HomeMy WebLinkAbout12/18/1985 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES '
t.., f
DECEMBER 18, 1985
A Regular Meeting of the City Council of the City of Palm Springs,
was called to order by Mayor Bogert, in the Council Chamber, 3200
Tahquitz-McCallum Way, on Wednesday, December 18, 1985, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Birer, Foster, Maryanov, Smith
and Mayor Bogert
Absent: None
The meeting was opened with the salute to the Flag and a moment of
silence.
COMMUNITY REDEVELOPMENT AGENCY: Mayor also convened the Community
Redevelopment Agency for the purpose of conducting a joint public
hearing regarding the Highland-Gateway Redevelopment -Project,
thereafter adjourned the Council to remain in session as the
Redevelopment Agency; and then reconvened as the City Council .
1 . JOINT PUBLIC HEARING:
PA7 - Highland-Gateway. Consideration of PAC recommendation
to remove power of eminent domain from Desert Highland and
Gateway Estates Tracts ; and for same to remain in full force
and effect for the remainder of the project area. See CRA
Minutes this date for details.
(124)
Res 15734 adopting a map of areas exempt from eminent domain
for inclusion in the redevelopment plan, was presented; after
which, it was moved by Birer, seconded by Foster, and
unanimously carried, Smith abstaining, that Resolution 15734
be adopted.
City Clerk read title of Ordinance, as follows:
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
REDEVELOPMENT PLAN FOR THE HIGHLAND-GATEWAY REDEVELOPMENT
PROJECT.
It was moved by Foster, seconded by Birer, and unanimously
carried, Smith abstaining, that further reading be waived,
and the Ordinance be introduced for first reading.
HOUSING AUTHORITY: Mayor declared the meeting adjourned for the
purpose of convening as the Housing Authority.
APPROVAL OF MINUTES:
It was moved by Foster, seconded by Birer, and unanimously
carried, that the Minutes of October 22, 30, & November 20,
1985 be approved.
COUNCIL COMMENTS - None
PUBLIC HEARINGS:
r; r" tf
c_,? /
Council Minutes
12-18-85 Page 2
2. TPM 20943
Recommendation: That the Council require preparation of
an EIR (baseline study) in conjunction with the review of
a parcel map prepared to facilitate detachment of a portion
of Palm Hills, Section 5 (Cathedral Coves L.td - aka Coble) .
Planning Director reported that the map was submitted
originally as document to determine detachment of a portion
of the City; that a baseline study would address general
environmental issues, delineated in report of Director of
Community Development, dated December 18, 1985; and stated
that the Planning Commission was split on the recommendation,
and to avoid time delay, matter was brought to the Council
for determination ; that the Palm Hills Plan requires extreme (137)
environmental review prior to decision; that the area in
question comprises approximately one square mile; and that
no specific development proposal was submitted. He stated
that the study would be a short form, but not inexpensive;
that the Commission had considered alternative actions,
including denial of the map; and that the developer wants
to explore development with the Council , without developing
a specific plan.
Mayor declared the hearing opened.
John Stewart, Pres. of CV Auduban, spoke in support of
recommendations of the Planning Commission and staff; and
stated that a portion of the area is known to be a lamb area
for the Big Horn Sheep.
Gary Gray, Sierra Club, San Gorgonio Chapter, also spoke
in favor of the baseline study, and submitted prepared
statement, copy of which is on file with the City Clerk.
There were no further appearances, and the hearing was closed.
Councilman Foster stated that it should he clear the Council
is not committing to a particular project.
Councilman Maryanov agreed that it should be clear to the
developer that Council has questions and he should give
consideration as to the viability of his project, and not
come back later believing approval is in hand.
Councilman Birer stated that the area appears more properly
in Cathedral City, and services that would be provided should
also be looked at.
Planning Director stated that applicant has not indicated
a pursuance with Cathedral City, but claimed to have been
rebuffed, because re-application could only be made after
one year following denial of pre-zoning; that the developer
is trying to keep options open; and the issue of services
is one to be addressed.
Councilman Smith stated that the area is in the City, and
some consideration must be given; and ilf the developer is
willing to pay the cost of the study, in the long-run it
may be useful also to Cathedral City.
