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HomeMy WebLinkAbout1997 - MINUTES - 4/2/1997 CITY OF PALM SPRINGS CITY COUNCIL MINUTES APRIL 2, 1997 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 Taltquitz Canyon Way, on Wednesday, April 2, 1997 at 7:00 p.m. ROLL CALL: Present: Couucilmembers Barnes, Hodges, Ode::u, Spurgin, and Mayor ' Kleindienst Absent: None The meeting was opened with the Salute to the Flag, led by Boy Scout Troop 86 , and all invocation by Rev. Andrew Greene, Church of 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 March 28, 1997. DEPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (Ail Entities) - No Closed Session held. HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY -COMMUNITY REDEVELOPMENT AGENCY No business PRESENTATIONS: CDBG -Brief comment by City Manager; noted hearing date April 16, 1997 APPROVAL OF MINUTES: It was moved by Hodges, seconded by Spurgin, and unanimously carried, tlla( the Minutes ' of March 5 and 19, 1997, be approved. COUNCIL COMMENTS/ANNOUNCEMENTS a) Mayor and Comtcilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. INTERAGENCY REPORTS: a) Councilmember Hodges reported on CYAG Executive Cotmmittee action, noting that by a split vote, the Committee granted a time exteusion to the Gaming Task Force to see if it could raise the funds for its study, even though it has been in existence for 4 1/2 years and has not been able to do so tams fat; and that concerning the 20-20 Project, PM-10 funds must be sprint by September 30, and she urged that any projects which may be ready to proceed be added to the requests for funds, as there may be unused funds remai;uiug. b) Mayor repotted on tine RCTC meeting, and possible restructuring of the entities which control transportation funds, noting .that it is In a preliminary stage, and additional meetings will be held again in 30 days. He added that Senator Kelly has introduced a bill which would make Indio the center of transportation ill the Valley, and the City needs to look closely at the impact of that. PUBLIC COMMENTS: 0h' Council Minutes 4-2-97, Page 2 a) Comments concerning Item 1: Dick Sroda, resident, commented on budget cuts approved in the City of Riverside; an unsuccessful ballot measure in San Bernardino; and that the "stars" ' are "no name" persons, and the promoter gets one-third of the cost of the star, and (129- that they have not filed appropriate statements with the Attorney General. He also 002) supported approval of the Item 5.. Gerhardt Frenzel, Walk of Stars, stated that that all required statements have been filed since 1986 with the appropriate slate and federal agencies, and a certificate in good standing was received from the Attorney General last year. fIe thanked the City Attorney and staff for help in bringing the agreement to completion. Barbara Foster Henderson, resident and volunteer in the Stars program, stated that the debate as to who is a "star" is dependent upon one's age. She also commented on her proposed sports center at the former market fair site on E. Ramon Road, and noted that no City funds will be involved. b) Comments concerning Item 6: Charles Koller, Village Center for the Arts (VCA) stated that they have been trying to do what they can to make things work at the Frances Stevens park; that their first option was the sole use of the property, and secondly it would have been (117- better to look at all three uses and how the space might be reconfigured, which is 038) why he thought die Council committee was appointed; that they only met with the committee on April 1; that lie did not see anything at the last meeting which implied that they were to bring a check for the rent, however, they are prepared to ' do so; that fundraising efforts are being thwarted because of the uncertainty as to where their "home" will be, and assurance is needed from the Council that they will have the Frances Stevens location for at least one year; and that Mr. Ogburn met with him on the prior Saturday, and was excited about having everything fit, with the dance company moving to the cafeteria. c) Comments on matters not related to an agenda item: Dana Kay, owner Covers for Lovers, stated that she has received preliminary approval for her relocation, and has appealed some of the conditions, and asked that the Council study the issue; and added that it has taken her six months to get this far, which she considered too long, and discouraging to new business. d) Comments concerning multiple items: Darrell Meeks stated that there is no "concerned citizens of Palm Springs" group registered either with the Secretary of State, the City Clerk, or as a fictitious (050- business; questioned why waiving of regulations on an event (Item 7) was only 028) being done 2 