HomeMy WebLinkAbout9/16/1987 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
SEPTEMBER 16, 1987
A Regular Meeting of the City Council of the City of Palm Springs,
was called to order by Mayor Bogert, in the Council Chamber, 3200
Tahquitz-McCallum Way on Wednesday, September 16, 1987, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Apfelbaum, Birer, Foster,
Smith and Mayor Bogert
Absent: None
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with
Council policy on September 11, 1987.
The meeting was opened with the Flag Salute and a Moment
of Silence.
EMPLOYEE RECOGNITION AWARDS:
Mayor presented Employee Recognition Award for the last
quarter to Bob Morgan, Fire Department. (74)
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned
for the purpose of convening as the Community Redevelopment Agency.
APPROVAL OF MINUTES:
It was moved by Birer, seconded by Smith, and unanimously
carried, that the Minutes of August 5, 1987 be approved.
PUBLIC HEARINGS:
I. C.U.P. 5.0448 - LIBERACE FOUNDATION
Recommendation: That the Council approve a Conditional
Use Permit to convert the Liberace residence into a museum,
226 W. Alejo Road, Section 10.
Planner Williams reviewed Memorandum of Director of Community
Development, dated September 16, and stated that an agreement
with the Redevelopment Agency would be required to allow
lease of 20 parking spaces on the Agency' s adjacent parking
lot; that four letters of protests were submitted to the (78)
Planning Commission, and a letter in support from the Desert
Motel and Hotel Association; that staff recommended approval ;
that it would be 60-90 days before the facility would be
operational ; that a 90-day review period would commence
upon operation of the facility; that the method for selling
tickets has not been resolved, however, advanced sales are
contemplated; and that tours would consist of 15 people,
lasting 45 minutes.
Councilmember Foster stated that he has a contractual rela-
tionship with the project, and would abstain from discussion and voting.
Mayor declared the hearing opened.
Council Minutes
9-16-87 Page 2
1. C.U.P. 5.0448 (Continued)
James Cioffi , architect for the project, offered to answer
any questions.
Henry Frank, 550 Cahuilla, stated that he resides one block
away, and opposes the project.
Ralph Bernstein, attorney for Mr. Frank, stated that there
is nothing about the project in terms of practical diffi-
culties or undue hardship to grant a variance; that the
property is properly zoned R-1-A; that a museum is a public
purpose and has nothing to do with residential property;
and that the project is a "shrine" and not a museum, and
will establish a precedence for anyone with estates in excess
Of $600,000 to turn their home into a museum; that museums
require City services; that tour buses, noise, and traffic
is an intrusion into the residential area, and the project
could not have been allowed if it were not for the Redevelop-
ment Agency's parking lot; and that a museum 'or all celeb-
rities in Palm Springs would be more fitting, perhaps south
of Ramon, west of Palm Canyon. He commented on the execution
of the Liberace will , and the trust created, which he believed
to be for the purpose of saving the estate from taxes, and
to create a nebulous foundation to form the Liberace museums;
and that the estate is in litigation.
Bob Rudnick, 573 Cahuilla, spoke in opposition, and stated
that the Council should not approve an intrusion of a commer-
cial venture into the neighborhood. He challenged the "maybe"
and "no" responses to four questions in the Environmental
' Assessment, in particular, that noise will increase because
of the tour buses; that there will not be sufficient parking
if there is one-half or one-fourth of the 150,000 people
who annually attend the Liberace museum in Las Vegas; that
additional police and other services will be required to
protect pedestrians, clean up trash, etc; and that if the
Council determines that there is no adverse environmental
impact, he questioned how then can a person be protected;
that if the Council approves the project, it will have decided
that the rights of the tourists outweigh those of its resi-
dents; and that a U.S. Supreme Court decision suggests
that if regulation of property results in decreasing property
value, it constitutes the taking of property, and the affected
party may seek recovery of damages.
Seymour Lazar, 344 Hermosa Place, stated his opinion that
the project is premature, since the will is being contested;
that approval will immediately degrade the property values,
and a more definitive EIR should be completed.
Stuart Barton, 444 Chino, stated that two blocks around
the site will be severely impacted, including increasing
hazards to children, and increasing volumes of traffic in
the neighborhood.
