HomeMy WebLinkAbout5/4/1988 - MINUTES CITY OF PALM SPRINGS ri
CITY COUNCIL MINUTES
MAY 4, 1988
A Regular Meeting of the City Council of the City of Palm Springs,
California, was called to order by Mayor Bono, in the Council
Chamber, 3200 Tahquitz-McCallum Way, or Wednesday, May 4, 1988,
at 7:30 p.m.
ROLL CALL: Present: Councilmembers Apfelbaum, Broich, Foster,
Neel and Mayor Bono
Absent: None
The meeting was opened with the salute to the Flag, and a moment
of silence.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: The agenda was posted in accordance
with Council policy on April 29; three items were added.
COMMUNITY REDEVELOPMENT AGENCY: Chairman declared the meeting
adjourned for the purpose of convening as the Community Redevelop-
ment; after which business resumed.
APPROVAL OF MINUTES:
It was moved by Foster, seconded by Apfelbaum, and unani-
mously carried, that the Minutes of April 16, 19, and
20, 1988 be approved.
PUBLIC HEARING:
1. FISCAL YEAR 1988-89 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
Recommendation: That the Council hold the second required
public hearing and receive public comment on the allocation
of Fiscal Year 1988-89 Community Development Block Grant
Funds.
City Manager reported that the Memorandum of Director
of Community Development was reviewed in detail at the
last study session; that the matter was reviewed at the
last meeting, at which requests were made by the community;
and stated that the purpose of the hearing is to receive
more specific suggestions, and final action will be taken
at the next meeting. He noted that the DARE program is (85)
not eligible for the CDBG funds.
Economic Development & Housing Specialist reported that
since the last meeting, staff has met with representatives
and looked at the requests in terms of eligibility, readi-
ness to begin and complete the project within the year,
and priority; and has recommended the allocation of funds
as detailed in the Director' s report, for the reasons
noted.
Mayor declared the hearing opened.
Leonard Henderson, 8020 Vista Grande, La Quinta, Riverside
County Coalition for Alternatives to Domestic Violence,
urged that the Council support the operation of a shelter
for victims of domestic violence. He recited statistics
which demonstrate the need for the shelter, temporarily
located in Indio, and the number of persons served in
Palm Springs; he requested that if the City did not wish
to support the full request of $16,459; that it support
$6,720.
Council Minutes
5-4-88 Page 2
1. CDBG (Continued)
Florence Ambler Klaussen, 1027 San Lucas, also spoke in
support of RCCADV.
Rosemary Sweet, Catholic Charities , distributed information
supporting request to support operations of the shelter
for the homeless; and Joanne D'Amico of the County Housing
Authority also spoke in support of the request.
Alissa Danilly (sp?) advisor for the Housing Authority,
spoke in support of continued funding for the Fair Housing
Component of the program, which she stated is a fixed
aspect of the block grant. She detailed the work of the
program, and offered to forward copies of the County-wide
task forte' s efforts, and noted that local residents John
Mealey and Ray Hutchison serve on that task force.
Betty Beadling detailed prior commitments with the Senior
Center, and spoke in support of" upholding those commitments.
Cora Crawford, 560 Las Vegas Road, stated that low income,
fixed income, and single-parent households cannot afford
an assessment for continued maintenance if beautification
is installed; that if the entire area cannot be
accomplished, at least the outskirts should be done i .e. ,
Tramview and Las Vegas Road; and questioned why proceeds
for the Utility Tax could not be used for on-going
maintenance.
Juanita Haskue (sp?) 394 Las Vegas Road, stated that she
is on a fixed income, and many residents in the Desert
Highland area are concerned and afraid because of drug
problems, and the-selling of drugs• in the neighborhood.
Rosemary Sweet, Catholic Charities, offered whatever
assistant they could provide to meet with the neighborhood
or others, and rioted that there is a well-qualified chemical
dependent counselor on site in the neighborhood, and that
the issue of poverty cannot be addressed until the open
selling of drugs in Desert Highland Park is addressed.
There were no further appearances, and the hearing was
closed.
No action to be taken at this time.
2. TPM 23123 - PETER McKERNAN
Recommendation: That the Council approve Tentative Parcel
Map 23123 to combine three lots into one parcel for property
located on the north side of Vereda Del Sur, south of
Via Las Palmas and east of Camino Del Mirasol . (119)
Director of Community Development reviewed his report,
which was reviewed in detail at; the last study session.
