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HomeMy WebLinkAbout1992 - MINUTES - 2/5/1992 1JO CITY OF PALM SPRINGS CITY COUNCIL MINUTES FEBRUARY 5, 1992 A Regular Meeting of the City Council , of the City of Palm Springs, California, was called to order by Mayor Bono in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, February 5, 1992, at 7:30 p.m. ROLL CALL: Present: Councilmembers Broich, Hodges, Murawski Neel and Mayor Bono Absent: None The meeting was opened with the Flag Salute and an invocation by Reverend Jeff Rollins, First Baptist Church, Palm Springs. REPORT OF POSTING OF AGENDA: Report of City Clerk: Agenda posted in accordance with Council procedures on January 31, 1992, there were no added or supplemental items posted. COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency. HOUSING AUTHORITY, INDUSTRIAL DEVELOPMENT AUTHORITY - No Business RECONVENE AS CITY COUNCIL: APPROVAL OF MINUTES: It was moved by Broich, seconded by Neel , and unanimously carried, that the Minutes of December 18, 1991 be approved. PUBLIC HEARINGS: 1. C.U.P. 5.954 - ALAND CLUB OF THE DESERT Consideration of appeal from the Alano Club of the Desert, regarding Planning Commission decision to continue condi- tional use permit at 463 Dominguez Road, subject to condi- tions. Director of Planning & Zoning reviewed his report, noting (078) conditions recommended by the Planning Commission, and stated that the applicant' s appeal relates primarily to the condition for relocation of the use at the end of three years, and the limitation on weekend hours. He also explained action options available to the Council . In answer to questions by the Mayor, Mr. Russom, appellant, affirmed that the Club's appeal relates to the three-year limitation. Mayor declared the hearing opened. Council Minutes 2-5-92 Page 2 1. C.U.P. 5.954 - ALAND (Continued) Bill Russom, 1187 Granvia Valmonte, appellant for the Alano Club, stated that the concern does not relate to the need or effectiveness of the facility, rather whether it belongs in the area; that the operation is self-supporting and provides meeting space for AA meetings, ranging from 10-30 people, 4 times per week; that there are no beds, nor is anyone roomed overnight; that the area has been inconsistently developed, in that there are multiple residential uses, the Catholic Charities homeless shelter, and commercial zones nearby; that it is not a high profile residential area, and he did not believe it ever would be such an area; that they have been at the location for sixteen years, and have not had problems with neighbors until last July; that there is no on-street parking; that evening hours end at 9:30 p.m. ; that the access road to Sun Villa Condominiums has been closed; that entrance is on the side of the building and not on the front; that they have cleaned the site, painted, and landscaped and lighted it, and have adopted more stringent rules about noise and will be more organized and routine about cleanup; that they need to start at 7 a.m. ; that they will make parking lot improvements, including additional hedging to block views to the parking lot; and that he feels the site and use are consistent with the needs of the community. Tom Juarez, 3636 Bogert Trail , emphasized the surrounding uses other than single-family, and his opinion that there is no conflict with the subject use and the uses in the neighborhood. Father Green, St. Paul 's Episcopal Church, expressed concern that if the facility is to be moved, that something needs to be done to find an appropriate location so the services will still be available to the community. The following persons spoke in support of the Alano Club, its effectiveness, lack of problems with neighbors, desire to be a good neighbor, length of time it has been in the area, and/or their personal experience related to substance abuse, and costs and problems associated with relocation: George Goldberg, Box 4516 Myron Clavin (?) 493 Dominguez, owners of two adjacent parcels Jeremiah Cassen (?) Rancho Mirage Ruth Licata, 530 N. Calle Marcus Gary Bostworth, P.O. Box, Palm Springs Irene, Desert Hot Springs Doug, Desert Hot Springs Yvonne Meyer, Palm Springs Pauline, Palm Springs Phil Mangin, 350 E. Palm Canyon, Women' s Recovery Center Ed Kass, Palm Springs, suggested City pay relocation cost Jim Gill , Pauline, Palm Springs David Cromby, Palm Springs Gary Goldman, attorney representing Mr. Clamin (?) , stated that the Club is a nonprofit organization, has very little cash, provides a community service, and the courts use it for referrals of persons convicted of alcohol related matters. n .'