HomeMy WebLinkAbout1995 - MINUTES - 11/1/1995�,:�
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CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
NOVEMBER 1, 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,
November 1, 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 199, and an
invocation by Rev Andrew Green, St. Paul's in the Desert.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on October 27, 1995.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) -See items on Page 5 of agenda this date.
COMMUNITY REDEVELOPMENT AGENCY: HOUSING AUTHORITY: FINANCING
AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY - No business
PRESENTATION:
Mayor presented Plaques to former Board/Commission members: Harold Waltz, Historic
Site Preservation Board; George Bishop and Fran McNeel, Parks & Recreation
Commission; Frank Tinney, Personnel Board; William Drury and Frank Tysen, Planning
Commission; David Aiken, Public Arts Commission (to be mailed: Ron Miller and Mel
Haber, Visitor & Promotion Board). Certificates of appreciation were also presented to
Villagefest Committee members: John Connell, Rusty Goodman, Diane Matzner, Bob
Schlendorf, George Service, and to be delivered to George Service, Lowell Sigmund, and
Bob Weithorn.
Police Chief Kulander introduced and administered Oath of Office to New Police Officer
Tom Johnston.
APPROVAL OF MINUTES:
It was moved by Hodges, seconded by Lyons, and unanimously carried, Kleindienst
abstaining on the Minutes of October I as he was absent on that date, that the Minutes
of October 4, 11 & 18, 1995, be approved.
PUBLIC HEARINGS:
1. PD 240 - LINSU DEVELOPMENT
Recommendation: That the Council approve a planned development district to allow a
38-unit condominium project on Chaparral Road, between Vista Chino & Chuckwalla
Road, Section It.
Director of Planning & Building reviewed details of his report, as on file with the City 116-
Clerk, noting that the recommendation includes a reduced setback, street dedication on 116-
Indian and Vista Chino, relocation and upgrading of the bus stop, and a minor parking
09)
variance, i.e., 4 spaces, mitigated by a parking management plan.
Mayor declared the hearing open.
Stephen Payne, developer, thanked the City for its help in moving the project forward,
and drat lie was looking forward to continued success in making the project happen.
There were no further appearances, and the hearing was closed.
Council Minutes
11-1-95, Page 2
PD 240 - LINSU DEVELOPMENT (Continued)
City Clerk read title of the Ordinance, amending the Zoning Map, to provide the PD 240
designation, and Resolution 18719 as recommended, was presented; after which, it was
moved by Lyons, seconded by Reller-Spurgin, and unanimously carried, that R18719 be
adopted; that further reading of the ordinance be waived, and that the Ordinance be
introduced for first reading.
STREET VACATION - SUNTAN ESTATES
Recommendation: That the Council adopt resolution to vacate right-of-way designated
as Lot B of subdivision entitled, "Suntan Estates," PM 7535, said lots abut the cal -de -sac
portion of Suntan Lane, Section 23.
Director of Public Works reviewed details of his memorandum, a copy of which is on file (145-
with the City Clerk, noting that the request originally stemmed from the adjoining 001)
property owners.
Mayor declared the hearing open; there be no appearances, the ]hearing was closed.
Resolution 18720 as recommended, was presented; after which, it was moved by Reller-
Spurgin, seconded by Kleindienst, and unanimously carried, than R18720 be adopted.
INTERAGENCY REPORTS:
a) Councilmember Hodges reported that the next agenda of the CVAG Executive
Committee will include an opportunity for the presentation of the Bedminster
project.
PUBLIC COMMENTS:
LEGISLATIVE ACTION:
3. P.S. ROAD RACE
On October 18, 1995, the Council continued discussion to this date for further direction,
and action if any, regarding the 1995 Road Race.
City Manager reported that he has met almost daily with the race promoter, who appears
to be near completion on the track layout. He recommended that he be authorized to
waive the code and other regulatory provisions to allow the race to proceed, subject to (050-
demonstration, in writing, by the promoter that the private property owners are in 025 )
agreement concerning the use of their land for the track layout.
Councilmember Hodges stated that the track location is a requirement of the promoter,
not the City, and the City should not be blamed for the promoters inability to secure the
landowners approval; and that the City's only responsibility is the suspension of
regulatory provisions.
