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HomeMy WebLinkAbout1995 - MINUTES - 3/15/1995 CITY OF PALM SPRINGS (�4 J 3 CITY COUNCIL MINUTES MARCH 15, 1995 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Matyanov, in the Council Chamber, 3200 Tahquitz Carryon Way, on Wednesday, March 15, 1995, 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, Kleindicust, Lyons, Reller- Spurgin, and Mayor Maryanov Absent: None The meeting was opened with the Salute to the Flag, led by Boy Scout Troop 262, and an invocation by Msgr. Malachy McGinn, St. Theresa Catholic Church . REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on March 10, 1995, PRESENTATIONS: Plaques to former Economic Development Commissioners: Harris, Housman, Israelson, Morgan, O'Linn and Show. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION(All Entities)- See items on Page 5 of agenda this date. HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY - No business 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. ' PUBLIC HEARINGS: 1. TRACT 28120 - TENTATIVE MAP & PD 235 - LANDAU DEVELOPMENT Recommendation: That the Council approve planned development district for five single- family residences; and tentative tract map 28120 to divide property on the NE comer of Sunrise and El Alameda into 5 lots, and one common lot(Prior approval: PD 212, TM 25243, (137- which expired). 101 ) Councilmcnnber Hodges stated she would abstain due to a potential client relationship. (116- 105) Director of Plarming & Building briefly reviewed his memorandum. Mayor declared the hearing opened. Iry Green, developer, spoke in favor of the project, adding that an overhead electrical line will be undergrounded. He thanked the planning staff for its speed and cooperation in processing the application. There were no further appearances, and the hearing was closed. Resolution 18571, as recommended, was presented; after which, it was moved by Reller- Spurgiu seconded by Lyons and unanimously carried, that R18571 be adopted; Hodges abstaining. INTERAGENCY REPORTS: a) Councilmembcr Lyons gave a brief update on the work of the Airline Task Force. b) Councilmember Kleindienst gave a brief report on the CVAG youth commission. c) Mayor gave a brief report on the general results of the Airport Economic Impact Report. Council Minutes 3-15-95, Page 2 PUBLIC COMMENTS: a) The following persons spoke concerning Item A10: Bud Crane, in support of the interim ordinance, but concerned that the distance from residential, schools, and churches should be t,000 Let and not 500 feet; and that he (103- would be concerned if there were more than 50 such businesses, noting that Anaheim 0,12) has only 22. Kelley Green, in favor of interim ordinance, adding that the ordinance does not regulate the activity protected by the First Amendment, rather, it protects the quality of life in Palm Springs, via land use. Paul Stickler, Cathedral City, commented on adult sexually oriented businesses in Cathedral City, and opinion that it would be a "blow" for Palm Springs to be likewise. Ed Dietrich, P.S. ITtinan Rights Commission, stated the ordinance is a collective effort of a variety of the community; that there was concern that it might imipinge mt poor and disadvantaged areas, but Ire has been assured by Staff that those land issues have been dealt with, and there is not that concern; and thal such being the case, the Colmnission supports the ordinance. Dave Jenkins, Community Church and President of the Clergy Association,stated that the Association has been involved in the development of the ordinance over the past year; and the interim ordinance is needed to allow timely discussion and enachncnt of the final ordinance. Bob Lee, Villa Royale, stated that the Hotel Association endorses the interinx ordinance, and has worked with staff so it does not drastically affect hotels, and allows for free enterprises based on zoning. ' Pat Cooper, San Marco way, opposed the ordinance, as too vague and too broad, and unfairly limited legitimate business. She favored updating existing ordinance, but not restricting constitutional purposes; and suggested that education programs be implemented related to rape, child abuse, etc. Mark Matthews urged approval of the ordinance. Steven Payne, Desert Shadows, favored all ordinance, but questioned the need for all interim measure; and urged that the time needed to devote to a final ordinance be taken, to avoid later amendments, and possible litigation. Fred Ebeling stated the