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HomeMy WebLinkAbout1996 - MINUTES - 6/5/19960101 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JUNE 5, 1996 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, June 5, 1996 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 Barnes, Hodges, Oden, Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, led by Boy Scout Troop 199, and an invocation by Shauna Segundo, Baha'i Faith. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on May 31, 1996. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 4 of agenda this date. HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY - No business PRESENTATIONS: F.S. Suns Baseball urging public attendance at games Positive Alternatives for Youth Awards - $1,000 checks presented to Big Brothers/Big Sisters Local Chapter; and Boys & Girls Club Teen Center. Joint City/Chamber Award - Recipient, Gottsehalks ' PSHS Student Body Report COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of converting as the Community Redevelopment Agency; after which, members reconvened as the City Council. APPROVAL OF MINUTES: It was moved by Hodges, seconded by Spurgin, and unanimously carried that the minutes of April 30 and May 1, 1996, be approved; Barnes abstaining on May 1, 1996. PUBLIC HEARINGS: 1. 1996-97 BUDGET Conduct bearing concerning adoption of the 1996-97 budget. City Manager read his budget message, a copy of which is on file with the City Clerk. Mayor declared the hearing open. Dick Sroda, resident, expressed opinion that the Council cannot continue to transfer funds; that if the golf course debt had been recalled, the City would have lost $7 million, which is what it has cost so far, but it would have been out from under it; that green fees are less at other courses in the Valley; that the new budget includes 5.25 new positions, and an increase in operating funds of one-half million dollars, which he did not consider acceptable. He made various comparisons in budgets between Palm Springs and Cathedral City, and levels of service; that he thought a major retail store would be moving out of Palm Springs; that the utility tax is to be eliminated next year, and he did not think the people would approve a continuance of it; that capital improvements are being deferred and long-term financial recovery must address the city's capital needs; and that he believed the budget was a long way from real life. (061- 021) 0102 Council Minutes 6-5-96, Page 2 1996-97 BUDGET (Continued) Darrell Meeks, resident, commented on Palm Desert's approach to requiring bonding by developers who build a new location that guarantees the store they are leaving is not left sitting vacant, and challenged wiry Palm Springs had not done likewise with the proposed new Lucky store, i.e., since the store corporate ownership will be using its own funds to ' build the store; that he did not believe the residents would approve another utility tax, and if the tax is not repealed, it probably would be brought through initiative; that there has been no father comment concerning annexation in the southern Pahu Canyon area; that the Public Arts fund has been used to acquire art which is hidden inside of buildings; that the staff is ordering "number blocking" on city telephones, which he felt was questionable in terms of legality, and that there will be a cost for reversion of that service by the telephone company; and that he considered Ms. Woodhurst an asset to VillageFest, and did not know if her relationship should be a contractual employee or regular employee. There were no further appearances, and the hearing was closed. No action required, nor (aken. INTERAGENCY REPORTS: a) Councilmember Oden reported on activity of the Coachella .Valley Mt. Conservancy Board, and adoption of its budget and land acquisition, none of which will be in Palm Springs. b) Councilmember Hodges reported on activity of the CVA.G Executive Committee, also noting date of General Assembly meeting, and formation of a new County Commission to deal with training, and the need to think about a likely local appointment, and possibly securing training money for Palm Springs. c) Councilmember Barnes reported on activity of the CVAG Children & Youth , Commission meeting, and his appointment to a sub -committee thereof on strategic planning for the Commission. d) Councilmember Spurgin reported on attendance at a public meeting in Desert Hot Springs on the police and safety issue; and announcement by the five largest hotels of their commitment to 25 cents per meal served as a contribution toward the City Hall Renovation Project. She noted that Mr. Ogburn took on the VillageFest event as an added responsibility to his long-standing contract which includes downtown development, at no additional