HomeMy WebLinkAbout6/7/1989 - MINUTES CITY OF PALM SPRINGS 3 O Ca
CITY COUNCIL MINUTES
JUNE 7, 1989
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, June 7, 1989
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, an invocation
by Dr. James Blayney, Church of Religious Science.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: The agenda was posted do accordance
with Council policy on June 2, 1989.
PRESENTATION OF AWARD
Mayor presented the California Water Pollution Control
Association, Wastewater Treatment Plant of the Year Award
to Andy Fisichelli , Superintendent.
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned
for the purpose of convening as the Community Redevelopment Agency;
after which, member reconvened as the City Council .
APPROVAL OF MINUTES
et was moved by Apfelbaum, seconded by Broich, and unanimously
carried, that the Minutes of May 9 and 17, 1989 be approved.
PUBLIC HEARINGS:
1. 1989-90 BUDGET
Conduct public hearing on adoption of 1989-90 budget.
Council budget study session set for June 13, 1989, 8:30
a.m. , Large Conference Room, City Hall .
Director of Finance reported that the proposed budget
provides a $400,000 surplus, and a balanced budget; that
$1.3 million has been cut from operating funds over the
past few years; that 13 tax supported positions have been
cut, resulting in some departments operating with fewer (61)
employees than they had ten years ago; that the CIP has
been reduced $500,000, however, in the long-run, the issue
will have to be dealt with; that in-lieu property fees
on City enterprise funds have been imposed, and in line
with the Blue Ribbon Budget Committee recommendation,
next year it will be imposed based on full value, and
will result in $400,000 to the General Fund; that no
increase in sewer service charge is needed, based on the
7.5% increase each year in the sewer facility fee; that
a 3% utility tax is proposed on commercial uses, starting
September 1, 1989; that the budget totals $53 million,
and represents an increase of .6% in the enterprise funds,
e; Council Minutes
6-7-89, Page 2
1. 1989-90 Budget (Cont)
debt service down .4%, and 2% increase in the operating
funds; that new programs, over which the City has no
control , e.g. , AQMD mandatory car pooling, IRS proposal
to tax fringe benefits, senior citizen and visitor and
promotion commitments, total $91,000; that police overtime
for special occasions has been added, as well as a sergeant,
Fire Department cadet program, janitorial service and
computer catalog for the Library - total of $215,000 for
safety, $24,500 for Library, and $19,000, for other.
City Manager stated that there has been a total savings
over the past few years of $1.8 million; that the proposal
will mean building reserves back to $3.4 million (excluding
parking funds and certain other operating funds) ; that
if the Council did not want to build up the reserves to
that degree, a onetime expenditure might be considered,
e.g. , downtown issues or concerns of the Council ; that
through new revenues, and cutbacks, the budget has been
balanced; that as of July 1, the JPA will receive $450,000
for convention & visitor bureau, and the Visitors &
Promotion Board will receive $900,00110, and $300,000 is
budgeted for special events; that the Council does not
have detailed recommendation from the PSVPB, and may wish
to begin addressing that at its budget study session;
that funds from Measure A will mean significant increases
in street work; that the Convention Center was not projected
to produce revenues in excess of expenditures until the
early 1990s, however, use of the facility has been
spectacular, and it does not cost the General Fund any
money. He explained the difference between operating
and enterprise funds.
Mayor declared the hearing opened.
Rolph Arnhym, Chamber of Commerce detailed the Chamber's
five-point request for funding, i .e. ,, the HOST program,
Holiday Season Decorations, visitor information, attracting
new business, and a sister city program.
Steven Rosen, DBIA, spoke in opposition to imposing a
utility tax on commercial , and stated his opinion that
businesses are recovering from an economic slump, and
the tax will be self-defeating, and will diminish funds
available for self-help program.
Chuck Murawsky, 1620 Indian Trail , representing Small
Discoveries Hotel Association, urged that the Council
not increase the room tax; that the effort is to establish
a new, independent and redeveloped tourism base, and it
needs all the help it can get; and that perhaps a business
license should be imposed on condominium owners who rent
their units, since they are in competition with hotels.
Jeannette McIntyre, 324 Via Sol , representing the Palm
Springs gallery and antiques dealers, urged that the Council
reject any new tax on small businesses In the community.
There were no further appearances, and the hearing was
closed.
No action required at this time
Council Minutes 312
6-7-89, Page 3
2. COMPREHENSIVE FEE SCHEDULE AMENDMENT - SEWER FACILITY FEE
Recommendation: That the Council amend the Comprehensive
Fee Schedule R16319 to increase the Sewer A=acility Fee
effective July 1, 1989.
