ; and stated that another review at the end of the year, would determine if the additional increase is needed. (64) It was moved by Birer, seconded by Smith, and unanimously carried, Bogert absent, that the staff proceed with preparation of an ordinance amendment to cover the three years, with the understanding that the matter will be re-studied each year, and during the first year, the various categories will be reviewed for appropriate tax rates. 2. ZTA 5.0375 (SIGNS) - NEON REGULATIONS Recommendation: That the Council amend the Zoning Text to add regulations concerning neon signs. Planning Director reviewed report of Director of Community Development; and stated that the Planning Commission adopted guidelines which the Council could endorse or suggest restudying. He reviewed the guidelines, and stated that there was public support at the Commission meeting. (103) In answer to questions by Council , ,Planning Director stated that there may be some levels of dimness that woUld preclude current from passing through the medium; that stab+ recommended that bright white and red be prohibited, however, the Commission did not want to go that far, rather 'it would be left to the sign designer to demonstrate the level of brightness ; that staff has had success in the past in getting cooperation from businesses to bring down `.he level of intensity; that rheostats can be checked; that if the dimness were controlled by non-mechanical means, that would be a matter of record, e.g. , smoked plexiglass covering, and abatement procedures would be applicable; and that regarding Olive Oils, there has not been a specific complaint, but there was a condition for field review, and 'the intensity can be adjusted. Councilman Birer stated that he believed the matter has been handled well by staff and the Commission ; that the guidelines are appropriate, and field review is appropriate; and that he favored controlling the medium, not eliminating it. Mayor pro tem declared the hearing opened. Deyna Hodges, President of the P.S. Citizens & Merchants Association, spoke in favor of the proposal ; and would not favor a prohibition of the medium, nor requirement for a conditional use permit. There being no further appearances, the hearing was closed. Councilman Foster stated that he believes neon is gawdy and trendy; that controlling intensity is a good idea, but one that will be difficult to enforce; that he did not think it possible to dim the sign enough to lose brightness, without losing power to light the sign; that he did not think the use of neon needed to be completely eliminated, i .e. , as a source of light, but should not be allowed to be exposed. �} Council Minutes 11-20-85, Page 3 2. ZTA 5.0375 (SIGNS) (Continued) Councilman Birer stated that if the brightness cannot be controlled electronically, then the sign would be shielded or modified in some manner; that this is a step in the right direction, and represents a good solution for a difficult problem; that the ordinance only addresses dimming, and the Planning Commission guidelines relate to other matters ; that there has not been a lot of neon signs, of which some are (103) not the greatest, but the guidelines make sense. Councilman Smith stated that when the moratorium is lifted, the Snow Goose will come in and apply, and that issue will be where it started ; and that perhaps the medium should be allowed, but not exposed. Councilman Maryanov stated that he agreed with Mr. Foster, and stated that it is a trendy medium, and one which is being used throughout Southern California, however, with the smallness and concentrated area in Palm Springs, there will be neon all along Palm Canyon; and that because of the trendy aspect, the moratorium should be extended and the issue reconsidered in eighteen months. Councilman Birer stated that the staff and Commission did a good job of controlling the neon signs; that the Snow Goose came to the Council on an appeal ; that some neon signs are good and some are not, but the same statement could be made about all signs ; that he did not favor a moratorium or prohibition against one type medium; and that neon is an art form, and there should be a way of looking at it. Councilman Foster expressed concern that if it is allowed, everyone will want to use it; that most small communities do not allow it; that it can be used as a light source, but not exposed; and he favored requesting Planning Commission to develop language that would allow neon only when tubing is not exposed. Councilman Maryanov stated that he viewed Mr. Foster' s suggestion as a moratorium, which would give the Planning Commission time to develop standards for the CBD; and he would not be surprised if this issue did not resurface in two years. It was moved by Foster, seconded by Smith, and carried by the following vote, that the Planning Commission be requested to develop language which would allow the use of neon, but only in instances where the tube is not exposed: AYES: Foster, Maryanov & Smith NO: Birer ABSENT: Bogert PUBLIC COMMENTS: a) Charlie Black, Del Sol Road, regarding PNA, stated that the City only sent two written materials for demolition, over a four year period, and he disagreed with the report (57) of