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