HomeMy WebLinkAbout1991 - MINUTES - 4/17/1991 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
APRIL 17, 1991
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 Canyon Way, on Wednesday, April 17, 1991, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Broich, Hodges, Murawski
Neel and Mayor Bono
Absent: None
The meeting was opened with the Flag Salute and an invocation by
Zhonna Parr, Practitioner in Training, Church of Religious Science.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with
Council procedures on April 12, 1991; one item added at
the study session, concerning graffiti .
PRESENTATION OF UNITED WAY CERTIFICATES:
Mayor presented silver, gold and platinum certificates
of appreciation to employee team leaders representing
various city departments.
PROCLAMATION ARIAS FOR PEACE
Mayor read the proclamation, and presented it to Irina
Arkorpa, most honored metzo-soprano of the USSR, and Paula
Menas of the United States, both of whom will be singing
at the Desert Museum Annenberg Theater, as part of a
cultural exchange between the two countries.
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned
for the purpose of convening as the Community Redevelopment Agency;
after which, members reconvened at the City Council . (Note Item 6
conducted in joint session at conclusion of City Council agenda).
HOUSING AUTHORITY, FINANCING AUTHORITY, IDA: No business
RECONVENE AS THE CITY COUNCIL
APPROVAL OF MINUTES:
It was moved by Broich, seconded by Neel , and unanimously
carried, that the Minutes of February 20, March 20 and
April 3, 1991 be approved
PUBLIC HEARINGS:
1. SIGN APPEAL - 350 S. PALM CANYON (STAPLES OFFICE STORE)
Consideration of appeal by Heath & Company representing
Staples, the Office Super Store, from Planning Commission
conditions for main identification signs at 350 S. Palm
Canyon Drive.
Planning Director reviewed the memorandum of Director ( 131-
of Community Development, and displayed plans and colors, 001)
noting that 2% foot high larger size letters were approved
by the Commission due to the setback of the building from
the street.
ry
Council Minutes
4-17-91 Page 2
1. SIGN APPEAL - STAPLES (Continued)
Mayor declared the hearing opened.
Tim Pitts, Heath & Company, stated that Staples agreed
to reduce the sign letters from 4 feet, but asked for
a 2' 10" height; and that Staples -is willing to work with
city staff on the background color of a red-rust, and
requested that the white letters be permitted, with
illumination reduced by 50%
Carl Robertson, Staples, stated that the company is
attempting to maintain the sign criteria throughout its
stores, and to obtain as much exposure as possible.
There being no further appearances, the hearing was closed.
Councilmember Murawski stated that he welcomed the company
into the community; and that he felt the Planning Commission
decision should be upheld, and he did not think the approved
size or color would dramatically affect their business;
and that it is advisable to keep overall aesthetics in
mind in terms of the central business corridor„
Councilmember Neel agreed with Mr. Murawski , and stated
that the standards should be upheld.
Councilmember Hodges stated that she did not object to
the 2' 10" size letters, nor has she ever been opposed
to the use of red color, and felt it should be encouraged
as a attractive, eye-catching color; that she was not
opposed to the white letters, and the City should abide
by company logos, and not interfere with what they are
trying to accomplish; that Staples should be encouraged,
and the Council should do whatever it can do in a positive
way to help with their success.
In answer to question by Council , Planning Director reported
that the Planning Commission estimated that the size of
the letters would be 2'z feet, however, the approval is
worded to allow the maximum size, which might work out
to be 2' 10".
Councilmember Broich stated that he did not oppose the
red background, and white letters.
Mayor stated that the building is considerably set back
and needs the attention; that it is an attractive sign,
and the store needs every edge it can get.
Motion by Murawski , seconded by Neel . to uphold the Planning
Commission decision, failed to ca,rry by the following
vote:
AYES: Murawski & Neel
NOES: Broich, Hodges & Bono
ABSENT: None
Res 17482 overruling the Commission and granting the appeal ,
in particular, maximum height letters up to 2' 10", red
background, and white letters, was presented; after which,
it was moved by Broich, seconded by Hodges , carried by
the following vote, that R17482 be adopted:
AYES: Broich, Hodges & Bono
NOES: Murawski & Neel
ABSENT: None
Council Minutes
-°' 4-17-91 Page 3
2. DETERMINATION CASE 10.386 - LOWELL WOODEN
Consideration of appeal concerning Planning Commission
determination on February 27, 1991 relating to non-vending
machine sales for service station use at the P.S. Airport
Car Wash (original CUP 5.0477).
Planning Director reviewed the memorandum of Director
of Community Development, which was reviewed in detail
at the last meeting, noting that there was not a specific
request in the original Planned Development District
application; that this matter was continued from the last
meeting, because of a tie vote; that if the Council wished
to approve the use, it could refer a specific recommendation
to the Planning Commission , or request that it be considered
as an amendment to the POD, or direct the Planning
Commission to look at the ordinance for possible amendment;
that the applicant was given unlimited vending machine
use, and the maximum 25 square foot non-vending machine
use; that the ordinance as it is written is specific and
not open for interpretation; and that the project includes (094-
a service station. 001)
City Attorney stated that the ordinance is fairly clear
in terms of sales uses in connection with service stations,
but is not so clear regarding car washes; that it seems
to suggest that a car wash and a gasoline service station
cannot be on the same site, in that the same uses are
not allowed; and that staff needs to receive basic direction
from the Council , and then to develop clarification of
the ordinance for future amendment; that the appeal should
be denied, and if the Council felt the uses would be
acceptable, Council direction as to how it feels about
mini-markets, gasoline service stations, and car washes
should be sent to the Planning Commission to be processed.
