HomeMy WebLinkAbout1990 - MINUTES - 6/6/1990 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES 1 ' '
JUNE 6, 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, June 6, 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 Lavita Dillman, Chapel on the Way.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with Council
Policy on June 1, 1990.
APPROVAL OF MINUTES:
It was moved by Broich, seconded by Neel and and unanimously
carried, that the minutes of May 2 and 16, 1990, be
approved.
PUBLIC HEARINGS:
1. TAXICAB RATE INCREASE
On May 16, 1990 the Council continued consideration of (143-
a rate increase request by Desert Cab. Public hearing 001)
not required, but opportunity provided for public comment.
Director of Aviation stated that a request was made by
Desert Cab for a rate increase to make up for a projected
deficit for the 1991 fiscal year; that an audit is being
performed; that the increase is reasonable; and that the
company has a competant record.
Mayor declared public comments open.
Bill Meyers, A Valley Cabosine, stated that he was neither
for nor against the rate increase; that his company is
prevented from obtaining a license at the Airport; that
denial of such a permit is not consistant with the values
of liberty and justice for all ; and that his company should
be allowed to do business at the Airport.
Keith Shiebolt, CPA, representing Desert Cab, stated that
his firm acted as an independent CPA for computations
and that his firm did not perform the audit for the company;
that the requested rate increase was not a part of the
strike negotiations; that in the previous 12 months, Desert
Cab has generated $60,000 in Airport service charges,
in addition to the 4% licensing fee; that Desert Cab will
be investing in additional cabs; that the required 15-minute
response time is being met; that the cab company has had
tax assessment losses, regarding the Employment Development
Department; that shareholders have put up capital in good
faith that the Council will allow the rate increase; that
over 90 people are employed by the cab company; that the
rate increase will benefit the City through additional
revenues; that the drivers will benefit in increased pay;
An
Council Minutes
6-6-90, Page 2
1. TAXICAB RATE INCREASE (Cont)
that Desert Cab has obligations to the City concerning
exclusivity; that the agreement specifies the conditions
by which the exclusivity can be revoked; that revoking
the exclusivity should not be considered regardless of
the issue; that the service of Desert Cab is better than
ever; that the operation of the cabs in Palm Springs is
unique in that there are 15 - 20 miles deadend trips;
that for 6 months out of the year, the cabs are not used;
that the upfront costs have revenues that some cities
will not have; and that the rate increase is requested
to help the company break even.
Russ Pounds, Desert Cab driver, stated that he met several
times with Mayor Bono; that the Company maintains clean,
quality cabs; that the drivers are courteous, and helpful ;
that the company needs the increased rate; and that it
is difficult to support a family on the current. wages.
Bob Gellis, Palm Springs, stated that the request by Desert
Cab is unwarranted; that the current rates are fair and
reasonable; that the increase rates would effect the elderly
and low income persons' ability to use the cab service;
and that Council should deny the increase.
Jeff Anderson, A Valley Cabosine, stated that Desert Cab
pays $1 in surcharges to pick up at the Airport, but other
cabs are required to pay $3. ; and that cab users should
not be penalized for Desert Cab's mismanagement of money.
JoAnne Johnson, 68250 Club Circle, Desert Hot Springs,
stated that she wrote a letter to City Council ; that she
currently used Desert Cab services; that she was charged
an additional $5. pick up fee for being picked up in Desert
Hot Springs; and that if Desert Cab can not operate within
its current rates, the agreement should be cancelled.
City Attorney stated that the City of Palm Springs cannot
regulate the Desert Hot Springs rates, and that Ms. Johnson
would have to appeal to the Desert Hot Springs City Council .
Mayor declared the hearing closed.
Airport Director stated that other cabs cannot pick up
passengers at the Airport, unless prearranged; that the
City cannot regulate rates for the drivers; and that one
cab company has chosen to install a hot line at. the Airport.
Al Reichle stated that if the Council approved the rate
increase, drivers for Desert Cab will receive 35% of the
increase.
At the request of Councilmember Murawski , Assistant City
Clerk read Sections of Alternative resolution stipulating
the following:
a) That the rate increase of the per-mile rate from
$1.85 to $2.70 be denied.
