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HomeMy WebLinkAbout1990 - MINUTES - 5/16/1990 CITY OF PALM SPRINGS CITY COUNCIL riINUTES y - 0IS 9 MAY 16, 1990 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, May 16, 1990, at 7:30 p.m. ROLL CALL: Present: Councilmembers Broich, Hodges , Murawski , Neel and Mayor Bono Absent: None The meeting was opened with the salute to the Flag and an invocation by Rabbi Nicholas Behrmann, Associate Rabbi , Temple Isaiah. REPORT OF POSTING OF AGENDA: Report of City Clerk: Agenda posted in accordance with Council policy on May 11, 1990. PRESENTATIONS TO FORMER COUNCILMEMBERS Mayor presented a framed resolution of appreciation to former Councilmember W.A. "Bill " Foster; and noted that former (070- Councilmember Sharon Apfelbaum was unable to attend the meeting, 001) and a similar expression of appreciation will be given to her later. REPORT OF POSTING OF AGENDA: COMMUNITY REDEVELOPMENT AGENCY: No Business APPROVAL OF MINUTES: It was moved by Broich, seconded by Neel , and unanimously carried, that the minutes of April 18, 1990 be approved. PUBLIC HEARINGS: 1. TAXICAB RATE INCREASE Recommendation: That the Council consider a rate increase request submitted by Desert Cab. Public hearing not required, but opportunity provided for public comment. City Manager reported that the owner of the company (143- requested this matter be continued to the next meeting, 001) due to family illness. Mayor inquired if anyone wished to be heard; there were no appearances. This matter to be rescheduled for June 4, 1990. - y Council Minutes 5-16-90 Page 2 2. CDBG PROGRAM 1990-91 Recommendation: That the Council approve allocation of 1990-91 CDBG Funds., totalling $452,000. Housing Coordinator reported that HUD regulations require a public hearing on the allocation of the funds; that a letter was received from Mildred Zajc thanking the City for funding of the home rehabilitation program, and there were people in the audience who would speak to different requests; that HUD regulates the total allocation and how it can be spent; that the citizens advisory committee held a public hearing, and recommended the allocations contained in the proposed resolution. In answer to question by Council , she stated that there was $135,000 in funds which accumulated primarily because the project to provide transitional housing for the homeless did not proceed, for which $100,000 was allocated, and because several smaller projects did not cost as much as was originally allocated; that it may be several months I know whether the allocation will be $3,000 higher than originally quoted (085- by HUD. 001) Joann D'Amico, Director of Housing Services of the Housing Authority of Riverside, Indio office, stated that the Authority requested $12,000 to support Nightingale Manor, for which other cities have also participated; that there is a partnership arrangement with Catholic Charities; that the maximum stay is 60 days; and that they do not serve drug or alcohol dependents. Minna Allen, 835 Las Vegas, representing seniors of the Highland Gateway Seniors Volunteer Organization, stated that they would never be able to afford to repair their houses without help from the rehabilitation assistance program; that many are seniors, handicapped, and elderly widows, who need to have the plumbing and other things fixed; and requested that funds not be taken away from that allocation. Sally Sherman, 25 Cordova Court, Cathedral City, commented on her positive experience with the rehabilitation program, and help she received when she had a fire at her mobilehome. Rosemary Sweet, Advisory Board of Catholic Charities, explained the purpose of Nightingale Manor, the support it has received through CDBG funds; and stated that even though it is called a family shelter, singles, grandparents, and single-parent family households are housed in the facility; that 8891 nights of shelter were provided in the past 9 months; and that they would appreciate the continued help in operating capital . Eliza Danilley, Program Manager for the County Housing Authority, explained the County program, and explaining how the City contracts with it for its Fair Housing program; that a fair housing program is a requirement to be eligible to receive CDBG funds; that education has been emphasized, and she explained two particular emphasis in Palm Springs, one dealing with child discrimination within the hotel industry, and the other relating to a local newspaper concerning affirmative advertising; that these issue impact the entire valley; that the money is being well-spent; and that the support is needed. The following persons spoke concerning the work of the Desert Aids Project, and in particular, in support of providing some funds for construction of a primary care facility: Council Minutes 5-16-90 Page 3 2. CDBG (Continued) Bill Smith, Executive Director of Desert Aids Project Kathy McCawley, President of Desert Aids Project Ed Diedrick, Executive Director of Morongo Basin Mental Health and Psychiatrist of Rancho Mirage, and Secretary of the Desert Aids Project George Wieman, Board of Director of Desert Aids Project Craig Prater, Director of Resource Development of the Desert Aids Project JoAnne