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HomeMy WebLinkAbout1996 - MINUTES - 12/18/1996CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 18, 1996 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kieindienst, in the Council Charmer, 3200 Tahquitz Canyon Way, on Wednesday, December 18, 1996 at 5:30 p.m., at which time, the City Attorney atmounced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Barnes, Hodges, Odcn, Spurgin and Mayor ICleindienst Absent: (Note: Councihnember Spurgin was excused Prior to Item 9) The meeting was opened with the Salute to die Flag, led by Boy Scout Troop 262., and an invocation by Father Miguel Ceja, Our Lady of Solitude. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was Fosted in accordance with Council procedures on December 13, 1996. REPORT OF CITY ATTORNEY ON MATTERS ➢ISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 of agenda this date. HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY - No business PRESENTATIONS: PSHS Student Body Report; Positive Alternatives for Youth; Swear -in New Police Officer Steven Woodward; Chamber of Commerce Festival of Lights Committee. MAYOR PRO TEM: Mayor called for nominations for mayor pro tem, to serve in the absence of the Mayor for the following year; after which, upon nomination duly made, seconded and unanimously carried, Deyna Hodges was elected Mayor pro tern for succeeding, year. COMMUNITY REDEVELOPMENT AGENCY: Mayor convened the Community Redevelopment Agency into joint session with the Council; after which, members reconvened as the City Council. (Note: Joint minutes of the Agency and the City Council are reflected) due to the intertwined nature of the :natters heard and/or acted upon) PUBLIC COMMENTS: a) Comments concerning Item B: Frederick McCarey Ebeling, resident, submitted a copy of a letter sent to the District Attorney, Riverside County, from him and Don L. Frank, and requesting it be a matter of record, that city officials are informed of their violation of California Penal Code Section 330 and 337; that giving away Andreas Road will allow expanding the Casino, which will aid and abet an illegal activity by providing additional land to the facility via the street vacation. Betty Tuminello, resident, slated she did not see any problem in vacating Andreas Road; that it was a dedicated right-of-way, and will belong to the Indians, which is where it belonged previously; and that there is not a lot of traffic which uses the street. LEGISLATIVE ACTION: (145•- 001) Council Minutes 12-18-96, Page 2 A. GAMING FACILITY - PHASE I DEVELOPMENT PLANS: Res 1013 revised approving Phase I Preliminary Development Plans (Cs 5.0667) for the Agua Caliente Indian Gaming Facility, on a total of 3.66 acres of: a portion of Spa Hotel property, a portion of Andreas Road (to be vacated), and the Hirsch property Post Office property; and parking facilities on a total of 3.46 acres of: "the fire station" parcel and previous ' Browne parcel; as set forth in Amendment 1 to the DDA between the Agency and the Tribe. (Continued from 12-4-96). Agency Member/Councilmember Hodges stated she would abstain, as the Tribal Development Authority is a client of her employer. Director of Planning & Building reviewed details of his memorandum, as on file with the City Clerk, noting that the structure will be 2 stories, 94,000 square feet, with a range (124-- of uses including restaurant, etc.; that the height is between 20-40 feet in mass area, with 106 ) a small section at 56 feet, and complies with the highrise setback requirements; that the entry and focal point are larger than usual, but the Commission felt the scale was consistent with the structure, and an excellent entry for the facility, and that other projects have been approved where the size and scale were consistent; that the location of the main building has been moved to the Indian Canyon frontage, and most of the parking has been moved further away from the residential areas, and the facility will lend continuation from Palm Canyon and tie to the downtown in a better manner; that it is designed as a logical extension of the Spa Hotel; that parking was looked at carefully, and a parking management plan calls for 1,445 spaces; that the Commission felt there should be an allowance for one-half of the on -street parking spaces around the facility - i.e., 96 spaces, and the conditions of approval will reflect that; that the Commission approved the project by a 5-0-1-1 vote; and that if Andreas Road is vacated, there is language in the conditions regarding the City's right to review plans that may affect use of that area. James Cioffi, architect for the project reviewed the plans on the display board, and explained various features and considerations of the facility; and noted that a 35-ft tall parking structure will be in two phases, located NE of die facility, with 837 spaces in the first phase, and the second bringing the total to 1,700; and that there will be a tunliel from the facility to the parking for valet parking. In answer to question by Agency/Council he stated that details of the sidewalk material will be brought back, as they have not been