HomeMy WebLinkAbout1992 - MINUTES - 2/19/1992 C:E
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
FEBRUARY 19, 1992
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, February 19, 1992 at
7:30 p.m.
ROLL CALL: Present: Councilmembers Broich, Hodges, Murawski
Neel and Mayor Bono
Absent: None
The meeting was opened with the Flag Salute and a moment of silence.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with
Council procedures on February 14, 1992.
PROCLAMATION:
Mayor read proclamation and presented it to representatives
of the P.S. Mounted Police for its rodeo week and parade, (074-
and thanked the association for the many hours of volunteer 001)
and community services.
NOTE: Several items were taken out of agenda order, but are
reflected in the minutes in the agenda order.
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 Hodges, seconded by Neel , and unanimously
carried, that the Minutes of February 5, 1992, be approved.
PUBLIC HEARINGS:
1. STREET VACATION - PASEO EL MIRADOR
On February 5, 1992, the Council continued hearing on (145-
proposed vacation of Paseo El Mirador and Avenida Palos 001)
Verdes, at request of Desert Hospital .
City Manager recommended that this matter be tabled
indefinitely.
Mayor inquired if anyone wished to be heard; there were
no appearances.
It was moved by Neel , seconded by Hodges, and unanimously
carried, that this matter be tabled.
Council Minutes
2-19-92 Page 2
2. C.U.P. 5.0595 - CONVENTION CENTER APPEAL
Consideration of appeal by the P.S. Convention Center
of Planning Commission condition regarding phasing for
a parking lot on the NW corner of Amado and Avenida
Caballeros.
Director of Planning & Zoning reviewed his report, noting
that the project cannot be done in one year within the
current Convention Center budget; and displayed plans
indicating that the street improvements and interior
landscaping improvement would be phased if the appeal
were granted, and the peripheral landscaping would be
installed at this time. In answer to question by Council ,
he stated that the existing lot will be used as a base
for the lot, and the asphalt shoulder and curbing will
remain as a temporary improvement.
Mayor declared the hearing opened.
Interim Convention Center Director reported that the
original architect's estimate, on which the budget was (078)
established, only covered the cost of the parking lot,
and not the landscaping, irrigation and lighting; that
the desire is to complete the project as designed, but
within the budget, only the exterior landscaping is
proposed, in an effort to make the lot as pleasing as
possible from the street.
Nathan Shapiro, 355 N. Avenida Caballeros, stated that
recent rains have caused a mess of the existing parking
lot area; that he did not oppose a phased approach, but
questioned why there was no limit as to when 'the remainder
of the work would be completed; and that he would like
a specific ending deadline.
Interim Convention Center Director reported that the
remainder of the work will be contingent upon availability
of funds.
Sid Michaelson, 355 N. Avenida Caballeros, questioned
why the budget was not realistically set, and why there
was an exception for the City, which would not be accorded
to any other developer; that the lot has a sign indicating
hours are from 6 a.m. to Midnight, and he felt the hours
were too early, and too late, and that noise and headlights
will disturb adjoining residents; that the lot should
be completed as designed, and agreed upon, and the Council
should find the funds necessary to do the work; that an
empty lot was torn up and paved for a temporary purpose,
and if it is not to be totally improved, it should be
restored to its original condition; and that there has
not been any discussion as to what type of vehicle will
be allowed to park on the lot, and he objected to allowing
trucks, large hauling vans, or recreation vehicles for
RV shows, and only supported allowing passenger vehicles.
He asked that consideration be given to restricting parking
in front of the Center Court Condominium project to that
of project residents only, during events at the Convention
Center.
Jim Jenkins, 355 N. Avenida Caballeros, stated that if
he were granted a conditional use permit, he would be
required to complete a project, and the City should do
the same.
�119
Council Minutes
2-19-92 Page 3
2. C.U.P. 5.0595 (Continued)
Dee Dee Stone, 142 East Lake, commented on her support
of undergrounding all parking.
There were no further appearances, and the hearing was
closed.