Lopez , Desert Aids Education Coordinator Jay Horwitz , Director of Board of Desert Aids Project Richard Goldberg, representative of Client Services of Desert Aids Project Gordon Cravett, Treasurer of Desert Aids Project Lorraine Lopez, supporter Desert Aids Project Anthony Roy Alexander, volunteer of Desert Aids Project Bob Barrons, Director of Client Services and Counselor for Desert Aids Project Rick Smeadstead, Director of Desert Aids Project Jack Adair, Executive Director of Desert Aids Project Community Outreach Allen Caves, Vice-Chairman of the Coachella Valley Housing Coalition, stated that the Coalition requested a grant of $50,000, to implement the third phase of the self-help housing program; that the City was recognized by various State agencies for its self-help housing efforts; that it is a cooperative effort which provides housing for low-income families; that an increase in property values occurs wherever the self-help homes are built; that it is not a giveaway program, but a sweat-equity program; that $100,000 was requested, and $50,000 suggested by the Committee; that less money would result in fewer houses, possibly causing the houses to become less affordable, and cause a lapse in the program. Pam Maloof, Director of the Palm Springs Youth Center, introduced Pat Suego, treasurer of the Youth Center, who stated that since the formation of the Youth Center 40 years ago, this is the first time that the Center has requested money from any agency; that the charges for membership are kept low to allow all youth to join; that a new roof is needed; and that the money would be appreciated. Kathryn McMillan, 330 Val Monte Norte, Catholic Charities Program Director, requested reconsideration of funding for the Right-on, Right-Now Drug Program at Desert Highland; that chemical dependency causes dysfunctional families; that any amount the City could fund would be appreciated; that the program brings the neighborhood together; and that education and counseling needs to be addressed. James Jesse, Director of the Desert Highland Community Center, stated that a request for funds had been made to improve the park area of Desert Highland; that the recommendation was supported by the committee; that the funding is needed; that any shortage would delay the program for another year; and that the total recommendation by the committee should be accepted. - Council Minutes 5-16-90 Page 4 2. CDBG (Continued) Chief Don Burnett, Palm Springs Police Chief, stated that a community project officer was needed in the Desert Highland area to increase response time; that an officer needs to be dedicated to the area; and thiat the funding would cover one-half of the cost. Ernest Falkner, 1086 Paseo de Maria, spoke in support of the Community Center at Desert Highland; and stated that the funding is for prevention; that the Council must be affected by the testimony given in support of the Aids project, but that this community park will help the young people to get out and get involved in other things, so that in later life they will not have to be treated for this disease. Ernest Noia, 429 E. Tahquitz, President Palm Springs Senior Center, stated that even though the Center was not recommended for the full amount it requested, the Board is willing to work with what was recommended; and appreciates any help it receives. There were no further appearances, and the hearing was closed. Resolution 17119 as recommended was presented; after which, it was moved by Broich, seconded by Hodges, and unanimously carried, that R17119 be adopted, subject to the Following amended allocations: Home Rehab/Sr. Home Repair $92,000 Self-Help Housing Land Acquisition $48,000 Baristo Park Improvements $35,000 Desert Aids Project Primary Care Facility $15,000 and that if the allocation from HUD is greater than expected, the additional amount be allocated to the Desert Aids Project. 3. ZTA 5.0400 - SIGNS, NEON AND ARCHITECTURAL ADVISORY COMMITTEE On March 21, 1990, the Council approved a series of amendments to the Zoning Ordinance, and delayed three recommendations to permit a more focused review. Planning Director reviewed the memorandum of Director (103- of Community Development, which was reviewed in detail 038) at the last study session, and described each change, i .e. , that the definition of signs be changed to require approval of lighted signs back 10 feet from the window instead of the existing 3 feet; that the prohibition of exposed neon tube be lifted, and such media be permitted for signs under certain criteria; and that the Architectural Advisory Committee membership be reduced from seven to five members, with a sixth, non-voting member to serve as Chairman. He stated that the DBIA, as well as John Jerde, supported the use of neon; and that the action relating to the AAC is consistent with an action plan developed by the Planning Commission, and endorsed by the Council . Council Minutes 0 9 3 5-16-90 Page • 5 3. ZTA 5.0400 (Continued) Mayor declared the hearing opened; there were no appearances; the hearing was closed. As a result of discussion , the ordinance was modified to amend only the sections of the Zoning Ordinance to allow the use of the exposed neon tube, as recommended