HomeMy WebLinkAbout11/16/1988 - MINUTES (� MINUTES OF
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
NOVEMBER 16, 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, on Wednesday, November 16,
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 November 10, 1988; additional item
concerning Convention Center electrical as added by unani-
mous approval , upon motion by Apfelbaum, seconded by Broich.
PRESENTATION OF AWARDS:
Presentation of service retirement award to Bob Mc Inelly,
Fire Department, was made at the study session.
Mayor pro tem presented retiring commissioner plaque to
Tuck Broich, Economic Development Commission; and one (74)
for Hugh Curtis, Planning Commission (to be mailed to
him).
COMMUNITY REDEVELOPMENT AGENCY: Mayor pro tem declared the meeting
adjourned for the purpose of convening as the Community Redevelopment
Agency; after which members reconvened as the City Council .
INDUSTRIAL DEVELOPMENT AUTHORITY: Mayor pro tem declared the meeting
adjourned for the purpose of convening as the Industrial Development
Authority; after which, members reconvened as the City Council .
APPROVAL OF MINUTES
It was moved by Neel , seconded by Foster, and unanimously
carried, that the minutes of October 5, 1988 be approved.
PUBLIC HEARINGS:
1. C.U.P. 5.0487 (ROD & DALE JOHNSON) - SMOKE TREE STABLES
Recommendation: That the Council approve a five-year
CUP for the continued operation of the Smoke Tree Stables,
subject to conditions, for site east of Toledo, north
of the Palm Canyon Wash. (78)
Planning Director reviewed memorandum of Director of
Community Development, and stated that the Planning
Commission held hearings and recommended approving a
five-year extension of the use permit at the present
location, subject to conditions. He stated that the use
previously had two successive permits, each of ten years,
and originally partially in the County; that it has remained
the same since annexation, and not a lot of changes in
the past ten years; that the use is significant and
important to the community, and perhaps another location
could be explored; that within five years, there should
Council Minutes ' E
11-16-88 Page 2
I. C.U.P. 5.0487 (Continued)
be a feasibility study on alternative locations, and a
feasibility study on moving the facility to other locations;
that a potential location might be the Indian Canyon Park,
but it is an unknown quantity at this time; that the
Equestrian Center does not include rental stables of this
magnitude, and is mostly event oriented, and is of a
significant distance from the canyons, that ridership
would significantly decline; that there are 19 homes within
400 feet; 129 homes within 1/4 mile; and 400 homes within
1/2 mile; and there are slightly greater numbers around
the Equestrian Center, with the potential for additional
surrounding development; and he reviewed the conditions
recommended by the Commission. He stated that one condition
relates to the dedication and improvement of Murray Canyon
Drive, which was not recommended by the Planning Commission
because it felt the street did not apply to the stable,
rather to the operation of Smoke Tree as a whole, and
it would be an onerous condition on the applicant.
Mayor pro tem declared the hearing open.
Frank Bogert, 2787 Plaimor, stated that 8% of the people
still ride horses, and is one of the reasons wily people
come to Palm Springs; that $19 million is available from
the State bond election, and he is confident an Indian
Canyon Park will happen, and the only way to get into
Murray Canyon will be by hiking or riding; that the stable
is one of the things the community cannot afford to lose;
that the stables have been an asset in film-making, which
is good promotion for the city; that the ride from the
Equestrian Center to the canyons is unpleasant (cement
and trash), and the Center is not approved for a horse
stable; that it would cost $250,000 to move the stable,
and prices in the canyon range from $50,000-70,000 per
acre today, and will escalate more in the future; that
complaints about rats, coyotes, raccoons, skunks, can
be made anywhere in the desert, and are not peculiar to
the stable; that more flies breed on the golf courses,
and grass cutting piles than at the stable, which is cleaned
daily, and sprayed every twenty minutes; that Mr. Parker
built his home next to the stable, and he considered it
a desirable location for anyone who wanted to board horses.
He stated that the decision should be based on what is
good for Palm Springs, and in his opinion, the stable
should be retained permanently.
