HomeMy WebLinkAbout11/18/1987 - MINUTES CITY OF PALM SPRINGS
42.; CITY COUNCIL MINUTES
NOVEMBER 18, 1987
A Regular Meeting of the City Council of the City of Palm Springs,
California, was called to order by Mayor Bogert, in the Council
Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, November
13, 1987, at 7:30 p.m.
ROLL CALL: Present: CounciImembers Apfelbaum, Birer, Foster,
Smith and Mayor Bogert
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 policy an November 13, 1987. Items 24 through
28 were determined eligible for consideration upon unanimous
approval at the study session, November 17, 1987.
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 Birer, seconded by Apfelbaum, and
unanimously carried, that the Minutes of October 27, 1987
be approved.
PUBLIC HEARINGS:
1. TPM 22700 - PRECKWINKLE ,
Recommendation: That the Council approve a tentative
parcel map to divide forty acres into four parcels for
property on the east side of Gene Autry Trail, south of
Mesquite Avenue.
Director of Community Development reviewed his memorandum, (119)
and stated that the property is vacant, with the exception
of the Desert Water Agency development; that question
was raised at the study session whether the mid-valley
parkway could be taken into consideration, and a condition
could be added to put the developer on notice that Mesquite
Avenue has been identified as part of the proposed parkway,
and future General and Specific Street Plans may require
additional dedication for such purposes. He stated that
the proposed resolution has been revised accordingly;
that General Plan amendments are under consideration by
the Planning Commission, and it could be added to those
being considered, however, his understanding is that the
location is questionable.
Mayor declared the hearing open; there were no appearances,
and the hearing was closed.
Resolution 16333, as revised, approving TPM 22700, was
presented; after which, it was moved by Apfelbaum, seconded
by Birer, and unanimously carried, that Resolution 16333
be adopted.
ICouncil Minutes
( 11-18-87 Page 2 4 24
2. TPM 20943 - ORMSBY, ET AL
Recommendation: That the Council approve a tentative
parcel map to divide Section 5 in Palm Hills into an east
and west one-half. Section 5 is generally located in
the area adjacent to Cathedral City.
' Director of Community Development stated that the property
was originally proposed to be detached and annexed to
Cathedral City, however, that did not materialize, and
the purpose of the map is to recognize a prior sale of
a portion of the property.
Mayor declared the hearing open.
Bob Mainiero, engineering, requested approval.
Resolution 16334 approving map, as recommended, was
presented; after which, it was moved by Apfelbaum, seconded
by Smith, and unanimously carried, that Resolution 16334
be adopted.
3. P.D. 185 & GPA 5.0456 - DESERT HOSPITAL EXPANSION
* Recommendation: That the Council approve a, planned
development district, in-lieu of a change of zone, for
expansion of the Desert Hospital; and amendment to the
General Plan Land Use element to expand the area under
the "Hospital" designation; and amendment to the General
Plan Street Plan to delete a portion of Paseo El Mirador,
between Indian Avenue and .Via Miraleste.
Councilmember Birer stated that he serves on the Desert (116)
Hospital Foundation Board, and he did not believe he had a 101
conflict of interest, but would abstain on the appearance
of conflict.
Planner Patenaude reviewed in detail the Memorandum of
Director of Community Development, dated November 18,
1987, also noting the relationship of the heliport to
surrounding area, and its eventual relocation to the top
of one of the future towers; the relationship of the future
towers to the existing tower, and that it will not be
any different in terms of views from surrounding property
than the existing tower; and the flight pattern which
has been approved by the FAA.
In answer to questions by Council , he stated that the
open space requirement is 400m, and each phase ranges from
34-36%; that the parking structure is proposed in Phase
4, and the parking for the medical offices on Indian Avenue
will be divided from the remainder for the hospital; that
the ultimate height of the structure will be 24 feet,
which is the allowable height under the R-2 zoning along
the north side of Pasco El Mirador; that the project
complies with setbacks; and that patient carriers who
' work with the hospital will be contacted and given the
flight pattern.
