HomeMy WebLinkAbout1991 - MINUTES - 3/20/1991 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
MARCH 20, 1991
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 Canyon Way, on Wednesday, March 20, 1991, 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
Norman Josephson, Bahai Faith.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with Council
procedures on March 15, 1991.
PRESENTATION OF PLAQUES TO FORMER COMMISSIONERS
Members unable to be present to receive plaque: James Cioffi ,
Board of Appeals and Jonathan de le Torre, Visitor & Promotion
Board (plaques to be mailed. )
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 .
APPROVAL OF MINUTES:
It was moved by Neel , seconded by Broich, and unanimously
carried, that the Minutes of December 5, 1990, January 16,
February 26, March 5 and 12, 1991, be approved.
PUBLIC HEARINGS:
1. TM 26393 - TENTATIVE TRACT MAP
Recommendation: That the Council approve a tentative tract (137)
map to divide 31.3 acres into 16 lots for an industrial park
on the SE corner of Vista Chino and Gene Autry Trail , M-1-P,
Section 7 , Classic Bird Partnership.
Planning Director reviewed the memorandum of the Director
of Community Development, which was reviewed in detail at
the study session; and noted that the resolution was revised
pursuant to details discussed by the Planning Commission;
that the acreage is divided into large sized parcels; that
overall design will be coordinated through design guidelines
approved by the Planning Commission, in addition to CC&Rs;
that the proposal is consistent with the Desert Sun and Bird
Corporation new facilities; that signal at Chia and Gene
Autry will be looked at in terms of warrants, and is not
a condition of approval .
Mayor declared the hearing opened.
Allen Sanborn, 600 E. Tahquitz, representing the developer,
stated he was available for questions.
There were no further appearances, and the hearing was closed.
Resolution 17450, as recommended, was presented; after which,
it was moved by Broich, seconded by Neel , and unanimously
carried, that R17450 be adopted.
Council Minutes
3-20-91 Page 2
2. AA 3.0841 HAAGEN APPEAL
On February 20, the Council continued, at request of staff
and the appellant, matter concerning as built landscape plan
appeal for property at 2288 Southridge Drive.
Assistant Planning Director reviewed the memorandum of Director ( III-
of Community Development dated March 20, 19,91, recommending 001)
that the Council overrule the Planning Commission decision,
subject to certain conditions which address the Commission's
primary concern regarding long term maintenance of Lot A;
that the applicant' s attorney and the City Attorney have
been working toward a suitable agreement; and that it would
address the points outlined in the staff report, inclluding
a sunset provision that nullifies the agreement upon the
issuance of certificate of occupancy for a permitted main
structure on Lot A.
Mayor declared the hearing opened.
Greg Swatjian, attorney for Haagen„ stated that he has been
working with Rutan & Tucker; that he believes the issue can
be resolved, and he supported the recommendation.
William Crieger, architect for the applicant, expressed
agreement with the recommendation:, noting that there has
been some difference of opinion as to how it should be written,
and he hoped it would riot need to come back again to the
Council .
Resolution 17451 overruling the Planning Commission., and
stipulating conditions for approval , was presented; after
which, it was moved by Murawski , seconded by Broich, and
unanimously carried, that R17451 be adopted.
3. STREET VACATION - SECTION 3
On February 20, 199L, Council declared intuit to vacate the
right-of-way for a short street and cul-de-sac south of Cielo (145-
Drive, In Little Tuscany No. 3, subject to filing lot line 001)
adjustment, and set this as time and place of hearing.
Director of Community Development reported that a Lot Line
Adjustment has been prepared, to be recorded following the
vacation, to combine the four lots into two, each of which
will have frontage on Cielo Drive.
Mayor declared the hearing opened; there were no appearances,
and the hearing was closed.
Resolution 17452, ordering vacation as recommended„ was
presented; after which, it was moved by Murawski , seconded
by Broich, and unanimously carried, that R17452 be adopted.
Council Minutes
3-20-91 Page 3
4. 1990 NATIONAL ELECTRIC CODE
Recommendation: That the Council adopt resolution making
expressed findings that certain local conditions require
amendments, additions and deletions to the National Electrical
Code, 1990 edition; and adopt said edition, by reference
with amendments, deletions and additions thereto.
Building & Safety Director reviewed the memorandum of Director
of Community Development, noting that the Board of Appeals (112-
also conducted a public hearing, notice of which was provided 001)
to all electrical contractors holding a valid city business
license; and that all of the proposed amendments are currently
in effect, and no new amendments are proposed.