Paul Selzer, attorney with Best, Best & Krieger, repre-
senting Smoke Tree Ranch, stated that the Ranch is not
the applicant, rather the lessor; that the neighbors may
have some legitimate concerns, however, the stable pre-dates
their homes, and a few of the units have been built in
the last ten years; that many of the number of units
referred to by the Planning Director are within the Ranch,
and the colonists fully support the stable's continuance;
that owner' s purchased their homes with the full knowledge
of the existence of the stable; that if the use is such
a detriment to property values, it must have been a factor
in the price they paid for their homes; that conditions
around the stable have actually improved since it was
first granted the permit; that removal of the stable might
increase surrounding property value, but the enhancement
of those properties is not the obligation of the Council ,
especially if it is at the expense of a greater public
good; that the present ten year use has been valid for
120 months, during which complaints were made only during
the past three months, when the renewal process began;
that the request is for a ten year extension, and the
CUP process is time consuming and expensive for a "mom
and pop" operation, and a burden on those business people;
that approval would be a, daily approval , since periodic
review is required, and the permit subject to revocation
Council Minutes
11-16-88 Page 3
1. C.U.P. 5.0487 (Continued)
by the Council , upon conducting a public hearing; and
that the conditions imposed require some expenditure of
money, and a ten year period would provide time or
amortization, and incentive for further improvements.
Wilson McNary, 1800 S. Sunrise, stated that it was because
of safety concerns due to the proximity of the old stables
to Highway 111 and the development of Smoke Tree Village,
that the stables were moved to the southern location;
that it was reasonable, practical , and shortened the riding
time to the mountains; that the suggestion to relocate
the stables elsewhere on the Smoke Tree property does
not make economic sense for either the visitor or the
stable; that the costs would never be amortized, and it
would be as equally killing as if they had to build new
facilities, because they would in fact need new stables,
board facilities„ catering, etc. ; that relocation to Barona
Road would also mean rezoning, a question of access to
the property, and bridging the wash; that he did not think
it was true that the stable diminished property value,
rather that there is a surplus of property for sale, most
of which is leased land and harder to sell than fee land;
and that if the stable made sense before„ he did not see
what had changed to make it different now, and urged that
it not be permitted to go down valley.
Dr. Steve Carter, Veterinarian at the stable, stated that
he is associated with some of the largest barns and equine
events, and that the Johnson' s stable is exceptionally
clean, and their, employees are dedicated to keeping them
that way, and he has never had a reason to call attention
to the manner of horse care or maintenance of the grounds.
Ed McCoubrey stated that the stables offer opportunities
to conventioneers also, e.g. , not only the rentals but
the hayrides and catering; that he considers it to be
a question of who was there first; that the Los Compadres
Stables are located next to apartments, and when the apart-
ments were being considered, the developer wanted the
stables to be closed, however, both get along well 'together,
and the apartment complex includes a horse trail easement;
and that while ridership and stables have diminished
throughout the country, Desert Riders have more riders
today than it had in the 1930s.
Graham Barby, President of Smoke Tree Inc. , stated that
he purchased his home on the Ranch property in 1975, and
there are no other homes between his property and the
stable; that he sometimes get a smell from the stable,
but feels it is tolerable, and the stable should continue
at the site for another 10 years.
Boo Hough, 2733 Anza Trail , stated that he has been riding
since 1952, hates flies and rats, and there are few flies
a the stables; that Animal Control is able to tell people
how to control both flies and rats; and that perhaps people
think they see rats, but actually see ground squirrels
which are a protected species; that there are about 200
Desert Riders, 90% of which depend on rental horses from
Smoke Tree Stables, and if it closes, it will put Desert
Riders out of business also, and it is the Desert Riders
who build and maintain the hiking and riding trails.
Council Minutes �� C}
11-16-88 Page 4
I. C.U.P. 5.0487 (Continued)
Moya Henderson, 2233 Smokewood, stated that her residence
is one-half mile from Smoke Tree Stables, and when the
winds blow from the east, it is the sewer plant ponds
she smells; that animal manure for fertilizer was prohibited
by the Council many years ago, and the synthetics smell
the same, and flies breed during the grass seeding and
new growth times of the year; that the desert is the natural
habitat of coyotes and raccoons, and people cannot hope
to create suburban homes and change the desert; and that
the stables should be retained, and are an asset, not
a detriment to the city.
