HomeMy WebLinkAbout1991 - MINUTES - 2/6/1991 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
FEBRUARY 6, 1991
A Regular Meeting of the City Council was called to order by Mayor
Bono in the Council Chamber, 3200 Tahquitz 0nyon , Way, on
Wednesday, February 6, 1991, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Broich, Hodges, Murawski
Neel and Mayor Bono
Absent: None
The meeting was opened with the Flag Salute and an invocation by
Zona Parr, Church of Religious Science.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with
Council procedures on February 1, 1991.
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 Neel , seconded by Murawski , and unanimously
carried, that the Minutes of November 7, December 5, 18,
20, and 27, 1990, and January 14 and 22, 1991 be approved
(NOTE: Item 5, and Public Comments limited thereto, were taken
out of order, but are reflected in these minutes in Agenda number
order. )
PUBLIC HEARINGS:
1. AIRPORT TERMINAL EXPANSION - BOND ISSUE TEFRA HEARING
Recommendation: That the Council receive public comment
on the proposed bond sale of up to $40 million for airport
improvements; and thereafter approve issuance of the bonds.
Director of Aviation reported that the hearing is required (051-
before the tax exempt financing can be issued; and he 056)
explained the two-phased expansion.
Mayor declared the hearing opened; there were no
appearances, and the hearing was closed.
Resolution 17411, as recommended, was presented; after
which, it was moved by Neel , seconded by Broich, and
unanimously carried, that R17411 be adopted.
2. PARCEL MAP 26628 - TENTATIVE MAP (P.S. AIRPORT CENTER)
Recommendation: That the Council approve dividing Lot
5, TM 22396 into two lots, one consisting of 2.9 acres (119-
and the other 3.5 acres, for property located between 001)
Ramon Road and the Airport, and on the east side of the
northerly extension of Avenida Evelita.
Director of Community Development highlighted his report,
and no further report was given.
Council Minutes
i.-6-91 Page 2
2. PARCEL MAP 26628 (Continued)
Mayor declared the hearing opened; there were no
appearances, and the hearing was closed.
Resolution 17412, approving the tentative map, was
presented; after which, it was moved by Broich, seconded
by Neel ,and unanimously carried, that R17412 be adopted.
3. P.D. 213 - MICHAEL CHRISTIAN
Recommendation: That the Council approve a planned
development district to construct affordable housing on
property located at Gateway Drive and North Palm Canyon
Drive, Section 34.
Planning Director reviewed the memorandum of Director (116-
of Community Development, and stated that the planned 081)
development district process was used because of the dennsity
increases; that lots average 6,600 square feet; that, the
density bonus was recommended by the Commission, with
excess units to be limited to the low/moderate affordable
category; that there have been several neighborhood
meetings, and there was no clear direction from it as
to Video Road dead-ending at the project:, which is what
the Commission recommended, as in the best interest of
those lots along Gateway; that the applicant has made
all of the changes recommended, including extending Tramview
Road.
In answer to question by Council , Planning Director stated
that the density bonus units, although not banked against
a specific project, are used to achieve the Housing Element.
Mayor declared the hearing opened.
Rev. Jeff Rollins, First Baptist Church, stated that he
could see no reason for not approving the project.
Kenny McCarthy, resident in the area, asked how the
neighborhood meeting was noticed, whether this was the
only location for affordable housing; and that it seemed
to him there is already considerable low income housing
in the area.
Michael Christian, applicant, stated that -they have worked
with the staff and Commission, and have reworked their
plans; that when the property was purchased, it was approved
with a project for considerably more units; that he thought
the General Plan allowed 896 units; that the POD process
is discretionary; and he asked that the greater number
of units be permitted.
There were no further appearances, and the hearing was
closed.
Councilmember Broich stated that one of the vision spheres
discussed something different in that general area that
would be more beneficial to the community as a whole,
and he would like for the Council to discuss the options
in more detail , and he was not prepared to vote on this
matter at this time.
Planning Director stated that he was not aware of any
specific urgency to approve the district at this date.
It was moved by Broich, seconded by Neel , and carried
by the following vote, that the hearing be reopened and
continued to March 6, 1991, and during the interim, the
options for development in the area be reviewed at study
session.
