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HomeMy WebLinkAbout1993 - MINUTES - 4/21/1993 0009 CITY OF PALM SPRINGS CITY COUNCIL MINUTES APRIL 21, 1993 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Maryanov, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, April 21, 1993, at 7:30 p.m. ROLL CALL: PRESENT: Members Hodges, Reller-Spurgin, Schlendorf and Mayor Maryanov ABSENT: Member Lyons The meeting was opened with a Salute to the Flag, and Invocation by Dr. Ann Martin, Unity Church of Palm Springs. REPORT OF POSTING OF AGENDA: Assistant City Clerk reported that the agenda was posted in accordance: with Council procedures on April 16, 1993. PRESENTATION: Kim Crane, Community Relations,P.S. High School, gave student body report for April activities and events at the High School. APPROVAL OF MINUTES: It was moved by Schlendorf, seconded by Reller-Spurgin,and unanimously carried, Lyons absent, that the Minutes of March 17, and April 7, 1993 be approved. PUBLIC HEARINGS: 1. DEPARTMENTAL,CONFLICT OF INTEREST CODE -INFORMATION MANAGEMENT Recommendation: That the Council approve a new conflict of interest code, including,reporting categories, for the Department of Information Services (data processing), as required pursuant to the State Government Code. (063- City Manager reviewed staff report and no further report was given. 001) Mayor declared the hearing opened, there being no appearances, Mayor declared the hearing closed. Minute Order 5168 as recommended was presented, after which, it was moved by Hodges, seconded by Schlendorf, and unanimously carried, Lyons absent, that M05168 be adopted. PUBLIC COMMENTS: CQmMuda regarding Item 6 and IOB: Robert Kumik, Palm Springs Waste Disposal, stated that he would be available to answer any (148- questions regarding items 6 & 10B. 001) Comm nts_pe ag rding Item 7: Pat Merrick, 366 South Palm Canyon, manager of Thrifty's, stated that the recent festival was tremendous; and added regarding item 7, that the store owner is the victim; that abandoned shopping carts are a problem; that the proposed Ordinance is too restrictive on the merchants; that the time for pickup of the carts should be 12-24 hours rather than 4;that the pickup/storage charge (10--1- of$12 is too high per cart; and requested that the matter be continued for further study between 001.) the merchants and staff. Beth Bleeman, California Grocers Association, stated that the association represents over 8,000 grocers, that a letter was sent to the Council regarding the proposed Ordinance; that the Association is willing to implement a plan to alleviate the cart issue; that a public hearing should be held regarding the matter; that the costs to be borne by the merchant to meet the requirements of the Ordinance are too high; and that if the Ordinance is passed, all phases of the Ordinance should be enforced, including the enforcement against removal of the, carts from store premises by violators. Council Minutes 4-21-93, Page 2 PUBLIC COMMENTS (Cont'd) Jim Oliver, Olivers Cart Recovery Service, stated that his firm picks up Host carts; that the time frame in the proposed Ordinance for City stored carts is too short; that the penalty cost is unreasonable; that the City is attempting to balance its budget problems on the merchants; that there are tourists that remove the carts from the premises to return the purchased merchandise to their hotels; and that the Ordinance should be delayed for further study. Tom Raye, manager of Alpha Beta, stated that the visual image of Palm Springs is paramount due to a tourist economy; that abandoned carts are an eyesore; that enforcing the penalty for those that remove the carts will be difficult;and recommended that the matter be continued to Study Session for further consideration. Fred Ebeling, 2460 Tuscan Road, stated that from a consumer viewpoint the implementation of the proposed Ordinance will cost the consumer due to the charge being passed through from the grocer; and recommended the University for Palm Springs be located in the North end. Comments regarding Item 9: Rolf Arnhym, Chamber of Commerce, requested that the Council continue to endorse and pursue the task force for possible Palm Springs location for a four year university; that the Chamber is willing and able to lend support help to the task force; that it is clear that College of the Desert will be outgrown by 1995; that the time to act is now; that the task force would be comprised of various interested parties; and requested affirmative action regarding item 9. Donnie Frank, stated from an economical and educational viewpoint, the attempt to gain a four- year University in Palm Springs is one of the most important issues the City faces; and recommended that the University be located in the North end of the City. Comments regarding Item 19: Jeremy Crocker, 330 W. Arenas, referred to item 19, regarding franchise payment for Southern California Edison; the calculations used and the relationship of the El Nino ocean weather to the wind turbines; and added that scheduled replacement of small wind turbines with current designs could raise the amount