HomeMy WebLinkAbout1991 - MINUTES - 5/15/1991 , � 1L IIIIYVIL.I
MAY 15, 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, May 15, 1991, at 7:30 p.m.
ROLL CALL: Present: Counciimembers Broich, Hodges, Murawski ,
Neel and Mayor Bono
Absent: None
The meeting was opened with the Flag Salute and an invocation by
Jessica White, Bahai Faith.
REPORT OF POSTING OF AGENDA:
Report of Assistant City Clerk: Agenda posted in accordance
with Council procedures on May 10, 1991; one item added
at the study session, concerning a Visitors Guide.
PRESENTATION OF AWARD:
Res 17511 commending Susan Flint and presenting the Golden (074-
Quill Award. 001)
APPROVAL OF MINUTES:
It was moved by Broich, seconded by Neel , and unanimously
carried, that the Minutes of April 17, 1991 be approved.
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 .
HOUSING AUTHORITY, FINANCING AUTHORITY, IDA: No business
PUBLIC HEARINGS:
1. WASTE DISPOSAL DELINQUENT RESIDENTIAL ACCOUNTS, 1990-91
Recommendation: That the Council approve placing delinquent
residential waste disposal services accounts for the fiscal
year ending 6-30-91, on the tax rolls.
City Manager reviewed the staff report and noted that
the procedure for placing delinquent account on the County
tax rolls requires that, after two publications of notice
for two successive weeks, a public hearing be held regarding
the matter.
Mayor declared the hearing open.
Francis George, Pomona, stated that he has not had his
rental house occupied since November, 1990; that the
property should be exempt from paying the service fee;
and that the charges should be waived.
There being no further appearances, Mayor declared the
hearing closed.
Director of Finance stated that the Ordinance specifies
that if a property is vacant for one year, the fee can
be waived; and a waiver should be applied in this case,
after the first year.
Resolution 17512 as recommended, was presented; after
which, it was moved by Neel , seconded by Murawski , and
unanimously carried, that R17512 be adopted.
PUBLIC HEARINGS:
2. ZTA 5.400 - VENDING CARTS
Recommendation: That the Council amend the Zoning Ordinance
concerning vending carts under land use permits in the
downtown.
Councilmember Broich stated he would abstain due to being
a participant in the cart program.
Director of Community Development reported that the
Ordinance has been approved as an interim urgency in March,
1991; that the Planning Commission recommended the amendment
to allow the vending carts in the Central Business District
under a Land Use Permit; that the Ordinance authorizes
the Director of Community Development to issue the permit;
that staff has been coordinating with Jerry Ogburn, the
downtown design coordinator, to set guidelines for approval (103-•
of the cart design; that concern has been expressed to 04111
maintain the carts at high quality; that the Land Use
Permit can be revoked by the Director of Community
Development; and that the process of revoking the permit
allows for a ten day notice of termination, appeal through
an office hearing, and further appeal to the Planning
Commission.
Mayor declared the hearing open, there being no appearances,
the hearing was closed.
Assistant City Clerk read title of Ordinance as follows:
AN ORDINANCE OF THE CITY OF PAL14 SPRINGS, CALIFORNIA,
AMENDING THE ZONING ORDINANCE IN REGARD TO VENDING CARTS
AND OTHER OUTDOOR USES, IN THE CENTRAL BUSINESS DISTIRICT.
after which, it was moved by Murawski , seconded by Hodges,
and carried by the following vote that further reading
be waived, and that the Ordinance be introduced for first
reading.
AYES: Hodges, Murawski and Bono
NOES: Neel
ABSTAIN: Broich
PUBLIC COMMENTS:
a) George Goldberg, Palm Springs, expressed opinion that
the Spring Break Volunteer party was a disaster; that
the food was in small quantity; and the prices were
outrageous; that firms are using the Palm Springs name
which are not located in Palm Springs; and that he
has lawsuits pending with the City.
b) Equestrian Center:
Gary Olsen, Planning Commission Chairman, stated that
he was representing the Equestrian Center; that the
Mounted Police Search and Rescue team held the 51st (109-
rodeo this ,year; that the rodeo was a success; and 007)
requested that the Council remember that the Equestrian
Center is a part of the history of the City.
