HomeMy WebLinkAbout4/1/1987 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES sa ;
APRIL 1, 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, April 1, 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 AGENDA POSTING: Posted: March 27, 1987 pursuant to Council
policy; no additional items.
PRESENTATION;
Kevin Conner and Tony Marley, member of the Cathedral City
Police Department, presented a citation to Palm Springs Police (74)
Officer Pat Beltz, for his training and assistance in
developing a K-9 Program for the Cathedral City Police
Department.
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 Smith, and unanimously
carried, that the Minutes of March 18, 1987 be approved.
(NOTE: Item 3 was taken out of order at this time; after which,
the Mayor was excused, and the Chair turned over to the Mayor pro
tem. )
PUBLIC HEARINGS:
1. PUBLIC NUISANCE ABATEMENTS - CITY-WIDE
On March 4, 1987, Council received Proceeding & Accounting
Reports for abatement of various public nuisances city-wide,
and this is time and place set to approve the reports and
set liens. (57)
Enforcement Supervisor highlighted report of Director of
Community Development, noting that various nuisances have
been abated, and owner's notified of the charges, and of
the time and date of this hearing. He also noted that of
the 16 reports filed with the Council on March 4, one has
been paid.
Mayor pro tem declared the hearing opened; there being no
appearances, the hearing was closed.
' Resolutions 16148 through 16162 confirming reports and imposing
liens, as recommended, were presented; after which, it was
moved by Apfelbaum, seconded by Foster, and unanimously
carried, Bogert absent, that Resolutions 16148 through 16162
be adopted.
.� C. Council Minutes
9 4-1-87 Page 2
2. CERTIFICATES OF PARTICIPATION (CO-GEN & POLICE BUILDING
REFINANCING)
Recommendation: That the Council conduct public hearing
required to consider issuance of tax-exempt certificates
of participation to refund outstanding $11.2 million issued
in 1984 to pay the cost of constructing the police building, '
and the two cogeneration plants.
Item 5 listed an the Agenda was considered simultaneously,
which recommended that the Council approve the issuance of
the bonds, and related documents and agreements, in amount
not to exceed $14 million.
Director of Finance reported that the hearing is required
because Southern California Edison purchases more than 10%
of the electricity; that the interest rates are beginning
to rise, and that he considered this an advantageous time
to complete the sale; that the City has received an insurance
commitment from AMBAC, an A minus rating from Standard &
Poors, which means the issue should be Triple A rated; that
the Public Facilities Corporation met on March 31 and approved
the issue; and that the City should realize an annual savings
of $90,000.
Mayor pro tem declared the hearing opened; there being no
appearances, the hearing was closed.
No action required as a result of the hearing.
Resolution 16172 approving documents and agreements as '
required, was presented; after which, it was moved by Smith,
seconded by Foster, and unanimously carried, Bogert absent,
that Resolution 16172 be adopted.
PUBLIC COMMENTS:
a) Dee Dee Stone., 142 Eastlake, commented on County proposal
to reduce air pollution restrictions to allow more
industrial development; and suggested that Palm Canyon
Drive be closed to through traffic, except public
transportation, to create the Palm Springs of yesterday.
City Manager noted that the Air Quality Control District
is considering reductions, but it is still undecided,
and the issue is being watched very careful ' by CVAG and
others.
b) Deyna Hodges, 2122 E. Baristo, spoke in support of
financial assistance to the Desert Aids Project. (151)
c) Jim Condon, 38251 Charlesworth, Cathedral City, stated
that the President has declared AIDS as the nation ' s ( 51)
No. 1 public health enemy, and urged that the Council
approve the request for emergency funding, recognizing
that it is a one-time request. '
LEGISLATIVE ACTION:
�50
Council Minutes
4-1-87 Page 3
3. ANDREAS COVE COUNTRY CLUB
Consideration of action relative to proposed project before
the County.
Planner Evans reported that this matter was reviewed in detail
at the last study session; that two resolutions are proposed,
i .e. , one recommendation is for deferral of the project for
up to two years in order to put together the park program
for the greater Palm Canyon area, specifically including
the three canyons; that additional language was added after
the study session to reflect that the Council supports
equitable compensation to all owners of Indian trust lands; (123)
that the second resolution opposes the project, including
findings and six areas which need to be resolved if the project
is approved; that the project will be before the County
Planning Commission next week, and it is expected that it
will be continued to May 13, at which time there should be
a full , County staff report.
Councilmember Smith stated he would abstain based on previous
disclosure.
Councilmember Foster stated that he did not think it was
fair to keep asking for delays; that the developer has spent
eight years working on this project, including two years
in the City' s Planning Commission process, and one year with
the City Council ; that the project was very poor at the
' beginning, and was dropped completely, and time-after-time
changes wanted by the Planning Commission were made, even
though there was some disagreement about some of the changes
by all the parties involved, including the Council ; that
he, too, would like to see the project delayed and the park
developed, but did not think it was fair; that an effort
was made many years ago to get the area into a State park,
and it was listed as the second priority on the S late' s list
for acquisitions; that the State agreed for the first time
to lease the land for a park, but when the final decision
was to be made, the Indians rejected it, and his concern
is that the same thing will happen in this case after another
two year delay; that the Indians have the final decision,
and it should be asked of them at this time; and that he
would support a reasonable delay, but not two years.
Mayor inquired if anyone wished to offer public comments
on this matter.
