HomeMy WebLinkAbout7/15/1987 - MINUTES CITY OF PALM SPRINGS .L
CITY COUNCIL MINUTES
JULY 1.5, 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, July 15, 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.
PRESENTATION OF PLAQUES:
Mayor presented plaques of appreciation to Former
Board/Commissioners Kitty Hayes (Historic Site) , Marjorie
Taft: (CVB) , and Gillar Boyd (Historic Site).
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with
Council policy on July 10, 1987.
COMMUNITY REDEVELOPMENT AGENCY: Council remained in session, and
also convened as the Community Redevelopment Agency.
JOINT PUBLIC HEARING: PA1B2 - SALE OF TEXACO SITE.
(See CRA Minutes of this date for details)
The public hearing required prior to the sale of any
property acquired by the Agency through tax increment
funds was conducted relative to the former Texaco Service
Station site, 395 North Palm Canyon, acquired by the Agency
in 1932 and proposed to be sold to Center Belardo Co.
for a total of $351,000. There were no appearances, and
the hearing was closed.
The matter was continued to July 21.
The Agency remained in session, and upon reconvening as the City
Council , business resumed as follows.
APPROVAL OF MINUTES:
It was moved by Birer, seconded by Apfelbaum, and
unanimously carried, that the Minutes of June 9, 17 and
July 1, 1987 be approved.
PUBLIC HEARINGS:
1. TTM 22401
Planning Commission recommends that the Council approve
a Tentative Tract Map to develop 14 single-family residences (137)
on the extension of Girasol , between Racquet Club Road
and Cardillo, Section 3 - Sunspot-Kramer.
i
(Council minutes
7-15-87 page 2
1. TThi 22401. (ContinuedO
O'i'rector of Community Q' 03pmsnL raviewen his 'rep3r&
and stated that there WS not Men a si-rlr.r, adherence
the diagonal Cheep: W , WeS _eh. _ o.,, - _ lkth: bg;
only one Got is subsconvard in _ n i -i .. (' ` by
250 square feet; that 0. 0 A% 9F :Odic ! NOW is wheohev
to re wirP A, end jo: .-rb no Pc I , .s nr, d Wi i it
subdivision tract; the : : no davalup_ irked ZkA N
not to yl a -ltc11 _,^d _.';i, :-r
in ordar to ma 'lota10 - "I! i ; rCA : le'r iWOL 1Ae Sill 'i t HOd 'Q!
developed ar<,_ Ons o . Q _.. cur ._ and �a�C,:.. ., , chaic y
although the 1.omyisq: Y_co`illncridod '(delve" c, the
requirement, with - cn—n-A to NO ! 40h, W ihp iut"re
7'{ an ",S.59e5 SITla'i.t; ,i15't. .. „z. c farua_.i 1"31 c ca, S;'L-'f
recommended that they �l2loldie i,t`� °'61n1'"
and .ter-;t s;q'i;ails i:,? am '„ niJpi}c: be S"WL'ted for ple2PLo +rdg
Commission approval . E2 zrz C,-diOssion may raquire cha
curb and gutter ro Wl a An integral color and/or integral
native desert aggreegato to include desert native rock
aggregate, prior to isu,i= of a grayling permoit.
Mayor declared the heariig opened.
Bob Smith, trialn iero e, SmiLh & Associates, Engineers
representing the developer, 777 Talhquitza empressed
agreement with the conditions of approval ; that Getty
Engineering thinks conventional curbs and gutters is re,
needed, but planning Commission and AAC recommended approval
without the curbs at its study session this date, however,
the developer is prepared to proceed and to install them
if the Council so desires, that the O tenit is to construct
all howns at limp tion .n: tile [ i.hv- inV. L
answer to qu sti-,, V zwa ` i . , h„ it t d LhA wa:%pnc;.
of the curb Gild gui,'tps" wool ' 8t ��e.; � cliY:l(I�l��c along the'
right-of-way and on-site:_ within tha Wact., that there
,Mould be larger flows oO dawnge end crosiori during larger
storms; that water will flow into Racquet Club (load, which
includes a section lit �;,lch is riot (till:prov-d <.ncl
into winch the Wer will fluq until it reaches areas
controlled by curbs,.
Planning Director 071. a the Me uctlo" thrs date of
the Commission was an inrormal consensus that; if appropriate
drainage could be duvelpped, other than :standard curbs
and gutters, it would be desirable in hillside areas.
Mathew Sumich, 2485 Tuscan Road , questioned if all of
the boulders were going to be removed from the property,
what conditions are imposed to protect the neighborhood
from blowing sand during construction; whether all utilities
will be underground, and if street improvements will be
made firsts if the houses will be 15 -feet in height as
the developer reported at the Planning Commission ; and
supported installation of sortie 'hype of curbing to handle
water flows. lie stated that the area has a history of
water sheeting donna Racquet Club Road, carrying boulders
and debris, and flaws to the east.
