HomeMy WebLinkAbout1991 - MINUTES - 12/4/1991 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
DECEMBER 4, 1991
A Regular Meeting of the City Council , of the City of Palm Springs,
California, was called to order by Mayor Bono in the Council Chamber,
3200 Tahquitz Canyon Way, on Wednesday, December 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 Flag Salute and a moment of silence.
REPORT OF POSTING OF AGENDA:
Report of City Clerk: Agenda posted in accordance with
Council procedures on November 27, 1991.
PROCLAMATION:
Mayor read in full , and presented to its representative,
a proclamation concerning "Party Smart" Month, April ,
1992, relative to Spring Break.
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 .
PUBLIC HEARINGS:
1. STREET VACATION - PASEO EL MIRADOR
On November 6, 1991, the Council declared intent to vacate
a portion of Paseo El Mirador and Avenida Palos Verdes,
east of Indian Canyon Drive, and set this as time for
hearing.
City Manager recommended that this matter be continued
to January 22, 1992, in order to permit Desert Hospital
additional time to resolve certain issues.
Mayor declared the hearing opened; there were no
appearances.
It was moved by,,,,Braich, seconded by Neel , and unanimously
carried, tfi� � 'hearing be continued to January 22,
1992.
2. PD 223 & TTM 27208 - BAYLESS
Recommendation: That the Council approve a planned
development district, and Tentative Tract Map 27208 for
a 64 single-family residential lot development on 20.37
acres bounded by San Rafael , Avenida Caballeros and Francis
Drive (no oral report given).
Mayor declared the hearing open.
Mr. Bayless indicated his availability to answer questions.
There being no further appearances, the hearing was closed.
Resolution 17697, as recommended, was presented; after
which, it was moved by Broich, seconded by Hodges, and
unanimously carried, that R17697 be adopted.
Council Minutes
1.2-4-91 Page 2
PUBLIC COMMENTS:
a) Doris Segenfeld, thanked the Council for the ordinance
concerning slaughter of animals.
b) Steve Grasha, 1393 San Joaquin, expressed opinion
that the Council needs to address the Eagle Mountain
landfill issue; and that he favored renaming a street
in the City after Kirk Douglas.
c) Bob Hargraves,, Best, Best & Krieger, representing
the City of Desert Hot Springs, stated that members
of the City Council of Palm Springs recently indicated
to the Desert: Hot Springs Council that: it did intend
to annex north of I-10; that the reasons in the
resolution (Item 10) are not sufficient to support
a change in position; and that Desert Hot Springs
hopes that the situation can be resolved openly, and
in a friendly way.
Councilmember Murawski stated that he felt the people
in unincorporated areas should be determining which
city they wish to annex to.
Mr. Hargrave concurred, and added that if such is
the case, it: should be included in the resolution
so discussion can begin.
Mayor noted that the Council had discussions with
the wind energy industry about one year before the
meeting with Desert Hot Springs; that the industry
owners entered into an MOU with the City, part of
which called for the annexation of the area, primarily
owned by the wind energy owners; and that the Council
will make every attempt to handle the matter in a
friendly and open way with Desert Hot Springs.
d) Cobby Silverstone, 2300 Cantina Way, asked what the
City' s intent would be regarding the County noise
and visual pollution mitigation measures concerning
the wind farms; as well as the developer' s request
to the County Grand Jury for consideration of reduced
property taxes; and that property owners in the Painted
Hills and along Dillon Road are vehemently opposed
to the annexation.
Planning Director reported that the City was strong
advocate of the adoption of mitigation measures by
the County, and provided considerable input to the
final standards; that residents were present at the
Planning Commission meeting, and expressed their views;
that the subject will be publicly debated; that the
registered voters in the area have not been polled,
and a diligent effort will be made to respond to the
questions as they come up.
e) Frankie Brown, 670 Calle Palo Fierro, commented on
the need for, more cultural activity in Palm Springs,
and his hope that future Councilmembers will support
music, art and other cultural endeavors.
f) Linda Cooper Lee, 980 Garden Road, stated that
sprinklers on property at 1422 E. Vista Chino deposit
water on the street and in the gutters , creating safety
problems for handicapped persons particularly in
wheelchairs; and causes debris to collect in grates.
