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HomeMy WebLinkAbout1995 - MINUTES - 3/1/1995 CITY OF PALM SPRINGS CITY COUNCIL MINUTES March 1, 1995 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Mai yanov, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, March 1, , 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, Lyons, Reller-Spurgin, ' Kleindienst 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 Rabbi Joseph Hurwitz. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on February 24, 1995. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED Ib1 CLOSED SESSION(All Entities)- See items on Page 4 of agenda this date. HOUSING AUTHORITY, INDUSTRIAL DEVELOPMENT AUTHORITY, FIAIANCING AUTHORITY, COMMUNITY REDEVELOPMENT AGENCY - No Business Convene as City Council PUBLIC HEARINGS: None PUBLIC COMMENTS: a) Comment regarding item 7 Ed Dietrich, Human Rights Coalmission, requested the Council approve item 7; and ' stated that the Ryan White Care Act does provide finding to local organizations for persons with AIDS; that there are changes forthcoming from the new Congress; that those changes will impact every citizen; and that if these i ypes of services m'e cut on the federal level, citizens will look to the City to provide [Item. b) Comment regarding item 11 Darrell Meeks, stater.[ that the Treasurer's report does encompass the first six months of the fiscal year; that item 5 is related to the Utility User Tax, and within that consideration the Council should question how much did the City spend this fiscal year; and whether or not less is being spent for the first pint of the fiscal year. c) Comments on matters not on the agenda David Hebert, 877 El Cid, protested the treatment he received by the Palm Springs Police Department; and questioned the attitude of the Police Deparhnent towards gays in the Warm Sands area; and slated that he is prepared to pursue the nlattrr as a violation of civil rights. City Manager stated the Police Department will investigate the matter. Frank Coffey read a prepared report reviewing and expressing concern for the EIR that is being prepared in conjunction with the expansion of the runway of the Airport; and requested that the Council consider requiring mailed notice to each properly , owner that is affected; that the public hearing should be delayed in order to allow the homeowners time to hire a consultant to review the EIR; that as a suggestion, the EIR should include a permanent noise monitoring; and requested the Council consider delaying the public hearing. Fred Ebeling, stated that he takes umbrage to the pageantry being performed by the Boy Scouts at each Council Meeting for the flag salute; that this type of ceremony was not provided by previous Councils; and added that the Council should not insult speakers, nor always have the last word after each speaker. Council Minutes 3-1-95, Page 2 PUBLIC COMMENTS (Cont'd) Pat Mererick, Desert Hot Springs, requested the Council consider approving an Ordinance regulating the sale of ammunition. LEGISLATIVE ITEMS: ' 1. AIRPORT MUSEUM OPTION AGREEMENT Reco miendation: That the Council approve an Option Agreement for the Air Museum. A3499. Director of Aviation reviewed the staff report and added that the option agreement is the final step before FAA approval; and added that it has been a long path to reach closure; and that the project is ready to move forward. City Manager requested the agreement be approved subject to City Attorney final approval. Councilmember Kleindienst questioned whether the term of the notification of Option was 15 or 20 days; why a cap is in place for the Cost of Living Adjustment; that if the CPI is used, the contract should track that level; that the agreement has a mandatory 250 hours of volunteer time from the Civil Air Patrol Youth Group; and that Exhibit E, should provide for a better description of the landscaping of the site, in condition seven. Councilmember Reller-Spurgin stated that the group has worked hard, and the museum will be of benefit to tourism. Mayor stated that museum will be a good addition to Palm Springs. Minute Order 5514 as recommended, subject to City Attorney approval, was presented, after which; it was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried that MO5514 be adopted. 