It was moved by Lyons, seconded by Hodges, and unanimously carried, that the City
Manager be authorized to suspend regulations, subject to his approval of the track layout,
and approval in writing by affected landowners to approve.
4. P.S. CELEBRITY GOLF TOURNAMENT
On October 18, 1995, the Council continued discussion to this date regarding the above
tournament at the Tahquitz Creek Golf Course, pending clarification of related
information.
City Attorney reported that he has not looked at all of the issues the Council raised at its (092_
last meeting, but has looked at the legal issues; that lie was asked to evaluate whether the 013 )
City had any contractual obligations with the reference to putting, on the event, and in the
last closed session, he gave the Council a full report and legal analysis of the situation,
fS.9
Council Minutes
11-1-95, Page 3
4. P.S. CELEBRITY GOLF TOURNAMENT (Continued)
but because of the potential for litigation, would not go into specifics, rather he would
outline the principal events and most significant facts; that on February 23, 1995, Paltrier
entered to a letter of understanding, which has been referred to as an agreement, to hold
the Trini Lopez Tournament on specified dates at the Tahquitz Creek Resort Course; that
the agreement provided that the green and cart rental fees be complementary; that it
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appears Palmer had the legal authority to enter into a legal agreement under its
management agreement with the City; that it has broad authority under said agreement to
set the golf course aside for a celebrity event; however, it does not have the legal
authority in essence to waive fees and deprive the City of revenue; that for various
reasons the original event was canceled and rescheduled twice; that if there is ally
obligation, it would be to the December 9 and 10 dates, which were selected through the
participation of Palmer, the promoter and City staff; that April 26, 1995 study session was
the only time City Council itself looked at this issue, and at study sessions, the Council
is really not authorized to make decisions except in limited circumstance; that during the
course of the discussion at that study session, it was stated that there would not be any
final action taken at that meeting; that the February 23 agreement was given to Council
and it was aware of the request that fees be waived, but the Council felt there needed to
be some policies developed; that it was stated at that time that the Council supported the
concept of a tournament, but there was concern as to how the fees were to be allocated,
and how that was going to be worked out, and it was directed that should some kind of
a policy be developed, and the matter should be brought back to a future study session;
that the matter was never brought back to a Council study session; that the Palmer group
and City staff had been directed to try to work out a satisfactory solution; that they met
to attempt further efforts to try and resolve any difficulties in putting on the tournament, (092-
which has gone on to the present day, and die matter never came back for further action 013 )
by the Council; that the waiver of fees should have required City approval, however, the
approval was never obtained. He stated that the problem is that continued acts of the City
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in support of the tournament could be the basis for arguing that the City, in equity, is
estopped from denying its support at this time; that he has commented in closed session
as to the validity of that argument, but it certain presents an issue; that conversely there
is also a concept that a party -in-law should receive the benefit of its bargain - at the time
that this tournament was envisioned, the association of the Trini Lopez name to it was
thought very important, and the tournament sponsors made a big point about the
association of the Trini Lopez name and its value, and that they were trying to promote
something that would be a future "Bob Hope, Dinah Shore" type of event; that the fact
that the name has been removed from the tournament, is certainly something that could
be the basis for an argument to excuse not going forward with performing any type of
agreement, because it is basically a different type of event than the event that was
originally envisioned. He stated that another important issue of the February 23
agreement that was supposed to be done, but at this point in time evidently has not been
done, is that the tournament sponsors were provide certificates of insurance concerning
the event, to protect Palmer and the City from any potential liability; and that there are
some matters in the agreement which may also be incomplete, and if the Council wishes
to proceed with the event, it would be appropriate to get them corrected as soon as
possible.
In answer to questions by Council, Director of Parks, Recreation & Golf Course staled
that $20,000 is projected in lost revenue; that the Old Course is not at capacity in
December, however, persons wishing to play a course of the Resort's caliber may not be
satisfied playing the Old Course; that the Resort Course has not been open yet at that time
of season, and the revenue and play projections are those of Palmer; and that Ire
' understood that the tournament promoters have a commitment thus far of 90 player's (are
hoping to reach 144).