Council Mintes
5-15-91, Page 3
PUBLIC COMMENTS: (Cont'd)
Joyce Shecklendorf, resident, stated that since early
February, 1991, meetings have been held to determine
the fate of the Equestrian Center; that since the
inception of the Golf Course, the fate of the Equestrian
Center has not been addressed; that a solution for
relocation cannot be found in just a few months; that
time is needed to find a site; that various areas
were considered; that the Equestrian Center generates
revenue for the City; and requested that the Council
consider an extension, and provide assistance in finding
a suitable relocation site.
Dick Finan, 3194 Cahone Circle, representing the
boarders of the Equestrian Center, stated that the
staff offered some alternatives for the location of
the Equestrian Center, one containing a five-acre
parcel at the corner of E1 Cielo and Mesquite, but
the rodeo event could not be held on that small of
a site; that the boarders have found a group to make
a written offer to the City to maintain the present
property until the Golf Course is under construction;
and she requested that the Council consider the
proposal .
Jean Newton, 501 Avenue Granada, stated that in 1976,
funds were granted by the State to acquire the
Equestrian Center; that the grant specified that the
property could only be used for recreational purposes;
that the City has granted leases with terms for fifty
years, then breaks the lease after one year; that
the Council constantly changes its direction; that
there are constitutional rights involved; and that
efforts have been made to work with staff; that the
group is told one thing, then something else happens.
Doctor ?, 2196 Camino Barona, alleged that some people
in the City have close relationships with staff,
resulting in some properties benefiting srom the sale
of the Equestrian Center land; that there has been
problems trying to talk with staff; and that there
had not been enough notice to allow time for
consideration of relocation.
Susie Campbell , Cathedral City, stated that moving
horses out of Palm Springs is wrong; that the Valley
has many golf courses, but not many Equestrian Centers;
that the present location for the Equestrian Center
is one of harmony with the surrounding homeowners;
that it is understandable that the City needs revenue,
but that the Equestrian Center does produce revenue;
and that the site should remain where it is.
Kathy de Castro, no address given, stated that the
proposed action is too quick and time should be taken
to consider all options; that the existing Center
does not affect the surrounding homeowners; that one
of the proposed sites at the Wastellater Treatment
Plant will affect homeowners; that more research needs
to be done regarding the fiscal impact of the proposed
golf course; that the there are many revenue generating
events that can be produced at the Equestrian Center;
and he requested that the Council delay consideration
of the relocation.
5-15-91, Page 4
LEGISLATIVE ACTION:
3. SUNRISE & TACHEVAH TRAFFIC SIGNAL - RIGHT-OF-WAY' ACQUISITION
Recommendation: That the Council adopt resolution setting
hearing for the consideration of a Resolution of Necessity
to acquire rights-of-way on the NW and on the SW corners (136-
of Sunrise Way and Tachevah Drive, for traffic signal 037)
installation. Director of Community Development highlighted
his report.
Resolution 17513 as recommended, setting hearing for, June
5, 1991, was presented; after which, it was moved by Broich,
seconded by Neel , and unanimously carried, that IR17513
be adopted.
4. "DIMES" LAW ENFORCEMENT COMPUTER SYSTEM CONTRACT
Recommendation: That the Council approve a five-year
agreement with the City of Cathedral City, to provide
access to the Desert Information Management & Enforcement
System, and first year's expenditure of $142,284 for
contract, hardware and maintenance; and amend the budget
for $78,300 thereto. A2992. (061-
009)
Police Chief reviewed the staff report, and added that
other law enforcement agencies in the Valley are using
the Dimes system; that there is a savings using the proposed
system, rather than the system used by Riverside County;
and that the proposed system allows for a computer-assisted
dispatch system for police and fire calls, and computer
terminals in patrol cars can be added.
City Attorney stated that the agreement, if approved,
should be subject to City Attorney approval .
Minute Order 4763 and Resolution 17514, amending the budget
as recommended, were presented; after which, it was moved ( JJ7
by Broich, seconded by Murawski , and unarimously carried, OoG )
that 1,104763 and R17514 be adopted; subject to City Attorney
final approval of the agreement.
5. MOLLY TROLLEY - OUTDOOR MIST SYSTEM
Recommendation: That the Council consider request of
Desert Adventures to have a mist cooling system installed
on one of the Molly Trolley vehicles, and allow
advertisement on the rear of said vehicle.