Mayor declared the hearing opened; there were no appearances,
and the hearing was closed.
Resolution 17453, making findings, as recommended, was
presented.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING AND AMENDING THE 1990 NATIONAL ELECTRICAL CODE.
(Note: Ordinance amends Chapter 8.04 of the Municipal
Code)
It was moved by Neel , seconded by Broich, and unanimously
carried, that further reading be waived, the Ordinance be
introduced for first reading, and that R17453 be adopted.
5. HSPB 22-A - PLAZA THEATER
Recommendation: That the Council declare the Plaza Theatre
as a Class I Historic Site.
Planner Patenaude reviewed the memorandum of Director of
Community Development, noting the historic significance of (076
the property; and the Board' s recognition that the Council 001)
is negotiating with a potential theater operator who may
want to make modifications; that the Board would like to
review those with the intent of assuring that the theater
remains a viable cultural resource and an important reminder
of the community' s history; that any decisions of the Board
would be subject to appeal to the City Council .
Councilmember Murawski stated that he agreed this "jewel "
in the community needs to be protected; that he feels there
are certain matters in a contract entered into by the former
Council , concerning fund-raising, which would be in conflict
with the designation, and those matters should be addressed
first, and he suggested that the matter be delayed to permit
staff to work through those.
City Manager agreed it would be appropriate to take the
additional time to research it.
It was moved by Murawski , seconded by Broich, and unanimously
carried, that this matter be continued indefinitely, and
hearing rescheduled when appropriate.
Council Minutes
3-20-91 Page 4
PUBLIC COMMENTS:
a) Spring Break - K-Rails:
The following persons expressed opposition to the placement
of K-rail barricades on Indian Canyon and Palm Canyon
on the basis of being inhospitable, traffic and safety
hazards, confrontational , extreme inconvenience to local
residents and merchants, and inappropriate image for
Palm Springs:
Kurt Handshuh, adding that laws should be enforced as
they relate to noise, traffic and alcohol ; and that the
barricade and nudity ordinances should be repealed.
Jeremy Crocker, 330 W. Arenas Road, suggested the barriers
be used where needed, but perhaps they could be decorated
in some manner, similar to those in place which have
advertising on them from the P.S. Road Race, possibly
a welcome which could be seen when television cameras
film downtown.
Father Green, St. Paul ' s Episcopal Church, noting that
even during the daytime hours, people will not be able
to access the church.
Emile Duvernay, Hermosa Drive, stated that he nearly
had an accident trying to turn left onto E1 Alameda;
and stated that he was prevented from carrying on business
he had in that area.
Rolph Arnhym, Chamber of Commerce, stated that he was (113-
pleased about the Council ' s support of the California 001)
Angels, and the activities planned; and stated that in
its letter, the Chamber asked that the Council reconsider
the barriers; that the Chamber has received many comments
about them, all relating to safety concerns and the image
the barriers project.
Mayor noted that the Council is completely supportive
of the Angels, but the City simply cannot build the kind
of facility they have been looking for, and would like
them to stay.
Jack Salinger, 437 N. Palm Canyon, expressed concern
about poor image and relationship with the younger visitor,
and his belief that there will be serious repercussions
as a result of using the barricades.
Rick Service, Las Casuelas Terazza, sthat he was told
the barricades would not be used; that he felt the Council
was sending mixed messages; that he feels it is one of
the worst possible images portrayed; that: it is a hostile
and aggressive image. He also commented on a previous
approval given by the Council for expanding the parking
for the restaurant, and that the City has not been able
to resolve the issues, which has caused him considerable
delay in starting the project.
Councilmember Murawski stated that he thought the project
was put: on hold, and was pleased to hear otherwise, and
asked the staff to help get it moving. Mayor also asked
for a status report.
Fred Ebling, 2460 Tuscan Road, stated that he could not
see over the barricades when he drove his sports car,
and that the City is placing itself in a position of
liability.
-396
Council Minutes
3-20-91 Page 5
b) Plaza Theater
Janice Lyle, 215 Lynne Circle, expressed concern about
preserving the Plaza Theater, and stated that one reason (076-
for an historical designation is to assure that as changes 001)
are contemplated, the historic value is preserved; and
that part of the problem is that the theater has been
removed from The Plaza, as a whole.