Councilmember Kleindienst stated that people play the Resort Course for the degree of
difficulty, and maximum projections would be $2,600 per hour in revenue assuming one
foursome every six minutes, and projected over the course of the day it would be
$20,000, and a conservative estimate of $10,000 per day for tine two day event is
reasonable.
Council Minutes
11-1-95, Page 4
4. P.S. CELEBRITY GOLF TOURNAMENT (Continued)
In response to question by Council, City Manager stated that there has been no audited
financial statements received from the tournament promoters.
Mayor stated that Triui Lopez's name has been removed from the tournament; that there
is no reason why the Council would refuse a tournament use of the course, with payment
of fees; that waiver of fees is difficult because the City is in need of revenue, and (lie
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purpose of waiving them would be to enhance business and generate revenue for the
City, e.g., getting money back in room tax and other revenue sources; and that insurance
and other requirements must be met.
In answer to questions by Council, Karen Aguilar staled that she is running the business
side of the tournament, and Tony Aguilar is in charge of the celebrity and commendation
side of the event; that neither of them have, or will receive any compensation f'or doing
so, and have spent about $15,000 of their personal funds which they do not expect to get
back; that they are hoping for 144 players (5 in each "foursome"); that revenue varies,
in that some players are free (celebrities), and others are complimentary for sponsorship,
and others paid the fee when the event was first scheduled, which has increased, because
of added events, e.g. the celebrity party; that the event is 2 clays with participants arriving
on December 8, and there may be some "clinics" offered on that day; that they hope to
have $5,000 available to each of the charities; and that while Mir. Lopez had withdrawn
his name, she expected that he would still play.
Councilmember Lyons stated that the City has consistently moved forward, the Trini
092-
Lopez incident may cause it to fail, if it is not soon put to rest; and that he did not have
013 )
problem endorsing the event, as long as the requirements are in order within the next ten
days.
City Manager stated that if the Council wishes to proceed, it should direct staff to make
certain Palmer enforces its rules which are in place, e.g., the insurance.
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City Attorney stated that ten days to comply would be reasonable, and a letter of support
of the event could be contingent upon those requirements being met, if that would be
helpful in saving the event. He also stated that past letters make it clear that the event
was for two days, and was for one year only, with any future events being determined on
their own merit.
Mayor stated that he preferred that Mr. Lopez not play in the tournament, and be
approached by Ms. Aguilar as to the sensitivity of his doing so.
Councilmember Kleindienst stated that the Management & Professional Supervisory
Association (City) sponsored a tournament, with 104 players, without waiver of any fees,
for one day, and raised about $10,000 for charity; that the proposed tournament, which
is for two days, charging $1,000-1,500 entry fees, and only expecting to give $1 `i,000 for
charity; and he found it difficult to compare the request to waive $20,000 in fees, against
the amount to be raised, and lie was not willing to waive the fees unless there is a greater
ratio to charity.
Councilmember Hodges stated that the City is not in a position to now say no; that it has
some obligation; that she did not think the Council needed to support/sponsor the
tournament, but did need to do something. She moved to waive; the green and cart fees
for the two day event, as well as to require compliance with the requirements - insurance,
etc - that were a part of the February 23 agreement, and to require a signed financial
statement within 45 days after the tournament; and that such approval is for this one
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event.
Councilmember Reller-Spurgin stated that it was true the City could take the $20,000 and
divide it for charities, but she felt the City also has a legal obligation to meet.
Mayor slated that major tournaments often only break even during the first ycm* or two;
and that other than a celebrity tournament might benefit charities more.
Council Minutes
11-1-95, Page 5
4. P.S. CELEBRITY GOLF TOURNAMENT (Continued)
Councilmember Hodges stated that the basis for a decision is not the same as it would
have been earlier in 1995, in that work has been done and the Council cannot pull the mg
out from under that.
' Mayor stated that Mr. Aguilar was instructed in April to come back with details; and that
the Council said it was interested, and needed clear policy.
Councilmember Hodges stated that the staff was also to have come back with followup;
that there has been miscommunication by both sides; and that the Council needed to move
on with the subject.
