HomeMy WebLinkAbout1994 - MINUTES - 1/5/1994 CITY OF PALM SPRINGS
0002 CITY COUNCIL MINUTES
JANUARY 5, 1994
A Regular Meeting of the City Council of the City of Palm Springs, was called to order by Mayor
Maryanov,in the Council Chamber,3200 Tahquitz Canyon Way, on Wednesday,January 5, 1994,at 7:30
p.m.
ROLL CALL: Present: Councilmembers Hodges, Lyons, Reller-Spurgin, Schlendorf and
Mayor Maryanov
Absent: None
The meeting was opened with the Salute to the Flag led by Boy Scout Troop 86, and an invocation by Dr. '
Ross Laidlaw, Palm Springs Baptist Church.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with
Council procedures on December 30, 1993.
COMMUNITY REDEVELOPMENT AGENCY: Adjourn for the purpose of convening as the Community
Redevelopment Agency.
INDUSTRIALDEVELOPMENT AUTHORITY,HOUSINGAUTHORITY,FINANCING AUTHORITY-
No business
CLOSED SESSION REPORT: City Attorney reported on matters discussed in closed session, as shown
on the Statement of Basis for Closed Session, dated January 5, 1994, and that no action was taken. (Copy
of Statement on file with City Attorney, and attached to agenda of this date.)
APPROVAL OF MINUTES:-
It was moved by Schlendorf, seconded by Reller-Spurgin, and unanimously carried that the
minutes of December 8, 15 and 23, 1993 he approved.
PUBLIC HEARINGS:
1. TM 27805 - SALVAGGIO
Recommendation: That the Council approve filing negative declaration, Tentative Parcel Map
27805, and Case 5.0648 CUP, subject to condi`ior_s, for property on the SE corner of Ramon
Road and Crossley Road, Section 20 - Pslm Springs Market Fair/Outdoor Market Fair. (Note:
CUP previously approved by R18202)
Director of Planning&Zoning stated that there were a number of inconsistencies in the noticing
and the Parcel Map was taken back again to the Plauning Commission, which concluded its
hearings and recommended approval of both the tentative map and the conditional use permit; that
the CUP was extensively reviewed by the City Council on a public hearing on October 20, 1993;
that the CUP did not require a naw het ring, but both items were set for hearing at this time; he
highlighted the purpose and several key conditions of the use permit, noting that it is for twenty
years to coincide with the Indian land lease.
Mayor declared the hearing opened.
The following persons spoke in opposition to the project:
Lee Haver, General Manager, Desert Fashion Plaza, expressed his concern that the "s�,ap meet"
vendors do not have a commanent in the coms_unity, and all of its facets; and posed questions
including whether the business licerse is eno ugh to cover the cost of services that will be
provided, and who would handle lawsuits agt.i-rx the City,code or other violations, monitor sales
tax, provide customer service follow-u7, trade-nark products, etc.; and suggested that if it is
allowed, priority should be given to local parties, handcrafted items, and hours of operation ,
changed to close at Noon. He sWed that the market at COD is only 100 vendors, and this is
going to be 600 vendors.
Randy Scorman, owner of The Shoe Shop, expressed opiaion that swap meets have destroyed
many communities; that his store could not take the competition,because thousands of people will
have to support it, and they will not also come downtown; that retailers in Palm Springs make
their most money on weekends; that in view of the economy, the City should not be approving
something like Cris; t.nd he questioned w ry Jerry Ogb an wes not involved.
Council Minutes
1-5-94, Page 2
1. 3ALVAGGIO (Continued)
Joan Gattuso, Debby Drive, retailers, stated that if the project is approved, it will not allow
downtown to be finished in its revitalization; that if downtown is the Courcil's priority, it should
not detour business on the peak vveekend selling days; that she felt it was known that if the
Council did not approve the project, the Tribal Council would do so, and she felt the Council
should stand for the City, and get back to where it should be.
Elaine Land, 123 N. Palm Canyon, stated she has been a retailer for 40 years, and downtown has
fought, for revitalization; that a person will not walk 23 acres, and then come downtown as well;
that downtown is experiencing a growth spurt, and the project will take merchants away; that 640
booths represents more retail than all of Palm Canyon and Indian Canyon combined; that
merchants and owners invest in repainting, recarpeting, and furnisher gs, and in supporting
community activity; that she has a store on El Pasco, and the shop ow . cs suffer until the COD
swap meet shuts down; and that if the project is allowed on the four wee°:end days, there will be,
no reason to have a shop downtown.
