HomeMy WebLinkAbout1991 - MINUTES - 11/6/1991 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
NOVEMBER 6, 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,
November 6, 1991, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Broich, [lodges, Murawski
Neel and Mayor Bono
Absent: None
The meeting was opened with the Flag Salute and an invocation by
Pastor Spencer Anderson, Desert Chapel .
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with
Council procedures on November 1, 1991.
PRESENTATION:
Mayor presented plaques of appreciation to former
Commissioners Martha Edgmon, Planning Commission; and
Vern Tave, Personnel Board.
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned
for the purpose of convening as the Community Redevelopment Agency.
HOUSING AUTHORITY, FINANCING AUTHORITY, IDA: No business
APPROVAL OF MINUTES
It was moved by Broich, seconded by Neel , and unanimously
carried, that the Minutes of October 8, 1991 be approved.
PUBLIC HEARINGS:
1. PD 222 - JUAREZ
Recommendation: That the Council approve a planned
development district for a 98-unit apartment complex at
400 E. Stevens Road, Section 11.
City Attorney reported that a letter has been received
from an adjacent property owner making an environmental
objection; that staff wants to evaluate the objection,
and provide a response; and he recommended 'chat the hearing
be continued to November 20, and anyone present who is
unable to testify at that time, be allowed to do so at
this time. (116-
087)
Mayor inquired if anyone wished to be heard.
David Jacob, 371 Camino Monte Vista, stated that he
understood a block wall will be built, resulting in blocking
in his property.
Merlyn Mueller, Lantana Lodge, stated that he was told
there will be an auxiliary street that connects Stevens
Road and Camino Monte Vista, otherwise he will be
landlocked; and that fie was told it De e, priJ'-. ,e
road.
Council Minutes
11-6-91 Page 2
I. PD 222 (Continued)
Ms. ? Dyke, 312 Camino Monte Vista, questioned why a gated
community will have parking outside of its walls; that
she did not object to a no parking sign, trash enclosures,
or stop signs, but was very much opposed to allowing public
parking on the outside of the gated walls.
It was moved by Broich, seconded by Neel , and unanimously
carried, that the hearing be continued to November 20.
2. TTM 26871 - NICHOLS
On October 16, 1991, the Council continued consideration
of tentative tract map for an 11-lot single-family
subdivision on the NW corner of Paseo El Mirador and Paseo
de Anza.
Director of Planning & Zoning reviewed his report, noting
that the subdivision will create single-family parcels
of z to 1 acre in size; that the Traffic Engineer does
not think an intersection street light is warranted; and (137-
that there were no significant comments at the Planning 081)
Commission hearing. He added that a traffic signal is
ultimately proposed at Sunrise and Paseo E1 Mirador; and
that the concerns voiced by the attorney for an adjoining
property, have been resolved by the parties, and the map
has been revised accordingly.
Mayor declared the hearing opened.
Steve Nichols stated that he was available for questions.
There were no further appearances, and the hearing was
closed.
Resolution 17677 as recommended, was presented; after
which, it was moved by Murawski , seconded by Neel , and
unanimously carried, that R17677 be adopted.
3. HSPB 22A - PLAZA THEATER
Recommendation: That the Council receive public comment
and review information regarding the designation of the
Plaza Theater as an historic site; and designate same
as a Class I site.
City Manager stated that the proposal of Mr. Markowitz
concerning the theater and Karen' s Korner does not affect
the exterior of the property, and has been reviewed and
approved.
Planner Patenaude reviewed the memorandum of the Director (076-
of Planning & Zoning, and stated that the designation 001)
would actually benefit Mr. Markowitz 's proposal , in that
once designated, interior renovation which is not a matter
of health or safety, would not have to be brought up to
current code standards, e.g. , lobby rest rooms. In answer
to question by Council , he stated that the proposed glass
wall enclosure on the south sidewalk should not be a
problem; and that Mr. Markowitz has indicated that he
did not have a problem with the designation.
Mayor declared the hearing open; there were no appearances,
and the hearing was closed.
Resolution 17678 as recommended, was presented; after
which, it was moved by Broich, seconded by Murawski , and
Council Minutes
11-6-91 Page 3
3. HSPB (Continued)
unanimously carried, that R17678 be adopted, subject to
stipulation that there be no problem with the construction
of the proposed glassed enclosure.
4. PD 200 - VACATION INTERNATIONALE
On October 16, 1991, the Council continued hearing on
planned development district to convert 114 condominium
units to time share units at the Oasis Water Resort Villa
Hotel , 4190 E. Palm Canyon Drive, RGA(8) , Sec 30.
