HomeMy WebLinkAbout2/4/1987 - MINUTES 7 2:3 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
FEBRUARY 4, 1987
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, February 4, 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 Flag Salute and a Moment of Silence.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted on January 30, 1987,
in lobby of City Hall , and Reference Room of the Library;
and there were no additional items for consideration.
PRESENTATION OF PLAQUE:
Mayor presented plaque to Hugh Kaptur for his service on
the Planning Commission, 1982-1986. (74)
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 Apfelbaum, seconded by Birer, and unanimously
carried, that the Minutes of January 21, 1987 be approved.
PUBLIC HEARINGS: None
PUBLIC COMMENTS:
a) John Stewart, President of Coachella Valley Audubon
Society, stated that he was impressed with the quantity
and quality of the City' s response to the EIR for the
Andreas Cove project, and that the Society is still (123)
opposed to the project, and supports non-destructive
alternatives.
b) Gary Grey, Conservation Chair, Sierra Club local chapter,
also expressed approval to the EIR response, and the
chapter will continue to support a viable park (123)
alternative.
c) Dee Dee Stone, 142 EastLake, urged that the Council
continue to take cognizance of the need to preserve
the therapeutic things of the environment, and to make
sure they are preserved.
d) Deyna Hodges, 2122 E. Baristo Road, expressed favor
to the proposed cultural center project, and questioned
if Councilmember Birer had a conflict because of his
membership on the Bob Hope Cultural Center Board, and (139)
that he leases one of the properties necessary to put -
the project together.
Council Minutes
2-4-87, Page 2 A22,
e) George Goldberg, commented on the loss of the swap meet
(in Cathedral City ?) which will force residents to
go to Indio; the ability of a person to carry a gun
at the Airport, as long as it is not used; and that
the consultant proposed in Item 21 is not a licensed
contractor.
' LEGISLATIVE ACTION:
1. ANDREAS COVE PROJECT
Council review of Andreas Cove Specific Plan and EIR.
City Manager stated that the draft EIR has been circulated
for response to determine if it states the facts, and to
provide opportunity for response thereto; that the project
has the same negative impact on the City which the Council
previously determined, without redeeming positive impact,
i .e. , tax revenue if it remained outside of the City; that
the proponents have stated that the project is substantially
reduced from that which the Council saw about eight months
ago on a similar site configuration, with a substitution (123)
of units for hotel rooms ; that the hotel rooms tend to be
used to a greater extent than the average second-home
condominium; that the project is clearly an urban project,
and one would expect quality urban services, yet police
and fire service could not be provided by the County - not
because of lack of quality, but because the services are
located two cities away, and cannot respond from that
distance; that the pressure would be on the City of Palm
Springs to provide those services; that the question of
' access was discussed at the last study session, and it was
noted that although the Council had wanted the road moved
to the East, the developer had said it could not be done,
but in fact has now done so, creating a very long cul-de-sac
which in turn creates a safety hazard; that the Council
had requested a specific plan, which the County rejected,
but said it would deal with the issue of circulation when
other projects in the area were considered, however, some
right-of-way has been removed by approval of a County
Tentative Tract Map, which prevents future consideration.
He also noted shifts in the development in terms of Murray
Canyon and Andreas Canyon.
Planner Evans highlighted report of Director of Community
Development, dated February 4, 1987, and stated that the
EIR draft has been reviewed by all City Departments affected,
and the response includes concerns about adequacy of the
draft; that the EIR is confusing, and it is hard to follow
one item throughout; that additional alternatives are needed
in terms of setbacks to the canyon mouths, hillsides and
other resources; that concerns were sent to the County last
summer, but not responded to in detail ; that the mitigation
measures are summaries of project design and should give
the decisionmaker assistance and a range of options, and
not simply yes/no in the EIR.
Council Minutes
2 5 2-4-87, Page 3
1. ANDREAS COVE (Continued)
In answer to question by Council , the Planner stated that
the EIR generally refers to specific archaeological sites
of significance, and a recovery program is being discussed
at the State level ; and that a yes/no answer has been
requested in terms of whether those sites are within the
proposed development area, and that an opportunity be given '
to review the final program before it is set.
Councilmember Smith stated that due to a client relationship,
he would abstain from discussion and voting.
Councilmember Foster stated that it would be better to take
a positive approach and try to work with the developer;
that he supported taking more time for review; and would
like to see the project stopped, but believed the final
decision will rest; with the Tribal Council .
Councilman Birer stated that the City should be totally CONT' D
opposed to the project, and he would favor litigation to (123)
stop it; that he did not think the plans had been modified;
and that he wanted to give as much time as possible to help
save the area.
