HomeMy WebLinkAbout8/6/1986 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
AUGUST 6, 1986
A Regular Meeting of the City Council was called 'co order by
Mayor Bogert in the Council Chamber, 3200 Tahquitz-McCallum Way,
on Wednesday, August 6, 1986, at 7 :30 p.m.
ROLL CALL: Present: Councilmembers Apfelbaum, Birer, Foster,
Smith and Mayor Bogert
Absent: None
The meeting was opened with the Flag Salute and a Moment of
Silence.
COMMENDATIONS:
Mayor presented plaques of appreciation to retired Commis-
sioners James Schlecht, Economic Development Commission, (74)
and Paul Madsen, Planning Commission.
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting
adjourned for the purpose of convening as the Community Redevelop-
ment Agency.
APPROVAL OF MINUTES:
It was moved by Smith, seconded by Birer, and unanimously
carried, that the Minutes of July 16, 22, 28 and 29,
1986 be approved.
PUBLIC HEARINGS:
1. CUP 5.0405 - EL CIELO VILLAS APPEAL (L. HELD)
Consideration of appeal by E1 Cielo Villas partnership
from Planning Commission approval of the McCallum Desert
Preserve, which covers a portion of property conveyed
as open space on recorded Tract Map 12049, owned by the
appellant.
Planning Director reported that the parcel conveyed by
the Tract Map was a condition of the map, and although (78)
the map was recorded, development did not proceed and
the companion use permit expired; that the appellant has
had 30 days since the matter was originally scheduled
to be heard; that the appellant was advised by Staff that
if he were to apply for a use permit for the same project,
it would be approved, but he has indicated that because
of changed market conditions, a new project is necessary,
and asked for a 30-day continuance. He stated that staff
has not had any contact with him since the hearing was
continued July 2, 1986.
Mayor declared the hearing open.
Larry Held, 803 El Placer, stated that he does not object
' to the Preserve, unless construction involves the property
immediately adjacent to his; that there have been many
changes since the Tract Map was recorded, and his engineer' s
believe they can improve the development, which would
also benefit the City; and that the 60-day extension is
needed in order to complete engineering work, e.g. ,
hydrology studies, etc.
Council Minutes
8-6-86 Page 2
1. C.U.P. 5.0405 (Continued)
Jerry White, 803 E1 Placer, stated that landscaping plans
encroach into a corner of their property, and perhaps
an exchange of land would be possible, which would make (78)
the project better, and in return, would be better for
the City.
There being no further appearances, the hearing was closed.
In answer to question by Council , Planning Director reported
that a continuance would place the Preserve on hold, in
terms of developing plans; and that the Council could
uphold the Planning Commission action, excepting that
portion of the previously recorded map, without negating
further work on a land exchange. He also stated that
the Council may continue an appeal up to 90 days.
Following discussion, it was moved by Foster, seconded
by Birer, and unanimously carried, that the Planning Commis-
sion action be upheld, excepting that portion relating
to the parcel conveyed by Tract Map 12049, which shall
be continued for 60 days.
2. AA 3.995 - ALLEN FENCE COMPANY APPEAL.
On July 116, 1986, Council continued hearing on consideration
of appeal from Planning Commission approval of a chain
link fence to enclose undeveloped property at 815 Panorama
Drive.
Planning Director reported that discussion at the study
session indicated that the Council may wish to continue (111 :1
this matter until after summer to permit more of the
surrounding property owners to be present.
Mayor declared the hearing open.
John Fitzgerald, attorney representing the property owner,
F. Loewe, stated that the property contains 13 acres,
of which 10 are currently fenced; that the owner desires
to close the loop on the property, because of concerns
relating to his health and safety, as we'll as protection
to the property from people picnicking, and interlopers.
