HomeMy WebLinkAbout3/18/1987 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
MARCH 18, 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, March 18, 1987, at 3 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 March 11, 1987, in
accordance with established policy; and that unanimous approval
was given at the study session to the addition of Item 15.
COMMUNITY REDEVELOPMENT AGENCY: No business
APPROVAL OF MINUTES:
It was moved by Foster, seconded by Birer, and unanimously
carried, that the Minutes of March 4, 1987 be approved.
PUBLIC HEARINGS:
1. PUBLIC NUISANCE ABATEMENT - SUNRISE RACQUET CLUB ESTATES
Consideration of appeal by Sunrise Racquet Club Owners Associa-
tion, from posting as a public nuisance the bicycle path
and sidewalk uplifted by trees along the west side of Sunrise
' Racquet Club development.
Director of Community Development reported that the uplifted
sidewalk creates a dangerous situation, and is within the
open areas required under the CC&Rs for the project to be
maintained by the owners; that the area has been maintained (57)
since the project was built in the early 1970s; that the
sidewalk is included, even though a public easement to it
was given to the City.
Mayor declared the hearing opened.
Arthur Schwartz, President of the Association, stated that
the setback area was dedicated to the City prior 'to the project
being built, and the City has maintained the landscaping
since the 1970s; that the Association advised the City last
year about the condition of the sidewalk, and was informed
that the maintenance was the responsibility of the City,
and the matter would be taken care of; that anallher letter
was sent in May, 1985, and no further response was received
from the City until the public nuisance notice was posted
in January, .1987; that their- opinion is the sidewalk is for
the general public, and the City should maintain it, and
if it is determined that the Association must make the repair,
they are concerned that the long-term solution would mean
' the removal of the tree, and approval of that is required
by the City; and that time should be allowed to provide a
permanent solution.
Council Minutes
�.'Y , 3-18-87 Page 2
I . PUBLIC NUISANCE (Continued)
There being no further appearances, the hearing was closed.
City Manager apologized for any incorrect information the
Association may have received; and stated that the issue
is one of responsibility, and it is, and was, very much the
intent of the City in approving this and other such projects
that all open space maintenance -is a part of the Planning
Commission thinking and the conditions of the project; and
that the issue of tree removal or other alternatives to fore-
stall future imparts can be resolved. He noted that tree
root barriers are now being required.
Director of Community Development stated that the area between
the curb and the wall of the project was not dedicated to
the City; that 12-feet back of the curb is part of the
right-of-way; that the project setback is not all behind
the wall , and the sidewalk and bicycle trail are covered
by a public access easement; and that staff can work with
the owners as to whether the tree must be removed.
Mr. Schwartz stated that they are prepared to proceed, but
require more than 40 days, in order to secure bids and proceed
in the most efficient manner to avoid a recurrence of the
problem in the future.
In answer to question by Council , City Attorney stated that
regardless of whose land it is, or if conditions were in
place, the obligation of paying for the repair is that of
the property owner, and trip-and-fall liability is on the
City; that a 3/4 inch or more separation is considered a
hazard, and some type of barrier should be provided; and ,
that Council may wish to deny the appeal , but direct the
staff to allow adequate time in which to reasonably handle
the situation.
It was moved by 'Foster, seconded by Birer, and unanimously
carried, that the appeal be denied, but that the staff allow
adequate time in which to repair the sidewalk, but not to
exceed sixty days.
2.' DEPARTMENT CONFLICT OF INTEREST CODE AMENDMENT
Recommendation: That the Council approve an amendment to
the Conflict of Interest Code for the General Operations
Department, to reflect changes in two designated position (63)
titles.
City Clerk reported that the required departmental hearing
has been held; there were no appearances; and the proposed
title charges are consistent with previously approved changes
in the Allocated Positions and Compensation Plans, which
combine formerly designated Facilities Manager and Street
Operations Manager, into Streets & Facilities Manager, and
Tire Repair/Parts Clerk into Fleet Operations Storekeeper.
