HomeMy WebLinkAbout1991 - MINUTES - 10/16/1991 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
OCTOBER 16, 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, October 16, 1991,
at 7:30 p.m.
ROLL CALL: Present: Councilmembers Broich, Hodges, Murawksi ,
Neel and Mayor Bono
Absent: None
The meeting was opened with the Flag Salute and an invocation by
Rev John Griffin, United Methodist Church of Palm Springs.
REPORT ON POSTING OF AGENDA:
Report of Assistant City Clerk: Agenda posted in accordance
with Council procedures on October 11, 1991.
PRESENTATION:
Red Ribbon Week - DARE:
The following persons presented Members of the City Council
with Red Ribbons honoring Dare; Jammiel Yarborough, Dawn (074-
Parr, A. J. Layso, Gary Colletti , Maria Felix, Sabrina 001)
Guzman, Renee Ruiz.
MARTIN LUTHER KING JR. FEDERAL HOLIDAY COMMISSION
City Manager reviewed staff report, and added that $2,000
has been allocated for expenses; and that should Council
desire, additional funds could be committed.
Commissioner Edward Joseph highlighted his trip' to the
Martin Luther King Jr. Youth Assembly; that James Crawford,
had accompanied him on the trip; that an invitation had
been extended by Mrs. King for his participation in the
National Commission, representing the City of Palm Springs;
that the youth of today are the Country's future; that
facilities and equipment will not supply what the youth
need, but rather a personal commitment that goes beyond
the forming of committees; that the youth should be invited
to participate in activities, i .e. Study Sessions, City (060-
Council Meetings, and that the National Commission 07 )
recognizes and thanks the City of Palm Springs for its
support and involvement.
Mayor Bono congratulated efforts on behalf of the City;
and stated that there is a recognizable need to be more
involved with the youth; that having representation on
this Commission will be a bonus to the City; that in the
past, the Mayor has proclaimed Martin Luther King Jr.
day as a holiday for the City; that it is the Council 's
desire to have the holiday added permanently to the City;
and directed staff to report back to the Council concerning
the matter.
Commissioner Joseph stated that City of Palm Springs is
one in which its citizens could be proud.
Council Minutes
10-16-91, Page 2
MARTIN LUTHER KING JR FEDERAL HOLIDAY COMMISSION (Cont'd)
Councilmember Hodges requested staff find additional funds
for expenses for Mr. Joseph relative to the National
Commission meetings; that $10,000 was set aside for the
gang task force, and there should be money available in
that fund; and that although the budget is tight at this
time, additional money can be found.
Resolution 17664 encouraging the appointment of Mr. Joseph
to the Martin Luther King Jr Federal Holiday Commission's
National Law Enforcement Involvement Committee, was
presented; after which, it was moved by Broich, seconded
by Murawski , and unanimously carried, that R17664 be
adopted.
RECONVENE AS THE CITY COUNCIL
APPROVAL OF MINUTES:
It was moved by Broich, seconded by Neel , and unanimously
carried, that the Combined Minutes of October 2, 1991
be approved.
PUBLIC HEARINGS:
1. DBID, 1991-92 ASSESSMENT LEVY
On October 2, 1991, the Council declared intent to levy
the assessments for the DBID for the 1991-92 fiscal year,
and set this as time for hearing.
Councilmember Broich questioned whether his abstaining
was necessary due to the selling of his business in the
district.
City Attorney stated that this meeting was just for the
hearing process; that Council would not be making any
decisions at this time; that the conflict of interest
laws would be investigated regarding Councilmember Broiich' s
request; that last year, the Council indicated that if
someone spoke during the first hearing, they should not
speak at the second hearing; that the Council is not bound (133-
by the results of the protests if it is less than 50%; 004)
and that Council could close the hearing at this meeting,
but continue the item to the next Council meeting for
results of the protest.
Mayor Bono stated that the Council has to ratify the
results, but if the protests fail to reach the required
51%, the Council could still disband the district.
Mayor declared the hearing open.
Ric Service, Las Casuelas Restaurant, stated that the
DBID should be supported; that the downtown businesses
needed to do more to promote themselves ; that the DBID
is just a part of what is needed; that if all the businesses
in the district would pay their assessments, the district
could do more to promote the downtown area; that the
volunteers put thousands of hours in; and that: all the
businesses need to cooperate.