Kay Allemier, Vista Grande, stated that she was also
interested in preserving the theater, and that proper
venues to suit it will take place; that she has been
pursuing an idea about those proper venues, which she
would like to discuss further, as she felt it would fit
into the Vision concept, and create excitement downtown.
c) George Goldberg, stated that he felt the proposed RV
ordinance permit fee was a dumb idea; that there are
many illegal parking conversions, RVs and boats parked
illegally; and that there should be an RV park at the
entry to the Tramway; and that he did not "dike the name,
"Village of Palm Springs. "
d) Ms. Rickie Androli (?) 1525 S. Calle Rolph, stated that
she received a notice of code violation regarding her
RV parked in her driveway; that her backyard is not
accessible; that she would not want to do so, even if
it would fit; that many people come to the desert and
stay in their RVs; that there are RV shows at the
Convention Center, which draws many RV owners; that she
questioned what the cost would be if the City were taken
to court by one of the RV organizations; that RVs are
a major factor in case of earthquake; and that other
communities, e.g. , Beverly Hills, do not have such
restrictions.
e) Frankie (?) 670 Calle Palo Fierro, stated that he (050)
participated in the Villagefest, but there was not enough
light, and he was told he could not plug into the palm
tree lighting, and he should use an extension cord; that
he preferred a fluorescent light he has which can be
plugged into the palm tree, and which covers a greater
area than the palm tree lighting, even if it is turned
downward, and uses less electricity; and that the Council
should allow anyone to plug into the tree lighting if
they can provide better lighting.
Councilmember Murawski stated that he understood there
were some complications about the available wattage,
and asked staff to look into the matter.
LEGISLATIVE ACTION:
6. VISION PLAN - REDEVELOPMENT SURVEY AREA WEST OF CBD
�s
Recommendation: That the Council designate a redevelopment
survey area, west of the Central Business District, for study (133-
purposes. 005)
Director of Community Development reported that in order
to develop any of the golf course alternatives contained
in the Vision Plan, it may be necessary to put into place
a redevelopment project area to be able to use Redevelopment
Agency resources; and that the first phase in moving in
that direction, is the designation of a survey area, which
sets the process in motion precedent to the adoption of a
redevelopment area and plan.
Council Minutes
3-20-91 Page 6
6. VISION PLAN (Continued)
Resolution 17454, designating the area, as recommended, was
presented; after which, it was moved by Murawski , seconded
by Broich, and unanimously carried, Neel abstaining, that
R17454 be adopted.
7. VISION PLAN - DOWNTOWN GOLF COURSE
Recommendation: That the Council authorize a golf course
development project, selection of a financial feasibility
consultant, designation of bond counsel , underwriter, and (133-
establishment of a Financing team; appropriate $460,000 for 00.)
upfront expenses; and approve an agreement with SENCA for
development services therefore.
City Manager recommended this matter be referred to him for
analysis.
It was moved by Broich, seconded by Murawski , and unanimously
carried, Neel abstaining, that this matter be tabled pending
City Manager review.
8. VISTA CHINO WIDENING - COUNTY JOINT CONSTRUCTION
Recommendation: Thal: the Council approve an agreement with
the Riverside County Flood Control District for joint construc-
tion of the widening of Vista Chino, from Sunrise to Gene
Autry, not to exceed $860,000 - Agr _.
Matter pulled from agenda.
9. ALLOCATED POSITIONS & COMPENSATION PLAN AMENDMENT
Recommendation: That the Council approve Amendment 7 to
the Allocated Positions and Compensation Plan to provide (061-
a net increase of 2.25 regular positions in the Community 011)
Development Department, relating to the Engineering Division,
and Public Art.
Director of Community Development reviewed his memorandum,
noting that one of the two positions replaces the contractual
city engineer; and that the resolution was revised folllowing
the study session.
Resolution 17455, as recommended, was presented; after which,
it was moved by Murawski , seconded by Broich, and unanimously
carried, that R17455 be adopted.
10. LICENSING AGREEMENT - PROTECTION SUN PRODUCTS
Recommendation: That. the Council approve a product licensing
agreement with Steve Lapping, Protection Sun Products, for (050-
tanning products - Agr 2966. 001)
Project Coordinator reported that this matter was reviewed
at the last study session, and noted that the changes requested
have been made, e.g. , notice of cancellation will be changed
from 30-days to 120-days; and she displayed a sample of the
product to show its label .