Dori (? - a young woman) 2500 Toledo, stated that she
works at the stables, and stated that flies and manure
are removed together; that she is a guide, and visitors
want to see the wildlife in the desert; and that if they
had to ride from the Equestrian Center, it would add 2
hours before a person could see anything.
Morris Sota (?) 477 Ave. Palmera, P.S. Mounted Police
Captain, stated that the Mt. Police have used the stables
for training, search and rescue, emergency support during
floods, and that many members board their horses at Smoke
Tree. He urged approval for ten years.
John Bergland, 225 Ave. Palmera #14, stated that before
he moved to the city, he spent 90% of his vacations riding
the trails; that the rides offer pleasure to people of
all ages; that supply and demand determines property value,
more than location; that there is more of a supply of
homes in this area; that many people are part-time resi-
dents, and they should look to the good of the entire
city; and that the site is the only justifiable permanent
location in the Valley.
Laura Dewey, 69730 Highway 111, Rancho Mirage, stated
that the ability to ride into the canyons was one of the
factors that influenced her to stay in the desert; that
they should be promoted; that novices cannot stay on horse-
back for long periods of time, and from Smoke Tree it
is possible to get to the canyons within a short period
of time; that she has been riding for many years, and
the stables are the cleanest she has seen; and that there
is a buffer between the stables and Parker residence.
Laura Samuelson, stated that she lives and works at the
stables, and came here because of the beauty of the desert;
and that there is often no other way to see the canyons,
except from trails.
Roger Reimar (?) 520 Murray Canyon, stated that he has
lived in the area for many years, and is a designer,
developer and horseman, and boards his horse at Smoke
Tree; that in his opinion, the real issue is money, and
people who want to sell their property at two to three
times what they paid for it; and that there are realtors
who suggest listing the homes at prices higher than they
are worth.
George Neist, 3385 San Martin Circle, stated that he is
a member of the Los Compadres, and tenants at the adjoining
apartments apparently do not find the stables to be a
big problem.
Claire Burgess, 550 Palisades, stated that she has been
a member of Desert Riders since 1957, and is its secretary,
and that she mails newsletters out each week to members
throughout the country.
Council Minutes
11-16-88 Page 5
1. C.U.P. 5.0487 (Continued)
John De Board, 747 Paseo E1 Mirador, owner of Desert Inn
Hotel , stated that many of the Fortune 50110 companies have
used Smoke Tree stables for hayrides and special activities,
and 40,000 people used it in the last year; and that
there is not much left to be taken away from the town.
Alex Ross, Canadian visitor, stated that he just this
date discovered the stables, and stated that it is one
of the most "American" attractions and should be preserved.
The following persons spoke in opposition:
Joe Turner, President of the Canyon Country Club Homeowners
Association, staged that they recognize Smoke Tree Stables
as an institution, and the right of Smoke Tree Ranch to
maintain a stable on its property; that in 1967 it said
that the stable was in the way of the shopping center
plan, and asked that it be moved; that a prior manager
told him that the homeowners decided to move it as far
away as they could from their homes; that. the Fey Canyon
Estates streets were in place in 1967, yet the relocation
was approved; that relocating it away from their homes
to other people's homes was bad planning, economics, and
manners; that 4--5 homes close to the stables are for
sale, and there has not been offers in Pour years; that
the hearings on the CUP were held in the summer, and only
those within 400 feet were notified, which represented
a handful of residents, who protested as best the could,
but were overrun by the "flag and apple pie waiving of
Smoke Tree;" that the environmental assessment stated
that manure smells and should not be close to the property
line - that he agreed, and it should Le equally distant from
their homes, as it is from Smoke Tree Ranch homes; that
they want it moved now, not in five years; that Smoke
Tree has been highly profitable, and could afford to
relocate the stables, and he did not agree that it should
not be done until a new location in the Indian Canyons
is feasible; that it should bye relocated elsewhere on
the Ranch property; and that 20 years is long enough.
Jerry Factor, 1255 Via Estrella, stated that he was
concerned that the issue has become adversarial , and not
one of fairness; that he was not opposed to horses or
stables, or concerned about property value; that the Council
has an obligation to all of the people; that manure is
manure, and there is not much that can be done about its
smell ; that Palm Springs has not stayed a little town,
and everyone's welfare must be considered; and that most
of the people who ride from the stables, do not live in
the area.
