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HomeMy WebLinkAbout1995 - MINUTES - 1/4/1995 r)�j�� a CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 4, 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 Chambers, 3200 Tahquitz Canyon Way,on Wednesday,January 4, 1995, at 6:00 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, at 7:00 p.m., the meeting was convened in open session. ' Roll Call: Present: Councilmembers Hodges,Kleindiensi,Lyons,Roller-Spurgin, and Mayor Maryanov Absent: None The meeting was opened with the Salute to the Flag, and invocation by Rev. Jeff Rollins, First Baptist Church. PRESENTATION: From Aircraft Owners & Pilots Assoc. Expo 94 to Jerri Riddle, Assistant Director of Aviation. REPORT OF POSTING OF AGENDA: Assistant City Clerk reported that the agenda was posted in accordance with Council procedures on December 29, 1994, REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 4 of agenda this date. HOUSING AUTHORITY:INDUSTRIALDEVELOPMENT AUTHORITY:FINANCING 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 at the City Council. APPROVAL OF MINUTES: It was moved by Kleindiensi,seconded by Reller-Spurgin, and unanimously ' carried that the Minutes of December 7 & 14, 1994, be approved. PUBLIC HEARINGS: None INTERAGENCY REPORTS: Councilmember Lyons described the Palm Springs proposal to become an aggregate buyer when deregulation of electricity takes place, the resulting savings, and stated that other Cities are interested in joining the proposal. PUBLIC COMMENTS: a) Comments concerning item 1: Dick Sorda, stated that the materials related to this matter are confusing; that the agreement has been in effect for 17 years and questioned the reason for amendment at (103- this time; that the wording of the action, in his opinion,was to circumvent the democratic 031 process; that the palm trees in the City need to be trimmed; that tourism is the basis of the economy and suggested that the$150,000 given to the Film Festival would be better spent in trimming the trees. Don Frank, stated that he concurred with Mr. Sorda concerning the matter on item l; that it is not right to try to go around the legal system; that concerning item 3, it seems that items submitted for the public record, are not retrievable; and read a prepared letter, as on file in the office of the City Clerk; that the Council needs to stop plagiarizing his ideas for the monorail; that the people consistently get "sh m ned" for ideas they bring ' to the Council; and that the Council should not go against the people of the City. Fred Ebeling, stated that people like Dick Sorda and Don Frank need to be thanked for their comments; that the Council should encourage people to come forward and express ideas; that he has ideas to help with the budget; that the various matters brought to the attention of the Council by previous speakers should be denied by the Council; and that the people of the City are the ones paying the bills and should be kept informed. Mayor stated that he personally hears from clot of citizens in the Community; that the vast majority that he hears from is satisfied with the progress and action of the Council; that the Council is responsive to the Community; and the people who do speak during the public comments are speaking for themselves, not the citizens at large. City Manager reported on various ,street closures due to flooding. r;�)() Council Minutes 1-4-95, Page 2 LEGISLATIVE ACTION: 1. TRIBAL COUNCIL/CITY COUNCIL LAND USE AGREEMENT SUPPLEMENT 3 Recormnendation: That the Council approve Supplement 3 to agreement with the Tribal Council, to exclude certain lots in Section 14 from the terms of the Land Use Agreement, entered in 1977. City Manager reviewed the staff report, and added that Tom Davis, representing the Agun ' Caliente's was present to answer any questions. Mayor stated that his understanding is that the original agreement was approved in the late 1970's; that before the agreement was in place, if something happened on Indian Land, City services were not provided; that the Federal Government ruled that a City could not withhold services; that when (103- Indian Land is involved, and the Council makes a decision, the decision can be appealed to the 031) Tribal Council,and the decision would overrule any Council decision;; that at any time, the Indians can cancel the agreement with a 30-day notice; and that the options for dealing with the land use agreement is limited; that previous public comment is rhetoric, and not factual; and that every indication from the Tribe is that they want to work with the City; that.the City has not passed any gaming laws; that in his opinion, gaming should be done away with;, that the Council must wort- with the Tribe in the gaming issue; that three Courts have looked at the issue; that it is a right of the Indians; and that by working together a way will be found to benefit all the citizens of Palm Springs. Councilmember Lyons stated that he concurred with the Mayor; that the relationship with the Tribe is good; that a number of agreements have been negotiated with the Tribe, and have been accomplished in good faith. City Manager stated that staff concurred. Tom Davis, Tribal Consultant,stated that he does have a good working relationship with the City staff; that the historical accounting by the Mayor is correct; and that the Indians are the , Regulatory Authority on Indians Land. Resolution 18538 approving amendment was presented; after which, it was moved by Kleindienst, seconded by Reller-Spurgin, and unanimously carried, that R18538 be adopted. 