Mayor declared the hearing opened; there were no appear-
ances, and the hearing was closed.
Councilmember Foster stated that he would abstain, due
to a client relationship.
Res 16454, approving the TPM, as recommended, was presented;
after which, it was moved by Apfelbaum, seconded by Neel ,
and unanimously carried, Foster abstaining, that Resolution
16454 be adopted.
Council Minutes
5-4-88, Page 3 n
PUBLIC COMMENTS:
a) Greg Moran, 475 N. Palm Canyon, submitted a copy of
an APCOA interoffice memo (which he referred to at
the end of the meeting under Public Comments as evidence
of the company's uncooperative attitude with the City) , (51)
and urged that the concession be put out to bid, and
not extended 18 months. He also commended the Airport
Commission for its rethinking of the landscape plan
for the loop road.
b) Peter Shapiro, 344 San Domingo, stated that the Rent
Review Commission 's recommendation was not properly
presented; that it should require an affirmative vote
of three members, and not two of a quorum, which he ( 85 )
considered to be a minority vote of the Commission;
and that the Desert Political Action Association objects
to the City Attorney's recommendation.
c) Emile Duvernay, 640 N. Hermosa, read a letter from
the League of Women Voters, a copy of which is on (98)
file with the City Clerk, regarding support of SB1719.
d) Ruth Licata, 530 N. Calle Marcus, read a letter she
wrote to the Governor, also regarding SB1719, a copy (98)
of which is on file with the City Clerk.
e) George Goldberg, commented regarding the prohibition
of parking RVs and boats in residential areas, and
what other communities are doing that Palm Springs
might use as an example to follow; and questioned
why funds were used for a parking consultant, when
the Redevelopment Director could have asked the
merchants about the parking problem.
f) Percy Aucoin, 131 Calle de Collado, Secretary of the
Desert Political Action Association, stated that three
minutes is not long enough for some issues to be
presented to the Council , particularly, those of
organizations, or on behalf of groups of people; and
that it would be a "game" for people to trade time,
in order to achieve the same result.
g) Carolyn Toenjes, 1863 Park Drive, announced the annual
Mothers for Peace picnic in the park, on Mother's
Day, May 8, at De Muth Park.
h) Anita McKinney, 3523 Paseo Barbara, stated that she
was insulted at having been served a summons concerning
the parking of her RV, as an "unsightly motor vehicle,"
and stated that it has a value of $75,000-$100,000,
tht she did not consider it unsightly, and questioned
the City's selective enforcement practice.
i ) Pauline Smith, 749 Prescott Drive, owner of a business
at 278 N. Palm Canyon, expressed concern about the
content of inscriptions on T-shirts in windows downtown.
Council Minutes
5-4-88 Page 4
j) Deyna Hodges, 2122 E. Baristo, Rent Review Commissioner,
stated that she had previously suggested that the Council
meet with the Commission to discuss the proposed
Ordinance changes; that she 5elieved there was a lack
of communication between the City Attorney's Office
and the Commission; that the Commission has not
verbalized its position to the Council ; that an ordinance
requires a 4/5 vote of the Council , and matters which
are brought to the Council from the Commission primarily
relate to ordinance changes, and should require a
majority vote of the full Commission; that she considered ( 85)
a 2-1 vote (representing a quorum of 5) as a minority
vote; that the Council should give it further
consideration, and give the Commission an opportunity
to present its side; and that the Commission was not
aware the matter would be returned to the Council at
this time.
k) Commercial Development Moratorium & CVB Spending:
Frank Tyson, Casa Cody Hotel , submitted a copy of
a petition which concerned residents may circulate,
if necessary, to call a moratorium on commercial and
hotel development; that a number of merchants and
hoteliers are concerned about vacancy factors, and
"overbuilding" in the City; that the CVB should be
directed to immediately stop spending funds to advertise
the down-valley areas; that the City needs to promote
what is already here, and to decide what it wants (50 )
to be.
Lynne Ludwick, Pzazz, spoke in support of a moratorium,
and stated that a downtown plan is needed; that she
is concerned whether her business will survive; that
there are parking problems; that facilities are
scattered, e.g. , restaurants at both ends and none
in the middle; and that B .S. will either be a "TJ"
or a "Beverly Drive. "
Ramon Hernandez, 420 Patencio, President of the Downtown
Business Improvement Association, stated that he does
not support: a moratorium at this time; that there
are 122 vacancies on Palm Canyon, which is a serious
problem, and it will get worse; that he believes the
problems can be solved through the City, and creative
citizens; and there needs to be a meeting to start
that problem solving immediately. He also stated
that some positive steps have already been taken.
