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HomeMy WebLinkAbout1990 - MINUTES - 6/20/1990 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JUNE 20, 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 20, 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 Zhanna Parr, Practitioner Student, Church of Religious Science. REPORT OF POSTING OF AGENDA: Report of City Clerk: Agenda posted in accordance with Council Policy on June 15, 1990. PRESENTATION OF AWARDS: Employee Recognition: Will Miller (Community Development), Dwayne Rupert (Police) , and Don Cadigan (Fire) 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 . PUBLIC HEARINGS: 1. PM 25829 - TENTATIVE MAP - GRIFFITH-MARTIN DEVELOPMENT Recommendation: That the Council approve a tentative parcel map to divide property on the south side of Ramon Road, generally between LaMirada and Fern Canyon, into nine lots for residential development, Section 22. (137- 077) Planning Director highlighted the memorandum of Director of Community Development, which was reviewed in detail at the last study session; and noted that the property is hillside, and the individual homes will be subject to design review. Mayor declared the hearing open; there were no appearances, and the hearing was closed. Resolution 17158, as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R17158 be adopted. 2. DESERT HIGHLAND ESTATES, LOT T - VACATION Recommendation: That the Council vacate Lot T, as shown on Desert Highland Estates Subdivision, being a parcel (145-001) originally dedicated as 80-ft frontage strip adjacent to North Indian Avenue, from Las Vegas Road to Corozon Avenue. Director of Community Development reported that this matter was reviewed in detail at the last study session; that the vacation will result in creating a project under consideration by the Redevelopment Agency; and recommended that the hearing be held, but action delayed, pending clarification from the utility companies as to their needs for the easement. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. It was moved by Neel , seconded by Broich, and unanimously carried, that this matter be continued to July 11 , 1990. r ` Council Minutes 6-20-90 Page 2 3. EASEMENT VACATION - RAMON ROAD Recommendation: That the Council vacate a 10-ft right-of- 145-001) way along the South one-half of Ramon Road, generaliy between La Mirada and Fern Canyon. Director of Community Development highlighted his report, 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 17159, as recommended, was presented; after which, it was moved by Neel , seconded by Broich. PUBLIC COMMENTS: a) Chamber of Commerce: Paul Madsen, President of the Chamber thanked the Council (067-001) for the review time spent at the last, study session; and described how other Valley cities; support their Chambers of Commerce. Ile read the Chamber's referral policy, and stated that while 850 referrals were made last year to non-local members, 18,000 were referred to Palm Springs businesses from other Chambers of Commerce. Rolph Arnhym, Executive Vice-President of the Chamber, stated that the community cannot afford to have the partnership between the Chamber and the City broken up; that hundreds of people have signed petitions asking the Council to continue funding the Chamber, which he will file later, as well as 72 letters; that the Council tries to utilize locally owned businesses whenever possible, however, it does contract with non-local firms, e.g. , the public relations contract with Mahoney; that the Chamber may disagree with the Council 's policy, and vice versa, however, once decisions are made, the Chamber supports the Council ' s decision; that tax dollars are used for other kinds of groups which do not always benefit solely the entire community, e.g. , the Senior Center; and recommended that the Blue Ribbon Budget Committee be reactivated to look at duplication of efforts; and asked that the Council not "gut" the Chambers funding, but find a way to work it out together. Councilmember Broich stated that he dirt not think, the Council was anti-business; that he wiiII not support any group or organization that takes tax dollars and does not recommend every business, or citizen in the city; that the Chamber is asking for that, and he does not support that; that he and Councilmember Murawski met with the Chamber and tried to wort: out something; that the Chamber will have to give, and he will not change his view. b) Ronnie Peters, 362 N. Palm Canyon, spoke in support (050-010) of