Eric Williams, owner of new residence at, 800 W. Stevens
Road, stated that the City has opposed projects affecting
open deserts in the past, and this fencing will have a
negative impact on the elements; that his house was
designed to integrate the surrounding desert, and he was
held to rigid development standards, and the approval
of the chain link fence is inconsistent with those
standards; that it represents a visual catastrophe to
him, and does not serve any purpose - either protection '
of property or from intruders; that the fence would be
on his north border; that the property owner has done
nothing in ten years to fence the additional area, and
questioned why his presence should suddenly be a threat
to him, rather his residence would serve as a deterrent
to trespassers; that he is concerned the fence will serve
as an unnatural obstruction to drainage water, resulting
in severe damage to his residence, and liability to the
City and to Mr. Loewe; that he has not had a response
to this concern from the City' s engineer; and that this
matter should be delayed at least to permit time to develop
a policy concerning fencing of hillside properties.
Council Minutes
8-6-86 Page 3
2. AA 3.995 (Continued)
There were no further appearances.
It was moved by Apfelbaum, seconded by Birer, and unani-
mously carried, that the hearing be continued for 90 days.
PUBLIC COMMENTS:
a) Carolyn Toenjes, 1863 Park, on behalf of Mothers for
Peace, read the Mayor' s proclamation declaring this
date as Peace Memorial Day, and thanked the Mayor
for it.
b) Dudley Fey, 2300 Tahquitz McCallum, Sandra Gordon,
2388 Tahquitz-McCallum Way, and another female resident
of Palacio de Anza Apartments urged that the Council
become involved in litigation as a result of Rent
Review Commission decision to deny a hardship rent
increase to the landlord, on the basis that ''the Council
should support the Commission' s action, and should
direct the City Attorney to act accordingly. Mr. Fey
submitted a petition expressing the tenant' s request,
which is on file with the City Clerk.
In answer to question by Council , City Attorney stated
that he might be able to work out an extension with
the attorney for the plaintiff, on the basis of asking
for time to permit the real parties in interest to
retain legal counsel ; that the Council ' s action would
best be made at this time, rather than postponed;
that the City has no economic interest in the outcome
of the case, other than whether the guideline is valid
or invalid, and whether it can or cannot be followed
in the future; that the City has nothing at stake
in the outcome from a legal , technical standpoint;
that the Council must determine if it will spend public
funds to support a limited group; and that he believes
he has a conflict of interest, but the Council could
waive that conflict and direct him to represent as
it directs.
Councilman Smith stated that he would like additional
time to determine where the Council stands on this,
and favored directing the City Attorney to request
a 30-day delay.
City Attorney stated that the plaintiff' s counsel
could be approached and asked to be granted a delay,
and if that were not done, the next request would
be in court; and that such a request on the part of
the Council would not hook it into the case.
It was moved by Smith, seconded by Birer, and unani-
mously carried, that the City Attorney be directed
to seek a 30-day continuance.
c) Rose Sweet, representing Catholic Charities, requested
that the Council consider supporting the emergency
shelter operating costs for one year from CDBG fund
increased allocation, of $12,000.
Council Minutes
8-6-86 Page 4
d) Robert Bertrand, 933 Chino Canyon, provided staff
a copy of newspaper article describing expanded
neighborhood watch program adopted in Fountain Valley
as a measure for earthquake preparedness, and urged
that the City follow something similar. Copy provided
to City Manager.
e) George Goldberg commented on lost dollars to Palm '
Desert, lost restaurants to Rancho Mirage, and snobbish
attitude in precluding swap meet from moving from
Cathedral City to Palm Springs Drive-in, although
it would result in an upgrade of the property.
f) Bernie Crawford (See Item 3) requested that the Council
reconsider its action concerning TTM 21492; that he
did not think the Council had a full understanding
of the conditions attached to the map; that it discussed
a set aside by the developer of $4„000-5,000, for
reasons he did not understand, but was willing to
go along with, and after the hearing was closed and
the Council ' s action interpreted, the result was the
application of full conditions; that they do not object
to paying for improvement of streets fronting the
project or one-fourth of the signal , but they do not
have a leasehold interest in the parcel abutting Satur-
nino, and their project does not impact it; that the
leasehold stops on the SW side of the wash; that the
property is proposed to be leased with the property
to the east according to the BIA; that he questioned
why the land to the east of his site did not have
the same requirement, which is a substandard lot,
or why he was not told that there was a mistake and
his site would be treated differently;, that he would
not have gone ahead with execution of the lease for
full value if he knew he was going to have to pay
for Saturnino.