Director of Planning & Zoning reviewed hi's report, and
noted that 66 time-share units were approved in 1989,
and explained zoning requirements for time-shares, and
that the subject site is specifically permissible under
a PDD; and that existing condominium owners on the site
have signed a consent form that they are aware of the
conversion; that the site contains excess parking, however,
recognizing that there will be on-site marketing, the
Planning Commission required parking plans be submitted;
that due to litigation, the City no longer collects TOT
on the 66 units, and conversion of the hotel will reduce
the TOT by an estimated $150,000 annually; and that the (116-
proposed resolution has been modified as a result of 067)
discussions with the applicant. He reviewed the specific
changes, i .e. , 2 i . which relates to the payment of $400,000
prior to the expiration of two years from the date that
the first of the 112 condominium unit leasehold titles
is acquired, and stipulation objected to by the applicant
concerning release of further obligation, that, "This
release does not extend to any future tax the City may
impose if new (State) legislation is enacted permitting
taxation of time-shares units, but that such tax shall
not be imposed within the two year of this date. "
City Attorney stated that the applicant's biggest issue
relates to this last sentence, because of its commitment
of $400,000, and has asked that the City waive the right
to impose any such type tax in the future; that there
are no such intentions in the making, however, if the
State law were changed at some time in the future, such
a waiver would set aside the City's ability to impose
such a tax; and that the solution recommended by staff
was to provide language to not impose such a tax if it
became possible within two years from this date.
Mayor declared the hearing opened.
Bonnie Garland-Goss, Schlecht, Shevlin St Shoenberger,
co-attorney for the applicant, described the history of
the project over the years since its construction as. a
failed operation, beginning with the condominium unit
sales, and the lack of success of the hotel operation;
that the current situation is to either sell the remaining
units to the current time-share system, or put the units
up for auction. She compared the impacts to the City
and the community of each option, concluding that the
time-share option would result in a guaranteed TOT payment,
a continued successful operation, attract new tourists
and visitors to the community„ market Palm Si,oin9s
internationally, and provide jobs. She stated that
condition 2 i . was approved in August without the added
sentence, and the guaranteed payment was proposed by the
applicant at that time at $300,000; that the amount was
increased on November 5, and that she only just learned
of the last sentence in the previous two hours; that she
considered it extremely remote that the State would enact
such taxing legislation in the way contemplated by the
resolution, and the applicant
!. JJ
Council Minutes
11-6-91 Page 4
4. PO 200 (Continued)
cannot accept such language; that the guaranteed payment
was made in exchange for the future release, and the last
sentence emasculates that exchange. She stated that the
project has the highest maintenance costs of any of the
Vacation Internationale systems, and the company cannot
afford such a contingent liability.
In answer to question by Council , City Attorney stated
that the Council could adopt the resolution, and if the
applicant is unwilling to accept the condition, it could
make a legal challenge as to the validity of the condition.
Ms. Garland-cuss stated that the project was complete
eight months ago, and approved by the Planning Commission
in August, and the owner is concerned about further delays.
Mayor stated that there appears to be near agreement,
and perhaps further discussions could resolve all concerns;
and from a practical standpoint, it would be better to
take a little more time to reach solution, than face legal
action.
City Attorney stated that from a staff standpoint, further
discussion is available, however, the staff has a very
significant concern about waiving for all time the ability
to impose taxes; that he did not know if Lhe applicant
was willing to reconsider, and discussion is always open.
Ms. Garland-cuss stated that she would accept a delay,
if the staff is willing to have more discussion, which
hopefully would not result in controversy.
Doug Philips, Best, Best $ Krieger, co-attorney for the
applicant, expressed his firm opinion that the State would
not enact any legislation in the future for TOT taxation
of time-shares; that in view of such a circumstance, he
did not feel the City would be waiving anything in the
future; and that the applicant has agreed to all conditions,
with the exception of the referred to sentence.
Karen Aguilar, 1975 Mark Leslie, stated that if the units
are sold at auction as condominiums, there will not be
any TOT revenue from the property for the City.
Dee Dee Stone, 142 Eastlake, stated that she predicted
a number of years ago that the location would not succeed,
and that it should continue to operate as a hotel .
There were no further appearances.
It was moved by Broich, seconded by Murawski , and
unanimously carried, that the hearing be continued to
November 12, at 3 p.m. , and during the interim the staff
and applicant work towards a resolution of the remaining
issue.
