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HomeMy WebLinkAbout11/2/1988 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES Li NOVEMBER 2, 1988 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Bono, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, November 2, 1988 at 7:30 p.m. ROLL CALL: Present: Councilmembers Apfelbaum, Broich, Foster, Neel and Mayor Bono Absent: None The meeting was opened with the salute to the Flag, and a moment of silence. REPORT OF POSTING OF AGENDA: Report of City Clerk: The agenda was posted in accordance with Council policy on October 28, 1988. PRESENTATION: Mayor presented the EPA Award for Excellence for the Wastewater Treatment Plant to the Water Quality Control Superintendent, complimenting him on receiving the second place national award. Mr. Fisichelli paid tribute to the employees of the Plant, and recognized those in attendance. COMMUNITY REDEVELOPMENT AGENCY: Council remained in session, and convened as the Redevelopment Agency to conduct joint public hearing. Refer to CRA Minutes this date for specifics. Resolution 16607, approving Agr # 191 as City party to the Participation Agreement for the Plaza de ]as Flores Project. APPROVAL OF MINUTES: It was moved by Apfelbaum, seconded by Neel , and unanimously carried, that the Minutes of October 11 and 19, 1988 be approved. PUBLIC HEARINGS: 1. ZONING TEXT AMENDMENT - PUBLIC ART Recommendation: That the Council amend the Zoning Ordinance concerning the rate of payment of a public art fee, and the manner of providing public art. Director of Community Development reviewed his report, and stated that this matter was reviewed at the study session, and there were differing opinions as to what (103) should be exempted; that a letter has been received from the Tribal Council recommending that the fee not be imposed on Indian-owned land, however, based on its agreement with the City Council , he believes that it would apply to all lands, and the method for an appeal from its imposi- tion would be the same as for any other appeal under the terms of the agreement; that he looked at how such an ordinance is administered in Palm Desert (the only city in the Valley which currently has a public arts fee) and in Beverly Hills, and found that in Palm Desert the rate is .25% of value for residential units in excess of $100,000, and is . 5% on all commercial , both with a cap of $50,000, and in Beverly Hills the rate is . 5% for any development under $1 million valuation, and 1% for any development in excess of $1 million, with caps of $50,000. Council Minutes 11-2-88 Page 2. 1. ZONING TEXT AMENDMENT (Continued) Mayor declared the hearing opened. Katherine Hough, 2330 Smokewood„ Palm Springs Desert Museum, spoke in favor of the art in public places program, and its benefits to the entire community. Janice Lyle, 215 Lynn Circle, stated that she has a Ph.D in Art History and holds a professional museum position in the community, and spoke in support of the amendment, to encourage an art program in the community, increase community pride, and use public spaces, and to revitalize areas that have been out of use. Jeremy Crocker, 330 W. Arenas Road, stated that he thinks art is fine, but art selected by several people is something else; that a developer will be looking at all fees, and a 1% of the gross is equivalent of 12'% of his package; and that payment of fee, regardless of how it is applied, falls on the ultimate consumer. There were no further appearances, and the hearing was closed. Councilmember Apfelbaum stated that the Desert Museum's exhibiting of the Armand Hammer collection resulted in 80,000 room nights for the City; that: the Los Angeles Task Force on the Arts' studies show a that there is a multiplier effect of thirteen times the number of original dollars spent on the arts, and she considered it shortsighted to look at the subject as only a developer fee; that the art program is for the betterment of the City, and to make something accessible to all people, and not just certain things for certain interest groups and certain income levels; that statistically it has been shown that a community is improved economically and environmentally when it has an arts program; that a level of the community above a certain income level should support it; and that it is an effort to prepare the character of the community for the future. Councilmember Broich stated that there is a lot of undeveloped Indian land, and he favored not applying the fee to residential units, nor to Indian land. In answer to question by Council , Director of Community Development stated that the Council may base the fee on square footage, or valuation of the building (which is established by UBC provisions) either of which is easily administered; that the recommendation is to exempt residen- tial , and affordable housing as defined, and the Council may impose the fee on all residential ., or exempt at a certain level , i .e. , under $100,000 or affordable housing. Councilmember Broich, stated that he did not think there was much that could be built for less than $100,000, and he was not in favor of imposing this, which he viewed as another tax. Councilmember Foster stated that he agreed with the Commis- sion 's recommendation, and if problems arise concerning residential units, the provisions can be amended. Council Minutes 11-2-88 Page 3 1. ZTA (Continued) 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 PUBLIC ART AND THE RATE OF PAYMENT AS A FEE FOR SUCH AND THE MANNER OF PROVIDING SUCH. It was moved by Foster, seconded by Neel , and unanimously carried, that further reading be waived; and it was moved by Foster, seconded by Neel , and carried by the following vote, that the Ordinance be introduced for first reading: AYES: Apfelbaum, Foster, Neel & Bono NO: Broich ABSENT: None 2. INTERIM ZONING ORDINANCE EXTENSION Recommendation: That the Council extend the interim zoning ordinance for the North Palm Canyon Project area for an additional 22 months and 15 days. Planning Director reported that this matter has been before ( ) the Council for some time, and recommended extending the interim zoning for a period up to 22 months and 15 days, which is permissible provided a public hearing is held. He stated that studies have been undertaken for the area, and it is expected that a recommendation will be forthcoming before that period of time. Mayor declared the hearing opened; there were no appear- ances, and the hearing was closed. It was moved by Broich, seconded by Foster, and unanimously carried, that Ordinance 1305 be extended, as recommended. 3. HIGHLIGHTS OF PROPOSED JPA TO CREATE A VALLEY-WIDE CVB Recommendation: That the Council consider the highlights of a joint powers authority to create a valley-wide conven- tion and visitors bureau. City Manager reported that the Mayor and Mayor pro tem have been a part of the group working on a proposed JPA (50) for the creation of a valley-wide CVB, and have summarized the highlights of points that should be included in a final draft of an agreement, and have asked the various city councils to review the recommendations and approve proceeding along those points. He stated that a number of compromises were reached, and he believes it is consist- ent with the policy direction action two weeks ago; that remaining parts of the structure are being worked on; and approval would facilitate developing the JPA. He stated that the percentage which would be applied to gross room taxes from hotels will range from . 5% to .6%, with a . 55% the first year; that concerns were expressed by some people that such limit is on the low side to produce the revenue to reach those who need to know about Palm Springs and the valley; that Palm Springs' concern was that there be a fair method of payment, and the formula arrived at applies the same percentage to whatever the gross hotel room sales are; and that he believes it is a fair method, and will distribute costs that will benefit everyone. Council Minutes 11-2-88 Page 4 3. CVB (Continued) In answer to question by Council , City Manager stated that a portion of the room tax funds that the City will retain will be used for promoting the Convention Center, since it will not be part of the Greater CVB; that the amount of precise funds to be available is not part of the discussion at this time, but it will be the sole discretion of the Council as to how those funds should be spent. Mayor inquired if anyone wished to comment on the proposed JPA highlights, and noted that opportunity had previously been given on the question of a merged CVB, which the Council approved proceeding with. Chuck Murawski , 1620 Indian Trail , pointed out airline and travel magazine articles naming other cities in the valley except Palm Springs, and suggested waiting to see what happens with the initiative petition. He presented a copy of the initiative to the mayor. Frank Tysen, 175 S. Cahuilla, stated that the difference between Palm Springs and the down valley areas must continu- ously be stressed; that Palm Springs is. a city of small hotels and shops, which is what appeals to the tourists; that down valley has large, mega-resorts, and the efforts of the CVB will be to go after conventions, which does nothing for Palm Springs; and that he did not consider it in the City' s best interest to spend money to attract those people to -the Coachella Valley. There were no further appearances. Councilmember Apfelbaum stated that primarily the various city managers discussed the percentage range, and if the agency' s hands are tied at the beginning, the agency will be underfunded; and that she supports the