HomeMy WebLinkAbout10/18/1989 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
OCTOBER 18, 1989
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, October, 1.8. 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 Lynne Kasal , Church of Religious Science.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: The agenda was posted in accordance
with Council policy on October 13, 1989.
SWEARING IN OF POLICE CHIEF: Loyalty Oath was administered by City
Clerk to Don Burnett, Police Chief.
PRESENTATION OF AWARDS:
Mayor presented appreciation plaques to the following former
Commissioners: Helen Ganz, Dorothy Kirby, John Miller, Russell (74)
Beirich.
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 Broich, seconded by Foster, and unanimously
carried that the Minutes of September 20, 26, October 3 and
4, 1989 be approved.
PUBLIC HEARINGS:
1. AA 3.0223 (CHEROSKE) - HAROLD MATZNER APPEAL
On October 4, 1989, the Council approved an additional two
week continuance of appeal by Harold Matzner from Planning
Commission approval of an addition, patio remodeling and (111)
repainting at 575 Patencio Road.
City Manager stated that the attorney for the appellant had
requested a continuance.
Motion by Broich, seconded by Foster, and unanimously carried,
that the item be continued to the next meeting.
PUBLIC COMMENTS:
a) Shirley Frie, no address given, stated that contact with
the City Attorney' s office had given no relief in the
problems she is experiencing with a real estate broker
who conducts business from the clubhouse of the Condominium
development she lives in; that there are also two full
time sales agents also using the clubhouse as an office;
that if the Council urges citizens to follow the law in
regards to drugs, the same principal should be applied
to the City's zoning ordinance; that the zoning for the
condominiums does not allow for commercial use; that Code
Enforcement has been of no help; and questioned who she
should contact to get enforcement of the City's Ordinances.
Council Minutes
10-19-89, Page 2 4 20
PUBLIC COMMENTS (Cont)
City Attorney stated that his office has examined the
case; that it does not merit a Superior Court action,
but that the homeowners association could choose to take
action; and that City Ordinances take precedence over
any contracts issued.
b) Charles Mayer, Vice-President of Citizens of Palm Springs,
207 Beau Regaro Way, stated that the Mayor and other
Councilmembers had referred to the group as antagonists,
but that the group is taking an objective viewpoint on
the City; that members are composed of residents in affluent
areas; and that they were extending a formal offer to
help with the film festival .
c) Herman Same] , 900 E. Saturnino #208, stated that the Council
should request an investigation of Springs Ambulance;
that he got involved with the ambulance service by dialing
91.1; that the company charged him, but will not detail
the bill ; that the bill was sent to Medicare and returned (87)
from it with a note that it only approved 29% of the bill ;
that the ambulance company was not an approved life saving
service; that he contacted Springs Ambulance, but did
not receive an explanation; that Springs rebilled Medicare,
and payment was adjusted to reflect 68% of the billing;
that the pricing of ambulance services should be controlled
by the Council ; that the City should obtain its own
paramedic services; that any complaints against the
ambulance services should be investigated by City Staff;
and that he would assist in anyway necessary.
Councilmember Broich stated that staff should look into
the operation of a paramedic staff.
City Manager stated that there are a number of issues
to be looked into and that the Fire Chief has reviewed
this same issue in the past, and will repori back to the
Council .
c) James Cioffi , architect, stated that there may be questions
concerning Item 3, and that he would be available to answer
them at that time; that he has notes from the March 16,
1988, City Council meeting, and that all conditions have (116)
been met; that the final plans have been approved by all
entities involved; that it is time for the project to
move forward; and that approval from the Council is
requested.
d) George Goldberg stated that a recent issue of Motorhaul
magazine included an article on ordinances banning RV' s;
that he has been dealing with the City since 1987 regarding
his RV; that he suggested hiring new city attorney' s;
and that the City Manager had sent city employees to the
earthquake scene in San Fransico, and questioned who would
pay the expenses.
e) Hugh Kaptur, Kaptur & Cioiffi , stated the his comments
were regarding Item 3, and would refrain from speaking (116)
until the item was considered by the Council .