There were no further appearances, end the hearing was
closed.
Council Minutes
7-15-87 Page 3 ,
1. TTM 22401 (ContinuedO
Councilmember Apfelbaum stated that curbs and gutters
may not be consistent with hillside development, yid perhaps
a policy should be developed before a decision is made.
She also stated that there are different ways to treat
hillside areas, and she would like to see souiie of them
before proceeding.
Councilmember Foster stated that the Planning Commission
is going through a study process and this developer should
not be held up for six months while that is happening.
In answer to question by Council , Director of Community
Development stated that the staff recommen&'L..ion came
from the Engineering Division, with a willingness to look
at alternative solutions, but the project engineer had
not submitted any; that the engineer still must decide
on what needs to be done to handle the water slows, and
if the requirement to curb or not to curb is Weft up in
the air, the situation remains confusisag; that
recommendation calls for a six-inch curb, exposed aggregate
or color to blend with the surrounding area.
City Manager stated that an entirely differerdE; drainage
system would be used if curbs of some type are not
specified, and if the Council desired to give further
direction, the matter could be presented at the adjourned
meeting.
Councilmember Apfelbaum stated that the Planning Commission
and AAC were unanimous in opinions that curbs were not
appropriate on hillsides; that a recent survey showed
' that curbs and gutters were not des!Y,c3d; and
thatprofessional viewpoints must be considered.
Bob Smith, Engineer, stated that the development can go
either way; and that they are anxious to proceed,
Resolution 16249 approving the map, as recommcHded, was
presented; after which, it was moved by Foster, seconded
by Birer, and unanimously carried, that Resolution 16249
be adopted, subject to addition to Condition 1i., to read
"or alternate methods of controlling the water. "
PUBLIC COMMENTS:
Welwood Murray Library (Refer to Item 3). The ;ollowing
persons spoke concerning disposition of the Welwood Murray
Library, and potential sale of the property to d 6in Wessman
as part of the Welwood Plaza Project. (99)
Lynne West, President of the Library Board of Trustees,
restated the Board's recommendation that the librrory remain
open and operating as it is today; and that the Board
has looked at all issues and discussed the matter with
the City Council , and feels strongly that it should remain
open.
Jeremy Crocker, 330 W. Arenas Road, stated that 'the public
was surveyed both in writing and by telephone, and those
results were not included in the staff report, however,
the response was that the library should remain - 93%
in writing and 63% via telephone. He staters that a
compromise was reached by the Board which called for a
smaller space, with less books, at the same cost of
operation for the current site, which would not help the
library; that the Council has urged the Board to change
its decision again at the lest study session; and that
the Wessman project could still happen without the library;
that the disposal of the library would not be ati economic
benefit to the City, and urged that the library continue
as 'it is.
i
>a Council Minutes
7-15-87 Page 4
Deyna Hodges, 2122 Baristo, stated that Counci I member
Apfelbaum previously abstained on the project decision
because of a conflict of interest, later voted because
she was told she did not have a conflict, and questioned
the status of her ability to vote. She stated that the
library was gift deeded to the City by two pioneers, yet
in its 50th year., the City is considering sellling one
of its few historic sites. '
Scott Young, 311 W. Saturnino, stated that doing away
with the library removes a sense of community and place
for locals to identify with the community history; that
it will be a destruction of the legacy of the City°s
founding fathers; that he questioned a profit motive as
a need for changing the library; and that a lot of what
was in Palm Springs fifteen years ago has already been
destroyed.
Caryl Williamson, 3193 Calle Jasmine, member of the Business
Development Task Force, stated that the group is interested
in bringing more people to the downtown area, and thinks
there is a need for further revitalization; that the Wessman
project meets the goals of what the task force hopes to
achieve, and it should proceed along with completion of
the parking structure in conjunction with the project;
and that the charm of the library should be retained,
and a compromise reached to limit its size, but included
in the overall project.
Earle Strebe, 1350 Tachevah, stated that if any pars; of
the project includes the Plaza Theater, he hoped the matter
would be continued in order to permit him to review what t
is proposed, however, he has not heard from anyone except
John Wessman.
Bill James, 2367-E Miramon'te Circle West speaking
for Mr. Strebe, stated that no one from the City Council
or the City has contacted Mr. Strebe; that he has attended
meetings with Mr. Wessman and Mr. Strebe was resolute
that he wants to keep his property and develop it, and
to keep "affairs" with the City good; and he proposes
to ask Mr. Wessman to look, at other ideas, e.g. , leaseback
from Mr. Strebe. Councilman Foster stated that the City
has never talked about condemnation, and Mr. Wessman said
he was in discussion with Mr. Strebe to acquire it.
