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HomeMy WebLinkAbout1990 - MINUTES - 7/25/1990 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 25, 1990 An Adjourned Regular Meeting of the City Council was called to order by Mayor Bono in the Council Chamber, 3200 Tahquitz-McCallum Way, on Tuesday, July 25, 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 Rev. LaVeta Dillman, Chapel on the Way REPORT OF POSTING OF AGENDA: Report of City Clerk: Agenda posted in accordance with Council policy on July 20, 1990. COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency. INDUSTRIAL DEVELOPMENT AUTHORITY: Mayor declared the meeting adjourned for the purpose of convening as the Industrial Development Authority APPROVAL OF MINUTES: It was moved by Broich, seconded by Neel , and unanimously carried, that the Minutes of June 6, 12, 20, 26, July 4, 11, and 18, 1990 be approved. (NOTE: Items 3 and 22 are shown in agenda order, but were actually taken out of order, and conducted as the first two items of business. ) PUBLIC HEARINGS: 1. PARCEL MAP 26089 - TENTATIVE MAP Recommendation: That the Council approve tentative parcel (119- map 26089 to combine 12 lots into one parcel for property 001) on Indian Avenue, between Las Vegas Road and Corozon Avenue, C-1, Desert Blind Associates, Inc. Director of Community Development highlighted his report, which was reviewed in detail at the last study session, and stated that the subdivision is associated with a previously approved conditional use permit for a commercial project on the property, which contains approximately 3 acres. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. Resolution 17198, as recommended, was presented; after which, it was moved by Broich, seconded by Hodges, and unanimously carried, that R17198 be adopted. Council Minutes 7-25-90 Page 2 - 2. PARCEL MAP 26341 - TENTATIVE MAP Recommendation: That the Council approve tentative parcel (119- map 26341 to create four single-family lots on property 119- fronting on Caliente Drive and Madrona Drive, generally 001) north of Sierra Way, R-1-C, Madrona Ventures. Director of Community Development reviewed his report, which was highlighted at the last study session, and noted that the lots will be 25% larger than minimize size for the area. Mayor declared the hearing opened; there were no appearances, and the hearing was closed Resolution 17199 as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R17199 be adopted. 3. INTERIM ORDINANCE EXTENSION - CANYON HOTEL AREA Recommendation: That the Council extend the interim ordinance limiting the issuance of building permits, or acceptance of applications therefore, for the area in and around the Canyon Hotel for up to 10 months and 15 days. (103- Director of Community Development reviewed his report, and stated that the Council approved a moratorium for the area, under an urgency ordinance which is effective for 45 days from its adoption, and which - may be extended for up to 10 months and 15 days, following a public hearing and by a 4/5 vote; that the additional extension is recommended to permit time in which to determine potential general plan and zoning issues, and circulation system amendments in conjunction with the planning process for the "vision" proposal for the development of the Canyon Hotel Area; that since the adoption of the urgency ordinance, the Andreas Palms Tract has been deleted from the moratorium area, based on discussions which concluded that the project can be worked around that area, and there will be no interference between the two; that conceptual plans have been seen, but not officially submitted; and that the proposed ordinance was reviewed to add language to the "urgency" provision of the ordinance, which he read. He also stated that the ordinance does not need to remain in effect for the full term, and may be repealed at the discretion of the Council . Mayor declared the hearing opened. Richard Zeilenga, for DeCastro, West, Chodorow & Burns, Inc. , representing Canyon Cove Development, owner of nine lots in Tract 16149, expressed strong objection to the extension of the ordinance, on the basis of it being unfair, unjust, and illegal . He stated that the he believed there are serious errors in the process followed, and read section 65858C of the Government Code, contending that the ordinance did not make the necessary findings prescribed by the Code; that the proposed project does not constitute an immediate threat to the public, and that the facts do not support a "current and immediate" threat; that he did not believe the staff report constitutes the required written report; that nothing has been done since the urgency ordinance was adopted; that the only threat is the taking of his client' s property, in which his client has made a substantial investment, and is ready to begin building; that the developer has offered less than what was originally offered; that the developer should not be given the edge or control over the price of the land; that the area is not blighted, and that such contention will be challenged. Council Minutes - - �` 7-25-90 Page 3 3. INTERIM ORDINANCE (Continued) Bob Bittle, 1001 Andreas Palms Drive, expressed appreciation for the exclusion of the Andreas Palms Tract, and stated that he has concerns about the height of the hotel , in terms of placement of the buildings, and the alignment of the peripheral wall . Terry Rudd, Box 4083, Palm Springs, stated that a lot of property owners have not been notified, or could not be present; that there are a number of owners who are willing to sell , and the developer should be ready to buy; that there are variables which determine the price of the lots, yet the developer offered one price for parcels north of a certain point, and one for those south of that point. Marjorie Gandleman (?) 