HomeMy WebLinkAbout1993 - MINUTES - 2/3/1993 IJ
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
FEBRUARY 3, 1993
A Regular Meeting of the City Council of the City of Palm Springs, was called to order
by Mayor Maryanov, in the Council Chamber, 3200 Tahquitz Canyon Way, on
Wednesday, February 3, 1993, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Hodges, Lyons, Reller-Spurgin,
Schlendorf and Mayor Maryanov
Absent: None
The meeting was opened with the Salute to the Flag and an invocation by Dr. David
Jenkins, Community Church of Palm Springs.
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.
HOUSING AUTHORITY: Mayor declared the meeting adjourned for the purpose of
convening as the Housing Authority; after which, members reconvened as the City
Council.
INDUSTRIAL DEVELOPMENT AUTHORITY &: FINANCII14G AUTHORITY: No
business
APPROVAL OF MINUTES:
Councilmember Reller-Spurgin questioned whether the rate increase for recycling
in the January 26, 1993 minutes was correct, in that she thought the proposal
called for an increase from $.15 to $.35 for residential users; and noted that her
name was incomplete in said minutes. It was moved by Schlendorf, seconded by
Hodges, and unanimously carried that the minutes of January 14 be approved, and
that the minutes of January 26 be continued for clarification of the above.
PUBLIC HEARINGS:
l. CUP 5.0598 (AMENDED) - GOLF COURSE EXPANSION
Planning Commission Recommendation: That the Council approve an
amended conditional use permit to allow an 118-hole expansion of the
Municipal golf course between El Cielo and Gene; Autry, north of Sonora
Road.
(078-
Director of Planning & Zoning reported that the golf course design has 037)
been reviewed and revised in concept by the City Council, which resulted
in opening the wash area, utilizing the McCallum Desert Reserve for golf
course use, which included potential use of eminent domain for it as well
as the remainder of the railroad lots; that the subject hearing relates to the
revised plans, and includes finding of negative declaration with mitigation
monitoring program.
Mayor noted that the question recurs why the Council is considering
spending funds for a golf course, when the city budget is so tight; that the
decision for the golf course was made by the previous Council, and bonds
were sold for $14 million, which is being held but can only be spent for
the expansion; that the money can only be refunded at a significant
penalty, and the economic adversity is so great to the City that the Council
must move forward; that the money is not in the General Fund, nor can
it be put there and spent there; and that the Council hoped to make the
new golf course a success for the City.
Council Minutes
2-3-93 Page: 2
1. GOLF COURSE (Continued)
Mayor declared the hearing open.
The following persons spoke in favor of retaining the equestrian center,
if not at its current location, then at another suitable site:
Joan Sarita, trainer and instructor, commented on benefits the facility
provides to youth and the community, its opportunities to be used to raise
local funds for the community and charities; and its beauty, and
significance for horses.
Nicole Kahill, student, commented on her hard work in learning to work
with her horse, and her attention to her studies, in order to pursue her
hobby.
Corrine Griswold, San Antonio, also commented on the benefit of the
facility for youth, and urged another location be found.
Ruth Griswold noted that the equestrian center is the only place one can
take children for riding lessons.
Stacy Kahill stated that the facility offers a place for families, which is
something Palm Springs needs; that her experience as a teacher at P.S.
High School indicates there is a need for addressing the problems of the
youth; and that at the facility, a person can see hikers, bikers and others
just enjoying its beauty.
Dr. Buetton, Camino Barranco, expressed his opinion that the bond
proceeds can be returned; that the community faces losing 14 police
officers, including one DARE officer, and he considered trading that for
a golf course to be wrong.
Terry Blake-Buckley, Cathedral City, noted that her life-style was turned
around after moving to the desert from Los Angeles and finding many
friends at the equestrian center.
Frank Coffey, Brentwood, read a prepared statement, a copy of which is
on file with the City Clerk, concerning erosion of the levee on the south
side of the wash, east of Gene Autry Bridge, between Brentwood and
Broadmoor, and asked that the mitigation measures be submitted for
review by the Flood Control District.
Catherine Vincent, part-owner of the Equestrian Center, stated her
understanding that the Council has determined to not relocate the facility;
that the Center has a contract it was to have been relocated and it had
option to extend that provision for two years, and asked if the City was
in breach of its contract, and how it would finance the litigation that
would be entailed in challenging that breach.
