HomeMy WebLinkAbout8/5/1987 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
AUGUST 5, 1987
A Regular Meeting of the City Council of the City or Palm Springs,
California, was called to order by Mayor Bogert, in the Council
Chamber, 3200 Tahquitz-McCallum Way on Wednesday, August 5, 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 Moya Henderson (Historic Site) , Ray
Hutchison (Rent Review) and Margaret Bell (Parks , Recreation
& Library) .
REPORT OF POSTING OF AGENDA:
Report of Assistant City Clerk: Agenda posted in accordance
with Council policy on July 31, 1987.
CUMMUNITY 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 . I
APPROVAL OF MINUTES:
It was moved by Birer, seconded by Apfelbaum, and unanimously
carried, that the Minutes of June 23, July 7, 15, 21, and
28, 1987, be approved.
PUBLIC HEARINGS:
1 . PD 186 (JELKS) AND GPA 5.0444 (LAND USE)
Recommendation: That the Council approve a planned
development district in-lieu of a change of one, and
amendments to the General Plan Land Use Element to provide
a Residential High 43/30 density, relocation of a specialized
park symbol , and deletion of a high school site, for property (101 &
west of Sunrise Way, between Baristo and Arenas to allow 116)
construction of a 127 - unit retirement facility adjacent
to the Tennis Complex.
Community Development Director noted that this matter was
reviewed in study session. He stated that the Planned
Development District is surrounded by high density _
designation, which came as a result of a zone change on
Indian land in the early 1980' s ; that the Tennis Center
site would become a specialty park designation ; and, that
the Palm Springs Unified School District no longer intends
to build a high school at the "H" location. He stated that
the 127-unit retirement facility would have no kitchens ;
is intended for ambulatory residents with an average age
of 79 years ; and that transportation, 24 hour supervision,
and meal preparation would be provided.
Mayor declared the hearing opened.
i
Council Minutes
8-5-87, Page 2
1. PD 186 (Continued)
Allen Farler, 201 South Sunrise Way, spoke in opposition
and stated that Sunrise Valley Associates oppose the planned
development district at the back of their property; that
there are many vacant rooms in Palm Springs ; and competition
is not needed at this time.
There were no further appearances, and the hearing was closed.
Mayor stated that the Council judges a project on its
appearance and conformance to location, and cannot take
competition into consideration.
Councilmember Smith stated that he was surprised at the
opposition, and that the City tries to prromote projects
for the benefit of seniors, and has been criticized in the
past for not approving or encouraging this kind of use more
often. He stated that competition helps keep prices down,
and that the project makes sense from a planning point of
view.
Director of Parks, Recreation and library stated that the
Senior Task Force has been in existence for approximately
two years, and would be submitting a Final report to Council
in 1987, and that its general concern has been for affordable
senior housing in any degree.
Resolution No. 16258 amending the General Plan as recommended,
and Resolution 16259 approving a planned development district (101
in-lieu of a change of one, were presented ; after which,
it was moved by Smith, seconded by Apfelbaum, and unanimously
carried, that Resolution 16258 and Resolution 16259 be
adopted.
Acting City Clerk read title of Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING A PLANNED DEVELOPMENT
DISTRICT IN-LIEU OF A CHANGE OF ZONE FOR A RETIREMENT
FACILITY AT 1500 BARISTO ROAD, SECTION 14
It was moved by Smith, seconded by Apfelbaum, and unanimously
carried, that further reading be waived, and that the
Ordinance be introduced for first reading.
Councilmember Foster requested that the renderings and plans
of the Planned Development District become a part of the
record,
PUBLIC COMMENTS:
a) Michael Brabo, Treasurer of the Senior Center, stated
that the Center actively tried to cut the budget and
be more efficient, and such efforts would increase, (117)
and that the Center looks forward to working with the
sub-committee to accomplish a common goal . He stated
that the Senior Day Care Program has been suspended
but only until it can be funded again, and that a $40,000
to $45,000 savings is anticipated.
Council Minutes
8-5-87, Page 3
PUBLIC COMMENTS (Continued)
b) Betty Beadling, 775 Plaza Amigo, representing the Senior
Center, stated that the Center is looking forward to
working with the City' s sub-committee to find solutions
to the Center' s problems. She stated that the County
is pressing for action on the Community Development
Block Grant money, and the Center needs assurance
regarding approval of the new building, if fund-raising
efforts are to continue.