Council Minutes
10-16-91, Page 3
1. DBID, 1991-92 ASSESSMENT LEVY (Cont'd)
Steve Rosen, 100 North Palm Canyon, Beachcomber, presented
a flyer of the past achievements of the DBID, and added
that with the present economy the downtown businesses
needed all the help they can get; and that if all efforts
are combined, the Assessment District would be a success.
Don Johnson, 801 E. Tahquitz, requested support for the
Assessment District.
Joan Gattuso, 119 S. Indian Avenue, stated that the Council
should observe the names that are protesting the DBID;
that the tax was levied on the business owners in the
summer of 1989; that a court case is pending regarding
the legality of the assessment district; that the Council
should remember that they are elected officials; that
the downtown area has many vacant stores; that there are
592 current business owners in the district; that the
notice to protest is only two weeks; that a recession
is here, and money is tight; that the tax is not based
equally; that some businesses can not protest, i .e. Monte
Vista Hotel ; that everyone wants a downtown plan, but
that the unjust schedule needs to be changed; and requested
that the hearing be continued to November 6, 1991, to
allow for the November 1, 1991 court hearing results.
Esther Youngerman, 448 S. Indian, stated that none of
the Councilmembers have businesses in the downtown area;
that Mayor Bono sold his restaurant to run for Senate;
that Councilmember Broich sold his business to run to
Mayor; that Councilmember Murawski sold his hotel ; that
Councilmember Neel sold his business to retire; and that
Councilmember Hodges works for a business not located
in the City of Palm Springs; that the flyer of achievements
put out by the DBID is bogus; and that other Cities use
resources within their own communities to promote the
business areas, rather than taxes.
The following persons spoke in opposition, and concurred
with the previous speakers.
Regina Patrolla, no address given
Patrick Duff, 302 W. Arenas
Jack Solonger, 437 North Palm Canyon
Pauline Smith, 278 North Palm Canyon
Esther Baker, Andreas Plaza
Gladys ?, 204 North Indian Avenue
Ralph ?, 300 E1 Camino
Linda Cooper Lee, 1102 E1 Escudero
There being no further appearances, Mayor declared the
hearing closed.
e�
Council Minutes
10-16-91, Page 4
1. DBID, 1991-92 ASSESSMENT LEVY (cont'd)
Councilmember Murawski stated that the process is difficult
to understand, but the City Council is obligated to perform
certain duties by law; that the situation is bad downtown;
that he personally' does not like everything the DBID does,
but the downtown businesses have to work together; and
that he would not support City money ever going to the
downtown area again, if the merchants do not pass the
Assessment District.
Mayor Bono stated that he concurred withi the majority
of the speakers; that the Council wants the downtown to
happen; that everyone needs to get together; that after
three years of trying to implement the District, it is
still disjointed; that things seem to be going the wrong
way; that the Council is responsible to seek growth for
the community; that the downtown merchants are responsible
to keep the enterprise; that there is fractionalizing;
that the Council works hard in one direction, only to
have someone who does not like it then sue the City; that
each time a project is stopped, it is hard to get the
momentum restarted; that the DBID is not working; that
the downtown programs are not working; that more T-shirts
shops are not needed; that a general plan needs to be
implemented; that the DBID list of achievements have failed;
that he will hold a press conference regarding the raceway;
that the citizens attitude is not one of support; that
if everyone does not start to agree, growth will not; be
experienced; that there has to be an attitude to change,
for change to happen; that Palm Springs is at a threshold;
that wrong choices will bury the City, but that the right
choice will place the City on the leading edge; and that
he opposes the DBID.
It was moved by (lodges, seconded by Bono, and unanimously
carried, Broich abstaining, that the iteim be continued
to November 6, 1991.
2. TTM 26871 - NICHOLS
Recommendation: That the Council approve Tentative tract
Map 26871, for an 11-lot, single-family resideritial
subdivision on the north side of Paseo E1 Mirador at Paseo
de Anza, Steve Nichols, R-1-AH, Sec. 11.
Director of Planning & Zoning reviewed the staff report;
and added that the Planning Commission approved the project;
that a traffic light was deleted from the plans; that (137-
the traffic counts do not warrant a signal at that local ion; 081)
and that the Planning Commission will review the street
lighting policy in the next few months.