Allen Perrier, 3001 Tahquitz Way, attorney representing
Mr. Strebe, stated that the staff report included
recommendation that consideration be givers to instruct
staff to proceed to initiate a Resolution of Necessity,
which is the first step toward eminent domain proceedings;
that the proposed resolution refers to a "specific plan,"
however, specific processes and hearings must be
accomplished before a specific plan may be approved, and
this aspect would be premature; that the Strebe property
was shown as not critical to the project when the financing
package was put together last year for tax benefit purposes;
that he is interested in knowing what the specific plan
is, and if Mr. Strebe is being deprived of his rights
of notice and hearing; that the Theater property appears
as the guts of the retail part of the project, and it
should either be removed from the project, or the proper
process should be followed.
•�ICa
Council Minutes
7-15-87 Page 5
Ted McKinney, 755 E. Sunny Dunes, member of the Historic
Site Preservation Board, stated that the Board, the
Historical Society and the Library Board all approved
Mr. Wessman's plan presented two years ago which did not
include the library, and all are opposed to his taking
it; and that it should remain, or be put on i:he ballot
for the people to vote on, at a time other than in the
summer.
' Kitty Hayes, 284 Morongo, Vice-Chairman of the Riverside
County Historic Commission, asked that the building be
preserved as it is, that the NSPB worked hard for six
years to identify and designate historic sites, of which
the library was one of the first to be designated; 'that
Cornelia White, Murray and others gave an important heritage
in the heart of the city, and she encouraged that it be
kept open as it is now. In answer to question by Council ,
she stated that she understood the site would remain as
a Class 7, and could not be changed without the Council ' s
approval , however, she thought if the building 'deft public
ownership and became private property, it would be more
difficult to control what goes on it; that the site was
given to the City as a library, and although the use of
the historic site cannot be designated by the d-ESPB, it
thought it important that it remain a library; and that
if it is not preserved as it was intended, it is possible
the City will not receive gifts from others in the future,
who may think the City does not live up to its word in
accepting the conditions of the gift.
Bill Carver, 555 S. Palm Canyon, stated that; he would
be in competition with the Wessman project, but the bigger
picture dictates that the downtown area cannot be left
as it is; that some of the problems must be corrected;
that the Wessman project is a good alternative to preserving
the building and keeping a smaller library; that downtown
owners will have to take responsibility, and they are
working on developing a marketing plan; that he believes
department stores are on their way out, and specialty
shops, food and entertainment will be the make-up of the
downtown area.
John Wessman, 72200 Clancy Lane, Rancho Mirage, stated
that he tried to develop a project which would encompass
the current proposal and the block to the north, to create
a core area, including park, music and European flavor,
which he felt could only happen in the very central area;
that he did not think the McCallum site alone t-Jould solve
that, and the pedestrian should be able to move freely
from one area to the next; that he saw the Plaza Theater,
Willard, Library and McCallum properties all as one unit
with a series of plazas, parks, shops, and entries and
a flavor of old Palm Springs; that he did not wish to
destroy the buildings, but to make the surrounding area
look more like the library, with some stone work repair
on the library, and that the Willard and Strebe properties
are needed to make it a whole project.
Brian Morrison, businessman, 202 N. Palm Canyon, spoke
' in support of retaining the library.
Council Minutes
.117 7-15-87 Page 6
Rolfe Arnhym, Chamber of Commerce, reported that the
Chamber's Board of Directors have urged approval of
the project, and the revitalization of such an important
intersection; that there is a need to assure adequate
parking, and save the library building; that the
community must also retain library services; and that
the economic well-being of the City is crucial to
relieve the burden on the homeowner.
Tim Zifko, 73420 Hill Top Road, stated that the project '
will be a welcomed addition to downtown.
Al Norman, businessman, stated that he has never seen
children in the library, that the shelves in the Library
Center are sparse; that the libraries should be
consolidated and the space left for new development;
and that if books cannot be found at the branch, a
person is referred to the Library Center.
Tuck Broich, 1130 Manzanita, stated that the decision
should be to vote to leave the library as it is.
He also urged no reduction in police officers, and
suggested going out to bid for the items on the agenda
for which formal bid was waived, and the prices seem
very high.
John Stiles, 1130 Deep Well Road, spoke in favor of
the llessman Project, and stated that the Council must
look for quality shops in the downtown area.
Duke Mutacio stated that the project is needed downtown,
and stated his support of it.
