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HomeMy WebLinkAbout1995 - MINUTES - 4/19/1995 CITY OF PALM SPRINGS CITY COUNCIL MINUTES APRIL 19, 1995 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 19, 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 Kleindienst, Lyons, Reller-Spurgin, and Mayor Maryanov Absent: Councilmember Hodges The meeting was opened with the Salute to the Flag, and an invocation by Rev. T.C. Wilder, Ajalon Baptist Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on April 14, 1995. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION(All Entities)- See itcros 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 put-pose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council. APPROVAL OF MINUTES: It was moved by Kleindienst, seconded by Lyons, and unanimously carried, Hodges absent, that the Minutes of March 15 and 22, 1995, be approved. PRESENTATION: PSHS Student Body Monthly Report PUBLIC HEARINGS: 1. SUNRISE/E. PALM CANYON INTERSECTION WIDENING - LAND ACQUISITION Recommendation: That the Council adopt a Resolution of Necessity to acquire right-of-way needed to the widening of the above intersection, CP92-35, consisting of approximately 1,976 square feet. Director of Public Works reviewed details of his report, noting that the acquisition is needed (136- by June 30, 1995, in order to proceed with the award of contract, which is funded by SB300 028) money, and which will otherwise be lost after that date; that negotiations to acquire the parcel have been successful on the price for one parcel, but questionable on the second; and that negotiations would continue as long as possible; that the County will provide the appraisals, and conclude the negotiation process. Mayor declared the hearing open. Eric Meeks expressed opinion that these types of situations are a waste of money, and the intersection is big enough, and the green space will be eliminated. Darrell Meeks asked why the action is coming forward within a few weeks of the deadline, and not brought to the Council sooner, and why it cannot wait for a full Council. ' Mayor noted that Councihucmber Hodges was ill, and had requested specific items be deferred, which has been honored by the Council. City Attorney pointed out that the parties who spoke are not the property owners involved in the action; and that negotiations were tried as long as possible, in order to avoid condemnation, and time, does not permit further delay. There were no further appearances, and the hearing was closed. ;{ 1C4 Council Minutes 4-19-95, Page 2 1. SUNRISE/E. PALM CANYON INTERSECTION WIDENING - LAND ACQUISITION (Continued) In answer to questions by Council, staff responded that this is Icgal process to begin the condemnation proceeding, which can be concluded if there is an earlier settlement; that there will be a clear and obstructed cutback on the intersection corners; avid bay parking on the east side of the property on Sunrise will not be affected. Councilmenber Lyons pointed out that there were prior Council discussions related to this intersection, and the need for the project in order not to lose funding, and to plan for future growth. Mayor stated that the overall cost of the project is about$950,000, which includes $749,000 SB300 fluids, with a city match of$192,000, and if die Council does not proceed, those funds will be lost and there is no assurance of getting them again in the future for this location. Director of Public Works responded to question, stating that the city matching funds were budgeted 1-2 years ago. Resolution 18586 as recommended (revised language), was presented; after which, it was moved by Kleinlienst seconded by Reller-Spurgin and unanimously carried, Hodges absent, that R18586 be adopted. 2. GPA - AUTOMOBILE SERVICE STATIONS Recommendation: That the Council approve amendment to Policy 5.21.8 of the Couununity Design Element of the General Plan, regarding automobile service stations, to allow multiple (101- service stations at major intersections and to allow mini-marts in conjunction with service m stations. Director of Planning & Building repotted that the recommendation is a follow-up to the changes requested by the Council concerning these uses; that the language has been further modified, and he suggested that this matter be continued to May 3, and those changes referred to the Commission for a report at that time. He reported receipt of s letter from Rick Service. Mayor declared the hearing open; there were no appearances, and the hearing was closed. It was moved by Lyons, seconded by Kleindienst, and unanimously carried, Hodges absent, that this matter be continued to May 3, and the Planning Commission be requested to provide a report concerning the revised language. 