HomeMy WebLinkAbout1993 - MINUTES - 1/20/1993 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JANUARY 20, 1993
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 Wednesday, January 20, 1993,
at 7:30 p.m.
ROLL CALL: Present: Members Hodges, Lyons, Reller-Spurgin,
Schlendorf and Mayor Maryanov
Absent: None
The meeting was opened with a salute to the Flag, and invocation
by Dr. Ross Laidlaw, Palm Springs Baptist Church.
REPORT OF POSTING OF AGENDA:
Assistant City Clerk reported that the agenda was posted
in accordance with Council procedure on January 15, 1993.
COMMUNITY REDVELOPMENT AGENCY: Mayor declared the meeting adjourned
for the purpose of convening as the Community Redevelopment Agency;
after which, members reconvened as the City Council .
APPROVAL OF MINUTES:
It was moved by Schlendorf, seconded by Lyons, and
unanimously carried that the minutes of January 6, 1993
be approved.
PUBLIC HEARINGS: (None)
PUBLIC COMMENTS:
Comment regarding item 1:
Frank Coffee, 2127 Brentwood stated that storm damages
to the Golf Course should be considered with the design
service contract; that Matich Construction Company has (92-10)
saved the dike located on the Golf Course; but that future
planning should include consideration for erosion control
in case of future flooding.
Comments regarding item 5:
Owner, Body Spa, stated that the newspaper should be
monitored for outcall massage; that there are many
advertisements that advertise for massages that list no
license; that a massage should have at least 100 hours (103-001)
to be licensed; and that in her establishment a person
cannot work if they are not licensed.
Douglas Block, massagist, stated that a massage
establishment should be licensed similar to a cosmotologist;
that if one does not have a license, they should not be
allowed to place an ad with the newspaper; and that outcalls
should not be allowed unless they are taken through an
establishment.
Council Minutes
1-20-93, Page 2
PUBLIC COMMENTS
Comments regarding item 5 (cont'd) :
Terti ?, stated that there is a procedure to follow
regarding massagists; that a license should be required;
that the local newspaper should require anyone wanting
to advertise massage to show their license; and than the
procedure should be streamlined for obtaining a business
license for massage.
Diane Wilkerson, ATMA President, stated that she had
reviewed the proposed ordinances and recommended passage
of same.
Comments regarding item 6:
Gary Bostworth, P.O. Box 366, urged passage of item 6;
and stated that meetings were held with the Director of
Building; that the meetings have been satisfactory; that
after one such meeting difficulty was encountered at a
restaurant regarding seating; and that the establishment
does not have an occupancy permit.
Mayor stated that complaint should be made to the Human
Rights Commission.
Comments regarding item 10:
Ruell Young, 301 E. Tahquitz, stated that he would be
available for any questions.
Comments on items not on the agenda:
Florence Coffee, 2127 Brentwood, stated that staff should
investigate using jail prisoners to perform community
service work; that the alarm ordinance does not make sense;
that if one installs an alarm, police calls should decrease;
and questioned if Gene Autry Trail is going to remain
as two lanes, instead of four.
Mr. Kasparian, no address given, stated that; he has appeared
before the Council at least six times; that negotiations
for his property are not being conducted fairly; that
if his property is taken, the City should give an equal
lot size in the new golf course development in exchange;
that a letter was sent stating the matter should be heard
at this meeting; and requested to speak to .someone regarding
the taking of his property.
Mayor stated that the City Manager should arrange a time
to confer with Mr. Kasparian.
George Goldberg, P.O. Box 4156, stated that the Desert
Sun had an article on what transpired at the last meeting;
that the City Manager stated recently that there will
be cuts in the Police and Fire Departments; that there
are alternatives that can be taken; and that Firepersons
could perform the duties of Code Enforcement.
Council Minutes
1-20-93, Page 3
PUBLIC COMMENTS
Comments on items not on agenda (Cont'd) :
Linda Cooper Lee, stated that during the past study session
and City Council Meetings that she did not think the Mayor's
behavior was proper; that when a certain cil:izen speaks
the Mayor removes himself from the room; that the Council
should be reminded that a "watchdog has no value, if it
does not bark"; that usually the facts set forth are
accurate; that unless rules are violated, a citizen has
the right to express their opinion; that self-control
needs to be exercised on the part of the Council ; and
that should the Mayor decide to absent himself, the chair
should be turned over to the Mayor pro tem.