Jerry Ranson, 1533 Chaparral , stated that his hotel
is empty, and something must be done about the vacancy
factors for hotels and business rentals; that there
are down-valley members on the Executive Board of
the CVB, making decisions about spending room tax
dollars raised in Palm Springs, and they are not doing
much to help fill up the "Small Discoveries" hotels;
and the CUB should be directed to stop spending funds
down-valley.
Jim Diamond, Morningside Inn, stated that he was opposed
to the Greater Palm Springs CVB spending Palm Springs
room taxes down-valley; and that if down-valley business
wants to be included in CVB advertising, they should
pay up-front and not be given a three year grace period
in which to join.
LUMIL,I I 1'I InU Leb
5-4-88 Page 5 [Y
Bill Hillagosh (sp?) , 480 Via Ensenada, owner of 500
Arenas, agreed with Mr. Tyson, and stated that he
was concerned about "favorites being played" and
referred to Hertz selling used cars, which the Zoning
Ordinance prohibits unless in conjunction with new
car sales; and how long it Lakes to remove an illegal
sign in some areas.
Henry Frank stated that "moratorium" is a bad word,
and agreed that there needs to be a plan for downtown,
and felt confident that the city' s staff was capable
of bringing that about.
Dr. Friedman, 449 E. Arenas, stated his opinion that
there are 25 people in town who want to see a high
vacancy factor so they can "scoop up" all of the
property, and build the kind of city they want.
City Manager stated that the CVB merger has been
discussed for some time; and as part of the bylaws
amendment, it was hoped the other cities would meet
the current level of funding - 3t - and there is about
1z years remaining in which that must happen, otherwise
Palm Springs would no longer participate, and all
of its funding would be limited to Palm Springs.
Mayor stated that the Council recognizes these are
real concerns and issues which must be addressed,
although it may not be able to jump as fast as people
would like to see things happen.
1 ) M. Heesy, 523 S. Calle Santa Rosa, questioned why
the City does not have sidewalks in older residential
areas. City Manager explained that new developments
are responsible for installing sidewalks, and older
areas are usually accomplished through assessment
district proceedings.
m) Sandy Campbell , 2500 E. Palm Canyon, questioned why
city employees are not required to reside in Palm
Springs. City Manager stated that California Law
prohibits such a requirement.
n) Sid Phillips, 234 Lei Drive, commended the Mayor on
his presiding over the meeting.
LEGISLATIVE ACTION:
3. AIRPORT OUTBOUND BAGGAGE/RESTROOM CONSTRUCTION CONTRACT AWARD
Recommendation: That the Council award contract to
J. Murrey Construction, Inc. in the amount of $332,000,
for the construction of outbound baggage facilities and
Concourse restroom remodel , CP88-04. (51)
Director of Transportation and Energy reviewed his report,
and the result of bids, which were reviewed at the last
study session - A2559.
MO 4150, awarding contract, as recommended, was presented;
after which, it was moved by Foster, seconded by Apfelbaum,
and unanimously carried, that MO 4150 be adopted.
Council Minutes
n 5-4-88, Page 6
4. AIRPORT LOOP ROAD CONSTRUCTION CONTRACT AWARD
Recommendation: That the Council award contract of the
Airport Loop Road Project in the amount of $2,544,146
AIP 3-06-0181-08, CP88-01, to Matich Corporation, subject
to receipt of a grant from the Federal Aviation Administra-
tion.
Director of Transportation and Energy reported that this (51)
matter was reviewed in detail at the last study session,
and highlighted his report. He stated that the Airport
Commission met this date, and has reservations about the
landscaping, and recommends it be changed to desert land-
scaping, rather than the lush green, which it originally
approved and which was approved by the Council . He stated
that the landscaping is a major portion of the gross bid,
which exceeds the estimates, and the recommendation is
to award the contract, exclusive of the landscaping; that
the price be negotiated with the contractor, in terms
of unit prices, and the landscaping plan be restudied
to look for reductions in cost; that the matter would
go back to the Airport Commission; and if that is not
successful , the landscaping would be rebid. He also stated
that there was some confusion about the DBE (Disadvantage
Business Enterprise) aspect of the bid, which was explained
at the last study session, and which was resolved to the
satisfaction of the FAA, concluding that Matich met the
good faith effort, and the bid is appropriate and legal
and meets the -intent of the Federal law. He recommended
that the Council also authorize acceptance of a multi-year
Federal Grant, AIP-08, for a total of $1,616,850.