Dick Finan, Cajon Circle, also stated he thought the Council could refund
the bond money; that the Center has an existing agreement, and it is not
true that they thought the Mesquite site was unacceptable, rather it would
accept the site and fact that it would be later relocated; that he questioned
where the city will store the bleachers and other materials when the
facility is dismantled, and who will pay the cost for that, as well as
putting it back together, since it can not simply "be moved". He added
that be did not think the City has a "permit" to build the golf course, and
asked that the Center remain until a permit is obtained.
Council Minutes
2-3-93 Page 3
1. GOLF COURSE (Continued;)
City Attorney stated that the bond can basically be surrendered and de-
funded; however, the issue is the penalty for doing so(Director of Finance
noted from the audience that the cost to the City would be about $7
million); that the contract with the Horse Foundation provided a 90-day
termination clause; that the City had the right to relocated the site; and it
had the right to go to a bid process if another site was found, and the
Horse Foundation had the right to compete in the bid; that the cancellation
option was selected.
In answer to question by Council, City Manager stated that the notice of
cancellation was mailed both certified and regular mail; and that: the bond
proceeds can not be used for other capital, nor for general operations.
City Attorney pointed out that the bond repayment was based on certain
revenues projected from the expanded golf course, and if the golf course
is not built, those revenues will not be available to repay the debt.
Mayor questioned whether the cost for redeeming the bond issue, i.e., the
$7 million, would have to come from the General Fund. He stated that
there are problems associated with the perc-pond site, in that it would also
be temporary, if the group wanted to locate there, with understanding it
would do so at its own expense, including a future relocation, he would
be willing to consider it, but not if the city had to pay to relocate and pay
for it later.
City Manager stated that he would need to research that issue; that $1.2
million was paid to the Equestrian V group who operated the equestrian
center, to cover loans, and in recognition that it would be operating at that
location.
Councilmember Schlendorf stated that originally it was felt the facility
could be located in Section 35, and that it was a. neighborhood issue, as
well the need to have the Wastewater Treatment. Plant expansion in place
to accommodate annexation, therefore, the equestrian center might be
looking at relocation again in six months; that she felt the Council has
been very supportive in looking for a location; that the city cannot buy
another property„ and it has looked at all of its properties for suitability,
and thought perhaps that Section 35 was the: answer, but: found it
unacceptable to the equestrians; that it was the only city-owned property
large enough, but it had wind problems as well; that she felt the Council
is morally committed to having a facility when it can, as soon as it can,
but it must be faced realistically as to where the funds will come from; and
that while there is no solution, she accepts that, recognizing that the first
obligation is to protect the citizens of the community in the most economic
fashion possible.
Mayor added that the Council also solicited possible sites through the
Tribal Council that it might consider in open space; that the Council is
supportive of finding another location, but would not wish to mislead the
group; and asked that Mr. Coffey's comments be addressed.
Director of Planning reported that the design and review are under the
review of the Corps of Engineers, that FEMA maps are included; and that
there should be a better flood management plan in place as a result of the
project, than there was without it.
Council Minutes
2-3-93 Page 4
1. GOLF COURSE (Continued)
Resolution 18033, as recommended, was presented; after which, it was
moved by, Lyons, seconded by Hodges, and unanimously carried that
R18033 be adopted.
PUBLIC COMMENTS:
a) Dr. Arthur Greenwald, Palm Springs, expressed concern about the
vacancies in the downtown area, and suggested forming a citizens
committee to work toward reducing rents and attracting desirable tenants;
and that he least favored reducing police or fire personnel. City Manager
suggested that he contact Jerry Ogburn concerning downtown, and
providing assistance.
b) Gary Bosworth, Box 366, Palm Springs, commented on the ADA
transition plan, and offered his assistance as a trained community access
volunteer for free inspection and advice, in particular, noting lack of
evaluation in city parks, lack of access at the Airport ticketing counters, ( )
and commented that a list of persons who were contacted and what notice
was given would be helpful.
c) George Goldberg, Box 4156, Palm Springs, commented regarding out-of-
town contractors and vendors, and reference to Palm Springs in Desert
Princess commercials.
d) Fred Ebeling, Palm Springs, commented on the court's lack of jurisdiction
over out-of-state drivers involved in local accidents.
LEGISLATIVE ACTION:
2. DOWNTOWN BUSINESS IMPROVEMENT DISTRICT - DELINQUENT
ASSESSMENTS
Staff Recommendation: That the Council reconsider the question of whether to
pursue collection of delinquent DBID assessments.