Resolution 15735, calling for the EIR baseline study, as
recommended, was presented ; after which, it was moved by
Birer, seconded by Smith, and unanimously carried, that
Resolution 15735 be adopted.
Council Minutes t.� ,
12-18-85 Page 3 501
3. BUSINESS LICENSE TAX REFUND APPEAL
Consideration of appeal from denial of Business License
Collector for refund of Business License tares paid over
the last two years. Report reviewed by City Attorney,
indicating basis on which denial of the request for refund
was based.
Mayor declared the hearing opened.
Harold Waite, appellant, stated that he paid the tax for
the past two years, and believes it is greater than most
taxes; that he . took exception to the applicability of the
Municipal Code, in that it is erroneous to interpret a taxi
and limousine to be the same definition; that he holds a
"party charter carrier" license under the PUC and is tax
deregulated under PUC and ICC; that he pays a tax through (64)
Airport operations ; that the City Attorney's definition from
the California Vehicle Code is taken out of context, since
it should have included charter party carrier; that under
his PUC license 'he cannot affix to the vehicle, lights and
other items such as taxicabs do, nor are taxicabs taxed by
the PUC; and his contention that the Business License is
not properly applied to him.
There were no further appearances, and the hearing was closed.
City Attorney stated that the statement is not being made
that taxicabs and limousines are the same, but that the
Municipal Code applies equally to both, and has been the
interpretation of the License Collector for at least fifteen
years.
It was the consensus of the Council that this area should
be one which is looked at during the overall review of the
Business License Ordinance; that since it has been construed
to apply for many years, it would be inconsistent to say
it does not in this case; and that the intent of the Ordinance
is to charge a tax to all businesses doing business in Palm
Springs.
It was moved by Birer, seconded by Maryanov, and unanimously
carried, that the appeal be denied, with understanding that
the ordinance will be reviewed.
PUBLIC COMMENTS:
a) Bruce Corwin, President of Metropolitan Theaters, spoke
in support of agreement with the P.S. Angels to use Angels
Stadium, and stated that 70 games would be played here (115)
during the summer; that approval has been received from
the California League, the California Angels ; the City
of Rhoner, California; and that the team would be a Minor
League team. He stated that there would be 11 exhibition
games with the California Angels, field improvements
made, electronic scoreboard and dugout improvements also.
r ;
Council Minutes
12-18-85 Page 4
b) Jim Stuart, 155 W. Hermosa, spoke in favor of placing
measure on the ballot to provide a four year term of
office for Mayor.
c) Diane Marantz, #6 Palomino, stated that RVs were parking
at Sunrise Plaza, and not enforced over the weekend.
City Manager stated that it would be checked against
the Council ' s policy. Council requested policy be reviewed
at future study session.
LEGISLATIVE ACTION:
4. AIRPORT EMERGENCY OVERFLOW PARKING
Recommendation: That the Council declare emergency parking
at the Airport .and approve a temporary parking area south
of the service station; waive formal budding requirements ;
and authorize negotiating a purchase order contract with (151 )
Massey Sand & Rock to perform the required work.
Report reviewed by Director of Transportation & Energy, who
stated that parking fee would be collected upon entry, rather
than exit; that vehicles would be "tagged" in some fashion
to determine length of stay; that security officers will
include area in normal rounds ; and that procedures will be
developed for extending length of stay.
MO 3669 authorizing actions recommended, was presented; after
which, it was moved by Foster, seconded by Smith, and
unanimously carried, that Minute Order 3669 be adopted.
5. COMPREHENSIVE FEE SCHEDULE AMENDMENT - BUILDINGI INSPECTION FEES
Recommendation: That the Council amend) the Comprehensive
Fee Schedule to reflect a 17% increase in building inspection
related fees.
Acting Building & Safety Director reported that rather than
the projected 15% increase in fees in the 1985 UBC, Fees (114)
have been deleted from the code; that a 17% increase is
recommended which will recover all costs:; that the schedule
was modified to allow a percentage of evaluation, and develop
fee comparable to what collected, but saves staff time in
computation, although the dollar fee remained in some
instances ; and that fire inspection and plan check related
to new construction is also built into the schedule.
