HomeMy WebLinkAbout8/3/1988 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
AUGUST 3, 1988
A Regular Meeting of the City Council was called to order by Mayor
Bono in the Council Chamber, 3200 Tahquitz-McCallum Way, on
Wednesday, August 3, 1988, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Broich, Foster, Neel and
Mayor Bono
Absent: Councilmember Apfelbaum
The meeting was opened with the salute to the Flag and a moment
of silence.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with Council
policy on July 29, 1988; one item concerning the former dump
site was added by unanimous consent at the study session.
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned
for the purpose of convening as the Community Redevelopment Agency;
after which, the Council reconvened.
PUBLIC HEARINGS:
1. ZONING TEXT AMENDMENTS
Recommendation: That the Council approve clean Up amend-
ments to the Zoning Ordinance, subsequent to the compre-
hensive revisions in early 1988.
Planning Director reviewed the amendments which relate
to R-1 (model home/sales office, and height exception) ;
CSC (nightclubs under CUP) ; Signs (delete political signs (103)
restriction, and allow grand opening signs) ; and five
other sections which referred to an adult entertainment
section in the Municipal Code, but it was never adopted.
Mayor declared the hearing open; there were no appearances,
and the hearing was closed.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING ORDINANCE IN REGARD TO MODEL. HOMES
AND HEIGHT REGULATIONS IN SINGLE-FAMILY RESIDENTIAL
ZONES, NIGHTCLUBS IN COMMUNITY SHOPPING CENTERS, POLITICAL
AND GRAND OPENING SIGNS, AND DELETING PARTICULAR
REFERENCES TO THE MUNICIPAL CODE.
It was moved by Neel , seconded by Foster, and unanimously
carried, that further reading be waived, and that the
Ordinance be introduced for first reading.
2. PUBLIC NUISANCE ABATEMENT - HELMAN
Consideration of appeal by Carey Helman from posting of
public nuisance the disposal of waste on property at Calle (57)
Roca and Calle Palo Fierro.
Council Minutes
8-3-88 Page 2
2. PNA HELMAN (Continued)
Building & Safety Director reviewed Memorandum of the
Director of Community Development, and stated that in
the absence of any witness or testimony regarding the
dumping of refuse onto private property, by third parties,
it is the responsibility of a property owner to abate
or remedy the public nuisance; that if the Council desired
to abate the nuisance at City expense, the cost is estimated
at $300•-$500
Mayor inquired if anyone wished to be heard.
Frank Coffee, 2127 Brentwood, stated his opinion that
the City should not clean up private property.
There were no appearances; and the hearing was closed.
In answer to question by Council , Director of Community
Development reported that if the owner does not abate
the nuisance, the City will have the property cleaned,
and bill the owner for the costs; and that if the costs
are not paid by the owner, the Council may impose a lien
on the tax roll .
It was moved by motion granting appeal , or motion denying
appeal and ordering nuisance abated.
PUBLIC COMMENTS, reports or requests
a) Dr. Friedman stated that he submitted a "petition"
which was lost between City offices, and contended
that it takes so long for a matter to be discussed,
that an individual tires of his efforts, and abandons
those efforts. He criticized the mayor, and stated
that people voted for a change, and they are not
receiving it; and suggested allowing the golden arches.
b) Deyna Hodges, 2122 E. Baristo, stated that the Council
provided direction in Closed Session to the City
Attorney concerning judgement regarding the Welwood
Murray Library; that the mayor was absent; that the
decision should have been in a public meeting, and
preferably in a public hearing so people could provide
input; and that the Council should not spend money
on this and hide behind the mask of closed session.
