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HomeMy WebLinkAbout1/7/1987 - MINUTES CITY OF PALM SPRINGS 0 )08, CITY COUNCIL MINUTES JANUARY 7 , 1987 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way on Wednesday, January 7, 1987 at 7:30 p.m. ROLL CALL: Present: Councilmembers Apfelbaum, Birer, Foster, ' Smith and Mayor Bogert Absent: None The meeting was opened with the salute to the Flag and a Moment of Silence. REPORT OF POSTING OF AGENDA: Report of City Clerk: Agenda posted on January 2, 1987, in lobby of City Hall , and Reference Room of Library; and the Council , by unanimous vote, determined at its study session of January 6, that the need for action for the two Added Starters arose subsequent to the posting of the agenda (Items 18 and 19) . COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council . APPROVAL OF MINUTES: It was moved by Foster, seconded by Birer, and unanimously ' carried, that the Minutes of December 3, 9, 11, 15 and 17, 1986, be approved. PUBLIC HEARINGS: None PUBLIC COMMENTS - None LEGISLATIVE ACTION: 1. AIRPORT - PASSENGER SERVICE CENTERS Recommendation: That the Council approve letter proposal from Sanchez Kamps Associates, for two passenger service centers at the Airport, at a design cost of $7,500, plus reimbursement of expenses not to exceed $750, i'or a total not to exceed $8,250. Director of Transportation & Energy reported that this matter was reviewed in detail at the last study session, (51 ) including a revised plan showing the locations which were recommended subsequent to discussion by the Airport Commission and Aesthetic Committee. Minute Order 3856, approving letter Agr 2387, was presented; after which, it was moved by Smith, seconded by Foster, ' and unanimously carried, that Minute Order 3856 be adopted. 1-7-871PageMinutes 2. AIRPORT - SKYWEST MAINTENANCE FACILITY Recommendation: That the Council approve a 50 year lease of a 5 acre parcel to develop a maintenance base, including a hush house; approve deferral of the drainage fee and development tax., in connection therewith, for 5 months; and consent to a sublease between Bird Corporation and Skywest, for temporary use of the Bird hangar for Skywest maintenance purposes. Director, of Transportation & Energy reported that an addi- tional sentence has been added to the agreement to provide that use of the property is limited to aviation; that the Airport Commission at its meeting this date expressed a last minute concern about setting precedence, and compared this matter to the FBO facilities at the Airport, and recommended a 40 year lease, instead of a 50 year lease; (51 ) that the two operations are not the same; and that the parameters within which he negotiated the lease were known to the Commission at the onset of negotiations. He stated that Skywest is agreeable to the 40 year term. In answer to question by Council , Director of Transportation & Energy stated that the FAA was queried about enforcement of the noise provisions of the lease, and responded verbally that it would enforce its regulations concerning civil and other rights if there were a violation by either party, but that in the case of an operational need or program, where both parties entering into the agreement were aware of the enforcement, i .e. , in -this case, the ceasing of operations if the hush house does not meet City noise requirements, it will not intervene. ' MO 3857 approving 40-year lease A2388; NIO 3858 deferring payment of fees and taxes for 5 months; and MO 3859 consenting to sublease, were presented; after which, it was moved by Apfelbaum, seconded by Birer, and carried by the following vote, that Minute Orders 3857 through 3859 be adopted: AYES: Apfelbaum, Birer, Foster & Bogert NO: Smith ABSENT: None 3. FORMER POLICE BUILDING LEASE TO COUNTY Recommendation: That the Council approve a 20 year lease of the former Police Building fronting on Tahquitz-McCallum Way to the County, effective July 1, 1986 - A2389; and approve an agreement for exclusive purchase of thermal (11'7) energy and electricity as part of the monthly lease payment - A2390. Assistant City Manager highlighted his report, and stated that the lease calculates at 71-,¢ triple net, and caps at 9%. Resolution 16086 approving Agreements as recommended, ' was presented; after which, it was moved by Smith, seconded by Birer, and unanimously carried, that Resolution 16086 be adopted. Council Minutes 1-7-87 Page 3 0 4. LANDAU BOULEVARD SPECIFIC PLAN Consideration of Planning Commission recommendation to take no action on the request by Cathedral City for approval of a Specific Plan for Landau Boulevard until details are received. Planning Director highlighted report of Director of Community Development, and reported that this matter was reviewed at the last study session; that the proposal would affect one parcel in Palm Springs, which would require (123) an amendment to the General Plan Street Plan to add Landau Blvd. ; that there are concerns about access points, and how the street would affect the mid-valley expressway; and recommended that the Staff be directed to continue working with Cathedral City, before proceeding with General Plan amendments. It was moved by Birer, seconded by Apfelbaum, and unani- mously carried, that the staff continue working with Cathedral City, as recommended, before proceeding with a General Plan amendment. 