Fess Parker, 495 Santiago Way, stated that he echoed Mr.
Factor's remarks; that he is distressed by some of what
has been said; that the Canyon Hotel cllosed last year,
and he has heard rumors of others nearby doing likewise;
that he could no longer stay at his house on Toledo,
but remained in Palm Springs; that he is a supporter of
the stable, at some other location; that he views it as
a question of image, and commented on a golfer's impression
at the 10th green of Canyon, where the sizable smells are
apparent; that he did not believe the move in 1967, and
fact that a limited use permit was granted, meant that
it would not be permanent, but would eventually outlive
its location; that people present at the meeting represent
Council Minutes
1
11-16-88 Page 6
1. C.U.P. 5.0487 (Continued)
700 homes in the Canyon area; that the stables are portable,
and many stables are prefabricated; and that some thought
should be given to moving it, rather than asking those
directly effected to endure it for five more years; and
that it is a matter of one' s perspective, and he hoped
the solution would not be onerous for either side.
Herb Bernstein, 1650 Murray Canyon, stated that he must
contend with obnoxious odors at certain times of the year;
that "late arrivals" have provided funds for things that
have been added to Palm Springs; that "old timers" are
against progress in Palm Springs, and others do not live
in Palm Springs, and do not have to live with the stench;
that he believes the Council an error in 1967 in
allowing the stable to relocate, because it was known
that the Canyon would be developed by the end of ten years;
that he questioned why a commercial enterprise is allowed
in R-1; that he believes the reason only two stables remain
is due to the progress and development of Palm Springs;
and he questioned why only the present location could
be used as a base of operation for the Mt. Police.
Harold Glass, 2432 Toledo, stated that the same issue
of fairness exists today as it did in 1978; that they
are not asking that it be moved out of the City, but that
it be moved from its present location; and that if the
Council is going to issue the permit, make it conditional
so another location can be found.
Chopsey Sanderson, Via Estrella, stated that she is a
real estate broker, and new disclosure laws require
disclosure of the stable, which discourages sales; that
her mother has a breathing problem, aggravated by the
stables; that she believe it devalues her property; that
she has had snakes, lost a dog to coyotes, and asked that
the Council be fair.
Mrs. Lewis Smirnoff (?) stated that there are flies from
the manure, and her property value has decreased by one-
half.
Bernard Sorr (?) 2448 Madrona, stated that he can smell
the horse urine odor when the wind blows from the East;
that he was not notified by mail of the hearing; that
he did not think the Council had any legal right to extend
the permit, either in 1967, 1978 or now, which he considers
an illegal variance; that there must be an environmental
study; that it was originally temporary by nature of its
condition; that there should have been parking and land-
scaping conditions; and that there is a lot of traffic.
Julius Krieger, Toledo & Murray Canyon, stated that he
gets the full degree of the smell , and the stable must
be moved further East.
Mr. Selzer stated that the stables exist, and existed
when those people bought their homes; that the rental
income of the stables to Smoke Tree Ranch is minimal ,
and not a money making source to the Ranch; and that the
applicant supports approval of the use permit as recommended
by the Planning Commission, which excluded condition for
Murray Canyon Drive, and concerning the five year period.
Council Minutes
11-16-88 Page 7
1. C.U.P. 5.0487 (Continued)
Director of Community Development stated that the
applicant's request was for 10 years; that the Commission
recommended five, in which to complete the study, with
a maximum of ten in which to relocate; that Smoke Tree
property has developed in a piece meal fashion over the
years, and every opportunity to secure needed dedication,
even without improvement, should be taken to avoid missing
the dedication, and then having to go back later with
condemnation action.
In answer to question by Mayor (who entered shortly before
the testimony in opposition began), Planning Director
stated that the direction of the Planning Commission was
not that the stable be relocated at the eind of five years,
rather that there would be another public hearing on the
feasibility of the relocation sites - not. a mandated move
- but to see what happens with the Indian Canyon park,
and if it becomes a reality, a relocation somewhere into
it might be a very appropriate solution; that within five
years, there should be a good handle on whether that; will
become a reality; that the Equestrian Center is approved
as a small boarding facility, up to 50 horses for equestrian
events, not at the same level as Smoke Tree, or as a major
rental facilities; that the distance would be a much more
difficult ride to the canyons; and that there has not
been any discussion on other locations.
