HomeMy WebLinkAbout1991 - MINUTES - 7/17/1991 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JULY 17, 1991
A Regular Meeting of the City Council , of the City of Palm Springs,
California, was called to order by Mayor pro tem Broich, in the
Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, July 17,
1991, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Broich, Hodges, Murawski
and Neel
Absent: Mayor Bono
The meeting was opened with the Flag Salute and a moment of silence.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with
Council procedures on July 12, 1991.
PRESENTATION: Guy Patterson, immediate past President of the
Maintenance Supervisors Association presented the Association's
Supervisor of the Year Award to Jim Berryhill
REMAIN IN SESSION AS THE CITY COUNCIL, AND CONVENE AS THE COMMUNITY
REDEVELOPMENT AGENCY
PUBLIC COMMENTS: (3-minute limit per person on matters
relating to the Redevelopment Agency)
LEGISLATIVE ACTION:
a) CANYON DEVELOPMENT
On July 9, the Council introduced the ordinance adopting
the redevelopment plan, and the Council/Agency directed
that conclusion of matters related to the public hearing
on June 19, on the EIR, General Plan Amendment, Canyon
Resort & Spa Specific Plan, and Redevelopment Plan
for the Canyon Project, be continued to an adjournment
of this meeting to July 19, 4:30 p.m.
In order to satisfy agenda posting requirements.; staff (12� )
recommended, that the Council/Agency adopt a motion
continuing the following items to July 19, 1991, at
4:30 p.m. , Large Conference Room, City Hall . (133-
a) Council Res ----- re EIR 006)
b) Council Res ----- re General Plan Amendment
c) Council Res ----- re Specific Plan
d) Agency Res ----- re Relocation Method
e) Agency Res ----- re Housing Funds
f) Agency Res ----- re Redevelopment Plan
9) Council Res ----- re Housing Funds
h) Council Res ----- re receiving Property Taxes
i ) Council Res ----- approving responses Lo objections
j) Council Ord ----- adopting redevelopment plan
(intro: 7-9-91-)—
It was moved by Murawski , seconded by Neel , and
unanimously carried, Bono absent, that '[:his matter
be continued to July 19, 1991, at 4:30 p.m. , in the
Large Conference Room, City Hall .
Council Minutes
7-17-91 Page 2
Following adjournment of the Agency, the City Council reconvened,
and business resumed.
HOUSING AUTHORITY, IDA, & FINANCING AUTHORITY: No business
APPROVAL OF MINUTES:
In answer to request for clarification concerning comment
by Jeremy Crocker, who took exception to the Minutes of
June 19, in that he did not feel the minutes accurately
reflected his statements concerning sale of property
adjacent to North Beverly Park, and Mr. Solomon' s rebuttal
thereto, the City Clerk reported that the minutes summarized
the proceedings of the Canyon Project, and a. full , detailed
transcript is referenced therein, which reflects the full
text of comments made by all persons who spoke on the
matter, and is on file and is a part of the proceedings.
It was moved by [lodges, seconded by Neel , and unanimously
carried, Bono absent, that the minutes of June 18„ 19
and 25, 1991, be approved as submitted.
PUBLIC HEARINGS:
1. MAINTENANCE DISTRICTS - 1991-92 ANNUAL LEVIES
On June 19, 1991, the Council adopted resolutions of
intention to order levy of annual assessments for Street
Lighting Maintenance Districts 1, 2, 3, and 4, and Parkways
Maintenance Districts 6A, 6B and 6C, 7 a.nd 8, and set
this as time and place for hearings thereon. Recommend (056)
that Council overrule protests, and confirm proceedings
and assessments.
City Manager highlighted the memorandum of Director of (138)
Community Development, in particular supplement related
thereto, detailing the formation and background of each
district.
Mayor pro tem declared the hearings open; there were no
appearances, and the hearings were closed.
Resolutions 17578 through Res 17584 as recommended,
overruling protests and confirming assessments, as
recommended, for SLMD1, SLMD2, `iLMD3, SLMD4, and PMD6A,
6B, and 6C, PMD7, and PMD8, respectively, were presented;
after which, it was moved by Neel , seconded by Murawski ,
and unanimously carried, Bono absent, that R17578 through
17584 be adopted.