3600 Bogert Trail , stated that: she has owned her property since 1978, and did not receive notice of the hearing; that she understood Bogert Trail was to be realigned; that she wanted any rerouting to be safe, well lighted, not heavily travelled; and that notice be given to provide opportunity to speak, about what is going to happen in the area. Joseph Solomon, representing Canyon Development LP, stated that he accepted the last offer of Canyon Cove which was sent to him by FAX; that the hydrology of the site precludes placing the hotel and the golf course on any other piece than that owned in part by Canyon Cove; that he believes the area qualifies for redevelopment; I'hat information has been provided to the Council as to what is being proposed; that some lots were purchased for $40,000 last year, as well as an offer from Canyon Cove to sell at $35,000, which he turned down because the specifics of the project were not clear enough to know at that time which parcels were needed since the hydrology study was not complete; that the hotel must be rebuilt; on Indian-owned land, and on such land owned by the same allottee(s) who own the lease for the existing hotel ; that they do not intend to make anyone a scapegoat for land they need to acquire; that without the Canyon Cove parcels, the hotel cannot be built, and they will purchase the lots in a quick and timely manner; Bruce Norris stated that he spoke with Mr. Solomon about acquiring his property, and a cash offer, has diminished from 100% to 50%, and will continue to do so as Mr. Solomon' s position is enhanced. Mr. Solomon stated that even before the need for the Canyon Cove lots for the hotel became apparent, Mr. Norris' lots were not suitable for the golf course, and would have been used for landscaping, walls, etc. , as might be approved in the plans processed through the City; that he did not send any threats to property owners, and dirt send one letter that the city was considering something, and to let people know that something was going on, and not leave salespeople in the position of selling property that might later be purchased; that he needs the City's support to buy all of the parcels; that Mr. Norris offered 30 lots at one time for $65,000 and is now asking $112 ,000, which may be today' s fair market value, but he should only be penalized so much, and those discussions should occur outside of the Council meeting. Council Minutes 7-25-90 Page 4 - - (1 1 3. INTERIM ORDINANCE (Continued) Earl Johnson, 3683-A Andreas Hills Drive, stated that an ad hoc committee has been formed to gather opinions from people in the area, and the response has been enthusiasm; that a master homeowner' s association is being formed; that some people may be hurt in the process of the buying and selling, and he hoped that the developer and others involved can settled it amicably. Abe Loehman stated that he has added value to his lot; that he did not think the hotel was an issue because he thought the city owned the golf course; that he did not think the City should act as an agent for the developer, rather that the free-market should dictate what happens; that the offer he received indicated it was subject to subordination, which caused him to question the financial condition of the developer. Celeste Victoria read a letter from Harold Preeman, a copy of which is on file, expressing concern that the developer has not indicated that current leases will be extended beyond the year 2031. Mr. Solomon stated that there will be no subordination, that they own the sublease and there will be no extension. Carlos Vignon, real estate developer, stated that he has an interest in several lots in the area; that he made a written offer which he understood would be acceptable to Mr. Solomon, but Mr. Solomon did not sign it; that he considers Mr. Solomon' s offer this date a form of showmanship, since the offer must be in writing; that banks and savings institutions will not loan funds on leased land unless there are less than 40 years remaining on the lease; that there are 41 years remaining, and a further delay in acquiring the lots, will render them unable to be financed; that the moratorium presents a windfall for the developer, and will have an indefinite escrow, no deposit, no guarantee, and a guaranteed seller in the end vis-a-vis, eminent domain. He contended that three members of the Council have a conflict of interest in that they own property within a 12 mile area around the project area, and he read sections of the Government Code pertaining to financial interest. Assistant City Attorney stated that a Councilmember having a financial interest in property within , 400 feet of the subject property would be required to abstain; and that if that conflict existed to such an extent as to prevent action, then enough members with the conflict would be drawn by lot to overall equal a sufficient number of members to vote on the matter, even though the conflict existed. Zelda Siegel , 1650 Ridgemore Drive, stated that she has lived in the area for 20 years, and is in support of the project, and would like it to proceed. Paul Hare, 1453 Versailles, stated his opinion that the project will benefit all of the community; and that in other eminent domain proceedings in which the City was involved, the property owners received above fair market value, and in some cases additional funds for relocation expense. Council Minutes 7-25-90 Page 5 3. INTERIM ORDINANCE (Continued) In answer to comment that the Council does not have a redevelopment area; Director of Community Development stated that the moratorium is being considered under provisions of the Government Code, in that there is a preliminary plan which may be inconsistent with the General Plan, and amendments to that Plan have not been formulated, hence the moratorium provides a reasonable time in which that may occur. Mr. Zeilenga suggested that if Mr. Solomon is prepared to buy the properties, the Council should require that he do so before the expiration of the current moratorium, on August 4, and at that time, see how far he has gone. Terry Goldsten asked what kind of agreement the City has with the developer, and that a condition be imposed 'that the developer pay fair market value plus expenses paid, and that he proceed in a timely fashion. Bobbie Kitchura (?) Andreas Hills, spoke in support of the project, and stated that it will financially benefit the community, and provide jobs. There were no further appearances, and the hearing was closed. In answer to question by