Mayor stated that an uncontrolled situation could evolve,
and clearer definition is needed.
Mayor declared the hearing opened.
David Erwin, attorney for appellant, stated that the problem
remains in that there is a conflict with the multiple
uses that have been granted for this project, and which
have been built - full service car wash, full and self-serve
gasoline, and car rental ; that the limitation on sales
relates to service stations, and there is no other similar
provision in the Zoning Ordinance concerning car washes;
that the principle function on the site is a car wash,
containing a waiting room, and the word "carwash" is a
part of the name of the business; that the ordinance permits
the Planning Commission to determine resolution to conflicts
in the ordinance when they do exist; that the sales area
is an economic issue, and is an anticipated profit center
for the project; that the facility is open; that the
applicant wants to resolve the issue without filing an
amendment to the PDD; that if the determination is denied,
it be without prejudice so the applicant may return to
the Planning Commission as quickly as possible; and that
the sales area is needed for competition with other car
washes in nearby communities.
Lowell Wooden, owner and appellant, stated that the car
wash represents 90% of the facilities profit centers,
followed by the sales area, the detail shop, the gasoline
sales; that their gasoline sales is incidental , and there
are no service bays.
Council Minutes
4-17-91 Page 4
2. DETERMINATION 10.386 (Continued)
There being no further appearances, the hearing was closed.
Councilmember Murawski stated that he has prejudice in
that the ordinance is clear; that the applicant applied
for a car wash and a gasoline station , and should have
said if a mini-market was desired; that he is concerned
for those who operate mini-markets ; that a cross-over
in uses of this type will set a precedent for others,
particularly in this area, who will want the same
consideration; that the facility should be concerned with
auto related matters, and not a grocery store; and that
he did not have a problem with a car wash classification,
only if that also implied a car wash and mini-market.
Councilmember Neel stated that a similar request was
recently denied for a project on South Palm Canyon ; and
that approval would set precedent for every gasoline station
in town to also have a mini-market.
In answer to question by Council , Mr. Wooden stated that
there will be three cashiers - one outside for the gasoline
only purchases; one inside for the car wash; and possibly
one for the merchandise inside.
Councilmember Hodges stated that the business is a car
wash; that persons purchasing gasoline only will not know
that goods may be purchased inside; that the facility
is being misclassified, in that it is a car wash and riot
a service station; that there is room for the sales area;
that people will be waiting for their cars, and there
is nothing adverse about browsing and purchasing convenience
items; and that she did not consider it to be a competition
with mini-markets.
In answer to question by Council , Planning Director stated
that there are no listing of accessory vises under a
conditional use permit for a car wash; that each could
be applied for and considered on a case-by-case basis;
and that the project is both a car wash and a gasoline
service station.
Councilmember Broich stated that the Planning Commission
Chairman asked for the matter to be returned to the Planning
Commission to look at the question of mini-markets; that
they are a way of life, today; that he did not have a
problem denying the appeal , without prejudice, and allowing
the Commission to deal with the subject further; and that
he agreed it should be classified as a car wash.
It was moved by Neel , seconded by Murawski ., and carried
by the following vote, that the appeal be denied:
AYES: Murawski , Neel & Bono
NOES: Broich & Hodges
ABSENT: None
City Attorney stated that the staff will bring back a
resolution denying the appeal ; and questioned the Counci'l ' s
intent regarding a referral to the Planning Commission,
and whether the applicant could go through the CUP process
for that use.
Council Minutes
4-17-91 Page 5
2. DETERMINATION 10.386 (Continued)
Councilmember Neel stated that he felt it was a denial
without prejudice, and the applicant could go through
the process and resubmit if he wished to do so.
Mayor stated that he understood the staff to state that
it was willing to look at the ordinance and any
clarifications that might make the situation clearer,
rather than the Council trying to structure what the
ordinance should be; and that in doing so, staff will
work with the applicant to see what can be developed,
and will sort the issue and see what the alternatives
are.
Planning Director reported that the Commission and Council
will be meeting jointly in the next few weeks, and this
subject may be a topic for discussion; that he can discuss
the options with Mr. Wooden as to the possible changes
to the Zoning Ordinance, but will be looking to the Council
and Commission discussion for leadership. In answer to
question by Council concerning a new processing fee, he
stated that there is a fee for a CUP, but there would
not be a fee if the discussion resulted in Zoning Ordinance
changes that permitted the use by right-of-zone.
Councilmember Hodges questioned whether anything had been
resolved.
City Manager stated that staff will develop alternatives
for the Council to consider.
3. PD 116-A - CVHC
Recommendation: That the Council approve planned
development district 116-A for a 140-unit apartment complex
on Sunrise Way, north of San Rafael , for low and very
low cost housing.
