HomeMy WebLinkAbout8/9/1989 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
AUGUST 9, 1989
An Adjourned Regular Meeting of the City Council was called to
order by Mayor Bono in the Council Chamber, 3200 Tahquitz-McCallum
Way, on Wednesday, August 9, 1989 at 7:30 p.m.
ROLL CALL: Present: Councilmembers Broich, Foster, Neel and
Mayor Bono
Absent: Councilmember Apfelbaum
The meeting was opened with the salute to the Flag and an invocation
by Rev. John Blayney, Church of Religious Science.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with Council
policy on August 4, 1989.
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 Neel , seconded by Foster, and unanimously
carried, Apfelbaum absent, that the Minutes of July 11
and 19, 1989 be approved.
PUBLIC HEARINGS:
1. TPM 24604 & VAR. 6.369 - CITY OF PALM SPRINGS FOR EQUITECH
Recommendation: That the Council approve a tentative
parcel map to divide property on the east side of Gene
Autry Trail , at Mission Drive, into two parcels.
Director of Community Development reviewed his memorandum,
and reported that the purpose of the map is to divide
the corner property, which has physically been removed (119-001)
from the remainder of the parcel by Mission Drive, and
has been referred to as the "sliver parcel " and is currently
in escrow for purchase by the CRA, to be combined with
other adjacent property in the City.
Mayor declared the hearing open; there were no appearances,
and the hearing was closed.
Resolution 16871 approving TPM, as recommended, was
presented; after which, it was moved by Neel , seconded
by Foster, and unanimously carried, Apfelbaum absent,
that R16781 be adopted.
2. AA 3.0223 (CHEROSKE) - HAROLD MATZNER APPEAL
Consideration of appeal by James Schlecht, representing
Harold Matzner, from Planning Commission approval of an
addition to the residence at 575 Patencio Road.
City Manager reported request by the appellant for a contin- (111-001)
uance; after which, it was moved by Foster, seconded by
Neel , and unanimously carried, Apfelbaum absent, that
the hearing be continued to September 6, 1989.
Council Minutes
8-9-89 Page 2
3. CONFLICT OF INTEREST CODES
Recommendation: That the Council approve updated conflict
of interest code for the Parks & Recreation Commission;
and a new code for the Community Services & Promotions
Department.
City Clerk reported that the Conflict of Interest Code (063-001)
for the Parks & Recreation Commission was updated to reflect
aspects of the Community Services & Promotions Department; (060-021)
and that a new code was adopted by the Department.
Mayor declared the hearing opened; there were no appear-
ances, and the hearing was closed.
Minute Order 4403 approving codes as recommended, was
presented; after which, it was moved by Poster, seconded
by Neel , and unanimously carried, Apfelbaum absent, that
MO 4403 be adopted.
PUBLIC COMMENTS:
a) Rocco Davis, read a prepare statement on behalf of (051-046)
the Center For Contract Compliance, concerning Item
6, opposing the award of contract as recommended,
a copy of which is on file with the City Clerk. Mr.
Davis stated that the letter was from a Mr. Lintern.
b) Downtown Improvement District:
Joan Gattuso, co-owner Carlo° s Deli , S. Indian Avenue,
stated that she has spoken with representatives from
the major hotels in the proposed district, including
the Marquis, Spa and Wyndham, as well as the Sharona
and Ingleside Inn, and all of them were opposed to
the district; that she also spoke with Silverwoods
and the DiBartolo Corp. representatives, who are also (133)
opposed; that she supported a suggestion by Mr. Roulette
that the small merchants join the VPB to promote the
downtown; that she did not think the improvement
district was thought out carefully, nor that everyone
wants to join the new CVB; and she read from a letter
by Mel Haber (copies previously provided to the
Council ).
Charles Roulette., Marquis Hotel , stated that he agreed
that something must be done to help the downtown,
however, the hotel spends $500,000 in marketing costs,
the majority of which is in imaging, and all ads contain
a reference to the downtown proximity; that the other
major hotels are also spending in excess of $200,000
annually, and questioned why they should be asked
to spend more for promotion; and that the shop owners
should join the VPB, and work with it, and not establish
an assessment to create another splinter group.
