HomeMy WebLinkAbout12/7/1988 - MINUTES -, CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
DECEMBER 7, 1988
A Regular Meeting of the City Council of the City o° Palm Springs,
California, was called to order by Mayor pro tem Apfelbaum, in
the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday,
December 7, 1988 at 7:30 p.m.
ROLL CALL: Present: Councilmembers Apfelbaum, Broich, Foster,
and Neel
Absent: Mayor Bono
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 December 2; three additional items
were added to the Consent Agenda upon motion by Broich,
seconded by Foster, and unanimously carried.
PRESENTATION OF AWARD: Citizen Recognition Award, Debra King
Mayor pro tem read a letter from Evelyn Rose expressing
her deceased mother' s compliment of Debra King for being
an outstanding employee, and in recognition of her work, (74)
a cash award to her of $200 in accordance with her mother's
wishes. City Attorney previously ruled that there was
no conflict in accepting the recognition.
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 .
APPROVAL OF MINUTES:
It was moved by Broich, seconded by Foster, and unanimously
carried, Bono absent, that the Minutes of November 2,
16, & 22, 1988, be approved.
PUBLIC COMMENTS:
a) Dr. Friedman, 169 E. Alejo Road, again restated his
desire to establish a dental technician school for
poor people, and expressed frustration with the staff
recommendation to pursue the matter with the Planning
Commission. Dr. Friedman also spoke at great length
on the same subject at the end of the meeting.
City Manager at bath instances stated that the crux
of the letter sent to Dr. Friedman is that his question
raises the issue as to what zone is appropriate for
a dental technician school , and that he should spend
time with the Planning Commission - suggested at its
next study session - since it is clear that under
current standards, the use does not fit into the zone
of the location he wants to use, and the Planning
Commission should be involved to see if there is an
interpretation that could be made, or if the zone
should be changed.
Council Minutes
12-7-88 Page 2
b) Bill Manzini , El Dorado Mobile Home park resident,
challenged why the Council appointed a nonresident
to the Project Area Committee for the new project
area (No. 9).
Council explained that (although approval was not
unanimous) Mr. Koetting is a property owner in the
project area; owns business property in the area;
owns a residence elsewhere in the City; and was the
only business person in the project area who responded
to solicitation for appointment to the committee.
c) George Goldberg, 1445 "Cesspool " recited Webster's
definition of the word "ass" and stated that he believed
he used it correctly in a past meeting at which his
language was challenged by the Chair; stated that
he will appeal his upcoming court case, and it will
cost taxpayers thousands of dollars; that he was served
by an out-of-town process server; that he considers
City Hall oversized and overstaffed; and stated that
$1421 was spent on meals for the recent staff/council
retreat.
d) Mike Lascotta (sp?) 68-729 Two Bunch Trail , stated
that he is a retired fireman, and challenged the
efficiency of a 2-man engine company for a fire depart-
ment; and suggested that the City should increase
its manning level , and not cut it.
LEGISLATIVE ITEMS:
1. MUNICIPAL CODE AMENDMENTS - HISTORIC SITE PRESERVATION (TABLED
9-21-88).
Recommendation: That the Council adopt the proposed
revisions to Chapter 8.05 of the Municipal Code, commonly
known as the Historic Preservation Ordinance. Planning
Director noted that the matter had been reviewed in detail
at the study session; and that the Historic Site Preserva-
tion Board is in agreement with the changes.
City Clerk read title of the Ordinance, as follows: (103)
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 8.05 OF THE PALM SPRINGS MUNICIPAL
CODE.
It was moved by Broich, seconded by Neel , and unanimously
carried, Bono absent, that further reading be waived,
and that the Ordinance be introduced for first reading.
2. CONVENTION CENTER BOX OFFICE TICKETRON CENTRAL SYSTEM
Recommendation: That the Council approve the full and
exclusive implementation of the Ticketron Central System
to be installed at the Palm Springs Convention Center
Box Office for a three ,year contract period - A2649. (139)
Report highlighted by the Convention Center Telecommunica-
tions and Box Office Coordinator.