Dee Dee Stone, 142 Eastlake, urged careful consideration
be given to allowing infringements in the desert environment.
Resolutions 16163 and 16164, as recommended, respectively,
were presented; after which, it was moved by Apfelbaum,
seconded by Birer, and carried by the following vote, that
Resolutions 16163, 16164, and the position paper entitled,
"Palm Springs City Council Position on Andreas Cove Country
Club," which is on file with the City Clerk, be adopted:
AYES: Apfelbaum, Birer & Bogert
NO: Foster
ABSENT: None
ABSTAIN: Smith
Council Minutes
N 51 4-1-87 Page 4
4. DESERT AIDS PROJECT
Consideration of request for emergency financial assistance.
City Manager reported that staff has not been able to determine
if this request would be eligible for CDBG funds, although
it seems possible, and a request for a formal opinion is
needed; and that the Council could a) disapprove funding
at this time; b) refer the request to the Park & Recreation (61)
Commission program for RFP process; c) approve the request
from the General Fund; or d) approve the request and fund
from a source that might be available after a later decision.
He suggested that if b) , c) or d) is desired, that the staff
be directed to prepare the appropriate paperwork. It was
noted that the RFP process will allow the Council to make
funding available in the 1987-88 budget, beginning July 1.
Councilmember Apfelbaum, stated that the Council 's policy
was only adopted at the last meeting, and is yet to be tested;
that the request may be an emergency, but: she was concerned
that it would establish a precedent for other emergency
requests; that a more valid decision could be made if it
were based on a comparison of other requests submitted; and
that the only information submitted was two pages of figures.
Councilmember Smith stated that he, too, was concerned about
by-passing the policy so quickly, but that. he would have
difficulty deferring the request due to the urgency and nature
of the situation; and that the appropriation should be provided
now.
Councilmember Foster agreed with Councilmember Smith, and '
that other requests should go through the process established;
that this is a very serious problem worldwide; that it is
an emergency situation of extreme importance, and time cannot
be taken to sit around for many weeks to debate it; that
he was aware the request would be coming to the Council ,
and has given it consideration; and that it should not be
compared to other requests.
In answer to question by Council , City Manager stated that
if the Council desired to proceed, some type of contractual
agreement would be drawn, and returned to the Council for
approval .
Councilmember Birer agreed with the uniqueness of the
situation, and that: it should not be delayed.
It was moved by Smith, seconded by Foster, and carried,
Apfelbaum voting No, and Bogert absent, that: the staff prepare
the appropriate resolution to provide the funding, and
necessary agreement.
5. CERTIFICATES OF PARTICIPATION (See Item 2)
CONSENT AGENDA:
6. Res 16165 approving agreement with Stradling, Yocca, Carlson
& Rauth, for legal services associated with refinancing Certifi-
cates of Participation - Agr 2410.
Council Minutes
4-1-87 Page 5
7. Res 16166 approving agreement with Stone & Youngberg for
underwriting services associated with refinancing Certificates
of Participation - Agr 2411.
8. MO 3893 awarding purchase of a mid-size sedan to Center City
Ford, for $13,447. 16.
9. MO 3894 approving Change Order No. 3 (Final ) to reduce contract
with Matich Corporation by $24,523.49, for reconstruction of
Arenas and Cahuilla Road - CP85-12 - Agr 2309.
10. MO 3895 awarding purchase of a four-wheel drive tractor to
Greencare International , for $6,223.92.
11. MO 3896 awarding contract to Contract Carpet Co. , to furnish
and install new carpeting in Fire Station 2, for $11,555 - CP86-21
- Agr 2413.
12. Res 16167 and 16168 approving Payroll Warrants and Claims &
Demands.
13. Res 16169 designating intersection of Calle Encilia and Arenas
Road as a four-way stop intersection.
14. MO 3897 approving supplemental agreement with Riverside County
Flood Control District, for extra paving work on Calle El Segundo
during construction of Line 15 Storm Drain, estimated at $12,523.
15. Not used
16. Motion concurring in CRA Resolutions adopted this date.
17. Res 16170 amending budget to appropriate funds into expenditure
accounts for Master Plan Flood Drainage Areas.
18. MO 3898 approving acquisition of two software systems for HP
3000, Model 48, for $14,700, from Hewlett Packard.
19. MO 3899 approving agreement with William Cole of Mitchell ,
Silberberg and Knupp, to represent the City in negotiations
with the employee unit representatives, for $20,000 - Agr 2414,
and Res 16171 amending budget to appropriate necessary funds.
It was moved by Smith, seconded by Foster, and unanimously
carried, Bogert abstaining, that Resolutions 16165 through
16171 and Minute Orders 3893 through 3899 be adopted.
20. CONVENTION CENTER CONSTRUCTION CONTRACT
Consideration of amendment to contract with McDevitt and
Street. Matter not ready for action, to be rescheduled.
REPORTS & REQUESTS:
' 21. COUNCIL reports or requests
a) Schedule subject of "bed & breakfast" uses in residential
zones for future study session discussion.
22. PUBLIC reports or requests
a) At request of Tuck Broich, 1130 Manzanita, Staff to follow
up on time share selling from info booth at The Plaza.
Council Minutes
4-1-87 Page 6
23. STAFF reports or requests: None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to Tuesday, April 7, 1987, at 3 p.m. , in the Large
Conference Room, City Hall .
� �( JUDITH SU SIJMICH
City Clerk