(114-006)
Director of Finance reported that the funds are used to
repay the Certificates of Participation issued for plant
expansion in 1981; and that the proposed Fee increase
is 7.1% beginning July 1, 1989.
Mayor declared the hearing opened.
Deyna Hodges, 2122 E. Baristo Road, asked if the Fund
was the same source used from which loans have been made
for various purposes, and if so, why the Fee increase
was necessary.
City Manager reported that the city's obligation is to
pay the annual bond debt amount, and the funds come from
new development, and not through charges against existing
users for unused capacity; that the rate of development
varies, and at times, revenues may be ahead of expenditures,
however, the funds are separately accounted for, and
eventually will be used to pay the debt.
There were no further appearances, and the hearing was
closed.
Resolution 16782, amending the fee schedule, as recommended,
was presented; after which, it was moved by Apfelbaum,
seconded by Neel , and unanimously carried, that R16782
be adopted.
3. A.D. 155 - RAMON/GENE AUTRY TRAIL AREA
Recommendation: That the Council conduct hearing required
pursuant to the Municipal Improvement Act of 1913, and
hearing on the necessity to order eminent domain
proceedings, all related to the proposed installation
of street improvements and appurtenant work in the area
generally north and south of Ramon Road, and east and
west of Gene Autry Trail , between Vista Chino and Sunny (56)
Dunes; and adopt appropriate actions thereafter.
Director of Community Development stated that the project
originated as an up grade of a seven-block industrial
area, and has grown because of requests from adjacent
property owners, and explained the process followed; that
staff is working to help alleviate the reduced parking
problem, and have allowed parking one-halo`- into the
right-of-way, thereby reducing the parking standard, and
if deemed appropriate, further amendments may be made
through a change order to the contract; that the low bid
is $2.3 million under the engineer's estimate, and that
each assessment will be further reduced, annually, through
contributions from the Airport and Community Redevelopment
Agency, for city owned property which cannot be assessed
in the same manner as private property, and which represents
about 15% (city) and 6.75% from the Agency for new roadway
between the curbs in the redevelopment project area; and
that there were no written protests filed. He reported
that five resolutions (excludes eminent domain proceedings)
would complete the proceedings recommended; and a sixth
resolution commits Airport funds, as recommended.
Council Minutes
6-7-89, Page 4
3. A.D. 155 - Ramon/Gene Autry Trail Area (Cont)
Councilmember Foster stated that he would abstain due
to interests in real property.
Mayor declared the hearing opened; there were no
appearances, and the hearing was closed.
The following resolutions were presented:
Res 16783 ordering changes
Res 16784 denying protests and making findings
Res 16785 approving utility ownership agreements
Res 16786 awarding contract - Matich Corp, A#2719
Res 16787 confirming assessments
Res 16788 re Airport Participation
after which., it was moved by Apfelbaumn, seconded by Neel ,
and unanimously carried, that R16783 through 16788 be
adopted
4. TRANSPORTATION UNIFORM MITIGATION FEE (TUMF)
Recommendation: That the Council adopt a Transportation
Uniform Mitigation Fee for all new development projects
in Palm Springs, required pursuant to Measure A approved
by the voters in November, 1988.
Director of Community Development reported that the fee ( )
is a requirement of Measure A, in order 'to qualify to
receive 35% of the proceeds from the one-half cent sales
tax increase, which must be adopted in order to pay the
balance of the improvement costs for regional arterial
roadway system.
Mayor declared the hearing opened; there were no
appearances, and the hearing was closed.
Councilmember Apfelbaum stated that the City has been
a leader in developing an outstanding system to address
these needs.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ESTABLISHING A TRANSPORTATION UNIFORM MITIGATION FEE.
and Resolution 16789, establishing the fee as recommended,
was presented; after which, 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, and that R16789 be adopted.
5. PROHIBITION OF KEEPING OF POTENTIALLY DANGEROUS WILD ANIMALS
Consideration of proposed ordinances relating to potentially
dangerous wild animals.
City Attorney reported that in 1986, a citizen request
was received for action to prohibit the keeping of wild (103-001
animals, specifically, to a South American cougar owned
by Dr. & Mrs. Thompson; that the Council determine the
appropriate action was an ordinance requiring the
registration and inspection of the facilities where the
animal is kept, in order assure safety and security, and
compliance with State and Federal requirements; that
Council Minutes
6-7-89, Page 5
5. PROHIBITION OF KEEPING POTENTIALLY DANGEROUS ANIMALS (Cont)
subsequent additional requests were received, but no action
was taken by the Council ; that the Council asked the City
Attorney to draft an ordinance to prevent the keeping
of wild animals of the nature, "if they can eat you" which
he took to mean animals which could inflict serious harm;
and that two ordinances were drafted, and included in
the agenda materials, i .e. , a Zoning Text change, to
prohibit them as a land use, and a Municipal Code change
to prohibit outright. He stated that the Zoning Text
change would "grandfather" existing situations, unless
discontinued for a period of 180 days; and a third
alternative would be to do nothing.
