HomeMy WebLinkAbout1998 - MINUTES - 3/4/1998 of t�.A
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
MARCH 4, 1998
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,
March 4, 1998, 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 meeting was convened in open session.
' ROLL CALL: Present: Councihuembers Barnes, Hodges, Oden, Relter-Spurgun, and
Mayor Kleindienst
Absent: None
The meeting was opened with the Salute to the Flag, and all invocation by Councilmember Oden.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on February 27, 1998.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 4 of agenda this date.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: - No Business
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the
purpose of convening as the Community Redevelopment Agency; after which, members reconvened
as the City Council.
APPROVAL OF MINUTES:
It was moved by Hodges, seconded by Barnes, and unanimously carried, that the Minutes
of February 4, 1998 be approved.
PUBLIC HEARINGS: None
PUBLIC COMMENTS:
a) Comments oil matters not related to an agenda item:
Don Frank, resident, stated that a Closed Session item concerning Plaza Mercado
has been on the agenda for a number of weeks, and if it relates to the making the
site available for gaming, be is opposed, and feels the Council would be
committing an illegal act to allow it to expand into that area, as well as the Post
Office.
Fred Ebeling, resident, considered that there is selective enforcement in
government; that lie asked the Attorney General to advise the City, but has not
heard any response; that he is exhausting his administrative remedies; and he
connnented on an Internet activity lie is engaged hr.
Maureen Gossett stated she wanted to put on a public access program relating to the
Salton Sea, and was advised she had to have a sponsor, which she thought did not
mean public access television; and asked if there is any assistance the Council can
provide in supporting public access TV that it do so.
Jun Wilcox provided flyers concerning a "Walk for Christ" to raise funds for local
charities, e.g., Nightingale Manor, Habitat for Humanity, Well of tine Desert, Boy
Scout Troop 262, the ABC Club, and Christian Fellowship Athletes.
Council Minutes
3-4-98, Page 2
b) Cotmuents concerning Item 2:
Greg Pettis, Executive Director, P.S. Youth Center, staled that attendance at the
facility has increased from six children in September to an average daily of eighty-
one today; that ages range between six and nine years; that highly successful
progr ras included basketball, ballet, and others, with the addition of two programs
in April; that the facility relies solely on fundraising efforts, mainly from its amoral
golf tournament, which is a non-celebrity event; and he requested approval of (092-
waiver of the fees for the event, which was approved by the Parks & Recreation 013)
Cotrunission. He urged local commnunity, support and participation.
c) Comments concerning Item 4:
Gladys McMillan, Dave's Jewelry & Loan, spoke in support of waiver of the fee, (078-•
adding that she has done nothing to deserve the treatment she has received from 070,1
others concerning the nature of her business, which slit; felt were lies; that she
operates a legitimate, clean business, which has existed for over 35 years,
John Tfrnnan (?), resident, agreed with Ms. McMillan, and questioned whether
there was a police report made by the purported bicycle officer who witnessed the
purported discharge of firearms.
Dick Sroda, resident, commented on lack of action by the Council concerning
elhnination of the utility user tax; and opposed waiver of the fee concerning Item 4,
stating that she has a right to make the appeal and present her case, but waiver of
the fee is out of context of the issue involved.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
a) Mayor and Councilmembers reported on various civic and community organizational '
meetings and events which they attended, subsequent to the last regular meeting, and
armounced upcoming events of community interest.
LEGISLATIVE.ACTION:
1. P.S. CAR CLASSIC - 1998 EVENT
Recotmnendation: That the Council approve the assignment of the contract services
agreement for the P.S. Car Classic from E.J. Urbanovitch Ent¢aprises, Inc., to Fred J.
Marik, formerly the principal of Classic Marketing Ltd., and from Fred J. Marik to
Spectrum Auction Company; and suspend specific regulatory otdinances to accommodate
the 1998 event. (050-
028)
Contracts Manager, Parks Maintenance, reviewed, in detail, the memorandum of the
Director, Dept. of Transportation.
