HomeMy WebLinkAbout1990 - MINUTES - 4/4/1990 - ,. 050
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
APRIL 4, 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, April 4, 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 an invocation
by Shauna Segundo, Bahai Faith.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with Council
policy on March 30, 1990; one item was added at the study
session concerning possible Desert Cab work stoppage.
PRESENTATION - EMPLOYEE RECCGNITION AWARD: Tom Cartwright Community
Development Department, and Tom Woodling General Operations (110)
Department.
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 .
HOUSING AUTHORITY: Mayor declared the meeting adjourned for the
purpose of convening as the Housing Authority; after which, members
reconvened as the City Council .
APPROVAL OF MINUTES:
It was moved by Apfelbaum, seconded by Foster, and
unanimously carried, that the Minutes of March 12, 13
& 21, 1990 be approved.
PUBLIC HEARINGS:
1. DOWNTOWN BUSINESS IMPROVEMENT DISTRICT - CONFLICT OF INTEREST
Recommendation: That the Council approve a conflict of
interest code, including reporting categories, for the
DBID. ( 123-
City Clerk highlighted her report, noting that the officers 004)
and employees designated by the Code will be subject to
the broadest disclosure reporting category.
Mayor declared the hearing opened; there were no
appearances, and the hearing was closed.
MO 4540 approving the code as recommended, was presented;
after which, it was moved by Broich, seconded by Foster,
and unanimously carried, that MO 4540 be adopted.
Council Minutes
4-4-90 Page 2
2. HSPB 26 - GENERPL TELEPHONE BUILDING
Recommerdation: That the Council designate the
former GTE building (originally constructed in 1934 by (076-
the California Water & Telephone Company) at 365 N. Palm 001)
Canyon Drive, as an Historic Site, Class I.
Planner Patenaude reviewed the memorandum of Director
of Comrrunity Development, noting that the Class I
designation regulations would only apply to the front
portion of the building, and alterations to the remainder
of the property would only be reviewed with respect to
compatibility of such restoration to the historic structure;
and that a GTE representative attended the HSPB hearing,
and was not opposed to the designation.
Mayor declared the hearing open; there were no appearances,
and the hearing was closed.
Resolution 17052 as recommended, was presented; after
which, it was mc%ed by Foster, seconded by Apfelbaum,
and unanimously carried, that R17052 be adopted.
3. HSPB 27 - EL PASEO BUILDING
Recommendation: That. the Council designate the "El Paseo
Building" at 800 North Palm Canyon Drive, constructed
in 1926-27 for Dr. J.J. Kocher, as a Class I historic
site.
(076-
Planner Patenaude reviewed the memorandum of Director 001
of Community Development, and noted that the current owner
is interested in restoring the building to its original
architectural style.
Mayor declared the hearing opened; there were no
appearances, and the hearing was closed.
Resolution 17053 as recomrended, was presented; after
which, it was moved by Neel , seconded by Apfelbaum, and
unanimously carried, that R17053 be adopted.
4. PUBLIC NLISANCE ABATEMENTS
On March 21, 1990 Council rEceived the Proceeding &
Accounting Reports for 23 city-wide public nuisances which (057-
were abated; and this is the time set by the City Clerk 001)
for hearings thereon.
Code Enforcement Supervisor reviewed the memorandum of
Director of Community Development, and noted that one
of the 23 items has been paid for by the property owner
involved, subsequent to the filing with the City Council .
Mayor declared the hearing opened; there were no
zppearances, and the hearing was closed.
Resolutions 17054 through 17075 as recommended, were
presented; after which, it was moved by Foster, seconded
by Apfelbaum, and unanimously carried, that R17054 through
17075 be adopted.
Council Minutes
4-4-90 Page 3
PUBLIC COMMENTS:
a) Gladys McMillen, 699 Indian Trail , stated that she
had previously asked the Council to consider reducing
the business license tax for pawn shops; and noted
that she has only two employees, for which other
businesses pay $70 per year, but her tax is $399.