by the Planning Commission; after which, it was moved by Broich, seconded by Murawski , and unanimously carried, that further reading be waived. It was moved by Broich, seconded by Murawski , and carried by the following vote, that the Ordinance to allow the use of exposed neon tube signs as recommended by the Planning Commission be introduced for first reading; that the recommendation to amend the definition of signs be rejected; and that the recommendation concerning the Architectural Advisory Committee be returned to the Planning Commission with recommendation to consider the elimination of the Committee: AYES: Broich, Hodges, Murawski & Bono NO: Neel ABSENT: None 4. DELINQUENT WASTE DISPOSAL SERVICE ACCOUNTS Recommendation: That the Council authorize placing delinquent residential waste disposal services accounts for fiscal year ending June 30, 1990 on the tax rolls. Councilmember Broich stated that he would abstain since he does not favor mandatory service and his account is (140- on the list. 005) Director of Finance highlighted his memorandum, which was reviewed in detail at the last study session. Mayor declared the hearing , opened; there were no appearances, and the hearing was closed. Resolution 17120 as recommended, was presented; after which, it was moved by Neel , seconded by Murawski , and unanimously carried, Broich abstaining, that R17120 be adopted. 5. CATHEDRAL CANYON BIKE TRAIL - EASEMENT VACATION Recommendation: That the Council order the vacation of portions of the Cathedral Canyon Bike Trail easements, pursuant to previously approved agreement with Falcon (109- Lakes and Stewart Title Company. 004) Director of Community Development highlighted his report, and noted that exchange easements for the new location have been received and recorded. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. Resolution 17121 as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R17121 be adopted. Council Minutes 5-16-90 Page 6 6. CONFLICT OF INTEREST CODES - COMMUNITY SERVICES & PROMOTIONS DEPARTMENT & VISITORS & PROMCTIONS BOARD Recommendation: That the Council approve new Conflict of Interest Code for the Visitors & Promotions Board; (060- and revised code for the Community Services & Promotions 060 Department. 24 City Clerk highlighted her report, and rioted that the 063- department code was amended to reflect the tourism division 001) aspects; and the Board' s code requires reporting categories limited to the activity of the Board. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. Minute Order 4567 as recommended, was presented; after which, it was moved by Murawski , seconded by Broich, and unanimously carried, that MO 4567 be adopted.. PUBLIC COMMENTS: a) George Goldberg commented on the loss of the RV element from Palm Springs, and the ordinance prohibiting parking RVs in residential areas, and uncorrected violations, and suggestion to build an RV park at the north entry to the City. b) Bob Riddle, Golden Palm Villa Hotel , stated that he is not opposed to the rebuilding of the Canyon Hotel project, however, it is his understanding that the (101- new name will be Golden Palm Resort & Spa, and asked 007) that some other name be used, as it infringes on his business. c) Bill James, Attorney, 400 S. Farrell , representing Henry Frank, owner of property on Palm Canyon, asked questions concerning the CBD master developer issue, i .e. , whether Mr. Wessman could come back into the project later, unduly influencing his own project; whether the P.S. Classic seed money has been repaid; (101- whether the Council had read the proposals; that Mr. 007) Franks owns a large parcel , and thought he should have been given more consideration than just a master developer, and asked that Council consider alternative to have property owners involved in the project. d) Carolyn Toenjes again asked that the Council consider taking action to oppose the spraying of malat:hion in the Coachella Valley, and to place the subject on its agenda. e) Rolph Arnhym, Chamber of Commerce, stated that, if the Council 's intent concerning Item 8 is to provide funds to allow expanded library services on Saturdays (099- and Sundays, the Chamber supports that effort; however, 005) it does not support establishing visitor services two blocks away from the Chamber where it is already being provided; and questioned why Community Promotion funds are being proposed for the library, instead of giving added boost for business this summer. Council Minutes V �y 5-16-90 Page 7 f) Lee Forest, 1712 Sandalwood, reported that residents of the Sagewood Condominiums have been harassed by representatives of Questmark as to the CcunciI ' s decision, and its project. Mayor stated that staff will follow-through on this matter, and that the residents should not be pestered, since the project was denied. g) Ken Glassman, Rancho Mirage, stated that a review of the April 18, 1990, City Council meeting indicated (054- that the hearing was not closed by the Mayor and there 004) should have been a continuation of it to this date; that on March 1, 1989, the City Council endorsed the raceway, proposed CUP, and zone change application before the County; that the City Attorney should explain any legal