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HomeMy WebLinkAbout1993 - MINUTES - 9/1/1993 CITY OF PALM SPRINGS CITY COUNCIL MINUTES SEPTEMBER 1, 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, September 1, 1993, at 7:30 p.m. ROLL CALL: Present: Councilmembers Hodges, Lyons, Reller-Spurgin, Sc)Mendorf and Mayor Maryanov Absent: None The meeting was opened with the Salute to the Flag following color presentation by Boy Scout Troop 199, and an invocation by Rev. Larry Owen, Church of Christ. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on August 27, 1993. 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. INTERGOVERNMENTAL AGENCY REPORTS: a) Councilmember Hodges reported that she has received a number of letters concerning Edison rates,which she will take to the next CVAG Executive Committee meeting which will be in September, and she urged citizens to continue writing;to her, and to other city councils. CLOSED SESSION: City Manager requested that the Council add a Closed Session to the agenda, in order to receive an update on labor negotiations; after which, it was moved by Reller-Spurgin, seconded by Schlendorf, and unanimously carried, determining that the need arose subsequent to the:posting of the agenda; and that a Closed Session be added to the agenda at the conclusion of other business. APPROVAL OF MINUTES: It was moved by Lyons, seconded by Hodges, and unanimously carried that the minutes of July 7 and August 11, 1993 be approved. PUBLIC HEARINGS: L CUP 5.0644 -DESANTIS GOLF CORP. Planning Commission Recommendation: That the Council approve a Conditional Use Permit for a golf driving range and practice green with food sales and rental Equipment located at the southwest comer of Ramon Road and San Luis Rey Drive, M-1, Section 20. Assistant Planning Director highlighted the memorandum of Director of Planning&Zoning, and noted that although the Planning Commission had concerns that the size of the facility was not standard, that due to the current lack of traffic, and with the applicant holding the City harmless, and that the use is an interim one, the concern is mitigated; that there was no comment from the (078- Tribal Council,which is not meeting in the summer,however,its planning consultant did not wish 040) to recommend that the matter be held over, and if there are concerns they can be addressed later. Following the hearing, in response to an earlier question by Council, he,stated that the conditions include payment for a proportionate share of the cost for Assessment District 155. Mayor declared the hearing opened. In response to questions by the following persons, the Assistant Director of Planning reported that the parking lot will be graveled, due to the temporary nature of the use, although other accommodation will be made to address handicap parking; that the environmental assessment did not find that the project would be of any problem to the residential area located north of Ramon Road; and that the application did not include night play, therefore, there was no issue of night lighting, which would have to be applied for later if that were to be considered. Councilmember Reller-Spurgin noted that condition 47 also provides for no outside pagers or sirens, other than security alarm. There were no further appearances, and the hearing was closed. In answer to question by Council, City Attorney stated there is no absolute protection; that the action is a discretionary one, and the City is entitled to immunity, and the hold harmless is as much as can be obtained, and he:felt it protected the City as much as would be possible. Council Minutes 9-1-93, Page 2 The issue of staff concern as to size of the facility and safety was readdressed, and clarified that the concern has been mitigated vis a vis the hold harmless provision; and the City Attorney suggested that Finding c. be expanded to include reference to the mitigation. Resolution 18167, as recommended, was presented; after which, it was moved Schlendorf, seconded by Reller-Spurgin, and unanimously carried, that R18167 be adopted, subject to clarification of Finding c. as noted by the City Attorney. 2. ZTA 5.0400 -RECYCLABLE MATERIAL ENCLOSURES Planning Commission Recommendation: That the Council approve a Zoning Text Amendment to Section 9307.02 of the City of Palm Springs Zoning Ordinance to include provisions for recyclable material enclosures. This Zoning Text Amendment is necessary so that the City will not be subject to the California Integrated Waste Management Board's model ordinance on said subject. Assistant Planning Director reviewed the memorandum of Director of Planning&Zoning,noting recommendation that the City have its own ordinance rather than just the model State ordinance, (103- which was to have been in effect on this date; that an additional trash enclosure area will be 039) required for any new project, or any project for which an addition equal to 10% of the flood area is made; that any non-compliance becomes a legal non-conforming use, which