AYES: Broich, Murawski , Neel & Bono
NO: Hodges
A DC 17 ROT. Mnnn
Council Minutes
2-6-91 Page 3 'l'
A3. AA 3.0898 - P.S. HAIR TECH
On January 16, Council continued consideration of appeal
on request of Mayor from Planning Commission denial of
an application for an awning at 443 E. Taliquitz Canyon
Way.
Planning Director reported that the Planning Commission (111-
felt an awning program for the entire building would be 001)
an appropriate resolution; that discussions with the owner
of the building indicate he is not willing to support
or mandate an awning program for the tenants; that the
site is in a redevelopment project area, which has some
funds that might be used.
In answer to questions by Council , Planning Director
reported that the Commission considers awnings in terms
of individual buildings, or programs for buildings with
multiple tenants; that overall architectural compatibility
is considered; and in this case, it was not awnings per
se, rather that there would only be one awning on the
face of the entire building; that the staff could work
though an awning program, but could not force tenants
to install them, and the owner may not permit any others.
Mayor declared the hearing opened.
In answer to questions by the Mayor, the owner of the
business stated that he tried to talk other tenants into
installing the same type of awning, but they could not
visualize what it would do; that he would like approval ,
and felt it would encourage others to do the same, and
it will make the building look better; that he has been
in business for six years, but only at this location for
a few months.
There were no further appearances, and the hearing was
closed.
Councilmember Neel stated that the ordinance should be
adhered to, and a program for the entire building should
be designed; and that the Council should riot overrule
every appeal of the Planning Commission, because it is
trying hard to beautify the community, and its decisions
should be respected.
Councilmember Murawski stated that having one awning up
may encourage other tenants to do likewise; that additional
awnings would have to follow the same criteria; and that
the building is very sterile and needs something to improve
its appearance.
Councilmember Broich stated that he favored allowing the
awning to be installed, to serve as a guideline for other
tenants in the building, and that the owner urge others
to follow suit.
Councilmember Hodges stated that she agreed the building
would look better if all of the store fronts had an awning,
but it will look inappropriate for only one to do so,
particularly, because of the length of the building face;
that others may want to install an awning, but not be
able to afford it; and that possibly only one awning will
be installed.
Council Minutes
2-6-91 Page 4
A3. AA 3.0898 (Continued)
It was moved by Broich, seconded by Murawski , and carried
by the following vote, that the appeal be upheld., the
awning permitted, that it serve as a design criteria for
future awnings on the building, and that other tenants
be encouraged to join the program.
PUBLIC COMMENTS:
a) Dr. Bertrand, member of the Chamber of Commerce (103-
Governmental Affairs Committee, spoke in support of
prohibiting motorcycles, and "bikini clad" riders 001)
on Palm Canyon and Indian Avenue during Easter Week.
b) Alice Broich, 1130 Manzanita, asked that the Council
encourage citizens, city commissioners, and employees
to join in the volunteer program during Easter Week..
c) Daun DeVore, legal advisor to Ester Liebling Frank,
stated that Ms. Frank is one three beneficiaries of
the Liebling Trust, and neither she nor her sister
who is also a beneficiary of the trust„ received notice
of the (CRA) Resolution of Necessity hearing, and
that she intended to take active steps to protect
her client' s interest.
d) Anja Lighthill , 2333 Araby Drive, stated that: the (057-
property next to her home has been posted as a public 001)
nuisance many times; that it is deteriorating the
neighborhood to the point she is unable to sell her
home; that it has become infested with rats; and that
she has not been able to find anyone to help her in
getting the problems resolved.
Mayor asked that Mrs. Lighthill submit her comments
(a copy of which is on file with the City Clerk) ,
and they will be forwarded to the staff to see what
can be done.
e) George Goldberg stated that he has been harassed as
an owner of an RV; that city employees violate local
ordinances; and that he called eighteen consecutive
nights concerning illegally parked RVs at Sunrise
Plaza, and if it is not to be enforced, the signs
should be removed.
f) Bill Kuhlman, 402 Sunset Way, stated that if the film (050-
festival was successful , it should pay its own costs; 010)
and asked if the Council . intended to financially save
it.
g) Vicki Marquardt, 174 N. Palm Canyon, asked that the (114-
Council reconsider the regulations and limitations 004)
on outdoor art shows; that she felt businesses on
side streets suffer because the main street gets all
of the attention, and there is no help to businesses
not on Palm Canyon; that only two art: shows per year
are permitted on either private or public property,
and perhaps consideration should be given to limiting
the number on an individual basis; and that the land
use permit fee should be reduced, because the art
shows are not competing with other merchants, and
perhaps it could be based on a six-month, or annual
fee.