LEGISLATIVE ACTION:
3. TTM 21492 - CRAWFORD (REQUEST FOR RECONSIDERATION)
Request has been made by B.J. Crawford for reconsideration
of the conditions of approval on TTM 21492, to require
posting funds necessary to improve Saturnino Road in-lieu
of the improvements.
Director of Community Development reported that Mr. Crawford
felt that because he has a lease on the property, it
overrode the Subdivision Map Act; that the Council was
sympathetic to the situation, but concerned that the 9,000
square foot parcel was not legal , nor reasonably able
to be developed, and the off-site improvements on Saturnino
might never be accomplished; that the current director
of the BIA indicated intention to include the parcel with
lease of property to the east of it; and that the Council
approved the Tentative Map, subject to bonding for '
improvements, which Council indicated might be $4,000
to $5,000. He stated that the cost breakdown indicates
a total construction price of $48,361 , which includes
sidewalks, and one-half the amount if charged to Mr.
Crawford would be $28,180; that if the sidewalks were
omitted from the improvement, the total cost would be
$28,689, of which one-half would be $14,345. He also
stated that the Council could have denied the Tentative
Map, and the developer could have appealed to the Tribal
Council .
Council Minutes 12,5
8-6-86 Page 5
3. TTM 21492 (Continued)
Councilman Foster stated that his primary concern was
to assure the improvement of curbs and gutters, and
understands the paving associated with that because of
replacement, etc. ; that the Alternative 2 is a fair com-
promise; that he understands the developer does not lease
the land, but it does belong to the same underlying
Allottee, and he believes an error has been made, and
the Allottee will not be able to lease the small piece;
that it will impact the property to the east of it, and
a sharing of the cost of the improvement by that parcel
and Mr. Crawford's parcel is the only way the improvement
will occur.
(137)
It was moved by Apfelbaum, seconded by Birer, and
unanimously carried, Smith abstaining, that the Council
reconsider itsprevious action.
In answer to question by Mr. Crawford, relative to not
having control over that portion of Calle El Segundo,
for which he is to bond for bridge improvement, City
Attorney stated that in the event he is unable to obtain
the right-of-way, the City Engineer will accept a bond
to cover the improvement, when the dedication is received.
It was moved by Foster, seconded by Apfelbaum, and
unanimously carried, Smith abstaining, that the Council ' s
previous action be amended to stipulate that the amount
required to be posted by the Developer to guarantee improve-
ment of Saturnino Road, excluding sidewalks, shall be
$14,345.
4. PNA - SEWER CONNECTIONS
Recommendation: That the Council order the Building &
Safety Director to abate sewer connection violations at
seventeen specified locations.
Director of Community Development reviewed his report;
and Enforcement Supervisor stated that building permits
were obtained by the various property owners to make the (57)
connection, however, the work never proceeded; that notices
have been provided; and that the permits are now void
and new permits will be required.
Resolution 15954 ordering abatements as recommended, was
presented; after which, it was moved by Smith, seconded
by Foster, and unanimously carried, that Resolution 15954
be adopted.
i
l 2 G Council Minutes
8-6-86 Page 6
5. UTILITY USERS TAX - EXEMPTIONS
Recommendation: That the Council establish policy of
exempting low income households from paying the tax, and
impose the tax throughout the year.
Director of Finance reviewed his report., dated August
6, 1986, and stated that there was a small response to '
survey made, but based on the conclusions of the results,
the imposition of the tax would not be a burden on the
business community; that imposition of the tax on low
income families was also explored, and based on the Senior
Housing Rehabilitation Program, and income levels used
in other cities, exemption is recommended for single persons
with an income of $10,000, and two or more persons in (140)
a family with an income of $13,000; that there are 2,100
households that conceivably could qualify, which would
be a reduction in revenue of $126,000 if all applied;
and that exempting July and August would further reduce
revenues by $300,000, which would mean a total budget
deficit of $590,000.