2. SUNRISE/TACHEVAH TRAFFIC SIGNAL R/W ACQUISITION
In June, Council l continued hearing on resolution of
necessity for the acquisition of right-of--way on the NW
and SW corners of Sunrise and Tachevah for traffic signal
installation, pending further negotiations with property
owners.
City Manager reported that negotiations with the property
owners resulted in amicable settlement, and he recommended (136)
that the Council authorize the acquisition of the
rights-of-way for a total of $23,890, and recordation
of the documents by the City Clerk.
Mayor pro tem declared the hearing open, there being no
appearances, the hearing was closed.
Resolution 17585 as alternatively recommended, was
presented; after which, it was moved by Neel , seconded
by Hodges, and unanimously carried, Bono, absent, that
R17585.
Council Minutes
7-17-91 Page 3
A2. ZTA 5.0400 (MISC) - PUBLIC ART A REAL ESTATE SIGNS
Hearing on recommendation concerning Zoning Text Amendments,
Case 5.0400, continued from July 3, 1991.
Mayor pro tem declared the hearing opened.
Tina Van Lizzen, on behalf of the Palm Springs Board of
Realtors, requested support of the amendments concerning
real estate signs, stating that the Board worked closely
with the staff and attorney in writing the language, which
will remove obsolete, unfair, and now illegal provisions.
(103-
Rod Dow, Secretary of the Board of Realtors, stated that 039)
the amendments will help local sellers to market properties
in a better way, and to clear up language that was
confusing.
There were no further appearances, and the hearing was
closed.
Council commended staff and the Board of Realtors for
working together to arrive at mutually understood and
agreed upon solution.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING ORDINANCE IN REGARD TO THE PUBLIC
ARTS FEE AND REAL ESTATE SIGNS.
It was moved by Murawski , seconded by Hodges, and
unanimously carried, Bono absent, that further reading
be waived, and that the Ordinance be introduced for first
reading.
PUBLIC COMMENTS:
a) Jeremy Crocker stated that he told Mr. Solomon he
would make his comments in public; in general , he
does not have much disagreement; that a review of
his performa does not show a line For the costs of
hotel operation, and he wondered if it had been provided
to the City to add to the performa submitted on the
signature of John . . . . . earlier this year; without (124)
that cost, it is difficult to evaluate the profitability
of the entire project, because only revenue is shown,
and in the hotel business in this climate, it may (136-
be in fact ill balanced; that the tax must be accessed 006)
before it can be rebated, but there is no provision
excluding taxes originated by the investment of others
in the project area from being rebated to the
developers; and that $500 million over 40 years is
an average of $12.5 million.
Council Minutes
7-17-91 Page 4
b) Joseph Solomon repeated that he invited Mr. Crocker
many other people in town into his offices to review
their information; that his "numbers" were never
submitted to the City staff; that the numbers in the
redevelopment plan were developed by American
Development Consultants, in the employ of the City;
that the numbers submitted to the staff were as part
of their explanation of why they felt they needed (124)
assistance, and had nothing to do with the City' s
determination of what the redevelopment: plan, or what
it would be worth; that the flyer referred to by Mr.
Crocker represents as fact that the Canyon Development (136-
will get $12. 5 million dollars a year, which is a 006)
deal he would sign on the line for right now; that
he wished to invite anybody in the audience to contact
Canyon Development, for any information about their
projects, figures, numbers, what they wish to build,
or what they hope to accomplish; and that while the
Council may have to take attacks from the public
in regards to things that are untrue, as an individual
he did not, and any more slanderous comments in regard
to lot sales that have nothing to do with this deal ,
he would advise such individuals to have legal
assistance.
c) Edward Perry, 218 Orchid Tree Lane, stated that. he
read from the EIRs, concluded that the projections
were calculated based on an averaging of city taxes
over a ten year period; that the property value
appreciation 'included new and existing construction,
and if the new construction is removed the increase (124)
is closer to 3% per year over the 40 year period,
assuming a straight line appreciation of the property
over the total 40 years; and that based on a 95% (136-
incremental tax a lot less would be generated, 006)
therefore, in his opinion, the numbers that are
protected are very optimistic.