finalized. Council/Agency Member Barnes stated that [lie plans are more appealing and fit the character of the community, and reflect the Tribal culture, much more so than the original Caesar's concept; and that the art features fit into the Art in Public Places program. Mayor/Chairman concurred, adding that the colors are also more sympathetic with the existing and surrounding buildings; that the theme shapes and design are attractive, and blend -in the Tribe's heritage; and that the frontage on Indian Canyon is superior, and benefits the downtown as well as the community. In response to questions by Council/Agency, the Director of Planning & Building reported that Andreas Road was to have been a collector street from the mountains to Sunrise; that over the years various portions have been vacated, i.e., portion to accommodate the Desert Fashion Plaza; portion concerning the Convention center; and the remaining portion east to Sunrise from Avenida Caballeros, which would not be required of future development and would only be installed if private development decided to do so. Resolution 1013, as recommended, including on -street parking credit as noted, was ' presented; after which, it was moved by Barnes, seconded by Oden, and unanimously carried, Hodges abstaining, that R1013 be adopted. PUBLIC HEARINGS: Council Minutes 12-18-96, Page 3 B. STREET VACATION - ANDREAS ROAD On December 4, 1996, the Council continued hearing and action on consideration of vacation of portion of Andreas Road, from Indian Canyon to C:alle Encilia, Section 14. City Manager highlighted the memorandum of the Director of ]Public Works; noting that the sane ownership exists on both sides of the right-of-way, i.e., the Tribe, and the property will be used to build the expanded gaming facility; dial the Planning Commission determined that the vacation is not in conflict with the General Plan; and that :notice was posted on the site, published, and mailed to the public utility companies, as well as City Departments which deal with utilities in City streets. Councilmember Hodges stated she would abstain since the Tribal Development Authority is a client of her employer. City Attorney stated that the record of the proceedings should also include comments previously made, i.e., included in the Director's report concerning above Itena A. Howard Lapham, resident, member of the Executive Committee of P.S. Now, and Tom Suitt, its Chairman, both spoke in support of the gaming facilltty, and in support of the vacation of the right-of-way. Joy Meredith, President of ]Main Street, stated that Main Street has unanimously endorsed (145-- the project, and urged approval in order to allow the project to proceed. 001) Bob Lee, Vice -President P.S. Hotel & Hospitality Association, spoke in support of the gaming facility and of the closure of Andreas Road, noting the, project will add 800 jobs to the hospitality industry, as well as increased TOT. Fred Ebeling, resident, expressed disappointment that money comes before quality of life, ' and that the merchants think that gaming is good; that he felt only one side of the issue has been included by the news media, and that the public does not know what is going on, nor understands the outcome. Tom Davis, Planning Consultant for the Tribal Council, reported he received a letter from the Desert Water Agency, a copy of which he provided to the City Clerk, indicating that it is working with the Tribe toward a resolution regarding water rights in the street. Richard Milanovich, Chairman of the Tribal Council, expressed appreciation for the business community support, which be felt was also a recognition of the quality, first-class type of project which the Tribe has constructed; that the proposal is the work of numerous hours of work, drafts, and revisions, from which all levels of the community will benefit, directly and indirectly. There were no further appearances, and the hearing was closed. Councilmember Barnes stated that this matter is tied to the above item; and is needed to enable the project to be built. Councilmember Spurgin concurred. Councilmember Spurgin stated that the relationship between the City and the Tribe is the best it has ever been; that the Tribe has contributed substantial dollars toward the quality of life in the community and to different organizations; that she did not gamble, however, it is her choice, and what the Council is doing is simply providing choices for people. Councilmember Oden stated that the 800 jobs will be those which give dignity to the ' worker; and that gaming is only one of the entertainment feabures which the area has to offer, and the Tribe has shown great sensitivity and concern for the total community, i.e., the use of local talent and businesses. Council Minutes 12-18-96, Page 4 B. STREET VACATION - ANDREAS ROAD (Continued) Mayor concurred the vacation is needed, otherwise the project. will not develop as quickly, or as cost effectively; that the street has a history of short segments going no where; that there is no detrimental affect on circulation in the downtown; that the Tribe and Council have worked well together; and that the Tribe has