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HomeMy WebLinkAbout9/8/1987 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES SEPTEMBER 8, 1987 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way on Tuesday, ' September 8, 1987, at 2:00 p.m. ROLL CALL: Present: Councilmembers Afelbaum, Birer, Foster, Smith and Mayor Bogert Absent: None REPORT OF POSTING OF AGENDA: Report of Assistant City Clerk: Agenda posted in accordance with Council policy on September 4, 1987. PUBLIC HEARING: 1. DISPOSITION OF WELWOOD MURRAY LIBRARY PROPERTY Recommendation: That the City Council overrule protests and approve the sale of the Welwood Murray Library property to Wessman Construction Company, subject to buyer's compliance with deed restrictions, and on condition that there be no Court Order or other legal impediment to the sale. City Manager stated that after several Council meetings, ' and much public testimony, on July 15, 1987, staff was directed to proceed with activities necessary to act on the disposition of the Welwood Murray Library in conjunction with the participation agreement with John Wessman, and that the hearing allows those actions to be implemented. Director of Redevelopment reviewed the staff report and stated that basic library services, once provided only by the Welwood Murray Memorial Library, are now provided (99) by the Library Center; that the cost of operation of the Welwood Murray Library exceeds $75,000 per year, and attendance and circulation have declined substantially since 1975, which has led to the proposal for the closure of the Library; that attendance and circulation at the Library Center have steadily increased since 1975, and the Center needs additional space. He stated that maintenance and enhancement of the Central Business District as a visitor-oriented, retail and restaurant area, is vital to the economy of the City and would benefit from the integration of the Welwood Murray Library property into the Wessman project; that the sale of the property to Wessman Construction Company would include 1,400 square feet for a branch library to house a collection of at least 7,000 books ; and, that the sale would provide needed funds for ' expansion of library services at the Library Center, save over $75,000 per year, and contribute to the success and enhancement of the City' s visitor-oriented economy. He stated that at the July 15 Council meeting, there was a substantial amount of public comment, both for and against the project, which should become a part of the record; and that action at this time will result in addressing modification to the architecure of the building at a later date. TI Council Minutes 9-8-87, Page 2 1. DISPOSITION OF WELWOOD MURRAY LIBRARY PROPERTY (Continued) City Attorney requested that Resolution 16274, the Affidavits of Posting and the Publication of Resolution No. 16274 be made a part of the record. ' Mayor declared the hearing opened. William Goldenburg, 1029 Alameda, stated that the 3% utility tax costs him an additional $120 per year which he would rather have go toward the Welwood Murray Library than the Convention Center; that he did not think additional shopping was needed downtown, as most of the stores are 30% to 40% down in business over the previous year;; that there is no benefit to additional stores while a building the size of Robinson 's is empty; and that he would like the City to see what could be done for the people rather than the developer. Upon questioning by Council he stated that the 40% figure was obtained from people in the downtown area. Dale Hardenburg, 1143 Linda Vista Road, Member of the Board of Directors of the Save the Welwood Murray Memorial Library Committee, stated that the Committee thinks it is legally and morally inappropriate to sell the Library property, due to the gift deed restrictions, covenants, and conditions on the land, and improvements ; that the City is trying to circumvent the gift deed restrictions by having the heirs revoke or temper any rights they may have, which , is not in harmony with the intent and purpose of the donors; that the City accepted the conditions of the deeds in 1938 and 1940, and put the decision to a vote of the people, who favored the acquisition of the property; and that nothing has changed since that action which would put the Library on the auction block. He stated that if the voice of the people was deemed appropriate in 1938, it; is appropriate now, and that survey poles of private citizens and local organizations indicate overwhelming support for retaining the Library. He stated that the immediate goal of the Committee is to preserve the Welwood Murray Memorial Library as an operating library and to maintain its historical and architectural integrity; that the Library has been classified as a Class 7 historical site,, and should be treated as such; and, that the Committee seeks only to insure the last operating historical entity in the downtown area from being lost forever to developmental fever. Kimberly Durkin, 525 Palm Hill , member of the Board of Directors of the Save the Welwood Murray Memorial Library Committee, stated that. the Welwood Murray Library served as the only library in Palm Springs for almost 25 years; that due to the generosity of two pioneer families, the City Council , and the donations of private citizens in ' 1938, the City was able to invest in its future, and made a