Council Minutes
6-6-90, Page 3
1. TAXICAB RATE INCREASE (Cont)
b) That, effective September 15, 1990, the Airport
be removed from the area of exclusivity in the License
Agreement, and other properly licensed cab companies
will be allowed to fall in line for a pickup at
the Airport following the delivery of a passenger
to the Airport and/or at any time there are four
or less cabs at the Airport, said cab companies
to have rates and charges similar to Desert Cab.
c) That the modification of the License Agreement
effective September 15, 1990, be approved which
provides time prior to actual implementation for
the Licensee to present relevant facts as to why
the action taken in paragraph b, above, is not in
the best interests of meeting the convenience and
necessity of the citizens and visitors of Palm
Springs.
Resolution 17137 amending terms & conditions of Agreement
2475, as read, was presented; after which, it was moved
by Murawski , seconded by Broich, and carried by the
following vote, that R17137 be adopted.
AYES: Broich, Hodges, and Murawski
NOES: Neel and Mayor Bono
ABSENT: None
2. SIGN VARIANCE (CASE 8.230) - APPEAL BY EDWARD McGRATH, MARIE
CALLENDAR'S RESTAURANT
Consideration of appeal by applicant from Planning
Commission decision to allow a freestanding monument sign (131-
for a single business in a multi-business complex; and 001)
to allow a sign constructed within the City right-of-way.
Planning Director stated that the Planning Commission
continued the item; that a master plan of signage needs
to be considered by the Fashion Plaza; that an agreement
had been worked out with the DeBartolo Corporation; that
findings must be made to grant a variance, and a special
priviledge cannot be given; that the sidewalk meanders
and a free-standing monument sign would be in the right-
of-way; that allowing the sign will set a precedent for
signs in rights-of-way; that there are 20 - 30 stores
located in the Desert Fashion Plaza that could apply for
the same variance; that the Zoning Ordinance provides
that a sign variance may be granted based on the finding
that a unique or unusual architectural feature limits
the applicability of the ordinance; that the approved
design scheme for signage on that portion of the Fashion
Plaza requires that signs be located on the building;
that the applicant is not without places to locate a sign
on the building, and currently has a sign on the awning;
that the Fashion Plaza has agreed to allow the monument
sign, but has not concurred in developing a new sign
program; that the right-of-way could be vacated and placed
back on the tax rolls, with easements reserved for the
sidewalks; that if the item is sent back to the Planning
Commission, it would not come back to Council until
September; and that it may be possible to work out a signage
program between Desert Fashion Plaza, Mr. McGrath and
the City.
Council Minutes
6-6-90, Page 4
2. SIGN VARIANCE - MARIE CAkkENDAR'S (Cont)
Councilmember Murawski asked if the applicant would withdraw
the appeal , in order to work out a signage program with
Desert Fashion Plaza.
Edward McGrath, owner of Marie Callenders Restaurant,
stated that the proposed signage would stimulate business;
and would withdraw the appeal if the Council) so desired,
he did not want to become a pawn caught between the City
and DeBartolo; that the other tenants have addressed the
signage issue and their leases would have to be renegotiated
in order to change their signage; that if a signage program
could be approved between the Planning Commission and
Marie Callenders, he questioned whether DeBartolo would
be forced to comply; and that the signage would benefit
the downtown area.
Councilmember Broich stated that the applicant should
not view the situation as being a pawn; that there are
120 stores in the Desert Fashion Plaza; 'that allowing
the sign will set a precedent which will open the door
for additional requests for the same thing; that the Council
could request DeBartolo to create a signage program; that
if the variance is approved, Saks and I. Magnin might
be the next to apply; that the Sign Ordinance does need
review by the Council ; and that the item could be continued
to July.
Councilmember Hodges stated the item needs to be acted
on quickly, and Mr. McGrath should not be put in the
position of negotiating with DeBartolo on the City's behalf;
that the City should work on a master signage plan for
the Desert Fashion Plaza; that the Council is trying to
encourage downtown business, and that the sign should
be approved, and a master signage program worked out;
that the public hearing could be continued to allow
DeBartolo to develop an acceptable master signage program;
and that the Planning Director, the applicant and the
DeBartolo Corporation should get together, and come to
an agreement.