of alternative electricity produced. Comments on matters not on the agenda: George Goldberg, stated his opinion regarding the Mayor's ability to represent the citizens of Palm Springs; and reviewed contracts awarded to out of town contractors. Ruell Young, architect, commended the Council for the progress regarding Spring Break; and added that the solution was creative, based on democracy, and that credit is given to the progressive thinking of the Council. Joy Meredith, Crystal Fantasy, stated that the Desert Harvest and Wildflower Festival was a success; that the City saved $150,000 in police funding due to the change of Spring Break and requested Council consideration of using the monies to "seed" next year's event. Tony Aguilar, 1975 Mark Leslie, President of the Hispanic Chamber of Commerce, stated that the Cinco de Mayo festival will be held at Sunrise Park on May 1, 1993; that a meeting will be held on June 11, 1993 with the California Secretary of Transportation at the Rivera Hotel, from 11:30 - 1 p.m.; and that he took strong exception to Councilmember Schlendorf's comments regarding motivation of the Youth Center Board. Councilmember Schlendorf stated that her comments expressed at the Iasi meeting regarding the Youth Center speakers were directed to the members being ignorant of the facts in the case. Mayor stated that the comment tonight was out of order; that although from time to time there may be disagreement between members of the Council, the integrity of the Councilmembers cannot be disputed. Dee Dee Stone, stated that in her review of the 1993-94 Fiscal Year budget there are some questionable items. City Manager directed Finance Director to review her concerns. Frank Coffee, 2137 Brentwood, read a prepared stai;ement, copy on file in Office of the City Clerk. Couccil Minutes 4-21-93, Page 3 PUBLIC COMMENTS (Cont'd) Dean Is Pointe, stated that there is a large amount of talented persons in the Valley; that it may be possible to promote public access on local television; that there are several groups attempting to sponsor an alternate channel; that the matter has been scheduled for study session of.April 27, 1993, and any group interested in making a presentation at that time should contact the City Manager. LEGISLATIVE ACTION: 2. CLEAN STREET MANAGEMENT DEMONSTRATION PROJECT - GRANT FUNDED Recommendation: That the Council authorize the City Manager to enter into a grant funded clean street management demonstration project agreement with Cathedral City to determine more efficient techniques to remove/eliminate blowsand on paved streets and reduce PM-10, subject to CVAG (Coachella Valley Association of Governments) Executive Committee approval A3212. (123- 005) Director of Public Works reviewed the staff report, and no further report was added. Minute Order 5169 as recommended was presented, it was moved by Hodges, seconded by Schlendorf, and unanimously carried, Lyons absent, that.MO5169 be adopted. 3. DOWNTOWN IMPROVEMENT PROJECT - DESERT WATER AGENCY JOINT PROJECT Recommendation: That the Council approve an agreement with the Desert Water Agency for work on the downtown improvement project on Palm Canyon Drive, between Alejo Road and Ramon Road - A3213. City Manager reviewed the staff report, and added that the issue of changing Village Fest to (133'- Friday would be addressed at a study session; and that the action tonight would address the issue 005) of the agreement. Councilmember Reller-Spurgin stated that it seemed that the downtown merchants were not aware of any street closure. Director of Public Works stated that meeting had been held allowing an opportunity for public input. Mayor questioned if the Chamber of Commerce had been notified of the closures. Jerry Ogburn, Downtown Revitalization, stated that there was awareness of it at the Economic Development task force of the Chamber; that the block captains for the downtown area held block meetings, and the attendance was limited; and that a schedule of the closure is available in the Main Street office downtown; and that a process will be implemented to notify businesses door-to door. Councilmember Schlendorf stated that the process should take two months; that there will be no access to the area; and that the streets will be reopened for the weekends. Mayor clarified that the project is not voluntary; that the water mains need to be replaced before they fall apart; and that if the project is not done, the streets will collapse. City Manager directed downtown revitalization staff to contact Desert Water Agency to implement a door to door campaign. Councilmember Hodges suggested since Palm Canyon needs to be closed, that Indian Canyon could be converted to a two-way street. City Manager stated that the idea of converting Indian Canyon was considered; that a traffic study by the Traffic Engineer indicated that the change could not be implemented; that the north traffic flow would overburden the street; and that traffic signals would have to be changed. Director of Public Works stated that the time frame for the project is July through October. Councilmember Hodges requested a copy of the Traffic Engineer's report regarding Indian Canyon. Minute Order 5170 as recommended was presented, after which; it was moved by, Schlendorf, seconded by Reller-Spurgin, and.unanimously carried, Lyons absent, that MO5170 be adopted. Council Minutes 4-21-93, Page 4 LEGISLATIVE ACTION: 4. PUBLIC ART -TAHQUITZ CANYON/INDIAN CANYON Recommendation: That 'the Council approve agreement with Doug Hyde, dba Doug Hyde Sculpture,Ltd., for creation, fabrication and installationof a sculpture for$141,000,to be placed on the 18-ft wide median at the above intersection, approximately 50-ft east of the "nose" of the island - A3214. (117- Public Arts Administrator reviewed the staff report, and no further report was given. 