HomeMy WebLinkAbout9/20/1989 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES `;9 8
SEPTEMBER 20, 1989
A Regular Meeting of the City Council was called to order by Mayor
Bono in the Council Chamber, 3200 Tahquitz-McCallum Way, on
Wednesday, September 20, 1989, 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 an invocation
by Dr. James Henry, ABC Wedding Service.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with Council
policy on September 15, 1989.
PRESENTATION OF AWARDS:
Mayor presented appreciation plaques to the following
former Commissioners: Lynne West (Library, ) Janice Lyle (74)
and Richard Milanovich (Historic Site, ) Russell Beirich
(Economic Development. )
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 Apfelbaum, and unanimously
carried, that the Minutes of August 29, 1989, be approved.
PUBLIC HEARINGS:
1. PD 185 (REVISED) - DESERT HOSPITAL
Recommendation: That the Council approve the revised
master plan for the Desert Hospital , under Planned
Development District 185, for property bounded by Indian
Avenue, Tachevah Drive, Via Miraleste and Mel Avenue,
Section 11.
Planning Director reviewed the memorandum of the Director (116)
of Community Development, and commented on the display
boards in terms of future phases, and conditions recommended
by the Planning Commission, and stated that the neighborhood
opposition relates to the relocation of the helipad, and
the emergency access off of Tachevah Drive; that the FAA
and the Aeronautics Division of CalTrans will be required
to approve the helipad and flight path; that the helipad
will be subject to review after one year, and if found
to be an excessive use, or nuisance to the neighborhood,
it could be prohibited; that a signal is proposed at
Tachevah and Via Miraleste, and noted there will be future
signals on Tachevah at Caballeros as well as at Sunrise;
that Tachevah is a secondary thoroughfare; that the project
will add about 8,000 cars per day, which is within the
capacity of a secondary thoroughfare; that the Traffic
Engineer determined that a second access from Indian Avenue
would be possible, however, he thought the Tachevah access
was better because it did not create an unnecessary
interface with Indian Avenue; and that the previously
approved helipad location on the north side of the site
contained the same caveat of a one-year trial period,
that other than a rooftop location, no other sites were
discussed, and that no site was approved prior to 1987.
Council Minutes
3 99 9-20-89 Page 2
1. PD 185 (Continued)
In answer to questions by Council , Planning Director stated
that in 1987, the idea of a helipad was new, and the
relationship to the emergency center was thought to be
the most logical , general location; that the flight plan
will be required to be filed with the FAA Tower, and the
path would traverse mainly over Indian Avenue, the hospital
site, and Tachevah; and that pilots unfamiliar with the
area, may create unknown factors.
Mayor declared the hearing opened.
Mike Fontana, Vice-President of Planning for the Hospital ,
commented on the Hospital ' s strategy for future development,
and its desire to make Indian Avenue its front door, and
to physically move the hospital in that direction; that
the plan creates direct access, simplifies getting people
to the hospital , clearly identifies the emergency and
lobby areas; and that they have spent the last fourteen
months reworking the previous plan. He described two
possible approach paths, and agreed to a conditiion that
no path shall be approved to pass over the elementary
school ; that the helipad was designed in excess of
requirements, thereby creating a greater distance from
the curb on Tachevah; that both medical and security staff
will be dispatched whenever a landing is made; that a
visual study he made this date showed that 69 children
used Via Miraleste to get to school , compared to 11 who
used Tachevah, and the after school count showed 153 using
Via Miraleste, and 14 using Tachevah (mainly along the
south side) ; that emergency room access off of Indian
Avenue is possible, but not as functional as off of
Tachevah; and that he has not objection to a one year
condition on the helipad, and would agree to adding the
emergency room access on Tachevah.
Deyna Hodges, 2122 E. Baristo, questioned whether
Councilmember Apfelbaum had a conflict of interest, and
that she believed she did have a moral , legal and ethical
conflict, because her husband is a doctor.
City Attorney stated that the question of conflict of
interest for both Councilmembers Apfelbaum and Foster
has been carefully researched, and discussed with several
attorneys, as well as the Fair Political Practices
Commission, and found that neither member has a legal
conflict, and if they wished to abstain, they could do
so, otherwise they were both free to vote on this matter.