' Pauline Smith, 749 Prescott, spoke in Opposition, and stated
that the Belardo Road/Alejo Road intersection is already
a dangerous location for traffic.
b d Council Minutes
9-16-87 Page 3
1. C.U.P. 5.0448 (Continued)
Rishka Fairchild, 221 Merito Place, stated that it was
reported at the study session that there is interest in
establishing a bed and breakfast on property next door,
and the concerns for the neighborhood remain the same; that
36 cars were parked in the adjoining parking lot on Tuesday, '
at 4:30 p.m. , and she questioned that if it was being used
to that extent at this time of year, how 20 spaces could
be earmarked for the museum, and how that number would be
sufficient; that nothing has been said about restroom facili-
ties, trash containers and where they will be placed, and
if the building is structurally sound for such an operation,
considering it is very old. She stated that landscaping
maintenance around and near the sidewalk is not being main-
tained; that there are many celebrities who have done a
lot for the City, and perhaps there should be a Hall of
Fame, but not in a residential zone; that, she is concerned
about privacy in the neighborhood; and that settlement of
the estate and related affairs ar•e in litigation, and action
should be delayed until the cases are settled.
Jack Morla, 333 Merito, also expressed concern regarding
traffic, particularly at Belardo and Alejo Road.
There were no further appearances, and the hearing was closed.
Councilmember Smith stated that he thought the property
was R-2, since at one time it was a hotel ; that he was excited
about the project, but a decision might: directly affect
a prime residential area; that the Planning Commission was '
not unanimous in its decision; and that the comments expressed
in the hearing ar•e very germane, and support rejecting the
project.
Councilmember Apfelbaum stated that she, too, had thought
the project would be a good idea and was tourist oriented,
however, she was persuaded by some of the discussion, particu-
larly the environmental assessment comments, to proceed
slowly.
Councilmember Birer stated that Mr. Bernstein' s points were
well taken, and he agreed that it would be difficult to
see how such a use could be allowed in an R-1; that he has
changed his position; and that the project should either
be postponed, or denied.
It was moved by Birer, seconded by Smith, and unanimously
carried, Foster abstaining, that the Planning Commission
decision be overruled, and that the C.U.P. be denied.
PUBLIC COMMENTS:
a) George Goldberg stated that he mailed 1,000 letters
concerning storage of RVs and boats; and commented on
the Mayor's pronunciation of his name, and his opinion '
of the Mayor.
LEGISLATIVE ACTION:
Council Minutes Gl
9-16-87 Page 4
2. MUNICIPAL CODE AMENDMENT - ANIMAL CONTROL
Recommendation: That the Council amend the Municipal Code
to establish an administrative hearing procedure to determine
if a dangerous animal should be humanely destroyed; to extend
quarantine provisions to animals which have been bitten (103)
' by other animals; and to provide registration of an authoriza-
tion to keep wild animals. City Attorney reviewed his report,
dated September 16, 1987.
City Clerk read title of Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, AMENDING TITLE
10 OF THE PALM SPRINGS MUNICIPAL CODE TO PROVIDE FOR AN
ADMINISTRATIVE HEARING RELATIVE TO THE DISPOSITION OF
DANGEROUS ANIMALS, AND TO EXTEND QUARANTINE REQUIREMENTS
TO ANIMALS WHICH HAVE BEEN BITTEN BY OTHER ANIMALS.
It was moved by Apfelbaum, seconded by Foster, and unanimously
carried, that further reading be waived, and that the Ordi-
nance be introduced for introduction and first reading
3. AIRPORT NAME CHANGE
Recommendation: That the Council approve a name change
for the Airport to "Palm Springs Regional Airport".
Director of Transportation & Energy reported r.hat the main (51)
reason for the change relates to concerns about attracting
tourists; that travel planners attach a stigma to "municipal
airport" and a connotation that less major air service is
' provided to it, which is contrary to what actually happens
in Palm Springs; and that the name change does not change
it from a municipal airport to a regional airport, per se.
Resolution 16294 approving name change, as recommended,
was presented; after which, it was moved by Birer, seconded
by Apfelbaum, and unanimously carried, that Resolution 16294
be adopted.
