HomeMy WebLinkAbout7/5/1989 - MINUTES {1 A
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JULY 5, 1989
A Regular Meeting of the City Council was called to order by Mayor
Bono in the Council Chamber, 3200 Tahquitz-McCallum Way, on
Wednesday, July 5, 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 and an invocation
by Lynn Castle, Practitioner in Training, Palm Springs Church of
Religious Science.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with Council
policy on June 30, 1989.
EMPLOYEE RECOGNITION AWARD: Presented to Vicki Oltean, Community ( )
Services & Promotion Department
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned
for the purpose of convening as the Community Redevelopment Agency;
after which, members reconvened as the City Council .
APPROVAL OF MINUTES:
It was moved by Foster, seconded by Apfelbaum, and
unanimously carried, that the Minutes of June 13, 1989,
be approved.
PUBLIC HEARINGS:
1. SLMD 3 & 4 and PARKWAYS MAINTENANCE DISTRICTS 6A, 6B and 6C
Recommendation: That the Council overrule any protests,
and confirm annual spreads of assessments for Street
Lighting Maintenance Districts 3 and 4, and for Parkways
Maintenance Districts 6A, 6B, and 6C. (56 &
138)
Director of Community Development highlighted his report,
and noted that the districts have been in place for many
years.
Mayor declared the hearing opened; there were no
appearances, and the hearing was closed.
Resolutions 16840, 16841 and 16842, as recommended,
respectively, were presented; after which, it was moved
by Apfelbaum, seconded by Broich, and unanimously carried,
that R16840 through 16842 be adopted.
I
Council Minutes <<.
7-5-89 Page 2
2. A.D. 155 - EMINENT DOMAIN PROCEEDINGS
Recommendation: That the Council adopt resolution of
necessity concerning acquisition of certain rights-of-way
required for the completion of Assessment District 155.
Director of Community Development reported that all of (56)
the necessary rights-of-way have been obtained, with the
exception of two parcels, and recommended proceeding with
eminent domain for acquisition of the rights-of-way.
Mayor declared the hearing opened; there were no
appearances, and the hearing was closed.
Resolution 16843, as recommended, was presented; after
which, it was moved by Neel , seconded by Foster, and
unanimously carried, that R16843 be adopted.
3. UNIFORM CODES FOR ADOPTION
On June 7, 1989, the Council introduced ordinances to
adopt uniform building and fire codes, together with
amendments, additions and deletions thereto; this was
time set for hearing thereon. Fire Chief noted that details
of his Supplemental Report were reviewed at the study
session; and no further report was given.
Mayor declared the hearing opened; there were no (112)
appearances, and the hearing was closed.
City Clerk read titles of Ordinances 1335 and 1336, as
recommended; after which, it was moved by Apfelbaum,
seconded by by Broich, and unanimously carried, that further
reading be waived, and that the Ordinances 1335 and 1336
be adopted.
4. CONFLICT OF INTEREST CODES
Recommendation: That the Council approve Conflict of
Interest Codes for the Public Arts Commission and the
Convention Center Department; and updated code for the
General Operations Department. (60 &
City Clerk highlighted her report, noting that the codes 63)
comply with the Government Code, and departmental/commission
hearings have been held.
Mayor declared the hearing opened; there were no
appearances, and the hearing was closed.
Minute Order 4382 approving codes as recommended, was
presented; after which, it was moved by Broich, seconded
by Foster, and unanimously carried, that MO 4382 be adopted.
PUBLIC COMMENTS:
a) Wind Energy: The following persons spoke concerning
wind energy, in particular, the existing wind farms:
Ruth Licata, 530 N. Calle Marcus, read a letter from
Gay] Biondi , President of the League of Women Voters
to the BLM, including a suggestion for mitigating
problems with windmills in the pass area; and on behalf
of herself, urged cooperative efforts between the
various agencies involved.
