HomeMy WebLinkAbout1994 - MINUTES - 12/21/1994 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
DECEMBER 21, 1994
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, December
21, 1994, at 6:00 p.m., at which time, the City Attorney announced items to be discussed in Closed
Session, and at 7:00 p.m., the meeting was convened in open session.
ROLL CALL: Present Councilmembers Hodges, Kleindienst, Lyons, Reller-Spurgin, and Mayor ,
Maryanov
Absent: None
The meeting was opened with the Salute to the Flag, and ail invocation by Rev. Morrow, Desert
Chapel.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance
with Council procedures atr December 16, 1994.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION(All Entities)-
See items on Page 5 of agenda this date.
PRESENTATION:
On behalf of the Positive Alternatives for Youth Council, checks were presented by Stan
Barnes, Chairman to P.S.Boxing for$1,000 and$750 to the Youth(,enter; funds were derived
from a 6K Run.
HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT
AUTHORITY - No business
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared to meeting adjourned for the
purpose of convening as the Community Redevelopment Agency; after which, members reconvened as ,
the City Council.
COMMUNITY REDEVELOPMENT AGENCY: None
APPROVAL OF MINUTES:
It was moved by Kleindienst, seconded by Hodges, that the Minutes of November 16, 1994
be approved. Councilmember Reller-Spurgin emphasized her continents regarding the parks
privatizing that it was business decision, and not related to the employees, or their
performance.
PUBLIC HEARINGS:
1. TTM 27680 - PALM MOUNTAIN COMPANY
Recommendation: That the Council approve tentative tract map 27680 to divide 10 acres into
9 single-family-residentiat lots and one remainder lot proposed as open space, for property on
the SW corner of Vista Chino and Via Monte Vista. ;137-
Councilmember Hodges stated that she is the only member who is personally named in the
Palm Mountain lawsuit, and until that is no longer the case, site will abstain on issues affecting
McWethy or the Palm Mountain Club.
Director of Phuming & Building reviewed his report, noting that the project has been fast-
tracked. He reviewed maps and explained aspects of the project, noting there are certain '
restrictions on building heights; that each lot will be built on individually,and each subject to
Commission approval.
City Attorney stated that the developer was not satisfied with condition Nos. 3 t and 34,
regarding undergrounding utilities and payment of drainage fees, and improvements on Via
Monte Vista; that litigation was filed several years ago regarding a golf coarse in Tachevah
basin, and on-going for years; that then°agave been some fruitful settlement understanding and
the developer has asked that the condii.ons be modified, and staff does not object to working
those out as Part of the settlement agreement, and he recommender.) that the language of
Council Minutes
12-21-94, Page 2
1. REVISED TTM 27680 - PALM MOUNTAIN COMPANY (Continued)
condition be such that it is clear that the City reserves the right to change the conditions based
on the settlement agreement that can be arrived upon between the parties.
Mayor declared the hearing open.
' Pat Ogar, Panorama Road, asked that consideration be given to limiting the elevations for two-
story house so as not to block their entire view.
Tom Romano, Panorama Road, questioned which elevation of Lot 3 will be used for the pad
and determining the building height.
Discussion followed concerning building height and concerns for views, and the Director of
Planning & Zoning explained the elevation details for Lot 3; the Cominission's process of
notifying neighbors that an application has been filed, and the efforts made to work with
neighborhood issues; that the elevations are set based on an average between the high and low
points of the parcel; that there may be lost views depending on the individual building
orientation; that the area is not steep hillside; and that there is an appeal process. He stated
that regarding condition 31, it relates to undergrounding existing and new facilities, or
whatever modification results from the settlement agreement.
There were no further appearances, and the hearing was closed.
Resolution 18530 as recotmnended and revised concerning modifications as a result of a
settlement agreement, was presented; after which, it was moved by Lyons, seconded by
Kleindienst, and unanimously carried, Hodges abstaining, that R18530 be adopted.