weeks before tie event; and commented concerning Item 16, expressing opinion that the spirit of the law and the letter of the law, in this (096- instance, should be decidedly a judge, that he considered it a mistake to settle it 005) and could not find that the City Attorney had recommended it, although he recognized that the document was prepared by the Attorney's Office, and ' considered it an embarrassment that the Mayor should have to send a letter of appreciation to Mr. Weithorn for his work in revising the dangerous/vicious animal ordinance. LEGISLATIVE ACTION: Council Minutes 4-2-97, Page 3 1. WALK OF STARS PROGRAM Recommendation: That the Council approve ten-year contract with the Walk of Stars for the production of the Walk of Stars Program, A3781. Director, Parks, Recreation &: Golf reviewed his report, noting, that the concerns of the Council related to maintenance of the stars, liability, and it nproving the friction co- 002' efficiency; that an agreement has been developed with the assistance of the City Attorney, which covers a ten year period, and addresses these concerns, as well as a process for encroachment permit, establishing a maintenance fund, and waiver and hold harmless by donor, right of the City to make an appointment to the Selection Committee; and that the timeline in both exhibits is 10 days. In answer to questions by Council, he stated that the new friction co-efficiency will apply to new stars, and can be looked to in the future for the existing stars perhaps under the maintenance fiord; that the review is quarterly, with an annual cost adjustment permitted; and that a list of the "stars" along with a map of locations, both i.ustalled and anticipated, is on file and a copy previously was provided to the Council. Councilmember Spurgin stated that the Walk of Stars adds to the downtown, however, she did not favor a 10-year agreement, and preferred a five-year contract, with a 5-year option. Mr. Frenzel indicated that the 515 would be acceptable. In response to comment by Councilmember Oden, City Manager stated that tie staff will look at means or institutionalizing die program, to assure its continuance in the event the Walk of Stars organization ceases. Minute Order 5926 approving agreement to be revised to a five-year term, with one five- ' year option, was presented; after which, it was moved by Barnes, seconded by Hodges, and unanimously carried, that MO5926 be adopted. 2. PSDRCVB - ANNUAL CONTRIBUTIONS Discussion of possible limits on annual contributions to the Palm Springs Desert Resorts CVB. Councilmember Hodges reported that she will schedule a meeting with Tim Ellis and Mike (050•- Fife, and upon completion of it, will request the City Manager place this suUJect on an 008) Agenda for Council review. Councilmember Spurgin requested that it be accomplished before the Council begin budget review. 3. MUNICIPAL CODE AMENDMENT - STORM WATER MANAGEMENT & DISCHARGE CONTROLS Recommendation: That the Council amend the Municipal Code ito add Chapter 8.70 io the Municipal Code concerning storm water management and discharge controls. Director of Transportation reported that the City joined with the flood control agencies to (103- establish ,coverage under the NPDES Permit for storm water discharges, and that the 045) ' proposed ordinance relates to non-storm water discharges, discharge to municipal separate storm drains, and reducing pollutants in storm water discharges to the maximum extent possible. 0 Council Minutes 4-2-97, Page 4 3. MUNICIPAL CODE AMENDMENT - STORM WATER MANAGEMENT & DISCHARGE CONTROLS (Continued) AN ORDINANCE OF THE CITY PALM SPRINGS, CAL117ORNIA, ADDING CHAPTER 8.70 ENTITLED `STORM WATER MANAGEMENT AND DISCHARGE CONTROLS" TO THE PALM SPRINGS MUNICIPAL CODE. It was moved by Hodges, seconded by Oden, and unanimously carried, that further reading be waived, and that the Ordinance be introduced for first reading. 4. PROP. 208 - CAMPAIGN EXPENDITURE LIMIT Council discussion, direction and action, if any, concerning establishing a campaign expenditure limit for candidates to local city elective offices. City Clerk reviewed her memorandum, noting that under the new legislation, a city is permitted to establish voluntary expenditure ceflmgs for candidates for elective office and for the controlled committees of such candidates; that without an expenditure ceiling, the contribution limit per person for a jurisdiction of this size is $100 in a calendar year; and (103- with the ceiling, the limit may be changed to $250; that the expenditure ceiling may be set 045) at any amount tip to $1 per resident of the jurisdiction (42,702); that if the ceiling is established, a statement accepting or rejecting the voluntary ceiling is required prior to accepting any