HomeMy WebLinkAbout1991 - MINUTES - 6/19/1991 f
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CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JUNE 19, 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, June 19, 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
LaVeta Dillman, Chapel on the Way
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with
Council procedures on June 14, 1991.
PRESENTATION OF AWARD: Employee Recognition Award presented to
Jerry Poss, Police Department.
COMMUNITY REDEVELOPMENT AGENCY: Mayor/Chairman convened the City
Council and Community Redevelopment Agency in joint session.
JOINT PUBLIC HEARING:
1. CANYON DEVELOPMENT
(Note: A summary of the joint hearing, including points
discussed, persons who spoke, and actions taken, is
contained herein. For full detail , reference is made
to the transcript of the proceedings on file in the Office
of the City Clerk).
Mayor stated that the purpose of the series of joint public
hearings was to consider and act upon: The EIR on the (133-
Redevelopment Plan, Canyon Park Resort and Spa Specific 006)
Plan; and the General Plan Amendments; the General Plan
Amendments, the Canyon Resort & Spa Specific Plan, and
the Canyon Redevelopment Plan.
Conflict of Interest: City Attorney/Agency Counsel reported
on the results of his review of Agency/Counci]member' s
Statements of Economic Interests in real property, and
found that none of the members own property in the project
area. He commented specifically on the Mayor/Chairman's
recent acquisition/disposal of interest in an Indian-owned
parcel , discussions with the BIA, and the Fair Political
Practices Commission, and the conclusion that he does
not own an interest in the property, and does not have
a conflict of interest in participating in this matter.
Exhibits: City Attorney/Agency Counsel entered Exhibits
A, B and C, concerning affidavits of publication of notice
of hearing; certificate of mailing notice of hearing to
property owners; and certificate of mailing notice of
hearing to taxing agencies.
Mayor read procedural steps to be followed in the conduct
of this matter, as detailed in the script of the
proceedings, pages 3 and 4.
0
Council Minutes
6-19-91 Page 2
1. CANYON DEVELOPMENT (Continued)
Statement of Findings for Adoption of Redevelopment Plan:
City Attorney/Agency Counsel summarized eleven findings
and determinations related to the Redevelopment Plan as
set forth in Section 33366 of the Health & Safety Code,
and as detailed in the script of the proceedings, pages
4, 5, and 6.
Transmittal & Receipt of Report: City Attorney/Agency
Counsel recommended that prior to beginning the staff
reports and public hearings, the Agency formally transmit
the Redevelopment Plan and its report on the Plan to the
City Council , and that the City Council receive the report;
after which he read titles of Agency Resolution 787
transmitting the Plan; and City Council Resolution 17542
receiving the report. It was moved by Broich, seconded
by Neel , and unanimously carried, that R787 be adopted.
It was moved by Broich, seconded by Murawski , and
unanimously carried, that R17542 be adopted.
EIR: Assistant Planning Director referred to and summarized
the EIR on the Redevelopment Plan, which is also a part
of the Report to the City Council ; noting that the City
Council was the "lead agency" in the preparation of the
EIR (refer to transcript for details, and to the EIR on
file with the City Clerk) .
Mayor declared the hearing open for any statements or
testimony regarding the EIR.
City Attorney/Agency Counsel reported receipt of written
communications from Best, Best & Krieger by Dan Olivier
representing StepTal Inc. ; from the Agua Caliente Tribal
Council ; from Kane, Balmer, Berkman representing SmokeTree
Ranch.
Paul Selzer, Best, Best & Kr'iger, asked if all statements
concerning this matter could be incorporated into one
testimony.
City Attorney stated that the Council/Agency could conduct
the matter as one hearing, however, he recommended that
the environmental assessment be separated from the remaining
issues; that general comments should not be turned into
environmental issues, when that was not the intent.
The following persons spoke concerning the EIR:
Paul Selzer, Best, Best & Krieger, spoke in opposition
for the reasons which he previously stated in writing,
as well as the testimony given before the Planning
Commission. He submitted an additional letter.
Bradley Hudson, representing Riverside County, objected
to the proceedings, in that the Agency should hear all
matters related to the Redevelopment Plan at one hearing.
He stated that the EIR does not provide or assess the
impacts on the County; nor address lack of County revenue,
population growth, housing, timing of the plan, low or
moderate income requirements, private enterprise rather
than redevelopment accomplishing the plan. For Full details
refer to the transcript on file.