Mayor declared the hearing opened.
Ron James, 4840 Par Drive, stated that he had a reptile
collection, and gave demonstrations to school children,
and never had an injury, or incident; and expressed his
opinion that a 50 lb. dog has the ability to inflict injury.
Dr. Brad Wolf stated he does not own exotic animals, and
injuries are more likely from accidents involving other
things, e.g. , cars, planes, dogs.
Willima Meddes (?) 8426 Paradise View, Yucca Valley,
offered similar comments concerning danger From other
animals, e.g. , dogs, horses.
Alice Broich stated that she has visited the cougar, and
the facility is safe, secure, and protected by infrared
security system.
Mary Ellen Smith, stated she lives across the street from
the Thompson's, and has seen it on the street. Her
daughter, Karen, relayed her fear, and cited instances
that the cat was "on the fence" and "jerked" at her, and
a friend.
Lance Walker, 26575 Copper Road, Desert Hot Springs, stated
that he has worked with wild animals For many years, and
the prejudice is unjust, and the animal owner is responsible
and spent many hours with their pets.
Ron Williams, 2040 E. Amado, stated that there are State
and Federal laws regulating these animals, and it cannot
get out, nor people get in; and that he designed the
security system, and more local requirement is not needed.
Cheyenne Shefield expressed personal experience with the
cat, and stated there is nothing wrong with it.
Jeff Neil , representing the Pet Center, stated that a
Boa cannot eat anything greater than three times the size
of its head; and stated that he handles many exotic animals,
which are subject to strict regulations.
Gary Scherotter, 320 Camino Sur, stated that he resides
next door to the Thompsons, and that he believes they
do not wish him, nor his family, any harm, and would not
do so intentionally; that his concerns relates to accidents,
or mistakes, which can and do happen; that when they do
Council Minutes
'y 6-7-89, Page 6
5. PROHIBITION OF KEEPING POTENTIALLY DANGEROUS ANIMALS (Cont)
happen, others can be injured; that he is concerned about
the plight of the animals, but people must come first;
that people must feel secure in their, neighborhoods, and
for thirteen years, until now, he has had no reason to
not feel secure; that he is not certain that the cage
is 100% secure at all times; that earthquakes and human
error cause him concern; that he recommended that Municipal
Code be amended, and that consideration be given to
excluding those classes of exotic animals which are not
dangerous, or have the potential to be dangerous.
Karen Aguilar, 1975 Mark Leslie Drive., West World Realty,
stated that she represented the owner of the property
next to the Thompsons in the sale of their home; that
an offer was made, and because of disclosure requirements,
the cougar's Presence was divulged; that the person affected
is therefore the next door neighbor, and not the owner
of the animal ; that if the Haydocks owned dogs, which
barked at the cougar, and neighbors complained, the
enforcement would be against the owner of the barking
dog.
Jane Haydock, 404 Camino Sur, stated that her main concern
relates to the safety of her children; that she frequently
hears Mrs. Thompson calling her husband in a manner
suggesting to her that she needs help with the cougar,
at which times, she does not know if the cage is open;
and that the cougar is familiar with the Thompsons, but
does not know others.
Rex Merritt, Desert Hot Springs, staged his opinion that
the reactions are paranoia.
Mat Epsteen, Desert Pet Center, 1759 N. Sunrise, stated
that a State publication dictates what he can sell , and
that his concern is making sure people get healthy animals,
and can keep them; that he did not wish to be "run out
of business," and asked for more definition as to what
animals would) be excluded.
Dr. O'Brian (?) 247 Vereda Sur, stated that he has sat
and stood next to the cougar, and that it ignores him.