Mayor declared the hearing open.
Council Minutes
10-16-91, Page 5
2. TTM 26871 - NICHOLS (Cont'd)
Councilmember Broich stated a request had been received
to continue the hearing.
City Attorney stated that the Council did not have to
take all testimony at this time, and could continue the
hearing to the next meeting.
Steve Nichols stated that he did not ask for a continuance;
that there is no basis for the continuance; that the plans
have been approved by the Planning Commission; that Mr.
Ealy's client is requesting additional land for the easement
from adjacent property owners, not from the Tract being
proposed; that the 30-ft easement is approved by all
concerned parties; and that this development should not
be held up due to negotiations that he is not a party
to.
City Attorney stated that the adjacent property owner
had requested a continuance.
Curt Ealy, Best, Best, and Krieger, 600 E Tahquitz, stated
that his client expressed concern relating to the project,
that a solution is in progress; that meetings are scheduled
with other property owners adjacent to the subject property;
that the problem is one of a 30-ft ingress/egress to his
client's property; and he requested that the Council
consider a continuance to allow the problem to be addressed.
Mayor declared the hearing open.
Councilmember Hodges stated that perhaps it would be
appropriate for Mr. Nichols to attend the meetings which
have been set up between Mr. Ealy and the other property
owners.
Mr. Nichols stated that he would not have anything to
add to those meetings; that the proposed map, contains
a 30-ft. easement, that the provision is in the map; that
Mr. Ealy's issue does not have any bearing on his project;
that his project has gone through all the required steps,
and is recommended for approval .
Councilmember Neel stated that the Tract is a good project;
but a 30-ft easement is not much more than a driveway,
and could present problems for emergency equipment gaining
entrance to the property.
It was moved by Neel , seconded by Broich, and carried
by the following vote, that the item be continued to
November 6, 1991.
AYES: Broich, Neel and Bono
NOES: Hodges and Murawski
ABSENT: None
Council Minutes
10-16-91, Page 6
3. TPM 26948 - MARRIOTT BRIGHTON GARDENS
Recommendation: That the Council approve Tentative Parcel
Map 26948 to combine nine lots into one parcel at 200
S. Sunrise Way, R--2, Sec. 13
Director of Planning & Zoning reviewed the staff report
and added that parking was of concerns to the Planning
Commission; that conditions have been added to address
those concerns; and that Olivo was vacated prior to the
subject project.
Mayor declared the hearing open.
Cheryl Bloodworth, Director of Development. for Marriott,
3130 S. Harbor, #400, Long Beach, stated that Marriott (119-
has two assisted living facility projects in California, 001)
of which this is one; that the facility will provide meals,
transportation, and a variety of services; that rooms
are rented on a month-to-month basis; that 30 to 134 beds
will be licensed as nursing beds; that there are no cooking
facilities in the rooms; that there wil-I be full-time
social directors on the staff; that the lush landscaping
and architectural design of the building is a credit; to
the City; and she requested approval of the project.
There being no further appearances, Mayor declared the
hearing closed.
Resolution 17665 as recommended was presented, after which;
it was moved by Broich, seconded by Neel , and unanimously
carried, that R17665 be adopted.
4. TPM 27172 - GREG SHOW
Recommendation: That the Council approve Tentative Parcel
flap 27172 to divide property at 999 Crossley Road into
two parcels, W-M- 1, Sec. 20.
Director of Planning & Zoning reviewed the staff report,
and no further report was given.
(119-
Mayor declared the hearing open; there being no appearances, 001)
the hearing was closed.
Resolution 17667 as recommended was presented, after which;
it was moved by Broich, seconded by Neel , and unanimously
carried, that R17667 be adopted.
5. PD 200 - VACATION INTERNATIONALE
On October 2, 1991, the Council continued hearing on planned
development district to convert 114 condominium units
to time-share units at the Oasis Water Resort Villa Hotel ,
4190 E. Palm Canyon Drive, RGA(8) , Sec 30. (116-
067)
City Manager requested that the item be continued to
November 6, 1991.
Mayor declared the hearing open.
It was droved by Neel , seconded by Hodges, and unanimously
carried, that the hearing be continued to November 6,
1991.