commitment to forever maintain the building as a public library; that the Class 7 historical site designation denotes a top priority for preserving the interior and exterior of the building as originally designed and constructed; that the Planning Commission's approval of the design of the project is in direct conflict with the Historic Site Council Minutes 9-8-87, Page 3 1. DISPOSITION OF WELWOOD MURRAY LIBRARY PROPERTY (Continued) Ordinance and should be declared void. She stated that the history of Palm Springs has given way to new development, ' and the Welwood Murray Library is one of the few remaining, well preserved, historic buildings in the City; that the people are proud of their past, as evidenced by the City's 50th Anniversary Celebration, and the history of the City should be preserved for the future in order to retain the contributions of private citizens to the community. Jeremy Crocker, 330 West Arenas Road, member of the Board of Directors of the Save the Welwood Murray Memorial Library Committee, played a recording of an interview of Francis Cracker, conducted in 1967, one of the original Board members who served for 40 years as a member of the Library Board, and who helped to negotiate the purchase of the Welwood Murray property. He stated that the interview raises three questions: 1) Why the property, valued at $25,000 silver dollars (in 1938), was chosen at the time; 2) What the terms of the sale were; and, 3) To what extent the donors wanted the gift to last. Francis Crocker stated in the taped interview that: 1) The property was considered one of the best corners downtown from a standpoint of prominence and availability, and that in order for a library to be truly useful to the community, which is measured by the circulation or amount of service the library is able to give the public, a library would require the same attributes ' and location that a first class business establishment requires ; 2) that the donor, George Welwood Murray, made the condition that the property would be donated after the City' s incorporation; that the City agreed, by ordinance, to spend a specific sum each year to support the Library; and, that by election, the people of the community also were committed to support the Library; and, 3) that the deed was written with a reversionary clause to prevent the sale of the Library in the future, in which case the Library would revert to the heirs and assigns. Jeremy Crocker stated that, apparently, now there is some way of interpreting the deed which would allow a court to overturn those conditions and allow the property to be sold. Diane Durkin, 2360 Clemwood Drive, member of the Board of Directors of the Save the Welwood Murray Memorial Library Committee, stated that the City Council intends to expand the Library Center from the proceeds of the sale of the Welwood Murray Library, augmented by matching State funds, when in fact Senate Bill 181 will have no action until late January 1988; that if SB 181 passes the Ways and Means Committee it must still pass the Legislature, and be put to a vote of the people, which raises the question whether ' those funds would even be available; and, that SB 181 has been discussed by the Council as a definite source of funds, when it is far from a sure thing. She stated that the recent decline in participation at the Library is due to the limited allocated resources, and recurrent fear of closure on the part of the Library Board, which has made it reluctant to improve the facility. She stated that the total annual operating cost of the Welwood Murray Library is $78,000, which staff has said could be eliminated if budget cuts are necessary; but that the 1,040 square foot reading room would cost $62,400, and if the City pays rent o l 7e Council Minutes 9-8-87, Page 4 1. DISPOSITION OF WELWOOD MURRAY LIBRARY PROPERTY (Continued) to John Wessman, the cost could exceed the current $78,000. She stated that it is the Committee' s wish to preserve the Library rather than reduce its value to a stone, with ' an historic site plaque, as has been done with the Desert Inn. Deyna Hodges, 2122 Baristo, President of the Board of Directors of the Save the Welwood Murray Memorial Library Committee, stated that the Committee has filed a lawsuit against the City to prevent the sale of the Welwood Murray property, and is not concerned with the procedural steps of a sale; that the Committee has received a temporary injunction, which prohibits the transfer of title to the property until October 2; that it is the Committee' s viewpoint that the City is without the authority to sell the property due to the gift deed restrictions, and the acceptance by the people and the Council in 1938, to maintain a public library an this site, and that the Committee has numerous legal precedence in favor of its viewpoint. She stated that the courts have rendered similar decisions and, therefore, the Committee is seeking than same favorable decision on behalf of the people of Palm Springs, and it has overwhelming support for its position; that the people want the property to remain as a library, with title held by the people; and she urged the Council to keep in mind all that is being said and vote no to the sale, and represent the wishes of the people to retain a valuable cultural ' link in the City' s history. Rolfe Arnhym, Executive Vice-President of the Chamber of Commerce, stated that business