HomeMy WebLinkAbout1990 - MINUTES - 9/19/1990 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
SEPTEMBER 19, 1990
A Regular Meeting of the City Council was called to order by Mayor
Bono in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednes-
day, September 19, 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 Flag Salute and an invocation by
Rev. T.C. Wilder, Ajalon Baptist Church.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with
Council procedures on September 14, 1990; that one item
was added at the study session, upon motion by Broich,
seconded by Hodges, and unanimously carried, concerning
TM 25010,
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned
for the purpose of convening as the Community Redevelopment Agency.
PUBLIC HEARINGS:
1. A.D. 158 - TM 18087
Recommendation: That the Council hold public hearing,
overrule protests, approve the final engineer' s report (056-
and confirm assessments, and approve ownership agreements 012)
with utility companies and the Flood Control District
for improvements in Assessment District 158.
Director of Community Development highlighted his report,
and stated that the developers are the only property owners
at this time, that there are no written protests, and
recommended overruling protests, confirming the spread
of assessment, the engineer' s report, and agreements for
ownership of utilities.
Mayor declared the hearing opened; there were no appear-
ances, and the hearing was closed.
Resolutions 17265 and 17266 as recommended, were presented;
after which, it was moved by Neel , seconded by Broich,
and unanimously carried, that R17265 and 17266 be adopted.
2. CONGRECARE - CERTIFICATES OF PARTICIPATION
Recommendation: That the Council hold a public hearing,
and approve delivery of Certificates of Participation
not to exceed $6 million for the proposed Palm Springs
Assisted Living Center CongreCare Project on 1.4 acres
on the east side of Sunrise Way, between Amado and Desert
Palms Drive.
Director of Economic Development highlighted his report,
which was reviewed in detail at the last study session;
and noted that the issue will be back with a credit enhance-
ment, and at no risk to the City.
Council Minutes
' 9-19-90 Page 2
2. CONGRECARE (Continued)
Mayor declared the hearing opened; there were no appear-
ances, and the hearing was closed.
Resolution 17267, as recommended, was presented; after
which, it was moved by Broich, seconded by Hodges, and
unanimously carried, that R17267 be adopted.
3. ANNEXATIONS 24 & 25
On September 5, 1990 the Council continued the public
hearing on the pre-zoning to this date, in anticipation (054-
of meeting with the Tribal Council during the interim; 003)
said meeting with the Tribal Council will be held on Septem-
ber 26; and, therefore, the public hearing should be further (054-
continued to October 3. 1004)
Mayor inquired if anyone wished to be heard, there were
no appearances.
It was moved by Broich, seconded by Neel , and unanimously
carried, that the hearing be continued to October 3, 1990.
PUBLIC COMMENTS:
a) George Goldberg commented on the migration of businesses
from Palm Springs; use of neon signs, color of paint
on recent projects; code enforcement officers; payment
for contractual attorneys; and use of iron grills.
b) Frank Coffey, 2127 Brentwood, stated that he was aware
of the Airport Expansion, and its public need; that
he was surprised about the Vision Plan; and asked
that the Council submit the Vision Plan proposal to
the voters.
c) Grace Jablow, 1340 Primavera, stated "chat the cost
of the proposed visitor information center is an
unconscionable increase in light of the city' s financial
condition and the cutbacks in staff; that the use
of the Frances Stevens site has merit, and is a more
desirable location in terms of no wind, centrally
located, near shops, good parking, and is a very
presentable introduction of the community to visitors.
d) Herb Severeno, Alameda, commented on acquiring the
Virginia Slim Tennis Tournament in Palm Springs.
LEGISLATIVE ACTION:
4. SOUTH PALM CANYON INTERIM ORDINANCE - TM 20603
Recommendation: That the Council deny request on behalf
of the Raehn Family Trust, owners of real property known (101-
as Tentative Tract Map 20603, to remove said property 007)
from the current building moratorium area.
Director of Community Development reported that the area
is within the area under building moratorium for the
southern luxury sphere, for consideration of possible
general plan, circulation, and zoning ordinance amendments.
