HomeMy WebLinkAbout5/18/1988 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
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MAY 18, 1988 PIS
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, on Wednesday May 18, 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: Agenda posted in accordance with Council
policy on May 13, 1988, together with supplement thereto;
and one item was added at the study session, upon unanimous
approval .
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 Foster, seconded by Apfelbaum, and
unanimously carried, that the Minutes of May 4, 1988 be
approved.
PUBLIC HEARING:
1. CASE 5.0400-ZTA - ZONING ORDINANCE AMENDMENTS
Recommendation: That the Council approve Zoning Text
amendments, concerning restaurants and accessory commercial
uses as part of small hotels, subject to a CUP; add design
dimensions for angled parking; and correct an omission
in the C-1.
(103)
Planning Director reviewed Memorandum of Director of
Community Development, and stated that the major change
relates to the allowance of restaurants within small hotels,
which currently requires a minimum of 100 rooms.
Mayor declared the hearing opened; there were no
appearances, and the hearing was closed.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING ORDINANCE IN REGARD TO RESTAURANTS
AND ACCESSORY COMMERCIAL USES IN SMALL HOTELS AND DESIGN
DIMENSIONS FOR PARKING SPACES, AND CORRECTING FOUR
OMISSIONS FROM THE PREVIOUS COMPREHENSIVE ZONING TEXT
AMENDMENT.
It was moved by Broich, seconded by Apfelbaum, and
unanimously carried, that further reading be waived, and
that the Ordinance be introduced for first reading.
Council Minutes
5-18-88 Page 2
2. SEWER SERVICE CHARGES - FISCAL YEAR 1988-89
Recommendation: That the Council adopt a resolution
electing to have sewer servirq charges for the fiscal
year ending June 30, 1989 collected on the Riverside County
property tax rolls, in accordance with the terms and
conditions of Ordinance 1111. Director of Finance
highlighted his report, noting that this process has been ( 140)
used successfully for a number of years.
Mayor declared the hearing open; there were no appearances,
and the hearing was closed.
Res 16463 establishing Sewer Service charge billing policies
and procedures, as recommended, was presented; after which,
it was moved by Foster, seconded by Apfelbaum, and
unanimously carried, that Resolution 16463 be adopted.
3. DELINQUENT RESIDENTIAL WASTE DISPOSAL SERVICES
Recommendation: That the Council adopt a resolution placing
delinquent residential waste disposal services accounts
for the fiscal year ending June 30, 1988 on the Riverside
County tax rolls.
Director of Finance reviewed his report, and noted that ( 140)
of the 828 accounts for which notices were mailed by Waste
Disposal Services, 212 were either fully or partially
paid, and placement on the tax roll expedites collection.
Mayor declared 'the hearing opened.
In answer to question by Frank Consuelo„ 1580 Via Soledad,
City Manager stated that if the accounts are not collected,
it does not mean that they are spread against other taxed
properties.
George Goldberg, 1445 "Cesspool Drive, " stated that the
waste disposal contract provides that the company must
continue service even if the bill is not paid for, and
he did not understand how an unpaid bill could be placed
on the tax bill , when there was no service rendered.
Ed Killum, 853 S. Riverside Drive, questioned why the
City should support the collection of bad debts for a
private company.
City Manager stated that the services are being provided
by a private company, but is a City obligation to provide
under State law, and is a public purpose fulfilled through
a contractual arrangement; and to the extent that bad
debts can be minimized, the overall cost of the system,
and to the user, is reduced.
There were no further appearances, and the hearing was
closed.
Res 16464 establishing delinquent residential Waste Disposal
billing policies and procedures, was presented; after
which, it was moved by Foster, seconded by Apfelbaum,
and carried by the following vote, that Resolution 16464
be adopted:
AYES: Apfelbaum, Foster, Neel and Bono
NO: Broich
ABSENT: None
Council Minutes
5-18-88 Page 3 0 5r.
4. TPM 23055 - MOTEL 6
Recommendation: That the Council approve Tentative Parcel
Map 23055, for property located at the southeast corner
of Camino Parocela and Indian Pvenue, Section 23 (refer
to PD 187) . Director of Community Development reviewed
his report.
Mayor declared the hearing opened; there were no (119)
appearances; and the hearing was closed.
Res 16465 approving TPM 23055, as recommended, was
presented; after which, it was moved by Apfelbaum, seconded
by Neel , and unanimously carried, that Resolution 16465
be adopted.
PUBLIC COMMENTS:
a) George Goldberg, 1445 "Cesspool Drive," stated that
the city can afford to lose a few (department:) heads,
cut the budget, and restore some sense and rationale
to city administration. He accused a staff member
of breaching his privacy, i .e. , divulging him as a
source of reported complaints of code violations.