Council Minutes 'W '
12-4-91 Page 3
g) Norbert MacDaniel , Box 854, Palm Springs, consultant
to the Desert Rail Authority, stated that a recent
ad in the local newspaper produced gratifying response
in favor of the monorail between the Airport and the
Convention Center.
h) Coral C. Walker, 2033 E. Ramon, representing Fire Bird
homeowners and some of the owners of the Sunflower
Condominium Association, commented on the palm trees
east from Sunrise Way, and stated that she has tried
to find the right entity for dealing with the rat
infestation which occurs as a lack of proper tree
trimming; and asked for help in alleviating the problem.
Director of Public Works stated that the current policy
is to trim trees up to a distance of 1.2 feet; and
there are supporters of both trimmed, and partially
trimmed "skirt" fronds.
i ) Craig Cassing, 600 Murray Canyon, presented a petition
signed by merchants on North Palm Canyon Drive in
the CBD, concerning the nuisance created by the closing
of the Union 76 service station at Amado and Palm acre
Canyon, and requesting the Council to take swift action
to bring economic life to Palm Springs.
Council indicated to Mr. Cassing that when the matter
came to its attention, efforts were made to have the
company move quickly for demolition and clearance,
which should be accomplished within the next 30 days,
and to provide an access to the Chamber of Commerce,
and possibly create a temporary mini-park. Staff
was asked to send a letter to everyone who signed
the petition, letting them know that the closure was
not at the direction of the City Council ,
j) Dee Dee Stone, 142 Eastlake, commented on the need
to act on the Eagle Mountain landfill proposal .
LEGISLATIVE ACTION:
3. ANNEXATION 24/25
On November 20, 1991, the Council conducted public hearing
on Annexation 24/25, and continued action to this date.
City Manager highlighted the memorandum o+ Director of
Planning & Zoning, and reported that a LAFCO condition
of approval requires a maintenance agreement with the
County concerning Salvio Road, which was provided in draft
form, and final form is subject to approval of the City
Attorney.
Resolution 17698 ordering annexation without election;
and approving maintenance agreement with Riverside County
Transportation Department, A3050, was presented; after
which, it was moved by Broich, seconded by Murawski , and
unanimously carried, that R17698 be adopted.
32 Council Minutes
12-4-91 Page 4
4. ALLOCATED POSITIONS & COMPENSATION PLAN AMENDMENT No. 2
Recommendation: That the Council amend the Allocated
Positions & Compensation Plan to add one Disability Services
Coordinator in the Personnel Division, at MX14 ($2712-31319).
City Manager highlighted the memorandum of the Personnel
Director, noting that the Americans with Disabilities
Act (ADA) was signed into law on July 26„ 1990, and the
benefits to the City in reduced liability through uniform
compliance with state and federal requirements, and
centralized technical assistance to city departments,
which will eliminate duplication of effort.
Council commended the proposal , and noted that the position
will enable the City to help a viable segment of the
community.
City Manager introduced Phil Kaplan, who was selected
to fill the position.
Resolution 17699 as recommended, and Resolution 17700
amending the budget to appropriate $11,131 for the remainder
of the fiscal year, were presented; after which, it; was
moved by Hodges, seconded by Murawski , and unanimously
carried, that R17699 and 17700 be adopted.
5. MUNICIPAL CODE AMENDMENT - SLAUGHTER OF ANIMALS (Intro. 11-20-91)
City Clerk read title of Ordinance 1400, concerning the
slaughtering of animals in the City; after which, it was
moved by Broich, seconded by Hodges, and unanimously
carried, that further reading be waived, and that 01400
be adopted.
6. MUNICIPAL CODE AMENDMENT - STUDY SESSIONS
Recommendation: 'That the Council amend the Municipal
Code to change study session starting time and frequency
to every Tuesday preceding regular City Council meetings,
at 1 p.m.
City Manager stated that the proposal would reduce the
number of study session from weekly to twice per month.
Councilmember Broiich expressed strong opposition to the
proposed change, stating that the Council needs to be
in attendance weekly to deal with the issues relating
to the City; and that twice per month is not. enough time.