-V
Council Minutes
6-19-91 Page 3
1. CANYON DEVELOPMENT (Continued)
Dan Olivier, Best, Best & Krieger, representing StepTal ,
expressed objection to the certification of the EIR and
other actions taken this date, based on inadequacy of
not addressing serious impacts for the alignment of Acanto
Way directly into the Andreas Point Project, and acquisition
of all , or a portion of, one lot in said project; that
the report does not address impacts caused by construction
of the new bridge, air and noise pollution, and aesthetic
values, alternates to bridge alignments and connection
with Acanto Way; abandonment of Bogert Bridge in terms
of safety and visual pollution. For ful'I details refer
to the transcript: on file.
Dr. Eric Williams, 1009 Andreas Palm Drive, on behalf
of Andreas Point Homeowners Association, incorporated
all previously written comments by Terra Nova and
representatives of Smoke Tree Inc.
John Adams, Planning Consultant for the Agua Cal'iente
Tribal Council , and twenty-eight Allottees, stated that
703 of the 746 acres in the project area are Indian-owned,
and 60% is still in Trust Land status. He reviewed portions
of the letter he submitted, and stated that the Tribal
Council approved the EIR with the exception of the traffic
circulation aspect, because it felt it was not analyzed
in depth, and did not provide for extension of Barona
and Murray Canyon Drive. For full details, refer to
transcript on fille.
Joseph Solomon, 2850 S. Palm Canyon, stated that the EIR
was developed with the intent of creating the "worst case
scenario" in each area assessed, which he did not feel
would happen; that he felt the new bridge design was the
most prudent way to address traffic circulation, and felt
most people living in the area would favor it. For full
details, refer to transcript on file.
Jeremy Crocker, 330 W. Arenas, expressed concern about
the ability to carry out the EIR from a financial aspect.
For full details, refer to transcript on file.
Sabrina Schiller, attorney, Barish & Hill , submitted written
communication, including copies to Council/Agency members,
and spoke concerning particulate matter and lack of
discussion about visibility in the assessment; that school
impact, beyond the fee, was not discussed, nor whether
the fee will be adequate to solve the problems; that viable
alternatives to water consumption are not addressed, stating
opinion that reclamation is not a satisfactory substitute
for retrofit of existing uses; that it does not address
balance of living life-style to housing for employees,
nor cumulative 'impact on related projected, e.g. , the
raceway; that the area has been geographically restricted;
that there are no comments from the South Coast Air Quality
Management District. For full details, refer to transcript
on file.
Jack Matlock, on behalf of PSUSD, COD, and Mosquito
Abatement Districts, stated that the districts have analyzed
the project and EIR and support it and Ibelieved it may
be certified; that the EIR addresses the school impact
mitigation fee provided by law; that after staff
discussions, he feels the needs will be attended to, and
believes there are viable programs that can be accomplished
for the community. For Full details, refer to 'transcript
on file.
Counci/CRA Minutes
6-19-91 Page 4
1. CANYON DEVELOPMENT (Continued)
John Welborne, 1800 S. Sunrise Way, speaking for himself
and Robert Pond, expressed concerns regarding Acanto Way.
For full details, refer to transcript on file.
There were no further appearances, and the hearing on
the EIR was closed.
Specific Plan: Assistant Planning Director displayed
exhibits and explained the Specific Plan, noting that
the project no longer jncludes a full exhibition tennis
center, and displayed simulated photographs from varying
vantage points, including Andreas Palms, and overall and
segments of the hotel and other building masses.
Redevelopment Plan: Redevelopment Consultant, Hunter
Johnson of American Development Consultants, reviewed
some of the major points of the Redevelopment Plan, and
the findings that the Council/Agency will be asked to
make; that "blight" includes a significant lack of
infrastructure, e.g. , flood protection, streets, curbs,
and other facilities not appropriate for development,
as well as inappropriate land use, size of lots, scale
and use of property; that the report substantiates blight
in the area; that 58.5 acres are owned by varying agencies,
leaving 687.5 acres., of which all but 32 can either be
considered developed, or integrated part of the urban
area; that development has "leap frogged" over the site,
and very little development has occurred in the heart
of the project, rather ,significantly surrounding it, and
that the analysis will show that the finding can be made
regarding degree of urbanization; that the "project
undertakings" are described in the plan, and low/moderate
income housing will be limited to $372 million in tax
increment, and will be part of the housing undertaking;
that the plan is limited to 40 years, over which $2. 1
billion is expected in tax increment, a significant portion
of which will pass through to the varying taxing agencies;
that 20% will be set aside for housing; that 15% of all
housing within the project area must be available for
low income families, 90 employee units are to be dedicated,
with remaining expected to be met outside of the project
area; that the Tribal Council expressed concerns about
eminent domain and rules for owner participation, both
of which has been accommodated; and that fiscal review
committee met, and made recommendations, and accommodate
three of its Four recommendations, and pass-through
agreements will be concluded shortly. For full details,
refer to transcript on file.
