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HomeMy WebLinkAbout1990 - MINUTES - 4/18/1990 CITY OF PALM SPRINGS CITY COUNCIL MINUTES APRIL 18, 1990 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, April 18, 1990, at 7 :30 p.m. ROLL CALL: Present: Councilmembers Broich, Hodges, Murawski , Neel and Mayor Bono Absent: None The meeting was opened with the salute to the Flag and an invocation by Dr. John Blayney, Palm Springs Church of Religious Science REPORT OF POSTING OF AGENDA: Report of City Clerk: Agenda posted in accordance with Council policy on April 13, 1990 ELECTION OF MAYOR PRO TEM: Mayor called for nominations for mayor pro tem; after which, Councilmember Murawski nominated Mr. Broich; there were no further nominations; and upon motion by Murawski , seconded by Hodges, Mr. Broich was elected mayor pro tem. 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 . INDUSTRIAL DEVELOPMENT AUTHORITY: Mayor declared the meeting adjourned for the purpose of convening as the Industrial Development Authority; after which, members reconvened as the City Council . PUBLIC HEARINGS: 1. ANNEXATIONS 24 & 25 - RESOLUTIONS OF APPLICATION Recommendation: That the Council adopt resolutions making applications to LAFCO for approximately one square mile, located north of Vista Chino, east - of the city limits, an inhabited annexation, known as Annexation 24; and a five-square mile area located south of I-10, east of Indian Avenue, north of city limits, an uninhabited annexation , known as Annexation 25. Director of Community Development reviewed his report, (054) and stated that the inhabited area means that there are more than 12 registered voters in the area; that the proposal is a part of an overall focus to look at annexing the area from the Highway 111 cut-off to the city limits of Cathedral City, for the purpose of ultimate land use control by the City; that the proposed raceway is within Annexation 25, but is the subject of a totally separate application process, is not related to the annexation, and will come to the Council at a later date; that the raceway could not be built under City auspices without the annexation; that whether the raceway is built, the area should be under the City' s control ; and that once the zoning plan and EIR are complete, those documents are submitted to LAFCO, and it would take about 6 months to complete the annexation process. - - - 0 62 Council Minutes 4--18-90 Page 2 1. ANNEXATIONS (Continued) Mayor stated that the purpose of the annexation is not the raceway, rather that the control of land use, which currently is under the County and not compatible with the City's. Councilmember Broich stated that he has wanted to annex the area since he was first elected, and the City needs to be in a position to control land development in that area; that the Council has voted to support or oppose other projects under consideration by the County, on the basis of protecting this entryway to the community. In answer to question by Council , Director of Community Development reported that an application has been filed for the raceway, and the environmental review process is proceeding; that it is not unusual to do preliminary work in processing an application on the basis that properties on the Fringe of the City may be annexed, and cited the Andreas Cove project as an example; that review and approval or denial means nothing until the City has jurisdiction over the land. In answer to questions by Council , City Attorney stated that there would be no potential liability for the City if the property is annexed, and the zoning changed to preclude a raceway; that the City will have to pre-zone the land before it is annexed; that even if the pre-zoning fit a particular use, and later was changed, there is no liability until an application is approved, and permits are issued and dollars are spent by the owner in reliance on that approval and permit; that the property has no vested right in the zoning, and legally nonconforming uses in place may be continued after annexation up to a period of time. Mayor declared the hearing opened Ken Glasman, 37117' Marver Drive, Rancho Mirage, questioned whether 51% of the property owners signed the petition for annexation; whether the City has an agreement with the State, County or other local agencies regarding sharing of property tax revenue; what services the City expects to provide that the County does not provide; why the area was not expanded to the west to the San Jacinto Mountain; and whether a field trip to Long Beach was still planned. Ken Erwin, 1077 Granvia Valmonte, stated that he was aware that the raceway is not the reason for the annexation, and agreed that the area should be under the City's control , however, he thought the issue was clouded because the developer of the raceway had made statements that if