Council Minutes
9-19-90 Page 3
4. SPC INTERIM ORDINANCE (Continued)
David DeLancy, attorney for the Raehn Family Trust, stated
that he was not notified of a hearing (noted by Director
of Community Development that the request did not
necessitate a public hearing) and that the subdivision
had been processed and was within a few weeks of being
finalized when the moratorium was imposed; that they have
been informed by the hotel developer that if' that project
goes through, they proposed to build single-family homes
as the Raehn' s also proposed, and he did not believe the
City should allow a developer to take advantage of the
situation by using the Redevelopment Agency's authority
to acquire the land; and requested that the property be
removed from the plan on the basis that the developer
does not propose doing anything different from what the
owner proposes doing to the property.
It was moved by Broich, seconded by Murawski , and unani-
mously carried, that the request be denied.
5. MUNICIPAL CODE AMENDMENT (Ord. Introduced 9-4-90)
Councilmember Neel moved that this matter be continued (103-
for thirty days, pending attorney review of litigation; 001)
said motion was not seconded.
Acting City Attorney stated that the proposed ordinance
does not directly affect pending litigation, and if the
litigation resulted in significant changes, the ordinance
would be rewritten and require a first and second reading.
Director of Aviation stated that he did not have any comment
about the litigation, and if the Council wished
a continuance, it would be necessary to stop the cab drivers
who are expecting to be able to pickup passengers starting
September 20.
Councilmember Murawski stated that the Council should
stand by its previous action, and proceed to adopt the
ordinance.
City Clerk read title of Ordinance 1359, relating to partial
decontrol of taxicab access to the Airport; after which,
it was moved by Broich, seconded by Murawski , and unani-
mously carried, that further reading be waived, and it
was moved by Broich, seconded by Murawski , and carried
by the following vote, that 01359 be adopted:
AYES: Broich, Hodges, Murawski & Bono
NO: Neel
ABSENT: None
6. CANYON HOTEL AREA STUD`! AREA - PLANNING SERVICES
Recommendation: That the Council approve agreement with
Hunter Johnson, dba American Development Consultants to (133-
provide planning services for the potential Canyon Hotel 006)
area redevelopment plan - A2894.
Director of Economic Development highlighted his report
which was reviewed in detail at the last study session,
and noted that the developer will provide the funding
to cover the services.
Resolution 17268, as recommended, was presented; after
which, it was moved by Hodges, seconded by Neel , and unani-
mously carried, that R17268 be adopted.
Council Minutes
9-19-90 Page 4
ADDITIONAL LEGISLATIVE ITEMS:
7A. HOLIDAY SEASON DECORATIONS
Acting City Manager recommended that the request by DBID (136-
for partial funding of holiday season decorations be 019)
continued to October 3, 1990, which has been agreed to
by the DBID.
It was moved by Hodges, seconded by Broich, and unanimously
carried, that this matter be continued to October 3, 1990.
7B. VISITOR INFORMATION CENTER
Consideration of appeal by Councilmember Murawski from (117)
Planning Commission denial of the proposed visitor informa-
tion center on N. Palm Canyon Drive.
Planning Director highlighted his report, and noted that
the Council could overrule the Commission, and approve
architectural elements.
Director of Community Development reported that the Council
already established the land use, and its action should
relate to the architectural approval element,
Councilmember Murawski stated that the architect followed
the previous direction of the Planning Commission, and
did a good job of addressing some of the design concerns;
that he felt the Commission acted inappropriately in a
direction which may have been politically oriented; that
the Council should approve the architectural elements
with the understanding and recognition that part of the
increased costs related to the Commission' s request, and
part to the CalTrans requirements for a deceleration lane;
that he is very concerned with how much the project will
cost, and a number of people have tried to shoot down
the project, but he feels it is essential for the
hospitality industry, and one way to raise revenue; that
confidential negotiations are underway for a possible
alternative approach, which he believed will please
everyone; and that it would be appropriate to overrule
the Planning Commission, and put the project on hold until
the negotiations are completed.
Mayor stated that he endorsed the idea of a visitor informa-
tion center; that the new options are exciting, and he
hoped they would come to fruition; that the proposed site
increasingly becomes problematic whether it is feasible
considering CalTrans and other cost items which keep getting
bigger; and a vote against overruling the Planning
Commission was not a vote against the visitor center.