Additional Exhibits: City Attorney/Agency Counsel submitted
Exhibits D, E, F, G, and H, relating to the Report of
the Agency, the Report of the Planning Commission, the
Redevelopment Plan, the Rules of Participation and Re-entry
Preferences; and the Relocation Method, respectively.
He also reported receipt of written communications including
those which addressed the EIR and other matters in a single
letter, (refer to transcript for details, Exhibdt I) .
It was moved by Murawski , seconded by 6roich, and
unanimously carried, that the documents be made a part
of the record.
City Attorney/Agency Counsel reported that all written
comments will be reviewed, and a response prepared to
them.
Council Minutes
6-19-91 Page 5
1. CANYON DEVELOPMENT (Continued)
Mayor declared the hearing open on matters remaining other
than the EIR:
Jeremy Crocker stated that the low income housing will
be located somewhere outside of the project area; that
he has found little information in the records concerning
the proforma of the developer, and that while the Council
may have received additional information directly from
the developer, caution needs to be taken to avoid any
corporate bankruptcy, or other financial problems that
would negate implementation; that he submitted the little
information he had to a Professor Brickley of UCLA, whose
letter was submitted as part of written communication
of Barish & Hill , from which he read a portion of the
content; and he stated that Exhibit I has a $1 billion
error in it. For details, refer to transcript on file.
Sabrina Schiller, Barish & Hill , challenged the finding
that the area is urban or urbanized, which in her opinion
at most would be 36%; that only one property has an approved
final subdivision map, and cited several court cases to
demonstrate her point concerning blight; that the Plan
merely subsidizes the developer, and does not provide
the relief required by the General Plan; that she felt
it was clear that safety requirements would not be met,
and the Open Space and Recreation Land use elements will
be violated; that there is no provision for a fire station,
although a reference to Mello-Roos, which is followed
before the project is completed, would only require the
developer as the landowner to vote against it; that
employees probably will not be using the same amenities;
and that the Specific Plan is inconsistent with the General
Plan, and cannot be approved. For details, refer to
transcript on file.
Jack Matlock, PSUSD, COD and M.A.D. , spoke in favor, of
the plan, stating that local tax dollars will help local
projects; that the schools are in dire need of help, and
it is not enough to redevelop an area, without redeveloping
the schools in that area; that there are no State programs
for rehabilitation or construction of new facilities;
that the school impact mitigation fee does not accomplish
the District' s needs; that he looked forward to finalizing
the various pass-through agreements, and providing benefits
to the entire community. For details, refer to transcript
on record.
Mayor/Chairman declared a five-minute recess.
Paul Selzer, Best, Best & Krieger, representing Smoke
Tree, incorporated by reference written comments made
by his firm and other consultants retained by Smoke "free
and on file; and stated that they are negotiating with
Canyon Development and hope to be successful in the outcome;
and that he understood these matters would be continued
to July 3.
Frank Coffee, agreed with Ms. Schiller, and added that
public opportunity for review should have happened before
now; that public use of trails will be limited to only
horseback riding; that a 79-foot high building will require
another fire truck; and questioned if the golf course
would be public, and why the project is gated, if public
funds are involved. He suggested this matter be placed
on a ballot for voter consideration.
Council Minutes
6-19-91 Page 6
1. CANYON DEVELOPMENT (Continued)
Dee Dee Stone, 142 Eastlake, questioned why city funds
were being spent, and why tax dollars should pass through
to others.
Charles Schaffer, President, Canyon Heights Homeowner
Association, questioned why their project is included
in the project area; that the Redevelopment Plan is vague;
that they do not know how to object, because they do not
know what role they play in the Plan, or precisely how
it affects them; and that they are excited about the hotel
project, but uncertain as to how to support it without
knowing the facts. For details, refer to transcript on
file.
Dan Olivier, Best, Best & Krieger, incorporated all previous
comments, written or otherwise, and stated that extension
of Acanto Way adversely impacts his client, is expensive,
and environmentally unsound.
Dr. Erik Williams, Steering Committee for the Coalition
for Canyon Park Development, and Andreas Homeowners
Association, thanked Mr. Solomon for changes to address
some of their concerns, and stated that they remain firmly
opposed to the original street alignment; that concerns,
discussions and agreements are contained in their written
communication; and are firmly opposed to the proximity
of the hotel to Andreas Canyon Estates, i .e. , at one point
it is 200 feet from one property, and it should be moved
westerly or reduced in height at that point. For details,
refer to transcript on file.
