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HomeMy WebLinkAbout1992 - MINUTES - 9/2/1992 CITY OF PALM SPRINGS CITY COUNCIL MINUTES SEPTEMBER 2, 1992 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Maryanov in the Council Chamber, 3200 Tahquitz Canyon Way, on September 2, 1992 at 7:30 p.m. ROLL CALL: Present: Councilmembers Lyons, Reller, Schlendorf, and Mayor Maryanov Absent: Councilmember Hodges The meeting was opened with a salute to the Flag and a Moment of Silence in honor of the passing of Frances Delgato who was a friend to the Community. REPORT OF POSTING OF AGENDA: Report of Assistant City Clerk: Agenda posted in accordance with Council procedures on August 28, 1992. PRESENTATION: Mayor presented plaque to Mr. Brown, Manager of the Shilo Inn, for cooperation and efforts given on behalf of housing of Fire Personnel during the recent renovation of Fire Station 3. PUBLIC REPORT: Mayor commented on the resignation of John Mangione, Director of Economic Development, for the past 25 years for dedicated work on behalf of the City; and wished him well on all his future endeavors. COMMUNITY REDEVELOPMENT AGENCY: No Business HOUSING, FINANCING & INDUSTRIAL DEVELOPMENT AUTHORITIES -No' Business PUBLIC HEARINGS: 1. AA 3.1072 - MOUNTAIN SHADOWS HOMEOWNERS On July 1, 1992, the Council continued hearing on appeal by Mountain Shadows Homeowners Association concerning re-roofing and repainting existing condominiums at 200 Golf Club Drive; matter has subsequently been resolved, and appellant has withdrawn the appeal . Director of Planning & Zoning stated that the colors and materials that were appealed have been resolved; and applicant has withdrawn the appeal . Mayor declared the hearing open; there being no appearances, (111- the hearing was closed. Mayor stated that the report should be received and filed, so ordered. Council Minutes 9-2-92, Page 2 PUBLIC HEARINGS: 2. ZTA 5.0400 - MISCELLANEOUS ZONING TEXT AMENDMENTS Consideration of amending the Zoning Ordinance to provide for ground floor offices in portions of the Central Business District CBD), and to revise the standards pertaining to neon signs. Planning Commission recommends denial of the amendment concerning the CBD. Director of Planning & Zoning stated that the offices would be located on the street level of the Central Business District; that staff did recommend deferring action on the matter; that there are alternatives to address the fees related to permits for the offices; that a Land Use permit would be more effective and less costly to an applicant for a ground level office; that recently two permits were obtained for offices in the downtown area, no one appeared for the hearings; that there are two provisions for colors of the neon signs,; that the use of neon in restaurant and entertainment establishments was determined to be for soft colors; and that staff would recommend the approval be subject to City Attorney approval . Councilmember Schlendorf stated that some merchants in the downtown district only had concern regarding ground offices located in the main section of the downtown area; Planning Director stated that the corridor -For the downtown area restriction would be the Historical Village area; (103- and that the area includes the following streets: Palm 039) Canyon Drive, between Amado and Baristo Road; Indian Canyon Drive, westerly side, between Amado and Baristo Roads; Amado Road, southerly side, between Palm Canyon and Indian Drives; Tahquitz Canyon Way, between Belardo Road and Indian Canyon Drive; Arenas Road, between Belardo Road and Indian Canyon Drive; and Baristo Road, northerly :side, between Palm Canyon and Indian Canyon Drives; and that there will be a meeting scheduled between the Planning Commission members, downtown property merchants and property owners, to consider the zoning requirements for the downtown office space. Mayor declared the hearings open, there being no appearances, Mayor declared the hearings continued. Councilmember Lyons recommended that the Zoning Ordinance regarding Neon signs be introduced for first reading; and that the Ordinance regarding office space be referred back to staff for consideration of a land use permit to be obtained for office space of 5,000 square foot or less, and to redefine the Historic Village area. Assistant City Clerk read