She asked the matter be set for public hearing.
c) George Goldberg, Box 4156, Palm Springs, criticized
the new Building & Safety Director; predicted that
the utility user tax will fail ; favored the new welcome
to Palm Springs sign on East Highway 111; criticized
that more money is spent on out-of-town contractors
and vendors, than local businesses; and criticized
the quality of the John Wessman projects, in terms
of construction.
d) Frank Coffee stated that he does not think the
cogeneration plants do what the City said they would
do; that the City spent $2 million concerning the
auto park, and expressed concern as to how that will
be corrected; and questioned if John Wessman is "giving
anything in cash to abandon the (McCallum Building
project. "
Council Minutes Z
8-3-88 Page 3
d) Continued
City Manager stated that the answer to the latter
question was no; Epstein sold his interests in the
auto park, and the contract is valid with the new
owner, and the City is fully protected; that the
cogeneration projections were based on oil prices
increasing, but in fact they decreased, however, over
the 20-25 year investment, the City will recover
multi-million dollar savings, and he would be happy
to discuss it further with Mr. Coffee.
e) Florence Coffee, 2127 Brentwood, questioned, if the
Council pays for any part of the Convention Center,
auto center, and possible raceway; and stated that
-in her personal finance, if she does not have the
money to buy something, she does without it.
f) Ed Petty, Vista Drive, stated that he believed Mr.
Wessman has done a good job, but that more retail
shops are not needed, and he cited a number vacant
locations.
g) Jeremy Crocker, 330 W. Arenas, stated that there needs
to be more deliberation as to where the money went
concerning funding of the auto center; that he
understood the new owner was going to court; and
questioned if the contract is enforceable, and if
there is any relationship to the fact that the City
will undertake a hazardous waste study on the site.
City Manager stated that the study has no relationship
to the auto center.
h) John Wessman, 72200 Clancy Lane, Rancho Mirage, stated
that he resided in Palm Springs for 20 years, and
served on various boards and commissions; that he
pays considerable taxes in Palm Springs; that concerning
the library, the committee spent $35,000 or more,
and as a result the City cannot even paint it; that
the Council has the right of appeal ; that the Council
is forward thinking and pragmatic, and is looking
at what Palm Springs has and trying to make it work;
that campaign rhetoric referred to business going
clown valley, and if the Council does not do things
to turn that around and bring hotels and activities
to Palm Springs, the town will decline; and that his
project on Sunrise does not compete with downtown.
Note: See Item 3 for people who spoke at this time
concerning the utility user tax.
LEGISLATIVE ACTION:
3. SPECIAL CONSOLIDATED ELECTION - UTILITY USER & BUSINESS LICENSE
TAXES
Recommendation: That the Council call a special election
to be consolidated with the November General Election
for the purpose of submitting for voter approval the (83)
continuance of the utility user tax, and the increased
business license tax rates.
ry Council Minutes
8-3-88 Page 4
3. SPECIAL ELECTION (Continued)
During the Public Comments portion of the agenda, the
following persons spoke on this subject:
Marshall Gilbert, 3492 Loma Vista, stated that he likes
the way in which the Council is directing the town; that
he wants to keep police and fire protection as it is;
that he likes the events which are being planned; that
nothing is for free; that he owns his home in Palm Springs,
and has a business here; and that he believes voters will
support the tax, once they are properly informed.
Dick O' Linn, 4067 E N. Winners Circle, stated that after
a careful evaluation of the city's budget, the only solution
is the continuance of the utility user tax; that he favors
a continuance, but at a reduced rate, and a sunset clause
of 3-4 years; that he favors cost cutting procedures,
and establishing new revenue sources; that lie favors placing
the issue on the ballot, being straight forward about
goals and aims at reducing spending, seeking new revenues,
and assisting local business, considering simple procedure
for exempting low income persons, seniors, and persons
on fixed incomes.
Brooke Munson, 2089 Brentwood Drive, stated that she finds
it hard to meet her bills for maintaining two homes, and
she is opposed to the utility tax; that tlhe amount should
be cut one-half, and spending reduced; and that the City
should maintain what it has, and not add new things.
Dick Shroeder, 2114 Calle Felicio, opposed the tax, and
stated he was insulted by a letter recently sent on behalf
of the Council about the tax; that he considered it inferred
that police and fire services will be cut; that the Council
is not doing the job it was elected to do; that small
hotels will be hurt, because they will not be able to
pass on the costs; and employees should be required to
live in Palm Springs; and perhaps there are jobs which
should be eliminated.