decisions are rarely popular, but are driven by the reality of the present and as seen in the future; that while goals may be conflicting, hopes and aspirations for the entire community are the same; that the Chamber of Commerce supports the sale of the property and is also very sensitive to the needs of the community and the need for a quality library, delivered in an economical and feasible way. He expressed his conviction that careful thought has been given to this project, that the City, in competition with the entire valley, must move ahead and can no longer afford to stand still ; that survival is of utmost importance to the business members of the community, who expect to be provided with a mix of activities which would allow them to survive, and move forward into the year 2000. He stated that statistics on the use of the Library, cost of providing services, and the potential additional retail sales tax, demand approval of this project; and that the Chamber thinks that to do otherwise is tantamount to shifting the tax burden back to the homeowner. Enzo Provenza, 70315 Chappel Road, Rancho Mirage, trustee ' of the Liebling Estate, stated that it is unfortunate some citizens feel it necessary to resort to court action, although they are well meaning people, and he hoped everyone would work in a spirit of cooperation; that if the project could be scaled down, the Library could be built around it; _a Council Minutes 9-8-87, Page 5 1. DISPOSITION OF WELWOOD MURRAY LIBRARY PROPERTY (Continued) that the City should determine what can be done to counteract some of the mistakes that have driven business down valley. ' He urged the Council and the citizens to take time to talk to the merchants who desire something that would give impetus to the downtown area; that the City is fortunate to have a Convention Center which will improve the downtown area, and create more jobs and provide a greater tax base. He stated that he is in favor of the project since he empathizes with the merchants and landlords in the area; that perhaps Mr. Wessman could present a plan whereby the City could retain a portion of the Library; and, that perhaps it makes economic sense to obtain money from Mr. Wessman to add to the Library Center. Sandra Gordon, 2388 Tahquitz-McCallum Way, stated that the sale and conversion of the Library into a $6 Million, two-story development only sounds impressive; that construction of hotels and condominiums is continuous, even though some have declared bankruptcy, or changed hands several times, and smaller hotels are totally engulfed; that there is an insidious, gradual , but unstoppable advance of smog; that there are vacant stores on Palm Canyon Drive, some vacant for three years, and the Council is asking a developer to build a two-story, retail complex; that Palm Springs is dying intellectually and culturally; that the City seems to be leaving it to Palm Desert to develop ' a cultural center; that the Council should not reduce the City to one library, in order to build another retail complex with more stores that could become vacant. She questioned whether the City is indulging in a $6 Million development for the people, or simply for the grandeur of it; that there are many other sites to use for new restaurants and shops, and it is not necessary to destroy in order to build. She asked the Council to think carefully about a quote of Admiral Rickover and stated that not everything hailed as progress contributes to happiness, and that the new is not always better, nor the old always outdated, and urged Council to retain the City's individuality and retain the Welwood Murray Library for posterity. Debbie Hatfield, 561 Desert View, stated that the City' s originality is slowly being destroyed, and she hoped the Library would remain for her daughter to use. James Stuart, 1037 Tamarisk Road, stated that he is a member of the Chamber of Commerce and was not aware of it taking a stand on the issue, and that the membership was not polled or notified. He stated that the North Palm Canyon Redevelopment Project Area Committee has been working on an idea for the block bounded by Palm Canyon, Indian, Vista Chino and Stevens Road, 70% of which is for sale, and ' possibly a similar idea would work for Mr. Wessman' s project; that he is riot against Mr. Wessman' s idea with respect to the redevelopment of a majority of the block; that the Library should remain, be expanded with a small pictorial room dedicated to the pioneers of Palm Springs, and include additional information obtained from the Desert Museum; that Mr. Wessman' s project should be designed around the existing Welwood Murray Library and carried through to The Council Minutes 9-8-87, Page 6 1. DISPOSITION OF WELWOOD MURAY LIBRARY PROPERTY (Continued) Plaza parking lot, which could be closed to parking; and, that the showroom on Indian Avenue could) be turned into a three-story parking garage. He stated that the City needs a South Palm Canyon Redevelopment Project Area Committee to work with property owners; that the City should meet with the Palm Canyon Project Area Committee, the property owners, a citizen' s committee and a staff representative and discuss the entire block, and urged the Council not to destroy one of the first gifts to the City. Leslie Ross, 262 Ocotillo Avenue, stated that the status of the Library should not be changed, that the City needs more libraries