does not require an immediate compliance, rather at the time a major remodeling occurs, or an architectural approval process takes place; and that there would not be a code enforcement effort against non- conforming uses. In answer to questions by Council, he stated that under the state model ordinance, compliance is required when there is an expansion of 30% or more, and requires additional areas for collection, but does not prescribe how that can be accomplished; that the proposed ordinance provides that such enclosures match existing enclosures, and the 10% is the same percentage applied elsewhere in the Zoning text for conformity. Councilmember Schlendorf stated that she was concerned about both the 1096 level and the cost of the enclosure, noting that $600 may not be excessive, but $2,000 might be too much. Assistant Planning Director stated that the 10% factor is not a part of the proposed ordinance,and if a percentage other than that is desired for recyclables, the ordinance could be drafted to address that issue. Councilmernber Lyons stated that the proposed ordinance is more restrictive than what the State is mandating, and he wanted to see how much it will cost and if it will be detrimental to what the Council is trying to do. Mayor questioned why there should be a separate enclosure for recyclables;and suggested perhaps the matter should be tabled and the percentage issue reconsidered,perhaps a 30% level. Assistant Planning Director clarified that the area for recyclables could be desired as part of the trash enclosure for the complex, and would not mean separate enclosures. Mayor declared the hearing open. Paul Muett (sp?) stated that he recently completed an enclosure at a cost of$1,500 Jeff Zucker,981 Balboa, stated he manages small apartments and there is barely enough room for the dumpster to lift his bid from the enclosure, and an expansion would be cost prohibitive. He suggested himself as a consultant on recycling, and commented on building a waste conversion facility. There were no further appearances, and the hearing was closed. It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that this matter be continued to October 6, 1993, for further information and consideration,including a percentage other than 10%not only for recyclables,but any compliance of a non-conformity upon expansion. 3. FORMATION OF A COMMUNITY SERVICES DISTRICT Staff Recommendation: That the Council approve making application and requesting the Riverside Local Agency Formation Commission (LAFCO) to initiate proceedings to form a subsidiary Community Services District within the boundaries of the City of Palm Springs, as an alternative method of funding city services. (140- Director of Finance reviewed his Memorandum,noting that the formation of a community services 011) district was one of several alternative funding mechanisms which the Council previously directed that the staff proceed on, and which ultimately would require a 2/3 voter approval. "F) I .� .'� Council Minutes 9-1-93, Page 3 City Attorney stated that "fees" can be implemented by the Council without a voter approval. Mayor declared the hearing opened; there were no appearances, and the:hearing was closed. Councilmember Schlendorf stated that this proposal is one which was thought to be a future revenue source,and her understanding was that there would be community involvement in helping structure it and the priorities would be set and how much would be charged; and that she would like to start setting in place plans for getting the public involved and the:hard work that needs to be done targeted; and she would like that discussion on next study session, and Council meeting, in case the Council finds there is an appropriate action to be taken. City Manager stated that the proposed action is legislative and clearly there will be a need to get the community plan together and he will be moving ahead with that. Mayor noted that the resolution starts the application process, but there is no structure as yet. Resolution 18169,as recommended,was presented; after which, it was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that R18168 be adopted. PUBLIC COMMENTS: a) Comments concerning Item 4: The following persons spoke in support of amending the City's current adult entertainment ordinance„ and expressed concern as to an urgency ordinance and the need for a moratorium, without benefit of public input: (10 3 Sally Diggs, 40853 Cienega Place Greg Pettis Cathy Clark Anita Rufus Andrew Exlir, 100 S. Sunrise Fred Ebeling, 2460 Tuscan Road b) The following persons spoke on matters other than agenda item: Paul Mullett, 222 Club, Box 86665 Palm Springs, asked for waiver of city fees for use of the park for a car show to raise funds for the Club, in turn to help with the road race event. Mr. Mullett referred to staff. Tim Ferlo(sp?)32150 Candlewood,commented on Sunrise taxicab regulation status,and announced an independent taxicab driver's association meeting on the subject on September 9. Frank