Councilmember Murawski stated that he felt great
organizational strides have been made, and many other
cities operate on similar schedules, and that it will
give more time for members to do the things that need
to be done, and emergency sessions can always be called;
and that he considered it a more versatile schedule for
everyone.
Councilmember Hodges stated that she also opposed the
proposal , and did not think it was too much for the public
to expect a session once per week to address City business;
that she was not concerned about other cities ' practices,
since the Council must do what is best for the community;
that there are other activities that need addressing,
but the first obligation is the City's business; that
under the existing schedule, members are not mandated
to be at every study session, and occasionally missed
meetings would not impact the process, as long as there
is a quorum.
Council Minutes
12-4-91 Page 5 "
6. STUDY SESSIONS (Continued)
Mayor stated that the Council is active and attentive,
and reacts to situations as they occur, and if it appears
that the new schedule results in a loss of momentum, it
can be changed; that it is worth trying; and the City
Manager feels it will not result in a loss of effectiveness
or efficiency in handling matters of the City.
Councilmember Murawski stated that when he had his business,
he was spending 40-60 hours per week on City business;
that he will continue to devote time, but felt the system
needed to be adjusted to allow more versatility for
individual schedules.
Councilmember Broich stated that he probably attends more
meetings than anyone, and still has no problem in weekly
study sessions, and remained opposed to the reduction.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 2.04.015 OF THE PALM SPRINGS MUNICIPAL
CODE, CONCERNING STUDY SESSIONS.
It was moved by Murawski , seconded by Neel , and unanimously
carried, that further reading be waived; and it was moved
by Murawski , seconded by Neel , and carried by the following
vote, that the Ordinance be introduced for first reading:
AYES: Murawski , Neel & Bono
NOES: Broich & Hodges
ABSENT: None
LEGISLATIVE ACTION:
7. DEVELOPMENT PROJECTS - CONSULTING SERVICES
Recommendation: That the Council approve an agreement
with Keyser Marston Associates, Inc. for evaluation of
the economic and financial feasibility of various proposed
development projects, not to exceed $100,000 - maximum
per project to be set on a case-by-case basis - Agr 3051.
City Manager highlighted his memorandum, and noted that
in most cases the cost would be paid for by a developer,
however, there may be instances when the City would desire
the study to be done in anticipation of a future project
or plan. He stated that the City is not locked into the
full amount, rather it sets the rate for work as requested.
Councilmember Hodges stated that she did not understand
why a contract could not be let on a case-Ly-case basis,
rather than enter into contract and then find projects
to be done; and that she was not opposed to feasibility
studies, however, they should be done as projects come
up.
City Manager stated that the studies have been done in
the past, and he and the City Attorney looked at RFPs
from several firms, with the purpose of having a firm
which could be relied upon both professionally, and for
a fast turnaround.
3 3 {
Council Minutes
12-4-91 Page 6
7. CONSULTING SERVICES (Continued)
City Attorney stated that the standard personal services
contract includes a 30-day cancellation; that it was felt
rather than enter, a separate contract each time, which
is a time-consuming process, it would be better to have
a firm ready to perform, with its insurance in place;
that often negotiations have been in process, when it
was discovered that an in-depth analysis was needed, and
if an on-call contract were in place, it would have
facilitated that negotiation; and that before any work
is assigned, a cost would be obtained and brought back
to the Council with details as to how it would be paid.
Councilmember Hodges stated that if the consultant, is
aware of the standard form contract, it should not be
that difficult to enter into separate agreements.
City Manager stated that he felt the work will be
accomplished more quickly because of the consultant' s
familiarity of other projects; and that more control is
actually gained, in an upfront way.
City Attorney stated that the consultants were aware that
other proposals were being considered and therefore stayed
with reasonable fees; that two of the three proposals
were close in rate.
Mayor stated that the City Manager and City Attorney are
trying to act more efficiently and effectively for the
City; that the proposal expedites the process and therefore
would result in a savings of money in City Attorney time;
that the need arises often enough to warrant the contract;
that bureaucratic processes slowdown projects; and if
there is no risk or loss of control , the dollars savings
must be considered.