City Manager stated that the previous Council approved
of the green landscaping, and starting over would result
in a loss of about $58,000 in architectural fees; and
would have a major impact on sand control if time were
taken for a redesign.
Counci [member Apfelbaum stated that awarding without the
landscaping portion, still provides itime in which to
accomplish the review.
Res 16455, awarding contract - Agr #2560, and Res 16456,
accepting the grant offer, as recommended, were presented;
after which, it was moved by Apfelbaum, seconded by Neel ,
and unanimously carried, that Res 16455 and 16456 be
adopted.
A5. AIRPORT PARKING CONCESSION - EXTENSION
Recommendation: That the Council approve amendment to
agreement with APCOA for an extension of the Airport Parking
lot concession from November, 1988 through March, 1990.
Director of Transportation reviewed his report, which
was reviewed in detail at the last study session, and (51)
stated that the revenue-control equipment (computer) would
become the property of the City upon installation, but
maintenance would be the responsibility of APCOA; and
that the cost of it would be reimbursed to APCOA in 11
equal monthly installments of $9,090.
MO 4160, approving Amendment #4 to A1447, was presented;
after which, it was moved by Apfelbaum, seconded by Foster,
and unanimously carried, that MO 4160 be adopted.
Council Minutes 3 0
5-4-88, Page 7
B5. MUNICIPAL CODE AMENDMENT - RENT CONTROL
Recommendation; On April 20, 1988, the Council continued
consideration of recommendatior. to amend the Municipal
Code to limit appointment of a Commissioner pro tem; to
codify the procedure to initiate Commission proceedings;
to require action by the Commission to be taken by a vote
of majority of entire Commission; and to clarify other '
portions of the rent control ordinance.
Assistant City Attorney reviewed supplemental memorandum
of the City Attorney, which was reviewed in detail at
the last study session. He stated that alternative ordi-
nances were drafted - one as recommended by the Commission,
and one containing technical changes recommended by the
City Attorney, regarding a majority vote of a quorum of
the Commission, and deleting the requirement that the
Commission must make a recommendation before the Council
acts on matters relating to rent control . He stated that
the Commission could prevent the Council from acting,
by not acting itself.
City Manager stated that it is not unusual to have a
difference between a commission and staff recommendation;
that the staff position is that both sides be represented
fairly; and he believed the City Attorney has done so
in this instance. 85 )
Councilmember Broich stated that Commissioner Hodges
requested, on two occasions, that the Council have a joint
session with the Commission, and he suggested the matter
be tabled to permit that to occur.
It was moved by Broich, seconded by Foster, and unanimously
carried, that this matter be tabled.
City Attorney stated that there is some urgency in regard
to changing the ordinance to permit commissioners pro
tem, particularly, since a member appointed last year
has not been seated, and there are new hearings pending,
although the hearing for which one member remains on the
commission has not yet been concluded.As a result of a Point of Order, it was moved by Foster,
seconded by Apfelbaum, and unanimously carried, that the
matter be removed from the table.
Councilmember Foster stated that the ordinance recommended
by the City Attorney only makes the changes which are
urgent; that the requisite number , of votes would be the
same as it is currently; and that the Council could discuss
the two points with the Commission, and make those changes
in the future, if it so desired.
Councilmember Broich stated that the was only in favor
of amending those portions relating to the commissioner
pro tem.
Council Minutes
5-4-88, Page 8
B5. RENT (Continued)
City Clerk read title of the Ordinance, City Attorney
Alternate, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS OF TITLE 4 OF THE PALM SPRINGS (103 )
MUNICIPAL CODE, THE RENT CONTROL ORDINANCE, TO PROVIDE
FOR LIMITED APPOINTMENT OF COMMISSIONER PRO TEM AND
PROCEDURE TO INITIATE COMMISSIQN� ,PROCF.EDINGS.
It was moved by Foster, seconded by Apfelbaum, and unani-
mously carried, that further reading' be waived.