Resolution 16109, recommending to the County that the draft
specific plan and EIR for Andreas Cove be rejected, and
that a new specific plan and EIR be required, was presented;
after which, it was moved by Birer, seconded by Apfelbaum,
and unanimously carried, Smith abstaining, that Resolution
16109 be adopted.
2. CULTURAL CENTER PROJECT '
Recommendation: Discuss and ratify Council position on
expanded mixed-use cultural center concept presented January
27, 1987 by the Palm Springs Performing Arts Center.
Redevelopment Director reviewed his report, and stated that
the City staff thought the City should not become involved (124)
in the fund-raising aspects, and the project should be treated
as any other private project; and he recommended that the
Council find that the proposal is consistent with the
agreement with the cultural center group, and indicate that
the Council still expects a report by September 2, 1987,
Councilmember Birer stated that his assumption is that annual
reports will be filed; that his only concern is the groups
ability to purchase the 5+ acres at the agreed upon price,
and comply with providing annual financial statements and
other supporting documents indicating gradual development
as it proceeds ; that he agreed the City should not get
involved in the economics or other uses; that he favors
the cultural center getting the land, and would consider
it something which will be good for the entire Valley; that
he does not have any conflict with regard to the project;
and that he supported the recommendation.
Councilman Foster stated that he would abstain due to the
appearance of conflict.
It was moved by Birer, seconded by Smith, and unanimously
carried, Foster abstaining, that the Council acknowledges
the proposal as consistent with the agreement with the
Cultural Center of Palm Springs, and directs that it follow
the guidelines established for the purchase of the land.
Council Minutes
2-4-87 Page 4 `
3. REFINANCING CERTIFICATES OF PARTICIPATION
Recommendation: That the Council approve refinancing of
the Public Facilities Corporation 1984 Certificates of
Participation for the Wastewater Treatment Plant expansion
in amount of $20.6 million, and for Cogeneration and new
Police facilities, in amount of $11.8 million, including
review and approval of related documentation.
Matter withdrawn from agenda; to be presented to the Council
at a later date.
4. NON-RESIDENT GOLF CARD POLICY
Recommendation: That the Council approve Community Services
Commission recommended policy to provide issuance of an
annual golf discount card to nonresidents for use at the
Municipal Golf Course, at an annual fee of $200. This matter
was reviewed in detail at the last study session. Director
of Community Services noted that a person would have to (92)
play twenty-five times during an eight month period in order
to have the fee pay for itself.
Minute Order 3867 approving policy, as recommended, was
presented; after which, it was moved by Foster, seconded
by Apfelbaum, and unanimously carried, that Minute Order
3867 be adopted.
5. COMPUTER - FLEET MANAGEMENT SOFTWARE
' Recommendation: That the Council authorize purchase of
a fleet management software program from Uniforce Corporation
in amount of $27,057. This matter was reviewed in detail
at the last study session. Director of General Operations
noted that the total package will cost $45,000, and hardware
purchases will be pursuant to the Purchasing Ordinance. (117)
Minute Order 3868 authorizing purchase as recommended, was
presented; after which, it was moved by Apfelbaum, seconded
by Foster, and unanimously carried, that Minute Order 3868
be adopted.
6. MUNICIPAL CODE AMENDMENT - MOTION PICTURES/COMMERCIAL PHOTOGRAPHY
Recommendation: That the Council amend the Municipal Code
to regulate production of motion pictures and commercial
photography in the City.
(103)
Director of Community Services stated that this matter has
been under consideration for quite some time; and that it
has been reviewed by the State Film Offices, and the local
media.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING TITLE 5 OF THE PALM SPRINGS MUNICIPAL CODE
BY ADDING THERETO CHAPTER 5.76 TO REGULATE PRODUCTION
OF MOTION AND COMMERCIAL STILL PICTURES IN THE CITY.
It was moved by Smith, seconded by Apfelbaum, and unanimously
carried, that further reading be waived, and the Ordinance
be introduced for first reading.
7 Council Minutes
2-4-87, Page 5
7. 50TH ANNIVERSARY CELEBRATION COMMITTEE
Recommendation: That the Council approve Letter of Under-
standing with the Palm Springs Golden Anniversary Committee,
and amend the budget to appropriate $128,603 as seed money.
This item was withdrawn, and to be presented at Adjourned
Meeting February 10, 1987.
8. TRIBAL COUNCIL/CITY COUNCIL LAND USE AGREEMENT SUPPLEMENT
Recommendation: That the Council approve supplement to
the land use agreement with the Tribal Council - Agr 1324.
City Attorney stated that the supplement is a request of
the Solicitor's Office that the agreement conform to certain
federal language required in contracts, although not (103)
apparently meaningful in a contract of this type, including
a fixed termination date. He stated the expiration date
was set at approximately 99 years, although it is still
subject to cancellation upon 30 days notice by either party;
and that approval of the supplement will enable the Secretary
of Interior to sign the agreement, as amended.