John Adams, Planning Consultant for Tribal Council , noted
that the Tribal Council Chairman was out-oi-town, but
the Secretary and a number of Allottees were present,
as well as B1A representative of local office] read from
his letter previously referred to, noting that a letter
from the Tribal Council be submitted in a short time.
For details, refer to transcript on file.
Dorothy Hurwitz, 2911 Cirvantes Court, stated that the
Redevelopment Plan showed Canyon Heights tennis court
moved to another location, but they were not consulted;
and they want to make certain that whatever is to be done
will con Form to their borders and concerns.
Brad Hudson, Riverside County, expressed mild opposition
to the Redevelopment Plan based on fiscal detriments,
from legal and environmental issues; that there are some
concerns about the loss of tax dollars, and the expected
demand for County services, particularly, in terms of
servicing the labor force who will fill the jobs created
by the project; that fiscal impacts, and recommendations
of the Fiscal Review Committee need to be considered;
and he submitted additional written materials. For details,
refer to transcript on file.
Dave Zappy, RCFCD, submitted letter to the Fiscal Review
Committee, and expressed confidence that successful
pass-through agreements will be reached. For details,
refer to transcript on file.
John Wellborne, incorporated written and verbal comments
For the record.
Council Minutes
6-19-91 Page 7
1. CANYON DEVELOPMENT (Continued)
Joseph Solomon, developer, responded to several of the
comments which were made, noting that the project only
requires 90 units to fulfill the low/moderate requirement;
that there will be more employee units than that on site;
that proper amenities for employees will be provided to
assure a reasonable, or more than reasonable, life-style;
that he is willing to adopt the cost of a fire station
into the project, and it will be built somewhere in the
project area near the new pump station; that designs will
be worked on with the homeowners' associations; and that
if any member of the Council feels it does not have enough
information about the corporation, he will supply whatever
is asked for.
There were no further appearances, and the hearing was
closed.
It was moved by Broich, seconded by Murawski , and
unanimously carried, that the remaining matters be continued
for response to the written comments, and other proposed
actions on January 3.
HOUSING AUTHORITY, IDA: No business
APPROVAL OF MINUTES:
It was moved by Hodges, seconded by Broich, and unanimously
carried, that the minutes of May 28, 1991, be approved
subject to correction that "Friends of Environment" be
changed to read, "Friends of the Cove." in Item 9.
OTHER PUBLIC HEARINGS:
2. FIRE SUPPRESSION BENEFIT ASSESSMENT DISTRICT
On May 28, the Council directed that a report be prepared
and filed, and hearing thereon set, on proposed city-wide
Fire Suppression Benefit Assessment District. (Note:
This matter was actually heard at the beginning of the
meeting)
City Manager reported that the proposal started as an
effort to correct a serious safety condition, i .e. , the
two-man engine company. (083-
Fire Chief reported that the fire safety unit, and fire
management personnel , are solidly behind the proposal ;
that he recommended the matter be placed on the November
ballot, which will give an opportunity to continue providing
information and education for the public: to help them
make a decision. He stated that currently, the first
company to the fire scene cannot make an aggressive attack
until help arrives from another squad; that timing is
critical in emergency response; that the Department wants
to provide for three-man engine staffing,, and to man a
truck purchased in 1978, which has not been adequately
manned since it was purchased; that tradiitional property
taxes have not kept up with the demand for services, that
the demand has increased, e.g. , population has increased
twofold, at the same time fire staffing has reduced 33%;
that a firefighter paramedic will be provided, at a cost
66% less than Springs Ambulance paramedic,/ambulance cost;
that other communities in the Valley have done the same
and it has not caused the private company to go out of
business; that there is ample business for the private
service; that fees will be charged to cover the
paramedic/ambulance
f e,:
Council Minutes
6-19-91 Page 8
2. FIRE BENEFIT (Continued)
service; that paramedic skills will only be one more skill
that the firefighter will be able to use; that the ISO
(fire) rating for the community will be -improved; and
that he believed that once the Department has had an
opportunity to provide the information, that the community
will support its efforts.
Mayor stated that it appeared the Council would place
the matter on ,the ballot, and solicited the reaction,
in terms of whether to pursue with the hearing.
It was moved by Broich, seconded by Neel , and unanimously
carried, that the staff prepare action to order placing
this matter on the November ballot.
Following a short applause, Mayor declared a five-minute
recess; and upon reconvening the City Attorney recommended
that for procedural purposes, the hearing should be formally
opened and closed.
Mayor declared the hearing opened.
Herb Pasik, 3189 Anzuelo Circle, stated that he agreed
the matter should be placed on the ballot; and that he
thought the public would support it.
