Loading...
HomeMy WebLinkAbout1992 - MINUTES - 1/8/1992 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 8, 1992 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 Chamber, 3200 Tahquitz Canyon Way, on Wednesday, January 8, 1992, at 7:30 p.m. ROLL CALL: Present: Councilmembers Broich, Hodges, Murawski and Neel Absent: Mayor Bono (Note: Mayor en'Lered during the first CRA Item) The meeting was opened with the Flag Salute and an invocation by Reverend Deane E. Hendricks, Palm Springs Presbyterian Church. REPORT OF POSTING OF AGENDA: Report of City Clerk: Agenda posted in accordance with Council procedures on January 3, 1992. COMMUNITY REDEVELOPMENT AGENCY: Mayor declaredthe 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 Broich, seconded by Neel , and unanimously carried, that the minutes of December 4, 1991, be approved PUBLIC HEARINGS: 1. P.D. 74-A HOSEA BROWN Recommendation: That the Council approve revised preliminary and final planned development district PD74-A to allow the change in use of a building froin a bank to (116- a restaurant for property located at 190 N. Sunrise Way, 095) C-1AA, P Zone, Section 13. Director of Planning & Zoning highlighted his report, noting that one letter was received by the Planning Commission, from an adjacent property owner, and that the applicant worked out the issues involved to the satisfaction of the neighbor. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. Res 17728 as recommended, was presented; after which, it was moved by Murawski , seconded by Neel , and unanimously carried, that R17728 be adopted. 2. INTERIM ZONING ORDINANCE - TEMPORARY Recommendation: That the Council extend the interim ordinance (01374) granting the Director of Planning & (103- Zoning the authority to grant temporary, special permits 038) for signs advertising or pertaining to any civic, patriotic, or special event of general public interest, for an additional one year. Council Minutes 1-8-92 Page 2 2. INTERIM ZONING ORD (Continued) Director of Planning & Zoning reported that: the provisions of the interim ordinance 01374 were used to approve signs (103) for several special events, and recommended that it be extended to allow the zoning ordinance amendment process to be completed, and the provision incorporated therein. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. City Clerk read title of the Ordinance 14031, as follows: AN INTERIM ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ALLOW THE DIRECTOR OF PLANNING AND ZONING TO GRANT A TEMPORARY SPECIAL PERMIT OR OTHERWISE PERMITTING, SIGNS, ADVERTISING OR PERTAINING TO ANY CIVIC, PATRIOTIC OR SPECIAL EVENTS OF GENERAL PUBLIC INTEREST, AND DECLARING THE URGENCY THEREOF. It was moved by Broich, seconded by Murawski , and unanimously carried, that further reading be waived, and that 01403 be adopted. 3. NUISANCE ABATEMENT LIENS Recommendation: That the Council conduct public hearings prior to the setting of liens for various public nuisance abatements throughout the City. Code Enforcement Officer King reviewed the memorandum (057- of Director of Building & Safety, noting that two of the 001) liens were paid (3-c-1 and 3-c-30) . Mayor declared the hearings opened; there were no appearances, and the hearings were closed. Councilmember Neel stated that he felt the nuisances were abated, that property owners had sufficient time to pay the assessments, and placing the liens should not be subject to a hearing process, rather the process should be amended to authorize placing the liens when the assessment is not paid upon due notice. Res 17729 through 17759 (31 liens) as recommended, were presented; after which, it was moved by Broich, seconded by Hodges, and carried by the following vote, that 'R17729 through 17759 be adopted: AYES: Broich, Hodges & Murawski NOES: Neel & Bono ABSENT: None PUBLIC COMMENTS: a) Item 12 - General Municipal Election: The following persons spoke, expressing concerns in opposition to the consolidation of-the general municipal election with the statewide general election in November, commencing in 1992: Ruth Licata, League of Women Voters, urging that there (083-- first be more public input and study before any change 009) is made. „:;. Council Minutes 1-8-92 Page 3 a) Continued Art Lyons, stating that candidates would be required to file and campaign during August when there are fewer people in the desert; that voters would be Faced with last minute appraisal of candidates and issues; and that the municipal election is too important to be mixed with state and federal issues. Lloyd Maryanov, 670 Ocotillo, agreed that the cost savings of the election should be explored, and commended the Council for early statement ' that the postponement would not be acted upon at this time. He also questioned whether a report would be forthcoming concerning the City's financial position with the CVJPIA investments in the recent investment firm fisasco. Tony Aguilar, 1975 Mark Leslie, stated that it should be clear as to the benefits of moving the election date, i .e. , larger voter turnout than the historic 50% in local elections. He