Council Minutes
4 .� 10-18-89, Page 3
PUBLIC COMMENTS (Cont)
f) Daniel Sivigliano, 489 E. San Raphael , stated that the
name San Raphael should be retained; that there are
homeowners east of the Tramway who would be affected by
the name change; that he previously laresented a petition (135
to the Council supporting the street name of Sari Raphael ;
that residents are greatly inconvenienced when a street' s
name is changed; that the Tramway goes up the mountain,
not the valley floor; that ridership has gone up every
year, so people apparently are able to find the Tram;
that it will cost the City $1,800. , to change the name;
and that the Council should allow the name to remain.
g) Duke Kosslyn, 1559 Concho Circle, Airport Commissioner,
requested that the Council support the Airport Commission's (51)
recommendation for Item 4; that the Commission Members
did not think a local architect would enhance the project;
and that Gensler and Associates have a proven, successful
history with the Airport.
h) Pam Ravera, 1830 Racquet Club Road, stated that it was
an honor to have a Council who 'listens to citizens
complaints, and that she supported the Council in any
decisions they make.
i ) Dr. Robert Bertrand, 933 Chino Canyon, stated that attention
should be called to the City' s disaster plan; that Palm
Springs sits on top of a major fault; that for the safety
of the citizens, a better plan needs to be devised; that
Councilmember Broich' s comments should be heeded regarding
having the City operate an ambulance service; that many
communities require safety personnel to live in the city
in which they work, and questioned why Palm Springs does
not do so; and that there are communities much better
prepared than Palm Springs which are not located near
a fault.
Councilmember Foster stated Palm Springs has a Disaster
Preparedness Program and staff designated for that: purpose;
that the front of the telephone book is devoted to what
is needed in the preparation of earthquakes; and that,
in the past, brochures have been mailed to citizens
regarding disaster preparedness.
City Manager stated that one can never be too prepared;
that in light of the recent earthquake in San Fransico,
staff would tie reviewing the current disaster plans for
the City, and that the City cannot require employees to
live within the City' s boundaries, but that a response
time for safety personnel is required.
k) Frank Wiskowski , 2347 Via Lorenzo, questioned whether
the City sent personnel to San Fransico to help with the
aftermath of the earthquake, (CM stated no) and stated
that the Building Department needs changes; that the system
to receive a plan check is obsolete; that room additions
are examined on the same basis as a major renovation
project; that there are no local residents employed by
the Building Department, therefore, no vested interest
in the community; that it is difficult to see the Building
Director; that the Mayor is a man of integrity,
Council Minutes
10-18-89, Page 4 4
PUBLIC COMMENTS (Cont)
and is working hard, and his efforts are appreciated;
that the recall effort against the Mayor would fail ; that
in the past, a building inspector would make night calls
if he could not make the inspection during the day; and
that if there is any way to get around having to obtain
a permit from the Building Department, a contractor will
find it.
Mayor Bono stated that this is an emotional issue; that
one should be able to build with the least resistance;
and that Mr. Wiskowski should make an appointment to talk
to him about his issues.
1 ) Dee Dee Stone, 142 Eastlake, stated that Item 10 should
be reviewed carefully; that the thrust of the video should
be focused toward the tourists, not conventioneers; that
Item 3 does not include ample parking, or landscaping;
that the Airport does not need further expansion, that
the last expansion only increased parking, and covered
the baggage area; and that the City should not spend what
it does not have.
LEGISLATIVE ACTION:
2. STREET NAME CHANGE - SAN RAPHAEL DRIVE TO TRAM WAY
On October 4, 1989, Council consideration of Planning Commission
recommendation to approve street name change for the entire (135)
length of San Raphael Drive, resulted in a 2-2-1-0 vote; matter
rescheduled for Council action.