� is Y Council Minutes 2-5-92 Page 3 1. ALAND CUP (Continued) Don Nelson, supervisor at the Alano Club, questioned Mr. Hardwick's intent to trying to get rid of the Club's use of the site; that the facility serves a vital need in the community, and lives may be lost if it is closed; that it is a "spiritual " environment, and no medical or detoxification programs are carried out there; that they are not opposed to a maintenance program; that he supervises the facility 14-15 hours per day, and noise associated with motorcycles has been addressed; and that the daily supervision was not something they had in the past. Bob Lindsay, representing the Betty Ford Center, stated that the group provides invaluable help to the community; that they should be praised for what they are doing; that they have tried to respond to the Planning Commission concerns in a reasonable way; and that thie one condition of relocation is unacceptable, and he felt it was discrimin- atory against the people who depend on the services they provide. Jim Gill stated that the Alano Club is nonprofit with no ability to get financing, grants, or loans, because of its own bylaws; that relocation might also not be possible because of zoning and emotional concerns; that the facility serves a greater area than just Palm Springs; and that before a decision for relocation, which may be tantamount to closing, is consider, care should be taken to evaluate the consequences of closing the facility. Bill Caraway, 461 Yorba, suggested that residents wiithin 500-600 feet of the use be polled as to whether they support or oppose the continued use. The following persons spoke in opposition to the appeal : Arch Humphrey, new resident in the area, stated that he supports facilities like the Alano Club, but not in a residential area; that there have been more than 40 cars in the parking area, noise and pollution; that he has had "undesirable looking" people knock on his door at 7 a.m. looking for the Club; that there are no other such clubs in other nearby cities in residential zones, nor elsewhere in Palm Springs; that 15 new homes were built in just the last year, with valuations upward of $200,000; that he felt the relocation could be accomplished in less than three years; and that a better location would be in a commercial -cone. Deborah Hardwick, 482 Dominguez, stated that when they built their home, they were open-minded and did not -think the club would be a problem, and that it was six months after they moved in that they began thinking about reevalua- ting the use permit; that this is a fine residential area; that she felt the Planning Commission acted reasonably; that last July was not the first time the question came up, rather it was raised eleven years ago; that she favored relocation to a commercial area; and that she did not feel it was unreasonable to raise an issue just because they are doing so after they have moved into the area. Mario Berardi , Pico Street, Palm Springs, stated that no one is suggesting that the Alano Club close; that, the neighborhood is residential , and there is no straight street to the facility, rather people have to zigzag through the neighborhood to get to it; and he did not like people walking or driving noisily through the neighborhood. l) Council Minutes 2-5-92 Page 4 1. ALANO CLUB (Continued) t John Hardwick stated that he has been misquoted, and is very supportive of the Alano Club, but the issue is not the Club, rather the residential nature of the area, and the use no longer is appropriate there; that he Felt there are plenty of facilities which can absorb the people who use it, and it is not the only place to get help. . ' There were no further appearances, and the hearing was closed. Councilmember Murawski stated that..; there is no question about the value of the organization; that he supports change when that is needed; that obvious roots have been established for the use; that people who move into the area "buy what you see", and should consider that before purchasing, and not expect the area to change just because they moved in. Councilmember Broich stated the Club has been responsible for turning around the lives of many people, and that he supports extending the CUP for ten years, with no sunset clause, daily hours of operation from 7 a.m. to 9:45, requiring dust control , landscaping, and maintenance. Director of Planning & Zoning distributed a revised resolu- tion which would grant the CUP, with additional conditions including a block wall on the rear property line, wooden trash enclosure, and paving of the parking lot within a period of time, which staff felt would alleviate the same complaints occurring at the end of the ten years. He stated that the majority of the improvements would be done within six months, and the remainder within one year. Discussion ensued as to the time