also commented that the public should have respect for the office of Council , regardless of differing views. Barrantino expressed appreciation for not changing the date. b) Item 11 - Disposal Services: Bob Kuznik, P.S. Disposal Services, 4690 E. Mesquite, (148- expressed appreciation for previous action to continue 001) negotiations; and stated that a full response has been completed and presented to the City, along with proposal on several options requested by the negotiating team; that he agreed with a further continuance. He stated that there seemed to be confusion about the continued agreement and the Eagle Mountain Landfill proposal , and noted that neither is related to the other, and that P.S. Disposal Services has opposed the hauling of trash through the Valley. c) Item 17/18 - PEG Access: Alan Bayrak urged that public CATV access to local board/commission meetings not be the prerogative of (089- the board or commission , rather of that the public 003) should choose whether to view the meetings. d) Item 7 - Convention Center: Tom Schmidt, 3388 San Martin Circle, questioned whether (139- RFPs were called for; how many local firms were 001) approached; and why were local hotels not asked for opinions regarding pre-selection of a group. He stated his concern related to rapid process, rather than the fact of privatizing the management of the facility. e) The following persons spoke on other matters: Gary Bostworth, Box 366, Palm Springs, concerning the special meeting called December 31, and expressing view that it violated the spirit of the Brown Act, if not the legal aspect. Council Minutes 1-8-92 Page 4 e) Continued Marissa Shaw, Desert Access, commended everyone involved in securing improved Sun Line bus service to meet handicap needs , and suggested that cities join together in funding the goal of attaining 5 new buses in one year, rather than in five years. She expressed criticism concerning her view of the. mayor's support of services for disabled persons. Sid Garris, 2112 Casitas Way, congratulated success of film festival . Howard Lapham concerning proposed 18-h0le golf course, and his view that it will result in a fiscal emergency in the next few years, because of debt services, projected expenses, and that the public would like to know how the City intends to fund it. Linda Cooper Lee. concerning denial of public comment opportunity at the special meeting of December 30, and her opinion that the Council and Mayor acted improperly and called for the resignation of the full Council , with the exception of Ms. Hodges. Don Frank, 550 N. Cahuilla, concerning pay for Councilmembers, and his view that if it were set at $50,000 annually more people would seek office, which he felt was a full-time position. LEGISLATIVE ACTION: 4. MUNICIPAL CODE AMENDMENT GRAFFITI REMOVAL PROGRAM Recommendation: That the Council approve an amendment (10FS- to the Palm Springs Municipal Code, to add Section 11.71. 172 DOT) and 11.72.174, declaring graffiti to be a public nuisance and adding Chapter 11.70, concerning graffiti . Assistant City Manager noted that the program has been a success; that the ordinance originally contained urgency provisions; and that the adoption of the ordinance will allow the program to continue, and to be codified. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTIONS 11 .72. 172 AND 11.72. 11I74 OF THE PALM SPRINGS MUNICIPAL CODE DECLARING GRAFFITI TO BE A PUBLIC NUISANCE AND ADDING CHAPTER 11.70 TO THE PALM SPRINGS MUNICIPAL CODE: PROHIBITING THE POSSESSION AND SALE OF AEROSOL CONTAINERS OF PAINT TO MINORS, PROHIBITING GRAFFITI , PROVIDING FOR ITS REMOVAL BY CITY OFFICIALS AT THE CITY'S EXPENSE AND ESTABLISHING A REWARD TO PERSONS OFFERING INFORMATION LEADING TO THE, APPREHENSION OF GRAFFITI VANDALS. It was moved by Broich, seconded by Neel ., and unanimously carried, that further reading be waived, and that the Ordinance be introduced for first reading. 5. ORDINANCE FOR SECOND READING & ADOPTION ( Intro .12-18-91) City Clerk read title of Ordinance 1402 regarding establishment of speed zones; after which, it was moved by Broich, seconded by Hodges, and unanimously carried, �`0 ) that further reading be waived, and 01402 be adopted. Council Minutes 1-8-92 Page 5 6. STREET WORK RESTRICTIONS Recommendation: That the Council establish policy relative to restricting street work on major and secondary thoroughfares during the winter season months. Assistant City Manager reviewed the revised memorandum of the Director of Public Works, specifying the (114- circumstances under which construction is permitted between 004) January and Memorial Day weekend on major or secondary thoroughfares; and under which construction is precluded for non-emergency work between November 15 through Memorial Day weekend in the CBD and on Tahquitz Canyon, Ramon Road, Palm Canyon and Indian Canyon. He stated that the revised policy has been reviewed, and concurred in, by the utility companies. Mayor stated that he considered this an unnecessary governmental process; that thO past staff record has been a keen awareness of the