title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO NEON SIGNS. It was moved by Lyons, seconded by Reller, and unanimously carried, Hodges absent, that the Ordinance regarding office space be referred back to staff for consideration of a land use permit process to be obtained for office space of 5,000 square feet or less, and to redefine the Historic Village area, and that further reading of the Ordinance regarding Neon Signs, and that the Ordinance be introduced for first reading. )365 Council Minutes 9-2-92, Page 3 3. MUNICIPAL CODE AMENDMENT - TRANSPORTATION DEMAND MANAGEMENT Recommendation: That the Council amend the Municipal Code to reduce air pollution caused by vehicle trips and vehicle miles traveled by meeting requirements of recent State law, which requires a trip reduction and travel demand ordinance. Director of Planning & Zoning stated that the Planning Commission did hold public hearings regarding the matter; that the proposed ordinance will start a new era for the City in transportation and air quality; that in the planning process there are two driving forces, air quality and traffic congestion plans; that the Cities in Riverside County are required to adopt a plan; that the deadline has been extended to 1993; that the focus of the ordinance is on employers of 100+ employees to reduce From and to trips to the work site by 10%; that some of the proposed regulations are similar to SCAQMD; that the proposed Ordinance does reflect input changes by the Chamber of Commerce; that most large communities have been (103- participating in this type of plan for years; and that 001) Council should consider the filing of the negative declaration. Mayor declared the hearing open, there being no appearances, Mayor declared the hearing closed. Councilmember Lyons stated that the proposed Ordinance would only impact businesses that employ 100• employees or more, or any new businesses. Mayor stated that the program is one that is mandated by the State. Assistant City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 8.40 TO THE PALM SPRINGS MUNICIPAL CODE, TO ESTABLISH TRANSPORTATION DEMAND MANAGEMENT REQUIREMENTS FOR SPECIFIED NEW DEVELOPMENT PROJECTS. It was moved by Lyons, seconded by Reller, and unanimously carried, Hodges absent, that further reading be waived, and Ordinance be introduced for first reading. PUBLIC COMMENTS: a) Comments regarding Item 6: Paul Milanore, 216 Baja Avenue, stated that for the past 16 month$ he has been the project manager for the proponents who are recommissioning the wind park; (123- and that should the Council have any questions he 002) would be available for comment. Council Minutes 9-2-92, Page 4 PUBLIC COMMENTS: b) Comments regarding Item 7: Gann Carter., 2076 Santa Wood Drive, stated that it is unnecessary to implement another Ordinance regulating animals at community events; that there are too many rules and regulations in the City now; that the Council is always considering ideas to help improve the downtown area; that with more regulations, more problems will be caused; that the Villagefest is wonderful ; that it is the first time one can see families walking around; that the animals are a part of the community; (103- that it is infringement on freedom of people to attend 001) if the animals are not allowed; that parks are regulated to disallow (logs; that people walk them there anyway; and that Council should reconsider approving the Ordinance. Phil Kaplan, Disability Coordinator, stated that; the proposed Ordinance does exclude service animals. c) Comments not related to items on agenda Brenda Davis., 321 S. Sunrise Way, stated that there are problems with Sunline Transit Agency bus service; that the pickup times fluctuate; that at times the line 2 bus is as much as one hour late;. ,and requested Council intervention with Sunline. Culver Nichols, 1220 Via Donna, stated) that the Eagle Mountain Dump will affect the Interstate 10; that there will be a steady stream of trash trucks on the Interstate; 'that the area does have occasional dust storms and is a high wind area; that the stench will be intolerable; that the approval of the landfill is a violation of our. birthright, the air, mountains, and sky; and that the Council should request the Board of Supervisors to "dump the dump". Carolyn Toen;jes, 1863 Park Drive, stated that