Councilmember Hodges stated that this is a sanctioned event, yet the Spa Hotel, which is a
sponsor of die event, is in a different situation than other hotels, in that only 50% of the
Room Tax is paid because it is on Indian-owned land, and she questioned why City funds
should be spent without a full return of tax value.
Councilmember Oden stated that the people attending the event, however, will still be
staying and eating in Palrn Springs, and perhaps it can be looked at more closely for future
events, but the event will still benefit the City.
City Manager stated that this may be a topic of discussion with the Tribal Council at the
next joint meeting, in terns of government-to-government relations, and the City is not
enjoying 100% of the benefit, and it might listen to that kind of argument.
Councilmember Barnes stated that the agreement provides that the City will provide the
services; but the issue should be looked at for next year.
Council Minutes
3-4-98, Page 3
City Manager added that another event is being talked about, for which sanctioning by the
City will be sought, and the issue needs to be addressed.
Contracts Manager stated that Main street reviewed the proposal, and did not have any
problem; as well as the Connnission and the Special Events Planning Committee.
In response to cormnent by the Mayor, Councilmember Oden stated that recent negative
comment in the newspaper was directed at the Mayor, and not at the City, and that it was
not justified; that it is not the City's job to promote an event for sorneone, and he hoped
that the next time it comes up, that there will be assurance that all details are completed, and
that the Mayor is not blamed.
City Attorney explained that the contract is a multi-year contract; that there was an un-
approved assigrunent, and that Mr. Marik is not going to conduct the event, and desires to
assign the contract further; that the assignment is consistent with the existing contract; and
that the Council is being asked to back-date the un-approved assignment. He stated that the
contract contains cancellation language; that the Council could defer the approval until after
its meeting with the Tribal Council, but it creates an uncertainty whether it intends to move
forward; that approval could be given with the understanding that the City has the right to
cancel, and use that mechanism to bring the matter to negotiation for an amendment, and
indicate that a review is desired before going on with the future events; that the assignment
is permanent.
Councihnernber Hodges stated she did not want to create instability for the event; and that
the Council has the ability to renegotiate or cancel the contract, and that can be addressed
when the matter presents itself.
Minute Orders 6110 and 6111, and Resolution 19204 as recommended, were presented;
after which, it was moved by Barnes, seconded by Oden, and unanimously carried, that
M06110-6111 and RI9204 be adopted.
2. TAHQUITZ CREEK G/C - WAIVER OF FEES
Recommendation: That the Council waive the green fees for the P.S. Youth Center's
Second Annual Golf Tournament on April 25, 1998, at the Taliquitz Creek Resort Course.
City Manager highlighted the memorandum of the Director, Dept. of Transportation.
Councilmember Oden stated he was very pleased and proud of the direction the leadership
of the Youth Center has taken, and that it deserves the support.
Comrcilmember Reller-Spurgin stated that the Council is holding Arnold Palmer (092-
Management accountable for what happens at the golf course in terms of its financial 013)
stability, and if die company is not making the numbers, this action will make that situation
worse; that she could support the event if it were in July, but not on a weekend day in
April, during the high season; and that the Senior Olympics paid $19 per person for those
who played in its tournament.
Councilmember Hodges slated she somewhat agreed, and recalled that the Council had
established a policy for no waiver of fees on weekends, and that such events be held during
the week.
' City Manager stated he recalled that such was the case, and possibly grant funds should be
budgeted, and he would like to delay this matter until Much 18, so he can review the
policy.
Councilmember Oden questioned if that would allow time to put the tournament together;
that the contract with Arnold Pahner makes allowances for use by the City; and that young
people who will benefit from the event are already disadvantaged.
Council Minutes
3-4-98, Page 4
Couucilmennber Barnes stated that the tournament is planned r'or the afternoon, which
relieves pressure on the golf course; that it is not a celebrity tournament, and if it were to
happen during the week, it will not fill up and it will not raise the funds; that pressure is put
on Arnold Palmer to make the golf course profitable, but it is at the City's discretion to use
the resource to benefit the community; and that the money raised is critical to the existence
of the Youth Center. ,
In response to question by Council, the Contracts Manager stated that the waiver is for all
fees; that there is no multi-year contract in place; and that each event is applied for, and
acted upon separately.