he was not successful with the County, he would annex to the City; that the project was rejected by the County, and the annexation appears to be the next step; that he considers a raceway to be contrary to the environment and to the tourist industry which focuses on rest and relaxation; and noted that he had many cancellations for his hotel during the Vintage Race. Sig Zietlin, 7502 Consuelo, stated that he was concerned the annexation is a ploy to build the raceway; that many citizens do not want the raceway, as well as residents of neighboring cities; that the City of Rancho Mirage adopted a resolution opposing the raceway, and urged other elected officials and citizens to do the same; and that he did not oppose the annexation , if it could be stipulated that the raceway will not be allowed. Council Minutes 4-18-90 Page 3 063 1. ANNEXATIONS (Continued) Pat Agar stated that the environmental assessment is the cornerstone whether there will be a raceway; that the EIR which was done for the County for the raceway raises a lot of points, and suggested that perhaps the Council should read it before taking action. City Manager noted that the City staff felt the EIR was not complete, and required the developer to put up the money I to do a more complete study. Director of Community Development stated that the EIR was not sufficient in some areas, and is in the process of being updated, and will be submitted for a 45-day review period following its release. Bill Byrne, 201 Overlook, stated that the area is shown on State maps as an extreme blowsand area, and questioned if the City would have liability for sand damage claims if it approved the raceway. Dick Sroda stated that newly elected Councilmembers stated they were opposed to the raceway during their campaigns, and stated that assurance is needed that the annexation is not a ploy for that purpose. Don Frank, 550 N. Cahuilla, stated objection to spending any more money or time on the raceway, and expressed his opinion that most people in Palm Springs are opposed to it. There were no further appearances, and the hearing was closed. In answer to question by Council , City Attorney stated that a statement may be included in the resolution that the annexation is not being done for the purpose of a raceway; that any use proposed must be disclosed, however, to state that the Council will not permit a raceway at that location, might open a challenge when an application for the raceway is before the Council that it has prejudged the case before it hears the evidence. Councilmember Murawski stated he would like to table this matter to allow time for additional study. Councilmember Broich stated that he voted to approve the concept of the raceway, which allowed processing an application with the County, but did not approve any specific plans. Councilmember Hodges stated stated that she has questions as to the legal ramifications of annexing the property, in terms of City liability over and above other land within its domain, down sides for annexation, how police and fire services will be provided; and that more information needed to be provided to the Council . It was moved by Murawski , seconded by Broich, and unanimously carried, that this matter be continued to May 2, pending further review. Council Minutes 4-18-90 Page 4 2. P.D. 202 (QUESTMARK) & GPA 5.0539 (LAND USE) Recommendation: That the Council amend the General Plan Land Use Element for a change from Professional and Residential Low 6 to Community Shopping Center; and approve a preliminary planned development district, in-lieu of a change of zone, for property on the South side of Vista Chino, between Sunrise Way and Cerritos Road. Director of Community Development stated that the applicant has requested this matter be continued to the next meeting. Mayor inquired if anyone wished to be heard at this time. (116- 069) Sheila Gratten, President of Sagewood Homeowners Association, stated) that the EIR does not contain mitigation addressing odor, and the new plan places the building mass against the north side of the condominium project, and creates a "noise bay" which will only serve to accentuate the activity of large trucks, trash compactors; and that she found it upsetting that homeowners are told their best interests are in hand by an out-of-town developer. She read a portion of a letter from Carver Companies, indicating that it does not oppose or support competitive projects, and was misquoted in terms of the subject project. Bill Drury, 839 San Lorenzo, expressed opposition. John Kappmeyer, 3506 El Gaucho, Vice-President of the DBID, stated that the City has an excellent master plan to distribute neighborhood shopping centers; that there is a shopping center across the street, as well as theaters placed in two other locations in the community, and questioned why they are being