3. ADULT ENTERTAINMENT ORDINANCES Recommendation: That the Council approve amendments to the Municipal Code and the Zoning Ordinance regarding adult-oriented businesses; and the extension of, and amendments (103-. to, the interim Otdinaorc 1505, adopted oil March 15, 1995, rclatcdl thereto. (Mayor 001:1 previously reported request by Councihnetnber Hodges that this matter be continued to allow her participation in the derision). Director of Planning(&Zoning recommended that the urgency ordinance extending the interim ordinance for 10 months and 15 days be adopted at this lime. Mayor declared the hearing open; there were no appearances on either the extension of the interim, nor on the final ordinance. City Cleric read title of Ordinance 1507, as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE INTERIM REGULATIONS OF ORDINANCE 1505 TO REGULATE THE ESTABLISHMENT OF ADULT ENTERTAINMENT USES DURING THE PENDENCY OF THIS ORDINANCE, AND DECLARING THE URGENCY THEREOF. It was moved by Relier-Spurgin,seconded by Lyons, and unanimously carried, Hodges absent, that further reading be waived, and that 01507 be adopted; and that the hearing oil the final ordinance be continued to h1my 3, 1995. Council Minutes 4-19-95, Page 3 PUBLIC COMMENTS: a) Comments concerning Item 4: Steve Grasha questioned who the provider, Community Capital, is and who will get (085- the $2 million, and why a consultant is needed to file an application. 005) b) Comments concerning the Airport Master Plan: Frank Coffey submitted a Video tape to be provided to Councilmeniber Hodges, which he staled he previously provided to each of the remaining Councilmembers and the Mayor(not provided for City Clerk); and read from a prepared statement, a copy (051- of which is on file with the City Clerk. 028) The following persons also spoke in opposition to the plan, offering comments and concerns regarding trust of staff, credibility of the plan and information provided, noise and impact of noise and vibrations of aircraft, property values, cost of the expansion, and impact on taxpayers; placing matter on the ballot, moving the airport to Thermal, effect of the Airport on tourism, and benefit of the Airport to down valley communities, and retain experts to evaluate the data: Chuck Hubbard, Bill Williams, Leesa Hubbard, Phil Nelisson n(?), Florence Coffey, Bob Mantes (?), Keith Willis, Rosa Marco, Darrell Meeks. Myra Goldwater urged that people disagree with being disagreeable, and the public respect the Council; and that the majority elects the Council, not just a few. Karen Aguilar, announced seminar by the P.S. Board of Realtors, and expressed opinion in favor of the Airport, stating that either the commumity goes along with growth land changes, or it will be left in the dust, and recognize that not everyone will be happy; and that controlled growth is best, and the Airport expansion is a part of that. c) Comments on matters not related to an agenda item: Paul Spickler cotmnented on billboards being erected along Vista Chino in Cathedral City, on Indian land, which will have a negative impact on adjoining homes, and urged that Palm Springs oppose such action, if it is proposed in the community. Joy Meredith stated that Sunfest '95 was good for the community, and brought people to downtown, and she urged other merchants to get involved, or be quiet. Fred Ebeling expressed opinion concerning obligation to all residents and taxpayers, and that neighborhoods are deteriorating, and people are asking for assessments to be lowered, not just because of the economy, but also because many are retired. Councilmember Lyons clarified his continent concerning televising of the Planning Commission hearing on the Airport Commission, which he slated was incorrectly repeated during a prior public continents portion of a Council meeting. Mayor also agreed (fiat there was no banning of the broadcast by the Council, and added that television resources are limited; that he was not aware the meeting was not televised, and he expected the citizens to come forward and advise the Council when they feel there is a deficiency; that the Council has met with the Commission and suggested it look at the policy about televising, and try to cover those with a high-profile public interest. He also commented on various public comments, and stated that three members of(he Council will lake a field trip to the Airport the Collowing Thursday, and that it has not held its hearing on the expansion, and will have a separate study session on the matter prior to a hearing. He also noted that the Airport is an enterprise fund, and not supported by the General Fund. LEGISLATIVE ITEMS: Council Minutes 4-19-95, Page 4 `1 SMALL BUSINESS LENDING & CREDIT FNHANCEMENT PROGRAM Recommendation: That the Council approve filing application to HUD for a $2 million Section 108 Loan, and a $300,000 Economic Development Initiative:grant; mid an agreement (085- with Community Capital Group, consultant for preparation of(lie application for $10,000, in 007) order to create a Small Business Lending & Credit Enhancement Program in Palm Springs, A357s1. Director of Economic Development reviewed details of his memorandum, noting that the program, per se, is not being approved as it will come back later for consideration; that a local board will review design of the progran, and of the loans, and a reserve fund will protect against any losses; that the loan is not a lien against, nor secured by the General Fund, and any payback of any deficit would come from the CDBG in future years. Councilmcnnber Lyons stated he fell it important to diversify the economic base and not totally rely on tourism[as the only revenue, and incentive programs are needed to bring in business. Councilmember Reller--.Spurgin questioned what would happen if the City did not receive CDBG funds, and added that she has a problem taking out a loan, and questioning how it will be repaid, and that she miderswod the importance of the matter, but, did not feel comfortable with it. She