Mayor declared the hearing opened.
Mike Fontana, Desert Hospital Vice-President for Planning
and Construction, stated that the plan anticipates growth
of Palm Springs and the desert into 2000, and meets health
care needs and demands, and to changes in medical delivery
demands and services; that he requested clarification
of Condition No. 2; that, concerning Condition No. 3,
Council Minutes
11-18-87 Page 3
1. P.D. 185 (Continued)
a setback variance has been requested for the nursing
towers; that he does not think the Hospital is responsible
for 100%, nor even 50%, of the traffic generated at Via
Miraleste and Tachevah and it should not pay the full
cost for a traffic signal ; and that ownership can be
demonstrated for all of the property, and opposed the
requirement to file a parcel map prior to submitting grading '
or paving plans; that he would like to obtain the grading
permits before proceeding with the parcel map; and that
he did not object to the payment of drainage fees, as
long as it applied only to the amount of land that is
currently permeable and which will be rendered impermeable
as a result of construction.
In answer to questions by Council , Mr. Fontana stated
that complaints concerning the heliport may be directed
to him; that if a pilot were unfamiliar with the pattern,
he would contact the FAA Tower first; that the heliport
will have landing lights, and its continuing safety is
under the jurisdiction of the CalTrans Division of
Aeronautics for inspections and regulations; that there
are no plans at this time for office space other than
what was shown on the plan; and that the entrance will
be changed in Phase 2, which will bring people to the
center of the hospital, rather than at both ends.
Cathy Newman, 434 The Palms, stated that the Council should
not be in a hurry to give approval since; the Hospital
has not demonstrated that there is a need for the expansion;
that she questioned how many of the 19 transports in the
past months have been life-threatening situations; that ,
it has not been shown that there will be appropriate
protection for the neighborhood, nor, that it will be
preserved; that helicopters have been landing on the street,
in violation of the law, for many years; that whether
the Hospital is full , will depend on the helicopter
service; that a glide slope of 100 simply means 150 feet
or less above the homes; that the neighborhood will be
altered completely, properties devalued by the intrusion
of the landings, and neighborhood safety is in jeopardy;
that, if it is approved, it should be conditioned to exclude
any commercial use of the helipad, e.g. , landing dignitaries
and celebrities; that the burden of proof is on the Hospital
that the need exists today which cannot be met through
the Airport, which is less than seven minutes away.
Mary Lawler, 2268-E North Indian Avenue, stated that she
lives five blocks away from the Hospital, and has had
experiences of considerable noise from the helicopters
flying low and landing in the vicinity of the Hospital ;
that the Hospital has maintained for years that it has
had the right to land in the street without a permit,
which is not true, rather it could only be done for 150
days without a permit, but the Hospital has been doing
it for fifteen years; that she has received conflicting
information as to flight directions, all of which effect
large numbers of residents for a site which 'is only one-half
block away from dwellings, and 100 feet from apartments,
and any crash would be in a residential neighborhood;
that helicopter service is not mandatory for a trauma
center, and is not a vested right for a hospital; and
if the heliport is approved, it should be moved to Indian
and Tachevah, or deferred to another phase and built atop
one of the nursing towers.
Council Minutes 4 2 G
11-18-87 Page 4
3. P.D. 185 (Continued)
Mr. Fontana stated that there will not be any commercial
use of the helipad, and the Planning Commission is so
conditioned, and there are no plans to sell the hospital.
Dr. (?) stated that transport from the Airport is passible,
however, the additional seven minutes is vital in trauma
cases; that most modern trauma centers have helipads;
that Desert Hospital is the only trauma center in the
Coachella Valley, and the next nearest is in Loma Linda
or at Riverside General Hospital ; that the Hospital does
not always have a choice whether to accept patients in
that manner; and that helicopter is the way of the future
for medical transportation and medical care.