problems and whenever action was necessary, it was done in good faith and in good judgement; that less government is better; that circumstances will arise which eventually will result in more action being needed, on and on; and that he felt the policy was something that the staff and Council could stay abreast of without a written edict. In answer to question by Council , Director of Public Works stated that weather conditions also affect the period of construction; that there will be a narrow window within which to proceed, however, he felt it was workable situation if the Council so desired. Councilmember Neel concurred with the Mayor' s remarks, and agreed that it should be a staff decision in coordinating work, and scheduling construction periods. Res 17760 as recommended, was presented; after which, it was moved by Broich, seconded by Hodges, and carried by the following vote, that R17760 be adopted: AYES: Broich, Hodges & Murawski NOES: Neel and Bono ABSENT: None 7. PALM SPRINGS CONVENTION CENTER MANAGEMENT SERVICES Recommendation: That the Council authorize City Manager to negotiate and prepare an agreement with Leisure (139- Management International to provide management services 001) for the Palm Springs Convention Center. Assistant City Manager reported that the center was managed by city staff until a vacancy occurred in early 1991; that subsequently the Council approved an agreement with SENCA for facility management as well as management of the expansion project; that option to cancel said agreement was exercised, and that contract was nullified as of December 23; that the new City Manager was instructed to look at options as to how the facility should be managed, i ; Council Minutes 1-8-92 Page 6 7. CONVENTION CENTER (Continued) which included retaining SENCA, hiring a new city staff person, or contracting the management withni firm specializing in facility management; that the city manager talked with three specialty firms, and has recommended negotiating a contract with Leisure Management International ; that a cost savings of $200,000 in convention center operation should be realized, and should result in increased bookings as a result of LMI ' s national and international client contacts; that LMI met with eight of the major hotels and the Convention Center Commission, and received optimism from them. Councilmember Murawski stated that the City Manager has dealt with the big hotels; that the Wyndham was interested in operating the Center, however, he felt that would pose a conflict of interest; that LMI has been thoroughly checked out, and bring the possibility of western versions of its same eastern convention markets; and that the facility is very impressive, and needs to be filled, as quickly as possible. Minute Order 4925 as recommended, was presented; after which, it was moved by Murawski , seconder.) by Hodges , and unanimously carried, that M04925 be adopted„ 8. DOWNTOWN PALM SPRINGS TRAFFIC ANALYSIS AND IMPLEMENTATION PLAN Recommendation: That the Council approve an agreement (136- with Kimley Horn and Associates to provide professional 041) consulting services, in regard to a traffic analysis and implementation plan within the Central Business District Redevelopment Area of Palm Springs for $45,638. Assistant City Manager reported that staff would like to bring forward additional information, particularly related to proposed master plan for capital improvements downtown, before proceeding with consideration of the recommendation. It was moved by Broich, seconded by Murawski ., and unanimously carried, that this matter be continued to January 22, 1992. 9. GOLDEN PALM PLAQUES, HERITAGE NIGHT CELEBRATION AT THE PLAZA THEATRE Confirmation of City Council desire to assure funding is provided to Golden Palm Plaque, Heritage Night Celebration at the Plaza Theatre, as requested by Mayor pro tem Broich and Councilmember Murawski . Assistant City Manager reported that the concept was endorsed by the Council at a recent study session; and at the last study session, the Chairman of the Public Arts Commission indicated the Commission' s willingness to fund the $10,000 cost. Council Minutes 1-8-92 Page 7 9. PLAZA THEATRE (Continued) Councilmember Hodges stated that the cost should not be an on-going expense for the Commission, rather additional plaques should be fund through private sources. It was moved by Murawski , seconded by Broich, and unanimously carried, that up to $10,000 of Public Art funds be committed for the initial project; that the final plaque design be subject- to approval by the Public Art Commission; and that future funding be looked to from the private sector. 10. RESOLUTION OF AIRPORT ACCESS CONTROL ISSUE Recommendation: That the Council select Bechtel Corporation (051- to be the Airport Access Control Consultant, and authorize 015) the City Attorney._ to finalize a standard professional services agreement for engineering consulting services therewith, not to exceed $150,100 - A3060. Assistant City Manager reviewed the memorandum of Director of Aviation. Minute Order 4926 approving action as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that M04926 be adopted. 