Eddie Fisher, representative of Friday Night Speakers,
stated that recently the Council approved an increase
in the rental of the Council Chambers; that the impact
of the increase will create a financial hardship; that
Friday Night Speakers, (Alcoholics Anonymous) has met
in the Palm Springs Council Chambers for over 20 years;
that the standard of attendees has shifted to recovery
home persons; that they are not financially able to bear
an increase in rental rates; that with the purchase of
paraphenalia needed for the meetings, the group is just
breaking even; and that consideration is requested to
waive the fees for the organization.
Lee, no surname given, stated that one of the considerations
he gave when relocating was the location of the AA meeting;
that the meeting place is listed in the National Directory;
and requested Council consideration of keeping the rates
at the current rate.
Councilmember Hodges stated that there is an exception
to every rule; and that Council should consider the request.
Mona, no surname given, stated that effort has been ongoing
to locate a hair salon in the City; but that the effort
is being stalled by staff; that she was advised that the
matter would be heard at the Planning Commission meeting,
but that the matter was cancelled, with no notification;
that she was advised that an ordinance change would have
to be adopted by the Council to allow the location of
the hair salon, and requested Council intervention regarding
the matter.
Fred Ebeling, stated that these meeting are one of the
few places where citizens can address their concerns;
that he thinks the media is biased, and citizens are
frustrated; and that the Council needs to authorize public
access.
Council Minutes
1-20-93, Page 4
LEGISLATIVE ACTION:
1. GOLF COURSE EXPANSION - REVISED DESIGN SERVICES CONTRACT
Staff Recommendation: That the Council approve a revision
to the agreement: with Ted Robinson, for redesign of the (92-10)
golf course expansion in accordance with alternate plan
approved by the Council on August 12, 1992 (R17918); which
will add $86,600 to the contract amount, in a form approved
by the City Attorney; new contract total will be $1,16,600
- A2828.
City Manager reviewed staff report.
David Shey, Consultant, sated that a time line has been
established; that the Planning Commissiion did approve
the project; that the project should be under construction
by May; that completion of the project should be by May,
1994, and open by November 1994; and that the project
is on schedule at this time.
Councilmember Lyons questioned if the effect of the recent
flooding had impacted the design of the project.
David Shey stated that 'he new course does incorporate
considerations for the 100 year flood; that the recent
damage would not have happened if Golf Course Drive had
not washed out; and that the plans could be revisited
to redesign the section of the cross.
Mayor stated that comments have been received regarding
incorporating housing development and narrowing fairways;
and questioned if' the new golf course Trill Ibe a championship
type course.
David Shey stated that the proposal golf course does
incorporate all the items that a championship course would
have, i.e. sand traps, water areas.
Minute Order 51.25 as recommended was Ipresented, after
which; it was moved by Schlendorf, seconded by Lyons,
and unanimously carried, that M05125 be adopted.
2. COMPREHENSIVE FEE SCHEDULE - AIRPORT RELATED FEES
Staff Recommendation: That the Council approve an updated
and revised fee schedule related to the operations of
the Airport, which reflects changes in regulations, (114-008
development, and contractual obligations, as well as
updating fees.
City Manager reviewed the staff report, and no further
report was added.
Resolution 18018 as recommended was presented, after which;
it was moved by Reller-Spurgin, seconded by Schlendorf,
and unanimously carried that R18018 be adopted.
Council Minutes
1-20-93, Page 5
LEGISLATIVE ITEMS:
3. AIRPORT - PLANNING CONSULTANT
Staff & Airport Commission Recommendation: That the Council
approve an agreement with Coffman Associates, to provide
Airport planning services to accomplish the necessary (051-049)
groundwork and environmental work for airfield improvements
through the year 2000, for $765,000, subject to receipt
of a Federal grant - A3184.
Director of Aviation reviewed the staff report, and added
that the Airport Commission recommends the proposal ; and
that 90% of the project will be funded by FAA grant funds.