In answer to question by Mayor, Director of Community Services
& Promotion noted that Mr. Lapping gave comments to the Council
concerning the bidding process last year; that the agreement
with DeserTan was approved at that: time; that the previous
licensee breached his contract; and that Mr. Lapping is
prepared to move forward with his tanning product.
Minute Order 4726, approving agreement as recommended, was
presented; after which, it was moved by (Broich, seconded
by Murawski , and unanimously carried., that MO 47R6 be adopted.
Council Minutes
3-20-91 Page 7
11. VILLAGE GREEN - AGUA CALIENTE CULTURAL MUSEUM LEASE
Recommendation: That the Council approve a lease agreement
with the Agua Caliente Cultural Museum, a nonprofit corpora-
tion, for 215 S. Palm Canyon Drive, effective April 1, 1991.
Business Retention Specialist highlighted the memorandum
of Director of Economic Development, and noted that because (117)
of the nonprofit status, it is exempt from possessory interest
and the DBID assessment; that the hours of operation will
remain flexible, since it is staffed by volunteers, but will
be consistent with other tenants at the Village Green; and
the rental will be a flat fee of $500 per month - City Attorney
to incorporate modifications into the lease agreement.
Minute Order 4727, as recommended, was presented; after which,
it was moved by Broich, seconded by Murawski , and unanimously
carried, that MO 4727 be adopted.
12. OPERATION DESERT VICTORY DAY
Recommendation: That the Council designate May 27, 1991
as, "Operation Desert Victory Day," in Palm Springs and appoint
co-chairman to plan and coordinate the event, and staff liaison
between the Council and the committee; further that the support
of the Twentynine Palms City Council and Chamber of Commerce
be solicited.
Public Relations Manager reported that the proposal reflects
prior discussion between the Mayor, Mayor pro tem and Chamber
of Commerce Executive Director Rolph Arnhym, to honor the
returning troops; that Mr. Arnhym and the Acting Convention
Center Director will serve as co-chair; that a variety of
people in the community will help in organizing the event;
and that the financial and in-kind offers for support have
been excellent. He stated that a parade and "party" are
being suggested.
Councilmember Murawski noted that the funds proposed to be
used were originally set aside for the ground breaking
ceremonies for the expansion of the Convention Center.
Mayor stated that as a result of meeting between he, Mayor
pro tem Broich, and General Livingston, as to what would
be a show of support from the City, General Livingston
indicated that a continuance of what was being done (yellow
ribbons, etc) , a possible party or event of some kind, and,
lastly, financial support for the individual families; that
a party was first considered, but since that time, there
have been a number of parties, and a lot of recognition,
and that part of the "wish list" has been fulfilled; that
he spoke with the General again this date, and he concluded
that the funding for the families would be the most important
support at this time; that there are logistical problems
in transportation, and a party is planned at Twenty-nine
Palms, and perhaps the City could donate its funds towards
that, with any excess to meet the needs of the families;
and that he recommended that avenue be followed.
Council Minutes
3-.20-91 Page 8
12. OPERATION DESERT VICTORY DAY (Continued)
Acting Director of Convention Center stated that the purpose
of the event should be kept in focus, and whichever direction
is taken, it should be to benefit the honorees - the returning
military.
Mr. Arnhym stated that the party was one component, and the
other would be the parade, which is an opportunity to
demonstrate support and gratitude; that a crash payment is
a cold means of saying thank-you; and that if the party is
to be eliminated, the Council should consider the parade.
Councilmember Murawski stated that he felt the funds should
be given to the families, and that thank-yous should be given
on a personal basis, perhaps via a community-wide picnic
following the parade, at which families would be invited
to bring a picnic lunch and to meet with the servicemen.
Councilmember Neel stated that he felt it important to have
the parade, as well as a party-type celebration.
Councilmember Broich stated that the parade should not cost
a lot of money, and the committee should be appointed with
request that it come back with recommendation as to how much
it will cost; and that he also agreed with the importance
of giving the funds to the families, because there is a real
need for it.
Mr. Arnhym stated that he did not see any expenditure necessary
for the parade, other than the need for police help; that
meals will be provided, and the transportation covered.
Resolution 17456, as recommended, was presented; after which,
Broich, seconded by Murawski , and unanimously carried, that
R17456 be adopted; with direction that the committee bring
back a recommendation on the parade, as quickly as possible;
with the intent of trying to accomplish both the parade,
and donations towards the families needs.
Councilmember Hodges also suggested that the committee might
look at fund-raising at the picnic, which could expand the
amount of contribution to the families.
