HomeMy WebLinkAbout1994 - MINUTES - 4/20/1994 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
APRIL 20, 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 Talnquitz Canyon Way, on Wednesday, April 20, 1994, at
6:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and
at 7:30 p.m., the meeting convened in open session.
ROLL CALL: Present: Councilmembers Hodges, Lyons, Reller-Spurgin, and Schlendorf
Absent: Mayor Maryanov
'The meeting was opened with the Salute to the Flag led by Boy Scout Troop 262, and an invocation
by Joan Hymns, President, First Church of Christ Scientist.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance
with Council procedures on April 15, 1994.
PRESENTATION: Mayor pro tem presented appreciation plaques to former Commissioners: Virginia
Carter, Michael Kahn, Erich Langmann, Craig Prater, and Robert Weithom, all of the Convention (074
Center Commission, and Jim Shaw, Visitor & Promotion Board. Unable to attend: Alberta Callen, 001)
Library Board, Angela Hockanadel, Historic Site Preservation board, and Wayne Schicke, Board of
Appeals, Rand I3utchison, Convention Center Commission.
CLOSED SESSION REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED
SESSION(All Entities)-See items on Page 5 of agenda this date;legal counsel to rile appeal concerning
decision in matter of Frank Miller, John Miller and Madelyn Miller vs. Community Redevelopment
Agency of the City of Palm Springs, et al, I69228, Sup. Ct Riverside Co, Indio.
COMMUNITY REDEVELOPMENT AGENCY: Mayor pro tent 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. MUNICIPAL CODE AMENDMENT&ZONING TEXT AMENDMENT-WIND ENERGY
Recommendation: That the Council amend the Municipal Code and the Zoning Ordinance
related to the development of wind energy conversion systems, to provide development
standards of WECS at such time as Annexation 26 becomes final.
Director of Planning&Zoning reported that the proposed ordinances were originally heard in
May, 1993, and concern was raised as to the difference between 55db and 45 db noise levels; (103—
that the annexation has been completed, and workshops held in the neighborhoods, with the 039)
focus oil noise. He reviewed the Planning Conunrission recommendation, as detailed in his
report on file with the City Clerk, and reported that the Commission felt the 55 db provided (103—
a good standard and protection for adjoining properties; that it is consistent with the County 001)
standard for redevelopment of WEC projects, and with the industry in other communities; that
it is uniform to both redevelopment and new projects, and easier to administer; that there are
few areas remaining where new development can occur, and the significant activity will be in
redevelopment of WECS; that the ordinance will not affect ELM, nor County areas. He
displayed aerials showing the various areas, and the affect of the application of the standards
on those areas.
Mayor pro tem declared the hearing opened.
Alice Warner, resident north of Dillon Road, stated that she opposed the proviso attached to
the 1200 ft setback, i.e., that if economic hardship can be shown, the setback may be less; that
there is hardship on the residents also, in that properties have less value, there is no new
building, and homes are hard to sell; and that the WECS create a visual and noise pollution,
although the noise has been greatly reduced with the new turbines.
Council Minutes
4-20-94, Page 2
1. MUNICIPAL CODE AMENDMENT (Continued)
Fred Noble stated that the industry supports the proposed ordinance, and the difference
between a 55 db and a 45 db is the same as the difference between a moratorium and building;
that there is no objection to a 1200 ft setback; that over 100 of¢he noisy turbines have been
replaced with 13 quieter and efficient turbines; that the newest home in the area was built
between the existing residential and the turbines, and was built after the WECS were fully '
developed; that the WECS (bring big tax benefits to the City without any financial help from
the City; and that 45 db. would cripple the industry, but a 55 Jb is fair and reasonable.
Mike Asecka(?), Seawest, stated that they support the standards with the exception of the 200
It height limit, which is not consistent with stale-of-the-art technology, and requested that he
be allowed to work with City staff to address the most viable and latest technology to meet llne
City's goals.
There were no further appearances, and the hearing was closed.
Director of Planning & Zoning reported that he supports the request to work with Seawest to
see where the industry is going; and Director of Aviation stated that it is worth exploring and
he would make certain the appropriate FAA officials would be able to answer any questions
that might arise related to aviation issues.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 9404.00H (CONDITIONAL. USE PERMIT'S) OF THE
ZONING ORDINANCE IN REGARD TO WIND ENERGY CONVERSION
SYSTEMS.
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and of Ordinance, entitled:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, '
AMENDING CHAPTER 11.74 (NOISE ORDINANCE)OF THE PALM SPRINGS
MUNICIPAL CODE IN REGARD TO WIND ENERG Y CONVERSION SYSTEM.