added that it may not affect the Genera Fund, but it does affect all CDBG programs that are doing good things in the community. Director of Economic Development stated that the only security and commitment is to repay any deficient out of the CDBG, and if that source is terminated, the City has no obligation; that he felt a 3-5% reserve fund can be built-in against any losses, adding that the program has not been designed, therefore the maximum loan amount has not yet been addressed; that a minimum amount may be desirable to make the cost of the loan processing reasonable. Mayor agreed with Councilmember Reller-SpurOn and stated that the City's track record recently regarding loans has been poor, e.g., the Marie Callander, arrd the Player's Guild, and , there is almost an inherent problem that arises out of an eagerness to encourage development, in that the risk is worth the potential reward; and he questioned if this will jeopardize future CDBG funds. Director of Economic, Development restated corrunenls regarding a local review board of bankers, who will be able to monitor the level of risk. City Manager stated that the; Director would start the process to see if the paper work can be done to secure a commitment for tine program, and then come back to the Council for approval to proceed. The Director stated that a reply should be known within a few months. Resolution 18587 as recommended, was presented; after which, it was moved by Kleindienst seconded by Lyons, and carried by the following vote, that R18587 be adopted: AYES: Kleindienst, Lyons, & Maryanov NO: Reller-Spurgin ABSENT: Hodges 5. VILLAGE GREEN - HEMINGER'S FUDGE & CH'OCOLATES Recommendation: That the Council approve a 10-year lease of 211 S. Palm Canyon, in the Village Green, with Henuagers Fudge & Chocolates Company, A3525. Downtown Development Director reviewed the memorandum of the Director of Economic Development, noting that the tenant will provide $18,000 in leasehold improvements; and (117- proposed to relocate its mail ordet business to Palm Springs; that the:term is for 10 years, with 020) living index adjustments; that the business will be an option upon mutual review, and cost of open during the summer; and rent is at market rate. Minutr Order 5555 as recommended, was presented; after which, it was moved by Rellcr- Spurgin seconded by Lyou.s, and unanimously carried, Hodges absent, that MO5555 be adopted. Council Minutes 4-19-95, Page 5 6. AIRPORT RUNWAY SAFETY AREA IMPROVEMENTS, PHASE 11 Recommendation: That the Council award contract for the second phase of the above prgiect• (051- Bids open April 18, materials and information to be provided at meeting. 010) This matter was not ready for action, and to be rescheduled April 26, 1995, 7. COUNTY ORDINANCE 670 RELATING TO ASSESSED VALUATION OF REPLACEMENT PROPERTY Recommendation: That the Council consider action to either support or oppose the County's extension of its Ordinance 670, relating to the above. Directo of Finance reviewed his memorandum, noting that the issue was based on a state-wide (123- initiative, and in place,in the County about 6 1/2 years ago; and that the benefit, which allows 001) property owners in any other county to sell their homes, buy new homes in Riverside County, and transfer the assessed value of the old home to the new home; and that the loss in local property tax revenue so far is about $375,000; annual future cost is about $50,000. Mayor stated that he understood that increased assessed valuation may discourage home buying, but did not agree with logic that it stopped a person from selling their home. Myra Goldwater stated that the value is not held to the original price, rather to the present assessment, which increases are held by law; and that the ability to transfer an old assessed valuation to a new home, encourages buying in the County. Minute Order 5556 opposing extension of the ordinance, was presented; after which, it was moved by Lyons, seconded by Reller-Spurgin, and unanimously carried, Hodges absent, that M05556 be adopted. ' 8. MUNICIPAL CODE AMENDMENT Consideration of ordinance amending the Municipal Code to promote local business enterprises. Mayor noted that this item was previously explained in study session: and no further report (103- was given. 001) City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY COUNCIL OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 3.12 OF THE MUNICIPAL CODE OF THE CITY OF PALM SPRINGS TO PROMOTE LOCAL BUSINESS ENTERPRISES. It was moved by Kleindienst, seconded by Reller-Spurgin, and unanimously carried, Hodges absent, that further reading be waived, and that the Ordinance be introduced for first reading. 9. TAHQUITZ CREEK, OLD COURSE Recommendation: That the Council approve agreement with John Tettemer&Associates, for $12,200, to prepare hydraulic analysis for erosion control stabilizers, and surface elevation of (092- the stabilizers, to stop the scour which devastates the course during rainstorms, A3526. 012) Director of Public Works highlighted his report, and responded to questions, stating that it is funded through a rain damage account, will be submitted for FEMA reimbursement; and that the work will minimize future street damage; that the new course withstood the damage; and that the water is not related to construction, rather from runoff from the southern canyons. Minute Order 5557 as recommended, was presented; after which, it was moved by Kleindienst, seconded by Lyons, and unanimously carried, Hodges absent, that M05557 be adopted. Council Minutes 4-19-95, Page 6 10. MUNICIPAL CODE AMENDMENT (Intro. 