2. SEISMIC UPGRADE DEADLINE EXTENSIONS Recommendation: That the Council review extensions of seismic upgrade completion deadlines proposed by building owners. Finalization of extended deadlines will enable staff to follow through with remaining unreinforced masonry ordinance requirements. Director of Building reviewer] the staff report, no further report was given. Councilmember Kleindienst questioned if the extension is granted, and a building is not seismic safe, is the city liabile. City Attorney stated that the City is not accepting any liability by granting of extension. In answer to question by Council, the Building Official stated that none of the buildings are totally vacant. Councilmember Hodges stated that this matter has been discussed before; that economics were the major concern; that the requirements went into effect in 1989; that by this extension, the City is allowing non-compliance until 1996; that this delay could jeopardize the public occupying the buildings; and questioned if the extension is not too far in the future. Councilmember Lyons stated that even though the City Attorney has stated that the City has ' no liability, there is the deep pockets issue; that if a lawsuit is filed, the City will be named; and if the case goes against the City, a judgement could be rendered against the City. City Attorney stated that this is a difficult question; that TORT claims can be filed against the City; that theoretically the City should be immune, with no indemnity; that there is always a potential, and therefore no guarantee; that if guidelines are imposed for hardship cases, there is some measure of protection for the City; and if the guidelines do not provide for extension, the buildings will have to be vacated. Building Director stated that if the retrofit is not completed by the completion date, the matter will come back to the Council for action to vacate the building. Council Minutes 3-1-95, ;°age 3 2. SEISMIC UPGRADE DEADLINE EXTENSIONS (Cont'd) Councihnember Reller-Spuogin stated that there are 12 properties remaining to be retrofitted. It was moved by Relle-Spurgin, seconded by Lyons, Maryanov abstaining,and carried by the following vote that the staff recommendation be adopted. AYES: Hodges, Lyons and Reller-Spurgin ' NO: Kleindienst ABSENT: None ABSTAIN: Maryanov 3. SUNfEST '95 Recommendation: That the Council approve a one-year agr.emend with The Palm Springs Events Partnership to produce SunFest '95 and adopt a rCSnllation suspending; specific regulatory ordinances. A3500. Director of Downtown Dovelopment reviewed the staff report and added that the total cost of the Sunfest event is approximately $148,350; that the partnership its requesting that the City donate $32,000 to help sponsor the evert; that the goal is for the Events Partnership to have some monies left after the event to help sponsor future community special events; that the City has Budgeted money for the event; that most of the expense form the City will be inkind expenses; that the contract oboes show some revision, such as lht, new president, and that Councilmember Kleindienst and Reller-Spurgin are indicated as liaisons; that it is requested that the City Council indicate that it would close Palm Canyon during the Sprung Break period. Councilmember Reller-Spurgin questioned the past cost of Spring Break events to the City; and adder] that at a previous study session the Council had determined that Palm Canyon should be closed; that the recommendation came from the Police Department; that it is a safety factor; that the costs for Springs Break occur each year; that $32,000 is a bargain; and that the group ' has worked hard to pull this event together. Councilmember Hodges questioned what if extended costs were incurred with the police or Fire Departments; and added that a cap, or a limit, could be placed on the contribution. City Manager stated that the costs stated are a "not to exceed" amount, and added that the projections are somewhat high; and requested the contract be approved, subject to City Attorney approval. Coluicilrnember Hodges stated that the City has budgeted $32,000:, that if things go well, tho partnership should realize a profit, then they should pay any excessive costs; and that the City's budget is in bad shape and all costs need to be closely monitored. Ric Service, President of the Events Partnership, stated that a recap report will be submitted to the Council; that in the absence of the Partnership, the City would pay additional costs; that the whole idea behind the Events Partnership, is a partnership between members of the community and the City; that the partnership members have contributed funds to make the concept work; that in no case has the City been asked to take over the partnership; that the expenses have been $114,000 to date; that everything is on track; that there are 22 members in the partneaship; that members that support the partnership are not only giving money, but time and energy; that these members believe in what is best for the Community; that the more prevalent belief is that it is easier to let someone else do something, rather than yourself; and that the partnership is here to be a partner between business, the City, and the