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HomeMy WebLinkAbout1996 - MINUTES - 2/7/19960017 CITY OF PALM SPRINGS CITY COUNCIL MINUTES FEBRUARY 7, 1996 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, February 7, 1996 at 6:00 p.m., at which time, the City Attorney announced that the Closed Session was canceled; thereafter at 7:00 p.m., the meeting was convened in open session. ' ROLL CALL: Present: Councilmembers Barnes, Hodges, Oden, Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, led by the PSHS Air Force R.O.T.C.; and an invocation by LaVeta Dillman, Chapel on the Way. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on February 2, 1996. HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY - No business 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. PRESENTATIONS: PSHSS Air Force Junior ROTC - Presentation of Proclamation making the group the (074- official greeting emissary for the City of Palm Springs. 001) ' APPROVAL OF MINUTES: It was moved by Barnes, seconded by Spurgin, and unanimously carried, that the Minutes of January 17 and 29, 1996, be approved, subject to typographical correction. PUBLIC HEARINGS: None INTERAGENCY REPORTS: None PUBLIC COMMENTS: a) Comments concerning Item 1: Leslie Howard Gathers, resident, spoke in support of allowing the appeal, adding that the code enforcement unit has harassed merchants, who have been excluded from the development of the revised Sign Ordinance; that the City has not won all court cases concerning the sign ordinance, one of which cites that it must be proven that the sign represents a public nuisance; that lie recommended a local group, perhaps through the Chamber of Commerce, be created to serve as a peer enforcement group and to make recommendations to the City. Dick Sroda supported enforcement of the sign ordinance, and elimination of the violations; and that merchants should have input, but they are not the only parties (057- involved. He also commented on Item 3, and questioned why the contract was 007 ) ' not automatically terminated when the payment was not made. Chuck Coudeau (?) 1173 Pasco El Mirador, commented on his experience when he started his business, and considered that banters were allowed, as they are on display in other areas; and that there needs to be effective standards in place. Darrell Meeks favored a relaxed sign ordinance which is less restrictive than the current ordinance; that the Council make the decision and not pass it off to someone else; that the rules need to start somewhere, and then equally enforced. He also commented concerning Item 3, and that he requested a copy of the City 0018 Council Minutes 2-7-96, Page 2 a) Comments concerting Item 1 (Continued) Manager's letter to Mr. Lilly, to which he did not receive a response within 10 days; that he saw Mr. Lilly's response of January 30:, and that he was again making the request under the Public Records Act. He suggested that Item 10 be acted on separately. Joan Gattuso, resident and merchant, slated that signs have gotten out of hand, from the amendments which were done in the mid-1I980s after 3 years of extensive citizen review; that she was served with notice of sign violation concerning the torpedo sandwich on October 30, 1995, at which time she was dismayed; that the sign ordinance is a delicate issue, and one which site would be willing to help address; that one windsock on top of the second story could be acceptable, but not dresses. Annette Reiter, Main Street President, stated that its subcommittee met with the Director of Planning & Building, recommends the adoption of a more friendly sign ordinance, which could allow a temporary variance; that there are concerns that current enforcement is too weak; that outdoor merchandise display is out of control; and that sign maintenance is an issue, i.e., use of "can" signs. She stated that the Council is not responsible for taking on business' responsibility. James Callahan, resident and Chair of New Palm Springs commented on different visions of Palm Springs; that the Follies has a dozen banners, but one merchant may not; and that the City should not waste time addressing the sign ordinance when there are no businesses. Joy Meredith stated that Main Sweet has been working on the issue of signs for several years; that she supports the Planning Commission, and the staff is entrusted to enforce the ordinance; that outside business will result in a shanty town appearance; that she believes there are merchants who support the sign ordinance and the changes which are being proposed; that there are merchants and others who do not know what the sign ordinance provides, and who are reacting on what they are hearing; and that she feels the 18 % vacancy factor downtown is the biggest issue in the past eight years, and she supports what Mr. Ogburn is attempting to achieve. Mr. Ahern, appellant, stated that everything Ire sells is meant to be outside, and he only wants to keep his business operating. Mayor declared a recess, and business resumed upon reconvening. LEGISLATIVE ACTION: 1. PNA - APPEAL - WINDMAGIC On January 17, 1996, the Council conducted a hearing, and directed preparation of resolution denying appeal by Gerald Ahern, dba Flag & Kite Factory, from posting of Notice of Violation issued for an illegal outdoor display of merchandise at 314 N. Palm Canyon. City Manager noted that a resolution consistent with Council direction was prepared; and that the issue at this time was not the sign ordinance, rather the appeal. Councilmember Hodges stated that the nature of the appeal is not a new issue, rather it has been before the Council on two occasions; that the sign ordinance is also being addressed, and will be more so in-depth over the next two months; that under the current ordinance, the violation exists, and site did not see any