11. CONSIDERATION OF PROPOSAL FOR PALM SPRINGS DISPOSAL SERVICES On December 18, 1991 Council continued consideration of (148- proposal from the Palm Springs Disposal Services. Proposal 001) to be supplied at Study Session. It was moved by Broich, seconded by Murawski , and unanimously carried, that this matter be continued to January 22, 1992. 12. 1992 GENERAL MUNICIPAL ELECTION Note: At the beginning of the meeting, Councilmember (085- Murawski stated that during the election when he was running 009) for office, there were a lot of -people who did not participate in the voting because of the time during which the election was held; that he received a letter from a local voter relative to the various codes and options, and he thought it was something that the general populace might be interested in; that since he raised the matter at the last study session, some people think there is some intrigue as to the motivation for raising the issue; that there is none; and that he would support retaining the election in April , 1992, and ask that the matter be considered for the following municipal elections; that he felt it was more important to be held in November, rather than in April . Recommendation: That the Council call and give notice of the General Municipal Election to be held Tuesday, April 14, 1992, for the election of two members of the City Council , and a Mayor, each for a full 'term of four years; adopt regulations for candidates for elective office, pertaining to materials submitted to the electorate and costs thereof; and request the Registrar of Voters to render specified services in connection with said election, including the canvass of said election. � Jay Council Minutes 1-8-92 Page 8 12. 1992 GENERAL ELECTION (Continued) City Clerk highlighted the process, and in answer to question by Council , stated that the candidate's statement deposit was based on projections from the Registrar, assuming the maximum cost to the City; that it may be possible to reduce the amount if it is reasonable to assume a larger number of candidates will submit statements for inclusion in the ballot, and would reevaluate the matter prior to the opening date for filing papers. Councilmember Hodges urged that it be reduced, rioting that any refund does not come back to the candidate until after the election , and that a lesser deposit may encourage more candidates to file statements. Councilmember Murawski stated that there was no hidden agenda on his suggestion at the last study session that the election be consolidated in November; that it was not initiated by any candidate, nor the mayor, nor any Councilmember, rather his response to material provided by a voter of Palm Springs, and that he felt it should be pursued at a future date. Councilmember Neel suggested it be a matter for the next City Council . Mayor stated that to clarify his position, should the issue arise again with the present City Council , that he spoke with the City Attorney regarding potential conflict of interest, and neither he, nor other members of the Council , has a conflict; that because his term would extend to November, the public imagination gets carried away, and he would prefer to be on record as abstaining. He stated that from a general point of view, he believes the election should be consolidated because the statewide general results in a higher voter turnout, and the voter participation would be better for the City. Councilmember Broich requested that a staff report be presented at a future study session, on the pros and cons of a future consolidation, and expressed his view that the Mayor should not abstain. Councilmember Hodges stated that she, too, would like to see it addressed in the future, and noted that the Mayor's particular election in 1988 was an unusually high turnout, because of his celebrity status, and not typical of a 35+% turnout, as the past ten years may demonstrate. Res 17761 and 17762 as recommended, were presented; after which, it was moved by Broich, seconded by Murawski , and unanimously carried, that R17761 and R17762 be adopted; and that staff prepare a report regarding consolidation of the municipal election with the statewide general election in even years. ADDITIONAL LEGISLATIVE ACTION: 13. TRAFFIC SIGNALS - CALTRANS F.A.U. REIMBURSEMENT AGREEMENT Recommendation: That the Council approve supplement to City/State Master Agreement for the reimbursement of (130- approximately $145,230. 13 of F.A.U. funds for traffic 0011) signals at Sunrise Way and Tachevah Drive and signal modifications at Ramon Road and Farrell Drive, CP90-10, A3004. Council Minutes r 1-8-92 Page 9 13. SIGNALS (Continued) Assistant City Manager highlighted the memorandum of the Director of Public Works. Councilmember Murawski suggested that staff look to use of FAU funds for the possible downtown traffic circulation conversion program. Minute Order 4927, as recommended, was presented; after which, it was moved by Broich, seconded by Hodges, and unanimously carded, that MO 4927 be adopted. CONSENT AGENDA: 14. MO 4928 approving Change Order 3, 4, 5, and 6 with Walsh Pacific (139- Construction, Inc. , for the Convention Center expansion project 004) for an aggregate amount of $51,212. - A2968 15. Res 17763 authorizing the execution of the standard agreement and any amendments thereto and related documents for the (085- implementation and participation in the operational phase 003) of the State of California' s Rental Housing Construction Program - A2593. 