13. CONVENTION CENTER CONSTRUCTION CONTRACT
Recommendation: That the Council award construction contract
for the expansion of the Convention Center to Walsh (139-
Construction, for $5.678 million, and rule the McCormick 004)
Construction bid non-•responsive - A2968.
Purchasing Manager reported that listing of subcontractors
in the bid document is required, in order to prevent bid
shopping after the contract is awarded; that in the last
minute rush of the bid submittal , the McCormick company failed
to list the subcontractor locations, making it a defective
bid, and concurred in by the City Attorney as non-responsive,
and therefore, recommended to be ruled as such by the Council .
Mayor inquired if anyone wished to be heard.
Council Minutes
3-20-91 Page 9
13. CONVENTION CENTER CONSTRUCTION (Continued)
Robert McCormick, McCormick Construction, stated that he
was sorry the City Attorney recommended rejection of the
bid, and understood the importance of the Convention Center
expansion and the need to have it completed in a timely manner;
that he, regretfully, conceded to the City Attorney' s position;
that he was pleased to have been able to participate in the
bid process, and looked forward to the opportunity to bid
on other future projects.
Leonard Vitrone, Walsh Construction, thanked Mr. McCormick
for his concession; that he shared the concern for completing
the project on time, and looked forward to doing so.
Councilmember Hodges also thanked Mr. McCormick for his
appreciation of the situation.
Minute Order 4728, as recommended, was presented; after which,
it was moved by Broich, seconded by Murawski , and unanimously
carried, that MO 4728 be adopted.
14. ORDINANCE FOR SECOND READING & ADOPTION
City Clerk read title of Ord 1376 re Financing Authority (139-
lease (intro 3-12-91 concerning Convention Center refinancing; ) 004)
and
Ord 1377, amending Chapter 11.96 of the Municipal Code, re (103-
RV parking in front yards (intro 3-6-91) 001)
after which, it was moved by Broich, seconded by Neel , and
unanimously carried, that further readings be waived, and
that Ordinances 1376 and 1377 be adopted.
15. AIRPORT TERMINAL EXPANSION - ASBESTOS REMOVAL
(Shown as Item 33 on Consent Agenda)
Recommendation: That the Council award contract to Brickley (051-
Construction Company, Inc. , for asbestos removal (CP90-21); 055)
and approve agreement with Med-Tox Associates, Inc. , for
professional services for monitoring asbestos removal at
the Airport Terminal during construction, for up to $28,000
- A2973 and A2972, respectively.
Director of Aviation reported that at the time the bids were
opened, it was noted that several of the bidders did not
follow the instructions, in that there was no acknowledgment
of the two addendums that were sent out; additionally, that
one of the bidders chose, at that time, to remove their bid
as being non-responsive; that the second low bidder was
notified by telephone that their bid was being looked at
as also non-responsive, because of the lack of the addendum,
and shortly thereafter, an official protest was filed by
the company. He stated that he also spoke with the R.E.
Williams Co. , who was the lowest bidder, that it had also
made the same error and its bid would be considered
non-responsive, and recommended as such to the City Council ;
that the company has also filed a protest, which states that
they were at the pre-bid walk through, the pre-bid meeting,
and that since they were handed the addendums, they felt
that constituted their acknowledgment; that staff does not
feel that is the case, and the addendums needed to have been
acknowledged at the time of bid; and that in addition to
the lack of acknowledged addendum, the Williams Co. also
failed to fill out the bid form properly, in that the bid
form requested a dollar amount, per pound, for disposal
Council Minutes
3-20-91 Page 10
40 1 15. TERMINAL EXPANSION (Continued)
of asbestos, but the bid gave a dollar amount, per pound,
for removal and disposal of asbestos, the difference being
the average price for disposal of asbestos from the other
bidders was about 17t a pound, removal and disposal in this
particular bid was $9.74 a pound which was substantially
different. He stated that although the bid documents form
itself did not have a line provided for the acknowledgment,
three of the contractors figured out how to acknowledge it
by writing on the bid form itself; that the City' s standard
practice, as well as industry standard practice, is that
acknowledgment occurs at time of bid; that: if the lowest
bid is accepted, when it came time for contract signing,
they could say they did not get them, and the City ends up
with a contract that doesn't include the entire scope of
the bid.