Dianne Durken, 2360 Palermo, stated that people only '
walk downtown where there are the older buildings,
and other places like Carmel and Europe do not tear
down 'their old buildings.
Dr. Ed Kuhn suggested that the people' s will should
prevail .
b) Dr. H. B. Lazenby, on behalf of RSVP, stated that
based on the Parks & Recreation Commission
recommendation, this would be the first year in which
the RSVP did not receive financial backing from the (61)
City of Palm Springs in the last fourteen years; that
it has provided over 100,000 volunteer hours; and
that it may be necessary to stop the services which
they provide.
Judith Cox, Chairman of CVAG, requested that the Council
defer action on not funding RSVP, and take a different
view of its request, but that if the Council is firm
in its position, that the matter be brought to CVAG
for discussion. She stated that if the City pulls
out 'its funding, the remainder of the CVAG cities
would have to pick up the balance; and that. $9,000
is not much money when one considers the 22,000
volunteer hours Palm Springs receives. '
c) Bob McWhirter, President and founder of Crime Stoppers,
stated that people in the Police Department are needed
to help maintain the success of Crime Stoppers, and (61)
if those are removed (because of reductions related
to salary increase for sworn personnel ) it will break
the program.
Council Minutes
7-15-•87, Page 7
d) George Goldberg, stated that the City loses $15,000
in salary on the Mayor each year; that he has no permits
for work done at his house; that he will pursue his
RV suit in the Supreme Court, and is mailing information
to RV sales, users and newspapers, which will mean
a loss of business to merchants; and that thousands
of staff hours have been spent to justify the utility
1 tax.
e) Dee Dee Stone, 142 Eastlake, e;cpressod her concern
about the increase of smog in the desert, and offered
to be of assistance on any committee or group to address
this problem.
f) Mike Hanavan, President of the P.S. Police Officers
Association, stated that there were two professional
negotiators involved in the bargaining this year,
one for each side; that opening statements included
adamant positions on both sides, which he viewed as
posturing; that the last meeting with the mediators
resulted in an agreement, but what he heard in the
halls was that two positions had been negotiated away (110)
so that others could get raises; that he does not
favor that, and is instead concerned that there are
not enough people, that there is concern as to which
positions would be cut; that they do not dispute that
the Council and management are in the position to
appropriate money where that is necessary, but they
wish to be on record as opposing an effort to not
fill two positions; that there are other steps which
could be taken, and they are willing to work with
the Council to achieve that end.
' City Manager stated that he has had discussion about
this, and said he was sorry if there was a
misunderstanding, however, it was indicated in the
negotiations that iF it became obvious that higher
salaries were needed for reasons outside of the City° s
control , that some hard choices might have 'to be made
to maintain strength and pay those higher salaries;
that it was agreed that it was inappropriate to discuss
those levels at the bargaining table, but the message
was given that those choices might have to be made
if the figure agreed on was more than 44; - 5%; a
substantially higher figure was reached, and the
professional negotiator for the unit said that funding
was a Council problem, and the higher salaries were
appropriate. In answer to question by Council , City
Manager stated that about $8 million is received in
property tax revenue, and the Police Department budget
is approaching $9 million.
g) Joe Nacinovich, as a private citizen, stated that
at any one time the Police Department has been down
4-7 people between February 1985 and 1987; that there
were 49 officers in 1969 and 84 today, which he felt
did not reflect the increase in the population or (110)
building valuation; that the City has beeii reactive
' and proactive, and has not brought in business, but
rather allowed it to leave; that long hours are demanded
of officers, and overtime for special events is
voluntary, unless no one volunteers, in which case
it is mandatory; that many officers often are not
with their families, -that not filling positions now
may be part of the negotiation process, or an impact
of the question concerning continuance of the utility
tax.
Council Minutes I
7-15-87 Page 8
LEGISLATIVE ACTION:
2. CONVENTION CENTER - CONSTRUCTION CHANGE ORDERS
On June 23, 1987 Council continued consideration of Change
Orders 7 - 12 to increase contract with McDevitt & Street
for construction of the Convention Center.
This matter was not ready for action, and is to be '
rescheduled for July 21.
3. WELWOOD MURRAY LIBRARY/WESSMAN PROPOSAL
Recommendation by `.staff: That the Council direct the staff
to prepare necessary documents and notices for the sale
of the library to Wessman Construction Co. , including
protecting gift deed restrictions by retaining sufficient
library use and/or begin the process of removing the gift
deed restriction; and provide notice of a public hearing
on a Resolution of Necessity to acquire property through
eminent domain.