Council Minutes
2-6-91 Page 5
Councilmember Murawski stated that the Council is trying
to do something for all merchants, and her points are
well taken, and the Council should discuss this at one
of its next study sessions.
h) Earl Johnson, 3683 Andreas Hills, suggested that the
Mayor use his office to contact organized motorcycle (103-
groups and let them know the City is noL opposed to 001)
motorcycle riders, and see what suggestions they might
have to help address the problems during Easter Week.
Mayor stated that he has been in contact with them,
and relayed some of the same suggestions, from the
perspective that the Council wants to be in a position
of control , not the victim.
i ) Don Frank, 550 N. Cahuilla, stated that he knew very
little about the proposals for the Liebiing property,
and that there are also tenants, and employees who
work for the tenants, who should also be apprised
of what is being proposed.
j) Steve Remball , 139 Andreas, asked that the Council
make certain that adequate public restroom facilities
are available during Easter Week.
LEGISLATIVE ACTION:
4. MUNICIPAL CODE AMENDMENTS
Recommendation: That the Council amend the Municipal
Code to amend and/or add regulations to control behavior
that has caused the most difficulty for the community
during the most recent Spring Break periods.
Police Captain Boswell reviewed the memorandum of the
Police Chief, detailing each proposed ordinance, and noting (103-
that the recommendations are a direct result of the town 001)
hall meeting last year, and subsequent task force meetings.
He stated that the proposal to amend Section 3.030.040
has been revised to delete the section in its entirety.
Councilmember Broich stated that while he was reluctant
to ban motorcycles during that time, he also received
a number of telephone calls in support of it, and he felt
it is necessary to do so.
Councilmember Murawski stated that it is essential to
recognize the citizen participation in the recommendation,
and their requests should be honored; that the Council
is not opposed to motorcycles, but this is a good plan
for facilitating Easter Week, and the Council should support
it.
Councilmember Hodges stated that the task force met every
week last summer, and the recommendations are sound.
Mayor stated that the amendments are courageous, and the
attempt to protect and control the Spring Break influx,
more so than what was done in the past, is necessary;
and that he, too, is a rider, but the activity is not
needed at that time downtown.
City Clerk read title of each Ordinance, as follows:
Council Mintues
6-91 Page 6
4. MUNICIPAL CODE AMENDMENTS (Continued)
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, (103-
AMENDING CHAPTER 3.30 OF THE PALM SPRINGS MUNICIPAL 001)
CODE AUTHORIZING THE IMPOSITION OF A PUBLIC SERVICE
FEE FOR POLICE SERVICES NECESSITATED BY A SECOND RESPONSE
TO A LARGE PARTY, GATHERING, OR EVENT.
and
AN ORDINANCE OF THE CITY OF PALM SPRINbGS, CALIFORNIA,
ADDING CHAPTER 12.80 TO THE PALM SPRINGS MUNICIPAL CODE
REGULATING ASSEMBLAGE AND PROCESSION OF MOTOR VEHICLES
ON PUBLIC RIGHTS-OF-WAY.
and
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADDING SECTIONS 12.56.070 AND 12.56.080 TO THE PALM
SPRINGS MUNICIPAL CODE RESTRICTING VEHICULAR ACCESS
OF CERTAIN STREETS DURING EASTER WEEK.
and
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER', 11. 10, RENUMBERING SECTION 11.10.040
AND ADDING SECTION 11.10.040 OF THE PALM SPRINGS MUNICIPAL
CODE PROHIBITING PUBLIC NUDITY.
and
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADDING SECTION 11.08-007 TO THE PALM SPRINGS MUNICIPAL
CODE PROHIBITING THE CONSUMPTION OF ALCOHOLIC BEVERAGES
ON HOTEL POOL GROUNDS FROM 11:00 P.M. (UNTIL 6:00 A.M.
THE FOLLOWING DAY DURING EASTER WEEK.
and
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 1.01.040 OF THE PALM SPRINGS MUNICIPAL
CODE ESTABLISHING PENALTY FOR MUNICIPAL CODE VIOLATIONS
DETERMINED TO BE INFRACTIONS AND AMENDING MISDEMEANOR
PENALTY PROVISION
It was moved by Broich, seconded by Murawski , and
unanimously carried, that further readings be waived,
and that the Ordinances be introduced for first reading.
