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HomeMy WebLinkAbout1995 - MINUTES - 9/20/1995 CITY OF PALM SPRINGS CITY COUNCIL MINUTES SEPTEMBER 20, 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 Taliquitz Canyon Way, on Wednesday, September 20, 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, Kleindienst, 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 Sharma Segundo, Baha'i Faith. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on September 15, 1995. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED SIN 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. PRESENTATIONS: a) Certificate of Appreciation to Mr. &Mrs. Don Ruben, for donations for the Fire Department search dog, "Buatz"; and to John Thompson for kennel and training props for the dog. b) Greg Schafer, State of Calif. Healthy Cities, presented proclamation to the Mayor for the City's selection as one of two cities in the country to be selected to be profiled in a national event. APPROVAL OF MINUTES: It was moved by Kleindiensl, seconded by Hodges, and unanimously carried, that the Minutes of September 6, 1995, be approved. PUBLIC HEARINGS: 1. TPM 27939 - CS3F PARTNERSHIP Recommendation: That[lie Council approve a tentative parcel map 27939 to divide 41.58 acres into 15 industrial lots on the east side of Gene Autry Trail, south of the P.S. Classic project. Mayor reported that it was discovered just prior to the meeting, that Members Kleindienst and Hodges, and he have conflicts, and need to abstain on this matter. City Attorney (119- reported that the action may be approved by two of three votes. Based on a drawing by 001) ' lot, Councilmember Hodges was drawn as the third member for a quorum. Director of Planning & Building reviewed his report, and noted that changes to the conditions were worked through with the developer, and are detailed in the supplement to his memorandum. Mayor pro tern declared the hearing open. Jim Schlecht, attorney for the applicant, stated that the developer is in agreement with the Director's report. 0 ; ,134 Council Minutes 9-20-95, Page 2 1. TPM 27939 - CS3F PARTNERSHIP (Continued) There were no further appearances,•and the hearing was closed. Resolution 18698 as recommended, was presented; after which, it was moved by Reller- Spurgin, seconded by Lyons, and carried, Hodges, 1Kleindienst and Maryanov abstaining, ' that R18698 be adopted. 2. CUP 5.0646 - SUNRISE SQUARE APPEAL Consideration of appeal from Sunrise Square Partners regarding, Planning Commission action concerning the pharmacy, market and landscaping provisions of the shopping center expansion at the northwest corner of Sunrise and Vista Chino. Director of Planning & Building reported that all of the issues in the appeal, except the drug store, were resolved at the Commission meeting of September 13. He displayed plans showing the relationship of the drug store to the existing and proposed sites, and differences between architectural details requested by the developer, versus those suggested by the Planting Connnission. Mayor declared the hearing open. Bill Carver, appellant, stated that he has been before the Planting Commission numerous times in reworking the design for this building; that the architectural review committee approved it; that the loading area is on the west side, there is a 40-ft landscaping area between it and the new driveway; that he did not want it to appear to be an entrance, nor have people walk through the landscaped area. Mel Simrin, owner of the drugstore, stated that they need to start and complete the (078- remodel; that his concern is that the store appears as a full shore, and not the back 041) ' warehouse of the complex; that he supported the Planning Commission action, and the facade should match the shopping center and other building; that the existing south and east sides of the building are windows, and lie felt it important that the appearance remain; that he did not believe the south side will appear to be an entrance, and the entrance will be on the new main side. Darrell Meeks stated that the new market will not be a relocation of the Lucky store, rather it will be a "super saver" store; and that the Council should ask what is planted for the vacated Lucky building. There were no further appearances, and the hearing was closed. Director of Planning & Building responded to questions, noting; the differences in the architectural considerations,that the drug store was originally scheduled to be demolished, and a new drug store in the expanded area; that the new store will not be constructed at this time, and that the developer assumes responsibility for leasing the vacated store, and not the Lucky's Store, and the new market will be a "Price Saver". I-Ie explained how the landscaped area will be designed. Mr. Carver stated that as long as Best Pharmacy is there, there will not be another drug store; that he is in negotiation with two potential tenants for the Lucky site, and his financial interest is to get it rented. He expressed frustration at the numerous processes, and codes which developers are subject to, and that he would not recommend anyone redeveloping a property, adding that it is a costly and difficult process throughout the State. He stated drat if the appeal is denied, he does not, intend to proceed as recommended by the