HomeMy WebLinkAbout9/2/1987 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
SEPTEMBER 2, 1987
A Regular Meeting of the City Council of the City of Palm Springs,
' California, was called to order by Mayor pro tem Hirer, in the
Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, September
2, 1987, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Apfelbaum, Foster, Smith
and Mayor pro tem Birer
Absent: Mayor Bogert
The meeting was opened with the Flag Salute and a Moment of Silence.
REPORT OF POSTING OF AGENDA:
Report of Assistant City Clerk: Agenda posted in accordance
with Council policy on August 28, 1987; there were no added
starters.
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting
adjourned for the purpose of convening as the Community
Redevelopment Agency; after which, members reconvened as the City
Council .
APPROVAL OF MINUTES:
It was moved by Apfelbaum, seconded by Smith, and unanimously
carried, Bogert absent, that the Minutes of August 11, 1987,
be approved.
PUBLIC HEARINGS:
1. C.U.P. 5.0448 - LIBERACE FOUNDATION
Recommendation: That the Council approve a. Conditional
Use Permit to convert the Liberate residence into a museum,
226 West Alejo Road, Section 10.
The matter was previously rescheduled for hearing on September (78)
16, 1987 and, therefore, continued.
2. TTM 20603 - BEULAH RAEHN
Recommendation: That the City Council approve Tentative
Tract Map No. 20603, a 55-lot subdivision for single-family
residences located on Acanto Way, easterly of South Palm
Canyon Drive.
Director of Community Development stated that the Planning
Commission recommends approval of the tentative tract map, (137)
which covers 25 acres in the South Palm Canyon area; that
the zoning for the property is R-1-B which indicates a minimum
lot size of 15,000 square feet; that the lot sizes range
from 15,000 to 21,000 feet, and that the tract is divided
into 55 lots and is in accordance with the City zoning and
the General Plan for this area. He stated that the matter
was discussed at study session, and Council expressed a
e,r aJ
Councul Minutes
9-2-87, Page 2
2. TTM 20603 - BEULAH RAEHN (Continued)
concern regarding Lots 17 through Lots 26, bordering one
of the holes of the Canyon Hotel Golf Course; that errant '
golf balls onto these properties could become a problem
to the City with owners requesting the problem be resolved,
even though the Golf Course is well established, and they
would be moving in with that knowledge. He stated that
in response to Council 's concern, a second condition has
been added to the resolution that a golf easement and hold
harmless agreement be granted in favor of the City, with
wording and form to be approved by the City Attorney; and,
that the agreement would be recorded concurrent with the
Tract Map.
It was noted by Council that the lot numbers in the Resolution
should read 16 through 27.
Resolution 16275 approving Tentative Tract Map 20603, with
the recommended revisions, was presented; after which, it
was moved by Smith, seconded by Apfelbaumi, and unanimously
carried, Bogert absent, that Resolution 16275 be adopted.
PUBLIC COMMENTS:
a) Carolyn Toenjes, 1863 Park Drive, stated that she had
sent a letter and the Peace Proclamation of Palm Springs
to the Mayors of Nagasaki and Hiroshima. She stated ,
that the mayors responded by letter and thanked the
City and stated that August 9 was the anniversary of
the atomic bombings; that recent scientific studies
have shown that radiation has an even more detrimental
effect on humans than originally thought; that the
citizens of Nagasaki have appealed relentlessly for
abolition of nuclear weapons ; that the highest modern
technology is poured into the development of weapons
with a total explosive yield exceeding millions of times
that of the atomic bomb dropped on Hiroshima and Nagasaki ;
that even outer space is threatened with the danger
of becoming a stage for nuclear strategy. The mayors
further stated that they have asked other nuclear
countries to take the same road leading to the abolition
of nuclear weapons ; that the United, Nations General
Assembly is asking all countries involved pass an
epic-making resolution in favor of nuclear disarmament;
that they have asked the Japanese Government: 1) to
strictly observe the three-fold, non-nuclear principal ;
2) to make constructive efforts for the suspension of
nuclear tests, and for global nuclear disarmament; 3)
to build an international medical center for the atomic
bomb survivors, and other victims of radiation exposure;
4) to establish, as soon as possible, assistance programs
for atomic bomb survivors in keeping with the spirit
of national compensation ; 5) and to improve peace
education of school children; and they prayed for the
people of the world and the survivors, asking for world
peace. She stated that she is asking the City to do
the same.