Mayor declared the hearing opened; there being no appearances, '
the hearing was closed.
Minute Order 3886 approving amendment, as recommended, was
presented; after which, it was moved by Birer, seconded by
Apfelbaum, and unanimously carried, that Minute Order 3886
be approved.
Council Minutes
3-18-87 Page 3
PUBLIC COMMENTS:
a) George Goldberg, Palm Springs, commented on +va.ste disposal
service and nonpayment charges placed on has tax bill ,
and stated that he has not paid that amount, and warned
that he would give the City 10 days to correct this;
that the City should disengage from senseless lawsuits;
and should stop spending large sums on meals for employees,
Council avid commission members.
b) Alex Grovue, 1111 E. Alejo Road, read a prepared statement,
a copy of which is on file with the City Clerk, relative (113)
to Easter Week procedures, and his minority report of
the Task Force.
c) Jim Stuart, 1037 Tamarisk, member of the Easter Week
Task Force, stated that the report of the Police Chief
at the last study session accurately reflects the views
of the entire Task Force, with the exception of one member. (113)
He also stated that the Project Area Comiriittee (PA6)
recommended the extension of terms for three years, not
one year, relative to Item 6.
d) Sheila Gratten, 1433 Cerritos Road, stated that the recom-
mendation of the Easter Week Task Force was an outgrowth
of brainstorming sessions, and a refinement of goals, (113)
and a single topic from the brainstorming has been blown
out of scale, and was not voted on by the entire group.
e) Tuck Broich, 1130 Manzanita, urged approval oi' the Police
Chief's proposal , which was approved by the Task Force
by all members except one. He also stated that control
' over cruising will be lost if cars are moved off of Palm (113)
Canyon Drive, and closing of the street from 1 p.m. to
11 p.m. would be adamantly opposed by mercharsts.
LEGISLATIVE ACTION:
3. CONVENTION CENTER - CONSTRUCTION CONTRACT
Consideration of amendment to contract with McDevitt & Street
for construction of the Convention Center.
Matter to be scheduled for next meeting.
4. HUMAN SERVICE FUNDING
Recommendation: That the Council approve a budget policy
to allocate funds for hurnan services on a competitive basis;
and format for submitting Requests for Proposals (R`,=Ps).
(61)
Director of Parks, Recreation & Library stated that the
proposal has been Linder study for the past two years; that
there are four agencies which receive assistance, and the
process would cover them as well as other agencies desiring
Funding, but in total be limited to the amount recommended
in the annual budget - 1987-88 is proposed at $30,000, with
no expected escalation, that the proposal covers the format
for submittal , and criteria for evaluation, which will require
better service in a competitive setting.
It was moved by Smith, seconded by Birer, and unanimously
carried, that the policy as recommended be approved,
Council Minutes
3-18-87 Page 4
5. INFECTIOUS WASTE HAULING
Recommendation: That the Council amend waste disposal rates
and charges to allow Waste Disposal Services to subcontract
for the hauling of infectious waste within the City, and
to establish an administrative charge for such service.
(148)
Director of Transportation & Energy highlighted his report,
and stated that: the administrative charge would cover verifica-
tion by Waste Disposal Services that the subcontractor is
properly licensed, and has the proper permits to carry the
materials.
Resolution 16140, amending Res. 1.5645, as recommended, was
presented; after which, it was moved by Birer, seconded by
Apfelbaum, and unanimously carried, that Resolutions 16140
be adopted.
CONSENT AGENDA:
6. Res 16141 extending the term of the Project Area Committee for
the North Palm Canyon Project Area (PA6) from March 31, 1987 to (124)
March 31, 1988.
7. Res 16142 amending Council Rules of Procedures to change the loca-
tion for posting of the Council agenda, from the City Hall lobby (11.4)
and Library Reference Room to the exterior bulletin board at City
Hall .