4
Council Minutes
10-16-91, Page 7
PUBLIC COMMENTS:
a) Mr. Burgess, no address given, stated that regarding
item 13, the appeal is concerning the use of red in
an identification sign; that it is surprising that (131-
any growth occurs in the City of Palm Springs, because 001)
of all the red tape; that there are various locations
throughout the City that does use red; and that he
requests approval of the appeal .
b) George Goldberg, P.O. Box 2496, stated that although
the Mayor had won the election by a vote of the
populace, he would not succeed in a re-election; that
he reviewed the book written by the Mayor, and has
reviews available for those interested; and that the
minutes of a previous meeting had comments regarding
his ejection of a City Council meeting, and he felt
some of the comments were unwarranted.
c) Frankie Brown, 670 Calle Palo Ferro, stated that he
has participated in the VillageFest since its inception;
that due to a family emergency, he was unable to
participate for the last three weeks; and his permit
was cancelled; that he would like to retrieve space
at the event; that he feels he offers something for,
everyone; and is doubtful that vendors are standing
in line for the permits; and that he requested Council
assistance in regaining his permit.
d) Tony Aguilar, 1758 Mark Leslie, stated that he is
concerned with the lack of respect in this country
for elected officials and critizied Mr. Goldberg for
losing control at previous meetings; and he felt the
citizens owe respect to the office of Councilmember
or Mayor, regardless of personal opinion.
e) Dee Dee Stone, 142 Eastlake, stated that the sidewalks
located on South Palm Canyon, near Boo Bears Restaurant
need to be widened; that there are no sidewalks on
Highway III near Escoba; and that she would encourage
wider and more sidewalks throughout the City.
LEGISLATIVE ACTION:
6. CORPORATION YARD HAZARDOUS MATERIALS REMOVAL
Recommendation: That the Council authorize staff to enter
agreement with Omega Recovery Services for emergency removal
and disposal of hazardous materials at the City Yard,
for $34,458, including a 10% contingency; and amend the
budget to appropriate necessary funds. (Agreement form
subject to City Attorney approval )
City Manager reviewed the staff report. (117-
Councilmember Hodges stated that the fire at the Corporation 008)
Yard occurred in May of 1990, and staff had knowledge
of the requirement for clean-up, and the costs should
have been a part of the budget process; that one bid for
clean-up is dated October, 1990, and there is no reason
for the delay for Council consi�:9e:��atioueg ih�.� ��'r.�. A-M"
should not be taken from the General Fund Reserves; and
that the department should absorb the costs.
City Manager stated that a delay in the action could cause
fines to be imposed on the City; that Council could approve
the contracts, but not the allocation of the money; that
staff will prepare a report regarding the delay, and the
processes involved; and that Council should consider the
impact if the item is continued.
ijjU
Council Minutes
10-16-91, Page 8
6. HAZARDOUS MATERIALS REMOVAL (Cont'd)
Councilmember Broich stated that the City Manager does
not have the answers to all of the actions that occurred
before he was hired; and that staff should prepare a report
indicating the delay of action.
Councilmember Murawski stated that authorization could
be given for the work to be done, and the funding acted
on at a later date.
Minute Order 4870 authorizing agreement, and Resolution
amending the budget was presented, after which; it was
moved by Broich, seconded by Neel , and unanimously carried,
that M04870 be adopted; and that the Resolution amending
the budget be continued.
7. GOLF COURSE EXPANSION - ENGINEERING CONTRACT AMENDMENT
On October 2, 1991, the Council continued consideration
of amendment to contract with John Tettemer & Associates,
Ltd. , to amend compensation and Exhibit 13 of Agreement
2936, for an increase of $20,000. (092-
City Manager requested the item be withdrawn from 010)
consideration.
Motion to withdraw the item was presented, after which;
it was moved by Broich, seconded by Murawski , and
unanimously carried, that item be withdrawn.