INTERAGENCY AGENCY REPORTS: - None
' PUBLIC COMMENTS:
a) Comments concerning Item 5:
The following persons spoke, urging that the Council not eliminate the public
comments at the end of the meeting, expressing strong views as to their opinion of (114-
the Council, and its desire to consider such action: 002)
Steve Grasha, Linda Cooper Lee, Darrell Meeks, Dick Sroda, Fred Ebeling, and
Eric Meeks.
Jim Jones and Jeremy Crocker also urged no action on this matter.
b) Doug Keith, 2796 N. Palm Canyon, expressed thanks for listening to his input
concerning auto service stations and mini-marts, and stated his understanding that the
new statute will allow a gasoline station owner to apply for the expansion for the
convenience services whenever they wish to, and that there is no deadline for doing
so.
c) Mayor stated he did not believe lie had said that the Frank-Ebeling lawsuit caused the
loss of parks jobs, rather that it cost the City revenue, and that the loss of revenue
will eventually cost the loss of all kinds of city jobs; that privatizing parks has
nothing to do with the lawsuit, but that the lawsuit upset the Tribal Council-City
Council relationship, and the casino would have generated room taxes and other
sources of income, which would have been a positive thing for jobs and city staff.
LEGISLATIVE ITEMS:
2. MUNICIPAL CODE - ECONOMIC DEVELOPMENT COMMISSION
Recommendation: That the Council repeal Chapter 2.22 which established the
Economic Development Commission.
(060-
Director of Economic Development reviewed his report, adding that the Commission concurs 007)
with the recommendation, which will result in task forces appointed by him to address various
topics, or to utilize their experience or business contact to carry out the economic development
c °7Ri.D
Council Minutes
12-21-94, Page 3
2. MUNICIPAL CODE - ECONOMIC DEVELOPMENT COMMISSION
function. He stated that unless appointed by the Council, or serving a broader purpose, the
task forces would not be subject to the Brown Act.
Councilmember Hodges slated that she was not opposed to doing away with the Commission,
and felt it has lost its direction.; that she did not like to see little task forces setup by staff-
e.g., planting, convention center, and police - and that as a councihnember, there is no
feedback from these groups; that she has a problem with staff task forces which do riot allow
public input, and economic development is too big of a situation for the city and this type of
a task force process would be air injustice.
Mayor stated that the word "task force" may be misused; that group appointed to establish
economic development policy or strategy would be subject to public meetings; that one or a
few experts having a meaningful study group may not be a "task Force;" that any business
deals, in which concessions are considered, be by the Council and in public meetings. He
stated that the "gang task force" should be re-examined, and he agreed the Council is not
getting the feedback it should be getting.
Councilmember Hodges stated that she did not consider the types of contacts or discussions
which occur daily with the Director of Economic Development in the same light as task forces;
that based on her experience with the P.S. Project, task forces were used to gain citizen
involvement to formulate ideas and to develop recormnendation how to implement them; that
a person does not have to be an expert to have good ideas in a given field, and the public
should not be slut-out.
Director of Economic Development stated that if the Council appointed a group to submit a
recommendation back to the Council, it would be subject to the Brown Act.
Councilmember Reller-Spurgin stated that she was on the Commission, and it met monthly,
and was not clear as to its purpose. ,
Mayor stated that the thrust is to be inclusive, not exclusive; that the [ask force approach bring
in the community and does not exclude it, which is the intent.
Councilmember Kleindienst complimented the Commission in working though the issue, and
being willing to disband; that the problem is the term "task force" versus a "pool" to draw
resources from to "rifle shot" issues which will develop over time:; and wanted to see how
those will be used in the future.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
REPEALING CHAPTER 2.22 OF THE PALM SPRINGS MUNICIPAL CODE
WHICH ESTABLISHED AN ECONOMIC DEVELOPMENT COMMISSION.