Mayor questioned if the contract included language to
promote the hiring of local contractors.
Director of Aviation stated that the language has been
incorporated in the contract.
Minute Order 5126 approving agreement as recommended was
presented, after which; it was moved by Hodges, seconded
by Reller-Spurgin, and unanimously carried, that M05126
be adopted.
4. AIRPORT - AIR SERVICE INCENTIVE PROGRAM
Staff & Airport Commission Recommendation: That the Council
approve an incentive program, entitled, "Freeport, summer (051-015)
'93,1" proposed as one way of increasing air activity at
the Airport, total incentive: $30,932, total Airport
Benefit: $50,400.
City Manager reviewed the staff report.
Director of Aviation added that the incentive will allow
existing airlines to add flights, and have landing fees
waived during the summer; and that the proposal has been
well received by the Airlines.
Councilmember Lyons commended Director of Aviation for
enterpetural thinking.
Resolution 18019 approving program as recommended was
presented, after which; it was moved by Reller-Spurgin,
seconded by Lyons, and unanimously carried, that R18019
be adopted.
5. MUNICIPAL CODE AMENDMENT - MASSAGE ESTABLISHMENTS
Staff Recommendation: That the Council consider options
for amendment to the Municipal Code concerning massage
establishments, i .e. , Option A: would enable persons
associated with a physician, surgeon, chiropractor, (103-001)
osteopath or physical therapist to obtain a massagist
permit. Option B: would allow outcall massage without
association with a massage establishment.
Council Minutes
1-20-93, Page 6
LEGISLATIVE ITEMS:
5. MUNICIPAL CODE AMENDMENT - MASSAGE ESTABLISHMENTS (Cont'd)
Councilmember Hodges stated that the matter is confusing;
that the Police Department did not seem to favor either
option, and recommended the Council support the Police
Department in the matter.
City Attorney stated that - the Police Department did not
object to "Option A"; but that the Department did not
favor "Option B."
Councilmember Schlendorf stated that Police Department
concerns were addressed; that many cities do allow outcall
massage; that anyone has the right to advertise; that
the concern of prostitution should not be linked to
massagists; that a A6NTA therapist is a professional ; and
that the two issues are distinct and separate.
Councilmember Reller-Spurgin stated abstention due to
appearance of conflict.
Assistant City Clerk read Title of Ordinances as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 5.34 OF THE MUNICIPAL CODE AND ADDING
SUBSECTION 5.34.070(16) TO ALLOW THE ISSUANCE OF
MASSAGIST'S PERMITS TO CERTAIN INDIVIDUALS.
and
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 5.34 OF THE MUNICIPALL CODE TO ALLOW
OUTCALL MASSAGE WITHOUT ASSOCIATION WITH A MASSAGE
ESTABLISHMENT.
after which, it was moved by Lyons, seconded by Schlendorf,
and carried by the following vote, that further reading
be waived and the Ordinances be introduced for first
reading.
AYES: Lyons,. Schlendorf, and Maryanov
NOES: Hodges
ABSTAIN: Reller-•Spurgin
6. MUNICIPAL CODE AMENDMENT - BOARD & COMMISSION GENERAL PROVISIONS
Staff & Human Rights Commission Recommendation: That
the Council amend the Municipal Code general provisions
concerning board and commission appointments, to reflect (103--001
a policy that the Council will attempt to make appointments
to city boards and commissions which reflect the social ,
ethnic and cultural diversity of the community; and to
restate its policy resolution concerning the appointment
process to call for a strategic recruitment, at least
annually, to achieve such diversity in the appointments.
Council Minutes
1-20-93, Page 7
LEGISLATIVE ITEMS:
6. MUNICIPAL CODE AMENDMENT - BOARD & COMMISSION (Cont`d)
City Manager reviewed the staff report and no further
report was given.
Assistant City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
REPEALING SECTION 2.06.010 OF THE MUNICIPAL CODE AND
ADDING A NEW SECTION 2.06.010.
after which, it was moved by Schlendorf, seconded by
Reller-Spurgin, and unanimously carried, that further
reading be waived, and Ordinance be introduced for first
reading.