Motion by Neel to approve the use permit:, as recommended
by the Commission, failed for lack of a second.
Councilmember Foster stated that numerous requests for
studies and statistics as to how many people will be living
in the south Palm Canyon area have been made; that without
the Andreas Hills project, the extension of Murray Canyon
becomes less necessary; that it was only necessary as
a means of relieving congestion on Highway 11.1; that he
does not think it is necessary at this time; that Smoke
Tree has for years been willing to offer dedication on
the opposite side, which would be a viable alternative
in the future if it becomes necessary; that time is needed,
and he was sympathetic to the residence; that he does
not want to see the stables disappear, as they are important
to the community; that once the Indian Canyon is developed,
it may be feasible for them to move, but: in the meantime
he favored allowing them to remain.
Mayor Bono stated that because he was riot in attendance
for the full hearing, he would abstain from voting.
It was moved by Foster, seconded by Broich, and unanimously
carried, Bono abstaining, that Resolution 16619 be adopted
to grant the approval of the CUP for ten years, and elim-
inate the condition concerning Murray Canyon Drive.
Council Minutes
11-16-88 Page 8
2. TPM 23288 - VOSS INVESTMENT PROPERTIES
Recommendation: That the Council approve a Tentative
Parcel Map to create two lots on the NE corner of Tahquitz
Way and Avenida Caballeros, includes termination of the
easement for the southerly one-half of Andreas Road,
Section 14. (119)
Planning Director stated that this was reviewed in detail
at the last study session, and noted that the action estab-
lishes the legal instrumentation for the property.
Mayor pro tem declared the hearing open; there were no
appearances, and the hearing was closed.
Resolution 16620, approving the map, as recommended, was
presented; after which, it was moved by Broich, seconded
by Neel , and unanimously carried, that R16620 be adopted.
3. TPM 23123 - PETER McKERNAN
Recommendation: That the Council approve a Tentative
Parcel Map to combine 4 lots into two parcels on the north
side of Vereda Sur, south of Via Las Palmas, east of Camino (119)
del Mirasol , Section 10.
Planning Director reported that this matter had been
reviewed in detail at the last study session, and briefly
highlighted the Memorandum of Director of Community
Development
Mayor pro tem declared the hearing opened.
J. Benoir, 425 Via Las Palmas, stated that his wife
purchased the adjoining property in 1984, at which time,
there was a block wall on the vacant property to the west,
which is part of the subject application; that part of
the wall was destroyed, and a portion of it is subject
to having to be rebuilt; and that she is concerned that
the new property line will result in the wall being on
her property, and who will be responsible for its repair,
or replacement.
Planning Director stated that he was not aware that the
wall and the property line do not coexist, and the purpose
of the map is not to change that line; that if the wall
was placed on other property, it is not the condition
of the subject map to tear it down, because 'it is not
on the subject property; and that the dispute is civil .
City Attorney stated that the Planning Director is correct
concerning the civil aspect; and that it does not enter
into approval or disapproval of the map.
Councilmember Foster stated he would abstain due to a client
relationship, and source of income.
Mere were no further appearances, and the hearing was
closed.
Resolution 16621, approving the map as recommended, was
presented; after which, it was moved by Neel , seconded
by Broich, and unanimously carried, Foster abstaining,
that R16621 be adopted.
Council Minutes
11-16-88 Page 9
PUBLIC COMMENTS:
a) George Goldberg commented on the failure of the utility
user tax to pass, and his experience when he collected
signatures on Election Day; challenged 'the qualification
of the contractor who was awarded the contract to
demolish Paolis, and why it has not commenced;
challenged work performed by the Golf Course
concessionaire, in terms of licensed contractors;
and challenged work at the P.S. Health Club, also
in terms of contractorship, and permits.
b) Shirley Barker, 158 Fondulac, offered her services
if needed in connection with the possible film festival .
c) Dr. Friedman, 169 E. Alejo, complimented the Mayor
for his hours of work for the City„ and encouraged
an open door policy.