Steve Rosen, President of the DBIA, stated that efforts
to secure voluntary contributions from merchants to
publish the "shop Palm Canyon" brochure resulted in
251 contributors out of 600 who were asked, and the
amount was only $40; that there are many groups, and
he did not believe a voluntary effort would work;
that if a block is included within the boundaries,
all businesses in the block must be included; that
many efforts have been solo efforts, and everyone
needs to pull together and find strength in a unified
effort, which can dovetail with other efforts such
as the VPB and CVB; that a fair share contribution
will result in reaching all facets and common goals,
and provide the leadership to do the job, and benefit
the community at all levels.
Council Minutes
8-9-89 Page 3
Greg Mandinach, 208 N. Indian Avenue, stated that lie took
exception to the statement by Mr. Rosen, and that no one
ever came to talk to him about it; that communication
was through the mail , yet he was told that he did not
receive notice of meetings because they did not have his
correct address; that merchants on Indian Avenue should
not be asked to help pay for brochures to "shop Palm
Canyon;" that they should prove what the benefit will
be to each assessee; and that he urged that Council not
take any action to start the proceedings, which he concluded (133)
will result in a lot of time and money to a lot of people,
and let everyone sit down and decide what is going to
be done.
Esther Youngerman, 1068 Olive Way, stated that any
advertising or public relations firm with a good reputa-
tion will cost more than $150,000; that she agreed the
merchants needed to get together, but it should not be
through the assessment process; that all of the merchants
belong to the Chamber of Commerce or the CVB, and they
should freely join in a promotional effort.
Wayne Dewey, Uncle Don's Toys, President of Main Street,
stated that there have been mailings to the people in
the district, and he could not explain why anyone had
not received the notice; that the City's Business License
list for notification, that the issue was covered by the
news media, and that telephone and personal contacts have
been made in an effort to provide information; that $250,000
is not a lot of money, but is a start in the right
direction, and is better than "zero" which is what there
would be without a district.
c) Dr. Jack Norie, 1247 San Lucas, commented on "pathogneu-
matism" and that the community should revert to building
and serving its residents to keep the merchants alive,
and to profit from tourism.
d) Al Bayrack, Desert Political Action, objected to the
Mayor and Council ' s appointments to the Rent Review
Commission, and that such appointments were added
to the Agenda, rather than on the posted agenda,
although he recognized that the City Attorney would
report that the process was legal , he did not think
he was always correct
e) George Goldberg commented on the demolition of the
property at South Palm Canyon and Mesquite; reiterated
previous opinions expressed concerning specific city
employees; stated that his access to public records
has been cut off; and that he is sending letters across
the country about the city's lack of hospitality for
RVs.
LEGISLATIVE ACTION:
Council Minutes
8-9-89 Page 4
4. DOWNTOWN BUSINESS IMPROVEMENT DISTRICT
Recommendation: That the Council approve an MOU establish-
ing guidelines on district fund collection, expenditures,
continued funding, and board appointments; and adopt a
Resolution of Intention to establish the district.
Business- Acquisition & Retention Specialist reviewed the
Memorandum of the Director of Economic Development; and
stated that the proposed action would lead to a protest
hearing on September 6, and approval of .an MOU with the
DBIA as to implementation of the District.
City Manager stated that the Council was being asked to
set the ground rules for the district if it proceeds after
the protest hearing; that there appear to be two areas
of concern - the boundaries and the fee schedule -• and
that the Council might wish to provide direction if it
wished either issue addressed before the hearing; that
the Council has the ability to change the fee schedule (133)
at the hearing, however, the boundaries may be more
difficult; that ar majority protest would be from businesses
which represent 50+% of the amount of the assessment;
and that if the protest is less than that, it would be
discretionary with the Council whether to proceed.
City Attorney stated that he believed it would be possible
to eliminate certain categories of businesses, and would
verify that possibility.
In answer to question by Council , Mr. Rosen stated that
the DBIA will be meeting every week on Thursday, both
from 8 - 9 a.m. and again from 6 - 7 p.m. , at the Main
Street Office in the Village Green, to answer questions,
or to talk with anyone about the proposal .
Councilmember Foster stated that past efforts to get people
together downtown have always produced groups who had
a problem with whatever was proposed; and that he urged
that people set aside petty problems, in order to accomplish
something together for the greater good of the community
and downtown.