2. GOLF COURSE - LEASE/MANAGEMENT CONTRACTS On December 28, 1994, the Council authorized contracts/lease with Arnold Palmer Golf Management Company, subject to certain refinements and ratification by the Council. City Manager reported that changed pages were sent to the Council on December 30, and rea (092- lined copies of the two documents were distributed, as a result of changes prepared during the 012' meeting this date. He reviewed the red-lined changes, page-by-page, noting that the term overall is the same number of years, but at the request of the Palmer accountants, has been revised to two (092_ years, with consecutive 18 year and 10 year options, and that they will be spending $200,000 in 013) improvements in the first two years. Discussion followed, in which Mr. Huncher concurred, that language be refined concerning the right of first offer, that it does not compel that the City sell the course if it does not like the offer, and does not have another offer. Assistant City Attorney noted other sections concerning the "competing offer" which would also need to be changed. City Manager reviewed all detailed changes in the red-line copies, and responded to questions for clarification, also noting that both documents contain cross-operation licensing in event of cancellation of one or the other agreement. Councilmember Hodges stated that she would vote against the contrasts, which is not a reflection ' on Arnold Palmer or the management group, rather that she did not support tying up the golf course for 30 years; that there is a lack of concern on the part of staff for the entire Council to be involved; that site has never seen anything like this process has been, to this magnitude,where she and Councilmember Reller-Spurgm have been left out, with the; exception of getting papers at the last minute; and that even what was submitted last week, has been changed again in this meeting, and she could not go along with such a process. City Manager stated that he would F.ot want to go through this process again; that 60 days we.e lost in the RFP process, and he was sorry about pushing the issue, and appreciated the understanding of the Council, and assured it that it would not happen again. Councilmember Hodges stated that this project has been in the works for five years; and to have to rush in the last 28 days, staff or someone is remiss no not allow the Council and public to be Council Minutes 1-4-95, Page 3 2. GOLF COURSE - LEASE/MANAGMENT CONTRACTS (Cont'd) involved. Mayor stated that he reviewed the materials with the City Manager, gave his input as to what he considered negotiable,and non-negotiable;and that delays meant money-and money was needed ' to repay the golf course bond debt. Councilmember Kleindienst and Lyons commended the staff, the management company, and others for their hard work and commitment to developing the final documents. It was moved by Lyons, seconded by Reller-Spurgin, and carried by the following vote, that Agreements 3468 and 3469, lease and management contract, respectively, be approved, subject to City Attorney and City Manager refinement of language concerning right of first offer, and other legal language: AYES: Kleindienst, Lyons, Reller-Spurgin, & Maryanov NO: Hodges ABSENT: None 3. MULTI-MODAL TRANSPORTATION ACCESS PLAN - STUDY Recommendation: That the Council approve agreement with DKS Associates for the Multi-Modal Transportation Access Plan, for $150,000 (pursuant grant agreement with CVAG 9-7-94 A3420 (143- 80% funded), A34'70. 003) Director of Aviation reviewed the staff report and added that the study will include study of the Airport entrance; that this is the first step to a master plan; that the proposal is a baseline study; and that without the study Federal fimds will not be forthcoming. City Manager stated that this is a preliminary study and that it is required. Councilmember Kleindienst questioned the availability of ISETA funds; and if the Funds have been used before. Director of Aviation stated that ISETA funds are available this year; and that new funding is available from the Highway Funds; that the finding has been used before, but that all funding will be based on the actions of the new Congress. City Manager stated that Public Works has used the fimds before; and that another trip is planned to work with Representatives in the Federal Government. Mayor questioned wording of the document. City Attorney slated that the letter referred to by Mr. Frank has not been reviewed; that the letter references a MOU between Desert Rail Authority and the City; that he, has not reviewed the MOU; but that City agreements usually contain a provision that allows for cancellation with 30 day notice. City Manager stated that the agreement was vacated by the Council. City Attorney stated that the proposal before the Council is for a basic type of study; that there is nothing in the proposal that indicates plagiarism for trade