entire community needs to be consulted. Ile added comments that P.S.T.V. should provide mandatory coverage of all commission meetings; and took exception to charges for mandatory waste disposal services. Andrew Green, St. Paul Episcopal Church, supported the interim ordinance, noting that a diverse group of the community favors it, and that the urgency is needed to have it in place, since there is not enough time for a final ordinance to become effective in June. Ile added that some people who were opposed, now favor the ordinance, which protects individual rights and those of the community. b) The following persons spoke on matters not related to an agenda item: Janes Rice expressed satisfaction with the progress of the community, and the work , of the City Council. Dick Sroda stated that the Council needs to privatize more services, and commented on news articles of what other communities in the Inland Empire are doing. Victor Yaschavich, General Manager, Brewmeisler, commented about a weekend carnival events, and asked the Council to look into the business license fee, in order to permit additional events, which promote activity in the downtown, and which only break even as to costs. City Manager noted that he has authorized a reduced amount based on a daily event, and will be recommending an ordinance amendment. CIO �_, y Council Minutes 3-15-95, Page 3 Continued Darrell Meeks asked that parking not be restricted on the north side of Tahquitz Way, between Indian and Palm Canyon during the Sunfest '95, as there are only two businesses on that side of the street. He also supported the interim ordinance; and questioned why Item 11 was being recmmneuded. ' John Booth, President of the P.S. Police Officers Association, urged that citizens pay heed to road closure signs, as a means of protecting life, and not an inconvenience to motorists. c) The following person spoke in favor of Item 2: Eric Meeks, adding that any appeal should be to the Council, and not the City (089- Manager. Ile also commented that the wastewater plant effluent should be sold to 008 other golf courses down valley, and the plant should be expanded. LEGISLATIVE ITEMS: 2. WARNER CATV GRANT FUNDS - PSTV Recommendation: That the Council approve release of grant funds of $77,030 to PSTV, (089- Government/Public Access TV, for use in expansion of the facilities and equipment for 008 improvement in technical quality, added services and expanded progranuning; an additional $22,070 grant funds for establishment of the "Control Room" and its equipment, outside of the. Council Chamber; and that the Finance Department establish procedure, with PSTV, for disbursement and auditing of the funds, and inclusion of said equipment with City asset numbers. Information Services Project Manager highlighted the memorandum of the Director of Administrative Services. Councilmember Kleindienst requested an inventory of functioning equipment that the City still owns. Resolution 18572 as recommended, was presented; after which, it was moved by Reller- Spurgin seconded by Lyons and unanimously carried, that R18572 be adopted. 3. MUNICIPAL CODE AMENDMENT - TEMPORARY RETAIL SALES/FRANCES STEVENS PARK Recommendation: That the Council amend the Municipal Code relating to temporary art (103- shows in Frances Stevens Park for each booth or individual selling outside booths at the daily 001 fixed rate of $2 per each, limited to six events per fiscal year approved by the Downtown Development Director. Director of Finance highlighted his memorandum, noting that the recommendation was made by the Downtown Development Director; is an increase from two to six events; and applies only to Frances Stevens Park. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 3.84 OF THE MUNICIPAL CODE RELATING TO TEMPORARY RETAIL SALES. 1 after which, it was moved by Reller-Spurgin, seconded by Kleindienst, and unanimously carried, that further reading be waived, and the ordinance be introduced for first reading. , Council Minutes 3-15-95, Page 4 4. VILLAGEFEST RULES BSc REGS Recommendation: That the Council adopt restated rules and regulations for Village',Fesl, and rescind previously established, and/or amended rules. (0!i0- City Manager reviewed the memorandum of the Director of Economic Development. 018) It was the consensus of the Council that the word, "minimize" be changed to "prevent," under It., B., subparagraph 5, concerning food service closures. Minute Order 5517, as recommended, was presented; after which, it was moved by Kleindienst, seconded by Lyons, and unanimously carried, that MO5517 be adopted, subject to the above notation. 