Councilmember Broich stated that the merchants should
realize that this is not a City project, and it is not
the driving force behind it; that he has been asked to
talk to merchants who have been reluctant to support it,
and has declined to do so and to not be involved, so there
would not be any suggestion that it was coming from the
City; that the City has not taken any action for or against
the district; that the business owners need to make their
views known, and that if a majority are opposed, it will
not proceed; and that he wanted to assure people the project
is not the same as the district which was tried for the
sun bus.
Mayor agreed that the effort has been that of the merchants,
and it will go whichever way the majority want; that the
health of downtown is a number one problem, that the
merchants must make it known what they want; and that
the City has done nothing to put the project together,
rather it has been solely a Citizen's effort.
Resolutions 16872 approving MOU (A2743) , and 16873 declaring
intent, were presented; after which, it was moved by Broich,
seconded by Foster, and unanimously carried, Apfelbaum
absent, that R115872 and 16873 be adopted.
Council Minutes
8-9-89 Page 5
5. SPECIAL EVENT - BICYCLEMANIA
Recommendation: That the Council approve a 3-year agreement
with International Cycling Productions, Inc. , for bicycle
races and related activities - 1989 event to be held Septem-
ber 22, 23, and 24.
Director of Community Services & Promotions reviewed her
report, which had been reviewed in detail at the last (050)
study session, and stated that the race will be the first
in a series of events in the coming season; that the agree-
ment provides a three-year event, and expected to generate
a lot of enthusiasm, and will appeal to both world class
and family cyclists.
Resolution 16874 approving A2744, as recommended, was
presented; after which, it was moved by Broich, seconded
by Foster, and unanimously carried, Apfelbaum absent,
that R16874 be adopted.
6. AIRPORT SOUND WALL - AIP-09 - CONSTRUCTION
Recommendation: That the Council award contract oor the
construction of the sound wall , under AIP-09, CP88-52,
to Wessman Construction Associates, Inc. , for $274,598
- A2745.
Director of Aviation reported that none of the bidders
met the MBE requirement; that there was more than a 20%
spread between the second and third bidder; that they (051-046)
all knew that the project was subject to prevailing wage
rates, and it was so noted in the bid documents, and that
fact has been confirmed; that a penalty factor applied
to the low bid resulted in it still being the low bid,
and that FAA was satisfied with the recommendation; that
the Planning Commission reviewed the proposed change in
the color pattern, and approved the use of standard
materials, in a step-style design, which will be worked
out with the architect and the Planning Director; and
that he welcomed the Center for Contract Compliance in
its self-established role to follow the contract process,
but to secure any necessary Airport security clearances.
Minute Order 4404, awarding contract, as recommended,
was presented; after which, it was moved by Neel , seconded
by Foster, and unanimously carried, Apfelbaum absent,
that MO 4404 be adopted.
7. LICENSE AGREEMENT - McGRATH/BROWN
Recommendation: That the Council approve amendment to
License Agreement #2716 to allow a Christmas Tree and
stand to be installed in the right-of-way on North Palm
Canyon Drive, at the Desert Fashion Plaza, in front of
the proposed Marie Callender Restaurant. ( )
Redevelopment Specialist reviewed memorandum of Director
of Economic Development, which had been reviewed in detail
at the last study session.
Minute Order 4405, approving amendment, as recommended,
was presented; after which, it was moved by Neel , seconded
by Broich, and unanimously carried, Apfelbaum absent,
that MO 4405 be adopted.
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Council Minutes
8-9-89 Page 6
8. SELF-INSURED MEDICAL BENEFIT PLAN
Recommendation: That the Council approve the implementation
of a self-insured medical benefit plan, to replace Mass
Mutual , effective September 1, 1989.
Risk Manager highlighted the recommendation, which includes (110-007)
the following agreements: Risk Management Resources
(A2755) , Health International (A2756) , and Peal: Marwick
(A2756).
Resolution 16875 approving the plan and agreements;, as
recommended, was presented; after which, it was moved
by Neel , seconded by Foster, and unanimously carried,
Apfelbaum absent, that R16875 be adopted.
9. SELF INSURED MEDICAL. BENEFIT PLAN - PHYSICIAN & HOSPITAL PROVIDER
AGREEMENTS
Recommendation: That the Council approve two-year exclusive
provider agreements with the Desert Hospital , and with
Desert Physicians Association, for agreed fees to be charged (096-002)
employees who participate in the City's self-insured medical
benefit plan - A2746 and 2747, respectively.