City Manager stated that the Braille Institute has been
advised to vacate the property; and ghat the size and
configuration of the new facility, which would (1lJ)
substantially improve service and efficiency, is one
that everyone needs- to spend some time on, but ultimately
a Council decision.
Director of Parks, Recreation and Library stated that
Braille Institute has had some construction and financial
problems, but has indicated it will vacate by June,
1988. He stated that the Braille Building would 'increase
the Center' s space significantly, and staff does not
believe there would be an overall operating cost reduction
as predicted by the Center; that part;t of the Center' s
justification for the additional size is the Senior
Day Care program, which has been suspended; that staff
is not arguing i against the lease, but trying to provide
some perspective ; and that, given the financial situation '
of the City and Senior Center, a detailed review and
feasibility study should be made concerning the additional
building, and that 'there is no reason to hold up the
lease.
c) George Goldberg, "Cesspool Lane" , stated that he
appreciated the cleaning of "Cesspool Lane" ; that the
new Off-Street Parking Ordinance is difficult to comply
with due to the size of existing yards, and that a number
of officials still park their recreational vehicles
in violation of the Ordinance ; and, 'that the City could
afford two fire and police officers, to be lost through
attrition, if certain City staff salaries were cut.
He made certain allegations against the judicial system
in Palm Springs, in general , and alleged Mafia connection
of certain legal counsel of the City. He suggested
that since the City is losing the (Braille Institute,
it should also get rid of the Senior Center and a dozen
other good facilities in the City.
d) Al Kessler, 915 Via Escuela, volunteer driver for the
Catering Cart, stated that there is no finer manifestation
of service to seniors which brings much needed food
daily to seniors who cannot afford to pay for, or prepare, ( 1.17)
their own meals. He stated that this is a service that '
should not be cut back, because it is the life blood
of grateful seniors and needs the total support of the
City and community. He stated that the City has name
recognition in the entire Coachella Valley, and
nationally, as a City in which retirement is a good
life, where seniors can enjoy their later years, and
that the City should not let lack of proper funding
for the Center become an embarrassment to Palm Springs.
Council Minutes
8-5-87, Page 4
PUBLIC COMMENTS (Continued) :
e) Sidney Phillips, 234 Lei Drive, stated that what makes
a civilization is the way its senior citizens are treated;
and that seniors are the people who built America, and (117)
are entitled to live well in this City with every support.
f) Deyna Hodges, 2122 East Baris'to Road, stated that she
found working on the Catering Cart route rewarding,
and hoped the City Council would continue to fund the
Senior Center; and that the Senior Task Force is part
of the Palm Springs Project. She also urged the Council (197)
to approve the Southern California water policy
resolution, and noted that many of the policies are
the same as previously recommended by the Water Task
Force.
g) Jaynes Schlecht, Attorney at Law, stated that there has
been a move to consolidate all courts in Indio, and
that the west end of the Valley may be about to lose
the Superior Court facilities in Palm Springs. He stated
that the Bar Association supports retaining and expanding
the Superior Court in Palm Springs; that many attorneys
were unaware the Palm Springs court could be used; and
that it is of equal benefit to jurors to have the courts
in Palm Springs. Ile urged the Council to take a public
posture on the issue, and express its concern and support
to the judges, on behalf of the community, of retaining
the courts in Palm Springs.
' See Item #20.
LEGISLATIVE ACTION:
2. SENIOR CENTER FUNDING
Recommendation: That the Council conditionally appropriate
$120,000 in funding for the operation of the Senior Center,
as a result of discussion at the Study Session of July 28,
1987, including appointment of a subcommittee to wort: with
the Center on various aspects, including establishing specific
quantifiable goals leading toward financial independence
of the Center, operating efficiencies, and cost benefit (11.7 A
analysis of the Center' s various programs, and to report 61)
to the Council on a regular basis.