Community. Mayor stated that in-kind funding being provided are not fictitious dollars; and that the , partnership has "stepped up to the plate". City Manager stated that the City has budgeted $32,000 for the event; and that the Police Department expenses would have to be paid out of that fund. Mayor stated that an alternative of the partnership concept is to go back to the old "Spring Break" or for the City to do its own event; that everyone is aware of the success of both of those endeavors; and that the recommendation should be to approve the concept of tine partnership. Council Minutes 3-1-95, Page 4 3. SUNFEST '95 (Cont'd) Councilmember Lyons slated that the partnership is a joint effort of the private and public sector; arrd is essential in the way government does business; that the job of the Council is to protect the safety of the citizens; and that the recommendation should be approved. ' Ric Service, stated that the partnership has worked hard and long; that many sacrifices have been made; that the main concern of the partnership has been what is best for the Community; and that the partnership is not just considering a Sunfest event, but events for the entire year. Councilmember Hodges stated that as a Councilperson her job is to question things even if others consider her questions inappropriate; that there should be a term specified in the agreement; that a one-year would he reasonable; and that the contract will need to be updated each year and questioned when the completion of the 1995 event would occur. Councilmember Kleindienst stated that the intent of the Partnership is to generate different activities all year. City Attorney stated the scope of services does not address the term, rather there are certain reports that must be trade to the Council; that the "scope" could be amended to include a term, that the 1995 Spring program has specific reporting periods; that if the intent is to extend the contract with other events it is an alternative via amendments to the "scope", but at this specific point, the contract is only for the Sunfest '95 Festival. Director of Downtown Development stated that a report is due back in.tune; that a recap will be. given at that time; and that with the establishment of a contract, each year it can be amended. Minute Order 5515 approving agreement subject to City Attorney approval and Resolution 18567 suspending certain Ordinances was presented; after which, it was moved by Lyons, seconded by Reller-Spurgin and unanimously carried that M05515 and R18567. ' 4. VILLAGEFEST Recormnendation: That the Council approve an Ordinance amending the Palm Springs Municipal Code to add Chapter 2.22 to establish a Villagefest Board. City Manager reviewed the staff report and no further report was given. Councilmember Hodges stated that it was mentioned at the last study session that the appointment to downtown retail should be any retail merchant; that there are alot of politics downtown, and it may be better to look at the bigger picture; that there are retail merchants that are retired that would not be eligible, but would be qualified. Director of Downtown Development stated that there are qualified merchants not in the downtown area; that the original language does require the merchants to be downtown; that the recommendation could be modified to reflect one category as downtown merchant. Mayor questioned the reason for establishing categories; that the main interest of the Council is to see that the downtown will be represented; and added that the judgement of elected officials should be trusted. Councilmember Hodges stated that there are specific matters that do require expertise, such as jewelry or pottery. Councilmember Lyons stated that the Council does endeavor to appoint qualified persons to the commissions. Mayor stated that the appointments should be city-wide; that experience is needed for jewelry; and retailing; but that the Council does vote to appoint each Cormnissioner. Councilmember Kleindienst questioned whether the present Villagefest Board Members would be allowed to serve; and added that the new Board does have the ability to appoint committees, as long as one Board member serves. n; f) Council Minutes 3-1-95, Page 5 4. VILLAGEFEST (Cont'd) Mayor stated that the present board his done a good job; and that everyone compliments the Villagefest. Councilmember Reller-Spurgin stated that the present members should be invited to apply for the Commission and added that at times it is necessary for rotation in order for new ideas to ' surface. Consensus of Council to interview on April 25, 1994, at 5 p.m., for Villagefest openings; slid Assistant City Clerk read title of Ordinance as follows, AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE TO ADD CHAPTER 2..22 TO ESTABLISH A VILLAGEFEST BOARD after which; it was moved by Kleindienst, seconded by Reller-Spurgin, and unanimously carried that further reading be waived, and Ordinance be introduced as revised„ with the Ordinance to reflect that the category of three members of current merchants or significant retail experience, the second category is the same as currently worded but delete the word downtown; nor is the qualifier for jeweler to be downtown for first reading. 