been responsive in seeing ' that the project goes forward. Resolution 18944 approving the vacation, as recommended, was presented; after which, it was moved by Barnes, seconded by Spurgin, and unanimously carried, Hodges abstaining, that R18944 be adopted. C. GAMING FACILITY - DDA, AMENDMENT NO. 2 Consideration of Amendment No. 2 to the Disposition and Development Agreement between the Agency and the Tribe regarding land acquisitions allowing for the establishment of Phases 11 and III of the gaming facility, and related hotel and commercial uses. Mayor stated that the Council and Tribal Council met December 12, and as a result of the (124- meeting, concluded that there is no need for any Agency assistance, and there will be no 106 ) action concerning this item, nor any proposed condemnation of any private property at this time. City Attorney stated that it was originally seen that there might be need for the Agency's assistance through condemnation to acquire laird for tl:e additional phases (II and 111) in order for those to proceed; that both Council's had misgivings as to the use of eminent domain, and whether to enter such an agreement; that the Tribe can proceed without that authority, and is no longer requesting that type of assistance; and that the Tribe will . proceed with the expansion, but with no financial assistance or condemnation authority of the Agency or City. This matter was therefore withdrawn from the agenda. Chairman declared the Agency meeting adjourned, and the Council remained in session. APPROVAL OF MINUTES: It was moved by Oden, seconded by Spurgin, and unanimously carried, that the Minutes of October 30, 1996, be approved . COUNCIL COMMENTS/ANNOUNCEMENTS & INTERAGENCY REPORTS: a) Mayor and Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting. b) Councilmember Spurgin thanked those who expressed get -well wishes during her recent recovery from surgery. c) Councilmember Odell reported on attendance at the Mt. Conservancy meeting, P.S. Intergroup Relations Committee; and noted there may be an issue to be addressed concerning golf course lights shining into new residences on Escoba. ' d) Mayor reported on RCTC meeting, and (SCRRA) Metrolinrk meeting. PUBLIC HEARINGS: 0 114 9 Council Minutes 12-18-96, Page 5 AIRPORT PARK PLAZA - APPEAL, Consideration of appeal from Airport Commission denial of a request for rental reduction, and parcel give -back by the Apostle Family Trust for property referred to as the Airport Park Plaza, situated north of Taltquitz Canyon, between Civic and El Cielo. Director of Transportation reviewed details of his memorandum, noting that the tenant ' agreed when they took over the leasehold, that the three parcels would be tied together for the term of the lease, and that a default on one, would mean. a default on all; that a recent appraisal of $2.6 million land value would have resulted in a higher rent; that request for adjustment was denied by the Commission; that a second request included a new appraisal of $1.9 mullion (a 54% decrease in 15 months); that even though there is no debt on the property, the financial statement provided includes it, and if removed, there would be a 4.7% return on investment for the tenant; that the request would result in a $71,000 reduction in direct revenue plus a $21,000 amoral expense for maintenance of the vacant parcel, which would have to be covered by the airlines under their agreements. He stated that the lease term is for 40 years. Mayor declared the hearing open. Bill Lekas, Vice President, Pacificwest Asset Management Corporation, attorney and (050- managing agent representing the tenant, asked that the Council The sensitive to die facts 050) at hand; that marketing in Palm Springs has declined a great dead in the last four years, supported by exhibit attached to the appeal; and stated that they have more parking than is needed, as indicated by a parking study conducted by James Cioffi; that $3.5 million has been invested in the site, resulting in less than a .5% ROI; that the note Ihas been paid, but interest was paid on it previously for about $600,000. He asked that they be. allowed to meet and develop a plan to meet market conditions; that he did not see anything in the ground lease which ties the three parcels together; that they will spend $145,000 next year in parking lot, roof and lighting improvements; and that they cannot ' continue to function based on the current ground lease payments. Bernie Crawford, 400 S. Farrell, stated he did the market value appraisal for the tenant; that he also reviewed the appraisal done in 1995, which was by an out-of-town appraiser who used a sale which never closed escrow, and which was a hotel and not a comparable land situation; that he used a property across from the Oasis Waater Park, which sold for $2.65 per square foot, and he appraised the Airport Park Plaza land at $3; that the site does not have good exposure, is a destination location and not a drive -by location; that there has been a vacancy survey done by Palm Springs Now, which found that in the Tahquitz corridor, there is a 34% vacancy factor, and rents have declined by 30-50% from when the