HomeMy WebLinkAbout11/15/1989 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
NOVEMBER 15, 1989
A Regular Meeting of the City Council was called to order by Mayor
Bono in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednes-
day, November 15, 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 Father M. Andrew Green - St. Paul 's Episcopal Church
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with Council
policy on November 10, 1989; four additional items added upon
unanimous approval at the Study Session.
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned
to Tuesday, November 21, 1989, at 2 p.m. , in the Large Conference
Room, City Hall . There was no further business
APPROVAL OF MINUTES:
It was moved by Apfelbaum, seconded by Neel , and unanimously
carried, that the Minutes of October 18, 1989 be approved.
PUBLIC HEARINGS:
1. AA 3.0223 (CHEROSKE) - HAROLD MATZNER APPEAL
On November 1, 1989, the Council approved an additional
two-week continuance of appeal by Harold Matzner from
Planning Commission approval of an addition, patio remodel-
ing and repainting at 575 Patencio Road.
Assistant Planning Director reviewed the Memorandum of
Director of Community Development, and stated that the
plans were reviewed in detail at the last study session;
and that the Council may uphold the appeal , and overrule (111)
the Planning Commission, or refer a specific recommendation
to the Commission for input, and recommendation. In answer
to question by Council , he stated that the Cheroske Estate
cannot be forced to simply repaint the house; that repaint-
ing is a condition of approval of the application; that
he has not had an engineer review the site, however, he
has looked at it, and although the drop-off will be steep,
he believes it is within 1-2 feet of the approved elevation,
and must comply with the approved plans.
Mayor declared the hearing open.
James Schlecht, attorney for the appellant, stated that
there are a number issues which he feels are important,
and the matter should be returned to the Planning Commis-
sion, and staff, to work through those issues; and that
he did not believe that would create any substantial disad-
vantage to the applicant; that the attorney for the estate
has said the plans will be offered along with Lhe sale
of the property.
43 7 Council Minutes
11-15-89 Page 2
1. AA 3.0223 (Continued)
John Walling, architect, 45260 Club Drive, Indian Wells,
reported that the addition represents 4'% of the floor
plan, and 6% more in terms of elevation, which will improve
the mass of the building; that the color will be changed;
that he believes they have complied with the Commission
requirements; that any problems between neighbors can
be worked out through the estate and the new buyers.; and
that he understood the estate did not plan to construct
the improvement.
Mr. Schlecht stated that Mr. Matzner received notice of
the Commission meeting on the day of the meeting; that
there was no secret as to the concern of the color of
the house, and if the applicant had wanted to address
it, he would have done so rather than using it as a
bargaining tool to get the architectural approval ; that
the massing of the building is beyond what he considered
it should be, and the site already falls away rapidly,
and he believed there are other defects on the site that
have not been addressed, including lighting, dangerous
conditions created by the garage installation, and retaining
walls not constructed.
Mr. Matzner, appellant, stated that civil litigation is
pending, in which he is confident he will succeed to compel
the estate, or any new owner, to change the color of the
house to match, or blend with his; that the issue of color
was addressed in the condition of access rights; that
he is convinced that the color painted, is not the same
as the color originally approved; that he did not understand
why the Community Development Department did not force
compliance of the color; that the retaining wall is massive,
extensive, and did not exist prior to the recent addition;
and that there was no approval for the lighting of the
glass blocks, but they are lit and dominate the hillside;
Mr. Walling stated that the lighting scheme was approved,
and if the block glass was not, the City has the ability
to rectify that; that the garage is designed as a retaining
wall , and there should be no structural problems, and
geo-technical studies were conducted prior to the vertical
cut for its installation; that samples of the color were
actually painted on the house, and photographed; that
the Commission approved the color based on the photograph;
and that the area where the color was applied was scratched
and it was found that there was no other color underneath.
There were no further appearances, and the hearing was
closed.
Assistant Planning Director reported that the Planning
Director approved the lighting of the block glass, as
a field change, and if it is a major issue, it can be
reviewed with the estate, and see if it can be reversed;
that it is not a major component of the lighting system,
rather an architectural feature; that the retaining wall
can be reviewed with the Director of Building & Safety,
and any structural corrections made as necessary, as well
as verifying the slope cut with the geologist.
Council Minutes
11-15-89 Page 3
1. AA 3.0223 (Continued)
Councilman Foster stated that it is appropriate for the
Planning Commission to referee these concerns, since it
is the most familiar with the complexity of the issues
involved; that he has questions concerning the elevation
on the north side, and would like the Commission to review
that again, and recommended that the matter be returned
to the Commission, to consult with the appellant and the
parties involved.
