HomeMy WebLinkAbout1/20/1988 - MINUTES CITY OF PALM SPRINGS
_ CITY COUNCIL MINUTES
JANUARY 20, 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
20, 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 a Moment of
Silence.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with
Council policy on January 15, 1988; consideration of
appointments to P.O.S.T. was determined eligible for
consideration, upon unanimous consent at the last study
session.
PRESENTATION OF AWARD:
EMPLOYEE RECOGNITION AWARD: Presented to Gary Johnson,
General Operations Department.
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 Apfelbaum, seconded by Foster, and unani-
mously carried, that the Minutes of December 22 and 29,
1987 & January 6, 1988, be approved.
PUBLIC HEARINGS:
1. PUBLIC NUISANCE ABATEMENTS - CITYWIDE
On December 16, 1987, Council received Proceedings and
Accounting Reports for seventeen nuisances which have
been abated, and this is the time set by the City Clerk
for hearing thereon.
Enforcement Supervisor reported that of the seventeen
reports, five have been paid, and one withdrawn pending
notification of new owner; and that the reports were
reviewed at the last study session.
Mayor declared the hearing opened; there were no appear-
ances, and the hearing was closed.
Resolutions 16375 through 16385 confirming reports and
imposing liens were presented; after which, it was moved
by Birer, seconded by Apfelbaum, and unanimously carried, _
that Resolutions 16375 through 16385 be adopted.
Council Minutes
1-20-88 Page 2
2. AA CASE 3.0330 - WARM SANDS VILLA E
Consideration of appeal by Douglas Richie, Warm Sands
Villa, from Planning Commission decision regarding painting
of the building at 555 Warms Sands Drive.
Planning Director reviewed Memorandum of Director of
Community Development, noting that the painting had started
prior to Commission approval ; that the Commission approved
the light blue, but called for the dark blue to be changed
to grey or something else; that the AAC, by a split vote,
had recommended a restudy; that a complex of more than
ten units would have required architectural approval
since 1960; and that the work was discovered through
complaint from surrounding neighbors.
Mayor inquired if anyone wished to be heard.
Douglas Richie, appellant, stated that he has owned the
property since 1971, and was not aware that prior approval
was required for a paint change; that two units were
painted to get a reaction, and more were painted in July;
that he did not continue to paint after the citation
was issued; that he submitted an application fee of $225
in July, and it was returned to him several months later,
and he assumed it was alright, until he was notified
to appear in September for a City Attorney office hearing,
and as a result of the hearing, he agreed to apply for
approval ; that he does not believe the neighborhood has
been offended; and that repainting of 72 windows and
22 doors would create a financial hardship.
Councilmember Birer stated that the appellant is caught
in a case of not having been apprised of having to follow
processes that he should have followed; and although
he could understand the division of opinion on the AAC,
he did not consider that the photographs suggest that
the trim should be repainted another color.
Councilmember Apfelbaum stated that she did not take
a negative view of the colors, although they would not
have been her choice, but she was concerned about not
having followed processes.
Councilmember Smith stated that he, too, was concerned
about not having followed processes, but would find it
difficult to call the colors offensive, considering the
K-MART colors; and that the appellant now has a hardship
because he did the painting before approval was given.
Councilman Foster stated that he agreed with previous
comments, and that the appellant would have a hardship
to repaint it again, and hoped the owner would adhere
to requirements in the future.
It was moved by Birer, seconded by Foster, and unanimously
carried, that the Planning Commission action be overruled,
I and that the appeal be granted.
Council Minutes
1-20-88 Page 3
3. CATV FRANCHISE AGREEMENT - WARNER CABLE RENEWAL
Recommendation: That the Council approve an agreement
with Warner Cable Communications, Inc. to renew a non-
exclusive franchise to operate a cable communications
system in Palm Springs.
Assistant City Manager reported that concerns expressed
in 1986, at the last public hearing, have been addressed
in either the Ordinance, or the new agreement.
Carl Pilnick, City consultant, highlighted the details
of the agreement, also noted in memorandum of Assistant
City Manager, dated January 20, and on file with the
City Clerk. In answer to questions by Council , he stated
that the technical specifications are more stringent
than FCC requirements, and the quality of reception will
be considerably better than it has been in the past;
that the number of telephone calls, annual performance
tests, and annual customer surveys are benchmarks for
evaluating the upgrade, and to know it has been completed;
that the City has no right to directly control billing
procedures, but it can set consumer standards, and if
rates or billing procedures are considered discriminatory
against some people, it can make requests of the company
to make changes, but there is no legal ability to require
it to do so; that the franchise is non-exclusive, however,
companies do not usually poach on each other' s territories.