loaning funds to the Film Festival , and gave her opinion as to its success; and stated that the loan would protect the prior investment. Council Minutes - - - r 6-20-90 Page 3 c) Interim Ordinance, Canyon Hotel Area: Dr. Peter Tynberg, 1599 Via Norte, expressed his opinion that there is no reason to include Andreas Park Estates in the moratorium; and stated that City staff told him it was only included for equity purposes, and there was no possibility that it would be included in the next step, therefore, people in the area should not be stopped from proceeding with building. Bruce Norris, 2415 Piedmont, Riverside, stated that he inquired about the area over sixty days ago, and was told that nothing had been proposed for the area, and people could buy property and proceed; that he considered it a mistake to limit that ability for people who purchased their property in good faith; and asked that he be given information as to when the southern "sphere" of the vision plan was developed, when it was received, and when the Adler agreement was approved. Terry Rudd, an associate of Bruce Norris, stated that she represented a buyer who has plans in for plancheck, and was led to believe up until Monday that they could build their home; that the area is not to be included in the project, and the homes are of a similar type as those to be built in the project; that others are in the same situation; that there are seventy lots involved; and that the developer made untrue threats about the status of the properties. Alvin Helm, 1005 Andreas Hills Drive, opposed any interim ordinance for the area. Dr. Eric Williams, 1009 Andreas Hills Drive, President of the Homeowner's Association, stated that the property owners should have been notified of the proposed ordinance; that the subdivision was approved in 1980, and he did not see that a moratorium had any relevance, in terms of road alignments in the area; that there are 33 lots of which 17 have been built upon in a walled-community; and that action should be delayed until there are comments from other property owners. c) George Goldberg commented on employee expense reports; expenditure for police, sheriff, and highway patrol during April ; recreation vehicles; non-resident city employees; illegal aliens working on the El Mirador tower project. d) Jim Stuart, 1037 Tamarisk, suggested that the City utilize its in-house capabilities and produce a brochure for tourist racks in beach communities. e) Dennis Seeber, 3014 Bahia, representing Stockwell & (084-006) Binney, commented on Item 23, and expressed concern that his firm has provided service to the City, often using his knowledge and experience to save the City money, which he felt might not be the case with the recommendation. Council Mintues 6-20-90 Page 4 f) Airport Limousine Ron McGilgie (?) expressed opinion that the bidders (051-027) should have known what the point system would be before bids were submitted; and that there was no on-site inspection, to look at storage, vehicles, etc. Terry Schure, Desert Area Tours, stated that V.I.P. offered the highest bid, and questioned why it was not accepted. Earl Webb, 290 San Jose, owner of V. I.P. , talked about his track record and the growth of his business; and noted that his company handles 75% of the major convention needs in the Vallley. Marshall Gilbert, 3492 Loma Vista Circle, Airport Commissioner, stated that the point system was only a fraction of the basis for the recommendation; that members and staff individually spent many hours reviewing information; and that the Commission was unanimous in its recommendation. LEGISLATIVE ACTION: 4. PS INTERNATIONAL- FILM FESTIVAL - LOAN REQUEST Recommendation: That the Council approve request from the (050-010) P.S. International Film Festival for a 120-defy, interest-free loan of $50,000 provide short-term cash flow until corporate sponsorship money is received. Director of Community Services & Promotions reviewed her report, which was reviewed in detail at the last study session Councilmember Hodges stated that; the Council has many decisions to make regarding the budget, and the loan is unsecured; that she is not opposed to the film festival , but in view of the budget situation, and in the event the loan is not repaid, she would vote against the recommendation. Councilmember Murawski agreed that the lack of security was of concern, and questioned if there was a suggested alternative to provide that security, and in the absence of such security, the Council needed to push