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after which, it was moved by Lyons, seconded by Hodges, and unanimously carried,
Maryanov absent, that further readings be waived, and that the Ordinances be introduced for
first reading.
2. FREDERICK NOBLE DEVELOPMENT AGREEMENT FOR WIND ENERGY
CONVERSION SYSTEMS
Recommendation: That the Council approve a Development Agreement with Frederick Noble,
et al;and order the filing of a Negative Declaration regarding the:project, to clarify regulations
which will be enacted and applied to their WECS development, and other future development
on the specific properties.
City Attorney explained the purpose of a development agreement.,which provides an extremely
limiting ability to change future conditions and regulations under which the project will be
developed,and guarantees those circumstances for a period of fillteen years; that the ordinances
referred to in Item I would apply, as well as any existing County permits. Lie staled that one
area of the financing terns remains in confusion, i.e., Section 15.2, which the developer
initially thought was acceptable, however, upon seeking financing, he has diiscovered that
lenders are very resistant to the provision which restricts the use of proceeds from any
mortgage financing to be used in Palm Springs; that the developer has asked that (lie section
be deleted; and that a similar provision was included in the Shadowrock agreement, but was ,
ultimately deleted from the Canyon Project development agreedment.
Mayor pro tem declared the hearing opened.
Fred Noble provided an historic overview leading to the annexation and the development of
the agreement; that the project has not made any request for financial assistance from the City,
and it requires only nominal services; that he has removed 380 machines and replaced them
with 64 new machines; that if he cannot get financing, there its no agreement at all; that he
thought the agreement was workable, however, east coast capital financiers in loaning funds
take a piece of the equity, and want no resiric(ions on their ability to sell that interest or
Council Minutes
4-20-94, Page 3
1. MUNICIPAL CODE (Continued)
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refinance later and do whatever they wish with the proceeds, which may not be to reinvest it
in Palm Springs for 15 years; that lie felt the Council should require the provision if there had
been concessions or funding by the City, however, that is not the case, rather the project will
produce sales taxes and property tax revenues to the City.
There were no further appearances, and the hearing was closed.
In answer to question by Council, City Attorney staled that the City has no review or approval
rights on transfer of interest, unless Mr. Noble's interest becomes less than 10% of the equity
and 50% of the control.
Mr. Noble also responded that the loans will be very large, and the lenders will require him
to refinance when they feel their interest is worth selling, and they are not interested in a
requirement which freezes their equity and what they do with it.
City Attorney stated that Mr. Noble has been very cooperative in trying to resolve this
situation, and that Mr. Nobel spoke with all types of lenders, and they all seem to have a
problem with the section.
Councilmember Lyons stated that Mr. Noble has been honorable in his efforts, and whoever
holds the money, makes the rules; that money is tight right now, and the Council wants the
project, and it should go along with the request.
Mayor pro tem stated that with a project of this size and the money involved, and she did not
think it would deteriorate and Mr. Noble is not asking for anything from the City, and the
Council should not tell him where to spend his money, rather to take a positive approach to
bring in revenue the community needs.
Councilmember Schlendorf pointed out that(lie agreement is an asset and f nanceable, and she
agreed the development is needed; that she did not have a problem with the developer, rather
being held to onerous situations, and circumstances which could place the developer in a
difficult position and through no fault of his own the project could foreclose, and the City end
up with no project; that she was concerned for the entire community, and did not feel it was
telling Mr. Noble how to rum his business, and she sees the project as a positive for the City
and hoped neither got caught in the tailend which has risks, and she felt the discussion was
necessary to fully explore the risk and to recognize that there is a risk being taken.
Councilmember Hodges stated that she did not have a problem deleting the section, and that
it has been done before.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
APPROVING THE NOBLE DEVELOPMENT AGREEMENT,ADDING SECTION
9408.07 ENTITLED"NOBLE DEVELOPMENT AG REEM ENT"TO THE ZONING
ORDINANCE DESIGNATING PROPERTY AS BEING SUBJECT TO THE NOBLE
DEVELOPMENT AGREEMENT (DESIGNATED DA3) WHICH PROPERTY IS
GENERALLY LOCATED IN THE VICINITY OF THE WHITEWATER,GARNET
AND NORTH PALM SPRINGS COMMUNITIES.
It was moved by Hodges, seconded by Lyons,and unanimously carried, Maryanov absent, that
Section 15.2 of the agreement be deleted, that further reading of the ordinance be waived, and
that the Ordinance be introduced for first reading.