Binford, 605 Mel Avenue, displayed photos and asked for relief from posting of a code violation, i.e.,excess wall height at his home. Mr. Binfoord was referred to staff. LEGISLATIVE ACTION: ,4. INTERIM ZONING ORDINANCE - RE: ADULT ENTERTAINMENT USE Staff Recommendation: That the Council approve an interim Zoning Ordinance, to restrict the establishment of any adult entertainment use, in order to provide the City time to study the adequacy of the existing adult entertainment definitions and regulations contained in the Zoning Ordinance. (103- City Attorney reported that several weeks ago the Director of Planning;& Zoning consulted him ) on the existing ordinance, and indicated that there has not been a history or problem with the ordinance, but he had concerns about it, and felt it should be addressed before it became a problem; that the area is a sensitive one in terms of First Amendment Rights, and the California Supreme Court has upheld the basic approach of the ordinance, i.e., dispersal of the use throughout the community, versus an ordinance which would prevent the use anywhere in the community; that there are issues of vagueness and detail of the ordinance which should be addressed; that the essential issue on the moratorium is whether such uses should be put on hold, until a legally valid ordinance is adopted and to allow time in which to study the development of the ordinance; that it is generally better to upgrade an ordinance, before there is an application pending; that there are no applications pending now; that concerning the time-frame under State law, a report and public hearing must be done within 45 days before any consideration Council Minutes 9-1-93 Page 4 4. URGENCY ORDINANCE (Continued) can be given to a continuance beyond the first 45 days; that such continuance could be 10 months and 15 days, and a second continuance could be for an additional period of time up to one year; that once the decision is made to amend the ordinance, the Planning Commission hearing and review is required, and conceivably if a valid draft ordinance were in hand, the minimum time in which to adopt an ordinance would be 90 days; and that he does not have such an ordinance drafted, nor is it intended that it should take two years in which to complete it. In answer to questions by Council, City Attorney stated that these businesses are legal, and must be allowed for in the community; and that there is no conflict currently pending with the existing ordinance. Assistant Planning Director stated that there has not been an application in the past five years. Councilmember Schlendorf stated that she considered the proposal a restraint of trade of a legal business; that she felt the moratorium was wrong; that a hostile environment should not be set up for a person who wants to enter a legal business; that a broad description would mean that another movie theater could not be opened; and suggested that the amendment be set on a high priority basis. In answer to question by Council, City Attorney explained what the processes and impact would be if a person were to submit an application, and the ordinance were changed before a permit was granted, there would have to be compliance with the new requirements, unless there were a grandfather provision in the ordinance; that there is no intent to stop, hinder or prevent any existing use from operating in the way in which it is currently operating; that findings of urgency must be made to adopt the ordinance; and he reiterated the need for updating the current ordinance,and the potential problems for something to occur while the ordinance is being updated. In answer to question by Council, the Mayor stated that he instructed the City Attorney to prepare the proposed ordinance, after talking with the staff and City Manager and hearing their concerns. Mayor stated that the moratorium recognizes the sensitive nature of the issue, and should not be abused to prevent normal trade; and that if it is adopted, a new ordinance would have to either be written in 45 days,or the time-frame for completing the process would have to be established,and only the amount of time that is needed would be considered. Councilmember Reller-Spurgin stated that she questioned the need for the urgency, and was not satisfied with the answer, and did not see the urgency. It was moved by Hodges, seconded by Schlendorf, and carried, by the following vote, that this matter be tabled; and that the City Attorney and staff proceed with an amendment to the ordinance, as a high priority: AYES: Hodges, Lyons, Reller-Spurgin&Schlendorf NO: Maryanov ABSENT: None 5. COMPREHENSIVE FEE SCHEDULE AMENDMENT Staff Recommendation: That the Council amend the Comprehensive Fee Schedule to approve additional Fire Department fees and permits, consistent with the new revenue sources identified in the Fiscal Year 1993-94 budget. Fire Services Manager reported that one of the originally contemplated fees is not reimbursable, - (114 under insurance policies, and has not been included, which originally represented about $8600; 014 that the annual estimated revenue is $173,000; that f08) ees will commence October 1; and that collection fees are based on 30-35% of the amount collected. Resolution 18169, as recommended,was presented; after which, it was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that R18169 be adopted. 