d) Diane Marantz, #6 Palomino, stated that Item 21, shown
on the Consent Agenda, was not reviewed in detail
at the study session; that the minutes of June 19
reflect that Councilmember Murawski indicated the
City should, rather than should not, compete with (114-
private business; and that the purpose of the City 006)
is to govern, not compete with enterprise. (Note:
While Ms. Marantz was technically correct, the minutes
were incomplete. )
e) Marjorie Howley, past President of the Village Center
for the Arts, stated that the Center has indicated
that it asked for a 5-year lease, with an agreeable
clause to forfeit relocation benefits after three
years; that the Center's Board is comprised of (117-
volunteers, and they have concerns about a continuous 023)
renegotiating of the lease, if it is limited to one-year
time periods.
f) Peter Shapiro, 344 San Domingo, stated that the DPA
asked for two amendments, and one clarification to
Measure H, i .e. , that an owner should only receive
one increase per year - either a hardship increase, ( "s
or the CPI, whichever is greater, figured from the c2 v
last increase;; that the Commission studied the matter
for eight months, but made no recommendation; that
he feels there are times when an owner may receive
the CPI, and several hardship increases in one year;
that the hardship increase should only apply to the
extent that the cost of the hardship is recovered,
and should riot be on-going, or serve as the basis
for computing CPI.
Council Minutes
7-17-91 Page 5
g) Paul Kamins, Village Center for the Arts, stated that
the Center has served the community for 20 years,
and offers many classes, not otherwise offered in
the community; that it needs to operate at the lowest
cost possible; that he understood the City may have (117-
other intentions for the use of the building, and 023)
may not want to have to move, or buy-out a tenant;
however, the Center is willing to forego that protection
in order to get the 5 year lease, so it can balance
its budget and continue its operation; that it is
not interested in tying up the City, rather in knowing
where it is going, so that it does not have to keep
coming back each year.
h) George Goldberg. Box 4056, stated that RV parking
at the Pavilion would be a mistake; that he has
suggested on other occasion that the City develop
an RV park at the foot of the Tramway. Ile commented
on the cost of a joint cities dinner meeting at the
Convention Center; and that he has degrees and
experience, yet was ruled unqualified for the Planning
Commission.
i ) Dee Dee Stone, 142 Eastlake, suggested that developers
be encouraged to provide covered parking for the
convenience of customers.
LEGISLATIVE ACTION:
3. A.D. 157 - RESIDENTIAL STREET IMPROVEMENTS, 3 SUB-AREAS
Recommendation: That the Council adopt actions providing
for the formation and other procedural steps for an
assessment district to provide street improvements in
three residential sub-areas, generally described as Area
A (Ramon/Evelita), Area B (Los Nietos Road) , and Area
C (Calle Alvarado/Alejo); and approve the filing of a (056-
negative declaration of environmental impact. 011)
City Manager highlighted the memorandum of Director of
Community Development, and the proposed schedule of actions.
Resolution 17586 approving negative declaration, and
Resolutions 17587 through 17590 making appointments,
including Stone & Youngberg as underwriter; adopting final
boundary map; declaring intention to order improvements,
prepare Engineer's Report (Sanborn/Webb) , and levying
annual administrative assessment; and directing call for
construction bids, respectively, were presented; after
which, it was moved by Neel , seconded by Hodges, and
unanimously carried, Bono absent, that Resolutions 17586
through 17590 be adopted.
4. MUNICIPAL CODE AMENDMENT - RENT CONTROL
Recommendation: That the Council amend the Rent Control
Ordinance to allow a pass-through to tenants of 30% of
the annual registration/renewal fees. City Manager reviewed
the memorandum of Assistant City Manager
(103--
City Clerk read title of the Ordinance, as follows: 001)
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CALIFORNIA, ADDING SUBSECTION 4.08.110 (H) TO THE PALM
SPRINGS MUNICIPAL CODE, AUTHORIZING LANDLORDS TO PASS
THROUGH 30% OF THE ANNUAL REGISTRATION/RENEWAL FEE TO
TENANTS THROUGH A RENT INCREASE.