City Manager stated that it is sometimes more efficient
to respond to an inquiry by telephone, rather than
a letter, and that he spoke with Mrs. McMillen to
let her know the tax amount was legal , that her letter
had been circulated to the Council , but there had
not been any request by Council to place the matter
on a study session agenda, and that it is Council
and staff policy to respond to all inquiries.
Mrs. McMillen stated that she did not question the
legality of i;he tax, only the amount which she
considered excessive, and again asked that the Council
discuss it.
Councilmember Broich requested that the matter be
placed on the a study session agenda.
b) Peter Rizzo (?) 1412 Rodeo Rd. stated that the i:rash
and debris condition on Chuckwalla remains as he
previously reported, and asked why nothing has been
done concerning his request to have a local ordinance
to require a building superintendent on rental property
of four or more units.
City Attorney stated that this matter has been worked
on, and he will provide a report to the f.:ouncil .
c) Pam Newcombe, and Mike Bell , spoke on behalf of Bateman,
Eichler, Hill , Richards & Boetcher Co. , who bid for
the underwriting services for financing the Airport
Terminal expansion, asking they be permitted to present
their credentials, and reiterate the company' s fees.
d) George Goldberg commented on the application of slurry
seal , and his opinion that it is not a good way to
preserve streets; asked about recylcing existing paving,
the number of such machines the City already has;
and legal fees paid to consulting attorneys, and in
lawsuit settlements.
e) Desert Cab Work Stoppage.
Bill Myers, Cabosine, and Jack Dave, Hunter' s Cab,
stated that they were not interested in providing (143-
temporary service to the Airport, unless the City 001)
was also willing to open the entire issue to allow
other cab companies to pickup at the Airport.
Guy Evans, a down-valley cab driver, stated he would
honor any picket line by Desert Cab.
Bob Gellis, representative of the Teamsters Onion
Local 63, stated that he is working to do everything
possible to avoid a strike, but asked that the Council
bring the two sides together, althourlh he knew the
Council could not get involved in the negotiations.
Council Minutes
4-4-90 Page 4
e) (Continued)
City Attorney commented on a court case involving
the City of Los Angeles, and the clear decision of
the Court was that there is to be no interference
from a governmental body in an employer-employee
dispute, and the parties are entitled to resolve their
differences without such interference.
Mayor reemphasized that he and Councilmember Broich
had listened to the drivers complaints, and reviewed
each one, and found no legal basis for the City to
become involved, nor could it become involved. He
offered the use of his office as a meeting room.
f) National Tour Association Banner:
Mike Fife, PSDR CVB stated that the single-most
important convention to increase tourism is the National
Tour Association; that it will convene in Palm Springs
in April , and asked that castle banners, and a banner
crossing Palm Canyon at Tahquitz, be permitted to 114-(
welcome them. 00 4-
Following public comments, this item was determine
eligible for consideration upon motion by Apfelbaum,
seconded by Broich, and unanimously carried.
Councilmember Apfelbaum stated that this group is
one of the most important sources representing business
to the community ten years out. Her motion to approve
only the castle banner failed for lack of a second.
It was moved by Broich, seconded by Foster, and
unanimously carried, that the request for both banners
be approved.
g) Dave Bell , Dave' s Towing, commented on having received
a letter advising him he would no longer be in the
towing rotation, and thanked him for past towing
service, without any mention of other worthy deeds
he performed for the department.
h) Marshall Gilbert, 3492 Loma Vista, offered words of
support to the Council .
i ) Steve Remball , owner Palm Springs Properties, commented
on the lack of toilet facilities in the weeks before
and during the Spring Break, and asked that it be
considered earlier next year.
Chief Burnett noted that the portable toilets had
been ordered to be in place one week earlier, but
the supplier could not meet the demand, however, they
will be in place by Thursday of the current week.
j ) Arishka Fairchild stated that she lives in Las Palmas
and it takes many hours to cross downtown to get to
her residence. She asked that the use of Frances
Stevens park be restricted from frisbee throwing and
water guns, i .e. , on election day.