Phyllis Silver, 1405 N. Sunrise, stated) that the City
should find a way to work with the utility companies to
eliminate the demand charge.
Bob Voigt, 505 S. Farrell , spoke in favor of continuing
the tax, and placing it on the ballot; that many cities
throughout the State impose the tax, and it is an easy
way to pay for the services rendered; and that lie believes
voters will approve it once they understand it.
George Morondell (sp?) , 1200 Manzanita, stated that he
owns a small business, and he believes there are other
ways to raise the money from the public, than from a utility
tax; and that there are people who do not pay the business
license tax.
Ed Petty, Vista Drive, stated that it was not a popular
tax when it was added, and it was not proposed to be
on-going, but the proposal is For a few more years; that
if it is not passed, fire and police will be reduced and
he resents the threat that those services will be cut;
and that he prefers cutting department hearts.
Council Minutes
8-3-88 Page 5
3. SPECIAL ELECTION (Continued)
Jack Smuthers, 1260 Ave. Caballeros, stated he does not
approve of the utility tax, and the manner in which
it was adopted, but given the financial condition of the
City, he will vote for it, and urged others to approve
it.
Joe Nacinovich, 200 S. Civic, stated that he would like
to hear about a windfall to the City in terms of reduced
State mandated costs for employees, which is a positive
for the City; that people should understand why the City
owns property; that the City has a problem with abandoned
vehicles, and the personnel to deal with it; that he
believes the public will look favorably at the tax, and
be willing to pay more, but it expects more accountability
to show where the money is going, and what programs are
being cut.
Ralph Hitchcock, SCE, 1700 Tahquitz-McCallum, stated that
a few administrative items need to be clarified, although
not a part of the ballot question, and was hopeful , that
if the tax is passed, those can be cleaned up.
Drury Abbott, San Lorenzo, stated he does not want highrise,
and he is not opposed to the utility tax if it is essential .
Director of Finance reviewed his report, describing the
causes for, and the establishment of, the utility user
tax, and the increased business license tax rates; that
expenditures to be cut were examined across the board,
as well as revenue increases; that a blue ribbon committee
was appointed to study the budget, and it spent eight
months looking at alternative revenue sources and how
expenditures might be cut; that a 37-page report was
produced, addressing those aspects, but the key was that
the City could not continue to operate at its current
level without the utility user tax, even though each member
felt at the outset that there was some other way; that
Prop. 62 in 1986 requires voter approval to continue the
tax beyond mid-November, 1988; that the continued tax
would provide an estimated $2.3 million per year ; that
an exemption is provided for low income persons; that
the financial problems are not a matter of overspending,
and noted that the City is $4 million under its
appropriation limit (established under 1984 voter approved
legislation).
Mayor stated that the Council has listened, and it is
important for everyone to realize that the Council has
only been in office for four months, and all of the problems
which have developed for many years cannot be turned around
overnight; that the Council does not want to burden the
public with the tax, and he vowed to eliminate it sooner,
if it proves unnecessary; that the need for the tax is
an indication of the city's problems, which did not just
occur, but have happened over the past several years,
and it is impossible to waive a wand to solve then; that
the Council is asking for an opportunity to present the
whole picture, and for the community to vote on the tax;
that the whole picture is that the City survives on tourism
and the room tax, which have declined in the last few
years, and without them and a change in the city, they
will continue to decline, and as the City gets more into
debt, the burden will become larger; that he and the Council
1 Council Minutes
8-3-88 Page 6
3. SPECIAL ELECTION (Continued)
consider it their obligation to get out of the hole, but
it cannot be done in four months. and he hoped it could
be accomplished in two years; that there have been changes,
and perhaps people are not looking hard enough, or paying
attention; that there are big changes in attitudes and
ways to pump revenue into the city, e.g. , the race event
could bring in $500,000 in new revenue if it: is successful ,
and everyone works toward that success; that the DARE
program was saved for this year; that the Council is looking
toward working with corporate sponsors; that chopping
heads is not the solution, but rather an affluent City
with cash flow is needed; that the City had an identity,
and it can provide a destination point for tourist; that
the down valley CVB was deadlocked, and the Council has
said for it to either get serious, or get out; that he
will work day and night to bring in revenues and events,
and try to find ways for people to survive in affluence;
that the utility user tax is a temporary solution, and
not the solution, and is needed for awhile until other
things get rolling; that as a businessman, progress is
taken step-by-step; that government runs slower, but he
believes the Council has moved at an acceptable pace for
the past four months.