Councilmember Neel stated that the Planning Commission's
action should be upheld, and that he has not changed his
opinion that the center should not be at the north entry,
but rather.,at Frances Stevens.
It was moved by Murawski , seconded by Broich, and carried
by the following vote, that the Planning Commission' s
action be overruled, that the architectural elements be
approved; and that the project, as proposed, be tabled
until negotiations on other options are completed.
Council Minutes
- 4 7 9-19-90 Page 5
CONSENT:
8. Res 17269 approving City participation in Luther agreement (124-
described in CRA item above - A2895. 059)
9. MO 4646 awarding contract to Manhole Adjusting Contractors, (136-
Inc. , for annual rubberchip, slurry applications, CP90-09 for 035)
$323,612.67 - A2891.
10. Res 17270 amending Personnel Rules to conform to provisions (110-
of MOUs approved by the City Council with the employee bargaining 010)
units, and revisions recommended by city staff.
11. MO 4647 approving Change Order 2 to contract with Massey Sand �Iil
& Rock for Airport ramp and drainage CP89-35, A2854, for an
increase of $8,065.
12. MO 4648 awarding bid for three off-highway utility vehicles (084-
to Desert Turf, for $24,076.41. 007)
13. MO 4649 approving agreement with PSUSD for PSHS campus officer (126-
for 1990-91, for $52,041.12. - A2892. 005)
14. Res 17271 declaring intent to continue participation in the (113-
California Identification System/Remote Access Network 001)
(Cal-ID/RAN) , as expanded, no additional cost for current fiscal
year.
15. Res 17272 approving a new 40-year lease with Bender & Genevieve (117-
Moore for property on Edom Hill for the City's communications 004)
building, first rental of $3,600, and adjusted annually there-
after, A2893.
16. Res 17273 approving claims & demands. (086)
17. Motion concurring in CRA Res 709 through 728. (124)
18. Res 17274 approving F'rM 25010 to convert a 72-unit apartment (137-
complex to condominiums on the NE corner of E. Palm Canyon 066)
and Golf Club Drive (added to the agenda at the study session,
by unanimous vote upon motion by Broich, seconded by Hodges)
It was moved by Broich, seconded by Muraski , and unanimously
carried, that R17269 through 17274, MO 4646 through 4649,
and motion in item 17 be adopted; Hodges abstaining on
R17273, which includes payment of a warrant to her employer.
19. HIRING FREEZE (Continued from 9-18-90)
Continuation of review on department basis.
Director of Aviation explained the purpose of the depart-
ment; presented organization charts; and requested that (061)
the hiring freeze be lifted in order to provide a
reorganization, which will result in an overall annual
savings of about $1,000, and provide better distribution
of land and field side operations of the Airport.
Council expressed appreciation for the thinking behind
the reorganization; Resolution 17275, amending the Allocated
Positions & Compensation Plan (Amendment #4) to provide
the reorganization, was presented; after which, it was
moved by Hodges, seconded by Broich, and unanimously
carried, that the hiring freeze be lifted for the
Department, and that Resolution 17275 be adopted.
Council Minutes _ _ _ (\
9-19-90 Page 6
19. HIRING FREEZE (Continued)
Director of Community Services & Promotion explained the
purpose of the department; presented organization charts;
and requested that the hiring freeze be lifted in order
to provide a reorganization, which will result in an overall
annual savings of about $15,000, through the elimination
of the Assistant to the Director's position, and replacing
it with a Project Coordinator. She detailed the various
functions of the department, explaining their
interrelationships, and stated that when the department
was first formed, the Assistant position was more critical
until Division managers were hired, and up-to-speed, and
coordination of other projects was set aside, and may
now be given fuller attention.
Council expressed appreciation for the thinking behind
the reorganization; Resolution 17276, amending the Allocated
Positions & Compensation Plan (Amendment #5) to provide
the reorganization, was presented; after which, it was
moved by Hodges, seconded by Broich, and unanimously
carried, that the hiring freeze be lifted for the
Department, and that Resolution 17276 be adopted.
ADDED STARTERS:
20. CAR ALLOWANCE AND MILEAGE REIMBURSEMENT
Acting City Manager reported that during the budget process
the mileage reimbursement allowance was reduced from 29¢ (114-
to 25¢ and needs to be adjusted to comply with General 004)
Unit MOU; after which, it was moved by Broich, seconded
by Hodges, and unanimously carried, that this matter be
determined eligible for consideration, and added to the
agenda.