involved, the cost of the paving and block wall , the likelihood of CDBG funds for the materials, and the intent of finding a way to make it work for the Alano Club. Mayor complimented the Club for the help it has given many people in getting back into the mainstream of society; and stated that it is not equitable to move into an area and expect it to change for you. Following discussion, and reading of revised resolution by Director of Planning Commission, it was moved by Broich, seconded by Murawski , and unanimously carried, that R17781, approving CUP for ten years, with no sunset clause, paving improvement within five years, wooden trash enclosure, and block wall on rear property line, to be accomplished through City financial assistance. MAYOR DECLARED A RECESS, and upon reconvening business resumed. 2. AA 3.0696 - BIRD Consideration of appeal from Planning Commission decision regarding exterior spandrel glass color and decorative (111- paving for new facility at 110,� Bird Center Drive. Director 001) of Planning & Zoning highlighted his report. Mayor declared the hearing opened. Council Minutes 2-5-92 Page 5 2. BIRD AA APPEAL (Continued) Noel Lindsay, architect, stated that the new Desert; Sun Center does not have decorative paving. Thor Konwin, developer for Bird, stated that the project is in its final stages; that a $10 million budget was established, most of which has been devoted to the building; and that since the plans were submitted, other enhancements have occurred, e.g. , sandblasted cemented, 14-ft light standards, landscaping, and tall Palm Trees, and that he did not believe the cost for the decorative paving is necessary, nor will the paving add to the aesthetics. There were no further appearances, and the hearing was closed. Councilmember Hodges stated that she liked the building design, the tall trees, and agreed that the pavers would not be very visible. Resolution 17782 overruling Planning Commission, was presented; after which, it was moved by Hodges, seconded by Broich, and unanimously carried, that R1;7782 be adopted. 3. STREET VACATION - PORTION OF PASEO EL MIRADOR On January 22, the Council continued consideration of vacating a portion of Pasco El Mirador in conjunction with the Desert Hospital expansion program. (145- Mayor inquired if anyone wished to be heard; there were 001) no appearances. It was moved by Broich, seconded by Hodges , and unanimously carried, that the hearing be continued to February 22, 1992. 4. SOURCE REDUCTION AND RECYCLING & HOUSEHOLD HAZARDOUS WASTE PLANS On January 22, 1992, the Council continued the hearing concerning ordering the filing of negative declarations of environmental assessment with mitigation measures on the above plans as prepared by CVAG to meet. AB939 mandates. Recycling Coordinator reviewed her report, noting that (123- CVAG held its hearing on January 27. 011) Mayor inquired if anyone wished to be heard. Gene Demick, 1482 Patos Way, questioned how the action relates to the proposed waste disposal contract, and asked when that contract would become available for public input. City Manager stated that he would notify Mr. Demick of the meeting, and that the next action recommended is to seek direction from the Council to finalize an agreement, once the deal points have been agreed upon„ Resolution 17783 as recommended, was presented; after which, it was moved by Broich, seconded by Hodges, and unanimously carried, that R17783 be adopted. Council Minutes 2-5-92 Page 6 PUBLIC COMMENTS: a) Re Item 7: Gary Bostworth spoke in favor of illuminating bus (143- shelters, and asked that whenever a shelter is 002) installed, or improved, it be done so to meet handicap requirements. b) Re Item 8: Ted Gropher, DBID, asked that the Council consider (133- the DBID request to relocate the annual rodeo parade 004) from Palm Canyon to Indian Canyon. c) The following persons 'spoke on other matters, as follows: Arthur Lyons, 646 Morongo, concerning a policy of not doing business with any company that has a history of felony convictions of any kind. George Goldberg, Box 4156, concerning commission appointments, use of out-of-town firms by the City, and naming of street honoring Kirk Douglas. Dee Dee Stone, 142 Eastlake, concerning Mayor's state- ment regarding Indian gambling. Linda Cooper Lee, 930 Garden, concerning activation of NO POWS, No Prisoners of Wheelchairs, an association which will become active in local affairs. Lynn Kline, Verona Road, concerning expanding the new street light concept to businesses north on Palm Canyon. LEGISLATIVE ACTION: 5. A.D. 157 - LAND ACQUISITION On January 22, 1992, the Council concluded hearing on resolution of necessity, and continued action concerning said resolution to acquire certain property along Ramon Road for the project. City Manager reported that negotiations are proceedings, (056- and are nearly complete on most of the parcels, and recom- O11) mended adopting resolution, as revised by the City Attorney. Resolution 17784 of Necessity, as recommended and revised, was presented; after which, it was moved by Murawski , seconded by Broich, and unanimously carried, that R17784 be adopted. 