Ile also gave Councilmembers a copy of a clipping from
the, "Journal Courier," Lafayette, IN.
b) Coreen Campbell , 2500 E.Palm Canyon, spoke in support
of establishing a youth commission, and offered to
coordinate an event to raise funds, provided city
facilities would be available. It was requested that
she first contact the Director of Parks, Recreation
& Library.
c) Don Frank, 550 N. Cahuilla, encouraged the Council
to look closely at all items of the agenda, i .e. ,
the Consent Agenda, and to learn about, and understand,
what it is voting on.
LEGISLATIVE ACTION:
5. FISCAL YEAR 1988-89 COMMUNITY DEVELOPMENT BLOCK GRANT FUND
ALLOCATIONS
Recommendation: That the Council adopt a budget for
submittal to HUD for the use of Community Development
Block Grant Funds for 1988-89, including funding for
Administration, Palm Springs Senior Center, Operations
for the Shelter for the Homeless, Handicapped Access Curb (85)
Cuts in the Desert Highland Neighborhood, Engineering
Access Curb Cuts in the Desert Work for Street Improvements
in the Crossley Tract, Housing Rehabilitation and the
Economic Development Loan Program.
Economic Development & Housing Coordinator reviewed
Memorandum of Director of Community Development, which
was reviewed in detail at the last study session; and
stated that two public hearings were previously held.
She noted that concerning the Desert Highland area request,
the staff would continue working toward refining the
specific landscape design, and to resolve how the on-going
maintenance would be paid for. In answer to question
by Council , she stated that the Wings of Love allocation
of $5,000 would come following a formal agreement to be
presented to the Council , and be as an amendment to the
approved CDBG allocation.
Council Minutes
5-18-88 Page 4
0157
5. CDBG (Continued)
Res 16466 approving the allocation of the funds for 1988-89,
as recommended., was presented; after which, it was moved
by Foster, seconded by Broich, and unanimously carried,
that Resolution 16466 be adopted.
Note: At the conclusion of the meeting, during Public
Comments, Mayor queried James Jesse, Recreation Supervisor
at Desert Highland Community Center, if he wished to address
the Council on any matters concerning the neighborhood.
Mr. Jesse stated that he was in attendance with residents
who had concerns about the CDBG; that the community had
expressed what it thought its needs were, and the two
residents present were not happy with the $3,000 allocation
to only provide the curb cuts; that the community is asking
for beautification, and the staff recommendation will
mean a setback of one year; that the proposal related
to City entryways, i .e. , Indian Avenue, Las Vegas Road,
and Tramview Road; that a desert type landscaping would
be satisfactory, which should not be a high maintenance
item, or require large amounts of water; and that he was
not expert in determining what those costs might be.
City Manager stated that it is an issue which requires
continuing dialogue and analysis; that there are potential
funds in the Redevelopment Agency, but as with the CDBG,
those funds would be limited to installation and could
not be used for maintenance; that the existing windbreak
was installed 15-20 years ago, and there was a decision
at the time by the Council to pick up the maintenance;
that there is no budget authorization to take that over,
and maintenance is one issue to be resolved, before any
construction funds are allocated.
Mrs. Crawford stated that the neighborhood is seeking
beautification of three streets, and was told by the
Economic Development & Housing Coordinator that it would
only be possible if the property owners, through an
assessment district, paid for the maintenance; that she
is greatly concerned that people on fixed incomes, and
single-parent Families will not be able to afford that;
and that she did not think water could be such a big item.
Councilmember Foster stated that the Council has determined
how the funds are to be allocated, and assistance for
homeless and seniors was considered a higher priority
than landscaping; that the landscaping issue is not dead,
and it will continue to be worked on; and that it was
his understanding that there might be funds available
in this fiscal year, but details as to what kind of project,
how much it will costs, how to pay for it, and how to
pay for maintenance, need to be worked through.
Assistant City Manager stated that it was his understanding
that the money for the installation is available, but
that CDBG funds cannot be used for maintenance; that there
is not a landscape plan, and therefore, it is not known
how much the maintenance will be; that staff is doing
the preliminary design work, and more time is needed to
complete the process.
Councilmember Broich stated that Ms. Hodgett had stated
that if a resolution were not made sooner, that the project
would be eligible for consideration next year; that he
favors the project, and proceeding quickly in order to
accomplish it before then.
Council Minutes
5-18-88 Page 5 ?+r7
6. AIRPORT LOOP ROAD - CHANGE ORDER No. 1
Recommendation: That the Council approve Change Order
No. 1 to increase contract with Matich Corporation, by
$690,989, concerning landscaping for the Airport Loop
Road project, Agr #2560. (51)
Director of Transportation highlighted his report, and
stated that the Airport Commission reviewed the matter
this date, and is in agreement.