Councilmember Neel stated that the item should be sent
back to the Planning Commission for further study.
Mayor Bono stated that he concurred with Councilmember
Broich's statement concerning precedence; and that each
issue has to be weighed according its effect on the entire
downtown area.
City Attorney stated that if the appeal item is withdrawn,
or possibly continued too long, the appeal timeframe will
lapse.
Planning Director stated that a signage program could
be put together for the project; that a meeting could
be held with applicant and DeBartolo; and that the item
considered at the next meeting; and that the Sign Ordinance
could be reviewed in September.
Council Minutes
6-6-90, Page 5
2. SIGN VARIANCE - MARIE CALLENDAR'S (Cont)
Motion by Broich to continue the item to a meeting in
July failed for a lack of a second.
Councilmember Neel stated that the Planning Commission
decision needed to be upheld.
It was moved by Hodges, seconded by Bono, and unanimously
carried, that the public hearing be continued to allow
sufficient time for the Planning Director, the applicant,
and the DeBartolo Corporation to meet to work out a signage
plan.
3. SEWER SERVICE CHARGES - FISCAL 1990-91
Recommendation: That the Council approve placing sewer (140
service charges for the fiscal year ending June 30, 1991> 003)
For collection on the Riverside County property tax rolls,
in accordance with the terms and conditions of Ordinance
1111.
Director of Finance reviewed the staff report given in
detail at the last study session, and no further report
was given.
Mayor declared the hearing opened; there being no
appearances, hearing was closed.
Resolution 17138 as recommended, was presented, after
which; it was moved by Neel , seconded by Broich, and
unanimously carried, that R17138 be adopted.
4. COMPREHENSIVE FEE SCHEDULE AMENDMENT - SEWER FACILITY FEE
Recommendation: That the Council amend the Comprehensive (114-
Fee Schedule R16319 to increase the Sewer Facility Fee 006)
effective July 1, 1990.
Director of Finance reviewed the staff report given in
detail at the last study session, and no further report
was given.
Mayor declared the hearing open.
Chris Kramer, Palm Springs, asked which rate would apply
if a building permit was issued, and the fee was not paid
at that time.
Director of Community Development stated that rate would
be that in effect as of the date of issuance of building
permit, even if payment was deferred.
There being no further appearances, Mayor declared the
meeting closed.
Resolution 17139 amending fee schedule was presented,
after which, it was moved by Neel , seconded by Murawski ,
and unanimously carried, that R17139 be adopted.
Council Minutes
6-6-90, Page 6
5. CASE 5.0543, PD212, TTM 25243 - JOSEPH & ROBINSON
Recommendation: That the Council approve a preliminary (116)
planned development and tentative tract map for five single
family residences on 1.5 acres on the northeast corner
of E1 Alameda/Sunrise Way, R-1-C Zone, Section 12.
Director of Community Development reviewed the staff report
given in detail at the last study session.
Mayor declared the hearing open, there being no appearances,
delared the hearing closed.
Resolution 17140 as recommended was presented, after which;
it was moved by Broich, seconded by Neel , and unanimously
carried, that R17140 be adopted.
6. 1990-91 BUDGET
Conduct public hearing on adoption of 1990-91 budget.
Mayor declared the hearing open.
Dick Sroda, Palm Springs, stated that the City has a $1.7 (061)
million deficit and needs to cut expenses; that
irresponsible management has the caused the deficit; that
the City employs more people than other cities in the
valley; that when private businesses are in trouble, they
get rid of employees; that no citizen wants Police or
Fire service cuts; that the citizens cannot afford the
current administration; that other industries are laying
off people; that the budget is 14% higher than last year;
that revenues need to be increased; that unsecured loans
have been given by the City; that there is no secret in
balancing a budget; and that funds must stop being borrowed
from the Reserves to finance the everyday expenses of
the City.