Planning Commission; and their desire is to cleanup the old buildings, facelift where needed, and tie them together architecturally with the new portion. Councilmember Reller-Spurgin stated that she felt it was common sense to not build something new, if one cannot fill the old buildings, and the community does not need more vacant stores. Council Minutes 9-20-95, Page 3 2. CUP 5.0646 - SUNRISE SQUARE APPEAL (Continued) Mayor stated that the City is not paying the rent, and whatever is driving the development belongs to the developer; that he agreed more empty stores are not needed, however, in this case, it is not a situation where a former tenant continues to pay the rent, while the store lease runs out; and that he would have a problem getting involved with that issue. Councilmember Hodges stated that the Council encouraged Mr. Carver to expand and update the center since 1993; that the trend is towards bigger and bigger markets, and that is a problem for smaller stores, in that they are no longer big enough to be grocery stores; that if the project does not proceed, the Lucky Store probably will close anyway, because it is small; that Mr. Carver will be responsible for leasing it, and he will want to do that as quickly as possible; that she did not have a problem with the way it is being presented in the plans, and she does not think the Planning Commission condition was needed; that [Ire structure will still tie into the new design, and site favored overruling the Commission. Resolution 18699 overruling Planning Commission was presented; after which, it was moved by Hodges, seconded by Lyons, and unanimously carried, that R18699 be adopted. INTERAGENCY REPORTS: a) Councilmember Lyons reported on the activity of the Airline Services Committee, noting new service from Reno via Air 21, commencing in November. b) Councilmember Kleindienst reported on the activity of the CVAG Transportation Commission, i.e., relating to the Mid-Valley Arterial. c) Mayor reported on the CVB annual luncheon, and its joining with the California Tourism Department, and four other cities' in a tourism consortium. PUBLIC COMMENTS: a) The following persons spoke on matters not related to an agenda item: Dick Sroda regarding the P.S. Road Race, and lack of guarantee by the promoter to pay its debt to the City; suggesting that in the future the Council require a performance bond. Chuck (?), Balboa Circle, regarding municipal wheeling of electricity, and his opinion that if the City does not take over the fundamental operation of Edison, there will be little saving. Steve Faraker, Cathedral City, regarding gaming, and suggestions about precluding City employees or commissioners from working for a casino for three years. He also requested information as to legal costs associated with the Ebeling/Frank case, and how much of it the Tribal Council has paid. Fred Ebeling regarding less government and more individual responsibility. Emile Duvernay, resident, spoke on behalf of Linda Cooper Lee, and asked that the Council investigate a staff response to her complaint, regarding the Rent Control Ordinance, and that it be referred to the Rent Review Commission, which is where he felt it should be addressed. Mayor requested the City ' Manager to follow-through, and report back to die Council. Darrell Meeks supported not re-opening Palm Canyon during Spring Break; and advised the Council of Chrysler' promotional event in connection with the Road Race, which will occur in the Palm Desert Town Center, and he felt the staff was not keeping the Council informed, or doing its job. Lissa Hubbard regarding gaining, stating that candidates owe a duty to tell the public where they stand on it; that the did not drink the repercussions are fully known; and that she disagreed with other positions which favor it. Council Minutes 9-20-95, Page 4 George Margolis regarding the Airport expansion, stating that expanded runway will open the way for freight, which lie did not support, and which ire felt would create safety hazards. James Rice, Viminal Road, supported the City's efforts concerning electricity, which lie considered very viable, and for which he was willing to pay an added $20 per month in taxes. He also commented concerting trees along Batiste, ' which interfere with the buses, and which result in children being dropped off away from the bus stop. b) Comments regarding Item 4: Chuck Hubbard, commented regarding Spring Break activities, and leaving the street open. Charles Price, Acacia Road, favored returning to a youthroriented Spring Break; (050- and considered the past "events" embarrassing; and than he fell behavior could 007) be controlled, without "gestapo' tactics. Leslie Howard Gathers supported opening the street to vehicular traffic, and applauded Mr. Lyons for his work concerting electricity. James Callahan, resident, stated that 68% of the merchants want to leave Palm Canyon Drive open, and he represents 55 business owners, and 100% of the adult night clubs, and other businesses, which depend on traffic all year; and that the issue is about adult tourism, and not "spring break." Eric Langman also supported reopening the street, and. feels the message of a family orientation has been made; and that a one-day closing for the car show would be acceptable. c) Comments regarding Item 11: Chuck Coler, Ramon