HomeMy WebLinkAbout1991 - MINUTES - 9/4/1991 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
September 4, 1991
A Regular fleeting of the City Council was called to order by Mayor
Bono in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday,
September 4, 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 salute to the Flag and an invocation
by Reverend Dr. David Beal , Palm Springs Baptist Church.
APPROVAL OF MINUTES:
It was moved by Broich, seconded by Murawski , and unanimously
carried that the minutes of June 5, July 3, July 17, July
19, July 23, and July 31, 1991 be approved.
PUBLIC HEARINGS:
1. TPM26943 - CITY OF.,PALM SPRINGS/COACHELLA VALLEY HOUSING COALITION
Recommendation: That the Council consider application for
Tentative Parcel hlap for a subdivision of property to allow
construction of a 140-unit apartment complex on N. Sunrise
Way/San Raphael Drive, PD116, Section 35.
City Manager reviewed the staff report. )
Acting Planning Director added that the proposed subdivision
includes 13 acres on which a 140 unit apartment complex was
approved on April 17, 1991, a 1.877 acre park and a 20.351
acre parcel for a single family development to be submitted
for review in the future; that the Planning Commission did
approve a portion of the application relating to the apartment
complex; and that the single family development portion would
be submitted at a later date.
Mayor declared the hearing open.
Bob Mainero, 777 E. Tahquitz, stated that his firm prepared
the parcel map to facilitate the apartment complex; and that
he was available for any questions.
There being no appearances, Mayor declared the hearing closed.
Resolution 17624 as recommended, was presented; after which,
it was moved by Broich, seconded by Neel , and unanimously
carried, that R17624 be adopted.
PUBLIC COMMENTS:
a) Osa Mathews, 4120 Calle San Antonio, stated that she
has been the square dance caller for the Leisure Center
for the past 36 years; that recently she attended a program
in British Columbia, Canada; 'that there were 2,500 square
dancers present; that she had presented a proclamation
and a Sonny Bono T-Shirt from the City of Palm Springs
to the Mayor; and that the Mayor of British Columbia (114-
had requested that a cup representing the City of British 006)
Columbia be presented to Mayor Bono.
+J
Council Minutes
9-4-91, Page 2
PUBLIC COMMENTS (Cont'd)
b) George Goldberg, P.O. Box 4156, stated that democracy
has disappeared from Palm Springs; that a change is needed
in elected officials; and that the Police Department
used unnecessary force and brutality in his arrest.
c) Dorothy Mage, 2726 Tahquitz, stated that n.0 owner's have
taken over the apartment complex she resides in; that
an attempt to upgrade the apartments is underway; that
the rents will probably rise; that her rent is one-third
of her income; that the complex is dirty; and trash is
present by the elevators; that gravel is dumped on the
sidewalks; and that service problems are not taken care
of on a timely basis.
d) Maxine Cameron, 2786 Tahquitz, stated the apartment complex
has substandard and non-working fire alarms; that the
fire hoses are pulled out on the sidewalks; that the
outside lighting is nonexistent; that the dumpsters located
in the parking lots are overflowing; that the garbage
chute is stopped up; that flies, cockroaches, and smells
are terrible; that the sidewalks and ramps are cracked;
that people are intimidated by the landlord; that one
tenant has a leak in the ceiling that dripped brown
brackish water; that the landlord charges a30 a day for
late rent; and that an investigation needed to be
performed.
e) Robyn Radnich, Palm Springs Village Apartments, stated
that handicap-accessed apartments in Palm Springs are
few; that the living conditions of the apartments in
her complex are terrible; that a dumpster has been placed
in front of the wheelchair ramp, making it difficult
for her to access her apartment; that the dumpsters are
overflowing; that children have no where to play; that
building problems in the apartments are not repaired;
that a few weeks ago the water was shut off; and that
the conditions at the complex are intolerable.
Mayor Bono stated that from the tenants standpoint, the
conditions have never been as favorable as now; that
Councilmember Hodges has been the watchdog regarding
tenants and rent control for the Council ; that the Council
has been consistent with tenant issues; and that the
City Attorney representation has never been better.
