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HomeMy WebLinkAbout12/21/1988 - MINUTES CITY OF PALM SPRINGS 3 CITY COUNCIL MINUTES DECEMBER 21, 1988 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor pro tem Apfelbaum, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, December 21, 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 16, 1988; one additional item was added to the Consent Agenda at the study session, upon motion by Foster, seconded by Broich, and unanimously carried, regarding TPM 22401. EMPLOYEE RECOGNITION AWARD: Presented to Al Bayless, Fire Depart- ment. COMMUNITY REDEVELOPMENT AGENCY JOINT PUBLIC HEARING 1. PROJECT AREA 9 Conduct of joint public hearing concerning the Redevelopment Plan, EIR and other associated actions for the formation of Project Area 9. Refer to Community Redevelopment Agency Minutes for details. Following the close of the hearing, the following actions were taken: Res 16649, acknowledging receipt of the report and plan. (124) It was moved by Broich, seconded by Apfelbaum, and unani- mously carried, Bono absent, and Foster and Neel abstaining, that Res 16649 be adopted. Res 16650 approving final EIR. It was moved by Broich, seconded by Apfelbaum, and unanimously carried, Bono absent, and Foster and Neel abstaining, that Res 16650 be adopted. It was moved by Broich, seconded by Apfelbaum, and unani- mously carried, Bono absent, and Foster and Neel abstaining, that the written and oral objections to the Plan be over- ruled. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE PALM SPRINGS REDEVELOPMENT PROJECT AREA NO. 9 It was moved by Broich, seconded by Apfelbaum, and unani- mously carried, Bono absent, Foster and Neel abstaining, that further reading be waived, and that the Ordinance be introduced for first reading. City Attorney reported that the adoption of the Ordinance will require three affirmative votes of the Council ; and it is anticipated that the full Council will be present at an adjourned meeting December 29, in order to adopt the Ordinance. i Council Minutes 12-21-88 Page 2 APPROVAL OF COUNCIL MINUTES: December 7, 1988 PUBLIC HEARINGS: 1. TPM 23760 - ROBERTSON & SMITH Recommendation: That the Council approving TPM 23760 for an industrial subdivision on the west side of Gene Autry Trail , between Mesquite Avenue and the Palm Canyon Wash. Planning Director highlighted memorandum of Director of (119) Community Development. Mayor declared the hearing opened. Rich Clark, ASL Engineering, stated he was available for questions. There were no further appearances, and the hearing was closed. Res 16651, approving TPM, as recommended, was presented; after which, it was moved by Neel , seconded by Foster, and unanimously carried, that R16651 be adopted. 2. CONFLICT OF INTEREST CODE - BOARD OF APPEALS Recommendation: That the Council approve updated Conflict of Interest Code for the Board of Appeals. City Clerk reported that the updated code adopts the FPPC Standard Code, which will eliminate need for amendments whenever the Political Reform Act is amended; and that there are no changes in the financial disclosure require- (60) ments for the Board. Mayor declared the hearing opened; there were no appear- ances, and the hearing was closed. MO 4301 approving the Code, as recommended, was presented; after which, it was moved by Broich, seconded by Foster, and unanimously carried, that MO 4301 be adopted. PUBLIC COMMENTS: a) Paul Henke (see CRA Minutes this date) b) Dick Shroda, spokesman for the Citizens of Palm Springs, expressed concern that the Council would attempt to limit public comments to tte end of the Agenda, when there is no audience, nor media present. He stated that he did not condone personal attacks, but it would limit freedom of speech; that he considers it an excuse for not listening to comments it may not like; and that the comments of a few persons should not be used to limit those of other persons. lie expressed his opinion that there is voter frustration, and he believed it will intensify. Council Minutes 12-21-88 Page 3 b) George Goldberg, cited a series of amounts shown on expense reports by staff and Councilmembers, and challenged that many exceed policy limits. He also cited a series of contracts with individuals and companies, whom he contended did not have required state licenses, business licenses, permits, insurance or bonds, or were out-of-town vendors, or performed illegal work. c) Shirley Barker, 158 Fondulac, stated that she would be concerned if the City was hiring non-licensed persons, and asked for verification of Mr. Goldberg's challenges. Councilmember Foster noted that in some instances, as an owner-builder, the City may hire workers to perform certain work - carpenters, etc. , which are not required to be licensed contractors. City Manager stated that staff will be happy to verify any specific instance. LEGISLATIVE ACTION: 3. MUNICIPAL CODE AMENDMENT - HISTORIC SITE PRESERVATION (Intro. 12-7-88) a) City Clerk read title of Ordinance 1320, re Chapter 8.05; after which, it was moved by Foster, seconded by Neel , and unanimously carried, Bono absent, that (103) further reading be waived, and that Ord 1320 be adopted. 