Councilmember Broich stated that the letter that was mailed
let people know what the Council was doing, and he was
not ashamed of it; that he was happy a number of people
came to the meeting; that the City is faced with declining
revenue, and the Council is working on it; that he is
at City Hall everyday; that he does not like the tax,
but it is needed; that the issue will be for the people
to decide; that if it is not approved, the Council will
have to scramble; and that the tax will cease, unless
people vote again to continue it.
Resolution 16532 calling the election; Resolution 16533
authorizing the full Council to file ballot arguments
in favor of the measures; and MO 4222 regarding synopsis
of measure, were presented; after which, it was moved
by Foster, seconded by Neel , and unanimously carried,
Apfelbaum absent, that Resolutions 16532 and 16533 and
MO 4222 be adopted.
4. P.D. 183 - WESSMAN
On July 20, 1988, Council continued consideration of recom-
mendation to approve a planned development district, in-lieu
of a change of zone, to construct a mixed-use retail center
on the SW corner of Ramon Road and Sunrise Way.
Director of Community Development reported that the hearing
was held, and action continued at applicant' s request, (116)
and Council suggestion that several conditions be worked
out; that the result of that effort was reviewed in detail
at the study session, and Mr. Wessman agreed with the
staff, except he is still opposed to the fire requirement
of a security guard in addition to the fencing.
City Attorney stated that the provisions of the Fire Code
give authority to the Fire Chief to make certain
requirements; that the Council retains that authority,
and either it or the Chief can exercise those, without
changing the ordinance.
Council Minutes
8-3-88 Page 7
4. P.D. 183 (Continued)
City Clerk read title of Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING A PRELIMINARY PLANNED
DEVELOPMENT DISTRICT IN-LIEU OF A CHANGE OF ZONE FOR
A NEIGHBORHOOD CONVENIENCE CENTER ON THE SOUTHWEST CORNER
OF RAMON ROAD AND SUNRISE WAY, SECTION 23.
Resolution 16534 approving POD, as recommended, was
presented; after which, it was moved by Broich, seconded
by Foster, and unanimously carried, that further reading
of the Ordinance be waived; that the Ordinance be introduced
for first reading; and that Resolution 16534 be adopted,
subject to revising fire code requirement to not require
a security guard.
5. BANNER POLICY
Recommendation: That the Council adopt a new banner policy,
and rescind Resolution 10485.
Director of Aviation & Energy, as the Grand Prix Event
Coordinator, reported that this matter was reviewed in
detail at the last study session; that the proposed
resolution was revised to add Andreas Road, between downtown
and the Convention Center; and that the policy would apply
to the 5-6 major festivals/events sanctioned by the City, (114)
in terms of promotional efforts ; and that the policy,
addition to other matters, would allow up-to-three banners
across Palm Canyon Drive, castle banners and Flags on
certain streets, and airborne displays during the event.
Res 16535 establishing banner policy, and rescinding
Resolution 10485, as recommended, was presented; after
which, it was moved by Broich, seconded by Foster, and
unanimously carried, that Resolution 16535 be adopted.
6. P.D. 191 .. RESORT HOTEL COMPLEX - S. CROWE
Recommendation: That the Council approve portion of final
plans for P.D. 191, for a 345 room hotel , including
restaurant, lounge, meeting rooms, health club, and tennis
facilities, for property on the NE corner of South Palm
Canyon and Mesquite Avenue.
(116)
Planning Director reviewed Memorandum of Director of
Community Development, and reported that the overall impact
of the project has been reduced, and recommended that
the ordinance not be adopted until the question of ownership
is cleared up.
In answer to question by Council , City Attorney stated
that different responses have been given, but he understood
that there are sufficient problems with the escrow to
warrant a delay on the ordinance.