5. MUNICIPAL CODE AMENDMENT - SMOKING PROHIBITION IN AIRPORT TERMINAL Recommendation: That the Council prohibit smoking in the public areas of the Airport Terminal Building. Director of Transportation & Energy reported that the Airport was under a Federal mandate to designate smoking ' areas, and during consideration by the Airport Commission, the Surgeon General ' s report about passive smoking was (103) released, and the Commission determined that there should be no smoking in the public areas of the Terminal , including the lobby, ticketing wing, and baggage claim areas; and smokers could utilize the areas designated in the restaurant, bar, open waiting areas and walkways. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 6. 10 OF THE PALM SPRINGS MUNICIPAL CODE, TO PROHIBIT SMOKING IN THE PUBLIC AREAS OF THE PALM SPRINGS MUNICIPAL AIRPORT TERMINAL. It was moved by Foster, seconded by Smith, and unanimously carried, that further reading be waived, and the Ordinance be introduced for first reading. CONSENT AGENDA: 6. Res 16087 amending the Allocated Positions & Compensation Plans to add one Accountant position to the Finance Department; (61 ) and Res 16088 amending the budget to appropriate necessary General Funds, therefore, for the remainder of the fiscal ' year, in the amount of $4,200. 7. MO 3860 awarding contract to J.M. Builders for construction of a community room addition at the Desert Highland Unity (109) Center, in amount of $84,992 - A2391. Council Minutes 0.2'11 1-7-87 Page 4 8. Res 16089 suspending Resolution 14328 which established School (114) Impact Fees, while the State Impact Fee Program is in effect. 9. Res 16090 approving final development plans for Phase II of P.D. 110 - consisting of 83 units between Francis Drive and (116) Racquet Club Road, generally north of Sunrise, Section 2 - Dennis Martin, Cs5.0135. 10. Res 16091 amending the budget to appropriate $150,000 from MVR reserves to purchase a replacement Triple Combination (61 ) Pumper for Unit #117-64. 11. Res 16092 designating the intersection of Tamarisk Road and (130) Via Miraleste as a four-way stop intersection. 12. Res 16093 and Res 16094 approving payment of Claims & Demands. (86) 13. Motion concurring in CRA Res. 453. (1241) 14. Res 16095 establishing expenditure accounts for each of the (86) six drainage areas. 15. Res 16096 approving Amendment No. 9 to the Allocated Positions (61 ) and Compensation Plans for positions in the City service for the 1986-87 fiscal year. It was moved by Apfelbaum, seconded by Foster, and unani- mously carried, that Resolutions 16087 through 16096, Minute Orders 3860, and motion in Item 13, be adopted. 16. COMPREHENSIVE FEE SCHEDULE - SMOKE DETECTOR INSPECTION FEE Recommendation: That the Council amend the Comprehensive , Fee Schedule to add a $20 Smoke Detector Inspection Fee, under the Fire Department category. Councilman Birer stated that the State law does not mandate that the inspection be made, only that the item be in place at the time of closing the sale; that it was his understanding Palm Springs was the only City in the Valley to impose such a fee; that new State laws require a greater deal of disclosure on the part of the broker/seller, and this item could be added to that disclosure; and the City should not compound the problem by placing a further regulation, and there is no assurance that the device will be maintained in the future. Fire Chief stated that Indio also imposes such a fee, but at $25; that he believes it is important that the devices be inspected by trained personnel , to assure that they are properly located and in operating condition, to provide adequate protection. He also stated that the City adopted a local ordinance requiring that operational smoke detectors be installed on resale of any residence, which offered a higher level of protection for the buyer. City Manager stated that whether such a fee will be ' collected in other cities will rest primarily with the County, who provides fire service in those cities, but who generally follows the lead of the cities. (1?1 ?_, Council Minutes 1-7-87 Page 5 16. SMOKE DETECTOR INSPECTION FEE (Continued) Councilman Foster agreed with Mr. Birer, and stated that in his view, the inspection only furthers leading people by the hand in matters they should determine for themselves. Councilman Birer stated that he would like to hear from the Board of Realtors on this matter. It was moved by Foster, seconded by Birer, and unanimously carried, that this matter be tabled. 