Rolph Arnhym, Chamber of Commerce, stated that the Chamber
representatives are proud of their partnership with the
City and the public relations arm it plays; that the City
and Chamber should be pleased with the fact that Palm
Springs is competitive with other cities in the Valley;
that the business community and the Chamber cannot move
alone; that other cities finance their chambers; that
the chamber receives calls from all over the United States;
and if the City withholds its financing a message would
be sent out that the Council did not support the Chamber
and would indicate that the Council is not pro-business
in the City; that if funding is not given to the Chamber,
seven people will be layed off, the 800 telephone lines
will be disconnected, and city staff will have to take
on the additional responsibility; that the Chamber is
considered the non-medical "911" to find out about Palm
Springs; that $68,000 is a modest support, given what
the City receives from the Chamber; that it would cost
much more to replace the chamber services; that the bottom
line is that the City and the Chamber need one another;
and that the Chamber appreciated the effort given in study
session to review the Chambers financial needs .
Council Minutes
6-6-90, Page 7
6. 1990-91 BUDGET (Cont)
Dr. Robert Bertrand, Palm Springs, stated that the citizens
support the Chamber; that the business community is trying
to keep the City together; that business is not good,
and retailers are in trouble in Palm Springs; that this
is the desert and water is being wasted; that the City
should consider the old casino near Cabazon as a tourist
information center for Palm Springs, and that a building
located in advance of entering the City would help attract
people.
Howard Lapham, 577 Sunny Dunes, stated that the City Manager
had not given the usual summary of the budget; and that
not enough time had been allowed to review the budget.
City Manager stated that the budget message is contained
in the budget and additional copies are available at City
Hall .
There being no further appearances, Mayor declared the
hearing closed.
City Manager stated that there is a problem in the operating
fund; that the enterprise funds need to be studied, because
of the growth in those areas; that there has been a marginal
increase in the number of tax-supported employees; that
none of the departments operate on the same level as in
past years; that it is difficult to compare Palm Springs
to any other Valley city, since other cities do not have
the same amount of streets, Golf Course, Airport, Parks,
or Convention Center, and that when dealing with the budget,
these perspectives need to be kept in mind; and that most
cities do not have enterprise funds.
No action was taken, nor required at this time.
7. AD 159 - ROAD CLOSURES FOR CUL-DE-SACS
Recommendation that the Council hear public comments on
the partial road closures on four existing streets in
the process of installing cul-de-sacs for Assessment
District No. 159.
Director of Community Development reviewed the staff report
given in detail at the last study session, and added that
sufficiency of petition was met; that the standard for
cul-de-sacs is 43 Peet; that there will be a gate opening
at the end of the cul-de-sac; that if the cul-de-sacs
are widened, encroachments would be needed; that meetings
were held with the property owners, and the majority were
in agreement with the terms; and that Bond Counsel
recommends not closing the roads before the district is
established.
Mayor declared the hearing open.
Council Minutes
6-6-90, Page 8
7. AD 159 (Cont)
Those who spoke in favor of formation of the district
were:
Don Shrader, Opuntia Road
Daryl Bellows, 1439 Opuntia Road
Ron Covine, 1446 Fiesta Road
Kim Corey, 1482 Opuntia Road
Nedra Young, 1428 Rodeo Road
Michael Cash, 1440 Opuntia Road
Donald Connata, 1440 Opuntia Road
Karen Peterson, 1460 Opuntia Road
Reuel Young, 1428 Rodeo Road
Joe Luiese, 1400 Fiesta Road
Hugh Noch, Vaquero Road
Peter Rizzo, 1412 Rodeo Road
John Sanchez, 1440 Fiesta Road
Sally Sanchez, 1440 Fiesta Road
Rick Mustascio, 1453 Fiesta Road
There being no further appearances, Mayor declared the
hearing closed.
Contract Administrator stated that 85% of the property
owners supported the formation of the district;, that Avenida
Caballeros will need to be widened; that there is the
possibility of widening the sidewalk, and adding new ones;
and staff will be making recommendations regarding same.
Councilmember Broich stated that crime in the area is
on the rise and that: there is more than a cul -de-sac issue;
and that Police patrol should be increased in the area
starting immediately.