Director of Aviation stated that negotiations were completed
installing a mist system on one trolley by Mist Masters, (143-
in exchange for a 2' x 2' sign advertising same, on the 002)
vehicle; that the system holds up to one hour's worth
of water for the mist; that there would not be a build
up of water damage to the vehicle interior; and that the
City Attorney could be authorized to complete the final
documents.
City Attorney stated that the mist system could result
in possible liability; that while he has no personal
experience with the system, the concern of liability is
present; that the question of maintenance has not been
resolved; that Council could approve the system on an
interim trial basis; and that time is of the essence,
but that the possible liability to the City needs to be
pursued.
Council Minutes
5-15-91, Page 5
5. MOLLY TROLLEY (Cont'd)
Mayor Bono stated that the contract should include a release
of liability for the City; that the contract presented
was advantageous to the City and he recommended approval .
Councilmember Hodges noted that although the City Attorney
did not approve of the contract in the present form; it
is his responsibility to protect the City; that she did
not like the idea of a "billboard" driving around town;
that the question of maintaining the vehicle needs to
be addressed; that if the contract is not acceptable to
Desert Adventures, then the installation of the Mist Master
System is not needed; and suggested that this matter be
continued for further study by the Attorney.
Mary Dugress, Desert Adventures, stated that the present
contract with the City for the trolleys expires on May
31, 1991; that a private session could be held with the
Council to explain the position of her company; and that
the Trolley is a viable tool for tourism in the City.
Mayor Bono requested that a financial breakdown concerning
the running of the vehicles be given to the Council .
Motion to continue the item, was presented; after which,
it was moved by Broich, seconded by Murawski , and
unanimously carried, that this matter be continued to
May 28. 1991, including a financial breakdown.
6. VISITOR GUIDE
Recommendation: That the Council approve an agreement
with Desert Publications, Inc. , to publish a semiannual
visitors guide - no monetary outlay associated with the
publication; content subject to City review; guide to
be the only advertising-supported visitor guide distributed
at the two city-operated visitor centers.
Item pulled from the agenda.
7. PALM SPRINGS PERFORMING ARTS CENTER - ALTERNATE LOCATION
Recommendation: That the Council endorse an alternate
location and expanded concept for the P.S. Performing
Arts Center, and require a continuance of its reporting
pursuant to the previously approved MOU. This item was
reviewed at the last study session, and no further report
was given.
(124-
Mayor Bono recommended approval of the extension of the 062)
MOU for one year.
Councilmember Murawski stated that the Cultural Center
concept has been endorsed; that the City will retain control
of the property being proposed; and that if Indian-owned
land is being considered, the City has no control over
those lands.
City Attorney stated that the MOU is conceptual ; that
the City can continue to work with the Cultural Center
representatives regarding site; and that the Tribal Council
has the right to supersede a Council decision.
Resolution 17514 as recommended, was presented; after
which, it was moved by Neel , seconded by Broich, and
unanimously carried, that R17514 be adopted.
„1„I,'.A,, II. .,UJ
5-15-91, Page 6
LEGISLATIVE ITEMS:
8. ORDINANCES FOR SECOND READING & ADOPTION (Intro 5-1-91)
Assistant City Clerk read title of the following Ordinances:
Ord. 1382 increasing the compensation of the Mayor and (070-
City Councilmembers; 001)
and
Ord. 1383 concerning powered leaf blowers; (103-
after which, it was moved by Broich, seconded by Hodges, 001)
and unanimously carried, that further reading be waived,
and that Ord 1382 and Ord 1383 be adopted.
ADDITIONAL LEGISLATIVE ITEMS (Satisfied agenda posting requirement)
8A. EQUESTRIAN CENTER RELOCATION
Recommendation: That the Council approve one of three
options regarding the relocation of the Equestrian Center
facilities.
City Manager reviewed the staff report, and recommended
Council approve Option 2, directing staff to take steps
necessary to prepare document to relocate the rodeo (109-
facilities only, from the Las Palmas Equestrian Center 007)
to the most northerly 5 acre portion of the reconfigured
McCallum Preserve, and relocate the Equestrian Center
site north of the Tahquitz Wash before December 1, 1991
for an estimated cost of $265,000; and surplus all non-rodeo
boarding/training structures and equipment from the Las
Palmas Equestrian Center, effective June 15, 1991.
Councilmember Broich stated that the alternative 10-acre
site at the Wastewater Treatment Plant should be considered.