obligations to the developer; that he questioned who or what is driving the staff to pursue the raceway; that in his opinion no one wants the raceway, and that such opposition is increasing; and that Council makes policy, and the staff only implements it. h) Jeremy Crocker, 330 W. Arenas, stated that the staff approach has been misguided; that SENCA is a real estate division of a Shale Energy Corporation of America, and the organization chart might indicate that it is the "Two Guys Production Company;" that (101- SENCA did not finance the Convention Center; that 007) it was given $365,000 to develop the Palm Springs Classic, which did not materialize; that requests have been heard from the public to have more information, but none is forthcoming; that the developers will take the plan and look for someone who has the money to complete it; and that if a city maintains an equitable municipality, those with real money will seek it out. i ) John Wyser, 3395 Avenida Fey Norte, commented on the placement of the CBD Master Developer issue on the agenda, and stated that previous agreement with SENCA for the P.S. Classic was similarly placed on the agenda (101- when it was approved; and asked whether the funds 007) spent for that project will be repaid, whether SENCA can be trusted, whether the proposal is legal . j ) Allen Barrett 82 Rhonda Road, spoke satirically about development, businesses, and individuals from an economic point of view. k) Jack Norrie, 1247 San Lucas, stated that the raceway could be a benefit to the community, attracting people (101- from all over Southern California, creating jobs, 007) and increasing revenue for local folks. 1 ) Bill Byrne, 301 Overlook, stated that the Council should review the previous Council action concerning the raceway; that City staff has been pushing for (054- the raceway; that the area is a window to Palm Springs, 004) and if it is to be annexed, the area should extend north of I-10; that he questioned whether the original petitioners are still residents of the area; and that the issue will result in a July timeframe, when people are not here. Cuncil 096 5-16-90 Paget 8 (Continued) City Manager stated that the question of annexing north of I-10 is being pursued, however, it is within the sphere of influence of another city, and a different process must be followed; and that the petition process merely starts the annexation proceedings, and for the inhabited area, approval will be subject to a vote of the electorate affected. m) Kurt Handshuh, Chairman of the VPB stated that the (099- Board and the DBID support the expanded library service 005) proposal . n) Shirley Barker;, 158 Fondulac, questionied whether Mr. Wessman was required to file a performance bond in connection with his project. o) John Handle, 780 LaVerne Way, Five-Times Promotions, stated that he has not been able to obtain a conditional use permit to have sanctioned boxing events in Palm Springs; that Jimsair was tried, but they received a ""runaround"" by city agencies - parking, traffic, fire - and asked to be directed to the proper source to obtain a concise answer; that Jimisair completed over $20,000 in improvements, and then cited by the Fire department, with no guarantee thiat a CUP will be granted. City Manager stated that his office will follow-through with Mr. Handle to determine the problem. p) Howard Lapham, 577 E. Sunny Dunes, stated that he considers Mr. Wessman to be the only partner of merit of the proposed P.S. Vision; that Birtcher•-Campbell (101- has a fine background in redevelopment, and is one 007) of the top developers in Caifornia; that the Council should not act on the issue until after it has seen his proposal for the "renaissance" project which is scheduled for the next study session. q) Robert Fey, 2000 Madrona, stated that he has tried for several years to relocate his business, however, the burden of requiring a CUP to move his office to a location in the CDB is an excessive process, and high fee, and asked that the procedure be streamlined. r) Tom Brady, 2031 N. Via Las Palmas, expressed opinion that more shade trees should be planted when projects are approved. LEGISLATIVE ACTION: 7. ANNEXATIONS 24 & 25 - ENVIRONMENTAL ASSESSMENT Recommendation: That the Council approve agreement with Smith, Peroni & Fox, to prepare an environmental assessment (054- of the proposed Annexations 24 and 25, for $15,600 - A2839. 003 & Planning Director highlighted the memorandum of Director 004) of Community Development, which was reviewed in detail at the last study session. In answer to questions by Council , he stated that the staff also considered the firm of Cotton Beland Associates, Inc. , which is working on the EIR for the raceway, and is familiar with the area; however, the Smith, Peroni & Fox firm was able to move ahead more quickly; that Mr. Peroni will be the principle involved; and that the agreement requires financial disclosure. - - - 09FC Council Minutes 5-16-90 Page 9 7. ANNEXATION (Continued) City Attorney added that the consultant is subject to the same rules relative to conflicts of interest as are other public employees or officials. Statement Concerning Raceway. Councilmember Murawski asked that the Council