It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried to waive further
reading; and it was moved by Reller-Spurgiu, seconded by Lyons, and carried by the following
vote, that the Ordinance be introduced for first reading:
AYES: Klcindienst, Lyons, Reller-Spurgin, and Maryanov
NOES: Hodges
ABSENT: None
3 SOURCE REDUCTION & RECYCLING - NON-DISPOSAL FACILITY ELEMENT
Recommendation: That the Council adopt the Non-Disposal Facility Element and agree to '
submittal thereof to the State Integrated Waste Management Board for review and approval.
Director of Economic Development stated that the report was pulled together by the CVAG (123-
staff, and the element is a designated element for each city; that the MRF report to come 011)
forward in the future will probably be more important, and potentially more controversial, and
that the proposed action does not address the MRF (municipal recycling facility).
Resolution 18531 as recormnended,was presented; after which, it was moved by Hodges
seconded by Lyons and unanimously carried, that R18531 be adopted.
Council Minutes e
12-21-94, Page 4
4. RCTC MEMORANDUM- SUNRISE/PALM CANYON WIDENING
Recommendation: That the Council approve a memorandum of understanding with the County
Transportation Commission for the design and construction of the above project using Measure
A funds (local match $192,000), CP92-35, A3466. (revised)
' Grant Manager reviewed the memorandum of the Director of Public Works, noting that under
the regional Measure A funds, 20 intersections along file entire Highway 111 corridor are
earmarked for improvement; that this intersection was approved prior to the redesignation of
Highway I If, and was approved to be retained for this propose; that the improvement will (136-
widen the intersection, allowing transition lanes in each direction,to accommodate traffic flow 037)
until the year 2010, or later, that prior projections have basically been met in terms of overall
growth; and that the RCTC would not concede on final approval authority.
City Attorney stated that the estimated grant split is 80-20; that there is no precise formula,
and a number of factors go into determining the final allocations; that the agreement provides
that the Board makes the final determination, and if it cannot be worked out, the matter will
come to the City Manager, and ultimately, a final decision made by the RCTC.
County representative Mr. Hawkins (?) stated that the estimated cost appears to be 50-60
under the original estimates, and there is (lie ability of the City to back out, should it find the
costs exceed estimates, and it is unable to fund the project; that RCTC will determine the final
cost percentages before bids are advertised, and the City's option to cancel is available after
bids are received; that the alternate to not letting the RCTC make the final decision,would rest
with arbitration, and the RCTC does not think that to be a wise decision in terms of spending
sales tax dollars.
City Attorney recommending adding language to specify that over-budget is a reason for
termination.
' Minute Order 5483 as recornmended, was presented; after which, it was moved by Hodges
seconded by Lyons and unanimously carried, that M05483 be adopted, subject to added
language suggested by City Attorney.
5. COUNCIL RULES OF PROCEDURE - AMENDMENT
Recommendation: That the Council approve amendment to its Rules of Procedure to delete
the "public comment" portion of the agenda at the conclusion of the regular meetings.
Councilmember Lyons requested that the Council withdraw this matter.
It was moved by Lyons, seconded by Reller-Spurgin, and unanimously carried, that this matter
be tabled.
Councilmember Reller-Spurgin stated that the issue has to do with respect, and the way the (114-
public speaks to the Council, that she did not think the Council has to be spoken to in a 002)
disrespectful mariner.
Mayor stated that it is important to respect the desires of the citizens and tabling of this item
is a recognition of that desire; that he is concerned when comments are made about curtailing
freedom of speech; that the Council has never said anything about anyone even when
comments were very out of line; that the sessions are Council meetings, and not town hall
meetings; that it is important to hear from the public and that is why there is a "public
comments" portion; that those comments are also received by members on a daily basis
outside of the meetings; that the Council does not monitor what is being said; that there is a
' lot of disrespect shown to the office of Mayor; and that there is no attempt to censor anyone.
