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HomeMy WebLinkAbout1991 - MINUTES - 1/16/1991 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 16, 1991 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor pro tem Broich, in the Council Chambers, 3200 Tahquitz Canyon Way, on Wednesday, January 16, 1991, at 7:30 p.m. ROLL CALL: Present: Councilmembers Broich, Hodges and Murawski Absent: Councilmember Neel and Mayor Bono The meeting was opened with a Salute to the Flag and an invocation by Reverend Irene Penner, P.S. Church of the Religious Science REPORT POSTING OF AGENDA` Report of Assistant City Clerk: The agenda was posted in accordance with Council policy on January 11, 1991. Crisis In The Gulf Mayor pro tem Broich stated that the decision of those Councilmembers present was to continue with business despite of the declaration of war; that everyone's thoughts are on the war and the toll it may take, but continuing with governmental business symbolizes the heartfelt knowledge that the democratic process goes on and is the very reason that the troops are overseas; that members of the City Council , Police Department, Fire Department, and staff will continue to do their jobs; that the Armed Forces are doing their job, and the Council will continue to do its; and that should the President interrupt regular televised programs for a State of the Union address, the meeting will adjourn for that address. Councilmember Murawski , stated that it is important to support what the government is doing, and with great respect to the service persons overseas, the governmental process not be interrupted. PRESENTATIONS Mayor pro tem declared January 21, 1991 as a City holiday in honor of Martin Luther King Jr. (074_ Peter Richardson, 1270 Del Paso Way, representing the 001) Noon Rotary Club, stated that thoughts are shared in regard to the Gulf War; that prayers are for a swift end to the conflict; that two months ago the idea for yellow ribbons was presented to honor the overseas personnel , but no one thought that war was on the horizon; that Jeanne Reller, of the Rotary, has started mass production of T-Shirts, indicating support of the soldiers, with the idea that profits from the sales will be given to organizations supporting the families deployed in Desert Storm; and that the T-Shirts offer a visible symbol of support, and requested Council endorsement. Council Minutes 1-16-91, Page 2 PUBLIC HEARINGS: 1. AA 3.0841 - HAAGEN APPEAL On November 21, 1990, the Council continued hearing on (111- appeal by William Crigger for Alexander Haagen for a new 001) trellis carport and "as built" landscape plan for 2288 Southridge Drive; appellant and staff recommend that the hearing be further continued to February 20, 1991. It was moved by Hodges, seconded by Murawski , and unanimously carried, Bono and Neel absent, that the hearing be continued to February 20, 1991. 2. AA 3.0898 - P.S. HAIR TECH APPEAL Consideration of appeal on request of Mayor from Planning Commission denial of an application for an awning at 443 E. Tahquitz Canyon Way. (ill- Planning Director stated that the Mayor requested the 001) appeal ; that the awning would be the only one on the building; that the Planning Commission denied the request due to the visual impact; that the building is two story; that the awning is proposed to be in the middle of nine store bays; that the building needs to be treated as a whole, not just one proposed awning; that the property owner has not indicated interest in an awning program; that the proposed awning could be used as a prototype; that any other requests for awnings on that building would have to conform; that the building was built in the early 1960' s and does present a sterile image; and that the building lacks charm, but presents a clean appearance. Mayor pro tem declared the hearing open, there being no appearances, the hearing was closed. Councilmember Murawski stated that the views of the Planning Commission are appreciated; that the building is sterile in appearance; that the shopkeeper is trying to make improvements to increase business; that staff could consider the awning as a prototype for other awning requests; and that a business owner trying to improve his business should not be put through bureaucratic red tape. Councilmember Hodges stated that the Planning Commission decision should be upheld; that the awning is a goad idea, but that there should be an awning program in place, and requested staff to consider setting up an awning program. Mayor pro tem stated that the item could be continued for two weeks to allow staff time to present an awning program. It was moved by Murawski , seconded