HomeMy WebLinkAbout1991 - MINUTES - 7/23/1991 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JULY 23, 1991
An Adjourned Regular Meeting of the City Council , or- the City of
Palm Springs, California, was called to order by Mayor Bono in
the Large Conference Room, City Hall , 3200 Tahquitz Canyon Way,
Tuesday, July 23, 1991, at 3:30 p.m.
ROLL CALL: Present: Councilmembers Broich, [lodges, Murawski
Neel and Mayor Bono
Absent: None
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with
Council procedures on July 1.9, 1991.
PUBLIC COMMENTS:
a) Raceway:
Roger Garrett, 1500 Gene Autry Trail , stated that
he did not represent the developer, and that he felt
there was considerable precedent and case law for
a city to be sued whenever a developer has moved through
established procedures, only to have the procedures
reversed; and asked that the Council delay any
consideration of placing this issue on the ballot
until the City Attorney can provide it with that data. (116-
Karen Aguilar, 1975 Mark Leslie, stated that the 074)
developer cannot wait for a decision until November;
that she is concerned that Palm Springs has the worst
city reputation with developers; that if the voters
approve the raceway, those who are opposer; will remain
vocal and opposed; that at the fact/information sessions
offered by the City, only 40 people came; that the
developer has done the studies required and should
be given approval to build the project, which she
felt would enhance the city's revenue, school revenues,
and aid in balancing the budget; and that it is the
Council 's obligation to make the decision.
Katrina Heinrich stated that; she has not met the
developer, nor did she have any interest in the property
or the project, and felt that if the issue is placed
on a ballot, that, it will be a rejection of the project,
and a very vocal and small minority of people will
have succeeded; that the timing is critical ; that
there have been meetings with the Regent, the Chancellor
and Director of Economics of UCR, as well as others,
and it is clear that they have done their homework
concerning the environmental issues about the site;
that they are extremely interested in not violating
anyone's interests; that the site has been approved
an as ideal one, and with the least impact' from other
communities presented to them; that they have a
commitment of $48 million from private organizations
to fund a global research center, but the raceway
is essential , i .e. , the control of air quality and
fuel emissions, and the facility would fbc on a site
given by Mr. Arciero; that other communities are wooing
the University; and that if there were any problems
relating to humans, flora, or fauna, she did not believe
the University would have approved of the site.
Council Minutes
7-23-91 Page 2
(Raceway Continued)
Sig Zeitlin„ resident, stated his opinion that the
majority of people do not want the raceway; that both
sides have been expressed; and that he supported placing
it on the ballot.
Dee Dee Stone, 142 Eastlake, stated opinion that the
Council does for the people what they do not want
to do; and in controversial issues, they should
participate in the decision, and the Council should
not have to take the total responsibility.
Bill Byrne, Box 64, Friends of the Environment, referred
to pages in the EIR, and a letter from Suzanne Lauver
of the Department of Economic Development, relating
to cost of the project to the City, which he felt
resulted in an incomplete EIR, and one which could
be challenged in court; and that he felt there were
other areas which rendered it incomplete. He supported
placing the matter on the ballot.
Linda Sroda, 2114 Calle Felicia, supported placing
it on the ballot.
Cindy McQuain, 2019 Tachevah, stated that she was
speaking as an advocate of those who would like to
see the raceway type of recreation, and that she did
not see why it should be a public vote, when there
was a public hearing scheduled on July 30; that calling
For a vote now does not give those who are either
in favor, or opposed, time in which to prepare their
information; that daily changes in the decision making
process make it difficult to get the word out; that
random comments will be taken out of context, and
a great deal of information will be put out at the
eleventh hour which will make it difficult to counter,
or corroborate, particularly negative information;
and she asked that the Council proceed with its original
plan for a public hearing, noting that it has taken
three years to get to this point.
Arthur Lyons, Barona Road, stated that it appears
litigation will happen regardless of what happens;
that the opposition will continue even if there is
a positive vote; that no one has talked about the
EIR for a dawn-valley project which will create a
city across from the lizard habitat.
Fred Ebling, 2460 Tuscan, supported placing the matter
on the ballot., which he felt would reassure the citizens
that they are the city.