considered in light of downtown revitalization. Allen Perrier, 801 E. Tahquitz, representing Westar, stated that they will comment at the next meeting. Peter Koetting, Westar, stated that the General Plan was designed to include commercial nodes to serve neighborhoods and to decentralize traffic; that an additional shopping center at this intersection will bring greater volumes of traffic to the area; and that his company has plans to retrofit the market space at Racquet Club and North Palm Canyon, which will further serve the needs of the northern part of the community. Gene Peltry (?) a tenant at the Westar complex, stated that there is already vacant commercial space in this area, and additional competition will create more vacancies and hardships. It was moved by Broich, seconded by Neel , and unanimously carried, that the hearing be continued to May 2, 1990. Council Minutes 4-18-90 Page 5 3. P.D. 209 - STARKEY COMPANY Recommendation: That the Council approve a planned development district for a cluster-residential development of 26 one and two-story detached single-family units, on the NE corner of Sonora Road and E1 Cielo Road. 4- Planning Director reviewed memorandum of Director of Community Development, noting that the reason for the planned development district is because of the two-story element; that the height limit was recently increased From 15-feet to 18-feet, and the two-story will be 24-feet; that the project is a private, gated community, with a homeowners association; that a density transfer was allowed in 1979; that the City proceeded with the McCallum Reserve; and that the Planning Commission approved the project by a 4-3 vote. Mayor declared the hearing opened. James Cioffi , Architect, 700 E. Tahquitz , stated that the project originally consisted of 34 units, and has been reduced to 26 larger units, with excessive open space; that the site has permanent open space on two sides, and only three of the two-story units will be visible from E1 Cielo; and that the two-story units allow more space per unit, with larger yards. (116- Steve Freeman, resident on Loma Vista, stated that the 069) two-story units do not conform to the height of the homes in the area, nor to the remainder of Palm Springs. Jeremy Crocker expressed concern in approving residential projects only 12 feet above the 100-year flood plain. There were no further appearances, and the hearing was closed. Councilmember Broich stated that two-story is quite a step for Palm Springs, but it is only 6 feet higher than by right-of-zone (18-feet) . Councilmember Murawski stated that the project is a gated community, and buyers will know at the time of purchase what they are buying into. In answer to question by Council , Planning Director stated that the City Engineering Division works with the County Flood Control in following Federal flood maps and guidelines under which projects can be approved. Councilmember Neel stated that he was not opposed to the architecture, or the project, with the exception of the two-story, which he felt was incompatible with the area and the community. Resolution 17093 approving the P.D. as recommended, was presented; after which, it was moved by Broich, seconded by Murawski , and carried by the following vote, that R17093 be adopted: AYES: Broich, Hodges, Murawski & Bono NO: Neel ABSENT: None Council Minutes 4-18-90 Page 6 4. AA 3.0724 - BURGESS NORTH AMERICAN - APPEAL Consideration of appeal by Council from Planning Commission architectural approval of warehouse/office building at 600 South Gene Autry Trail . Planning Director reviewed memorandum cf Director of Community Development, and reported that Councilmember Foster had appealed the Commission ' s action , based on concerns of the aesthetics of the 200' x 100' rectangular building Mayor declared the hearing opened. Steven Simpson, on behalf of the applicant, stated that before the property was purchased, the project was generally reviewed to identify setbacks and massing;; that working (III- drawings were developed to meet the needs of the client 001) and the parameters given by City staff; that the first review by the Planning Comrrission resulted in considerable redirection , and discovery that Gene Autry Trail was designed as a scenic drive, and they attempted to reach resolution based on what they believed to be the direction of the AAC and Planning Commission; that the changes will add $40,000 to the project, which is already economically marginal ; that their neighbors include welding contractors, plumbing supplies, and unscreened industrial uses, metal buildings, and sewer sludge ponds to the south, and the area is prime for redevelopment; that if the City wants more of an office type development, a change of zone to C-2 should be discussed; and that: the AAC gave unanimous approval , and near unanimous approval