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Home My WebLink About1990 - MINUTES - 2/21/1990 r � CITY OF PALM SPRINGS CITY COUNCIL MINUTES FEBRUARY 21, 1990 A Regular Meeting of the City Council was called to order by Mayor Bono in the Council Chamber, 3200 Tahquitz--McCallum Way, on Wednesday, February 21, 1990, 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 invocation of Father William Erstad, Our Lady of Solitude Catholic Church. REPORT OF POSTING OF AGENDA: Report of City Clerk: The agenda was posted in accordance with Council policy on February 16, 1990. APPROVAL OF MINUTES: It was moved by Apfelbaum, seconded by Foster, and unanimously carried, that the minutes of February 7, 1990, be adopted. PUBLIC HEARINGS: 1. TM 25551 - TENTATIVE MAP (GREEN) Recommendation: That the Council approve a tentative tract map for 31 residential units on the South side of Tamarisk Road, west of Monterey Road, Section 12. (137) `_ Director of Community Development requested the item be continued to March 7, 1990. Mayor declared the hearing opened. Shelly Saunders, no address given, stated due to the number of homes being constructed that traffic will increase and suggested a traffic signal be installed at Tamarisk and Farrell . It was moved by Broich, seconded by Apfelbaum, and unanimously carried, that the hearing be continued to March 7, 1990. 2. CONVENTION CENTER COMMISSION - CONFLICT ON .INTEREST CODE Recommendation: That the Council approve a conflict of interest code, including reporting categories, for the (060 Convention Center Commission. 025) City Manager reviewed the staff report, and no further report was given. Mayor declared the hearing opened. There being no appearances, Mayor declared the hearing closed. Minute Order 4520 approving the code was presented; after which, it was moved by Apfelbaum, seconded by Broich, and unanimously carried, that M04520 be adopted. Council Minutes (1 7 2-21-90, Page 2 PUBLIC COMMENTS: a) Gladys McMillen, no address given, stated that she owns a pawn shop and the business license fees are too high; that the DBID does not help her business; that merchants on Indian Avenue do not benefit from advertising of Palm Canyon; that the community should be assessed to promote the downtown area; and requested her business license fee be reduced, b) Bill Byrne, 301 Overlook Road, stated that the City is in a budget deficit that Item 9 on the agenda is for an expenditure that should not be incurred; that the area is not a part of the City; that the Council has no influence on that area; that LAFCO has not scheduled the area for hearing; and that the Council should delay action at 'this time. Councilmember Foster stated that the developer and not the City is paying for the noise analysis. City Manager stated that State Law mandates that an Environmental Impact Report must be done before application can be made to LAFCO, and that the area is in the City°s Sphere of Influence. c) Chuck Murawski , 1620 Indian Trail , stated that signage on I-10 needs to be reviewed with Cal Trans ; that the signs needed to indicate Palm Springs in addition to the other cities; 'that the Plaza Theater should be continued to be used for the Film Festival , as well as use of the theater for conventions; that revenue could be generated by renting the facility to hotels to use for conferences, and that the revenue generated should be used to retire the debt for renovating the Plaza Theater. Councilmember Apfelbaum stated that CVAG is reviewing the signage of I-10. d) George Goldberg, P.O. Bo;; 4056, stated that contracts should not be awarded without competitive bidding; that preference should be given 'to contractors from Palm Springs; that the Council should consider changing the Ordinance regarding recreational vehicles; and that he is experiencing difficulties with City Code Enforcement Officers. e) John Kappmeyer, DBID representative, requested that Item 7, regarding searchlight fees , be continued to the next Council meeting, Council Minutes 2-21-90, Page 3 LEGISLATIVE ACTION: 3. HSPB-25 - INGLESIDE INN On January 17, 1990 the Council conducted hearing on recommendation 'to designate the Ingleside Inn as a, Class I historic site, and continued action., pending 'further review. Planner reviewed the staff report given in detail at