Redevelopment Director stated that conditions of the escrow
were modified by the buyer, some which were not acceptable
to the seller; that notice was received on August 1 that
the escrow was being cancelled; and that notice was received
on August 2 that the escrow had been signed by the buyer;
and that there was some exchange of communication which
was missing.
Council Minutes
8-3-88 Page 8
6. P.D. 191 (Continued)
Res 16536 approving final plans, as recommended, was
presented; after which, it was moved by Foster, seconded
by Broich, and unanimously carried, Apfelbaum absent,
that Resolution 16536be adopted.
7. PRESERVATION OF SANTA ROSA MOUNTAINS
Recommendation: That the Council approve a resolution
in support of protection and preservation of the Santa
Rosa Mountains.
Director of Community Development reported that a letter
was received asking the Council to express its position
regarding preservation of the mountain hillsides; that
the proposed resolution expresses support for the protection
and preservation of the Santa Rosa Mountains and encourage
all Coachella Valley communities to support such efforts;
and that such an expression should not be taken to mean (123)
no development, rather that any development would be
sympathetic to, and considerate of the general plan for
Palm Hills, which is a reasonable approach to protecting
the hillside, and consistent with the City's plan for
development of Palm Hills.
Resolution 16537, as recommended, was presented; after
which, it was moved by Foster, seconded by Neel , and
unanimously carried, Apfelbaum absent, that Resolution
16537 be adopted, with the understanding as noted by the
Director.
8. STREET RACING EVENTS
Recommendation: That the Council limit on-street auto
racing to a single event, in particular, the Vintage Grand
Prix.
Mayor stated that there is a question whether he has a (114)
conflict of interest, because the promoter was a source
of income to him for entertainment provided on December
31, 1987, and would abstain from discussion and voting.
City Attorney stated that he does not think it is a
conflict, however, he has asked for comment by the FPPC,
and if it is in agreement, there may be no future conflict
and the Mayor may participate after that time.
Director of Aviation & Energy highlighted his report as
the Grand Prix Event Coordinator, which was reviewed in
detail at the last study session.
Resolution 16538 , establishing limitation , as recommended,
was presented; after which, it was moved by Broich, seconded
by Foster, and unanimously carried, Apfelbaum absent,
that Resolution 16538be adopted.
9. AIRPORT DRAFTING SERVICES
On July 20, 1988, the Council continued recommendation
to retain Anthony Araiza & Associates for drafting services, (51)
at $22 per hour, for a total not to exceed $8,500.
Council Minutes
8-3-88 Page 9
9. AIRPORT DRAFTING SERVICES (Continued)
Director of Aviation & Energy highlighted his report,
which was reviewed in detail at the last study session;
and stated that proposals will be solicited in the next
few months from airport architects; that the Airport
Commission felt that it was important to look at other
terminals which have recently been completed, and solicit
proposals for review and recommendation to the Council ;
and that Mr. AraizA'swork will be limited to those items
in the contract, which was revised from the previous
meeting.
MO 4219 approving Agreement #2591, as recommended, was
presented; after which, it was moved by Neel , seconded
by Broich, and unanimously carried, Apfelbaum absent,
that MO 4219 be adopted.
10. MUNICIPAL CODE AMENDMENT - UNDERGROUNDING OF UTILITIES
Recommendation: That the Council amend the Municipal
Code to revise portion of regulations concerning under-
grounding of utilities.
Director of Community Development reported that this matter (103)
was reviewed in detail at the last study session; and
that the amendment clarifies existing policy, language,
and brings the provisions for undergrounding utilities
into compliance with the subdivision ordinance.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 8.04.401, 8.04.402 AND 8.04.404 OF
THE MUNICIPAL CODE PROVIDING FOR THE UNDERGROUNDING
OF UTILITIES.
It was moved by Foster, seconded by Neel , and unanimously
carried, Apfelbaum absent, that further reading be waived,
and the Ordinance introduced for first reading.