Redevelopment Director reviewed details of his report, (99)
and the proposed resolution, entitled:
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING STAFF TO PROCEED WITH ACTIVITIES
NECESSARY TO ACT ON THE DISPOSITION OF THE WELWOOD MURRAY
LIBRARY PROPERTY, PRESERVING SUFFICIENT AREA TO SATISFY
GIFT DEED RESTRICTIONS, ADOPTING A SPECIFIC PLAN FOR
THE REDEVELOPMENT OF THE NORTHERLY PORTION OF THE BLOCK
IN WHICH THE PROPERTY IS LOCATED AND AUTHORIZING AN
AGREEMENT WITH ROBERT ALTEVERS ASSOCIATES FOR SCHEMATIC '
DESIGN SERVICES FOR THE DEVELOPMENT OF A PARKING STRUCTURE
ON PROPERTY DIRECTLY TO THE NORTH OF THE SUBJECT PROJECT.
He stated that the "specific plan" should be deleted and
a "conceptual plan" inserted, and stated that Mr. Strebe
has not seen it. He stated that release of the deed
restrictions on the Cornelia White property would require
Court action because of the lack of ability to find all
of the heirs; that there are three heirs to the Welwood
Murray estate, who are willing to discuss the matter;
that the building per se is not a condition of the deed
restriction; that the property must first be declared
surplus, and if so done, must first be offered to other
public agencies, e.g. , the Redevelopment Agency, and if
not acquired, it would be offered on the open market;
that the Library Board has met and discussed its
recommendation with the Council at recent study sessions;
that the tenant on the Willard property has a long lease
with option to purchase, and desires to retain the property
and exercise that option; that the Strebe property is
shown in the conceptual plan, and how that works into
it is not yet a Redevelopment issue; that the money from
the sale of the McCallum Building is to go parking, and
the Council has seen a proposal for a parking .structure
across the street and the owners have been contacted and
are willing to give air rights; that plans were prepared, '
but not acceptable, and another architect has been requested
to redesign it to satisfy the concerns in the prior plan.
Council Minutes
7-15-87 Page 9
3. WELWOOD (Continued)
He also stated that the use of this resource (library)
is in the best interest of the community; that it is a
change from the past, and the resolution requires
negotiating with the heirs to determine if they would
be satisfied to release the reversionary clause in returns
for naming the Library Center in memory of Welt;ood Murray,
' and if they do not agree to that, -then another issue must
be faced; and that the idea of a small reading room on
the site would satisfy the deed restrictioui, however,
future funding for it may not be sufficient to support
such a library, and in that case, the property would revert
to the heirs, and regardless of what happens, it may be
prudent to explore both deed restrictions 'through the
court. He stated that the Wessman proposal calls for
dramatic changes to the McCallum Building, and minor changes
to the library, i .e. , enhance the entry, enlarge the side
windows, remove an unkept rear addition and significantly
upgrade that area. He also stated that a letter• agreement
has been submitted by Robert Altevers Associates to prepare
schematic plans for the parking structure, in conjunction
with the Wessman project, for $17,000.
City Manager stated there is no intent to remove the library
building, and any alterations would be processed through
the Planning Commission, and ultimately submitted for
Council approval ; that the entry modification and other
changes would highlight the building in a way that it
has not been in the past; that the Library Board's second
recommendation was that if the Council 's decision now
or later is to close the library use, that funds from
the sale of the property be put into the Library Trust
' Fund to maximize the potential for attracting State funds
and possibly doubling those resources, in order to make
an aggressive and significant improvement at the Library
Center.
Jeremy Crocker, upon recognition by the Mayor, stated,
as points of fact, that Mr. Arnhym had not included
reference to a sentence in the Chamber of Commerce Board's
resolution about maintaining library services; nor had
the Redevelopment Director reported that the iierchanns
and Citizens Association opposed closure of the library.
In answer to question by Councilmember Apfelibaum, City
Attorney stated that concerning her abstention in one
instance and voting in another, he had advised her in
the first case that he had not researched the answer
sufficiently and in an abundance of caution, she should
abstain; and that later he had researched the question
of conflict which centered around her husband owning a
limited partnership in which Mr. Wessman was also a limited
partner, and found that it did not constitute a conflict
for her or her husband, and 'therefore she did not have
to abstain in the second case, nor in this matter.
' Councilmember Smith stated that the Library Board ' s answer
was "no," when asked if it would locate a branch library
downtown; that the budget for the Police Department alone
exceeds the money which comes from property taxes; that
the money to operate the libraries come from other revenues
from the business community, which is why there is so
much discussion about stabilizing the economic community;
that if something is not done to upgrade and keep the
business community alive and vital , the dollars will not
be available to do all that is needed in the City; that
if something can be worked out, it might stay a library
or result in improvements to the Library Center; that
it is not an easy decision, but he did not see any other
choice but to move ahead and work on it with Mr. Wessman
and staff.
