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HomeMy WebLinkAbout1993 - MINUTES - 3/17/1993 I— , r' CITY COUNCIL MINUTES CITY OF PALM SPRINGS MARCH 17, 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, March 17, 1993 at 7:30 p.m. ROLL CALL: Present: Councilmembers Hodges, Lyons, Reller-Spurgin, and Mayor Maryanov Absent: Councilmember Schlendorf The meeting was opened with the Salute to the Flag and an invocation by Charles Thomas, Elder, Church of Jesus Christ of the Latter Day Saints. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on March 12, 1993, PRESENTATIONS: Ken Oden, Co-Chair for the Human Rights Commission, presented a $100 award to Christian Sosa-Lanz, P.S. High School student, for winning the Commission logo (074) contest. Mayor noted that the prize money was a donation from a private party, and not from the City's funds. Angie Leon, ASB President, P.S. High School, gave the student body report for March, of activities and events at the high school. COMMUNITY REDEVELOPMENT AGENCY: The Council remained in session, and the Mayor convened the Community Redevelopment Agency, in order to concurrently consider the following legislative matter(Note: Chair called for CRA public comments prior to consideration of this matter, there were none): A. IMPOSITION OF TRANSIENT OCCUPANCY TAX/AGREEMENT WITH ACDA/P.S. MUNICIPAL CODE AMENDMENT. Staff Recommendation: That the Agency impose a transient occupancy tax of (140- 10.8% applicable to specified hotels located, or to bo located, within 002) established redevelopment project area boundaries, to be paid to the Agency; and approve agreement with Agua Caliente Development Authority regarding division of said tax revenues with the Spa Hotel, A313C; AND That the Council amend the Municipal Code to allow credit against City (124- transient occupancy taxes for all amounts to be paid under the above Agency 037) ordinance, pursuant to State Law,and approve said agreement with the ACDA, A3198. City Attorney noted that the ordinance also applies to the Canyon Hotel project, should it proceed, noting that the T.O.T. would be eligible in be pledged for debt of the project. Mayor/Chair noted that this action is a result of a commitment made by the prior Council, and the Spa Hotel is now owned and operated by the Tribe, which places it in a different light. City Clerk/Assistant CRA Secretary read titles of the Ordinances, as follows: AN ORDINANCE OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, RELATING TO TRANSIENT OCCUPANCY TAXES TO BE IMPOSED ON BEHALF OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS. and, entitled: 0'5 1 Ei Council Minutes 3-17-93 Pg. 2 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 3.24.038 TO THE PALM SPRINGS MUNICIPAL CODE, PROVIDING FOR CREDIT FOR THE PAYMENT OF TRANSIENT OCCUPANCY TAXES TO THE COMMUNITY REDEVELOPMENT AGENCY AGAINST TRANSIENT OCCUPANCY TAXES OTHERWISE OWING UNDER CHAPTER 3.24 OF THE MUNICIPAL CODE,AND ADDING SECTION 3.24.295 TO THE PALM SPRINGS MUNICIPAL CODE, AUTHORIZING AGREEMENTS FOR A CREDIT OF TRANSIENT OCCUPANCY TAXES PAID BY CERTAIN INDIAN OWNERS AND OPERATORS OF HOTELS SUBJECT TO SUCH TAXES. Agency Resolution 879, and Council Minute Order 5151 approving agreement with ACDA, were presented; after which, it was moved by Lyons, seconded by Roller-Spurgin, and unanimously carried, Schlendorf absent, that further readings of the ordinances be waived;that the ordinances be introduced for first reading; and that R879 and MO 5151 be adopted. Chairman adjourned the Agency; and Council remained in session. PUBLIC HEARINGS: 1. P.D. 193 - EL CIELO ASSOCIATES APPEAL Consideration of appeal by James Cioffi representing El Cielo Associates from Planning Commission denial of application to amend Planned Development District 193 for a fast-food use and drive-through restaurant at the El Cielo Center on the NE corner of El Cielo and Ramon Road. (n6- Mayor reported he would abstain due to a client relationship. 