MO 4292 authorizing the agreement, as recommended, was
presented; after which, it was moved by Broich, seconded
by Foster, and unanimously carried, Bono absent, that
MO 4292 be adopted.
Council Minutes
Yi• 12-7-88 Page 3
3. MCCALLUM DESERT RESERVE ENTRANCE WORK
Recommendation: That the Council consider, awarding contract
to Bopark Enterprises, Inc. , in the amount of $140,740.00
for the entrance work at the McCallum Desert Reserve,
CP88-25, AGR #
Director of Community Development reported that this matter
was reviewed in detail at the last study session, and (109)
stated that further review and analysis of funds remaining
for future phases, and the design concept, indicate that
the best result would be to reject the bids; redesign
certain aspects of the project„ and utilize in-house crews
for some work, which will allow moving toward minimal
landscaping.
It was moved by Foster, seconded by Broich, and unanimously
carried, Bono absent, that bids be rejected.
4. ORDINANCES FOR SECOND READING & ADOPTION (Intro 11-16-88)
City Clerk read title of Ordinance 1318 re police personnel ,
and
title of Ordinance 1319 re local building permit fees; (103)
after which, it was moved by Foster, seconded by Broich,
and unanimously carried, Bono absent, that: further readings
be waived, and that Ordinances 1318 and 1319 be adopted.
5. BIRD CORPORATION
Recommendation: That the Council approve a letter of
Intent with Bird Corporation to ensure its development
of new Corporate Headquarters and manufacturing plant
within the City of Palm Springs.
City Manager requested that this matter be continued;
(95)
after which, it was moved by Broich, seconded by Foster,
and unanimously carried, Bono absent, that this matter
be continued to December 21, 1988.
ADDITIONAL LEGISLATIVE ACTION: (Satisfied agenda posting require-
ment)
6A. ANGELS STADIUM
Assistant City Manager reported receipt of letter from
the California Angels agreeing to extend the existing
agreement through December 31, 1990, during which further
review of pending issues will be pursued.
MO 4293 approving letter agreement, as recommended, was (100)
presented; after which, it was moved by Foster, seconded
by Broich, and unanimously carried, Bono absent, that
MO 4293 be adopted.
Council Minutes
12-7-88 Page 4
6B. CONVENTION CENTER
City Attorney reported that the question of an amendment
to the Park Avenue Catering Agreement for the Convention
Center, was reviewed in detail at the study session; and (139)
that the caterer has signed an amendment which covers
two changes to avoid the possibility of exceeding IRS
rules on use of exempt funds; and to reduce the bond amount
of the contract from $50,000 to $10,000. He recommended
approving the amendment to A2516.
MO 4294 approving amendment as recommended, was presented;
after which, it was moved by Broich, seconded by Foster,
and unanimously carried, Bono absent, that MO 4294 be
adopted.
6C. GORDON BENNETT BALLOON RACE
Recommendation: That the Council approve the race as
one of the major city-sanctioned events for 1989, 1990
and 1991; approve agreements between the City and the
Palm Springs Gordon Bennett Balloon Race (A2650) and Fred (50 &
Marik and Associates, Inc. (A 2-651) ; and amend the budget 61)
to appropriate $22,500.
Director of Community Services and Promotion stated that
the appropriation covers some in-kind costs which have
generally been provided over the past six years; and that
the race will be expanded in terms of ancillary events
and possible location.
MO 4295 approving the two agreements, and R16634, amending
the budget, as recommended, were presented; after which,
it was moved by Broich, seconded by Foster, and unanimously
carried, Bono absent, that MO 4295 be adopted.
6D. BUDGET AMENDMENT - WASTEWATER TREATMENT PLANT
Recommendation: That the Council amend the budget to
appropriate $20,000 to cover payment of permit fee to
the State Water Resources Control Board.