secrets. Councilmember Lyons stated that the idea of a monorail is not a unique idea. Mayor stated that when the MOU was vacated, it was found that the DRA Monorail was not economically feasible. Councilmember Roller-Spurgin stated that in addition the Desert Rail Authority stated it has no experience with a monorail. ' Councilmember Hodges stated that while in Washington D.C. that the opportunity to speak to key people does arise; that the City should take advantage of any Federal monies available; and that anytime the City can tap into offered services, it should. Minnie Order 5488 approving agreement was presented; after which, it was moved by Reller- Spurgin, seconded by Lyons, and unanimously carried that MO5488 be adopted. Council Minutes 1-4-95, Page 4 LEGISLATIVE ACTION: 4. CORPORATION YARD RENTAL AGREEMENT Recommendation: That the Council approve agreement with the Airport for land on which the Corporation Yard is situated, and approve the transfer of the 9.39 acre Vista Chino Retention (117- basin property to the Airport. A3471. 008) 1 Director of Aviation reviewed the staff report and responded to questions by the Council in that this process started five years ago when the FAA performed an audit; that the property does need to be kept separate; the agreement will allow the FAA and DOT to comply with its rules; that if the FAA and DOT are not satisfied, future grant funding of the airport could be affected; that the rent is at fair market value; that the City will pay the Airport rental payments; that the FAA stands by the decision that funds are due and owing to the Airport from the City. Mayor questioned if the City gives 10 acres to the Airport and then the City leases 10,acres, why the rent could not be offset; that the airport does need the 10 acres fir clear space; that the City has held that land for the Airport; and questioned why the City would not be owed backrent for the clear space acreage. Director of Aviation stated that the clear space is being maintained for the future. City Manager stated that the 10 acres of clear space is partially held by Riverside County Flood Control District; and that at this point the City is somewhat stretching to comply with the FAA and DOT requirements. Councilmember Reller-Spurgin stated that this has been in the works for several years to try to solve the problem with the FAA and DOT; that perhaps the Corporation Yard could be utilized at a central street maintenance yard for the Valley. Resolution 18539 as reconunended was presented; after which, it was moved by Kleindienst, seconded by Reller-Spurgin, and unanimously carried that R18539 was adopted. 5. PALM TREE TRIMMING On December 7, 1994, the Council continued consideration of approving a change order to a purchase order contract with Chris Tree Service to perform additional palm tree trimming, for a (136- total revised amount of$34,267.50, pending Planning Commission review of existing trimming 032) policy, and additional information related thereto. Director of Parks, Recreation and Golf reviewed the staff report. Mayor stated that there seems to be a 50150 split concerning palm trees; that some citizens want the trees trimmed, while others like the natural look. Councilmember Hodges stated that the trees should be trimmed; that not only would they look better, but that there would be a reduction in liability. Councilmember Lyons stated that the natural look adds slot to the character of downtown;and that if the trees are changed the streetscape would likewise change. Councilmember Reller-Spurgin stated that the trees look best the way they are. Mayor stated that everyone agrees that the trees do need to be cleaned up, and called for the question. Minute Order 5489 approving Change Order as recommended (No change in policy) was ' presented; after which, it was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that M05489 be adopted. 6. COUNCIL RULES OF PROCEDURE - AMENDMENT Consideration of amendment to the Council Rules of Procedure concerning requests by councihnembers to place matters on a meeting agenda. (I.14- 002) City Manager reviewed the staff report. Councilmember Kleindienst stated that there are times when one would not know that they have a conflict until the matter is on the agenda, and the potential is exposed. 0 Council Minutes 1-4-95, Page 5 6. COUNCIL RULES OF PROCEDURE - AMENDMENT(Cont'd) Councilmember Reller-Spurgin concurred with Councilmember Kleindienst, and added if the conflict is suspected, someone else could ask that the matter be placed an: the agenda. ' Councilmember Hodges stated that a conflict can happen to anyone; that if a matter is important, and someone who has a conflict requests the matter be placed on the agenda, someone else has the right to bring it forward. Mayor requested clarification from the City Clerk. City Clerk stated that the proposed rules provides that a person may bring a matter forward, and in some cases, it may be the City Manager, a Councilmember, or the applicant appellant. Res 18540 amending rules was presented; after which, it was moved by Realer-Spurgin, seconded by Lyons, and unanimously carried, that R18540 be adopted. 7. ORDINANCES FOR SECOND READING & ADOPTION (Intro. 