and museums, not more dollars or more development. She stated that the people in the audience support the Welwood Murray Library, and Council seems to be going against the feelings of the citizens. George Bailer, 471 Mezula Circle, stated that he prefers the desert as it was in 1936-1940; that he is aware of the need for development, but the City now is beginning to look like Waikiki Beach; that on weekends it is difficult to park, or even drive in the City, and that the needs of the people are not being considered and that instead of empathizing with the merchants, the Council should represent the people, and not the financial interests of the community. ' Janis Lyle, 215 Lyn Circle, representing the Historic Site Preservation Board, stated that the Welwood Murray Memorial Library was designated as a Class 7 historic site, to promote the sensitive preservation of the site; that a restriction was included that no permit for the alteration of the Library would be granted without the prior approval of the City Council , and she asked the Council to consider the importance of that restriction ; that it is imperative the Class 7 restriction be restated; that as the City begins to celebrate its 50th anniversary, it is appropriate to offer more than lip service to the contributions of pioneer citizens like John Porter Clark, the architect and designer of the Library building in collaboration with Nelly Kaufman, owner of the original Desert Inn, and that the Library has provided a sense of place, and given a definite character to the City for more than 46 years; that John Wessman' s proposed development would destroy the integrity of the building ; that the suggested alterations, including the two story entrance, doubling the size of the windows, and resurfacing the building, would result in the blending i of the structure with the new Wessman building, and questioned the arrogance of a developer whos personal preference for a different architectural style would destroy the best efforts of an earlier community; and that it is not necessary to change ' the structure to conform to Mr. Wessman's style. She stated that in a block which includes The Plaza, the Welwood Murray Library is architecturally harmonious, appropriate in scale, visually appealing, and historically important; that the City should endeavor to highlight its unique past, which offers a continuous tourist attraction; that if the Council agrees to sell the property, without enforcing the Class 7 restriction, it would, in her opinion, forfeit any chance of enforcing the historic code restriction on privately owned property; that Mr. Wessman has stated to the Historic Council Minutes 9-8-87, Page 7 1. DISPOSITION OF WELWOOD MURRAY LIBRARY PROPERTY (Continued) Site Preservation Board that the economic viability of the development does not depend on changes to the facade of the Welwood Murray Library; and that the City should balance the future with the quality of its past and Mr. Wessman can and must develop his project around the Library. Tom Shirley also spoke in opposition, statirig similar reasons, and recommended that this issue be taken to a vote of the people. Elizabeth Kaufman Kieley, Smoketree Ranch, 1800 South Sunrise Way, stated that her family has lived in Palm Springs since 1909; that since that time the family continues to be active in community affairs. She stated that she served on the committee that drafted the Historic Site Preservation ordinance, along with several current Counciimembers, and the Committee thought that the ordinance would adequately protect the historic sites in Palm Springs. She stated that after Proposition 13 the Library Board immediately cut the library budget by 25% by closing two branch libraries and terminating employees, which she thought no other agency of the City was required to do and which angered and frustrated patrons of the library. She stated the Library Center is near capacity, and that if the Welwood Murray Library is closed, the Center would soon be saturated and unable to expand; that the Council 's desire to upgrade ' downtown Palm Springs is understandable; that Mr. Wessman' s project is beautiful and appropriate, and that she would like to see it accomplished, but the Welwood Murray Library building is not necessary to the success of his project; that little is done for the visitors, which is evidenced by the number of them who stop at that library for information, guidance or reading material ; and, that the City needs to preserve this important historic site, and honor its committment to retain the Welwood Murray Library. She stated that members of P.O.S.T. are actively seeking gifts of land in and around Palm Springs to be kept in perpetuity, but that is difficult if the City does not honor its past promises; that the City has lost the old Desert Inn and the Oasis Hotel , and the El Mirador Hotel was saved only at the eleventh hour because of many dedicated citizens. She stated that the Welwood Murray Library is full of charm and warmth, and welcomes visitors and patrons, and is one of the last links to the City's past, but once it is gone it will never return. She urged the Council to reconsider its decision to close a small treasure, and abandon a very historic site. Chris Maleski , 169 Ocotillo, stated that he would like to save the Library; that when the project was origionally ' voted on, Mr. Wessman