Road, concerning Item a), stated that the proposed (103-- ordinance only permits one mistake by the animal, and the only appeal is through 045) the agency that has made the determination of"dangerous". He stated Ire: favored the State model code, which also addresses the 'one bile," but provides a clear and meaningful appeal process through a third party. LEGISLATIVE ACTION: 3. VISTA CHINO/FEMA - CATHEDRAL CITY REQUEST Consideration of request of Cathedral City to fund a portion of the cost to elevate and construct the Vista Chino Road crossing at the east levee of the Whitewater River to (136 - eliminate a potential flood water breakout at the location, and to obtain conceptual 040,) approval of the project; budget amendment of$100,000 from local Measure A funds. City Manager reported that this matter was to be withdrawn and rescheduled. 4. 1996 SPRING BREAK Recommendation: That the Council discuss options of either keeping Palm Canyon Drive ' open to vehicular traffic, or closing it during weekends of March 23/24, March 29/30, and April 6/7, 1996. (050-- 007,) City Manager reported that the Police Department has reviewed the plans, and believes the street could remain open, and an evaluation made for future years; and that the Department does not anticipate added overtime; that regarding the car show, Mr. Marik feels there are very few places where such shows can occur, and is concerned that if it is off-site, there will not be as much interest in it, nor is there any other street where it could occur. Council Minutes 9-20-95, Page 5 4. 1996 SPRING BREAK (Continued) Mayor questioned who would pay for the closing of the street, if it is only to benefit one purpose. ' City Manager stated that if the desire is to leave the street open, all of the issues will be looked at for alternatives, and if not found, it will come back to the Council. Mayor stated he would also like input from the community; and assurance that if need be, the Police Department would be empowered to close the street Councilmetnber Kleindienst stated that he appreciated the changes in the activity during that timeframe, and felt it is time to reopen the street; and he favored opening it, reviewing the affect, and if needed, closure could be reconsidered. Councilmember Lyons stated that hoteliers wanted the street closed because the youth were not staying in Palm Springs, only driving in from other areas. (050- 007) Councilmember Hodges stated she was still very concerned, and the people who were on the street before were not fun, loving youth, rather they were gangs and it was very unpleasant and unsafe for the residents and the police; that she was afraid to reopen the street, but would not be opposed to doing so on one weekend to try it and see what happens. She did not feel there would be enough preparation if it is to suddenly be closed, as it will force people into the residential areas, as occurred in the past; and she did not feel the whole picture was being seen, nor a remembrance of the past. Mayor stated that he shared the concerns, however, the activity seems to surge and decline, nd he was willing to open the street the first weekend, and if it remains calm, the street can remain open, otherwise the police department can take corrective action, without coming back to the Council. City Manager stated that it is within the police department purview to take corrective action. Councilmetnber Hodges stated she felt it would be too late by that time. It was moved by Lyons, seconded by Reller-Spurgin, and carried by the following vote, that Palm Canyon Drive and Indian Canyon Drive remain open during the 1996 Spring Break: AYES: Kleindienst, Lyons, Reller-Spurgin, & Maryanov NOES: Hodges ABSENT: None 5. ALLOCATED POSITIONS & COMPENSATION PLAN AMENDMENT - ARTS ADMINISTRATOR Recommendation: That the Council approve amendment to the allocated positions and compensation plans to increase the Arts Administrator position from one-half to full-time, (061- and amend the budget to appropriate $17,506 from the Public Arts Fund to cover the 020) remainder of the fiscal year. City Manager recommended this matter be rescheduled, pending further discussion with ' the Commission. So ordered. ,7 Council Minutes 9-20-95, Page 6 6. DESERT MUSEUM SCULPTURE LOAN Recommendation: That the Council approve agreement with Desert Fashion Plaza for lease of a sculpture from the museum, for $20,000, to be placed in the Desert Fashion Plaza Sculpture Garden on Museum Drive, A3583. City Manager reported that lie reviewed this matter, since it was last oil the agenda, and (117- ' is satisfied, noting that the sculpture will be provided in the Desert Fashion Plaza garden. 037) In response to question by Council, he stated that the Museum is undergoing an expansion program, which involves permits and plan approvals from the City; that the Museum wished to reduce its costs, and the Public Arts Commission developed a plan whereby the Commission leases the work from the Museum, which in turn has revenue to pay the permit fees. He stated that the TUMF fee is also waived. Minute Order 5635 as recommended, was presented; after w'Itich, it was moved by Kleindiensl, seconded by Lyons, and unanimously carried, that P 05635 be adopted. 