consider a motion relating to not having any predetermined opinion concerning the raceway, and determine that the matter is eligible for consideration and added to the Agenda; after which, it was moved by Murawski , seconded by Hodges, and unanimously carried, to add the matter to the Agenda. It was moved by Murawski , and seconded by Hodges that the Council resolve that although the prior Council expressed support and direction on the auto race track issue on March 1 , 1989, the membership of the Council has changed since that time, and the current Council wishes to be on record as a body that it has no predetermined opinion at this time, and directs that staff take no action on the issue beyond the normal response the developer is entitled to by the law; and that the Council approaches the annexation of land as a separate issue from the auto race track. In answer to question by Council , City Attorney stated that the proposed action distances the current Council from the previous Council action, and makes it a matter of record that the current Council is indicating that it has taken no position either way, but is separating itself from that action, without prejudging it. He stated that the previous action remains a matter of record, and does not disappear. Councilmember Broich stated that he did not see a significant reason for taking the action, since the current Council has not taken any action either way. Mayor stated that he did not oppose reinforcing the fact that the current Council has not made any prejudgement, but considered it unfortunate to have to over emphasize beyond limits to make that clear. The motion by Murawski , seconded by Hodges, was thereafter unanimously adopted. Minute Order 4568 approving agreement as recommended was presented; after which, it was moved by Murawski , seconded by Hodges, and unanimously carried, that MO 4568 be adopted. 8. WELW00D MURRAY LIBRARY - EXPANDED SERVICES Recommendation: That the Council approve the use of Community Promotion Funds to expand library and library reference/visitor information services at the Welwood (099- Murray Library, commencing July 1, 1990. 005) Director of Community Services & Promotions noted that this matter has been reviewed by the Council , and was discussed in detail at the last study session. She noted that a written plan will be submitted, and the program would not start until after Labor Day, 1990. Council es - 5-16-90 Paget-10 8. WELI'OOD LIBRARY (Continued) Minute Order 4569 as recommended was presented; after which, it was moved by Broich, seconded by Murawski , and unanimously carried, that MO 4569 be adopted, subject to condition that no funds will be expended prior to approval of the plan by the Council .. 9. ADVERTISING - MAHONEY COMMUNICATIONS , INC„ Recommendation: That the Council approve a one-;year agreement with Mahoney Communications, Inc. primarily (050- to publicize special events, effective July 1, 1990, for 001) $84,300, plus reimbursables up to $25,692 - Agr #__. As a result of study session review, this matter will be reviewed again in study session, and re-calendered. 10. CHILDREN'S FESTIVAL - SUSPENSION OF REGULATORY ORDINANCES Recommendation: Than the Council suspend certain regulatory ordinances for event venues during the 1990 Palm Springs (050- International Children ' s Festival , i .e. , noise, sign and 015) zoning ordinances. Director of Community Services & Promotions highlighted her report, which was reviewed at the last study session. Resolution 17122 as recommended was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R17122 be adopted. 11. 4-WAY STOP INTERSECTION Recommendation: That the Council designate. a 4-way stop at Baristo and Cerritos Road/Pavilion Way. This item was reviewed in study session, and no further report was (136- given. 041) Resolution 17123 as recommended was presented; after which, it was moved by Neel , seconded by Broich, and unanimously carried, that R17123 be adopted. ADDITIONAL LEGISLATIVE ITEMS (Satisfied Agenda Posting Requirement) 12A. PHASE I MASTER DEVELOPER (PER JANI-JERDE RFPs) COB AREA: Planning Director reported that over the past fifteen years, there have been a series of redevelopment and other projects downtown; that a series of meetings have been (101- held in the recent past, including "walks" and workshops, 007 ) to analyze where the downtown was at, and where it was going; that the Council retained the Bob Jani firm to synthesize all of the ideas and to develop a concept to bring the downtown into a position of moving into the 21st century; that Mr. Jani died, and John Jerde was retained to work with the Jani firm in completing the vision, which resulted in conclusion that the vision could only be realized with a large-scale developer, and a Request for Proposal process was recommended; that the RFP was sent to over 100 firms, some international ;, that six RFPs were received, two of which were cf master developer status, one a property owner wishing to work in concert with a developer on his property, two related to the north entry to the City area, one to the Soutl Palm Canyon area with Council Minutes 5-16-90 Page 11 12A. CBD (Continued) a major restructuring of the Canyon Hotel ; that the RFP