City Manager stated that the index used in other cities
for determining low income was increased somewhat for
purposes of the Utility Tax, and represents a more liberal
interpretation of poverty level .
In answer to question by Council , City Attorney stated
that the Council may establish classes of persons, and
classes of service, which may be exempted from the tax;
and that imposition of the tax in July and August would
be a class of service, hence the Council could amend the
ordinance at any time to make such a change.
Councilman Birer stated that he favored exempting the
income levels described, and wished to assure others that
the Council will look at the tax on an on-going basis,
particularly, before next summer.
In answer, to question by Council , Director of Finance
stated that the mechanics for determining that a person
meets low income criteria will be established by staff,
but will require some type of formal application.
City Attorney noted that the exemption would not take
effect until the application has been made, granted by
the City, and arranged for with the utility company.
Councilwoman Apfelbaum stated that she supported the action,
but also desired that the previously suggested blue ribbon
committee to explore the City' s finances, methods, etc. ,
and come up with innovative ideas for the City, should
be pursued. City Manager noted that it is in progress.
Resolution 15955 providing the exemptions as recommended,
was presented; after which, it was moved by Birer, seconded '
by Foster, and unanimously carried, that Resolution 1.5955
be adopted.
Council Minutes
8-6-86 Page 7
5. UTILITY TAX (Continued
City Manager noted that proposed ordinance to clean up
details of the Utility Tax, as requested by the utility
companies., and which makes the ordinance more closely
match the League model ordinance, was reviewed at the
last study session. City Clerk read title of the Ordinance, (140)
as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 3.32 OF THE PALM SPRINGS MUNICIPAL
CODE RELATING TO UTILITY USER TAXES.
It was moved by Birer, seconded by Foster, and unanimously
carried, that further reading be waived, and the Ordinance
be introduced for first reading.
6. BUDGET AMENDMENT - CONVENTION CENTER MARKETING
Recommendation: That the Council amend the budget to
appropriate $244,009 (net of appropriations previously
made) to establish a total $300,000 1986-87 marketing
budget for the Convention Center.
City Manager highlighted his recommendation, which was (61 )
reviewed in detail at the last study session, and stated
that the appropriation will be enough to fund the operation
throughout the year.
Resolution 15956 amending the budget, as recommended,
was presented; after which, it was moved by Birer, seconded
by Apfelbaum, and unanimously carried, that Resolution
15956 be adopted.
7. UNIFORM TRANSPORTATION FEE ON NEW CONSTRUCTION
Recommendation: That the Council endorse, in principle,
the establishment of a Uniform Transportation Fee on new
construction in the Coachella Valley. This item was
reviewed in study session, and no further report was given.
Resolution 15957 endorsing the concept as recommended, (123)
was presented; after which, it was moved by Birer, seconded
by Apfelbaum, and unanimously carried, that Resolution
15957 be adopted.
8. MUNICIPAL CODE AMENDMENT - ROOM TAX
Recommendation: That the Council amend the Municipal
Code to increase the interest rate charged on delinquent
room taxes and penalties from 1/2% to 1% per month. This
item was reviewed in study session, and no further report (140)
was given.
City Clerk read title of the Ordinance, as follows:
' AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE TRANSIENT OCCUPANCY TAX ORDINANCE TO
INCREASE THE INTEREST RATE CHARGED ON DELINQUENT ROOM
TAXES AND/OR PENALTIES FROM 1/2% PER MONTH TO 1% PER
MONTH.
It was moved by Apfelbaum, seconded by Birer, and unani-
mously carried, that further reading be waived and the
ordinance be introduced for first reading.