5. SUNRISE/E.PALM CANYON INTERSECTION IMPROVEMENT-LAND ACQUISITION Recommendation: That the Council adopt resolution setting hearing for April 19, 1995, on Resolution of Necessity to acquire a 5-ft strip on the north side of E. Palln Canyon Drive, west of Sunrise Way, in order to widen the intersection (Prior approval: 12-21-94), (136- 028) Director of Public Works highlighted his report. Resolution 18573 as recommended, was presented; after which, in was moved by Hodges seconded by Reller-Spurgin and unanimously carried, that R18573 be adopted. 6. CITIZENS ON PATROL Recommendation: That the Council approve a program known as, "Citizens On Patrol," to train citizens to recognize suspicious activity, criminal behavior and provide an appropriate (113- reporting method to assist police officers in the field in the apprehension of criminals. m ) Captain Boswell reviewed the memorandum of the Police Chief, noting that the target date is April 1. Ceuncihuetnber Reller-Spurgin stated that in addition to reduced crime, there will be cost savings to the community, e.g., catching "taggers" would save money associated with graffiti removal. Minute Order 5518, as recommended, was presented; after which, it was moved by Reller- Spurgin, seconded by Lyons, and unanimously carried, that MO5518 be adopted. 7. FIRE MANAGEMENT UNIT MOU Recommendation: That the Council approve a Memoandmn of Understanding with the Fire (110- Management Unit for a 2-year period, ending June 30, 1996. 01 12) Resolution 18574, as recommended, was presented; after which, it was moved by Reller- Spurgin secondcd by Lyons and unanimously carried, that R18574 be adopted. 8. WASTEWATER TREATMENT PLANT - SLUDGE HAULING & REMOVAL Recommendation: ]'list the Council reject single bid for hauling and disposal of approximately (l 27- 1,300 wet tons of anaerobic digested sludge from the treatment plant, and authorize re-bid. CIO ) Minute Order 5519, as recommended, was presented; after which, it was moved by Lyons seconded by Reiter-Spurgin and unanimously carried, that MO5519 be adopted. ' 9. MUNICIPAL CODE AMENDMENT(Ord. Intro. 3-1-95) City Clerk read title of Ord 1504, establishing a VillageFcst Board; after which, it was moved ( 060- by Lyons seconded by Kleindienst, and unanimously carried, that further reading be waived, 1028) and that 01504 be adopted. ADDITIONAL LEGISLATIVE POEMS: (Satisfies agenda posting requirements; materials at meeting) 0011 � Council Minutes 3-15-95, Page 5 A10. URGENCY INTERIM ADULT-ORIENTED BUSINESS ORDINANCE Recommendation: That the Council adopt an Urgency Interim Adult-Oriented Business Ordinance regulating the establishment of adult-oriented businesses in the City of Palm Springs. (103- 042) (Note: This item was taken out of order, following Public Comments) Director of Planning&Building reviewed his memorandum, noting that the current ordinance is not workable, given case law, and needs to revised to provide a fair and equitable regulation, and not subject the community to problems in a permitting process; that the proposal establishes a permit process, rather than a conditional use permit process, whereby if the criteria is met, the permit is issued by him within 30 days; that if the criteria is not met, the pertnit is denied; that the land use areas are the heavier commercial zones; that a 500-ft setback from residential churches and mortuaries, is provided; that the Commission is looking at information relative to a different setback, and that may be different in the final version; that the Commission action is expected to be completed on April 12, the matter to the Council April 19, and following second read reading, the ordinance would be effective June 2; that the use would not be permitted in C-2, which is mainly, Indian Canyon downtown, and M-2 has been added, which is near I-10; that existing operators are not precluded from current locations; that the affect of the activity on different kinds of businesses has been carefully looked at, e.g., hotels, small inventories of adult oriented products-limited by the amount of floor space and significant relationship to the business; that the ordinance is not intended to apply too hotels showing adult movies via cable or closed circuit, nor clothing optional hotels; that it applies to existing properties, but not to those on major or secondary streets; and he displayed