charges for the work, in that the contractor was not on standby for eight hours; that he obtained a permit on January 21 , 1985 and was told he had 120 days, but the City issued a contract to Underground Ltd. on February 8, 1985. Council Minutes 11-20-85 Page 4 m j £ b) Tim Connor, 390 Tahquitz-McCallum Way, Erwin & Anderholt, representing Transworld, restated background of actions previously reported to the Council ; after which, he (123) requested. that the Council consider a 110-IL height and agree to waive the settlement agreement to that degree. c) George Goldberg, 1445 Cesspool , stated that the Council may not have increased business license taxes since 1971 , however, he estimated that the number of licenses issued probably has increased. d) Deyna Hodges, 2122 E. Baristo, stated that in taking its action regarding neon signs, in her opinion, the (103) Council wasted the time of staff, the public and the Planning Commission, because it was pre-determined to ban the use of neon. Mayor pro tem stated that the Council is under no obligation to agree with the Planning Commission; that the Council wanted to hear its reasoning, to receive public comments, and to consider both; and that to do the contrary, would not be following due process. LEGISLATIVE ACTION: 3. PUBLIC NUISANCE ABATEMENT On November 6, 1985, Council continued confirming the Accounting & Proceeding Report for abatement of fire damaged structure on Lot 23, Wright Leonard Tract, pending verification of final abatement costs. Building & Safety Director reported that he spoke with the (57) former employee who processed this action, and was advised that the amount of the proposed lien is correct; that in talking with Mr. Black' s attorney, it was reported that the estimated cost for the work would be $1 ,200, however, he did not want the amount spelled out in his letter; and that staff recommends that the lien amount be confirmed, including the administrative costs. In answer to question by Council , he stated that the fire was in 1981 , and microfilmed records only go back enough to show two notices mailed. Councilman Foster stated that he recognized there were certain administrative costs involved, however, the only hard dollars were those paid to the contractor, and perhaps the administrative portion could be set aside. City Manager stated that it was discretionary with the Council , but it could be taken as a precedent for others that the City is willing to carry the public along when there is a private property involved, which would be a direct subsidy. He stated that this is a cost which the property owner could have avoided. Councilmembers Foster and Smith concurred in their views that this was a hardship case, with mitigating circumstances. Councilman Birer stated that he was sympathetic, however, others would also like to have had the administrative costs removed; that this matter has gone on for a, long time, including involvement of legal counsel by the property owner; and that the costs are not out of line for what was done, and it would be a mistake to waive a portion of them. Council Minutes 11-20-85 Page 5 3. PNA (Continued) In answer to question by Council , Building & Safety Director stated that the permit was issued, but there was no notation on it that the work was to be done immediately, which could have been construed by the property owners as having 120 days in which to complete it, however, it was issued in the context of a pending public nuisance abatement, and statement (57) that it would be done immediately. He stated the 'time on the permit could have been changed by staff. During discussion, it was the consensus of the Council that staff acted properly in following procedure's, however, there were mitigating circumstances which would warrant favorably considering a reduction in the lien amount. Resolution 15713, to confirm the report and impose the lien, was presented; after which, it was moved by Foster, seconded by Smith, and unanimously carried, Bogert absent, that Resolution 15713 be adopted, subject to discounting the amount of the lien to reflect a total of $1 ,140 (net effect: deletes administrative cost of $700) . 4. HOTEL ASSISTANCE RANKING CRITERIA Recommendation: That the Council establish criteria for ranking requests for financial and other assistance from prospective hotel developers. Report of Director of Community Development reviewed by Economic Development & Housing Specialist. Councilman Maryanov stated that he agreed with the general (11 }) ranking criteria, but was concerned about the number of points in environmental areas ; and if a project is undesirable, regardless of the number of points, it should not be supported. He stated he was willing to experiment with the ranking, but the concept should be monitored, and perhaps brought back to the Council . Councilman Smith stated that if the environmental areas are eliminated, the result would be a reversal of what is being said, and he considered it a part of the overall mix; that the ranking is not for planning purposes, but rather to provide criteria if there were a number of hotel projects for consideration ; that all might not proceed through the Planning Commission ; and that the Economic Development Commission has spent a lot of time in developing the recommendation, and he favored trying it. Resolution 15714, establishing criteria, as recommended, was presented; after which, it was moved by Smith, seconded by Birer, and unanimously carried, Bogert absent, that Resolution 15714 be adopted, with understanding that the criteria may be reviewed as experience and/or problems encountered dictates. 