PUBLIC COMMENTS:
a) Bill Byrne, 301 Overlook, commented on the results
of the election, and asl,PJ that the Cour -ii 'take an
affirmative position as a follow-up to the advisory
vote in opposition to the Raceway.
Council Minutes
11-6-91 Page 5
b) Mike Olman, re altor, 561 Chiquita Circle, described
a proposal to convert the former bank building at
190 N. Sunrise Way into a restaurant, and asked For
a variance from the Zoning process which would require
a planned development district.
City Manager suggested that Mr. Olman contact the
City staff to discuss the proposal , and the procedural
requirements involved.
c) Gary Bostworth commented on accessibility to facilities
by the physically handicapped, in particular the lack
of same in Palm Springs, compared to Florida; ,and
the need to have such facilities in particular in
a resort community. He stated that the Las Casuelas
Terrazza restaurant repeatedly blocks the handicap
access. City Manager asked that Mr. Bostworth call
Code Enforcement immediately whenever he observes
such a violation.
d) Frank Brown, 670 Calle Palo Fierro, reiterated comments
he has previously made concerning flooding to his
property caused, in his opinion, by improper drainage
from the Motel 6, and the City' s responsibility to
do something about it. City Manager asked Mr. Brown
to contact the Director of Public Works to follow-up
on the matter.
e) Mike Minasian, commented on the Welwood Murray Memorial
Library, and urged cooperation. not 'litigation, in
deciding whether it should remain open.
f) Ruth Licata, 530 N. Calle Marcus, League of Women
Voters, presented a copy of the book entitled, "Citizens
and Politics," and offered the League ' s assistance
in bringing the public into the governmental process.
g) Jerry Platt, 2736 S. Camino Real , criticized the
Council 's policies and actions, and suggested growth
as a means of generating needed revenues.
h) Fred Ebling, 2,460 Tuscan Road, read a letter from Suan
Coat, concerning Sunbus handicap access at bus stops,
and her past accident and experience in than regard.
i ) Steve Grasha, 520 S. Murray Canyon, commented on the
fire benefit assessment, and stated that alternative
methods are being used successfully in other cities,
and the matter needs to be addressed.
j) Clancy Yoder challenged Mr. Grasha's comments, and
that a subscription system is not successful , and
costs more money.
k) Linda Cooper Lee also commented on the lack of handicap
access in regard to Sun Line, sidewalks, and curb cuts.
Council Minutes
11-6-91 Page 6
LEGISLATIVE ACTION:
5. DBID - ANNUAL ASSESSMENT LEVY
On October 16, 1991, Council conducted and closed public
hearing on the annual levy of assessment for the DBID
for the 1991-92 fiscal year. Percentage or protest is
less than 50%, and Council may either approve, or disapprove
the levy.
Director of Finance reviewed his report, indicating how
the protests were calculated, and that they represented
a less than 50% protest.
Councilmember Broich stated that he no longer is required
to abstain, as he is not subject to the assessment.
Councilmember Hodges stated that everyone is concerned
about the downtown, and she felt that the economy was
not going to improve very soon; that the opposition has (133-
been dutiful in its pursuit, however, there needs to be
a unified downtown if it isto survive the difficult times 004)
ahead.
Councilmember Murawski agreed, and added that the program
was the result of the majority of the downtown merchants,
and the Council has an obligation to follow the legal
course of action; that those opposed, should try to change
the organization from within, and that the community as
a whole has a strong responsibility to help the Council
and the merchants, and to support the local economy by
shopping locally.
Mayor stated that he was still of the opinion that the
project has proven not to be workable, and the Council
should be strong enough to recognize that and to stop
the program; that the gap will widen between the two
factions; and the continuance will only produce the same
result next time; and that he agreed a unified program
is needed, but he did not feel this program was fairly
structured.
Councilmember Broich stated that he has not seen anyone
come forward over the past two years and offer something
else; and that the same energy spent in opposition would
be better served if it were spent in a joint effort to
turn around the downtown.
Resolution 17679 approving annual levy, as recommended,
was presented; after which, it was moved by Broich, seconded
by Hodges, and unanimously carried, that R17679 be adopted.
6. VIDEO/AUDIO/CONTROL SYSTEM
Recommendation: That the Council reject all Bids received
to provide equipment and installation necessary to establish
an operational video/audio/control system for the Council
Chamber and adjacent area.
City Manager highlighted the memorandum of Director of
City Librarian, and recommended rejection of 91ii:!
(117-
Minute Order 4888 as recommended was presented; after 005)
which, it was moved by Broich, seconded by Murawski , and
unanimously carried, that M04888 be adopted .