by Hodges, and unanimously carried, Neel and Bono absent, that the item be continued to February 20, 1991. Council Minutes 1-16-91, 'Page 3 3. VARIANCE 8.231 - LOWELL WOODEN APPEAL Consideration of appeal by Quiel Bros. , on behalf of Lowell Wooden, from Planning Commission conditions of approval (146- for a sign variance for car wash at 4044 E. Ramon Road. 001) Planning Director stated that the Planning Commission approved the concept of the variance, based on specific condition: that the applicant states that due to the type of traffic on Ramon, different signage is needed; that the Planning Commission continued the item for several meetings for the applicant to resubmit the signage requests; that a 36 sq. ft. sign per face is allowed, as well as a 10 sq. ft. sign on the face of the building; that the signs must meet State Law in terms of gasoline pricing; that the applicant seeks a sign 46 sq. ft. and a sign 51 sq. ft. on the fascia, and another 15 sq. ft. sign on the side of the rear canopy, with another 31 sq. ft. sign on the building; that staff recommended the variance due to two businesses, one a car wash, the second of a service station; that staff suggested the oversized monument sign, the oversize fascia sign; that the applicant requests the full approval of the application; and that the major sign on the fascia, and the monument sign would front Ramon Road. Mayor pro tem declared the hearing open. Tom Trainer, Queil Brothers Signs, stated that the Planning Commission only allowed 6 inch lettering on the sign; that because the car wash carries gas, for the convience of the customers, the entire business is being considered as a gas station, and the car wash is being penalized in regard to signage. Gary Quiel , 272 S. I Street, San Bernadino, stated that the main basis of the appeal is signage; that the Planning Commission had concerns about the colors of the letters; that the colors can be changed; that the signage is needed; that one of the fascia signs has been eliminated; but that proper identification is needed, and requested Council approval . There being no further appearances, Mayor pro tem declared the hearing closed. Planning Director stated that plastic signs always generate questions; that the color red raised some objections; that the colors were a parallel issue, and did not affect the variance. Councilmember Hodges stated that the Planning Commission approved the logo on the front fascia, the freestanding canopy with a logo, and a monument sign; that the design of the building does not indicate that what the business is; and suggested that all signage requests be allowed; and that staff consider the colors to be used on the signage. It was moved by Hodges, seconded by Murawski , and unanimously carried, Neel and Bono absent, that the appeal be upheld, with staff directed to work with the applicant in regard to signage colors. -Council Minutes 1-16-90 Page 4 PUBLIC COMMENTS: ANTI-DISCRIMINATION ORDINANCE Andrew Exler, 100 S. Sunrise Way, stated he was a crusader of civil rights; that discrimination is alive and well in Palm Springs; that more than 9,000 complaints were filed with State agencies this year alone in regards to discriminations; that various discounts are offered that are discriminatory, and he recommended approval of the anti-discrimination ordinance David Bell , 178 San Raphael , stated that March, 1990, towing companies met in anticipation of Spring Break, (103- that it was suggested that the towing companies agree 001) to prices for towing; that the Police Officer indicated discrimination regarding different types of vehicles; that discrimination is apparent in the City; that he was charged a land use permit fee for a towing yard, and another company was not; and that the Council should investigate the matter. Mary Jo Hodges, 703 Vella Road, stated that it is fitting to honor Martin Luther King Jr; that personal freedom must be protected; and she encouraged the Council to pass the anti-discrimination ordinance. Gary Boswell , 65827 Santa Street, Desert Hot Springs, stated that the future well being of Palm Springs is dependent on the anti-discrimination ordinance; that the number of handicapped and the elderly is overwhelming; that the blind have been denied apartments,; that handicapped ramps are not installed in stores, or in check-out lanes; that bus stations and busses are not accessible to wheelchairs, and he requested support of the proposed ordinance, Joyce Cox, 66394 Buena Vista, Desert Hot Springs, stated that her daughter is in a wheelchair; that access is difficult in Palm Springs; that aisles are not wide enough and restrooms not accessible; that