Council Minutes
9-2-87, Page 3
PUBLIC COMMENTS (Continued)
b) Deyna Hodges, 2122 Baristo, stated that the City now
is facing budget cuts and a $2.5 Million deficit, and
requested clarification why the General Fund is loaning
the Community Redevelopment Agency $100,000 to pay the
remaining loan on the Casa Del Camino Hotel , and why
the City is advertising for a Convention Sales Manager,
which she thought was the job of the Convention and
Visitors Bureau.
City Manager stated that the City is hiring staff that
will be responsible to the Convention Center Executive
Director for the operation of the facility; that the
operation of the facility would be the City's
responsibility, as is standard practice in most cities
where the City owns a Convention Center; but that the
long-term marketing of the Center, defined as 18 months,
is handled by the Convention and Visitor' s Bureau. He
stated that the City is hiring a Sales Manager primarily
for the first 18 months, which will be the City' s
responsibility and that many Convention Centers, such
as Anaheim, handle the matter in this way.
c) George Goldberg stated that Palm Springs is losing the
ice skating rink, the bowling alley, Robinson's and
the Braille Institute, due to poor city planning, but
is getting more restaurants; that the City is losing
the swap meet, and, in his opinion, the City does not
want the "low quality" people, but that he still is
a resident; that the City has lost the Recreational
Vehicle element due to poor city planning, and that
now the City might be losing the Welwood Murray Memorial
Library. He stated that he does not thing: Mr. Wessman
or his investors care about the people bui, only about
financial gain. He stated that it is time for a change
in the City government, a change in management, a change
in direction downtown and elsewhere.
d) Roadrunner Reginald Jay, representative for the 50th
Golden Anniversary, presented a scroll to the Council
in celebration of the City' s 50th Anniversary.
LEGISLATIVE ACTION:
3. ORDINANCES FOR SECOND READING & ADOPTION
Assistant City Clerk read titles of the following Ordinances:
a) Ord 1289 re amplified sound devices ; (103)
b) Ord 1290 re P.D. 185, in-lieu of zone change, (103)
' It was moved by Smith, seconded by Foster, and unanimously
carried, Bogert absent, that further readings be waived,
and that Ordinances 1289 and 1290 be adopted.
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Council Minutes
9-2-87, Page 4
4. COURTYARD COMPLEX - 777 E. TAHQUITZ (CASE 3.0097)
Recommendation: 'That Council deny the request of Courtyard
Complex to waive requiring improvements to a commercial
complex located on Tahquitz Way.
Director of Planning stated that conditions of the project
were approved by Planning Commission and reviewed at the
Study Session; that American Diversified previously made
a request to the City Council to either forego, or otherwise
alter the conditions of the approval of the Courtyard Complex;
that a requirement for alteration to the front of the Complex
was developed over a period of time with the former owner,
Herman Kassinger, who sought to find a design solution to
an apparent lack of identity of the Courtyard; that in the
owner' s estimation the project was unable to capture the
market; that the Planning Commission approved the burgundy
awnings, and a new sign program along Tahquitz; that the
condition of approval was that action should be taken to
unify the entire front of the building; that after six months,
Mr. Kassinger asked for a time extension, since negotiations
were under way for the pad on the corner, and subsequently,
for the sale of the entire complex to American Diversified,
who understood the requirements and came to the City with
a design by David Christian Associates fear the front; and '
that the developer posted a $30,000 performance bond to
begin construction work prior to the occupancy of the theatre,
which should occur in the next four to six weeks. He stated
that apparently American Diversified is no longer the owner
of the complex, but is more of a manager, and does not want
to expend additional funds ; that some of the suggestions
at the Study Session were to return the matter to the Planning (111)
Commission for redesign, to uphold the Planning Commission,
or to put the matter on hold for a period) of time, perhaps
a year, to see what effect the opening of the Wyndham Hotel ,
the Convention Center, and the theatres would have on the
economic viability, the market, and the clientele, etc. ,
who will be patronizing the Complex; and that they should
have a better idea of whether to refine the design, change
it, or return the matter to the Council in a year; that
the buildings are complete, the modified landscaping is
complete, and the complex is not under construction, but
the Commission felt that there were problems which might
be resolved by a new design.
Councilmember Foster stated that the issue could be sent
back to Planning Commission with a request that it work
out a better plan with the new owner, but that the City
eventually expects to see a redesign, and hold the bond
until a plan is presented.
Planning Director stated that the owner of record is a bank
which probably is riot in a strong position to direct the
future of the Complex, and he is not sure how long it would
continue to be in that position;, that the City would have
to wait until there is a new owner. He stated that staff
could return to Council at the end of the ;year with a report
of the results of discussions with the owner of the Complex.