037) Councilmember Reller-Spurgin stated that the Public Arts fees are received from developers; and that the funds are designated for public art, and are not from the General Funds of the City. Mayor stated that a contest was held at the Library regarding the piece selected; and that a prototype of the piece is still available at the Library Centerfor viewing. Minute Order 5171 as recommended was presented, after which, it was moved by, Schlendorf, seconded by Hodges, and unanimously carried, Lyons absent, that M05171 be adopted. 5. SANTA ROSA MT. CONSERVANCY - CONGRESSIONAL FUNDING REQUESTS Staff Recommendation: That the Council adopt a resolution to support Congressional appropriation of$6 million to the Bureau of Land Management for acquisition of the Santa Rosa Mountains National Scenic Area, and $500,000 for Morongo Canyon Area of Critical Environmental Concern; which would result in preservation of bighorn sheep habitat, cultural resources, and the Coachella Valley's scenic backdrop (item continued from 4-7-93). Planning Director reviewed the staff report and added that there was concern regarding eminent domain authority of the Conservancy; that the process would be to notify the City of potential (123- eminent domain; that should the City have concern regarding the use of eminent domain, the 006) Bureau of Land Management would be less inclined to use it. Councilmember Schlendorf questioned the funding source for the $6 million appropriation. Planning Director stated that the funds were derived from the land and water conservation fund at Federal level. Councilmember Reller-Spurgin questioned the necessity to approve the Resolution; that approval is to give money to purchase unknown land; that the approval could impact future projects and be a jeopardy,to the City. Councilmember Schlendorf stated that she is a member of the Conservancy; that the Conservancy is considering State recommended land that should be part of the conservancy; that the intent of the Conservancy is to protect the land for the public; that the land owners do not have to sell the land if they are opposed; and that the overall intent of the conservancy is in the public interest. Mayor stated that the issue is an appropriation of funds for the purchase of land to be preserved open space for the public use; that the National Parks are a good example of what can be accomplished; and that it would be regrettable if the purchases landlocked portions of Palm Hills. Resolution 18078, as recommended was presented, after which; it was moved by Schlendorf, seconded by Hodges, and carried by the following vote: AYES: Hodges, Schlendorf, and Maryanov NOES: Reller-Spurgin ABSENT: Lyons 00 w Council Minutes 4-21-93, Page 5 LEGISLATIVE ACTION: 6. MUNICIPAL CODE AMENDMENT- YARD WASTE COLLECTION Recommendation: That the Council amend the Municipal Code, Chapter 6.04, concerning yard waste collection, to bring the City into conformance with recent State:Law (AB939). City Manager reviewed staff report, and no further report was added. (103- 001) Assistant City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 6.04 HEALTH AND SANITATION PORTION OF THE MUNICIPAL CODE SECTION 6.04.010 AND ADDING 6.04.115 CONCERNING YARD WASTE; DISPOSAL, after which; it was moved by, Reller-Spurgin, seconded by Scblendorf„ and unanimously, Lyons absent, that further reading be waived, and Ordinance be introduced for first reading. 7. MUNICIPAL CODE AMENDMENT- SHOPPING CARTS Recommendation: That the Council amend the Municipal Code, Chapter 11.72 and add a new Chapter 11.100, declaring abandoned shopping carts to be public nuisances, authorizing their removal by City employees, and prohibiting the unauthorized use, possession and removal of shopping carts from the owner's business premises, in order to deal with the issue of such carts that create an unattractive and blighted appearance along, City rights-of-way. City Manager stated that the complaints about abandoned carts throughout the City has been an ongoing issue; that the Public Works department was assigned the task of picking up the carts; that the Public Works department has done a good job of keeping the carts picked up; that an incentive needs to be employed to encourage the merchants to control the carts; that the concern of the City is one of image; that the Council needs to approve the policy of using; City funds to enforce the appearance of the City by picking up the carts. Councilmember Schlendorf stated that City employees should not be picking up carts; that the proposed Ordinance is needed, and should he viewed as a compromise; and questioned if the (103- situation has improved due to the publicity of the proposed Ordinance. 