process allowed two months in which to complete the proposal ; that some firms said they were interested, but the timing was not good for them; that staff reviewed the proposals, and met with Jerrie to review them; that staff recommends approving a preliminary development agreement with Palm Springs Vision Consortium/SENCA, and budget funds to cover the City' s share, plus $10,000 for graphic design package. He stated that Birtcher-Campbell is a well-known firm, and is interested in being involved with the City either downtown, or elsewhere; that the Firm has not done anything with a downtown area, submitted a limited proposal , and recommended a number of studies, which staff felt would be time consuming before anything of substance came before the Council ; that the possibility of merging SENCA and Solomon-Adler was discussed at the study session, and it would add to the dimension of the proposal , however, it is not necessary to pursue the other three concept areas at this time; that the SENCA' s role is that of a master coordinator, to put the concept, land, and financing together, and then the appropriate developer -• at which point, Mr. Wessman, or others could be brought to the Council for consideration; that Mr. Frank' s proposal was a focused one, and it was felt a developer could work with the property owner, but it did not fit into the Jerde concept because of its large scale; that all proposals submitted will be looked at, and there is no exclusive being granted, nor authority to have control over anyone' s property - rather to proceed with a master plan; that the RFP reflected a general rating scale to give property owners additional points, however, one did not have to be property owner to submit an application; that the Council is the only one with the power of eminent domain; that the matter was not an added starter on the Council ' s agenda, although the paper work was not completed until May 15; that plans will not have to be submitted to the master developer, rather the normal planning process will be followed and such plans may be looked at in terms of haw they fit into the master plan; that the master developer has no veto power - it rests only with the Council . City Manager stated that it is implicit that the master plan will be approved by the Council , and there may be some projects which will require assistance, but any participation by the City will be based on the Council/Agency' s reasoning and judgement. Planning Director also reported that the Jani-Jerde vision is expected to generate growth, maintain the present scale and not get into highrise; and there may be tax-increment support to the CBD from the outlying project; -reas , based on improvements to the whole community - which would also be the sole discretion of the Council . In answer to question by Council , he stated that the liaison committee' s purpose is to review and evolve the physical layout plans, design guidelines, themes, streetscapes; that appointments would be made by the Council from the recommended designated areas, as well as two at-large members, who might be members of the Council ; and that changes in the makeup of the committee would be subject to mutual agreement; that Jani-Jerde is not involved in the pre-development agreement aspect, and there is no requirement that it be involved; that staff would like to discuss how they might be involved and bring that back to the Council ; and that there is a letter from Wessman, excising him from the project. jQ Council Minutes 5-16-90 Page 12 12A. CBD (Continued) Councilmember Broich stated that he preferred the liaison committee not be limited to any specific category. Councilmember Murawski stated that the Council has spent many hours considering this project, some of which had to be in closed sessions because of the sensitivity of property rights; that the Council did not jump into the decision just at the last study session; that there have been many proposals for improving the downtown; that; he spent the entire day gaining a deeper understanding of the proposal , and suggested the following changes to the agreement: 1) During the 18 month period: (a) Anyone can submit a project and plans through the normal channels. (b) Council will require SENCA to participate with it on reviewing the project. (c) The decision on any project will be at the final discretion of the City Council , not SENCA. 2) SENCA shall make a public disclosure presentation of the project to the Council , press, and public on September 18, 1990 3) Establishment of a 90-day on-going reporting of the progress on the project. Items shall consist of but not be limited 'to: Planning & design Economic progress Land acquisition Potential & actual participants Costs & expenses Such reports may be in open or closed session as deemed appropriate. 