5. TTM 20167 - REVISED On November 6, 1985, Council continued consideration of appeal from Planning Commission denial of proposed 4-lot subdivision west of Smokewood, pending a field trip. It was moved by Birer., seconded by Foster, and unanimously (137) carried, Bogert absent, that this matter be continued to December 4, 1985. Council Minutes 11-20-85, Page 6 1(S' 6. EQUESTRIAN PARKING/CARL ROSE REQUEST On November 6, 1985, Council continued consideration of (109) recommendation to negotiate with Mr. Rose to develop equestrian parking at the west end of Ramon Road, in exchange for a portion of city-owned property adjacent to his property, pending a field trip. It was moved by Birer, seconded by Foster, and unanimously carried, Bogert absent, that this matter be continued to December 4, 1985. 7. MUNICIPAL CODE AMENDMENT - ENERGY COMMISSION (Intro. 11-6-85) City Clerk read title of Ordinance 1253, to reduce membership from 7 to 5; after which, it was moved by Smith, seconded (60) by Birer, and unanimously carried, Bogert absent, that further reading be waived, and Ordinance 1253 be adopted. CONSENT AGENDA: 8. Res 15715 and 15716 approving Payroll Warrants & Claims & Demands. (86) 9. MO 3661 awarding bid to trim and skin 112 palm 'i:rees between Alejo and Ramon on Palm Canyon Drive, to Dependable Tree Service, (136) in amount of $6,900. 10. Res 15717 establishing policy to prohibit personal use of City Vehicles, unless otherwise authorized by the City Council . (114) It was moved by Smith, seconded by Birer, and unanimously carried, Bogert absent, that Resolutions 15715 through 15717 and Minute Order 3661 be adopted 11 . AIRPORT - JIMSAIR SUBLEASE Recommendation: That the Council approve sublease of a portion of the Jimsair site to Leon R. Nightingale Family Trust for construction of T-hangars ; sublease to be subordinate to the master lease. (51 ) Resolution 15718 approving sublease, as recommended, was presented; after which, it was moved by Birer, seconded by Foster, and unanimously carried, Bogert absent, that Resolution 15718 be adopted. 12. TRAFFIC SIGNALS - MODIFICATIONS (CP 85-46) Recommendation: That the Council award contract for modification of traffic signals at three locations on North (130) Palm Canyon Drive, to Paul Gardner Corp. , in amount of $140,963. Director of Community Development stated that all traffic signal controllers have not been changed, and staff is continuing to pursue that with CalTrans; that CalTrans is not a participant in the cost of this project, as it relates to the development agreement for the Desert Fashion Plaza, and paid for out of funds established for its expansion; and that the modifications were a CalTrans requirement as part of the development agreement. In answer to question by Council , staff reported that any signal relocation must meet CalTrans requirements for simultaneous upgrading. Minute Order 3662, awarding contract as recommended, was presented; after which, it was moved by Smith, seconded by Birer, and unanimously carried, Bogert absent, that Minute Order 3662 be adopted. Council Minutes 11-20-85, Page 7 13. AIRPORT HOTEL - LEASE CONDITIONS Recommendations: That the Council establish a portion of the conditions related to the Airport Hotel lease. This item was reviewed in detail at the last study session, no (51 ) further report was given. Economic Development & Housing Coordinator reported that the spread between food and beverage percentage points under leases of Indian Land is 1-1% points, and is less for beverage than food. Resolution 15719, establishing partial conditions, as recommended, was presented; after which, it was moved by Birer, seconded by Smith, and unanimously carried, Bogert absent, that Resolution 15719 be adopted. 14. VINTAGE GRAND PRIX Recommendation: That the Council approve an MOU and co-sponsorship agreement with the Chamber of Commerce and Vintage Grand Prix for the classic car race Thanksgiving weekend, 1985. ( ) It was moved by Birer, seconded by Foster, and unanimously carried, Bogert absent, that the MOU and co-sponsor agreement be approved. REPORTS & REQUESTS: 15. DEPARTMENTAL REPORTS - Received & Ordered Filed a) CVB - 1984-85 Annual (50) b) Wastewater Treatment Plant (Previously filed with Council ) (127) 1984-85. 16. CITY COUNCIL reports or requests a) Staff requested to inventory number of signs placed 3-ft (103) behind the window, and report to Council . b) City Manager to check out possibility of traffic signal at Vista Chino and Gene Autry Trail . 17. PUBLIC reports or requests -- None 18. STAFF reports or requests a) City Manager reported that Council will be asked to adjourn December 4 to December 10 for a TEFRA hearing. ADJOURNMENT There being no further business at 9:20 p.m. , Mayor pro to declared meeting adjourned. JUDITH SUIMICH City Clerk