LEGISLATIVE ACTION:
4. AIRPORT - EIR CONSULTANT
Recommendation: That the Council approve agreement with
Peat Marwick Main & Company for $95,750 to prepare environ-
mental assessment: in connection with Noise Study, prelimi-
nary to inclusion in General Plan, improvements contained
therein, and parallel runway - Agr #2641. (51)
Director of Aviation & Energy highlighted his report,
and noted that the improvements are 90% grant funded.
Minute Order 4280, approving Agreement, as recommended,
was presented; after which, it was moved by Foster, seconded
by Broich, and unanimously carried, that Minute Order
4280 be adopted.
5. MUNICIPAL CODE & COMPREHENSIVE FEE SCHEDULE AMENDMENTS - BUILDING
PERMIT & PLAN REVIEW FEES
Recommendation: That the Council amend the Muni Code
to establish local building permit and plan review fees;
and the Comprehensive Fee Schedule to update fees and
provide organizational clarity.
City Manager reported that the Memorandum of Director (1 &
of Community Development had been reviewed in detail at 114)
the last study session; and no further report was given.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 8.04 BY
ADDING SECTION 8.04.067 TO ESTABLISH LOCAL. PERMIT FEES.
and Resolution .115622, amending the fee schedule, as recom-
mended, was presented; after which, it was moved by Broich,
seconded by Foster, and unanimously carried, that further
reading be waived, that the Ordinance be introduced for
first reading, and that R16622 be adopted.
Council Minutes
11-16-88 Page 10
6. PA9 - PAC
Recommendation: That the Council appoint members of the
Project Area Committee for Project Area 9.
Councilmembers Foster and Neel stated they would abstain
due to real property interests.
Councilmember Broich stated that he was strongly opposed
to appointing a non-registered voter (Peter Koetting),
and that he did not think anyone who is not a registered
voter of the city, should serve on a city commission;
and that the PAC should consist of one person From each (124)
of the nine sub-areas
Councilmember Apfelbaum stated that Mr. Koetting is a
property owner, has been involved in the development of
a lot of property in Palm Springs, owns a residence in
Palm Springs, and is a well-qualified planner.
Staff noted that there is not a requirement to have a
business person on the committee, but it is a good practice;
and that the committee probably will only meet 2-3 times.
Minute Order 4281 making four appointments recommended,
was presented; after which, it was moved by Bono, seconded
by Apfelbaum, and carried by the following vote, that
Minute Order 4281 be adopted:
AYES: Apfelbaum & Bono
NO: Broich
ABSENT: None
ABSTAIN: Foster & Neel
7. CONVENTION CENTER - CHANGE ORDER 31
Recommendation: That the Council approve Change Order
31 to increase contract with McDevitt & Street by $41,656
(final change order) - Agr #2305. This item was -reviewed
in study session, and no further report was given.
Minute Order 4282, approving CO 31, was presented; after (139)
which, it was moved by Foster, seconded by Broich, and
unanimously carried, that Minute Order 4282 be adopted.
8. MUNICIPAL CODE AMENDMENT - POLICE TRAINING
Recommendation: That the Council amend the Municipal
Code to establish continued eligibility for state funding
of public safety dispatcher training. This item was
reviewed in study session, and no further report was given.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, (103)
AMENDING CHAPTER 2.44 OF THE PALM SPRINGS MUNICIPAL
CODE WHICH RELATES TO RECRUITMENT, SELECTION AND TRAINING
OF POLICE PERSONNEL.
It was moved by Bono, seconded by Broich, and unanimously
carried, that further reading be waived, and ' }eat the
Ordinance be introduced for first reading.
91:3
Council Minutes
11-16-88 Page 11
9. ORDINANCES FOR SECOND READING & ADOPTION
City Clerk read title of Ord 1315 re public arts commission; (60)
and
title of Ord 116 re undergrounding of utilities (readopted
to comply with publication requirements) ; (103)
after which, it was moved by Foster, seconded by Broich,
and unanimously carried, that further readings be waived,
and that Ordinances 1315 and 1316 be adopted.