' PUBLIC COMMENTS:
�� Ly Council Minutes
4-20-94, Page 4
a) The following persons spoke on matters not related to an agenda item:
Frank Coffey and Florence Coffey each spoke concerning the Airport FAR 150 Noise
study and environmental impact report. Mr. Coffey submitted several pages of
information, a copy of which is on file with the City Clerk, emphasizing that the
study indicates that the noise level is in excess of 65 CNEL near Vista Chino and
Sunrise, and he questioned the impact at Farrell and Vista Chino, which is nearer the '
Airport. He also read a paragraph of a letter from the Director of Aviation to him,
dated January 20, 1994, and stated that unrestricted non-stop Flights must be carefully
considered prior to making changes in the existing policies. Mrs. Coffey reminded
the public as to the date of the hearings scheduled to receive oral and written
testimony. Note: Mr. Coffey also spoke at the end of the meeting concerning the
definition of "unrestricted" and that he would like to be involved in the; discussions
with the airlines on this subject.
Gary Bosworth concerning a parking ticket for handicap parking space.
Evan Morgan concerning possible reductions in service at the Library,and asking that
alternative solutions to cutting hours be found.
Jim Miller concerning the rail station site, and his offer to donate land for that
purpose in a more suitable area near Gene Autry and I-10
Ron Cole, R&C Express concerning regulation of taxicabs at the Airport, and
potential revenue source to the City rather than to Sunliine.
Bill Wilder concerning possible cuts in roofing inspectors in the Building Department,
urged that the inspectors are needed, and eliminating the service will result in "fly-by-
night" roofers in the community, and the inspection is needed for the welfare of the
community.
Eric Meeks concerning Villagefest policies and his request to the Human Rights ,
Conunission to look into censorship and discrimination by Villagefest.
Darrell Meeks concerning Villagefest Committee and its lack of cornpliauce with the
Brown Act, which he understood the City Attorney to :have said that the committee
was subject to the Act, and that there has not been a quorum of the committee, nor
a posting of an agenda; that he was ordered not to campaign from his booth, unless
he secured another booth; and he questioned if the Council was aware of a $10 non-
refundable application fee, whether the committee is subject to the Brown Act, when
the committee member's terms expire, and why two members of the conunittee were
making all of the decisions, and not the a conmuttee of citizens at large, as to what
is sold at Villagefest.
Fred Ebeling stated that Villagefest is run from the perspective of creating traffic and
interest downtown and not to conflict with storeowners and vendors; and that he did
not favor giving a Villagefest vendor preference over a non-vendor in terms of
political campaign space, and everyone should be able to use it in the same manner.
He also favored building the rail station in increments to meet minimum Amtrak
standards, to determine how many people will be served.
John Connell stated that he has served two years on the. Villagefest Commniltee; that
other members have been "scared off"; that lie talked with the City .Attorney and
others and found it is not governed by the Brown .Act; that if someone thinks
something is wrong, they should call the appropriate department head, and get
involved in a positive manner. '
b) The following persons spoke concerning Item 3:
Herb Bumbaum, ]President of Desert Political Action, asked the Council to lake an
opposing position on the statewide rent initiative. (085-
001)
Betty Tuminello, Parkview Estates, stated that the correct title of the initiative is,
"Mobilehome Rent Assistance, Mobilehome Rent Control Restriction Initiative," Ord
submitted materials concerning it.
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Council Minutes o1
4-20-94, Page 5
c) The following persons spoke concerning Item 4:
Craig Prater, Film Festival, explained that $71,000 of debt incurred over five year
period was repaid this year; that the Festival staff has been reduced to one person that
sponsors have been secured for the next festival, and he is working for a special (050-
event, and that the schedule of payments is crucial as it allows soliciting and securing 010)
sponsors; that the event received a 45 million readership in press this year, around
the world, and he asked that the revised payment schedule be approved.
The following persons also encouraged the approval, and spoke in support of the
festival and the benefits it brings to [lie community:
Cameron Smith, Fiscal Officer for the Festival
Buzz Stucy (?) general manager for Telecon, a major sponsor of the Festival.
Mark Palmer, Palm Designs, a sponsor.
Rich Supple, a supporter of the festival.
LEGISLATIVE ACTION:
3. MOBILEHOME FAIRNESS & RENTAL ASSISTANCE ACT
Recommendation: That the Council consider whether to declare its opposition to a statewide
initiative to place the above act oil the ballot, because of its misleading title and its effect on
stale and local rent control ordinances.
Assistant City Manager reviewed his report, adding that the Council had requested this matter
come on the agenda.
