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HomeMy WebLinkAbout1997 - MINUTES - 10/1/1997 'Ud `1 19 �u�oi;r CITY OF PALM SPRINGS CITY COUNCIL MINUTES OCTOBER 1, 1997 A Regular Meeting of the City Council of the City of Patin Springs, California, was called to order by Mayor Kleindienst, in the Council Chaiuber, 3200 Taliquitz Canyon Way, on Wednesday, October 1, 1997 at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the sleeting 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 die Flag led by Boy Scout Ti oop 905, and an invocation by Josephine McCall, Ist Church of Christ's Scientists REPORT OF POSTING OF AGENDA: City Clerk reported that the; agenda was posted in accordance with Council procedures on September 26, 1997. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 3 of agenda this date. PRESENTATIONS: PSHS Student Body Report (Kira Klatchko) Sunline Transit - Twentieth Anniversary & Public Information Plum. Report presented by Dick Cromwell including check to the City for rebate of $28,092 representing the cost savings on recently purchased CNG vehicles, From PM10 grant. Mayor read prockunation (143-- ou Sunline's anniversary and presented same to Mr. Cromwell. Sunline Special Services 002 Director presented report on route changes to be effective October 12, and the community and multi-agency participation process followed for input and ultimate approval by the Sunline Board. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: -No Business APPROVAL OF MINUTES: It was moved by Odell, seconded by Barnes, and unanimously carried, that the iminutes of August 20, September 3 and 10, 1997 be approved. PUBLIC HEARINGS: None PUBLIC COMMENTS: a) The following persons spoke on matters not related to an agenda item: Selena Tracer, resident, expressed opinion concerning H ighway Ill, and its need to be beautified with landscaped median and a fountain and new entry sign, which she felt would increase traffic into Palm Springs, and not be "bled off" to 1-10 to clown valley cities. Gladys McMillan, Dave's Jewelry, expressed hope to be able to resolve her problem concerning a suitable location in the downtown area. Frederick McCarey Ebeling, resident, expressed his opinion regarding relationship between fire Council and the City staff; and the likelihood of attracting business as a result of a refurbished City Hall. Dick Sroda, resident, commented concerning a recent "bounty hunter" offer to find City funds; on the utility user tax; and on lack of adherence to the City's own investment policy. Council Minutes 10-1-97, Page 2 Darrell Meeks, resident, commented that the report to the Council concerning how much money would be realized from the re-funding of the Convention Center hoods was incorrect, in that it was reported it would be $400,000-500,000, but it was only $304,000+, and that tile City should have had an independent, uninvolved, attorney's analysis as to legality and impact of the sale. He also questioned if there was a committee ill puce regarding the "super shuttle" aril who its members are. Greg Pettis, P.S. Youth Center Executive Director, reported on some of the new programs that will start at the Center. Linda Sroda, resident, recited a list or cities in Southern California in which voters rejected passage of a utility user tax. Eric Meeks, resident, commented regarding code enforcement and police actions which he felt were directed against hum personalty; that he was cursed at by the Downtown Development Director when he requested information regarding Main Street; that lie felt the City ,staff was lobbying for the utility tax; that he has applied for numerous boards and commissions and never been appointed; that he questioned who the individuals were who conducted the telephone survey on the utility tax; that the Desert Sun refused to publish letters in opposition to the tax; and that the City Manager guests as a talk-show Trost under an assumed name, and lobbies for the tax. COUNCIL COMMENTS/ANNOUNCEMENTSANTER AGENCY REPORTS: a) Councilmember Ode❑ reported on results of trip to Washington, D.C., noting in particular file grant offer of $5.8 million, of which $2 million is for the noise home-insulation program, and $3.8 million for the Farrell Drive relocation/runway project. b) Councilmember Hodges noted that CVAG has completed aerial photography, and enlargements will be ordered, and that the City Manager may wish to look at whether photographs which the City is using need to be updated, and perhaps the City could tag onto CVAG's order for enlargements. c) Mayor reported oil receipt of grants for the virtual university at the Library Center, and noted that SB138 has given ability to elected officials to participate in teleconference meetings, under certain circumstances, effective January 1 , 1998. He also announced the planning of a Veteran's Day Parade in Palm Springs. LEGISLATIVE ACTION: 1. FRANCES STEVENS PARK - PALM CANYON LEASE AMENDMENT Recommendation: That the Council approve amendment to lease with Palm Canyon Theatre to include additional area and electrical service upgrades, in a form acceptable to (I I7- the City Attorney, and rescind MO 6020, adopted September 10, 1997, related thereto. 117- A3785. Downtown Development Director reviewed his memorandum, noting the portion of the electrical improvements to be covered by Edison, Palm Canyon Theater, and portion to be paid upfront by City, but reimbursed from the Redevelopment Agency, from funds budgeted for improvement of Frances Stevens Park. Ile stated that the reimbursement will be covered by an agreement being prepared by the City Attorney, and forthcoming at a fliture meeting, and will cover improvements benefiting the project area. He stated that all work will be done by one contractor (other than Edison) and tie the on site improvements together, and will be constructed according to City plans and specifications; and that any costs in excess of the $25,500 which may result, will be paid for by Palm Canyon Theater. Council Minutes 10-1-97, Page 3 In answer to questions by Counciltnember Hodges, the Downtown Development. Director stated that the contractor is D. Mellilli Construction; after which, Councilmembe,r Hodges stated she would abstain as the contractor is a client of her employer. Minute Order 6033 as recommended, was presented; after which, it was moved by Barnes, seconded by Oden, and unanimously