Charlie Upham, General Manager, P.S. Mall, stated that the community does not need more
retail; that retail is fighting for survival, and questioned how many of fne 640 spaces are actually
signal up to start operating in March or April; that it will take mo-aey away from downtown
merchants, the Desert Fashion Plaza and the P.S. Mall, and hurt the City.
Hank Richmond, Greenhouse Way, suggested that the developer should pay for police traffic
control of congestion which will be caused from the project; that it should shut down by 1 p.m.,
and that local merchants will be forced to talre a booth in order to compete, resulting in added
overhead for them.
Henry Well, Desert Fashion Plaza merchant, stated opinion that the project will be detrimental to
the community; that he thought the COD market was more of a thorn to .Palm Desert, and that it
is both beneficial and detrimental to the College; that a State Board of E qualization study showed
that there is Hess compliance on reporting sales tax from swap meet sales than from other types
of retailers; and that the project will take away from other inslitutieus which are much more
' beneficial to the community.
Georgia Rosenblatt, retailer, stated that the City's thrust was to revitalize downtown, and she did
not understand how the Council could even consider a swap meet, and not recognize the fear of
local merchants about being put out of business; that there is only so much time and so much
discretionary spending money; and urged that it be looked at again, in iLe light that it is not a step
toward revitalization of downtown.
Al Rosenblatt, retailer in Desert Fashion Plaza, and also in Palm Desert, urged that the Council
listen to the experience of seasoned retailers and the affect the project will Grave, and the affect that
the swap meet at COD has on Palm Desert retail.
The following persons spoke in favor of the project:
Herman Smith, Sage Drive, stated that he is a vendor in an indoor swap meet, and has applied
for space with Dr. Salvaggio's project;that the business license for a downtown merchant,without
any employees is$67 per year; that the swap meet will only be open 14� days per year, and it will
generate revenue to the City and remove an eyesore in the area, and give tourists someplace else
to go, other than just downtown; and he felt the community will be proud of it.
Wesley Ross, Ocotillo, stated he sells swaps meets, and many contribuic to the economy of the
town; that several co-exist in Santa Fe; that he thought downtown merchants were looking for a
scapegoat; that the business license fee can be added to the vendor fee, and that sales tax auditing
is the responsibility of the State; that the vendor fee can be paid directly to the City and not
through the Slate; and he urged approval.
Rex Crooke, Hardwood Circle, stated that millions of dollars in revenue will happen when the
area develops; that downtown is looking great, and the staff and merchants and Council are
spending many hours in that effort; that competition is healthy; and that merchants should get
behind the project and find a way of attracting those who will shop there Co also come downtown.
Darrell Meeks, Talnquitz Canyon Way, stated that he felt the project aierutt retailers will have to
merchandise better; that the project will attract people who are now going to COD and bring them
closer to coming to downtown Palm Springs; that the vendors sign the same sales tax forms as
other retailers, and are subject to the same scrutiny.
Council Minutes
(}0 4 1-5-941
Page 3
V� 1. S.41 VAGGIO (Continued)
Bud Robbins, Real Property, Bureau of lndialu Affairs, agreed that retailers should not be afraid
of competition; and thought the project would bring people back to this end of the Walley with
additional things for them to do; that it will add to tite tax base; and that he felt activity breeds
activity.
Eric Meeks, Eroadmocr, stated lie lives in the area and favors the project; that lie did ,not favor ,
reducing the hours; that competition is good; and that Palm Springs is not a "city of downtown"
rather the City of Palm Springs.
Joseph Algazi, resident, stated he has owned 12 businesses in Palm Springs since 1978 and they
all went out of business, and there were no swap meets in Palm Springs; that he did not think a
swap meet at the two-city border would impact downtown; that competilion is good for business;
that hotels will develop; that people easing the 640 spaces will have to stay somewhere.; and that
vendors have the expense of travel, which sometimes is more than retailers overhead. He
complimented the City on the appointment of Pill Wallcenburg as Police;Chief; and expressed an
opinion on a city employee.
Dr. Salvaggio stated that the issues have been worked through with staff and the Commission,and
the Council has heard those; lhat while there are 630 spaces, many vendors take several spaces
and there probably will be closer to 300-400 vendors; that the United States was built on
competition; that the sales tax issue was discussed before, and compliance regarding it as well as
any trade-mark violations are included in the tales; that non-local vendors will pay more for their
business license tax; that there are no leases signed, as he does not have approval of the project,
however, he has many applications ffor spaces; and that he feels the project will be good for Palm
Springs, and he requested approval.