4) Examination and approval of "Developers Response to the RFQ & RFP" and SENCA' s "Submittal of April 13, 1990," shall not be a part of the contract. (Refers to Item A of draft agreement. ) Councilmember Murawski stated that the Council should be supportive of the downtown area; that the Council has believed it important to protect; the downtown; that it is time to stop studying the issue, and to move forward with action; that property owners should either choose to join in, or risk being part of another project; that there is nothing in the suggested action to stop property owners from taking the action themselves within the next eighteen months; that the effort; is one that can show results in a short period of time•, and that at this point, the Council has not adopted any plan, and the developer is being asked to return with a successful concept plan for public review on September 18. Council Minutes - - 101 5-16-90 Page 13 12A. CBD (Continued) Councilmember Hodges stated that the suggestion puts the agreement into perspective to make it workable; that her main concern is that people do not have any idea what is being done, in terms of what Palm Springs Vision envisions and is planning to do; that presentations have been made to the Council in closed sessions, and SENCA should have made attempts to contact groups and present plans to the people - held a press conference; that she has had many telephone calls, and she would like to hold a public hearing; that persons who spoke during Public Comments had things they wanted to say, and were cut short; that she would like people to feel comfortable with what the Council is doing, and to move forward together, and she did not think that would happen if action were taken at this time; that she spoke with Birtcher-Campbell , and was told they had not received the RFP or P,FQ from the City, rather they had heard about it from a source in Riverside, and submitted a proposal at the last minute; that the staff contacted them during this week; and that she recommended that a public hearing be scheduled for the next meeting, and during the interim, SENCA take its message to the community as to why it should take on this project. Councilmember Neel stated that he hoped the project would end years of bickering, and he favored action at this time. In answer to question by the Mayor, Robert Sheldon, SENCA, indicated from the audience that there was no problem with the suggestions of Councilmember Murawski . Mayor stated that since he was elected he has heard from people that they want something done about downtown, and it is the number one priority; that plodding along will not solve it, and in the current situation, retailers cannot survive many more months; that the Council has been looking at ways to increase cash flows, and provide a sound financial base, and without that there will not be any revenues; that revenues will have to come from somewhere just for the city to exist; that the community' s needs will continue and the demands for revenues will worsen; that down valley communities are growing because they developed master plans to build around what was needed; that Palm Springs was built fifty years ago, and developed in a piecemeal fashion ever since then; that when efforts are ready to move forward as people have said they want to do, all of the reasons why they should not move forward are raised, which stops that forward motion; that the proposed project is not a fly-by-night effort, but the result of long, hard work to get a master plan; that it is a bold step, and reshaping downtown cannot be done without bold steps, or taking risks; and that the Council and community need to create a product that will encourage everyone from all over the world to come to Palm Springs. Councilmember Broich stated that although there was not a public hearing, per se, he has heard repeatedly for eighteen years that something must be done about down- town; that previous efforts went so far, and then stopped; that there have been task forces, workshops , and downtown meetings which can be considered public hearings, but nothing has happened; and asked that the Council unanimously endorse moving ahead. - 102 Council Minute 4 5• 16-90 Page 12A. CBD (Continued) Councilmember Murawski stated that he wanted everyone to feel comfortable and understand what the Council is doing; that he has seen Mr. Lapham' s proposal , and if it can be put together, the subject project will not affect that, nor prevent it from occurring or moving forward in the next eighteen months; that because of property rights, there was a certain amount of information that the Council needed to hear in closed session; that the proposal -is not specific, and the action calls for the plan to be crystallized, shown to the community, and who will be involved; and that he, too, asked -For a unanimous approv_'. . Resolution 17124, approving agreement with Palm Springs Vision, subject to revisions suggested by Murawski as noted above, and deleting specific categories for a liaison committee, and Resolution 17125 amending the budget as recommended, were presented; after which, it was moved by Murawski , seconded by Broich, and unanimously carried, that R17124 and R17125 be adopted. MAYOR DECLARED A RECESS, and upon reconvening, business resumed as follows. South Palm Canyon Area: Planning Director reported that the same pre-development agreement draft would apply to the Canyon Development, L.P. , and the RFP and RFQ reference would also be deleted. It was the consensus of the Council that the project is very upscale, self-funded, and should proceed through normal planning channels, and a liaison committee was not necessary. It was moved by Broich, seconded by Murawski , and unanimously carried, that R17126 approving the agreement, deleting the reference to the RFP and RFQ, and deleting reference to a liaison committee, be adopted. 