16. MO 4929 and 4930 approving the purchase and installation of hardware and software for the expansion of a local area network (117- to provide access to the Land Use Management and Building 006) Permit Systems for the Building & Safety, Planning & Zoning and Public Works Departments for 1991-92 fiscal year for $48,000. ; and approving the purchase for Cordes Data Systems of Multi-User software for parcel information and building permit tracking for $22,000. 17. See separate item. 18. See separate item. 19. Res 17764 approving Amendment No. 3 to the Allocated Positions (061- and Compensation Plans to delete one Code Enforcement Assistant 011) (G18) and to add one Code Enforcement Officer (G29). 20. Res 17765 approving Amendment No. 4 to the Allocated Positions (061- and Compensation Plans to add one Principal Plans Examiner 011) (MX16) . 21. Res 17766 approving the first 12-month time extension for (116- preliminary planned development for Cs. 5.0522, PD205 for 072) a retail center located at the northwest corner of Sunrise Way/Tahquitz Canyon Way, R-4VP, C-1AA Zones, Section 14 (IL) . 22. Res 17767 approving acquisition of two lots in an area south (092- of Mesquite Avenue, east of E1 Cielo Road, north of Tahquitz 010) Creek, Section 19, for $10,000. 23. Res 17768 approving the acquisition of nine lots in an area (092- south of Mesquite Avenue, east of E1 Cielo Road, north of 010) Tahquitz Creek in Section 19, for $35,400. 24. MO 4931 awarding bid for one brush chipper to Direct Edge (084- Inc. , for $12,996.82. 008) 25. Res 17769 approving Payroll Warrants. (086- 010) 26. Motion concurring CRA R831 - 843. (124) It was moved by Broich, seconded by Murawski , and unanimously carried, that Resolutions 17763 through 17769, Minute Orders 4928 through 4931, and motion in Item 25 be adopted. Council Minutes 1-8-92 Page 10 27. PEG ACCESS CATV Recommendation: That the Council adopt the proposed (089_ Government Access Cable Television Plan as presented, 003) effective February 1, 1992; and Recommendation: That the Council authorize the live and tape-delayed cablecasting of all City Council Regular Meetings and Study Sessions which convene at the Council Chambers or Large Conference Room, City Hall . Councilmember Murawski stated that it should not be up to a commission to decide whether its meetings are televised, rather up to the people doing the broadcasting; and that it should be a blanket policy to televise as much as possible all of the meetings. Councilmember Hodges suggested that the tape-delayed broadcasts of thie Council study sessions and regular meetings should be aired on Saturday evening, until such time as that time slot is needed for other matters. She also questioned why the PEG program is under the auspices of the Library Board. City Attorney stated that the Library was selected simply because of resources and staff capability to address the project, but it is not one that must be under the control of the Library Board; and suggested that these two matters be continued, to permit time to develop language to address in detail the concerns expressed, and options that may be available. It was moved by Murawski , seconded by Broich, and unanimously carried, that these matters be continued to January 22, as recommended by the City Attorney. ADDED STARTERS: None 27. REPORTS RECEIVED & FILED Single Audit Report on Federal Assistance Programs for (05, fiscal year ended June 30, 1990. 001) 28. P.O.S.T. TRUSTEE APPOINTMENTS Recommendation: That the Council ratify P.O.S.T. Board (104- of Trustees recommendation for eight new Trustees and 004) re-appointment of eleven Trustees for the designated terms , as follows: Name Term End Richard Clapp 1993 Clara Burgess Joy Schlendorf Reuel Young Joan Taylor Bernie Poliak Dorothy Kirby Boo Hoff Elizabeth Kieley John Welborne 1994 Frank Bogert Helen Oster Jeff Close Jack Fitzgerald Bill Foster Bob Rose Paul Kamins Mike Peroni Council Minutes 1-8-92 Page 11 28. POST (Continued) It was moved by Neel , seconded by Hodges, and unanimously carried, that said appointments be confirmed. Valley Task Force on Airport: Councilmember Murawski suggested that the Mayor' s committee to address Airport support by other communities be placed on the next agenda. COUNCIL reports or requests: a) Councilmember Broich requested that stall to look at options concerning vacant former supermarket spaces at the Wessman (formerly Ralphs Market) and Carver (formerly Lucky Market) to see what can be done to free up the leases to allow other occupancy of the sites. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. _., JUDITH SUMICH City Clerk