There were no further appearances, and the hearing was closed.
Councilmember Lyons stated he did not lmow if the project would affect the City with more or
less people, and questioned if Palm Desert sales tax is up or down; that not everyone shops at
swap meets; that he shops lecally, and questioned whether the same clientele is involved; that the '
real impact on downtown,was the development of the inafll by Hahn; thait the Council's vote does
not mean much, in that if it votes against the Planning Commission recommendation, there will
be an appeal filed to the Tribal Council, and the decision over-turned.
Councilmember Schlendorf stated that she feels very strongly that the project should not be
approved; that a swap meet at COD is allowed because it is on State property, and there is a
certain benefit to providing some educational help to COD which is a non-profit organization; that
the subject project is clearly for profit; that competitions is good; that the Council is involved in
this case because it is unfair competition and in not a comparable situation, is not the normal or
usual circumstance, and has Riot been done beffore; that it is not the same as snaking a comparison
to a new mail or shopping Centel-; that local merchants invest in products, staff and have overhead
costs and pay local tastes and support local charities, and swap meet vendors will not do the same,
and therefore are not comparable; that iff the project were not on Indian-owned land, she,did not
think the Council would even lm considering it; that the economy is beginning to tuna around, and
the downtown is looking beautiful, and it must be supported; that if the swap meet were art antique
center, it might be a different situation, but the same items that are sold downtown wil! be sold
at the swap meet; that it will handle 1,230 cars, 10 buses, and 3400 people at one time, and there
will he no reason for those people to go downtown.
Mayor stated that this was not an easy issue, and he understood the feelings about not wanting
competition or the swap ineet, however, he had a problem denying it on that basis., and he did not
see any other basis for denying it; that the project is on Indian land and the Council could defer
to the Tribal Council to overrule it, however, the City could lose control over the conditions for
its implementation; that the Council must matte the decision for the good of the community; that '
he did not think it inevitable that it will stop people from shopping downtown, and there may be
ways to entice them downtown; that there was a swap meet in Cathedral City several years ago,
and it did not lead to the down fail of Nita Springs; that it is not the same as The Town Center,
and the Council has taken steps towards getting retail back and finding Palm Springs' identity.
Councilmember Hodges agreed wifth'the Mayor, and added that the Council is not looking to hurt
downtown, rather it has worked hard to build it up, and it is a prime concern of the Council; that
there are other areas of the community, e.g., industrial areas on Ramon Road, which need ajump
start and the project should be considered in respect to the entire community; that she did not
believe the project will hurt downtown; and that there are many who are not downtown shoppers,
who may shop the swap meet.
Council Minutes
1-5-94, Page 4 ��l ^�
1. SALVAGG➢O (Continued)
City Attorney noted that if the Council desire to approve the conditional use permit, the resolution
should be revised to specifically repeal the prior resolution.
Mayor also suggested adding a condition to provide for a review of the r e nit in the event hours
of operation, or traffic control becomes a problem.
Resolutions 13265 (approving the Wrap) and 13266 (approving the CUP`y were presented; after
which, it was moved by Lyons, seconded by Hodges, and carried by the following vote, that
R13265 and 13266 be adopted, subject to adding the repeal of R13202, need adding to Condition
No. 11 to allow review of hours of operation and traffic control.
AYES: Hodges, Lyons, Re➢ler-Spurgin &Maayanov
NO: Schlendorff
ABSENT: None
2. TRAFFIC SIGNAL -RESOLUTION OF NECESSITY
On December 1, 1993, the Council set this as tirne and place for hmi-ing on Resolution of
Necessity to acquire land needed for the installation of traffic sigmmed at No.Indian Canyon and San
Rafael, CP91-15. Property owners were notified of the hearing.
City Manager highlighted the memorandum of Director of Public Works. (136-
Mayor declared the hearing opened; there were no appearances, and the hearing was closed. 029
In response to question by Council, Director of Public'Works reported that the owner of two of
the parcels wants a zoning trade on another piece of property, which is :not negotiable; and that
staff will continue its efforts to negotiate the acquisition.
Resolution 13267 determining necessity and ordering proceedings, is recommended; was
presented;after which,it was moved by Sclilendorf, seconded by Reller-Spu-.r gin,and unanimously
carried, that R13267 be adopted.