6. ADDITIONAL LEGISLATIVE ITEMS: (Satisfied agenda posting requirements) - None CONSENT AGENDA: 7. See Item 19. 8. MO 5243 awarding contract to Craig Kastl to provide rangemaster services, at Police Department, (113- not to exceed $10,000. A3257. 001 9. MO 5244 approve contract with San Bernardino Sheriff's Department to provide gunshot residue (113- analysis for the Police Department for$150., for each analysis. A3258_. 001 Council Minutes 9-1-93, Page 5 10. Res 18170 approving budget amendment to provide funds for Riverside County Flood Control (OEi 1- District for Line 20 (design work) on El Cielo Road and Farrell Drive in the Central drainage 0]15) area, for$161,540. 11. MO 5245 awarding contract for annual street slurry seal, CP93-14, to Graham Contractors for (136- $174,067.30. A3259. Ot}1) 12. MO 5246 awarding contract for traffic signal installation at Sunrise Way and Amado Road,CP92- (130- 03, to Select Electric Ins., for $107,855.50. A3260. 001) 13. MO 5247 awarding contract for annual rubber-chip(cape seal)applications, CP93-I5, to Manhole (136- Adjusting Contractors for$433,050.60. A3261. 0,11) 14. Res 18171 approving budget amendment.for Airport local advertising program to increase:Airport (Oli 1- activity for$50,000. 015) 15. Motion concurring CRA action this date- R898. (124) 16. See Item 20 17. Res 18172, 18173, 18174 and 18175 approving Payroll Warrants and Claims & Demands (see (0I36) vote for abstentions). 18. MO 5248 approving a release and settlement agreement with Steptall re.Canyon Project. A3262. (133- 0106) It was moved by Reller-Spurgin, seconded by Schlendorf, and unanimously tamed, that R18170 through 18175, Minute Orders 5243 through 5248 and motion in Item 15 be adopted; abstention on warrants as follows: #877717, 878133 Reller-Spurgin; 877538 Hodges; and 877615 Lyons. 19. BUDGET AMENDMENT - PARKS & SWIM CENTER FUNDING Consideration of approving budget amendments for continued operation of the Baristo and Victoria Parks for $25,000; and continued operation of the Palm Springs Swias Center for $20,000. City Manager stated that an assessment district process will commence with hearing in November. Councilmember Schlendorf expressed strong opposition to funding the parks in this manner; that each department took cuts, and she supported the utility tax based on those cuts; that she did not (061- oppose providing the funds, if the Parks & Recreation Commission wished to recommend an alternate reduction in an equal amount; that the funds are not available for the budget to creep upward; and that the landscape maintenance district will be for next year's funding. Councilmember Hodges stated that she asked that this be brought back on the agenda; that she supported the recommendation for the parks, but had concerns about the Swim Center; that extending it for two months over what was proposed for closure doers not do anything, in that Piranhas will start and not be able to finish, or the senior olympics, or water polo; and that she did not think it possible to be able to ffund it for six months. Councilmernber Reller-Spurgin stated that it would not be fair to have the program start and not finish. Mayor stated that this is a risk and is in strong anticipation that the maintenance district will be approved, recognizing that the funds will not be available until next year, which is tantamount to borrowing funds from that source; that it is not a certainty, however, there has been an outcry from the community indicating that it would pass,and if there is a 5096 protest, it could go to the ballot; and that the action would mostly be borrowing against new sources of revenue for next year. Councilmember Hodges stated that she did not understand that the Council would be(borrowing from next year's funding if the assessment is approved to cover expenses of this fiscal year; that it has not been determined by the Council whether there will be an assessment district, and there is only so much taxing that can be absorbed; and that the Council cannot work on the premise that it will possibly have collections in the future from new sources. Councilmember Schlendorf stated that the budget was balanced with the inclusion of a utility tax to raise a given amount of money, and with no reserves; that she opposed spending next year's budget, since it is not known what that budget will be; that the community must be involved in whatever is done, otherwise it will not pass the new revenues; that 200 people talked but only $1,000 has been raised; that the parks and swim center are important, but there are no funds to pay for them; that information must be provided to the public, and it was naive to spend money that the City does not have; that she would like to see the budget discussed in study session before each meeting; that each department should stay within the budget for the entire year; and that the -hi;,. 