Director of General Operations highlighted his report, (61)
and stated that the permit will allow an amendment for
the plant to meet a 30/30 standard, which will extend
the life of the plant, and delay additional facilities,
and save about $6 million.
R16635 amending the budget as recommended, was presented;
after which, it was moved by Neel , seconded by Foster,
and unanimously carried, Bono absent, that R16635 be
adopted.
CONSENT AGENDA:
7. MO withdrawn authorizing the City Manager to execute a
five year agreement with Midwest International for TV chairs
for the Airport Terminal Building. A
8. MO 4296 approving agreement with Warren Bradshaw for Economic
Development Services in the amount not to exceed $10,000, ( )
effective November 21, 1988 until June 30, 1989, A2652.
Council Minutes
12-7-88 Page 5
9. Res 16636 amending R16316, to amend cesspool dumping fee to (114)
septage dumping fee and to establish a septage permit fee
as of December 9, 1988.
10. MO 4297 approving Change Order No. 2 (Final ) for and increase (109)
of $24,847.29 with Gateway Construction, Inc. , for Demuth
Tournament Ballfields, CP85-48, A2549.
11. Res 16637 rescinding R16571, and consenting to the assumption (51)
of Lease Agreement 2529 (BA Properties) by the Peacock-Radaker
Corporation for northerly parcel of the Airport Park Plaza.
12. Res 16638 reciting the fact of the consolidated Special Munici-
pal Election held in said City on November 8, 1988, declaring (83)
the result thereof and such other matters as are provided
by law.
13. Res 16639, 16640, 16641, and 16642 approving Payroll Warrants (86)
and Claims & Demands.
14. Res 16643 approving the month of December, 1988 be designated (87)
smoke detector installation and maintenance month.
15. Res 16644 approving the application for grant funds for the (109)
per capita grant program under the California Wildlife, Coastal
and Park Land Conservation Act of 1988 for restroom construction
at Demuth Park, included in Phase III development.
16. Res 16645 approving Final Tract Map 19447 for property east (137)
of Zanjero, west of Indian Avenue, for the Racquet Club,
17. Res 16646 approving the purchase of Communication equipment
for the Library from Gandalf Data, to interface with fiber- (117)
optics, not to exceed $23,000.
18. MO 4298 awarding bid for resurfacing the Convention Center (139)
Exhibit Hall to Jalco, for $25,699 (by PO).
19. MO 4299 awarding bid for roll down carpet for the Convention (139)
Center Exhibit Hall to Universal Flooring, Inc. , not to exceed
$72,000 (by PO).
20. MO 4300 awarding bid for the Library Literacy program presenta-
tion folders and insert brochures to The Printing Place, for
$6,087.98 (by PO) .
It was moved by Broich, seconded by Foster, and unanimously
carried, Bono absent, that R16636 through 16646, and MO
4296 through 4300 be adopted.
REPORTS & REQUESTS:
21. DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Treasurer' s Report July, August, September, 1.988. (121)
Council Minutes
12-7-88 Page 6
CITY COUNCIL reports or requests ;3 E_
a) Wood Carving at Christmas Tree Lot - Land Use:
Councilmember Broich requested that this matter be
added to the Agenda since it occurred after the posting
of the agenda; after which, it was moved by Foster,
seconded by Broich, and unanimously carried, Bono
absent, that it be added.
Councilmember Broich stated that he favored allowing
wood carving through the Chistmas season this year
in conjunction with two of the Christmas Tree lot
sales in town, which were cited for a non-approved
land use permit; and that whatever business license
tax applies be paid.
In answer to question by Council , Director of Community
Development stated that the Council could approve
the use, but guidelines should be established.
City Manager stated that the City is often criticized
when itinerant businesses come to Palm Springs and
compete with local established business; that this
wood carving is unusual , and possibly alright, however,
the question is raised as to what is not acceptable.
He stated that a business license would be required,
and is not an issue; and that it would be the Council ' s
interpretation that it is an allowable use under a
land use permit.