In answer to questions by Council , Director of Community
Development stated that as long as the parcel map is in
process, there is no problem proceeding with grading;
that the drainage fee does not apply to the total property;
and that traffic studies, and the fact that at build-out
the Hospital will have parking for 2,000 cars, demonstrates
that the Hospital has a major impact on traffic in the
area, and the installation of the signal would only be
required when warrants are met.
There were no further appearances, and the hearing was
closed.
Councilmember Apfelbaum stated that she favored a condition
that the Hospital seriously consider undergrounding some
of the parking, which would resolve some of the deficient
open space.
Director of Community Development stated that it should
be a matter of record if that is desired, and it can be
looked at in more detail when the plans are finalized.
He also stated that if the heliport is found to be a
nuisance to the neighborhood, the City has the ability
to reconsider the permit, and to the Council could withdraw
approval.
Councilmember Smith stated that it is somewhat of a nuisance
situation, but the lifesaving aspect overcomes that; and
that the helicopters have been landing there for some
time, and he was not aware of any complaints.
Councilmember Apfelbaum stated that population growth
will mean more helicopter 'landings, as well as more landings
as it becomes a more popular mode of transporting patients;
and that she favored another public hearing at the end
of one year relative to the helipad.
Councilmember Foster stated that he lives in an area where
helicopters are used for search and rescue, and are
' tolerated because it means saving someone's life; and
an established flight pattern will lessen the disturbance.
Council Minutes
427 11-18-87 Page 5
3. P.D. 185 (Continued)
Resolution 16335 amending the General Plan, as recommended,
and Resolution 16336, approving the P.D., as recommended,
were presented; after which, it was moved by Foster,
seconded by Apfelbaum, and unanimously carried, Birer
abstaining, that Resolutions 16335 and 16336 be adopted,
subject to additional condition in Resolution 16336 that
the heliport be reviewed at the end of one year, or sooner '
in the event of complaints, and that undergrounding the
parking structure be reviewed prior to construction.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING A PLANNED DEVELOPMENT
DISTRICT IN-LIEU OF A CHANGE OF ZONE FOR DESERT HOSPITAL
AT 1150 NORTH INDIAN AVENUE, SECTION 11.
It was moved by Foster, seconded by Apfelbaum, and
unanimously carried, Birer abstaining, that further reading
be waived and the Ordinance be introduced for first reading.
PUBLIC COMMENTS:
a) Airport Ground Access Fees:
Allen Perrier, Attorney, 3001 Tahquitz, read a scenario
from the perspective of a visitor to Palm Springs
arriving from out-of-town via his travel agent, via
the Airport, and renting a car from Alamo for four
months, suggesting that it was going to cost him 8%
of the rental for driving one mile from the Airport '
to the Alamo lot to pick up the car; and stated that
the point of his illustration was to question what
the real service is that is provided to on-site vs.
off-site car rental agencies.
(51)
Howard Conklin, Attorney, Fort Lauderdale, stated
that there is no Appellate Court decision today which
permits or allows such fees; that the Sarasota case
only provided a ruling in one of three areas, two
of which will now go back to the trail court; that
SB 1334 provides that 7-B% fees are unreasonable and
unmanageable; that on-site operators pay 10% to business
at the Airport, and do not pay for signs, lobby space,
air conditioning, license, restrooms, etc. , and receive
ready car lot space, all of which is included in the
10%; that an 8% fee for off-site operators will mean
paying $100,000 in permit fees to simply pick up clients
at the bus stop, at a place which is inconvenient,
and provides no protection from weather conditions.
Bill Smith, stated that he has never had an opportunity
in fifteen years to compete for Airport space; that
he has no identification as to where the rental vehicles
are parked, or where people can find him; that he '
receives nothing for the fee; that the advertising
signs are $600-800 each, plus the cost of the sign,
and there are no spaces available; that a huge number
of people renting cars go down valley, and the City
does not receive revenue from them; that on-site
operators are currently advertising for customers
to pick up cars away from the Airport and save 10%
on the rental; that small car rental operators should
be given similar breaks as small hoteliers.