059) City Manager reported that the applicant has requested this matter be continued to April 7. Councilrnember Reller-Spurgin noted that the continuance will allow the full voting Council to consider the matter; and that watching the video tape of the meeting is not the same as being present. It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, Maryanov abstaining, and Schlendorl' absent, that this matter be continued to April 7, 1993, for hearing. Note: The following persons spoke during the Public Comments portion of the meeting, and are noted here for record purposes. Lewis Cooper, Pueblo Sands, stated that there are a large number of people who are opposed to the project because of increased traffic and the number of accidents happening at Ramon and El Cielo;that residents cannot get in and our of their complexes; that the application for shopping center was denied in the twice in the late 1980s, and then approved with the promise that there would not be a fast-food service; and that many people came for the hearing from Los Angeles. Peggy Jennings, 401 El Cielo, representing the Homeowners Association of La Palm, and Bob Jennings, 401 El Cielo, each read a statement, a copy of which is on file with the City Clerk, in opposition to the drive-through, and appreciated that a full Council will hear the matter. Mr. Jennings also questioned whether the environmental review requirements of CEQA were followed, and if a report is available to the homeowners. Bruce Gayle, La Palm resident, questioned if the Planning Commission Chair (Mr. Cioffi) voted on this matter. Response was that he abstained, and did not vote. Mona Liebling, 419 Bradshaw, expressed concern about ingress and egress, expressing opinion that she found it impossible to achieve; and added that the elevation between her complex and the shopping center is 3 feet, and they have, had cars stolen, people leaping over the wall, gates broken, slashed tires, and other crime problems. She stated that they do not want a food service, because of the problems already encountered with roaches. Council Minutes 3-17-93 Pg. 3 1. PD 193 (Continued) Joe Calderwood, 401 S. El Cielo, opposed based on traffic, noise and devaluation of property, and detraction of aesthetics in the neighborhood. Suzanne Beckett, 467 E. Bradshaw,stated that she would not be able to attend April 7; that the property has undergone a lot of changes since 1988; that they were assured there would not be a fast-food restaurant at the corner, and could not believe that the issue is back again; that the residents do not want a fast- food service in that area;that it is a gateway to the Airport and to the City;that traffic is already intensely difficult in terms of left turns; that she felt a traffic study should be done before the subject is addressed, and not just an environmental report. Roland Garcia,Pueblo Sands residents, expressed concern about people coming through their complex, and the amount of crime, which he felt may intensify through a fast-food attraction. Tegan Brown, 405 E. Bradshaw, expressed similar concerns about traffic. PUBLIC COMMENTS: a) The following persons spoke concerning issues of residents in the "Movie Colony," a residential area described as Alejo to The Palms and Indian to Hermosa, i.e., regarding prostitution, Ruth Hardy Park problems, code enforcement issues, graffiti, parking in front of residences adjoining Desert Hospital, blighted conditions in the redevelopment project area (small hotels, overgrown, and rented to many occupants at one time): Louise Hampton, 547 Phillips Road, offered assistance by the neighborhood in dealing with the problems, and its neighborhood graffiti hotline program as a model for other communities. Phil Burney, 863 N. Avenida Caballeros, commented on prostitution and drug dealing on Indian Avenue, and asked that the telephone booth at the San Jacinto Hotel be removed, or restricted to out-going calls only; urged media publication of prostitution and solicitor names; asked that no-parking signs be reinstalled in hospital vicinity, and enforced, and neighborhood streets posted for permitted parking only; asked that large tour buses, and commercial parties at famous estates be prohibited, since the area is not commercially zoned. Madelyn Lake, 1057 Marshall Way, noted that a neighborhood watch program has been established; and added comments emphasizing the parking problems. Steven Lake, 636 Paseo El Mirador, also expanded on comments concerning parking problems, and inability to access residences by owners, service providers, and guests. Tom Dozci, 770 Mel Avenue, asked that before the parking lot and rehabilitation