Council Minutes
7-17-91 Page 6
4. MUNICIPAL CODE AMENDMENT (Continued)
It was moved by Hodges, seconded by Murawski , and
unanimously carried, Bono absent, that further reading
be waived, and that the Ordinance be introduced for first
reading
5. MUNICIPAL CODE AMENDMENT' - RENT CONTROL
Recommendation: That the Council amend the Municipal
Code to clarify costs to be expensed or capitalized in
connection with hardship increases.
City Manager highlighted the background heading to the
recommendation, as detailed in the memorandum of Assistant
City Manager.
Councilmember Hodges stated that she appreciated the
recommendation of the Commission, and the extensive study
it was given, however, she did not agree on part of the
recommendation; that she felt the DPA recommendations
presented last year should be approved; that it is possible
for an owner to receive more than one increase in one
year, and she did not feel that was fair; that the
Commission's contention that the ordinance addresses the
other DPA issue has missed the issue, in that DPA is not
asking for an either/or situation, rather that once the (103-
hardship has been granted and and the investment recovered, 001)
the rent should be rolled back; and that she was aware
of situations where hardship increases were given several
years ago, and the items for which they were granted have
long since been paid for.
City Attorney stated that the Commission is free to go
back and deal with those situations, and he did not have
a problem if the Council wished to strengthen that language
in the ordinance; that in terms of the first request,
he did not want to get into a legal problem with due
process, and not allow a fair and reasonable rate of return;
that he had concerns about a CPI increase that would not
be based on the increase that was given the year before;
that the manner in which the CPI is calculated creates
the base for the following year.; that the ordinance is
consistent with the way in which the CPI is calculated
in various applications throughout the country; and that
perhaps there should be further information provided by
the Commission why it did not recommend that particular
change.
City , Attorney suggested that the Council proceed with
introduction of the ordinance as recommended, instruct
staff to prepare an ordinance to address the duration
of a hardship increase, and the staff/commission to give
further study to the remaining issue.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 4.08.60 BY REPEALING SUBSECTION 4.08.060
(d) (3) AND ADDING A NEW SUBSECTION 4.08.060 (d) (3) ,
TO CLARIFY COSTS TO BE EXPENSED OR CAPITALIZED IN
CONNECTION WITH HARDSHIP INCREASES.
It was moved by Hodges, seconded by Murawski , and
unanimously carried, Bono absent, that further reading
be waived, that the Ordinance be introduced for first
reading, and that staff proceed as suggested by City
Attorney.
Council Minutes
7-17-91 Page 7
6. CONVENTION CENTER - COMPUTERIZED HOTEL RESERVATIONS PROGRAM
Recommendation: That the Council approve a contract with
Integrated Systems Support for $6,750 to develop a
computerized hotel reservations program for the Convention
Center A3010.
Councilmember Murawski stated he would abstain from
discussion and voting. (139-
City Manager highlighted the memorandum of Director of 002)
Convention Center.
Minute Order 4805 approving agreement, as recommended,
was presented; after which, it was moved by Neel , seconded
by Hodges, and unanimously carried, Bono absent, and
Murawski abstaining, that M04805 be adopted.
7. FRANCIS STEVENS - VILLAGE CENTER FOR THE ARTS LEASE
Recommendation: That the Council approve a one-year lease
of the Francis Stevens Park property known as 538 N. Palm
Canyon Drive, commencing August 1, 1991, at $916 per month.
A3011.
City Manager highlighted the memorandum of Director of
Economic Development.
Councilmember Murawski stated that the Council should
not go against what has been its policy of not granting
long term leases; that he was not opposed to granting
annual extensions of the same contract; and did not feel
it was necessary to renegotiate each year.
Councilmember Neel stated that he did not have a problem
with a five-year lease, considering that Lhe Center is (117_
willing to move out on short notice, and without liability 023)
to the City. He moved to approve the lease for five years.
Councilmember Hodges stated that the Center is a good
part of the community and it would be helpful to it to
not have to spend a lot of time or money in worrying about
renegotiating each year; that its Board has been agreeable
and cooperative and is willing to give up the site upon
demand in less than five years, without penalty to the
City.