Council Minutes
11-6-91 Page 7
7. CONVENTION CENTER - NEW YEAR'S EVE
Recommendation: That the Council approve an expenditure
up to $25,000 to fund one of two options to house and
promote a New Year's celebration at the Convention Center.
Director of Convention Center highlighted his report,
noting that although the staff would continue to seek
a co-promoter, or schedule an event, the nearer the time
came to Thanksgiving, the less likely the event would
be successful . He stated that the staff has been working
on the project since mid-August, and scaled it down after
it became clear that an acceptable co-promoter could be
found.
Discussion ensued whether a two-week or less delay would
accomplish anything. (139-
001)
Councilmember Murawski stated that he felt the Center
was not in the position of competing with local ballrooms,
or restaurants, and if a promoter wanted to rent the
facility and put on an event that would be acceptable,
but the City should not be in the business of putting
on parties.
Mayor stated that promotions of that type require people
who are familiar with the business, and who willing take
the risks involved; that promoters are nervous about the
economy today, and are not taking the risks; and that
it would be a big job to try to put something together
in such a short time.
It was the consensus of the Council to take no action
to encourage such an event this year, and that the staff
should be looking toward clarification of the role of
the facility in terms of local competition.
It was moved by Broich, seconded by Murawski , and
unanimously carried, that the recommendation not be accepted
for this year.
8. CONVENTION CENTER - CONFERENCE BID
Recommendation: That the Council commit a maximum of
$20,000 for a food and beverage function to be held at
the Convention Center, waive fees for usage, and offer
appropriate staff support to meet the bid requirements
for the January, 1995 RCMA (Religious Conference Management
Association) Conference.
Acting Director of Convention Center highlighted his
memorandum, noting that the Convention Center Commission (139-
recommended approval , and that i:he CVB Will be working 001)
to obtain sponsors in Palm Springs and the Valley, in
order to submit the bid.
City Manager stated that the conference would mean 1500
room nights, and a TOT revenue of $15,750.
Councilmember Murawski stated that the funds would be
well spent, if the result were only one future ;)OO Pr l
Minute Order 4889 as recommended, was presented; after
which, it was moved by Murawski , seconded by Broich, and
unanimously carried, that M04889 be adopted.
Council Minutes
11-6-91 Page 8
9. SEASON DECORATIONS
Recommendation: That the Council award purchase of services
to garland wrap and remove 660 trees to Turn Off at $14
per tree, not to exceed $9,240; and authorize payment
from either the DBID, or the Festival of Lights Account.
Assistant City Manager reviewed the memorandum of Director
of Parks, Recreation & Golf Course, and noted that the
minute order was revised to include both the wrapping
and removal of the garlands; and that the cost for doing
so is included in the DBID budget, as well as the repayment (136-
of the previous debt to the City. 019)
Minute Order 4890 as recommended, charging said costs
to the DBID, was presented; after which, it was moved
by Broich, seconded by Murawski , and unanimously carried,
that M04890 be adopted, and contract be subject to the
approval of the City Attorney.
10. MUNICIPAL CODE AMENDMENT - ALCOHOL IN CITY PARKS
Recommendation: That the Council reintroduce ordinance
concerning prohibition of alcohol in city parks (revised
by the City Attorney from original introduction on October
16, 1991).
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, (103-
ADDING SUBSECTIONS 25 AND 26 TO THE PALM SPRINGS 001)
MUNICIPAL CODE 11.44.060 TO ESTABLISH LEGISLATION FOR
ALCOHOL IN CITY PARKS.
it was moved by Broich, seconded by Murawski , and
unanimously carried, that further reading be waived, and
that the Ordinance be introduced for first reading.
ADDITIONAL LEGISLATIVE ITEMS (Satisfied agenda posting)
11A. COGENERATION PLANT - EMERGENCY REPAIR
Recommendation: That the Council approve emergency repair
to the Municipal Cogeneration Plant generator, by Brithnee
Electric, for an estimated $25,000.
City Manager stated that the mechanical failure was due
to metal fatigue, and that the remaining equipment will
be inspected to prevent a similar situation; and that
the cost will be recovered through non-self-funded 052-
insurance.
001)
Minute Order 4891, as recommended, was presented; after
which, Broich, seconded by Neel , and unanimously carried,
that M04891 be adopted.