Councul Minutes
9-2-87, Page 5
4. COURTYARD COMPLEX - 777 E. TAHQUITZ (CASE 3.0097) (Continued)
Councilmember Apfelbaum stated that it would be reasonable
' to put the matter on hold for a year, at which time there
could be a more committed owner, and the City could analyze
the results of the opening of the Convention Center, the
opening of the theatres, and the vitality that would create;
but that she would prefer putting the matter on hold for
approximately one year.
It was moved by Apfelbaum, seconded by Foster, and unanimously
carried, Bogert absent, that consideration of waiving
requirements of improvements to the commercial complex located
on Tahquitz Way be continued for one year.
5. CITY-WIDE PAVEMENT TESTING AWARD, CP 87-16
Recommendation: That the Council approve an agreement with
LaBelle-Marvin, professional pavement engineering consultant,
for testing and maintenance recommendations for streets
in the City, for $71,200 - Agr #2471.
Director of Community Development stated than: the project
was approved in the Capital Improvements Program and has (136)
been budgeted for; that Steve Marvin, of LaBelle-Marvin,
was at the study session to review the procedures the company
will follow; that 196 lane miles or 475 streets will be
' analyzed; that this is the first strength testing program
for residential streets; that the results of the testing
will lead to a report and recommendations, which staff will
use for the City's long term approach toward maintenance
of existing City streets.
MO 4000 approving Agreement #2471 with LaBelle-Marvin, as
recommended, was presented; after which, it was moved by
Apfelbaum, seconded by Foster, and unanimously carried,
Bogert absent, that MO 4000 be adopted.
6. RIGHT-OF-WAY FOR INDIAN AVENUE STREET IMPROVEMENT, R-87-007
Recommendaton: That the City Council adopt a resolution
setting a hearing date for October 7, 1987, for the adoption
of the Resolution of Necessity to acquire a certain
right-of-way for improving a portion of Indian Avenue.
Director of Community Development stated that the matter (136)
was reviewed in study session; that the property is located
on the west side of Indian Avenue, between Vista Chino and
Via Escuela, and is on a 100-foot wide lot which contains
the Park Lane Hotel , which has not been dedicated for the
widening of Indian Avenue; that a hotel was recently completed
on the south side of the Park Lane Hotel , and a hotel is
' under construction on the north side of the Park Lane Hotel ;
and that staff is negotiating with the property owner, but
has not reached a settlement. He stated a Resolution of
Necessity would allow setting value and setting hearing
on the 7th day of October.
Resolution 16276 of Necessity and setting hearing was
presented; after which, it was moved by Apfelbaum, seconded
by Smith, and unanimously carried, Bogert absent, that
Resolution 16276 be adopted.
Council Minutes
9-2-87, Page 6
7. AIRPORT PARKING LOT OPERATIONS STUDY
Recommendation: That City Council accept the proposal from
Ralph Burke Associates for an Airport Parking Operations '
Alternatives and Financial Comparisons Study in an amount
not to exceed $19,500, Agr #2479.
Director of Transportation and Energy stated that: the matter
was reviewed in study session, and recommended that the (51)
Council accept the proposal from Ralph Burke Associates;
that a new type of operation, or operator„ will be required
in 1z years, and, in anticipation of that, the Airport
Commission requests that the Council authorize a study that
would give the Commission the data and information needed
to make recommendations for future operation of the parking
lot.
MO 4001 approving the proposal of Ralph Burke Associates,
as recommended, was presented; after which, it was moved
by Apfelbaum, seconded by Foster, and unanimously carried,
Bogert absent, that MO 4001 be adapted.
8. CONVENTION CENTER - AUDITORIUM SEATS
Recommendation: That the City Council approve the purchase
of 400 auditorium seats for the Palm 'Springs Convention (139)
Center from Seating Concepts, San Diego, in the amount of
$42,440 per bid number CC-8703. '
Purchasing Manager stated that the recommendation includes
a number of changes, at no additional cost, that were proposed
by the architect, and which were reviewed in study session;
that staff is particularly proud of the recommendation,
since it appears that the low bid item is superior to the
recommended bid, which is the high bid item„
MO 4002, awarding the purchase, was presented; after which,
it was moved by Apifelbaum, seconded by Foster, and unanimously
carried, Bogert absent, that MO 4002 be adopted.
ADDITIONAL LEGISLATIVE ITEMS:
9A. JOINT POWERS AGREEMENT
Recommendation that City Council approve a joint powers
agreement between the City of Palm Springs and the cities
of Fairfield, Rancho Cucamonga and Santa Rosa, Agr #2472.