proposed highlights, with recommendation that the committee consider raising the cap on the percentage. Councilmember Broich asked that the Council consider waiting for awhile, and see what happens with the initiative. Councilmember Foster stated that he does not question that the petitioners will get the required number of signa- tures, but it would be many months before an election is held; and that it is incorrect to say that conventions do not help local hotels, and persons who say so should talk with the hoteliers. Mr. Tysen stated) that conventions do not help small hotels, which he feels are ignored; that tourists and visitors who stay several weeks are needed, not conventioneers who only come for 1-2 days; that 60% of the visitors are transients; and that Palm Springs must be considered a tourist city, and not a convention city. Councilmember Foster stated that the CVB has worked hard to bring overflow convention rooms into the small hotels, and he did not disagree that Palm Springs is a resort community, and that small hotels rely more on tourist than on conventions; that both sides must be considered; that conventioneers shop in Palm Springs; and that the proposal accomplishes what both groups want - to add funds for promoting only Palm Springs. Council Minutes �, 11-2-88 Page 5 s� .j 3. CVB (Continued) In answer to question by Council , City Manager stated that the biggest increase in the room tax revenue is attrib- uted to the investment in the Convention Center; that one concern relates to advertising the name "Palm Springs," which helps Palm Springs and others in the valley, and if only one source is paying all of the associated costs, the others get the benefit of the advertising for free; and that the proposal provides that everyone will pay a proportionate amount of those costs, and it will help everyone. Councilmember Neel noted that the John Deere conventions over the next year will mean 18,000 room nights. Mayor stated that there is no question on the part of the Council that the community is a tourist industry; that the proposal presents a structure which represents a difference of opinion from other groups, although both are geared to target the same goal , but one excludes down valley; that down valley communities receive benefit anyway, and it seems logical that they should be included to help pay for it; that the petitioners should pursue their belief, and if the end result is as they hope, then so be it, but it is not a race to the finish line to see which struc- ture is in place first; that the best way for the Council to express leadership is to proceed with its direction; that the Council asked for parity, and has reduced the amount of room tax that was going down valley, and directing funds to take care of specific local needs; that the events and directions of the Council are to serve the entire community, and not just a segment such as hotels; and that the Council ' s intent is to bring revenue into the community, promote Palm Springs, and not to create a war and alienate others. It was moved by Apfelbaum, seconded by Neel , and carried by the following vote, that the highlights of the JPA, as detailed in the City Manager' s memorandum, be approved, with the comment that further consideration be given to the percentage maximum in Item 8. PUBLIC COMMENTS: a) Chuck Murawski , 1620 N. Indian Trail , stated that the term small hotels applies to all hotels on Palm Canyon, and not just the five corporate hotels; that he recognizes there is a difference of opinion, and when the initiative passes, there will not be a question (50) of choice, and the Council will have to abide by the vote; and that there is a clause in the initiative that allows for a down-valley association, but the difference is in who would control it. He stated that down valley hoteliers are also unhappy, and he believes they will apply pressure on their respective city councils; and that a CVB should not be in the hands of politicians, but in the hands of the hotel industry. He spoke a second time, and suggested adding to Mr. Stuart' s idea of a billboard, "Why not stay in wind free Palm Springs?" Council Minutes 11-2-88 Page 6 b) Dr. Friedman spoke concerning an applicant for a build- ing permit and difficulties that the person experienced, and suggested that a non-partisan citizens committee be formed to listen to citizen complaints; and he reiterated his previous concerns and desire to have a crosswalk on Indian Avenue, regardless of engineering standards for crosswalks. c) George Goldberg reiterated his opinion of the RV ordi- nance, and embarked on a verbal attack on certain staff members. In answer to question by Council , City Clerk reviewed provisions of the Council 's Rules of Procedure concern- ing complaints against city employees; and Mr. Goldberg