5. UTILITY USERS TAX RATE Recommendation: That the Council continue the Utility User Tax at a rate unchanged. City Manager reviewed the staff report, and no further report was given. Mayor stated that although Southern California Edison rates have raised, staff recommendation should be endorsed. City Manager stated that it was not inappropriate to bring the item before the Council for , discussion. Councilmember Reller-Spurgin stated that concurrence with staff recommendation should be given. Councilmember Lyons stated that it is a major fight with SCE; that the way SCE operates, it justifies the high rates; that the rates are too high; that the pressure needs to be maintained against SCE and the PUC; that it has been announced(list there will,be a rate reduction of five percent; but that the reduction should be 15% to 30%. Council commended Councilmember Lyons for his work on this natter. 6. ADDIi'IONAL LEGISLATIVE ITEMS: None CONSENT AGENDA: Note: Clarification was made regarding the Ryan Care White Act for the needed support for education of AIDS by Councilmember Reller-Spurgin 7. Res 18568 supporting continued Federal funding of the Ryan White Care Act. 8. Res 18569 approving Parcel Map 27976, City of Palm Springs, to divide property located at 1211 Vista Chino Road East, Section 11, T4S, R4E. 9. MO 5516 approving agreement with the County of Riverside to include Palm Springs in the Operational Area for the purpose of disaster preparedness coordination. A3501. 10. Res 18570 approving claims and demands. Resolution 18568 through 18570 and Minute Order 5516 were presented; after which, it was move(] by Reller-Spurgin, seconded by Kleindienst,Lyons abstaining on Warrant#895297 ant] Reller-Spurgin on Warrant #895409 and unanimously carried, that R18568 - 18570 and MO5516 be adopted. Council Minutes 3-1-95, Page 6 ADDED STARTERS: None REPORTS &REQUESTS: It. DEPARTMENTAL REPORTS - Received & ordered filed ' a) Treasurers monthly Investment Summary - 12/31/94;Director of Finance stated that the City is three percent under budget for expenditures at this time; however revenues are also down; and that it does look as if the City will be in balance this fiscal year. Mayor stated that some services have been privatized, that will result in savings. Counnilmember Lyons stated that there are severance costs are associated with the privatization; and that the saving will be delayed due to the severance costs. CITY COUNCIL reports or requests a) Commission appointment: Board of Appeals 1-no term - Cass Rogers (Civil Engineer). It was moved by Mayor, seconded by Lyons and unanimously carried that the appointment be approved. b) Councilmember Kleindienst reported that lie did attend a meeting with FEMA; that there was material to be distributed from FEMA for the Council; that he did present to the California Transportation Commission, that he did stress the importance for a light rail corridor due to NAFTA; that he did note the number of trucks that will be traveling into California will number 400 a day; that the TCI funds addressing the Multi-Model transportation issue was addressed, that the City is in good standing; that he has been asked to attend again in March, and requested Council sanction; that a comparison of the Palm Springs Regional Airport and the Santa Barbara Airport has been completed for Council perusal; that the Coachella Valley Youth Commission ' meeting was canceled; that currently a big brother, big sister program is being worked on, and that Council will be asked for a letter of endorsement at a later date; that the Trini Lopez Golf Tournament has been canceled, and rescheduled for November, and requested that the City Manager review the matter;and added that the Los Conipadres riding stables has a guest ride for the weekend; and that the bikeway bridge should be readied for the equestrians. Councilmember Reller-Spurgin stated that the November date is a better date for Arnold Palmer Management Company for the Trim Lopez Tournament. Mayor reviewed an article from the Wall Street Journal and requested that the City endeavor to cut back the use of paper by 10%. Councilmember I-lodges slated that the Executive Committee of CVAG did recommend endorsing the MRF concept requesting proposals which could invite proposers to respond to