fee. e) Mayor reported on attendance at the Tramway Bond Burning event, along with attendance by Councilmember Hodges; activity of the Sunline Board and its budget; activity of the Riverside Comfy Transportation Commission; and attendance at the GTE Workshop in Ontario, concerning enhanced communication systems with the target of bring fiberopties to those systems. PUBLIC COMMENTS: a) The following persons spoke concerning Item 3: Darrell Meeks, resident, stated that many businesses and the City Tourism promote Palm Springs as year round, and many businesses stay open longer hours ( 050- during the VillageFest event; that July and August is the time when merchants 018) need help the most; that Mr. Ogburn cancelled the Commission meetings, and is not taking applications, without the Council having acted on this item; that COD'S event is open all year, during the day time when it is warmer, and that VillageFest has residual benefits; and his understanding was that Mr. Ogburn received a bonus for [lie VillageFest responsibility. 0103 Council Minutes 6-5-96, Page 3 a) The following persons spoke concerning Item 3 (Continued): Dick Sroda, resident, stated that the Desert Museum will remain open during the summer for the first time, and closure of VillageFest for 9 weeks is inconsistent with the promotion that Palm Springs is a year round community; that American Airlines is subsidized with tax dollars in order to continue operating in Palm Springs during the summer; and that notice was given to merchants that the ' event would be closed before the Council made its decision. Eric Meeks, resident, stated that his business stays open even during the event, and will suffer financially if it is closed July and August; and that even a smaller scaled event is better than nothing. b) Continents concerning Item 4: Joe Turtelo, member of the July 4 Committee, urged Council approval of this (104- 001) item. c) The following persons spoke on matters not related to an agenda item: Joel Simpson, Brakesliew Enterprises, reported that they have challenged elected officials that they wish to speak to the State Assembly to comment regarding SCE meters, and refunding money to the public. Betty Tummello, resident, was referred to the City Manager concerning the Mayor's schedule for attendance at a meeting on June 13, concerning bus transportation. Gary Ewing distributed Byers concerning a car show at the Wyndham Hotel June 21-23, proceeds to benefit the American Heart Association. Mark Bragg, resident, commented concerning bond financing for the Shadowrock project, and provided a question & answer fact sheet, relative to request for the City to serve a sponsoring entity of the next Shadowrock bond issue for (116- approximately $20 million, with no risk to the City's general Fund or credit 089 ) rating, for which it will receive a fee of about $225,000 as sponsoring entity. He stated that the state-wide gaming initiative has been authorized by the Secretary of State to be signature -verified by the various County Registrar of Voters to determine sufficiency of petition, and he expects the matter to be on the November ballot. Jessica Scarff, resident, Vice -President of Shadowrock, stated that the financing mechanism is the same as used in Indian Wells for creation of a golf course; and that the Shadowrock project will create 300 construction jobs, and 500 permanent jobs. Matt Salvador, resident, commended the Police Department, the Animal Shelter, and the Council, for all doing a fine job. LEGISLATIVE ACTION: 2. AIRPORT NOISE MITIGATION PROGRAM AMENDMENT Recommendation: That the Council authorize submittal of an amendment to the Airport's Federally approved Part 150 Noise Mitigation program for inclusion of a Noise Monitoring System. (061- 046) Mayor stated he would abstain for reasons previously stated. 0104 Council Minutes 6-5-96, Page 4 2. AIRPORT NOISE MITIGATION PROGRAM AMENDMENT (Continued) Director of Transportation reported that this is the final action pursuant to the agreement with ROARE; that amendment to the program was developed, reviewed and approved by the Airport Commission and the noise sub -committee for submittal to the Federal Government for its review and approval. In answer to questions by Council, be stated that there will be a total of 10 permanent and 2 portable monitoring stations. Minute Order 5745 as recommended, was presented; after which, it was moved by Oden, seconded by Hodges, and unanimously carried, tLnt MO5745 be adopted; Kleindienst abstaining. 