The above motion by Hodges was seconded by Lyons, and carried by the following vote:
AYES: Hodges, Lyons, Reller-Spurgin & Maryanov
NO: Kleindienst
ABSENT: None
5. VISTA CHINO FEMA FLOOD ISSUE - CATHEDRAL CITY REQUEST
Consideration of request of Cathedral City to fund a portion of the cost to elevate and (136-
construct the Vista Chino Road crossing at the east levee of the Whitewater River to 040 )
eliminate a potential flood water breakout at the location, and to obtain conceptual
approval of the project; budget amendment of $100,000 from local Measure A funds.
City Manager recommended that this matter be continued, in order to complete staff
review; after which, it was moved by Lyons, seconded by Reller-Spurgin, and
' unanimously carried, that this matter be continued to November 15, 1995.
6. P.S. CAR CLASSIC
On October 18, 1995, the Council continued discussion to this date concerning
sanctioning the P.S. Car Classic, and approval of a five-year agreement with Classic
Marketing Ltd., for production thereof, A3602.
City Manager stated that the proposal calls for sanctioning of the event; that the guidelines (050-
and conditions appropriate for sanctioned events were provided to the Council, as 028)
adopted.
Director of Parks, Recreation & Golf explained that there are no set criteria, and each
event is evaluated on its own merits; that he attempted to negotiate with the promoter the
question of the $2,500 for closing the street; that the promoter feels the event could not
handle the added expenses, and participation by the City to that extent would be a
demonstration of a partnership of the event.
In answer to questions by Council, Director of Parks, Recreation & Golf Course slated
that there is a 30-day cancellation, without cause, to be given in advance in February of
each year.
Minute Order 5652 approving sanctioning, and agreement in form subject to City
Attorney approval, was presented; after which, it was moved by Reller-Spurgin, seconded
' by Kleindienst, and unanimously carried, that MO5652 be adopted.
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Council Minutes
I1-1-95, Page 6
7. A.D. 158 - DELINQUENCY FORECLOSURES
Recommendation: That the Council order that delinquent special assessments be collected
by an action to foreclose lien on delinquent property in the above assessment district, (056-
pursuant to California Streets & Ilighways Code. 012 )
City Manager highlighted the memorandum of the Director of Finance & Treasurer. ,
Resolution 18721 as recommended, was presented; after which„ it was moved by Hodges,
seconded by Reller-Spurgin, and unanimously carried, that RIB721 be adopted.
8. PSDRCVB AIRLINE SERVICE COMMITTEE - BUDGET AMENDMENT
Recommendation: That the Council approve a funding formula for the P.S. Desert
Resorts CVB Airline Service Committee, and appropriate an additional $25,000 to support (050--
the committee program for F/Y 95-96. 008 )
City Manager highlighted the memorandum of the Director of Finance & Treasurer.
Minute Order 5653 as recommended, was presented; after which, it was moved by Lyons,
seconded by Kleindienst, and unanimously carried, that MO56:53 be adopted.
9. ORDINANCE FOR SECOND READING & ADOPTION (Intro: 10-18-95)
City Clerk read title of Ord 1520 re Airport Commission Standing committee on noise; (060-
after which, it was moved by Reller-Spurgin, seconded by Kleindienst, and unanimously 001)
carried, that further reading be waived, and that 01520 be adopted.
10. ELECTRICAL MUNICIPALIZATION
Recommendation: That the Council approve an option agreement with California Energy '
Company, Inc., to provide thirteen mega watts of firm electric power from renewable
energy sources, A3603.
Procurement Manager reviewed in detail the staff report, noting that there was more
interest in the process than was anticipated; that there are no itax dollars involved; that (147-
there are safeguards in the agreement, which has been approved by attorney on both 004)
sides; that it is an option, and not a commitment, and provides funding and source of
power if "wheeling" is approved for the City.
Jonathan Weisgall, Cal Energy, presented a check representing 25 `7 of the option, and
that there will be payments each 90 days. He stated that the company can profit from
generating electricity for the city, and the City can lower electrical rates. He added that
he thought the entire Country was looking to Palm Springs for this effort.