Resolution 18020 restating policy as recommended was
presented, after which, it was moved by Schlendorf, seconded
by Hodges, and unanimously carried that R18020 be adopted. d�3�
7. DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (DBID) - DISESTABLISHMENT
Assistant City Clerk read Title of Ordinance 1431 as
follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DISESTABLISHING THE DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (133-004)
AND REPEALING ORDINANCE NO. 1340, WHICH ESTABLISHED
THE DISTRICT.
after which, it was moved by Reller-Spurgin, seconded
by Schlendorf, and unanimously carried, that further reading
be waived, and Ordinance 1431 be adopted.
8. ASSESSMENT DISTRICT 155 & 158 - DISPOSITION OF SURPLUS FUNDS
On January 6, 1993, the Council continued recommendations
to declare all surplus monies remaining in the above two (056-009
assessment district funds, and providing for the disposition 01:�
thereof, pending clarification of whether handicap access
requirements were constructed in the districts.
City Manager reviewed the recommendation, no further report
was given.
Councilmember Schlendorf questioned if the District included
curb cuts for every corner.
Director of Public Works stated that the specifications
of the contract have been adhered to.
Disability Coordinator stated that compliance to ADA
(American Disability Act) is being made; and that there
is an ongoing curb cut project to identify all corners
that are in need of accessibility.
Councilmember Schlendorf stated that before a refund is
given to the residents it is important to be sure that
all the curb cuts that are needed are made.
Council Minutes
1-20-93, Page 8
LEGISLATIVE ITEMS:
8. ASSESMENT DISTRICT 155 & 158 (Cont'd)
Disability Coordinator stated that in projects that require
sidewalks in street work, the required curb cuts are put
in.
Councilmember Lyons questioned if driveway's are considered
curb cuts.
Disability Coordinator stated that driveways do not meet
ADA requirements.
Councilmember Hodges stated that the issue of whiether
additional curb cuts have been made in the District was
not addressed.
Disability Coordinator stated that all requirements have
been met.
Resolution 18021 re A.D. 155 and Resolution 18022 re A.D.
158 as recommended were presented, after• which; it was
moved by Reller-Spurgin, seconded by Lyons, and unanimously
carried that R18021 and 18022 be adopted.
9. MUNICIPAL CODE AMENDMENT - AIRPORT RULES & REGULATIONS
Staff Recommendation: That the Council amend the Municipal
Code to require secondary containment of stored chemicals (103-001)
on the Airport; in order to implement Federally required
containment standards for airports.
Director of Aviation reviewed the staff report, and added
that one plane did "de-ice" during the past week.
Assistant City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 11.33 OF THE PALM SPRINGS MUNICIPAL
CODE BY ADDING REQUIREMENTS FOR SECONDARY CONTAINMENT
STORAGE SYSTEMS AT THE PALM SPRINGS REGIONAL AIRPORT.
after which, it was moved by Hodges, seconded by Lyons,
and unanimously carried, that further reading be waived,
and Ordinance be introduced for first reading.
10. ADDITIONAL LEGISLATIVE ITEMS:
IOA. REVISED COYOTE RUN PARK BOUNDARIES AND PROPOSED DAYCARE FACILITY
Staff Recommendation: That the Council) grant concept
approval and authorize staff to amend lot lines to grant (085-008)
Coachella Valley Housing Coalition approximately one acre
to construct a child care facility on property within
the proposed park adjacent to the Coyote Run Apartments.
The purpose of this project is to provide child care
facilities in conjunction with the Coyote Run Apartment
complex and other affordable housing within the
neighborhood.
f `r u 1
Council Minutes
1-20-93, Page 9
LEGISLATIVE ITEMS:
10A. COYOTE RUN PARK BOUNDARY (Cont'd)
Planning Director reviewed the staff' report and added
that a Land Use Permit will be required; and that the
additional needs and approval of the project will be
addressed by the Planning Commission.
Councilmember Hodges stated that the project is a good
one; and that the opportunity to also include a childcare
facility is timely.
Mayor thanked Ruell Young, architect, for suggesting the
child care facility.