11, ADDITIONAL LEGISLATIVE ITEMS - None
CONSENT AGENDA:
12. Res ------ approving final development plans for 119-unit
multifamily apartment complex on the NE corner of McCarthy
and San Raphael , Laszlo Sandor. (ITEM WITHDRAWN AT REQUEST
OF DEVELOPER)
13. Res 16539 approving MOU with the County to commit $100,000
of 1988-89 CDBG funds for the construction of a Palm Springs
Senior Center, pursuant to commitment of Council during 1987-88 (85)
CDBG hearing process - Agr #2592.
14. Res 16540 approving regulatory agreement with the State and
Angel View Crippled Children's Foundation, regarding operation (85)
of the P.S. Group home at 3566 Eastgate Drive - Agr #2593;
and Agr #2594, releasing previous approved Regulatory Agreement
between the City and the State Department of Housing (Doswell
Group, Agr #2148).
Council Agenda
1 8-3-88 Page 10
15. Res 16541 , 16542, 16543, 16544, and 16545 approving Payroll (86)
Warrants (3) and Claims & Demands (2) .
16. Res 16546 amending the budget to appropriate funds associated
with promotional photography at $4,50n; and Minute Order 4220 (61)
authorizing expenditure. (50)
17. Res 16547 authorizing use of and access to criminal history
information for employment, licensing or certification purposes. (113)
It was moved by Neel , seconded by Broich, and unanimously
carried, Apfelbaum absent, that Resolutions 16539 through
16547 and Minute Order 4220 be adopted.
ADDED STARTERS (Eligibility for consideration determined by unanimous
approval at the study session)
18. FORMER LANDFILL SITE
Recommendation that the Council award bid for investigation
and reports for an inactive landfill site (former City
dump site) to Leighton & Associates, for $83,598; and
amend the budget to appropriate funds therefor.
(117)
Fire Administrative Assistant reviewed the report of the
Purchasing Manager, and stated that the consultant would
perform the work and prepare the final reports required (61)
of both the Regional Water Quality Control Board and the
State Water Resources Control Board; and that the deadline
was moved from June/July to August/September. He .stated
that requests for bids were sent to nine companies, and
only two responded; and that the second bid was $116,390;
and that the requirement is State mandated.
City Manager stated that an effort would be made to seek
reimbursement from the State under SB90; however, the
State usually exempts itself in its legislation.
MO 4221, awarding the bid; and Resolution 16548 amending
the budget, as recommended, were presented; after which,
it was moved by Broich, seconded by Foster, and unanimously
carried, Apfelbaum absent, that MO 4221 and Resolution
16548 be adopted.
18. COMMISSION APPOINTMENTS:
Mayor announced his appointments of the following persons;
after which, it was moved by Broich, seconded by Foster;
and unanimously carried, Apfelbaum absent, the said
appointments be approved:
(60)
COMMISSION NAME
(all expire 6-30-91)
Airport Marshall Gilbert
Henry Dally
Economic Development* Terry Weiner
Jeanne Reller
Richard Goldberg
Historic Site Preserv. Nick Mutasc:io
Gary Gray
Personnel Board Leo Baker
Council Minutes 1 .
8-3-88 Page 11
18. COMMISSION APPOINTMENTS (Continued)
Library Betty Beadling
Beth Olivier
Parks & Recreation Bob Voigt
Edward Killam, Jr.
Planning Martha Edgmon
Chris Mills
Mike Dotson
*EDC terms to be set August 9, 1988
REPORTS & REQUESTS
19. DEPARTMENTAL reports - Received & Ordered Filed
a) Treasurer's Monthly - April & May, 1988 (121)
CITY COUNCIL reports or requests - None
PUBLIC reports or requests
a) Elliot Von Kobie, 93 Rhonda, read a letter to the
editor about insensitivity to rent control , and stated
that he and other tenants met with the Mayor to express
their concerns, and they felt that he was concerned
about rent control ; and that in ' terms of conflicts
of interests, he believes that the City's public
officials can withstand duplicity.
b) Dr. Friedman suggested assessing a 1% tax on nonresident
employees, stressing police and fire services.
STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to Tuesday, August 9, 1988, at 2 p.m. , in the
Large Conference Room, City Hall .
JUDITH SUMICH
City Clerk