Planning Director reviewed the memorandum of the Director
of Community Development, and stated that 58 projects
competed for State authorization for funding, of which
8 were approved, and of those 8, this project was ranked
third. (116-
008)
Councilmember Murawski asked that staff provide a report
as to how many low and moderate income housing units are
needed to satisfy the City' s requirement, how that
requirement is determined, and by whom. Mayor concurred
in the request.
Planning Director displayed and reviewed the exhibits
and site plans.
Mayor stated that the Council may be duplicating a problem
that it encountered with a recent residential project
on North Palm Canyon; that the Vision Plan suggests one
kind of project, and what comes forward is drastically
different; and that there needs to be a cohesive kind
of growth occurring.
Mayor declared the hearing opened.
John Nealey, CVHC, stated that the agency has worked with
city staff since last summer, and reiterated the comments
concerning approved funding, and that the project must
be under construction by November, in order to not loose
that funding; that the project falls far short of the
number of units to meet the City's Housing Element, and
he urged that the project be approved; that it is a
well-designed project, and one to be proud of; that; they
Council Minutes
4- 17-91 Page 6
3. PD 116-A (Continued)
offered to meet with Inter-Cal , and the City staff is
very much aware of its relationship to the project, and
design considerations were given with that relationship
in mind.
Ruell Young, Architect, stated that he took into
consideration the Sunrise frontage, 'landscaping and project
configuration as that may relate to the Inter•-cal project.,
and would be happy to discuss Council concerns in study
session format.
Karen Aguilar, 1975 Mark Leslie, questioned what the Council
expected to have developed in this area, and the project
could be in process for so long without the Council being
aware of it.
Mayor stated that the Council is open-minded:, and pleased
with the direction that the previously mentioned project
has taken; that he has concerns about the cohesiveness
of the community, and wants to be more informed.
Councilmember Murawski stated that he is very concerned,
and has begun to feel that Palm Springs is the onlly
community addressing the low income housing issue; that
some projects go through many steps before the Council
becomes aware of them, and others may take up to two years
before the are brought to the Council .
There being no further appearances, the hearing was closed..
Councilmember Broich stated that the project has come
before the Council in many different steps, and it 'is
a good project, and a lot of care has been taken in its
design in terms of the Intercal project, and 'it is assured
of being funded; that the City is short on its housing
requirement; and that the recommendation should be approved.
He stated that he recognized the Council also needs to
look at the housing requirements, and supported staff
coming back with a detail review.
Councilmember Hodges stated that the project has been
before the Council , and she agreed with looking at the
housing requirements, however, there are still people
that will fill up these units, and probably many more;
that the applicant has done a good job in securing funding
at a time when that is very difficult, and has considered
their neighbors as well ; and that a delay may result in
a loss of that secured funding.
Mayor asked that the staff consider the Council 's vision
which has changed in the past two years, so that projects
are consistent with those goals.
Resolution 17483 as recommended, was presented; after
which, it was moved by Broich, seconded by Hodges , and
carried by the following vote, that R17483 be adopted:
AYES: Broich, Hodges, Neel & Bono
NO: Murawski
ABSENT: None
4. INTERIM ORDINANCE - VENDING CARTS IN CBD ZONE (103-
Recommendation: That the Council approve a 10 month and 041)
15 day extension of the Interim Zoning Ordinance concerning
use of vending carts in the CBD Zone.
Councilmember Broich stated that he would abstain from
discussion and voting, since he is a participant in the
program. ,
;r
Council Minutes
4-17-91 Page 7
4. INTERIM ORD - VENDING CARTS (Continued)
Planning Director reviewed the memorandum of the Director
of Community Development, noting that since the adoption
of the urgency ordinance, two concepts have surfaced,
which have been referred to Jerry Ogburn and Main Street,
i .e. , creating a master event land use permit for The
Center (Zelda's) including a wide variety of promotions,
entertainment, art and craft shows, food carts, etc. ;
and a single vendor to provide all of the carts or the
downtown and to lease them to individual merchants. He
stated that no significant experience has been achieved
yet, and staff recommended the ordinance be extended to
allow time for the ordinance to process through the full
public hearing procedures, as well as to work through
the various issues involved.
Director of Community Services & Promotions reported that
in January, staff was directed to put together a street
faire and farmers market, with the intent of giving
residents a weekly event, and to reacquaint them with
the downtown; that 90 vendors have signed up for the
program, and at least two entertainer groups each week,
as well as 12 food vendors tying in with the merchants
downtown, and the farmers market will be added on April
25; that the event has developed a sense of community
within those who attend; that the "look" of the event
is continually upgraded to keep as high a quality as
possible, and Jerry Ogburn has been involved in that aspect;
and that a continuance of the ordinance will give the
opportunity to go through the normal process of review,
and to see if the program should continue.
Mayor stated that he was trying to determine the goal
of the program, and could understood it was originally
to create a festival or party downtown; that it appears
to be to open business at night, and to expand to a farmers
market; that he questioned if the quality of the product
today was representative of the quality that will satisfy
everyone; and that he recognized there are "growing pains"
in getting a project up to speed; and questioned if it
can occur in 60 days.