No action was taken, nor required at this time
76. PARKWAYS AND LIGHTING DISTRICT NO. 7
Recommendation: That the Council overrule the protest
on the spread of assessment and confirm the diagram and (138)
assessment spread for Parkways and Lighting Maintenance
District No. 7, "Sunrise Norte" Tract 17642-2.
Contract Administrator reviewed the staff report given
in detail at the last study session, and added that no
written protests were received.
Mayor Bono stated that there is a 70% majority wanting
the district; that it meets the State mandate; and that
the formation is Council ' s decision.
Mayor declared the bearing open.
Rebecca McAhern stated that there are 2 sets of CC&R' s
in existence; that the original had not been amended;
that the Council is setting precedent by accepting t;he
formation of the district; that other homeowner associations
will come to the Council wanting street and landscaping
maintenance; and that the Sunrise Norte Homeowner
Association does not receive the dues property owners
should be paying for which there is litigation pending;
and that the Council should carefully consider the impact
of the formation of this district.
- 11 11
Council Minutes
6-6-90, Page 9
7B. SUNRISE NORTE (Cont)
Eddie Lopez, 3233 Mountain Shadow, Sunrise Norte, stated
that there are 53 homes in the proposed district; that
some homeowners are behind in association dues; that only
2 property owners are against the formation of the district;
that help is needed for the area; that if the City does
not form the district, the area will become blighted;
that most of the property owners are low income; and that
if the City forms the district, the non-paying homeowners
will be forced to pay the fees.
Contract Administrator stated that this is a special case;
that it is City-owned land; that the streets will be
dedicated to the City; that the roads are in a state of
disrepair; that costs for the assessment district will
be slightly over the current homeowner association dues;
that the City will include the repair of the roads as
part of City street maintenance; that the assessments
will go on the tax rolls; that the district must be formed
before July 1, 1990 for the 1990-91 tax year; and that
this case is different From the condominium associations,
in that the City owns the land.
Director of General Operations stated that the Streets
Division has been working with the Community Development
Department regarding the street maintenance.
Councilmember Hodges questioned if the City would incur
liability in the pending lawsuit if the district was formed.
City Manager stated that the lawsuit is for past dues
owed, and that the proposed action is not to take over
the homeowner association, rather the streets.
Councilmember Murawski stated that if the district is
formed, the civil action would continue between the two
parties.
Rebecca McAhern stated that if the City formed the district,
the homeowner association would never get the past dues;
that the balance owed the association is $17,000; that
to form the district would be excusing the property owners
from paying the back dues; that the City should not protect
the delinquent property owners; that the entire issue
could be solved in one year, if Council delayed its
decision; and requested Council to not act to form the
district.
Rose ?, 1442 Twin Star, stated that 70% of the property
owners are in favor of the district; that there have been
problems with the homeowner association; that no one knows
where the dues go, but they do not go towards the repair
of the streets; that the association did not work; and
that the formation of the district is desired and needed.
There being no further appearances, Mayor declared the
hearing closed.
Councilmember Hodges stated that the issue first came
to Council 4 years ago, and that it is unfortunate that
the problem was not resolved then; that if the homeowner
association is not taking action, it should be dissolved;
and that if there is legal action pending, it it between
the association and the property owners.
Council Minutes
6-6-90, Page 10
7B. SUNRISE NORTE (Cont)
Contract Administrator stated that the staff is not
recommending the disbanding of the homeowner association,
rather dedication of the streets and formation of the
assessment district:..
Resolution 17141 overruling protests on the spread of
assessment and conforming the diagram and assessment spread
for P.M.D. No. 7 was presented; after which., it was moved
by Murawski , seconded by Broich, and unanimously carried,
that R17141 be adopted.