contributions, and the ballot pamphlet and sample ballot shall designate those candidates who accepted the voluntary ceiling. In answer to questions by Council, Assistant City Attorney stated Councilmembers could participate in the discussion whether they would be seeking re-election, and that there ' would be no conflict of interest, since the passage of Prop 208 provides the ability for the legislative body to set the expenditure limit; and that the voluntary expenditure ceiling would apply to either mayor or city council elective office. City Clerk stated that until repealed, the expenditure ceiling would apply to all further municipal elections at which elective offices are being voted on, and biennially, the population base for the ceiling would have to be determined by the City Council, e.g., in 1999 prior to the November, 1999 election. Mayor stated that the Council has previously received various materials related to Prop 208. In response to his questions, City Clerk stated that if established, the expenditure limit applies regardless of the date of the election, but that funds cannot be collected sooner than six months before the election, not more than 90 days after (lie election, in order to raise finds to cover debts associated with that election; and that excess or "surplus" funds are limited as to how they can be spent. Councilmember I-Iodges stated that she did not see any problem in establishing an expenditure ceiling, and noted that there is a tremendous amount of money which has been spent to gain office; and at times, it seems ridiculous. Mayor stated that if the $1 limit is established, a candidate could spend as much as $41,702 and collect up to $250.00 per person. Councilmember Oden stated that the intent of the Proposition was to put in some limits on election costs; and he did not have a problem with the $1 per resident ceiling. Councilmerber Barnes stated that with the limit in place, a candidate will find it difficult to reach the $41,000 even with the $250 maximum contribution. Council Minutes 4-2-97, Page 5 4. PROP. 208- CAMPAIGN EXPENDITURE LIMIT (Continued) City Clerk read Title of the Ordinance as follows: AN O1:DINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 2.04.100 TO CHAPTER 2.04 OF THE PALM SPRINGS MUNICIPAL CODE, ESTABLISHING A VOLUNTARY CAMPAIGN EXPENDITURE CEILING FOR ELECTIONS TO CITY OFFICES. after which, it was moved by Barnes, seconded by Oden, and rmanimously carried, that further reading be waived, and that the Ordinance be introduced for first reading. 5. FRANCES STEVENS PARK - THEATER PROPOSAL On March 19, 1997, the Council continued consideration of approving a ten-year lease with Palm Canyon Theater, A3785. Downtown Development Director reported that based on the sub-committee input, the recommendation is structured to authorize the lease, which does not include the arts site, and he displayed the Park layout, showing the relationship of the buildings and uses. He explained the improvements that would be made by the Laynes; that the lease space would (117- be at 12 cents, and the shared space at 6 cents, and the "yellow" space would be sublease 023) either by them or by the City; that the shared spaces includes the restrooms, office and library area; that he met with the Beek's regarding the ballet company needs, and it would take time to build another building, however, the "cafeteria" area, currently under rental agreement with Desert Arts Center (DAC), could be made suitable, depending on the removal of a partition and floor treatment, and if the Behman offer does not develop, it would be another option; that he spoke with Desert Arts Center rand it is agreeable to such an arrangement, done in the proper manner. He highlighted the theater lease terms. Councilmember Barnes stated that the sub-committee determined it was necessary to know the direction of [lie park per se, and the best use of it as a City asset, recognizing that it was also looking at the fate of the VCA; that in each scenario that was considered, and after talking with the Public Arts, Historic Site Preservation, Planning and[ Parks & Recreation Commissions, it was clear that a theater was considered a great asset; that VCA agreed that an arts/theater center for the park is appealing; that the sub-committee then tried to consider other options as to how much square footage there should be, and what kind of entity there should be placed in the "yellow" area; dial. VCA would need to do certain things in order to stay at the site; that the concept was to create a center rather than the park as it has been known in Cue past; that it was felt the VCA would best be protected by having the "yellow" space under the City's control, so VCA would have die two weeks do so some of the