Director of General Operations stated that the land at
the Wastewater Treatment Plant will be needed for future
City Plant expansion; that the area does provide some
acreage for proposed retail sites; that to provide parking
in that area would require grading.
Councilmember Broich asked if the settling ponds could
be packed down to be used for parking.
Director of General Operations stated that the area is
not suitable for compaction; that the proposed Golf Course
is in final design stages; that the work could begin as
early as December, 1991; that in order to facilitate the
work, the Equestrian Center needs to be moved as soon
as possible; that Equestrian V now operates the Center;
that the lease expires June 15, 1991; that a proposal
has been submitted for City consideration for a new
operator; and that various sites have been considered
by staff; that both staff and the Parks and Recreation
Committee would like to have the Center relocated to the
South Palm Canyon area, but the project would take several
years to accomplish; and that the option could be pursued
by whomever is selected to operate the Center, for final
relocation to be by December, 1995.
Council Minutes
5-15-91, Page 7
8A. EQUESTRIAN CENTER RELOCATION (Cont'd)
Councilmember Murawski stated that since the Golf Course
construction is not due to start until December, 1991,
Council could continue consideration; that representatives
of the Equestrian Center could work with staff regarding
the alternative location at the Wastewater Treatment Plant;
that a loan could be arranged to the Equestrian Center
Operators for relocation; and that if a Request for Proposal
for operation of the Center was used, one of the deal
points could be the relocation costs.
City Manager stated that negotiation would start after
the RFP's are received.
Councilmember Hodges stated that creative RFP's should
be creative; that the relocation costs should be included
in the bond issuance; and that the City has always provided
an Equestrian Center.
Councilmember 'Murawski stated that in any type of
negotiations there are deal points; that: those points
are best left to staff and the attorneys; that relocation
could be a part of the RFP process; and that time is needed
to consider all the alternatives.
Councilmember Broich stated that the City needs to move
ahead; that the costs for relocation should be added to
the bond issue; that golf prices could be increased 75¢
to help offset the costs; that the Council should go on
a field trip to examine the proposed areas; and that when
development is brought into the City, public access fees
could be proposed.
Mayor Bono stated that when public access fees are required
of a developer, there must be a direct relationship between
the project and the proposed building.
Resolution 17515, approving Option 3, to include date
change to September, 1991; City to pay for cost of
relocation of Equestrian Center; and staff and Equestrian
members to be included in relocation design process, was
presented; after which, it was moved by Broich, seconded
by Murawski , and unanimously carried, Neel abstaining,
that R17515 be adopted.
8B. VISION PALM SPRINGS PREDEVELOPMENT AGREEMENT ASSIGNMENT
Recommendation: That the Council approve assignment of
the Amended Predevelopment Cooperation Agreement between
the City and Vision Palm Springs Consortium, SENCA Real
Estate Development Company, its managing venturer, to
Palm Mountain Corporation.
City Attorney stated that the proposed assignment allows (133-
SENCA to waive all rights under the predevelopment agreement 005)
and for Palm Mountain Corp. to negotiate those rights;
that the agreement does not address the east side of Palm
Canyon; that the resolution should include further language
excluding the area; that there is some ambiguity in the
assignment that needs to be clarified, and requested Council
authority to negotiate same; that the agreement puts the
City in the position of only dealing with Palm Mountain
Corp. , until June, 1992; and that if the assignment is
approved, Future negotiations within the contract would
be limited.
Council Minutes
5-15-91, Page 8
8B. VISION PALM SPRINGS (Cont'd)
Councilmember Murawski stated that the City has been dealing
with SENCA exclusively for a long period of time with
no termination period.
City Attorney stated that any past agreements with SENCA
did contain termination clauses.
City Manager read letter dated May 15, 1991 to Mr. Bill
P1cWethy regarding the validity of the agreement until
July, 1992.
Resolution 17516 as recommended, subject to the conditions
contained in the assignment agreement between the parties,
including the revision of the Predevelopment Agreement
to exclude the east side of Palm Canyon from the study
area, was presented; after which, it was moved by Murawski ,
seconded by Broich, and unanimously carried, Neel
abstaining, that R17516 be adopted.
CONSENT AGENDA:
9. Res 17517 amending the Comprehensive Fee Schedule to increase (114-
summer promotional pass fee for the Golf Course, from $15 006)
to $20; increase discount card fees by $2; and rescind R17246,
and readopt golf course rates effective October 1, 1991.