Council Minutes
8-6-86 Page 8
9. MUNICIPAL CODE AMENDMENTS (Ords intro 7-16-86)
City Clerk read title of Ord 1270 re boards & commissions (103)
membership requisites, and
title of Ord 1271 dissolving Energy Commission; (60)
after which, it was moved by Smith, seconded by Birer, '
and unanimously carried, that further readings be waived,
and Ordinances 1270 and 1271 be adopted.
10. CDBG - ADDITIONAL APPROPRIATION
Recommendation: That the Council approve projects for
supplemental CDBG funding for 1986-87, in amount of $60,000;
and amend the budget to account for the funds, and to
reduce General Fund appropriations by $6,000 provided
by said additional CDBG funds.
Economic Development and Housing Specialist briefly
reviewed report of Director of Community Development; (85)
and stated that in terms of emergency shelter funding,
staff recommendation is to continue looking into use of
redevelopment funds for that purpose.
In answer to question by Council , she stated request by
the Coalition for Alternatives to Domestic Violence was
not before CVAG; that its Executive Committee did not
believe operational costs should be funded by local
government; and that three cities have approved
appropriations toward the capital cost to purchase a shelter
in Indio. She stated that Catholic Charities asked for
about $12,000 in operating costs, which would not be
sufficient to cover a full year.
In answer to question by Council , City Manager stated
that use of Redevelopment Agency Housing set aside funds
will be brought back to the Agency, in line with discussion
at recent study session.
Councilwoman Apfelbaum supported providing operating costs
for the emergency shelter in Palm Springs.
Councilman Smith stated that he would like to help the
shelter get started, and if funds were granted, the group
should not rely on the City for funds in the future.
Economic Development & Housing Specialist suggested that
funds be approved, contingent upon the group receiving
other sources to fully fund the operating costs; and that
the funds come from the Housing Rehabilitation allocation.
Rose Sweet, Catholic Charities, stated that the County
Housing Authority is in escrow on the project; that it
is not operated for the benefit of Catholic Charities,
rather those who find themselves homeless in Palm Springs
and require emergency shelter; that Catholic Charities '
provides a grant of $30,000, plus food, volunteers, and
clothing, and if the shelter did not open, under its
contract with the State, the State would) take over the
operation.
Council Minutes 1 �)
8-6-86 Page 9
10. CDBG (Continued)
It was moved by Smith, seconded by Apfelbaum, and unani-
mously carried, that Resolution 15958 approving 'r.he projects
for supplemental CDBG funding for 1986-87, as recommended,
be adopted, subject to reallocation of funds to provide (85)
the $12,000 for operating costs for the emergency shelter.
Resolutions 15959 and 15960, amending the budget (revised
to account for the emergency shelter allocation) , and
amending the budget to reduce the General Fund appropriation
by $6,000 for administrative costs provided by the supple-
mental funding, were presented; after which, it was moved
by Smith, seconded by Apfelbaum, and unanimously carried,
that Resolutions 15959 and 15960 be adopted.
11. NATIONAL FOREST LAND BOUNDARIES
On July 16, Council continued consideration of Planning
Commission recommendation to request the Department of
Agriculture National Forest Service to consider extending
the National Forest to meet the City' s westerly city limits.
In light of discussion at the study session, to allow (144)
further study of this matter by the Tribal Council and
other parties of interest, it was moved by Birer, seconded
by Apfelbaum, and unanimously carried, that this matter
be tabled.
CONSENT AGENDA:
12. MO 3776 approving amendment to Agr 2275 with Carolyn Patten, (50)
to increase compensation and establish effective date of
the agreement as July 26, 1986.
13. Res 15961 approving Amendment No. 1 to Allocated Positions (61 )
and Compensation Plans to provide a reorganization of the
Government Buildings and Street Maintenance Divisions of
the General Operations Department.
14. Res 15962 approving agreement with County to participate (113)
in California Identification System/Remote Access Network
(Cal-ID/RAN) Agr #2333.
15. Res 15963 approving 2-year time extension for TTM 16495 (137)
and P.D. 155 (C. G. Dunham) , for property on evest of South
Palm Canyon Drive, south of Cahuilla Hills Drive, Sec 34.