Director of Community Services & Promotions stated that
the program started as a reacquainting residents with
the downtown, and has evolved to also include benefiting
the downtown economy, and providing a tourism tool for
marketing downtown, i .e. , providing a draw for a day
earlier, thereby picking up two room nights and extending
the week visit; that some steps are being taken to make
the event look better, e.g. , no clothing allowed, and
efforts will continue to address the quality appearance
issues; and that she felt the evaluation could be made
in 60 days, and that the review committee would like to
have input from the Council .
Councilmember Murawski stated that he enjoyed seeing a
number of families, children, and more affluent people
looking and buying, and having a good time; that the event
generates impulse buying; that it needs a little more
time to get started; that it is a focal point for the
community, and provides a "village square" feeling, and
an opportunity to meet neighbors, and others.
Councilmember Neel stated that because of the rain, and
interruption by Spring Break, he favored a continuance.
Mayor declared the hearing open.
Council Minutes
4-17-91 Page 8
4. INTERIM ORD - VENDING CARTS (Continued)
The following persons spoke excitedly about the program,
although some indicated they had initial concerns that
it would not work., and requested that the Council grant
the extension of the Ordinance:
Rick Service, Las Casuelas Terraza, 222 S. Palm Canyon,
indicating that he had trepidations, none of which have
happened; and that a sense of community happened that
is rarely seen today; and that there should not be any
carts in the community, except at these kinds of events.
Wayne Dewey, retailler, submitted a petition asking for
the continuance; and stated that 'the event has resulted
in extending his business week, and increased his business
by 250% over last ,year, when he was also open at night;
that the food service aspect needs to be enhanced.
Gann Carter, Don Nelson, an unidentified woman, and Barbara
Foster, Rick Bedford (an entertainer) , Terry Lortz and
his two children, Patricia Peterson (Property Manager
of the Vineyard, also on behalf of all its tenants) , Frank
Rosvold of Desmonds.
Ted Grofer, DBID, reported the DBID continues to support
the event, particularly, because there have been five
events at which 3,000-8,000 people attended, and many
stores are staying open; that a goal was to enliven the
downtown, and that has happened; and that the [Desert Fashion
Plaza advertising committee has also unanimously endorsed
it.
Bob Weithorn, Orchid Tree, read letter of the Hotel
Association in support of the program, and urging merchants
to remain open at night; and stated that Vie is also a
member of the review committee, and the committee spends
a great deal of its time concerning itself with the quality
issues, and has had to deal with what was presented to
it, however, as the event builds, it will be able to be
more selective about the participants; that the purchase
of high quality carts will evolve as the program becomes
more permanent; and that cancelling it could mean a loss
of income to many local people, and severely injure the
credibility of the community.
Jerry Ogburn stated that he was pleased about the quality
consciousness, and felt the program was moving in the
right direction, although he was not pleased with the
quality so far, i .e. , the food services, but there is
the attitude needed to make it better; that it has been
too dark, too strung out, and in some cases, poor quality
merchandise, and setup; that the event is producing
successes, and it will get better in time; that 60 days
would be a minimum amount of time in which to evaluate
it; that critical mass has only just been achieved; that
high quality carts, limited in number, and selectively
placed, would be a significant addition; that there has
been discussion about permanent open festival areas possibly
converting some "dead space" areas; that there is a person
interested in maintaining, storing, and leasing carts,
which is a good concept, and one that needs to be under
control from the beginning.
There were no further appearances, and the hearing was
closed.
Council Minutes
4-17-91 Page 9
4. INTERIM ORD - VENDING CARTS (Continued)
Mayor commended Mr. Ogburn for being aware of the problems,
and for trying to improve the product, and that he felt
comfortable that the improvement is the prevalent point
of view.
Councilmember Hodges stated that food carts cannot be
kept downtown, because the Health Department will not
permit it; that if a person invests $10,000 - $15,000
in a cart, they are not going to either leave it unprotected
downtown, or abandon it; and that that quality of cart
will not be seen until people know that the Villagefest
will a permanent situation.
City Clerk read title of Urgency Ordinance 1379, as follows:
AN INTERIM ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, TO AMEND SECTION 9209.01.132, 9209.01.13.3
AND ADDING SECTION 9209.01.6.4 OF THE ZONING ORDINANCE
TO ALLOW THE USE OF VENDING CARTS IN THE CBD ZONE
INCLUDING ALLOWANCE TO LOCATE ON PUBLIC PROPERTY AND
DECLARING THE URGENCY THEREOF.
It was moved by Murawski , seconded by Hodges, and
unanimously carried, that further reading be waived, and
that 01379 be adopted, providing an extension of the
ordinance not to exceed sixty days:
AYES: Hodges, Murawski , Neel & Bono
NOES: None
ABSENT: None
ABSTAIN: Broich
PUBLIC COMMENTS:
a) George Goldberg, criticized the restaurant service
provided for the Spring Break volunteer party, and
stated that he would not attend next year if it is
not held elsewhere; and stated that the City should
pursue violators who permanently park RVs in town;
and opposed any compensation for Councilmembers.