Steve Syndonie (?) attorney representing the Thompsons
on this matter since 1986, stated that there has been
a history of time with the cougar living at the residence,
in the same compound, and there has riot been one incident
of it harming or intimidating anyone; that the Council ,
in 1986, found that there was no showing of danger, and
it was a private matter between the parties; that the
Thompsons have complied with the City ordinance , and the
State and Federal laws; that the site is inspected twice
a year, and he explained the manner of construction of
the cage and its appurtenant structure; that the
Thompsons do not walk around the neighborhood with the
animal , nor does Dr. Thompson sit with a gun in the presence
of the animal ; that he does not believe there is any
evidence to support declining property values; that it
was his understanding the potential buyer has withdrawn
the concern about whether the cougar stays, or goes; that
he believes the Scherotters have "pushed fear into others
and made false statements" to get the neighbors to sign
Council Minutes
6-7-89, Page 7
5. PROHIBITION OF KEEPING POTENTIALLY DANGEROUS ANIMALS (coat)
petitions; that Mrs. Thompson has told him that many
neighbors ask if their friends may see the cougar; that
an amendment to the Zoning Text would still permit the
Thompsons to keep the cougar; that he did not believe
an amendment to the Municipal Code would be constitutional ,
and that the Thompsons would litigate such action, based
on the main purposes of controlling the cougar, and there
has never been an outcry to ban the animals set forth
in the ordinance, and it is clear that the purpose is
to ban the cougar.
Robin Nimknoff, 307 Camino Sur, responded Co' questions
by Mr. Sydonie, that she resides across the street from
the Thompsons; that Mrs. Scherotter asked her to sign
a petition; that she was told the property (Haydock's)
had not been sold because of the cougar; that she was
told by a real estate person that the statement was not
true, but that the property had been on the market for
a number of years, and it was because of its price that
the property did not sell ; and that contingency by the
prospective buyer had been removed from the offer.
Mia Grow, 247 W. Vereda Sur, described her qualifications
in real estate, including serving in Los Angeles courts
as an expert witness on real estate matters, and stated
that the Haydock's house, along with property across the
street, were for sale in 1988, and properties were selling
for $200,00 - $400,000, but in 1989 the range has increased
to $300,000 - $400,000; that the Haydock house was listed
at $595,000, but dropped into the current range, which,
in her opinion, is why an offer was made; that real estate
values declined in the early 1980s, but are now on the
rise; that she does not believe that the animal has any
meaning on the value; and that she was surprised that
the Thompsons were not contacted so the buyer could be
fully apprised of the exact situation.
Victoria Doyle, 452 Salida, local realtor, stated that
Palm Springs needs to retain its uniqueness; and that
in her experience, she was not aware of any personal
incident nor injury involving wild animals in the City.
Dr. Gary Roberts, 270 Vereda Norte, stated the he has
seen the cougar on the street; that it is a wild animal ,
a.nd cats love to chase, and he hoped the Council would
look very carefully at the list of animals, recognizing
that there are good exotic animals that should not be
prohibited; that Pumas have a territory in the wild of
50-100 square miles, are loners except for mating, and
do not form close bonds; that 95% of marine mammals in
captivity have gastric ulcers, and many animals in
captivity, e.g. , the ocelot, are no longer Found in the
native areas from which they were taken; a local resident
has been bitten by a chimpanzee even though it was on
a chain, and a former resident was mauled by wolves she
kept; and that no animal should be maintained under caged
and roped conditions.
Dr. Thompson stated that he has never stated that the
cougar was not exercised, only that it never ran free
in the neighborhood; that the animal has a potential for
clanger, but so do pit bulls, and there are more injuries
from dogs, than lions; that he believed people are
overreacting; and that he appreciates that, and has taken
precautions to make sure the animal does not hurt anyone.
Council Minutes
5-7-89, Page 8
5. PROHIBITION OF KEEPING POTENTIALLY DANGEROUS ANIMALS (Cont)
Don Westfall , 1033 Francis Drive, commented on his
experience, and validation by local realtors and animal
control of his ability to relocate his chimps from Los
Angeles to Palm Springs; that they are his livelihood;
and urged that they not be prohibited.
Katrina Heinrich, 471 Monte Vista, West World, stated
that it was important for the Council to consider everyone's
rights, including protecting the homeowner's rights; that
she and Karen Aguilar have been the 'listed broker of the
Haydock house since 1988, and, to date, 'there has not
been a written removal of the contingency, but rather
the issue is still in midair; that the buyer is still
interested, but concerned about the family; the issue
hinges on emotions, and perhaps the Council should consider
each of the animals which are designated dangerous; and
that the Council should consider the rights of the majority,
and set the economic damage in perspective.
The trainer of the cougar brought the animal into the
Council Chamber, tightly tethered, and asked the audience
to be subdued. He stated his background in dealing with
the cougar, and other animals; that agreement should be
reached, so that if all requirements are met, other people
do not complain about things they do not know anything
about; and that 'these animals do not make great pets for
everyone. In answer to question by Mayor, he stated that
any animal , or person, can break down under stress; and
added, that people have been killed by dogs, planes, and
trains.