MO 4164 approving Change Order, as recommended, was
presented; after which, it was moved by Apfelbaum, seconded
by Foster, and unanimously carried, that MO 4164 be adopted.
ADDITIONAL LEGISLATIVE ITEMS:
A7. 1987-88 BUDGET AMENDMENT - FUND ADJUSTMENT
Recommendation: That the Council amend the budget to
eliminate the transfer of $1,755,798 from the Convention
Center Fund to the Debt Service Fund; to eliminate the
appropriations for principal and interest totalling the
same amount in the Debt Service Fund; and to rebudget
those same appropriations to the Convention Center, Fund. (61)
Director of Finance stated that the action will result
in establishing the Convention Center Fund as an enterprise
fund, which will provide the Council and management with
more detailed operating reports.
Resolution 16467, as recommended, was presented; after
which, it was moved by Apfelbaum, seconded by Foster,
and unanimously carried, that Resolution 16467 be adopted.
B7. MUNICIPAL CODE - RENT REVIEW AMENDMENT
City Attorney reported that as a result of the joint study
session with the Rent Review Commission on May 17, the
Ordinance has been revised to reflect the following:
4.04.030 . . . .--Vote. . . . . . . . .Any motion or action of
the commission establishing or changing policy, or making
any recommendation to the City Council relating to rent
control , or otherwise purporting to represent the
collective opinion of the entire commission on legislative
or policy matters, shall require the affirmative vote
of three members of the commission for passage. Other
actions of the commission, including, without limitation,
decisions on petitions for hardship rent increases and
normal procedural motions in the course of proceedings,
may be taken by the affirmative vote of the majority
of a quorum, provided a quorum is present. "
In answer to question by Council , City Attorney stated
that it was agreed at the study session that any matter
of policy recommendation to the Council , or anything that
would carry through as a guide for the Commission, would
require at least three affirmative votes; but that motions
which are made during the course of the meeting would
not require three votes if only three members were present.
059 Council Minutes
5-18-88 Page 6
B7. RENT REVIEW (Continued)
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS OF TITLE 4 OF THE PALM SPRINGS MUNICIPAL
CODE, THE RENT CONTROL ORDINANCE, TO PIROVIDE FOR LIMITED
APPOINTMENT OF COMMISSIONER PRO TEM AND PROCEDURE TO
INITIATE COMMISSION PROCEEDINGS.
It was moved by Broich, seconded by Foster, and unanimously
carried, that further reading be waived, and that the
Ordinance be introduced for first reading.
Councilmember Broich stated that he was not in favor of
the Ordinance, and believed that all actions of the
commission should require three affirmative votes; after
which, the City Attorney suggested that. since Mr. Broich
was the original maker of the motion for the introduction
of the Ordinance, which would subsequently be presented
for adoption at the next meeting, that the Council
reconsider. It was moved by Foster, seconded by Broich,
and unanimously carried, that the matter be reconsidered.
It was the consensus of the Council that no further reading
would be required.
It was moved by Apfelbaum, seconded by Foster, and carried
by the following vote, that further reading be waived,
and that the Ordinance as presented, be reintroduced for
first reading:
AYES: Apfelbaum, Foster, Neel and Bono
NO: Broich
ABSENT: None
CONSENT AGENDA:
8. Res 16468 and 16469 creating the North Palm Canyon Redevelopment
Advisory Committee; and the Highland-Gateway Redevelopment (124)
Project Advisory Committee
9. Res 16470 approving certain agreed upon points of negotiation
between the City of Palm Springs and the Airlines; authorizing (151-015
preparation of supplemental agreements to the Airline Use
Agreements, amendment of Standard Airline Use Agreement to
include said specified points.
10. Res 16461 establishing various parking restrictions on portions
of North and South Palm Canyon Drive. Items f) and j) under (136-04
Section 3 were deleted, upon recommendation of the Director
of Community Development, since the problem requiring them,
has been resolved.
11. MO 4165 authorizing payment of $11,589.55 to Southern California
Edison for installation of Safety Lights at the Convention (134)
Center.
12. MO 4166 awarding bid for one 72" rotary mower to Bob Hicks (84)
Turf Equipment Co. , for $9,207. 16.
13. MO 4167 awarding bid for two riding Greensmowers to Pacific (84)
Equipment & Irrigation, for $30,388.08.
14. MO 4168 awarding bid for two Tri--Plex mowers to Mower World, (84)
Inc. , for $11,299.6D.
Council Minutes
5-18-88 Page 7
15. Res 16472 amending the Comprehensive Fee Schedule, to add
a fee for the instruction of Cardiopulmonary Resuscitation (114)
provided to the public.