16. Res 15964 approving participation in County contract for (123)
purchase of lubricating oils and greases from Unocal .
17. Res 15965 authorizing destruction of specified records on (151 )
file in the Office of the City Clerk.
18. Res 15966 approving supplemental agreement with Wessman (117)
' Development Co. for the McCallum Building sale and remodeling;
including approval of License Agreement - Agr #2334.
19. Res 15967, 15968, and 15969 accepting repayment, authorizing (61 )
loan, and amending budget, as counterpart actions to CRA
Item "E" above.
20. Res 1.5970, 15971, and 15972 approving Payroll Warrants and (86)
Claims & Demands.
Council Minutes
8-6-86 Page 10
It was moved by Apfelbaum, seconded by Birer, and unani-
mously carried, that Resolutions 15961 through 15972 and
Minute Order 3776 be adopted.
21. COMPREHENSIVE FEE SCHEDULE - ANIMAL FEES
Recommendation: That the Council amend the Comprehensive
Fee Schedule (Res 13189) to increase animal shelter related
fees.
Police Chief stated that the increases onlly affect those
whose animals are in violation of the leash law, have (114)
bitten someone, or who receive direct services from the
Animal Shelter; that there is no -increase in license fees;
that the fees will recover actual costs, and are in line
with charges by local veterinarians for boarding.
Councilman Foster expressed concern that people will not
pay that much to reclaim their dogs or cats, and more
animals will be destroyed; and that the increases should
be applied in lesser amounts over a period of' time, e.g. ,
one-half the amount now, and another increase in the future
if the higher amounts have not been a deterrent to
reclaiming the animals.
Police Chief noted that the highest recommended impound
fee for a dog is $20, and "larger animals" refers to horses,
etc.
City Manager stated that the amount of t:he fee relates
to philosophy of who should pay for providing the service
- the public, or the owner of the animal .
Councilman Birer stated that the Council has attempted
to follow the fee study recommendations, and he did not
see that there would be much difference whether a person
would reclaim the animal based on :$20 vs. $10.
Resolution 15973 increasing the fees as recommended, was
presented; after which, it was moved by Foster, seconded
by Smith, and carried by the following vote, that Resolution
15973 be adopted, subject to reducing the recommended
impound and daily rare fees for cats and dogs by 50%:
AYES: Apfelbaum, Foster and Smith
NOES: Birer and Bogert
ABSENT: None
22. WASTEWATER TREATMENT PLANT LAND COOKER EXCHANGE
Recommendation: That the Council approve the sale of
a 22 foot strip of "land to Ralph Coomber, for $5,285;
and accept a small 10-foot triangular parcel from Mr.
Coomber which is needed for stormwater drainage off Gene (127)
Autry Trail , Section 19. '
Council Minutes ,3 1
8-6-86 Page 11
22. WASTEWATER TREATMENT PLANT (Continued)
Director of Community Development reported that the purchase
price was based on the appraisal of land recently sold
to DWA; that the 22-foot strip is not needed by the Sewer (127)
Plant, and was created as a result of construction of
the percolation ponds, is actually outside of the fenced
area, and there are no plans to redo the ponds to take
in the strip; and that a concrete splash pad used to drain
storm water from Gene Autry Trail encroaches onto
Mr. Coomber° s property, which he is willing to convey
to the City.
Resolution 15974 approving the action as recommended,
was presented; after which, it was moved by Apfelbaum,
seconded by Smith, and unanimously carried, that Resolution
15974 be adopted.
23. MUNICIPAL CODE AMENDMENT - MOTION PICTURES/COMMERCIAL
r PHOTOGRAPHY
f Recommendation: that the Council amend the Municipal
Code to regulate the production of motion pictures and (103)
commercial photography in the City.
Director of Community Services recommended that this matter
be continued, in order to review impact of ordinance on
local TV commercial filming.