8. Res 16143 designating the intersection of Via Miraleste and Paseo
El Mirador as a four-way stop intersection. (136)
9. MO 3887 awarding contract for installation of Corbin master key
locks in a portion of City Hall and the Purchasing/Fleet Operations (11.7) ,
building to Construction Hardware Company, for $8,311.25.
10. MO 3888 awarding contract for removal and replacement of an air
conditioning cooling tower at the Airport Terminal to Thomas Air (51.)
Conditioning Service, Inc:. , for $15,068.66 - Ayr#2406.
11. Res 16144 and 16145 approving Payroll Warrants and Claims & (u)
Demands.
12. MO 3889 approving Change Order 1 (Final ) to contract with San
Diego Concrete Cutting Co. , -for grooving cart paths at the Municipal (92)
Golf Course, for an increase of $5,520 - final contract amount
is $35,000 - CP86-30, Agr #2384.
It was moved by Birer, seconded by Apfelbaum, and unanimously
carried, that Resolutions 36141 through 16145 and Minute
Orders 3887 through 3889 be adopted.
13. EASTER VACATION PERIOD
Recommendation: That the Council appropriate $154,701 to
cover the cost of contractual law enforcement services from
the County Sheriff and California Highway (Patrol during the (1.13)
Easter vacation period; and authorize contracts with each
entity.
i
Council Minutes
3-18-87 Page 5 y
13. EASTER VACATION PERIOD (Continued)
Police Chief stated that the enforcement details for the
Easter Vacation period were discussed at the last study
session, and the recommendation for the additional police
support will provide 30 people from the SheriFf° s. Department,
and 9 people From CNP, commencing April 10 through 18, 1937.
lie stated the subject of portable toilets was a7 so discussed
at the study session, and a contact made this date indicated
one company could provide 20 toilets at $1 ,000 for the week,
and guarantee that four could be secured together to prevent
tipping them over; that he recommended if 'the toilets are
to be obtained, they be placed in five locations, although
he did not believe they will eliminate the problem.
It was the consensus of the Council that the toilets should
be obtained; placed at one location; and further checking
on prices.
Resolution 16146, amending the budget to appropriate $155,701
(additional to cover toilets) , and Minute Orders 3890 and
3891, approving contractual arrangements as recommended,
were presented; after which, it was moved by Apfelbaum,
seconded by hirer, and unanimously carried, that Resolution
16146 and Minute Orders 3890 and 3891 be adopted.
14. ANDREAS COVE COUNTRY CLUB - SPECIFIC PLAN/EIR
Project review and possible action to submit recommendation
to Board of Supervisors.
' City Manager noted that this matter was discussed at the (123)
last study session, and language will be developed and pre-
sented at 'the next meeting.
ADDED STARTERS: (Eligibility for consideration determined by unanimous
vote, upon motion by Bogert, seconded by Apfelbaum)
15. AIRPORT ECONOMIC IMPACT REPORT
Recommendation: That the Council approve agreement with
Foresite West for the preparation of a report of the economic
impact of the Airport on Palm Springs and surrounding communi- (51)
ties, for $19,000, and amend the budget to appropriate $31,000
to cover report and related graphic costs.
Airport Manager reported that 'this matter was reviewed in
detail at the last study session, and noted that only two
proposals were received, from a field of twelve firms
solicited; and that he economic impact model developed by
Cal Trans will be used in the report.
Minute Order 3892, approving Agreement, and Resolution 16147,
amending the budget, as recommended, were presented; after
which, it was moved by Foster, seconded by Smith, and unani-
mously carried, that Minute Order 3892 and Resolution 16147
' be adopted - Agr #2407.
REPORTS & REQUESTS:
16. CITY COUNCIL reports or requests
a) City staff commended by Councilmember Foster regarding
downtown cleanup.
Council Minutes
3-18-87 Page b
17. PUBLIC reports or requests - None
18. STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to a Closed Session, pursuant to Government Code
Section 54956.9(a) , regarding Fairport Construction Co. v.
City of Palm Springs, Indio 34715, and upon reconvening,
declared the meeting adjourned.
JUDITN SUMICN
City Clerk