001 ) Director of Public Works stated the street crews "sweep" the corridors of the City at 2 p.m.; that recently the street crew reported the absence of any carts during the pickup times; that portions of the proposed Ordinance could be modified to expand the pickup after notification time to 24 hours; that the names and addresses of the merchants listed on the carts could be modified to indicate a central address and telephone number; and that the Ordinance:could be further reviewed for modification by staff and the California Grocers' Association. Mayor stated that there are private companies that the merchants employ to pick up carts; that the City is not competing with those,companies in starting a cart service; that the fee is a penalty for failure to pickup the carts; and that it is imperative to have a fine in place, if the carts are not picked up timely manner. Councilmember Reller-Spurgin questioned how many carts are in a load that a private company pick up; that there are many complaints about the abandoned carts; that it is not the City's job to be a pick up service; and that the proposed Ordinance should be ready to be enforced if it is needed. Councilmember Hodges stated that it takes staff time to check areas to look for abandoned carts; that it is the merchant's responsibility to control the carts; that the cost of the service provided by the City is borne by everyone in the City; and that staff should work with the stones and the California Grocers' Association to review the proposed Ordinance. Director of Public Works stated that the issue has been worked on for the past year, and has not been resolved; that the merchants need to deal with the public regarding the carts; and that all issues have not been resolved regarding the carts. City Manager stated that staff will meet with the grocery merchants within the next two weeks; that the 24-hour hold of the carts will be restudied; .and that the proposal submitted by the California Grocers' Association will be reviewed. Council Minutes 4-21-93, Page 6 7. MUNICIPAL CODE AMENDMENT- SHOPPING CARTS (Cont'd). Councilmember Schlendorf stated that it is not the government's job to pick up carts; that this is an issue of the merchants to keep control of their property; and that the merchants may consider security guards. Mayor stated that grocery carts should not be abandoned in rights-of-way; that when violations occur the Police should cite the violators; that the City does not want to pick up carts; and that encouragement is given to the grocery merchants to pick up their carts. It was moved by, Schlendorf, seconded by Maryanov, and unanimously carried, that this matter be continued to May 5, 1993 to allow Director of Public Works to meet with the Grocers' Association. 8. MUNICIPAL CODE AMENDMENTS (Ords. Introduced 4-7-93) Assistant City Clerk read Titles of Ordinances 1439 and 1440 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 8.50 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO FUGITIVE DUST AND EROSION CONTROL; and AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING (103- SUBSECTIONS BY 8.04.230, 8.04.240 AND 8.04.250 OF CHAPTER 8.04 OF THE PALM 001) SPRINGS MUNICIPAL CODE CONCERNING UNIFORM CODES. after which, it was moved by, Schlendorf, seconded by Reller-Spurgin, and unanimously carried, Lyons absent, that further reading be waived, and Ordinance 1439 concerning fugitive dust and erosion control; and Ordinance 1440 repealing certain subsections of Chapter 8.04 be adopted. 9. 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 (item continued from 4-7-93). Councilmember Hodges stated that everyone wishes to see a State University located in Palm Springs; that the Council should make the appointments for the task force; that the Chamber of Commerce can supply staff support services; and added that there may be some question whether the State will have the funds to have another campus. Councilmember Schlendorf suggested that with the Chamber supplying the clerical support to the task force, that the task force should be comprised of volunteers;and that the Council should have (065- input on the membership of the task force. 001) Mayor stated that the authority of the task force should be with the Chamber; that the proposed membership of the task force should be approved by the City Council; and that the mission statement, term limits,and specific proposal should be determined by the Chamber, and submitted to the Council for approval. Councilmember Reller-Spurgin stated that the installation of a University would be one of the biggest boosts the Community could receive. Consensus of the Council was to direct City Manager to work with the Chamber to bring the specific charge, term limits, and approval of the membership task force back to City Council for approval. Council Minutes 4-21-93, Page 7 10. ADDITIONAL LEGISLATIVE ITEMS: (Satisfied agenda posting requirements) 10A. INSTALLATION OF STATE LOTTERY AT VISITORS INFORMATION CENTER Recommendation: That the Council approve an agreement with the California State Lottery for the Visitors Information Center to become a retail outlet for the lottery. A3215. City Manager reviewed staff report, and no further report was added. (117- Minute Order 5172 approving agreement with California State Lottery for Visitor Center to 036) become a retail outlet for the lottery was presented, after which; it was moved by Hodges, seconded by Schlendorf, and unanimously carried, Lyons absent, that M05172 be adopted. 