Minute Order 4806, approving a 5-year lease, subject to
early termination without penalty to the City, in language
approved by the City Attorney, was presented; after which,
it was moved by Neel , seconded by Hodges, and carried
by the following vote, that M04806 be adopted:
AYES: Broich, Hodges, Neel
NO: Murawski
ABSENT: Bono
Councilmember Murawski stated that he voted against the
motion to be consistent with previous actions.
e y All
Council Minutes
7-17-91 Page 8
8. VILLAGEFEST HEALTH CODE ENFORCEMENT
Recommendation: That the Council approve agreement with
the County to subcontract to the City the enforcement
of State Health Code regulations at the VillageFest A3012.
Mayor pro tem stated that he would abstain from discussion
and voting on this matter, and turned the meeting over
to Councilmember Murawski . (050-
City Manager reviewed the memorandum of Director of 018)
Community Service & Promotion.
Minute Order 4807, as recommended, was presented; after
which, it was moved by Hodges, seconded by Murawski , and
unanimously carried, Bono absent, and Broich abstaining,
that MO 4807 be adopted.
9. NOT USED
10. MUNICIPAL CODE AMENDMENT - MOBILE SOURCE AIR POLLUTION (Intro
7-3-91)
a) City Clerk read title of Ordinance 1.387 re mobile
source air pollution reduction; after which, it was
moved by Murawski , seconded by Hodges, and unanimously (103-
carried, Bono absent, that further reading be waived, 001)
and that 01387 be adopted.
ADDITIONAL LEGISLATIVE ITEMS: (Satisfied agenda posting requirement)
11A. CONVENTION CENTER EXPANSION - WORK DIRECTIVES
Recommendation: That the Council authorize the staff
to issue or deny issuance of work directives to Walsh
Pacific for work related to construction bulletins 1,
2, partial 3 and 4, plus other changes as requested by
the contractor through July 12, 1991, in order to avoid
unnecessary time extensions regarding the Convention Center
expansion contract with Walsh Pacific.
City Manager reported that the action is recommended to (139-
avoid work stopping, or slowing down during August, when 004)
the Council will not be meeting, and that this matter
was reviewed in detail at the study session.
Minute Order 4808 as recommended, was presented; after
which, it was moved by Murawski , seconded) by Neel , and
unanimously carried, Bono absent, and Hodges abstaining,
that M04808 be adopted.
CONSENT AGENDA:
12. MO 4809 approving an allocation to Isbill Associates Inc. ,
of $50,000 for on-call engineering services related to the (051
Airport - A2547. 021)
13. MO 4810 approving amendment to A2782 with Thompson Consultants
International , for continuation of Airport financial consulting
services related to the implementation of a Passenger Facility (051-
Charge at the Airport. 056)
14. Res 17591 prequalifying contractors to bid on the Airport
Access Control System as the first step in a two-step bid (051-
process. 015)
Council Minutes
7-17-91 Page 9
15. MO 4811, 4812, 4813, 4814, awarding purchases of office
furniture and public seating to Eastman ($7,182.75), United (051-
Business Systems ($15,431.41), Office Pavilion Interiors 055)
($8,427.11) , and Total Plan ($17,016.57) , for an aggregate
of $48,057.84 for the Airport expansion project.
16. MO 4815 approving purchase of a police unit from Marshall (084
Motor Cars, for $14,492.81, including tax and delivery. )
17. Res 17592 approving participation in the California Arbitrage (086-
Management Program for the investment and tracking of proceeds 001)
from the issuance of bonds - a joint exercise of powers
authority.
18. Res 17593 appropriating into reserves the unappropriated fund (061-
balances in designated City operating and capital project 010)
funds for future operations, or projects.
19. Res 17594 authorizing continuing appropriations from 1990-91 (061-
into the 1991-92 fiscal year budget for projects noi: completed. 010)
20. Res 17595 establishing an appropriations limit for the 1991-92 (061-
fiscal year. 010)
21. Item handled separately, see Item 25.
2. MO 4816 approving actual invoiced costs totaling $397,899.72 (139-
for six vendors previously authorized by Council , to reflect 001)
actual final contract costs for the Convention Center air
conditioning leaking coil project.
23. MO 4817 awarding contract to E.L. Yeager Construction Co. > (136
for $66,294 for street widening on Mesquite Avenue and Vella 041)
Road, CP90-25 - A3013.