3. VILLAGEFEST SUMMER CLOSURE Recommendation: That the Council authorize clu:,.e of the VillageFest from July 4 through August 29, 1996, for a total of nine weeks. Downtown Development Director reviewed in detail the memorandum of the Director of Economic Development, which is on file with the City Clerk; noting that VillageFest is a self -funded event; that for the event to remain open July 4, it would mean double time and one-half for city employees, and to re -open for only two weeks hereafter, would be confusing for advertising, vendors and patrons; that the loss during that time would be about $2,700, and if the vendors wanted to make up that amount, slaying open could be considered; that the event struggles to break even, which it should do this year:; that the costs are high because of private security; that there was no intent to short -shrift the tourism value of the event, but closure is based on business decisions and concern that losses might not be recoverable until the end of the season; that the Commission felt there would be pressure to approve applications, which might not otherwise be approved. In answer to questions by Council, the stated that attempting to plan activities in conjunction with the fireworks show, would be taking the event out of downtown; that he felt the added entertainment and private security stretched the event and staff energy; that the closure was not voted on by the VillageFest Board, and it fell. there generally are no applications in the summer, and would be pressured to approve any application just to secure the revenue; that the VillageFest Coordinator is under contract to the Parks & Recreation Division, and his role is to coach her to make contacts and to get a stronger mix of vendor; that the sutnmer period is a time for reassessing goals and developing new plans; that the budget is through the Parks & Recreation Division, for which decisions are made by its Director, as to where to take losses; that he receives monthly statements from him and lie tries to be sensitive to ensuring than the event breaks even. He stated he has never received any compensation for his involvement with the. event. Councilmember Hodges stated that she did not think the event should be held on .July 4, which would be in self -competition with the City, nor pay double time and one-half; that the summer schedule for the event has varied each year and there is no precedent; that she favored closing July 4, and remaining open through July, with closure in August and a reopening in September - thereby closing only 5 weeks; that it may be a drain on the budget but, but it is funded on a yearly basis, and it can be made up during the year; that there were added expenses this year with security and there may be a need to look at its financing overall at a later date; and that she favored moving toward a year round event beginning in 1997, noting that there are European and other visitors, and the City should make its own events year round. Councilmember Spurgin agreed, and added that this time of year merchants need as much help as they can get; that the event gives local people something to look forward to, and adds life during the summer. Councilmember Oden agreed that the event should move to year round, and questioned if it was possible to remain open in July after the Fourth, without going into debt; that Ire agreed with the success of the event, and what it brings; and that if it cannot make it, then ways of offering assistance need to be found. (050-- 018) 0105 Council Minutes 6-5-96, Page 5 3. VILLAGEFEST SUMMER CLOSURE (Continued) Mayor noted that the loss in 1994 was about $3,294 and $1,360 in 1995, and as the event is structured, losses can be expected in 1996, and recovery during the coming season would have to be looked at, unless there were quick changes to the fee structure. ' Councilmember Barnes stated that a nine week closing would cause the downtown to suffer; that he agreed with the year round aspect, and appreciated that the event is highly regarded; and that lie agreed with die five -week closure. Il was moved by Spurgin, seconded by Oden, and unanimously carried, that VillageFest remain open during July, with the exception of July 4, and be closed during the five Thursdays in August, and reopen September 5; and that the VillageFest Board look at the possibility of a year round event, commencing in 1997-98. 