Director of Finance stated that this item was reviewed in
study session ; that the City has a chance to form a joint
powers agreement with the Cities of Fairfield, Rancho
Cucamonga and Santa Rosa; that the purpose of 'the authority
would be to issue bonds and form a pool of money, which
would be set aside; that the money could be used to purchase
securities issued by cities in the form of a bond issue,
and could be loaned out at current interest rates; that
the first issue probably would be $2 Million; that the City
would have no liability on its credit rating, since the
Authority would be the one issuing the bonds; that there
Council Minutes
9-2-87 Page 7
9A. JOINT POWERS AGREEMENT (Continued)
would be four board members, and as a charter member, Palm
Springs would be represented by the Finance Director on
the Board; that the City would have a say over who receives
that money; and that if the City does anticipate another
' bond issue, the Joint Powers Authority would be of great
benefit.
Councilmember Birer stated that, for clarification, the
money will not cost the City while it remains in the fund,
and that it will draw interest which wilB cover costs,
including the bond costs.
Resolution 16277 approving, authorizing and directing the
execution of a joint powers agreement, as recommended, was
presented; after which, it was moved by Apfelbaum, seconded
by Smith, and unanimously carried, Bogert absent, that
Resolution 16277 be adopted.
9B. CASA DEL CAMINO (See Public Comments b)
City Manager stated that the loan from the City to the
Community Redevelopment Agency, for final payment of the
acquisition of the Casa Del Camino Hotel , is clearly the
least expensive method to accomplish a specific job that
Council previously deemed appropriate.
Director of Redevelopment stated that the Hotel is located (116)
on North Palm Canyon, between the Stevens Reservoir site
and another vacant property which, if combined in the future,
' would comprise approximately 3 acres that the Agency thinks (124)
could become a very viable piece of property; that the
property was appraised at $600,000 when purchased for
$575,000; that the North Palm Canyon Project Area Committee
and the Economic Development Commission recommend the
acquisition. He stated that the Agency leased the property
to Ted Holmquist who manages the property, and has spent
$50,000 on rehabilitating it as a four-year holding action;
that the Agency searched for sources for a loan, and the
Bank of America agreed to loan it $175,000 at 11. 5% interest;
that the General Fund pay 7. 5% interest, and staff thinks
it inappropriate to borrow money from the bank, and would
rather give the City's General Fund the 4% interest
(difference between the 7.5% and 11.5% offered by the bank) ;
and that in the first year the City's General Fund would
earn $6,300, and probably would earn about $18,000 over
the life of the project.
- Councilmember Birer stated that it is a logical and proper
use of the powers of the Redevelopment Agency; that it is
better to give the profits to the General Fund; and, that
there would have been a one-point service charge for the
bank loan, which the Agency is not going to have to pay,
and that both the Redevelopment Agency and the City benefit.
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Council Minutes
9-2-87, Page 8
ADDITIONAL LEGISLATIVE ITEMS (Continued)
9C. (See Public Comments b)
Councilmember Birer stated that, relating to the advertisement
for a sales manager for the Convention Center, there is '
a division of responsibility between marketing for the long
term of 18 months or more for conventions and major meetings,
and the short term (the present to 18 months) ; that the
short term is used for meetings, shows, and fairs, and things (139)
of that type, to fill the Convention Hall when there are
no major conventions; and that in approximately the first
year of the Center's existence, until the City does obtain
conventions, the preliminary sales record will be what: keeps
the convention hall operating properly, and serving the
community.
CONSENT AGENDA:
10. Res 16278 authorizing destruction of certain records of (86)
the Finance Department.
11. Res 16279 amending the Comprehensive Fee Schedule to increase (114)
the purchase price for the Zoning Ordinance to $37.50.
12. Res 16280 amending the Comprehensive Fee Schedule to adjust (114)
the cesspool dumping fee to $35 per 1,250 gallon load for
properties within the City, and $70 per laud for properties
outside the City.
13. MO 4003 approving Change Order #1 (Final ) with Massey Sand '
& Rock for reconstruction of Sunrise Way/Laverne Way and (136)
resurfacing of Laverne Way and Amado Road.
14. MO 4004 awarding bid to purchase Asphalt Rubber Crack-Sealing
material to Crafco, Inc. , Chandler, AZ, low bidder, in the (84)
amount of $. 169 per• delivered pound.
15. MO 4005 approving purchase of a Records Management System
for the City Clerk's office from CMSI for $30,000 and addendum (117)
to Agr #2319 to add monthly maintenance of said system at
$450 per month; and Res 16281 amending the budget to
appropriate an additional $11,274, which includes additional
funds for terminals and related hardware.
16. Res 16282 approving Riverside County Change of Zone 4975
from Wind Energy (W-E) to Controlled Development (W-2 and (123)
W-2-10) for property located north of 1:-10, outside the
Sphere-of-Influence.