24. Res 17596 approving Payroll Warrants. (086-
It was moved by Neel , seconded by Murawski , and unanimously 010)
carried, that Resolutions 17591 through 17596, and Minute
Order 4809 through 4817 be adopted.
25. COMPREHENSIVE FEE SCHEDULE - RECREATION DIVISION
Recommendation. That the Council amend the Comprehensive
Fee Schedule to revise fees charged by the Recreation
& Special Events Division, relating to the Swim Center
and RV parking.
Councilmember Murawski stated that he did not believe
the City should be in competition with business of any
kind, in any way; that he recognized what it was the staff
was recommending, however, he wanted to add $25 to whatever (114-
the going rate is for parking RVs in the private sector, 006)
which would be a discouragement to potential parkers at
the Leisure Center.
Councilmember Neel stated that he did not think the parking
should be permitted at all , and that the City should not
butt into private business in any manner.
City Manager stated that parking in the private sector
is encouraged, and the higher rate the City would charge
would do that; hom,,,ever, if the individual roeeds to be
adjacent to the Pavilion, it will be expensive; and that
he was concerned that the budget was predicated upon certain
revenue streams, of which the proposal was a part, and
which was discussed during the budget process. He stated
that the number of nights is limited to seven consecutive,
if a person is not registered as a participant in an event.
. ;d,trCr
Council Minutes
7-17-91 Page 10
25. FEE SCHEDULE AMENDMENT (Continued)
Mayor pro tem stated that the policy should remain, however,
the rate of pay for parking in connection with an event
should be raised.
Councilmember Murawski stated that if people are invited
to participate in events, to compete with local businesses,
they should not be given a special rate for doing so,
and the rate should be $30 per night associated with the
event, otherwise no parking permitted.
Motion by Neel , seconded by Murawski , to prohibit overnight
parking of RVs at the Leisure Center, failed to carry
by the following vote:
AYES: Murawski & Neel
NOES: Broich & Hodges
ABSENT: Bono
It was moved by Murawski , seconded by Hodges, and carried
by the following vote, that Resolution 1.7597, amending
the fee schedule to provide a $30 per night during special
events at the Leisure Center for overnight parking of
RVs, be adopted:
AYES: Broich, Hodges & Murawski
NO: Neel
ABSENT: Bono
ADDED STARTERS: None
COMMISSION APPOINTMENTS:
26. COUNCIL LIAISONS OR OTHER REPRESENTATIONS - None
27. BOARD/COMMISSION APPOINTMENTS
Councilmember Neel requested that, out of common courtesy
and respect to the elected Mayor, only the two appointments
for the Rent Control Commission be considered, and postpone
the Planning Commission until the next Council Meeting.
Mayor pro tem stated that he did not think that was the
direction of the Council a couple weeks ago, when the
entire Council agreed to do the interviews, so that (061-
appointments could be made at this time to the Rent Control 015)
Commission, and to the Planning Commission; that the Mayor
stayed over that night to do the interviews, and the Council
in subcommittee interviewed the morning of this date, (060-
and he did not think it was necessary to defer action. 016)
Councilmember Neel stated that the Mayor was not present
this date, and he did not think he interviewed everyone,
and felt strongly that out of respect to the Mayor, it
should be delayed. He stated that there was urgency only
for the Rent Control , which he felt the Council agreed
to do, but that he did not feel there was the same urgency
for the Planning Commission, since it was not going to
meet until after the next week, and in view of its
importance, the Mayor should be considered.
Council Minutes
7-17-91 Page 11
27. BOARDS/COMMISSION (Continued)
City Attorney stated that a letter was delivered to his
office this date, and a request from the Mayor that it
be read regarding this issue. The following is a verbatim
of the statement as read:
"It has been brought to my attention that members of
the Council , specifically the Mayor pro tem Broich,
Councilman Hodges and Councilman Murawski , intend to
have the Mayor Pro Tem make certain commission and board
appointments during my absence, despite my request to
delay appointments until Friday, July 190 I 'm very
disturbed by this news and have requested the City
Attorney read my statement regarding this proposed action.