the last study session, and added that the Historic Site Preservation Board recommended that the Ingleside Inn (076- not be listed in any publicly distributed materials ; that 001.) Mr. Haber had stated that he was not, opposed to the designation, but the listing in brochures ; that the Inn is one of the few remaining sites which projects the village ambiance; and it should be designated as a Class 1. Motion by Councilmember Broich to deny Classification failed due to a lack of second. Resolution 17023 as recommended was presented; after which, it was moved by Foster, seconded by Apfe'lbaum, and carried by the following vote that 17023 be adopted. AYES: Apfelba.um, Foster and Neel NOES: Broich and Bono ABSENT: None 4. PS INTERNATIONAL FILM FESTIVAL - FINANCIAL ASSISTANCE Recommendation: That the Council approve a request by the Palm Springs International Film Festival for $75,000 to help underwrite expenses for the 1991 event. Director of Community Services & Promotion reviewed the staff report given in detail at the last study session, (050- and no further report was given. DID) Councilmember Broich stated that the Film Festival was of great benefit to the City. Mayor (Bono stated that the $75,000 set aside from the Tourism Department funds used for this type of event. Motion to provide seed money for $75,000 was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that the motion ble approved. 5. PRODUCT LICENSING AGREEMENT - DESERTAN CORPORATION Recommendation: That the Council approve a licensing agreement with Desertan Corporation for tanning products , (050- for a period ending December 31, 1991 - Aclr #2810. 001 ) Director of Community Services & Promotion reviewed the staff report given in detail at the last study session , and no further report was given. Minute Order 4521, approving agreement. as recommended, was presented; after which, it was moved by Foster, seconded by Broich, and unanimously carried, that M04521 be adopted. Council Minutes fl p q 2-21-90, Page 4 6. AIRPORT HOTEL Recommendation: That the Council approve an option agreement, and a lease agreement witN' Questmark Group for the development of an Airport hotel - Agr it---- and Director of Aviation reviewed the staff report given in detail at the last study session, and added that the Airport Commission had reviewed the agreements in detail , and recommended approval ; that the lease op'cion will allow the developer one year for development and approval of the hotel site; that if the Consumer Price Index goes (051- down the rents will not be lowered; that parking scheme 018) will allow up to two decks of parking over the parking lot south of the Hotel , and unlimited underground parking on the same site, but that during -construction the Airport will provide parking areas for hotel use; and that the commission recommended the Council approve the revised agreement dated 2/20/90, with a change in Section 11.22 regarding parking requirements. Councilmember Foster expressed concern regarding the language of the contract and recommended that outside counsel review the agreements. Director of Aviation stated that the City Attorney had reviewed the agreements as well as the Risk Manager, and legal counsel Best, Best, and Krieger; that negotiations had been in good faith regarding the deal points, and spanned 12 weeks; and requested that the deal points not be renegotiated. Councilmember Foster stated that his concern was not in reference to the deal points, but rather the legal technicalities; that the agreement was for 55 years; that it impacts the Airport; and that advice of legal counsel with such type expertise is needed. City Attorney stated that he had reviewed the agreements, and had no concerns with the legal technicalities. Paul Selzer, Best, Best and Krieger, attorney for the developer stated that there was no objection to reviewing the documents, if the issue was not the deal {:points. It was moved by Foster, seconded by Broich, and unanimously carried, that this item be continued to March 7, 1,990, in order to allow review by outside counsel . 7. FEE SCHEDULE - SEARCHLIGHT PERMIT Consideration of amendment to the Comprehensive Fee Schedule to reduce the searchlight application fee 'From $250 to (114- $125. 