David MacEwan, PSUSD, paraphrased its letter whiich had
been submitted to the Council , a copy of which is on file
with the City Clerk, expressing concern regarding potential
overflights of the Katherine Finchy School , and conflict
between student pedestrian and vehicular traffic on
Tachevah.
Chris Mills, architect for the hospital site work, stated
that several alternatives for the emergency room access
were considered, including one off of Indian Avenue, and
the access off of Tachevah was considered the safest,
the most unobtrusive, and the most easily recognized by
persons needing the emergency room, who are normally under
stress, and who would not be able to visually see the
emergency room entrance from Indian Avenue.
Council Minutes
9-20-89 Page 3 ���
1. PD 185 (Continued)
Sarah Cleff, 1508 El Alameda, spoke in support of the
application, and stated that there were helicopter landings
before on Via Miraleste, which was more dangerous, and
the project should be approved, with the knowledge that
the helipad will comply with aeronautical requirements
and FAA procedures.
William Monapere (?) , 1172 May Drive, stated that "need"
and "emergency" usually means that someone else makes
a sacrifice, and the Council should consider Palm Springs,
and not the entire Valley.
Jim Stewart, 1037 Tamarisk, Chairman of the North Palm
Canyon Advisory Committee, stated that the Committee had
previously supported a helipad on the Paseo El Mirador
side of the property, but has unanimously voted to oppose
the site on Tachevah, and recommend a location atop the
tower to be built; that it is opposed to a signal on
Tachevah at Via Miraleste; and that the eucalyptus trees
are all that remains of the original El Mirador hotel
development.
Dr. Frank Ercoli commented on the impact of a trauma center
on society, and its positive impact on reducing morbidity.
Mary Davis, Chief Flight Nurse for Mercy Air, commented
on her experience, and the critical nature of the, "golden
hour," and stated that it currently takes fifteen minutes
to transport a patient from the Airport to the hospital .
Nick O'Penky (?) Mercy Air, stated that he has flown for
most of the emergency medical transport services, that
FAA rules are obeyed by pilots, that it takes longer to
land, load and transport at the Airport, than perhaps
going directly to Loma Linda; and disapproval of the project
will detrimentally affect health care in the Valley.
Susan Picchione, 968 Ave. Olivos, stated that she is opposed
to the helipad because of its proximity to the school
and the sidewalk on Tachevah, and it will attract children;
that very large helicopters have landed at the hospital ;
that military pilots ignore flight patterns; that the
emergency room access is a greater danger, because of
its 24-hour operation; that students cross Tachevah even
if they use Via Miraleste; that there are no curbs or
sidewalks in place now; that the hospital should not gamble
$100,000 on an investment that may not be reapproved in
one year, but make certain that the safest possible design
is created at the beginning; that she is not opposed to
a helipad or the emergency room access, only the proposed
locations; and that Mr. Cheatham recommended the helipad
be placed on top of the radiology building.
Director of Aviation reported that all pilots are required
to follow the same regulations, and if found in violation,
FAA Control Tower has the authority to contact the military
commander to have the pilot appropriately sanctioned;
that the approach tract is shown on the scope at the tower,
and any deviation is readily seen by the tower personnel .
Dr. Picchione, 968 Ave. Olivos, opposed the project on
the basis of proximity to the school and increased traffic,
and recommended placing the helipad on top of the tower
nearest the surgery wing, involving more of the community
in the hospital 's future planning, providing emergency
room access off of Indian Avenue, retaining the trees,
and closing Avenida Olivos to through traffic.
Council Minutes
401 9-20-89 Page 4
1. PD 185 (Continued)
Dr. Aram Jigarian, 933 Ave. Olivos, :stated that. traffic
will increase on Tachevah, that signing would not be any
greater or lesser on Indian Avenue, than on Tachevah;
that the funds would be better spent: supporting one of
the nursing towers; that most of the emergencies are not-
life-threatening; that there have not been any landingss
at the hospital since March, 1988, and only fourteen at
the Airport, none of which were life-threatening; that
the surgery department did not vote to have a trauma unit;
that he thought problems regarding the emergency room
entry could be resolved by placing the entry on Indian
Avenue.