! Council Minutes
erg l 7-15-87, Page 10
3. WELWOOD (Continued)
Councilmember Birer pointed out that the McCallum Building
was once the Desert Museum, and as a result of change,
the community has an outstanding museum at a different
location; that few cities the size of Palm Springs have
a library like the Library Center, which is in serious
danger of going downhill because the necessary funds to '
keep it supplied with book titles and reference materials
cannot be supplied) in the amounts needed; that funds from
the sale of the branch library potentially can be doubled
by matching State funds which would make the major library
a successful one; that the branch is ineffective, old
and does not serve the needs of the community; that he
did not think Welwood Murray envisioned the Library Center;
that he thought something could be created downtown which
might lead to the total revitalization of it; that the
issue cannot be decided from an emotional standpoint;
and that he favored continuing with Mr. Wessman, and doing
what needs to be done as suggested in the proposed
resolution.
Councilmember Apfelbaum stated that the project is unique
and indigenous and will revive the village character.
Councilmember foster stated that he wants to preserve
the historic buildings, but cautioned that the public
should recall whar, some of the old buildings looked like,
i .e. , those removed to make way for the Desert Fashion
Plaza, some of which are still a blight on the downtown;
that the McCallum Building outgrew its use 10-12 years
ago; that people do not use the library and people know
that to be so; that the Tacke'tt property is in need of '
help; that the Council is concerned about the proliferation
of T-shirt and fastfood shops; that Bulloc:k' s is sitting
on the fence about whether to stay or leave Palm Springs;
that the community must be progressive, and he did not
know any other way to go.
Resolution 16250., as recommended, including change from
Hspecific" to "conceptual " plan; was presented; after
which, it was moved by Smith, seconded by Birer, and
unanimously carried, that Resolution 16250 be adopted
(includes Agr #2464 with Robert Alt.evers Associates).
4. BANNER REQUEST - 50th ANNIVERSAR`f COMMITTEE
Recommendation: That the Council authorize placing flags
of the fifty States, Canada and Mexico along Tahquitz
Way, between Indian and Sunrise; street banners across
Palm Canyon at Amado, Tahquitz, Ramon and at East Palm
Canyon; and randomly spaced grouped cast,e banners on (114)
Palm Canyon between Alejo and Ramon, and on the west side
of Indian between Ramon and Alejo, per request of the
50th Anniversary Committee.
Director of Parks, Rec & Library reported that in addition
to the recommended banners, the Committee also requests
permission to erect castle banners in the Sunrise Plaza '
parking lots and on Ramon and Sunrise for "fun-in-the-Park"
Day on April 23, 1988.
c p , M1s
Council Minutes
7-15-87 Page 11
4. BANNER REQUEST (Continued)
Councilmember Apfelbaum stated this matter was discussed
at the study session, and that she endorsed the use of
the flags and castle banners, but considered the banners
across the street as tacky, lacking class, and 'homespun.
In answer to question by Council , the Director stated
that the Parks Division will maintain the banners; and
the design will be approved by 'the Planning Commission.
MO 3963, approving the castle banners only, as recommended,
including the Fun-in-the-park Day event, was presented;
after which, it was moved by Smith, seconded by Apfelbaum,
and unanimously carried, that Minute Order 3963 be adopted.
5. HUMAN SERVICE FUNDING
Recommendation: That the Council approve contracts with
Food In Need of Distribution (FIND) for $8,500; and the
Humane Society in the amount of $7,545, as a result of
the Request for Proposal (RFP) policy previously established
by Council - Agr #2454 and Agr #2455.
Assistant to Director of Parks, Recreation & Library stated
that this matter was reviewed in detail at the last study
session; that there were eleven proposals submitted, of
which only two reached the 75% cutoff of the total point
program.
(61 &
In answer to question by Council , Dick Skelskey, Chairman 114)
of the subcommittee of the Commission, stated that the
' quality of the proposals was very poor; that most lacked
a problem statement, and what they were going to do with
the funds; the purpose is not to fund operational costs,
of the two recommended, both asked for more than what
is proposed; and that the two recommended were far superior
in quality of proposal than any of the others.
Councilmember Birer stated that he was concerned about
the RSVP which represents valley-wide agreements between
the cities and is based on proportionate arrangement;
that the CVAG Chairman 's argument is persuasive about
not having other cities carry the load if Palm Springs
withdrew its funding; that he thought perhaps the RSVP
people were not prepared to justify what they are doing
in Palm Springs; that it would be an embarrassment if
Palm Springs did not carry its fair load of what amounts
to a valley-wide proposition; and approval of the
recommendation should include that if RSVP is funded this
year, it should find another way to be funded next year
or supply better information in its proposal .