006) Planning Director requested the item be continued to the March 7, 1990 meeting, Motion to continue the item was presented. after which, it was moved by Broich, seconded by Foster, and unanimously carried, that the item be continued to March 7 , 1990. r Council Agenda 2-21-90 Page 5 8. BUDGET AMENDMENT - DOWNTOWN RFP PHASE I COSTS Recommendation: That the Council amend the budget to appropriate $11,000 for consulting and printing costs for Phase I of the Request for Proposals for downtown redevelopment. (061- Director of Community Development reviewed the staff report 008) and no further report was given. Resolution 17024 amending the budget, was presented; after which, it was moved by Broich, seconded by Foster, and unanimously carried, that R17024 be adopted. 9. PD 207 - RACEWAY - NOISE ANALYSIS REPORT Recommendation: That the Council approve agreement with Brown & Buntin Associates, Inc. to prepare a noise analysis for the Palm Springs International Raceway, for $6,800 - Agr 92811. Director of Community Development reviewed the staff report, ( 116- and added that the report will be in conjunction with 074 ) the annexation of the area; that the noise analysis will be paid for by the developer; and that an Environmental Impact Report is mandatory before annexation can be considered. Minute Order 4522 approving the agreement was presented; after which, it was moved by Apfelbaum, seconded by Neel , and unanimously carried, that MO4522 be adopted. 10. ORDINANCE FOR SECOND READING & ADOPTION (Introduced 2-7-90) City Clerk read title of Ordinance 1344 re reducing board membership, and broadening categories for appointment; after which, itwas moved by Apfelbaum, seconded by Foster, (060- and unanimously carried, that further reading be waived 024) and 01344 be adopted. ADDITIONAL LEGISLATIVE ITEMS (Satisfied Agenda Posting Requirement) 11A. WELWOOD MURRAY LIBRARY LITIGATION LEGAL FEES Recommendation: That the Council amend the budget to appropriate $551,225 from reserve funds for payment of (061- attorneys fees awarded by the court to the prevailing 008) attorney, in litigation pertaining to Welwood Murray Library. Resolution 17025, as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Neel , and unanimously carriied, that R17025 be adopted. CONSENT AGENDA: 12. MO 4523 approving purchase of 4 PCs from National Business Machines for $13,638.76; Riskmaster multiuser software upgrade ( 117- from Tillinghast for $19,125; and Riskmaster software support 006) from Tillinghast for $2,289. A# 2817 and -__ Council Minutes �,� ' 2-21-90, Page 6 CONSENT AGENDA (Cont) 13. Res 17026 amending budget to appropriate funds for annual (061- sick leave and vacation payouts. 008) 14. MO 4524 approving purchase of three PCs from Nat.ional� Business Machines for $7,192.30; and 5 printers and accessories from (117- PC Craft for $7,217.37 for City Manager' s Office automation. 006) 15. MO 4525 appointing Dr. Mark Horan to serve a two-year term as the Palm Springs representative to the Inland Library System (060- Advisory Board -- succeeds Dale Hardenberg 022) 16. MO 4526 approving purchase and installation of six-port CPSI "automated attendant" call processing equipment for the Library (117- Center from EXBAR Corporation for $9,108.03. 008) 17. Res 17027 approving final development plans for a 66 unit multifamily apartment complex on Indian Avenue, between San (116- Rafael Drive and Simms Road, PD 199 - Shashani , Section 2. 066) 18. Res 17028 and 17029 approving Payroll Warrants & Claims & (086) Demands. It was moved by Apfelbaum, seconded by Neel , and unanimously carried that Resolutions 17026 through 17029 and Minute Orders 4523 through 4526 be adopted. ADDED STARTERS: None COMMISSION APPOINTMENTS: Visitors and Promotion Board: Mayor announced his appointment of Catherine Ba_tkijan to fill Hotel ( 150+ rooms) , and Randy Hutchinson , (Service Industry) for terms (060- 1993 and 1992, respectively; Historic Site Preservation 024) Board, Angela Hochanadel for term 1991, to succeed Emmett (060- Connors; after which, it was moved by Apfelbaum, seconded 011) by Foster, and unanimously carried, that said appointments be approved. REPORTS & REQUESTS FRANCHISE PAYMENT - Warner CATV - 12-31-89 $83,922. 35 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. JUDITH SUMICH --City Clerk By: PATRICIA SANDERS Assistant City Clerk