Councilmember Apfelbaum stated that she supported that
recommendation, along with the request that the lighting
and color of the house also be a part of the review.
It was moved by Foster, seconded by Apfelbaum, and unani-
mously carried, that this matter be returned to the Commis-
sion, for review, to include the items as discussed during
the meeting, and in particular to include elevations,
color, and lighting.
2. PD 203 - CONGRECARE
Recommendation: That the Council approve preliminary
planned development district for a 55-unit, elderly care
facility located on North Sunrise Way, between Amado Road/
Desert Palms Drive, R-2 Zone, Section 13.
Planning Director reviewed, in detail , the Memorandum ( 116)
of Director of Community Development, and added that the
conditions of approval require detail approval of trash
handling, enclosure, etc. in the final development plans.
Mayor declared the hearing open.
Steven Moran, Sunnymead Blvd. , stated that the project
is intended for the frail , but healthy elderly, who
primarily do not drive cars.
There were no further appearances, and the hearing was
closed.
Resolution 16949 approving PD as recommended, was presented;
after which, it was moved by Foster, seconded by Broich,
and unanimously carried, that R16949 be adopted.
3. BOO BEARS RESTAURANT TUMF APPEAL
Consideration of appeal on behalf of Mr. & Mrs. Polos,
from the TUMF assessment of $27,318.30, in conjunction
with the development of a restaurant on South Palm Canyon
Drive; and to make a recommendation on findings to the
CVAG Executive Committee. ( )
Director of Community Development reported that he met
with Mrs. Polos and her representatives, and she has
requested that this matter be put over to November 21,
in order to give her time to make a presentation in line
with their discussion, and to have the Council take action
prior to the CVAG meeting.
It was moved by Broich, seconded by Apfelbaum, and unani-
mously carried, that the hearing be continued to November
21, at 2 p.m.
Council Minutes
11-15-89 Page 4
PUBLIC COMMENTS:
a) Bob Gillis, 655 E. Vista Chino, stated that drivers
for Desert Cab voted to unionize, and have suffered
retribution from the company (citing dismissal and
suspension) , and asked the the Council consider termin-
ating the franchise for agreement violations, which
he would supply upon request.
Director of Aviation stated that the subject relates
to personnel issues with Desert Cal: ; that he has
received complaints from two groups of drivers, and
has investigated those complaints, and found that
the company complied with the letter of the law, and
with the franchise, and he would be willing to
investigate any other charges, and asked that they
be put in writing.
b) George Goldberg gave his opinion of the City's code
enforcement process, and lack of response to 400 photos
and complaints he filed; that he considered it a waste
of staff time to spend it in court on his RV litigation;
and that he intended to take the matter to the State
Supreme Court.
c) Pam Rivera, 1830 Racquet Club Road, complimented the
City staff, in general , on being receptive to citizen
needs, and being helpful to her in a specific instance;
expressed excitement about the film festival , and
hoped volunteers would be asked for.
d) Frank Banks, 18295 Kings Road, North Palm Springs,
stated that he was wrongfully discharged from the
City's Aviation Department, and asked that the Council
establish a program to allow employees to work out
their problems.
City Manager stated that there is a grievance process
for city employees, which ultimately can reach i his
desk, and the Personnel Board in some instances; and
that Mr. Banks was taken off duty by his doctor.
LEGISLATIVE ACTION:
4. PPLM SPRINGS INTERNATIONAL FILM FESTIVAL
Recommendation: That the Council sanction the Palm Springs
International Film Festival , and approve an agreement
with the organizers to produce the special event - A2789.
Director of Comaunity Services and Promotions reported (050-
that the officers of the corporation are Emily Lasin, 010)
John Wessman, Calvin Fox, Marshall Stone, and Kathy Bryant,
and that the Mayor is not a member, as reported at the
study session; and that the agreement had been modified,
and approved by the Board, to stipulate that. if the festival
discontinued, or the corporation dissolved, the City would
be in first position to recoup any of the $70,000 owed
to it; and the Board would determine how any further remain-
ing funds would be dispersed, but would not preclude the
City from receiving any such funds.
City Attorney stated that in view of that fact, the Mayor
did not have a conflict., nor dppearance of conflict, ds
advised to him at the study session, and need not abstain.
He also stated that at the request of Counr.ilmember Broich,
he has confirmed with the FPPC that Mr. Broich would not
have a conflict if he were to make a donation to the
nonprofit corporation, in return for a program ad, and
also would not have to abstain.