Council Minutes
7-5-89 Page 3
Dorothy Hart, 605 Amado, commented on wind energy as a
non-polluting alternative source; and commented on the
noise and air pollution of the Vintage. Race, and urged
that Palm Springs be the first city to clean its air by
not allowing the race, which she considers to be illegal
according to City ordinances, and outdated.
Miles Barrett, President of the Wind (farms Association,
commented concerning a publication in the Desert Sun
expressing the City's view of wind energy, and that he
considered it a. matter of personal opinion whether the
turbines devastate the scenic approach to Palm Springs;
that he is not aware of any tourist who does not want
to come to Palm Springs because they have to drive by
the wind farms, nor was he aware of any resident who left
the City because of them; that there are 108 vacant
properties on Palm Canyon, between Vista Chino and Ramon
Road; that in his opinion, the Council is misguided by
a myth that SCE raises its prices because it buys power
from opportunistic developers, when in fact it pays less
to developers than it pays for purchasing its own nuclear
generated energy; and stated that wind energy has produced
an amount equivalent to what would have been produced
by the quantity of oil spilled in waters surrounding the
United States.
Councilmember Foster stated people have moved from the
areas where there are WECS; that there are none in Palm
Springs; that the Council is not against wind energy,
but the turbines should be placed where they are not
detrimental 'the visitor industry, and where the BLM agreed
they would be placed.
Fred Noble, North Indian Avenue, stater.) that wind farms
have spent millions in development costs, property tax,
and payroll ; that businesses left Palm Springs before
the wind farms arrived; that the wind farms are an
attraction to tourists; that the wind )farm locations are
a result of a settlement agreement joined in by the City
of Palm Springs; that they should be considered an economic
benefit, and an energy producer without any significant
impact on the environment.
Clair Lylse (?) , North Indian Avenue, stated that a balanced
community is needed, and it accused the City of discouraging
industry which is not located within the City limits;
that wind farms provide energy to residents, and Palm
Springs should capitalize on that aspect.
Karen McQuisten„ wind farm employee; Eve Nesbitt resident
on Dillon Road; Rusty La Fond, wind farm employee, each
commented on tourist aspect of the turbines; Ms. Nesbitt
suggested planting oleanders to conceal them; and Ms.
LaFond stated she has observed more wildlife in the area.
Gary Carpenter, wind farm employee, stated that SMOG is
more of a visual blight, and the City should be more
concerned with the removal of old, inactive turbines,
or with the appearance of an auto wrecker on North Indian
Avenue.
` 4
Council Minutes
7-5-89 Page 4
Mark Shafer, wind farm employee, and Robert Boyd, and
George Perez, each of Desert Hot Springs, commented in
favor.
Wesley Ross, 175 Geronimo, expressed opinion that wind
farms should be welcomed and encouraged as a non-polluting
alternative energy.
Carl Lentz, Desert Hot Springs, questioned how anyone
could expect the existing turbines to be moved to another
site, and urged that the Council meet with the mind energy
leaders and come up with solutions to the problems.
Don Rubidoux stated that most people who spoke concerning
the WECS do not live in Palm Springs, and that he does
not find the turbines attractive, nor doubts that they
add to energy reduction.
b) Mr. Rubidoux also stated that the voters rejected
the utility tax, and he believed that it would not
be a fair distribution of the City' s economic situation
to place the tax only on businesses, and the Council
should find a tax which would be appropriate to all
citizens.
c) Robert Bertrand, Chino Canyon Road, urged the Council
to plan for the future - 50 years from now - with
humor and foresight, in the hope that the world will
become more peaceful .
d) Dee Dee Stone, 142 East Lake, asked that the Council
choose a different direction whenever it sees that
the community is opposed to what it is considering.