5. MUNICIPAL CODE AMENDMENT (Ord introduced 1-16-91:1
Public Comments: Mayor announced that public comments
on this matter would be received at the beginning of the
meeting; after which, the Council would consider this
matter, i .e. , the second reading and adoption of an
ordinance introduced January 16, 1991, entitled:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, (103-
AMENDING THE PALM SPRINGS MUNICIPAL CODE: TO ADD CHAPTER 001)
1. 12 THERETO TO ENACT 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
Dave Bell , 2320 N. Sunrise and Dave' s Towing 178 W. San
Raphael , alleged that the Police Department applies
discriminatory practices in the types of vehicles towed,
in that affluent people ' s cars are not towed; that he
was charged a land use permit fee and towing licensees
are not; and Palm Springs should not be exempt from the
Constitution.
Council Minutes
2-6-91 Page 7
5. MUNICIPAL CODE AMENDMENT (Continued)
Dick Darling, 962 Murray Canyon, stated that the ordinance
is a "gay rights" issue; that the homosexual community
stated that it would endorse Councilmembers elected in
April , 1990 who committed to supporting the ordinance
if they were elected; that the ordinance was instigated,
designed and worded by the homosexual community, and is
its highest priority in cities throughout the country,
and is an effort to impose homosexual rights under the
guise of anti-discrimination; that homosexuals are protected
by the same laws as others are, and they should not be
more protected than others; that the ordinance is not
needed and should not be passed, because there is no problem
that exists that needs to be addressed; and that he hoped
three of the Councilmembers were bold and courageous enough
to vote against the passage of the ordinance.
Tina Detner, 223 Palermo, expressed her view that people
should be judged based on their own merit, regardless
of skin color, or sexual preference.
James Anthony, 66321 Pierson, Desert Hot Springs, stated
that he represented Parents Against Degenerate Sexuality,
and that two copies of their pamphlet to each Councilmember,
depicting homosexual behavior, and that if the ordinance
is passed it will be distributed to schools, churches,
youth organizations, and others throughout the community,
with suggestion to research the Council ' s vote on the
ordinance; that he considered the homosexual life-style
a menace to, and a problem for, child-raising; and that
the voters will express their opinion at succeeding
elections.
Dennis Wilson, Calle de Penos, stated that he -is a teacher,
and his view that homosexuality is against the values
on which America was founded - prayer, the Bible, and
the Christian ethic; and giving protection to that behavior
would add to the down-sliding in values in the country,
e.g, pornography.
Don Schrader, 1445 Opuntia Road, stated that he felt
campaign promises were being fulfilled by supporting the
ordinance, and that sexual orientation is the only matter
that is not already covered by existing laws; that he
was offended that the Council held its meeting on January
16, on the eve of the Persian Gulf Crisis, and introduced
the ordinance with only three votes; that the ordinance
gives special privileges and goes beyond
anti-discrimination; that the ordinance provides that
the City is not going to enforce it, but rather the courts
will do it; that the Council will put together an appeals
group similar to the Rent Control Commission, and if an
appellant does not like its decision, they can go to court,
which he considered a "billy-club" approach to enforcement;
and that the Council should stand for traditional American
values, and vote against the ordinance.
In answer to question by the Mayor, City Attorney stated
that there is nothing in the ordinance to prohibit an
affirmative action plan; that if a court ordered an AA
plan, or if a person voluntarily wished to implement one,
the ordinance would not prohibit that, but affirmative
action plans or quota systems are not required; and that
nothing would prohibit future Councils from amending the
ordinance, or adopting something else.
Council Minutes
C 2-6-91 Page 8
v 3 `� 2. MUNICIPAL CODE AMENDMENT (Continued)
Bonnie Jean Walsh, 1414 E. Ramon Road, stated that there
are some very good people in the community who may leave
the community if 'the ordinance is adopted, which may cause
a minority in the community to become a majority of it.,
Jody Kennedy, 657 Highland, stated thiat parents are
responsible for teaching their children values and morals;
and that she feels children should be raised in a
traditional manner, and they can make other life choices
when they are grown.