was given by the Planning Commission. In answer to question by Council , Mr. Simpson stated that the building has been setback to within minimum maneuverability for large trucks, and he was referred to Mr. Buccino for landscaping that will result in palm trees and other landscaping approximate in scale to the rendering; and that they might be able to setback up to perhaps 10 feet more. Mr. Burgess urged approval of the project. There were no further appearances, and the hearing was closed. It was moved by Broich, seconded by Murawski , and unanimously carried, that the Planning Commission action be upheld, subject to condition that the developer work with the Planning Director to increase the setback as much as possible up to 10 feet. 5. P.D. 211 - P.S. BOARD OF REALTORS Recommendation: That the Council approve a planned development district for a professional office building on the SE corner of East Ramon Road and Paseo Dorotea , Section 19. Planning Director reviewed in detail the (116) memorandum of Director of Community Development Mayor declared the hearing opened. Chris Mills, Architect, spoke in favor of the project. There were no further appearances, and the hearing was closed. Resolution 17094, approving P.D. as recommended, was presented; after which, it was moved by Neel , seconded by Broich, and unanimously carried, that R17094 be adopted. Council Minutes 4-18-90 Page 7 - - - 067 6. TPH 25056 - MIKE HOFFMAN Recommendation: That the Council approve a tentative parcel map to divide property on the SW corner of Ramon Road and Gene Autry Trail , Section 19, into two parcels. Planning Director highlighted memorandum of Director of (119- Community Development, and noted that a revised resolution 001) was prepared to reflect two, and not three parcels. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. Resolution 17095 approving TPM, as recommended, was presented; after which, it was moved by Neel , seconded by Broich, and unanimously carried, that R17095 be adopted. 7. TPM 25864 - CATHTON HOLDINGS Recommendation: That the Council approve a tentative parcel map to divide 330 acres into two parcels for property (119- located north of San Rafael and east of Indian Avenue, 001) Section 35. Planning Director highlighted the memorandum of Director of Community Development, which was reviewed in detail at the last study session. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. Resolution 17096 approving TPM, as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R17096 be adopted. Director of Community Development noted that the resolution for the final map was also provided to the Council , and was noted on the supplemental agenda. Resolution 17097 approving FPM was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R17097 be adopted. PUBLIC COMMENTS: a) Sig Zeitlin, President of the Citizens of Palm Springs, commended the City Clerk and Assistant City Clerk for the help given to the Committee' s treasurer. b) Carolyn Toenjes stated that Malathion spraying is detrimental to the physical and mental well-being of people, and people do not always connect the spraying with illness that occurs later; and requested that the Council oppose spraying in Palm Springs, and that the Mayor place the matter on the CVAG agenda for its opposition valley-wide. c) Steve Lapham, pharmacist, and owner of Sun Products, stated that he approached the City in 1989 about a license agreement to produce suntan lotion to be (050- distributed throughout the country, and was referred 001) to Lucas Enterprises, who initially told him that a license agreement was being developed, along with logos, and that licensing would be open to others in Palm Springs; and that he has not received any response since that time, although he has made several calls to Mr. Lucas. Council Minutes O 4-18-90 Page 8 d) James Cotellier, 27524 Nurloti , stated that he and his family have been in Palm Springs for three months, and he has been arrested, without cause or provocation with each incident being dismissed by the court; and asked that this be looked into. Police Chief was in attendance, and will contact him. e) Sylvia Kaye, 1850 S. Camino Real , commented on Spring Break and the disturbances by young visitors, and asked that the Council immediately address this issue for next year. f) Ruth Licata, 530 N. Calle Marcus, stated that she is a member of the American Civil Liberties Union, and cautioned the approaches to be considered in addressing the difficult question of maintaining order during Spring Break. She also presented a copy of the League of Women Voters pamphlet concerning the Brown Act to the new Councilmembers. g) Dave Bell , 2320 N. Sunrise, suggested the City look into a section of the Vehicle Code which relates to imposing fines for abandoned vehicles. h) Jeremy Crocker, 330 W. Arenas, stated that in