Councilmember Murawski suggested that perhaps staff could
devise a system that would give the condominium owners
facing the street the expressed right to use the on-street
parking during events at the Convention Center; that the
City cannot afford to restore the lot to "sand" and the
desire is to complete it as fast as possible.
Councilmember Hodges stated that the City should not have
priority over any other developer in terms of complying
with requirement`s; that she is appalled at the appearance
of the lot as it is now; that if the funding is not
available to do the entire project, it should be scaled
back to something less, and the remainder of the site
overseeded with wild flowers until the funds are available
to expand the lot; that she felt the proposed phasing
would result in a. lot that places the City in a liability
position, in terms of poor lighting and safety. She stated
that if a developer cannot comply, then he must scale
back the scope of the project.
Councilmember Neel move to deny the appeal , and stated
that there are ways to work out the situation, i .e. , to
install the curbs, gutters and sidewalks now, and to leave
the remainder until the funds are available; and that
the lot as it now looks "trashes" the appearance of the
area.
Councilmember Broich stated that the City Manager is
negotiating the contract for the Convention Center
operation, and perhaps the savings could be used to complete
the project.
City Manager stated that the contract may result in a
$200,000 net reduced cost subsidy, and perhaps that could
be considered along with a time frame for completion,
perhaps 12 months.
Mayor stated that the situation is open--ended, and the
City would not allow anyone else to do that; and it puts
the City in a liability situation, and it is not fair
to go ahead with the CUP without a cohesive and complete
plan.
In answer to questions by Council , Director of Planning
& Zoning stated that the project is not complicated, and
could be done within a matter of weeks,; that the CUP
requires permits be taken within 2 years, however, in
this case, the grading has been done, and permits obtained;
that the Commission recommendation was to complete within
six months; that the proposed resolution upholding the
appeal , could be modified to provide Phase I in 6 months,
Phase 2 in 18 months, and Phase 3 in 12 months.
Following discussion, it was moved by Broich, seconded
by Murawski , and carried by the following vote, that
Resolution 17794 overruling the Planning Commission, revised
to include phasing as noted by the Director of Planning
and Zoning, and providing that said phasing shall be
accelerated if funds are available sooner:
Council Minutes
2-19-92 Page 4
2. CONVENTION CENTER APPEAL (Continued)
AYES: Broich, Murawksi , Neel & Bono
NO: Hodges
ABSENT: None
3. CONFLICT OF INTEREST CODE - PUBLIC WORKS DEPARTMENT
Recommendation: That the Council approve an amended and
restated Conflict of Interest Code for the Department (063-
of Public Works, formerly a portion of the General 001)
Operations and Community Development Departments.
Memorandum of City Clerk highlighted by the City Manager.
Mayor declared the hearing opened; there were no
appearances, and the hearing was closed.
Minute Order 4948 approving _i<he code, as recommended,
was presented; after which, it was moved by Broich, seconded
by Hodges, and unanimously carried, that M04948 be adopted.
PUBLIC COMMENTS:
a) Re Item 13:
Tony Aguilar, 1975 Mark Leslie, read a statement from (133-
Karen Aguilar, questioning why the amount of the bond 005)
issue is higher, who the owner of the property is,
why is City financing project through a bond issue.
b) Re Item 8
Linda Cooper Lee, 980 Garden Road, commented on a
problem she has had relating to making her cart operable (103-
and in compliance with DMV rules; and that she felt 001)
the proposed ordinance was discriminatory, and
excessively restrictive.
c) Re Item 9
Darryl Rusk, 2259 Parkmead Drive, stated that he
represented a committee of residents who are opposed (054-
to annexation of their area, and the process that 005)
has been used, i .e. , expenditure of city funds in
developing the annexation proposal , without any
consultation with the residents; that he attended
a meeting, at which the only persons in favor of the
annexation were the wind farm industry developers.
d) The following persons spoke on other matters not related
to the agenda:
George Goldberg re lack of use of local vendors or
contractors, and his opinion concerning building permits
for the mayor' s home.
Julie Bornstein, President of the C.V. Housing Coalition
invited the Council to attend the groundbreaking
ceremony for the Coyote Run Apartments on March 4.