440
Council Minutes
11-15-89 Page 5
4. FILM FESTIVAL (Continued)
Councilmember Foster stated that he still has concerns
about remaining funds, and that the City is putting up
the money and taking the risk, and if there are profits
at the end of three years, or whenever, the corporation
dissolves, those funds should be to the benefit of the
City's General Fund, and not have the Board have the oppor-
tunity to direct them elsewhere.
Director of Community Services & Promotions stated that
starting next year, the $70,000, plus interest, will be
repaid over a four year period.
City Manager stated that the City should recover its
advance, and Mr. Foster's suggestion was to ask for assets
that: were not generated by the City. City Attorney stated
that that position was presented to the Board, and the
language as revised is the degree to which the Board agreed;
and that the proceeds cannot be for the benefit of an
individual , rather for other organizations for which tax
exempt donations may be made, including the City, and
the decision is normally within the purview of the Board,
but it may contract away that authority.
Councilmember Broich stated that the City has put up the
$70,000, and the money and risk for improving the Plaza
Theater, and it should receive any proceeds whenever the
festival ceases; and moved to approve the agreement, subject
to condition that the City receive proceeds upon dissolution
of the festival/corporation; said motion was seconded
by Foster.
In answer to question by Council , City Attorney stated
that there is a similarity to the Fiftieth Anniversary,
however, in that instance, the 50th did not wish to repay
the full amount advanced by the City, before distributing
funds to others, nor what it limited as to its ability
to determine how proceeds would be dispersed.
Mayor stated that the intent of the Board is to pay back
the City for its contribution; that others have made
contributions totalling $400,000 in cash and $20,000
in-kind, some of whom are members of the Board, and who
would want to have a voice in how those funds are dispersed;
that they believe in the community and want to see the
event succeed, as does the City.
City Manager stated that the Council has fronted the money
in some cases, with the expectation of recovery, but recog-
nizing the potential risk of not doing so; that there
has not been any enforcement of receiving profits from
the private promoter, as is being suggested in this instance
for the nonprofit corporation; and if the event is so
successful as to generate surplus funds after three years,
there would greater likelihood of it continuing, rather
dissolving; that the emphasis of events was to generate
money for the City through room tax, sales tax, and
increased business in town, through efforts to find someone
other than the City to take the risk - sponsors, promoters,
etc. - and with seed money from the City in some cases.
City Attorney noted that the agreement provides that after
the first year, the City may impose a sanction Fee, which
has the effect of benefiting from the "profits".
441
Council Minutes
11-15-89 Page 6
4. FILM FESTIVAL (Continued)
In answer to Council , Director of Community Services &
Promotions stated that the nonprofit corporation., and
not the City, is responsible for the event; and that there
are short-term and long-term benefits to the City, including
the return of its advance, as well as millions of dollars
worth of advertising, and activities to generate Palm
Springs as an alive and fun place to visit.
Councilmember Apfelbaum stated that the situation is similar
to the 50th Anniversary committee, and she believed that
no Board would want to spend the time and energy and not
have a voice in how the money is to be spent.
Councilmember Foster stated that he thought the driving
force of the Board was to help Palm Springs; that the
City is putting up the greatest risk; and he wished it
clearly understood that if the City is going to continue
to put on these types of events, and not: get the profit,
he will not support them.
Mayor stated that he has worked for the past two years
to get contributors for this event; that: the purpose of
the event was to bring activities to the community which
it can be proud of, and which will benefit everyone; that
he resented making demands off the top at this point,
when so much effort has been put into trying to make it
work; that no one is benefiting personally; that the events
advertise and promote the City on a national and Inter-
national level , and it would be a mistake to look at: them
at this point in the terms of profiting.
Councilmember Foster stated that he appreciated the Mayor's
work, and he did not think the Board, nor the contributors,
cared whether the remaining funds were given to the City,
since they made those contributions out of concerin for
the community, and the goodness of their hearts.
Councilmember Broich withdrew his original motion., and
offered a substitute motion to approve the agreement,
with the request that the Board consider turning profits
over to the City first, with limitation that they be used
for the benefit of the citizens of the City - a City
program; said motion failed for lack of a second.
MO 4479 approving the agreement as recommended, was
presented; after which, it was moved by Apfelbaum, seconded
by Neel , and carried by the following vote, that MO 4479
be adopted:
AYES: Apfelbaum, Broich, Neel & Bono
NO: Foster
ABSENT: None
Councilmember Broich stated that he favors the film
festival , but was opposed to the issue concerning disposal
of funds.