It was moved by Foster, seconded by Apfelbaum, and carried
by the following vote that the Ordinance be introduced
for first reading:
AYES: Apfelbaum, Foster and Neel
NOES: Broich & Bono
ABSENT: None
CONSENT AGENDA:
6. MO 4161 approving Change Order No. 1;'to Agreement 2542 with (51)
Valley Sound Electronic Systems to cover additional equipment
for the Airport's public address system, for an increase of
$11,550.
7. Res 16457 approving amending the 87-88 budget in the amount
of $209,733 to provide funds for previously approved purchase
(84)
of sixteen police patrol units.
8. MO 4162 authorizing the issuance of a purchase order to Desert (51)
Water Agency for water-service improvemeInts at the Palm Springs
Regional Airport, for $15,690. +
9. Res 16458 and 16459 approving Payroll Warrants and Claims (86)
& Demands.
10. MO 4163 awarding purchase of office furniture to Stockwell
Binney through County of Riverside agreement, amount not to (84)
exceed $15,000.
11. Res 16460 recommending Proposition 70 endorsement of the Wild - ( 98 )
life Coastal and Parkland Grant.
12. Res 16461 approving a two-year time , extension for PD 167, (116)
for a 119 unit multifamily unit development on the northeast
corner of San Rafael and McCarthy Road, Section 34, L. Sandor.
It was moved Apfelbaum, seconded by Proich, and unanimously
carried, that Resolution 16457 through 16461, and Minute
Orders 4161 through 4163 be adopted. 1
p
Council Minutes
5-4-88, Page 9
13. COMMISSION APPOINTMENTS
It was moved by Apfelbaum, seconded by Broich, and unani-
mously carried, that the following Mayor's appointments
be approved:
CVAG Transportation Committee - Eli Birer - 7-31-88 (123)
CVAG Board - Sharon Apfelbaum/Sonny Bono Alternate
Sunline Board - Sharon Apfelbaum/Sonny Bono Alternate (143)
Finance° Committee - Sonny Bono/Earl Neel (70)
Senior Center Advisory Liaison - Tuck Broich/Sonny Bono (70)
Main Street, ex-officio - Tuck Broich/Sonny Bono (124)
ADDED STARTERS: Eligibility for consideration determined upon
unanimous approval , motion by Foster, seconded by Apfelbaum.
14. CONVENTION CENTER VAN
Recommendation: That the Council award purchase of a
15-passenger van for the Convention Center, from Palm
Springs Motors for $18,660.24. This item was reviewed
in study session, and no further report was given. (139)
Minute Order 4164 awarding purchase as recommended, was
presented; after which, it was moved by Foster, seconded
by Apfelbaum, and unanimously carried, that MO 4164 be
adopted.
15. FPM 21832
Recommendation: That the Council approve Final Parcel
Map 21832 to combine property at the northeast corner
of Palm Canyon and Tachevah, Section 10, Desert Professional (119)
Building Partners, Ltd. This item was reviewed in study
session, and no further report was given.
Res 16462 approving final map as recommended, was presented;
after which, it was moved by Foster, seconded by Broich,
and unanimously carried, that Resolution 16462 be adopted.
REPORTS OR REQUESTS:
CITY COUNCIL reports or requests
a) Councilmember Broich requested that the Enterprise
Zone, proposed by Jim Stuart, be a matter For study
session review, and that Mr. Stuart be asked to attend.
b) Councilmember Foster inquired about the status of
the clean up of the former Prairie Schooner Trailer
Park; and stated that the Tribal Council Chairman
had also inquired about it.
PUBLIC reports or requests
a) Jeremy Crocker, 330 W. Arenas Road, complimented the
Airport Director and the Airport Commission ; and stated
that new businesses often do not work out in the first (50)
season, and it would be unfair to limit people who
want to invest in the community (regarding a
moratorium), and caution should be taken, but they
do bring in money and enrich the town; and that
there are standards for quality development.
Council Minutes
5-4-88 Page 10
b) Dr. Friedman, 449 Arenas, commented, at length, about
palm tree trimming in favor of removing all skirts
from the trees.
c) Greg Moran (see the first Public Comment portion)
stated that all of the information needed to develop
the bids for the parking lot concession at the Airport;
that the parking lot addition in (November will not
substantially change that; and he urged that the matter
not be delayed.
d) Don Frank, 550 N. Cahuilla, requested that the Council
place the question of a commercial/hotel development
moratorium on the next study session agenda.
STAFF reports or requests - None
ADJOURNMENT
There being no further business at 10:30 p.m. , Mayor
declared the meeting adjourned.
-'JUDITH SUMICH
City Clerk