Mary Lawler, representing the Board of Directors of the
homeowners association the Palm Springs Town Homes, stated
that their complex is under the flight path; that they
never got used to the noise, nor the 'idea of danger from
a possible accident; that there is no legal requirement
for a helipad; that landings have been at the Airport
since March, 1988, with no loss of life; that pilots have
said they will take the best route to the site; that Mr.
Fontana alluded to, and Dr. Ercoli specifically stated,
that transporting non-emergency cases by helicopter would
increase.
Jesse Pelia, 770 Phillips Road, a Boy Scout, supported
the use of helicopters for transporting injured people.
Veronica Tokier (?) 2232 Cardillo, staff at Desert Hospital ,
stated that opposition reasons for not having the helipad
are not justification for disapproval ; that it is a positive
step to serve common goals.
Dr. J. Bednar., 901 Ave. Palos Verdes, stated that the
project should not be tried for one year, and then
evaluated, rather make certain it is correct at the
beginning.
Rich Richmond, 1025 Ave. Olivos, stated that he owns the
first house nearest the emergency room access and helipad;
that many children use both side of Tachevah, both for
going to school , returning home, and for field trips;
that the edge of the pad is within a few feet of the
sidewalk; that flights will happen over the homes, because
the pilots will take the most direct route; and that the
issues are one of access from Indian Avenue, and the
location of the helipad for the most direct approach -
not that pilots will turn right, or left from Indian Avenue.
Chris Foster, 943 Ave. Olivos, opposed the helipad and
emergency room access, and stated that they will cause
extreme danger to children on Tachevah.
Dr. Arthur Greenwald supported transporting patients from
the Airport.
Barbara Brown, .Ave. Olivos, stated that the Hospital should
start over, and get input from different aspects of the
community as to what it wants.
Kip Lyons, attorney representing Shan Sayles, 1001 Ave.
Palos Verdes, reviewed in-depth his letter submitted to
the Council , a copy of which is on file with the City
Clerk, expressing opposition relating to the helipad and
emergency room access.
Council Minutes
9-20-89 Page 5 40
1. PD 185 (Continued)
There were no further appearances, and the hearing was
closed.
Councilmember Foster stated he was not opposed to the
expansion, reorganizing the emergency room, a trauma center,
or the helipad, but that he believed it would be possible
to have the helipad, without danger to the children, or
additional noise to the neighborhood; that it was not
good planning, but wishful thinking, to consider spending
the money now, and resolve it later; that if the wind
is blowing, the pilots will take whatever they deem to
be the safest route, and many times will not fly over
Indian Avenue; that Cheatham found 8-10 faults with the
proposed location, which can be corrected; that the use
of the helicopter for transportation will not be an
incidental use in the future, rather more commonplace;
that he favored returning the matter to the Planning
Commission to re-address the two issues; and to consider
the closing of Avenida Olivos, as an additional protection
to the residents.
Councilmember Broich stated that a conversation he had
with a pilot indicated that in the wind, he would not
come over Indian Avenue; that a number of doctors have
expressed opposition; that the location is poorly planned,
and it will attract children to the helicopters; that
hospital security may busy, and unable to attend all
landings. He moved that the plan be returned to the
Planning Commission with instruction that the emergency
room access be relocated to Indian Avenue, and that the
helipad be placed in a more central site on the property;
said motion was subsequently seconded by Foster.
In answer to question by Council , Planning Director reported
that the Planning Commission has held eight hearings on
the hospital expansion; that this date is the second of
three hearings by the Council ; and that there were six
hearings on the Airport master plan.
Councilmember Apfelbaum stated that policy cannot be made
based on what some fear may happen; that the situation
is not ideal , but she was not convinced that relocating
the helipad will make it any different in terms of safety;
that moving the emergency room access may relieve some
people' s anxiety, but it will not change the traffic volume;
that a trauma center is needed; and that she was concerned
about children at-risk, as well as a community at-risk.
In answer to her questions, Planning Director stated that
sidewalks on Tachevah are included in the City' s master
plan, and that there has been some discussion with the
residents concerning the possible closure of Avenida Olivos;
after which, she stated that the trees could be replanted,
and questioned if it would be possible to use hospital
security to make sure no children are crossing the street
at times when the landings occur. She moved that the
plan be approved with those concerns mitigated either
by the City, or by the Hospital ; said motion was superceded
upon Mr. Foster seconding the motion by Mr. Broich.