5. AIRPORT PARKING
Recommendation: That the Council authorize a period of
up to 60 days in which to negotiate with APCOA, Inc. ,
for a new agreement for the management of the Airport (051--
pay-parking lot. This item continued from the November 032)
1, 1989 meeting. Director of Aviation highlighted his
report, which was reviewed in detail at, the last study
session, and noting that if negotiations are unsuccessful ,
bids will be solicited.
Council Minutes 4 4
11-15-89 Page 7
S. AIRPORT PARKING (Continued)
MO 4480 was presented, as recommended; after which, it
was moved by Broich, seconded by Neel , and unanimously
carried, that MO 4480 be adopted.
6. ADDITIONAL LEGISLATIVE ITEMS - None
CONSENT AGENDA:
7. MO 4481 awarding contract for addition to the Animal Shelter
to R.D. Elliot Construction, for $74,599, CP87-46, A2790. (117-
8. MO 4482 awarding contract for Swim Center pool resurfacing (115-
to Nadar, Inc. , for $107,620, CP89-28, A2791. 004)
9. MO 4483 awarding bid for purchase and installation of VHF (117-
Repeaters to Riverside Communication, for $17,521.62
10. MO 4484 awarding bid to furnish and install new fence at the
Palm Springs Municipal Golf Course to Riverside Fence Co. , (092-
for $14,107.50.
11. MO 4485 approving a cable TV franchise agreement with Palmer (089-
Cablevision Inc. , effective December 1, 1989, and approving 005)
a side letter waiving the requirement for a local office.
A2792.
12. MO 4486 approving an increase of $12,000, to A2641, with Peat (051)
Marwick Main & Company for additional off-site traffic studies.
(at Airport)
13. Not used
14. MO 4487 approving Change Order 2 with Matich Corporation for (056-
an increase of $19,481.95, for the Vintage Grand Prix road 009)
improvements under Assessment District 155 contract.
15. MO 4488 approving Change Order 1 with Dennis Thorson ( 115-
Enterprises, Inc. , for an increase of $23,819, for she Angel 002)
Stadium electrical rebuild, CP89-03.
16. Res 16950 and 16951 approving Payroll Warrants and Claims (086-
& Demands. 007)
17. MO 4489 awarding contract to Allred & Kyser Construction Co. , (116)
to reconstruct the Boys and Girls Club Parking Lot for $14,330,
CP89-02, A2793.
It was moved by Apfelbaum, seconded by Neel , and unanimously
carried, that Resolutions 16950 through 16951 and Minute
Orders 4481 through 4489 be adopted; Foster abstaining
on MO 4489 due to client relationship.
18. CITY MANAGER EMPLOYMENT CONTRACT AMENDMENT
Resolution 16952, approving amendment to City Manager
employment contract - A2400, to provide an extended term,
and salary adjustment, was presented; after which, it
was moved by Neel , seconded by Apfelbaum, and carried, (71-
by the following vote, that R16952 be adopted: 001)
AYES: Apfelbaum, Foster, Neel & Bono
NO: Broich
ABSENT: None
Council Minutes
11-15-89 Page 8
ADDED STARTERS: (The following items were determined eligible
for consideration upon unanimous consent at the st.udy session)
19. R16953 approving agreement with the CHP for police officer (113-
motorcyc'le training, for $1,553.75, A2794; 001)
20. MO 4490 approving purchase of 12 semi-trailers for Convention
Center equipment storage, for $36,000; waive formal bid process; (139-
and approve the concept of purchasing a tractor for an amount 002)
not to exceed $30,000.
21. MO 4491 accept proposal of NUS Corporation to provide consulting
services for access control system, and Airport Master Security (051)
Program amendment, for $48,870 - A2795; and Res 16954 amending
the budget to appropriate $50,000, therefore..
It was moved by Neel , seconded by Apfelbaum, and unanimously
carried, that R16953 and 16954 and MO 4490 and 4491 be
adopted.
22. RENT REVIEW COMMISSIONER PRO TEM
MO 4492 approving the appointment of Kevin Cahill as a
Commissioner pro tem, through the conclusion of the Safari
Park hearing, was presented; after which, it was moved
by Apfelbaum, seconded by Neel , and carried by the following
vote, that MO 4492 be adopted: (060-
016)
AYES: Apfelbaum, Foster, Neel , and Bono
NO: Broich
ABSENT: None
REPORTS & REQUESTS:
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 to Tuesday, November 21, 1989 at 2 p.m. , in
the Large Conference Room, City Hall .
JUDITH SUMICH
City Clerk