It was moved by Birer, seconded by Foster, and unanimously
carried, that this matter be continued to September 3,
1986.
24. SEWER REIMBURSEMENT AGREEMENTS - EXPIRATION DATES
Recommendation: That the Council eliminate the expiration
dates for all remaining sewer refund agreements now bearing
an expiration date. This item was reviewed in study
session, and no further report was given. (128)
Resolution 15975 was presented; after which, it was moved
by Birer, seconded by Smith, and unanimously carried,
that Resolution 15975 be adopted.
25. AIR QUALITY RULES CHANGE - SCAQMD
Recommendation: That the Council oppose reduced air
quality standard in the South Coast Air Quality Management
District; insist on a full EIR on the proposed change
prior to adoption; and convey its concern to the District. (123)
This item was reviewed in study session, and no further
report was given.
Resolution 15976 was presented; after which, it was moved
' by Smith, seconded by Foster, and unanimously carried,
that Resolution 15976 be adopted; and that if no action
is taken by the District, that the Council be prepared
to pursue the matter.
l32
Council Minutes
8-6-86 Page 12
26. HISTORIC GENERAL SIORIt/MUSEUM - RUDDY
Recommendation: That the Council approve a Memorandum
of Understanding with James F. Ruddy for the construction
of an historic general store at the McManus Village Green. (117)
Redevelopment Director reviewed his report, dated August 6,
and stated that since this matter was reviewed at the
study session, the Risk Manager has revised the insurance
provisions; that approval will allow Mr. Ruddy to start
the process; that: the MOU will serve as the basis for
a formal agreement: to lease the site at no charge, in
return for the construction of an approximate 800 square
foot building, and operation of the store at no cost to
the City; and that the location will be at the back of
the Village Green, between the McCallum Adobe and the
hair salon.
Minute Order 3777 approving the MOU, as recommended, was
presented; after which, it was moved by Foster, seconded
by Apfelbaum, and unanimously carried, that Minute Order
3777 be adopted.
27. 1986 NOVEMBER BALLOT - PROP 64
Resolution 15977, opposing the LaRouche Initiative, as
harmful to California's humane, balanced, effective and (98)
sound public health programs to fight AIDS, was presented;
after which, it was moved by Birer, seconded by Apfelbaum,
and unanimously carried, that Resolution 15977 be adopted.
REPORTS & REQUESTS
28. FRANCHISE REPORT Received & Ordered Filed
a) Warner Cable - Franchise Payment $27,286. 28 (89)
29. CITY COUNCIL reports or request - None
30. PUBLIC reports or request
a) Howard Lapham urged that there be a public hearing
on the Transportation Fee when it is time for adoption
of the fee.
b) Allen Perrier, attorney, 3000 Tahquitz-McCallum, repre-
senting Mr. Oakes, Palacio de Anza apartment owner, (85)
stated that lie did not see why the Council needed
a 30-day continuance; that if the tenants require
time to retain legal counsel , they can call him and
talk to him about a continuance; and that he did not
consider it sensible to use public funds to defend
the tenants.
c) Ed Petty, Vista Drive, raised questions concerning
the City' s budget deficit, and causes for it happening; '
and made statements concerning how funds were allocated
or loaned. Mayor suggested that Mr. Petty contact
the City Manager, or Director of Finance, to become
better informed.
Council Minutes
8-6-86 Page 13
31. STAFF reports or requests
a) Received for filing Proceeding and Accounting Reports
for completed abatements in various areas of the City; (57)
City Clerk to schedule public hearing hereon for
September 3, 1986.
b) City Manager stated that because of the Chamber of
Commerce Retreat in October, there will Lie a conflict
with the first Council meeting date. Consensus:
Council to meet on either Tuesday or Thursday, whichever
day is not involved in the Retreat schedule.
ADJOURNMENT
There being no further business, Mayor declared 'che meeting
adjourned to Tuesday, August 12, 1986 at 3 p.m. , in the
Large Conference Room, City Nall .
JUDITH SUMICN
City Clerk
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