4-5-95) City Cleric read title of Ord 1508 regarding prevailing wage contracts for public works (103- projects; after which, it was moved by Kleindienst, seconded by Lyons, and unanimously 001) carried, Hodges absent, that further reading be waived, and that th¢: 01508 be adopted. it. BOARDS & COMMISSIONS - TERM LIMITS ' At the last meeting, the Mayor requested opportunity for the Council to discuss possible charges in the length of board/commission terms. Mayor stated that he favors terms limits, but feels the current provision is too restrictive; that (060- lie would like to see three year terms, which allows people to give time, and he favored having 010) the Council reappoint those who spend lime learning, and becoming familiar with the commission and its processes; that he would like to consider an amendmcnt that would allow three, 3-year term maximum, with reappointment being optional. Councilmember Kleindienst slated he favored three-year terms, which allows for reappointing quali tied people, and more quickly removing those who are less effective by giving the Council a chance each few years to review those; and that it is a disservice to give only one four year term. Councilmember Reller=Spurgin suggested that the full Council discuss the issue, since it has been discussed before. Mayor stated that (here was no problem with a delay, during which staff could prepare something for the Council to respond to relative to three, 3-year terms. 12. PARAMEDIC SERVICE On April 12, 1995, the Council continued discussion regarding paramedic service, and if desired, direction to staff. (087- hem to be rescheduled for May 3, 1995,a!prior request of Councilmember Hodges. 007.) 13. ADDITIONAL LEGISLATIVE ITEMS: (Satisfied agenda posting requirements; materials at meeting) - None CONSENT AGENDA: 14. Res 18588 approving intendment to the Allocated Positions&Compensation Plans fur 94-95, to adjust salary ranges for the positions of Equipment Maintenance Supervisor and for (061- Eacilities Maintenance Supervisor. 019) 15. See Item 22. 16. Res 18590 amending the budget to transfer$594,000 from Risk Management Liability reserve (061- Eund Balance, to cover incurred current year liability settlement projections. 016) 17. Res 18591 approving annendmenl to JPA which established the C.V. .Joint Powers Insurance (123- Authority, to separate it from CVAG's control, A2235. 013) 18. MO 5558 ratifying contract with W.L. Shellenbargcr, CP 95-03, for emergency flood damage (092- repair to Tahquitz Creek Resort Courses, fairways Nos. 1 and 2, for up to $15,000, A3527. 013) 19. Res 18592 granting a 12-month extension for final PD 79, a 12-lot single-family project (116- , located 500 feet east of Bogert Trail, north of Andreas Hills Drive, new expiration: 4-19-96. 075) 20. MO 5559 approving a 3-year agreement with Desert.Janitor Services, with ability to renew for (117- 2 additional 1-year terms, for services at City Hall, the Police Building, the Library Center, 005) the Pavilion, and Leisure Services, Tourism, City Yard, and the VdWTP, A3528. Council Minutes 4-19-95, Page 7 21. Res 18593 and 18594 approving Payroll Warrants and Claims & Demands. Abstain: Reller- Spurgin #897276; Lyons #897170. (086- 013) II was moved by Kleindienst, seconded by Reller-Spurgin, and unanimously carried, Hodges absent, that R t 8588,and 18590 through 18594;and Minute Orders 5558 and 5559 be adopted. ' 22. BUDGET AMENDMENT - RISK MANAGEMENT Recommendation: That the Council amend the budget to transfer $600,000 from Risk Management Workers Compensation Reserve Fund, to cover current fiscal year workers (061- compensation claims. 016) Rent Control Coordinator reported that the projected "loss run" for this fiscal year was $1.7 million, which are part of the reserve funds set aside each year; that past practice was to set line items at low levels - currently $250,000 - knowing that the history is $800,000, or$1.1 million for that; and that the reserve collects interest, which the line item budgeting would not do. Resolution 18589, as recommended, was presented; after which, it was moved by Kleindienst, seconded by Reller-Spurgin,and unanimously carried, Hodges absent, that R 18589 be adopted. ADDED STARTERS: None REPORTS & REQUESTS: 23. FRANCHISE REPORT: Received for Filing: Gas Company, $151,667.92 (089- 002) CITY COUNCIL reports or requests ' a) Councilmember Kleindienst reported on meetings lie attended during the prior two weeks. b) Councilmember Reller-Spu gin reported that CVAG committee looked at information for disaster preparedness for gated communities in Palm Valley Country Club, and that the Fire Department will be looking at something similar for Palm Springs. c) Mayor also reported on meetings he attended, receipt of letters of staff commendations, and commended the P.S. Partnership for Sunfest, and thanked Councilmember Klehrdienst for attending a recent "summit" meeting. PUBLIC reports or requests a) Fred Ebeling expressed appreciation for Congressman Bano's forum, and Mrs. Goldwater's comments regarding Item 7. STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned to Wednesday, April 26, 1995, at 7 p.m. JUDITH SUTvIICH City Cleric