scenarios; and that Palm Springs position and concerns were expressed; and added that the Coachella Valley Joint Insurance Authority has been requesting to form its own Joint Power Authority; that each Council will be receiving the request; and that the recormnendation is for a smooth transition;and that there are openings on Transportation and Communications, Energy and Environment and Community economic Housing and Development; that the meetings do take place in Los Angeles, and if anyone is interested, the name should be forwarded to the Executive Director of CVAG; and that CVAG is requesting a letter be sent endorsing a federal appropriation for the Santa Rosa Mountain Conservancy; and requested staff prepare same for Council approval. Mayor stated that a letter had been received from Riff Markowitz reviewing the coverage the Follies has received form the New York Times and Day One; and read from various letters and correspondence; and that appreciation is expressed to lane efforts expended during the flooding at the library; that the finance committee did meet; that it has been determined that it utility user tax amendment will be coming to Council to include cellular phones; that the investments have been prudent; that the City Treasurer is investigating a currenancy exchange program; that on the Golf Course expansion budget, the construction budget did come in on line; that the operating budget will have a shortfall of$1 million in 1995-96, $800,000 in1996-97; that the Treasurer is looking for ways to cover the shortfalls; that the council did Council Minutes 3-1-95, Page 7 CITY COUNCIL report or requests (Cont'd) anticipate the shortfall; that>he golf course is a fine addition to the City; and that he is pleased that the boy scouts do the flag salute at council nneetiags and do a fine.job. PUBLIC reports or requests ' a) Bill Byrne, Overlook Road, expressed appreciation to Al Smoot for the support with a land issue; and added that Calexico is designated as the largest point of entry for the Untied States; that he is not sure who will benefit from NAFTA, with the countless trucks coning into the United States bringing with them its pollution. b) Frank Coffee, resident, reviewed the map indicating fie airport noise foo(print; that he is working on a multi model committee; that the article in the paper dated March 14, does not include the date of the meeting for which the advertisement is for; that the concorde at New York makes an immediate turn when it takes off, that this type of principle could be considered for this airport; that float-outs and spray-on take offs could be used; and added that when one flies an airplane they understand what is being indicated. Mrs. Coffey expressed appreciation for the courtesy extended to Mr. Coffee. c) Fred Ebeling requested Mr. Lyons review his platform tape he used when he ran for office; that part of the platform was to sell real estate owned by the City; that the Monte Vista has the longest escrow in history; that basically the information given by Councilmember Lyons regarding SCE is alot of rhetoric; that Councilmember Kleindienst should look at the land the City did purchase land in the flood area for a railroad station;that this Council continually borrows fromn the wastewater treatment plant; that the Mayor never reads any letters that indicate: a problem; and requested the Mayor do .so. , d) Dennis Spurgin, resident, stated that the Chamber of Commerce will be hosting a golf tournament at the new Pahn Springs Golf Course; and invited the Council and public on March 2, 1995 starting at 4 p.m. STAFF reports or requests a) City Manager requested Council presence at a meeting scheduled on March 8 - 12, 1995,in Washington D.C. to address various issues. Councilmember Kleindienst will attend; and that slurry seal will be clone March 21 and 22, 1995 in the downtown area. b) Director of Aviation stated that the process that the airport is going through for the Noise plan and EIR; chat the Planning Commission has made it clear that notices needed to be sent to those that are interested in attending; that a I/Sth page ad was nno in the Desert Sun; that a personal notice was sent to those who have indicated interest; that the Airport Commission did direct that notice be sent to the combining zone; that the mailing will be over 1,000; that the meeting with the, Planning Commission is being advertised in every way possible; and that the Airport staff would be happy to meet with anyone to discuss the airport expansion. Mayor questioned if customs is still involved with flights from Canada, which the Airport Director affirmed. ADJOURNMENT ' There being no further business, Mayor declared the meeting adjourned. JUDITH SUMICH PfR1 erk C1A A. SANDERS Assistant City Clerk