restaurants tend to place a handicapped person in the back of the room; and encouraged passage of the anti-discrimination ordinance. James Coletere, 27425 Del Norte, stated that he had been falsely arrested., and was vindicated by the courts; that the Council needs to direct the Police to stop harassing him; that there is no evidence against him; that the harassment continues; that he is 65 years old and wants to live in peace; that he has not committed any crimes; that he is a war veteran; and does not know why the Police keep harassing him, and warned the Chief of Police that he should be left alone. Dennis Wilson, 837 Calle De Pinos, stated that after hearing some of the people speak in regard to the anti-discrimination ordinance, that he would suggest passage of it, with the deletion of the reference to sexual preference. Council Minutes 1-16-91, Page 5 PUBLIC COMMENTS (Cont'd) Dr. De Borkez, 37490 Cathedral City, stated that many (103- of her patients have Aids; that they have been fired from 001) jobs; that restaurants refuse them service; that the community is all one; and urged passage of the ordinance. James Suguitan, 311 San Juan, stated that the gay community wants to be part of the community, and requested passage of the anti-discrimination ordinance. LEGISLATIVE ACTION: 4. BUDGET - GENERAL FUND SOURCES & PARK MAINTENANCE SERVICES Recommendation by Parks & Recreation Commission: That the Council amend the in-lieu property tax fee on the Golf Course property; amend the Allocated Positions & Compensation Plans to add three Parks Maintenance positions; and amend the budget to appropriate $37,333 to provide funding for those positions for four months, in order (061- to restore services to maintain a desired destination 011) resort community image. Director of General Operations reviewed the staff report given in detail at the last study session, and added that the recommendation was endorsed by the Parks & Recreation Commission; that the in-lieu fees will covey, the necessary expenses; that the fee would be re-established to meet fair market value; that the fees could be adjusted; that several project have not been done due to the short staffing; and that with the additional persons, projects will begin to be on schedule. (114- Councilmember Murawski stated that there have been 004) entrepreneurial approaches to City government services, and he felt this is one; that the City will be hiring a new City Manager soon, and requested the Council continue the item until then. Councilmember Hodges stated that the Parks and Recreation Commission has come up with an admirable concept; that the money would be funneled into the General Fund, and questioned if it would go to the Parks department; that the positions are needed, the funding is there and recommended approval ; and that there are no guarantees that a new City Manager will be on board in 60 days. City Attorney stated that the funding goes into the General Fund; and that the Council would not be bound to allocate the money to the position requested. Mayor pro tem stated that the Commission is the eyes and ears for the Council ; that the request is a good one; and that the positions do not affect the General Fund. Resolutions 17393, 17394 and 17395 as recommended were presented, after which it was moved by Hodges, seconded by Broich, and carried by the following vote that R17393, 17394 and 17395 be adopted. AYES: Broich and Hodges NO: Murawski ABSENT: Bono and Neel 3°'} Council Minutes 1-16-91, Page 6 LEGISLATIVE ACTION (Cont'd) 5. ANTI-DISCRIMINATION ORDINANCE Consideration of anti-discrimination ordinance for adoption. City Attorney stated there has been alot of testimony concerning the ordinance; that ordinance applies to areas regarding employment, real estate action, public (103- accommodations and educational institutions, and there 001) are a number of exceptions: a valid business purpose for the discrimination, religious organizations, and seniority systems, as examples; that the ordinance requires applicationsto persons who aids and abets a discriminatory actions, that enforcement of the ordinance is through a private cause of action to be taken; that the City can designate an agency to which the complaint may be referred; that there is an administrative process within the City; and that the action would then be taken to court; that the ordinance specifically provides no criminal penalties; that the ordinance modeled after those of the Cities of Irvine, and Cathedral City: that a letter was received from the Agua Caliente Band of Cahuilla Indians requesting exemption from the ordinance; and that the Council could direct the staff to work with