Planning Director reviewed staff report given at the last
study session.
Councilmember Broich stated that it is an inconvenience to
change the addresses on personal items, however, there are
three (sounding) San Raphael ' s in the City, and this is an
opportunity to correct part of that situation; and that Tram
Way would be easily identified to the tourists.
It was moved by Neel , seconded by Foster, and carried by the
following vote, that the Planning Commission action be overruled
and that the name of San Raphael remain:
AYES: Apfelbaum, Foster, Neel and Mayor Bono
NO: Broich
Absent: None
3. PD 193 - M. HARRIS, ET AL - FINAL PLANS
Recommendation: That the Council approve final development (116)
plans for a large-scale, retail-commercial complex on the
NE corner of E1 Cielo Road and Ramon Road, consisting of 4. 2
acres, including two separate parcels held under separate
ownership, Section 18.
4 2,3 Council Minutes
10-18-89, Page 5
3. PD 193 M. HARRIS (Cont)
Planning Director reviewed the staff report given in detail
at the last study session, and added that the item was
previously approved with the condition that the southerly
E1 Cielo driveway be restudied when the plan came for final
review; that the driveway was changed to improve traffic
characteristics, according to the Planning Commission and
the Traffic Engineer; and that E1 Cielo and Ramon Road are
being considered for median islands.
Councilmember Foster stated that the item was before the Council
a few years ago, at which time, the access was to be limited
to one driveway, not two; that currently there is a traffic
problem with the bus stop; that two driveways are not proper,
nor a safeguard to the public; that the Council has tried
to work with the developer; that more than one driveway would
create a situation similar to the Wyndham Hotel high demand
use, and difficult access to the property; that a median strip
will block access; that traffic should be able to flow easily
in and out of the property; that all of these items were
reviewed, and agreed upon by the previous Council ; and that
this project was originally shown as one parcel , and is now
being depicted as twc.
Councilmember Broich stated that if the median strips are
installed, the project will require two breaks for ingress
and egress, which will create a confusing entrance.
Jim Cioffi , developer, stated that he has worked on the project
for over, a year; that a focal point is designed for the
entrance; that the Traffic Engineer, City Engineer and City
staff concur with the plans; that the project can not proceed
without a main entry; that the parcel of land has not
diminished; and that the project plans comply with what the
Council originally requested.
Councilmember Apfelbaum stated that much time has been spent
by staff critiquing the project; and that the final plans
meet the required specifications.
Motion presented by Foster, seconded by Broich to approve
the final plans with the condition that one driveway be deleted,
and there be only one egress/ingress for the entire parcel ,
located on El Cielo, failed by the following vote.
AYES: Broich and Foster
NOES: Apfelbaum, Neel and Mayor Bono
ABSENT: None
Assistant City Clerk read title of Ordinance 1341 re PD193,
as follows:
Resolution 16924, as recommended, was presented; after which
it was moved by Apfelbaum, seconded by Neel , and carried by
the following vote that R16924, be adopted; and that further
reading be waived and Ord 1341 be adopted.
AYES: Apfelbaum, Neel and Mayor Bono
NOES: Broich and Foster
ABSENT: None
Council Minutes
10-18-89, Page 6
4. AIRPORT TERMINAL DESIGN
Recommendation: That the Council approve Airport Terminal
Design Alternate 2A as the alternative to be used for further
exploration and design; authorize staff to negotiate (51)
full-service architectural agreement with Gensler & Associates;
and authorize staff to negotiate consulting agreement with
Thompson Consultants International for financial feasibility,
airline and concession agreement negotiations, market survey
work, and other relates services.
Director of Aviation reviewed the staff report given at the
last study session, and added that it was the unanimous decision
of the Airport Commission that additional architects would
not be needed.