Resolution 16110 approving Supplement 2., as recommended,
was presented; after which, it was moved by Smith, seconded
by Foster, and unanimously carried, that Resolution 16110
be adopted.
9. CONVENTION CENTER CONSTRUCTION CONTRACT
Consideration of amendments to construction contract with '
McDevitt & Street, for the Convention Center.
This item was withdrawn, and will be presented at adjourned
meeting February 10.
CONSENT AGENDA:
10. MO 3869 approving Change Order No. 1 to increase agreement (51 )
with Airline Baggage Handling, Inc. , by $7,669, for manually
operated baggage doors - Agr 2323.
11. MO 3870 awarding purchase of annual requirements for trophies (84)
from P. D.Q. Awards, at varying unit prices - first year costs
$10,217.
12. MO 3871 awarding purchase of annual requirements for printing (84)
league tee-shirts, sweatshirts, and jackets from Totally Palm
Springs, Inc. , at varying unit prices - first year costs $9,844.
13. MO 3872 awarding purchase of an 84-inch triplex mower from (84)
B. Hayman Co. , Inc. , in amount of $6,233.86.
14. MO 3873 ratifying emergency purchase of law enforcement hardware (117)
and software from Hewlett-Packard, in amount of $46,716.32.
15. MO 3874 approving participation in County contracts for office (84)
furniture to be purchased from Interior Planning Associates,
in amount of $7,804.41.
Council Minutes
2-4-87, Page 6
16. Res 16111 approving one-year time extension of TTM 20435 for (137)
property on the west side of Via Miraleste, south of Francis
Drive - new expiration date to be January 14, 1988.
17. Res 16112 amending budget to appropriate $10,000 from Reserve
for Parks and Recreation Activities to reimburse Irrigation (61 )
Repair Parts Account.
18. Res 16113 and 16114 approving Payroll Warrants and Claims &
Demands. (86)
19. Res 16115 amending budget to appropriate funds to cover City
Attorney Contractual Services for the remainder of the fiscal (61 )
year.
20. Motion concurring in CRA Res. 453, 454 and 455, previously (124)
adopted.
21. MO 3875 approving agreement with Mathew Sumich to provide land- (109)
scape consulting and training services for the remainder of
the fiscal year, in amount of $13,000 - Agr #2395.
22. Res 16116 approving amendment No. 1 to MOD between MERR and (110)
PEARC to observe Lincoln' s Birthday on February 9, in-lieu
of February 12, 1987.
23. Res 16117 amending Comprehensive Fee Schedule to add Smoke (114)
Detector Inspection Fee in amount of $20.
It was moved by Smith, seconded by Foster, and unanimously
carried, that Resolutions 16111 through 16117 and Minute
Orders 3869 through 3875, and motion in Item 20 above, be
adopted.
REPORTS & REQUESTS:
24. CITY COUNCIL reports or requests
a) Rent Review:
Councilman Birer suggested that a committee comprised
of a mobilehome park and apartment tenant, and a landlord
of a mobilehome park and an apartment, plus the City
Attorney and an attorney representing each of those (85)
groups, be appointed to see if something can be worked
out regarding the two cases which relied upon the hardship
increase guidelines. He also stated that he would not
be adverse to the Rent Review Commission conducting
the proceedings.
City Manager stated that the Commission was appointed
to deal with these type of issues, and perhaps it should
be turned over to it; that the real issue is recognizing
that there will not be total agreement, and accept a
decision.
' City Attorney stated that he could develop language
for either direction, and some additional data can be
provided; and that if the matter is to be discussed
at a future study session or regular meeting, the various
interested groups should be, invited I,o attend.
97 29 Council Minutes
2-4-87, Page 7
a) Rent Review (Continued)
Councilman Smith stated that he opposed any separate
committee addressing the issue; that: the Commission
originally looked at the two cases involved, and made
a decision ; and that the matter should not be reopened.
Councilman Birer stated that his motivation was based (85)
on fact that in two cases, people acted in reliance '
on guidelines which were in place; and that he was willing
to ask for a report from the Commission, within a
reasonable time, looking for a compromise and solution
to the problem.
City Attorney stated that the Commission is the proper
body for referral of the matter; and that it can determine
alternatives, and its choices, after which, the Council
may wish further action.
25. PUBLIC reports or requests
a) Deyna Hodges, 2122 E. Baristo Road, requested that the
City Staff investigate possibility of a 4-way stop at
the intersection of Calle Encilia and Arenas. She also
pointed out that the Rent Review Commission 's decision
was ruled on by the Court.
26. STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting '
adjourned to Tuesday, February 10, 1987, at 3 p.m. , in the
Large Conference Room, City Hall .
'JUDITH SUMrCH
City Clerk