Frank Coffee, 2127 Brentwood, stated that he hoped the
information to be provided will make it clear how the
assessment is to be paid, and what the taxpayer is getting
in return; that it needs to be clear if there is a limit,
or if, like a tax, it increases each year.
Alan Bayrak urged that the Council make the assessment
a fair and just amount; that tenants should not have to
pay for amenities which are the burden of the landlord;
that the assessment is one more tax on a segment of society
that cannot afford it; and urged that a percentage that
is fair to tenants, mobilehome owners, and landlords should
be set.
There were no further appearances, and the hearing was
closed.
3. SEWER SERVICE CHARGES, 1991-92
Recommendation: That the Council elect to have the sewer
service charges for 1991-92 collected on the tax rolls.
City Manager highlighted memorandum of Director of Finance, (140-
as on file with the City Clerk. 003)
Mayor declared the hearing opened; there were no
appearances, and the hearing was closed.
Resolution 17543 ) as recommended, was presented; after
which, it was moved by Broich, seconded by Hodges, and
unanimously carried, that R17543 be adopted.
A (i
Council Minutes
6-19-91 Page 9
4. SUNRISE/TACHEVAH TRAFFIC SIGNAL - RES. OF NECESSITY
On June 5, the Council continued consideration of Resolution
of Necessity to acquire certain property for traffic signal
installation at NW and SW intersection of Sunrise Way �$0j
and Tachevah. City Manager recommended that the hearing
be further continued in order to conclude negotiations
with the property owners.
It was moved by Broich, seconded by Neel , and unanimously
carried, that the hearing be continued pending continued
discussion with the property owners.
5. COMPREHENSIVE FEE SCHEDULE - SEWER FACILITY FEE ADJUSTMENT
Recommendation: That the Sewer Facility Fee be 'increased
to $3,628 for each residential unit with a corresponding
percentage increase for commercial , industrial , and hotel
units as of July 1, 1991. (114-
006)
City Manager highlighted memorandum of Director of Finance,
as on file with the City Clerk.
Mayor declared the hearing opened; there were no
appearances, and the hearing was closed.
In answer to question by Council , Director of Finance
stated that the fee relates to the Wastewater Treatment
Plant expansion, and refinancing of related bond issue.
Director of General Operations reported that the intent
was to recover the cost of the city' s investment in
expanding the plant.
Councilmember Hodges asked that this matter be delayed
in order to receive a report on the Wastewater Treatment
Fund, including this matter.
Councilmember Broich asked that the report also address
whether there is a standard relationship on restaurant
sewer hookup/connection charges.
It was moved by Hodges, seconded by Broich, and unanimously
carried, that this matter be continued to July 3, 1991.
6. UPDATED CONFLICT OF INTEREST CODES
Recommendation: That the Council approve updated conflict
of interest codes for the City Manager' s Department and
the Department of Community Services & Promotions.
City Manager highlighted the memorandum of the City Clerk, (063-
as on file. 001)
Mayor declared the hearing opened; there were no
appearances, and the hearing was closed.
Minute Order 478b, as recommended, was presented; after
which, it was moved by Broich, seconded by Hodges, and
unanimously carried, that MO 4786- be adopted.
Council Minutes
6-19-91 Page 10
PUBLIC COMMENTS:
a) Dee Dee Stone stated her opinion that the Council
should not make the decision concerning the raceway,
rather it should be placed on the ballot for the voters
to decide.
b) AB101
Andrew Drexler asked that the Council endorse AB101,
relating to discrimination in housing. (098
Aaron Wilhigh (?) , West Covina, member of Southern 001)
California DAPS, also asked for support; of AB101,
and commented on the lack of handicapped bathrooms
in the Council Chamber.
Staff was asked to follow-through on the concern.
Gary Bosworth urged support of AB101, stating that
as a 'tourist town, the City needs to be aware of all
visitor needs - referring to facilities for the
handicapped.
Joanne Wilhigh (?) , West Covina, asked the Council
to do something about inadequate handicapped restroom
facilities in the Council Chamber, noting that she
had to use the outside restroom, which was locked,
and that there is not enough room to accommodate a
wheelchair inside the Council Chamber restroom.
c) Diane Marantz stated that the City purchased the
Equestrian Center lease in order to build and enlarge
the municipal golf course, and asked whether the City
was considering using tax dollars to operate an RV
park on the same site, and if so was an EIR prepared,
and how did the $1+ million spent to date on the golf
course plans and land acquisition fit into the picture;
that an RV park would be in competition with private (109)
enterprise, with no costs associated for expenses
faced by private enterprise, e.g. , licenses, water;
that her understanding is parking of an RV would be
allowed, not just associated with an event, but for
any reason; and she read a quote, which she credited
to Councilmember Murawski , and stated that the
Equestrian V was put on notice that it was in violation
of its lease, and the City was pushing for a golf
course, therefore, the facilities would no longer
be capable of accommodating RVs.