Councilmember Hodges stated that the Housing Coordinator
should be aware of the problems; and that these are the
same apartments that the Council had recently approved
for special financing.
f) Gary Bostwell , Desert Hot Springs, stated that the recent
arrest of a senior citizen was appalling; that the
arresting officers were cruel ; that no ambulance was
provided; that a wheelchair was not provided; that the
community will not tolerate treatment of citizens in
this manner; and that the topic will be brought up at
the next meeting of the American Disabled Access Today.
Councilmember Broich directed the City Manager to have
Code Enforcement investigate for possible Code violations.
Council Minutes
9-4-91, Page 3
PUBLIC COMMENTS (Con 't)
g) Peter Shapiro, 344 San Domingo, stated that the "Desert
Sun" recently did a good job reporting on rent control ;
that the City Council was appreciated for the efforts
it has put forth regarding rent control ; and that: he
recommended passage of Items 3 and 3B.
h) Joan Wyett, West Covina, stated that she saw a video
of the arrest of George Goldberg, and felt that arrests
do not have to be that way.
i ) Kathy Alsap, Monrovia, stated that it was unfair of I°layor
Bono to use handicap parking spaces; that a handicap
space was denied to a patron of Bono's restaurant; due
to Mayor Bono using the space.
j) Wesley Ross, 175 Germino, questioned that, in times of
budget cuts, how the Council justified one employee getting
a raise in excess of $75,000.
k) Carl Smith, no address given, stated that landlords are
required to maintain services, but that no cost-of-living
raise is given to them.
1 ) Ruth Crowe, 12 Club Circle Drive, stated that mobilehome
owners and other tenants should not have the same rent
control rules; that circumstances are different; that
apartment dwellers can change residences, but mobilehome
owners cannot do so without great cost.
m) Dee Dee Stone, 142 Eastlake, stated that the consent
agenda requests approval of purchases of tables and chairs
for the Convention Center and requested clarification
as to the cost.
City Manager stated that the bids are the lowest submitted.
Councilmember Murawski stated that the chairs and tables
used in a facility such as the Convention Center have
to be of a durable quality, due to the usage.
n) Rosemary Price, 2990 E. Tahquitz, San Carlos Apartments,
stated that she has been a resident for the past 3 years;
that her bathtub backs up with sewage; that repair calls
are not answered; that the carpet has been in place for
at least 8 years, and is torn, causing her family to
trip and fall ; that the landlord has stated that he does
not want blacks living in the complex; that she was
overcharged by the landlord for rent, but did contact
the Rent Control Division and the rate was lowered to
the appropriate charge; that cockroaches are present
everywhere; that the jacuzzi does not work; that the
walkways are not lighted; that there is no security;
and that the tenants are intimidated by the landlord,
and are afraid to speak
o) Alan Bayrack, 82 Rhonda Road, stated that the tenants
are appreciative of the past Council actions; that there
are two additional ordinances for consideration this
date, that he appreciated the tenants appearance; and
questioned the audience as to how many thought their
rent was too high.
p) Karen Aguilar, 1975 Mark Wesley, stated that the
allegations regarding the arrest of Mr. Goldberg are
unfounded; that Mr. Goldberg could have prevented the
arrest by cooperating; that courtesy is extended by
everyone at the meeting, except by Mr, Goldberg; and
that if Mr. Goldberg does not desire arrest, his behavior
should change.
1
Council Minutes
9-4-91, Page 4
PUBLIC COMMENTS (Cont'd)
q) Fred Ebling, 2460 Tuscan Road, contended that the previous
speaker did not recall the meeting in which Mr. Goldberg
was ejected; that many people made comments that were
not polite; that Mr. Goldberg is out of order from
I time-to-time; but in his opinion he has not been treated
well by previous City Councils' ; that Mr. Goldberg's
comments have some validity.
Councilmember Hodges stated that regarding rent control ,
the Council created a Rent Control Division to handle
complaints and an investigator is being, hired'' for the
Division; that the Ordinances which the Council has passed
are to protect the tenants; and that no one should live
in intimidation.