Resolution 15736 amending the fee schedule, was presented;
after which, it was moved by Foster, seconded by Birer, and
unanimously carried, that Resolution 15736 be adopted.
;r s.
_. .�, r
Council Minutes
12-18-85 Page 5
6. GENERAL MUNICIPAL ELECTION, 1986
Recommendation: That the Council adopt actions to call and
give notice of the 1986 General Municipal Election, and other
related matters ; and direct that a measure be placed on said
ballot relative to the term of office of Mayor. Reports (83)
reviewed by City Clerk.
Resolutions 15737 through 15739 and Minute Order 3670,
providing actions relative to the election, including placing
the measure on the ballot and designating all members of
the Council to sign primary and rebuttal arguments, were
presented; after which, it was moved by Smith, seconded by
Birer, and unanimously carried, that Resolutions 15737 through
15739 and Minute Order 3670 be adopted.
7. AIRPORT - BAGGAGE CLAIM AREA DESIGN CONTRACT
Recommendation: That the Council clarify design contract
with Donald Wexler to indicate an expected construction cost
of $450,000 for the baggage claim remodelling.
Director of Transportation & Energy reviewed his report,
and stated that the action would mesh with the future plans (51 )
for the Airport relative to the Master Plan; that the action
clarifies that the project costs would not exceed $450,000,
of which Wexler would receive fee based on 10%; that everything
possible would be done to reduce the costs ; that meetings
will be scheduled to consider some of the design concepts ;
that the Council approved the Wexler contract in October,
which was a negotiated price from the architect's typical
12% to 10%; that the cost of air conditioning is charged
back to the Airlines, through rents ; and the primary reason
for the project is to move the car rental facilities into
the baggage claim area, which is not possible without enclosing
the area.
MO 3671 clarifying contract, as recommended, was presented;
after which, it was moved by Smith, seconded by Birer, and
carried, Foster voting No, that Minute Order 3671 be adopted.
A7. ZTA 5.0383 (Ord Intro. 12-4-85)
City Clerk read title of Ord 1254, amending the Zoning
Ordinance relative to parking for shopping centers ; CUP
requirement for food service in CON; and limi ',ed expansion
of non-conforming structures ; after which, it was moved by (103)
Birer, seconded by Foster, and unanimously carried, Smith
abstaining, that further reading be waived, and Ordinance
1254 be adopted.
CONSENT AGENDA:
8. Res 15740 amending the budget to appropriate $6,675 to purchase (61 )
8,000 gallons of diesel fuel for emergency generator at the
Police Department.
9. Res 15741 amending the budget to appropriate $30,000 to provide (61 )
additional funds for legal fees and contractual services.
10. MO 3672 approving Change Order #9 (Final Change Order) to increase (52)
contract with Kiewit Pacific Company, by $87,635. 12 - Agr 2043.
11 . Res 15742 approving housing criteria for use by staff in (85)
prioritizing requests from prospective housing developers, for
financial and other assistance.
Council Minutes
12-18-85 Page 6
12. Res 15743 approving various minor changes to the Fringed Toed (1P3)
Lizard Habitat Conservation Plan (FTLHCP) .
13. Res 15744 amending Res. 11302 and 14764 to alter certain parking (105)
restrictions for the curbs across 333 and 340 N. Palm Canon.
14. Motion concurring in CRA Resolutions 360 'through Resolutions (124)
adopted this date.
15. MO 3673 authorizing City Manager to enter into 3-year lease
agreement for two 12' x 40' mobile office structures for temporary (51 )
Airport office space; to be sublet to the airlines.
16. Res 15745 amending street name from Camino 8ombero to Aviation
Way, located between E1 Cielo and Civic. (135)
17. Res 15746 and 15747 approving Payroll Warrants & Claims & Demands. (86)
18. Res 15748 and 15749 accepting repayment of $135,000 for loans
to the CRA, per Res. 15363, reducing balance to $465,000; and (61 )
authorizing loan of $135,000, at 9% interest, to CRA for Agency
costs related to the Renaissance Hotel (PA6) - See CRA Item
# 3 this date.
19. Res 15750 amending current loans to the CRA to provide for annual
loan payments and capitalization of same - See CRA Item # 4 (124)
this date.