Councilmember Hodges thanked the Council for tabling the matter.
a : ,
Council Minutes
12-21-94, Page 5
6. 1994 95 ALLOCATED POSITION PLAN AMENDMENT
Recommendation: That the Council amend the Allocated Positions &Compensation Plan for (061-
1994-95 to six grounds maintenance personnel from the Parks division to the Airport;including 019)
reclassifying a grounds maintenance lead worker to a grounds maintenance worker.
Director of Aviation highlighted his memorandum.
Resolution 18532 as recommended (revised account numbers), was presented; after which, it
was moved by Kleindienst seconded by Reller-Spurgin and unanimously carried, that R18532
be adopted.
7. POLICE MANAGEMENT UNIT - MOU
Recommendation: That the Council approve MOU with the Police Management Unit for a 2-
year period ending Suite 30, 1996. City Manager noted that this is a status quo contract. (110-
013)
Res 18537 as recommended, was presented; after which, it was moved by Lyons seconded by
Kleindienst and unanimously carried, that Res 18537 be adopted.
8. REDEVELOPMENT PROJECT AREAS AMENDMENT(Ord. Inuo 12-7-94)
City Cleric read titles of Ordinances 1489 through 1498 approving amendments to each (124-
redevelopment project area, to comply with recent state law changes; after which, it was )
moved by Reller-Spurgin, seconded by Hodges,and unanimously ear tied, that further readings
be waived, and that 01489 through 1498 be adopted; Maryanov and Kleindienst abstained on
01497.
9. BUDGET AMENDMENT- DISASTER PREPAREDNESS
Recommendation: That the Council amend the budget to appropriate $15,000 to establish a '
disaster preparedness fund to provide initial year's funding for implementation of the City's (06.1-
disaster preparedness plan, to be administered by the Fire Department. City Manager 016)
highlighted the memorandum of the Fire Chief.
Resolution 18533 as recommended, was presented; after which, it was moved by Reller-
Spurgin seconded by Lyons and unanimously carried, that R18533 be adopted.
10. GOLF COURSES - LEASE/CONTRACTUAL SERVICES
Consideration of agreements with Palmer Golf for lease and contractual management services
of existing and new city-owned golf courses. (092-
City Manager recommended this matter be continued; after which, it was moved by Reller-
Spurgin, seconded by Lyons, and unanimously carried, that this matter be continued to
December 28, 1994.
11. ZONING TEXT AMENDMENTS - MISCELLANEOUS
On November 16, 1994, the Council continued consideration of various amendments to the
Zoning,rext, including revised standards for auto service stations, location for pawn brokers
and check cashing, mini-marts in conjunction with service stations, and temporary RV parking
in conjunction with convention center activities, and other miscellaneous amendments.
(103-
Director of Planting 8c Building reported that this matter was discussed at the last study 039)
session, and the public hearings were concluded on November 16, al.which time several items '
were referred to the Planning Commission, and his report outlined the Commission final
recommendation, i.e.,commenting on mini-marts with respect to video surveillance; the 500-ft
separation between service stations;hours of operation for sale of alcoholic beverages at mini-
marts; no minhnum square footage for existing service station conversions, minimum of 750
sq. ft. for new with retail area; and noted that the full amendment contains other miscellaneous
changes, which were previously presented.
Council Minutes
12-21-94, Page 6
it. ZONING TEXT AMENDMENTS - MISCELLANEOUS (Continued)
In response to question by Council, Director of Planning & Building stated that the
Commission originally considered a 500 ft setback from certain uses for pawn shops, cocktail
lounges, and checking cashing; that it looked at the specific areas where that might occur; that
the recontmendation was on a 5-2 vote; that a CUP will be required, which gives some ability
' to regulate the proximity, and staff has tried to work with people for good locations; that in
some C-M and M-1 zones, a 300-ft setback would remove the potential properties from the
use(Desert Highland,Ramon/Vella and SPC/Sunny Dunes). I-Ie also noted that there may be
a rash of service station/mini-mart conversions, but there is no deadline for doing so,
however, a new state law will ban new beer and wine licenses.