1,.r lvrnma involved in the olannine Council Minutes 9-1-93, Page 6 19. BUDGET AMENDMENT (Continued) Councilmember Hodges expressed faith in the Parks for People effort to fandraise, but was concerned that the Swim Center could not be funded over the year; that the appropriation for the parks gives the group a chance to raise funds through November, which hopefully will recover some of the added expense, or allow another continuance of keeping the parks open. Resolution 18176,amending the budget to appropriate$25,000 for the Victoria and Baristo Parks, was presented; after which, it was moved by Reller-Spurgin, seconded by Lyons, and carried by the following vote, that R18176 be adopted: AYES: Hodges, Lyons, Reller-Spurgin&Maryanov NO: Schlendorf ABSENT: None Swim Center: Councilmember Reller-Spurgin stated that when Parks for People came forward about the parks, others also came forward about the Swim Center, and were told they would have a chance; and that this is a very difficult decision. Mayor stated that the assessment district is an answer to the issue of starting and not being able to continue; if it was known that the district would not be approved, there would be no way to continue leaving it open; that reserve funds cannot be used continuously; that,the budget will be fine-tuned and adjusted through the year,because it is only a projection; that given the community reaction, it is not appropriate to say that it will be left open,but no money provided; and that the Park& Recreation Commission can look at whether the funds should be spent elsewhere, if the assessment district is turned down. Councilmember Schlendorf stated that parks were not the only cuts; that it is very short-sighted to add programs back; that the same kind of commitment was made, in that if there were enough funds the Council would be adding back public safety; that she did not feel the Council was looking at the priorities, only a small portion of the community. Councilmember Hodges stated that the only reason for considering the parks, was because of the people who supported it and came forward trying to raise the money to acconyplish keeping them open; that she did not see the same momentum for the Swim Center; that it is wrong to allow activity to start and not be able to finish it, which does no good for anyone, and may cause more harm; and that she did not see anything possible beyond November. Councilmember Reller-Spurgin agreed, and questioned where the public support for it is. Director of Parks&Recreation stated that there is momentum, but not the same capacity; that the Parks for People group has included the swim center in its fundraising drive as part of its goal; that winter repair is from six to 12 weeks, and perhaps that could be extended to occur in February. He noted that AYSO has signed its new contract, and Little League is in the process. In answer to question by Council, Director of Parks&Recreation stated that the biggest cost for the pool is heating during the winter; and that the Piranhas could staff their own programs, provided the energy and other maintenance factors were covered, in that they are certified. Resolution 18177 was presented; after which, it was moved by Lyons, seconded by Maryanov, and carried, by the following vote, that R 18 177 be adopted: AYES: Lyons, Reller-Spurgin &Maryanov NO: Hodges & Schlendorf ABSENT: None 20. STUDY SESSION SCHEDULE Consideration of amending the time and date for Study Sessions. Discussion ensued in which points were raised favoring varying days and times. Councilmember Hodges stated that the Council has a long list of items to be discussed, but they do not seem to get on the agenda, and the sessions must be productive. (114- 004) Mayor stated that weekly meetings allow the Council to give direction for the regular meeting. He favored open study sessions on Tuesdays at 5 p.m., and Closed Sessions only preceding the regular meetings on the first and third Wednesdays. r l Council Minutes 9-1-93, Page 7 20. STUDY SESSION (Continued) Resolution 18178 establishing study session schedule as follows: Wednesdays, 6:30-7:30 p.m. Closed Sessions; 2nd, 4th and 5th Wednesdays, 7:30 p.m., open study session, was presented; after which,it was moved by Schleadorf, seconded by Hodges, and canned by the following vote, that M8178 be adopted: AYES: Hodges, Lyons, Relier-Spurgin&Schlendorf NO: Maryanov ABSENT: None ADDED STARTERS: None REPORTS OR REQUESTS: a) Treasurer's Monthly -June, 1993, received for filing (121- 002) CITY COUNCIL reports or requests - None PUBLIC reports or requests -None STAFF reports or requests-None ADJOURNMENT There being no further business,Mayor declared the meeting adjoumeAd to Wednesday, September 8, 1993, at 7:30 p.m., Large Conference Room, City Hall. JUDITH SUMICH City Clerk