Director of Parks, Recreation and Library stated that staff
has looked into the basis for a Senior Center request for
funding and presented to Council a number of issues and
conclusions. He stated that a concern raised by staff is
the cost benefit of some programs, but it is not staff' s
'intent to dictate the Center' s programs. He stated that
the general operating efficiency, primarily 'financial , is
another issue ; that two budget years of information, recreated
after the fact, are involved ; that Council should receive
accountability for the funding; that the Center' s Board
has discussed using reserves to balance the budget, but
no reference has been made in the financial statements to
specific restricted or unrestricted reserves; and, that
the Council should see a full financial statement. lie stated
that another issue, discussed earlier, has to do with the
building expansion ; that the Director of the Center indicated
fund-raising activities have declined steadily over the
last several years ; that there has been no indication of
specific
C.)cy
Council Minutes
8-5-87 , Page 5
2. SENIOR CENTER FUNDING (Continued)
goals for each year tied to the budget. He stated that j
Council has expressed a desire that any funds provided to
the Center be targeted to support necessary programs for
needy seniors ; that another issue is on-going vs. temporary
funding ; and that part of the rationale for the sub-committee
was that it could assist in developing a long range plan,
eventually making the Center more self-supporting.
City Councilmember B'irer stated that the City Council is
unanimously in favor of supporting the Center, and no senior
in the City should go hungry or in need ; but the Center' s
request is for public money, and the City has to be careful
with those funds. He stated that the Center should take
advantage of an excellent City staff that could perhaps
organize some of the finances and programs ; that the lease
will be worked out, but there is a need to restudy whether
to build the new building ; that the Center has to decide
if it will have trouble supporting its programs if 'it jumps
from a 4,000 square foot to 13,000 square foot facility
with all the attending problems ; and, that this is an issue
for the Center, with the City' s assistance, to decide.
Councilmember Apfelbaum stated that she had previously worked
with the outreach program, and expressed her gratitude to
all the volunteers at the Center; that the volunteers have
helped to bring the budget in line, and the City wants to
work with the Center in that regard ; and that one important
item not mentioned in the Resolution is the funding of a
study which would include the fundraising efforts of the
Center, and it should be further reviewed. (117
61)
Councilmember Smith stated that there is no question the
City would help the Center and has for some time.
Councilmember Foster stated that the full Council has tried
to indicate its support of the Center.
Resolution 16260 establishing conditions under which the
Palm Springs Senior Center shall be granted City funds in
the amount of $120,000, and Resolution 16261 amending the
budget, were presented ; after which, it was moved by Foster,
seconded by Bir•er, and unanimously carried, that Resolution
16260 and 16261 be adopted.
3. MUNICIPAL CODE AMENDMENT - SOUND AMPLIFYING DEVICES
Recommendation: That the Council amend the Municipal Code
to prohibit the unreasonable use of sound amplifying devices
(loudspeakers, radios , public address, etc. ) on the streets,
sidewalks, parks or other public places.
Assistant City Clerk read title of Ordinance as follows :
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, (it03)
AMENDING SECTION 11.74.043(f) OF THE PALM SPRINGS
MUNICIPAL CODE TO PROHIBIT THE USE OF MUSICAL INSTRUMENTS
AND SOUND AMPLIFYING DEVICES WHICH INTERFERE WITH THE
PEACE AND QUIET OF OTHER PERSONS.
It was moved by Foster, seconded by Apfelbaum, and unanimously
carried, that further reading be waived, and that the
Ordinance be introduced for first reading.
Council Minutes
8-5-87, Page 6
OTHER LEGISLATIVE MATTERS
4A. CONVENTION CENTER - HUNTCOR CONTRACT AMENDMENT
' Recommendation: That the Council approve an amendment 'to
the contract with HuntCor for Owner' s Representative Services,
expanding its responsibilities for administration and
coordination of construction services through January I.,
1988, for the Convention Center, Agu• #2385. (139)
Director of Economic Development & Housing reviewed the
staff report, and stated that funding is available from
the bond proceeds, and has been anticipated as part of the
cost of construction of the Convention Center.
MO 3981 approving a contract amendment with HUNTCOR, as
recommended, was presented, after which, it was moved by
Foster, seconded by Birer, and unanimously carried, that
MO 3981 be adopted.
4B. CONVENTION CENTER CHANGE ORDERS NO. 13 THROUGH 17
A determination was made and voted on at the study session
of August 4, 1987, that the need for action occurred
subsequent to the posting of the agenda.
Recommendation: That the City Council approve Change Orders
No. 13 through 17 for McDevitt a Street, Agr #2305, for
' a total of $92,402 for the construction of the Convention
Center.
Director of Economic Development & Housing stated that
construction modifications to the building have been
negotiated with the contractor and are necessary for (139)
completion of the building, and, that the change orders
can be handled within the contingency account for the
Convention Center.