Gary Bostworth commented regarding bus shelters
accessibility to the handicapped.
Fred Ebling, 2460 Tuscan, commented PEG and suggested
that Channel 17 have a continuous identification "sign"
people will know the channel is available on
their television set.
Council Minutes
2-19-92 Page 5
d) Continued
Erishka Fairchild, 1001 S. El Cielo, read a statement,
concerning her suggestion of naming the Airport loop
road as "Celebrity Circle."
Tom Schmitt, 3388 San Domingo Circle, stated that
very few conventioneers drive to Palm Springs, and
the new parking 'lot is designed more to service trade
shows than it is for conventions.
Frank E. Brown, 670 Calle Palo Fierro, suggested that
candidates be invited to speak during the Public
Comments portion of the agenda, so the TV audience
can hear their views.
LEGISLATIVE ACTION:
4. COMPREHENSIVE FEE SCHEDULE - GOLF COURSE
Recommendation: That the Council consider three options
concerning golf course rate increases, and related matters.
Mayor inquired if anyone wished to speak to this matter.
Mary Moore, golf course resident, commented on the cost
to play at the municipal course compared to courses in
San Diego and Riverside County, and asked that local
residents be given preference for use of the course, and
at discounted rates.
Richard Reidle (?) 5240 Lakeside, commented on cart rental
rates, and felt a 50% reduction would be more equitable,
and favored a trail fee as an incentive to increased play,
therefore increased revenue.
David Schey, golf course consultant, reiterated previous
comments he made noting that if the discounts requested (114)
were approved, it would make the municipal course the
highest discounted course in Southern California; that
the increased green fees were done in contemplation of
the new course, which should be under construction by
the beginning of summer.
Joslyn Fisher, 1221 S. Camino Real , commented that; all
of the city' s figures are slanted towards its position,
and that other courses do not offer as much of a discount,
because the green fees are not as much at the outset;
that the municipal course made a profit last year, and
dollars passed through to the City budget; and that perhaps
the new course should be geared at the visitor, and the
existing course be for local residents.
Erma Bickman, stated that the youth in the community are
not offered any special privileges at the course., and
should be considered.
Ralph Dix, 2022 Broadmoor, thanked the Council and staff
for the work that has been done, and suggested that
residents discount cardholders should also be allowed
to use the cart discount on weekends.
Jerry Powers, 2357 Los Patos, chairman of the "committee"
working with the city staff, stated that they were asked
to not increase the nonresident green fee by $1, and reached
a compromise, which subsequently has been revised; that
Council Minutes
2-19-92 Page 6
4. FEE SCHEDULE (Continued)
in terms of the number of rounds available, and the
financial reports for January, he felt there are enough
dollars available to reduce the fee for locals; that the
Council should approve a trial period, monitored carefully,
to see if the projections are correct, and the Men' s &
Women' s Clubs are willing to abide by the results; and
that he would like to have a 3-member citizen committee
work with Parks & Recreation and the Assistant City Manager
to analyze the golf course objectives and recommend fees
and reservation policies for the Council .
There were no further appearances.
Director of Parks & Recreation reported that a two-year,
two-step fee increase was recommended in September, 1990,
and the First increase was effective' October, 1990, and
the second October 1991, which included an adjustment
effective January 1, 1992; that because of the fee
adjustments, the Commission received petitions from the
Mens & Womens Clubs, a number of which were addressed
in the Commission' s recommendation; that the resident' s
spoke at the Council study session, January 21, and there
was some discrepancy in the numbers, and the Council asked
that the staff meet with the clubs; and that three options
were before the Council . He explained the staff
recommendation.
Councilmember Broich stated that it was not possible to
digest all of the information presented, and suggested
that a committee of the mess and Womens" clubs, staff, the
Assistant City Manager, and the Commission, meet and
work-through all of the concerns, and come up with a single
recommendation; and that he would volunteer to work with
the committee.
Mayor stated that the staff needed to avoid multiple options
with varying structures, rather it should confront and
handle the situation in the most economical and equitable
way.