Risk Manager highlighted the recommendation, as reviewed
in detail at the last study session.
Resolution 16876 approving A2746 and 2747 as recommended,
were presented; after which, it was moved by Neel , seconded
by Foster, and unanimously carried, Apfelbaum absent,
that R16876 be adopted.
10. A.D. 155 - ORDINANCE RE CONTRIBUTIONS
City Clerk read title of 01339 providing annual contribu-
tions re City and Agency participation in A.D. 1.55; after
which, it was moved by Broich, seconded by (Neel , and unani-
mously carried, Apfelbaum absent, Foster abstaining, and
Apfelbaum absent, that 01339 be adopted.
11. TUMF FEE URGENCY ORDINANCE
It was moved by Neel , seconded by Broich, and unanimously (123-004)
carried, Apfelbaum absent, that Urgency Ordinance 1334A
be extended for another 30 days.
12. GOLF FACILITIES - PROJECT MANAGEMENT PHASE II
Recommendation: That the Council approve Phase II of
Agr 2668 with Schey & Associates, to provide project manage-
ment services for development of an 18-hole golf facility
on City-owned and other land west of the existing Municipal
Golf Course.
Assistant City Manager reported that this matter had been
reviewed in detail at the last study session, and that (092-007)
the original agreement provided for Phase II, when deemed
appropriate.
Minute Order 4406, approving Phase II , as recommended,
was presented; after which, it was moved by Neel , seconded
by Foster, and unanimously carried, Apfelbaum absent,
that MO 4406 be adopted.
Council Minutes S
8-9-89 Page 7
13. DOWNTOWN TRANSPORTATION VEHICLE (MOLLY TROLLEY)
Recommendation: That the Council approve an amendment
to the purchase agreement, increasing price.
Redevelopment Director reported that the proposed action (143-002)
was not required, since the actual price of the vehicle,
including handicap accommodation, was less than the amount
previously authorized; and noted that the order has been
placed, which includes delivery.
No action.
14. ADDITIONAL LEGISLATIVE ITEMS (Satisfied Agenda Posting require-
ment; materials at study session)
A. PS CLASSIC PROJECT - MOU - deferred
B. MOLLY TROLLEY - refer to above Item 13
C. PURCHASE 17 MID-SIZE SEDANS & 1 STATION WAGON - withdrawn
E. PURCHASE 500 STOP SIGNS -• withdrawn
The following items were reviewed in detail at the study session;
and were approved upon motion by Broich, seconded by Neel ,
and unanimously carried, Apfelbaum absent, :
Minute Order 4407 approving purchase of one 80,000 copies/mo (084-006)
copier from Valley Office Equipment for $12,134.
Minute Order 4408 approving purchase of two turf sweepers from (084-006)
Pacific Toro Equipment for $34,914.96.
Minute Order 4409 approving purchase and installation of a
recording and sound system in the Council Chamber from Audio (117-005)
Visual , for $19,221.76.
Minute Order 4410 approving an agreement with Southern California
Gas Co. , for $77,771.71 - A2748; and C01 to agreement with
Matich Corp. , for the installation of gas mains in a portion (147-001)
of A.D. 155 for a decrease of $108,140.
CONSENT AGENDA:
15. MO 4411 approving purchase of two 4 channel mMuxes (sic) and (117-006)
two 8 channel sMux card upgrades from Gandalf Data Inc. , for
the Convention Center, for $7,541.
16. Res 16877 granting a 10-ft easement extending southerly from (147-001)
Sonora Road, to SCE for service at the Equestrian Center.
17. MO 4412 approving agreement with Desert Aids Project of the (085-001)
Community Counseling and Consultation Center for AIDS prevention
and education services, in amount of $10,000 CDBG funds Agr
#2749.
18. MO 4413 approving agreement with the Riverside County Coalition (085-001)
for Alternatives to Domestic Violence for counseling services
for victims of domestic violence, in amount of $5,017 CDBG
funds - Agr #2750.
19. MO 4414 approving a sub-recipient agreement with the Housing (085-001)
Authority of Riverside County, for $21,840 from its 1989-90
CDBG program for the operation of the Emergency Shelter for
the homeless - Agr #2751.
3'„`?