Council Minutes
11-18-87 page 6
a) Airport (Continued)
Don Sherman, Thrifty Car Rental , stated that he did
riot see any equity between what is paid and what is
received; that it costs $600 per vehicle to go into
the Airport; that LAX charges are based on a per trip
' for vans; and that if the operator received something
in return for the 8% there might not be any problem.
Mr. Scott, Alamo, suggested that bids be 'taken for
the Airport onsite agencies, or if that is not possible,
to have a flat fee of $5,000 for a bus permit, or
a per trip fee of $.32. He stated that 90% of his
business is prearranged, and he pays travel agents
15%; and an 8% fee would limit competition.
b) John Wessman, 72200 Clancy Lane, Rancho Mirage, stated
that he was available for questions concerning the
Welwood Murray Library Item 4.
c) Jim Stuart, 1037 Tamarisk, suggested that the Council
consider a South Palm Canyon Project Area Committee
for developing a comprehensive plan for the downtown,
and to serve as a catalyst to make it easier for
" developers to carry out projects.
d) George Goldberg, Palm Springs, commented on items
on the Mayor's and other officials expense reports;
the Cameron Center demolition project; harassment
of small business owners, i.e., doing away with the
F Harlow Mall, and not saving the "old barn;" the expense
' of putting chalk on the his tires for parking his
motorhome; and paying $500 for a photograph of work
in Cathedral City.
LEGISLATIVE ACTION:
4. WELWOOD MURRAY LIBRARY REFERENDUM PETITION
Recommendation: Consider and choose among options for
action upon referendum petition concerning sale of Welwood
Murray Library. Certificate of City Clerk determining
Petition Sufficiency was included in materials provided.
City Attorney reported that on September 8, 1987, the
Council authorized the sale of the branch library; that
a referendum petition was circulated, and qualified, and (83)
that: the Council has the option of either submitting the
effectiveness of the action to a vote of the electorate,
or rescinding 'the action.
Councilmember Birer read a prepared statement, which was
also read at the study session, outlining a proposal worked
out between Mr. Wessman, the Redevelopment Director and
himself, to preserve the library as an historical building
' and as a library under the Library Board, proceed with
a project to make better use of a prime piece of property,
and provide a different location for tenants, and address
a serious parking need downtown. (See City Clerk's files
for reference).
Councilmember Smith stated that he would support the action,
based on assumption that Mr. Wessman is agreeable.
Resolution 16337 rescinding Resolution 16293 was presented;
after which, it was moved by Birer, seconded by Foster,
and unanimously carried, that Resolution 16337 be adopted.
Council Minutes
429 11-18-87 Page 7
5. AIRPORT - COMBS GATES LEASE/PROPERTY RECAPTURE
Recommendation: That the Council approve Supplemental
Agreement No. 5 to lease agreement. No. 684, to establish
terms by which the City will recapture a portion of the
leasehold. This item was reviewed in study session, and (51)
no further report was given.
Minute Order 4068 approving supplement, as recommended, '
was presented; after which, it was moved by Birer, seconded
by Smith, and unanimously carried, that Minute Order 4068
be adopted.