Councilmember Broich stated that the issue of itinerant
business should be discussed at a study session; that
the wood carving is not in competition with any other
merchant; and that it adds a festive and art atmosphere.
Following discussion, it was moved by Broich, seconded
by Foster, and unanimously carried, Bono absent, that
the wood carving be allowed through this Christmas
season under the Christmas Tree sales lot land use
permit.
PUBLIC reports or requests
a) Bill Manzini , El Dorado Mobile Home Park resident,
stated that Mr. Goldstein had purchased the park some
time ago for $8 million and then asked for and received
a rent increase based on hardship, and questioned
how the Council feels about that; challenged Council-
members Foster and Apfelbaum on campaign promises,
actions taken concerning appointments to commissions,
and conflicts of interests; challenged why the Rent
Review Commission is not reportable to the Council
- suggested that perhaps it be appointed by the Court;
and expressed his opinion that Councilmembers Foster
and Apfelbaum should not seek reelection.
In answer to questions, and for clarification, City
Attorney stated the following:
a) The rent control ordinance was adopted by an initia-
tive election, and the commission established
in order to make the initiative constitutional ;
that the commission was established as the final
administrative body - one which takes the petitions
based on the law before it, and takes final action
which is not appealable to the Council ; that the
Council ' s function is to make required amendments
to the Ordinance, and to appoint members of the
commission, and and there is no reason for it
to become involved in particular cases (El Dorado
case extended over two years, and decision rendered
was not liked by either she tenants or the landlord)
nor is it the business or function of the Council
Council Minutes
12-7-88 Page 7
b) A decision of the commission may be challenged
by action in Superior Court; that if the commission
acts in an improper manner, it is answerable to
the Council , but its decisions do not come to
the Council ; that there are procedures for review
of the decisions of any administrative body; that
the Court looks to determine if there was evidence
to support the findings, and if the findings support
the decision; that the question is raised by
attorneys, not the Court - it only reviews the
record that is before it.
c) The Public Reports or Requests portion of the
agenda is to receive such, and the Council is
not required to engage in debate, nor has it been
the standard practice to do so.
d) There is no technical conflict of interest under
existing statutes for Councilmember Foster regarding
Mrs. Foster's involvement in the Performing Arts
Center; that there are cases that as a matter
of appearances of conflict, the person should
abstain even though there is no conflict, and
on that basis from the outset where Mrs. Foster
was involved, he has advised Mr. Foster to abstain,
and he believed to the best of his understanding
that he has done so.
e) Councilmember Apfelbaum questioned him at the
time matters first involving Mr. Wessman came
up if she had to abstain because her husband is
involved in a limited partnership with him, however,
he did not have an opportunity to research the
question, and advised her to abstain for the moment;
that his research verified that she did not have
conflict since the interests in a limited partner-
ship have no right to control the partnership
(only general partners may) and there is a well
established body of law on the subject; that there
is no appearance of conflict; and that the success
or failure of Mr. Wessman' s ventures - apart from
that limited partnership - has no affect on the
limited partnership (limited partners are investors)
because there is no financial link between them.
He explained the two primary areas of conflict
- contractual and financial .
Councilmember Apfelbaum stated that no matters involving
the limited partnership have been before the Council
during her tenure.
Councilmember Foster stated that he has supported
the Rent Review Commission, which does not mean condemn-
ing it for unpopular decisions; that if he thought
a member was biased, or not doing a good job, he would
take steps for removal from the position, but he has
not seen that in terms of the appointees to the Commis-
sion; that a decision may not be popular, but that
does not mean it was improperly made; that he would
never support doing away with the Commission; and
cited his record on aid for senior programs; and that
person recently nominated for the commission had
previously, publicly expressed his biases, and he
did vote for his appointment., because he did not think
he would make unbiased decisions. Hie added that the
nominee was also not eligible for appointment.
Council Minutes
12-7-88 Page 8 �lE
STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor pro tem declared
the meeting adjourned.
---' JUDITH SUMICH
City Clerk