Discussion whether to alter the 300-ft setback resulted in consensus to proceed with the
ordinance as drafted, and to query the various communities noted (neighborhoods, churches,
mortuaries) for input, and report back to the Council.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING ORDINANCE IN REGARD TO AUTO SERVICE
STATIONS AND MINI-MARTS;BAIL BOND OFFICES, PAWN BROKERS AND
CHECK CASHING FACILITIES; TEMPORARY RECREATIONAL VEHICLE
PARKING; AND VARIOUS OTHER MISCELLANEOUS AMENDMENTS.
It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that further
reading be waived, and that the Ordinance be introduced for first reading.
12. ADDITIONAL LEGISLATIVE ITEMS: (Satisfied agenda posting requirements; materials at
meeting) - None
CONSENT AGENDA:
Note: Director of Parks, Recreation&Golf Course responded to questions for clarification concerning
Item 13; and Director of Planning & Building distributed a revised resolution on Item 17.
13. MO 5487 approving agreement for ground lease to Los Angeles Cellular of 2,500 square feet (115-
in vicinity of the restrooms at Sunrise Plaza, to construct, maintain and operate a 003)
communication facility, A3467.
14. MO 5485 awarding purchase of Hurst rescue equipment("jaws of life" spreaders, cutters and ( 087-
lifters) to L.N. Curtis, sole distributor, for $12,523.24 for both municipal and airport 001 )
fire/rescue trucks.
15. MO 5486 awarding purchase of a triplex reel mower to Desert Turf for $17,228.15, for (084-
Aviation Department grounds maintenance. 011)
16. Res 18534 and 18535 approving payroll warrants & claims & demands. Abstain: Reller- (086-
Spurgin #893146 & 893185, Lyons #893083 013)
17. Res 18536 amending the Comprehensive Fee Schedule concerning Planning fees. Revised (114-
It was moved by Kleindienst, seconded by I-lodges, and unanimously carried that MO5485, OOII)
5486, and R18534 and 18535 be adopted.
It was moved by Kleindienst, seconded by Lyons, and unanimously carried, that MO5487 be
t adopted.
It was moved by Kleindienst, seconded by Reller-Spurgin, and unanimously carried, that
R18536 be adopted.
ADDED STARTERS: None
REPORTS & REQUESTS:
i� �rlj J
Council Minutes
12-21-94, Page 7
CITY COUNCIL reports or requests
a) Councilmember Hodges stated that there will be an opening on the RCTC, which will
be voted on at the January meeting, and any Councilmember interest in running for
it, or alternate, may wish to begin lobbying in that regard.
b) Councilmetnber Reller-Spurgin stated that a letter to the editor commended the people
who brought litigation regarding the casino, indicating the Tribe would not otherwise
have moved as quickly; however,she wished to remind the community that many
thousands of dollars have been spent in legal costs, and a lot of revenue could have
been received from the casino to help pay for the maintenance of the City that will
still have to be provided.
c) Mayor stated that the Finance Committee met and has reviewed the City's
investments, and is comfortable with them; that there is one fund which is tangentially
touched by the recent Orwige County situation, with a$50,000 possible risk; that City
hinds are conservatively invested, are not in a state pool, and he has been assured
there are no dealings in derivatives; and that the Comirnittee also reviewed the
potential for an ATM at the Airport, banking and audit services, and more will be
forthcoming on those. IIe stated [hat Mr. Ebeling stated privately, after receiving a
copy of the survey showing the Taltquitz property to be outside of the 300 ft.
distance, that he was satisfied; adding that he would have preferred such comment to
have been made publicly.
STAFF reports or requests - None
PUBLIC reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting adjourned to Wednesday,
December 28, 1994, at 6 p.m., in the Large Conference Room, City Hall.
TJUDITH�
:-f
SUMICH'—
City Clerk