City Attorney stated that the fact that there is a unit price
for the asbestos work, and is there is a high likelihood
that the need for asbestos removal will be found in areas
of the buildings that were not previously thought to contain
asbestos, thereby creating the need for additional work which
will trigger the unit price, is the reason that acknowledgment
of the addendum is significant.
Director of Aviation reported that of the two addendums,
one had a major material addition, in that every other page
of the bid document was not printed, due to duplicating errors
not caught at the time of printing, resulting in the omission
of one-half of the scope of work; that the second addendum
had to do with clarifications at the bid meeting regarding
additional removal of asbestos in other areas; and in both
cases, there were changes to the contract and addendums.
Purchasing Manager stated that it consistently been the city' s
past practice to require acknowledgment of the addendum where
there is a material impact, i .e. , in the scope of work; which
is also general practice 'in the construction industry.
Mayor inquired if anyone wished to be heard.
Greg Miller, Sentinel Insulation (second non-responsive low
bidder) stated that the addendum were combined; that the
specifications do not state the time, place, or means for
noting the addendum; that he thought that during his telephone
conversation when he was told why their bid was non-responsive,
because he had stated that the addendum were noted, that
that was sufficient acknowledgment; and that he feels they
have a valid bid.
City Attorney stated that the correspondence from the
contractors, expressing their objection and concern, has
been noted and will be a part of the record; that he spoke
with attorneys representing the Williams Company, and their
concerns are expressed in their letter, and were summarized
by the Director of Aviation; that the Council has the right
under the City' s bid specifications, to waive any irregularity;
that based upon the evidence that: staff presented, and in
terms of overall fairness, he has significant concerns as
to the long-term impact waiving certain conditions, and in
not being consistent in the application of those conditions,
would have in the future; and setting the precedent for future
bidders to ask for the same waivers. He stated that it should
be clear that everyone has been given the opportunity to
state their objections. He stated that it is possible for
the Council to reject all bids, and start over again, however,
that is not recommended because of timing restraints concerning
the project.
Council Minutes
3-20-91 Page 11
15. TERMINAL EXPANSION (Continued)
Director of Aviation reported that starting over would delay
the start of construction on the Terminal Building, which
would delay the opening of the Terminal , and extend into
a second season of disruption at the Terminal ; that in order
to meet the time deadline, it is anticipated that the asbestos
contractor needs to begin work in the next ten days, in order
to stay ahead of the general contractor; that all of the
bids were well below our estimate, and rebidding at this
point, would only slowdown the project.
Resolution 17465, awarding contract to Brickley, denying
protests and requests to waive lack of addendum acknowledgment,
and authorizing Director of Aviation to approve Change Orders,
based on unit price, for asbestos removal , up to $50,000,
subject to subsequent Council ratification; and Minute Order
4729, approving Agreement with Med-Tox, as recommended, were
presented; after which, it was moved by Neel , seconded by
Broich, and unanimously carried, that R17465 and MO 4729
be adopted.
ADDITIONAL LEGISLATIVE ACTION:
CONSENT AGENDA:
16. Res 17457 amending the budget to appropriate $13,200 to cover Or.J•_
cost of water usage at the Equestrian Center per terms of
agreement.
17. Res 17458 amending the budget to appropriate $9,530 to make (061-
safety repairs to 219 S. Palm Canyon (Village Green) . 009)
18. MO 4732 awarding contract to IPS Services Inc for annual (129-
miscellaneous street repairs, CP90-08, for $67,432.50 - A2969. ool)
19. MO 4733 approving addition of Annex B of the Riverside County (123)
Multi-Hazard Functional Plan (identifies all resources available
to the fire mutual aid system - related cost $1,000 for signs).
20. MO 4734 approving purchase of a class "A" motorhome to Cruise (084-
America Motorhome Rental & Sales, for $27,000, to be used as 007)
an emergency command center at the Airport.
21. MO 4735 awarding bid for one-year period for the purchase of (084-
tee shirts, sweatshirts, jackets, caps, and bat bags, to Totally 007)
Palm Springs, on a unit price basis, with options to renew
for two additional one-year periods.
22. MO 4736 awarding bid for purchase trophies, plaques, and (084-
specialty awards for one year period, from One Stop Award Center, 007)
based on unit prices.
23. MO 4737 approving Amendment 1 to the sublease with Charles (117-
Batarseh for the Visitor Information Center at 2781 N. Palm 036)
Canyon, to add 1,190 square feet of unsurfaced storage yard
to the south rear of the existing lease site, to be used for
overflow parking, at no additional rent.