one year a wind turbine produced 25% of its maximum rating, compared to Southern California Edison report for its generating facilities which showed it produced 49% of its rated capacity; that a steam plant might only produce 23%, and a nuclear plant 68%; that in terms of the cost of wind power, SCE pays 8¢ per kilowatt hour for windpower, and from the figures furnished by SCE in its franchise report, he projected that the wind turbines in the San Gorgonio pass last year produced 544 million kilowatt hours, which is up from 374 mkh the previous year. i ) Herb Same] stated that he previously, addressed the Council concerning ambulance service, and asked its status. City Manager noted that this matter, is scheduled for a Council study session in the next few weeks. j) George Goldberg stated that if the City has an ordinance against living in RVs, it should be enforced; and commented on unlicensed and uninsured contractors doing work for the City. k) Stan Serasky, 305 Coyote, commented on "after election" views, and urged that the Council get on with the business of the City. 1 ) Dan Laskowitz, 2015 Bob O' Link Lane , commented on the noise from the Water Park, and stated that the Planning Commission, without: notice to residents, (109- approved a concert at the park, and asked that the 001) Council review the approval , and rescind it. He submitted a "petition ' opposing the concerts at the park. Council Minutes 4-18-90 Page 9 - - - 069 rug) Taxicab Service: Fred Ryan, 900 Saturnino, a driver for Desert Cab, stated that cab drivers are often the first and last contact visitors have with Palm Springs; that he has surveys from local hotels and others indicating that cab service takes from 30 minutes to 4 hours; that he believes there is enough competition to add 15-50 new cabs on the street; that he thinks another driver service can be started; and that he recommended a (143- program of drug testing for drivers. 001) Dennis Seiples (?) asked that the Council look at the letters submitted by Mr. Ryan; that if the company offers less than competitive wages, the better drivers leave the company, and the community is left with inexperienced drivers. Bob Gellis read a petition signed by a number of people, and displayed photographs which he stated showed that people were waiting at the Airport for cab service, and there were no cabs evident. Bernard McFadden, former head driver for Desert Cab, stated that he considered the situation very bad, and a blatant disregard for drivers and passengers. Mack Omen (?) 3025 Escoba, former supervisor with Desert Cab, asked that the Council adopt a resolution to allow drivers to apply to be alternate providers; that the situation at the Airport is disruptive, not only because of the strike, but because of poor service, inexperienced drivers, and safety hazards; and that in his opinion, the company has violated every condition of the franchise. LEGISLATIVE ACTION: 8. WELWOOD MURRAY LIBRARY - EXPANDED SERVICES Recommendation: That the Council approve use of Community Promotion Funds to expand library and library reference/visitor information services at the Welwood Murray Branch Library, commencing July 1, 1990. Director of Community Services & Promotions reported that (099- the Library has provided free visitor information services, 005) but there is not enough money to provide seven day service; that the proposal would permit two part-time employees to provide that service, plus additional training, and interior improvements; that the Library Board approved the project in October, and after further review, the VPB approved it in January, as the most cost effective way to handle the service, and keep the Library open. Councilmember Murawski suggested that this matter be delayed until after the Council hears a proposal for the possible restructuring of the VPB. It was moved by Murawski , seconded by Broich, and unanimously carried, that this matter be tabled. Council Minutes 4-18-90 Page 10 9. LICENSING AGREEMENT - DESERTAN Recommendation: That the Council approve product licensing agreement with Greg Ackerman, dba Desertam, for tanning products; and cancel agreement with DeserTan, Inc. , which was approved on February 21, 1990. Director of Community Services & Promotion!; reported that Mr. Ackerman has experienced a delay in processing the (050- incorporation papers for DeserTan , and has asked that 001), the Council approve the agreement in his name as a sole proprietor. She apologized to Mr. Lemming for Mr. Lucas not returning his calls, and noted that Mr. Lemming' s product was a bottle, and not a lotion. It was the consensus of the Council that staff should determine why Mr. Lemming was not responded to, and whether Mr. Lucas is performing as he should. Councilmember Hodges stated that she was concerned about the comments made by Mr. Lemming, and