In answer to question by the Mayor, Planning Director
and Director of Aviation stated that the FAA must approve
the flight plan; and CalTrans must approve the helipad,
and it will be looking at it from a standpoint of safety,
and not the best location on the site, and if it was found
that the path was not safe, it would not approve the
pattern - nor, in effect, the site.
401 Council Minutes
9-20-89 Page 6
1. PD 185 (Continued)
Mr. Fontana stated that the Division of Aeronautics had
looked at several sites within the NW corner of the
property, and the selected site was based on its input;
that a site on top of the buildings was not considered;
that the Paseo E1 Mirador site had already been approved;
that they tried to maintain the goal of keeping the
emergency room and radiology in close proximity to each
other; that the noise will be the same regardless of
location; that he must assume the pilots will obey
directions; that there is no added value in placing it
on top of the building, and would only mean the expenditure
of more money, and would not address errant pilots; and
that he is comfortable with the one ;year review period,
because he is confident that they have done a good job
of planning, and will prove it within that one year.
Planning Director stated that the Planning Commission
action was by a 3-2-1-1 vote, with opposition concerns
based mainly on the helipad, and seccndly on the emergency
room access; that, depending on the direction from the
Council , a reconsideration by the Planning Commission
may take five weeks.
Mr. Fontana stated that they are looking at pre-construction
discussion with contractors, and are ready to proceed,
and a delay will cause problems; that: he is willing to
look at the schematics again with the staff, with
understanding that configuration of the buildings is
approved.
Councilmember Foster stated that there was no diiscussion
concerning architecture - only the site plan, which is
one of the last aspects to be done, and a delay would
not affect the remainder of the project; and noted that
this is the first time the Council has seen this specific
plan.
Councilmember Apfelbaum stated that she could not support
action which would mandate that the locations be changed.
Mr. Fontana stated that he wanted to make certain that
other problems were not created, and that they can work
with the Traffic Engineer and the Planning Commission
to see what works the best, but that it should be with
a flexible approach.
Councilmember Foster stated that if it is not feasible,
nor practical , the matter would still come back to the
Council for final action.
Motion by Broich, as above stated, failed to carry by
the following vote:
AYES: Broich & Foster
NOES: Apfelbaum, Neel & Bono
ABSENT: None
It was moved by Foster, seconded by Apfelbaum, and carried,
by the following vote, that the Council approve the master
plan concept, buildings, and layout, and refer
recommendation to Planning Commission to review and
recommend whether helipad and emergency room access should
be relocated away from Tachevah Drive:
AYES: Apfelbaum, Foster, Neel & Bono
NO: Broich
ABSENT: None
Council Minutes ; .
9-20-89 Page 7 40.E
PUBLIC COMMENTS:
a) Steven Rosen, Beachcomber shop, and President of the
DBIA, stated that he wished to assure the Council
that the DBIA was doing everything possible to get
a good list of nominees for the Board of Directors
of the DBID; that the nominations opened August 4,
and of 66 nominated, 33 have agreed to run for election,
which included 6 from the DBIA, 6 from businesses (133)
currently opposed, 5 from hotels, 5 from restaurants,
4 from financial institutions, 5 from professional ,
and 14 from retail ; that although the period was closed
on September 1, the DBIA has reopened the nomination
period commencing this date through September 29,
in the hope that more people will run, or nominate
others. He gave the specifics for submitting
nominations.
b) George Goldberg, Box 4156, restated viers he has
previously expressed concerning city government, and
RVs; and suggested that the City should have a municipal
RV park near the entry to Palm Springs.
c) Rose Mihata spoke concerning Item 6A, and stated that
her request is to use the first tax bill as the date
for determining whether a property is subject to the (112)
seismic safety mitigation ordinance, when the date
of issuance of building permit is in question. She
stated that she and the Building & Safety Director
have worked on determining a date for her property
(The Pacific Building) for two months; that she did
not think heresay was an appropriate factor; that
she could prove the HSPB determination was in error;
that the City does not have records prior to 1938;
and the utility companies told her that their records
should not be taken as fact.