She cited the Raceway as an example, which she believed
was not supported by the community, however, the Council
voted in favor of it.
e) George Goldberg expressed his opinion concerning
buildings which were declared unsafe and/or demolished
by the City, which he did not think was necessary;
that he attributed the "loss" of Penneys, a bowling
alley, an ice rink, and a restaurant row, to the City;
and questioned who 'took the equipment from the Saturdays
Restaurant building, scheduled to be demolished (by
the owner) .
f) Frank Tysen, 175 S. Cahuilla, stated he vaas shocked
that the Council would want to remove people from
the PSVPB; that the Council has become dictatorial ,
and appears to be at war with the community; that
it is trying to "torpedo" those who do not agree with
the Council ; that differences should be resolved for
the good of the community; that the proponents of
the initiative petition represent 5,000 signatures.
g) Mr. Zeitlin, President of Citizens of Palm Springs
stated that Mr. Barrett's comment is a reasonable
estimate of the number of vacancies on Palm Canyon
Drive.
Council Minutes
7-5-89 Page 5
h) John Kappmeyer, 3506 El Gaucho, President of the DBIA,
stated that. a 'letter had been given to I'he Council ,
concerning the utility user tax, and he encouraged
the Council to not adopt the ordinance.
i ) PS Bottling Company. The following persons spoke
concerning the project:
Alex Jablow, Palm Springs resident., emphasized that
the proponents purpose is to make money; that the
DWA mitigation fee will be one cent per 3 gallons,
but the consumer will pay $1; and that the DWA Manager
has repeatedly said that it is a bad thing to sell
or export the water.
Bill Byrne, 301 Overlook, stated that he was not opposed (123)
to the Planning Commission actions, as to what it
had to review, but that the real question is the
exportation of water from the community; and asked
that the Council wait for a full EIR before commenting
on the project.
Victoria Doyle, 452 Encilia, and resident of Snow
Creek, stated that the WECS endanger the wildlife;
and commented on Snow Creek, and read clippings from
several articles of past newspapers;; and stated that
there is no longer water at Snow Creek, her trees
are dead, and the wildlife is gone. She cited her
expertise in being responsible for preparation of
environmental documents.
A young boy, resident of Snow Creek, stated that there
is no water in the creek, and he thought it stupid
to sell the water.
Dick Smith:, 1060 Olive Way, stated that PS Bottling
Company is a client, and he agreed that the Council
should defer action ; that the East Area Planning Council
will hold a public hearing on July 13, and conclude
what action should happen, including an EIR.
LEGISLATIVE ACTION:
5. COUNTY CUP 3024 - PS WATER CO.
On June 21, 1989 Council continued Planning Commission
recommendation concerning the above case; and at the study
session discussed requesting the County defer action,
pending EIR process.
( 123)
Assistant Planning Director reported that a resolution
was prepared, pursuant to the Councill ' s discussion at
the study session following the last meeting, recommending
to the County that the project be continued pending
preparation and review of a comprehensive environmental
assessment, including ground water study, public comments,
and technical input; that if significant comments are
received, a full EIR is recommended; that the County
geologist has reviewed the information, and has concluded
that the quantity of the water is of no great concern
- 68 acre feet, - and is recommending mitigation measures
to limit it to that amount, but that the questionis one
of water policy.
Council Minutes
7-5-89 Page 6
5. COUNTY CUP 3024 (Continued)
Assistant City Manager stated that at the last meeting,
the Council requested that DWA be asked to hold a joint
public hearing, however, the City Manager contacted the
DWA manager and was informed that the Agency would prefer
waiting for the environmental assessment review, and
although it was probably too early for a joint hearing,
the Agency would not be adverse to a meeting at the proper
time; that the issue before the Council related to a plan
for a project within the City' s Sphere of Influence, and
the opportunity to react to it; and that the DWA is the
legislative body responsible for water policy.
Mayor stated that the project is so Far removed from Palm
Springs, for the Council to consider any action; that
it properly belongs to DWA and the County; and that it
is not in proper order for the City to act at this time.