because of legitimate concerns regarding the proposed Eagle Mountain Landfill and related threats to air and water quality, disease, potential truck or train accidents enroute and documented seismic activity throughout and around the project area, the Council is formally requested to oppose the development of Eagle Mountain Landfill ; and that the Desert Sun did publish a letter on August 10, 1992, which outlined the City of Rancho Mirage stance against the Landfill , and requested the City Council do the same. Mayor stated that the City of Palm Springs did previously adopt a Resolution regarding the Eagle Mountain Landfill ; that the resolutiion does oppose the Landfill at this time; and that •the Council does not have enough information to make a contrary decision. Mona Lee Bleaman, 419 E. Bradshaw, stated that the Board of Supervisors will be voting at their next meeting regarding the landfill ; that if the vote supports the landfill , the impact will be felt for generations. Council Minutes 9-2-92, Page 5 PUBLIC COMMENTS: Linda Cooper Lee, no address given, stated her support is added to the opposition to the Eagle Mountain Landfill ; that the traffic flow on Racquet Club Road is too fast; that Assemblywoman Hunter has a bill proposed that would promote the use of golf carts and that in her opinion Council should support the proposed bill . Gary Bosworth, P.O. Box 366, complimented staff for the quick response to his concern regarding the parking space width at the Convention Center; that handicap access is an issue in the City; that the Palm Villas Apartment Manager Office was remodelled; that the remodelling does not allow for handicap access; that recently he had been certified by tFq State to work with contractors regarding handicap access; and that he would be working closely with the City in that regard. Tony Aguilar, 1975 Mark Leslie, stated that the intent from the Human Relations Task Force was an honorable one; that the purpose of the report filed with the City Council from the Task Force was to assist the Council to take a proactive stance; that the Task Force did not ask for subpoena power; that the Task Force has not been consulted regarding ' the, report; that there is discrimination in the ' City; that there has been discussion that not all the report recommendations will be approved; that it may be that the County will need to be approached regarding the issue; and that strong leadership is needed to execute the plan. Karen Aguilar, 1975 Mark Leslie, read letter written by Anita Rufus, on file in Office of the City Clerk. Fred Ebling, no address given, stated that appreciation should be given to the Aguilar's for the work they have given regarding discrimination; that the earlier you settle a problem the less problem one has; that it is vital to move ahead with the Human Relations Issue; and that the Commission will need to have enforcement power to be effective. Wayne Williams, 331 S. Sunrise, stated that at the last meeting he had requested the City to take action on the lot behind Alpha Beta; that no action has been taken; that the lot is filled with abandoned furniture and trash. Chief Robertson, stated that the area is used as an ingress and egress to the back of Alpha Beta; that the City does have an agreement with the Bureau of Land Management for pre-suppression activites on Indian Land; that this land is Indian Land; and that the concern will be addressed. Councilmember Schlendorf stated that if the land is privately owned, the City should cite the owner. Mayor requested a report at the next study session. Council Minutes 9-2-92, Page 6 PUBLIC COMMENTS: George Goldberg, stated that there is some concern regarding claims and demands; that employee salaries should be monitored; and that the City should use competitive bid to buy tee shirts. Wendy Florintine, 331 S. Sunrise, stated that the land behind Alpha Beta is Indian Land; that the managers of the apartment complex did request her presence at the council meeting to address the condition of the lot; that she has some concern about recent newspaper articles regarding terminated employees Mangione and Roos receiving a year's salary in light of the budget situation; that the City should also review the contributions to CVAG; that the Police and Fire Department could use the money instead. Councilmember