Councilmember Neel stated that he would abstain, for reasons
previously stated, but asked the City Manager to read
the letter Mr. Yoder submitted from the PGA Administrator,
which the City Manager then highlighted, noting the
complimentary nature of the letter.
Councilmember Murawski stated that it is difficult to
have sets of numbers dropped on the Council without some
analysis, and that perhaps the committee suggested by
Councilmember Broich can work out a solution, possibly
that the new course have higher rates, and the existing
course more targeted at local residents; however, the
people need to recognize that the bills cannot run up,
and no one pay for them.
It was moved by Broich, seconded by Murawski , and
unanimously carried, Neel abstaining, that a meeting be
called for February 25, at 9 a.m. , to include two members
from the Men' s and Women' s Clubs, the Assistant City
Manager, two City staff members, two Parks & Recreation
Commissioners, and himself, with the intent of arriving
at a single recommendation.
Hof)
Council Minutes
2-19-92 Page 7
5. WASTE DISPOSAL SERVICES CONTRACT
On February 5, 1.992, the Council continued consideration
of proposal of P.S. Disposal Services to this date.
Mayor reported that the Council has an obligation to the (148-
company to meet one more time in order to complete 0011,
negotiations, which should be completed prior to the next
Council meeting.
It was moved by Murawski , seconded by Broich, and
unanimously carried, that this matter be continued to
March 4, 1992, and during the interim, negotiations be
completed and a defined contract be presented to the
Council .
6. DEMUTH PARK - CONCESSION BUILDING
Recommendation: That the Council award contract to M. (109-
Kassinger Construction for the construction of a concession 005)
and rest room facility at Demuth Park ballfields, CP90-15,
for $199,400, and Change Order No. 1 thereto for a deduct
of $30,462, net contract $168,538 - A3070. Memorandum
of Director of Public Works was highlighted by City Manager.
Councilmember Hodges noted that the City will actually
be able to generate more revenue, by being able to attract
more events.
Minute Order 4949 as recommended was presented; after
which, it was moved by Hodges, seconded by Broich, and
unanimously carried, that M04949 be adopted.
7. DEMUTH PARK - CONCESSIONAIRE
Recommendation: That the Council approve 5-year agreement (109-
with Wyndham Palm Springs Catering for the operation of 005)
a food concession at Demuth Park - A3078. Memorandum
of Director of Parks & Recreation was highlighted by the
City Manager.
Minute Order 4950 as recommended, was Presented; after
which, it was moved by Hodges, seconded by Neel , and
unanimously carried, that M04950 be adopted.
8. MUNICIPAL CODE AMENDMENT (Ord Intro. 2--5-92)
City Clerk read title of Ord 1405 re golf carts and cart (103-
crossings on specified city streets; after which, ii: was 001)
moved by Broich, seconded by Murawski , and unanimously
carried, that further reading be waived, and that 01405
be adopted. Councilmember Broich noted that the ordinance
does not affect what Ms. Lee was speaking about.
9. GENERAL PLAN & ANNEXATION EIRs
(054-
Recommendation: That the Council approve amendments to 006)_
contracts with Smith, Peroni & Fox, for an increase of
$34,805 for the General Plan Update EIR, and an increase
of $45,545 for the EIR for the annexation of properties (101-
in the northern sphere area; and amend the budget to 001)
appropriate funds to cover the total contracts. Memorandum
of Director of Planning & Zoning was highlighted by the
City Manager.
Council Minutes
2-19-92 Page 8
9. GENERAL PLAN & ANNEXATION EIRS (Continued)
Director of Planning & Zoning reported that this matter
was detailed at the last study session, that it is critical
to keep the project moving, i .e. , the General Plan update;
that the annexation is proceeding; and that the budget
adjustment reflects funds needed, as well as funds which
were to have been secured by a participation source.
Minute Orders 4951 and 4952 approving amendments to A2989
and 2990, respectively, and Resolution 17795 amending
the budget to appropriate $204,603, were presented; after
which, it was moved by Murawski , seconded by Broich, and
unanimously carried, that M04951, 4952 and R17795 be
adopted.