8. AIRPORT - PRECONSTRUCTION SERVICES
Recommendation: That the Council authorize staff to enter
a professional services contract with Turner Construction
Company, for preconstruction services for the second phase
of the Terminal Expansion. (Agreement subject to City
Attorney final form)
Director of Aviation reviewed the bid process; and added
that the process for Phase II will need a construction
administrator; that the process will save $500,000; and
does not preclude using the bid process; that the work
will begin immediately; that the plans used for expansion
are the full set, scaled down to a modified level ; that
the work now being proposed will be needed whether the
full or modified expansion is done; and that timing is (051-
critical . 055)
Councilmember Hodges stated that comments received from
Mayors in other cities, indicates that participation in
the cost of Airport expansion would only be considered
if that city had some control over the operations of the
Airport; that situations have changed since then and
negotiations should be started again; that It would behoove
the City to wait two months before deciding this issue;
that negotiation with the other cities will take some
time, but could financially impact which portion of Phase
II is implemented, that if the architects start with one
set of plans, and finances are found for the larger scale,
money and time will be lost; that it will be iifip �siRy;e
to find $13 million in two weeks; and that by waiting
two month, the financial situation would be clearer.
Council Minutes
10-16-91, Page 9
8. AIRPORT - PRECONSTRUCTION SERVICES (Cont'd)
Mayor Bono stated that at a Valley Mayor's Dinner, other
cities suggested that Palm Springs request financial
assistance from the airlines, and not from the other cities
in the Coachella Valley; that the airlines denied additional
funding; that if the modified version of the expansion
is implemented now, and additional allocations are found,
the project could be shifted to include the larger scale
plans, and the time and money invested now would not be
lost; that the architects would have to go through the
same initial stages; and that due 'to time constraints,
the proposed recommendation should be approved.
Councilmember Murawski stated that previous recommendations
from the Airport have always been in the right direction;
that the Council needs to proceed; and that other Cities
in the Coachella Valley should be approached for funding.
Minute Order 4871 as revised, in an amount not to exceed
$24,000, was presented, after which; it was moved by
Murawski , seconded by Broich, and carried by the following
vote that M04871 be adopted.
AYES Broich, Murawski , Neel and Bono
NO Hodges
ABSENT: None
9. COUNTY CUP 3151 - AUTO/TRUCK/CONVENIENCE MART
Recommendation: That the Council recommend denial to
the appropriate County entity of the request by Pilot
Oil Corp/Ten Indian Partnership to allow construction
of an auto/truck/convenience mart and restaurant south
of I-10, west of Indian Avenue.
Director of Planning & Zoning reviewed the staff report, (123-
and added that the Planning Commission recommended that
the application be denied, or that an Environmental Impact doll )
Report be prepared in conjunction with the approval .
Resolution 17666 recommending denial was presented, after
which; it was moved by Murawski , seconded by Neel , and
unanimously carried, that R17666 be adopted.
10. RECISSION AND SETTLEMENT AGREEMENTS
Recommendation: That the Council approve rescission and
settlement agreements with Indian Wells, La Quinta and
Palm Desert, concerning previous settlement agreements
entered into in 1989 and 1990 - Agr 224, 2829, 2775) 296, 3059.
City Manager reviewed the staff report, and no further
report was given. (051-
Minute Orders 4872, 4873, 4874 as recommended were 010)
presented, after which; it was moved by Broich, seconded
by Murawski , and unanimously carried, M04872, 4873, 4874
be adopted.
Council Minutes
10-16-91 Page 10
11. DOWNTOWN VISION PLAN - PALM MOUNTAIN RESORT
Recommendation: That the Council authorize payment of
$30,000 to Palm Mountain Resort for City's share of the
assignment of the SENCA predevelopment agreement for the
Downtown Vision Plan.
City Manager reviewed the staff report, and no further (133-
report was given. 005)
Minute Order 4875 as recommended was presented, after
which; it was moved by Broich, seconded by Murawski , and
unanimously carried, Neel abstain, that M04875 be adopted.
12. MUNICIPAL CODE AMENDMENT - PROHIBITING ALCOHOL IN CITY PARKS
Recommendation: That the Council amend the Municipal
Code to prohibit the possession and/or consumption of
alcohol in city parks and establish a permit process
allowing such at special events.
City Manager reviewed the staff report, and no further
report was given.
Councilmember Hodges stated that the proposed ordinance (103-
was a positive step. 001)
Assistant City Clerk read title of Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADDING SUBSECTIONS 25 AND 26 TO THE PALM SPRINGS MUNICIPAL
CODE 11.44.060 TO ESTABLISH LEGISLATION FOR ALCOHOL
IN CITY PARKS.
after which; it was moved by Broich, seconded by Neel ,
and unanimously carried, that further reading be waived,
and the Ordinance be introduced for first reading.