Councilmember Murawski stated that a Councilmember' s
job is not easy; and when people do not behave, there
comes a time when enough is enough; that Mr. Goldberg
does not give the courtesy of allowing others to speak;
that if one cannot abide by the system, then they can
not participate; that the issue should not be confused;
that the Mayor did what was proper, and was justified.
Mayor Bono stated that the ejection of the citizen is
not an issue of what the Council will endure, but
protection of others rights; that the Mayor' s job is
to keep order in the meetings; that what occurred was
Mr. Goldberg' s choice; that he was asked to leave, and
I repeatedly refused; that there was nothing personal on
the Council 's part, but if the occasion occurred again,
the same action would be taken.
r) Sid Phillips, Lay Drive, stated that as far as rent control
issues, the Council has done a good job.
LEGISLATIVE ACTION:
2. MUNICIPAL CODE AMENDMENTS (Introduced 6-5-91)
Assistant City Clerk read titles of Ordinance 1393 regarding
provisions for recruitment, selection and training of police
personnel , and repealing Ordinance 1318; and
(103-
Ordinance 1394 amending Section 2.06.010 (a) relating to 001)
appointments, terms and vacancies on Boards and Commissions
after which; it was moved by Broich, seconded by Murawski ,
and unanimously carried, that Ordinances 1393 and 1394 be
adopted.
3. MUNICIPAL CODE AMENDMENT - RENT CONTROL
Recommendation: That the Council add section 4.08. 135 to
the Municipal Code, clarifying the rights of a purchaser
of an existing mobilehome in an existing mobilehome park.
City Attorney stated that issues in the proposed ordinance (085-
are due to changes in State laws regarding mandatory 004)
requirements for leases of 5 years; and that the change
requires a notice that is recommended by the Rent Review
Commission.
Council Minutes
9-4-91, Page 5
LEGISLATIVE ACTION (Cont'd)
3. MUNICIPAL CODE AMENDMENT - RENT CONTROL (Cont'd)
Assistant City Clerk read title of Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING I
SECTION 4.08.135 TO THE PALM SPRINGS MUNICIPAL CODE, THE
RENT CONTROL ORDINANCE, CLARIFYING THE RIGHTS OF A PURCHASER
OF AN EXISTING MOBILEHOME IN AN EXISTING MOBILEHOME PARK.
after which; it was moved by Broich, seconded by Hodges,
and unanimously carried, that further reading be waived,
and that the Ordinance be introduced for first reading.
3B. MUNICIPAL CODE AMENDMENT - RENT CONTROL
Recommendation: That the Council adopt the proposed amendment
to the Rent Control Ordinance as an urgency measure to be
effective at the commencement of the 1991-92 filing period
for hardship increase petitions.
City Attorney stated that the current Ordinance language
is vague; that the proposed amendments clarify the year of (085-
application, and will correct confusing situations; and 004)
recommended that the Ordinance be adopter.) as an urgency
measure, and additionally continue through the normal process
for regular adoption of an ordinance.
Assistant read title of Urgency Ordinance 1395 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, I
AMENDING SECTION 4.08.060(c) OF THE PALM SPRINGS MUNICIPAL
CODE, AND ADDING SECTION 4.08.060(d)(6) OF THE MUNICIPAL
CODE DEFINING "YEAR OF APPLICATION" FOR PURPOSES OF HARDSHIP
RENT ADJUSTMENTS
after which, it was moved by Broich, seconded by Murawski ,
and unanimously carried, that further reading be waived,
and that Ordinance 1395 be adopted as an urgency.
ADDITIONAL LEGISLATIVE ITEMS (Satisfied agenda posting requirement)
3C. DIRECTION REGARDING ACTIONS NECESSARY TO RESCIND OR WITHDRAW
SETTLEMENT AGREEMENTS
Recommendation: That the staff be directed to take those
actions necessary to rescind or withdraw se' tlement' agreements
that were the results of lawsuits with Iindian Wells, Palm
Desert and La Quinta.