LEGISLATIVE ACTION:
5. CONVENTION CENTER LAND ACQUISITION
Recommendation: That the Council approve the acquisition
of Lots 103, 105 and 106 (Tract 1009) in Section 14,
comprising property on the NW corner of Amado Road and (139-
Avenida Caballeros, for $2.405 million, to accommodate 004)
various Convention Center related uses.
Assistant City Manager highlighted the memorandum of the
Director of Community Development, and stated that the
parcels comprise approximately 7% acres.
Resolution 17484 as recommended, was presented; after
which, it was moved by Broich, seconded by Murawski , and
unanimously carried, that R17484 be adopted.
Council Minutes
4-17-91 Page 10
6. SECTION 14 SUB-LEASE - VOSS INVESTMENT
Recommendation: That the Council authorize the execution
of certain documents necessary for Voss Investment (117-
Properties to secure a new loan for its project located 035)
on 3.01 acres subleased from the City, as successor, under
Master Lease PSL-315.
Assistant City Manager highlighted the memorandum of the
Director of Community Development.
City Attorney stated that his office has been involved
in making certain documentation is consistent with the
prior bank loan, and for protection of the City; and that
provisions have been included to provide for reimbursement
of the City's legal costs.
Resolution 17485 as recommended, was presented; after
which, it was moved by Broich, seconded by Murawski , and
unanimously carried, that R17485 be adopted.
7. AIRCRAFT RAMP EXPANSION CP91-07
Recommendation: That the Council award contract for the (OEil-
Aircraft Ramp Parking, Alternate A., to Tarmac California, n 5)
Inc. (formerly Massey Sand & Rock) for :$1,266,488.50,
CP91-07, A2987.
Director of Aviation reported that six bids were received,
and award is recommended subject to FAA approval . He
noted that the project is 90% grant funded.
Resolution 17486 as recommended, was presented; after
which, it was moved by Neel , seconded by Broich, and
unanimously carried, that R17486 be adopted.
8. SWIM CENTER POOL DECK REPLACEMENT - CP90-14
(115-
Consideration of recommendation to award contract to Allred 004)
& Kyser for replacement of the pool coping, stanchion
poles and diving boards at the Swim Center., for $93,897
continued from April 3, 1991. A2981
Director of Community Services reported that the scope
of work is about one-half of that originally proposed,
and the pool decking replacement will be budgeted in a
future year.
Minute Order 4751 as recommended, was presented; after
which, it was moved by Broich, seconded by Murawski , and
unanimously carried, that M04751 be adopted.
ADDITIONAL LEGISLATIVE ITEMS: (Satisfied agenda posting requirement.)
9A. AIRPORT TERMINAL EXPANSION - BAGGAGE BELT SYSTEM (051-
Recommendation: That the Council award contract to Glide 055)
Path-USA for an all new baggage belt system, base bid
plus Alternate 1, for $384,553 - CP90-19, A2982. Report
reviewed by Director of Aviation.
Resolution 17487, as recommended, was presented; after
which, it was moved by Murawski , seconded by Hodges, and
unanimously carried, that R17487 be adopted.
Council Minutes
4-17-91 Page 11
9B. AIRPORT MODULAR HOLDING ROOM
Recommendation: That the Council award contract for modular (051-
holdroom facilities to PBS Building Systems, Inc. , including 055)
Alternates 1 and 2, for $1,188,120; deny protests, and
approve Change Order No. for a deduction of $165,120.
Director of Aviation reported that a second bid was
submitted two minutes after the bid closing, and was
returned unopened, that the bidder filed a formal protest;
that letter from Gensler & Associates substantiates the
inappropriateness of the protest, and is attached to his
report on file with the City Clerk; that the lone bid
from PBS exceeded the pre-bid estimate; and that in order
to avoid delay in the Terminal Expansion by rebidding
the project, the staff and engineer worked with the bidder
in an attempt to bring down the price without materially
changing the scope of the project, which is detailed in
the Change Order No. 1.
Resolution 17488, as recommended, was presented; after
which, it was moved by Neel , seconded by Broich, and
unanimously carried, that R17488 be adopted.
9C. AIRPORT TERMINAL EXPANSION CONSTRUCTION
Recommendation: That the Council award contract for (051-
construction of the Airport Terminal expansion to Turner 055)
Construction Company for $6,326,100, including Alternates
2 and 4, CP90-17, A2984; and authorize the Director of
Aviation to approve change orders up to a total of 5%
of the original contract, subject to ratification by the
Council .
Director of Aviation reviewed his report, and explained
the purpose of Alternates 2 (an addition of $17,100, )
and Alternate 4 (a net saving of $9,000) ; base bid $6.399
million.
Resolution 17489, as recommended, was presented; after
which, it was moved by Broich, seconded by Murawski , and
unanimously carried, that R17489 be adopted.
9D. TM 176/2-1 DECLARATION OF PUBLIC STREET
(137-
Recommendation: That the Council declare the east 920 )
feet of Lot C of TM 17652-1 (Section 35) a right-of-way
for streets, highways, underground services and public
utility installation purposes.