Schlendorf stated that because of the involvement of Cities with CVAG, Palm Springs is a part of a Metropolitan Planning area, that more funds are available to use, that Palm Springs benefits from CVAG for the leverage and planning regarding transportation alone; that without. the status of a Metropolitan Planning Area, the City would b•e. rated rural . City Manager stated that competitive bi&i— is used regarding tee shirts; that when an employee has been with the City for 25 years, particullarly under the rules that were in effect at that time, he or she accrued a substantial amount of leave time. Mayor stated that it is unused sick and vacation time for a period of over 25 years; and that the Council has changed the rules governing accrual cashout. LEGISLATIVE ACTION: 4. MUNICIPAL GOLF COURSE - FOOD & BEVERAGE CONCESSION Recommendation: That the Council accept the proposal of Nicolino's Italian Restaurant & Pizzeria for food and beverage concession services at the P.S. Golf Course; and authorize the City Manager to enter into a contract therefore, for 3-years, with two potential) 1-year renewal options, in a form approved by the City Attorney. City Manager reviewed the staff report, and no further report was given. (092- Councilmember Lyons stated that the Purchasing Department 002) implemented a well-run RFP process; that he and Councilmember Reller were the subcommittee 1'or•this project; that the agreement contains many improvements over the past agreement; that the operators are well established; and that with the improvements that will be made and the night hours, the concession should turn into a success. Minute Order 5064 as recommended was presented, after which; it was moved by Lyons, seconded by Reller, and unanimously carried, Hodges absent, that M05064 be adopted. Council Minutes 9-2-92, Page 7 LEGISLATIVE ACTION: 5. AIRPORT ENGINEERING SERVICES Recommendation: That the Council approve a 3-year contract with Isbill Associates, Inc. , to provide on-call engineering services and design/field inspection services of major airfield improvement projects; including first two projects re: Airport beacon, expand air carrier ramp/overflow, taxiway A drainline, north perimeter fence & road; and concrete ramp infill (new terminal design only); future projects individually approved by City Council - A3138. Director of Aviation stated that Isbill Associates is recommended by the Staff and the Airport Commission; that the engineering contract will provide services for fifteen projects; and that as the project is funded, the contract (051- will be brought back to Council . 021) Councilmember Schlendorf stated that this is the same firm that the City has used for the past 'three years; that there have been a number of change orders issued by the City; and that the engineer should make certain that the response to bids will cover change orders. Director of Aviation stated that change orders on the aviation side are used to complete the _spending of Federal funds; that Isbill Associates stay within the agreement, that the focus of Isbill Associates is on the runway side; and that Isbill Associates meets the "goals for disadvantage and minority business enterprise requirements; and that the agreement is Federally mandated. City Manager requested the agreement be approved subject to City Attorney final approval . Minute Order 5065 as recommended, subject to (;ity Attorney final approval was presented, after which; it was moved by Reller, seconded by Lyons, and unanimously carried, Hodges absent, that M05065 be adopted. 6. CABAZON WIND PARK Recommendation: That the Council approve wind turbines in excess of 150 feet in height for the Cabazon Wind park Plan and authorize staff to prepare an amendment to the Settlement Agreement (Transworld Wind Park A2230). Director of Planning & Zoning reviewed the staff report and added that any turbine in excess of 150 feet would need separate approval ; that staff recommends revisions to the Settlement Agreement; and that the Bureau of Land Management does have comparable conditions of approval in its agreement concerning the turbines. (123- Councilmember Schlendorf stated that Inoperative Turbine 002) Removal and Manufacturer Warranties should be left in the Settlement Agreement. Planning Director stated that the Resolution could be