recommended the use of the McCallum building, but not the Library and wondered why it suddenly changed ; that when the Council originally voted for the project, one Council Member indicated a need to offset Maxims and another member stated the Desert Fashion Plaza did not turn out as hoped, and he hoped this would not happen to John Wessman's project. Culver Nichols, 899 North Palm Canyon Drive, stated that a trust exists, created by the donor, Welwood Murray and his successors, and the City is the trustee representing the Council Minutes 9-8-87, Page 8 1. DISPOSITION OF WELWOOD MURRAY LIBRARY PROPERTY (Continued) people; that the beneficiary of the trust is the public; and as one of those beneficiaries, he urged that the Council preserve and honor the gift of the trust of the property. Man (no name) stated his opinion that the Council is illegally breaking a trust that has been kept for 39 years, and hopes the case will stand up in court. John Wessman, 76200 Clancy Lane, Rancho Mirage, clarified the name of his company, i .e. Wessman Development Company, or John Wessman dba Wessman Development Company and that much has been built in Palm Springs which is not in character with the town, its aesthetics, or to the environment; that he has tried to build projects that were considerate of the people, of the environment, of pedestrians, and of visual effects; that, initially, he did not think there was much in the downtown area which was beneficial to Palm Springs, since it seemed the downtown area had deteriorated; that his project is an attempt to create a plaza effect, tying together with the old museum, the Library, the theatre and Mr. Pitt' s property; and that he hopes the project will flow through Mr. Pitt's property. He stated that if the project is constructed, Plaza ]investment could underground parking, and convert its property in a similar plaza manner; that he has endeavored to create a series of plazas, inside and outside the old buildings, with fountains and courtyard areas; and, that he thinks it is ' the finest project he has been involved in, and hopes the City will stay with the plan. Barbara Moore, 922 LaVerne Way, questioned i17 the Cogeneration Plant is working and paying for itself, and if so, should there still be a tax on the utilities; that the Cogeneration Plant was to furnish electricity for the City; and, that ninety-four per cent of the people in Palm Springs dislike what the Council is doing with the Welwood Murray Library project, and urged the Council to change its position. There being no further appearances, the hearing was closed. City Attorney stated that the government code requires that the Council receive comments of protests at a public hearing, and that any written protests filled with the City Clerk shall be made a part of the record ; that three such letters have been received by Council ; that the July 15, 1987 public comments shall also be made a part of the record ; that the closing of the sale is contingent: upon there being no court order, or other legal impediment to the conveyance or sale; and that overruling protests requires a four-fifths vote by the City Council . Councilmember Foster stated that the Library Board has spent considerable time discussing the preservation of the Welwood Murray Library; that library usage is declining, it has no parking, and it is not convenient; that people use the Library as a reading room, or a place to rest, but not as a library; that the Library Board has indicated Council Minutes 9-8-87, Page 9 1. DISPOSITION OF WELWOOD MURRAY LIBRARY PROPERTY (Continued) the City cannot afford to retain the Welwood Murray Library, and, if sold, the funds should go to the Library Center; that if the City sold the Library and doubled the funds with State funds, there would be $1.2 Million, which the Library Board could spend on the Library Center. He stated that if the City cannot afford to maintain the Welwood Murray Library, under the terms of the deed, it would revert back to the heirs; that the Council is trying to do what is best for the community; and, with the permission of the heirs, the Welwood Murray name would transfer to the Library Center; that the change in appearance of the Welwood Murray Library is an issue which has not been addressed by Council , and that only the sale of the Welwood Murray Library is being discussed; that the Library is designated a Class 7 site and neither the Council nor the Planning Commission, nor the Historic Site Preservation Board has favored changing the appearance of the Library, but it is an issue which has to be resolved; that ownership of the building does not affect the historical classification since it goes with the building; that the Council represents the views of the citizens, but cannot do it blindly nor against its better judgment because the audience favors it at the hearing; that many people have called him, including Library Board members, friends of the Library, and people who work at the Library, and have said that the Library has outlived its usefulness; that the money ' should be used for the Library Center; that this is an emotional issue but money cannot be spent on something which is not useful ; that a portion of the site could be preserved as a reading room, or information center, which would have some semblance of the use of a library, but the whole building does not need to be used For it. He stated