HomeMy WebLinkAbout1991 - MINUTES - 9/18/1991 f
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
SEPTEMBER 18, 1991
A Regular Meeting of the City Council was called to order by Mayor
Bono in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday,
September 18, 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
Rev. T.C. Wilder, Ajalon Baptist Church.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with
Council procedures on September 13, 1991
PRESENTATIONS:
a) Mayor read Proclamation declaring September 18, 1991, (074-
as Florian Gillar Boyd, Jr. Day in Palm Springs, and 001)
celebrating his outstanding and distinguished service
to the community
b) CVAG - Distinguished Leadership Award presented to
the City of Palm Springs, and accepted on behalf of (074-
the City Council by Mayor Bono. 001)
c) Plaques were presented to the Following former
Board/Commission Members, along with expressions of
appreciation by the Council : Nancy Blee, Rent Control ;
Leo Baker and Philip Short, Personnel Board; Zetta
Castle, VPB; Richard Hoag, and Lynne West, Convention (v'7y)
Center; Hunter Johnson, Public Arts; Edward Killam -'Q3
and Robert Voight, Parks & Recreation; Chis Mills,
Planning Commission; Nick Mutascio, HSPB; Terry Weiner
and Jeanne Reller, Economic Development.
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned
for the purpose of convening as the Community Redevelopment Agency;
after which, members reconvened as the City Council .
PUBLIC HEARINGS:
1. PD 200 - VACATION INTERNATIONALE, INC.
Recommendation: That the Council approve a planned (116-
development district for an additional 112 timeshare units 067)
to the Oasis Water Resort Villa Hotel , located on E. Palm
Canyon Drive at Cherokee, Section 30.
City Manager reported that the developer requested this
matter be continued for two weeks, during which staff
will be meeting with them.
Mayor inquired if anyone wished to be heard; there were
no appearances.
It was moved by Broich, seconded by Neel , and unanimously
carried, that the hearing be continued to October 2, 1991.
Council Minutes
9-18-91 Page 2
2. TPM 27139 - DOMINICK MERCANTE
Recommendation: That the Council approve a tentative
parcel map to divide one parcel into two parcels for
property at 1800 Desert Park Avenue, Section to
City Manager reviewed the memorandum of Director of Planning (119-
& Zoning, and reported that the project is consistent O01)
with the General Plan.
Mayor declared the hearing open; there were no appearances,
and the hearing was closed.
Resolution 17644, as recommended, was presented; after
which, it was moved by Broich, seconded by Neel , and
unanimously carried, that R17644 be adopted.
PUBLIC COMMENTS:
a) RV Parking Fee for Special Events at Sunrise Plaza:
Diane Marantz, #6 Palomino, stated that her comments
made on July 17 regarding the City operating an RV
park at the Pavilion was a concern that such an
operation was in direct competition with private
enterprise, and that she did not refer to RV parking
for City sponsored special events; that her concerns
related to tax dollars, zoning, and use of the (114-
information center; that the issue of special event 006)
RV parking as raised by City staff; that until that
time, the City's policy had been in effect since June,
1984, and since the July meeting, she has been contacted
by members of the Parks & Recreation Commission to
clarify her position, because the action of July 17
ultimately affected those 3-4 special events, and
it was not something she was opposed to.
Lou Perlin, Parks & Recreation Commissioner, 203
LaVerne, stated, that the special event RV parking
fee was changed from $10 to $30, which he felt was
not fair, and caused more people to stay away from
Palm Springs, who otherwise would participate in the
special event; and that if the Council disagreed with
the Parks & Recreation Commission, it should at least
give the Commission the opportunity to discuss its
recommendation, before overruling the recommendation.
He also requested that consideration be given to placing
bleachers at the new softball field at DeMuth Park,
rather than to sit idle at the Equestrian Center.
Mr. Perlin was asked to contact the City Manager
concerning his last statement.
Osa Matthews, 4120 Calle San Antonio, stated that
the square dance festival is one of the special events
where RV parking is permitted; that the event is
self-funded, requires little cleanup by the City,
generates revenue for the community, and brings people
to also stay in hotels, and use local restaurants
and shops; that no one is permitted to park ar RV
unless they have registered and paid or a full
participant package - no one day only registrants;
and that the event is given national publicity.