Councilmember Reller-Spurgin stated that the Council has indicated a desire to look at all of
the organizations in terms of funding requests, and approval or this is like an $8,000
donation that the City is making to the Youth Center.
Minute Order 6112 as reconnnended, was presented; after which., it was moved by Odell,
seconded by Barnes, and carried by the following vote, that MO6112 be adopted:
AYES: Barnes, Odell and Kleindienst
NOES: ITodges & Reller-Spurgin
ABSENT: None
3. VISTA CHINO RETENTION BASIN - FRONTAGE LANDSCAPE DESIGN
Recommendation: That the Council approve professional services agreement with TKD
Associates, Inc., for landscape design of the Vista Chino Basin frontage, not to exceed
$t4,000, A3919.
Director, Dept. of Transportation highlighted his report, noting that TKD is already doing (088-
the noise bean design, and this will allow a theme landscape; that there are no funds 003)
budgeted for the project per se, and the design fees are being funded through the Drainage
Fund; however, the project will cost about$45,000, and will be paid by tine Airport Fund if
not by the Drainage Fund.
City Attorney explained context of the waiver of 5.2, noting that it is not an unusual
provision to negotiate a waiver on.
Minute Order 6113 as recommended, was presented; after which, it was moved by Hodges,
seconded by Odell, and unanimously carried, that MO6113 be adupted.
4. C.U.P. 5.0768 - DAVE'S JEWELRY & LOAN
On February 13, 1998, Gladys McMillan, dba Dave's Jewelry & Loan, filed an appeal for
Council consideration, this request is for waiver of filing fees totaling $370. Matter has
been rescheduled, for full body of the Council, due to tie vote on February 18, 1998.
City Manager reported that this matter resulted in a tie vote at the last meeting, and that the (078
i'ee is comprised of the basic appeal fee of$275, plus $95 for mailing costs.
070)
Councilmember Barnes stated that a number of roadblocks have been put in front of the
applicant; that it is a business which has been in town for many years, and it is fair to waive
the fee and allow her to get on with the next process. '
Councilmember Odell stated that Ms. McMillan has been in the process a long time, and
has spent a lot of money, and whatever can be done to facilitate the process, will make it
easier and better for everyone concerned.
Council Minutes
3-4-98, Page 5
It was moved by Barnes, seconded by Oden, and carried by the following vote, that the
appeal fee of$370 be waived:
AYES: Barnes, Hodges and Oden
NOES: Reller-Spurghn and Kleindienst
ABSENT: None
5. MID-VALLEY PARKWAY BRIDGE
Recommendation: That the Council authorize naming the Mid-Valley Parkway bridge over
the Whitewater River as the "Dinah Shore Bridge," and authorize opening of roadway and (123-
bridge to traffic upon completion of the Mid-Valley Parkway construction project. 020)
City Manager reported that bridge will be ready for use in early April; that Cathedral City
would like concurrence as to naming the bridge, the Dinali Shore Bridge; and that staff
would like approval of opening the bridge for traffic upon its completion. He stated that
Cathedral City has two minor "dips" on Dinah Shore Drive, east of the bridge, which it
wants to repair prior to opening the bridge. He stated that the bridge and the roadway
leading to it are complete, and the dips in the road have been there for a long time.
Councilmember Oden stated that it would best to have all of the work finished before
opening the bridge, is order to avoid further detours while the dips are being repaired. He
questioned the completion of the medians.
City Engineer stated that CalTrans approval has not yet been received on the medians,
which are not part of the MVP project; and that the medians on Mesquite have not received
federal grant funding approval. He stated that about 85-95% of the bridge is within
Cathedral City limits.
' Mayor stated that it could lake considerable time to secure CalTrans approval, and be
supported the bridge opening now.