10. ADDITIONAL LEGISLATIVE ITEMS - None
CONSENT AGENDA: 2;
11. Res 17796 adopting a revised formatted Comprehensive Fee (114)
Schedule, reorganized to reflect department restructuring;
and Rescinding R16319.
12. Res ----- amending Comprehensive Fee Schedule to add a fee
for requested information relating to assessment district
bonds, at $25 per request, per parcel , effective April 1,
1992. PULLED FOR FURTHER STAFF REVIEW.
13. See separate item 23.
14. Res 17797 authorizing purchase of certain contract items through
the State Dept. of General Services (last authorization R15801, (084-
March 5, 1986). 008)
15. MO 4953 exempting the firm of Sierra Pacific Electrical (114-
Contracting from street construction restriction policy during 004)
construction of CP90-10, traffic signal installation and
modification at Ramon Road and Farrell .
16. MO 4954 exempting Onix Paving Contracting from street (114-
construction restriction policy for repairs to curbs, gutters, 004)
sidewalks and paving damaged during the last road races.
17. MO 4955 authorizing staff to explore relative merits of (084-
alternate methods of procuring natural gas, including issuance 008)
of RFPs.
18. Res 17798 approving acquisition of 4 lots, between the Tahquitz (092-
Wash and Mesquite Avenue, east of El Cielo, for $30,250. 010)
19. Res 17799 approving acquisition of 4 lots, located between (092-
the Tahquitz Wash and Mesquite Avenue, east of El Cielo, for 010)
$14,950.
20. Res 17800 approving acquisition of 3 lots, located between (092-
the Tahquitz Wash and Mesquite Avenue, east of E1 Cielo, for 010)
$12,500.
21. Res 17801 and 17802 approving Payroll Warrants and Claims (086-
& Demands. 010)
22. Motion concurring in CRA actions Res 844 to 849. (124)
It was moved by Neel , seconded by Broich, and unanimously
carried, that R17796 through 17802, M04953 through 4955,
and motion in Item 22 be adopted; Hodges abstaining on
R17802.
Council Minutes
2-19-92 Page 9
23. CBD VISION PROJECT
Recommendation: That the Council approve a restated
inducement resolution related to the Palm Mountain Resort
and Tachevah Golf Course Project bonds (prior R17363) .
City Attorney reported that the current negotiations with (133--
Palm Mountain Resort have not been concluded because the 005)
project financing is being worked out; that under federal
tax codes, in order to be able to recover expenses incurred
by the City in the negotiation process, it must have adopted
an inducement resolution; that the estimated cost of the
golf course is $22 million, and there are concerns about
the parking structure and other public infrastructure,
for which an estimate is not available, the bond issue
has been set at $40 million in an abundance of caution;
and that adoption of the resolution does not establish
any legal obligation of the City to Palm Mountain Resort.
Resolution 17803, as recommended, was presented; after
which, it was moved by Broich, seconded by Murawski , and
unanimously carried, that R17803 be adopted.
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
a) Councilmember Broich asked for volunteers to serve
during Spring Break, noting the committee will meet
on"February 25.
b) Councilmember Hodges stated that the naming of a street
for Kirk Douglas has gone from a minor effort to (114-
something larger, and some people are uncomfortable 001)
with the process, and she asked that the Council
consider establishing a policy for naming facilities.
She asked that it be placed on a study session agenda.
Mayor stated that he did not think naming a building
was a big deal , and it could possibly result in raising
funds for the Airport by roaming the terminal - not
the Airport - that naming streets gets more complicated;
and he thought it would be helpful to have Mr. Douglas
help in raising funds for the Airport expansion.
Staff to develop policy suggestions regarding streets,
buildings, parks, etc. ; and to send a letter to Mr.
Douglas advising him of the status.
c) Councilmember Murawski stated that a news release
has been prepared to let everyone know that the proposed
project next to the Rose Garden wi'I1 be at market
prices, and will not have any low income housing.
STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned.
UDITH SUMICH
City Clerk