4. SOFTWARE, HARDWARE & RELATED FOR CONVENTION CENTER
Recommendation: That the Council approve the purchase of
computer software for the Convention Center from Trident
Data Systems and Telenomics Inc. , and data processing services
from CMSI under two addenda to Agreement 2319, and related (117)
hardware from various vendors, in the aggregate sum of
$124,536, plus $1,872 per month for maintenance. This item
was reviewed in study session; and Convention Center Admini-
strative Assistant stated that it will enable implementation,
data entry, and personnel training on three systems, Agr
N2487 through 2492.
Minute Order 4019 approving (6) agreements and (2) addenda
to CMSI Agr 2319, as recommended, was presented; after which,
' it was moved by Foster, seconded by Smith, and unanimously
carried, that Minute Order 4019 be adopted.
5. Not Used
Council Minutes
9-16-87 Page 5
° CONSENT AGENDA:
6. Res 16295 approving a loan of $180,000 to the Redevelopment (61)
Agency for the final payment of the trust deed on the Casa del
Camino Hotel (PA6); and Res 16296 amending the budget in like
amount.
7. Res 16297 amending the budget to appropriate $5,500 to fund (61)
third appraisal on the Welwood Murray Library.
8. MO 4020 authorizing an increase in compensation for Isbill Associ-
ates for the engineering design, and construction inspection (51)
of Change Orders 1-3 on the South Airport Ramp Project for
$36,013, Agr N2128.
9. MO 4021 awarding contract to Paul Garner Corporation for the (130)
installation of traffic signals at Gene Autry Trail and Vista
Chino for $109,973, CP 86-10, Agr #2482.
10. Res 16298 approving Supplement No. 8 to Agreement N1459 with
CalTrans relative to conditions to be complied with during con- ( )
struction of Gene Autry/Vista Chino traffic signal FAU project.
11. MO 4022 approving funding of the Retired Senior Volunteer Program (104)
(RSVP) for FY 1987/1988 for $9,239. (Closer look to be taken
at future year's requests)
12. Res 16299 approving a Sewer Construction Refund Agreement with
the U.S. Postal Service, for sewer main constructed in Calle (128)
Encilia, from Andreas Road to a point approximately 340 feet
north, Agr #2483.
13. MO 4023 approving agreement with the School District to provide
a full time Police Officer on the High School campus for the
1987-88 school year at $28.67 per hour, for an estimated annual (126)
amount of $41,973, Agr N2484.
14. MO 4024 awarding bid to Matich Corporation for purchase of Hot (136)
and Cold Mix Asphalt in the amounts of $26.40 per ton for 1/2"
Hot Mix, $26.40 per ton for 3/8" Hot Mix, and $26.40 per ton
for Cold Mix.
15. MO 4025 awarding bid for Rope Play Structure to Moore Recreation
& Park Equipment, low bidder, for $12,219. 40. (84)
16. Res 16300 and 16301 approving payment of Payroll Warrants and Claims & Demands. (86)
17. MO 4026 approving purchase of computer hardware and related
maintenance contracts for implementation of a Fire Department (1'l7)
automated information management system, for $22„417; and MO 4027A
authorizing acquisition of software sub-license and training
from Bensmiller Computer Systems, Inc. , for $10,000; and Res 16302
amending the budget, for $3,132.
18. Motion concurring in CPA actions 486 through this date. (124)
It was moved by Smith, seconded by Apfelbaum, and unanimously '
carried, that Resolutions 16295 through 16302 and Minute
Orders 4020 through 4027 and 4027A, and motion in item 18,
be adopted.
Council Minutes
9-16-87 Page 6 `� �)
19. VINTAGE GRAND PRIX
Recommendation: That the Council approve an agreement with
the P.S. Chamber of Commerce for the 1987 Vintage Grand
Prix to be held as a special event at the P.S. Municipal
Airport November 20-21, 1987 , Agr #2481.
' Director of Transportation stated that the Airport Commission ( )
was split in its vote to recommend approval , based on whether
a condition should be added, which will be accomplished
in any event, since the race proponents will meet with the
Airport tenants affected, and, in particular, if the major
tenant will not allow use of its leasehold space, the race
cannot proceed.