an aerial showing the possible locations, and the relationship of a 500-It setback. Councilmember Hodges stated she appreciated the public input, and felt it important for the community to get involved in this issue; that the proposed ordinance contains language which she did not agree with. City Attorney stated that it is an interim ordinance, good for 45 days, and the updated ordinance ,s in the Planning Couunission process, in its sixth version, and by the time the Council sees the final text, there probably will be other changes, as there are concerns and it is a very sensitive issue; that he expected that the final version may not be perfect, and the Council may wish to modify it; that the interim removes pressure from the Council, and from a tinting stand point,provides all opportunity to fine tune the final version, and not necessitate its immediate adoption; that he felt there is still more debate by the Commission; and that the Council could make corrections to the hiterim if it so desired. Councihnember Hodges stated she welcomes the public input as the ordinance goes through the process; that her concern is that the Council is being asked to approve the interim as an urgency ordinance, and it contains statements that certain studies have been reviewed, and conclusions drawn, which she has not read; that she wanted to vote for the ordinance, if that circumstance could be cleared so those statements are more accurate; that she has not seen those studies, and could not vote with those statements contained; and that she wanted to see the interim adopted, and the final version complete the process. City Attorney stated that in some cases the topic deals with the First Amendment rights, and the,burden is on the City to justify the action;that it would be very expensive to have city staff do detailed studies as to the affect on those businesses; that there are many communities which have conducted those studies, and those were provided to the Planning staff, and are available for review; that the staff has reviewed them with the Commission, to show secondary affect of these types of businesses are very dramatic, and the ordinance recitals bring out the data in those studies; that the courts have found that one study in one city can be used to rely upon in reaching conclusions, and that because a member has not personally read those studies, they have in fact been presented to the city staff and the conclusions are recited in the ordinance. Councilmember Hodges stated that she could not vote yes because of the wording, and that she will have read those studies by the time the final ordinance conies back to the Council. Councilmember Reller-Spurgin stated that in terms of revitalizing the community, and looking at economic impacts, choices have to be made; that the possibility of such businesses on a main street is a business decision, and she will vote in favor on the basis that it is a good business decision. Council Minutes 3-15-95, Page 6 A10. URGENCY INTERIM ADULT-ORIENTED BUSINESS ORDINANCE (Continued) Councilmember Hodges agreed that it is a business derision, but considered it unfortunate the way in which the language was drawn. Councilmember Kleindienst stated he was very impressed with the level of supper( shown by the community; and commended staff, the commission and community for their involvement, as it reflects something that everyone can feel comfortable with. Mayor slated that he believes the statements in the ordinance are true in his opinion, and suggested a minor change in the third "whereas" to reflect that the staff has reviewed detailed studies. Councilmember Reller-Spurgin stated that based on her professional experience, she thought a person with a problem described on Page 3, paragraph six, was always subject to the same behavior. Director of Planning&Building stated that the City Attorney was concerned that there would be a problem if longer than two years was established; and the idea is awareness, and observation of any problem areas, which become crime issues. City Cleric read title of Ordinance 1505, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION AND ADDING A NEW CHAPTER 5.77 TO THE PALM SPRINGS MUNICIPAL CODE, AMENDING SECTIONS 9215.0t, SUBSECTION A, 9216 01,SUBSECTION A, 9217.01, SUBSECTION A, AND 9217-1.01,SUBSECTION A TO THE ZONING ORDINANCE OF THE CITY OF PALM SPRINGS,AND REPEALING SECTIONS 9100.01,SUBSECTION A.9; 9214.01,SUBSECTION D.2,9215.01,SUBSECTION D.1,9216,01,SUBSECTION D.l; 9217.01, SUBSECTION D.1; AND 92402.00, SUBSECTION 11.1. It was moved by Lyons, seconded by Kleindienst, and unanimously carried, that further reading be waived; and it was moved by Lyons, seconded by Kleindienst, and carried by the following vote, that Ordinance 1505, be adopted: AYES: Kleindienst, Lyons, Reller-Spurgin & Maryanov NO: Hodges A13SENT: None CONSENT AGENDA: it. See Item 15. 