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Home My WebLink About1/6/1988 - MINUTES " i CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 6, 1988 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, January 6, 1988 at 7:30 p.m. ROLL CALL: Present: Councilmembers Apfelbaum, Birer, Foster, Smith and Mayor Bogert Absent: None The meeting was opened with the Flag Salute and Moment of Silence. REPORT OF POSTING OF AGENDA: Report of City Clerk: Agenda posted in accordance with Council policy on December 31, 1987. PRESENTATION OF AWARDS: FIRE DEPARTMENT, CITATION OF MERIT: Presented to Steve (74) Kaufer. 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 unani- mously carried, that the Minutes of December 7 and 16, 1987 be approved. PUBLIC HEARINGS: 1. TPM 21832 - DESERT PROFESSIONAL BUILDING PARTNERS Recommendation: That the Council approve a Tentative Parcel Map to combine two parcels on the north side of Tachevah, between North Palm Canyon and North Indian Avenue, C-1 zone. Report highlighted by Director of Community Development. Mayor declared the hearing opened; there were no appear- (119) ances, and the hearing was closed. Councilmember Apfelbaum abstaining due to interest in real property to the north of the site. Resolution 16369 approving TPM, as recommended, was presented; after which, it was moved by Smith, seconded by Foster, and unanimously carried, that Resolution 16369 be adopted. PUBLIC COMMENTS: None I LEGISLATIVE ACTION: Council Minutes w , T� 1-6-88 Page 2 2. CATV REGULATORY ORDINANCE Recommendation: That the Council adopt a CATV Regulatory Ordinance, to provide for the establishment and granting of franchises or privileges for the construction, mainte- nance and operation of cable communications or cable television systems, and for the continuing regulation I and administration of franchises related thereto. Assistant City Manager reported that the process leading to the renewal of the CATV non-exclusive franchise to Warner Cable commenced about thirteen months ago with a public hearing for input as to the community' s needs for cable television, and residents' feelings about Warner; and that a consultant was retained to assist in completing the process, i .e. , developing a regulatory ordinance which applies to all cable companies, and negotiating a new agreement with Warner. Carl Pilnick, consultant for the City, stated that the ordinance establishes the guidelines for granting, regu- (89) lating, and renewing systems in the community; that it is compatible with the Federal Cable Act; that court cases may result in communities having to grant additional franchises, even if they do not wish to do so, therefore, the proposed ordinance would impose the same rules for all companies; and contains provisions for some flexibility in the future, e.g. , annual review as to quality, with public input, and opportunity to review new services being developed or available in other communities. He stated that the agreement, per se, will be presented at the January 20 meeting. I In answer to questions by Council , Mr. Pilnick stated that all rates have been deregulated, regardless of what the franchise may have provided; and that billing practices are generally considered part of the rate structure, and there is little that can be done to direct how that occurs, but the City has the right to protect consumers, and if the Council feels that those practices are damaging or discriminatory, it would have the power to raise that issue, however, he did not think that included specificity as to what the City would like to have done in the way of billing practices. He noted that this aspect has not been tested in the courts. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROVIDING FOR THE ESTABLISHMENT AND GRANTING OF FRANCHISES OR PRIVILEGES FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF CABLE COMMUNICATIONS OR CABLE TELEVISION SYSTEMS AND FURTHER PROVIDING FOR THE CONTINUING REGULATION AND ADMINISTRATION OF THESE FRANCHISES AND THE ACTIVITIES RELATIVE TO THEM. It was moved by Birer, seconded by Apfelbaum, and unani- mously carried, .that further reading be waived, and that the ordinance be introduced for first reading. J ac" Council Minutes 1-6-88 Page 3 3. AIRPORT TERMINAL - EXPANDED ADVERTISING Recommendation: That the Council approve Supplemental Agreement No. 1 to Agreement 2338 with Airport