10. RECREATIONAL SERVICES COMPUTER SYSTEM
Recommendation: That the Council approve purchase of
a recreational services computer system not to exceed
$30,000, including addendum to agr with CMSI ; lticense
and maintenance agreement, and escrow agreement.
Assistant Director of Community Services & Promotion stated
that a question was raised at the study session as to (117)
what kind of hardware was recommended; that the recommenda-
tion is for ARC (an IBM clone) which is the same brand
as the department is currently using, which will allow
networking in the future, and avoid the "pointing the
finger" problem when multiple vendors are involved and
when there is a problem with the equipment. She pointed
out that the purchase will not eliminate staff, however,
she itemized specific staff reductions which have already
occurred as a result of department reorganization; and
stated that the computer will make information management
better and more efficient, as well as improving marketing
of recreation programs, and cost effectiveness of them.
Ken Nelson, CMSI, explained the capability of the proposed
hardware; and the Purchasing Manager stated that the
advantage of the ARC hardware is that the maintenance
is not provided by the seller, and standardization has
been successful to reduce down time, and repair; and that
other items will be bid separately.
Councilmember Broich stated that he solicited a cost esti-
mate, and found that the proposed listing of equipment
was not clear, and it made it difficult to determine compar-
isons, and asked that this matter be delayed, until further
study could be done.
It was moved by Broich, seconded by Foster, and unanimously
carried, that this matter be continued to November 22,
1988.
11. CATHEDRAL CANYON COUNTRY CLUB BIKEWAY MAINTENANCE
Recommendation: That the Council approve a letter of
understanding with Desert Riders Trail Fund, Inc. , for
the maintenance of the Cathedral Canyon Country Club bicycle
and equestrian trail .
(109)
Director of General Operations stated that; he talked with
Art Smith (Desert Riders) and it was his understanding
that "as necessary" meant they would do as much cleaning
as was necessary, but only four times per year. He stated
that major damage would be the responsibility of the City,
and he felt that an in-house operation will mean the like
amount of costs.
Council Minutes a'
11-16-88 Page 12
11. CATEHDRAL CANYON COUNTRY CLUB (Continued)
Councilmember Foster suggested this matter be referred
to the Parks & Recreation Commission, only in terms of
the maintenance agreement; after which, it was moved by
Foster, seconded by Broich, and unanimously carried, that
it be referred as suggested.
12. P.S. ANGELS - NEW LEASE
Recommendation; That the Council approve a new lease
agreement with the Palm Springs Angels for use of the
Angel Stadium, for 8 years, commencing April I , 1989,
and expiring September, 1997 - Agr #2642. This item was
reviewed in study session, and no further report was given. (115)
Resolution 16630 approving the agreement, as recommended,
was presented; after which, it was moved by Broich, seconded
by Foster, and unanimously carried, that R16630 be adopted.
13. COMMUNITY SERVICES DEPARTMENT WORK DESIGN PROGRAM
Recommendation: That the Council approve proposal of
McFletcher Corp. for a work design program for the Community
Services and Promotions Department, for $11,024 Agr #
City Manager recommended this matter be deferred pending
discussion of the marketing program. (110)
It was moved by Neel , seconded by Foster, and unanimously
carried, that this matter be continued.
14. ALLOCATED POSITIONS & COMPENSATION PLAN AMENDMENTS
Recommendation: That the Council approve Amendment No.
2 to the Allocated Positions and Compensation Plans for
1988-89 to add a cogeneration plant operation allocation
in the General Operations Department; and to eliminate
the Redevelopment Department and the Parks, Recreation
and Library Department, and replace them with two new (61)
departments - Economic Development, and Community Services
and Promotions; and amend the budget to transfer funds
between General Fund and Parks & Recreation Fund to cover
112 of Secretary I transferred; and amend the budget to
appropriate $16,560 to cover cost of additional cogeneration
plant position for six months. This item was reviewed
in study session, and no further report was given.
Resolutions 16623, 16631 and 16632 were presented, as
recommended, after which, it was moved by Bono, seconded (61)
by Broich, and unanimously carried, that R16623, 16631
and 16632 be adopted.
ADDITIONAL LEGISLATIVE ITEMS:
15A. UTILITY USERS TAX
Recommendation: That the Council cease imposition of
utility user tax.