16. MO 4169 approving contracts for gas service with the Southern
California Gas Company, for the WWTP at GN-10 primary use (127)
rate and GN-50 Co-Generation use rate. Agr #2564.
17. MO 4170 approving Change Order Nos. 1 & 2 for a. $23,122. 34
increase to a contract with Allred and Kyser Construction (136)
Co. , for the overlay on Cal le El Segundo as a portion of the
Section 14 street improvements, Agr #2525, CP87-19.
18. Res 16473 authorizing APCOA to negotiate with steel fabricators
for the construction of new parking lot toll booths, not to (51)
exceed $120,000.
19. MO 4171 awarding contract to J. Murrey Construction, Inc. ,
for the installation of new automatic electric doors in the (51)
Airport Terminal , for $62,785, Agr #2565, CP88-05 .
20. MO 4172 approving Letter Agreement with Conrad & Associates
to perform the June 30, 1988 financial audit for the City ( 58 .)
of Palm Springs, including CRA Audit Compliance, for $33,979,
Agr #2566.
21. Res 16474 approving a one-year extension of time for Planned
Development District 170, Case 5.0360, Robert P. Warmington (116)
Co. , for a 192 unit hotel at the southeast corner of East
Palm Canyon and Camino Real .
22. MO 4173 approving payment of $23,739.30 to the City of Cathedral
City, for the installation of a traffic signal on Highway 111 (130)
at El Dorado Mobile Home Park.
23. Res 16475 amending the 1987-88 budget to reduce the transfer
of cash from the Community Promotion Fund to the Parks and (61)
Recreation Fund by $550,000; to reduce the transfer of cash
from the General Fund to the Convention Center Fund by $347,000;
and to increase the transfer of cash from the General Fund
to the Parks & Recreation Fund by $400,000.
24. Res 16476 and 16477 approving Payroll and Claims & Demands. (86)
25. Motion concurring in CRA Resolutions 524 through 531. (124)
26. Res 16478 amending Resolution 16319, relating to sewer service
charges and sewer facility fees. (114)
It was moved by Foster, seconded by Broich, and unanimously
carried, that Resolutions 16468 through 16478, MO 4165
through 4173, and motion in Item 25 be adopted.
ADDED STARTERS: Eligibility for consideration determined by
unanimous approval
Council Minutes
5-18-88 Page 8
27. CATHEDRAL CANYON COUNTRY CLUB BICYCLE TRAIL
Recommendation: That the Council approve a $35,000 escrow
with Stewart Title as a fundi.ig source, and the Desert
Riders as a resource for the on-going landscape maintenance
of the trail .
Director of Parks, Recreation & Library reviewed his report,
indicating discussions subsequent to the April 6 Council
action, in which the Council conditionally approved
agreements between the City, Falcon Lakes and Stewart (109)
Title Company, for the abandonment and relocation of a
bicycle trail within a portion of Cathedral Canyon Country
Club; that the condition related to finding a non-City
source for ongoing landscape maintenance of the easement
area; that an asphalt trail was agreed upon, and he was
not aware that the standard called for concrete, and was
reluctant to reopen the subject; that the $35,000 will
be part of an endowment for Desert Riders, the interest
from which will be used for trail maintenance throughout
the City; and that in the event the Desert Riders are
no longer able to continue the maintenance, the $35,000
would be returned to the City.
Resolution 16479, as recommended, was presented; after
which, it was moved by Foster, seconded by Neel , and
unanimously carried, that Resolution 16479 be adopted.
REPORTS OR REQUESTS:
28. DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Treasurer's Monthly - February, 1988 (121)
CITY COUNCIL reports or requests
a) Councilmember Broich suggested that the Council review
the RV ordinance, to see if there are areas which
need to be worked through. Staff' to bring subject
to a study session.
PUBLIC reports or requests
a) Dr. Friedman, 449 E. Arenas, #401, expressed his concern
about the vacancy of commercial space in the City;
noted new businesses; and requested that the chalkboard
in the Council Chamber be used to list the names of
new businesses, which he felt would be a means of
letting the public know about them.
b) In answer to question by Daun DeVore, Director of
Finance stated that the action in Item 23 was to
transfer General Fund money to cover items budgeted
in anticipation of projected Room Tax revenues, which
did not materialize, and does not reflect any new
obligations.
062
Council Minutes
5-18-88 Page 9
c) Ody Lee, Desert Political Action Association stated
that they are in agreement with a majority vote of
three to finalize actions of tha Rent Review Commission,
with the exception of hardship increase cases, which
they strongly believe should require three affirmative
vote, and are too important to be settled by two people.
STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned.
��JUDIT SUMICH
City Clerk
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