Jim Suguitan, 3111 San Juan, stated that: he is gay and
he respects the opinions and ideas of others; that freedom
cannot be tied to requirement that a person must be
"straight"; that freedom is given without regard to anyone;
that he was the publisher who approached Council candidates
and asked all of them whether they would support or oppose
an anti-discrimination ordinance; that it was not a gay
issue; and that if the Council believes in the Constitution,
it will vote in favor of the ordinance.
Cindy Tomas, Desert Hot Springs, stated her view that
sexual orientation does not belong in the ordinance; that
sexual activity is a private matter, and asked if it
extended to sexual orientation towards animals or children;
and asked that the Council not adopt the ordinance.
Beth McCurdy, 1440 Indian Trail , stated that protecting
sexual orientation permits sexual harassment by understating
the amount of harassment under the simplification that
the person is only exercising his sexuality; that it allows
bestiality, and other orientations; that It would infringe
on the rights of children and parents, and would be
impossible to repeal in the future even if iit is
misinterpreted; and that she was convinced that it would
be broadly interpreted, rather than narrowly.
Daun DeVore, 1049 N. Palm Canyon, stated that the issue
is preferential treatment, and whether rights would be
abridged on account of the aspects in the ordinance; and
that the ordinance should be redrafted to focus on the
rights that might: be abridged because of discrimination,
rather than on discrimination per se, e.g. , handicapped
parking.
Ted Jones, 3188 Valenzuelo, stated that the December,
1990 issue of, "Washington Blade" included an article
that Palm Springs is the premier vacation place for gay
men and women; and that he thought the ordinance would
add to that distinction.
Andrew Exler, 100 S. Sunrise, asked that the Council vote
in favor, of the ordinance; and stated that the ordinance
is not a single-issue ordinance; that it has been reviewed
and prepared by Rutan & Tucker; that it exists, and has
been successful , in many cities in California; that many
of the areas are already covered by other laws, and may
be repetitive, however, he felt there are a number of
businesses in Palm Springs which discriminate„ and that
a local ordinance will send a strong message to them that
discrimination is wrong.
Brian Tuttle, 3595 Las Pampas Way, stated that he was
bothered by denial that the ordinance is a gay community
Council Minutes
2-6-91 Page 9 - 5 b
5. MUNICIPAL CODE AMENDMENT (Continued)
issue, when in his view it was the gay community who
propelled and put it forth, and who approached the Council
candidates to bring it forward; that he felt there is
a point in time that a person does not have the right
to do anything he or she so pleases, which is why there
are laws and decency that transcends popular activities
from snowballing; that he viewed homosexuality as repulsive
and out of the realm of the average, decent, taxpaying
citizen; that morals and values are taught; and that the
word, "gay" is not a pronoun.
Amos Roulette stated that he is a pharmacists in Palm
Springs, and homosexuality is prevalent in the community,
and is increasing, and with it AIDS is also increasing;
that the cost of the disease is approaching trillions
of dollars; that cities who perpetuate these types of
ordinance will have to start paying the costs, because
of protecting preferential life styles; that San Francisco
is facing related economic problems; and that from an
economic standpoint, the Council should vote against the
ordinance.
Richard Brenna, P.S. Firefighter, stated that there are
already protections against discrimination; that a community
falls when its morality falls; and questioned how the
Council could be considering an ordinance to prevent minimal
bikini suits, and protect sexual orientation at the same
time.
Brett Barberry, an attorney, stated that the ordinance
has been patterned after that which was adopted by the
City of Irvine, after a public protest, and described
the results, i .e. , an initiative petition process followed
resulting in the removal of the sexual orientation language
from the ordinance, followed by unsuccessful efforts at
re-election by incumbents; that sexual orientation provides
a protection based on changeable attitudes; that most
anti-discrimination is based on non-changeable attributes,
e.g. , race; and that he believes there were no ordinances
anywhere that extended protections based on sexual
orientation.
There were no further public comments on this matter.
Councilmember Broich stated that the three Councilmembers
who met on January 16 did so because of their belief that
the soldiers in the Persian Golf were doing their job,
and the Council should also do its job; that he has received
many telephone calls on this subject since that time;
that he did not think anyone was opposed to the ordinance
because no one came forward at that time; that his goal
was to be an open-door Councilmember, and he has met with
people who are very much opposed to the ordinance, as
well as 150 callers; that there are, in fact, Federal
and State laws that protect rights of the citizens; and
that he moved that the ordinance not be adopted. Said
motion was seconded by Neel .