6. WASTE DISPOSAL CONTRACT On January 22, the Council continued consideration of proposal from Palm Springs Disposal Services. Matter to be continued to February 22. Councilmember Murawski asked that the City Manager follow ( 148 through with discussion from the study session, and present 001) a contract that can be considered, in final form, at the next meeting. Council Minutes 2-5-92 Page 7 6. W.D. CONTRACT (Continued) City Manager stated that he proposed coming back with a concluded set of deal points so the final agreement document can be prepared for approval . Mayor stated that the list of points have been finalized and he was prepared to review those in closed session following the close of the meeting. Councilmember Murawski stated that he preferred to review the matter during the daytime, and not so late at night. Councilmember Hodges stated that by reviewing the points at this time, ii: will allow two weeks in which to study the matter, and to formulate any questions. It was moved by Broich, seconded by Hodges, and carried by the following vote, that the need for a Closed Session regarding legal matters concerning this issue, arose sub- sequent to the posting of the agenda, and that it be added to the agenda at the close of the meeting: AYES: Broich, Hodges, Neel & Bono NO: Murawski ABSENT: None It was moved by Broich, seconded by Hodges, and unanimously carried, that the proposed contract be continued to February 22. 7. SUNLINE - BUS SHELTERS Recommendation: That the Council approve an agreement with SunLine to provide illuminated bus shelters within the City - A3071. Assistant City Manager reported that the agreement is for 4 years and 4 months; after which, a 5-year extension (143- would have to be approved. In answer to question by 002) Council , he stated that the cost of each shelter ranges from $8,000 to $12,000, and assurance that needs of the handicapped are addressed, can be a part of the design review process; and that the proposed agreement was revised to reflect that design review shall include any additional design review associated with an approved '.plan or agreement for the CBD. Minute Order 4939 approving agreement as recommended, was presented; after which, it was moved by Neel , seconded by Broich, and unanimously carried, that MO 4939 be adopted. 8. PS MOUNTED POLICE RODEO & PARADE Recommendation: That the Council approve agreement with the P.S. Mounted Police for rodeo and parade for five years at the equestrian center (old and/or new site) commencing in 1992 - A3072. City Manager highlighted the memorandum, of the Police Chief, and stated that the 5--year agreement was asked (104- for by the Mounted Police, and the City Attorney felt 007) it would preclude rewriting the agreement each year; that it contains a 90-day cancellation, and does not contemplate providing any city services or participation other than what it has provided at the Equestrian Center - cleanup and police security, included in the budget at $12,000; that at some point, the Council may wish to address whether the parade should be moved to Indian Canyon Drive, although for this year, the planning and staging have been completed, and the Mounted Police felt it was too short of a notice to relocate the parade. Council Minutes 2-5-92 Page 8 8. RODEO & PARADE (Continued) Councilmember Murawski stated that it may be somewhat difficult to accomplish, but not so complicated that it could not be done. Councilmember Neel stated that it has been a big and successful event, and the City should support- what they need. Councilmember Hodges stated that, likewise, the Chamber and the merchants are aware that this event has happened every year for many years, and waiting two weeks before the event to ask for a change was a little inappropriate. Minute Order 4940 approving agreement, as recommended, was presented; after which, it was moved ¢y Neel , seconded by Broich, and unanimously carried, that M0 4940 be adopted; and that the parade route be changed from Palm Canyon Drive to Indian Canyon Drive, beginning with the 1993 parade. 