City Clerk read title of the Ordinance, as follows:
(140)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, SUSPENDING THE IMPOSITION OF THE
UTILITY USER TAXES IMPOSED BY CHAPTER 3.32 OF THE PALM
SPRINGS MUNICIPAL CODE.
It was moved by Broich, seconded by Bono, and unanimously
carried, that further reading be waived, and that the
Ordinance be introduced for first reading.
Council Minutes
11-16-88 Page 13
15B. RENT REVIEW COMMISSION
Mayor Bono announced his appointment of William (Bill )
Kuhlman to the Rent Review Commission to succeed Helen (60)
Ganz, and moved to approve the appointment; said motion
was seconded by Broich, but failed to carry by the following
vote:
AYES: Broich & Bono
NOES: Apfelbaum, Foster & Neel
ABSENT: None
CONSENT AGENDA:
16. MO 4283 awarding contract to E.L. Yeager Construction Co. ,
Inc. , for overlay and restriping Alejo Road, from Indian to (136)
the Airport, for $162,797 - CP88-14, Agr #2643,.
17. Res 16624 and 16625 companion Council actions to CRA actions
above adopted re PA9 Redevelopment Plan & EIR joint hearing,
and low and moderate income housing outside of the project (124)
area.
18. Res 16626 approving Cooperation Agr with the County Housing
Authority relating to the Authority's housing bond pool
originally approved in error as a CRA action on September ( )
7, 1988 - Agr#2644.
19. MO 4284 approving supplement to Agr #2547 with Isbill Associates
for additional cost for construction administration in
conjunction with the Airport Loop Road. (51)
20. MO 4285 awarding purchase of employee service awards for two
years, with option for three additional one year periods,
from O.C. Tanner Co. - 1989 awards $7,686. (84)
21. MO 4286 approving purchase of lighting equipment for renovation
of palm tree lighting electrical on Palm Canyon Drive at varying (134)
unit prices from Calcon Electric for $14,932.619.
22. Res 16627, 16628 and 16629 approving Payroll Warrants and
Claims & Demands. (86)
23. Res 16630 amending the budget to appropriate $2,000 for voice (61)
mail .
24. MO 4287 approving CO #1 to Agr #2629 CP88-43', with California
Pavement Maintenance, for an increase of $22,086.90 to add (136)
streets to the slurry program.
It was moved by Bono, seconded by Broich, and unanimously
carried, that MO 4283 through 4287 and Resolutions 16624
through 16630 be adopted; Foster and Neel abstaining on
R 16624 and 16625.
26. AIRPORT - TERMINAL DEVELOPMENT CONSULTING SERVICES
Recommendation: That the Council approve agreement with
Thompson Consultants International for Airport Terminal
Development Consulting Services for $225,000 to develop
alternative approaches to expand the Terminal - Agr # 2637.
Director of Aviation & Energy stated that the agreement (51)
will be revised to reflect that the amount includes
reimbursables.
MO 4288 approving the agreement, as recommended, was
presented; after which, it was moved by Broich, seconded
by Foster, and unanimously carried, that MO 4288 be adopted.
Council Minutes
11-16-88 Page 14
ADDED STARTERS: (Eligibility for consideration determined upon
unanimous consent at the last study session)
27. CONVENTION CENTER ELECTRICAL SERVICE MODIFICATION
Recommendation: That the Council award contract Lo Thorson
Electric, for modification of electrical service at the
Convention Center, for $26,788.55- Agr #2645. This item
was reviewed in study session, and no further report was (139)
given.
MO 4289, awarding contract as recommended, was presented;
after which, it was moved by Broich, seconded by Foster,
and unanimously carried, that MO 4289 be adopted.
REPORTS & REQUESTS:
CITY COUNCIL
a) Recycling: Councilman Foster requested that staff
renew search to see if there is a market for recycling
newspaper, which was concurred in by the remainder
of the Council . City Manager to report back.
b) Councilmember Apfelbaum requested a report of whether
anything can be done to prohibit buses from idling
for long periods of time. City Manager to have Police
Chief provide report.
PUBLIC COMMENTS: None
STAFF: None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to Tuesday, November 22, 1988, at 2 p.m. , in
the Large Conference Room, City Hall .
-JUDITH SUMICH
City Clerk