Councilmember Foster stated that Gensler is a reputable
architect; that he supports the plan as presented, but believes
a local representative is needed; that when the Convention
Center was built, a Los Angeles architect was hired, and the
project was not controlled by the City; that a firm was fired
from Phoenix to monitor construction, but there were still
a losses; that this project will have the same problems; that
a local architect would only enhance the project; that the
renderings show a large skylight in the lobby area, and a
local architect would be aware of the local climate and help
the architect realize that this may not be the area for a
skylight; that a local architect would be accessible in the
future; that the City should require a local architect on
any job of this size; that there is no additional cost for
a local architect, in that the local firm would relieve the
architect of some duties; that to require a local architect
on the job would not be an insult or hindrance to Gensler,
and that the Airport Director has too many duties now, and
should not be required to monitor this job also.
Councilmember Apfelbaum stated that the Convention Center
project was a challenge, but that confidence should be giver
to the Airport Director in his recommendation.
The following Minute Orders were presented:
M04456 approving Terminal design alternate 2A; M04457
authorizing staff to negotiate a full service architectural
contract with Gensler Associates, A2781 and M04458 authorizing
staff to negotiate a consulting agreement with Thompson
Consultants International A2782; after which, it was moved
by Apfelbaum, seconded by Broich, and carried by the following
vote that M04456, 4457, 4458, be adopted.
AYES: Apfelbaum, Broich, Neel and Mayor Bono
NO: Foster
ABSENT: None
.4� Council Minutes
10-18-89 Page 7
5. VINTAGE RACE - CELEBRITY EVENT
Recommendation: That the Council consider a three-party
agreement with Avanti Automotive Corp. , Cook International (50)
Productions and the City to provide celebrities for the Vintage
Grand Prix; and to appropriate funds therefore.
Assistant Director of Community Services & Promotions reviewed,
the staff report given in detail at the last study session,
and no further report was given.
Resolution 16925 authorizing agreement #2783; and Resolution
16926 amending the budget were presented; after which, it
was moved by Broich, seconded by Foster, and unanimously
carried, that R16925 and 16926 be adopted.
6. PROMOTIONS - VIDEO PRODUCTION
Recommendation: That the Council authorize an agreement with
Raven Productions to produce a 24-minute video, and a 30-second (50)
commercial , on Palm Springs, for general promotional use,
for $15,000.
Assistant Director of Community Services 9, Promotions reviewed
the staff report given in detail at the last study session,
and no further report was given.
Resolution 16927 approving A2784 was presented; after which,
it was moved by Broich, seconded by Neel , and unanimously
carried, that R16927 be adopted.
7. CALIFORNIA ANGELS - AGREEMENT AMENDMENT
Recommendation: That the Council approve a letter agreement
with Golden West Baseball Co. to provide an automatic annual (100)
renewal of the existing agreement, commencing December 31
of each year, subject to written notice of cancellation by
March 1 of each current term (10 months), A1468.
Assistant Director of Community Services 8, Promctions reviewed
the staff report given in detail at the last study session,
and no further report was given.
Minute Order 4459 extending the contract was presented; after
which, it was moved by Apfelbaum, seconded by Foster, and
unanimously carried, that M04459 be adopted.
ADDITIONAL LEGISLATIVE ITEMS (Satisfied agenda posting requirement. )
8A. VINTAGE RACE - REGULATORY ORDINANCE SUSPENSION AND STREET CLOSURES
Recommendation: That the Council approve adoption of a
resolution temporarily suspending certain regulatory Ordinances; (50)
and a resolution temporarily closing certain streets, relative
to the 1989 Vintage Race.
Director of Aviation reviewed the staff report given in detail
at the last study session, and no further report was given.
Resolution 16928 and 16929 as recommended was presented; after
which, it was moved by Broich, seconded by Foster, and
unanimously carried, that R16928 and 16929 be adopted.
Council Minutes r 426
6
10-18-89, Page 8
CONSENT AGENDA:
9. MO 4460 approving a restated lease with Bird Products Corporation, (51)
to permit it to retain use of its present facility at the Airport
for approximately five years, A452 (restated).