things that are essential; and that, the sub-committee's recommendation was to proceed with the lease with the theater, for the "pink" and shared spaces, and for the City to retail the right to lease the "yellow" or south wing. Mayon- added that the Downtown Development Director was also integral in putting together a festival/arts plan for the Park, which was going forward until this issue surfaced; that the Planning & Building Director was asked to delay a proposed hearing until after the issue is resolved; that the Chair of the connmissions referred to agreed that a theater would be a welcomed part of the theme for the Park; that there are some concerns with the VCA Board regarding the rent due, and he understood it was reluctant to raise funds if it did not have a home, but there has been no movemenE to paying the debt; that the subcommittee ' was looking to a means of securing the theater and still allow working with VCA to define what it will do, and how it will be, done; that all issues cannot be solved in two weeks, rather a level of confidence can be set for endorsement and support of the theater, and continuation on the master planning for die remaining of the site. In answer to question by Council, he slated that the parking on and off-site is being re-evahaated. W-15 3 Council Minutes 4-2-97, Page 6 5. FRANCES STEVENS PARK -THEATER PROPOSAL (Continued) Downtown Development Director stated that it is being looked at as part of the parking management plan being drafted by Planning & Building Department, based on 1,000 people at an event, as part of a CUP; and for outdoor events, it has been found that there is ' sufficient parking in the area, along with vacant parcel offered by Mr. Wessman, and improvements regarding the lot adjacent to the Catholic Church parking lot, i.e., there are 55 spaces on site and around the premises. Councilmember Spurgin stated she was concerned about the parking, as well as the City holding a lease, and she questioned what specifically VCA has to do which is considered essential; and she raised questions concerning the financial statement.. Mr. Koller responded to her questions, and stated that the report covered July i to February 28, in terms of income and expenses. Councilmember Barnes stated that VCA needs to deal with the rent, as well as looking at outreach programs, and making itself more visible. Mayor stated that the Downtown Development Director has been working the ballet group to establish another space, including possibly the Youth Center or the Belrrnan offered (117- 023 property, and will continue with the intent to work out details with VCA, for a one year ) lease for the remaining "yellow" and "gray" spaces, during which time, VCA can demonstrate what it can do to the Council. He slated that he was concerned that as much occupancy as possible be in place to do as many things as can be done to directly and tangibly improve the quality of life in Palm Springs; that he orily supported making a city facility one in which the majority focus is based on Palm Springs, and lie was disturbed that the Nutcracker went elsewhere, particularly if it is a the premier event for this facility's ' use; that the DAC works on the banner programs in return for rent credit, and something similar could apply to VCA; that he favored street performances at VillageFest, and would like to see VCA draw in more of[be schools, as well as draw visitors to the center; and he would like it to be so utilized, as to have created a parking problem. Couucilmetnber Spurgin stated that the Nutcracker is to return to Palm Springs; that she is very enthusiastic about the theater and the potential it has, however, she would not vote for it at this time, because she did not feel the Council has exhausted all efforts that could be expanded upon with the VCA, and she wanted an opportunity to bring it back if VCA needs more time. Councilmember Hodges stated she agreed with many of things which had been stated; that she was under the impression that the subcommittee was going to meet and the broad picture of the Park would be looked at, and it would come back to the Council with a proposal from the three users; that she had hoped to see three leases; that she was concerned that it not be done piecemeal, and she did not want to lease a major portion of the facility without knowing what the remainder will be used for; that she was disappointed that the subcortunittee only met with VCA on the day before this meeting, and was concerned that it might not have met with DAC at all; that she would not vote for the proposed lease, not as a vote against the theater, but against a plan which does not have all pieces necessary; that she has respect, loyalty and faith in VCA, and that it has been a