Mayor stated that he has worked with chimps and wild cats,
and there have always been several 'trainer present, and
the actors were always warned to be cautious with the
animals; and that he has seen them have a "Pit" when
irritated by noises or situations unfamiliar to them.
He also stated that more people have been bitten by dogs,
than by lions, but there are more dogs around than there
are lions.
There were no further appearances, and the hearing was
closed.
Councilmember Broich stated that he visited the Thompsons,
and looked at the cage, and considered it to be extremely
secure; and recommended that no action be taken, since
the State and Federal regulations prevail , and there are
local requirements for inspection also.
City Attorney stated that the current ordinance requires
confinement, registration and inspection of the facility;
that Federal and State regulations prohibit certain animals,
but as long as the owner of the animal hold a valid permit
for the animal , no other city regulations apply.
It was explained by Dr. Thompson, and Mr. Whiteall , that
after August 3, 1989, unless the person is a trainer,
or the animal is required as part of the person' s business,
lions and other animals like the cougar will not be
permitted to be brought into the country.
Councio Minutes o�
6-7-89, Page 9
5. PROHIBITION OF KEEPING POTENTIALLY DANGEROUS ANIMALS (Cont)
It was moved by Broich, seconded by Neel , and carried
by the following vote, that the current ordinance be
reaffirmed:
AYES: Apfelbaum, Broich, Foster & Neel
NO: Bono
ABSENT: None
PUBLIC COMMENTS:
a) Gary Knutson, AIA, commented on the proposed Fire
Code requirement to sprinkle buildings of 3,000 square (112-001)
feet or greater, on the basis of excessive costs.
b) George Goldberg, 1445 "Cesspool " asked if there was
not a Palm Springs process server; commented on
management employees who reside outside of the City,
employee expenditure reports for travel and meals;
and predicted that the budget deficit will double
in five years.
c) Gary Walker, PSVPB, stated that he is one of the two
at-large members on the Board, and stated that he
has talked with his peers about job opportunities
for CVB type executive directors, and the highest
need is having the community support, financial (61-006)
commitment, and the freedom to act; that an increase
in room tax will block room sales, and a utility tax
will block business; that the Council faces budget
pressure without the input of the new VPB director,
and the Board faces having to hire someone who will
have someone between them and the City Manager; that
the position requires skill , and is not an on-the-job
training opportunity, and a director of the caliber
of Mike Fife, Tom Hanlon or Eddie Webster, would be
not attracted to such a position without having the
full authority of the department; and that the first
director would be much more effective if the Board's
recommendation were followed (department head status).
c) Chuck Hough, 1700 Tamarisk, commented at previous
meetings concerning directional real estate signs,
and stated that there have been six such signs within (103-038)
one block of his house, in a variety of colors, even
before the ordinance is adopted; and questioned why
the City should not be a good example by not permitting
such signs.
d) Frank Tysen, 175 S. Cahuilla, stated that people signed
the initiative petition to set up an independent tourism
industry; that people are in trouble because of the (61-006)
lack of political leadership for many years; that
the more the new function can be kept away from city
bureaucracy, the more effectively it can promote Palm
Springs; that the PSVPB recommends a separate
department, and the Council should heed its advice,
and give it a chance to be creative.
e) Rod Dow , 1860 Mira Loma Way, stated that all
infractions of the real estate directional signs are
not those of real estate people, but often of
auctioneers, or property owners, and that a letter (103-038)
has been drafted to all local real estate people,
including printing the requirements on the back of
their newsletter, and they are willing to pay the
fee structure in order to accomplish enforcement.
) Council Minutes
a 6-7-89, Page 10
LEGISLATIVE ACTION:
6. ALLOCATED POSITION & COMPENSATION PLAN AMENDMENT - TOURISM
DEPARTMENT
Recommendation: That the Council consider City Manager
and PS Visitors & Promotion Board recommendations regarding
a tourism department/division; and amend the Allocated
Position & Compensation Plans accordingly.