20. Res 15751 approving loan to the CRA in amount of $230,000 to
acquire property in Section 14 relative to proposed fire station; (61 )
and Resolutions 15752 and 15752-A amending the budget to
appropriate said amount, and to delete the appropriation from
the Capital Projects Fund in-lieu of the loan to the Agency
- See CRA Item # 5 this date.
It was moved by Foster, seconded by Maryanov, and unanimously
carried, that Resolutions 15740 through 15752••A and Minute Orders
3672 through 3673 be adopted.
21 . AIRPORT - AIP 04
Recommendation: That the Council approve Amendment #1 to
Grant Agreement for AIP-04, in amount of $395,404, to increase (51 )
the maximum obligation of the FAA to $4,825,233. Report
highlighted by Director of Transportation & Energy.
Resolution 15753, approving the amendment, was presented;
after which, it was moved by Foster, seconded by Smith, and
unanimously carried, that Resolution 15753 Ibe adopted.
22. TRAFFIC SIGNALS - FETSIM GRANT
Recommendation: That the Council authorize filing grant
application for California Energy Commission' s Fuel Efficient
Traffic Signal Management Program (FETSIM) funds, in amount
of $13,720, to target traffic control systems currently (130)
coordinated by implementing multiple timing) plans.
Resolution 15754, authorizing filing grant application, was
presented; after which, it was moved by Foster, seconded
by Maryanov, and unanimously carried, that Resolution 15754
be adopted.
Council Minutes
12-18-85 Page 7 4 511
23. P.S. ANGELS BASEBALL CLUB
Recommendation: That the Council approve a use agreement
with the Palm Springs Angels Baseball Club, a minor league
team, for use of Angel Stadium, for one season commencing
April 11 , 1986 through mid-September, 1986, with four one (115)
year options.
Director of Community Development reviewed his report, dated
December 18, 1985, and stated that the team was purchased
from Rhoner Park, California (formerly Redwood Pioneers) ,
by Mr. Corwin ; that use agreement provides the team will
play approximately 70 games, after the California Angels
move to Anaheim, for evening play; provide security and parking
personnel at its expense; pay lighting costs, infield
preparation ; provide discount rates for children and seniors ;
and pay in advance $6,000 as partial rental payment. He
stated that the City will maintain the field and stadium
in its normal manner, furnish utilities, and allow the Club
the right to concessions and advertising at the stadium.
Minute Order 3674, approving the agreement (No. 2274) as
recommended, was presented ; after which, it was moved by
Smith, seconded by Maryanov, and unanimously carried, that
Minute Order 3674 be adopted.
24. CONVENTION CENTER FINANCING
Recommendation: That the Council approve an Insurance Purchase
Agreement with United States Fidelity and Guaranty Company
(USF&G) to purchase a financial guaranty bond to insure
payments of principal and interest on the Convention Center
Certificates of Participation as each payment becomes due.
Economic Development & Housing Director repor'',ed that the
structure has been reviewed by bond counsel and bond
underwriters, and approval is recommended; that the term
of the bond is 25 years ; and that certain amendments are (139)
needed to various documents to incorporate appropriate
references. He recommended that the agreement; be approved
by Resolution 15755, to be prepared by legal counsel .
It was moved by Birer, seconded by Foster, and unanimously
carried, MaryanoV and Smith abstaining, that Resolution 15755,
approving insurance purchase agreement, be adopted.
REPORTS & REQUESTS:
25. DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Annual Redevelopment Agency Report to the Council , 1984-85 (121 )
26. CITY COUNCIL
a) Requested status of traffic signal coordination.
b) Reported that Museum request for banner will be part
of January 8, 1986 review.
27. PUBLIC reports or requests - None
28. STAFF reports or requests - None
ADJOURNMENT
There being no further business at 10:55 p.m. , Mayor declared
the meeting adjourned to Thursday, December 19, 1985, at
7:30 p.m. , in the Large Conferer7 o City roll .
t' JUDITH SU1061—I
City Clerk