Council Minutes
8-9-89 Page 8
20. MO 4415 approving a sub-recipient agreement with the Housing (085-001)
Authority of Riverside County, for $35,000 of its 198y-90
CDBG program for a Fair Housing Program - Agr #2752.
21. MO 4416 approving a sub-recipient agreement with the CV Housing (085-001)
Coalition for $60,000 of its 1989-90 CDBG program for a multi-
family rehabilitation program - Agr #2753.
22. MO 4417 authorizing expenditure of budgeted funds to advertise (139-002)
and market. the Convention Center in four national publications,
for $47,245.
23. MO 4418 approving purchase of paid Airport advertisement on (051- )
the back cover of the Palm Springs Desert Resorts Facilities
Guide, published by PS Life Magazine, for $7,512.50.
24. Res 16878 approving monthly contributions toward health insur- (110-007)
ance for police safety unit pursuant to MOU for 1989-90.
25. Res 16879 amending the Allocated Positions & Classification
Plans to add a Tourism Public Relations Coordinator, and a (061- )
Secretary II.
26. Res 16880, 16881 and 16882 approving Payroll Warrants and (086-007)
Claims & Demands.
27. MO 4419 ratifying City Manager' s authorization for an emergency (128-004)
rebuilding of four manholes by Hendrickson Construction, for
$6,711.
28. MO 4420 accepting proposal of Electro Management for electrical ,
telephone, and public address wiring in connection with the (051-039)
new airline ticket counter project, for $10,500, plus an alllot-
ment of $7,500 for parts.
29. MO 4421 awarding bid for 40,000 rounds of ammunition to Dooley (084-006)
Enterprises for $13,81.9.44.
30. Res 16883 authorizing acquisition of the following rights-of-way
for Assessment District 155: SW corner Mesquite/Crossley (056-009)
(Lawrence Bow) ; W side Gene Autry, 995 ft. S of Ramon (Frank
Shipley) ; SE corner Ramon/Williams (Allen Davis) ; and SE corner
Ramon/Calle Santa Cruz (Sungold Development Co. ).
It was moved by Broich, seconded by Foster, and unanimously
carried, Apfelbaum absent, that R16877 through 16883 and
MO 4411 through 4421 be adopted.
ADDED STARTERS: It was moved by Broich, seconded by Neel , and
unanimously carried, Apfelbaum absent, that the following item
be added to the agenda:
31. ANNUAL FLOWERS
MO 4422 awarding purchase of petunias and pansies from (084-006)
Color Spot for $5,907.94 was presented; after which, it
was moved by Foster, seconded by Broich, and unanimously
carried, Apfelbaum absent, that MO 4422 be adopted.
REPORTS & REQUESTS:
CLOSED SESSION: Report by City Attorney of Settlement Agreement
with McDevitt & Street re Convention Center chillers, approved (139-001)
by the Council in Closed Session June 21, 1989 - Agr #2754.
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Council Minutes
8-9-89 Page 9
DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Treasurer's Monthly - May, 1989 (121-002)
CITY COUNCIL reports or requests - None
PUBLIC reports or requests - None
STAFF reports or requests - None
a) Sports Festival : City Attorney reported that this
matter was reviewed at a study session several weeks
ago, and is similar to the agreement for bicyclemania;
that a draft agreement was prepared, and fine tuning
is required, however, the promoter is in jeopardy
of losing corporate sponsors because of the lack of (050)
specific Council approval ; and that the situation
needs to be resolved prior to the next meeting.
It was moved by Broich, seconded by Foster, and unani-
mously carried, Apfelbaum absent,that this matter
be added to the agenda.
City Attorney requested that the Council approve the
agreement, subject to approval of the final draft
by himself, the City Manager and the Director of
Community Services and Promotions.
Mayor stated that he saw the draft agreement, and
had concerns regarding the variety of events that
must be put together by November, and the number of
those which are not now in place; and that he wanted
to make certain that there was not going to have to
be substantial backing by the City.
It was moved by Broich, seconded by Foster, and unani-
mously carried, Apfelbaum absent,that the City Manager
be authorized to execute an agreement for the Sports
Festival , subject to his review and approval and that
of the Director of Community Services & Promotions,
the City Attorney and the Mayor.
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned.
i 1
,JUDITH SUMICH
City Clerk