that Francis Crocker, in his opinion, is a conservative man and would be one of the first to advise the people that the Library is not being used, that money is being wasted, and to suggest that those funds be used for the Library Center. He stated that the Cogeneration Plant works and pays for itself, but was not intended to provide power for the entire City, only for certain City facilities and the County building; that it is illegal for the City to sell the power to anyone else; and that both of the Cogeneration plants are operating, and saving the City money. Councilmember Birer stated that the degree of circulation makes a library, and the City can be extremely proud of the circulation at the Library Center which should remain the premier library in the Valley; that the circulation at the Welwood Murray Library is 10% of what it once was, attendance and usage are down approximately 50%, and it is not being used as it should be used; that the Library ' Center has been expanded and everything done to make it a great library; that the Welwood Murray Library location was right thirty or forty years ago when people walked, but today there is a major parking problem at the Library which cannot be solved ecomically or architecturally; that five acres have been set aside downtown for the Cultural Center, to be supported by the people, many of whom come to Palm Springs from Palm Desert, Cathedral City and Rancho Mirage to use the Library Center; that in analyzing the Council Minutes 9-8-87, Page 10 1. DISPOSITION OF WELWOOD MURRAY LIBRARY PROPERTY (Continued) will of the people, logic, and not emotion, dictates what should be closed or eliminated and what is not profitable or beneficial , either financially or culturally, and that the City should support and do everything possible to make the Library Center workable, and excellent. Councilmember Apfelbaum agreed with Mr. Foster and Mr. Birer and that any city which cannot evaluate itself, faces a very bleak future; that the heirs are agreeable to retain the library building in some manner and to acknowledge and honor the gift; that the City is not destroying the building nor the historical site, but enhancing it; that the City would be very proud of the new development in five years and would not remember the controversy; that the Council is not trying to circumvent anything, but to keep the City and library services vital . She stated that most people in the City do not want to spend tax money for inferior library services, or for sentimentality; and that the City is preserving and enhancing a very precious historic building. Councilmember Smith stated that the Council might like to allow all development to go down valley, and reduce congestion, but as elected, responsible officials, it cannot take that position ;, that the budget for the Police Department is $9 Million and exceeds funds collected in property taxes; ' that in order to fund the other community services:, i .e. the parks, trails and library, funds must come from revenues such as room tax and sales tax, which are collected from the business community, which is why the City must concern itself with the deterioration of the downtown area, and the economics of satisfying the developer; and that as an elected official , he is deeply concerned about the welfare of the community, and that logic dictates the library must not remain as it is. Mayor stated that many buildings in the downtown area were built in 1927 ; that six years ago the Council promised to redevelop the downtown; that the Desert Fashion Plaza block has been redeveloped and is a beautiful plaza, and a credit to the City; that the buildings on Palm Canyon, from Amado to Alejo, which were built fifty years ago, as well as some in the Southern part of town, need to be redeveloped. He stated that the Wessman project is a beautiful building and would redevelop the McCallum building block; that Welwood Murray was a leading pioneer in Palm Springs, who started the first cemetery, the first library, the first school , who was the first horticulturist in the City; that Murray Canyon and Murray Mouintain were named after him; and that an interpretive center would perpetuate his contribution to the history of the City more than a ' building named after him. Director of Redevelopment reviewed the Resolution, entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING THE PUBLIC INTEREST AND CONVENIENCE REiQUIRES THE SALE OF THE REAL PROPERTY ON WHICH IS SITUATED THE WELWOOD MURRAY LIBRARY, OVERRULING PROTESTS, APPROVING SALE OF SAID REAL PROPERTY, AND AUTHORIZING AND DIRECTING THE EXECUTION OF DEED. Council Minutes 9-8-87, Page 11 1. DISPOSITION OF WELWOOD MURRAY LIBRARY PROPERTY (Continued) Director of Redevelopment stated that the Planning Commission approved the project in concept; that the resolution will be modified concerning John Wessman's business name; and, that the only issues under consideration are those listed in the resolution. Revised Resolution No. 16293, revised as noted by Redevelopment Director, was presented; after which, it was moved by Smith, seconded by Apfelbaum, and unanimously carried, that Resolution No. 16293 be adopted. LEGISLATIVE ACTION 2. CAMERON CENTER Recommendation: That the City Council award the contract for removal of the building at the Cameron Center, 920-940 South Palm Canyon Drive, to the low bidder, CMI/Southwest Framing, in the