leases were first written; that if the same sites were to be offered now, the rent would be one-half of those amounts; that there is the vacant piece between the two buildings and no one will build on it; that he recommended that the staff negotiate something that is fair to all parties, recognizing that it could change if things got better. There were no further appearances, and the hearing was closed. Councilmember Barnes stated he was not willing to consider a change in the full term, but to look at some short-term relief, i.e., 6-12 months. Mayor agreed, and added that he did not favor losing revenue for the City nor placing existing businesses in jeopardy because of changes in the market; that Mr. Hill's analysis represents some of drops in the rental rates, and that the market will not pay the same ' price as prior tenants paid; that lie did not favor a reduction for the full term; and suggested that a subcommittee of the Council, together with the Airport Commission Chair and staff meet with the tenant to work out an acceptable compromise. City Manager suggested upholding the Commission action, with the direction for the committee to negotiate with the tenant, and report back in 3 months. City Attorney stated that denial would preclude the tenant from coming back with the same request, but would not preclude the Council from initiating a change. Council Minutes 12-18-96, Page 6 AIRPORT PARK PLAZA - APPEAL (Continued) CounciImember Hodges stated that she did not favor dividing the parcels, and that the vacant parcel is only useful to the surrounding buildings. In response to query by the Mayor, Councilmembers Hodges and Spurgin agreed to serve ' on the subcotmnittee. Resolution 18945 upholding the Airport Commission decision, was presented; after which, it was moved by Oden, seconded by Spurgin, and unanimously carried, that R18945 be adopted. It was also moved by Oden, seconded by Barnes, and unanimously carried, that a subcommittee comprised of Councilmembers Hodges and Spurgin, the Airport Commission Chair, and staff, be appointed to negotiate with the tenant or its representative, and report back to the Council within 90 days. INTERAGENCY REPORTS: None PUBLIC COMMENTS: a) Comments concerning Item 2: The following persons spoke in support of allowing the conditional use permit, (078- noting that liquor has been served at the location for many years: 058 ) Ray Lyons, applicant, added that the use will be a sports lounge and food will be served. Arthur Lyons, resident. Peter Behman, appellant, stated that the issue is his appeal from the Planning Commission's decision to grant a CUP to convert the use to a liquor use only; ' that his appeal and letters from neighbors have previously been provided; that his interest is in retaining the status quo, and opposes a stand alone bar use; that the prior use was a restaurant, which allows liquor sales, and he does not oppose that type of use. He restated comments made at the prior hearing. Jane Behman, read a list of names of persons who previously submitted letters and/or expressed opposition to the permit; and added that she did not disapprove the use of a restaurant which may serve liquor. b) Comments concerning Item 1l: Darrell Meeks, resident, suggested that the purchases of the vehicles should be incremental over several years. He also questioned how the Council will know (084- that there will not be a quorum for the January 2 meeting, and suggested that it 013 ) should be held and then see who shows up. c) Comments on matters not related to an agenda item: Linda Sroda, resident, commented regarding the recent chip seal project, and damages caused to vehicle owners; and expressed outrage m to the blaise attitude by the City staff in responding to complaints and concerns in this regard. Dick Sroda, resident, also commented regarding the chip seal project, adding that it was unfortunate that the Council has not taken aggressive action to do something about it. Joy Meredith, resident, spoke in support of the use of the chip seal, which she considered to be an environmentally correct decision, stating that asphalt causes severe pollution; and that while the product might not be quite as good as asphalt, but it was the right choice for the environment. Ted Grofer, Morning Rotary Club, announced recipients of recent fundraising effort by the organization. Council Minutes 12-18-96, Page 7 LEGISLATIVE ACTION: 2. C.U.P. 5.0708 (IBARRA & LYONS) - LAS PALMAS APPEAL On November 20, Council re -heard the appeal by Las Palmas Retirement Villas from the Planning Commission decision concerning a conditional use permit to Camille Ibarra & , Ray Lyons to allow a full -service liquor bar/nightclub at 1117 N. Patin Canyon Drive, Cl zone, Section 10; and continued action, pending clarification of potential conflict of interest. Mayor stated lie would abstain due to a client, relationship of his spouse. City Attorney stated that the question of potential conflict of interest for Councilmennbcr Oden was reviewed, and it was found that his property interest is one of a monthly rental status, and there is no conflict, and he is able to participate in the decision. He