Resolution 19205 as recommended, was presented; after which, it was moved by Barnes,
seconded by Oden, and unanimously carried, that R19205 be adopted.
6. WHITEWATER RIVER BRIDGES FEASIBILITY STUDY
Recommendation: That the Council approve the feasibility study of three bridges over die
Whitewater River, as prepared by Berryman & Henigar, and direct staff to investigate
fimding options outlined in the study, and report back with recoomnendation as to which (123-
020)
funding method to pursue.
City Engineer reported that the request is to approve the study of the three major road
crossings of the Whitewater River, and to direct staff to evaluate a variety of options
including bridges, culverts and other drainage methods to pass four different frequency
storms under these crossings.
Dave Cosper, representing the consultant, explained the basis of the shiny and the areas
analyzed, and the recommendations to : a) design to a 100-year event; b) use pre-stressed
eye girder type of bridges; and c) order of priority to be Indian Canyon, Gene Autry and
Vista Chino; and that the recommendations regarding project funding estimated at $32
million, are: a) TUMP and Measure A; b) pursuing STP grant applications; c) a city-wide
assessment district fee study; d) and a developer-fee study.
Councilmember Hodges stated that 90% of the area to be addressed is Indian-owned land,
and a developer-based fee is not an option that should be looked at; and that she was not in
favor of spending any funds to see how the general public would pay for it.
Mayor concurred, and added that if a city-wide assessment was possible, there would be
other uses for that amount of money than bridges, and that it is not a shnple process to get
STP funding.
Council Minutes
3-4-98, Page 6
Director, Department of Transportation, stated that the intent is to investigate NI-IS
(National Highway System) funding, and not to do any feasibility study for an assessment
district or anything like that; that there is now the NHS designation in place For Indian
Canyon, and a study which shows it as the top priority, and the effort will now be to reach
out for those NHS funds.
City Manager stated that only a) and b) will be pursued, and there will be discussions with
the National Highway people, as well as with CalTrans as it relates to the other streets, but
the first effort will be through NHS for Indian Canyon; that Gene Autry is on the Measure
A list for design purposes.
Discussion followed concerning long-tetra traffic impacts, the approach to the railway
station, and possible rail corridor; consensus and understanding by staff was that there will
be clear access to the railway station, and there may need more study over time regarding
the area outside of the 3,150 feet of Indian Canyon included in the study.
Resolution 19206 as recommended, was presented; after which, it was moved by Barnes,
seconded by Hodges, and unanimously carried, that R19206 be adopted, subject to revision
to lint funding studies to TUMF, Measure A, and STP grants.
7. ZTA 5.0400-ZONING ORDINANCE MISCELLANEOUS REVISIONS
City Clerk read title of Ord 1553 adopting miscellaneous amendments to the Zoning (103-
Ordinance, as Introduced February 18, 1998. 039)
It was moved by Wen, seconded by Hodges, and unanimously carried, that further reading
be waived, and that 01553 be adopted.
8. MUNICIPAL CODE AMENDMENT -VICIOUS ANIMAL DETERMINATION ,
Recomtmendation: That die Council amend the Municipal Code to allow a designee of the
Chief of Police to serve as a hearing officer to determine if an animal is to be declared
vicious.
City Manager highlighted the memorandum of the Chie,"of Police.
In response to question by Council, Police Chief stated that the department was looking for (103-
greater flexibility in assigning the hearings, with the intent of using the Commanders, but 045)
also the possibility of die civilian Lieutenant.
It was the consensus of the Council that since there are five Commanders, the Chief's
delegation should be limited to Commanders.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 10,18,050 (a) OF THE PALM. SPRINGS MUNICIPAL
CODE RELATING TO THE DETERMINATION OF WFIETHER AN ANIMAL
IS TREATED AS VICIOUS FOR THE PURPOSE OF' THE CITY'S ANIMAL
CONTROL MEASURES.
after which, 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, subject to
revision to limit a designee of the Police Chief to that of a Commander.