LEGISLATIVE ACTION:
Council Minutes
- ` ' 054 4-4-90 Page 5
5. PALM SPRINGS INTERNATIONAL CHILDREN 'S FESTIVAL
Recommendation: That the Council approve three year
agreement for the production of the Palm Springs (050-
International Children 's Festival - A2820. This item 015)
was reviewed in study session, and no further report was
given.
Resolution 17076 approving agreement as recommended, was
presented; after which, it was moved by Broich, seconded
by Foster, and unanimously carried, that R17076 be adopted.
6. UNIVERSITY OF CALIFORNIA RESOLUTION
Recommendation: That the Council endorse the application
for a University of California campus in the Coachella
Valley before the year 2000. (065-
City Librarian commented briefly on the recommendation 001)
which was reviewed in detail at the last study session.
Resolution 17077 endorsing application as recommended,
was presented; after which, it was moved by Apfelbaum,
seconded by Broich, and unanimously carried, that R17077
be adopted.
7. ZTA 5.0400 - MISCELLANEOUS ZONING TEXT AMENDMENTS ( Intro 3-21.-90)
City Clerk read title of 01347 , concerning a variety of (103-
text amendments; after which, it was moved by Broich, 039)
seconded by Foster, and unanimously carried, that further
reading be waived, and 01347 be adopted.
S. SPRING BREAK POLICE FEE ORDINANCE
Consideration of ordinance to establish a police fee during
periods of large assemblage. This matter was reviewed (103-
in detail at the last study session. 001)
Police Chief reported that the proposed fees are civil
fees , and are in addition to any other fines imposed;
that such fees are due and payable to the City of Palm
Springs within 30 days of issuance, and are based on the
cost of handling the citation, arrest or booking.
City Clerk read title of Ordinance 1348, as follows:
AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ASSESSING AND PROVIDING FOR COLLECTION
OF A CIVIL CHARGE FOR THE COST OF POLICE AND OTHER
EMERGENCY SERVICES DURING PERIODS OF LARGE ASSEMBLAGES
OF PEOPLE IN THE CITY OF PALM SPRING'S AND DECLARING
THE URGENCY THEREOF.
Resolution 17078 amending the Comprehensive Fee Schedule, (114-
as recommended, was presented; after which, it was moved 006)
by Broich, seconded by Foster, and unanimously carried,
that R17078 be adopted.
9. COUNTY PROJECTS - PLOT PLANS
Recommendation: That the Council conditionally recommend
approving County Plot Plan 10465 for an industrial park, (123-
and restudy of Plot Plan 11780 for an office and day care 006)
facility, both located on 20th Avenue, east of Indian
Avenue, north of I-10. This item was reviewed in study
session, and no further report was given.
Council Minutes
4-4-90 Page 6
9. COUNTY PROJECTS (Continued)
Resolutions 17079 and 17080 as recommended were presented;
after which, it was moved by Foster, seconded by Broich,
and unanimously carried, that R17079 and 17080 be adopted.
ADDITIONAL LEGISLATIVE ITEMS: (Satisfied agenda posting requirement)
10A. FORMER DUMP SITE
Recommendation (revised after study session) : That the
Council award bid for environmental investigation and
reports for inactive landfill dump sit to Geo-Sec-Inc, (117-
for $33,862; and amend the budget to appropriate $34,000 033)
therefore.
Fire Department Administrative Assistant reported that
this matter was reviewed in detail at the last study
session, and is recommended as a result of requirement
of the Water Quality Regional Control Board; that subsequent
to the study session, the bids were reevaluated, and an
alternate recommendation made; that the question of an
appeal process was raised at the study session, and there
are two levels of appeal which can be exercised - one
in Palm Desert and one in Sacramento; and that the staff
recommends awarding the bid, subject to condition that
the appeal process be started, and work would only proceed
if the appeal were not favorable to the City.