Council , Assistant City Attorney stated that the staff report was prepared more than ten days before the expiration of the interim ordinance, and contains information to comply with the statutes; that there has not been many things done, but there also has not been much time that has lapsed; that the reports states what has been done, as well as what is contemplated, and meets the requirements of the law; that it neither was, nor is, necessary that the property owners be notified individually of the hearing (only requires publication) . Councilmember Hodges stated that a letter could have been sent to property owners during the past 35 days, even though it was not legally required; that she was very excited about the project, and wants to see it happen; that she has concerns for the property owners involved; that she would like to delay the decision until July 31, and during the interim see what Mr. Solomon can do to make a substantial number of, and legitimate, offers and enter escrow. In answer to question by Council , Director of Community Development reported that the Council may repeal the ordinance at any time during the ten month period. Councilmember Murawski stated that he would like to have the developer come back in September, and give a progress report; that with the ability to repeal the ordinance at any point, the situation is not as difficult as it might be; that the entire community must also be considered; and that he supported continuing with the process. City Clerk read title of Ordinance 1353, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING AN INTERIM ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO RESTRICT THE ISSUANCE OF ANY PERMIT FOR A NEW OR EXPANDED STRUCTURE OR ACCEPTANCE OF ANY APPLICATION FOR ARCHITECTURAL APPROVAL, CONDITIONAL USE PERMIT, PLANNED DEVELOPMENT DISTRICT, TENTATIVE OR FINAL TRACT MAP, ZONE CHANGE, OR ANY OTHER REQUEST FOR ACTION BY ANY CITY AGENCY WHICH WOULD APPROVE ANY BUILDING OR CONSTRUCTION IN THE SOUTH PALM CANYON AREA FOR A PERIOD OF TEN MONTHS AND FIFTEEN DAYS. Council Minutes - - - � 7-25-90 Page 6 3. INTERIM ORDINANCE (Continued) It was moved by Broich, seconded by Neel , and unanimously carried, that further reading be waived; and it was moved (133- by Broich, seconded by Neel , and carried by the following 006) vote, that Ordinance 1353 be adopted as an urgency measure: AYES: Broich, Murawski , Neel & Bono NO: Hodges ABSENT: None PUBLIC COMMENTS: a) Paul Selzer, attorney, Best, Best & Krieger, representing (133- Smoke Tree Ranch, regarding Item 4, stated that the ) proposed South Canyon Survey Area includes much of the area to the east of the extension of Toledo, which is owned by Smoke Tree Ranch; that the Ranch wants to see that area remain open space forever, and would oppose any development in the part of the area it owns; and asked that everything east of Toledo be deleted from the survey area. b) Dee Masters, Director of the Village Center for the Arts, 533 N. Palm Canyon, asked that the Council reject the recommendation in the proposed public art guidelines 001} concerning rotation for use of the Frances Stevens Park area, and allow the Center to continue with its art fairs in November and on the President' s weekend in February; that the Desert Art League only uses a post office box address in Palm Springs; and that their proposal is endorsed by the Gallery Association. c) George Goldberg asked that the new city attorney not be from out-of-town; commented on the discussion the Council had concerning RVs; commented on employee expense reports; and his opinion that the city only needs one city manager and one city attorney. d) Paul Kamins, 2480 Palo Verde, regarding Item 9, spoke (114- in support of the Village Center for the Arts request ) to continue its art fairs on the dates noted, and not allow the rotation plan. e) Shirley Barker, 158 Fondulac, President of the Citizens of Palm Springs, urged the Council to deny any rate (143- increase to Desert Cab, and to remove the Airport 001) exclusivity clause; that any increase could have an adverse effect on the Coachella Valley and the tourist trade, and place a burden on senior citizens; and that other cab companies should be allowed to pick up fares at the Airport. f) Ted Gropher, Executive Director, DBID; Bill Marzone, (050- President of the Hotel Association; and Lee Haven (?) 001) general manager Desert Fashion Plaza and Desert Plaza Merchant Advisory Committee, each spoke in support of the Council ' s approval of Item 25C, regarding song rights to "I had the time of my life. " g) Allen Bayrack stated that he has serious misgivings about a carte blanche expansion of the convention center; that the Council should not be "blackmailed," and that there should be competitive bids. r Council Minutes 7-25-90 Page 7 h) Bill Mayer, A Valley Cabosine, stated that he would be happy to drive cab in Palm Springs 24 hours per (143- day at a $1.85 rate; that he was informer,) by the Airport 001) that his permit was in jeopardy; that he feels harassed by Airport security; and that touristsdo not understand the cab situation. i ) Jeff Anderson, driver for A Valley Cabosine stated (143- that the current operating conditions are not acceptable; 001) that he is harassed with threats of arrest, visual solicitation; that tourists do not understand why his cab cannot pick them up at the Airport; that passengers are paying for long waits; that Desert Cab is licensed to operate in Palm Desert at $1.85 per mile, and its cabs only come back empty because its dispatch returns them before they can pick up a fare. j) Bob Gellis, 685 E. Vista Chino, submitted and read a "petition" requesting the Council to deny any rate (143- increase request by Desert Cab, and remove the 001) exclusivity clause. 