ahead. Councilmember Broich stated that the Council has seed money from the Room Tax which has not been approved, and perhaps that will need to tie adjusted until these funds are returned, which he was confident will happen. Mayor stated that the Council must make decisions about the budget, and take an entrepreneurial approach at the same time; that success is based on liability and risk, and if there must be totally security at the outset, then it will not happen; that the question centers around whether the Council will balance the budget and solve that problem, or whether it will balance the budget, create events, liveliness, a viable downtown, and a new image and activity; that if the focus is on the latter, there will be risks resulting in winning or losing; that it will take tenacity, assertiveness, and guts to pursue the vision; and if that pursuit is lost, the game is lost; and that balancing the budget is only one aspect of the game. Minute Order 4581, as recommended, was presented; after which, it was moved by Broich, seconded by Murawski , and carried by the following vote, that MO 4581 be adopted: Council Minutes 6-20-90 Page 5 4. FILM FESTIVAL (Continued) AYES: Broich, Murawski , Neel A Bono NO: Hodges ABSENT: None 5. INTERIM ORDINANCE - CANYON HOTEL AREA Recommendation: That the Council adopt an interim ordinance to limit the issuance of, or acceptance of applications for, building permits in and around the Canyon Hotel area. Director of Community Development highlighted his report, and noted that the area was one identified by the Council as a "sphere" area, and in need of upscale development; that a pre-development agreement was approved with Solomon-Adler who are pursuing the purchase of land in the area; that it does not make sense to allow additional investments for those properties that will be needed for the project; that the proposed ordinance would require a 4/5 vote, and become effective immediately if adopted; that the ordinance is valid only for 45 days, and within the next 35 days, a public hearing will be scheduled, after which, the ordinance could be extended up io ten months; that Dr. Tynberg was not told that the area was only included based on equity, rather that during the preliminary stages, options for circulation and other aspects should not be foreclosed; that he spoke with one person whose plans were in plancheck, and was told that they did not have any problem with the 45 day period, but wanted to be able to proceed with what they were doing; that the urgency relates to looking at a proposal to serve a greater public purpose than what is individually proposed; that the preliminary plans indicate a top-quality project; and the interim ordinance would not be recommended if the project were mediocre. Councilmember Murawski stated that he felt the developer in purchasing any property will consider the property owner's investment; that the proposed project will benefit the community as a whole; and that the purpose of the urgency ordinance is to move quickly to establish a holding period. Councilmember Hodges stated that she has a problem of not having notified people what the City was trying to do; that she did not understand why if the Andreas subdivisions were not going to be included, they are included at this time. Director of Community Development stated that the Council should not foreclose options that may be available in looking at what is potentially under consideration; and that alternative access may be desirable, but unjc[Iown until the proposal can be more fully analyzed. Councilmember Broich stated that the time period allows notice to be mailed, and in the long-run may save money for the property owners; and that it will be less than 45 days. City Clerk read title of Ordinance 1349, as follows: AN INTERIM ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO RESTRICT THE ISSUANCE OF ANY PERMIT FOR A NEW OR EXPANDED STRUCTURE OR ACCEPTANCE OF ANY APPLICATION FOR ARCHITECTURAL APPROVAL, CONDITIONAL USE PERMIT, PLANNED DEVELOPMENT DISTRICT, TENTATIVE OR FINAL TRACT MAP, ZONE CHANGE, OR ANY OTHER REQUEST FOR ACTION BY ANY CITY AGENCY WHICH WOULD APPROVE ANY BUILDING OR CONSTRUCTION IN THE SOUTH PALM CANYON AREA, AND DECLARING THE URGENCY THEREOF. Council Minutes 6-20-90 Page 6 5. INTERIM ORDINANCE (Continued) It was moved by Murawski , seconded by Broich, and unanimously carried, that further reading be waived; and it was moved by Murawski , seconded by Broich, and carried by the following vote, that