City Manager reported that the Council requested this matter be brought back for
reconsideration.
(133-
In answer to question by the Mayor, City Attorney stated that since he has clients 004)
which will be affected by the decision, he should abstain; after which, the Mayor
turned the chair over to the Mayor pro tem.
In answer to question by Council, Director of Finance reported that persons who
are no longer in business are still responsible for the debt, however, it becomes
a practical matter whether it can be collected; that the $30,000 would be used to
offset the cost incurred in forming the district. City Attorney added that there
was litigation to establish the validity of the district, which was, in fact,
established.
Councilmember Schlendorf stated that she has considered the matter, and in
fairness to those who paid, everyone must come up to speed and meet their
obligation; that when an exception is made, problems arise; that there were those
who protested, but still paid their assessment, and that must be respected; and that
she favored a payment plan for those who would have a hardship paying it all at
once, perhaps extended over one year.
Council Minutes
2-3-93 Page 5
2. DBID (Continued)
Councilmember Reller-Spurgin stated that the assessment district was litigated and
proved valid; that after it was formed, people protested it for a long time, and the
Council has decided to dissolve the district; that there are those who paid, and
those who did not, and it is not fair to accept the premise that if a person chooses
not to pay a debt, and simply waits long enough and complains about it, that they
are not obligated to pay it; that in fairness, the Council must stand that what is
fair for one is fair for all; and that while the district is dissolved, the debts remain
and must be paid.
Resolution 18034, as recommended, was presented; after which, it was moved by
Schlendorf, seconded by Reller-Spurgin, and unanimously carried, Maryanov
abstaining, that R18034 be adopted; and that a payment plan be provided for
hardship cases.
3. MUNICIPAL CODE AMENDMENT - EXPLICIT T-SHIRTS
Consideration of ordinance amending the Municipal Code to regulate the
commercial display of explicit T-shirts in the window fronts of various business
establishments in the City, which was requested by the Council in study session.
City Attorney reported that the ordinance would prohibit[ the display of sexually
explicit t-shirts in store windows; that he believes there are cases to justify this
type of regulation in terms of First Amendment rights; that case study is not as 10?-
clear in other areas where people may have value issues; that he welcomes any 001)
case reference, authority, sample ordinances or laws from other jurisdictions,
which may address those other issues perceived as obscenity„ and perhaps a
modification may come forward in the future.
Councilmember Schlendorf stated that if a person feels discriminated against, they
can go to the Human Rights Commission and file a complaint.
City Attorney added that even without the proposeAa ordinance, there was
voluntary compliance last Spring simply as a result of the focus on the problem;
and the Human Rights Commission has a good chance to continue that focus.
Councilmember Reller-Spurgin stated that it is important raise the issue now, and
increase the awareness that the goal is to develop a family environment during
Spring break, and the ordinance will help achieve that.
Councilmember Hodges noted that the ordinance is not limited to Spring Break,
rather it is applicable at all times.
Mayor added that he hoped the Human :Rights Commission would take any
vigorous action to curtail any discrimination problems that may arise.
City Clerk read title of the ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADDING CHAPTER 11.90 TO THE PALM SPRINGS MUNICIPAL
CODE, REGULATING THE COMMERCIAL DISPLAY OF
SEXUALLY EXPLICIT MERCHANDISE.
It was moved by Schlendorf, seconded by Reller-Spurgin, and unanimously
carried, that further reading be waived, and the Ordinance be introduced for first
reading.
Council Minutes
2-3-93 Page 6
4. AMERICANS WITH DISABILITIES ACT - TRANSITION PLAN
Staff Recommendation: That the Council approve a transition plan for the City,
for implementing the ADA requirements of Federal Law.
Disability Services Coordinator thanked people involved in putting the plan
together, and added that its focus is on Title H of the Americans with Disabilities
Act, dealing with public services; that it is a blueprint to look at existing facilities
and programs; and that it documents where the City stands now, and where it is
going.
)
Councilmember Schlendorf complimented the work done, and suggested that
additional areas be addressed, i.e., employment access at the Wastewater
Treatment Plant, and improving public ground transportation at the Airport, as
well as playground equipment in parks, and utilization of the swim center.