Councilmember Lyons stated that the total amount represents $130,000 of risk capital for
fire provider, which will be paid quarterly to the City in installments of $32,500.
Councilmember Kleindienst noted that the source of power is from renewable sources.
City Manager stated that lie looked forward to have a continued involvement in the
process by Councilmember Lyons after he leaves office.
Minute Order 5654 as recommended, was presented; after which, it was moved by Lyons, '
seconded by Kleindienst, and unanimously carried, that MO5654 be adopted.
11. ADDITIONAL LEGISLATIVE ITEMS: Norte
CONSENT AGENDA:
12. Res 18722 approving a 12-month time extension for the City of Palm Springs, for
Tentative Parcel Map 27774 to consolidate 20 lots into two parcels - the former Bullock's (119-
site - with expiration date of October 20, 1996. Hodges & Maryanov abstain. 001)
Council Minutes
11-1-95, Page 7
13. Res 18723 establishing guidelines for the conduct of board and commission meetings, to ( 114-
reIlecl policy direction approved by the Council on September 27, and to update date 003 )
consistent with State law.
14, See Item 20.
' 15. MO 5655 approving Change Order No. 1 to Peek Traffic Signal Maintenance, Inc. for (130-
signals at Farrell/Mesquite and Farrell/Via Escuela, CP94-14, and 94-23, for an increase 001)
of $5,442.45.
16. MO 5656 awarding contract to remodel and expand the Desert Aids Project office facility ( 081
at 770 Vella Road, per CDBG 94-95 funding, to Elkins Construction for $25,298, A3604. )
17. Res 18724 and 18725 approving agreements for group health insurance, dental and long (096-
term disability, and the City's contribution toward premiums related thereto for varying 004)
periods between 94-95 and 95-96, for all management/city council, and for the general
unit, respectively.
18. Res 18726 amending the Allocated Positions & Compensation Plan for 95-96 to reclassify (061-
title of Administrative Secretary in the Department of Administrative Services, to 020)
Administrative Coordinator.
19. Res 18727 & 18728 approving Payroll Warrants & Claims & Demands. (086-
014)
It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that
R18722 through 18727 and Minute Orders 5655 and 5656 be adopted; Reller-Spurgin
abstaining on Warrant #904297.
20. PURCHASE OF VEHICLES
' Minute Order 5657 approve cooperative purchase of 5 police units from Bob Baker Ford,
for a total cost of $99,711.98, to replace writs no longer cost effective to maintain at die
required standards.
Councilmember Kleindienst questioned whether alternative fuel was looked at in terms of ( 084-
012)
the vehicles.
Procurement Manager stated that he met with the police department personnel, and the
alternative fuel increased costs per unit is about $6,000; that there is no conclusive
evidence that police units will perform to the same degree of officer safety and meet
quality control standards, and when statistical data is more reliable, e.g., when the
California Highway Patrol begins utilizing them, a recommendation will be made to the
Council. He noted that safety and performance are not the same issue for other type of
units, and each is looked at separately; and that purchases are on the basis of economy
of scale, through cooperative purchasing, otherwise the per unit cost is significantly
higher. He added drat only Ford is making the units at this time.
It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that MO
5657 be adopted.
ADDED STARTERS: None
' REPORTS & REQUESTS:
21. DEPARTMENTAL REPORTS - Received & Ordered Filed
(121-
a) Treasurer's Monthly - August 31, 1995.
002)
Council Minutes
11-1-95, Page 8
CITY COUNCIL reports or requests
a) Board & Commission Appointment: Human Rights Commission, 2 vacancies, (060-
each with a term ending 6-30-98. Mayor recommended that this mutter be 027 )
continued for new mayoral appointment and Council confirmation. So ordered.
PUBLIC reports or requests
a) John Booth, PS Police Officer commented on golf tournaments sponsored by the
Police Association and MAPS, and that neither requested waiver of fees, but
would do so in the future.
STAFF reports or requests
ADJOURNMENT
There being no further business, Mayor declared the meeting adjourned at 11:30 p.m.
/ JUDITH SUMICIT
City Clerk