Mayor Bono stated that the Airport brings tourists to all
portions of the valley; and that other Cities in the Valley
recognize that fact, and should be willing to support 'the
operation of the Regional Airport. I
Motion to rescind the settlement agreements was presented;
after which, it was moved by Broich, seconded by Murawski ,
and unanimously carried, that motion be adopted.
Council Minutes
9-4-91, Page 6
CONSENT AGENDA:
Items 4, 7, and 24 were considered separately.
5. Res 17625 amending the Allocated Positions and Compensation Plans (061-
for positions in the City service for the 1991-92 fiscal year. 0)�)
6. NO 4830 and 4831 approving first amendment to sublease with Voss (117-
Investment Properties; and waiver of accrued interest due for 035)
$5,924.
8. 110 4832 approving contract with Tony Berlant for creation, (139-
fabrication and installation of Public Art to be placed in the 001)
Convention Center Lobby for $100,000. A#3020.
9. Res 17626 and 17627authorizing the City Manager to accept a Grant (051-
Offer through the Federal Aviation Administration, Airport Q20
Improvement Project (AIP-14) for $3,615,750; and amending the —
budget for $66,750 for Grant match. A#3021.. (061-
010)
10. MO 4833 approving supplemental agreement #11 to A2547 with Isbill
Assoc. Inc. , for engineering design and inspection services related (051-
to the new parallel runway for $328,000. 021)
11. Res 17628 approving time extension for TPM24346 for property (119-
located on the southeast corner of Ramon Road/Gene Autry Trail , 001)
M-1 zone, Section 20.
12. MO 4834 authorizing the release of budgeted funds to the P.S. (050-
International Film Festival as follows: $37,000 by September 010)
15, 1991; $40,000 by April 15, 1992; and $35,000 by June 15,
1992; the latter two payments are contingent upon the receipt
of the Financial and Operational report for the 1992 Film Festival ,
and acceptance by Council .
13. Res 17629 and 17630 amending the budget for participation costs
to Riverside County Flood Control District for Line 27, (Phase (061-
2-$127,000 and Phase 3-$90,000) , construction of Sunrise 010)
Way/LAVerne storm drains; and amending the budget for participation
costs to Riverside County Flood Control District for Line 4,
construction of Vista Chino storm drains for $110,000.
14. MO 4835 awarding contract to Manhole Adjusting Contractors Inc. , (136-
for annual rubber chip applications, City wide, for $767,391.99. 041)
A#3022.
15. HO 4836 and Res 17631 awarding contract to Nottson Construction
Co. , for sludge bed upgrade at the Wastewater Treatment Plant (127-
for $162,574.50; and amending the budget for $100,000 thereto. 001)
A#3023.
16. 1,10 4837 awarding contract to Doug Martin Contracting Co. , for
annual street slurry seals, City wide, for $141,717.57. A#3024. (136-
0,f//)
17. MO 4838 approving Change Order No. 1 with Matich Corporation
for overlay of parking lanes on Tahquitz Canyon Way for $43,680.00. (136-
039)
18. MO 4839 approving Community Block Grant Program subrecipient
agreement with the Boy's and Girl 's Club of Palm Springs, Inc. , (035-
to resurface gymnasium floor for $30,000. A#3025. 001)
19. MO 4840 approving Community Block Grant Program subrecipient (085-
agreement with Desert AIDS to provide medical services to persons 001)
with AIDS for $20,000. A#3026.
Council Minutes
9-4-91, Page 7
CONSENT AGENDA (Cont'd)
20. MO 4841 approving Community Block Grant Program subrecipient (085-
agreement with Coachella Valley Housing Coalition for engineering 001)
of Coyote Run Apartments for $16,000. A#3027.
21. MO 4842 approving Community Block Grant Program subrecipient (085-
agreement with Coachella Valley Housing Coalition for engineering 001)
for self-help housing for $65,250. A#3028.
22. 1,10 4843 approving Community Block Grant Program subrecippient (085-
agreement with Riverside County Alternatives to domestic violence 001)
for purposes of services to victims of domestic violence for
$1,000. A#3029.