Councilmember Hodges stated that she appreciated everyone
who came to the meeting to express their views, however,
she has a different feeling about the ordinance; that
as an American, she believes citizens have freedom and
the right to not be discriminated against for any reason;
that she could not agree with all of the things that had
been said, and she did not see in the ordinance many of
- 1359
Council Minutes
2-6-91 Page 10
5. MUNICIPAL CODE AMENDMENT (Continued)
the things that those who spoke seem to see in it, and
she thought they were being misled if they had not read
it; that she was very proud of the ordinance, and in being
able to present it to the community; that she thinks it
is needed; and that she supports it.
Councilmember Murawski stated that support of the ordinance
was not a campaign payoff, rather all candidates for both
Palm Springs and Cathedral City, as well as Congressional
Candidate Waite, who attended a forum in April , were asked
if they would support a human rights ordinance, and 90%
including Mr. Waite, said Yes, and that it sounded like
it made sense; that he did not believe it was the intent
to use it as a pay off or obligation for anything; that
he felt a moral obligation to stand up for it; that it
covers many issues, not just sex, and he was disappointed
that no one came forward when it was introduced; that
only one person came forward; that he felt the Council
thought it was doing the right thing; that the Council
wants to react to the majority of communiity, and perhaps
the issue should be placed on the ballot.
Mayor stated that his views are consistent with those
he previously expressed, in that discrimination is
despicable and the State and Federal government recognize
that and are genuinely trying to protect against it; that
as employers, individually and as the City, there are
many things mandated assure protection in hiring and firing
employees; that if anyone feels discriminated against,
he felt the City would do whatever it could to enforce
against that, but another layer, of bureaucracy is not
necessary; that no group should take offense if the
ordinance is not adopted; and that he would not vote against
the ordinance if he thought there was an infringement
of anyone's rights as a human being.
City Attorney started that the proper motion would be to
table the matter, rather than a motion to not adopt: the
ordinance.
Motion by Broich, seconded by Neel , was restated to table
this matter; after which, said tabling motion was adopted
by the following vote:
AYES: Broich, Neel & Bono
NOES: Hodges & Murawski
ABSENT: None
6. WELWOOD MURRAY LIBRARY - LEGAL DISPOSITION
Recommendation: That the Council authorize Rutan & Tucker
to file legal action to obtain judicial approval for (099-
modification to Welwood Murray Memorial library, subject 005)
to Library Board approval as to such physical changes.
City Attorney highlighted his memorandum and described
the proposal to remove the south side storage area; that
the Librarian has been in touch with the Library Board
and its opinion is that the area is not necessary for
library purposes and it can support: the overall
rehabilitation of the facility in accordance with the
plan; that in terms of process, the Superior Court in
its previous order specifically retained jurisdiction
over its decision that the storage area not be removed,
Council Minutes
2-6-91 Page 11
6. WELWOOD MURRAY LIBRARY (Continued)
in the event the Library Board or the City wanted to come
back and ask for a modification of that order; that
he believed the matter could be brought to a court hearing
in 30-60 days, and a decision expected shortly thereafter;
that if there are adversarial parties who are not satisfied (099-
with the results, an appeal process could follow which 005)
is unpredictable in terms of time, or costs; and that
if the Council wished to pursue it, direction should be
given to the City Attorney to file the appropriate
proceedings.
In answer to question by Councilmember Hodges, City Attorney
stated that at this point in time, he understood Ms. Hodges
did not have any financial interest or stake in the
decision, and therefore did not have a potential conflict,
and could participate in the decision.
Councilmember Hodges stated that she considered it
unfortunate the Council was considering the action; that
she considered it an unnecessary expense; that she did
not think the City would be successful at either the
Superior Court, or Appellate Court level ; that it could
lose thousands of dollars; that it lost $65,000 in legal
and other costs by the opposition, as well as lost staff
time; that there is nothing new to be added, and the
decision has already been made; and she hoped the Council
would not consider pursuing it.