7. CVAG SOLID WASTE TRANSFER STATION/MATERIALS RECOVERY FACILITY (MRF) - MOU Recommendation: That the Council approve an MOU to ensure: the City's continuation in the above process, including participating in the Steering Committee; fluids for the (123- CEQA consultant are available in the Recycling Program Fund, and will be reimbursed 011) to the cities by the builder of the facility, A_. 8. CVAG SOLID WASTE TRANSFER STATION/MATERIALS RECOVERY FACILITY (MRF) - TWO STATION SCENARIO Recommendation: That the Council evaluate three potential sites for a CVAG solid waste (123- facility in the context of an MOU with CVAG, which sets the terms for the City's 011) ' continued involvement in the regional effort. Note: Items 7 and 8 were presented together. City Manager recommended that neither item be approved, as presented; that the MOU for Item 7 has a number of problems which the City Attorney is reviewing; that following the last study session, lie recommended that the CVAG Executive Committee representation, Councilmember Hodges, be directed to recommend the alternate Bedminster proposal to the Executive Committee, for its consideration. He slated that Ire felt CVAG should understand that it is not a unilateral turn down, but a request to consider alternative before Palm Springs must decide whether it its to agree to a program. It was moved by Lyons, seconded by Reller-Spurgin, and unanimously carried, that Ms. Hodges be directed to request CVAG consideration of the Bedminster proposal, and until such time, Items 7 and 8 be tabled. 9. ALLOCATED POSITIONS & COMPENSATION PLAN - ACCOUNT CLERK Recommendation: That the Council amend the Allocated Positions &Compensation Plan (061-• to add an Account Clerk II to Administrative Services/Finance Division, G15 $1.932/mo. 061-- City Manager reported that this matter was to be withdrawn and rescheduled. 10. DISCUSSION REGARDING 1995-96 BUDGET ' Discussion and direction, if any. City Manager reviewed in detail the memorandum of the Director of Finance, noting a (061•- total increase revenue projection of $520,000, and summary of current construction 017) projects and related revenue, a copy of which is on file with the City Clerk. Council Minutes 9-20-95, Page 7 10. DISCUSSION REGARDING 1995-96 BUDGET (Continued) Councilmember Reller-Spurgin stated that she was very disappointed, and did not want anticipated numbers, rather real figures; that she had asked for $500,000, and Councilmember Lyons suggested$750,000, without including Fire consolidation, yet the ' report reflects those numbers; that site has had discussions with people who want to be annexed to Palm Springs from Bella Monte and from Pare Andreas, which is potential property tax income, and a staff person should be working on it; that Mr. Service of Las Casuelas Terraza has been trying to expand his restaurant, and is still waiting for an OPA which is supposed to be on the City Attorney's desk; that she and Councilmember Lyons were to look at the legal services to see what might occur to reduce those costs. Councilmember Lyons stated that they have been pursuing that, and feel they can identify a $200,000 saving in legal fees, and would like for the Council to discuss it in a future (061- session, the possibilities of in-house, reduced service, or other options. 017) Councilmember Reller-Spurgin staled drat regarding the taxi issue, if it could be franchised, there would be more money for the City; that several hundreds of thousands of dollars have been suggested, and the City Manager's report is not sufficient. She stated that the budget must be reduced, not just by cutting, but by also developing real revenue sources; that there are business decisions to be made; and those decisions have nothing to do with personal feelings. City Manager stated that if the desire is to change specifics of how the City does business, it should be scheduled as an agenda item. Mayor suggested it be scheduled for an adjourned meeting on September 27. Councilmember Hodges stated that she would like to have some additional information as to what the subcommittee discovered, and why its recommendations should be considered. Mayor stated that some of the figures in the staff report are "soft," and he agreed that the City needs to move ahead quickly with annexation. Item to be scheduled for adjourned meeting. 11. ORDINANCES FOR SECOND READING & ADOPTION (Intro. 9-6-95, effective 30 days after adoption) Ord_amending the Municipal Code re dangerous and vicious animals. City Attorney stated that the police department made several changes to the State Model Code, and felt that a one-time incident of such character could show that an animal had a disposition that was dangerous; that the Animal Control Officer is supervised by a captain, and the ultimate appeal is to the Chief; that regarding vicious animals, any appeal must be to the City Manager; and that if there are no further incidents after a five year period, the animal is freed of the dangerous designation. He stated that the Council could also hear the appeal, if it desired, however, the ordinance would need to be revised. Councilmember Lyons stated that the State Model Code provides that a "judge" would (103- hear an appeal, and questioned what that meant. 