City Attorney and the Assistant City Manager noted that
the Council has the opportunity to review major projects
within the City' s Sphere of Influence, and the subject
project has become emotional and controversial because
of the water policy issues.
Resolution 16844, recommending continuance pending further
environmental review, was presented; after which, it was
moved by Broich, seconded by Foster, and unanimously
carried, that R16844 be adopted.
6. STATE MINING & GEOLOGY BOARD CLASSIFICATION & DESIGNATION
Recommendation: That the Council support the State Mining
and Geology Board Classification - Designation Committee
recommendations regarding the designation of significant
construction grade aggregate in this area. Memorandum
of Director of Community Development highlighted by
Assistant Planning Director.
Resolution 16845, as recommended, was presented; after (123)
which, it was moved by Foster, seconded by Broich, and
unanimously carried, that R16845 be adopted.
7. UTILITY TAX
Consideration of imposing a 3% utility tax on commercial
units.
Assistant City Manager reported that the imposition of
a utility user tax was one of the first recommendations
of the Blue Ribbon Budget Committee; that major cutbacks
have been made without major service level reductions; (140)
that the deficit was reduced from $2.3 million to about
$400,000, partly at the cost the capital improvement
program, and much at operating cost reductions.
Director of Finance reported that if the proposed tax
is not adopted, the deficit will be $400,000; that if
it is passed, the operating reserves will be at about
$3.6 million, and at $2.8 million if it is not passed
- which represents 9%% of the operating budget; and that
the Committee had recommended a 15% reserve, or $4. 5
million, and the City Manager recommended a minimum reserve
of $3 million.
Council Minutes
7-5-89 Page 7
7. UTILITY TAX (Continued)
Councilmember Apfelbaum stated that she would consider
it unconscionable to adopt any, utility user tar, in light
of the voter' s rejection of the tax last November; that
every proposal to cover the deficit has some objection
by special interest groups, and until the community decides
that some sacrifices will have to be made, and a community
spirit develops, the community will not come together
and it will be pulled by separate directions; that $500,000
has already been taken from capital improvements; that
the issue must be addressed, otherwise more things will
go down valley; that the community needs to reach a common
goal ; and that she found it disheartening to always hear
a response to "take it from someone else. "
Councilmember Foster stated that several things are
beginning to come together that may lead to eliminating
the deficit, e.g. , the downtown assessment district, which
is enthusiastically being undertaken; that the DBIA, Main
Street, and PS Now have been working to turn around
downtown; that many merchants who moved down valley have
returned to Palm Springs; that there are positive aspects
that must be looked at, and encouraged, like the special
events and the downtown effort; and that people do not
want the tax, and perhaps 'there is some other way to resolve
the problem.
Mayor agreed with Councilmember Apfelbaum concerning a
need for community spirit and common goals, and that the
Council , downtown businesses, and others are aware that
the community must produce revenues and 'increase the cash
flow; that he believes it is happening, and there is a
big shift in turning things around, that "belt tightening"
and a giving spirit will be needed for everyone to win,
and the job will be harder if some say that it should
only be taken from others; and that if everyone has the
same goal , it can be reached, and he believes the attainment
of the goal is happening.
It was moved by Broich, seconded by Foster, and unanimously
carried, that a utility user tax on commercial not be
adopted.
S. RENT CONTROL/MOBILENOME- PARK RELOCATION EXPENSI7S INITIATIVE
Consideration of initiative petition concerning rent control
and mobilehome park relocation expenses, which has been
verified by the City Clerk, and certified to contain in
excess of 15% of the registered voters.
Note: At the beginning of the meeting, the Council permitted (83)
public comments on this issue, and the following persons
spoke:
Stan Sorawsky, 205 Coyote Drive, stated that thousands
of people signed the petition, and that the Council should
adopt the ordinance, which he thought would reduce the
chances of unscrupulous landlords gauging tenants, and
protect the rights of all tenants; and asked that it be
adopted, without going to an election.