ADDITIONAL LEGISLATIVE ITEMS: None.
w,
Council Minutes
3-4-98, Page 7
CONSENT AGENDA:
9. MO 6114 ratifying emergency amendment to agreement with Environmental Dynamics, Inc., (117-
for$4,680, to mitigate hazardous materials at Airport property site formerly leased by Fai tasia 008)
' Coaches, Inc., A3903.
Councilmember Oden questioned if there were any punitive industry or statutory provisions that
call be utilized to address this issue, and preclude it from happening in another locale.
Director, Department of Transportation stated that the company has gone bankrupt, and is out
of business. City Manager stated he was not aware of any industry or regulatory sanctions.
10. Res 19207 waiving 150-11 height limit for a WECS redevelopment project on BLM right-of-way (123-
Gran t#CA-13198 by Cabazon Wind Developers, a joint venture between Cabazon Power Inc. 022)
and Zond Cabazon Development Corp., located 1.6 miles westerly of I-10/Hwy I I in the
City's Sphere of Influence area.
It. Res 19208 authorizing acquisition of property related to Farrell Drive relocation from (051-
Pemnington/Torro; and other associated actions, including accepting Instrument of Release from 046)
the FAA pertaining to the relocation. Kleindienst abstained due to Airport Master Plan FPPC
ruling.
12. Res 19209 authorizing Director of Transportation and City Engineer to execute grant (088-
applications under the Huard Mitigation Grant Program, for flood hazard mitigation/drainage 003)
improvement at three street locations; City matching funds $29,266.67 (25%).
13. MO 6115 approving second amendment to Agr 3828 with P & D Aviation, for expanded
financial consulting services related to the Airport's Creative Financing submittal to the FAA, (051-
concerning the Airport Revenue Bond Issues and the Terminal Concession master Planning 096)
effort. Kleindienst abstained due to Airport Master Plan FPPC ruling.
14. Res 19210 adding Tower Glass to the pre-qualified metal panel trade contractors list of the (051-
Airport Terminal Expansion Project II-A, CP98-0t. Kleindienst abstained Airport Master Plan 095)
FPPC ruling.
15. Res 19211 approving Payroll Warrants, and Res 19212 approving Claims & Demands. (086-
016)
Note abstentions, if any:
Councilmember Warrant N Payee Particular Nature of Conflict
Hodges 929391 G&M Const Client of Employer
929491 Prep Plumb. Client of Employer
929546 Wessman Client of Employer
929582 Desert Museum Client of Magazine
It was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, with
abstentions as noted, that R19207 through 19212 and MO6114 through 6115 be adopted.
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests:
a) Councilmember Oden requested reports on the following matters: bus shelters at Vista
Chino and North Palm Canyon, as well as an overall update concerning Sunlines' bus
shelter program city-wide; status of former gas station at Granvia Vahnonte and North Palm
canyon; two proclamations - 1) Golfers with Disability; and 2) National Victims' Day April
19-25; information concerning the Rose Parade scut to the PSDRCVB, which is very costly
and something it might consider; Slate or Federal funding options to relocate businesses to
this area; a 4-way stop intersection at Via Monte Vista and Stevens Road; his involvement
in the Public Arts Commission North Palm Canyon entry project; Recapturing
Council Minutes
3-4-98, Page 8
Neighborhood Program; Airport Master Plan; in-lieu parking; and a complete listing of
upcoming study session agenda items.
Council consensus to schedule the Rose Parade as a topic for study session.
b) Meeting Schedules: June 8 or 12 set as tentative dates for Amoral ]Board/Commission '
Dinner; May 28 joint meeting with School District changed to June 4; Tribal Council joint
meeting March 24 at Spa Hotel; and Council Workshop March 17, 1998, 4 p.m.
PUBLIC reports or requests - None
STAFF reports or requests - None
ADJOURNMENT
There being no further business at 9:12 p.m., the Mayor declared the meeting adjourned to
Workshop on March 17, 1998, at 4 p.m.
i
'.JUDITH SUMICH
City Clerk