10. MO 4461 awarding bid for purchase of a multi-channel recording (84)
system to Dictaphone Corp. , for $38,287. 11, for the Police
Department.
11. MO 4462 awarding bid for purchase of 14 Uniden radios to Riverside (84)
Communications, for $8,334.87.
12. MO 4463 approving purchase of parts from Johnson Machinery, (52)
for $26,OCO, to accomplish a minor overhaul of an engine at
the Sunrise Cogeneration plant; work to be done by Facilities
Maintenance; and waiving formal bid process.
13. MO 4464 awarding purchase of a microwave communication system (84)
from DSC Marketing Services, Inc. , for $45,631; and waiving
late filing of affidavit of non-collusion.
14. Res 16930 authorizing destruction of Police Department records (151)
regarding unfounded or unsustained citizen complaints, which
are at least five years old.
15. Res 16931 and 16932 approving Payroll Warrants & Claims & Demands. (86)
It was moved by Apfelbaum, Seconded by Foster, and unanimously
carried that Resolutions 16930 through 16932 and Minute Order
4460 through 4464 be adopted.
ADDED STARTERS: (Eligibility for Consideration determined upon
unanimous approval , at the study session)
16. ROBERT F. JANI PRODUCTIONS REVISED CONTRACT, DOWNTOWN MASTER
PLAN STUDY
Recommendation: That the Council approve a revised scope (101)
of services with Robert F. Jani Productions for the development
of a preliminary Master Plan Study for the greater downtown
area, and amend the budget to provide funding for said services.
Planning Director reviewed the staff report given in detail
at the study session, and no further report was given.
Minute Order 4465 approving amended contract, A2704 and
Resolution 16933 amending the budget, were presented; after
which, it was moved by Broich, seconded by Foster, and
unanimously carried, that M04465 and R16933 be adopted.
17. COMMISSION APPOINTMENTS
Mayor announced his appointment of the following persons;
after which, it was moved by Foster, seconded by Broich, and
unanimously carried, that said appointments be approved.
Economic Development Commission Earl Hocver, succeed (60)
Can' trell , 6-30-92
Parks and Recreation Commission Don Watt, unexpired term
Skelskey, 6-30-90
It was moved by Apfelbaum, seconded by Broich, and unanimously
determined that the following items be determined eligible for
consideration.
427 Council Minutes
10-18-89, Page 9
18. REJECT ALL BIDS FOR FURNISHING AND INSTALLING VHF REPEATERS
AND AUTHORIZE REBIDDING
Recommendation: That the Council reject all bids for
specification 89-2477, furnishing and installing VHF repeaters,
and authorize rebidding per Section 3. 12. 190 of the Municipal (84)
code, Rejection of Formal Bids.
Purchasing Manager reviewed the staff report and no further
report was given.
Minute Order 44615 as recommended was presented; after which,
it was moved by Apfelbaum, seconded by Broich, and unanimously
carried, that M04466 be adopted.
19. PLAZA THEATER
Recomendation: That the Council authorize staff to coordinate
fund-raising efforts for the renovation of the theater, and (61-
authorize a $320,000 loan from the General Fund to provide (124-
funding for certain costs to the CRA Plaza Theatre Fund.
Resolution 16934 and 16935, as recommended, were presented;
after which, it was moved by Neel , seconded by Apfelbaum,
and unanimously carried, that R16934 and 16935 be adopted.
REPORTS OR REQUESTS:
CITY COUNCIL reports or requests - None
STAFF reports or requests - None
PUBLIC reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to Closed Session pursuant to Government Code Section
54956(a) to confer with its attorney regarding pending
litigation which has been initiated formally and to which
the City is a parlay.
JUDITH SUMICH
�Ci� Clerk �
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By: PATRICIA SANDERS
Assistant City Clerk