Gary Marshall , Apollo Management, 777 N. Palm Canyon,
also urged that the tax records be used to determine
the construction date.
d) DBID:
Esther Youngerman, 1068 Olive Way, spoke in reference
to a copy of the "Shop Palm Canyon" publication, and
stated that it includes 81 businesses which are not
on Palm Canyon, 16 unlicensed businesses, a double
listing of restaurants in hotels, and an incorrect
map.
(133)
Pauline Smith, 749 Prescott and 278 N. Palm Canyon,
stated she opposes the district; and suggested that
the Council spend funds for this purpose instead of
further "fancying" of Andreas Road.
Council Minutes
405 9-20-89 Page 8
DBID (Continued)
Hunter Johnson, 245 Vereda Norte, stated that the
protests represented less than the 50. 1% required
to halt the proceedings; that there were a number
of protests in dispute, and the Council viiII make
a. determination of those; that he recognized that
even if a-dl protests were valid, the percentage would
fall short of the 50. 1%; that the City staff did a
good job in evaluating the protests, and i'n trying
to be consistent, but he questioned how the original
base was established, and noted that he thought the
staff was surprised by some of the reported gross
sale volumes as being less than they assumed - although (133)
he also recognized it might be an effort to pay less
tax; that only ten people spoke in favor of the
district, but there were 317 names of people opposed,
although he acknowledged that there are more than
ten in favor of the district.
Joan GdttL150, 264 Debby Drive, questioned how the
base of $224,000 was determined, since it was first
reported that there were 1,100 businesses and the
amount would be about $200,000; thiat the next report
showed the assessment was up to $212,000, but the
number of businesses dropped to 821; that as of the
date of the hearing, the numbers changed to 735
businesses and the amount of $224,000; that if the
Council had granted a two week continuance of the
hearing, the opposition would have been able to gather
the needed additional 10%; and that. she felt the time
frame was poorly established.
Carlo Gattuso, Carlo' s Deli , spoke in opposition,
and stated that he was concerned that an article in
the, "Public Record," dated August 16, quoted Mr.
Lukov regarding increases in the El Paseo District
rates (reporter from the paper was present, and affirmed
that he misquoted Mr. Lukov) ; and stated that it is
a lot of money from a few people.
Rick Service, President of P.S. Now and representing
Las Casuelas and Las Casuelas Terazz:a, urged proceeding
with the district; establish system to handle election
of the board; continue to provide physical improvements
downtown; and encourage merchants to do for themselves
that which the Council cannot do for them.
Monte Lukov, Main Street„ stated that it is proper
for contributions to be made to the district by others
who are not within its boundaries,, and a number of
people have expressed a desire to do so.
LEGISLATIVE ACTION:
2. DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (Continued from 9-6-89)
Recommendation: That the Council adopt Ordinance
establishing the formation of a Parking and Business (1.33)
Improvement Area to be known as the, "Downtown Business
Improvement District of the City of Palm Springs. "
Council Minutes
9-20-89 Page 9
2. DBID (Continued) 4 0 G
City Manager reported that a rate increase would go through
the same process as the formation of the district, and
guarantees the members of the district the opportunity
to protest, should that be proposed; that the possibility
of extending the improvement of Andreas Road has been
discussed, however, there are no funds budgeted for that
purpose.
Director of Finance reported that the first list of business
was from three year old records, and was not provided
by the City; that when the City became involved in the
listing, a current computer run was produced, which
generated 821 names, which included types of licenses
not subject to the district, e.g. , dance permits, insurance,
which was further offset by financial institutions to
be included in the district, but not subject to a license;
that the base amount was based on a 25% response of the
sample sent out, which resulted in the $212,000 figure;
that protests were received up until the date of the
hearing, and the base was modified in order to use the
largest sample possible, to reflect to the most accurate
amount; that by the time of the hearing, there was a
50% sample return; that if everything were recalculated,
using a 50% sample, the difference would be 1.2%; and
that the protests determined by staff to be insufficient
would represent 1.4%.
It was moved by Foster, seconded by Neel , and unanimously
carried, that the memorandum of Director of Finance,
pertaining to the protests, be received, and that the
Council finds that the protests identified as invalid
are determined by the Council to be invalid protests.