PUBLIC COMMENTS:
a) George Goldberg, Palm Springs, stated that a city
check for $2,500 was issued to a Councilmembers wife;
that there are illegal contracts being issued by the
City; that various- city employees expense accounts
should be audited; that other cities in the valley
had started recycling, and that Palm :Springs should
also; and that waste management was needed.
b) Shirley Barker, 15 Fondulac, stated that: she has been
attending Council meetings for the past two years;
that in her opinion city employees get paid high
salaries, have big expenses, are unaccountable, and
irresponsible; that an investigation needed to be
conducted into city affairs; that results are needed;
and that the new Council was elected to make changes.
c) Joan Taylor, Palm Springs, stated that Palm Hills
is the future of Palm Springs, that the local people
think the development will be low density, but it
will be an urbanized area unto itself; that the
residents of Palm Hills will not shop the downtown
area; that the area will be self-supporting; that
an objective fiscal study needed to be done; that
the general public should not have to pay for the
study; and that the community needs to work together.
d) Cindy ?, 2919 Tachevah, stated that with the budget
deficit it is clear that the Council needs to consider
revenue raising projects; that the International Raceway
proposed is one alternative; that the Council has
expressed opposition to the project; that many people
follow the raceway circuit; that it is good
entertainment; that; the new councilmembers should
not discount the voters who put them in office; that
there are many services that are enjoyed by the
citizens; that the services must be paid for; and
that the raceway would be tax generated income.
e) Bill Byrne, 301 Overlook Road, stated that in May,
Annexations 24 A 25 were considered; that staff was
instructed not to take action endorsing the raceway;
and that a firm was engaged to perform the EIR, but
he questioned how it was finished within 8 days
thereafter.
Council Minutes v �_ '_ j,
6-6-90, Page 11
LEGISLATIVE ACTION:
8. ADVERTISING - MAHONEY COMMUNICATION, INC.
On May 16, 1990 Council continued recommendation to approve (050-
a one-year agreement with Mahoney Communication, Inc. , 050-
primarily to publicize special events, effective July
01)
1, 1990, for $84,300, plus reimbursables up to $25,692
- Agr #2846.
Director of Community Services & Promotions reviewed the
staff report, and added that an addendum to the agreement
to include Council 's concerns expressed at the study session
was added.
Minute Order 4573 as recommended was presented; after
which, it was moved by Murawski , seconded by Broich, and
unanimously carried, that M04573 be adopted.
9. MUNICIPAL CODE AMENDMENT - BOARDS AND COMMISSIONS
The Council requested that an ordinance be prepared to (103-
amend the Municipal Code to adjust normal term on a city 003-
board or commission from three to four years; to limit
service to one full term; and to require a one-year lapse
before appointment to the same, or any other board or
commission.
This item was reviewed in study session, and no further
report was given.
Assistant City Clerk read title of Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
RELATING TO APPOINTMENTS, TERMS AND VACANCIES ON BOARDS
AND COMMISSIONS.
It was moved by Broich, seconded by Murawski , and
unanimously carried, that further reading be waived, and
the Ordinance be introduced for first reading.
10. MUNICIPAL CODE ADMENDMENT PAWN SHOP BUSINESS LICENSE TAX
ADJUSTMENT
Recommendation: That the Council amend the Municipal (064-
Code to reduce the business license tax charged to 064-
pawnbrokers from $399. to $266. per year.
03)
This item was reviewed in study session, and no further
report was given.
Assistant City Clerk read title of Ordinance as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING SECTION 3.84.290 OF THE
PALM SPRINGS MUNICIPAL CODE.
It was moved by Broich, seconded by Murawski , and
unanimously carried, that further reading be waived, and
the Ordinance be introduced for first reading.
11. MEMORANDUM OF UNDERSTANDING - INFRASTRUCTURE FINANCING/PALM
HILLS:
Recommendation: That the Council approve Memorandum of
Understanding with North American Investment and Development
Company, setting in motion the provision for infrastructure
financing for the Palm Hills Area.
Council Minutes
6-6-90, Page 12
11. MOU - PALM FALLS (Cont),
Director of Economic Development reviewed the staff report
given in detail at the last study session and added that
the developer will pay the costs., and intends to develop
a high-end residential and destination resort; that the
project will benefit the City by increased assessed value
of the property, transient occupancy taxes, permit fees
and lousiness license taxes; and that additional language
has been added to the memorandum to comply with Council
request as follows: that the Memorandum shall remain
in effect so long as the Developer evidences control of
the parcels described in the Memorandum; that the Memorandum
provides for a Piaster Development Plan which will be
designed for the parcels included in the Memorandum which
Plan would necessitate the revision of the approved parcel
map; that the Memorandum is not intended to endorse public
financing for the parcel map already approved at this
time; and that the agreement is exclusive to Henri and
Eve Foussard as principles in NAID, and may not be
transferred to other parties without the approval of the
City; and that it is understood that there may be limited
or joint venture partners added to this Memorandum.