ADDITIONAL LEGISLATIVE ITEMS:
13A. BURGESS SIGN APPEAL
Per Council policy resolution, tie vote on appeal requires
matter automatically be placed on next agenda of full
Council .
City Manager stated that the appeal was based on the usage
of red in a sign; and that the Planning Commission did
recommended the color rust be substituted for the red.
City Attorney stated that the public hearing was closed,
and the prior information should be reviewed for the benefit
of the Mayor; and that the Mayor would vote after staff (131-
review. 001)
Planning Director stated that the Planning Commission
policy is to deny the use of red in identification signs;
that the alternate use of rust is generally acceptable
to developers; that there is a new Planning Commission;
that the direction is not one of urban colors; and that
there have been projects approved with red as an accent
color, i .e. , the gas sta.;io:n on the corner v riaf
Gene Autry.
Council Minutes
10-16-91, Page 11
13. BURGESS SIGN APPEAL (Cont'd)
Councilmember Hodges stated that there is no provision
in the Zoning Ordinance concerning the usage of red and
that colors are not restricted in any way; that it seems
the City does whatever possible to discourage building;
that the gas station on the corner of Ramon Road and Gene
Autry Trail has red all over the building; that Staples
Business Store's identification sign, located downtown,
is not what she felt was approved by the Council .
Councilmember Murawski stated that if the Council allows
red on this appeal , it should be allowed for all signage;
that the matter could be returned to the Planning Commission
for restudy; that when he applied for a hotel sign, he
was told that one could not use red; that whatever direction
the Council desires, it needs to be consistent; that the
Sign Ordinance needs to be reviewed; that in the past,
when an appeal was before the Council , he thought that
the usage of red was illegal ; that the Planning Commission
needs to set up a program concerning the use of colors;
that the Council has to stop making exceptions to all
the rules; and that at the last vote concerning this item,
his understanding was that red was against the Zoning
Ordinance.
Councilmember Broich stated that the Staple's identification
sign needs to be reviewed; that the subject case is for
a sign in an industrial area; that he found it unbelievable
that the appeal would be denied; that the approval of
colors is strictly a matter of taste of the Planning
Commission; that there is no basis for denial of the appeal ;
that he felt it discriminatory to tell a business person
that red is not allowed; and that he Favors allowing the
sign as requested.
Mayor Bono stated that the Staples store sign turned out
to be a very red sign; and it should be reconsidered;
that allowance of red is more an unwritten practice than
law; that the policy was established over a. long period
of years; that certain restrictions need to be created
which can consistently be followed; that if a Councilmember
votes under a false impression, they should be allowed
to re-vote; that the approval of red signs in town is
not creating a desirable image; and that a developer is
given the alternative of rust; and that the rust colored
signage is no less effective than red.
City Attorney stated that under the Council ' s Rules of
Procedures, whenever a vote is tied, and a full Council
is not present, the matter is continued to the next meeting
at which there is full attendance; that should the Mayor
not vote, the matter could be re-opened by a member who
originally voted in favor.
Mayor cast his vote in opposition to the original motion
the appeal was therefore denied.
City Attorney stated that Council could direct the Planning
Commission to create standards for colors.
Planning Director stated that to try to codify colors
is difficult; and each application needs an independent
review; that the practices of the Planning Commission
are not always written, but rather staff acts on positions
taken by the Commission as precedent for future action;
and that Council may wish to provide direction to be
implemented.
Council Minutes
10-16-91, Page 12
13. BURGESS SIGN APPEAL (Cont'd)
Councilmember Hodges stated that this situation is similar
to the Marie Callender' s Restaurant sign; than the applicant
should riot have to go through this process ; and that the
item should be reconsidered.
It was moved by Murawski , seconded by Broich, and carried
by the following vote that the appeal be reconsidered:
AYES: Broich, Hodges and Murawski
NO : Bono and Neel
ABSENT: None
It was moved by Broich, seconded by Hodges, and carried
by the following vote that the Planning Commission decision
be overruled and the appeal granted as presented on plans.