City Manager stated that two different approaches as to
the structure of the new function are being suggested
to the Council ; and one concern has been raised as to
the availability of the present Director of Community
Services & Promotion' s time; that the Director is currently
putting a new department together, and has hired a new
events coordinator, and in the process of replacing 2-3
positions; that he envisions the department as being
extremely active, and it is his intent to include tourism
as an active function of that department, without inhibiting (61-006)
that effort -- rather to enhance it; that he bellieves the
tourism function will be maximized in terms of City dollars,
as well benefiting in a way that it could not as a separate
isolated department; that the real value of a single
department is to deal with the coordination of issues
- multiple commissions and various city departments which
are also approaching the subjects of promotion and
advertising (Airport and Convention Center) - through
the department director, without inhibiting the function
of the tourism director; that if the Council chooses to
establish a separate department, he recommended the titles,
"Director of Tourism," and "Tourism Department," in order
to distinguish between the Community Services & Promotions
Department, and the Convention & Visitors Bureau (JPA) ,
and he believes the term, "tourism" will eliminate
confusion; that he regretted being in a position of making
a recommendation contrary to the PSVPB, however, under
the Municipal Code, he is charged with the responsibility
of allocating positions, and if he is to be held accountable
for that, he would prefer, and believes he can perform
best, if that allocation is arranged in a manner that
he believes is best for the City.
Councilmember Broich stated that this is the first
recommendation of the new Board, and he considers it to
be a professional group, and one that wants to promote
tourism and Palm Springs, which he believes has not happened
to the same extent as the Board wishes to accomplish;
that it should be given the opportunity to do so, and
if the separate department does not work out, he can be
reversed later; that he could not consider raising the
room tax; and that the new Board wants to hustle, and
bring people to Palm Springs, and make it a thriving
community.
Councilmember Apfelbaum stated that she was a major
proponent of the Valley-wide CVB, and worked hard with the
Mayor to bring it about; that the City could not have
continued spending the kind of money it has, and all of
the cities needed to share the burden and benefits of
having one bureau; that the result was that a lot of money
was freed for Palm Springs; that she and others met with
people from the media, advertising, hotels, marketing,
and the hospitality industry, to discuss what should be
done with the money; that over six meetings, attended
Council Minutes T2 u
6-7-89, Page 11
6. ALLOCATED POSITION & COMPENSATION PLAN (Continued)
by 100 people, several conclusions were reemphasized,
i .e. , a) spend the money to clean up downtown; b) do not
duplicate efforts of new Valley-wide CVB; c) do not
fractionalize; d) use it to promote or improve downtown
- infrastructure, or restructuring; e) do not create another
layer of CVB, or build another CVB structure; f) focus
on downtown; g) use as seed money to attract special
functions; h) create one hospitality commission, do not
use word, "tourism," create marketing plan; i ) create
events downtown; and j) create a cohesive environment.
She stated that there has not been a public hearing on
the use of the funds, and the new Board has recommended
creating a new $1 million "bureau" ; that there are many
ways in which to spend the money; that "marketing" was
the charge of the CVB created twenty years ago, and the
Council should not be "reinventing the wheel ;" that whether
it is a division, or department, it will still be under
the City's organization; that there is a problem of
coordination, in terms of there being nine separate entities
dealing with the same subject; that there will be cost
savings and efficiencies if it is under an existing
department; and that she favored contracting out the entire
operation, which would remove it from bureaucracy, but
would support a division under the existing Community
Services & Promotions Department.
Mayor recognized Frank Tyson, who stated that the "tumult"
started because the local community was not getting its
fair share of business; that conventions are not the
mainstay of "their" business - rather, Palm Springs is
different from other communities - more intimate; and
a different type of promotion is needed.
Councilmember Foster stated that there is an agreement
in place, as well as a Board, and the Council must proceed
with how it will spend those funds; that he agreed that
Palm Springs and the other valley communities are different,
and the CVB is promoting all communities, and trying to
bring conventions, from which the small hotels will not
benefit; that the Board was set up to promote other efforts
in the community to bring people to Palm Springs; that
the subject is how that will be administered, and he thought
a separate department would give the necessary clout,
and ability to attract the best qualified person; and
that if that is a mistake, it can be rectified.
Mayor stated that there are nine organizations doing the
same thing, and crossing each other's path, and that the
intent of placing the function under an existing department
is to eliminate duplication, and utilize all personnel
in the most efficient manner; that the effort is not to
put "something over on someone," rather everyone is seeking
to achieve the same goal , and the Council is not indifferent
to that, rather has put out a great effort to reach those
goals; that the issue is not one of control , because
ultimately, the Council will have the control ; and that
he appreciated the Board's request for him, as a member
of the Board, to support its recommendation, but the
Council 's job is to make the choices it deems to be the
right choices for the community.
Council Minutes
6-7-89, Page 12
6. ALLOCATED POSITIONS & COMPENSATION PLAN AMENDMENT (Cont)
Discussion ensued as to the name of the function, and
it was the consensus of the Council , that the names and
titles would be brought back to the Council for approval .