Councilmember Murawski stated that he agreed the City
should go into competition with citizens who are
paying tax dollars to the City, and that any RV parking
should be set at a rate that would make the private
rate more desirable.
LEGISLATIVE ACTION:
7. 1991-92 BUDGET ADOPTION
Consideration of actions related to the adoption of the
budget for 1991-92, and matters relating thereto. (061-
City Manager highlighted his budget message, a copy of
which is on file with the City Clerk, and noted that the
Council reviewed the budget at its last study session.
Council Minutes
6-19-91 Page 11
7. 1991-92 BUDGET (Continued)
Councilmember Broich expressed strong opposition to the
photo-radar item in the Police Department budget, and
asked what percentage of tickets are challenged, how much
it costs to defend the ticket, and how rental-cars are
handled; that he considered it discriminatory, gadgetry,
and an electronic: trap, which will cause challenges and
court costs, negative impact on insurance, and is unfair;
and that regarding the film festival , he would like an
accounting of its financial activity before approving
any further expenditure of City Funds for that purpose.
Motion by Broich to delete the funding for the photo-radar
failed for lack of a second.
City Manager reported that the film festival audit would
be brought back to the Council for review, and for Council
approval of expenditure of the film festival allocation.
Resolution 17544, adopting the budget, and Resolution
17545 adopting the 1991-92 Allocated Positions & Compensaton
Plan were presented; after which, it was moved by Murawski ,
seconded by Broich, and unanimously carried, that R17544
and 17545 be adopted.
8. MUNICIPAL CODE AMENDMENT - T.O.T.
9. POLICY RE EXPENDITURE OF T.O.T. COLLECTIONS
Recommendation: That the Council amend the Municipal
Code to provide a 1% increase in the Transient Occupancy
Tax; reduce the limit for non-transient rentals from 30
to 28 clays; increase registration ppermit fee From $5 to
$25; and add minimum penalty of $50 for late payments
and filings.
Recommendation: That the Council adopt policy concerning
expenditure of TOT collections relating to tourism, visitor (140-
promotion and paid advertising; and supersede Res 16985. 002)
City Manager highlighted the memorandum of the Director
of Finance concerning the T.O.T increase, as on file with
the City Clerk.
City Attorney stated that the two items are 'linked in
that the focus is to provide an increase in the T. D.T.
and to set aside that revenue for the specific purpose
of paid advertising; that the hotel association would
like a mechanism to assure that those funds would be spent
for such limited purpose; that the proposed ordinance
would establish the tax, and the proposed resolution would
restrict the use; that the hotel association is concerned
that the matter may be repealed by a future Council ; that
a voter approved issue would require a 2/3 vote; that
both matters would be on the ballot, and i1° desired, staff
would come back at the next meeting with specific ballot
language and other matters to place the issue on the
November ballot. He recommended proceeding with
introduction of the ordinance; and that language would
need to be drafted so as not to reduce the current
maintenance of effort from the T.O.T. in terms of funding
Community Services and Promotions.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADDING SECTION 3.24.036 TO THE PALM SPPRINGS MUNICIPAL
CODE IMPOSING AN ADDITIONAL ONE PERCENT (1%) TRANSIENT
OCCUPANCY TAX, AND AMENDING CERTAIN OTHER SECTIONS OF
CHAPTER 3.24 OF THE PALM SPRINGS MUNICIPAL CODE.
Council Minutes
6-19-91 Page 12
8/9. T.O.T. (Continued)
It was moved by Murawski , seconded by Hodges, and
unanimously carried, that further reading be waived; that
the Ordinance be introduced for first reading; that staff
prepare ballot materials and proposed resolution of
restricted use of the T.O.T. for Council consideration
on July 3.
10. VISION - PHASE II DOWNTOWN REVITALIZATION
On May 28, 1991, the Council continued consideration of
letter agreement with SENCA Palm Springs, Inc. , for Phase
II of the downtown revitalization operation of letter
agreement with SENCA Palm Springs, Inc. , for Phase II (133-
of the downtown revitalization program, to extend agreement 005)
to cover Phase II pursuant to Section 2.2 of Agr 2840.
City Manager reported that this matter was not ready for
action; and would be returned at a future meeting.