Councilmember Hodges stated that she thought it was important for the Council to take a stand (085-
against the petition. 001)
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Councilmcmber Schlendorf agreed, and staled that it is especially important for Palm Springs
when there is agreement that rent control should be on mobilehomes, and that the slate should
not decide what is best for this cotmnunity.
City Attorney stated that he understood that the initiative was intended to apply to all cities in
the state.
Resolution 18370 opposing the initiative,was presented; after which, it was moved by Hodges,
seconded by Lyons, and unanimously carried, Maryanov absent, that R18370 be adopted.
4. P.S. FILM FESTIVAL
Recommendation: That the Council consider request of the film festival for a rescheduling of
the repayment of the City loan (balance due of$60,000).
City Manager reported that the payments are August, December and April, based oil
satisfactory audit; that the schedule was met for the 1993, and for 1994 event the second
payment was not made and the request is that the City reduce its contribution in August by
$10,000 and in December by $50,000. (050-
010)
Councilmember Lyons stated that two council members encumbered the city for $750,000,
and if that subsidy were removed, the Festival would have lost $75,000 this year; that he did
not think it brings in anything in the way of TOT or sales tax, both of which were either flat
or decreased; that regardless of the funding formula, he would like to the event a big success,
but he did not think it has been a big success, and a decision should be made as to its purpose
revenue, or being an "artie community."
Councilmember Sclilendorf stated that to reach 45 million people in printed advertising, it
would take 640 top magazines, at a ratio of$20 per 1,000 readers, and even a$15:1,000 ratio
would mean $450,000-600,000 for that kind of advertising; that the festival was also covered
by the national and international news broadcasts; and that she fell the film festival encouraged
the German investors, who were in[lie film industry, to proceed with the P.S. Classic project;
and that the festival brings a higher credibility to the type of resort the community wants to
encourage, and if the City did not see a direct return on the loan, it would still have been a
good investment.
n i w, Council Minutes
4-20-94, Page 6
4. P.S. FILM FESTIVAL(Continued)
Mayor pro tem stated that if the City codes not support it, it will become another down valley
event.
Councilmember Hodges agreed, and added that she did not vote for the festival over the years
because she did not think the Council should contribute the amount that was necessary; ,
however, the City has the commitment and the contribution needs to be paid, and the
repayment schedule does not result in any loss to the City, rather City funds will be held
against next year's contribution, and she did not think it was the Cnuncil's job to classify what
the festival is. She added that she felt the festival means a lot to the local residents, as well
as nationally and internationally, and should not be looked at only from a tourist point of
view.
Minute Order 5346 approving rescheduling as recommended, was presented; after which, it
was moved by Schlendorf, seconded by Hodges, and carried by the following, vote, that
MO5346 be adopted:
AYES: Hodges, Schlendorf&Reller-Spurgin
NO: Lyons
ABSENT: Maryanov
5. PD 205 - SUITT
Recommendation: That the Council approve a two-,year time extension for PD 205, for a retail
center on the NW corner of Sunrise and Tahquitz, to expire April 15, 1996. (116-
072 )
Director of Planning & Zoning highlighted his report.
Resolution 18371 as recommended, was presented; after which, it was moved by Hodges,
seconded by Schlendorf, and unanimously carried, Maryanov absent, that R18371 be adopted.
6. P.S. HEALTHY CITY PROJECT
Recommendation: That the Council support involvement in the above program, designating
the Director of Economic Development as a liaison between the City and the P.S. Healthy City
Project, and direct staff to gain community consensus as to what direction the City's first
healthy city project should be geared.
City Manager highlighted his report; and responded to question by Council that this provides
a staff liaison as well as the Council representation.
Resolution 18372 as recommended was presented; after which, it was moved by Schlendorf,
seconded by Hodges, and unanimously carried, Maryanov absent, that R18372 be adopted.
7. 1994 WWTP REFUNDING CERTIFICATES OF PARTICIPATION
Recommendation: That the Council approve a transfer of$587,0D0 from the Capital Projects
Fund to the General Fund, available because of the redemption of the 1984 Wastewater
Treatment Plant Certificates of Participation, and the freeing up of the remaining reserve fund. 03'i)
City Manager highlighted the memorandum of Director of Finance, and no further report was
given.
Resolution 18373 as recommended, was presented; after which, it was moved by Schlendorf,
seconded by Hodges, and unanimously carried, Maryanov absent, that R18373 The adopted.
ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirements; materials at meeting) '
8A BUDGET AMENDMENT - GIC EXPANSION DEBT SERVICE, WASTEWATER
TREATMENT PLANT FUND LOAN
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Recommendation: That the Council amend the budget to appropriate $419,000 from the
Wastewater Treatment Plant Fund to the Golf Course Fund in order to make golf course (061—
revenue available for the May 1994 debt service fee for the Golf Course expansion project. 015)
Council Minutes
4-20-94, Page 7
8. BUDGET AMENDMENT (Continued)
In answer to question by Council, Director of Public Works stated that it would not be known
until the next bidding process whether the overall budget will be deficient to complete the
course, and if that occurs, some of the things planted for the expansion will have to be
reconsidered; and that he recalled the comment that the loan would be repaid either through
existing funds for the expansion or through revenues from the course. I-Ie also stated that the
bids thus far have included various alternatives, and not all will be accomplished, or have to
be paid for.
Director of Finance stated that the debt service payment is due by May 1, 1994, and is an
appropriate expenditure from the Golf Course Fund, however, there is insufficient funds to
cover the debt; and that there are a number of items that could be deferred in the expansion
project, e.g., improvements to the existing course and land acquisition.
Councilmember Schlendorf stated that the staff report was erroneous in that the Council was
told that cutbacks would be needed because funds were not in place as expected, and the
Council is now being told that there will be surpluses or savings from the new golf course,and
she considered it an insult to the Council; that the Council is trying to remain credible with the
public as to the city's financial condition; and that the action is to cover the payment which
must be made, through borrowed funds from the Treatment Plant, and hopefully to be repaid.
Councilmember Hodges requested a recap of the Wastewater Treatment Plant Fund,noting that
it has become a "bank".
Resolution 18374 amending the budget as recommended, was presented; after which, it was
moved by Schlendorf, seconded by Hodges, and unanimously carried, Maryanov absent, that
RI8374 be adopted.
CONSENT AGENDA:
9. MO 5347 and 5348 canceling FAA lease for Visual Approach Slope Indicators(VASI)Runway
12, and approving two new Airport land leases be approved for VASI on Runway 31L and (051-
31R, which serve as an essential airport lighting facility in the terminal area navigational aid 013)
system, Al183, 3369 and 3370, respectively.
10. MO 5349 approving an agreement with RCFCD for construction of Storm Line 34 on Ramon
Road to relieve flooding of Ramon Road, CP91-29, funded through Flood Control District (088-
Zone 6, and development mitigation fees (no General Funds). A3371. 004)
11. See Item 15
12. Res 18375 approving final Parcel Map 27912 to divide property on the east side of Gene Autry
Trail,between Vista Chino and Mission Drive(P.S.Inter-Continenhd Golf Center Enterprises, (119—
Ltd., and AEC Limited Partnership), Sections 7 and 18. 001)
13. MO 5350 awarding purchase of a 4-wheel drive utility vehicle for use as security vehicle at (084-
the Airport, to Fairview Ford Sales,Inc., for$21,761.19, to replace existing unit which is no 010)
longer economically maintained.
14. Res 18376, 18377 and 18378 approving Payroll Warrants and Claims &Demands. (086)
It was moved by Schlendorf,seconded by Hodges,and unanimously carried,Maryanov absent,
that MO5347 through 5350 and Resolutions 18375 through 18378 be adopted; Reller-Spurgin
abstained on Warrant Nos. 885229 & 885647.
Council Minutes
n i (n 4-20-94, Page 8
15. BUDGET AMENDMENT - AIRPORT GRANT
Recommendation: That the Council amend the budget to appropriate $277,412 from the
Airport Fund for the first allocation of its nmtch for an estimated$9.159 nhillion federal grant,
overall match to be funded over twee fiscal years.
In answer to question by Council, Director of Aviation staled that it is not too early to approve (061- ,
the match, although the grant may, be paid in phases. 015)
Resolution 18379 amending the budget as reconhmended, was presented; after which, it was
moved by Hodges, seconded by Schlendorf, and unanimously carried, Maryanov abstaining,
that R18379 be adopted.
ADDED STARTERS: (Determine eligibility for consideration) - None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
a) Councilmember Schlendorf provided all update on Sardine Transit activity.
b) Councilmember Lyons provided an update on the airline task force activity, i.e.,
regarding American Airlines.
c) Councilmember Hodges provided a detailed report on the meetings and discussions
with elected officials and agencies in Washington, D.C., attended by she, the City
Manager and the Director of Aviation.
PUBLIC reports & requests
a) Frank Coffey (see above Public Comments) '
b) Eric Meeks connnented concerning VillageFest, and a desire to be proactive and
involved.
STAFF reports & requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting ad.journed to May 11, 1994, at
the P.S. High School Library to meet in joint study session with the Human Rights
Conmhission, conunencing at 6:30 p.m.
JUDITH SUMICH
City Clerk
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