perhaps it should be looked into before a decision is made. Councilmember Broich stated that he agreed it should be looked into, however, it was not Mr. Ackerman ' s problem; and that the Council previously approved the contract with him, and this merely changes the name. Minute Orders 4552 and 4553, as recommended, were presented; after which, it was moved by Broich, seconded by Neel , and carried by the following vote, that MITI 4552 and 4553 be adopted: AYES: Broich, Neel & Bono NOES: Hodges & Murawski ABSENT: None 10. ADVERTISING SERVICES - INTERCOMMUNICATIONS, INC. Recommendation: That the Council approve Amendment No. 1 to agreement with Intercommunications, Inc. to increase the amount of advertising by $108,000, and approve new pricing schedule. (050- Director of Community Services & Promotions reviewed her 001) report, and stated that the VPB recommended the expenditure of the funds; that the billboards are in place, and this is a matter of the billing process; that the funds have not been spent, but the commitment has been made Councilmember Hodges stated that in the future, she preferred to present such matters for consideration„ and not after the facia. Resolution 17098 as recommended, was presented; after which, it was moved by Murawski , seconded by Broich, and unanimously carried, that R17098 be adopted. Council Minutes 4-18-90 Page 11 _ - _ Q n' 11. TRANSIENT OCCUPANCY TAX REFUND - AZURE SKY Recommendation: That the Council approve a refund of room tax of $42,155.38 to the Azure Sky Vacation Plan Owners Association. Director of Finance reviewed his report, which was reviewed (140- in detail at the last study session. 002) Minute Order 4554 as recommended, was presented; after which, it was moved by Neel , seconded by Broich, and unanimously carried, that MO 4554 be adopted. 12. GOLF COURSE EXPANSION - ARCHITECTURAL SERVICES Recommendation: That the Council approve proposal of Theodore G. Robinson, for architectural services in connection with an 18-hale expansion of the City's golf course, for $125,000; and amend the budget to appropriate $130,000 from the Golf Course Fund. (092- Assistant City Manager reviewed his report, which was 007) reviewed in detail at the last study session. Minute Order 4555, approving letter agreement, and Resolution 17099, amending budget as recommended, were presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that MO 4555 and R17099 be adopted. 13. CULTURAL CENTER OF PALM SPRINGS - MOU AMENDMENT Recommendation: That the Council consider request of the Cultural Center of Palm Springs to amend its Memorandum of Understanding with the City to eliminate the requirement to develop a 2,500 seat theater and related parking; and evaluate the feasibility of utilizing the site for the expansion of the Convention Center, related parking, and ( 124- hotel . The memorandum of Director of Economic Development 062) was reviewed in detail at the last study session; and the proposed resolution revised to reflect Council 's direction to include that the MOU specify the Center' s intent regarding the development of a theater. City Manager noted that the action will set the process for the development of the MOU, and there are a number of legal issues to be worked on. Resolution 17100 requesting actions by the Cultural Center, and providing directions to City staff, as revised, was presented; after which, it was moved by Broich, seconded by Murawski , and unanimously carried, that R17100 be adopted. uOuric I 1 111 nu Les Y 072 4-18-90 Page 12 ADDITIONAL LEGISLATIVE ITEMS: (Satisfied Agenda posting requirement) 14A. CONVENTION CENTER CARPET TILES Recommendation: That the Council award bid for installation of carpet tiles at the Convention Center to Floor Tech, Ltd. , for $10,990 (tiles authorized by M( 4259) . This (139- item was reviewed in study session, and no further report 001) was given. MO 4556, as recommended, was presented; after which, it was moved by Broich, seconded by Murawski , and unanimously carried, that MO 4556 be adopted. 14B. BUDGET AMENDMENT - CONTRACTUAL LEGAL SERVICES Recommendation: That the Council amend the budget to appropriate $115,000 for unanticipated contractual legal services charged to the City Attorney' s Office. City Attorney highlighted his report, noting that the budget (061- contains an appropriation for unanticipated legal services, 008) and that appropriation is insufficient to cover the remainder of the fiscal year. Resolution 17101 as recommended, was presented; after which, it was moved by Neel , seconded by Hodges, and unanimously carried, that R17101 be adopted. 