building are developed on Mel Avenue, that there be a re-evaluation of the traffic circulation plan, and that flow be directed to ingress and egress from Tachevah or Indian; adding that the vacation of Paseo El Mirador, diverted traffic to residential streets. Lucy Lake, 636 Paseo El Mirador, also expanded on parking problems, adding that in addition to inability to have streets swept, and access homes, there is a continual noise factor with people opening and closing car doors, car alarms, and talking, and asked for no-parking signs o the east side of Via Miraleste to Paseo El Mirador. Mayor asked the City Manager note the parking problems and invite the neighborhood representatives to met with him to talk about other problems as well. He complimented the residences for the work they have been doing. Councilmember Reller-Spurgin reported that she had received a letter noting the need for lighting in Ruth Hardy Park; and that while CDBG funds cannot be used, the Parks & Recreation Commission should see if it can offer other assistance. Council Minutes 3-17-93 Pg. 4 b) The following persons spoke in other matters no related) to an agenda item: Dave Bell, 178 W. San Rafael and Jesse Mojica relative to the decision of the (143- City to not proceed with the towing vehicles agreement„ for which RFPs were 004) solicited. Mr. Bell stated that the Purchasing Manager tolbd him that the decision was on hold until after Spring Break, and the existing contract expires April 5 and it will be extended. Me, Bell added that the contract is worth more to the City if it is entered on April 5, because he knew he bid more than what the current providers are paying. Mr. Mojica stated that he,too, bid more and felt it was unfair not to proceed. Mayor asked for a report from the City Manager. Dennis Spurgin, noted that on May 22 there will be a bike-a-thou to raise funds to support the DARE Program, which does not mean that the City is not responsible for it; that he also felt the School District has a responsibility, and recognized that neighboring cities do not participate, none-the-less, it is in keeping with the School District's efforts and the police department, and should be retained. Tony Aguilar, Greater Palm Springs Hispanic,Chamber of Commerce, stated that they are working towards a golf tournament to raise funds to support DARE and the Youth Center; that he has been working on a project that would bring a major golf event to Palm Springs; that the Mayor is also on the committee; and questioned if the proposed golf course is going to proceed, and in what location. He added that there are a number of Hispanics who could serve on city boards and commissions,not just the Human Rights Commission,and when the recruitment process begins, they will be coming forward. Mayor stated that the golf course project will proceed,since the decisions have been made, and regarding the Equestrian Center, its location is not under consideration with regard to the golf course project. City Manager added that the next step will be the bid process, which is expected in late April, and commencement of the work about 60 days later. Dee Dee Stone expressed opinion that the golf course proposed will not be a good looking course, and the City should riot proceed until it has a good plan. She also commented on the aggravation of the parking situation near the hospital. Fred Ebeling, Tuscan Road, commented on providing assurance that neighborhoods are safe; noting a recent shooting at Palm Canyon at Racquet Club. LEGISLATIVE ACTION: 2. COUNTY SIGN VARIANCE 1587 - PILOT OIL Planning Commission Recommendation: That the Council recommend to the Board of Supervisors the denial of a variance for a main identification sign for Pilot Oil and Wendy's Restaurant, on the basis that the proposed sign exceeds (123- reasonable height and sign area standards, and grounds do not exist to support 006) the variance. Director of Planning & Zoning reviewed his report, noting that the project was approved by the Board of Supervisors in 1991, and amendments made during the prior week, to add drive-throughs; that the sign variance is from an allowable 30-ft to 65-ft, and from 150 square feet to 4CI0 square feet; and that a billboard varies from 500-1,000 square Feet. Resolution 18065 was presented as recommended; after which, it was moved by Lyons, seconded by Reller-Spurgin, and unanimously carried, Schlendorf absent, that R18065 be adopted. 