It was moved by Neel , seconded by Broich, and carried
by the following vote, that the City Attorney be directed
to file an application with the Indio Branch of the
Riverside County Superior Court, in Case No. I-51176,
for an order confirming that removal of the storage area
would not constitute a contempt of court:
AYES: Broich, Murawski , Neel & Bono
NO: Hodges
ABSENT: None
7. EQUESTRIAN CENTER - TERMINATION OF LEASEHOLD
Recommendation: That the Council approve terms and
conditions for the mutual termination of the Equestrian (109-
V leasehold, to be effective June 15, 1991. 007)
Director of General Operations briefly highlighted his
report.
Resolution 17413 as recommended, was presented; after
which, it was moved by Murawski , seconded by Broich, and
carried by the following vote, that Resolution 17413
be adopted:
AYES: Broich, Murawski & Bono
NO: Hodges
ABSENT: None
ABSTAIN: Neel
8. CONVENTION CENTER EXPANSION - PROJECT MANAGEMENT
Recommendation: That the Council approve agreement with
SENCA to serve as project and operations manager during (139-
the expansion of the facility - Agr 2946. 003)
Council Minutes
2-6-91 Page 12
V - -13 5� 8 CONVENTION CENTER EXPANSION (Continued)
Director of General Operations highlighted the
recommendation, noising that it has been the Subject of
extensive review by a liaison committee of the Council ;
that SENCA' s role would be a project, manager, as
distinguished from the construction manager, or the general
contractor.
Minute Order 47081, as recommended, was presented; after
which, it was moved by Broich, seconded by Murawski , and
unanimously carried, that M04708 be adopted.
Q. CONVENTION CENTER EXPANSION - CONSTRUCTION OVERSEER
Recommendation: That the Council approve agreement with (139-
Howard Homan to serve as construction manager for the 003)
convention center expansion - Agr 2rj47. This item was
reviewed in study session, and no further report was given.
Minute Order 4709, as recommended, was presented; after
which, it was moved by Broich, seconded by Murawski , and
unanimously carried, that M04709 be adopted.
10. CONVENTION CENTER EXPANSION - ARCHITECTURAL SERVICES
Director of General Operations reported this item was (139-
not ready for action; after which, it was moved by Neel , 003)
seconded by Broich, and unanimously carried, that this
matter be continued to February 13, 1991.
ADDITIONAL LEGISLATIVE ITEMS:
11. MUNICIPAL CODE AMENDMENT - POLICE BICYCLES
Recommendation: That the Council amend) the Municipal
Code to allow police bicycles on sidewalks in the downtown
area.
Memorandum of Police Chief highlighted by Police Captain
Boswell , noting that the amendment would allow the
Department to utilize a bicycle patrol in the downtown area.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 12.64.040 AND ADDING SUBSECTION (C) (103-
TO SECTION 12.64.042 OF THE PALM SPRINGS MUNICIPAL. CODE 001)
ALLOWING POLICE BICYCLES TO OPERATE ON CITY SIDEWALKS.
Resolution 17414, authorizing police bicycles to operate (114-
004)
on city sidewalks, was presented; after which, it was
moved by Neel , seconded by Broich, and unanimously carried,
that further reading be waived, that the Ordinance be
introduced for first reading, and that R17414 be adopted.
CONSENT AGENDA:
12. Res 17415 approving a planned development district to allow (116-
26, one and two-story single-family residences on the NE corner 076)
of Sonora and E1 Cielo, Section 19 - PD209.
13. Res 17416 approving insurance contracts with USB Insurance (096-
Services, Inc. , for specific and aggregate excess medical 002)
insurance for the City' s self-funded Network and Choice II
programs; with Commercial Life Insurance Co. for life insurance;
and with the Continental Insurance Co. for long-term disability
insurance - Agr 2948., 2949 and 2950.
Council Minutes
2-6-91 Page 13
14. Res 17417 amending the budget to transfer $300,000 from Risk (061-
Management Fund, Reserve for Liability Claims, to cover 009)
continued handling of new and outstanding claims and litigation
for fiscal year 1990-91.
15. Motion ratifying DBID Advisory Board members elected in 1990, (133-
previous members ratified in 1989. 004)
16. Res 17418 approving JPA to form the City of Palm Springs (086)
Financing Authority - Agr 2953.
17. Res 17419, 17420 and 17421 authorizing issuance of bonds and (056-
bond indenture; approving bond purchase contract with Stone 013)
& Youngberg, and preliminary official statement; and awarding
contract to Matich Corporation for $111,111, all related to
Assessment District 159 - cul-de-sacs on Fiesta Road, et al
- Agr 2951 and 2952.