AYES: Broich, Hodges and Murawski
NO . Bono and Neel
ABSENT: None
Steve Grasha, no address given, stated that as a point
of order the appeal should not have been discussed; that
the public was not allowed to give input ; that red is
not attractive, nor does it lend itself to quality
environment; that it would be unfair to everyone in the
past who applied for red signs and were denied them„ to
now allow this appeal ; and that once precedence is set,
it becomes an unwritten law.
Mr. Burgess, stated his opinion that the City is second
rate in the desert because of the confusion and hoops
that business persons are put through; that his land was
purchased in 1989, and it has taken this long to try to
get the project completed; that in reference to the
redevelopment issues, businesses should take pride in
their buildings, and not ask the City for financial
assistance; that the hearing process, in his opinion is,
a harassment; that the Council should atl:end a Planning
Commission hearing; and that it is rumored that if a
developer hires a Palm Springs architect, the project
is approved, otherwise revisions are needed.
CONSENT AGENDA:
14. Res 17668 approving an Encroachment License Agreement with (136-
David Blum for construction of a 28-foot eni:ry tower which t' �)
encroaches into the right-of-way on the east side South Palm
Canyon Drive, north of Ramon Road - A3039.
15. MO 4876 approving architectural services agreement with Thomas
A. Garner, AIA, for $23,000 covering the Airport theme (051-
restaurant and trash compactor - A3040. 0 1-
15)
16. Res 17669 setting hearing on adoption of resolution of necessity
to acquire certain property along the south side of Ramon
Road, between Desert Way and Calle Santa Cruz, needed for (056-
improvements in Assessment District 157 - streets, etc. in 011)
the Veterans Tract area, south of Ramon., for November 70,
1991.
Council Minutes
10-16-91, Page 13
CONSENT AGENDA (Cont'd)
17. Res 17670 approving preliminary Engineer's Report and declaring (056-
intent to order improvements in Assessment District No. 157, O11)
and set hearing for November 20, 1991.
18. MO 4886 approving Work Authorization 10 with Gensler Associates (051-
architects for the Airport Terminal Expansion, for $859,000
for redesign services related to the development of a smaller 055)
Phase II, and services related to bidding and construction
administration. (SEPARATE)
19.1 Res 17671 and 17672 temporarily closing certain streets, and
temporarily suspending regulatory ordinances, respectively, (050-
associated with the 1991 Palm Springs Road Race venues. 016)
20. Res 17673 approving a summary street vacation for a portion
of excess right-of-way located on the west side of North Palm (145-
Canyon Drive, between Tahqui'tz Canyon and Andreas (Desert 001)
Fashion Plaza).
21, Res 17674 amending the Comprehensive Fee Schedule to approve
increases in the Crime and Accident Report fee from $11 to (114-
$15. 006)
22. MO 4877 approving amended Exhibit A to A3000 with Desert
Adventures, Inc. , to include reimbursement to the City for
additional public hours at the McCallum Adobe Historical Society (143-
Museum, in order to allow the museum to be included in all 002)
tours.
23. MO 4878 approving revised agreement with CalTrans for (090-
reimbursement of street sweeping and roadside maintenance 001)
costs on new route Highway 111.
24. MO 4887 approving standard form subrecipient agreement with
the Housing Authority of the County for $38,000 1991-92 CDBG (085-
funds for fair housing services - A3041. 001)
25. MO 4879 approving assignment of Sinatra/Schwartz Airport lease (051-
A686, to Robert J. Pond, effective October 16, 1991. 037)
26. MO 4880 approving Amendment No. 2 to Airport lease agreement (051-
No. 1728 with Carole Schutz, establishing a payment program 025)
for past-due rent for hangar/maintenance facility,
27. MO 4881 approving assignment of contract for procurement of
dual air conditioning units currently held by Southern
California Air Conditioning Distributors, for $84,085.95 to ��5)
Mark A. Temple Construction, Inc.
28. MO 4882 awarding landscape maintenance of various parkways
and the WWTP to Environmental Care, Inc. , at $4,952.52 per (109-
month, for one year, with option for two additional one year 003)
periods.