12-21-94) Assistant City Clerk read title of Ordinance 1499 abolishing the Economic Development Commission; after which, it was moved by Kleindienst, seconded by Lyons and carried by the (060- following vote, that further reading be waived, and that 01499 be adopted. 007) AYES: Members Kleindienst, Lyons, Reller-Spurgin and Maryanov NOES: Member Hodges ABSENT: None Assistant City Clerk read title of Ordinance 1500 amending the Zoning Text(auto service stations, mini-marts, etc) after which; it was moved by Kleindienst, seconded by Lyons, and unanimously (103- carried that 01500 be adopted. 039) ' 8. ALLOCATED POSITIONS & COMPENSATION PLAN AMENDMENT- GOLF COURSE Reconmiendation: That the Council amend the above plan for 94-95 to reduce staff levels to conform to the privatizing of the Parks and Golf Course division. City Manager reviewed staff report, no further report was given. Councilmember Hodges questioned the salary level of the position and the type of work that the position would be fulfilling; and questioned whether the position should be in the category of PS rather than MX. (061- 019) Director of Public Works stated that the position would be overseeing three different contracts; supervising employees; responsible for financial data; preparing the budget; submitting recommendations to the City Council for consideration; and that this would be a high level of management. City Manager stated that the position includes "Manager", and is consistent with the classification plan; and that the skill level exceeds the technical level, and meets the criteria established for the management level. Councilmember Reller-Spurgin stated that the City Manager's job is to establish the job related titles. Resolution 18541 approving Amendment was presented; after which, it was moved by Reller- Spurgin, seconded by Lyons, and carried by the following vote that R18541 be adopted. AYES: Kleindienst, Lyons, Reller-Spurgin and Maryanov NOES: Hodges ABSENT: None Council Minutes 71-4-95, Page 6 9. ALLOCATED POSITIONS .8r COMPENSATION PLAN AMENDMENT - AIRPORT MAINTENANCE Recommendation: That the Council amend the above plan for 94-9.5 to provide a restructuring of the Airport Maintenance staffing levels. Director of Aviation reviewed his memorandum, staling that when necessary, temporaries were hired, and the proposed changes will eliminate that need; that maintenance work will be done, (061- regardless of whether it is custodial, planting Flowers, or making repairs, achieved through cross 019, training and utilization; that it absorbs a highly skilled person from the parks crews, anticipate future savings through retirements (expected in 2-3 years), and will cost about$12,000 more per year. Res 18542 as recommended, was presented; after which, it was moved by Hodges, seconded by Lyons, and unanimously carried, that R18542 be adopted. ADDITIONAL LEGISLATIVE ITEMS: (Satisfied agenda posting requirements) A10. MID VALLEY PARKWAY Councilmember Hodges stated that CVAG will hold a meeting on this issue on January 9, and she wanted to be certain that she had the Council's ideas as to what should be approved; that the (123- issues evolve around certifying the final EIR for the parkway; adopting its alignment study report, 020) and the alignment for CVAG projects; and recommendation that the jurisdictions amend their general plans, if necessary. City Manager stated that the linkage to the Airport was important, and it is not yet a part of the proposed plan. Mayor agreed it was a concern when it was last discussed, along with the traffic emptying onto Mesquite and the ability to travel west into the DeMuth Park area. Transportation/Grant Manager stated that the Director of Aviation is working to get a CVAG grant ' which is in addition to this aspect, but is compatible; that the Vella linkage is ready to be identified as an express route, but studies are underway; that island configuration, and traffic restrictions are being looked at which would not make it conducive for traffic to proceed west of Mesquite and Vella; that this corridor is projected at 12,000-15,000 more vehicles daily; that the "fature corridor" alignment is a "transit corridor alternate" is not necessarily a roadway; that the MVP is projected to meet needs through 2010, and other studies would be needed in terms of "transit corridor" uses; that the primary cost associated with the MVP is the construction of bridges; that the Tribal Council has been included, and has had a representative attending most of the meetings, and the representative has supported the MVP, and sees the opportunity to open undeveloped Indian lands; and that presentations were made to the Indian Planning Commission, and to the Tribal Council. Councilmember Kleindienst stated that the proposal is to satisfy surface vehicle traffic concerns for the next sixteen years, after which, there will be a saturation of the roads, unless additional roads are built or means are found to get vehicles off the roads; and he questioned how much CVAG money is needed in sixteen years to implement the next mode:, as well as when the multi- modal study results are expected to be implemented. Director of Aviation stated that the first phase of the study results should be in the next five years; that he was uncertain whether CVAG funding