CONSENT AGENDA:
12. MO 4892 approving Change Order 2 to increase contract with
Walsh Pacific Construction Inc. by $151,987 for the Convention ( 139-
Center expansion project - A2968. 004)
13. MO 4893 approving Amendment No. 1 to Agr 2985 with STE (139-
Associates for an increase not to exceed $13,600 for additional
testing and steel inspections services for the Convention 004)
Center expansion.
Council Minutes
11-6-91 Page 9
14. MO 4894 approving Work Authorization 1 to Agr 2994 with (051-
Professional Service Industries Inc. for full-time combination 055)
building inspection services, and allow $29,1936 allocated
to the Building Division to be used to augment said agreement.
15. MO 4895 approving Change Order No. 6 to Agr 2973 for an increase
of $7,402 to contract with Brickley Construction Co. , Inc. (051-
for asbestos removal at the Airport. 055)
16. MO 4896 ratifying Change Orders 1 through 3 to contract with (051-
Turner Construction Company, Agr 2984, for the Airport Terminal 055)
Expansion, pursuant to authorization previously delegated,
for a total of $133,810.
17. Res 17680 approving destruction of certain Finance Department (151-
Records (listed in resolution) . 001)
18. Res 17681 approving salary table for employees in the 061-
(
Confidential Unit, which will allow the same increase effective 061-
January 5, 1992, as employees in the General Unit.
19. Res 17682 approving Final Parcel Map 26628 to divide property
on the north side of Airport Center Dr, east of Avenida Evelita, (119-
P.S. Airport Centre Ltd. , Section 18. 001)
20. Res 17683 approving Final Parcel Map 27139 to divide property
on the north side of Desert Park Ave, east of Sunrise Way,
Domenick Mercante, Section 1. (119-
001)
21. Res 17684 declaring intent to vacate a portion of Paseo El
Mirador, and a portion of Avenida Palos Verdes, Section 11, (145-
and set hearing for December 4, 1991. 001)
22. Res 17685, 17686, 17687, 17688 approving Payroll Warrants
and Claims & Demands. (086)
It was moved by Neel , seconded by Murawski , and unanimously
carried, that R17681 through 17688, and N10 4892 through
4896 be adopted; Hodges abstaining on R17688.
ADDED STARTERS:
23. FPM 27172
City Manager explained need for action; after which, it
was moved by Murawski , seconded by Neel , and unanimously
carried, that this matter be determined eligible for
consideration, and added to the agenda.
Recommendation: that the Council approve FPM 27172 to (119-
divide property at the NW corner or Crossley Road and 001)
Mesquite Avenue, Section 2, Knutson Capital Investment
Inc.
Resolution 17689, as recommended, was presented; after
which, it was moved by Murawski , seconded by Broich, and
unanimously carried, that R17689 be adopted.
� r
�_
Council Minutes
11-6-91 Page 10
COMMISSION APPOINTMENTS:
a) VPB BOARD:
Mayor announced his appointment of Charlene Betkijian
(Holiday Inn). to fill the unexpired term of the 126-149
room hotel category, ending 6-30-93, on the Visitor
& Promotion Board.
Councilmember Hodges expressed concern that the Council (060-
was not following its own policy, and inquired whether 024)
Ms. Betkijian had been off the Board the required time.
City Clerk stated that the Code requires that a person
be off of a board or commission for one year before
being eligible for appointment to the same or another
board or commission; and that Ms. Betkijian resigned
in November, 1990 (November 8) .
It was moved by Broich, seconded by Murawski , and
unanimously carried, that said appointment be approved.
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
a) Mayor/City Manager Washington, D.C. Trip:
Councilmember Hodges asked if the Mayor would cover
his itinerary in Washington, to assure the public
that it was related to City Business, as there was
much speculation about it.
Mayor stated that whenever he can do so, he travels
at his own expense; that a stinging letter, was received
from the BIA which seemed to represent the City in
an incorrect manner, and clarification was needed
as to each jurisdiction's role; that meetings were
successfully arranged with the Secretary of the
Interior, and others, which resulted in his assistance
in moving BIA issues forward (meeting included City
Manager) , acquiring additional FAA funds for the
Airport; and a commitment concerning a railroad station
in this area.
Councilmember Murawski stated that the BIA letter
grossly misrepresented what was happening in the city,
and the Council 's interest is in protecting a project
that will generate large sums of money and bring life
back into the area; that he felt the ability to get
the situation under control and to meet with the
Secretary was directly related to the Mayor's celebrity
status.
PUBLIC reports or requests - None
STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to Tuesday, November 12, 1991, at 3 p.m. , in
the Large Conference Room, City Hall .
UDITH SUMICH
City Clerk