approved as recommended; and that staff be directed to include Councilmember Schlendorf's recommendation in the revision of the Settlement Agreement. Resolution 17936 as recommended, was presented, after which; it was moved by Schlendorf, seconded by Lyons, and unanimously carried, Hodges absent, that R17936 be adopted. Council Minutes 9-2-92 Page 8 LEGISLATIVE ACTION 7. MUNICIPAL CODE AMENDMENT - ANIMALS AT COMMUNITY I-VENTS Consideration of amendment to the Municipal Code to add provisions to prohibit domesticated animals at community events, including VillageFest. Director of Parks, Rec & Golf Course reviewed comments of the Villagefest Committee as stated at the August 4, 1992 study session; and stated that since, the televising of the study session, the number of animals at the Villagefest has decreased;, that there was a reported incident of a dog removing a hot dog from a child's hand; that there were two incidents of any magnitude reported regarding dog fights; and that under the health code, (103- animals must be kept 20 feet away from the food booths. 001) City Attorney stated that potential liability comes with the number of incidents occurring; that the animals at the Villagefest (foes not seem to be a significant problem; that the City does have a lease law; that with any situation there is always a possibility of litigation; and that allowing , the animals to be present does not increase the City legal liability. Counci I member ReIIer stated., that. the bia.bi1.ityu would be with the animal owner if the animal bit sbmeone;. Mayor stated that the report shoirl-d be -Yec:ei+ved'gand' filed, so ordered. 8. MUNICIPAL CODE AMENDMENT - VISITOR & PROMOTION BOARD Consideration of amendment to the Municipal Code to delete city council representation on the Visitor & Promotion Board, and to substitute therefor a representative of the condominium vacation rental properties (initial term of appointment being replaced expired 6-30-144). City Manager reviewed the staff report, and no further report was given. (060- Assistant City Clerk read title of Ordinances as follows: 004) AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.23.030 OF THE PALM- SPRINGS MUNICIPAL CODE, CONCERNING MEMBERSHIP CATEGORIES OF THE VISITOR & PROMOTION BOARD. It was moved by Schlendorf, seconded .by Reller•, and unanimously carried, Hodges Absent, that, further ,reading be waived, and that the Ordinance be introduced for first reading. 9. ADDITIONAL LEGISLATIVE ITEMS: None Council Minutes 9-2-92, Page 9 CONSENT AGENDA: 10. MO 5066 authorizing City Manager to execute agreement with Gus Macker Enterprises, Inc. , to host a Gus Macker Charity (050- 3-on-3 basketball tournament October 10-11, 1992; and Res 007) 17937 approving the dates, venues, and the special event, and temporarily suspending regulatory ordinances; and Res 17938 temporarily closing certain streets. A3139 11. MO 5067 approving agreement with E.R. Fisk & Associates for preparation of master specifications and front-end documents, (086- manuals and training for public works contracts, not to exceed $40,000 - A3140. (see item 26). 001) 12. MO 5068 awarding bid for purchase of a tractor to Torrence's (084- Farm Implements, for $15,180.06. 009) 13. MO 5069 awarding contract to Manhole Adjusting Contractors, (136- Inc. , for $500,062.50, and approving deductive Change Order 041) No. 1 thereto for $120,015, for a total contract of $380,047.50, for annual rubber chip; seal , CP92-12, A3141. 14. MO 5070 awarding contract to Matich Corporation For $336,080, (136- for overlays of portion of Palm Canyon Drive between Mesquite 030) and Sagebrush, and portion of Sunny Dunes Road between Calle Palo Fierro and Sagebrush, CP92-26, A3142. 15. MO 5071 awarding contract to Graham Contractors;' Inc. , for (136- $158,442.30 for annual slurry seal on various local streets, 041) CP92-13, A3143. 16. MO 5072 awarding purchase of two triplex reel mowers to Pacific (084- Equipment & Irrigation, for $27,476.25. 009) 17. Res 17939 approving agreements for group health insurance, (110- dental insurance and long-term disability insurance, and City 007) contribution rates on behalf of its employees for 92r93. 18. MO 5073 approving subrecipient agreement for 1992-93 CDBG (085- funds for $1,672 with Food In Need of Distribution for 001) distributing food to low income families and senior citizens - A3147. 