6. AIRPORT - GROUND ACCESS FEES
Recommendation: That the Council amend the Comprehensive
Fee Schedule to incorporate Airport Ground Access Fees;
and establish permit procedures for non-tenant, rental
car operators at the Airport. 9
Director of Transportation stated that the fee schedule 9
covers a variety of fees, and not just those related to
off-site operators; that the fees related to off-site
car rental operators is patterned after the Sarasota court
case; that the Airport Commission has recommended different
classes and different fees, i.e. , buses, taxis, limousines,
etc; that a schedule has been worked out to meet those
needs, but it is also recognized that not all involved
will be happy; that a flat fee has been in place for offsite
car rentals, and the opportunity to change that is a result
of the court case, and is very salient as to what the (510 5
Commission is trying to do in terms of maximizing the
return 'to the Airport on business opportunities it creates; '
that the court case ruled this type of fee is appropriate,
in particular it related to a 10-10 percentage basis;
that he understood Senator Chiles Bill (SB 1834) was
introduced and is in conference, and will not come out
this year; that there are seven firms operating at the
Airport, of which two have permits; that the proposed
fee does not differentiate between the type of car rental
company by size or reputation; that he would not object
to removal of the bonding requirement, the result of which
would benefit smaller companies; that $31 million in Airport
improvements is proposed over the next eight years, and
the consumer ultimately will pay the cost paid up front
by revenue generated from sources on the Airport, Airlines,
and through Federal Grants. He explained how the 8% was
determined (see formula in his report on file with City
Clerk), and stated that if the Council wished to grant
more than .7% for the intangible benefits the on-site
operators receive, a 7% rate for off-site operators would
make those intangibles worth 1.7%; that the City is not
in a position to re-open on-site car rental facilities
until 1990, and the process will begin in December, 1989.
He stated that the various reports he has submitted are
a part of the record, and files in his office are also
available for inspection. '
In answer to questions by Council , Director reported that
for the 10% the City receives, the on-site operator receives
counter space, advertising space„ parking on-site, ready
lot, and other amenities; and it was these benefits which
were calculated and then subtracted from the 10% to reach
the 8.7% for off-site operators, and the additional .7%
was deleted to cover the intangibles. He also stated
that the courts have said that the calculation does not
have to be scientific, only that it be equitable; that
he believes 8% is equitable, and 7% is also equitable.
Louncil Minutes
11-18-87 Page 8
32
6. AIRPORT GROUND ACCESS (Continued)
He stated that space is available on the telephone board;
that sign space is at a premium, and the advertising agency
will be presenting something in the near 'future for
additional spaces.
Councilmember Birer stated that he believed off-site
' operators should pay a fee; that a 3% difference is
equitable for the convenience of on-site, and those things
which are hard to put a value on; and that he concurred
in removal of the bonding requirement.
Councilmember Apfelbaum stated that she had some concern
about the bus stop pickup, which sounded rather minimal.
Director of Transportation stated that the redesign of
the roadway will result in designating other spaces closer
to the terminal ; that shade has not been a problem, because
activity is slower in the summer, but it can be looked
at.
City Attorney stated that the bonding requirement was
also applied in the Room Tax Ordinance, however, it has
rbeen found that if the operator is in compliance with
the computations required, and there is remittance of
the fees, the bond is superfluous, and with smaller car
rental operators, the amount of the bond may be more than
the liability of the fee, and with larger companies, it
is not enough; that it may be a nice feature, but not
necessary; and that if problems develop, he believed bonding
,
could be required in specific instances.
' Resolutions 16338 and 16339, amending Fee Schedule and
establishing permit and procedures, as recommended, was
presented; after which, it was moved by Birer, seconded
by Apfelbaum, and unanimously carried, that Resolution
16338 and 16339 be adopted, subject to deleting Section
3.E of Resolution 16339 (bonding) and revising Section 3.F
to impose a 7% fee rather than 8%.
7. MUNICIPAL CODE AMENDMENT (Introduced 11-4-87)
City Clerk read title of Ordinance 1292, regarding Airport
Rules and Regulations; after which, it was moved by Birer,
seconded by Apfelbaum, and unanimously carried, that further
reading be waived, and Ordinance 1292 be adopted.
8. OTHER LEGISLATIVE MATTERS (none)
CONSENT:
9. MO 4069 approving amendment to Agreement 2315 with Willdan
Associates, for in-house plan checking and structural inspection
services.
10. Res 16340 approving Amendment no. 1 to MOU with PEARC to revise
grievance procedures.
t 11. Res 16341 approving amendments to Personnel Rules, pursuant
to previously approved Memoranda of Understanding with the
General, Fire and Police units.