City Manager stated that the Council may wish to continue
the RSVP portion, and that further dialogue is important,
particularly in view of the fact that each year the City
has raised the issue with CVAG that the data shows that
substantially less service is being received proportionate
to what is being paid; and that he believes notice has
been given that the relationship between services rendered
and the formula for payment is out of balance and should
be looked at. He stated that it is only happenstance
that it is administered by CVAG, since it was previously
through the City of Desert Hot Springs, who found it too
time consuming, and for convenience it was sent through
CVAG.
Council Minutes
7-15-87 Page 12
5. HUMAN SERVICE (Continued)
Councilmember Apfelbaum stated that perhaps it is time
to reevaluate the RSVP program.
Mayor noted that not all of the funds budgeted for human
service funding are proposed to be spent, and something
may be considered later.
MO 3964 and 3965 approving agreements, as recommended,
were presented; after which, it was moved by Foster,
seconded by Apfelbaum, and unanimously carried, that Minute
Orders 3964 and 3965 be adopted.
6. ORDINANCES FOR SECOND READING & ADOPTION
City Clerk read titles of the following Ordinances:
a) Ord 1285 re auctioneers and auction sales
b) Ord 1286 re Zoning Ordinance Revision
c) Ord 1287 re Indian Land Ord 779 (103)
d) Ord 1288 re parking and storage of vehicles in resi-
dential zones
It was moved by Birer, seconded by Smith, and unanimously
carried, that further readings be waived, and that
Ordinances 1285 through 1288 be adopted.
OTHER LEGISLATIVE ITEMS (Materials at study session) '
7A. CONVENTION CENTER
Huntcor Contract amendment to increase scope of services.
This matter not ready for action, to be rescheduled for
July 21.
7B. ALLOCATED POSITIONS & COMPENSATION PLANS: POLICE/FIRE MOUS
Recommendation: That the Council approve the Memoranda
of Understanding with each of the Police and Fire units,
and amend the Allocated Positions & Compensation Plans
accordingly. 010)
Personnel Director reported that these matters were reviewed
in detail in Closed Session at the last; study session,
and highlighted the terms of each, i .e. , a 2-year contract
with Police and a 3-year contract with Fire, both of which
are on file with the City Clerk.
Council Minutes
7-15-87 Page 13
7B. ALLOCATED POSITIONS (Continued)
City Manager stated that he was pleased with the contracts,
which will lend stability and time savings over the next
couple of years; and that the City tried hard to be
responsive in the negotiations. He stated that one-half
of the taxes the City receives, over which it has
discretion, goes to police and fire services; that since
' 1978 -there has been a 16% increase in total strength of
both departments, compared to a 10% increase in non-safety
type operations, and compared to Parks, General Operations
and Finance, which have fewer than 1977-78 levels; that
in order to fund the two contracts and offset the extra
cost of going beyond the increase in cost of 'living, he
proposes reducing two positions in each department, to
be accomplished through attrition or reassignment; that
his personal management philosophy, which he Feels is
best for the overall morale and efficiency of the
departments and the City, is that he would rather have
fewer competitively paid employees than more -employees
who are paid less than market; that because of actions
taken by other local agencies, and in order to stay
competitive, settlements higher than for o;:kor city
employees were negotiated; that both associations were
told that force reduction was a possibility, and they
negotiated for higher salaries knowing that; and that
he could not recommend decreases in other City services
because of cost increases occurring solely in the police
and fire departments.
Resolutions 16251, 16252 and 16253 approving the MOU with
Fire, Police and amending the Allocated Plans, as
recommended, respectively, were presented; after which,
' it was moved by Birer, seconded by Foster, and unanimously
carried, that Resolutions 16251 through 16253 be adopted.
7C. DESERT CITIES BICENTENNIAL COMMUNITY COMMISSION
Recommendation: That the Council approve requesc to fund
$3,500 as Palm Springs, share of the fireworks show to
be held September 17, 1987 at Angel Stadium; waive -Fees
for use of the Stadium and security; require additional
levels of insurance for the pyrotechnic company; aidd support
temporary renaming of Highway 11I to Constitution Boulevard
from September 17 to 23, 1987. Director of Parks, (104)
Recreation S, Library highlighted his report.
Councilmember Apfelbaum stated that she did not object
to waiver of fees, but the City does not fund the UC
fireworks show, and considered the funding inappropriate.
Director stated that the total Commission' s funding need
was not broken down between the cost of the Fireworks,
signs, etc. , but he understood the bulk of it relates
to the fireworks.