Resolution to create a separate department, was presented;
after which, motion by Broich, seconded by Foster, to
adopt the resolution, failed to carry by the following
vote:
AYES: Broich & Foster
NOES: Apfelbaum, Neel & Bono
ABSENT: None
Resolution 16790, as recommended by the City Manager,
was presented; after which, it was moved by Apfelbaum,
seconded by Neel , and carried by the following vote, that
R16790 be adopted:
AYES: Apfelbaum, Foster, Neel & Bono
NO: Broich
ABSENT: None
7. UNIFORM BUILDING & FIRE CODES
Recommendation: That the Council adopt the 1988 editions
of the Uniform Building Codes (includes mechanical ,
plumbing, solar, etc); and the 1988 edition of the Uniform
Fire Code, together with amendments, additions and deletions
to said codes.
Fire Marshall provided information concerning the cost
of sprinkler installation, and staged that the cove
communities and the County require sprinklers for structures
greater than 5,000 square feet; that Indio requires them
for 4,000 square feet or greater; and that Desert Hot (1.12-00_
Springs' requirement is all structures; that the
proposal does not address residential - single-family,
but would include any multiple family, as well as
condominiums with more than one unit in a cluster, and
other residential , or any structure, is required to be
sprinkled if it beyond a 5-minute response time. In answer
to question by Council , he stated that other communities
have 3-man engine companies, but Palm Springs has 2-man
companies.
Councilmember Foster stated that he would like additional
input from local fire sprinkler businesses, and was
concerned about telling everyone how to run their business,
or how much insurance they should buy, since the fire
stations are needed anyway, and he saw this as the next
step to requiring sprinklers for all residential units.
City Clerk noted that the adoption of the reference codes
requires a public hearing, and the practice has been to
introduce the ordinances, and set the hearing for second
reading and adoption.
Resolution 16791 making findings regarding the Building
Codes, was presented.
Council Minutes `?
6-7-89, Page 13
7. UNIFORM BUILDING & FIRE CODES (Cont)
City Clerk read titles of the Ordinances, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING AND AMENDING THE UNIFORM BUILDING CODE, WITH
APPENDICES, CHAPTERS 1, 7, 12 DIVISION II, 23, 32, 35,
38, 49, 51, 55, 57, 70, THE UNIFORM BUILDING CODE
STANDARDS, UNIFORM MECHANICAL CODE, UNIFORM PLUMBING
CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT
OF DANGEROUS BUILDINGS, UNIFORM SOLAR ENERGY CODE, UNIFORM
SWIMMING POOL, SPA AND HOT TUB CODE, UNIFORM
ADMINISTRATIVE CODE, AND LIFE SAFETY CODE, ALL BEING
THE 1988 EDITIONS.
and
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE PALM SPRINGS MUNICIPAL CODE, CHAPTER 11.02
TO ADOPT AND AMEND THE 1988 EDITION OF THE UNIFORM FIRE
CODE.
It was moved by Foster, seconded by Apfelbaum, and
unanimously carried, that further readings be waived,
and that the Ordinances be introduced for first readings;
that R16791 be adopted; and that additional information
be provided concerning sprinklers, prior to adoption of
the Codes.
8. TAHQUITZ WAY LICENSE AGREEMENT - PLAZA DE LAS FLORES
Recommendation: That the Council approve an amended license
agreement with Wessman Development Company, to allow place-
ment of underground grease traps under sidewalks adjacent
to the Plaza de las Flores (PA1B7) on Tahquitz Way. This
item was reviewed in study session, and no further report
was given.
(117-019)
MO 4364 approving amended license agreement (# 2661 ) ,
was presented; after which, it was moved by Apfelbaum,
seconded by Broich, and unanimously carried, that MO 4364
be adopted.
9. SENIOR CENTER JOINT USE OF FACILITIES
Recommendation: That the Council approve a. Joint Use
of Facilities Agreement with the Senior Center (Sunrise
Plaza) through December 31, 1994 - A2715. This item was
reviewed in study session, and no further report was given.
(117-032)
Resolution 16792 approving agreement, as recommended,
was presented; after which, it was moved by Apfelbaum,
seconded by Broich, and unanimously carried, that R16792
be adopted.