Councilmember Murawski stated that this actually responds
to complaints that have been made about hindering projects;
and that the Council will still have to approve the projects
as they are assigned, and the City Manager's authority
is limited to $5,000.
Minute Order 4911 as recommended was presented; after
which, it was moved by Neel , seconded by Murawski , and
carried by the following vote, that M04911 be adopted:
AYES: Broich, Murawski , Neel &Bono
NO: Hodges
ABSENT: None
8. ADDITIONAL LEGISLATIVE ITEMS - None
CONSENT AGENDA:
9. Res 17701 revising appropriations limit for 1990-91, and
electing to use the California per capita income and County
of Riverside population growth as the modifying factors to
be used in the calculation thereof.
10. Res 17702 opposing application by the City of Desert Hot Springs
to expand its sphere of influence and commence annexation
into areas currently tinder study by the City of (Palm Springs.
11. MO 4912 consenting to the cancellation of Lease Agreement
2625 with Warner Cable Communications, Inc.
Council Minutes
12-4-91 Page 7
12. Res PULLED AT REQUEST OF DIRECTOR OF AVIATION awarding contract
for installation of Airport Security Access Control System
(materials at meeting)
13. Res 17703 approving retroactive time extension for PD 204
for property on Vista Chino, between Sunrise Way and Avenida
Caballeros, Section 11, Conard Cole Associates.
14. Res PULLED BY STAFF urging the Governor and Legislature to
take immediate steps to continue funding existing levels of
Alcohol Beverage Control personnel in the 1991-92 State Budget,
and thereafter.
15. Res 17704 reciting the facts of the consolidated special
municipal election held November 5, 1991, and declaring the
results thereof.
16. Res 17705 approving personal services contract with J.M.
Montgomery Consulting Engineers, Inc. for updating the sewer
system master plan, not to exceed $100,000 - A3052,
17. MO 4913 approving personal services contract with Helen Oster,
dba The Paper Chase, for specialized bid/contract documents
for formal bid processes and RFPs, on an hourly basis, not
to exceed $20,000 - A3053.
18. MO 4914 approving subrecipient agreement with the County
Department of Community Action for emergency cold weather
shelter services, for $1,000, under CDBG funds for 1991-92
- A3054.
19. MO 4915 approving proprietary purchase of ticketing hardware,
software and supplies from Turbo Data Systems, Inc. , for
$22,053.89, A2381.
20. Res 17706 approving claims & demands.
ADDED STARTERS: None
COMMISSION APPOINTMENTS:
a) National League of Cities Conference Voting Delegate,
designate mayor pro tem; motion by Hodges, seconded
by Neel , and unanimously carried, to approve said
designation.
b) National Organization of Disability, term 2-years,
(1991-92); motion by Broich, seconded by Murawski ,
and unanimously carried, approving appointment of
Deyna Hodges as Council representative.
REPORTS & REQUESTS:
21. PUBLIC NUISANCE ABATEMENTS
a) Received for filing Proceedings and Accounting Reports
for various public nuisance abatements. city wide.
City Clerk will set hearins-.s thereon.
CITY COUNCIL reports or requests
a) Eagle Mountain Land Fill : Direction to staff to add (IzJ -
to the December 18 Council agenda. e) n!
Council Minutes
12-4=91 Page 8
b) Street Name Change: Consensus to refer suggestion
to rename a local street in honor of Kirk Douglas
to the Planning Commission for recommendation.
PUBLIC reports or requests
a) Jeremy Crocker., 330 W. Arenas Road, stated that delay
in proceeding with the annexation of the wind farm
area results in annual loss of $1.6 million in revenues,
although production has been down and it may not be
as much money; and stated that it would be better
if bids were obtained from consultants who charged
less per hour.
b) Don Frank, 550 N. Cahuilla, General Manager and Project
Coordinator for Desert Rail Authority and Palm Springs
Support Services Transportation, asked for a specific
appointment with the City Manager, who suggested he
contact his office to checkhis calendar of appointments.
STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned.
�JUDIT1H SUMICH
City Clerk