was asked to comply with the rule. He concluded his comments in the same vein as before. d) Bob Hyser, 2416 Los Coyotes, questioned why Waste Disposal Services has the right to collect trash from private properties, complained about the manner in which the collectors open the bins, and asked why the homeowners association cannot solicit bids and contract for their own services. e) Jim Stuart, 1037 Tamarisk, suggested that excess room tax funds that will no longer go the CVB be used for (60) two billboards on I-10 to announce events at the Conven- tion Center. f) Charles Luchetti , Expo Enterprises, stated that concern- inq Item 4. , the proposed amendment asks for approval of two amendments, both of which are null and void; that the first agreement with SENCA requires a 30-day notice for termination, and it is his understanding ( ) that such notice has not been given; that the Kanter agreement will supersede the agreement with SENCA; that he did not find any Kanter Financial Inc. , or Kanter Corporation on file with the Secretary of State, and asked that the Council not approve the recommendation. g) Bill Smith stated that many people who attend conven- tions stay longer than the event, often moving from the convention hotel to smaller hotels; that he actively solicits conventions for that purpose to promote his hotel business; and suggested that it is not necessary to place ads in Los Angeles, rather that airlines and hoteliers go after the Orange County business, ('.50) particularly, as side trips to Palm Springs from other events in that area, e.g. , Disneyland. h) Shirley Barker, 158 Fondulac, stated that Palm Springs will not get a lot of tourists if it does not do more advertising; and that she travels a lot, and does (50) not see many ads for Palm Springs. i ) Irving Walker, 2422 Los Coyotes, expressed concern about the quality of Warner Cable :service, and asked if other cable companies are permitted in Palm Springs. The response from the City Attorney was that any cable company may request a non-exclusive franchise. Council Minutes 11-2-88 Page 7 j j) Frank Tysen stated that it is correct that everyone is trying to get to the truth, and there is an honest difference of opinion (concerning the CVB); that there is a problem, and the question is how it will be solved; that he has had very good relationships with the CVB and it has worked very hard; that new hotels are added to the inventory, and one more budget hotel puts a "nail in the coffin of the small hotel ," and allowing (50) the supply to be increased, adds to the problem; that the community can only handle so many, and perhaps a temporary moratorium on building hotels would be in order; that only budget hotels have been built recently, and suggested determining an acceptable percentage of occupancy before new rooms would be added; that the situation is serious; and that he is excited about the Vintage Race, but there needs to be a mechanism to reach people who will be coming here for the events. LEGISLATIVE ACTION: 4. PALM SPRINGS CLASSIC Recommendation: That the Council suspend agreement with SENCA; approve an agreement between SENCA and Kanter Corpor- ation; and provide direction on land uses, concerning the Palm Springs Classic project, east of Gene Autry Trail . Director of Redevelopment reported that the project was desirable to try to work with several pieces of land east of the Airport, including eleven owners for differing size parcels, in order to put together a project to better ( ) utilize the land; that the idea of a mixed use came up, and SENCA was helpful in generating ideas of the Palm Springs Classic, the racetrack, golf course, corporate pads, and sports complex, and funds were provided to study the feasibility of those, in two phases; that in the course of developing those, a major property owner requested to be allowed to participate with a development firm familiar to them (Kanter - an Ohio corporation), and staff was pleased that there was developer who was interested in the project earlier than expected; that the Council was being asked to conclude the SENCA agreement with the expectation that it has completed most of its work, and approve the concept of the agreement between SENCA and Kanter, which will take the lead, and recognize that Kanter now has the ball to make the development work, and is taking over SENCA's obligation to repay advanced funds, and that if Kanter fails to perform, the obligation will revert to SENCA; that the Council approve the concept of land uses of a racetrack, major tournament golf course perhaps with housing or commercial facilities around it, and an amphitheater, as desirable uses in he area, but not a sports complex, which studies showed would require $8 million in subsidy from the City, while others would stand on their own. He stated