Minute Order 4027 approving the agreement, was presented;
after which, it was moved by Smith, seconded by Foster,
and unanimously carried, that Minute Order 4027 be adopted.
20. O'DONNELL GOLF COURSE - COLER UTILITY EASEMENTS EXCHANGE
Recommendation: That the Council approve an agreement for
grant of utility and sewer easements, and related rights
over O'Donnell Golf Course land, and grant of land to
O'Donnell and the City. (Upon unanimous approval , it was
' determined at the study session, September 15, 1987, that (92)
the need for action occurred subsequent to the posting of
the Agenda for the meeting.
City Attorney reviewed the purpose of the documents, and
' stated that this matter was reviewed in detail at the study
session, and question was raised whether any easement should
be granted in terms of the ultimate use of the property;
that it was determined that three members of the Council
have a conflict of interest as members of O'Donnell , and
a random selection determined that of the three, Councilmember
Foster would participate in the decision.
Councilmembers Apfelbaum and Birer abstained From discussion
and voting.
John Shoenberger, stated that a similar action was desired
ten years ago, that a lot line adjustment was proposed because
20 feet of the golf course crossed the property line; that
Mr. Coler discovered the action was never consummated; that
in bringing it together, Mr. Coler desired other actions
which were included in the proposed agreement; that it is
critical the utility work be done while the Golf Course
is closed for reseeding, if he is to complete his project
this year. In answer to question by Council , he stated
that it was not intended that the easement interfere with
the development of the property, and language possibly could
be developed; and that the City receives little benefit
from the easement.
City Attorney stated that language could be included to
require the owner to relocate the utilities at his expense,
similar to utilities within streets when developments require
relocation; that the cost would have to be borne by the
City if a relocation was necessary after the utility company
purchased or otherwise acquired the easement.
y1 Council Minutes
9-16-87 Page 7
20. O'DONNELL (Continued)
In answer to question by Council , Mr. Coler stated that
none of the utility companies would have the right to the
easement.
Mr. Shoenberger stated that he represented the O'Donnell '
Golf Club, and that approval of the agreement does not affect
the City's discretionary control over the property; that
language should be added to address relocation in event
the easement became a problem for the property; and that
the Club would not; object to such language.
It was moved by Smith, seconded by Foster, and unanimously
carried, that the actions as recommended be approved, subject
to additional language in the agreement that future relocation
of utilities within the easement, as a result of golf course
development, shall be at the expense of owner of the Coler
property.
Mr. Coler stated that he did not consider it an incidental
benefit to the City; and that he did nott think he should
have to pay for future relocation of utilities if the golf
course property is otherwise developed.
,
City Manager stated that the Council ' s concern relates to
protection of a City asset; that it is difficult to conceive
of action that would trigger the condition of relocation
in less than 56 years, but it would be unwise to commit
the property in a manner that could not easily be undone.
City Attorney stated that the Council is acting as a landowner ,
and not in a governmental capacity, and planning considera-
tions would still have to be taken into account.
In answer to comment by Mr. Coler, City Attorney stated
that specific language would have to be developed, however,
the intent is that if location of the easement is not com-
patible with plans for the ground surface, it would have
to be moved to accommodate the development on the surface,
but not necessarily totally off of the property.
Mr. Coler stated that he would accept such language.
Councilman Foster stated that he did not favor allowing
use of the easement for other than the Coler residence,
because he was concerned about hillside development.
It was moved by Smith, seconded by Foster, and unanimously
carried, Apfelbaum and Birer abstaining, that the original
motion be amended, to approve Resolution 16303, subject
to conditions that the agreement be written to include that
costs associated with future relocation of the easement
be that of the Cofer property owner; that 'the easement shall
be limited to use by the Colers; and that the easement shall
be limited to use for the Coler residence only. '
REPORTS & REQUESTS:
20. CITY COUNCIL reports or requests - None
21. PUBLIC reports or requests - None
22. STAFF reports or requests - None
Council Minutes
9-16-87 Page 8
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to Tuesday, September 22, 1987, at. 3 p.m. , in
the Large Conference Room, City Hall .
UDITH SUMICH
City Clerk