4. CANYON HOTEL & ENVIRONS SURVEY AREA (133- Recommendation: That the Council adopt action to designate 006) the Canyon Hotel and environs as a Survey Area, for redevelopment project area study purposes. Director of Economic Development reported receipt of letter from the Tribal Council , expressing its willingness; and desire to work with the City Council and all parties involved, with the understanding that if the interim ordinance is extended and the survey area is initiated, that no final action be taken until a joint session between the two entities is held in early September; and he recommended that the staff be directed to work with the County to see if it is interest in exploring the portion of the survey area that is outside of the City, with the possibility of developing a JPA for that purpose, as well as working with the Agua Caliente Development Authority. Councilmember Hodges questioned why the Smoke Tree Ranch area was not eliminated from the Survey Area, and she did not believe there was any intent that it would be under redevelopment. Councilmember Broich stated he agreed, however, felt it would be appropriate to do so when the smatter came back for final action. Resolution 17200, as recommended, was presented; after which, it was moved by Broich, seconded by Murawski , and unanimously carried, that R17200 be adopted. 5. DESERT CAB On July 11, 1990, the Council continued consideration of (143- information presented by Desert Cab, concerning removal 001) of part of the exclusivity provisions of the License Agreement, and why previous action to be effective September 15, 1990, should not stand. Council Minutes 7-25-90 Page 8 5. DESERT CAB (Continued ) Councilmember Broich stated that he needed additional time in which to review the information, and requested that this matter be continued until September. Councilmember Hodges stated that she has additional questions, which she will submit to Desert Cab for a response. It was moved by Broich, seconded by Murawski , and unanimously carried, that this matter be continued to September 5. 6. PALM SPRINGS GOLF COURSE - FOOD CONCESSION CONTRACT AMENDMENT Recommendation: That the Council approve Amendment 2 to (092- food concession lease agreement with Norm Nissen, to extend 002) the agreement on a year-to-year basis, up to five years, under certain conditions - A2224. Director of General Operations reported that this matter was reviewed, and a revision suggested, at the last study session; that Mr. Nissen is agreeable to the revision and has signed a revised amendment, which provides five, one-year extensions, subject to 30-day cancellation, and a buy-out of the liquor license at $6,000 if the City cancels the agreement. Minute Order 4608, as recommended, was presented; after which, it was moved by Broich, seconded by Hodges, and unanimously carried, that M04608 be adopted. 7. PSDRCVB - FURNITURE, FIXTURES & EQUIPMENT LOAN (050- Consideration of authorizing a loan, not to exceed $40,000, 00$) at 10% interest, to the P.S. Desert Resorts CVB, as a proportionate share of the cost of needed furniture, fixtures and equipment for the its new quarters. Acting City Manager reported that four cities have committed to share in the funding; that the orders for the equipment were placed in June, and delivery is expected momentarily, and the CVB is not interested in buying the furniture currently on loan to it from Palm Springs' former CVB; that the Tourism Director made a similar offer last June. , Councilmember Murawski stated that without the contribution that the City has already made, the entity would not exist; that the loaned assets were given for two years for $1 per year; that he did not consider it appropriate for the City to share in the additional contribution in light of its own financial situation; and that the note is unsecured. Councilmember Hodges stated that she has a. problem with loaning funds based on an unsecured note, for any reason. Councilmember Broich stated that he did not think the entity acted prudently, and is an expense that should not have been put before each city to pay. Mayor stated that an essential item is unity between the cities and support for interaction for tourism and tourist dollars; that he understood the viewpoint about the money, and perhaps inequity, but it was not the same as that which existed two years ago when the City financed CVB activities at $1.9 million, and has since been reduced to $450,000; that it is the Council ' s choice to participate in the request, and if it chooses not to do so, he hoped that action would not be taken as to start a valley competition. Council Minutes 7-25-90 page 9 7. CVB (Continued) Councilmember Murawski stated that if the action were to give more money, and every city were doing so, he would consider that; however, he could not view it from that perspective since he did not consider the action prudent for the Council in dealing with the management of its own funds. Councilmember Broich concurred, and added that he is not opposed to the CVB, only that he considered the equipment decision a poor one to have been made at this time. It was moved by Broich, seconded by Murawski , and carried by the following vote, that the City not participate in the loan as requested: AYES: Broich, Hodges, Neel & Murawski NO: Bono ABSENT: None 8. ALLOCATED POSITIONS & COMPENSATION PLANS , AND RELATED MATTERS Consideration of actions to complete employee related matters (061- for 1990-91. 011) Acting City Manager reported that the Allocated Position (096- & Compensation Plan is consistent with the Council ' s action regarding the budget, and prior MOU with the Police Unit; that negotiations have not been completed with the General or Fire Unit; and there are no changes in terms of those two units. Resolution 17201, adopting the Allocated Positions & Compensation Plans; and Resolution 17202 concerning employee benefit plans, were presented; after which, it was moved by Broich, seconded by Hodges, and unanimously carried, that 'Ri2g1 and R17202 be adopted. 