18. MO 4710 approving Change Order 1 to contract with !PS Services, (136-
Inc. , for an increase of $76,799.65 for annual street slurry 041)
seal project, CP90-16, A2939.
19. Res 17422 approving grant of easement to Southern California (147-
Edison for its facilities to serve the Senior Center at 400 001)
S. Sunrise Way.
20. Res 17423 and 17424 authorizing loan to the Redevelopment (061-
Agency from the Parking Fund, and amending the budget therefore, 009)
in amount of $210,850 for CBD Project Area.
21. Res 17425 and 17426 approving payroll warrants and claims (086)
& demands.
22. MO 4711 rescinding A2851 with N.A. I.D. (133-
008)
23. Motion concurring in CRA Res 749 this date. (124)
It was moved by Neel , seconded by Broich, and unanimously
carried, that Resolutions 17415 through 17426, Minute
Orders 4710 and 4711, and motion in Item 23 be adopted.
ADDED STARTERS:
24. AB939
Director of Aviation reported that following attendance
at the CVAG meeting, it became clear that the Council
should consider joining in its efforts concerning AB939, 001)
rather than attempting to dovetail its own program, and
if it wishes to do so, action is necessary before the
next meeting.
It was moved by Hodges, seconded by Broich, and unanimously
carried, that this matter be determined eligible for
consideration, and added to the Agenda.
Recommendation: That the Council authorize participation in
the CVAG AB939 recycling element contract with Waste
Disposal Services, Inc. , and authorize CVAG to receive
the City' s tipping-fee rebate of $21,313 from the County.
30,
Council Minutes
2-6-91 Page 14
24. AB 939 (Continued)
Director of Aviation stated that new information has been
provided as to how the State will be processing and
approving new recycling elements; that it will look
favorably at regional efforts; that CEQA processes will
be substantially faster than what each city might have
to go through; that grant monies will become available,
and most likely will be given by regions; that CVAG has
put the State on notice that there is a group working
together, and there is less likelihood of being fined
as long as the State knows that cities are moving ahead;
that participation in the CVAG project for the waste
diversion study, will cost $51,905, for which $21,313
will be paid from the County, and the balance through
the recycling fee charged by Waste Disposal Services
allocated for that purpose; and that Waste Disposal Services
is in agreement with the proposal .
In answer to question by Council , Director of Aviation
reported that the action does not bind the Council to
Waste Disposal Services in term of its franchise; that
last year, the Council agreed to an amendment to the
contract to impose a 55¢ per month, per (household charge
to pay for recycling program and to fund the study,, and
the monies will come from that source and be paid to CVAG;
that costs are spread to the cities based on the CVAG
apportionment, and the tipping fee is based on tonnage
of waste generated; and that the action would commit the
participation to the study, but not beyond that point.
Councilmember Hodges stated 'that in the long run, the
City will be saving time and money.
Minute Order 4712 authorizing participation„ as recommended,
was presented; after which, it was moved by Neel , seconded
by Hodges, and unanimously carried, that M04712 be adopted.
COMMISSION APPOINTMENTS:
a) International Arrivals Ad Hoc Committee
Mayor announced his appointment of the following persons
to serve on the above committee: Diane Marantz, Karen (060-
Weithorn, Rose Morva, Gerry Baker, Charles Roulette, 010)
Bud Hoover, Dick O' Linn, Ron Kubler, Charles Mayer,
Murrell Foster, and Mike Fife; after which, it was
moved by Broich, seconded by Murawski , and unanimously
carried, that said appointments be approved.
b) Board of Appeals:
Mayor announced his appointment of Frank Urrutia,
architect, to succeed James Cioffi on the Board of (060-
Appeals; after which, it was moved by Broich, seconded 003)
by Murawski , and unanimously carried, that said
appointment be approved.
c) Convention Center Commission (1 vacancy, term 6-30-91)
None at this time
d) Council liaisons, if any:
Mayor announced his appointment of Councilmembers
Murawski , as representative, and Broich as alternate, (050-
to the Executive Board of the PSDRCVB; after which, 008)
it was moved by Hodges, seconded by Broich, and
unanimously carried, that said appointments be approved.
Council Minutes
2-6-91 Page 15
REPORTS & 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 SUMICH
City Clerk