29. MO 4883 awarding purchase of 3 Police motorcycles to House (084-
of Honda-Kawaski , for $23,422.70. 008)
30. MO 4884 awarding purchase of a backhoe/loader to Torrence's (084-
Farm Implements, or $29,059. 10. 008)
31. Res 17675 approving pass-through agreements with DWA for CBD (124)
(PAO , Tahquitz (PA2) , and Canyon (PAID); and for Canyon (PAID)
with six other taxing agencies (see resolution) all as
previously approved by the Redevelopment Agency on September
4.
0
Council Minutes
10-16-91, Page 14
CONSENT AGENDA (Cont'd)
32. MO 4885 approving settlement agreement with certain members
of the Silberman family and others, and authorizing acceptance ( 117-
and recordation of the quitclaim deed, resolving a property 025)
description and ownership issue on Alejo Road at Indian Avenue.
A3042.
33. Res 17676 approving Claims & Demands. (086)
34. Motion concurring in CRA Res 794 - 825. (124)
Resolutions 17668 through 17676 and Minute Orders 4876
through 4885 were presented, after which; it was moved
by Broich, seconded by Neel , and unanimously carried,
Hodges abstaining on Resolution 17676 , that R17668 through
17676 , M04876 through 4885 and motion of concurrance (Item
34) be adopted.
This item (18) was separated from the Consent Agenda and handled
as a separate item.
18. GENSLER ASSOCIATES WORK AUTHORIZATION 10
Recommendation: That the Council approve Work Authorization
10 with Gensler Associates/Architects for $859,000 for
redesign services related to the development of a smallier
Phase II of the Terminal Expansion, and For services related
to bidding and construction administration.
Director of Aviation stated that the orignal architectural
services contract with Gensler was for design and
construction services for an eleven gate facility; that
Council divided the expansion into a two-phase plan; that
with the current weakening Airline economy, a smaller
version of Phase II is needed; that negiotations are
preceding with a major funding source; and that the outcome
of those negiotation will be in a few days.
Councilmember Hodges stated that the project could be
approved for $96,000 to cover the costs of project
reactivation, and the rest of the expendiiture postponed
for two weeks, to allow for the conclusion of negiotations;
and that the additional time will allow for some response
from other cities.
Minute Order 4886 approving Work Authorization 10 with
Gensler Associates, architects for the Airport Terminal
Expansion, for $859,000 for redesign services related
to the development of a smaller Phase II , and services
related to bidding and construction administration, was
presented, after which; it was moved by Neel , seconded
by Broich, and carried by the following vote that M04886
be adopted.
AYES: Broich, Murawski , Neel and Bono
NOES: Hodges
NOES: None
ADDED STARTERS: None
Council Minutes
10-16-91, Page 15
COMMISSION APPOINTMENTS:
a) Planning Commission
Motion to appoint Duke Kosslyn to the Planning Commission
with a term ending 6=20-92 was presented, after which;
it was moved by Murawski , seconded by Neel , and carried (060-
by the following vote, that the appointment be ratified. 015)
AYES: Broich, Murawski , Neel and Bono
NO : Hodges
ABSENT: None
b) VPB
Councilmember Murawski stated that the Visitors and
Promotion Board appointments should be listed on the next (060-
City Council agenda. 024)
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
a) Councilmember Broich stated that two leaves of absence
have been applied for, and he suggested the positions (061-
not be filled during the interim. 01 ,)
b) Councilmember Hodges stated that the VillageFest permit
system needs to be checked; that if qualifications
are met, applications should not be denied; that
courtesy should be extended to the merchants; and
that congratulations are extended to Judith Sumich, (050-
President of the City Clerks Department, and Tom 018)
Robertson, President of the Fire Chiefs Department, -
of the League of California Cities.
PUBLIC reports or requests
a) Steve Grasha, 520 Murray Canyon, stated :.hat in his
opinion, the VillageFest staff are discouraging
participation from persons that want to run for public
office; that a request was made for a booth or table
to register voters; that he was discouraged from doing (050-
so; and that one cannot prevent voter registration, 010)
which he intends to continue doing.
b) Jeremy Crocker, 330 W. Arenas, stated that he was
uncomfortable by George Goldberg's public comments;
and that kind of speach should not be permitted; and
that pressure should be applied for Mr. Goldberg to
show courtesy.
STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned.
JUDITH SLNH-'H
C.i.ty, Clerk
By: PATRICIA A. SANDERS
Assistant City Clerk