11. STREET OVERLAY - TAHQUITZ, SUNRISE, CALLE ENCILIA
Recommendation: That the Council award contract to Matich
Corporation for $719,422.05, for overlays of Tahquitz
Canyon Way (Indian to E1 Cielo) , Sunrise Way (E. Palm
Canyon to S. Riverside) , and Calle Encilia (Tahquitz to
Andreas) , CP87-24 - A3005.
City Manager reviewed the memorandum of the Director of (136-
Community Development, as on file with the City Clerk, ally)
noting that the original estimate was $860,000, and the
scope of the project was reduced to assure that the bids
came within budget.
Councilmember Hodges stated that simply because the funds
are available, the Council may not want to spend the
$123,000 for more sidewalks on Tahquitz at this time;
and she felt direction was sometimes lacking on these
matters.
City manager reported that the matter would be fully
explored before any changes are done; and staff will be
sensitive to the construction time schedule.
Minute Order 4787 as recommended, was presented; after
which, it was moved by Hodges, seconded by Broich, and
unanimously carried, that M04787 be adopted, with
instruction that the City Manager carefully/ monitor the
project.
12. STREET REPAIRS - IPS SERVICES C01
Recommendation: That the Council approve Change Order
No. 1 to increase contract with IPS Services, Inc. , by -) 2
$60,784.83 for additional work under the miscellaneous
street repair contract, CP90-08, A2969.
City Manager noted that the Council asked for additional
inquiry on this matter, and recommended it be continued
to June 25, 1991.
It was moved by Broich, seconded by Murawski , and
unanimously carried, that this matter be continued as
recommended.
Council Minutes
6-19-91 Page 13
13. EQUESTRIAN CENTER - HORSE FOUNDATION
Recommendation: That the Council approve a two-year lease,
with one two-year option, with the Horse Foundation, a
general partnership, to operate an equestrian center on
City-owned property - A3002.
City Manager highlighted the memorandum of the Director (log-
of Community Services & Promotions, stated that the lease 007)
contains a 90-day cancellation because of the longer time
needed to relocate the horses, should that become necessary,
and staff wants to review the legal description of the
site; and that the tenant will be required to pay the
water usage.
Director of Community Services & Promotions reported that
Mr. Finan and Vincent are primary owners of the new
corporation, along with ten other people; that the lease
is evolving, recognizing that it was originally designed
to be used for the WWTP site, however, it was felt
by staff that it would be sufficient until the bid process
is started.
City Attorney stated that if the bid process results in
no response, this company will still be in place at this
site, or if a better bid is received, it can be substituted
for this lease.
Minute Order 4788 approving lease as recommended, was
presented; after which, it was moved by Broich, seconded
by Hodges, and unanimously carried, Neel abstaining, that
MO 4788 be adopted.
14. ADDITIONAL LEGISLATIVE ITEMS: (Satisfied agenda posting
requirement) - None
CONSENT AGENDA:
15. Res 17546 amending the Comprehensive Fee Schedule to provide
a 10% increase in certain base rent, deposit, or fees for (114-
Angel Stadium, J.C. Frey Building, Leisure Center facilities, 006)
Swim Center, picnic areas, and Showmobile, effective July
1, 1991 - estimated revenue $6,000 per, year.
16. Res 17547 and 17548 approving increase in recycling surcharge
to generate revenue necessary to fund 1991-92 budget proposal (148-
for AB939 implementation; and approving Amendment No. 4 to 001)
A1298 with Waste Disposal Services to reflect city's increased
share of the recycling surcharge.
17. MO 4789 approving Change Order No. 3 for an increase in contract (051-
with Brickley Construction for removal of asbestos, of $17;,574,
Agr #2973.
18. MO 4790 approving written employee injury prevention safety (110-
and health program required by SB198, for City employees.
19. Res 17549 providing worker' s compensation coverage for volunteer
workers while participating in requested community events; (096-
and rescind Resolution 15844.
20. Res 17550 amending the budget to transfer $550,000 from Risk
Management Reserves to cover continued handling of new and (061-
outstanding liability claims and litigation for 1990-91.
Council Minutes
6-19-91 Page 14
21. Res 17551 amending the budget to appropriate $485,000 in the (061-
General Fund to cover City Attorney legal services for the
remainder of 1990-91.
22. Item as listed on consent agenda considered separately, see
Item 35.
23. MO 4791 accepting letter proposal from Conrad & Associates
to perform the June 30, 1991 financial audit for the City (058-
for $45,077, including Redevelopment Agency, Public Facilities 001)
Corporation, and Comprehensive Annual Financial Report. A3003.
24. MO 4792 awarding purchase of a data communications and terminal (117-
controller to Hewlett Packard, sole source provider, for 006)
$18,918.79, for Police Department DIMES.