added that the effect of a tie decision would mean that the Planning Commission decision would stand. Director of Planning & Building briefly reviewed his report ,given at the hearing; and added that if the permit is denied, the applicant would be prohibited from re -filing for the same use for 12 months. In answer to question by Council, he stated that the ABC Board controls the types of liquor licenses issues, based on the floor plan, business plan, purpose ( 078 of the use, and its operational plan, and that it conducts its own investigation; that a 058:1 restaurant as well as a stand alone bar have different types of licenses, which are monitored by the ABC; that if the applicant's intent is for a restaurant use, only a Land Use Permit would be required, which can be approved by City Staff, upon presentation of the appropriate ABC issued restaurant liquor license, and which would be monitored by both the City and the ABC. In answer to question by Council, Director of Planning & Building stated that he spoke , with Mr. Lyons during the recess of this meeting, and his description would suggest a bar, and that he did not hear a commitment from Mr. Lyons that he intended it to be a full service restaurant, rather a sports bar, which serves some food; and thatt he would need to see a written proposal and floor plan, to make any further response. He also stated that there are a broad -range of ABC type licenses, and that a bar does not have to serve much food; that a restaurant requires a full -service restaurant during most of the time; and that Mr. Lyons' concern was that he might not be able to do that. Councilmember Spurgin stated that this is the first time she has been present to participate in any discussion; that she visited tine site, and walked the premises, as well as visiting residents next door, and seeing the affect from within an apartment abutting the parking lot; that the neighborhood has changed considerably from what it once was; that a lot of money has been invested into the area; that she was not concluding that a bar would not work, but at this time, she favored overruling the Commission and denying the permit as requested. Councilmember Barnes noted that the rear exit was a big concern and people do spill out into the parking lot in the back directly under some of the apartment unils; and he questioned if anything was provided in the conditions to mitigate the noise. Director of Planning & Building stated that the Planning Commission did not hear the same type of testimony which the Council has heard, and it did not require any remodeling of the entry or exit; that the Council could add restrictive conditions; and the doors must remain unlocked during business hours. He stated that a noise vestibule could ' be constructed, which would be helpful, provided the doors were not kept open. Councilmember Barnes stated that the building has deteriorated, and there were some concerns that it would not be upgraded, which is inconsistent with the recommended conditions, which indicates upgrade to standards; that there was also concern as to clientele, traffic and affect on the neighborhood; that there is no expressed designation of a "sports bar" and it is still a "bar" as long as it is so licensed by the ABC; that a restaurant would entail a different permit process; and that if this is denied, the applicant cannot reapply for the same use for one year. Council Minutes 12-18-96, Page 8 2. C.U.P. 5.0708 (IBARRA & LYONS) - LAS PALMAS APPEAL (Continued) Councilmember IIodges stated that if the decision is overturned, the applicant can apply for a restaurant, under a Land Use Permit, for which she would have no objection; but that she did not favor a stand alone bar. ' Resolution 18946 overruling the Planting Commission action, was presented; after which, it was moved by Spurgin, seconded by Hodges, and carried by the following vote, that R18946 be adopted: AYES: Barnes, Hodges, & Spurgin NO: Oden ABSENT: None ABSTAIN: I{leindiens t 3. CDBG PROCESS Discussion and direction, if any, concerning CDBG process and priorities for 1997-98; continued from 12-4-96. Director of Economic Development stated that the Council, in workshop, has indicated a new direction for utilizing the funds; that there has been a great demand for the money, often in total requests exceeding the amount available; that some projects have sometimes been minor parts of larger programs in the community; that the Council looked at policies (08 S- and asked that they be integrated with those of the CDBG, and to find projects that meet 013 ) those policies; that one project is the development of strong local economic base with a strong work force prepared to enter that economy with the necessary skills; and a second is the revitalization of declining house stock and deteriorated neighborhoods; that there was discussion as to reconstituting the review committee, and to report routinely to the ' Council on the progress of the process. He identified potential membership to the committee; and noted that sample projects would be identified that would fulfill the Council's policy, and provide a guideline for the committee. Councilmember