carried, Hodges abstaining, that MO6033 be adopted. ADDITIONAL LEGISLATIVE ACTION: A2. TRIBAL COUNCIL LAND USE AMENDMENT Consideration of Amendment 5 to Agr. 1324 with the Agua Caliente Tribal Council concerning its Land Use Agreement with the City, relative to deletion of parcels covered by said agreement. Director of Planning & Building reported that recent amendments to the land use agreement removed certain lands from coverage of the agreement; that the proposed amendment recognizes the goal of the Tribal Council to continue to acquire property around the casino (103-- and elsewhere and to remove those acquired properties as well from the land use agreement, 031) without individual amendment to the agreement, but by providing a 10-day notice to the City of any acquisitions. Ile stated that the purpose of the agreement is to utilize City codes and permits applicable to land use; that all decisions made by the City may be appealed to the Tribal Council; that the Tribe has acquired a parcel north of Amado Road, and has commenced grading work, and desires to proceed with parking lot construction without City permit processing. Tom Davis, Tribal Council Planning Consultant, displayed a map showing, reservation land, both in Palm Springs as well as outside of it, and parcels specifically to be held by the Tribe; and stated that the amendment does not affect allotted lands, nor land acquired by the Tribe which is not on the reservation, i.e., a parcel at I-10 and Hwy. Ill H. City Manager stated that the amendment may appear less substantial than it actually is, and that the issue is more that of the government-to-government relationship, and he felt it is an important item and one which could be discussed in joint session with the Tribal Council; that the joint meeting originally was scheduled for October 21, but will be changed since the Tribal Council will be in Washington, D.C. (Council concurred on a new slate of November 25); and that he felt the staff could move diligently and promptly so that everything which needed to be done regarding the parking lot would be done so there would be no delay in anyway. Couucilmember Spurgin stated she would like this matter discussed with the Tribal Council, and did not feel comfortable without information as to the long-term ramifications of the action. Couucilmember Barnes concurred. Mr. Davis stated he understood the desire for the discussion, and noted that the: proposed action makes [lie govermment-to-government relationship even more refined as to federal land, and similar in stature to that between the City and the State or the City and the School District; and that the action for the Tribal Council is to strengthen its responsibility for Tribal land and to the Tribe members. Councilmember Hodges stated that she has abstained on any matters concerning the casino, due to a client relationship with her employer, and that as of September 30, 1997, there is no longer a conflict, such date being one year after the initial conflict. It was moved by Spurgin, seconded by Barnes, and unanimously carried that this matter be continued to a joint meeting with the Tribal Council on November 25, 1997, specific tithe to be announced, and that the City Manager proceed as he suggested regarding quick processing for the parking lot. R < Zr Council Minutes 10-1-97, Page 4 CONSENT AGENDA: 3. MO 6034 approveone-year professional services agreement with Wilkinson + Partners Inc., (051- fbr Airport animal advertising campaign, in form approved by City Attorney, A3858. 074) 4. MO 6035 approving Change Order No. 1 for an increase of$5,885 to contract with Al Miller (117- & Sons Roofing, Inc., for reroofing Animal Shelter and 219 S. Palm Carryon (Village Green 041) building under lease to Agua Caliente Museum), A3798. Councilmember Hodges abstained due to a client relationship with her employer. 5. MO 6036 approving sole source purchase of a baggage cart system from American Locker (051- Security Systems for $16,942.45 for the Airport. 089) 6. MO 6037 approving an Assumption & Assignment agreement to provide for corporate (051- succession of the work under Agr 3826 from Thenn-O-Shield of California, Inc., to Benton 089) Roof Company, Ltd. Kteindienst abstain-related to Airport Master Plan 7. MO 6038 approving appointment of Herb Franson as Airport Commissioner appointee to the (060- Airport Commission Standing Noise Sub-conunittee, succeeding Mr. Cheeld. Mayor 001) Kleindienst abstained as this matter relates to the Airport Master Plan. 8. MO 6039 approving purchase of a used 1996 Ford Crown Victoria sedan, CNG fueled, for use as a staff vehicle at the Airport, from Cunningham Motors, Inc., for $17,200 plus tax and (084- delivery. 015) 9. Res 19136 and 19137 approving Payroll Warrants; and Res 19138 and 19139 approving (086- Claims & Demands. 016) Abstentions: Councilmember - Warrant # - Payee - Nature of Conflict Spurgin 924564 Dennis Spurgin, D.C. Spouse 924944 Dennis Spurgin, D.C. Spouse Hodges 924404 Chris Foster Inc. Client of employer 924408 G & M Coomruct. Client of employer 924415 Granite Constr Co. Client of employer 924530 Preferred Plumbing Client of employer 924744 Desert Cities Dev Client of employer 924862 Al Miller Sons Roof. Client of employer 924905 Preferred Plumbing Client of employer It was moved by Spurgin, seconded by Oden, and unanimously carried, that Minute Orders 6034 through 6039 and Resolutions 19136 through 19139 be adopted, with abstentions above noted. ADDED STARTERS: None REPORTS & REQUESTS: PUBLIC reports or requests - None ' CITY COUNCIL reports or requests a) Councilmember cleared their calendars as to upcoming events which may be attended by Councilmembers; and concurred that request by the PSUSD for a joint session, be scheduled in November. b) Councilmember Hodges requested that the "art row connnunica ion" which is an issue relating to signs, be scheduled for study session. Council Minutes 10-1-97, Page 5 c) Mayor requested that the Council subcommittees on Rent and Administrative Appeals Board review the applications received for filling vacancies, and malce a reconmiendation on October 15 as to possible interview, or appointment. d) Councihnember Spurgin announced dates and locations for flu shots. STAFF reports or requests - None ' ADJOURNMENT There being no further business at 8:30 p.m., the Mayor declared the meeting adjourned. JUDITH SUMI(-.H' City Clerk