City Manager noted that consideration of the project per
se is not the item before the Council ; that all of the
issues raised in regards to the project will be answered
as the project starts to become a reality; that the area
is a sensitive one; that staff is convinced given the
proper funding, the area can be developed with sensitivity;
that the issue of public financing is a tern used within
State Law to allow a mechanism to finance certain
intrastructure, at no expense to public funds.
Director of Economic Development stated that the Foussards
want to develop the area in a manner like Carefree, Arizona,
and are sensitive to the specialness of the area.
Mayor stated that: the Council will be in control of the
approval process for the project.
Councilmember Broich stated that the Economic Development
Commission 's goal 5 or 6 years ago was to develop Palm
Hills, and expressed his favor of the project.
Councilmember Murawski stated that he contacted the current
property owners to discuss their goals; and is comfortable
with the project.
Councilmember Hodges stated that she talked to
representatives of the Sierra Club about i:heir concerns;
that she is against visible hillside development; and
that consideration should be given to the residents who
have views of the mountains.
Minute Order 4574 as recommended, was presented; after
which it was moved by Neel , seconded by Broich, and
unanimously carried, that M04574 be adopted.
Council Minutes
6-6-90, Page 13
12. RIVERSIDE COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT
Recommendation: That the Council consider approval of (123-
a resolution requesting that the Riverside County Board 006)
of Supervisors include the City of Palm Springs in the
proposed Riverside County Regional Park and Open Space
District, conditioned on: A mimimun of 2/3's of the
City's within the County and 2/3's of the City's within
the Coachella Valley requesting participation in the
District; and that the District grant participating City's
veto power over district land acquisition within their
respected boundaries.
Director of General Operations reviewed the staff report
given in detail at the last study session, and added that
a revised resolution was prepared to address the Council 's
concerns.
Resolution 17142 as recommended, was presented; after
which, it was moved by Hodges, seconded by Broich, and
unanimously carried, that R17142 be adopted.
13. INDIAN CANYONS PROJECT (CASE 5.0552 - MISC)
Recommendation: That the Council consider recommending (123-
to the State Department of Parks and Recreation that the 014)
proposed Indian Canyons Project be approved and that certain
properties within the City of Palm Springs be further
evaluated.
Assistant Planning Director reviewed the staff report
given in the last study session and added that the
resolution had been revised to reflect Council concern
for priority areas and boundaries.
Resolution 17143 as recommended, was presented; after
which, it was moved by Neel , seconded by oMurawski , and
unanimously carried, that R17143 be adopted.
ADDITIONAL LEGISLATIVE ITEMS (Satisfied Agenda Posting Requirement. )
14A. CONVENTION CENTER - CATERING CONTRACT
Recommendation: That the Council approve contract with
Adolph's Catering to provide services for food and beverage (139-
to the Convention Center. 001)
Convention Center Director stated that a settlement had
been reached between the proposed caterer and Park Avenue
Gourmet the current caterer; and that the sales price
had been agreed to for the liquor license, and requested
approval of the contract.
Resolution 17144 as recommended was presented, aster which;
it was moved by Neel , seconded by Droich, and unanimously
carried, that R17144 be adopted.
Council Minutes
6-6-90, Page 14
CONSENT AGENDA:
15. MO ---- approving licensing agreement with Elusive Dream (050)
Marketing for "Palm Springsopoly", a board game. A#----.
16. Res 17145 approving Final Parcel Map 23123 for ASL Consultants, (119-
representing Peter and Shirley McKernan to combine property 001)
located on Vereda Del Sur and Via Las Palmas, Section 10.