Ordinance 1349 be adopted: AYES: Broich, Murawski , Neel & Bono NO: Hodges ABSENT: None 6. VISITOR & TOURISM PROMOTIONAL ACTIVITIES - RESTRUCTURE Recommendation: That the Council consider, restructuring (060-024) visitor and tourism promotional activities; creating an independent corporation - the Palm Springs Visitors and Promotion Bureau, prescribing its composition, powers and duties; establishing minimum levels of funding; and abolishing the VPB, and the Tourism Division of the Department of Community Services & Promotions. Withdrawn from agenda 7. STYROFOAM PRODUCTS Consideration of alternative resolutions concerning utiliza- ( 114-004) tion of styrofoam products. Director of Aviation stated that the distinction between the resolutions is that one only encourages refraining from the use of such products, and the other adds caveat unless such products are recycled. Resolution 17160 encouraging refraining from using styrofoam product containers unless they are recycled, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R17160 be adopted. 8. TM 17642-2 - DEDICATION OF RIGHTS-OF-WAY Recommendation: That the Council accept rights-of'-way (136-041) dedicated for public use for streets and public utilities in Tract 17642-2 (Sunrise Norte) , consistent; with proposed Parkway Maintenance District 7. Director of Community Development highlighted his report, which was reviewed in detail at the last study session. Resolution 17161, as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R17161 be adopted. 9. FIREWORKS DISPLAY - JAYCEE REQUEST Consideration of request by P.S. Jaycees for a $5,000 line (104-009) of credit to be available for use if it fails to reach its goal of raising $10,000 for the July 4 fireworks show. Director of Community Services & Promotions highlighted her report, which was reviewed in detail at the last study session. Minute Order 4582, approving request, as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that M04582 be adopted. Council Minutes 6-20-90 Page 7 10. CARNIVAL RIDE PERMIT Recommendation: That the Council approve permit for three (064-002) kiddie carnival rides to be sponsored by the DBID in the CBD from June 29, Noon until 8 p.m. July 1; then to be relocated to Sunrise Park and sponsored by tine Jaycees on July 4; and approve temporary street closure. Director of Community Services & Promotions highlighted her report, which was reviewed in detail at the last study session. Minute Order 4583 and 4584, approving permits, as recommended, were presented; after which, it was moved by Broich, seconded by Hodges, and unanimously carried, that M04583, 4584 and R17162 be adopted. 11. STREET CLOSURES - FIESTA ROAD, ET AL Recommendation: That the Council adopt resolution to close (056) portions of Fiesta, Rodeo, Vaquero, and Optunia Roads, conditional to approval of proposed A.D. 159. Director of Community Development highlighted his report, which was reviewed in detail at the last study session. Resolution 17163, as recommended, was presented; after which, it was moved by Hodges, seconded by Broich, and unanimously carried, that R17163 be adopted. 12. SUNRISE PLAZA - BOYS CLUB Recommendation: That the Council cancel current agreement (115-001) with the Boys Club, and approve a new 50-year lease of the property known as 450 S. Sunrise Way, terminating January 26, 2040. Director of Community Services & Promotions highlighted her report, and stated that the Club's Board of Directors felt the extension was important in order to attract donors to fund improvements to the property, providing a longer period of exposure for recognition of the donation. Councilmember Broich stated that he spoke with the Board's Chairman, who indicated the Board would accept a 25-year lease, with an option for an additional 25 years. Minute Order 4585, approving new lease, and cancelling prior• agreement, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that MO 4585 be adopted, subject to revising term to provide a 25-year lease, with an option for an additional 25 years. 