4. TPM 22631 (COUNTY) - PALM DRIVE ASSOCIATES Recommendation: That the Council recommend to the Board of Supervisors that County Change of Zone 4875 be approved, and that TPM 22631 not be approved until a master plan is prepared, relative to commercial project on the west side of Gene Autry Trail , between I-10 and the SP Railroad. Planning Director reported that this item was reviewed (123) in detail at the study session. Res 16652 submitting recommendation, as described, was presented; after which, it was moved by Foster, seconded by Broich, and unanimously carried, Bono absent, that R16652 be adopted, and that a request be made to meet with Supervisor Ceniceros. 5. BIRD CORPORATION Recommendation: That the Council approve Letter of Intent with BP Holdings, Inc. to assure development of new corporate headquarters and plant within the City. Matter continued from December 7, 1988. ( 95 ) Director of Economic Development noted that this item has been reviewed in detail , and that he has received a FAX copy of the document signed by both BP Holdings, Inc, and Newport National Corporation, general partner, of Bogie Road Development, a California general partnership. Res 16653 approving letter of intent, as recommended, was presented; after which, it was moved by Neel , seconded by Foster, and unanimously carried, Bono absent, that R16653 be adopted. q' Council Minutes A 12-21-88 Page 4 6. BUDGET AMENDMENT - FARMER'S MARKET Recommendation: That the Council contribute $7,500 to Main Street; authorize closure of a portion of Tahquitz- McCallum Way, west of Palm Canyon, for establishing a (61 & Farmer's Market; and amend the budget to appropriate the 1;;I6) funds. This item was reviewed in study session, and no further report was given. MO 4302 contributing funds; Res 16654 closing the street; and Res 16655 amending the budget, as recommended, were presented; after which, it was moved by Foster, seconded by Broich, and unanimously carried, that MO 4302 and Resolu- tions 16654 and 16655 be adopted. 7. ADDITIONAL LEGISLATIVE ITEMS: None CONSENT AGENDA: 8. Res 16656 authorizing filing grant for Criminal Justice Plan- ning, and committing to $10,784 allocation of funds in 1989-90, (113) at matching funds, in the event the grant is awarded. 9. Res 1665, 1.6659 16660 and 36661 approving Payroll Warrants (3) and Claims & Demands. (86) 10. Motion concurring in CRA Res 576 through 581) and 584 through 588. (124) 11. Res WITHDRAWN determining that the entrance work at the McCallum Desert Reserve (CP88-25) will be accomplished more economically by sub-contracting on a time and material basis/force account basis. 12. Res 1-6662 commending Arthur Swaajian for 28 years of service as Executive Officer of the Regional Water, Quality Control (74) Board (to be presented at retirement dinner). 13. MO 4303 awarding contract for new sports area lighting at De Muth Park tournament ball fields to Dennis Thorson Enter- prises, Inc. , for $125,074 - CP88-51, Agr 2657. 14. MO 4304 awarding purchase of pickup trucks from Sunset (84) Chevrolet/Olds for a fullsize - $13,773.24, and a mini - $7,370. 18. (Note: Item listed on Supplemental Agenda posted 12-16-88) 15. Res 16657, approving Final Tract Map 22401 for 14-lot; sub- division for single-family homes on property located on the north side of Racquet Club Road, at Girasol - Sunspot-Kramer. (137) It was moved by Broich, seconded by Foster, and unanimously carried, that R16656 through 16662 and MO 4303 and 4304, and motion in Item 10 be adopted. REPORTS & REQUESTS: 16. DEPARTMENTAL REPORTS - Received & Ordered Filed a) Redevelopment Agency 1987-88 Annual Report (120) b) Wastewater Treatment Plant 1987-88 Council Minutes 12-21-88 Page 5 COUNCIL reports or requests 17. COMMISSION APPOINTMENTS: Mayor pro tem announced Mayor Bono' s appointment of the following persons to the new Arts in Public Places Commis- sion; after which it was moved by Foster, seconded by Broich, and unanimously carried, that said appointments be approved. Terms to be selected by the Commission: (60) Eli Birer, Katherine Plake Hough, John F. Miller, Alice Tipton, Calvin Vander Woude and Stewart Williams. 18. OTHER COUNCIL REPORTS a) Councilmember Broich stated that he received a request from United Cerebal Palsy for a banner across Palm Canyon for its telethon in February, and advised them that only City sanctioned events (3) were approved for a banner, but perhaps the Council could consider other events for next year. He requested that informa- tion be provided to them. b) Councilmember Foster complimented Director of Aviation & Energy' s recent recycling effort, and encouraged others to do likewise. c) Mayor pro tem stated that in a recent meeting she and Councilmember Foster attended, it was apparent that a visitor profile is needed, and that a profile of where we are now, and where we need to go could be accomplished for $7,000; and a profile of the visitor we want to attract (those we are not getting now) would be about $37,000. She asked that the subject be placed on a future study session agenda. d) It was the consensus of the Council that there would not be a study session on Tuesday, December 27, and that other matters could be discussed following the adjourned meeting on December 29. PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT There being no further business, Chairman declared the meeting adjourned to December 29, 1988, at 10 a.m. in the Large Conference Room. JUDITH SUMICH City Clerk