4. COMMUNITY FIREWORKS DISPLAY Recommendation: That the Council approve agreement with the Palm Springs/Cathedral City Community Fireworks Committee for the 1996 fireworks display at the PSfIS stadium. Director of Parks, Recreation & Golf Course reviewed the details of the. Director of Public Works, reported that the Parks & Recreation Commission favored the request, as long as Cathedral City did likewise; that the final decision of Cathedral City was for it to provide police services this year and no fire services - or about $750 in -kind, plus the $2,500 cash contribution; that Palm Springs' in -kind would be about $1,300 for police and fire; that the contract with the provider is only for one year, and is the same contract form that was used two years ago. City Attorney commented that if rotation is intended, it is not a part of the proposed document. Councilmember Hodges stated that this has been a Palm Springs event for years, and will be so even in 1996, and if Cathedral City is gracious to give police set -vices and a (104- financial contribution, that is nice, and it should be taken; and if circumstances change 001) next year, it should be considered at that time. She added that one city should not pay for it entirely, nor should nine cities have separate shows, and it would be wonderful to have several cities join together, and to rotate the event. Mr. Turtelo stated the discussion with Cathedral City was a chamber of commerce discussion, and in which it was said the show would be in Cathedral City next year, assuming all governmental regulations could be met and the school facility was available. Councilmember Oden stated that he liked the two cities working together on an event which fills an emotional investment and fact that both are making a contribution, and he had no problem with the event being in Cathedral City next year, since it is being done jointly because of the financing of the program, and recognizing that the community would at least get one-half of the event it has become accustomed to; that it is a one year commitment, and one which can be revisited, even if the City wanted to do its own. Mr. Turtelo stated that the two cities cannot afford to put on two separate quality shows, and the joint effort is recommended. ' Councilmember Barnes stated that he considered it a great arrangement, and the more groups and people who participate, the more likely the event will become a reality, recognizing it is a very expensive effort. Discussion followed on whether the contract should be subject to Cathedral City's matching of in -kind services, and the idea of rotation. Director of Parks, Recreation & Golf Course stated that there is no agreement between the cities, rather an agreement between each city and the provider; that Cathedral City has agreed to pay the provider 0106 Council Minutes 6-5-96, Page 6 4. COMMUNITY FIREWORKS DISPLAY (Continued) $2,500 cash, and provide $750 in -kind police service; that payment is made to the provider; and that any charges above the in -kind contribution would have to be paid for by the provider. Minute Order 5746 as recommended, was presented; after which, it was moved by I Hodges, seconded by Spurgin, and unanimously carried, that MO5746 be adopted. 5. DEMUTI-I PARK - PACIFIC BELL LEASE Recommendation: That the Council approve a ground lease with Pacific Bell Mobile (109- Services, to allow it to install communications equipment which will improve the quality 005) of cellular phone transmission in Palm Springs, A. City Manager reported that he needed to confirm location for the proposed equipment against another pending project, and requested this matter be continued to an adjourned meeting on June 12, 1996. So ordered. 6. VEHICLE REPLACEMENT POLICY Recommendation: That the Council approve a new replacement policy for City -owned equipment. Director of Transportation read details of his memorandum, which is on file with the City Clerk, which puts a new policy into place that reflects current practices, and addresses some additional areas. Ile responded to questions for clarification, noting that "fleet operations personnel" refers to the Fleet Operations manager and Supervisor, and his approval if required; that vehicle replacement and other factors are tracked through � 114- , computer programs, and no replacement is made without an evaluation whether there is 004 ) additional life to the vehicle Councilmember Hodges requested that when the procurement ordinance is revised, she has no problem with an increase in die used vehicle limit to $210,000, provided there is a checks and balances involving the City Manager's approval. In answer to questions by Council, Director of Transportation slated that the police units are purchased without the added specialized items, and such items are used on replacement vehicles to the extent that the newer model body style accepts them, otherwise new items must be purchased and installed; and that "fleet operations personnel" refers to the Fleet Operations Supervisor and Fleet Operations Manager, who make recommendations to him for his final approval. City Attorney suggested that the policy be revised to reflect specific designated position titles in terms of "fleet operations personnel," and a section entitled "Methods of Acquisition" be added to reflect Chat the acquisitions shall be made in accordance with the purchasing/procurement ordinance. Resolution 18834 establishing the policies and rescinding Resolution 14138, as recommended, was presented; after which, it was moved by Hodges, seconded by Odeu, and unanimously carried, that R18834 be adopted, subject to additional revisions as recommended by the City Attorney. 