9. MOLLEY TROLLEYS Recommendation: That the Council terminate existing lease/ purchase agreement with Desert Adventures, Inc. , and approve a non-exclusive license agreement with said body for the use of the city's trolleys for charter services - A3073. City Manager highlighted his memorandum; and stated that (143- the use of the trolleys would be on a 24-hour, reservation 002) basis. City Attorney stated that the agreement extends through 1996, and includes a 30-day cancellation. Minute Order 4941 approving agreement as recommended, was presented; after which, it was moved by Broich, seconded by Murawski , and unanimously carried, that MO 4941 be adopted. 10. ENCROACHMENT LICENSE - 1220 N. PALM CANYON Recommendation: That the Council approve an encroachment license to allow a steel and concrete canopy and raised planters into the right-of-way at the above location, related to the Desert Hospital Parking Structure - A3074. Planner Patenaude reviewed the memorandum of Director of Planning & Zoning and noted the location on the display (136- boards. 029) Councilmember Murawski stated that he felt the project is a good commitment to the image and architecture desired for downtown. Councilmember Hodges stated that until such time as the Council feels important to discuss the issue of encroach- ments in general , she did not have a problem with the specific situation, which she felt was not clearly reported in the memorandum. Resolution 17785, approving agreement, as recommended, was presented; after which, it was moved by Murawski , seconded by Broich, and unanimously carried, that R17785 be adopted. Council Minutes 2-5-92 Page 9 11. MUNICIPAL CODE AMENDMENT - GOLF CARTS ON CITY STREETS Recommendation: That the Council approve amendment to the Municipal Code to allow operation of golf carts on specific city streets. City Manager highlighted the memorandum of the Police (103- Chief, and noted that the operation of golf carts is limited 003- to the 13 specific streets in the Canyon Country Club area, and the crossing zones are limited to 4 locations, affecting the Palm Springs Golf Course, and Mesquite Golf Course. City Attorney stated that the action is consistent with the limitations allowed by State Law, and serves to minimize city liability. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 12.84 TO THE PALM SPRINGS MUNICIPAL CODE REGULATING THE OPERATION OF GOLF CARTS ON CITY STREETS AND AUTHORIZING THE CONSTRUCTION OF GOLF CART CROSSINGS. It was moved by Broich, seconded by Murawski , and unanimously carried, that further reading be waived, and that the Ordinance be introduced For first reading. 12. POLICY CONCERNING PUBLIC COMMENTS AT SPECIAL MEETINGS Consideration of Councilmember Hodges' request for a policy to provide a "public comment" opportunity at all Special City Council Meetings. Councilmember Hodges stated that she believes the public (114- should be allowed to speak at anytime the Council meets; 004) that Special Meetings are specific in nature, and felt there should be a public comment opportunity, perhaps limited to the topic of the meeting. City Attorney stated that it would be possible to limit both subject matter and time allotted in which to speak.. Councilmember Murawski stated that the three minute limit per person should be restricted to not allow any "unused" time given to another speaker. Councilmember Neel stated that there is ample opportunity for the public to address the Council , and present issues; and that the audience does not need to be heard at every meeting, other than public hearings, and the Council was elected to make decisions. It was moved by Hodges, seconded by Broich, and carried by the following vote, that a policy be established to allow public comments at special meetings of the City Council , limited to matters for which the meeting was called, and limited to no more than 3 minutes per person, whether other speakers relinquish their time: AYES: Broich, Hodges, Murawski & Bono NO: Neel ABSENT: None f Council Minutes d 2-5-92 Page 10 13. ADDITIONAL LEGISLATIVE ITEMS: None CONSENT AGENDA: 14. MO 4942 approving agreement with U.S. Sprint as the City' s (117- long distance telephone service provider for two years, at 004) $1,140 plus call usage charges (agreement to be in form approved by City Attorney) - A3075. 15. Res 17786 approving agreement with DWA for ownership of (056- utilities installed in A.D. 157 - A3068. 011) 16. Res 17787 authorizing acquisition of four parcels in A.D. (056- 157 (not a part of eminent domain proceedings) costs of which 011) are to be assessed to the district. 17. MO 4943 awarding contract to Al Miller and Sons, Inc. for (117- re-roofing City Hall and Fire Station No. 2, CP91-09, for 005) $60,362 - A3076. 18. MO 4944 awarding contract to Al Miller and Sons, Inc. for (085- re-roofing of the P.S. Youth Center, CP 91-16, for $28,770 001) A3077. 