14C. COUNCIL APPOINTMENTS (Determined eligible for consideration , upon unanimous consent at the study session) Mayor announced the following appointments; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that said appointments be approved: CVAG Executive Committee - Deyna Hodges, as member (123-00, PSDR CVB - Chuck Murawski , as alternate (050-00 Sunline Board - Tuck Broich, as member (143-00, CONSENT AGENDA: 15. Res 17102 declaring intent to vacate portion of Cathedral (109- Canyon Bikepath Easement, Section 28, consistent with agreement 004) previously approved with Falcon Lakes and Stewart Title; and set hearing for May 16, 1990. 1.6. Res 17105 amending the Comprehensive Fee Schedule to add fees (114- for FAX use, key replacement, and to revise Escort Fee, all 006), related to the Airport. Per Director of Aviation , resolution revised to delete filming location fee, pending further staff review. 17. MO 4557 cancelling agreement with Desert Stage Lines, Inc. , (051-- for Airport use, effective January 1, 1990 - A2773. 026) 18. MO 4558 approving advertising contract with "Palm Springs (050-- Life Magazine," for $8,263.75 for September issue. 001) I9. Res 17103 and 17104 approving Payroll Warrants & Claims & (086--00 Demands. 0000) It was moved by Broich, seconded by Murawski , and unanimously carried, that R17102 through 17105 and MO 4557 and 4558 be adopted. ADDED STARTERS: None Council Minutes ­ - Q 1 3 4-18-90 Page 13 REPORTS & REQUESTS: 20. FRANCHISE REPORTS - Received for Filing (089- a) SCE - 1989 - $542,675.61 001) b) So Cal Gas - $.130,136.73 002) CITY COUNCIL reports or requests a) Bari sto/Cerritos Stop: Councilmember Hodges requested that the staff look into the possibility of a four-way stop intersection at Cerritos and Baristo, noting that a number of accidents have occurred at the location. b) Taxicab Dispute: Councilmember Hodges requested that information be provided at the next study session (143- concerning the taxicab situation, noting that other 001.) ideas have been expressed, and perhaps should be explored. c) Council Chamber Clock: Councilmember Murawski requested that a "count-down" clock be installed in the Chamber (117- to permit the public to know how much time they have 001) to make comments. d) Council Liaison: Councilmember Broich requested that he and Councilmember Murawski be designated to serve (114-) as Council Liaison for the Airport Terminal Expansion design. e) Oasis Water Park - Concert: In answer to question by Council , Planning Director reported that the Planning Commission considered the event as a major fund-raising, one-time event, and one that would not set a precedent (109- for other activities at the facility; and that approval 001) was subject to conditions that parking not exceed capacity; that the owners work with police and fire departments for traffic control ; and that the event end by 10 p.m. It was moved by Neel , seconded by Hodges, and unanimously carried, that this matter be determined eligible for consideration, and added to the agenda. Mayor inquired if Mr. Laskowitz could accept this one occasion, with assurance that before any other such events occur, a conditional use permit will be processed, which includes a public hearing. Mr. Laskowitz stated that it seemed to him the occasions are always just one time, and asked the Council to read the comments in the materials he previously submitted; that he believes a precedent will be set; and that a Planning Commissioner told him there was no discussion regarding noise, except the wave machine. In answer to question by Council , Planning Director reported that the water park was approved under a Planned Development District, and later discussion by the Planning Commission resulted in determination that a conditional use permit would be required if the park were to be closed for concert events; that a conditional use permit has not been issued for the event in question, rather the Commission' s determination as above described. 07 Council Minutes 4-18-90 Page 14 e) Oasis Water Park (Continued) Roger Garrett, Oasis Water Park, stated that Lost Heads Ranch, a drug and alcohol recovery facility, came to him with a request to move their concert from the Indio Festival grounds, in order to have approximately 2600 people attend the concert, from which they hope to raise approximately $20,000 towards the construction of two buildings which will house 20 more beds, at what is presently a 40-bed facility in Desert Hot Springs; that next to the Betty Ford Center, they are the second largest alcohol and drug recovery residential program in the desert; that in his experience since August of 1987 , after the Spring Break concerts, only six different people call the Water Park to complain about noise; that Mr. Laskowitz has called a number of times mostly about; the PA system; that the Park users also do not like the PA system, and frequently turn them to face south; that concerts at Angel Stadium, are on a scale of twice that of the Water Park, in terms of the number of people attending, and the Stadium is located in the muddle