0107 Council Minutes 6-5-96, Page 7 TAHQUITZ CREEK RESORT COURSE - TOURNAMENT & GROUP PLAY POLICY Recommendation: That the Council approve a policy for tournament and group play at the Talrquitz Creek Resort Course. Director of Parks, Recreation & Golf reviewed (lie memorandum of the Director of Public ' Works, noting that most of the tournament policies for the Old Course are included in the lease, in which Palmer has complete control over play on the course; that Palmer is responsible for negotiations and contract development for fee tournament and group play, with a primary goal to maximize revenue, under the management contract for the Resort Course. He staled that the proposed policy includes criteria for applicants for tournament fee waiver, and is detailed in his memorandum. Councilmember Hodges stated that she was pleased with the work, and respected the (092- expertise of Palmer; and suggested that Section 2 a. be revised to make it mandatory 013 ) rather than a recommendation that applications be submitted 12 weeks in advance of the event. Councilmember Oden agreed with Councilmember I-Iodges concern, and added there might be people who are not experienced in setting up tournaments, and questioned what assistance there might be for them to effectively put on such a project; that Ire liked the application, but not everyone is experienced in these matters, even though they may have good intentions, and helping put them in contact with others who can help them will be beneficial. City Manager noted that there is technical guidance available for worthwhile organizations, and the Director of Parks, Recreation & Golf stated that there are people to whom applicants can be referred. Mayor stated that it should be clear that the policy not infer there are staff people ready to run a tournament for anyone; and that he wanted the application to state clearly the number of times, and in what manner, the reference will be made to "Palm Springs," in terms of promotionals and during the event. Minute Order 5747 approving the policy, subject to revisions above noted, was presented; after which, it was moved by Oden, seconded by Hodges, and unanimously carried, that MO5747 be adopted. S. MUNICIPAL CODE AMENDMENTS Ord 1532 re Transient Occupancy Tax condominium -hotel in -lieu payment Mayor and Councilmember Hodges stated that they would abstain due to a business (103- relationship. City Attorney stated that the members had previously drawn lots, and that 045 ) the Mayor was still authorized to vote on this matter. City Clerk read title of Ord 1532, as presented; after which, it was moved by Oden, seconded by Barnes, and unanimously carried, Hodges abstaining, that further reading be waived, and that 01532 be adopted. Ord for re -introduction & first reading concerning Visitor & Promotion Commission. City Attorney explained the changes made since the last meeting, i.e., providing for an interim appointment of applicants not filling the specific category, for a one-year period, after which, an effort would be made to again recruit for the specific category, and if that (060- also was not successful, additional interim appointments could be made, until a qualified 024) applicant is appointed. He stated that concerning Assistant City Attorney's previous comments regarding disqualification to vote, he has tried to establish this as a trade or industry predominant in the community, which is a basis for exemption; that he has attempted with this commission to approach it from that view, although it does not always work, but it gives additional flexibility; that he has talked with the PPPC staff about the potential for [hat, and there must still be a review on a case by case basis, but basically all categories would have to be eliminated to remove that possibility; and that the 0108 Council Minutes 6-5-96, Page 8 8. MUNICIPAL CODE AMENDMENTS (Continued) categories have been found to be representative of the total industry. IIe noted typographical error to be corrected in that there are three at -large designees. Mayor stated that he felt the category requirement for a designee representing the real estate industry be limited to one hold a "brokers license" was too restrictive, and limited the possibility of choosing a person representing the rental industry. Councilmember Oden stated that lie felt that was one of the reasons for increasing the at - large designation, to allow consideration of including such an applicant under that category. It was the consensus of the