17. Res 16283 approving recommendation to Riverside County that
plot plan 9735 not be approved for• property located on Garnet (123)
Avenue, south of I-10 and west of Indian Avenue, within
the City's Sphere-of-Influence, TPM 21921, (Case 20. 102) .
Councilmember Foster stated that although the item should
not be removed from the Consent Agenda, the County should
be aware that the issue has previously been discussed, and
the Planning Commission is opposed to the development as
planned; and, that the Council has reservations which are
set forth.
Council Minutes
9-2-87, Page 9
CONSENT AGENDA (Continued)
18. Res 16284 approving the supplemental agreement for Riverside (85)
' County for the use of the CDBG funds, Agr #2473.
19. Res 16285 authorizing the City Clerk to accept the Deed
from the Parks, Open Space and Trails (P.O.S.T. ) Foundation, (136)
of the property for E1 Cielo Road.
Councilmember Foster stated that, although he did not want
the item removed from the Consent Agenda, lie would like
the County to be aware that P.O.S.T. is asking the City
to accept the deed; and that P.O.S.T. has worked very hard
to obtain the property.
20. Res 16286 approving a second 12-month time extension for
TTM 18087, Andreas Hills Inc. , for subdivision of 50
single-family lots, and one 0-20 zoned lot located on Bogert (137)
Trail Bridge, Fred Razzar.
21. MO 4006 awarding a one-year contract to Moser Landscaping
for landscape maintenance of Parkway Maintenance Districts,
6A, 6B and 6C, Desert Dorado, Camelot Villas and Rancho 138)
Park Estates in the amount of $22,560, Agr #2474,
22. MO 4007 awarding bid to purchase Slurry Seal Emulsion to
Western Emulsion, Inc. , Irwindale, low bidder, in the amount (136)
' of $144.32 per delivered ton.
23. MO 4008 awarding bid to purchase one (1) 1-Ton Flatbed Truck
for $13,044.66, and one (1) 1-Ton Dump Truck for $15,196.48 (84)
to Mac Magruder Chevrolet, Palm Springs, low bidder.
24. MO 4009 approving a Taxicab License Agreement with Desert
Transportation, Inc. , dba Desert Cab, for a five-year (5-yr) 143)
period, Agr #2475.
25. MO 4010 awarding an architectural design contract to
Interactive Design Corporation in the amount of $47,600, (51)
plus reimbursements, for design of an expanded Airline Baggage
Handling Area, Agr #2476.
26. MO 4011 approving Amendment No. 3 to Indenture of Lease
Agr #612 between the City of Palm Springs and Air Terminal (51)
Services, Inc.
27. MO 4012 awarding contract to J.M. Builders for the
construction of an Airport Janitorial Storage Room for $7,989, (51)
Spec #88-2346, Agr #2477.
28. MO 4013 awarding bid to purchase Slurry Seal aggregate to
' Beaumont Concrete of Beaumont, low bidder, in the amount (136)
of $8.69 per delivered ton.
29. MO 4014 awarding bid for one (1) 1500 G.P.M. Fire Pumper
to Beck Fire Apparatus, Cloverdale, CA, low bidder, in the (84)
amount of $180,912.32; and Res 16287 amending budget in
like amount.
30. MO 4015 approving lease agreement with the Greater Palm
Springs Convention & Visitors Bureau for Airport visitor (50)
information space, Agr #2478.
Council Minutes
9-2-87, Page 10
CONSENT AGENDA (Continued)
31. MO 4016 awarding bid for printing of a Three Panel Pocket (73)
Folder, P.S. Public Library' s literacy information '
dissemination project.
32. Res 16288, 16289, 16290, 16291, and 16292, approving Payroll
Warrants and Claims & Demands. (86)
It was moved by Foster, seconded by Apfelbaum, and
unanimously carried, Bogert absent, that Resolutions 16278
through 16292, and Minute Orders 4003 through 4016 be
adopted.
ADDED STARTERS - None
REPORTS & REQUESTS:
33. DEPARTMENTAL REPORTS - Receive and ordered filled
a) Library Annual - 1986/1987 (99)
34. CITY COUNCIL Reports or Requests
a) Councilmember Foster commended the staff on City street
work accomplished during the summer, and for confining
construction to the summer months.
35. PUBLIC Reports or Requests - None '
36. STAFF Reports or Requests - None
ADJOURNMENT
There being no further business, Mayor pro tem declared
the meeting adjourned to Tuesday, S tember �8, 1987, at
2 p.m. , in the Council Chamber. �
�JUDITH SUMICH
City Clerk
By: PATRICIA JONES
Assistant City Clerk
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