10B. IMPLEMENTATION OF A REVISED GREENWASTE COLLECTION PROGRAM AS PRESENTED APRIL 13, 1993, TO MEET AB939 REQUIREMENTS. Recommendation: That the Council direct the City Manager to instruct the City's franchise hauler, Palm Springs Disposal Services, to implement a revised greenwaste collection portion of 148- the enhanced recycling program, not later than May 31, 1993. (001) 001) City Manager reviewed staff report, and no further report was added. Resolution 18079 as recommended was presented,after which;it was moved by Hodges,seconded by Reller-Spurgin, and unanimously carried, Lyons absent, that R18079 be adopted. 10C. AIRPORT PARK PLAZA -RENTAL INCREASE DEFERRAL Recommendation by Airport Commission&Staff: That the Council approve amendment to each Agr 2528 and 2529 with Peacock Radaker to allow a deferral of rental increases for one year, with repayment at 7% interest over a 2-year period, in order to assist the lessee through difficult financial times. Director of Aviation reviewed staff report and added that the Commission recommended the two year deferral of the rental increase; that the deferral will be paid back over two years with 7910 (051- interest; and that the deferral will not adversely affect the Airport's cash flow. 050) Councilmember Reller-Spurgin commented that the recommendation did receive unanimous approval of the Airport Commission. Minute Orders 5173 and 5174 as recommended were presented, after which; it was moved by Hodges, seconded by Schlendorf, and unanimously carried, Lyons absent, that MO 5173-5174 be adopted. CONSENT AGENDA: 11. MO 5175 awarding contract to West Coast Construction for $51,972.50 for parkway improve- (124- ments along the north side of Taliquitz Canyon, between Palm Canyon and Indian Canyon; to 092) provide sidewalk and landscape upgrades as part of the Downtown Beautification project (Tax Allocation Bond funded), CP91 31, A3126. 12. MO 5176 awarding contract to Sierra Pacific Electrical Contracting for $26,188. for installation of 28 concrete foundations for future prefabricated decorative lights on Palm Canyon Drive, from (124- Baristo to Alejo; as part of the Downtown Beautification project (Tax Allocation Bond funded), 092') CP92-46, A3217 13. MO 5177 awarding contract to James Rue Construction Co., Inc., for $28,OGO to reconstruct the (092'- golf cart crossing, which was washed out during the recent storms at the Palm Springs Golf 003') Course, CP93-03D, A3218. 14. Res 18080 approving second 12-month time extension for P.D. 209, for 26-detached, single- (116- family-residences, on 5.94 acres, of which 15 are two-story dwellings, in order to keep the 076) planned development district active - applicant Starkey Company. 15. Res 18081 appointing Kathleen Richards to the city's deferred compensation advisory committee, (110- to fill vacancy created by retirement of one member. 001.) 16. Res 18082 re diversion or reduction of local funds by the State of California(Council companion (124- action to above CR.A item). 0391) 1 I ^ Council Minutes Y 4-21-93, Page 8 CONSENT AGENDA: 17. MO 5178 approving 3 service agreements for chiller maintenance at the Municipal Cogen, Sunrise Cogen, airport mechanical room; the service/repair agreement for the Council Chamber IIVAC (139- retrofit and the settlement agreement as negotiated under this settlement with Carrier Corp. on file 00.1) with the City Clerk, resulting from failure of the Convention Center air conditioning coils, in-lieu of pursuing an expensive and time-consuming trial, A3219;3220, 3221, 3222, 3223. 18. Res 18083 and 18084 approving Payroll Warrants and Claims &Demands. (086) Reller-Spurgin abstain 874137, 874154. Resolutions 18030 through 18084 and Minute Orders 5175 through 5178 were presented, after which; it was moved by Reller-Spurgin, seconded by Schlendorf, and unanimously carried,Lyons absent, Reller-Spurgin abstaining on Warrants 874137 and 874154, that R19080-18084 and M05175-5178 be adopted. ADDED STARTERS: None REPORTS &REQUESTS: 19. DEPARTMENTAL REPORTS (Received and ordered filed) a) Treasurer's - February, 1993 b) So. Calif. Gas Franchise Report, 1992 - $159,449.28 c) SCE Franchise Report, 1992- $633,669.43 CITY COUNCIL reports or requests Mayor directed appointment of Mayor Pro tern be noted on May 5, 1993 agenda. PUBLIC reports or requests-None STAFF reports or requests-None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. JUDITH SUMICH City Clerk By: PATRICIA A. SANDERS Assistant City Clerk