Percy Aucoin, 1.31 Calle del Collado, Secretary of the
Desert Political Action Association, stated that the intent
of the petition was to require a special election, and
believed that was evident by the fact that more than 15%
of the required signatures were obtained; that he believed
the intent was clear, and the City Attorney should have
advised them accordingly; that the number of signatures
is an indication that the voters would approve the measure;
and that he believed the Council would adopt the ordinance,
without an election, if the petition contained the 157
Council Minutes 'f35 0
7-5-89 Page 8
8. RENT CONTROL INITIATIVE (Continued)
Earl Smith (?) 270 N. Sunrise, expressed opposition to
rent control , and his view that it is a taking of property
without due process; and that individuals have a right
to say what they want, and people who rent choose to do
so, and not purchase property.
Deyna Hodges, 2122 E. Baristo, stated that she was a former
Rent Review Commissioner, and urged that the Council adopt
the ordinance, and not waste money to call for an election;
and that once adopted, the ordinance be fully enforced.
Col . George Caden (?) , 223 La Siena Drive, stated the
initiative petition is an exercise in democracy, and a
nine-month delay, would only serve to subject people to
rent increases during the interim.
Al Bayrack, 1842 Via Miraleste, stated that the DPAC studied
a number of rent control ordinances, and the proposed
ordinance does not prevent landlords from asking for
increases, nor from recovering full cost of improvements;
that it does not apply to new construction; and that he
believes the City had a fiduciary responsibility to let
them know that the petition was deficient.
There were no further public comments.
City Attorney reported that the Elections Code contains
three specific options as detailed in his report; and
that the impact of rent control is not a mystery since
there is an existing rent control ordinance. He stated
that if the Council calls for a report on the impact of
the ordinance, and other matters, that report must be
returned to the Council within 30 days, and upon its
presentation, the Council must either adopt the ordinance,
or order it placed on the 1990 General Municipal Election
ballot.
Councilmember Foster stated that he has no problem with
the concept of the ordinance, nor its adoption, but he
takes his responsibility seriously, and once adopted,
the ordinance will affect the community for many years,
and the Council must make certain it is good for everyone;
and that he would prefer to examine its impact and details.
Councilmember Apfelbaum stated that she favored a review
of the ordinance in a deliberative manner.
Mayor stated that he was under- the impression that the
proponents wanted the matter placed on the ballot, but
it appears that an earlier decision is being requested;
that he was not opposed to adopting it, but a closer look
needs to be taken, and everyone will learn from it; and
that it will only take a couple weeks to accomplish that.
Motion by Broich to adopt the ordinance contained in the
petition failed for lack of a second.
It was moved by Apfelbaum, seconded by Foster, and carried
by the following vote, that the City Attorney prepare
an impact report, and the ordinance be reviewed, and the
matter be brought back to the Council at its next meeting.
AYES: Apfelbaum, Foster, Neel & Bono
NO: Broich
ABSENT: None
ABSTAIN: None
sic Council Minutes
7-5-89 Page 9
9. PARKING TAX
Recommendation: That the Council impose a parking tax
at the rate of 25% of the parking rent, up to 25¢ per
vehicle per day, or 10% of the monthly charge, whichever
is less.
Director of Finance highlighted his report, and noted
that the tax would apply primarily to parking at the
Airport, and would not apply to valet or validated parking. (140)
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING TITLE 3 OF THE PALM SPRINGS MUNICIPAL CODE
BY ADDING CHAPTER 3. 34 THERETO IMPOSING A PARKIING TAX,
PROVIDING FOR ITS COLLECTION, AND IMPOSING PENALTIES
FOR THE VIOLATION THEREOF.
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. ORDINANCE FOR SECOND READING (Intro. 6-21-89)
City Clerk read title of Ordinance 1:337, concerning a
change of zone for Lapham Construction, Section 19; after (149)
which, it was moved by Apfelbaum, seconded by Broich,
and unanimously carried, Neel abstaining, that further
reading be waived, and that 01337 be adopted.