24. MO 4738 awarding bid for purchase of seven various pickup trucks (084-
to GMC Truck Division, for a total of $64,542.23. 007)
25. MO 4739 approving sole source purchase of a Johnson Mathey (052-
De Nox 1250 catalytic converter unit for engine No. 1 at the 001)
Municipal Cogeneration Plant from Coast Sales and Engineering,
for $16,000.
Council Minutes
0.3 3-20-91 Page 12
"T 26. MO 4740 approving sole source purchase of parts and supplies (052-
for the scheduled overhaul of both Caterpillar engines at 001)
Municipal Cogeneration Plant from Johnson Machinery, for up
to $43,000.
27. MO 4741 approving sole source purchase of calibration and testing (052-
services of generator protective relays, and instrumentation 001)
on engines at both Cogeneration Plants.
26. Res 17459 returning enforcement of the Mobilehome Parks Act (112-
to the State of California (fees established by State Law are 001)
insufficient to offset City's cost for enforcement:. )
29. Res 17460 approving Final Tract Map 25964 to divide property ( V
on San Rafael east of Indian Avenue, Section 2, Bayless Elfsten 074)
Housing Group.
30. Res 17461 approving Final Parcel Map 25791 to divide property (119-
on the NE corner of Paseo E1 Mirador and Via Donna, Section 001)
11, Newport Land & Development Corp.
31. Res 17462 and 17463 approving Payroll Warrants & Claims & (086-
009)
Demands.
32. Res 17464 amending the Comprehensive Fee Schedule to establish (114-
$75 RV parking permit fee. 006)
It was moved by Broich, seconded by Hodges, and unanimously
carried, that R17457 through 17464, and NIO 4732 through
4741 be adopted.
33. Not used - see Item 15.
ADDED STARTERS: (Eligibility for consideration determined upon
motion by Broich, seconded by Murawski , and unanimously carried. )
34. SPRING BREAK - K-RAILS
Recommendation: That the Council ratify agreement with Larry (113-
Paul ' s Towing, for emergency installation, moving and removal 001)
of K-rail barriers in the downtown area, for $17,000.
Purchasing Manager highlighted the staff report, noting that
Mr. Paul has insurance requirements already on file with
the City.
Councilmember Murawski stated that he received telephone
calls all day from people complaining about what was happening
downtown; that many serious points have been raised about
the K-Rails; that the Council adopted a variety of actions
to deal with Spring Break, based on the citizen task force
input; that the Council is trying to appease the public and
the voters, and do what is right for the community; that
the Visitors & Promotion director is also concerned about
the negative messages being sent; that the Council is not
opposed to Spring Breakers, nor interested in driving them
away, rather to make the situation palatable and more pleasant
for everyone, including the visitor.
Councilmember Neel stated that it is a new approach and should
be tried; that perhaps the locations will need to be adjusted
during the week, but there have been many hours spent in
developing the recommendations, and the Police Department
expertise should be supported.
Council Minutes
3-20-91 Page 13
34. SPRING BREAK K-RAILS (Continued)
Councilmember Hodges stated that she agreed, and recalled
the many complaints received after Spring Break last year,
and commended the task force for trying to come up with
solutions for the problems; that the Council should
follow-through on what it said it was going to do, standing
firmly behind the recommendations; that the forthcoming weekend
will serve as a good test whether adjustments need to be
made before the Easter Weekend; that perhaps the barricades
could be spray-painted, and welcome signs added, which might
make them less offensive, but to let it be known that respect
for people, laws and property is expected.
Councilmember Broich stated that the City Attorney discussed
his situation with the Fair Political Practices Commission,
and it was determined that he did not have a conflict of
interest; that he feels a very loud and negative signal is
being sent across the nation that the Spring Break visitor
is not wanted; that the barricades will disrupt the entire
City; that the barricades are not easily moved in one day;
and that although he voted to approve temporary street
closures, he was also opposed to the use of the barricades.
Mayor stated that the big emphasis of the Council has been
to get control of the community during the Spring Break;
that most of the community views it as a disruption, an
irritation, and, to some, a dangerous situation; that the
community becomes a victim, rather than being in control ,
and it survives only by grace; that he did not see a
correlation between the Spring Break weekend and tourism;
that anything that is done to correct the situation will
be seen as a drastic move, because requests to the young
people, in the past, "to be nice" have not worked; that the
Police Department was given a mandate by the Council to get
the situation under control ; that the mandate was followed,
and the Department' s direction was brought to the Council
on several occasions; that he did not understand why the
proposal was not clearly understood; that he felt it was
clear that traffic lanes would be blocked, and barricades
would be used; that minimal actions do not result in taking
control ; that regarding the City' s image, and the media,
every news station opens its program with a video of the
"out-of-control" situation on Palm Canyon; that the Spring
Break visitors arrive, raise hell , leave, and present the
City with a $500,000 bill due; and that there is no benefit
derived if there is no risk or sacrifice is involved.