13. SECTION 19 LAND ACQUISITION - RECREATION & OPEN SPACE Recommendation: That the Council approve the acquisition (092-007) of ten acres at the confluence of the Palm Canyon and Tahquitz Wash., being the south one-half of Lot 30, from Frank Gautiello, for $97,500, plus title and escrow fees. Director of Community Development highlighted his report, which was reviewed in detail at the last study session. Resolution 17164, as recommended, was presented; after which, it was moved by Neel , seconded by Broich, and unanimously carried, that R17164 be adopted. Council Minutes 6-20-90 Page 8 14. DIRECTION CONCERINIING HIRING At the study session June 12, some of the Council asked that a hiring Freeze be enacted for all city positions until (061-006) the budget is adopted. Prior to taking action, the Council may wish to review those positions which are vacant, and are at some stage in the hiring process. Personnel Director reported that this matter was discussed at the last study session; that the Council indicated a preference to fill only entry level firefighter and police officer; that there is a good possibility that a police officer vacancy will be filled by an existing Airport Security Officer, leaving a vacancy in that position; that the number of positions at the Airport is mandated by the FAA; that one jailer has resigned, and it is important that the position be filled, otherwise it may be necessary to 'take a police officer off the street to perform the duties. It was moved by Murawski , seconded by Broich, and unanimously carrier!, that if the Airport law enforcement position becomes vacant, it be filled at entry level ; and that the jailer vacancy be filled at entry level , without any change in salary or package levels. 15. MUNICIPAL CODE AMENDMENTS (Ord. Intro 6-6-90) City Cleric read title of Ordinance 1349, re board/commission appointments, terms, and vacancies; and (103-001 ) Ordinance 1350, reducing business license tax for pawnbroker after which, it was moved by Broich, seconded by Neel , and unanimously carried, that further readings be waived, and that Ordinances 1349 and 1350 be adopted. 16. AIRPORT - LIMOUSINE LICENSE AWARD Recommendation: That the Council award a limousine license to Country Club Limousines, effective September 20, 1990. (051-02,7) Director of Aviation reported that the Commission and staff put a lot of effort into developing the recommendation; that the goal was to protect the Airport and its customers; that the RFP process was utilized, and two firms responded, both local firms, both having operated at the Airport for many years, and both very familiar to the Commission and staff; that the grading system was not revealed in advance, and each member made the evaluation independently; that the percentage bid is important, but the ability to perform, past record, documentation, were also considered important; that an average proposal would have had a grade of zero, and a perfect proposal would have received 53 - neither firm received either of the two extremes; and that the unanimous recommendation is for Country Club. In answer to questions by Council , Director of Aviation reported that information was gathered through the RFP process, including business plan, financing plan, operations; that the companies have operated at the Airport on a daily basis, both have excellent fleets; that part of the decision included the percentage and what it should be; that the Commission discussed that aspect at three different meetings; that at one point it felt that 12% was reasonable, and discussed the question again last week, whether it is realistic to expect a 15-20% payment from operations for this size of Airport; and that the revenue is needed for Airport improvements. Council Minutes 6-20-90 Page 9 / 16. LIMOUSINE (Continued) Councilmember Hodges stated that the two companies are in the best position to know what they are able to pay; that the Council should not reject the 5% more that V. I.P. offered, which can be used for operations at the Airport; that she disagreed with the rating process; and felt the policy should be changed, or at least reviewed. Councilmember Broich stated that the decision should be based on performance; that Country Club has had a contract for eight years, and a lot of letters have been received recommending the company be retained; and that he understood the concern about the variance in the percentage amount. In answer to question by Council , Director of Aviation reported that the agreement provide a non-exclusive right. Minute Order 4586, approving agreement, as recommended, was presented; after which, it was moved by Broich, seconded by Murawski , and carried by the following vote, that M04586 be adopted: AYES: Broich, Murawski , Neel & Bono NO: Hodges ABSENT: None ADDITIONAL LEGISLATIVE ACTION: (Satisfied agenda posting requirement; materials at study session) 17A. RUBBER CHIP SEAL, CP89-20 - CHANGE ORDER No. 1 (FINAL) Recommendation: That the Council approve Change Order No. 1 (Final ) for an increase of $382,317.38 to agreement with Manhole Adjusting Contractors, for slurry/cape seal CP89-20 A2770. This item was reviewed in study session, and no further report was given. MO 4587, as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that M04587 be adopted. CONSENT AGENDA: 18. MO 4588 awarding purchase of annual grass seed requirements to The Cameron Company, at $.185, $.69, and $1.65 per pound for annual , perennial and Poa trivialis, respectively. 