3. CONSOLIDATION OF FIRE PROTECTION SERVICES Staff Recommendation: That the Council authorize the Fire Department to (087- begin development of Phase II which will Bead to a functional consolidlation of 001) the administrative services of the Cathedral City and Palm Springs Fire Departments, and to begin the process of establishing a joint fire suppression benefit assessment district to fund fire suppression services. Council Minutes 3-17-93 Pg. 5 3. FIRE SERVICES (Continued) City Manager reported that he would be withdrawing consideration at this time, and noted that the City Council of each city will be meeting in joint study session in order to address concerns and questions at onetime; that there was an effort to speed the process, but action may be premature for Phase II; that employee groups would also be met with, and a time schedule set out that will meet the needs of both cities. Fire Chief Robertson stated that both he and Chief Trapelli of Cathedral City are encouraged by the commitment to provide more cost effective services by looking at consolidation and look forward to working to making commitment a reality. In response to question by Council, he stated that the fee study is being worked on by a committee of firefighters, fire managers, and should be ready in mid-April. Mayor stated that deferral of this item should not be misrepresented as calling a halt to the consolidation; and asked that the joint meeting schedule be reported back to the Council by the next meeting. 4. BUDGET AMENDMENT - STORM DAMAGES Staff Recommendation: That the Council amend the budget to appropriate $794,318 to fund flood damage repairs associated with storms during January and February, 1993 (93.75% anticipated from Federal and/or Sate disaster (061 relief). 014) Director of Public Works reported that 56% of the reimbursement may be received within the next several months, but it may be several years for the remainder. Director of Finance reported that the costs are funded through projected revenues from the reimbursement, and if a negative cash flow occurred before the reimbursement was received,the funds would be taken from another fund, and interest would be allocated in not repaid by the end of the year; that Federal grant guidelines are that the funds are first spent, and then reimbursement made, without interest;and when they funds are first advanced, it does expect interest to accrue. Mayor asked that the staff vigorously pursue collection of the reimbursement. City Manager stated that he would pursue the matter with Congressman McCandless. Resolution 18066 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, Schlendorf absent, that R18066 be adopted. 5. CUSTODIAL SERVICES CONTRACT AMENDMENT - ROADSIDE MAINTENANCE Staff Recommendation: That the Council approve amendment No. 2 to agreement with Desert Janitor Service, by adding roadside maintenance at (117- $4,580 per month, and making minor adjustment in other services, resulting in 005) an aggregate contract increase of $4,915 per month, and a net overall savings to the City of $21,204 per year as a result of privatizing roadside maintenance services - A2963. Director of Public Works reviewed his Memorandum, noting that there was a minor change following the study session, to delete the Youth Center; and the contractor waived the CPI increase which would have been allowed, saving $7,800 to the City; and that the net month increase will be $4,283, or a total monthly rate of $16,681 per month; changes to be effective upon completion of layoff policies and procedures. Minute Order 5152 as revised recommendation, was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, Schlendorf absent, that M05152 be adopted. Council Minutes 3-17-93 Pg. 6 13. MUNICIPAL CODE AMENDMENT (Ord. Intro. 3-3-93) City Clerk read title of Ordinance 1437 clarifying provisions relating to successor liability for transient occupancy tax; after which, it was moved by (140- Hodges, seconded by Reller-Spurgin, and unanimously carried, Schlendorf 002) absent, that further reading be waived, and 01437 be adopted. ADDITIONAL LEGISLATIVE ITEMS: (Satisfied agenda posting requirements) ,A7. CALIFORNIA STATE UNIVERSITY CAMPUS Discussion of formation and appointment of a site selection task force for a California State University Campus in the Greater Palm Springs Area. (Stemmed (065 from request by Rolph Arnhym, Chamber of Commerce). 