Council that "brokers license" was too restrictive, and it would be revised to "real estate license." City Clerk read title of the Ordinances, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING CHAPTER 2.23 OF THE PALM SPRINGS MUNICIPAL CODE AND ADDING A NEW CHAPTER 2.23 THERETO CONCERNING THE VISITORS AND PROMOTION COMMISSION. It was moved by Hodges, seconded by Barnes, and unanimously carried, that the ordinance be revised to make the typographical correction, and that "real estate license" replace "brokers license" in the representation for the real estate industry; that further reading be waived; and that the Ordinance be introduced for first reading. ADDITIONAL LEGISLATIVE ITEMS: 9A. MID -VALLEY PARKWAY - R/W LAND ACQUISITION Recommendation: That the Council authorize acquisition of r/w for the Mid -Valley Parkway from the Coachella Valley Water District, for portion located on the west bank (123- of the Whitewater River (WWR) Stortnwater channel in Section 20. 020) City Attorney reported that negotiations have been on -going with property owners for both the fee and Indian lands; that the alignment crosses the W'WR storm charnel, and although the District is agreeable to the price, its concern is about The roadway in the storm channel; that it has been accustomed to having a license agreement, rather than an casement; that the City opposes a license agreement because a 30-day cancellation would not be workable with the bridge involved; that the easement contains significant obligations, which are different than he would have drafted, i.e., the City shall maintain the bridge and not interfere with the use of the channel for storm water proposes, and shall build and maintain the bridge to correct any conditions created in the channel impeding the purpose of the channel, and shall indemnify and hold the District harmless from failure to exercise that obligation; and that if there is future work in the channel by the District, the City acknowledges that the purpose of the channel is flood control and the District's title has priority and it is not responsibile for changes to the bridge because of redesign of [lie charnel. Ile stated that in that regard, the City added language that the District must be reasonable in its design so it does not have to make changes in the bridge. He stated that there is a concept in condemnation law, where there is an allocation of responsibility between two public users and a determination is made as to the more necessary public use, and that the District may have an argument along that regard, and he felt a reasonable effort has been made. IIe recon;imended approval of the easement and agreement. Resolution 18835 as recommended, was presented; after which, it was moved by Hodges, seconded by Spurgin, and unanimously carried, that R18835 be adopted. 9B. MID -VALLEY PARKWAY - R/W LAND ACQUISITION Acquisition of right-of-way from Hardwoods, Inc. City Manager stated that this matter (123- was not ready for action, and reported that it will be rescheduled to a later date. 020 ) 010 Council Minutes 6-5-96, Page 9 CONSENT AGENDA: 10. MO 5748 approving assignment of agreement for the Palm Springs Car Classic from (050- Classic Marketing Ltd to E.J. Urbanovitch Enterprises, Inc. (A3602). 028 ) it. Res 18836, 18837 and 18838 approving Payroll Warrants and Claims & Demands. (086- Hodges abstaining on Nos. 910651 and 910509. 014) It was moved by Spurgin, seconded by Oden, and unanimously carried, that MO 4759 and Resolutions 18836 through 18838 be adopted; Hodges abstaining as noted. ADDED STARTERS: None REPORTS & REQUESTS: a) Airport Conmrission Work Program, 1996-97 Received for Filing (060- 001) CITY COUNCIL reports or requests a) Finance Committee: Mayor noted that formal action has not been taken, and (070- moved for the appointment of Councilmember Spurgin to the Finance Committee; 001) said motion seconded by Hodges, and unanimously carried. b) Councilmember Oden reported on his attendance at the Inland Empire Lenders Community Development Corporation meeting, on which he sits as a member of the Advisory Board of Directors, which is a part of the County Community Development Agency, for the purpose of providing financial assistance to start-up businesses, or those who are "nearly bankable," as well as a program working with local banks. PUBLIC reports or requests a) Darrell Meeks, resident, restated comments concerning VillageFest and notice of closure given by the Downtown Development Director, adding that its advance notice may mean vendors have already made other plans. STAFF reports or requests - None ADJOURNMENT There being no further business at 10:45 p.m., Mayor declared the meeting adjourned to June 12, 1996 at 7 p.m., in the Large Conference Roan. dUDITH SUMICII- City Clerk