Council Minutes
9-18-91 Page 3
a) RV Parking Fee (Continued)
Ray Hutchison, 1220 Coletta Way, stated that hundreds
of dancers attend the event; that flyers were sent
out nationally, showing the $10 fee, which was an
increase from $7.50 last March, and from $5 the previous
year; that the event brings between 125-150 RVers,
who probably would not attend the event if they had
to park locally, since there would not be any shuttle
service available; and that many other participants
stay in local hotels.
Stewart Borice (?) Cathedral City, read statement
from the Palm Springs Mall manager that many of the
dance participants walk to the Mall for shopping and
eating, and concern that a high fee may cause the
events to cease.
Ed Killum, former Parks & Recreation Commissioner,
stated that he enjoyed his tenure on the Commission,
and asked that something be done to move! the bleachers
to DeMuth Park, noting that he was working on securing
the ASA Men's Tournament, which nationally has attracted
thousands of visitors.
b) George Goldberg commented on the Mayor's recently
published book, and his opinion of it.
d) Don Frank spoke regarding Item 8, and encouraged Palm
Springs to be in the forefront in securing rail service,
and a depot in this community; and tlrat the Desert
Rail Authority will make a presentation at the November
12 study session, for which he would like encouragement
and feedback.
LEGISLATIVE ACTION:
3. ORDINANCES FOR SECOND READING & ADOPTION (Intro. 9-4-91)
City Clerk read title of Ord 1396 re Year of Application
for purpose of hardship rent adjustments; and
Ord 1397 re rights under rent control of purchasers of
existing mobilehomes, 'Vol)
after which, it was moved by Broich, seconded by Murawski ,
and unanimously carried, that further readings be waived,
and that Ordinance 1396 and 1397 be adopted.
4. PD 194 - TIME EXTENSION
Planning Commission recommends that the Council deny a
12-month time extension, as requested by Country Estate
Homes, to allow construction of a 64-unit, 2-story
apartment complex on the SE corner of Avenida Caballeros
and Baristo Road, Section 14.
Curt Ealy, attorney for developer, stated that when his (116-
client decided to purchase the property, he contacted 060)
City staff and indicated his desire to build the project
which had been app�voved, and Then seii Ic co -che (,ounzy
for housing; that he was advised that there would not
be a problem, and time extensions requests were never
turned down; that the plans have been submitted for second
plan check; that the Planning Commission denied the request,
and at its study session and meeting, the developer was
told that the location was not appropriate for low and
moderate housing; that such a conclusion is not legal
Council Minutes
9-18-91 Page 4
4. PD 194 (Continued)
under Government Code 65008, c) and d) (which he read);
that he felt denial was a violation of State law, and
a disservice to senior citizens in the community who need
this housing.
Jim Hicks, 701 N. Patencio, Real Estate Broker, stated
that he held the property for ten years; that he has deep
roots in Palm Springs, including public service; that
the General Plan allows 30-40 units per acre, and the
Zoning Text throughout refers to apartments (without
reference to moderate or low cost); that the staff
encouraged_ this project, which was well-conceived, and
well-designed, and for which a sizeable investment has
been made; that the project has been in plan check since
June; and that the Council should overrule the Commission,
and grant the extension.
Ted Sleight, 1285 Tiffany Circle, stated that the developer
had the opportunity to proceed, and did not take advantage
of it; that he did not understand why the density was
so high; that the project is very close to downtown, and
it would be a significant step backway, and set a negative
precedent for the remainder of undeveloped land in the
area; and that there will be an increased traffic impact
on the neighborhood.
John Hawkins, stated that he is one of the owners of the
property, noting that the economics have changed, and
the project originally proposed could not be built; that
city staff was consulted, and they proceeded based on the
direction and encouragement they received; that the property
was purchased, and there is no cash out-flow problem;
that over $200,000 has been spent in the past ten years
on attorneys, drawings, etc. ; that there was no intent
to be derogatory or a bad neighbor, but midstream
complications caused lenders to backout; and that everything
has now come together, and he felt approval would be the
right thing to do for the project, and for the community.