City Manager stated that the Congress has chosen not
to allow rate regulation, however, the franchise is in
the best position to control rates, if the authority
to do so is granted.
It was noted that Councilmembers Smith and Apfelbaum
served as a Council subcommittee to work with the Assistant
City Manager and Mr. Pilnick.
Assistant City Manager read letter from Alex Jablow,
which is on file with the City Clerk, asking that the
City closely monitor the franchisee, and desigate one
public official to receive all complaints, and not Warner.
Mr. Vaughn, KESQ, advocated renewal of the agreement,
and stated that service and plans: upgrade offer significant
improvements to the community; that "must carry" local
originations was deleted, added, and then deleted again
from the Act, and he suggested that Warner continue to
carry the local stations as part of basic service.
Gerald DeGrazia, Director of Community Relations, Warner
Cable, stated that the company intends to upgrade in
less than 36 months; that the agreement provides firm
customer service standards and procedures for extraordinary
customer concerns, which can be brought to the Council
for resolution; that he pledged financial and technical
support of local programming; that expanded basic service
is proposed, and the final number of channels is to be
determined - 30-35; that if the customer has a cable-ready
set, and desires basic service only, a converter will
not be required; that he believes the customer service
process is good, and includes the designation of one
City person as a coordinator, who will become involved
if the complaint is not handled at the Warner level first,
and that process will be explained to all customers.
Council Minutes
1-20-88 Page 4
3. CATV (Continued)
Karen Broach, Warner Cable, stated that 90% of the system
is within Palm Springs.
In answer to question by Mr. Broadi , Mr. DeGrazia stated
that basic service does not include the "premium" package
(movies) . Mr. Broadi stated his impression that the
Council could regulate rates if there are two or more
channels received without the cable, and asked that C-Span
and other channels be included.
Selma Bernstein, 2000 Tamarisk, stated that there was
poor publicity on the hearing, and that she pays over
twice what a person is paying in Rancho Mirage.
Mr. Pilnick stated that cable rates will increase regard-
less of whether the system is upgraded, or if the City
decided it did not want the $275,000 for PEG; that rates
will be whatever the market will bear; that if the City
did not get any benefits, and no franchise fee, and said
it did not want other benefits, those savings would not
be passed on to the subscriber; that the franchise fee
can be listed separately, however, it has been paid to
the City for many years (although a different percentage)
and a separate line item on the bill , makes it appear
as if it is something new.
Mr. DeGrazia stated that the service will be priced to
get more customers, and at a level that allows continuing
development of the system, and generating a fair return
to the company, and it is quite possible that some people
(if currently on a tier level ) will see a rate reduction;
and that the company will maintain a dialogue with the
City relative to rates.
John Wiser (sp?) 3395 Avenida Fey Norte, objected to
poor signal quality, and lack of responsiveness by Warner
in correcting the problem, which it blames on microwave
operators who are not under its control ; that FM reception
has been down, and bills have not been reduced; that
he was concerned whether the technical specifications
address concerns about lines and shadows in the reception;
that the City can control the term of the franchise,
which he felt, in turn, governed the rates the company
would charge; and questioned what the rate will be between
now and March 1, when the agreement takes effect.
Cynthia Hardy, 2291 Rogers Road, stated that there is
no forum to complain about the company, and to address
issues about rates; that she objects to the high price
for premium channels, and the increased franchise fee;
and that she encouraged subscribers to write to their
Congressmen about getting rate regulations back.
Bill Hudson, 6147 Arroyo, agreed with the importance
of writing to Congress; and stated that the Council has
control over the term of the franchise, and suggested
granting a short-term, and inviting other firms to submit
proposals.
Deyna Hodges, 2122 E. Baristo, questioned why it is neces-
sary to act now, considering the fact that the franchise
does not expire until November, 1989.
_,, ,Council Minutes
' 1-20-88 Page 5
3. CATV (Continued)
George Goldberg stated that a number of years ago, the
City looked into financial transactions of P.S. TV,
concerning channeling of funds to other corporations,
and the rates went up at that time; that people can cancel
the service; and that the company will not stay if it
does not get any business.