23. Res 17632 approving an agreement containing first amendments (124)
to agreements for reimbursement of tax increment funds with Desert
Water Agency related to the South Palm Canyon, Ramon-Bogie, Oasis,
North Palm Canyon, Highland-Gateway, Bari sto-Farrell , and Project
Area No. 9 redevelopment project areas.
25. Res 17633 approving amendments for group health insurance, dental
insurance and Yong-term disability insurance, and city contribution (096-
rates for 1991-92 fiscal year. 002)
26. Res 17634 approving amendments for agreed fees for services with
Desert Physicians Association and Desert Hospital for fiscal (096-
year 1991-92. 002)
27. Res 17635 approving amendments for a self-insured medical benefits (096-
plan for fiscal year 1991-92. 002)
28. NO 4844 approving sole purchase of 390 square ,yards of carpet (13y
tiles from Interface Flooring Systems, for $10,803. 98.
29. NO 4845 awarding bid for one turf aerator to Desert Turf for
$25,698.38. (084-
008)
30. MO 4846 awarding bid for printing of rack brochures to Bowman
& Sons Printing for tourism division for $13,494.61.. (084-
008)
31. 1,10 4847 award bid for 225 tables for Convention Center to Virco
Manufacturing Corporation for $6,809.80; and king Arthur for (139-
$14,365.73. 002)
32. HO 4848 awarding bid for tree trimming services to West Coast (136-
Arborists, Inc. , for $9,902.00. 032)
33. MO 4849 awarding bid request for proposal for maintenance of (l1'1-
communications equipment to Riverside Communications for $32,898.00 aq)
for two years with provisions for increases and decreases on
a unit price basis.
34. MO 4850 awarding bid for 1500 stacking chairs For Convention (139-
Center to Shelby Williams Industries, Inc. , for $96,166.68, 00211
35. Res 17636, 17637, 17638, 17639, 17640 and 17641, Payroll Warrants, (086-•
and Claims & Demands.
36. MO 4851 appointing Nancy Blee, PhD. , as Commissioner pro tem
of the Rent Review Commission for the limited purpose of (060--
participation in the meeting of the Commission to act upon the 016)
written findings and decision in the hardship rent increase
proceeding for E1 Dorado Mobile Home Park.
It was moved by Broich, seconded by Murawski , and unanimously
carried, that Resolutions 17625 through 17641 and Minute
Orders 4830 through 4851 be adopted.
Council Minutes
9-4-91, Page 8
CONSENT AGENDA (Separated items cont'd)
4. BUDGET AMENDMENT
City Manager stated that the Council previously approved
salary adjustments for the Council Affairs Division; and
that the proposed resolution is to cover those increased
costs.
Councilmember Hodges stated that there are questions regarding
the Council Affairs Administrator position; that the salary
without fringe benefits is $55,000; that in the 1989-90 budget
the position being adjusted now, was salaried at $35,000;
and in 1990-91 the salary was raised to $36,958; that in
1991-92 the position salary raised to $43,822; that another
raise is now being proposed; that in the last 13 months $16,000
in increase has been given to the position; that the salary
does not include the benefit costs; that other positions
in the City require College degrees to be at the same salary
level ; that the proposed salary allocation is higher than
the Risk Manager, City Clerk, Fire Battalion Chiefs, or Police
Captains; that the allocation is not justified; and the
position does not warrant the increase; that the Division
salaries with the proposed increases will be over $107,000,
and only one year ago was $45,000; and for the additional
$55,000 the City could add another firefighter.
Councilmember Broich concurred with Councilmember Hodges ;
and added that the amendment should not be approved.
Mayor Bono stated that to compare the position of the Council
Affairs Administrator to another position is discriminatory;
that the Council should not try to evaluate jobs; that the (061-
post was an idea conceived by Councilmembers Broich, Hodges, 010)
and Murawski ; that the previous Council 's were content to
have the position remain as it was; that new duties have
been assigned to the position; that the affairs of the City
Council are numerous; that the position has not been given
a raise in the past 12 years; that there were no pay increases;
and that the individual in the position was excluded from
raises in the past.