the Tribal Council to address the problems. Councilmember Murawski stated that the basic position of the Indians is agreement with the ordinance; that it is appropriate to allow the attorney to work with the Tribal Council to address its concerns; and he thanked Councilmember Hodges for spearheading the ordinance. Councilmember Hodges stated that she was pleased to be one of the sponsors of the ordinance; that while campaigning she had been asked if she woulld support an anti-discrimination ordinance, and her answer had been yes; that not all the Councilmembers had been in support of the ordinance, but that perhaps they had never had discrimination; that she had been discriminated against; • that a class action suit had been filed; and a settlement was made; that many are discriminated against; that she heard comments that the ordinance is not needed, as it duplicates State and Federal laws, but felt it is the best way to reaffirm support of human rights ; that it will be telling the world that the City of Palm Springs will not stand for discrimination; and she requested approval of the ordinance. Assistant City Clerk read title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ENACTING A HUMAN RIGHTS ORDINANCE TO END DISCRIMINATION FOR ANY REASON OTHER THAN THAT OF INDIVIDUAL MERIT AND TO ESTABLISH AFFIRMATIVE POLICIES FOR THE CONDUCT OF THE CITY'S AFFAIRS. It was moved by Hodges, seconded by Murawski , and unanimously carried, Bono and Neel absent, that further reading be waived, and the Ordinance be introduced for first reading. Council Minutes 1-16-91, Page 7 LEGISLATIVE ACTION (Cont'd) 6. ALLOCATED POSITION & COMPENSATION PLAN AMENDMENT (061- Consideration of amendment to the Allocated Position and 011) Compensation Plan concerning compensation for the MX and EX groups, effective January 6, 1991. Police Chief reviewed the resolution, and no additional report was given. Councilmember Hodges stated that Council worked with staff in regard to the resolution, that it does not take additional money from the General Fund; and that staff had worked hard, and she recommended approval . Councilmember Murawski stated that the budget had been cut; that staff has worked hard to make the changes the Council is trying to accomplish, and that he supported the resolution. Mayor pro tem stated that staff deserved the increases, and the Council is appreciative of the work done by staff, and the support it gives to the Council . Resolution 17396 as recommended was presented, after which; it was moved by Hodges, seconded by Murawski , and unanimously carried, Bono and Neel absent, that R17396 be adopted. 7. ADDITIONAL LEGISLATIVE ACTION - None CONSENT AGENDA: 8. Res 17397 approving agreement with Gordon Bennett Balloon (050- Race, Inc. (Tom Heinsheimer, owner) for mutual cancellation 009) of agreement relating to proprietary rights in, and conduct of, the Gordon Bennett Balloon Race Agr 2650 . 9. MO 4701 approving a new five-year agreement with the P.S. (099- Historical Society regarding operating the Cornelia White 003) Little House and McCallum Adobe, through January 20, 1996, A2941. 10. Res 17398 amending the budget to appropriate $4,927 for (061- renovation of office space to accommodate relocation of the 009) City Manager's Office. 11. MO 4702 awarding bid for purchase of a 35,000 gvw cab and (084- chassis to GMC Truck Division for $35,224.88. 007) 12. Res 17399 amending the Comprehensive Fee Schedule to adjust (114- subscription fees for received mailed copies of City Council 006) and Planning Commission minutes and agendas. 13. Res 17400 appointing Finance Director Thomas M. Kanarr as (086- City Treasurer. 0010 14. Res 17401 and 17402 approving Payroll Warrants and Claims (006- & Demands. 009) It was moved by Hodges, seconded by Murawski , and unanimously carried, Neel and Bono absent, that Resolutions 17397 through 17402 and Minute Orders 4701 and 4702 be adopted. v r•, r;1 Council Minutes 1-16-91, Page 8 ADDED STARTERS - None REPORTS & REQUESTS: DEPARTMENTAL REPORTS - Received & Ordered Filed a) Annual Financial Report; CRA Financial Statement; and Single Audit Report on Federal Assistance Pro(irams, for 1989-90 001� CITY COUNCIL reports or requests a) Councilmember Hodges questioned the status of the proposals of parametics and requested the item be put on the study session agenda. PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor pro tem declared the meeting adjourned to January 22, .1,991 at 3 p.m. , Large Conference Room., and thereafter to 6:30 p.m. , same date at the Corporation Yard, for continued goal setting session. JUDITH SUMICH _--Cjty Clerk BY: PATRICIA A. SANDERS Assistant City Clerkk