12. Res 18575 and 18576 approving Payroll Warrants & Claims & Demands. (086- 013) 13. MO 5520 through 5527 (8) ratifying various contracts with E.L. Yeager Construction, and Vatter & McCalice Construction, for storm damage repairs, aggregate of $64,500. (Vatter: ( 092- A3481-3490, Yeager: 3492-3495). 011) 14, MO 5528 approving use of O'Donnell Golf Course as the site for the concourse d'elegance during SunFest '95. (092- 006) It was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, that R18575 and 18576, and MO 5520 through 5528 be adopted; Reller-Spurgin abstaining on Warrant 8955825; and Kleindienst and Maryanov abstaining on MO 5528, clue to client relationships. , Council Minutes 3-15-95, Page 7 15. ALLOCATED POSITIONS & COMPENSATION PLAN AMENDMENT Recommendation: Res approving amendment No. 6 to Allocated Positions & Compensation Plan, to increase Public Arts Administrator from a.5 to a 1. position allocation. (061- 019) City Manager reported that the Arts Administrator cannot complete all of the work on a half- time basis; that the position is funded through the Public Arts fee; that he feels the justification warrants a full-time position, and he recommended approval. In answer to question by Council, he stated that the budget amendment is for approximately $6,500 for the remaining quarter of the fiscal year; and the added cost will be $26,016 per year. Councilmember Hodges that she appreciated knowing where it was funded, but asked for support to justify it. Consensus: Item to be rescheduled for the next regular meeting, and the Public Arts Commission to speak to it. ADDED STARTERS: 16. STORM DAMAGE CLEANUP&REPAIR-RATIFICATION OF VARIOUS CONTRACTS Recommendation: That the Council approve 11 contracts with E.L. Yeager Construction, in various amounts, for emergency cleanup and repair of damages to city streets, totalling (136- approximately$63,000,from four separate storms January -March, 1995;Director of Finance 041) to prepare offsetting budget adjustment of $45,000; reimbursement expected from FEMA. (A3496-3498, 3503-3510) It was moved by Lyons, seconded by Hodges, and unanimously carried, that this matter be detenruned eligible for consideration, and added to the agenda. ' Minute Orders 5529 through 5539, as recommended, were presented; after which, it was moved by Lyons, seconded by Reller-Spurgin, and unanimously carried, approving M05529- 5539. REPORTS &REQUESTS: CITY COUNCIL reports or requests a) Appointments: Motion by Hodges, seconded by Lyons, was unanimously adopted, confirming appointment of Councilmember Kleindienst as designee to CVAG Coachella Valley Children &Youth Commission. b) Councilmember Kleindienst reported on the success of his, the City Manager's and the Director of Aviation's recent trip to Washington, D.C., to meet with representatives, and federal officials, concerning the Airport, i.e., related to $8 million grant funds for expansion, potential for customs office, designation of Indian Canyon Way on the national road system, multi-modal study. he also reported that he will attend a California Transportation Committee meeting in San Diego on the 29th, for an additional presentation. c) Councilmember Reller-Spurgin questioned when the last fire drill was done in City Hall; and she would like to look at the disaster prevention for City Hall. d) Councilmember Hodges asked for an update on the dinner ineeting with Desert Hot Springs; and for staff to look into possibility of Palm Springs as a national weather site designation. PUBLIC reports or requests a) Don Frank took exception to limiting earlier public comment of Mr. Lapbam. Mayor noted that Mr. Lapbam was given an additional minute, and he has a high respect for him, but everyone is subject to the rules of time limit. Council Minutes 3-15-95, Page 8 STAFF reports or requests a) City Manager requested that the Council adjourn to March 22, to consider action for direction to CVAG representative regarding a NAFTA corridor in the Valley. ADJOURNMENT There bcing no further business, Mayor declared the meeting adjourned to March 22, 1995. C UDITH SUMICH City Clerk 1