The residents of Palm Springs chose me to represent
them as Mayor, I am honored that our citizens have placed
their trust in me to carry out this duty. One of my
most important responsibilities is to appoint commission
and board members who can best serve the needs of the
community. I am outraged that members of this Council
will not respect the will of the people, and allow me
to carry out my Mayoral duties. I understand the need
for making immediate appointments to the Rent Control
Board due to a lack of quorum and the urgency of resolving
that situation. In the public interests, it was clear
that these appointments should be made as soon as
possible. The Rent Control situation is unique, however,
other commissions are not facing the same deadlines.
I find it despicable that my Council colleagues would
not extend this courtesy to me and delay appointment
of commissioners and board members for only two days.
Every member of this Council knew in advance of my
intention to be out of town for tonight' s meeting to
decide at the eleventh hour that a new protocol should
be established is reprehensible and unfair to the public.
In the interest of fair play, I demand that my fellow
Councilmembers refrain from this flagrant abuse of the
appointment process. Our agenda includes a scheduled
meeting for Friday, July 19, I request that the Council
delay action on any commission appointments other than
Rent Control until that time. Signed, Sonny Bono, Mayor. "
Mayor pro tem stated that he felt the Council decided
a couple weeks ago to make the appointments at this time
to the Planning Commission and Rent Control , and that
at that time, the Mayor stayed late and interviewed all
the candidates for Planning and all the candidates for
Rent Control , that Mary Martin (Council Affairs
Administrator) also stayed and interviewed along with
him; that the City business must go on, whether the Mayor,
or others are present; that the appointments are needed;
that the Council received a letter from the Planning
Commission requesting that appointments be made as soon
as possible and it is on the agenda to do so at this time;
that the Council knew in advance that the Mayor would
be absent, which is why the Mayor interviewed that evening;
that the Mayor also knew, and agreed to do that; that
it is not the eleventh hour, and the Council was not
changing any plans; that the appointing was decided two
weeks ago, and he felt it was a political move by the
Mayor for press coverage.
Council Minutes
7-17-91 Page 12
27. BOARDS/COMMISSIONS (Continued)
Councilmember Murawski stated that he arrived at 7:30
a.m. this date to complete interviews because the whole
plan was discussed with the entire Council at a study
session, and that he would not have wasted his time doing
so if it had not been deemed by the entire Counci'I to
be necessary; that he was tired of the bickering and
political nonsense, and the juggling back and forth on
these political appointments; that although the Mayor
makes the actual appointment, it cannot be effective unless
it is verified and ratified by the entire Council ; that
the Mayor alone cannot appoint someone to a commission,
because the Council could withhold approval , and the that
person would not be appointed; that the Council has a
right to do that, and the Mayor has no more power than
other members of the Council ; and that he would like the
staff to bring back to a study session for discussion
the idea of making appointments by majority vote of the
entire Council .
Mayor pro tem stated that he was in complete agreement.
Councilmember Hodges stated that she agreed with the
interpretation, and according to her notes, it was she
who brought up the subject of the commissions in reference
to the Rent Review Commission at the study session on
July 2, because it was imperative that those appointments
be made since a Commission hearing was being held up because
of a lack of a quorum; that at that point in time, it
was also mentioned that the Planning Commission was also
urgent because it, too, was in a position, or a possibility
at this point, of also not having a quorum due to an
illness, and it was agreed at that time, that the full
Council would do everything that it could so that by the
next Council meeting, which was the 17th, the appointments
could be made for at least those two commissions. She
stated that she and Member Neel spent all morning July
5 interviewing; that Members Murawski and Broich spent
all morning July 16 interviewing, and that both
subcommittees spent the morning this date interviewing,
in order to get through all of those people who had appilied
for the Rent Review Commission and the Planning Commission;
which she felt was because it was understood that this
was the time that these appointments would be made; that
she did not consider it to be an eleventh hour decision
nor something being pulled out of the hat because the
Mayor is away, nor was it ever with that: intention but
it just happens that he is away; and that she did not
have a problem proceeding with the appointments.
Mayor pro tem asked for recommendations from each
Councilmember for appointments to the Rent Review
Commission; Counciimembers Hodges and Murawski each
recommended the same individuals, and Councilmember Neel
declined to participate; after which, he moved for approval
of his appointment of Emile Duvernay and Abraham Zakar
for terms ending June 30, 1995, said motion carried, Neel
voting No.