Joe Caldera, 401 S. El Cielo, stated he has watched
other raceways succeed, enjoys racing, and felt the
Council was elected to make decisions; and that if
the matter is on the ballot, everything, that has been
done, will be lost.
Grace Jablow, 1340 Primavera, stated that something
as important as this project, which affects the entire
valley, should be put to a vote of the people; that
not everyone is here during July, and it would be
fair to have it on the November ballot;, and that she
thought perhaps the proponents feared the ballot because
it might lose.
Council Minutes
7-23-91 Page 3
(Raceway Continued)
Murray Dunst, 1745 Firestone, offered similar comments
as those previously expressed by others, in support
of a ballot measure.
Tony Aguilar, 1975 Mark Leslie, stated that the
newspaper attributed comments he made at the last
regular meeting to racism, which was not correct,
and which will be retracted. He stated that concerning
the raceway, the intent is to bring in revenue, not
remove it, and he was concerned that if the City is
sued, the cost will be placed on the people; that
the ballot issue will cause the developer to abandon
the project; that there are no projects in the pipeline
likely to improve the City funds; that some of the
Council may feel the issue is too close to call ,
however, the voters ask for and expect leadership,
and for the Council to make tough decisions, made
in the best interest of the community.
LEGISLATIVE ACTION:
1. RACEWAY
On July 17, request was made to place reconsideration
of placing a measure on the November ballot concerning
the raceway.
City Attorney stated that if so directed, he would prepare
ballot materials to be presented on July 31., along with
other proposed measures; that it would be an advisory
vote whether the people support or oppose the raceway,
together with a description of its location; that additional
direction would be necessary in terms of the hearing
schedule for July 30, in order to provide adequate (116-
publicity. 074)
Councilmember Murawski stated this is a difficult decision
in terms of process, and he was not afraid 'to arrive at
a decision, and to make a decision, however, he wanted
the matter on the ballot because of his responsibility
to the entire community about what happens in this City;
that the General Plan will be impacted, and litigation
will follow; that he did not wish to jeopardize everything
the Council has worked so hard on; and that if the people
approve it, he will support it.
In answer to question by Council , City Manager stated
that if the Council desires to place the issue on the
ballot, the hearing becomes nonessential .
It was moved by Broich, and seconded by Murawski , to
instruct staff to prepare the materials to put the raceway
on the ballot to be considered on July 31.
Councilmember Neel stated that he has favored the project,
and felt the message to the developers is that the City
cannot decide how to run itself; and that he was not in
favor of placing it on the ballot.
Council Minutes
7-23-91 Page 4
1. RACEWAY (Continued)
Mayor stated that the most important issue is the
willingness to assert leadership, and the issue is not
whether the matter should go on the ballot, rather that
the Council has made a decision several times, and it
is important that as a Council , those decisions be decisive;
that "rollercoastering" is a poor and unprofessional way
to handle business; thatta) vo.te one way, and then reverse
it, sends a negative message to the potential growth that
wants to come to the community; that there is a lot, of
merit to the University potential , and to the attraction
that "star" drivers and celebrities could bring to the
economic cash flow of the community as a whole; that every
car company in the world must test its vehicles, and if
the kind of test facility they need is in this area, it
would give communication lines to all of the major car
corporations on an international basis.
(Note: At this point, a verbal interruption resulted
in request by the Mayor for decorum to be restored, and
ultimately a recess and the removal of George Goldberg
from the meeting. Mayor' s comment continued following
the recess. )
Mayor stated that he felt• the incident was unfortunate,
but that it was the Chair's, and hence his obligation
to have order at times for the benefit of the public as
well as for the Council ; that if the rules are continually
broken, order must be restored, and if the individual
cannot do it for themselves, it must be done for them;
that he felt he tried to handle the situation
diplomatically, and that he has asked Mr. Goldberg on
many other occasions to restrain himself, and that he
will not permit that kind of abuse for the citizens, the
Council , or himself. He stated that concerning the raceway,
he felt it would be asset to the community.
Councilmember Murawski stated that all of the facts need
to be digested, and that he has changed his mind before,
and may again as he learns more about any issue.