Oden stated he would like to see the specific structure of the committee and its membership, to avoid any possible voids in community representation; and that his understanding was not that the Council was going to totally recreate the committee. He added that if the Council is going to address the needs of the poor or disadvantaged, there should be people with some experience in those areas also serving on the committee. Director of Economic Development stated that one or two of the suggested members would represent the neighborhoods. He added that organizations which might help to shape projects that would result in economic development and job opportunity have been contacted, and through the applications and pre -application information, the message can be transmitted so there is clear understanding of the changes which the Council is seeking. Councilmember Barnes stated he did not wish to totally focus on economic development, but favors jobs and the use of the funds to help accomplish that; that. the suggested committee would have the type of insights as to what type of business world be best able to meet the needs, and achieve the Council's directives. No specific action taken. 4. FIBER -OPTICS PROJECTS Recommendation: That the Council approve a seven -month personal services contract with Linda Krengel, dba Bandwidth Communications and Marketing, not to exceed (117- $28,000 including expenses, to plan and develop specified advanced telecommunications 042) projects for die City; and amend the budget to appropriate necessary fiends, A3756. City Manager stated that the proposed agreement covers the period through July, 1997, at which time there would be an evaluation whether any, or all, projects should be developed further; that there are six tasks to be completed; that the $28,000 is expected Council Minutes 12-18-96, Page 9 4. FIBER -OPTICS PROJECTS (Continued) to be offset through corporate sponsorships (Nortel, GCE and Micro Soft); that fiberoptics is a priority of CVAG. Mayor stated that lie believes it will serve a number of institutions and businesses in the community; that he will approach them for financial help to reduce some of the $28,000, but did not want to wait until it can be lined up before proceeding, as time is of the essence, and a lull could put the project back considerably. Councilmember Barnes concurred with keeping the momentum going; that fiberoptics will benefit Palm Springs; and that Ms. Krengle is a well -qualified candidate and understands all that has thus far occurred, and is able to pull people together needed to achieve the project. Councflmember Oden expressed appreciation for the work of the citizen committee, and noted that it now requires a person to spearhead the work, and one who is totally familiar, knowledgeable and competent in the subject. City Manager reported that there will be a report back to the Council on February 5, as to progress, and status of financial assistance. Minute Order 5875 and Res 18947 as recommended, was presented; after which, it was moved by Oden, seconded by Barnes, and unanimously carried, drat MO5875 and R18947 be adopted. 5. MEDICAL EMERGENCY STORAGE UNITS (DMAC) Recommendation: That the Council approve an agreement with the Disaster Medical Assistance Corporation (DMAC) to provide prefabricated weather -tight storage units containing medical apparatus and supplies to the City for a wide range of medical emergencies, A3757. Fire Chief reviewed his report, noting that the units are fully stocked, and maintained inside and out for five years; that the agreement allows logo, subject to approval by the City as to aesthetics; that each site will be approved by the Planning Commission, or department for review before the unit is put in place; that the first location will be at Desert Highland Park, and all sites will be on public property, sonic of which may require agreement with the School District. In response to questions by Council, staff and/or Mr. Vale of DMAC, reported that where the alarm is reported to is a detail yet to be worked out; that cooling needs will be addressed, and if additional cooling is required, it can be provided; that the units contain first aid items, not medical drugs; certain flexibility is allowed in order to customize the unit for a given area; DMAC continues to provide sponsorshiips; that there would be a separate agreement for each school site; Fire Department has access to the units at all times, i.e., inspections are done annually; DMAC provides the units, and does not indemnify the City, but guarantees everything in the unit. City Attorney stated that he thought there was an understanding between the Fire Chief and DMAC as to how the agreement is to work, but there may need to be language clarifications; and he suggested approval of the agreement, subject to his final review. Minute Order 5876 as recommended, was presented; after which, it was moved by Oden, seconded by Barnes, and unanimously carried, that MO5876 be adopted, subject to City Attorney approval. (084-- 013;1 (144-- 004) Council Minutes 12-18-96, Page 10 6. CDBG, BOYS & GIRLS CLUB IMPROVEMENT - CP95-32 Recommendation: That the Council award contract to James T. Dunphy Co., for $89,256, to remodel and re -roof the Boys & Girls Club main building at 450 S. Sumise (085- Way, A3759 (Note: Per charter requirements, three affirmative votes required on 013 ) contracts in excess of $50,000). ' Councilnrembers Barnes and Hodges stated that they would abstain due to client relationships. City Manager highlighted the memorandum of the Director of Public Works Minute Order 5877 as recommended, was presented; after which, it was moved by Oden, seconded by Spurgin, and unanimously carried, Barnes & Hodges abstaining that MO5877 be adopted, CATHEDRAL CITY PM10 LANDSCAPE WINDBREAK FENCE Recommendation: That the Council conditionally support the above project across the Morongo Creek Wash. City Manager highlighted the memorandum of the Director of Planning & Building. (123- Resolution 18948 as recommended, with Exhibit A, was presented; after which, it was 005) moved by Oden, seconded by Hodges, and unanimously carried, that R18948 be adopted. SWIMMING POOL SAFETY URGENCY ORDINANCE Recommendation: That the Council adopt an urgency ordinance establishing swimming (103- ' pool safety requirements for new single-family residences, in order to comply with 047 ) recently adopted AB3305, while maintaining local control and enforcement of the provisions of the ordinance. City Manager highlighted the memorandum of the Director of Planning & Building, and noted that the action is in line with recent changes in State law. City Clerk read title of Ordinance 1541, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ESTABLISH SWIMMING POOL SAFETY STANDARDS FOR SINGLE- FAM.ILY RESIDENTIAL OCCUPANCIES, AND DECLARING THE URGENCY THEREOF. after which, it was moved by Hodges, seconded by Barnes, and unanimously carried, that further reading be waived, and 01541 be adopted. HERE COUNCILEMBER SPURGIN was excused from the remainder of the meeting, at 10:45 p.m. ADMINISTRATIVE APPEALS BOARD APPEAL FEE The Administrative Appeals Board recommends that the Council amend the Comprehensive Fee Schedule, to reduce the fee for filing an appeal to the Board from a (114- $375 deposit to $80; establish criteria for requesting a waiver of the fee; and apply the 010 ) waiver procedure to individuals only. City Clerk reviewed her memorandum, noting drat the Administrative Appeals Board felt, from the outset, that perhaps the fee was too high, and had a ebilling effect which might discourage a person from filing an appeal; that the Board minutes reflected the various positions of the Board, which accounted for the final 3-2 vote in favor of the recommendation; that the Board felt that the current fee did not frilly recover costs associated with the appeal, and therefor, recovery was not an issue; that there is a $250 filing fee for the Board of Appeals (Building), which hears matters on interpretation or f!A9 - K'X Council Minutes 12-18-96, Page 11 9. ADMINISTRATIVE APPEALS BOARD APPEAL PEE (Continued) appeal concerning the uniform building codes; and that prior to I.he establishment of the AAB, such appeals were heard by the City Council, for which there was no appeal fee. Comcilmember Hodges stated that if the fee is set too high, it can discourage people from ' filing an appeal; that the Board of Appeals (Building) fee is associated with appeals which are from businesses; that the AAB serves a different purpose, more individual property owners concerns, who may not be. able to afford the fee; and that she had no problem lowering the fee to $80. She questioned what the fee covered. City Clerk noted that the first appeal heard by the AAB involved a number of issues, some of which the Building Official felt would be subject to the Board of Appeals interpretation; and that as an option, the Council may wish to consider a single fee, which would enable an appellant to migrate through the various board, until the appeal is resolved, rather than paying a separate fee for each "appeal. " She also explained how the original fee was established, based on recommendation that it would be less costly to provide the support in-house than using a court reporter; that the full cost of the appeal for the appeal heard by the Board would have been approximately $775; that the Director 114- 010 ) of Planning & Building calculated that the hearing (4 1/2 hours) would cost between $1,200 - 1,400, and her estimate for the hearing was $1,325; and the full fee would not have recovered those costs. Comncilmember Oden stated that the Board has only heard its first case; that he is comfortable with the fee as it is; that the Board's suggestion for considering waivers would be very labor intensive, and lie was uncertain how a department could absorb the additional workload; that there was a concern for indigent persons, however, these type of issues will not come from them, rather for the most part, property owners; and that the costs will not be based on staff time to set die fee at $80,00. Mayor stated that the Board's first hearing was 4 1/2 hours long„ and the City did suffer ' a financial hit; that the fee should be continued at status quo; that if there are a number of people who cannot pay the cost, the Council can re-examine the issue at that time; that the fee was set to discourage: frivolous filings; and that lie was comfortable with the fee as it is. Councilmember Barnes concurred, and noted that the initial fee was discussed, and was based on a cost review. Mayor Kleindienst questioned if a motion was needed. City Manager stated that no motion was needed, and that the direction was clear. 