City Attorney read proposed language of MO 4541,
conditionally awarding the bid; and Resolution 17081
amending the budget was also presented; after which,
it was moved by Broich, seconded by Foster, and unanimously
carried, that M04541 and R17081 be adopted.
10B. BUDGET AMENDMENT - EQUIPMENT
Recommendation: That the Council amend the budget to
appropriate $46,303, for the purchase of cab and chassis (061-
from E.W. Truck and Equipment Company, previously 008)
authorized.
Resolution 17082 amending the budget as recomrended, was
presented; after which, it was moved by Apfelbaum, seconded
by Neel , and unanimously carried, that R17082 be adopted.
10C. SECTION 12 - LAND SALE
Recommendation: That the Council approve request by Landau
Development Company to amend escrow instruction to allow
title of property authorized for sale to it to be vested
in the name of Irvin B. Green. This item was reviewed (117-
in study session, and no further report was given. 022)
Resolution 17090 as recommended was presented; after which,
it was moved by Foster, seconded by Broich, and unanimously
carried, that R17090 be adopted.
CONSENT AGENDA:
11. Res 17083 cancelling the agreement with Springs Games, Inc. ,
to organize and stage a national college championship during (050-
spring break - A2590. 006)
Council Minutes
4-4-90 Page 7
12. MO 4542 approving agreement with Karen Hall for professional (139-
box office management, telecommunications & special events 001)
services - A2821.
13. MO 4543 awarding bid for servicing city-owned fire and security (117-
systems to Magers Alarm Systems of Palm Springs for $15,500 005)
consisting of $11,250 for 12 months' service and $4,250 for
retrofitting existing systems to allow second station
monitoring.
1.4. MO 4544, 4545, 4546 approving purchase of sixty-eight chairs (117-
to ACCESS, for $27,772; four conference tables to Robert 005)
Tirsbier, Inc. , for $8,000; and visual display panels to
Greensteel Division of Adience, Inc. , for 5,000, respectively.
15. Res 17084 approving cooperative agreement with Coachella Valley (124
Community College district - A2822 064:1
1.6. Res 17085 and 17086 approving Payroll Warrants and Claims (086-
& Demands. 007:1
17. MO 4547 approving special counsel agreement with Stradling,
Yocca, Carlson & Rauth for Bond Counsel services in conjunction (051-
with the Airport Terminal expansion. A2823. 056)
118. Res 17087 cancelling agreement with Fred Marik to produce (050--
the Gordon Bennett Balloon Race - A2651. 009'
19. MO 4548 approving agreement with Sentient Systems for department (110--
head team building, for $11,500, A282 4r 008)
20. MO 4549 and 4550 authorizing agreement with Riverside County (113--
Sheriff' s Department for $139,839, A2825, and California Highway 001)
Patrol for $30,759, A28 26; for law enforcement support between
April 6 - 15, 1990, respectively.
22. Motion concurring in CRA actions this date - R685 - 689 (124)
It was moved by Apfelbaum, seconded by Neel , and unanimously
carried, that R17083 through 17087, MO 4542 through .4550,
and motion in Item 22 be adopted.
23. AIRPORT TERMINAL EXPANSION -- UNDERWRITING
Recommendation: That the Council approve Seidler-Fitzgerald
Public Finance as bond underwriter for the Airport Terminal (051-
expansion project. 056)
Director of Aviation explained the process used to arrive
at the firms selected to submit proposals, and the number
of efforts to make certain all firms were addressing the
topic from the same direction; that the difference in
the fee structure was discussed at the study session,
which essentially relates to the rated versus non-rated
issue of bonds, and to certain underwriter costs which
were included in one fee (Seidler) and not the the quote
of the other firm (Bateman) ; that Seidler also included
additional financial consultant services to look at fees,
rates, and other things to protect the City' s general
fund; that a fee breakdown shows both companies to have
comparable "bottom line" amounts, therefore, other factors
must also be considered, e.g. , availability of the
principal , proximity of offices to the City; familiarity
with the company; that the City has retained
Seidler-Fitzgerald and had no problems; that its offices
are in Los Angeles; that the principal has responded to
every phone call ; that the additional consultant is
well-known and respected throughout the 'State; and that
he and the Director of Finance recommend Seidler-Fitzgerald.