Motion to instruct preparation of ballot materials, as
stated above, carried by the following vote:
AYES: Broich, Hodges & Murawski
NOES: Neel & Bono
ABSENT: None
It was moved by Broich, seconded by Hodges, and unanimously
carried, that the hearing of July 30 be continued and
renoticed when deemed appropriate.
2. TRI-CITY COMMITTEE
Consideration of an ad hoc committee to address issues
of the tri-cities of Palm Springs, Desert Hot Springs
and Cathedral City. (060-
010)
Councilmember Murawski stated that the joint meeting with
the cities of Desert Hot Springs and Cathedral City was
very successful ; and it would be beneficial to form an
association with them to work on some of the problems
that may be of immediate concern which affect each; that
the other cities were receptive; and that he would like
to serve on such a committee.
3g
Council Minutes
7-23-91 Page 5
2. TRI-CITY COMMITTEE (Continued)
Mayor stated that he agreed the cities should work together,
and questioned why the city should isolate itself from
the other cities.
Councilmember Hodges stated that the purpose of the
tri-cities formation would be for the purpose of enhancing
cooperation among the three cities located at this end
of the Valley, which have more in common with each other;
that Palm Springs is a part of the valley-wide groups,
as well ; that it will enhance communication, and not serve
to isolate the City.
Councilmember Neel stated that it is more than just
establishing rapport, and it is wrong for the three cities
to only talk among themselves.
Councilmember Broich stated that the intent is clear to
not exclude other cities, rather that there are issues
which only affect the three cities, e.g. , annexation,
and there needs to be a vehicle for elected officials
to talk about these issues; that he would not favor the
idea, if it were for isolation purposes; that there is
no intent to address issues which affect the entire Valley,
only the westerly end of it; and that there are still
the joint powers agencies, and the mayor' s groups.
Mayor stated that he wanted to validate the effort to
improve communication, and considered that important;
that he felt to ally with three cities, and create a
p separate situation, would only serve to be interpreted
Dpq as distancing, and create space between the other cities;
that he felt all issues, including annexation, should
involve all of the cities, because all issues affect each
city, and everyone wants to address them.
It was moved by Hodges, seconded by Broich, and carried
by the following vote, that a two-member Council task
force be created to meet with similar two-member Council
committees of the Cities of Desert Hot Springs and Cathedral
City, for the purpose of enchancing communications between
the cities:
AYES: Broich, Hodges & Murawski
NOES: Neel & Bono
ABSENT: None
Mayor called for the approval of the appointment of
Councilmembers Broich and Murawski to said task force;
after which, it was moved by Broich, seconded by Neel ,
and unanimously carried, that said appointments be approved.
3. MUNICIPAL CODE AMENDMENTS - RENT CONTROL
Recommendation: That the Council adopt ordinances
introduced July 17, and introduce a third ordinance
concerning duration of hardship rental increases, as
requested by Desert Political Action Association.
Assistant City Manager reported that the third ordinance
addresses one of the issues requested by the Council at
the July 17 meeting.
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Council Minutes
7-23-91 Page 6
3. MUNICIPAL CODE AMENDMENTS (Continued)
City Attorney noted that Mr. Shapiro, of the Desert
Political Action Association, looked at the language,
and was satisfied; and that the remaining issue will be
brought to the Council in September.
City Clerk read title of the Ordinance 1389, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, 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.
and Ordinance 1390, entitled:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, �oJ,
AMENDING SECTION 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 Broich, and unanimously
carried, that further readings be waived, and that
Ordinances 1389 and 1390 be adopted.
and Ordinance, entitled:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 4.08.070(f)(3) BY REPEALING SUBSECTION
4.08.070(f)(3) AND ADDING A NEW SUBSECTION 4.08.070(f)(3) ,
REQUIRING THE RENT REVIEW COMMISSION TO LIMIT THE DURATION
OF ANY EXTRAORDINARY HARDSHIP RENT INCREASE: GRANTED.
It was moved by Hodges, seconded by Broich, and unanimously
carried, that further reading be waived, and that the
Ordinance be introduced for first reading.
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to Wednesday, July 31, 1991, at 7:30 p.m. , in
the Council Chamber.
�,:'JUDITH SUMICH
City Clerk
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