12. MO 4070 approving Change Order No. 1 (Final) to increase
contract with Massey Sand & Rock by $24,026.11 for work on
Tahquitz Way, CP 82-65, Agr #2245.
13. Res 16342 amending parking zones on Palm Canyon Drive between
Alejo and Tahquitz Way.
Council Minutes
4'-3'� 11-18-87 Page 9'
14. MO 4071 awarding contract to Allred & Kyser Construction Co.,
for Sunrise Way Bikeway, from North Riverside Drive to Sunny
Dunes, for $17,620 - CP 86-11, Agr #,2517.
15. MO 4072 awarding contract to Allred & Kyser Construction Go. ,
for Vista Chino Bikeway, from Via Negocia to Farrell , for
$44,200, CP 86-13, Agr #2518.
16. MO 4073 awarding installation of seven safety street lights '
at various locations to Southern California Edison, for $13,414,
CP 87-59.
17. MO 4074 ratifying emergency purchase of exhaust pipes from
D.M.E. , Inc. for $10,014.88, for the cogeneration plants.
18. MO 4075 authorizing withdrawal from the Emergency Management
Assistance Program.
19. MO 4076 awarding purchase of sand, gravel and rock from Massey
Sand & Rock, at varying prices, for street concrete repairs
to damaged City sidewalks, gutters and curbs.
20. MO 4077 awarding purchase of three mini-pickup trucks -from
Marshall Motor Cars, Inc. , for $28,657.10.
21. Res 16343 approving an agreement with Execu-Fit for purpose
of performing base line wellness assessments for approximately
200 employees estimated at $36,000, and to provide consulting
services for the.establishment of the program, Agr #2519.
22. Res 16344 and 16345 approving Payroll Warrants and Claims
& Demands.
23. Motion confirming Desert Hospital District Board's appointments ,
for John Stiles and Michael Kahn to the Desert Hospital
Authority, for terms ending January 1, 1991.
It was moved by Smith, seconded by Foster, and unanimously
carried, that Resolutions 16340 through 16345 and Minute
Orders 4D69 through 4077, and motion in Item 23, be adopted.
ADDED STARTERS: The following items 24 through 28, upon unanimous
approval at the study session, were determined eligible for
consideration; items were individually reviewed at the study session;
and upon motion by Birer, seconded by Smith, and unanimously carried,
Minute Orders 4078 through 4062 were adopted:
24. MO 4078 awarding installation of two air conditioners at the
J.C. Frey Building, to Thomas Air Conditioning for $12,348.28,
Agr #2520.
25. MO 4079 approving purchase of stage and table skirting for y
the Convention Center, from A-Z Rental Center, for $7,471.72
26. MO 4080 awarding purchase of wallcovering in the prefunction
area of the Convention Center from Vicrtex Wallcoverings,
for $6,664.01; and waiving formal bids.
27. MO 4081 waiving formal bid procedures, and authorizing City ' r
Manager to approve a contract for an amount not to exceed
$12,500 for installation of conduit for the public address
system at the Airport.
Council Minutes
11-18-87 Page 10
t
28. MO 4082 approving Amendment No. 3 to Agreement 2328 with Anthony
Araiza & Associates, to provide an increase of $10,000 for (51 )
additional work, for a total compensation of $53,800, and
to extend the term of the agreement to June 30, 1988.
REPORTS & REQUESTS:
29. CITY COUNCIL reports or requests - None
30. PUBLIC reports or requests - None
31. STAFF reports or requests
a) Blue Ribbon Budget Committee: In response to question
by City Manager, Council consensus was to meet with
the Committee in study session format December B.
1987, starting at Noon, to work through basic issues,
and provide any direction to staff that may be
appropriate.
ADJOURNMENT
There being no further business at 9:40 p.m. , Mayor declared
the meeting adjourned.
9JU:0:ITH SUMICH
City Clerk