19. MO 4945 ratifying Change Orders 4, 5 and 6 with Turner (051- Construction Co. , for Airport Terminal expansion, for a total 055) increase of $83,024. A2984 20. Res 17788 approving a procedural resolution concerning submittal (051- of the Passenger Facility Charge application to FAA. 056) 21. Res 17789 approving restated inducement resolution related (051- to the Airport Terminal Bonds to reflect project as it exists 006) today. 22. MO 4946 granting permission to the Fire Department to co-host (087- the February 20, Chamber of Commerce mixer at Fire Station 001) No. 2. 23. MO 4947 approving an amended "City of Palm Springs Health (110- and Safety Program" as the City' s written employee accident 006) and illness prevention program required by the State Labor Code (original action M04790). 24. Item separated - See Item 27. 25. Res 17790 consenting to conveyance of the Warner Cable franchise (089- from Time Warner, Inc. to Time Warner Entertainment Company, 003) L.P. - A2535. 26. Res 17791 and 17792 approving payroll warrants and claims (086- and demands. 010) It was moved by Broich, seconded by Murawski , and unani- mously carried, that Resolutions 17785 through 17792 and Minute Orders 4942 through 4947 be adopted; Hodges abstain- ing on Resolution 17792. f? Council Minutes ,., 2-5-92 Page 11 27. EMPLOYEE UNITS Recommendation: That the Council amend Res 16438 to define six separate employee units of representation. City Manager reported receipt of a petition for representa- tion of the management, professional and supervisory group; (110- and recommended that the Council approved defining the 002) employee units - fire, police, general , and fire MX, police MX, and general MX (as described in the proposed resolution, defines, but excludes the executive group); after which an election will be held to determine if the members in the units wish to be represented, and by whom. In answer to question by Council , he stated that he did not have a problem with employees wanting to be represented; that it adds somewhat of an additional meet and confer burden, but affords a chance to improve communications. Mayor inquired if anyone wished to be heard; there were no appearances. Resolution 17793, as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unani- mously carried, that R17793 be adapted. ADDED STARTERS: ' None REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Tribal Council Gambling Approval . Councilmember Murawski stated that he felt the Mayor' s recent comments may have been misinterpreted, and suggested that the Council send a letter to the 'tribe, (103- to read "We the undersigned members of the Palm Springs 031) City Council recognize and respect the Tribe' s sovereign control over the gambling issue on their land. We look forward to a positive relationship with you on this issue and all matters concerning the direction our City needs to take, sincerely. " He stated that he felt such a letter recognizes that this is in the Tribe' s coni:rol , and the Council hopes that it can work out all of the details, depending on whatever the programs are; and that he hoped it would not be a blown out of proportion issue. Mayor stated that his comments reflected his own opinion and belief that something of this magnitude should include the City' s position; that it can cast the fate and future of Palm Springs; that he was concerned as to what kind of product there will Ibe in the center of the town; that he felt the Federal law envisioned a reservation setting, and not something in the very heart of a city; that it will mean a new industry, and the City does not know who the players are', or what kind of situations will surface, but the City will have to service it; and that it is a major acquisi- tion for the community, and one that will likely deter- mine the future of the City. Council Minutes 2-5-92 Page 12 a) Continued) Councilmember Neel stated that the Council should take a wait and see attitude, because there is not enough information as to what the Tribe is looking at in order to have any discussion. Mayor stated that he needed to consider the matter further before signing the letter. Councilmembers Broich and Hodges said they would sign the letter. STAFF reports or requests - None a) City Manager suggested that "candidate' s nights" at the Villagefest might be limited to two nights, along (050- with designated staging, etc. It was the strong opinion 018) of the Council that there should not be any effort to regulate this activity; rather if a candidate wishes to acquire a booth, he/she should not be precluded from doing so as often as they wish, nor should there be any especially designated area. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned to a Closed Session (see Item 6 above) , after which, the meeting was adjourned. 1 JUDITH SUMICH City Clerk