ADDITIONAL LEGISLATIVE ITEMS (Satisfied agenda posting requirement)
11. VINTAGE RACE - EVENT CALENDAR
Recommendation: That the Council sanction the 1989, event,
conditionally approve the track layout, provide for certain
street improvements, and approve specified events.
Director of Aviation reported that this matter was reviewed G
in detail at the previous study session, and recommended (-'O)
a further condition, to read: "That the City Council
declares its intent to close public streets and suspend
certain regulatory ordinances to facilitate the 1989 Vintage
Grand Prix. "
Resolution 16846, as recommended, was presented:; after
which, it was moved by Broich, seconded by Foster, and
unanimously carried, that R16846 be adopted, including
the additional condition.
CONSENT AGENDA:
12. Res 16847 reactivating PD 79 Final Development Plans; for a
12-lot single-family subdivision, subject to all previous ( 1.16)
conditions, for one year ending July 5, 1990.
13. MO 4383 awarding purchase of a four-wheel drive Jeep Cherokee
from Chrysler Credit Corp. , for $9,980. (84)
14. MO 4384 approving purchase of a cab & chassis, cab-over truck
from E.W. . Truck & Equipment Co, for $45,977. 50. (84)
3''2
Council Minutes
7-5-89 Page 10
15. MO 4385 consent to encumbrance of the Jimsair leasehold of
$2.5 million (A#1764) (51)
16. MO 4386 approving agreement with the FAA for lease of 20 acres
on the NW corner of Tachevah and Farrell , to allow long-term (51)
leases for industrial park development - A#2729.
17. MO 4387 approving Supplement #4 to engineering services
agreement with Isbill Associates for $315,000, concerning (51)
parallel runway and taxiway system design, drainage study
update, and general consulting services - A#2547.
18. MO 4388 approving agreement with Sally McManus to manage the
Historical Society Museum for 1989-90 for $22,500 - Aii2730. (99)
19. MO 4389 approving agreement with Nancy Watt for Library public
relations programming for 1989-90 for $8,500 - A#2731. (99)
20. MO 4390 approving purchase of specialty advertising items (50 &
from D & M for up to $16,000, and waive formal bid; and 61)
Res 16848 amending the budget to appropriate necessary funds.
21. MO 4391. approving agreement with Tracey Gunneman for ( )
rehabilitation services for 1989-90 for $33,500 - A#2732.
22. Res 16849 and 16850 approving loan to the CRA and amending (61)
the budget to appropriate funds therefore, relative to
acquisition of property at 261-265 North Indian Ave.
23. MO 4392 approving agreement with Wayne McGee Surveying for (56)
construction survey staking for AD 155, for $112,600 - A#2733.
24. Res 16851 and 16852 approving Payroll Warrants and Claims (86)
& Demands.
25. MO 4393 awarding contract for sewer repairs at Alejo Road
and Indian Avenue, and adjacent to the Katherine Finchy School ( 128)
to Hendrickson Construction, Inc. , for $61,678.25 CP88-45,
A#2734.
26. Motion concurring in CRA actions this date. Res 630 - 635. (124)
27. MO 4394 awarding contract to Dennis Thorson Enterprises, Inc.
for electrical modifications at Angel Stadium, for $56,915, ( 115)
CP 89-03, A#2735. (Note: This item was determined eligible
for consideration, and added to the agenda, upon unanimous
approval )
It was moved by Foster, seconded by Apfelbaum, and
unanimously carried, that Resolution 16847 through 16852
and Minute Orders 4383 through 4394, and motion in Item
26, be adopted.
REPORTS & REQUESTS:
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 Tuesday, July 11, 1989, 3 p.m. , in the Large
Conference Room, City Hall .
CL
,_J ITH SUMICH
City Clerk