amount of $65,000. Director of Economic Development reviewed the staff report and stated that the buildings to be removed are the former Mayfair Market and Woolworth stores; that the buildings have become dilapidated and dangerous over a period of time, and were posted as such; that the owner has not responded to notices to either bring the buildings into ' conformance with Building Codes, or to demolish them. City Attorney stated that a lien could be placed against the property, or become an obligation of the property owner; ( 57 ) that the Bank of America has consented to the demolition of the buildings, subject to the condition that it be held harmless from any cost; and that if the lien is against the property, it would be inferior to the bank lien; and, therefore, he recommended the lien become a personal obligation of the owner. Director of Redevelopment stated that the lien is not against the property but against the owners of the property, Steve Crowe and Marty Wyle, the general partners, Palm Canyon Plaza Limited; that in the event that Mr. Crowe does not voluntarily pay for the demolition, both partners would be sued personally for collection of demolition costs. He stated that condemnation proceedings have been followed, and it was Council 's understanding that the lien would not be against the property, because it would violate discussions staff had with the Bank of America. Upon questioning by Council Director of Redevelopment stated that Mr. Crowe would not declare bankruptcy in order to protect $65,000 in demolition costs, and that Mr. Crowe has substantial assets ; that the Redevelopment Agency could ultimately pay for the demolition, which is a very appropriate expenditure, but the Council cannot lien the property since Bank of America agreed to allow the demolition without a legal argument. City Attorney stated that the Government Code does not allow the City to place a lien against both the property and the individual owners; and that the action is for awarding the bid for the demolition, and the assessment of demolition costs would return to Council in the future. Council Minutes 9-8-87, Page 12 2. CAMERON CENTER (Continued) Minute Order 4017 awarding the contract to CMI , as recommended, was presented; after which, it was moved by Birer, seconded by Apfelbaum, and unanimously carried, that Minute Order 4017 be adopted. 3. CENTER BELARDO CONSTRUCTION SIGN Recommendation: That the City Council approve the construction sign at the Center Belardo project. Director of Redevelopment stated that information was not presented to staff by the developer, and recommended this matter be continued. So ordered. 4. PALM SPRINGS AUTO PARK Recommendation: That the City Council approve a construction sign at the Palm Springs Auto Park project. Director of Redevelopment stated that there is a provision in the Zoning Ordinance which allows a temporary sign on a property before a building permit is issued, if it is in the public interest, subject to Council approval . He ' stated that there is an agreement between the developer and the City which clearly establishes the time to commence construction, and that if construction is not started within that time limit, the sign would be removed; that staff would prepare agreements with the developers for temporary signs until a building permit is obtained; that it is important to be aware of which dealerships will be at a project; and that when the City has an agreement with Peter Epsteen, that dealership would be included on a separate sign. Councilmember Birer stated that the City faces the same problem as private developers, and a change is needed to permit early announcements of future developments, and recommended that staff study the Sign Ordinance in that regard. City Manager stated that staff has discussed the Sign Ordinance relating to construction sites; that a participation agreement with a developer Provides economic paybacks to the City if the project does not start, and if that degree of certainty could be resolved, the staff would be willing to recommend equal treatment to all developers ; however, it is difficult to differentiate between an individual who truly would begin a project:, and one who presents the idea for speculation. There was further discussion by Council whether a signed lease, or completed drawings, or a substantial amount of money put into a project, would be an indication that a project would actually be started. It was the consensus of Council to approve the concept of allowing a sign that indicates the project is in a City redevelopment area and also indicates the type of use on that property. Council Minutes 9-8-87, Page 13 4. PALM SPRINGS AUTO PARK (Continued) Councilmember Foster stated that before additional time I is spent by staff on the matter, the parameters under which the City would consider approval of that type of sign should be discussed further. Councilmember Apfelbaum agreed with Councilmember Foster' s statement, but that, in this particular case, the sign is 'in the public interest. Minute Order 4018 approving the construction sign for the Palm Springs Auto Park, as recommended, was presented; after which, it was moved by Birer, seconded by Apfelbaum, and unanimously carried, that Minute Order 4018 be adopted. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. / L/JUDITH SUMICH City Clerk By: PATRICIA JONES Assistant City Clerk I