Acting City Manager recommended that as of July 1, 1990
the rates for EX-MX personnel be based on 25� per mile,
and 29¢ per mile for all other non-management, and monthly
allowances adjusted accordingly.
Resolution 17277, as recommended and rescinding R17192,
was presented; after which, it was moved by Broich, seconded
by Neel , and unanimously carried, that R17277 be adopted.
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
a) Councilmember Hodges expressed appreciation to the
City Librarian, the Library Board, and the Friends
of the Library for their project to send books to
the U.S. Military personnel in the Mid-east.
b) Councilmember Murawski asked that the study session
format include, at the start of the meeting, an (114-
opportunity for Councilmembers to give reports on 002)
various meetings which they have attended on behalf
of the City (in addition to the "Council Comments"
section of the agenda).
c) Mayor reported that Congressman McCandless has asked
him to participate in his reelection fund-raising (070-
efforts in Washington, D.C. , and will pay all of his 001)
expenses in doing so; that although it is not a direct
benefit to the City, there is an indirect benefit;
and that he would like to take the Public Relations
Manager with him, whose expenses would also be paid
for, to help him field questions.
Counicl Minutes
9-19-90 Page 7
c) Continued
Councilmember Broich stated that the Mayor' s celebrity
status always attracts people, and he did not object
to the aide.
Councilmember Hodges stated that she considered it
inappropriate in view of the fund-raising aspect.
Councilmember Neel stated he had no objection.
Councilmember Murawski stated that he appreciated
it being made public, and if they were not on City
expense he had no problem with it.
PUBLIC reports or requests:
a) SPC Luxury Sphere:
Richard Zeilenga, attorney with DeCastro, West, Chodorow
& Burns, Inc. , reiterated the points he made at previous (133-
meeting concerning the building moratorium, the efforts 006)
of the developer to acquire property, and points of
his letter dated September 19, 1990, a copy of which
is on file with the City Clerk, a recent Court of
Appeals case he felt pertinent, and a request that
the Council repeal the moratorium.
Carlos Vignon, Sharpless Road, Cathedral City, owner
of property in the area, stated that subsequent to
Mr. Solomon's last presentation, he contacted the
company to let them know where he could be reached,
but received no response; that on September 5, he
received an offer, including a 450 day escrow and
contingent on the sale of other properties; that he
made a counter offer, with a 90-day escrow, which
to date, had not been accepted; and that in his opinion
no progress of any kind has been made, and he requested
that the moratorium be lifted.
b) Update on Land Acquisition by Joseph Solomon, Canyon
Development, LP
Mr. Solomon stated that his offer has been misrepre-
sented; that this redevelopment attorney has said it
would defend the city if it chose, concerning the
qualification of the area for redevelopment; that
it is not the company' s intent to not compensate people
for their property, and the purpose of the 450 day (133-
escrow is to allow sufficient time in which the City 006)
can act as needed to assist in the project; that Canyon
LP was invited to the community, and its involvement
was embraced by the Council ; that it has $29 milllion
invested in the ground, and will have $50+ million;
that the offer of $105,000 is 25Z higher than the
prices paid for any lot, and when all lots are
committed, cash will be paid, and if that is not
completed at the end of the 450 days, the redevelopment
project area should be in place; that the company
cannot be asked to buy a checkerboard of lots, at
overpaid prices, and not end up with the ability to
proceed with the project; that they have received
seven acceptances to the offer; that of the 70 lots,
only 2 have homes constructed on them, and the company
wants to make certain that it can report that the
owners are happily satisfied, and their homes can
be replicated on fee land, rather than on rental lots;
and that he asked that the Council continue with its
support and the ordinance.
No action required.
Council Minutes
9-19-90 Page 8
STAFF reports or requests: None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned to Tuesday September 25, 1990 at 2 p.m. , there-
after to be further adjourned to Wednesday, September
26, 1990 at 4 p.m. , at the Spa Hotel for a joint study
session with the Tribal Council .
___ JUDITH SUMICH
City Clerk