9. ART SHOW GUIDELINES Recommendation: That the Council establish art show (114- guidelines to limit the number of shows Per year, and the 004) type and quality of art offered for sale, at City facilities, and where allowed in other zones by ordinance. Planning Director reported that the guidelines apply to City facilities like Frances Stevens Parks, as well as private area such as Rimrocks Plaza; that: the Commission felt it would be fairer to the two groups to work on a rotation basis; that he was not aware whether Desert Art League was headquartered in Palm Springs; that the rotation basis wouldguarantee each group one of the holiday weekends. Resolution 17203 as recommended, was presented; after which, it was moved by Murawski , seconded by Broich, and unanimously carried, that R17203 be adopted, subject to caveat that organizations headquartered in Palm Springs shall be given preference over organizations outside of the city limits. Council Minutes 7-25-90 Page 10 J 10. A.D. 158 - ANDREAS HILLS TRACT 18087 Recommendation: That the Council approve preliminary engineer' s report, and adopt resolutions necessary to proceed with construction of public improvements for Andreas Hills Tract 18087, located on Bogert Trail in Section 35. Contract Administrator reviewed the memorandum of Director of Community Development, noting that the developers are the only property owners at this time, and the assessments will pass ultimately to the purchaser. Resolution 17204 amending boundary map; Resolution 17205 declaring intent; Resolution 17206 approving Engineer's Report; Resolution 17207 calling for construction bids; and Resolution 17208 authorizing sale of bonds, were presented; after which, it was moved by Neel , seconded by Hodges, and unanimously carried, that R17204 through R17208 be adopted. 11. AVENIDA CABALLEROS WIDENING, CP88-15 - CHANGE ORDER 1 Recommendation: That the Council approve Change Order 1 to increase agreement with Massey Sand & Rock, by $7,175, for widening of Avenida Caballeros. (136- Contracts Administrator reviewed the memorandum of Director 007) of Community Development, and noted that to the extent that oleanders are not within the sidewalk area they can be saved; however, it is not possible to save the eucalyptus trees. Councilmember Murawski stated that he was opposed to cutting down the fifty year old mature trees, and would like to find a way to work around them. Councilmember Neel stated that if the trees are left in the sidewalk, they will eventually cause the curbs to raise, and will pose safety problems for children walking to school . Minute Order 4609, as recommended, was presented; after which, it was moved by Broich, seconded by Hodges, and unanimously carried, that M04609 be adopted. 12. A.D. 155 - FINAL CHANGE ORDER Recommendation: That the Council approve Change Order (056- 3 (Final ) for an increase of $146,700.42 to contract with 009) Matich Corporation, for adjustments and additional work on Assessment District 155, Gene Autry Trail , Ramon Road and adjacent streets. Contracts Administrator highlighted the memorandum of Director of Community Development. Minute Order 4610, as recommended, was presented; after which, it was moved by Neel , seconded by Broich, and unanimously carried, that M04610 be adopted. 13. PA9 - EXPANSION OF NORTH PALM CANYON REDEVELOPMENT ADVISORY COMMITTEE AREA OF INFLUENCE (124- 035) Recommendation: That the Council approve extending the boundaries in which the North Palm Canyon Redevelopment Advisory Committee discusses, and has input, on development to include sub-area A of Project Area 9. Recommendation highlighted by Director of Economic Development. Minute Order 4611, as recommended, was presented; after which, it was moved by Broich, seconded by Murawski , and unanimously carried, that M04611 be adopted. Council Minutes c S.: 7-25-90 Page 11 14. DOWNTOWN VISION PROJECT - LIAISON COMMITTEE Recommendation: That the Council appoint a liaison committee (133- to assist staff and the Vision Palm Springs development 005) team in the formulation of the downtown master plan. It was moved by Broich, seconded by Neel , and unanimously carried, that this matter be continued to July 31, 1990. 15. VISITOR INFORMATION CENTER DEVELOPMENT Consideration of authorizing lease, and other matters, concerning property on North Palm Canyon Drive, owned by Culver Nichols, for a visitor informatiein center, and (117- authorizing soliciting bids for a modular unit: therefore. 036) Director of Economic Development reported that the property owner has agreed to a use of the property up to two years, (061 009 and he recommended authorizing staff to work out the details of a lease; approve $5,000 for designing the site for a ) modular unit; authorize working with CalTrans for ingress; and authorize staff to prepare an urgency ordinance to allow an exclusion from the conditional use permit process for a temporary modular on city property; and authorize staff to negotiate for the lease/purchase of a modular unit and foundation. Resolution 17209, authorizing actions as recommended; and Resolution 17210 amending the budget to appropriate $5,000 for architectural services, were presented; after which, it was moved by Broich, seconded by Murawski , and unanimously carried, Neel absent, that R17209 and R17210 be adopted. Acting Assistant City Manager asked if the Council wished to use a nonprofit corporation to operate the center, staff with a full-time supervisor and temporary visitor counselors, and a custodian. Councilmember Murawski stated that the use of a nonprofit structure relates to salaries, and other fringe benefits; and that rules are more complicated and costly for the City than they would be for a nonprofit group. Discussion followed whether it was necessary to utilize a nonprofit corporation; whether the City would be able to maintain control since a nonprofit corporation would require a board of directors; whether the VPB could serve both as that board, and as a City commission, wi1.hout creating a situation of incompatible offices; and whether staff could develop further comparisons for Council review. Information to be provided on July 31. 16. MUNICIPAL CODE AMENDMENT - VPB RESTRUCTURE (060- Consideration of amendment to the Municipal Code to 024 ) restructure the Visitor & Promotion Board from 9 to 11 members, and changing the qualifications as to membership. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.23.030 TO THE PALM SPRINGS MUNICIPAL CODE, REGULATING THE TERM, VACANCIES AND VOTE OF THE MEMBERS OF THE VISITORS AND PROMOTION BOARD. It was moved by Broich, seconded by Neel , and unanimously carried, that further reading be waived, and that the ordinance be introduced for first reading. Council Minutes 7-25-90 Page 12 - 5 17. WELWOOD LIBRARY - EXPANDED SERVICES Recommendation: That the Council amend the budget to appropriate $40,000, consistent with its previous action,in order order to expand services at the Welwood Murray Library. 