001-Y Councilmember Reller-Spurgin stated that she was hoping to receive more information, and questioned whether a 4-year university was realistic, and she would like to have a report from Mr. Arnhym. Mayor suggested delaying action until the next meeting; after which, it was moved by Hodges,seconded by Roller-Spurgin to continue consideration to April 7, 1993. CONSENT AGENDA: 8. MO 5153 approving letter proposal from Conrad & Associates to perform the 92-93 financial audit for the City of $43,102, which includes the Redevelopment Agency, (058- Public Facilities Corporation, Financing Authority and single audit examination for 001) grants; plus a not to exceed $6,300 for completion and preparation of the Comprehensive Annual Financial Report - A3199. 9. MO 5154 awarding contract to 13-1 Enterprises Corporation, Rancho Cucamonga, for $39,400, for a consolidation of three miscellaneous street projects, CP92-19, A3200. (136- 10. MO 5155 ratify emergency purchase of services from Granite Construction Co, for not 041) to exceed $35,000 for laying asphalt pavement washed out frorn Indian Canyon Drive, (136- south from 1-10, CP93-01, due to damage caused by the rain storm on January 8, 1993 027) A3201. 11. MO 5156 ratify emergency purchase of services from Matich Corporation for cleanup (136- of flood damage to Vista Chino and Gene Autry Trail, not to exceed $7,500, CP93-02 040) and 93-07, due to damages caused by the rain storm on January 8, 1993, A3202. 12. MO 5157 ratify emergency purchase of services from Matich Corporation for cleanup (136- of flood damage and temporary opening to two-way traffic on El Cielo Road for not to exceed $9,000, CP93-05, clue to damages caused by the rain storm on January 8, 022) 1993, A3203. 13. MO 5158 ratify emergency purchase of services from James 0. Rue Construction Co., Inc., for not to exceed $10,000 for mud, debris and concrete removal from force main (136- in wash area of Golf Club Drive, CP93-11 A, due to damages caused by the rain storm 026) on January 8, 1993, A3204. 14. MO 5159 ratify emergency purchase of services from Matich Corporation for not to exceed $19,100 for cleanup of flood damage to Vista Chino, Gene Autry 'Trail and (136- Araby Drive, CP93-02A, 93-04A, 93-07A, due to damages caused by the rain storm 040) on January 15, 1993 A3205. 15. MO 5160 ratify emergency purchase of services from James O. Rue Construction Co., Inc. for not to exceed $15,000 for cleanup of flood damage to Vista Chino and Gene (136 Autry Trail, CP93-02B and 93-076, due to damages caused by the rain storm on 040) February 15, 1993 A3206. 16. MO 5161 ratify emergency purchase of services from James 0. Rue Construction Co., (136- Inc.,for not to exceed 520,000 for cleanup of flood damage to Araby Drive, CP93-046, 004) due to damages caused by the rain storm on February 15, 1993 A3207. Council Minutes 3-17-93 Pg. 7 17. MO 5162 awarding contract to Formost construction Co., for $15,000 for replacement of storm damaged irrigation system main line at the'P.S. Golf Course, CP93-03B; which (092- connects to and provides water to irrigation system repairs previously authorized by the 003) Council - A3208. 18. Res 18067 adopting deferred compensation plan, standard document prepared by the ICMA Retirement Corporation, as a standard plan, which has been approved by the IRS (110- in a private letter ruling, and which replaces existing plan document, bringing the City 001) into full compliance with the IRS Regulations - rescinds Res 14730. 19. Res 18068 and 18069 approving payroll warrants and claims & demands. (086) It was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, Schlendorf absent, that Resolutions 18067 through 18069 and Minute Orders 5153 through 5162 be adopted; Reller-Spurgin abstaining on Warrant No. 872802. ADDED STARTERS: None REPORTS & REQUESTS: DEPARTMENTAL REPORTS - Received for Filing a) Treasurer - January, 1993 (121- 002) CITY COUNCIL reports or requests PUBLIC reports & requests STAFF reports or requests ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. �JfUDITH SUMICH City Clerk