INTERAGENCY REPORTS:
a) Councilmember£-lodges reported that she avid Counciflmember Lyons held a subcommittee
meeting relative to taxicab regulation, at which t➢reie was repres-,nLation by the cities of
La Quinta, Rancho Mirage, Palm Desert and Indian Wells, v✓hi6 was very productive,
and another meeting is scheduled in two weeks, at which representatives of the owners (143-
and operators will be invited to allciid. 001
b) Mayor commended Tweed Ebalin for the low-income exemption bill processing that he has
been able to accomplish with most of the utilities concerning the utility user tax.
PUBLIC COMMENTS:
a) Comments on matters not related to an agenda item:
Henry Richmond stated that ninny New England towns are not.allowing Wal-Mart type
stores in order to protect local retailers. There v✓as an electricai power failure earlier in
the meeting, and he questioned why there were no emergency lights in the Chamber.
John Booth, President of the Palm Springs Police Officers Association, complimented
Don Burnett, former police chief, for his service to the departni--A: during tough times;
and applauded the selection of Bill Valkenburg as the new police chief, and he looked
' forward to a progressive year under Iris leadership.
Jim Shiner, resident and fire fighter, read a prepared statement, pointing out that at a
recent fire, several citizens helped in the extinguishing of the Eye, until resources could
respond, and the City Council needs to be aware of their limitaLions in terms of training
and safety; that the Council reallocated two positions as a result of recent vote on sales
tax funding for safety, and those are in the process of being filled; and he questioned if
as the City begins to address cuts and layoffs again to balance the coming budget, if
those same positions will again be cut in July.
Council Minutes
1-5-94, Page 5
Antoinette Aguilar commented regrading public access TV, and urged that the: Council
address the issue and poet.aside any controversy or problems of the past, as it will result
in benefits to the community, and encourage interaction and better understanding.
b) Comments concerning Item 5:
Charlie Lyons, ATeLT stated he was prepared to comment or respond to questions. (117-
004) ,
c) Comments concerning Iflerm 6:
Darrell Mocks opposed the amendment to the contract, and stated it should be clear as (138-
to where the ffands are coming from of it is out of the General Fund.
LEGISLATIVE ACTION:
3. MUNICIPAL CODE AMENDMENT (Intro. 12-15-93)
City Clerk read title of Ord 1465 abolishing the Convention Center Comrnission, afftei which, it (103-
was moved by hedges, seconded by Lyons, and unanimously carried, that further reading be 001)
waived, and 01465 be adopted.
4. DEVELOPMENT FEES - CHEYENNE CATTLE CO.
Consideration of waiving and/or daffening fees related to the use of the former Bank of America
Building by the Cheyenne Cattle Company, at Tahquitz d'r Palm Canyon Drives. (Materials at
meeting)
This items withdrawn by the City Manager and will be rescheduled.
5. CITY FACILITIES - TELEPHONE SYSTEM
Recommendation: That the Counciil award new telephone system purchase from AT&T, Inc., for
$319,090;approve a 5-year maintenance contract for system support; to complete tfloe initial phase '
of a staged replacement of the City's deteriorated and lightning damaged telephone system, in a
form of agreement approved by the City Attorney, A3328.
City Manager reviewed the details of the memorandums of Director of Information Services, and
in response to question by Council, he stated that the insurance recovery for damages caused by
lightning to the system, will cover more than one-half the cost of the PBX replacement; that
$141,000 CIP funds(General Fund)were budgeted previously and continued into this fiscal year;
and that voice mail is a backup to personal response.
Director of Information Services stated that the system will have the capability of being totally
automated,however, each department will be.able to meet its own best needs; and if a person calls (117-
voice mail, there is the option to speak with a person. 004)
Councilmember Sclilendorn stated that the City is a public service, and people do not want to
speak to a machine when they have a problems; that it is acceptable after hours; and that if there
is not enough staff, volunteers atte available.
City Manager explained that when a ca➢➢ comes to City Hall, a person will respond, and if the
person who is asked for is unavailable, the caller has the option of either leaving a message with
that person's voice mail, or talking, with the person who answered the call.