Director of Community Development reported that the
right-of-way will provide access to Desert Water Agency
for development of wells on Lots 5 and 6 previously deeded
by the City to DWA.
Resolution 17490, as recommended, was presented; after
which, it was moved by Neel , seconded by Broich, and
unanimously carried, that R17490 be adopted.
10. CUP 5.0290 - ANGEL VIEW THRIFT SHOP
Recommendation: That the Council approve a series of (078)
12-month time extensions for Conditional Use Permit for
thrift shop use at 462 N. Indian Canyon, for Angel View,
until a master plan for the subject area is approved (Item
pulled from Consent Agenda). Director of Community
Development reported that a series of one-year extensions
is recommended, in order to avoid conflict in uses with
the Vision Plan for downtown.
Resolution 17491, as recommended, was presented; after
which, it was moved by Neel , seconded by Murawski , and
unanimously carried, that R17491 be adopted.
Council Minutes
4-17-91 Page 12
CONSENT AGENDA:
1.1. MO 4752 approving assignment of contract for procurement of (139-
a 250 ton gas fired absorption chiller (York International 004)
A2960) to Walsh Construction (A2968) .
12. MO 4753 approving extension of agreement with O'Linn Executive ( 139-
Security Services for the Convention Center, for one year, 001)
as provided in Agr 2622.
13. Res 17492 authorizing City Manager to approve construction (139-
change orders for amounts up to $25,000, for the Convention 004)
Center Project.
14. MO 4754 approving a contract (subject to City Attorney final ( 139-
form) with Soils Testing & Engineers Inc. , to provide soils 004)
testing and geotechnical services at its standard rates, up
to $50,000, for the Convention Center Expansion project A2985.
fly. Res 17493 authorizing filing for a grant agreement with Office (113-
of Criminal Justice Planning for second year funding of the 001)
Youth Court Program.
16. Res 17494 approving Claims & Demands. (086)
17. Motion concurring in CRA Resolutions 764 - 770. (124)
It was moved by Broich, seconded by Neel , and unanimously
carried, that Resolutions 17492 through 17494 and Minute
Orders 4752 through 4754, and motion in Item 17, be adopted.
ADDED STARTERS:
18. GRAFFITI REMOVAL PROGRAM
Recommendation: That the Council approve an urgency
ordinance amending the Municipal Code declaring graffiti
to be a public nuisance, prohibiting possession and sale (103-
of aerosol containers of paint to minors, prohibiting O01)
graffiti , and providing for its removal by i:ity officials
at city expense; and establish a reward program for persons
offering information leading to the apprehension of graffiti
vandals.
Upon motion duly made, seconded and unanimously carried,
this matter was determined eligible for consideration
and added to the agenda.
Streets & Facilities Manager reviewed the details of the
proposed amendments, as outlined in his report on file
with the City Clerk, and the guidelines for graffiti removal
on private property, i .e. , clear notification to the
property owner that cooperation can result in removal
at no cost to the owner, and failure to cooperate will
result in all costs being charged to the owner, with the
possibility of a lien against the property. He stated
that the staff wi lI contact surrounding cities; in an effort
to get them to adopt similar programs; and will work with
the Public Relations Manager to quickly inform local
merchants and residents.
Councilmember Hodges stated that she will also bring up
the subject at the CVAG Executive Committee, with the
possibility of considering a task force to deal with the
gang issue.
Council Minutes
4-17-91 Page 13
18. GRAFFITI (Continued)
Ordinance 1380 was presented, entitled:
AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTIONS 11.72. 172 AND 11.72.174
OF THE PALM SPRINGS MUNICIPAL CODE DECLARING GRAFFITI
TO BE A PUBLIC NUISANCE AND ADDING CHAPTER 11.70 TO
THE PALM SPRINGS MUNICIPAL CODE PROHIBITING THE POSSESSION
AND SALE OF AEROSOL CONTAINERS OF PAINT TO MINORS,
PROHIBITING GRAFFITI , PROVIDING FOR ITS REMOVAL BY CITY
OFFICIALS AT THE CITY'S EXPENSE AND ESTABLISHING A REWARD
TO PERSONS OFFERING INFORMATION LEADING TO THE
APPREHENSION OF GRAFFITI VANDALS.
and Resolution 17496, as recommended; after which, it
was moved by Broich, seconded by Hodges, and unanimously (114-
carried, that further reading be waived, and that 01380 004)
and R17496 be adopted.
19. CANYON PARK RESORT & SPA
Recommendation: That the Agency/Council approve terms
of an exclusive agreement to negotiate with Canyon
Development and direct staff to prepare Development
Agreement for consideration. (133-
Councilmember Hodges stated objection to adding this matter 006)
to the agenda at this late date, and that the public has
not had an opportunity to see it; and that she considered
it totally wrong to proceed with its consideration at
this time.