10. MO 4764 awarding for two cab and chassis to GPIC Truck Division (084-
of Sante Fe Springs, for $24,690.96. 0017)
11. MO 4765 cancelling agreement No. 2649 with Ticketron (13y_
Corporation, effective Play 15, 1991. 001)
12. HO 4766 approving a one-year agreement with Sylvester Lukis (098-
& Associates to provide Federal legislative services , not 001)
to exceed $24,000, payable monthly, plus preapproved expenses,
effective June 1, 1991 - A2993.
13. Res 17518 approving final development plans for R.D. 212,
for 4 single-family residences on 1. 5 acres on the NE corner 080)
of El Alameda and Sunrise Way, Section 12 - Joseph & Robinson.
14. Res 17519 approving sale of surplus property at 3305 Sunny (117-
Dunes Road, to Michael A. and Bernadette M. Ligman. 025)
15. MO 4767 ratifying Change Order 1 to A2973., with Brickley (051-
Construction Company, Inc. , for an increase of $42,206, for 055)
increased asbestos removal .
16. MO 4768 approving agreement with Professional Service
Industries, Inc. , for materials testing and special inspection (051-
of certain construction procedures in conjunction with the 055)
Airport Terminal expansion, and an initial allocation of
$45,000, A2994.
UUulluI1 IIIIIUutb
5-15-91 Page 9
CONSENT AGENDA (Cont'd)
17. MO 4769 approving Change Order 1 to A2972 with Med-Tox (051-
Associates, Inc. , for monitoring asbestos removal at the Airport 055)
Terminal , for 10 additional days, an increase of $8,885.
18. MO ----- approving Change Order 1 to A2830 with NUS Corporation, (051-
for security design documents included in bid package for 055)
Phase lA Airport Terminal Expansion, for an increase of
$56,227. 11.
*Cont to 6/5/91.
19. NO 4770 consenting to assignment of CATV Franchise Agreement (089-
2792 from Palmer Cable Vision to Palmer Cable Associates. 005)
20. Res 17520 transferring $103,692 from General Fund to (061-
Redevelopment Fund 818 (companion action to above CRA Item 009)
A).
21. Res 17521, 17522 approving Payroll Warrants, and Claims & (086-
Demands. 009)
22. Motion concurring in CRA actions 780 - 783.
ADDED STARTERS:
It was moved that the following Items be determined leigible
for coniseration and added to the agenda by Broich, seconded
by Murawski , and unanimously carried.
23. SWIM CENTER
Recommendation: That the Council approve Change Order 1 to
contract with Allred & Kyser Construction Company for $9,887,
for additional modifications at the Swim Center.
Director of Community Services and Promotions stated that (115-
the Change Order offsets additional costs not originally 004)
anticipated; that severe rusting was present in the drains;
that the engineer and contractor recommend changing the color
of the concrete, and recommend the additional proposed work.
COnncilmember Murawski stated that the number of change orders
that come to the Council are alarming, and questioned the
liability of those costs; that staff needs to anticipate
problems that could happen, and allow for those additional
costs; that a precedence has been set with change orders that
needs to be stopped.
Minute Order 4771 approving CO#1 to contract with Allred &
Kyser for $9,887, was presented; after which, it was moved
by Broich, seconded by Murawski , and unanimously carried,
that M04771 be adopted.
24. CANYON HOTEL REDEVELOPMENT PROJECT AREA:
Resolution 17523 setting public hearing for June 19, 1991,
regarding the Canyon Hotel Redevelopment Project Area was (133-
presented; after which, it was moved by Broich, seconded by 006)
Murawski , and unanimously carried, that R17523 be adopted.
COMMISSION APPOINTMENTS:
a) Council liaison, or other representations None
REPORTS & REQUESTS:
23. FRANCHISE REPORT - Received & Ordered Filed
(089-
a) Warner Cable - March, 1991, $111,737.41 003)
Council Minutes
S-15-91, Page 10
CITY COUNCIL reports or requests-None
PUBLIC reports or requests.-None
STAFF reports or requests-None
ADJOURNMENT
There being no further business, Mayor decllared the meeting
adjourned to May 28, 1991, 3:30 p.m. :. in the Large
Conference Room, City Hall .
JUDITH SUMICH
City Clerk
By: PATRICIA A. SANDERS
Assistant City Clerk