17. Res 17146 approving final development plans for San Raphael (116-
Partnership for Planned Development District 210 for Phase 077)
I (62 units) of a single family subdivision on San Raphael
Drive between Indian Avenue/Sunrise Way, 0-5 Zone, Section
35.
18. Res 17147 approving Final Subdivision Map 23760 for Robertson (137-
and Smith for property located on the west side of Gene Autry 071)
Trail between Mesquite Avenue and the Palm Canyon Wash, Section
19. A28 52.
19. Res 17148 authorizing agreement with Office of Criminal Justice (113-
Planning Grant for Youth Court Of The Desert. A2848. 001)
20. MO 4575 awarding contract to Lee Roofing Co, for $30,744, (109-
for reroofing of the Desert Highlands Unity Center Gym, CP89•-31, 006)
A2849.
21. MO 4576 awarding contract for Massey Sand & Rock Company for (136-
street widening on Avenida Caballeros (Tachevah to El Mirador) 007)
for $189,877, CP88-15, A2850.
22. Res 17149, 17150, 17151, and 17152 approving Payroll Warrants (086-
& Claims & Demands. 007)
23. MO 4577 approving purchase of various computers and peripherals (117-
from Apple Computers for $24,757.90 for Fire Department. 006)
24. MO 4578 awarding bid for palm tree trimming and seed pod removal (136-
to Parkers Tree Service, Inc for $19. per tree for seed pod 032)
removal only and $30. per tree for pod and frond removal ,
riot to exceed $30,157.
25. Res 17153 approving 12-month time extension for Cs. 5.0425, (116-
PD186 for Palm Springs Manor, for property located at 1500 052)
Baristo Road, RGA (8) Zone, Section 14.
26. Not Used
27. MO 4579 approving minor changes to the City's Investment Policy, (114-
and reaffirm approval of the entire Policy. 004)
28. Res 1.7154 authorizing amendment to agreement with Las Casuelas (124-
Terraza to add 126 seats to expanded restaurant building, 014)
and MO 4580 authorizing appointment of the City Council of
the City of Palm Springs as the Board of Vehicle Parking ( 106-
District #I. (See CRA item f) 001)
29. Res 17155 approving the acquisition of four lots in an area (136-
south of Mesquite, east of El Cielo, north of lahquitz Creek, 022)
Section 19, for $9,950.
It was moved by Broich, seconded by Murawski , and
unanimously carried that item 15 not be approved; and
it was further moved by Broich, seconded by Hodges, and
unanimously carried, that Resolutions 17145 through 17155
and Minute Orders 4575 through 4580 be adopted; Broich
and Hodges abstaining on Resolution 17151 (warrant payable
to Ms. Hodges' employer, and warrant payable to Mrs.
Broich for vehicle damage claim) .
Council Minutes
6-6-90, Page 15
COMMISSION APPOINTMENTS:
a) PA6:
It was moved by Broich, seconded by Bono, and (124-
unanimously carried, that Richard Carr be appointed 035)
to the North Palm Canyon Redevelopment Advisory
Committee.
ADDED STARTERS: (Determine eligibility for consideration)
30. FTM 24853
It was moved by Broich, seconded by Hodges, and unanimously
carried, that consideration of FTM24853-1 be determined
eligible, and added to the agenda.
Councilmember Hodges stated she received a letter regarding (137-
a horse racing track in the proposed area, and questioned 070)
if this was included in the subdivision approval .
Director of Community Development stated that the Final
Tract Map approval is a non-discretionary act by the
Council .
Resolution 17156 recommending approval of Final Subdivision
Map 24853-1, Section 35, San Raphael was presented; after
which, it was moved by Broich, seconded by Bono, and
unanimously carried, R17156 be adopted.
REPORTS & REQUESTS
DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Treasurer's Monthly - February & March, 1990 (121-
002)
CITY COUNCIL reports or requests - None
PUBLIC reports or requests - None
STAFF reports or requests
City Manager stated that the Town Hall meeting regarding
the Spring Break suggestions would be held at the Plaza
Theater, June 19, 1990. 7 p.m.
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned.
JUDITH SUMICH
�-C�-ty- Clerk
By: PATRICIA A. SANDERS
Assistant City Clerk