Ron Schlager, Chairman of the Planning Commission, stated
that he did not recall any discussion by the Commission
concerning the project in terms of low income; that the
project is not the same as originally approved in 1988;
that 25% of the project has been eliminated, going from
64 units to 48 units; that the General Plan update is
in progress, and the Commission felt the project may not
be consistent with the proposed General Plan.
Pat McBride, resident of the Rose Garden, stated that
several years ago when the project was proposed, they
were notified, and residents attended meetings, and everyone
understood that it was not going to be built as planned;
that she did not receive any notice about the current
proceedings, and the plans which are being discussed;
that the homeowners would otherwise have had more input,
and been better organized; and that she would like to
know more about the project, and what the Council has
studied, before the decision is made.
Michael MacFarland, 2950 N. Indian Avenue, stated that
he lives in a HUD subsidized project, and they have
experienced problems relating to safety, nuisances, and
violence, which have not been addressed by HUD, or the
complex management.
- 7 4
Council Minutes
9-18-91 Page 5
4. PD 194 (Continued)
There were no further appearances.
City Attorney stated that the Council record is cllear
that it supports this type of housing; that it was not
being asked to approve the project at this time, rather
the time extension; that the extension may be approved
for good cause shown; that such cause is the burden of
the applicant; that the applicant's attorney is correct
that there are a number of sections in State Law encouraging
cities to provide low income housing; that he felt it
could shown that such sections do not apply to time
extensions, and the code sections do not provide an absolute
prohibition, and as long as the findings are made, it
can be prohibited.
Director of Planning & Zoning reported that the application
in 1988 was for condominiums to be rented; that on August
28, the Commission recommended denial , after careful review
at one meeting, a.nd the decision made at the following
meeting; that housing throughout the community was
discussed, and the General Plan issues. He reviewed the
findings in the proposed resolution of denial , a copy
of which is on file with the City Clerk, including finding
that denial would not substantially impact the City's
ability to achieve its housing goals.
City Attorney reported if the extension is, granted, the
applicant will be required to go through the planning
processes for changes in the project, including the Planning
Commission and City Council .
Councilmember Murawski stated that he has always tried
to listen to the community, and noted that there has been
some change in the project, and he would not have a problem
in granting the extension if it were for the same plan;
that he questioned if the project, could be sent back to
the Commission for a public hearing process, and the
neighbors could gain a greater understanding of the project;
and questioned if it is usual for an extension to be granted
for something other than what was originally approved.
City Attorney stated that if the extension is granted,
the final plan approval process would have to be followed;
and if the extension is denied, the applicant would have
to start over.
Councilmember Broich stated that the original project
was approved for condominiums for rental purposes; that
the State Law does not allow discrimination as to where
low income housing may be located; that only nine units
are represented in that regard; that Council has wanted
to change its image in terms of its approach i to attracting
developers; and he supported the extension.
It was moved by Neel , seconded by Broichi, and carried
by the following vote, that Resolution 17645, granting
a twelve month extension, be adopted:
AYES: Broich, Hodges, Neel & Bono
NO: Murawski
ABSENT: None
Council Minutes
9-18-91 Page 6
5. MUNICIPAL CODE AMENDMENT - PUBLIC NUDITY
Consideration of amendment to clarify intent to prohibit
the wearing of "G-string" and "thong" bikinis under certain
circumstances.
City Manager highlighted the memorandum of City Attorney, (103-
noting that it will make enforcement during Spring Break 001)
easier.
Mayor noted that many hours of explanation have been spent
to news media and other communities who wanted to use
the ordinance as an example, that its focus was for Spring
Break, and not nudity per se.
City Attorney stated that the purpose of the ordinance
is for defining "buttocks", and enforcement was not a
major problem.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 11. 10.040 OF THE PALM SPRINGS MUNICIPAL
CODE PROHIBITING PUBLIC NUDITY.
It was moved by Murawski , seconded by Neel , and unanimously
carried, that further reading be waived, and that the
Ordinance be introduced for first reading.
ADDITIONAL LEGISLATIVE ITEMS: None
CONSENT AGENDA:
6. Res 17646 reaffirming intent to move forward to annex properties (054-
north of the existing north city limits, in particular, 006)
properties designated for wind energy production.