Councilmember Hodges also commended the work that was clone, and added that
the City may be further ahead that any city in California. She stated that the plan
addresses need for sidewalks where none exist, and questioned if a mandatory
assessment against the property can be made to require sidewalks where there are
safety issues involved, e.g., along portions of Baristo Road, east of Farrell Drive.
Minute Order 5129 as recommended, was presented; after which, it was moved
by Reller-Spurgin, seconded by Schlendorf, unanimously carried, that MO 5129
be adopted.
5. MUNICIPAL CODE AMENDMENTS (Introduced 1-20-93)
The following ordinances, amending the Municipal Code, were introduced on
January 20, 1993 and ready for second reading and adoption; all will become
effective 30-days after adoption:
City Clerk read title of each of the ordinances relating to the following:
(103-
a) Ord 1432 allowing issuance of massagist's permit to certain individuals 001)
(Chapter 5.34). Councilmember Reller-;�purgin stated that she would
abstain on 1432 and 1433 since her husband is a Chiropractor, although
he does not have a massage therapist in his office.
It was moved by Lyons, seconded by Schlendorf, and unanimously
carried, Reller-Spurgin abstaining, that further reading be waived; and it
was moved by Lyons, seconded by Schlendorf, and carried by the
following vote, that 01432 be adopted:
AYES: Lyons, Schlendorf and Maryanov
NO: Hodges
ABSTAIN: Reller-Spurgin
b) Ord 1433 allowing out-call massagist's permit without association with a
massage establishment (Chapter 5.34). It was moved by Lyons, seconded
by Schlendorf, and unanimously carried, Reller-Spurgin abstaining, that
further reading be waived; and it was moved by Lyons, seconded by
Schlendorf, and carried by the following vote, that 01432 be adopted:
AYES: Lyons, Schlendorf and Maryanov
NO: Hodges
ABSTAIN: Reller-Spurgin
Council Minutes
2-3-93 Page 7
5, MUNICIPAL CODE AMENDMENTS (Continued)
c) Ord 1434 repealing Section 2.06.010 and adding a new section of same
number concerning general rules regarding appointments, terms,
vacancies, to reorganize the section, and add provision relating to making
appointments to reflect diversity in the community; and
d) Ord 1435 adding requirement for secondary containment storage systems
at the Airport (Chapter 11.33)
It was moved by Schlendorf, seconded by Reller-Sporgin, and
unanimously carried, that further readings be wahFed, and that Ordinances
1434 and 1435 be adopted.
6. GOLF CLUB DRIVE - FLOOD DAMAGE REPLACEMENT OPTIONS
Consideration of options for replacement of the flood damaged portion of Golf
Club Drive, and motion directing staff to proceed with design and construction of
same, CP93-11.
City Engineer reviewed the memorandum of Director of Public Works, and (136-
recommended that the street be restored to its original condition prior to the 026)
floods, at an estimated cost of$80,000.
City Manager reported that the President has declared a disaster for the area, and
the project is qualified for funding that may become available, which would
represent 93.75% of the: costs.
In answer to question by Council, City Engineer stated that an upgraded project
would not be eligible for disaster funding. He also stated that regarding the issue
addressed earlier by Mr. Coffey, the Flood Control District was asked to extend
the lining down stream so the area damaged could be protected, and it was noted
that the project had already been authorized for design and should be constructed
during the coming summer.
Minute Order 5130 approving CP93-11 to rebuild the street as before, was
presented; after which, it was moved by Schlendorf, seconded by Reller-Spurgin,
unanimously carried, that MO 5130 be adopted.
7. MUNICIPAL GOLF COURSE IRRIGATION FLOOD DAMAGE
REPLACEMENT OPTIONS
Consideration of options for replacement of flood damages to portions of the golf
course irrigation system, and motion directing staff to proceed with design and
construction of same. (O92_
City Engineer reviewed the memorandum of Director of Public 'Works and 003)
recommended awarding a contract to Formost Construction Co., for $113,410,
to install an upgraded irrigation system at the golf course, CP93-03, adding that
a dual system with mains is cheaper than an erosion system such as was in place
prior to the floods, and the dual system is recommended.
Minute Order 5131 awarding contract as recommended, was presented; after
which, it was moved by Schlendorf, seconded by Lyons, unanimously carried,
that MO 5131 be adopted.