big asset to the community for many years, and much of its work has been done behind the facade of the Frances Stevens School, but is known to its students who are residents of the ' community who are both young and old. Mayor stated that it has been a difficult task, particularly with prior time commitments; that the proposed action would not result in losing two users, rather of securing a third; that there, were eight meetings in the past two weeks, including the meeting with VCA for its input; that the Downtown Development Director took die lead in meeting with the DAC and it is willing to allow use of the portion of the facility which it controls; that a home is being offered to VCA (the "yellow") and it is looking at two other spaces on its own; that he believed it would have been unrealistic to expect to have had three new leases in two weeks; that lie felt everyone who has looked at the site still consider it a viable site and one which will be even greater than it has been. Council Minutes 4-2-97, Page 7 5. FRANCES STEVENS PARK - THEATER PROPOSAL (Continued) Councilmember Barnes stated that the subcommittee considered the theater as the "heart" of the center, which is why it took so long for the subcommittee in concluding that the theater is essential to the park, and that it wanted to maintain control of the usable buildings and space. Comncilmember Hodges stated her comments were not critical of the subcommittee, but she did not agree with the approach being taken; that site was not opposer] to the theater, nor did she hear any report as to the willingness of the other groups to take the other spice, and did not understand why the three users were not considered as a part of the whole package. Mr. Koller stated that he felt that everyone likes the concept; that VCA favors the: theater in the "pink" area and appreciates allowing the ballet company to remain on site until May 10; that VCA has had a "wake-up-call" and people have communicated with them, who have not done so for many years; that he has potential contributors, but they are (117- queslioning where VCA is to be located before making contributions; that VCA is willing 023) to lease the space designated for it for one year, as Hong as it knows that the City has given it that one year and that it will share the "blue" areas for that same time; that it is not a good idea for VCA to split its campus, and DAC is indicating it is willing to transfer the "gray" to the ballet company; that the Nutcracker will return to Palm Springs; that VCA has been doing outreach programs, quietly for 30 years; that VillageFest has given approval to waiving the fee and allowing VCA to set up during the event; [hat VCA would like to do the banner program, and have more festivals; that under the Council policy it could have had no more than two art events at the Park per year, and it is willing to do other than art shows; and that it wants to be a vital part of the community. Councilmember Spurgin recommended that the Council accept the theater lease, and agree ' to lease the "yellow," "gray," and "blue shared" spaces to VCA, in a form subject to the approval of tie City Attorney, and language provided by the subcommittee. Mayor stated that [he "gray" area is currently tinder control by DAC. Councilmember Oden stated he preferred that the subcommittee continue its review and recommendation; that there has been a lack of communication and misunderstanding between the Council and the VCA Board, and he would not like to make generalizations as to how VCA should be addressed, rather that the Council continue with the process it established. Minute Order 5927, as recommended, was presented; after which, it was moved by Oden, seconded by Barnes, and carried by the following vote, that MO5927 be adopted:, ALES: Barnes, Oden and Kleindienst NOES: Hodges and Spurgin ABSENT: None ADDITIONAL,LEGISLATIVE ITEMS: None CONSENT AGENDA: G. MO 5932 accepting proposal of Dorn Technology to upgrade flic City's Risk Management , 17 huformation System (RMIS) from a DOS Format to a Windows format, for $a0,990; funded (1 - from; subrogation money collected during the current fiscal year and from insurance 038) reductions realized. City Manager provided clarification, as to source of finding; after which, the MO was approved by separate vole, upon motion by Oden, seconded by Spurgin, and unanimously carried. 7. Res 19003 suspending specific regulatory ordinances to accommodate the production of the (050- 1997 Patna Springs Car Classic, April 1 S 20, f 997. 