Councilmember Murawski stated that the populace does not
understand what the position entails; that the City Council
has many directions that the administrator is asked to handle;
that whatever is happening in the City, the individual is
asked to handle it; that the salary is high, but that the
job demands it; and that the individual has always been devoted
to the City.
Councilmember Broich stated that the Division was needed,
but that this type of salary was never anticipated; and that
it is a fallacy that the position was never given a raise.
Resolution 17642 amending budget for $17,703 to provide funds
for reclassification and range adjustments of Council Affairs
Administrator and Administrative Assistant for remainder
of 1991-92 fiscal year was presented, after which, it was
moved by Murawski , seconded by Neel and carried by the
following vote that R17642 be adopted:
AYES: Murawski , Neel and Bono
NOES: Broich and Hodges
ABSENT: None
Council Minutes
9-4-91, Page 9
CONSENT AGENDA (Cont'd)
7. FOTOUHI ALONSO INCORPORATED ADVERTISING SERVICES
City Manager requested that the Council to waive usual
purchasing procedures, and approve an agreement with Fotouhi
Alonso, Incorporated, for a period of two years, not to exceed
$1.2 million annually, subject to additional negotiations
and approval by the City Attorney of final contract document.
A#3019.
City Attorney stated that the contract is for a maximum of
$1.5 million.
Councilmember Murawski stated that the interviewing procedures
were handled by the Visitors and Promotion Commission; that
the designated 1% of the TOT tax will go towards this campaign;
and that the firm is highly regarded and recommended.
Mayor Bono stated that the item should have been a legislative (050-
item; that he did not object to the item, or the expenditure, 001)
but did not understand why the citizens have, not questioned
the expenditure; that the Visitors and Promotion Board should
have arranged some type of presentation to the Council ; that
normally a proposed firm would give the City Council a
presentation; and that anything that promotes the City is
valuable, but that he takes exception to the item being placed
on the consent agenda.
Councilmember Murawski thanked the City Council for working
with the Visitors and Promotion Board; that the process for
obtaining a Public Relations firm had been in progress since
August; and that the forethought of the City Council is
starting to be seen.
Minute Order 4852 waiving the formal bid process and awarding
Fotouhi Alonso Inc. , the advertising services for the Tourism
Division for two years, not to exceed $1. 2 million per year,
subject to additional negotiation and final approval of the
City Attorney, was presented, after which; it was moved by
Broich, seconded by Murawski , and unanimously carried, that
M04852 be adopted.
24. ARTHUR GIMMY APPRAISAL SERVICES FOR THE PALM SPRINGS CLASSIC
GOLF COURSE PROJECT
Recommendation: That the Council approve a contract for
professional services with Arthur Gimmy International for
appraisal services on the Palm Springs Classic Golf Course
Project for $24,750 plus reasonable travel and other expenses. (133-
A#3030. 003)
City Manager highlighted the staff report.
City Attorney stated that the agreement could be approved
subject to final approval of City Attorney, and added that
some final points regarding insurance are being negotiated.
Mayor Bono stated that the project would be an enhancr^men+
to the City.
Minute Order 4853 approving professional services contract
with Arthur Gimmy International to provide appraisal services
on the Palm Springs Classic Golf Course Project for $24.,750,
plus reasonable travel and other expenses was presented;
after which, it was moved by Broich, seconded by Murawski ,
and unanimously carried, that MO 4853 be adopted.
Council Minutes
9-4-91, Page 10
ADDED STARTERS: None
37. COMMISSION APPOINTMENTS:
a) Council liaisons, or other representatives
League of California Cities, October, 1991 (060-
Mayor Bono - voting delegate
010)
Councilmember Hodges - alternate
National League of Cities, December, 1991
Mayor Bono - voting delegate
Councilmember Broich - alternate
b) Boards/Commission Appointments - None
REPORTS & REQUESTS
38. ANNUAL REPORT - Received & Ordered Filed
Library Fiscal Year 1990-91 (099-
001)
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 July 10, 1991, at 3:30 p.m. , in the Large
Conference Room, City Hall .
JUDITH SUMICH
City Clerk
By: PATRICIA A. SANDERS
Assistant City Clerk