0495
Council Minutes
2-3-93 Page 8
8. PSDRCVB - JOINT POWERS AGREEMENT AMENDMENT
Consideration of approving amendments to the Palm Springs Desert Resorts (050-
Convention & Visitors Bureau bylaws and Joint Powers agreement. 008)
City Manager recommended that this matter be continued, in order to allow
further comparison between the JPA and the proposed amendments.
It was moved by Schlendorf, seconded by Reller-Spurgin, and unanimously
carried, that this matter be continued to February 17, 1993.
9. ADDITIONAL LEGISLATIVE ITEMS: (Satisfied agenda posting requirements)
- None
CONSENT AGENDA:
10. MO 5132 approving amendment to agreement with Harlan Glenn & Associates (092
for golf course expansion project lake design services, for an increase of$7,800, 010)
to cover redesign as a result of redesign of the course, A3014.
11. MO 5133 approving amendment to agreement with Gordons Irrigation Consulting
Inc., for additional work for irrigation design services re expansion of the golf (092-
course, for an increase of$5,000, A2880. 010)
12. Res 18035 amending the Comprehensive Fee Schedule to increase the State Dept.
of Conservation Strong Motion Instrumentation & Seismic Hazards Mapping (114-
Program (earthquake) fee, as follows: commercial •- from .15 to .21 per $1,000 008)
building permit evaluation; and residential - from .07 to .10 of $1,000 permit
evaluation; both mandated by State law on all nv,,i residential and commercial
construction.
11 Res 18036 declaring intention and setting hearing o a the vacation of the westerly
3 feet of Cahuilla Road, between Ramon and Monte Vista, at property owner's (145-
request - said portion no longer needed for street purposes (sets hearing for 001)
March 3, 1993).
14. MO 5134 approving payment of $37,000 to Amateur Softball Association for
Men's Major Fast Pitch National Tournament to be held September 9-17, 1994 (050-
in Palm Springs; payment required as a condition of award to the City for the 007)
national tournament in Palm Springs.
15. Res 18037 declaring intention and setting hearing on the vacation of a portion of
right-of-way along the N. line of Mountain View Place, between North Patencio (145-
and Via Monte Vista, at request of property owner, which results in reducing 001)
right-of-way to minimum width requirement of 25 feet; sets hearing for March
3, 1993.
16. Res 18038 setting hearing date of February 17, 1993, for consideration of
adoption of Resolution of Necessity to acquire by eminent domain the (092-
reversionary interest of the Living Desert Reserve in parcel known as the 010)
McCallum Preserve, consisting of 30.29 acres; which is planned for inclusion in
the expansion of the municipal golf course.
17. Res 18039 and 18040 approving Payroll Warrants, and Claims and Demands. (086)
Abstain: #871483 & 871500.
Council Minutes
2-3-93 Page 9
18. MO 5135 ratifying staff actions and approving agreement with James O. Rue (092.-
Construction Co., for $70,000, to clean up golf course: fairways, bury wash 003)
debris, and haul in-fill material to re-establish finished grade on fairways, CP93-
03A. A3187
19. Res 18041 amending the Comprehensive Fez Schedule to increase charge for (114-
returned checks from $10 to $15, to allow recovery of processing costs for 008)
returned checks, as permitted by recent State law.
It was moved by Hodges, seconded by Schlendorf, and unanimously carried, that
Resolutions 18035 through 18041 and Minute Orders 5132 through 5135 be
adopted, Reller-Spurgin abstaining on Warrant Nos. 871483 and 871500.
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL, reports or requests
a) COMMISSION APPOINTMENTS:
Mayor announced the following appointments, and moved for approval, (060-
which was seconded by Lyons, and unanimously carried: Oil &
Historic Site Preservation Board, Harald "Buzz" 'Waltz, for an unexpired 023,)
term ending 6-30-95; and to the Public Arts Commission, David Aiken,
for an unexpired term also ending 6-30-95.
PUBLIC, reports or requests - None
STAFF reports or requests
a) City Manager reported that by a 3-2 vote, the City Council of Desert Hot
Springs voted to disapprove the boundary agreement, which was
previously negotiated, and which the City Council approved on December (GS
2, 1992 (A3174), and that he will send a letter to LAFCO urging a delay c �,
in the processing of Desert Hot Springs' application to extend its
boundaries, until.the negotiated boundary agreement between the tri-cities
is concluded. No objection expressed to such action.
ADJOURNMENT
There being no further business, Mayor declared the meeting adjourned.
�. 1 7�1
JUDITH SUMICH
City Clerk