Upon questioning by Council , Change Orders No. 13 through
17 were discussed as -Follows:
1) CO #13 (Paragraph 5) , Fireproofing Behind Parapets:
Director of Economic Development & Housing stated that
the additions were recommended by the Building Division,
as its interpretion of the Uniform Building Code regarding
additional fireproofing behind parapets; and that
apparently the architect did not look at this issue
in enough detail during development and design until
after a certain point in construction.
Councilmember Foster stated that the UBC is the body
' that arbitrates and makes determinations on this type
of issue, and expressed his concern about different
interpretations in various jurisdictions ; and that,
if the interpretation is correct, the architect should
have designed the fireproofing into the plan.
Council Minutes
8-1r87 , Page 7
4B CONVENTION CENTER CHANGE ORDERS NO. 13 THROUGH 17 (Continued)
1) Director of Community Development stated that in areas
of dispute the City requests interpretation from the
UBC, but that the change orders are the result; of an
interpretation by the City Building officials and, if
challenged, confirmation would be :obtained from the '
UBC.
2) CO #14, Lighting:
Director of Economic Development & Housing stated that
the 50--Foot candle level was originally established
by Tom Liedlow and Don Jewel , two expert consultants
in convention center programs and operations ; that
lighting is provided in both fluorescent and incandescent
lights ; and that, when combined , an overall lighting
level of 50-foot candles would be achieved.
3) CO #15, Tile:
Director of Economic Development & Housing stated that
in the original proposal , the contractor had included
a $25,000 allowance for the to the Convention Center,
which is now recognized as not enough for additional
tile in three areas ; that the Juperana and Spanish pink
tile are identical looking granites , but the surface
of the Juperana , which was not previously available, (139)
does not absorb alcohol or lose its shiny surface ; and
that the total , negotiated tile price for the Center '
is now $50,122.
4) CO #16, Rewiring:
Director of Economic Development & Housing stated that
appropriate lighting levels need to be maintained in
the lobby area which requires revised wire sizing; that,
although the architect had requested the contractor' s
bid be designed for voltage drop, the plans did not
indicate wire sizing, and based on that , the bid indicated
a smaller size; and, that staff has asked each participant
to absorb a portion of the cost and make the adjustment.
5) CO #17 , Time Extension:
Director of Economic Development & Housing stated that
McDevitt & Street is still anticipating a completion
date of December 1 , 1987 , but is asking for a fourteen-day
time extension for unanticipated difficulties or problems.
Councilmember Birer stated that the contractor had to make
a maximum bid before financing could be arranged ; that,
considering the total contract price of $14 million to $15
million , these modest changes are not surprising during
construction. '
City Manager stated that dilemmas were expected even before
entering into the construction contract, that the City is
paying for the expert advice of Huntcor to assist in the
negotiations, and it will be alerted to these issues ; that
approving the change orders does not foreclose potential
action against some parties, except probably action against
the contractor, which needs to be considered ; but, that
staff has indicated the City is not dealing with an unusual
percentage of change orders.
TAX8
Council Minutes
8-5-87, Page 8
48. CONVENTION CENTER CHANGE ORDERS NO. 13 THROUGH 17 (Continued)
Councilmember Apfelbaum stated that these types of changes
are expected and the Council cannot abdicate its
responsibility.
Director, of Economic Development N Housing stated that the
Convention Center was 'rasa-tracked and the drawings were
not complete when construction began and problems were (139)
anticipated, and a contingency fund was established ; and
that McDevitt & Street is motivated to save money since
it will share equally in any cost savings with the City.
MO 3982 approving Change Orders No. 13 through 17 to the
contract with McDevitt & Street, Ago #2305, for a total
of $92,402, for the construction of the Convention Center,
was presented ; after which, it was moved by Apfelbaum,
seconded by Sirer, and unanimously carried, that MO 3982
be adopted.
CONSENT AGENDA:
5. Res 16262 approving agreement with the Housing Authority of
Riverside County to provide "fair housing services" for a total
contract of $15,000, to meet CDSG requirements to address all (85)
forms of discrimination in housing - Agr W2468.
6. Res 16263 supporting the Southern California (dater Policy
developed by the Southern California Water Committee , Inc. (65)
' 7 . MO 3983 and 3984 approving Addenda 1 iI 2 no agreement with CMSI
to provide operational support for the Police Department computer ( 117)
system, at a yearly cost of $28,500, and to provide 300 hours
of developmental support at a cost of $15,000.