There were no further appearances.
Mr. Pilnick stated that a zero term contract makes the
situation worse than it is; that less than 5 out of 7,000
cable companies throughout the country have been thrown
out of their communities; that the unregulated monopoly
is beginning to attract others, which was not the case
years ago; that there are new companiies which do not
have the concern about being poached on by others, and
therefore, they might be more willing to come into an
area; that court cases are pending concerning First Amend-
ment rights, and whether a franchise is needed; and that
Congress is under pressure to review the Act.
City Manager stated that the Palm Desert suit is being
watched, and if it is upheld, the ability to affect rates
will be looked at; and that the Council may wish to direct
staff to also write to Congress.
Mr. Pilnick stated that the long term is justified in
that the company will spend a lot of money in upgrading
the system, which was considered a major item in the
negotiations; that unless the existing system is substan-
tially rebuilt, there will be more and more complaints;
that the Council should not be distracted by the length
of the term; that if a month-to-month franchise was given,
the system would still be in place sixteen years from
now; that if there were a practical way to get the company
out, there would be no service in town for three to four
years while another company was being sought, and its
system put into place, and in the meantime, there would
be a huge legal battle with Warner; that the City of
Santa Cruz has spent over $1 million in its litigation;
that if it is a good, profitable system, it is a $50-$100
million asset, from which the company will not pack up
and walk away; that the alternative is an agreement that
seems reasonable and benefits the City; that the 5%
franchise fee is rent for using the City' s rights-of-way,
and applies to basic service; that approving the agreement
now, rather than in 1989, relates to how much of a desire
there is as to how fast the rebuild should happen; and
that a separate company collects the signals from Los
Angeles and microwaves them to Palm Springs, and the
quality varies, and to some extent the problems with
the reception are out of the control of Warner•, however,
that is not the case with satellite or local origination
reception, and Warner has responsibility for that.
Mr. DeGrazia stated that they do not take the position
that microwave service is out of their control , and they
are working with the provider to improve the situation;
that they do not have problems with satellite reception;
that there are provisions for prorated rebates for lack
of service due to certain circumstances; that they value
their relationship with local broadcasters, and there
are no plans to drop any local channels from the system.
Council Minutes
1-20-88 Page 6
3. CATV (Continued)
Assistant City Manager stated that the franchise is
effective February 19, however, the 5% franchise fee
commenced on March 1.
Councilmember Smith stated that the primary benefit is
getting the system upgraded; that if the additional time
were not given on the term, the upgrade would not happen;
that the franchise is non-exclusive; and that the Council
cannot control rates, or channels.
City Manager stated that it is appropriate for the City
to take a role in resolving complaints which are not
resolved by the company, which is currently the process,
but the City should not become the first point for
complaints, which would make the City the company' s
switchboard.
Mr. Pilnick stated that the City should not be the first
resort to solve problems; that the company should solve
as many as it can; and that the Ordinance provides for
monthly reports, which the City's coordinator can use
to follow trends.
City Clerk read title of Ordinance 1295 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.
Resolution 16386 approving Agreement 2535, as recommended,
was presented; after which, it was moved by Birer, seconded
by Apfelbaum, and unanimously carried, that further reading
be waived, and that Ordinance 1295 and Resolution 16386
be adopted.
PUBLIC COMMENTS:
a) George Goldberg commented on retention of legal counsel
for public nuisance abatements, contending that the
cost is a rip off of the public; and on expense reports
of various officials who attended the League of
California Cities Conference.
4. BICYCLE TRAIL - CATHEDRAL CANYON COUNTRY CLUB
Recommendation: That the Council authorize execution
of documents which will abandon the existing bicycle
trail easement through Cathedral Canyon Country Club,
in favor of relocation and construction of it adjacent
to the existing equestrian trail throughout the Country
Club.
Director of Parks, Recreation & Library reported that
this matter was reviewed 'in detail at the last study
session; that the action will correct all encroachments
into the equestrian easement; that a ten-year indemnity
provision is recommended by the Risk Manager; and that
the Parks & Recreation Commission and Desert Riders both
recommend approval .