17. AIRPORT PUBLIC ADDRESS SYSTEM Recommendation: That the Council approve an agreement with Sampson, Randall & Press, Inc. , to develop plans and technical specifications for a new public address system at the Airport, in amount of $23,400 - A2392. Director of Transportation & Energy reported that questions were raised at the last study session related to design responsibility and exceeding estimated costs, and stated that the designer has the same responsibility as any other contractor or architect, and if the specifications do not work, then the City would go after him for correction; (51 ) that Sampson, et al are working in concert with Acromedia, experts in the field of PA systems, with recent experience at LAX, and who do the acoustical aspects, and firms like Sampson do the documentation; and that the agreement can be written to include that only Acromedia will be used. ' He also stated that if the bids come in higher than the estimate ($170,000) , the designer' s cost includes scaling back to within budget. He stated that the Airport Commission requested that this matter be pulled, and other quotes be obtained, however, it is an extremely important issue to the Airlines, many of which were in attendance at the meeting, and that even a two week delay would be too much. He recommended proceeding with the award. Minute Order 3861, approving A2392, as recommended, was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, that Minute Order 3861 be adopted, subject to including reference in the agreement to utilize Acromedia. 18. SUNRISE WAY OVERLAY - CHANGE ORDER NO. 1 Recommendation: That the Council approve Change Order No. 1 to increase agreement with Massey Sand & Rock Co. , by $27,075.71, for work completed on Sunrise Way - CP83-15, A2356. (Need for action determined at last study session, events occurred after posting of agenda) . Report highlighted by Director of Community Development. He also noted that the bikepath portion relates to (136) ' completing a small link missing on the east side of Sunrise, south of Vista Chino. Minute Order 3862, approving the Change Order as recommended, was presented; after which, it was moved by Foster, seconded by Apfelbaum, and unanimously carried, that Minute Order 3862 be adopted. Council Minutes 1-7-87 Page 6 19. GARB OIL TIRE BURNING PLANT Recommendation: That the Council authorize the City Attorney to join in litigation to prevent operation of proposed tire-burning electrical generation plant. (Need for action determined at last study session, information in report received after posting of agenda) . City Attorney stated that the litigation contemplated will start to prevent operation of the plant, if it is successful , but completed details will not be available (123) for awhile; that entering into the litigation is recom- mended, and the extent of monetary participation be deferred for two weeks. It was moved by Birer, seconded by Apfelbaum, and unani- mously carried, that the Council take a position to oppose the plant, authorize the City Attorney to enter litigation; and defer exact amount of monetary participation. REPORTS & REQUESTS: 20. DEPARTMENTAL REPORTS -- Receive & Order Filed a) Treasurer' s Monthly - March-May, 1986 (previously sub- mitted) (121 ) b) Treasurer' s Monthly - July - September, 1986, and September, 1986 Operations Report 21. CITY COUNCIL reports or requests ' Motion was made, seconded and duly carried, that the need for consideration of various appointments by the Mayor occurred after the posting of the agenda, since all contacts (60) had not been completed at that time. It was moved by Birer, seconded by Smith;, and unanimously carried, that the following appointments be approved: Blue Ribbon Budget Committee: (Purpose to study City budget and reporting and accounting systems to determine if improvements can be made) Emmett Connors Paul Madsen Sandy Faber Gary Olsen Ray Sharp Sheila Grattan Don Lawrence David Corkle Dick Shaloub Harry Harris John Sanborn 50th Anniversary Celebration Committee; Dan Johnson Brad Jones (60) Planning Commission> ' Martha Edgmon (unexpired term of Hugh Kaptur) term ending (60) June 30, 1988. Council Minutes 1-7-87 Page 7 22. PUBLIC', reports or requests a) Jeremy Crocker, 330 W. Arenas, commented on timing of past actions taken relative to the auto center, and suggested that whenever possible more time be given for the public to study major measures which are to come before the Council or Agency b) In answer to question by Deyna Hodges, 2122 E. Baristo Road, Councilman Birer stated that he had questioned the City Attorney concerning whether he had a conflict of interest relative to Item 9 above, and the conclusion was that he did have a conflict. c) Mr. Piche, physio-therapist, spoke in opposition prohibiting smoking at the Airport, and stated his opinion that it creates a poor attitude on the part (51 ) of the City towards visitors. 23. STAFF reports or requests - None ADJOURNMENT There being no further business at 8:20 p.m. , Mayor declared the meeting adjourned to Tuesday, January 13, 1987, at 3 p.m. , in the Large Conference Room, City Hall . CL ITH SUMICH City Clerk