Councilmember Apfelbaum stated that the proposal has flaws
in terms of boundaries, the mix of businesses included,
and the fees, but two years has been spent in bringing
the project together by a diligent committee, property
owners, merchants, and it has the commitment of the business
people and the Chamber of Commerce; that the vacancy factor
has increased 10% in the last year, and there is no time
left to delay the decision to do something downtown; that
there is room for improvement; that DBIDs have worked
throughout the state; and that the community must be on
the cutting edge.
Councilmember Broich encouraged those who are opposed
to the district to become involved, and to add their names
to the ballot for the Board of Directors.
Mayor stated that the City added $550,000, independent
of the assessment district, for promoting and marketing
Palm Springs, demonstrating that everyone is trying to
achieve the same goal ; and that everyone may not realize
what it meant for the Council to bring that action about.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ESTABLISHING A PARKING AND BUSINESS IMPROVEMENT AREA
TO BE KNOWN AS THE, "DOWNTOWN BUSINESS IMPROVEMENT
DISTRICT OF THE CITY OF PALM SPRINGS. "
It was moved by Apfelbaum, seconded by Broich, and
unanimously carried, that further reading be waived, and
that the Ordinance be introduced for first reading; and
the Council confirm the MOU with DBIA, to ratify 15-member
Board of Directors to be elected from General Membership
of and by the District, with nomination period to said
board to be reopened from 9-21-89 through 9-29-89.
Council Minutes
4 n 7 9-20-89 Page 10
3. PALM SPRINGS MUSIC FEST
Recommendation: That the Council approve a three-year
agreement with Palm Springs Music Fest, a California
Corporation for the production of "Music Fest", at a City (50)
support cost of $58,149, A2767.
Special Events & Recreation Manager noted that minor changes
were made to the agreement, concerning sanctioning of
other events during the same period; and postponement
in event of insufficient sponsorship funding.
Resolution 16906, approving the agreement as revised,
was presented; after which, it was moved by Foster, seconded
by Broich, and unanimously carried, that. R16906 be adopted.
4. CROCKER LIBRARY LEASE - DENISE MEYER
Recommendation: That the Council approve a new five-year
lease of the former Crocker branch library, 2250 North
Via Miraleste, by Denise C. Meyer, dba Ed-U-Care, child (99)
care center. A2768. This item was reviewed in study
session, and no further report was given,.
MO 4445 approving agreement as recommended, was presented;
after which, it was moved by Apfelbaum, seconded by Neel ,
and unanimously, carried, that MO 4445 be adopted.
5. BICYCLEMANIA - GREG LEMOND
Recommendation: That the Council approve expenditure
for appearance fee for Greg LeMond during the BicycleMania
event for $10,000. A2769. This item was reviewed in
study session, and no further report was given.
Resolution 16907 approving agreement as recommended, was (50)
presented; after which, it was moved by Apfelbaum, seconded
by Neel , and unanimously carried, that R.1.6907 be adopted.
ADDITIONAL LEGISLATIVE ITEMS: (Satisfied agenda posting requirement)
6A. SEISMIC SAFETY MITIGATION MEASURE - CONSTRUC-11ON DATE
Recommendation: That the Council establish a policy of
criteria to be used to determine construction dates for
buildings subject to Seismic Safety Ordinance.
City Manager reported that the staff recommended that (112)
all data be considered in establishing the date; that
Rose Mihata had asked that the Council limit the criteria
to tax records only; that the issue Ibefore the Council
was the policy, and not a formal appeal which would not
be timely, nor appropriate before the Council ; and that
if there were a difference of interpretation, it would
be appealable to the Board of Appeals; and that two
alternative resolutions were drafted - one reflecting
the staff recommendation, and the other limiting the
criteria to tax records (excludes a, "less one year,"
deductible suggested by Ms. Mihata. )
Building & Safety Director reported that it would be best
to use as many resources as possible to determine the
date; that the County records often have conflicting dates
on the same record; and that the key factor is the date
of construction, not completion.
Council Minutes
9-20-89 Page 11 408
6A. MITIGATION (Continued)
Rose Mihata stated that she meant to refer to the tax
bill , which she felt would reflect the fact that an
improvement had been made to the property, and one year
could be subtracted in order to arrive at the construction
date.