It was moved by Broich, seconded by Murawski , and carried
by the following vote that this matter be determined
eligible for consideration and added to the agenda:
AYES: Broich, Murawski , Neel & Bono
NO: Hodges
ABSENT: None
City Manager reported the following correction to the
proposed Council resolution: Section 1 ". . .40 years,
to the extent legally permitted. " and Section 2, ". . .Canyon
Development agrees to pay to. . . . . .for paid advertising
. . . . . .for the promotion of the City of Palm Springs".
r yip
Council Minutes
4-17-91 Page 14
19. CANYON PARK RESORT & SPA (Continued)
Director of Economic Development reported that the Canyon
Development has undertaken the acquisition of leases and
lands surrounding the Canyon Hotel in the southern portion
of Palm Springs; has designed a resort/spa unparrelled
in the history of Palm Springs; has funded the environmental
studies necessary to identify impacts which need to be
mitigated in order to develop this project; and has funded
the redevelopment studies for the area in preparation
for consideration of the adoption of a redevelopment area
- the primary purpose will be to leverage future tax
revenues in making the project a possibility; secondly,
to assist, if needed, in acquiring private property to
make the private development possible. He stated that
Mr. Solomon estimates that when fully completed, the
development of the project will exceed $1.5 billion
valuation in the newly created redevelopment project area,
and requests that the Agency pass-back 95% of the Agency's
net tax increment created by the project, without which
there is no substantial revenue for a period of 35 years;
that the life of the proposed redevelopment: plan is 40
years, and the 20% increment that is set aside for
low/moderate income housing development for such period
of time is sufficient to allow the developer to recapture
its investment in the low/moderate component of the project
- estimated to occur over the first 18 years; that the
developers performa shows no per annum earnings for the
first 13 years, the internal rate of return shows a 4. 5%
rate of return over 35 years; that the developer also
requests that 7¢ of the 9¢ of the TOT generated by the
Canyon Park Resort be passed back to the developer for
a period of 40 years to provide the project a positive
cash flow; that the developer agrees to pay to the the
Visitor and Promotion -fund, commencing after the first
year of the hotel ' s operation $250,000 in year two, $300,000
in year three, $350,000, and $500,000 in all successive
years until the end of the 40 years; and that the final
development agreement will ensure that the funds are
utilized for legally permissible Agency work, including
infrastructure, rights-of-way improvement, beautification,
housing improvement for low/moderate income households,
and economic development improvements.
He stated that the total project undertaking, not including
the financing is estimated to be $500 million; that the
proposed agreement limits reimbursements to the developer
at $500 million over a 40 year period, which still provides
substantial sums of money available to the City, the
Redevelopment Agency and other taxing agencies, e.g. ,
the division of the estimated $2,078,982,239 dollars (over
the 40 years) is as follows: Canyon Park Resort and Spa
is asking for $500 million; the taxing agencies, if
successful pass-thru agreements are negotiated, would
absorb $610,725,042; the City of Palm Springs would receive
$213,375,337 through TOT; the Redevelopment Agency would
receive $431,820,146; and the low/moderate 'income housing
set aside fund would receive $323,121,380. He stated
that the pass-back to the developer should be viewed in
terms of the developer' s proforma with the understand ng
the developer should be expected to make a reasonable
return on his investment; that the final development
agreement will be returned to the City Council and the
Redevelopment Agency after the adoption of the Canyon
Redevelopment Plan, if staff has been given direction
by those bodies; that the exclusive right to negotiate
takes the approval of the Agency and the City Council ;
that the redevelopment plan for the Canyon Project Area
is expected to be ready for consideration in June, 1991.
Council Minutes
4-17-91 Page 15
19. CANYON PARK (Continued)
It was moved by Broich and seconded by Murawski , that
Resolutions 17475 (City) and 770 (Agency) be adopted.
In answer to question by the Agency/Council , the Director
of Economic Development reported that additional information
that was received yesterday from the developer that the
sales tax revenue to the City from the hotel alone is
estimated over the 40 years at $46,635,532; and there
will be additional taxes accrue from all of the other
development that occurs; that there will be two forms
of revenue, other than what he mentioned, i .e. , sales
tax revenues that various merchants will collect as a
result of the construction of these buildings and
landscaping, etc. , and, secondly, the high income people
in that area of the community who will shop downtown.
Council/Agency Member Hodges stated she felt manipulated
by City staff, by the developer and by the Mayor; that
this matter could have been put on the regular agenda,
and presented in due time, but for whatever reason it
was not; that she received a phone call this afternoon
that Mr. Feenstra was going to deliver papers and documents
to her office, which would have given her the opportunity
to look at them prior to the City Council meeting; that
before 5 o'clock she received another telephone message
that would not be possible to deliver the documents, and
they would be available at the meeting; that this matter
is a tremendous decision - the Council/Agency are not
just entering into exclusive negotiations, but are giving
away negotiating rights on these particular issues, by
stipulating that this is what the Council/Agency are going
to commit to; that the commitment is for the revenues
of the City of Palm Springs in this particular redevelopment
area for 35 years, which is a tremendous amount of money
and a tremendous amount of time; that she feels the matter
has been rushed through City staff, and it has been rushed
through the City Council ; that she resents having a last
minute rush decision on a a project of this major of a
decision; and she did not see any reason why it could
not have been brought forward at a proper time, and with
proper documentation, so that not only the Council , but
the people of Palm Springs would have been able to see
it. She stated that if negotiations have been going on
for sometime, she was not aware of it.