recourse; but to proceed with the Notice of Violation; that if the merchandise is displayed outside, it will allow other merchants to do likewise; and that she dig 7 ant to see the display of pants, hoses, etc., and she supported the Resolution of dcu;ei. 0019 Council Minutes 2-7-96, Page 3 PNA - APPEAL - WINDMAGIC (Continued) Councilmember Barnes stated that the public comments reflect that the overall community desires a change in the ordinance, but is also split whether the subject type situation should be allowed; that in terms of site specific, it is a good product and a good store, but the ordinance is in place, and it does need to be amended, but the current form needs to be upheld; that it will be a difficult {ask to develop language specific enough to address taste, and individuality of a business; and that regarding the appeal, the ordinance has been violated, and the ordinance should be upheld, and then move forward with addressing amendments. In answer to questions by Councilmember Spurgin, Director of Planning & Building stated that the display of merchandise outside in the "Uptown" area is arguably a violation of the sign ordinance, also, and staff has been working with the Uptown group and the Planning Commission to develop guidelines consistent with the Council's action of July, 1995; that notices of violations have not been issued in all instances, based on the July, 1995 Council directive; that the issue of fairness is one that is being worked on downtown, with Main Street, and with Mr. Ogburn; that there is a peer group review, in which many issues are passed on with recommendations; and that the banners in place by Mr. Ogburn are part of a downtown sign ordinance, and are not violations. Councilmember Spurgin stated that she was trying to be fair, and feels that part of the Council's ,job is to help people try to be successful in business; that Mr. Ogburn has a vision for downtown, and she respects that vision, and agreed with what was said about being fair, and about looking at the sign ordinance; that she considered there to be a difference between windsocks and tee shirts; and she would stand by her prior vote. Councilmember Oden stated that the timing is a difficulty, in that the Council is in the middle of addressing the sign ordinance, and developing a program to address the issue, (057- but finds itself dealing with only one instance; that the Uptown businesses have special 007 ) needs; that windsock businesses require a certain way in which to advertise, but unfortunately it is not one permitted at this time; and that because of those reasons, he would stand with his prior vote. Mayor stated that until the ordinance is revised, and changes are in place following a formal process in which that may occur, it must be enforced; that when the revised ordinance is completed, there needs to be the commitment for firth enforcement of it; that he has received comments that it is not fair for those who follow the ordinance to be penalized by the actions of those who do not do so; that until there is some other tool in place, there is only the current ordinance; and that the question is whether the subject situation violates the current law, and not whether it is fair. Resolution 18775 denying the appeal, was presented; after which, it was moved by Hodges, seconded by Barnes, and carried by die following vote that R18755 be adopted: AYES: Barnes, Hodges & Kleindienst NOES: Oden and Spurgin ABSENT: None Councilmember Spurgin asked what the City Manager's intent was until the sign ordinance is reviewed and revisions completed by the Council, to which he stated that there has not been aggressive enforcement, rather a relaxed enforcement within good decency, until Council guidance is provided, and there was no desire to put someone out of business, but to review it with them for a closer conformance with the ordinance; and that he will step up the Sign Ordinance review schedule. 0020 Council Minutes 2-7-96, Page 4 2. CLASSIFICATION & COMPENSATION PLAN AMENDMENT Recommendation: That the Council amend the Classification and Compensation Plan for 95-96, to eliminate the position of Fire Manager, and add the position of Assistant Fire Chief. City Manager stated that the recommendation provides for a combat -type officer at a high , rank; that he recognized the classification study is in progress, but believes saris is a reasonable difference between the Chief, and the lower ranked assistant, and there should not be much adjustment, if any, after the study is completed. Councilmember Oden questioned why the change is being considered until after the study is completed, and stated that lie has confidence in the Fire Chief, however, if the study (061- results in a different recommendation, there may be consequences and other impacts to 020) deal with later, by having made a prior decision; and that the Council is paying close to $50,000 for the study. City Manager stated that all classes were reviewed with the focus to eliminating salary compression; that the study was not designed to stop the business of government; that a combat experienced officer is needed to assist the Chief; that the study process is moving forward, and although he would like the luxury of having it done, business cannot stop, and there is a real shortage of management people in the fire department; and that he believes the salary level is appropriate, and that there will be little, or no difference with the completed study. Councilmember Spurgin stated when the budget was reviewed, certain positions were eliminated and others not filled in the Fire Department; that she realized the department has been short-handed for years in terms of upper management positions; that the reality is there has been a void and extra ditties taken on, and she supported the recommendation; that he did