Councilmember Broich stated that the cost was initially to
be $4,500 for the barricades, and now it is $17,000; that
the barricades are unsafe for low-rise vehicle; that 46 calls
were logged at City Hall concerning the situation; that the
situation needs to be controlled, but he did not believe
it required $17,000 worth of concrete to do so; and that
the Police have done a good job.
Councilmember Murawski suggested that perhaps the Council
could adjourn to Tuesday, and review the effect the barricades
had over the weekend; that he felt the message to be sent
out was that the City was turning the event around, and making
it a positive and controllable experience; that the Community
Services & Promotion Department has undertaken a number of
programs, and the VPB has looked at ideas also to turn
something sour into something positive; that perhaps a
"welcome" letter could be handed out through the hotels and
the Visitor Information Center, as to expected behavior,
traffic patterns, and a request for cooperation, which he
felt would send a more positive message, and be less
confrontational than the barricades.
Council Minutes
3-20-91 Page 14
34. SPRING BREAK K-RAILS (Continued)
Councilmember Hodges stated that the letter would be a good
idea, and would send a positive message; that she was concerned
that Tuesday would be too long for staff to wait to receive
direction; and that if staff found that the barricades were
not working, it should take steps immediately that would
be in the best interest of the community, and follow-up with
the Council on Tuesday.
Councilmember Neel agreed, and added that the matter should
be turned over to the Police Department for enforcement,
and to try the recommendation.
Councilmember Broich stated that he did not have a problem
with using the barricades on Palm Canyon at the northerly
end of downtown to Tachevah, but did not favor it south into
downtown; that the blue barrels worked last year; and that
the City is spending a lot of money to put up walls.
City Attorney stated that the contract is a flat amount for
setting up, relocating, and removing the barricades; and
that the Council could take a separate action to give the
staff the ability to to remove them if they, are not working,
and to negotiate any adjustment in the amount.
In answer to question by Council „ Police Chief stated that
the contract provides a 24-hour on-call during the entire
period of the Spring Break; and the contractor will be flexible
in making immediate adjustments in the barricade locations,
as well as removal .
Councilmember Murawski stated that he would like for the
Police Department to observe the situation, and to decide
whatever immediate adjustments need to be made; and asked
that the Council also support the idea of the letter of
welcome.
Mayor stated that he had no problems with 'the letter; other
members agreed; and asked that the staff keep 'the Council
apprised of how the situation progresses.
City Attorney noted that the conflict of interest test is
complicated, but the issue centered around) whether placing
the barricades downtown could have an affect. on Councilmember
Broich's business downtown by $10,000 or more; and that Mr.
Broich stated that it was not reasonably likely that such
would occur; therefore, he had no conflict.
Minute Order 4731, approving emergency contract with Larry
Paul 's Towing, as recommended, was presented; after which,
it was moved by Neel , seconded by Hodges , and carried by
the following vote, that MO 4731 be adopted:
AYES: Hodges, Murawski , Neel & Bono
NO: Broich
ABSENT: None
COMMISSION APPOINTMENTS:
a) Councilmember Broich recommended the appointment of Rev.
Andrew Green to the NPC PAC, and Gary Baker to the
Convention Center Commission.
Mayor asked that this matter be held over, in order to
permit discussion, and opportunity for talking with the
candidates.
Consensus: Matter to be discussed at next study session.
Council Minutes
3-20-91 page 15
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
a) Councilmember Hodges asked that the staff look into (117-
replacing the movable chairs in the Council Chamber, 005)
as they are very low and not proportional to the desks.
b) Councilmember Murawski asked if the Council was going
to hold to a practice of referring any requests for
information about Spring Break to the Public Relations
Manager.
Mayor stated that he did not have a problem with providing
responses; and often members are pressed for answers,
and deferred comments are not possible, recognizing that
the news media may omit whatever it chooses.
PUBLIC reports or requests - None
STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned.
`'JUDITH SUMICH
City Clerk