009) Recommendation highlighted by the Director of Community Services & Promotions. Councilmember Murawski stated that the project did not require a lot of physical changes; that large photos will be added; and that a telephone will be installed to tie to the visitor center. Resolution 17211, as recommended, was presented; after which, it was moved by Broich, seconded by Hodges, and unanimously carried, that R17211 be adopted. 18. COMPREHENSIVE FEE SCHEDULE AMENDMENT - RECREATION, FACILITY USE (114- Recommendation: That the Council amend the Comprehensive 006) Fee Schedule concerning recreation facility rental fees, and parking fees for RVs in Sunrise Park during multiple-day City contracted events. Recommendation highlighted by the Director of Community Services & Promotions Resolution 17212, as recommended, was presented; after which, Broich, seconded by Hodges, and unanimously carried, that R17212 be adopted. 19. SPECIAL EVENT SANCTIONING - "ROCKIN'THE NIGHT AWAY" (050- Recommendation: That the Council consider sanctioning 007) "Rockin' the Night Away," consisting of a radio and television show and a New Year's Eve concert, produced by Sun Classic Communications Group, Inc. , through October 17, 1990. Recommendation highlighted by the Director of Community Services & Promotions. Minute Order 4612, as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, M04612 be adopted. 20. PALM SPRINGS ROAD RACE CONTRACT Recommendation: That the Council sanction Palm Springs (050- 016 Road Races; approve agreement with Palm Springs Road Races, ) Inc. , to organize and produce the car ,race event - A2866. Recommendation highlighted by the Director of Community Services & Promotions, noting that the previous accounts receivable for the concrete rails will be written off. Resolution 17213, as recommended, was presented; after which, it was moved by Broich, seconded by Murawski , and unanimously carried, that R17213 be adopted. 21. MEDIA BUYING SERVICE - JONES AGENCY (050- Recommendation: That the Council approve an agreement 001) with The Jones Agency to purchase $400,000 in media for the Tourism Division during the next 11 months. Tourism Director reported that the answer to the question raised at the study session regarding hiring a staff person to do this work was researched, and it was found that there would be some difficulty in finding a person in the desert, 0 Council Minutes 7-25-90 Page 13 21. MEDIA BUYING (Continued) and it would probably cost a minimum of $30,000 for a qualified person; and that the contract callls for a 30-day cancellation. Resolution 17214, as recommended, was presented; after which, it was moved by Neel , seconded by Murawski , and unanimously carried, that R17214 be adopted. 22. POSSIBLE SPECIAL ELECTION - RACEWAY Consideration of placing advisory ballot on the November, 1990 General Election relating to the development and operation of an auto raceway on I-10 near Gene Autry Trail . Mayor permitted anyone who would otherwise have spoken on this matter under Public Comments to do so at the time this was considered. Jim Guthrie, 647 N. Main Street, Riverside, asked that the Council withdraw consideration of placing the issue on the ballot; that part of his application process is to file a detailed EIR; that he did not think there would be an opportunity to take that very technical material to the public, nor present it to the Council before the election; that he believes there are significant benefits in the project, and asked that the Council recognize that he acted in good faith, allow the EIR process to continue, and for the Council to act on the matter in due course, since an advisory vote would not be binding, and the Council will still have to make the final decision. Cindy McGrane, 2019 Tachevah, stated that she recognized there is a new Council , but questioned if all that has happened in the past is therefore null and void; that the applicant acted in good faith and is prepared to answer the questions in the EIR; that asking the voters to make a decision before the facts are known is a poor way to get at the facts; that the Council distanced itself from the previous Council ' s action in order to do 'its own research in a timely manner and arrive at its own decision; that public opinion can be gained by other means, e.g. , a city wide public hearing; and that ultimately the final decision will have to be made by the Council . Sig Zeitman stated that some people feel betrayed that there was nothing in the newspaper about; the Counc:iI ' s proposed action; and that it should be tabled until voters are back and able to tell the Council how they feel . Peggy Gimble, 4881 E. Winners Circle, commented on the benefits of the raceway, and her opinion that it will generate new sources of revenue, and alternative forms of recreation. Roger Garrett, 2600 S. Palm Canyon, also Oasis Water Park, stated that alternative visitor attractions are essential ; that the raceway will be the largest attraction in the Valley; that 55,000 visitors to the Oasis Water Park spend the night in rented accommodations; that the raceway can draw in one weekend what the Park can draw in four months; that there will be no light at the end of the tunnel if there is no TOT, and no hotel occupancy; that the Council was elected because the voters thought the Council could make tough decisions. Rick Service, 222 S. Palm Canyon, reported that PS Now voted to support the raceway proposal ; that Desert Chapter of the Restaurant Association voted twice to do likewise; J' Council Minutes 7-25-90 Page 14 22. POSSIBLE SPECIAL ELECTION (Continued) and he asked that the matter not be referred to a general election; that the Council take the opportunity to be informed and to make the decision. Jeff Fidler, Bankside Drive, Cathedral City, stated that the developer has a right to have the project before the Council after the EIR is completed, input and public