Minute Order 5297 as recommended, was presented; after which, it was moved by Hodges,
seconded by Reiter-Spurgin, and carried by the following vote, that MO 5297 be adopted:
AYES: Hodges, Lyons, Reller-Spurgin & Maryanov '
NO: Schlendorf
ABSENT: None
Council Minutes n
1-5-94, Page 6
6. CITYWIDE PARKS dr SAFETY LIGHTING DLSTPICT
Recommendation: That the Council approve an amendment to contract vi;.th PSI Consultants,Inc.,
for a not to exceed additional amount of$9,00®to perform rune mailing oi'the notices to property
owners for the distract,and amend the budget to appropriate the remainir ig;rands necessary to form
the district ($50,000).
1 Director'of Finance highlighted his memorandum, and responded to gaeestdons by Council stating
that the amount was included in the BSI original contract as optional services, because it was not
Imovvn at the time if staff would be recommending an in-house mailing; and that the cost was
reflected in administrative costs for the District; and that the notices consists of 3 pieces of
information, and a card identifying She specific nssessment.
In answer to question by Council, City Attorney stated that the assessment district law under
which the district is proceeding provides a protest process and is not subject to referendum.
Minute Order 5293 arsending the contract; and Resolution 13268 anmeuding the budget, as
recommended, were presented; after vahich, it was moved by Lyons, seconded by Reller-Spurgin,
and carried, by the following vote, that MO 5298 and R18268 be adopted:
AYES: Lyons, Redder-Speurgin & P�[iaryanov
NOES: Hodges and Schlendorff
ABSENT: Nome
7. It was moved by Reller-Spurgin, seconded by Hodges, and unanimousi carried that Resolutions
18269, 18270 and 13271, approving Claims & Demands and ]PayroB Warrants, be approved; (086)
Pie➢ler-Spurgin abstaining on Wasrant No. 822032.
8. CHARTER CITY
Discussion and or direction concerning propose: charter.
City Attorney pointed out that he and the City Manager met with department heads and employee
group, representatives to answer questions; and that there should be public information provided _
about the charter; and that his research found that the fiscal year ma'y be adopked/changed by (005
ordinance and does not need to be a part of ruse charter. -}
No action, item to he on January 19 agenda.
ADDITIONAL. LEGISLATIVE ITEMS: (Satisfies agenda posting requiremen,e; materials at meeting) -
None
ADDED STARTERS: (Determine eligibility for consideration) - Nome
REPORTS & REQUESTS:
a) Treasurer's Monthly - October, 1993, Received for Filing (121-
002)
CITY COUNCIL reports or requests
a) Council requested opportunity to discuss "Living for the 90s" award at an early January
meeting. Mayor announced recommendation from Peen Gre n, Director for the P.S.
Senior Center, and it was moved by Hodges, seconded by Reller-Spurgin, and
unanimously carried, that Betty Eendling be selected as the City`s nominee for the Living (07 4
for die 90s Award for 1994. Coirncilmambee Sel lendorff stated that she would pursue the 001)
possibility of sponsors f®a city tables at the award luncheon.
b) Councilmember Lyons requested that review of the Public Art fee by the Council,
including possibi➢e waiving off it in order to jump start economic development,be brought
to the Council in the near future. He also reported from a P'UC notice concerning a rate (100m
increase request by Edison over the next two years, a part of which is to fund capital 001)
replacement;and pointed that it furthers the reasons for the City So explore a municipally-
owned utility.
c) Counci➢member Sch➢endorff questioned when the second quart,>rly report for the budget
will be on die agenda for review, and how the budget will be balanced; and until the
Council knows that the budget is in balance, she urged that the Council not approve any
further capital expenditures.
injJ 6 Council Minutes
1-5 94, Page 7
d) Council member Hodges asked when there will be ran update on dae recommendations and
organizational sestr cturing from the budget review Oast year. She also stated that the
time between the consideration of an award on public access TV a-Aid the cessation of
oversight by the Library of Channel 17 is very short, and she questioned whether (089-
broadcasting would cease on February I if the Council does na4 award the contract on 004)
January 19, She stated that these should be a contingency plan in place to make certain
there is continuity of broadcast coverage.
PUBLIC reports or requests ,
STAFF reports or requests
a) City Manager requested that each C.oiuncilmeaaaber provide him with the names at two- (00)
three persons who would be potential members of a budget connrnittee. 01 5
CLOSED SESSION: Mayor declared the meeting adjourned to a closed session, to discuss the Canyon
Development Project.
ADJOURNMENT
There being no further business, Mayor declared the nneeting adjourned,
tj JUDITH3 SullMICH
City Clerk
1