7. Not Used.
8. Res 17647 supporting and encouraging under the auspices of
CalTrans, an inter-city rail service program, including Amtrak, 3 -
between the Los Angeles area and Palm Springs. (Councilmember
Hodges thanked Joe Merino for his persistence, and effort
in pursuing this need, and recognition that one person does
make a difference - even though she does not personally know
him. Councilmember Broich also recognized Rolph Arnhym for
his efforts in this regard)
9. MO 4857 authorizing trustees of Bank of America to release
payment of $20,000 to Jones, Hall , Hill and White for tax
attorney services related to the issuance of $14,030 million
tax allocation bond.
10. MO 4858 approving Change Order 1 to contract with Walsh Pacific (139-
Construction for an increase of $55,263, for Convention Center 004)
expansion, A2968 - subject to minor language change to be
approved by City Attorney.
11. MO 4859 approving Amendment No. 1 to agreement with CalTrans
for sharing cost for operation and maintenance of signals (090-
and safety lighting on Highway III (A2144) . 001)
12. Res 17648 approving final development plans for the Coachella (116-
Valley Housing Coalition 140-unit apartment complex on Sunrise 008)
Way, north of San Rafael - PD116A.
Council Minutes
9-18-91 Page 7
13. MO 4860 awarding purchase of dual air conditioning units for
the Plaza Theater to Southern California Air Conditioning
Distributors, for $84,085.95.
14. Res 17649 authorizing destruction of certain City records
maintained by the City Attorney' s Office and the Assistant
City Manager.
15. Res 17650 urging Congress to appropriate $2 mill1on in 1991-92
to the BLM for acquisition of lands within the Santa Rosa
Mountains National Scenic Area.
1.6. Res 17651 approving Claims & Demands.
It was moved by Murawski , seconded by Broich, and
unanimously carried, that Resolution 17646 through 17651,
and Minute Orders 4857 through 4860 be adopted, Item 10
above subject to City Attorney approval of language change.
ADDED STARTERS:
1.7. AIP-014 - FEDERAL GRANT
City Manager reported that subsequent to the posting of
the agenda, it was learned that additional grant monies
may be offered by FAA, over the amount authorized for
acceptance by the Council on September 4, and such amount
must be accepted prior to the close of the Federal Fiscal
Year which is September 30. It was moved by Broich,
seconded by Murawski , and unanimously carried, that the
matter be determined eligible for consideration, and added
to the agenda.
Resolution 17652, authorizing acceptance of the grant
agreement, which will be equal to, or in excess of,
$3,615,750, was presented; after which, it was moved by
Broich, seconded by Murawski , and unanimously carried,
that R17652 be adopted.
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
a) Councilmember Hodges stated ghat she has received
complaints that tee-shirts containing obscenities
are again appearing in storefront windows downtown,
and asked that the Council , or staff see if something
can be done to correct the situation.
City Manager was instructed to contact: DBID, P.S.
Now, and Main Street to seek their help.
b) Mayor questioned whether, as a part of the Las Casualas
Terrazza project, that the City is to advance $600,000
upfront, and then be repaid further down the line,
and whether that matter was discussed by the Council
when he was not present, or if it is supposed to come
to the Council as part of the next phase; that he
was concerned that sometimes a project starts, and
before long it is formulated, and it gets tough to
change or alter it; that in terms of the Las Casualas
project, he felt the Council was only looking to a
means of expansion for the restaurant, and if the
suggestion is to get involved in private enterprise,
he would like to get better clarification on it.
- Y7
Council Minutes
9-18-91 Page 8
b) Continued
Councilmember Murawski stated that he agreed, and
sometimes the Council finds itself buried 'in a project,
without having all of the information upfront; that
perhaps a check list, or breakdown of the various
development considerations could be used for each project,
and the Council would be able to see what, if any,
financial considerations are involved; and that sometimes
it seems that all of a sudden a deal has been put together
that the Council is not aware of, or is different than
what the Council had initially seen.
City Manager stated that he recalled that Mr. Service
expressed concern about follow-through on his project
during a meeting in April , under the Public Comments
portion of the agenda; and he did not recall a clear
presentation to the Council until recently, and then
it was only a brief one which showed the financial
constructs of the deal ; and that the gap needs to be,
and will be, addressed.