Council Minutes
4-4-90 Page 8
23. AIRPORT TERMINAL (Continued)
City Manager stated that when he received the final
recommendation, he was very pleased to learn that Municipal
Services (the additional consultant under the
Seidler-Fitzgerald proposal ) would be involved, since
it is one of two premier firms in the State who analyze
city properties leading to revenue generating ideas that
had not been thought of before; that the Airport has a
lot of leases, and other considerations which have impact
on the General Fund, and long-term impact costs for the
Airport.
In answer to question by Council , Director of Aviation
reported that both firms were flexible in dealing with
a rated or non-rated bond issue; that there is a cost
for the rating company to give a rate for a bond issue,
and the better the rating, the lower the interest rate;
that in the current market, there is very little difference
between the two types, except there is no rating fee for
a non-rated issuance, nor is there as large a debt reserve
required; and that the decision will be based on whether
a. rated, or non-rated issuance will best serve the long-term
needs of the Airport.
Mike Bell , Bateman-Eichler, stated that there is not a
financial adviser working at the Airport, only a feasibility
consultant whose expertise is in fees and charges, not
bonded indebtedness; that his firm offered $2.25 less
than Seidler-Fitzgerald For a rated issue, which could
mean $100,000 in additional costs to finance the project;
that Bateman has the largest distribution system, which
directly impacts the success of a non-rated issue; that
the rating company has office in San Francisco; that a
governing factor will be the leases with the airlines;
and that on any given day, the rated issue will be less
than the non-rated issue.
Pam Newcombe stated that Bateman has 500 sales people
in California, in 34 offices, and they have a local office;
that they have a distribution system to sell the bonds
over the time they will be outstanding; and can offer
the city the lowest available interest rate.
Councilmember Broich stated that he need additional time
to consider the information.
Mayor stated that in terms of "crunching numbers" the
City' s staff is sophisticated, and the finest; that there
are times when the Council must rely on professional staff
direction; and that the Director of Finance has been
involved in this matter from the beginning.
Councilmember Apfelbaum stated that because of the
complexity and sophistication of the subject; it demands
a closer look, and agreed with Councilmember Broich to
take a little more time before making a decision.
It was moved by Apfelbaum, seconded by Broich, and
unanimously carried, that this matter be continued to
April 17, for consideration prior to declaring the results
of the municipal election.
Council Minutes
4-4-90 Page 9
ADDED STARTERS: (Eligibility for consideration determined upon
unanimous consent at the study session)
24. DESERT CAB WORK STOPPAGE - EMERGENCY TAXI LICENSING
Recommendation: That the Council authorize the City Manager
to issue temporary emergency licenses to taxicab companies (143-
should a work stoppage by Desert Cab occur. 001)
Director of Aviation stated that there are others who
are willing to provide the temporary service, and the
staff's concern is to insure that the public has the service
it needs.
In answer to question by Council , Director of Aviation
reported that the contract with Desert Cab includes a
"force mazure" clause, which protects the licensee from
default in the event of a labor dispute.
Resolution 17089 as recommended, was presented; after
which, it was moved by Broich, seconded by Foster, and
unanimously carried, that R17089 be adopted.
REPORTS & REQUESTS:
DEPARTMENTAL REPORTS: Received & Ordered Filed
a) Treasurers Monthly - January, 1990 (121-00,
CITY COUNCIL reports or requests - None
PUBLIC reports or requests - None
STAFF reports or requests
CLOSED SESSION - LA QUINTA SETTLEMENT AGREEMENT: City
Attorney reported that settlement agreement with the City
of La Quinta, approved by the Council in closed session ,
has been executed., and the purpose of his report was to
enter it for the record.
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to Tuesday, April 17 , 1990, at 2 p.m. -- Election
Results, and Swear--in Ceremony.
ffL�DIITH SUMILN —
City Clerk