Displays, Ltd. , to provide expanded advertising facilities at the Airport Terminal . Director of Transportation highlighted his report, and noted that an additional $35,000 in revenue will be I generated, and there will not be any compromise of the Airport' s aesthetics. He also stated that: the agreement (51) has nine years left of a ten year term, and includes a 180-day notice to remove, without penalty, any advertising in the Terminal , and the size and color of the golf carts is limited. MO 4109 approving supplemental agreement, as recommended, was presented; after which, it was moved by Foster, seconded by Birer, and unanimously carried, that MO 4109 be adopted. 4. ZONING TEXT REVISION (Introduced 12-16-87) City Clerk read title of Ordinance 1294, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, INCLUDING INDIAN LAND SITUATED WITHIIN THE BOUNDARY OF THE CITY, ESTABLISHING LAND USE CLASSIFICATIONS; DIVIDING THE CITY INTO ZONES; IMPOSING REGULATIONS, (103) PROHIBITIONS AND RESTRICTIONS FOR THE PROMOTION OF HEALTH, SAFETY, MORALS, CONVENIENCE, AND WELFARE; GOVERNING THE USE OF LAND FOR RESIDENTIAL AND NON-RESIDENTIAL PURPOSES; REGULATING AND LIMITING THE I HEIGHT AND BULK OF BUILDINGS AND OTHER STRUCTURES; LIMITING LOT OCCUPANCY AND THE SIZE OF YARDS AND OTHER SPACES; ESTABLISHING STANDARDS OF PERFORMANCE AND DESIGN; ADOPTING A MAP OF SAID LAND USE ZONES; CREATING BOARDS AND DEFINING THE POWERS AND DUTIES OF SAID BOARDS; PRESCRIBING PROCEDURES FOR CHANGES OF ZONE, CONDITIONAL USE PERMITS, VARIANCES, AND OTHER PERMITS; PRESCRIBING PENALTIES FOR VIOLATIONS OF SAID ORDINANCE; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. It was moved by Foster, seconded by Birer, and unanimously carried, that further reading be waived, and that Ordinance 1294 be adopted. 5A. FPM 20943 Recommendation: That the Council approve final map to divide Section 5 (Palm Hills) into two parcels - Ormsby, et al . Director of Community Development reported that there is no approval for development in approving the (119) map. Resolution 16370, approving the final map;. as recommended, was presented; after which, it was moved by Apfelbaum, seconded by Birer, and unanimously carried, that Resolution 16370 be adopted. Council Minutes 1-6-88 Page 4 5B. STREET SWEEPER MO 4110, awarding purchase of a regenerative air sweeper from Public Works, Inc. , for $79,932.48, was presented, (84) after which, it was moved by Apfelbaum, seconded by Birer, and unanimously carried, that MO 4110 be adopted. CONSENT AGENDA: I 6. Res 16371 approving lease agreements with BA Properties I , Inc. , for Lots 1 and 3, Tract 14573, Airport Park Plaza, (51) and rescinding Agreement 1472, upon execution of said agree- ments, Agr #2528 and #2529. 7. MO 4111 approving hourly equipment rental rates of AMRA General Engineering, Inc. , for grading the DeMuth Park tourna- (109) ment ballfields, at an estimated cost of $5,720. B. Res 16372 and 16373 calling and giving notice of the General Municipal Election to be held April 12, 1988, and requesting (83) specified services of the Registrar of Voters; and adopting regulations for candidates pertaining to materials submitted to the electorate and the costs thereof. 9. MO 4112 approving agreement with DBX, Inc. , for replacement of vehicle loop detectors, for one year commencing January 6, (130) 1988, at prices ranging from $461 to $551 per detector, Agr #2530• 10. MO 4113 approving Change Order No. 1 (Final ) for a decrease in contract with Matich Corp. , of $12,023.75, for reconstruc- tion of the Municipal Golf Course parking lot, CP87-13, (92) Agr #2469. I 11. MO 4114 approving agreement with AYSO for use of DeMuth Park soccer fields for a five-year period commencing (109) September 14, 1987, Agr #2531. 12. Res 16374 approving Claims & Demands. (86) 13. Motion concurring in CRA action this date. (124) It was moved by Birer, seconded by Apfelbaum, and unani- mously carried, that Resolutions 16371 through 16374, Minute Orders 4111 through 4114, and motion in Item 13 be adopted. 14. COMMISSION APPOINTMENT: It was moved by Bogert, seconded by Foster, and unani- mously carried, that the reappointment of John Turlo (60) to CV Mosquito Abatement District, for term ending December 31, 1991, be approved. REPORTS OR REQUESTS: CITY COUNCIL reports or requests - None PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. --JUDITH MICH City Clerk