Councilmember Hodges stated that the problem is that
a concept is initially brought to the Council ; that
the Council thinks it is a great idea, but has no idea (114-
what the expected involvement, or costs area, whether 004)
it is going to be asked to be a partner 'in the deal
- only that it likes the look of the project; that the
next time it comes before the Council , the deal has
been put together; that perhaps more updates are needed
during the process so the Council can react whether
the direction is appropriate.
Councilmember Broich stated that he also like the idea
of a form.
Councilmember Murawski stated that perhaps it could
just be a form with the issues that must be presented
each time a project comes up, starting from the very
beginning; that one of the issues are the economics;
and there have been other things that have come back
to the Council only to find out that there were deals
made on behalf of the City which he was very unhappy
about.
City Manager stated that he felt the issues were now
being brought to the Council as quickly as they are
discovered; and asked that he be allowed to develop
a mechanism to assure that the Council is fully informed
before any commitments are made.
c) Mayor requested information be provided concerning
the status of the Convention Center, and its impact
on the General Fund; that the General Fund cannot (139-
take many more hits; that staff needs to make it clear 001)
to the Council when matters are presented that are
going to put the fund in a position of liability;
and that his objection to the Convention Center
expansion was that it would most probably impact the
General Fund.
_ rr�
Council Minutes
9-16-91 Page 9
c) Continued
City Manager stated that the Convention Center by
nature is not a profit center, but is generally a
means by which to bring in group business, in that
conventioneers rent hotel rooms, and buy goods and
services; that he shared the concern that the Council
needs to recognize what that benefit ratio is as it
relates to the Convention Center, and that it address
the kind of contribution the Council has to make from
the General Fund, and his research points to an increase
from $1.6 million to slightly over $3 mullion in three
years; that it is a contribution from the General
Fund that has to be met, and offset; that at the next
study session agenda, he intended to update the efforts
that staff are going to put into place now for next
fiscal year to address what is essentially a $3.5
million dollar potential gap; that new revenues are
going to be needed, or expenditures reduced; that
he has asked the department to identify ways in which
to do that; that one issue to deal with 1is how businiess
at the Convention Center can be increased, and potential
impact on the General Fund be reduced; and that he
could provide a comprehensive report at the next
meeting, if that was desired. (139-
001)
Mayor asked if the City Manager would be able to
identify whether money will have to be pulled out
of the General Fund just get the expanded facility
started.
City Manager stated that he could make some informed
recommendations and take some positions as it relates
to the current fiscal year, but future fiscal year
impacts are a little more difficult to predict; however,
he is working on a 5-year ti,meframe, and to try to
put a method into place that provides more certainty
in making that type of prediction - a portion of which
is dependent upon some of the precommittments I'hat
were made for the use of that facility, if that group
(IBM) continues to use it, there are no documents
to his knowledge to commit it to that, and there are
some things that require Convention Center staff to
do to beef up group business.
In answer to question by Mayor, City Manager stated
that IBM has changed some of the dates that it will
be utilizing the facility, but it is committed for
this year; that it was subsequent years that he was
addressing as a concern; and that he only recently
became aware of the requisite for a second hotel .
Mayor stated that he would like to see where the Council
is supposed to go on that, or whether the discussion
is focusing on putting out a whole lot of money 11-rom
the General Fund.
Councilmember Murawski stated that he thinks that
some of the room requirements are being provided through
the changes that have happened at the Holiday Inn,
and IBM is happier than it has been; that he feels
it is the intent of the Convention Center staff to
make sure that this year's experience in Palm Springs
is so great that IBM will be fast to sign for the
next year.
Council Minutes
9-18-91 Page 10
c) Continued
Mayor inquired if IBM has indicated That it is
satisified with that.
Councilmember Murawski stated that it has been very
pleased with all the changes that have been indicated
to be made, and are being made, and it is happy to
see the City is following through; and that it reflects
a combination of a lot of different elements a whole (139-
packet put together to make it work better. 001)
Mayor stated that since part of what needed to be
addressed was the second hotel , he was pleased, if
IBM is satisifed with the Holiday Inn.
In answer to question by the Mayor, City Manager stated
that an update will be part of the budget briefing,
which he intended to present on a quarterly basis
in any event.
PUBLIC reports or requests - None
STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned.
DITH SUMICH
City Clerk