that other parties have indicated they would like similar uses in the community, and the City Attorney has stated that the agreement would not prevent others from doing so. He stated that the intent is to provide an enhancement to the community, and not a competition with down town, and that there is considerable work to be done. In answer to question by Council , Redevelopment Director stated that the Kanter Corporation is an Ohio Corporation, and he was not aware that it could not do business in California,. Assistant City Attorney stated that non-California corporations are required to register with the Secretary of State, and that requirement will be checked out. Council Minutes 11-2-88 Page 8 4. P.S. CLASSIC (continued) Resolutions 16611 and 16612 approving actions as recommended, were presented, after which, it was moved by Broich, seconded by Apfelbaum, and unanimously carried, that R16611 and R' 16612be adopted. 5. STREET CLOSURES Recommendation: That the Council approve closure of certain streets from 6 a.m. until midnight generally between November 12 and 21, 1988, in connection with the Vintage Grand Prix. Director of Aviation & Energy as Event Coordinator reported (50) that this matter was discussed in detail at the last study session; and that he has met with race officials and busi- nesses inside of the course area, and will continue to do so, to keep businesses open during the event. Res 16613 approving temporary street closings, as recom- mended, was presented; after which, it was moved by Neel , seconded by Broich, and unanimously carried, that R. 16613 be adopted. 6. VINTAGE GRAND PRIX - ORDINANCE SUSPENSIONS Recommendation: That the Council suspend certain regulatory ordinances during the 1988 Vintage Grand Prix event from November 10 through 22, 1988, for all race venues. Director of Aviation & Energy as Event Coordinator highlighted (50) his report, which was reviewed in detail at the last study session. Res 16614 suspending regulations, as recommended, was presented; after which, it was moved by Broich, seconded by Foster, and unanimously carried, that R 16614be adopted. 7. AIRPORT LEASE - PEACOCK-RADAKER Recommendation: That the Council approve a 50-year lease with Peacock-Radaker Corporation for the center parcel of the Airport Park Plaza, commencing November 1, 1988, Agr #2636. (51) Director of Aviation & Energy highlighted his report, which was reviewed in detail at the last study session, and stated that there is a four-year deadline for completing the structure. MO 4274 approving agreement as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Neel , and unanimously carried, that MO 4274 be adopted. 8. CONVENTION CENTER RULES & REGULATIONS Recommendation: That the Council amend the rules and regulations for the Convention Center, regarding Ticket Sales Guidelines, in the case of concerts and similar events. City Manager stated that this item was reviewed at the (139) study session, and that it represents a minor change in reducing fees on ticket sales, based on initial experiences at the Convention Center. MO 4275 approving amendment as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Broich, and unanimously carried, that MO 4275 be adopted. Council Minutes 11-2-88 Page 9 .Q ,- Go9 9. MUNICIPAL CODE AMENDMENT - PUBLIC ARTS COMMISSION Recommendation: That the Council establish a Public Arts Commission. Director of Community Development reported that this matter (60) was reviewed at the last study session; that the ordinance would provide for a seven member commission, establish broad duties and functions, and establish a fund for the fees to be collected (refer to Zoning Text). City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING TITLE 2 OF THE PALM SPRINGS MUNICIPAL CODE BY ADDING CHAPTER 2.24 TO ESTABLISH A PUBLIC ARTS COMMISSION AND A PUBLIC ARTS FUND. It was moved by Apfelbaum, seconded by Neel , and unanimously carried, that further reading be waived, and that the Ordinance be introduced for first reading. 10. ORDINANCES FOR SECOND READING & ADOPTION (Intro. 10-19-88) City Clerk read title of Ord 1313 amending the Zoning Map to provide a change of zone for Professional Real (103) Estate Investors, Inc. , NE corner Caballeros and Amado; and title of Ord 1314 amending Municipal Code regarding curfew. (103) after which, it was moved by Afelbaum, seconded by Broich, and unanimously carried, that further reading be waived, and that Ordinances 1313 and 1314 be adopted. 11. VINTAGE RACE CONSTRUCTION PROGRAM Recommendation: That the Council approve the construction program for the 1988 Vintage Grand Prix. Director of Aviation & Energy as Event Coordinator high- lighted his report, noting that the schedule was distributed and reviewed at the last study session. (50) MO 4276 as recommended was presented; after which, it was moved by Neel , seconded by Foster, and unanimously carried, that MO 4276 be adopted. 