Council Minutes
1-20-88 Page 7
4. BICYCLE TRAIL (Continued)
Councilmember Foster requested that this matter be delayed,
pending a field trip; that he has talked with POST and
staff members, and believes the location is not conducive
to having a good bicycle riding experience; and that
the problem should not be compounded for the sake of
expediency.
Janet Abrams (?) and Mark Trever (?) both on behalf of
a "Trails Committee" spoke in support of the Coachella
Valley Bikeway system, and a linkage to allow undercrossing
of Date Palm.
It was moved by Foster, seconded by Apfelbaum, and carried,
Bogert voting No, that this matter be tabled.
5. MULTI-MODAL TRANSIT CENTER
Recommendation: That the Council approve, agreement with
the CalTrans for a $10,000 multi-modal transit center
planning matching grant (primarily for the relocation
of the bus depot) - Agr #2536.
Redevelopment Director reported that three sites will
be considered, i .e. , the former DMV building site on
El Cielo, the Corporation Yard, and the property in Section
14 purchased for relocation of Fire Station 1; and that
consideration of any other site would be at the City' s
discretion, but not a part of the matching grant program.
MO 4115 approving agreement, as recommended, was presented;
after which, it was moved by Smith, seconded by Apfelbaum,
and unanimously carried, that MO 4115 be adopted.
6. REDEVELOPMENT SURVEY AREA 9
Recommendation: That the Council designate various areas
throughout the City as part of Redevelopment Survey Area
9, for the purpose of further review to establish
boundaries for a new redevelopment project area.
Councilmember Foster stated that he owns property in
the proposed area, and would abstain from discussion
and voting.
Director of Redevelopment reported that on February 10,
the City' s legal consultant will look at the justification
for redevelopment in the area; and the final product
will be the preparation of a preliminary plan to be sub-
mitted to the Planning Commission.
Resolution 16387 designating Survey Area, as recommended,
was presented; after which, it was moved by Birer, seconded
by Apfelbaum, and unanimously carried, Foster abstaining,
that Resolution 16387 be adopted.
Council Minutes
1-20-88 Page 8
7. TAHQUITZ CONE PARK SITE PLAN
Recommendation: That the Council approve agreement with
T.K.D. Associates for landscape architectural services
in connection with the Tahquitz Cone Park, for an amount
not to exceed $18,500 - Agr #2537. Report highlighted
by Director of Parks, Recreation & Library.
MO 4116 approving the agreement as recommended, was
presented; after which, it was moved by Apfelbaum, seconded
by Foster, and unanimously carried, Smith abstaining,
that MO 4116 be adopted.
Councilmember Smith' s absention due to a tenant relation-
ship.
CONSENT AGENDA:
8. Res 16388 amending the Comprehensive Fee Schedule R16319
to increase charge for mailing individual copies of the
City Council and Community Redevelopment Agency minutes
and agendas for regular meetings.
9. MO 4117 ratifying emergency repairs to the Cogeneration
Plant by Hampton Tedder, for $6,754.
10. MO 4118 approving Change Order No. 1 to contract with
Universal Flooring, Inc. to install approximately 4,000
square feet of rubber sports tile at Angel Stadium, for
$24,980 - Agr #2512.
11. Res 16389 through 16395 approving Payroll Warrants and Claims
& Demands.
12. MO 4119 approving joint participation agreement with the
County for maintenance of traffic signals and safety lighting
at Gene Autry Trail and Vista Chino - Agr #2538.
13. Motion concurring in CRA Resolution 506.
It was moved by Apfelbaum, seconded by Birer, and unani-
mously carried, that Resolutions 16388 through 16395
and Minute Orders 4117 through 4119, and motion in Item
13, be adopted.
REPORTS & REQUESTS:
14. COMMISSION APPOINTMENTS
It was moved by Bogert, seconded by Foster, and unanimously
carried, that new appointments of Nathan Israelson, and
John Fitzgerald (terms 6-30-89) and of Paul Kamins
(6-30-88) , and reappointments of Members Gordon, Kirby,
Selzer, Poliak, Taylor, Hill and Service, for terms ending
6-30-89, be approved.
15. DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Redevelopment Agency Financial Statements, 6-30-87
b) Treasurer's Monthly - July-August-September, 1987
Council Minutes
1-20-88 Page 9
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 to Tuesday, January 26, 1988„ at 3 p.m. , in
the Large Conference Room, City Hall .
I ',JUDITH SUMICH
City Clerk