25. MO 4793 awarding purchase of two plain paper copiers to National (084-
Business Machines, for $19,148.86.
26. Res 17552 approving sale of surplus property at 705 Palm Avenue (117-
to Frank & Arla Harden, for $62,000.
27. Res 17553 approving joint master agreement with CalTrans for
reimbursement of State funding for local roadway improvements (090
approved as eligible SB300 State - Local Transportation
Demonstration Program Share Funds - A3004.
28. Res 17554 and 17555 authorizing Wastewater Treatment Fund
Loan and budget amendment to appropriate $297,000 to the (061-
Redevelopment Agency, for settlement costs associated with
the Willard property - see CRA item this date.
29. Res 17556 and 17557 declaring intent to levy & collect
assessments for street lighting in Street Lighting Maintenance (056-
Districts I (Cahuilla/Belardo) and 2 (McManus) For 1991-92, 004/5)
and set hearing for July 17, 1991.
30. Res 17558 declaring intent to levy & collect assessments for
street lighting in Street Lighting Maintenance District 3 (056-
(Crossley Tract) for 1991-92, and set hearing for July 17, 007)
1991.
31. Res 17559 declaring intent to levy & collect assessments for
street lighting in Street Lighting Maintenance District 4 (056-
(Eagle Way Area) for 1991.-92, and set hearing For July 17, 008)
1991.
32. Res 17560 declaring intent to levy & collect assessments for
Parkways Maintenance Districts 6A, 6B, and 6C For 1991-92 (138-
and set hearing for July 17, 1991. 001)
33. Res 17561 declaring intent to levy & collect assessments for (138-
Parkways Maintenance Districts 7 (Sunrise Norte) for 1991-92, 002)
and set hearing for July 17, 1991.
34. Res 17562 declaring intent to levy & collect assessments for (138-
Parkways Maintenance Districts 8 (San Raphael/Ave Caballeros) 003)
for 1991-92, and set hearing for July 17, 1991.
It was moved by Broich, seconded by Hodges, and unanimously
carried, that Resolutions 17546 through 17562 and Minute
Orders 4789 through 4793 be adopted.
G
Council Minutes
6-19-91 Page 15
35. FEE SCHEDULE: AMENDMENT - SEWER SERVICE CHARGES
Recommendation: That the Council amend the Comprehensive
Fee Schedule to increase sewer service charges by 5% per
year for the next three consecutive years, beginning July
1, 1991.
Councilmember Murawski stated that he was opposed to the (114-
increase. 006)
Councilmember Hodges stated that she would like this matter
continued to the next meeting, in order to receive more
information; and that; she was concerned why the increase
was necessary, when the Wastewater Treatment Fund was
in a position to loan money for other projects.
Director of Finance stated that a two week delay, could
preclude adding the charge to the 1991-92 tax roll .
Councilmember Murawski stated that he would not be available
for the adjourned meeting on June 25.
It was moved by Hodges, seconded by Broich, and carried
by the following vote, that this matter be continued to
June 25:
AYES: Broich, Hodges, Neel & Bono
NO: Murawski
ABSENT: None
ADDED STARTERS:
36. TWIN PINES RANCH
City Manager reported that request was received for the
Council to act before its next meetings, in order to
recommend to the Board of Supervisors that it continue
to fund the Twin Pines Ranch in its 1991-92 budget. (123-
It was moved by Broich, seconded by Bono, and unanimously
carried, that the matter be determined eligible for
consideration and added to the agenda.
Resolution 17563 urging Board of Supervisors to continue
funding, was presented; after which, it was moved by Broich,
seconded by Bono, and unanimously carried, that R17563
be adopted.
COMMISSION APPOINTMENTS:
a) Boards/Commission - None
b) Council liaison, or other representation
It was moved by Neel , seconded by Hodges, and
unanimously carried, that Councilmember Broich be (123-
appointed as designee to the Coachella 'Valley Mountains
Conservancy.
c) It was moved by Broich, seconded by Hodges, and
unanimously carried, that Denise Keppler be appointed (060
to the Gang Task Force.
Council Minutes
6-19-91 Page 16
REPORTS & REQUESTS:
COUNCIL reports or requests
a) AB101:
Councilmember Hodges requested that discussion (098-
concerning letter of support for AB10I be added to 001)
the next study session agenda.
PUBLIC reports or requests
a) Bonnie Zambier, Leslie Circle, requested that the
CHP helicopters be required to lift and fly at higher
ceiling during "sleeping" night, and early morning
hours.
STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to Tuesday, June 25, 1991, at 3:30 p.m. , in
the Large Conference Room, City Hall . \
\ JUDITH SUMICH
City Clerk