10. ORDINANCE FOR SECOND READING & ADOPTION (Intro. 5-3-89)
City Clerk read title of Ordinance 1333, amending the
Zoning Text, including adult entertainment, gasoline price (103-031)
signs, real estate signs, etc; after which, it was moved
by Broich, seconded by Foster, and unanimously carried,
that further reading be waived; and it was moved by Broich,
seconded by Foster, and carried by the following vote,
that Ordinance 1333 be adopted:
AYES: Broich, Foster & Bono
NOES: Apfelbaum & Neel
ABSENT: None
o3�W, 1
Council Minutes
6-7-89, Page 14
11. NORTH PALM CANYON Li_Ei!JE AGREEMENT - MARIE CALLENDERS
Recommendation: That the Council approve a license agree-
ment with McGrath/Brown, Inc. , dba Marie Callenders, for
encroachment into right-of-way on North Palm Canyon Drive
(Desert Fashion Plaza) for outdoor dining; and to consider
a "Heroes Walk of Fame. " A2716. This item was reviewed
in study session, and no further report was given.
Councilmember Foster stated that he approved of the (136-029
agreement, however, recommended that the Heroes Walk of
Fame be referred to the Planning Commission and Main Street
for a recommendation.
Councilmember Apfelbaum stated that she did not consider
the concept appropriate for Palm Springs,and it should not
be referred for a recommendation, which could be construed
as favoring the concept.
MO 4365, approving the license agreement for encroachment
into the right-of-way, was presented; after which, it
was moved by Foster, seconded by Broich, and unanimously
carried, that MO 4365 be adopted.
It was moved by Apfelbaum, seconded by Neel , and unanimously
carried, that the Council express its displeasure with
the concept of a Heroes Walk of Fame.
ADDITIONAL LEGISLATIVE ITEMS: (Satisfied Agenda Posting)
12A. MUSIC FESTIVAL - Removed from agenda
12B. PARCEL MAP 23755 - FINAL MAP )
12C. TRACT MAP 23764 - FINAL MAP ) See Consent Agenda
CONSENT AGENDA:
13. Res 16793 and Res 16794 confirming annual spread of assess- (56-004
ments for Street Lighting Maintenance Districts Nos. 1 and -005)
2 for 1989-90.
14. Res 16795 approving Engineer' s Report, and setting hearing
on annual spread of assessment for Street Lighting Maintenance (56-007)
District No. 3 for July 5, 1989.
15, Res 16796 approving Engineer' s Report, and setting hearing
on annual spread of assessment for Street Lighting Maintenance (56-008)
District No. 4 for July 5, 1989.
16. Res 16797 approving Engineer's Report, .and setting hearing
on annual spread of assessment for Parkways Maintenance (138-001
Districts No. 6A, 6B and 6C for July 5, 1989.
17. Res 16798 granting easement to SCE for service to the Oasis (147-001
Water Park site.
18. Res 16799 approving final tract map 21885 to divide property
at the Cathedral Canyon Country Club, Section 28 - Falcon (137-058
Lakes.
19. Res 16800 amending the budget to appropriate $11,500 for the (61-007)
1989 Spring Games.
20. MO 4366 approving Change Order 2 to Purchase Order 90472 to
Rubidoux Printing, for printing multi-insert presentation (50)
folders for the P.S. International Film Festival , $6,010.78.
Council Minutes 324
6-7-89, Page 15
CONSENT AGENDA (Cont)
21. Res 16801 amending the budget to appropriate $220,746 from
MVR Fund to pay for 16 police patrol units previously authorized (61-007)
for purchase on March 1, 1989.
22. Res 16802 accepting repayment of $45,000 to reduce principle
of $180,000 loan from the General Fund to the CRA (R16295) . (61-007)
23. Res 16803, 16804, and 16805 approving Payroll Warrants and (86-006-
Claims & Demands. 0000)
24. Res 16806 approving Final Parcel Map 23755, to divide property
on the SE corner of Camino Alturas and Camino Monte, The Holt (119-001)
Group, Section 27.
25. Res 16807 approving Final Tract Map 23764 to divide property
bounded by Sunny Dunes, San Luis Rey, Mesquite Avenue and (137-056)
Crossley Road, Knutson Capital Investment, Inc. , Section 20.
It was moved by Apfelbaum, seconded by Broich, and
unanimously carried, that R16793 through 16807, and Minute
Order 4366 be adopted.
ADDED STARTERS: None
REPORTS & REQUESTS:
26. DEPARTMENTAL - Received & Ordered filed
a) Treasurer's Monthly - March, 1989 (121-002-
0006)
CITY COUNCIL reports or requests - None
PUBLIC reports or requests - None
STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to a Closed Session; after which, the meeting
was adjourned to Tuesday, June 13, 1989, at 8:30 a.m.
for budget review, and thereafter at 2 p.m. , for legislative
action, in the Large Conference Room, City Halle
JUDITH SUMICH
City Clerk