12. COMPREHENSIVE FEE SCHEDULE - CHRISTMAS TREE LOT LAND USE PERMIT Recommendation: That the Council amend the Comprehensive Fee Schedule to revise the fee for a land use permit for a Christmas Tree Lot. Director of Community Development reviewed his report, (114) and stated that Christmas tree sales lots are allowed by a land use permit in commercial zones; historically have caused concerns and recurring need for code enforce- ment; and the land use permit fee has been $300. Fie stated that staff recommendation is to reduce the fee to $100; and that a second alternative resolution was provided which would exempt Christmas tree sales lots from the land use permit fee. Council Minutes 11-2-88 Page 10 12. FEE SCHEDULE (Continued) Councilmember Broich stated that the Economic Development Commission recommended that the fee be dropped, and he supported that recommendation, noting that the sellers pay a business license fee, electrical permit fee, and cleanup deposit. His motion to adopt the alternative resolution failed for lack of a second. Councilmember Faster stated that there are costs to the City in issuing the land use permit, and code enforcement. Resolution 16615; amending the Comprehensive Fee Schedule to prescribe a land use permit fee of $100 for Christmas tree sales lots., was presented; after which, it was moved by Apfelbaum, seconded by Neel , and carried by the following vote, that R166 15be adopted: AYES: Apfelbaum, Foster, Neel & Bono NO: Broich ABSENT: None 13. CUP 5.0488 - WARNER CABLE On October 5, the Council approved a use permit for a new facility, subject to a restudy concerning the antennas; the revised elevations approved by the Commission do not screen the antennas. Planning Director reported that revised elevations were (78) submitted by the applicant, and approved by the Planning Commission; and that the revised plans were reviewed in detail at the last study session. He stated that the antenna dishes have been integrated into the architecture and screened with landscaping. Chris Mills, Architect, stated that he spoke with the antenna manufacturer about the dishes, and was told that if they were to paint the interior of the dish, the warranty would be removed; that all dishes will be the same (interior is off-white color) and the most densely foliaged tree will be used for screening. It was moved by Broich, seconded by Apfelbaum, and unani- mously carried, that the Planning Commission action be upheld. ADDITIONAL LEGISLATIVE ITEMS: 14. AIRPORT - ARCHITECTURAL FIRM Recommendation; That the Council authorize an agreement with T.C.I./Gensler as planning consultant for the Airport Terminal . Airport Manager reported that a selection committee consist- ing of members of the City Council , Airport Commission, (51) staff and the Airlines, unanimously recommended the above firm after review of RFPs and oral interviews. Minute Order 4277 authorizing preparation of agreement as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Foster, and unanimously carried, that MO 4277 be adopted. Council Minutes 11-2-88 Page 11 u� CONSENT AGENDA: 15. Res 16616 approving second 12-month time extension TTM 18087 for 50 single-family lots, and one 0-20 zone lot, for property (137) on Bogert Trail , south of the Palm Canyon Wash, for Wayne Moretti . 16. Motion concurring in CRA Resolutions 567 through 570. (124) 17. MO 4278 approving agreement with Nancy Watt for 1988-89 Library Public Relations Programming - Agr #2638. (99) 18. Res 16617 approving Final Parcel Map 22700 to divide property on Gene Autry Trail , south of Ramon Road, into four parcels. (119) 19. Res 16618 amending the budget to appropriate loan funds previously authorized for the 1988 Vintage Grand Prix. (61) 20. MO 4279 approving participation in the CVAG Regional Housing Needs Analysis at a cost of $17,050, (123) It was moved by Apfelbaum, seconded by Broich, and unani- mously carried, that Resolutions 16613 through 16615 an MO 4278 and 4279, and motion in item 16 be adopted. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Councilmember Broich requested that the subject of "budget" hotels be discussed in study session, with a focus on whether there should be a slowing down of the development of such facilities, and a stronger emphasis of higher quality hotels. PUBLIC reports or requests a) Dr. Friedman again pressed for a crosswalk on Indian Avenue between the Marquis and the Plaza. City Manager restated comments concerning traffic engineering practices for unsignalized crosswalks; and stated that there was no interest on the part of the property owners to fund a crosswalk, as was the case on Palm Canyon Drive. STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. ._ 'JUDITH SURICH City Clerk