045) ' City Attorney stated that it is an independent hearing officer; that the Police Department felt the Chief and City Manager were adequate; however, an outside person, e.g., a retired judge, could be hired; that the Council could determine to elect to hear an appeal, but not make it mandatory that it do so; that a dangerous designation does not require destruction of the animal; and that there is no restraint during the appeal process. It was the consensus of the Council, that the City Attorney revise the ordinance, to allow the Council to hear appeals, on its own discretion. Council Minutes 9-20-95, Page 8 11. ORDINANCES FOR SECOND READING & ADOPTION (Continued) City Clerk read title of the following: Ord 1518 amending the Municipal Code re utility lines and existing development. (103- 045) and Ord t519 amending the Municipal Code re increasing room tax. (140- , after which, it was moved by Lyons, seconded by Kleindienst, and unanimously carried, 002) that further reading be waived, and Ordinances 1518 and 1519 be adopted. t2. ADDITIONAL LEGISLATIVE ITEMS: None CONSENT AGENDA: 13. See Item 22. 14. Res 18704 allowing withdrawal of bid by Great Contractors; and directing staff to (099- negotiate with Bopark Enterprises, with return to the Council for final approval, 001) concerning awarding bid for construction of the library censer renovation project, including acceptance of assignment of carpeting and shelving contracts previously awarded by the Council. Total project funded through [lie Library Trust Fund and Friends of the Library. 15. Res 18700 declaring intent to vacate right-of-way designated as Lot B of subdivision (145- entitled, "Suntan Estates," Lot B, PM 7535, said lots abut the cul-de-sac portion of 001) Suntan Lane, Section 23; sets hearing for October 18, 1995, at 'i' p.m. 16. MO 5637 approving a decrease change order to contract with American Asphalt Repair (136- & Resurfacing Co., Inc., for CP94-11, annual slurry seal project, of$9,213.80, A3453. 050) ' 17. MO 5638 approving agreement with Sanborn A/E for engineering plan check services, (112- to reflect new company name (formerly Sanborn-Webb, Inc., A3277), A3584. 004) 18. MO 5639 approving subrecipient agreement for$40,000 for F/Y 95-96 CDBG Funds, for (085- Desert Aids Project for in-home care services, A3585. 011) (085- 19. MO 5640 approving subrecipient agreement for$19,000 for F/Y'95-96 CDBG Funds, for 011) Mizell Senior Center, for meals on wheels, A3586. 20. Res 1870t and 18702 approving Payroll Warrants and Claims&Demands; Reller-Spurgin (086- abstaining on No. 903079. 014) 21. Res 18703 approving a 24-month retroactive time extension, July 3, 1994 - July 2, 1996, (116- for PD 213, to keep the planned development active, and co-terminus with the tract map 081) for the project, TTM 26578, which also expires on that date. It was moved by Reller-Spurgin, seconded by Kleindienst, and unanimously carried to adopt Minute Orders 5637 through 5640, and Resolutions 18700 through 18704. 22. VEHICLE PURCHASE Recommendation: That the Council award bid to furnish a new 4-WD tractor, for a net cost of$25,748.79, ' for use in scarifying percolation ponds at the Wastewater Treatment Plant. Councilmember Kleindienst noted the alternate energy fuel vehicle MOU with CVAG, and (084- asked that future notices inviting bids include clean burning vehicle options. 012) Minute Order 5641 as recommended, was presented; after which, it was moved by Kleindienst, seconded by Lyons, and unanimously carried, that MO5641 be adopted. ti �fi i 1� M✓� y Council Minutes 9-20-95, Page 9 ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests ' a) Councilmember Reller-Spurgin requested that the matter concerning endorsement by Boards and Commissions of local election issues be on the next adjourned meeting, adding that site did not make any statement at the time it was discussed, and feels that when people are asked to serve on a Commission, the Council wants them to get involved, but to say that it does not care what they have to say, is to send a mixed message. PUBLIC reports or requests a) Darrell Meeks requested a quarterly, or semi-annual, report of Council expenses and reimbursements. b) Chuck Hubbard, resident, commented regarding room tax to front electrical study, the airport issue, request for information from the Police Chief at the last study session, Council's policy on public comments, and investigation of Desert Hospital. c) Steve Faraker, Cathedral City resident, restated his earlier question. City Manager noted the request. d) Fred Ebeling questioned how much has been spent in legal costs for determining FPPC response to Councilmember Kleindienst's query of conflict of interest. e) Mayor stated that the City does not have a credit card, that he has had no expenses in the past year; that he has only taken a couple of trips, i.e., one to Washington, D.C. regarding the FAA threat of millions of dollars to the City; that his entertainment expenses have been out of his own pocket. He also stated that conflicts of interest are not unusual, and in most cases are clear, but in other cases, it is necessary to obtain FPPC opinions, i.e., when a charge is made by the public, it is critical that it be clarified; and that regarding the Tribal Council's payment concerning gaming litigation, a response will be available at the next meeting. STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned to September 27, 1995, at 7 p.m., in the Large Conference Room. JUDITH SUMICH City Clerk