MO 3979 approving the request, as recommended, was
presented; after which, it was moved by Birer, seconded
' by Foster, and carried by the following vote, that MO
3979 be adopted:
AYES: Birer, Foster, Smith ei Bogert
NO: Apfelbaum
ABSENT: None
ry ry(
Council Minutes
7-15-87 Page 14
CONSENT AGENDA (Continued)
8. MO 3966 approving one year agreement with Charles J. Supple,
M.D. for employment related physical examinations 'For 1987-88,
fees based on type of examination - Agr #2456.
9. Res 16254 fixing amount of money to be raised from property
taxes For 1987-88 debt service requirements, and fixing 'tax
rate therefore.
10. Res 16255 awarding exclusive contract for audio visual services
at the Convention Center to Audio Visual West, Inc. - Agr #2457.
11. MO 3967 awarding contract for furnishing and installing carpet
in selected small areas of the Airport Terminal Building, to
Contract Carpet, for $10,225 - Agr #2458.
12. MO 3968 awarding bid to trim and remove seed pods from approxi•-
mately 2,054 palm trees, and skin approximately 213 trees,
at varying prices, to Parker•s Tree Service.
13. MO 3969 exercising option and authorizing purchase of a plain
paper copier from National Business Machines for :$5,877.70.
14. MO 3970 waiving formal bid and approving purchase of a System
6 Dauplicating System from A.M. Multigraphics, for $38,71.3. 16.
15. MO 3971 through 3974 approving individual agreements for
purchasing services for the Convention Center with Robert Rocco
($3,800 per month, riot to exceed $36,000 - Agr #2459A), Sue
Yoder ($11 per hour, not to exceed $16,720 - Agr #2460), Fran
Andersen ($10 per hour, not to exceed $2,500 - Agr #�461), '
and Janet McKee ($9 per hour, not to exceed $12,960 - Agr #2462) .
16. MO 3975 approving purchase of Convention Center prefunct'ion
area furniture from Traditional Imports, for $14,908.90, and
waive formal bid.
17. MO 3976 approving purchase of Convention Center preFunction
area carpeting from Brinton 's Carpets, for $64,890. 12, and
waive formal bid.
18. MO 3977 awarding contract to Fort McConnell Construction Inc.
to install moveable partitions in the Finance Department in
amount of $11.,500 - Agr #2463.
19. Res 16256 and 16257 approving Payroll Warrants and Claims &
Demands.
20. MO 3978 amending agreement with Mathew Sumich, to provide an
increase in hourly rate, for a total not to exceed $27,000
commencing July 1, 1987 through June 30, 1988, for design
consulting services - Agr #2395.
It was moved by Foster, seconded by Birer, and unanimously
carried, that Resolutions 16254 through 16257 and Minute
Orders 3966 through 3978 be adopted.
COMMISSION APPOINTMENTS: e" None '
REPORTS & REQUESTS:
Council Minutes
7-15-87 Page 15
CITY COUNCIL, reports or requests
a) Councilmember Apfelbaum requested that the Planning
Commission develop a plan or policy for protecting (103)
views.
b) In answer to question by Councilmember lap felbaum,
Director of Finance stated that the Blue Ribbon Budget
Committee has taken a detailed approach to review
of the City's budgeting, and its next mseu:ing will
be in early August. He noted that considerable staff
time is spent in providing financial information it
requests.
c) In answer to question by Council , Director ou° Community
Development reported that a. new process has been used
in the reconstruction of Sunrise Way, and 'there is
a fine line in terms of the amount of oil used in
the application - the more that can be used, the longer,
smoother, the asphalt will remain; that the oil started (136)
to bleed more and more as the weather became warmer;
that it is now tacky and beginning to pull up at the
intersections because of the starting and stopping
of the vehicles; that starting next week, Massey will
grind down and replace it to a depth of +.vo inches
in the worst areas; that it has not been an unsafe
condition so far, but skid tests using water and sand
were done last week, and there is a contingency plan
in the event of rain; that caution signs will he placed,
and the speed reduced to 25 m.p.h. until tl^ae fix is
completed; that the problem belongs to both the City
_ and the contractor, since the design was agreed upon
by both parties; that laboratory tests have been done
to determine what went wrong, and the same specs were
used on other streets recently, but with less oil ;
that the specs allow a range of 4% to 7% o i l content,
and this project was at approximately 5.''%, which
has proved to be too much; and that the tonal repairs
involves about 80,000 square feet, and the current
discussion is to share the costs 50-50.
PUBLIC reports or requests - None
STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to Tuesday, July 21, 1987, at 3 p.m. , in the
Large Conference Room, City Hall .
JUDITH SUMICH
City Clerk