of a residential area; that the Water (Park is located a minimum of 2500 feet from the nearest residence; that sound measurements from one event at the Park were taken, and it was found that a person needed to stop the automobile engine, get out of the vehicle, and walk up to the open space area in order, to hear that something was even happening; that he contends that the majority of residents live almost 3500 feet from the Water Park, and although something can be heard, it was hard for him to believe that it is aggravating. In answer to question by Council , Mr. Garrett stated that the event has been advertised; that. his discussion with Lost Heads Ranch was based on earlier discussions he had with the Director of Community Development as to what the Water Park needed to do in the future to have a conditional use permit considered - 'i .e. , the limited parking, traffic control „ and close by 10 p.m. - which Lost Heads agreed to do; that other promoters have asked to use the facility, and he has rejected them; and that the facility is equipped to handle the size of the anticipated crowds. Councilmember Broich stated that he shares the concerns of the homeowners; that the event benefits a worthy cause; that the process suggested was agreed to, and the Planning Commission approved it; .and he did not think it should be disapproved now. Councilmember Hodges stated that she did not approve of the manner in which it was handled; that there seemed to be a lack of communication among the three parties involved; that they should have checked to see if a permit was required, considering past discussion on the subject; that the residents who built around the stadium, were aware of the facility at the time they built, but the residents south and east of the Water Park probably did not have the impression that concerts would be conducted there when it was first conceived; that she did not wish to hurt the people who want to put on the event, however, perhaps there should be further discussion; that the Council is responsible for making certain that this does not happen again, and any future considerations will require notice and public hearing. L.ounci i minutes 4-18-90 Page 15 e) Oasis Water Park (Continued) Mayor stated that he, too, was sympathetic, and asked the homeowners indulgence on this one occasion, noting that it would complicate the situation greatly if the event were to be pulled after the advertising has been set. Councilmember Murawski stated that the homeowners deserve an apology, and that the commitment was made in a manner that was not the intent of the Council . It was moved by Murawski , seconded by Broich, not to take any action at this time. PUBLIC reports or requests - None STAFF reports requests a) Taxicab Service Director of Aviation stated that information about the quality of service had been solicited in the past from hotels; that a number of people in the photographs submitted are picketers, and others are there for other reasons than trying to hail a cab; that procedures for dealing with unlicensed taxicabs are clearly being followed; that he will continue to bring information to the Council concerning the franchise; that the (143- franchisee has been put on notice concerning several 001) points, and has 30 days in which to answer; that the most critical aspect of the dispute is the inconvenience to the Airport clientele - 5% of the transportation needs are met by taxicab service; that they have the right to picket and display information , however, for safety reasons they have been asked to limited the number to four, but as many as 10 picketers have been on the island, which is used for other pickups; that security officers in the Terminal have been used to keep picketers and drivers separated, which costs the Airport in terms of extra manhours; that he asks the drivers to limit the number of people on the island, to pass out leaflets in the Terminal and behave civilly; and that the dispute is not one with the City. Councilmember Murawski stated that the NTA Conference is very important to the community, including potential future business for the cab drivers, hotels and others, and asked that there be cooperation. Unnamed man stated that the service is seasonal , and they should not be asked to not use their freedom of speech to make their point; and that they will continue to stand on the island, unless the Council chooses to do something about it. Councilmember Broich stated that he and the Mayor spent hours exploring whether the City could do anything, and it is strictly a labor dispute which does not involve the City, and one which it cannot get involved in; that he asked that the drivers look at the affect the action will have on their own futures, and do so with decency. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. JUDITH SUMICH City Clerk