028) Council Minutes 4-2-97, Page 8 8. MO 5928 ratifying Agr #3777 with MacKenzie&Associates for appraisal services related to the (051- Runway extension, and approve Amendment Nl thereto to add two additional parcels, for a total 046) contract of$5,800. Kleindienst abstained(Airport master plan related) 9. MO 5929 ratifying Change Order No. 4 for a decrease of $5,270, and in the project time by 4 (123- working clays, for contract with Granite Construction Co., for the Mid-Valley Parkway, CP94- 020) 19, A3670. 10. MO 5930 approving submittal of bid to hold the 1998 Senior Softball World Series in Palm (050- Springs September 25-October 4, 1998. 007) 11. Res 19009 approving Final Tract Map 26364-1 for Southland Group, Inc., to divide property at (137- 2121 and 2221 North Sunrise Way 079) 12. See Item 17. 13. Res 19010 and 19011 approving Payroll Warrants and Claims & Demands. Abstentions: (086- Barnes: Nos. 919435 & 919525 (client); Hodges:-Nos. 919435 & 919458 (client); and Spurgin- 015) No. 919624 (spouse). 14. Res 19012 supporting passage of S131310, which would enable local voters to shift an additional (098- 1% of the sales tax rate from the State to the City. 003) 15. MO 5931 approving tort claim settlement and release, Ruby Grogg, $7,000. (096- 005) 16. MO 5934 approving tort claim settlement and release, Robert Weithorn, $6,200. The Minute (096- Order was voted upon separately at request of Councilmember Spurgin; no report was given; 005) and M05934 was adopted, upon motion by Barnes, seconded by Oden, and carried, Spurgin NO. It was moved by Spurgin, seconded by Oden, and unanimously carried, that R19008-19012 and M05928-5931 be adopted, with abstentions as noted. . ADDED STARTERS: None REPORTS &REQUESTS: 17. TOWING SERVICES Recommendation: That the Council authorize the City Manager to execute final negotiated agreement with each of the four approved towing operators: Dave's Towing Services, Mohica Towing Service, Brothers Towing, Inc., and Western Towing and Recovery; to provide on a rotational basis, the emergency towing services and vehicle storage for the Police Department. A3782 -3784(3). In answer to question by Council, City Manger stated that at the time the Council determined the basis for submittal of proposals, two options were provided, i.e., one was based on CHP criteria (143- of three-years of experience, which applied to three of the firms, and the second option was 004) based on an alternate experience base of vehicle emergency service response; that tie Council selected the second option at that time, which is why the four firms were presented for approval. Mayor stated that he appreciated that the option allowed four firms, however, even with three there is backup; and he was concerned about tie lack of experience. ' Councilmember Spurgin staled that she was concerned that the existing contracts had to be extended, and there was a delay in waiting for the firms to be in compliance with land use permit process, and she questioned why they were retained if they were not in compliance with the City's ordinance. Councilmember Barnes stated lie was also concerned about the experience issue, and that there is a lot of responsibility associated with an ambulance company, but diverse from that of a towing service, and he did not see them as overlapping each other; and that there is a potential for liability. q Council Minutes 4-2-97, Page 9 17. TOWING SERVICES (Continued) In answer to question by Council, City Manager stated that the first stage of the process was for the Council to determine which option was to be used, CUP only, or a broadening of it to include dispatch of emergency vehicles; and that the Council accepted) the latter option. ' Mayor read the criteria from the prior report, and questioned why the staff would have considered it an option for the Council, and he was not convinced that an ambulance service qualifies as a towing service, and reserved his prerogative to change his mind. Minute Order 5933, revised to reflect only Brothers, Mohica and Dave's towing services, was presented; after which, it was moved by Kleindienst, seconded by Barnes, and carried by the following vote, that MO5933 be adopted: AYES: Barnes, Hodges, Oden and Kleindienst NO: Spurgin ABSENT: None 18. DEPARTMENTAL REPORTS - Received & Ordered Filed a) Electric Franchise Payment- SCE, calendar year 1996, $1511,238.76 (089'- 001) CITY COUNCIL reports or requests a) Mayor requested an update on the Info Team at the next Study Session; a resolution at the next meeting concerning pending State legislation regarding sexually oriented businesses; and a report from staff report as to the term "residency" and what is it and what are the benefits derived therefrom, and if the ' Council is subsequently interested, the matter be scheduled for a study session. PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT There being no further business at 10 p.m., Mayor declared the meeting adjourned. JUDITH SUMICH City Clerk