B. MO 3985 waiving formal bid and authorizing publications of Parks, (50)
Recreation & Library Department brochures in 1987 88 from Desert
Publications, Inc. , for $1.0,000.
9. Res 16264 amending the budget to appropriate $3,000 to fund
remaining City improvements related to the General Store Museum (61 )
at the Village Green ( funds inadvertently not carried forward
from prior fiscal year) .
I& MO 3986 approving purchase of custom made prefunction area,
anteroom and terrace furniture from Murray' s Iron Works, for (139)
$17 ,749.70, and waive formal bid. (Convention Center)
11 . MO 3987 approving purchase of wall carpet for the exhibit hall
Maharam Fabric - $18,603 ; telephone area and accent wall - (139)
Knoll Textiles - $9,503. 60; and exhibit hall - Sico, Inc. -
$7 ,322.04; and waive formal bid. (Convention Center)
12. MD 3988 approving purchase of receiving, storage and delivery
services, as an alternative to additional warehouse space, for (139)
large volumes of items purchased for the Convention Center,
from Abba Moving and Storage, Inc. , for $8,500.
13. MO 3989 approving purchase of custom made terra cotta planters
for the prefunction area, boardroom, lecture hall , anteroom (139)
and terrace areas of the Convention Center from Goodwin
International , for $10,659.64, and waive formal bid,
Council Minutes
8-5-87, Page 9
CONSENT AGENDA (Continued)
14. MO 3990 awarding bid for three year maintenance of all City
owned communications and electronic equipment to Riverside ( 117)
Communications for $17 ,868.
15. Res 16265 approving group -insurance rates and City contributions
for City employee benefit plans for 1987-88.
16. Res 16266 through 16269 approving Payroll Warrants and Claims
& Demands.
17. Res 16270 approving 12-month time extension for -installation
of street improvements for St. Theresa ' s Church as required (116)
under PDD 149.
18. Motion concurring in CRA actions this date.
It was moved by Apfelbaum, seconded by Smith, and unanimously
carried, that Resolutions 16262 through 16270 and Minute (124)
Orders 3983 through 3990, and motion in Item 18 be adopted.
19. CONVENTION CENTER - STACKING CHAIRS
Recommendation: That the City Council approve the purchase
of 3,500 stacking chairs for the Palm Springs Convention
Center from Shelby Williams in the amount; of $166,075 per
bid number CC-8702.
Mayor stated that the Wyndham Hotel is, also purchasirfg '
stacking chairs, that interlocking chairs are needed for
use by both the Convention Center and the Hotel , and
recommended that the Convention Center chairs have a (139)
distinguishing mark.
Purchasing Director stated that the Convention Center is
considering a joint effort with the Hotel ; that the supplier
is the largest manufacturer of this type of chair, which
is a quality chair used extensively in the convention field.
He stated that it has been suggested that the City buy a
slightly different color to distinguish them from the Hotel .
MO 3991 authorizing purchase of 3,500 stacking chairs from
Shelby Williams in the amount of $166,075 was presented ;
after which, it was moved by Birer, seconded by Apfelbaum,
and unanimously carried, that MO 3991 be adapted.
20. SUPERIOR COURT FACILITIES
(See Public Comments g. )
Upon Motion by Apfelbaum, seconded by Birer, and unanimously
carried, it was determined that the need for action occurred ( 123)
subsequent to the posting of the agenda. '
It was the consensus of the Council that the cities
surrounding Palm Springs should also be encouraged to show
their support, which might have an additional impact on
retaining the Court in Palm Springs ; and although letters
have been sent to the Superior Court judges, a resolution
opposing the loss of the Superior Court and suggesting
expansion to include a court clerk should be considered.
�3� 19
Council Minutes
8-5-87, Page 10
20. SUPERIOR COURT FACILITIES (Continued)
Resolution 16271 opposing removal of the court facilities
from Palm Springs, and recommending expansion of the Superior
Court, was presented ; after which, it was moved by Birer, (123)
seconded by Apfelbaum, and unanimously carried, that
Resolution 16271 be adopted.
I
REPORTS & REQUESTS:
21. DEPARTMENTAL REPORTS - Received and Ordered Filed
a) Annual Rendering of City's Investment Poliy
b) Treasurer's Monthly - May, 1987
22. CITY COUNCIL reports or requests: None
23. PUBLIC reports or requests: None
24. STAFF reports or requests: None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned.
JUDITH SUMICH
City-C—berk
By: Patricia Jones
Assistant City Clerk