19. MO 5074 approving subrecipient agreement for 1992-93 CDBG (085- funds for $20,720 with Shelter From the Storm, Inc. , to provide 001) playground equipment for the shelter for battered women and children - A3144. 20. MO 5075 approving subrecipient agreement for 1992-93 CDBG (085- funds for $2,528 with Volunteer Center of Greater Riverside 001) for an Ombudsman Program for senior citizens - A3145. 21. Res 17940 granting easement to Riverside County Flood Control District (RCFCD) for installation of flood control facilities (088- on the east side of El Cielo Road in the Tahquitz Wash, in 003) Section 19. 22. Res 17941 amending the Comprehensive Fee Schedule to adjust (114- fees concerning the Engineering Division, i.e. , reprographics 008) and map/photocopying. 23. MO 5076 approving agreement with Municipal Resources Consultants (086- for sales tax audit, based on a contingency fee (A3146); and 001) Res 17942 designating said consultant as city representative to examine sales and use tax records. (See item 27). Council Minutes 9-2-92, Page 10 CONSENT AGENDA (Cont'd) 24. Res 17943 amending the Comprehensive Fee Schedule . to provide a $10 microfilm fee for architectural review for repainting (114- structures; no other fee imposed. 008) 25. Res 17944, 17945 and 17946 approving Payroll 'Warrants & Claims (086- & Demands. 011) Resolutions 17939 through 17946 and Minute Orders 5066, and 5068 through 5075 were presented, after which, it was moved by Schlendorf, seconded by Reller, and unanimously carried, Hodges absent, that R17944 - 17946 and 1105066 and 5068 - 5075 be adopted. 26. E.R. FISK & ASSOCIATE:S Recommendation: That the Council approve an agreement for services for the preparation of master specifications and training for California Public Works contracts in an amount not to exceed $40,000. City Attorney requested that the agreement be approved subject to City Attorney final approval . City Manager reviewed the staff report, and no further (086- report was given. 001) Minute Order 5067, agreement subject ;to `City Attorney final approval , was presented, after which; ft was moved by Schlendorf, seconded by Lyons, and unanimously carried, Hodges absent, that M05067 be adopted. 27. MUNICIPAL RESERVES CONSULTANTS This item was separated for discussion, for Minute purposes, the vote is reflected with the discussion. Recommendation: That the Council approve a contract with Municipal Resource Consultants (MRC) for services in connection with the audit of the State sales tax distribution to the City; and be further recommended that Council designate MRC as the authorized City representative to examine sales and use tax records. Director of Finance & Treasurer stated that there is no procedure for auditing moving violation citations at this time. Councilmember Lyons stated that there should be a firm on retainer at all times to audit all funds due to the City from any and all agencies; that item 24 is regarding the removal of fee requirements for architectural review for repainting of structures; that this . will allow homeowners to repaint their property without fees; and that the Council is concerned with public interest. Minute Order 5076 as recommended was presented, after which; it was moved by Schlendorf, seconded by Reller, and unanimously carried, Hodges absent, that 1105076 be adopted. ADDED STARTERS: None REPORTS & REQUESTS: 26. DEPARTMENTAL REPORTS - Received and Filed a) Treasurer's Report - Jan-June, 1992 (121) Council Minutes 9-2-92, Page 11 CITY COUNCIL reports or requests COMMISSION APPOINTMENTS: Consideration of appointments to fill boards and commission terms; Mayor announced his appointments to the following boards and commissions, and following motions duly made, seconded and unanimously carried, Hodges absent, said appointments were confirmed: Visitor & Promotion Board 126-149 Rooms - Ralph Thornton 6-30-93 (060- 150 + Rooms - Herb Rafetto 6-30-96 024) Retail Rep - Milt Levinson 6-30-96 Restaurant Rep - Joan Gattuso 6-30-94 At Large - Becky Swanson 6-30-96 Rent Control Tracy Gunneman 6-30-96 William Kuhlman 6-30-96 PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned to Closed Session, which was adjourned at 9:31 p.m, with no reported action. JUDITH SUMICH Clerk J By: PATRICIA A. SANDERS Assistant City Clerk