was possible for that in any event; that other aspects could be fifteen or more years; that he did not expect those results to produce east-west transit modes; that the Council adopted a resolution concerning the regional significance of the Airport arterial, and he understood the CVAG staff will recommend against that at the next TAC meeting, ' as they do not believe it meets the definition of a regional arterial; that there was sorne confusi6n whether they thought it could go up Vella or Gene Autry; and that Gene Autry was included in the EIR. Mayor stated that a "parkway" is a misnomer in this sense, and he would support the project with the concern about the Airport linkage, and the diversion of traffic away from Mesquite Avenue. Councilmember Kleindienst stated he supports the concept of a MVP, and has concerns that the traffic will dump to the Gene Autry/Ramon intersection, which is the has the highest traffic count in the Valley, and questioned what will persuade motorists from going west of Vella Road. Transportation/Grant Manager reiterated his comments about traffic diversion and restriction improvements. 'k)(17 Council Minutes 1-4-95, Page 7 A10. MID-VALLEY PARKWAY (Cont'd) City Manager stated he fell most traffic would proceed from the MVP to the Airport; and the CVAG staff recommendation would be adverse to that. Councilmember Hodges stated that these are points which must be brought out; that plans must ' be made, otherwise there will be nothing but problems in ten years; that a lot of money has been spent for consultant, and this is the est route they came up with, and she realized that there must be a resolution as to how it ties into the Airport and how it can be more viable for the community, and not intrusive through the residential area. Councilmember Reller-Spurgin stated that the Airport is a city asset, and it must be protected. Councilmember Lyons stated that the Airport should be looked at as a valley asset; that the Council must look ahead; that he agreed with Councilmember Kleindienst; and that there must be some mitigation to handling the traffic dumping into the Gene Autry and Ramon intersection. Director of Aviation stated that the CVAG EIR did not include the Airport piece. Transportation Manager stated there may be discussion about it on January 9, but it is not related to the actions directly as part of that agenda. Councilmember Hodges stated she felt she had an understanding of the Council's concerns and issues to be represented at the meeting. CONSENT AGENDA: it. MO 5490 approving subrecipient agreement with the County Housing Authority for new fixtures (085- to Nightingale Manor Emergency Shelter, for $32,000 under 94-95 CDBG, A3472. 001) 12. MO 5491 approving subrecipient agreement with the County Housing Authority for operational (085- ' hmding for Nightingale Manor Emergency Shelter, for $8,500 under 94-95 CDBG, A3473. 001) 13. Res 18543 and 18544 approving Payroll Warrants. (086- ) It was moved by Kleindienst, seconded by Lyons, and unanimously carried, that M05490 and 5491, and Resolutions 18543 and 18544 be adopted. ADDED STARTERS: None REPORTS & REQUESTS: 14. DEPARTMENTAL REPORTS - Received & Ordered Filed (121- a) Treasurer's Monthly- October, 1994 002) CITY COUNCIL a) Mayor reported on receipt of letter from the P.S. Classic requesting city assistance in dealing with the Flood Control District, in order to secure permits to commence their project; and receipt of letters of commendation of specific city employees. He also reported receipt of letters concerning the City Selection Committee, and requests for support of persons seeking election to certain boards/commission. He asked the city manager to determine if the Council can vote by proxy. He also noted other invitations to local events. ' b) Commission Appointments: City Clerk instructed to schedule interviews for new applicants, and any prior applicants wishing to be re-interviewed, for the Human Rights Commission, Airport Commission and Rent Control, for January 23 beginning at 5 p.m. c) Mayor asked the City Manager to request the citizens budget committee to complete and submit its report by January 15, 1995. d) Councilmember Kleindienst questioned if the joint dinner meeting with the Library Board has been rescheduled; city manager to confirm. Council Minutes 1-4-95, Page 8 PUBLIC reports or requests a) Don Frank, Desert Rail Authority, stated that regarding Item 3, stated he felt it arguable whether the City can arbitrarily cancel an agreement; that the DRA does, not own the word, "Monorail,"; (list DRA was prepared to move ahead before the Council halted it; that it provided trade information; that it did not have experience to produce the project, and joined with AEG; that they never said the project was not economically feasible; and , that the monorail will return February 16 for its Expo. b) Fred Ebeling questioned whether and public land was included regarding Item 1, or any land that may be part of the Caesar's World. He stated he speaks only for himself, and did not think others have said that they speak for anyone else; that he was not certain that the Council represents all of the people. STAFF -None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. JUD1TH SUMICH City Clerk