not know exactly when the study would be completed, and there has been some delay in the employee review process, however, he would provide a report back by the next meeting; that the salary differential between the manager and assistant level is about $12,000, and that the manager position will be eliminated. Fire Chief stated that there is neither a filled Fire Manager position, nor an Assistant Chief, although a retired officer has provided a few temporary hours; and that the position is an on -fire -site line supervisor. Councilmember Hodges stated that Councilmember Oden's concern is an important issue, however, the study has been going on for over a year, and it could have taken even longer, and the City needs to be run. Councilmember Barnes stated that the study is merely a tool for making decisions; that in this case, there is the issue of public safety, and a decision needs to be made now. Resolution 18776 as recommended, was presented; after which, it was moved by Barnes, seconded by Spurgin, and carried by the following vote, that R18776 be adopted: AYES: Barnes, Hodges, Spurgin & Kleindienst NO: Oden ABSENT: None 3. CHRYSLER GRAND PRIX On January 31, 1996, Council directed this matter be scheduled at this time for ' discussion. (0501- 025) City Manager reported receipt of $2,500 payment, and letter from Madison Alley Inc., proposing a schedule of payments for [lie balance of the debt. 0021- Council Minutes 2-7-96, Page 5 CHRYSLER GRAND PRIX (Continued) Councilmember Hodges stated she did not want the event to cease, as it is an important event, and she wanted to work with the promoter, however, she was not pleased with the suggested terms; that the money belongs to the community, and the Council has an obligation to recover it, and the City should be on the top of the promoter's list for repayment; that the debt has been outstanding for a long time, and she would like to see the balance paid by the end of February. Mayor stated the event has had a significant impact on increasing hotel and sales taxes, which means increased revenue in the community and in the hotel industry; that there have been negotiations in process to relocate the race; that the Council has an obligation to collect the funds; and that he was satisfied with the $2,500 good faith payment; that (050- he met with Mr. Lilly, and he understood the circumstances, and felt there is a strong 025) desire to abide by the terms offered. In response to question by Council, he stated that there was no commitment that the offer would be accepted, and the dissatisfaction by the City was very clear to Mr. Lilly, in that he made a commitment and did not keep it. Councilmember Barnes concurred with comments as to the benefits of the event, and stated that if the Council concurs with the payment plan, and the promoter does not abide by it, this should be considered the last chance; that the repayment schedule should be realistic; and that the promoter has placed the City in this position, and he agreed with Councilmember Hodges that the City should have been repaid first. Discussion followed concerning possible amounts and dates for payments, including $4,000 due March 10 and $3,500 due April 10; or $1,000 per week. Mayor suggested that the City Manager be authorized to present scenarios and return with another check, and written acceptance for repayment. ' It was moved by Barnes, seconded by Oden, and unanimously carried, that the City Manager proceed as suggested, and return in two weeks with a minimum payment of $2,000, and concurrence on the remaining schedule. 4. ADDITIONAL LEGISLATIVE ITEMS: None CONSENT AGENDA: In response to questions by Council, the Public Arts Coordinator and Director of Aviation provided clarification concerning Items. 6 and 10, respectively. 5. MO 5689 approving a 100% grant reimbursement agreement with CVAG in the amount of $90,000, for a bridge feasibility study for die 3 crossings of the Whitewater River at (088- Indian Canyon Drive, Gene Autry Trail, and Vista Chino, CP94-43, A3635. 004 ) 6. MO 5690 accepting Desert Hospital's art -in -lieu sculpture located at the Hospital's main (117- entry parkway, allowing refund of public art fee of $89,826.50, A3225. 037 ) 7. MO 5691 approving Change Order No. 2 to contract with Bopark Enterprises, for a (099- decrease of $31,346.25, for Library Center renovation. Project funded solely by private 001) donations, CP94-44, A3590. 8. MO 5692 approving an agreement with the P.S. Unified School District for High School (126- ' resource officer, and certain administrative duties related to School District security, for 006 ) 95-96 school year, for $73,639.49, A3637. 9. MO 5693 approving contract with Craig Kastl to provide Rangemaster services at $27 per (005 hour for the Police Department, its auxiliary writs and other persons required by law to ) qualify on die range in order to carry a firearm, for 95-96, A3638. 10. MO 5694 approving amendment #4 with Isbill Associates for design and inspection work (051- related to the airport runway extension project, A3138. 021) 0022 Council Minutes 2-7-96, Page 6 11. Res 18777 through 18779 approving Payroll Warrants (1) and Claims & Demands (2). (086,- Abstentions: Hodges Nos. 907074 and 907174 014 ) It was moved by Spurgin, seconded by Oden, and unanimously carried, that Resolutions 18777 through 18779, and Minute Orders 5689 through 5694, be adopted. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Mayor and Councilmembers reported on various civic and community organizational meetings and events which they attended;, subsequent to the last regular meeting. PUBLIC reports or requests - None STAFF reports or requests - none ADJOURNMENT There being no further business at 8:40 p.m., Mayor declared the meeting adjourned to a workshop on February 13, at 4 p.m. JUDITHSUMICH City Clerk P