12B. PD 204 CONARD COLE - FINAL PLANS Recommendation: That the Council approve final development plans for a 101-unit elderly board and care facility on Vista Chino between Sunrise and Avenida Caballeros, Section 11. This item was reviewed in study session, (116- and no further report was given. 071) Resolution 17127 as recommended, was presented; aifter which, it was moved by Broich, seconded by Murawski , and unanimously carried, that R17127 be adopted. CONSENT AGENDA: 13. Res 17128 declaring intent to vacate portion of frontage road, known as Lot T, in Desert Highland Estates Subdivision, Section ( 145- 34, and setting public hearing for June 20, 1990. 001 ) 14. Res 17129 declaring intent to vacate portion of the right of way dedicated for Ramon Road, Section 22, and setting public (145- hearing for June 20, 1990. 001) Council Minutes V 5-16-90 Page 15 15. Res 17130 and 17131 approving Engineer' s Report and Declaring Intention to form Parkways & Lighting Maintenance District 7 (138) (Tract 17642-2, Sunrise Norte); and setting hearing thereon for June 6, 1990. 16. MO 4570 approving agreement with CMSI to provide a comprehensive (117- review of the Community Development Department computer needs, 006) and a master plan for accomplishment of departmental goals. 17. MO 4571 approving letter agreement with Conrad & Associates (058- to perform the 1989-90 financial audit for the city, including 001) CRA, Public Facilities, and single audit examination for grants, for $42,930 - A2842. 18. MO 4572 awarding bid for annual chlorine requirements for (127- the WWTP to Jones Chemicals, Inc. , at $341. 50 per one-ton 001) cylinder. 19. Res 17132 approving a subrecipient agreement with the P.S. (085- Senior Center for $100,000 of CDBG funds to remodel the former OOP) Braille Building, currently leased to the Senior Center as its new location - A2843. 20. Res 17133 approving filing grant application for Roberti 'Z'Berg-Harris grant funds of $11,599 to apply toward (109- construction of restrooms and concession stands at DeMuth 005) Park. 21. Res 17134 and 17135 approving Payroll Warrants & Claims & (086) Demands. It was moved by Broich, seconded by Murawski , and unanimously carried, that Resolutions 17128 through 17135 and MO 4570 through 4572 be adopted; Broich and Hodges abstaining on Resolution 17135 (warrant payable to Ms. Hodges ' employer, and warrant co-payable 'to Mr. Broich and Hoffman Motors for a damage claim) . 22. PD 191 (PALM CANYON PLAZA) - FINAL PLANS EXTENSION Recommendation: That the Council approve a retroactive 12-month time extension for final development plans for PD 191, a resort hotel on the NE corner of South Palm Canyon and Mesquite (Palm Canyon Plaza) , new expiration (116- date: January 3, 1991. 057 ) Planning Director explained the planned development district process, and stated that the proposed action is discretionary; that the extension related to the third reiteration of the plans, which he displayed and explained. Councilmember Murawski stated that he is opposed to any future development of hotels, except destination resort hotels; that this project has been in the works for a long time; that the architecture is massive; and that he has a problem of simply adding more rooms to the hotel stock. City Manager stated that it has been the usual practice to honor extensions requested by developers, and has been an important act of credibility with the development community; that the subject project has involved For the developer an investment of $1 million, more or less, to date; that it is a quality project; that the developer has struggled with securing financing, and to deny the extension in order to allow him to continue to secure that financing, after making such a large investment, would send an adverse message to the development community. n Council Minutes j L1� 5-16-90 Page If 22. PD 191 (Continued) Councilmember Broich stated that the Council has ibeen talking about master plans, and trying to increase revenues; and that this project is a big improvement to what is now a blighted area. Councilmember Neel stated that the project is upscale, and would be an asset to the area. Resolutions 17136, as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and carried by the following vote, that R17136 be adopted: AYES: Broich, Hodges, Neel & Bono NO: Murawski ABSENT: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests - None PUBLIC reports or requests: a) Jeremy Crocker, 330 W. Arenas Road, requested that the City look into the possibility of restoring the outside patio behind the Welwood Murray Library, until Mr. Wessman completes his project; and stated that he did not find any approval of a concrete block planter (099- near Louise' s Pantry, but one is being built, which 005) he considered to be useless public space, instead of using private property for that purpose. STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. JUDITFI SUMICH City Clerk