hearing, and a decision by the Council ; that the applicant is deprived of due process if after the documents are prepared, before they can be reviewed, the matter is sent to the people for a vote; and that he was concerned that the message by such an action would be to send all Lough decisions to the voters. Mary Apply, 1488 E. Ramon Road, stated that she is afraid Palm Springs will become obsolete; that she wants it to grow, and have more to offer; that hotels and shops will benefit from the raceway; and that in her opinion everyone wins. Mary Montgomery, property owner, stated that she was concerned about health, pollution, noise, and does not think the raceway is good business for this area; that there is not an outcry by citizens to replace Riverside or Ontario raceways; and questioned why air quality should be endangered, and debris, traffic, and drugs should be increased. Earl Johnson, Andreas Hills, stated that the only place air quality can be tested is where the air is clean, and it can be made dirty, otherwise true readings are not possible; that the Council should not short sight the public in terms of its ability to get information and to make a decision. Elaine Lamb, 1076 Sierra Way, stated that the community will lose the raceway if it is delayed, or if it goes to the voters now. Joseph Love, 563 Sunset Way, stated that the Council should not underestimate the intelligence of the voters, and proprietary interests should not dictate what the Council wants. Allen Bayrack stated that he thinks it is immoral to ask that a decision be made on something that is not owned, land is not in the City. Charles Schmitzler (?) Yucca Valley, expressed view that the raceway will be beneficial , and suggested that a closed solar course be considered. Shirley Hammer, 677 Dry Falls Road, stated that residents are gone, and do not have an opportunity to know what is happening, and urged that the Council place the issue on the ballot. Jim Stuart, 1037 Tamarisk, Chairman of the NPC PAC, stated that an industrial park would be permitted in the raceway area by right of zone; that high pollutant manufacturers will be forced out of Los Angeles; that an industrial park will generate more cars per week than the raceway will generate per month; that it will not be a drag strip; that a major tourist attraction is needed; and that people should consider what the less desirable alternatives are to the raceway. Council Minutes 7-25-90 Page 15 22. RACEWAY (Continued) Tony Aidukas, 2353 Blando, stated that racing works in many cities, and there is an opportunity for increased tax income; and asked that the Council consider what may be lost. Councilmember Hodges stated that the issue before the Council at this time is whether to place an advisory question on the November ballot, so people can tell the Council whether they are in favor or opposed to the raceway. She read from a Desert Sun article in April , citing her position at the time of the election that if elected she would favor placing the issue on the ballot; that she asked that the Council do so; that she has heard many opinions from people on both sides of the issue, and believes they should be given the opportunity to convince others of their views; that she does not favor placing every issue on the ballot, however, this is a major issue and one which could change the community significantly, and something for which more than five people should be responsible. Councilmember Murawski stated that he did not think the City needed the $25,000 election expense at this time; that he believes the land will be annexed, and he considers that a separate issue from the raceway; that the developer should be able to proceed with the EIR; that he favored a public hearing on the issue after the facts are available, and then have a five-day "straw vote" during which residents may express their opinion; that a general ballot issue will not determine the final decision; that he has heard arguments on both sides; and did not know if an election was timely; and favored the process he described. Councilmember Broich stated that the public does not have all of the facts, and will not have for another thirty-five days; that the election cost would be $25,000, and in a deficit situation, he finds it hard to spend such money to put an issue on the ballot concerning something that is not within the city; and that the Council will still have to make the final decision. Motion was made by Broich, and seconded by Neel , to not place the issue on the ballot. Councilmember Neel stated that although his view is that the raceway would be a significant benefit to the community, he was not locked to that view, and would vote against it if the facts suggest that it will be a detriment. Mayor stated that heated, emotional issues, with two definite opposing views is one of the most uncomfortable aspects of being on the City Council , but he believed that is what leadership means; that as candidates, each person asks the voters for support and confidence in their leadership to assess what is needed, and to mesh that; with their own views; that once elected, Councilmembers nixed to bite the bullet and make the hard decisions, and that leadership is not exercised by avoiding a confrontation, or letting someone else make the choice; that the Council must make the choices it deems best for the overall welfare of the community, even in the face of criticism; that the raceway is a difficult issue, and one which projects the future of Palm Springs, and when such items come up, Councilmembers must voice their opinions, take responsibility, and vote; that many of the public comments are distorted, in that the issue before the Council at this time is not whether to vote for or against the raceway, but whether to place the question on the ballot. Council Minutes y 7-25-90 Page 16 22. RACEWAY (Continued) Councilmember Broich stated that the EIR is going to be (123- available for public comments; and will come back in public 015) forums many times. Motion to not place the issue on the ballot carried by the following vote: AYES: Broich, Murawksi , Neel & Bono NO: Hodges ABSENT: None 23. MUNICIPAL CODE AMENDMENT - CONVENTION CENTER COMMISSION Consideration of amendment to the Municipal Code to increase (060- the membership of the Convention Center Commission from 025) 5 to 7 members. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.25.020 AND 2.25.030 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO CONVENTION CENTER COMMISSION. It was moved by Broich, seconded by Neel , and unanimously carried, that further reading be waived, and that the Ordinance be introduced for first reading 24. ZONING ORDINANCE AMENDMENT - NEON SIGNS (Introduced May 16, (103- 1990) 038) City Clerk read title of Ordinance 1354, amending the Zoning Ordinance concerning exposed tube neon signs; after which, it was moved by Broich, seconded by Hodges, and unanimously carried, that further reading be waived, and that 01354 be adopted. ADDITIONAL LEGISLATIVE ITEMS: (Satisfied agenda posting; materials at study session) 25A. REGIONAL PARKS & OPEN SPACE PROJECT PRIORITY LISTING Recommendation: That the Council accept the Parks & (123- Recreation Commission subcommittee list of proposed projects 001) to be included in the Riverside County Regional Park and Open Space District, if approved by the voters; and direct staff to file a copy of it with the County Parks Department. Recommendation highlighted by Director of General Operations. Minute Order 4613 as recommended, was presented; after which, it was moved by Broich, seconded by Hodges, and unanimously carried, that M04613 be adopted. 25B. CITY MANAGER EXECUTIVE SEARCH FIRM (070- Minute Order 4614, approving an agreement with Norman Roberts 001 ) Associates to conduct and assist in the Council 's efforts to recruit and screen candidates for the position of city manager, for a fixed fee of $15,000 plus reimbursables (060- of approximately $6,000 - A2868; and Resolution 17215 009) amending the budget to appropriate $21,000, therefore, were presented; after which, it was moved by Broich, seconded by Murawski , and unanimously carried, that M04614 and R17215 be adopted. Council Minutes 7-25-90 Page 17 25C. ADVERTISING - WINDSWEPT PACIFIC ENTERTAINMENT, SONG RIGHTS, Recommendation: That the Council approve an agreement with Windswept Pacific Entertainment Co. , the DBID, .and (050- the City for $25,000 from the City to assist: in acquiring 001) rights to use the song, "I 've Had the Time of My Life," for one year in Riverside, San Diego and Los Angeles counties; and approve spending $10,000 for production associated with purchasing the rights to the song - A2869. Recommendation highlighted by the Tourism Director. Mayor offered to donate use of his studio, and singers. Councilmember Hodges stated that getting l;hree entities together (includes Desert Fashion Plaza) is a big step forward, and she complimented their efforts. Minute Order 4615, as recommended, was presented; after which, it was moved by Broich, seconded by Hodges, and unanimously carried, that M04615 be adopted. 25D. WWTP - AIR TOXIC INVENTORY PLAN Recommendation: That the Council approve agreement with (127 James M. Montgomery Consulting Engineers, Inc. , to prepare 001) an Air Toxics Inventory Plan, as required by AB2588, to be submitted to the AQMD, for an amount not to exceed $10,000 - A2870. recommendation highlighted by Director of General Operations. Minute Order 4616 approving agreement as recommended, was presented; after which, it was moved by Broich, seconded by Hodges, and unanimously carried, that M04616 be adopted. CONSENT AGENDA: 26. MO 4617 awarding purchase of trimming pine and olive trees at (092- the Golf Course to Parker's tree Service, for $12,028. ) 27. Res 17216 vacating Lot T, Desert Highland Estates, which was planned to be a frontage road parallel to Indian Avenue (matter (145- previously continued to clarify utility company concerns, which 001 are resolved). 28. MO 4618 approving letter proposal of Catalano Irrigation (092- Management and Consulting regarding computerized irrigation ) management system at the Golf Course, for $8,000. - A2871. 29. MO 4619 approving addendum to CMSI agreement to provide PC hardware maintenance, at existing rates in effect February 16, (117- 1990, (provided by Cordes Data) , and technical support at $35,000 006) per year, for one year beginning July 1, 1990. 30. MO 4620 approving addendum to CMSI agreement to provide full-time (117- PC software support and training at a cost of $1.,250 per month, 006) beginning July 1, 1990. 31. MO 4621 approving subrecipient agreement with P.S. Senior Center (085- for purchase of equipment from CDBG funds for $60,D00 - A2872. 32. MO 4622 approving subrecipient agreement with Desert Community (085- Outreach Food Bank for persons with AIDS, from CDBG Funds, for ) $5,100 - A2873. Council Minutes 7-25-90 Page 1$ 33. Res 17217 approving destruction of certain police records, as (151- noted in the resolution. 001) 34. Res 17218, 17219, and 17220 approving Payroll Warrants and Claims & Demands. (086- 35. MO 4623 approving Amendment 2 to A2402 with American Building Maintenance Co. , to extend term to February 18, 1991, increase (117- scope of work to include Fair Housing Office in the Rudnick 005) Building, and adjust contract price to $8,130.86, effective June 1, 1990. 36. Res 17221 approving final map for Tract 24325 to divide property (137- at the easterly end of Escoba Drive, for Watt Palm Desert 068) Properties, Inc. , Section 19. 37. MO 4624 awarding purchase of a diesel utility tractor to (084- Torrence's Farm Implements, for $13,664. 007) 38. Res 17222 (provided at study session) amending confirmed (056- assessment to Parcel on the SE corner of Pasco Dorotea, and 009 Ramon Road, in Assessment District 155 - No. 680071002-2, Leo Pochter. It was moved by Broich, seconded by Neel , and unanimously carried, that M04617 through 4624, and Resolutions 17216 through 17222 be adopted. ADDED STARTERS: none COMMISSION APPOINTMENTS: None (schedule for July 31) REPORTS & REQUESTS: CITY COUNCIL reports & requests - None PUBLIC reports & requests - None STAFF reports & requests - None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned to July 31, 1990, at 2 p.m. , in the Large Conference Room, City Hall . j ' JUDITH SUMICH City Clerk