Mayor/Chairman stated that negotiations have been going
on for several months, and is not something that was
negotiated overnight; that on occasions Councilman Broich
asked him if negotiations had broken down on it, Councilman
Neel has asked him if they had broken ground, and the
tenor of the Council has been a desire to get this project
moving, because the town needs it; that prior to this
Council , it was the desire of Councilmembers Broich, Neel
and himself to get a project of this scope in the Canyon
area, and all worked deligently - including Councilmember
Broich's independent action to duplicate this type of
process in the very same area with another developer,
which did not come about, but was consistent with a goal
desired for the last three years; that the Council/Agency
are not giving away their money, rather Mr. Adler and
Mr. Solomon are being given the privilege of spending
$500 million developing this community, and all they have
to do now is make it work; that if there is a risk from
the beginning, they at least have their share of the risk.
Council Minutes
4••17-91 Page 16
19. CANYON PARK (Continued)
He stated that he did not see any skulduggery or deception,
and firmly believes that the community is at a crossroads,
and without this kind of project, and this kind of
community, and an improvement in the quality and affluence
of the community, that in a very short time it is going
to be in dire straits; and then the only way to bring
money into the community will be by taxation.
Council/Agency Member Hurawski stated that he appreciated
Councilmember Hodges ' concerns, and thinks there are some
things which can be done to improve lines of communication
with the developer, and he hoped that will be done, and
members will individually be more informed than they have
had the opportunity to be; that he had a lot: of material
in his packet and has been aware of this, and even asked
questions of Mr. Feenstra several weeks ago; that he did
not know where the proposal came from, but having it in
his folder, he studied it and asked questions; that it
is very complicated, and it appears as if the Council
is giving away something tremendous, but it is not the
citizen ' s money, rather substantial money that could
eventually come in as 'taxes, and if the shovel is not
put in the ground pretty soon, the whole community is
going to be in trouble; that something has got to happen
soon to start sending a signal to the rest of the world
that things are going to turn around; that he hoped this
is not the only project that the Council is going to
support, and those that are flying around in the background
will also come together, and work in tandem with this
project, because they will all complement each other.
He stated that it is essential to recognize that this
is not the only thing going on, but it is the first thing
that has gotten off the ground; that he realized the
seriousness of the action, and has pondered it for more
than the last couple of days.
Director of Economic Development stated that he did not
mean to offend Councilmember Hodges, and his every intent
was to try to get the papers out as early as possible
to her, and the other members; however, as the day wore
on, the changes occurred continuously, trying to clarify
and satisfy the concerns of everyone who was working on
the negotiations, and it was probably 5:30 or 6:00 p.m.
before the last final wording was achieved.
City Attorney stated that the materials had to go through
his review several times, and he also offered his apologies.
Motion by Broich, seconded by Murawski , to approve said
Resolutions 17495 (Council ) and Resolution 770 (Agency)
with corrections as noted by the City Manager, were adopted
by the following vote:
AYES: Broich, Murawski , Neel , & Bono
NO: Hodges
ABSENT: None
COMMISSION APPOINTMENTS:
a) Convention Center Commission, vacancy for term end
6-30-91 - None
b) Council liaison or other representations-None
.`
Council Minutes
4-17-91 Page 17
c) Task Force re Gangs
The following persons were selected by members of
the Council to serve as an ad hoc committee to explore
gang related issues in the community, to be chaired
by Councilmember Broich: (selected by Councilmember (060-
Murawski ) Mike Olman, Phil Short; (selected by 010)
Councilmember Broich) Jeanne Reller, Terry Tatum;
(selected by Councilmember Neel ) Charles Koller, Jim
Barrial ; (selected by Councilmember Hodges) Larry
Raussa, Ron Williams; (selected by the Mayor) Terry
Weiner, Wil Kleindeist.
d) City Representative to Martin Luther King, Jr. Federal
Holiday Commission Information & Planning Conference:
City Manager reported that the Council indicated at
its last study session, a desire to designate Edward
Joseph as the City's representative to the above
conference, and he recommended that be confirmed,
and the Council establish the following policy for
reimbursement, not only to Mr. Joseph, but for any
citizen:
The City Council , at its sole discretion, may
designate citizens as official city representatives
to specific events and/or conferences upon written
request, where or when such occurrence, or conference,
or event involves a significant public interest,
on a case-by-case basis. The City Council , at its
sole discretion, may approve a total reimbursement
from the city; or reimbursement from the city subject
to limitations designated by the Council ; or a
cost-sharing reimbursement between the designee
and the city.
It was moved by Hodges, seconded by Broich, and unanimously (06C-
carried, that Edward Joseph be designated as the City's 010)
representative to the stated conference, and reimbursed
for his expenses.
It was moved by Murawski , seconded by Hodges, and
unanimously carried, that the policy concerning appointments (114-
and reimbursement of expenses for citizen designated 004)
representatives, as recommended, be adopted.
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
a) Councilmember Broich requested that whenever an action
of the Council is continued, that a brief synopsis
of the Council ' s action be included in the subsequent
staff report.
PUBLIC reports or requests - None
STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned.
u/JUDITH SUMICH
City Clerk