Councilmember Broich stated that a government record should
be considered the most reliable, and that tax bill does
not change.
City Attorney stated that he believed there is a potential
for liability if the City does not use all available
information; that there is a 70% chance that unreinforced
buildings will crumble in a 7-8 point earthquake, and
if the City has not used all available information to
determine those buildings which are unreinforced, it has
a potential liability; that perhaps the best evidence
is an aerial photograph, even if the Tax Assessor has
not yet shown the improvement; and that there is only
a narrow time frame where the date is not pinpointed;
and that the best evidence available should be used.
He noted that the tax bill is only one of the Assessor' s
records.
Resolution 16908, establishing criteria, as recommended
by staff, was presented; after which, it was moved by
Apfelbaum, seconded by Foster, and unanimously carried,
that R16908 be adopted, subject to revision to included
tax bills and other Assessor records.
6B. COMMISSION APPOINTMENTS:
Mayor announced the following appointments; after which,
it was moved by Apfelbaum, seconded by Broich, and
unanimously carried, that said appointments be approved: (60)
Visitors & Promotions Board Zetta Castle, 1-50 room,
term 6-30-91
Airport Commission Ray Hutchison, term 6-30-92
(Note: Other items approved with Consent Agenda items)
CONSENT AGENDA:
7. MO 4448 accepting a service proposal from First Interstate
Bank to act as Trustee, Registrar and Paying Agent for the
refunding certificates of participation - 1989 Wastewater ( )
treatment Plant Project, A2771.
8. MO 4449 awarding contract for bikeway signing installations (109)
at various locations, to Interstate Striping Co. , for $35,000,
CP88-54, A2772.
9. MO 4450 approving agreement leasing 0.67 of an acre of Airport
property to Desert Stage Lines, Inc. , for one year for $550 (51)
per month, for vehicle storage A2773.
10. Res 16910 approving a form of agreement entitled, "Airport
Use Agreement - Air-Freight Operations" 'to be utilized as (51)
a standard agreement form for comRercial air-freight operations
at the Airport.
11. Res 16911 approving Amendment 4 to the Allocated Positions
and Compensation Plans for 1989-90, to add one Grounds (61)
Maintenance Worker in the General Operations Department.
4�)�� Council Minutes
9-20-89 Page 12
12. MO 4451 awarding bid for CQS-1H slurry seal asphalt emulsion (136;
to Koch Materials for $120.91 per ton.
13. Res 16912 and 16913 approving Payroll Warrants and Claims (86)
& Demands.
14. Res 16914 accepting repayment of $297,500 in loans from the
Community Redevelopment Agency from the Convention Center; (61)
and Res 16915 amending the budget to repay loan to
Tahquitz-Andreas Redevelopment Fund for $297,500. (See CRA
Item this date).
15. MO 4446 ratifying emergency repair of fixed) seating in lecture
hall of Convention Center by Seating Corp, for $8,600. (139-
16. Res 16909 ratifying execution of a purchase contract relating
to the 1989 refunding Certificates of Participation (Wastewater ( )
Treatment Plant, Convention Center Master Lease, ) and approving
various documents relating thereto.
17. MO 4447 awarding contract for rubber, chip and slurry seal
applications to Manhole Adjusting Contractors, Inc. , for (136)
$777,951. 54, CP89-20, A2770.
It was moved by Apfelbaum, seconded by Neel , and unanimously
carried, that Resolutions 16909 through i 16915 and MO 4446
through 4451 be adopted.
ADDED STARTERS: None
REPORTS & REQUESTS:
DEPARTMENTAL REPORTS - Received & Ordered Filed:
a) Library Annual Report 1988-89. (99)
CITY COUNCIL reports or requests - None
PUBLIC reports or requests - None
STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned, as rioted.
A QUORUM OF THE COUNCIL MAY CONVENE ON TUESDAY, SEPTEMBER
26, 1989, at 7:30 a.m. to travel to the John Jerde &
Associates Offices at 2798 Sunset Blvd. , Hollywood for
a meeting concerning an amendment to the Jani Productions
agreement. The meeting to begin at 9:30 a.m. The Council
to reconvene in Adjourned Session on said day, in the
Large Conference Room, City Hall , at 4 p.m.
'"JUDITH SUMICH
City Clerk