CONSENT AGENDA:
The following items are of a routine nature, and may be approved
by one blanket motion upon unanimous consent.
Review by City Manager of Consent Items to be clarified.
City Manager noted item 15 would be deferred; and that item 12
would be considered separately.
11. Res 18024 authorizing execution of the Declaration of Trust
of the ICMA Retirement Trust, in order to allow city employees (110-001)
more investment choices for their Section 457 deferred
compensation accounts, and provide greater diversification
of the City' s investments.
12. See item 17.
13. MO 5128 approving supplemental agreement: 1113 to Aggreement (051-021)
with Isbill Associates (A2547) for an increase of $71,384,
to cover extra engineering created due to the change orders
related to the runway construction.
14. Res 18025 amending the Comprehensive Fee Schedule to update (114-008)
charges or the purchase of various publications and documents
available through the City Clerk, including an increase from
10¢ per page to 15t per page, with a minimum of $1 for the
first 10 copies: Fees have not been updated for several years,
and will recover more of the direct cos': of producing such
materials, and result in increased revenue to the General
Fund.
15. Res ----- and ----- approving Wastewater Treatment Plant loan
to the Ramon-Bogie Project Area, and amending the budget to
appropriate the funds, $90,600 (See above CRA Item b. ) CONT
TO 1-26-93.
16. Res 18026 and 18027 approving Payroll Warrants and Claims
& Demands. (086-001)
Resolution 18024 through 18027 and Minute Order 5128 were
presented, after which, it was moved by Schlendorf, seconded
by Hodges, and unanimously carried that R18024 - 18027,
Reller-Spurgin abstaining on 18027, and M05128 be adopted.
Council Minutes
1-20-93, Page 10
CONSENT AGENDA (Cont'd)
17. TREE TRIMMING SERVICES
Recommendation: That the Council award Bid No. 93-16
for tree trimming services at various City, parks to Desert (136-032)
View Landscaping, of Coachella, CA for $13,590. , in order
to reduce risk exposure.
Purchasing Manager stated that the vendors list was used;
that in addition ,the bid was advertised in the Desert
Sun; that the insurance requirements have been met; and
that there are eight different varieties of trees.
Councilmember Reller-Spurgin noted there is a vast
discrepancy in the bid amounts.
Minute Order 5127 as recommended was presented, after
which; it was moved by Reller-Spurginn, seconded by
Schlendorf, and unanimously carried that M05127 be adopted.
ADDED STARTERS: None
REPORTS & REQUESTS
18. DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Treasurer's - October, 1992 (121-002
b) Single Audit - 1991-92
CITY COUNCIL reports or requests
a) COMMISSION APPOINTMENTS
Human Rights Commission, unexpired term of Farl Price, (060-027
ending June 30, 1995.
Visitor & Promotion Board, unexpired term, of Herb (060-024
Rafetto, 150+ hotel room representative, ending June
30, 1995.
Mayor appointed Magdalena Molina to the Human Rights
Commission, and Thomas Schmidt to the Visitors Promotion
Board, after which it was moved by Maryanov, seconded
by Reller-Spurgin, and unanimously carried that the
appointments be ratified.
b) COUNCIL COMMENTS
Schlendorf: Thanked staff for preparation for item
10; that staff did have a minimum of time for
preparation.
Hodges: Stated that the Budget Reduction/Revenue
Raising Committee had met; that attendance was high;
and that the next meeting will be held Tuesday, January
26, 1993 at 5:15 p.m. , Large Conference Room, City
Hall ; that the next CVAG meeting has been cancelled
and will be held in February:, 1993.
Council Minutes
1-20-93, Page 11
REPORTS OR REQUESTS:
PUBLIC reports or requests-None
STAFF reports or requests
City Manager stated that the Transportation Department
of Riverside County had been contacted for available funding
for the recent flood damage.
Personnel Director thanked the Council for the recent
appointment to the Human Rights Commission; and stated
the next meeting will be February 3, 1993, at 4 p.m. ,
Large Conference Room City Hall , and that the public is
invited.
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned.
JUDITH SUMICH
Clerk
By: PATRICIA A. SANDERS
Assistant City Clerk