19. Res 17165 accepting grant offer from FAA for AIP-12 multi-year allocation of $3,197,354, of which $1,759,447 is allocated for 1990 - A2856. 20. MO 4589 approving payment of $9,287.25 to Lee Chemical , Inc. , for soil stabilization seal coat to prevent blowsand situation for A.D. 155 (Gene Autry/Ramon area) . 21. MO 4590 approving agreement with Dr. Charles Supple for employment related physical examinations for 1990-91 - A2857. 22. MO 4591 approving agreement with Dr. Leonard Kalfuss for pre-employment related orthopedic physical examinations for 1990-91 - A2858. 23. MO 4592 awarding bid for annual term contract for office supplies to Eastman, Inc. , at discounts ranging from 37% to 80% and averaging 60.47% off of manufacturer's list prices. � Cl Council Minutes 6-20-90 Page 10 24. Res 17166 cancelling agreement with P.S. Sports Festival , effective immediately - A2780. 25. Res 17167 establishing an appropriations limit for 1990-91. 26. Res 17168 appropriating into reserves the unappropriated fund balances in designated City Operating and Capital Projects Funds for future operations, or projects. 27. Res 17169 approving Engineer's Report and setting date for hearing I on SLMD 1 (Belardo/Cahuilla) & 2 (McManus) for 1990-91 for July 11, 1990. 28. Res 17170 declaring intent to levy assessments in SLMD 3 (Crossley Tract) for 1990-91 and setting hearing for July 111 1990. 29. Res 17171 declaring intent to levy assessments in SLMD 4 (Eagle Way Area) for 1990-91 and setting hearing for July 11, 1990. 30. Res 17172 declaring intent to levy assessments in PMD 6A, 6B and 6C, for 1990-91 and setting hearing for July 1,1, 1990. 31. Res 17173, 17174, and 17175 determining sufficiency of petition, and adopting actions to initiate proceedings, including resolution of intention and setting hearing for July 11., 1990, for the formation of Parkways Maintenance District 8 (San Rafael/Avenida Caballeros) 32. Res 17176 accepting conditional grant deed from P.O.S.T. for 3 lost in Section 34, T4S, R4E - generally located west of South Palm Canyon Drive, and south of the westerly extension of Avenida Granada. 33. Res 17177 and 17178 approving Payroll Warrants & Claims & Demands. I 34. MO 4593 awarding contract for furnishing and installing conduit, power, and communications wiring, and city-owned controllers for Rain Bird Maxi V computerized Irrigation Control System at the municipal golf course, to Fairway Irrigation Company, for $134,000 - A2859. 35. Res 17179 approving letter of intent with Pacific Hospitality Group, William H. McWethy, sole proprietor, to effectuate the renovation and expansion of the Desert Inn Hotel Property (PA5B2) (See CRA item this date) It was moved by Hodges, seconded by Neel , and unanimously carried, that Resolutions 17165 through 1.7178 and 140 4588 through 4593 be adopted. ADDED STARTERS: None REPORTS & REQUESTS: DEPARTMENTAL REPORTS - Received & Ordered Filed a) Treasurer' s Monthly - April , 1990 CITY COUNCIL reports or requests a) Councilmember Murawski asked if an environmental assessment can be required when plans for hotels are submitted for plancheck. Staff to provide explanation of current process. b) Councilmember Murawski asked that Metropolitan Theaters be made aware of how imperative it is that good films be shown at the Plaza Theater; and that he did not accept the response that studios will not rent films for the Plaza Theater because of insufficient parking, because that was not a consideration in the past. Council Minutes 6-20-90 Page 11 c) Councilmember Hodges asked that Sunline be asked to review and make certain the wheelchair lifts on the buses are working. d) Councilmember Hodges asked that the RV regulatory (103) ordinance be reviewed by the Council at a near study session. PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned to Tuesday, June 26, 1990, 2 p.m. , Council Chamber; thereafter to be further adjourned to a Closed Session, June 30, 1990, 8 a.m. , at Jimsair, for Council communication/ team building training. JUDITH SUNICH City Clerk