10. CHARTER CITY REVIEW COMMITTEE Discussion and direction concerning the formation of a charter city review committee, to provide recommendation on possible charter amendments for voter approval. City Attorney staled that the need to review tine City Charter was discussed at the last (075- workshop, looking toward means of maximizing opportunity in the charter, or new 001) procedural ordinances; that an ad hoc committee could be appointed, which would be subject to the Brown Act, and to the Council's process for making appointments; that lie understood from die workshop, that the Council wanted to have something potentially before the voters at the November, 1997 election, and if the committee did not complete ' its review, it may be more time would be needed. He stated that a resolution creating the committee could be provided at the first meeting in January, allowing the City Clerk to proceed with recruitment, and possibly making appointments in late January. Council consensus was that the committee be comprised of 7 at -large members. In answer to question by Council, City Attorney stated that the resolution could contain a specific time period for the committee, which could be changed later if more time is required. 0P'-St_f Council Minutes 12-18-96, Page 12 10. CHARTER CITY REVIEW COMMITTEE (Continued) Mayor requested information whether existing commissioners could be appointed to the conunittee, since it is a temporary committee; and that the resolution include staff for the committee, and reporting to the Council on a regular basis. ' City Clerk was directed to proceed with the noticing and selection process; and direction was given to Ore City Attorney to prepare au appropriate resolution for January 8, 1997 to establish a 7 member committee, with a time frame within which to recommend possible Charter amendments for the 1997 ballot. ] 1. PATROL VEHICLE LEASE/PURCHASE Recommendation: That the Council authorize the City Manager to enter into lease/purchase agreements with Ford Motor Credit Company via the Ford Municipal Finance Program for the lease/purchase of 22 Ford vehicles, including safety and (084- communications equipment, graphics, and applicable tax, total not to exceed $550,000. 013 ) City Manager highlighted the memorandum of the Director of Transportation. Director of Transportation noted that as mmy CNG fueled vehicles as possible will be purchased. Minute Order 5878 as recommended, was presented; after which, it was moved by Barnes, seconded by Hodges, and unanimously carried, Spurgin absent, that MO5878 be adopted. 12. ADDITIONAL LEGISLATIVE ITEMS: None CONSENT AGENDA: ' Director of Transportation responded to clarification questions by Councilmember Barnes concerning Item 17. 13. Res 18949 amending the budget to appropriate $79,000 concerning Loan Agreement (061- between the Agency and City (Linsu). Hodges abstain (Client). 021) 14. MO 5879 approving agreement with Interactive Design for re -roofing designs for the (117- Council Chamber, Animal Shelter, and die building at Village Green leased to the Agua 001) Caliente Museum, A3758. 15. MO 5880 awarding purchase of an asphalt rubber sealant melter/applicator to Absolute (084- Asphalt, for $29,364.90, for use by the Streets Division in the crack -filling program. 013 ) 16. MO 5881 awarding purchase and delivery of animal requirements of asphalt rubber crack (084- sealant to Maxwell Products, at $0.191 cents per pound for an estimated 200,000 pounds 013 ) ($41,160.50) for use by the Street Division. 17. MO 5882 approving Change Order No. I to coutract with Matich Corporation for (051- Taxiway A relocation, for an increase not to exceed $450,000, to allow for additional 020) Airport improvements, A3732. Abstain-Kleindienst (Client). 19. Res 18950, 19951 and 18952 approving Payroll Warrants and Claims & Demands. (086- Abstain-016238-Kleindienst 015 ) 19. MO 5883 awarding purchase of three replacement police motorcycles from Palm Springs (084-- Harley-Davidson Enterprises Inc., for $46,439.13. 013) 20. Res 18953 approving Final Parcel Map 26377 for the Edward Furer Revocable Trust, to divide property at 1000 Bogert Trail into two parcels, Sec. 35. (119- 001) It was moved by Barnes,, seconded by Hodges, and unanimously carried, Spurgin absent, that R18948 through 18953 and MO 5879 through 5883 be adopted, with abstentions as noted. Council Minutes 12-18-96, Page 13 ADDED STARTERS: None. REPORTS & REQUESTS: CITY COUNCIL reports or requests PUBLIC reports or requests , DEPARTMENT reports or requests - received and filed Treasurer's Investment Report, October, 1996 STAFF reports or requests ADJOURNMENT There being no further business at 11:20 p.m., Mayor declared the meeting adjourned. JUDITJI SUMICH City Clerk