Mayor pro tem asked for recommendations on appointments
to the Planning Commission, and the following persons
were recommended:
Frank Tysen, Bill Drury, Joe Weitheimer„ Chris Foster,
and Tony Aguilar.
Council Minutes
7-17-91 Page 13
27. BOARDS/COMMISSIONS (Continued)
Councilmember Neel declined to participate, and stated
that he felt it was wrong to make the appointment to the
Planning Commission, that he wanted to wait until the
matter could be discussed with the Mayor, and the Council
should be cooperatively working together, and talk it
over sensibly; and that he did not feel there was an urgency
to make the appointments at this time.
Councilmember Hodges stated that there was an exceptionally
great group of candidates for this commission, many of
whom were very well qualified, and it was a Lough decision
to make.
In response to Councilmember Neel , Mayor pro tem stated
that to him, he feels that he and the other members
feel they are acting as a Council . He stated that in
considering the names recommended, and his own
recommendation, and what he heard the Mayor feels through
Mary Martin, he asked for approval of the reappointment
of Frank Tysen, and the appointment of Bill Drury, and
Chris Foster to the Planning Commission each for a full
four-year term ending June 30, 1995; it was moved by
Murawski , seconded by Hodges, and carried, Neel voting
No, to approve said appointments.
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
a) Councilmember Murawski requested that the possibility (06U-
of a tri-cities joint committee be added to a future
agenda. 010)
b) RACEWAY
Councilmember Murawski requested that the staff bring
back materials to considering adding a ballot measure
regarding the raceway.
City Attorney stated that a public hearing has been
noticed for July 30, and a ballot consideration could
be given on the July 31 agenda.
Councilmember Murawski stated that he originally felt (083
that decision was that of the Council ; that the 010_T
community is divided on the subject, and regardless
of the decision, 'it appears litigation will follow;
and he suggested that the hearing be postponed.
City Attorney stated that matter should be added to
the agenda, and direction provided as to the July
30 hearing, and ballot measures.
It was moved by Murawski , seconded by Hodges, to add
this matter to the agenda, for the purpose of giving
notice of the continuance of the hearing, and
instructing staff to prepare materials For the July
31 agenda to consider a ballot measure; said motion
failed to carry by the following vote (4/5 required):
AYES: Broich, Hodges & Murawski
NO: Neel
ABSENT: Bono
It was the consensus of the Council to add this item
to the agenda for the July 23 adjourned meeting, for
a discussion concerning the ballot possibility.
U
Council Minutes
7-17-91 Page 14
PUBLIC reports or requests
a) Tony Aguilar, 1975 Mark Leslie, staged that during
his commission appointment 'interview, he shared his
thoughts about: where he thought he community was going;
that he did not think it was an organized effort to
make the appointments without the Mayor; that he felt
it was wrong for the Council to have made the
appointments, because five elected officials represent (060-
the City, that there was no urgency to making the 015)
appointments; that the citizens, and those who present
themselves in interviews, have a right to being
considered by the full body of elected officials;
that he shared his feelings about the demographics
in the City, i .e. , that Hispanics represent 19% of
the population, but there are no Hispanics at the
appointment or city level ; that as a broker and banker,
he could not agree that out of the twenty candidates,
the three selected were better qualified that he.
He expressed his opinion as to Councilmember Murawski ' s
motivation in making the appointments.
b) John Wyser, Avenida Fey Norte, took exception to
comments by Mr. Aguilar, and stated that he felt the
City Attorney would clarify that the action was legally (060-
taken; and that the Mayor's letter did not imply 015)
wrongdoing on the part of the Council .
c) Alan Bayrak ,and Shirley Barker each commended the
Council on 'its courage in making the appointments, (060-
and expressed their opinions concerning the Mayor' s 015)
absence.
d) Anne Livieri , 2135 Del Lago, stated that she was invited
to attend the Planning Commission study session this
date, and was confronted with confusion as to who (060-
was able to sit as a commissioner, resulting in time 015)
loss, and directing her elsewhere; and her opinion
that had the appointments been made, there would have
been better organization and less confusion.
STAFF reports or requests
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to Friday, July 19, 1991, at 4:30 p.m. , in the
Large Conference Room, City_Hall .
JUDITH SUMTCH
- 'City Clerk