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HomeMy WebLinkAbout2003 - MINUTES - 4/2/2003 CITY OF PALM SPRINGS CITY COUNCIL MINUTES ' APRIL 2, 2003 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, April 2, 2003, 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: Councilmembers Hodges, Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Reverend Richard Drasen — Palm Springs Church for Today. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on March 28, 2003, REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PRESENTATIONS: None. 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. PUBLIC COMMENTS: Ed Svitak, Riviera Resort, spoke in support of item 'I OD, Ron Oden, Palm Springs, requested that the signal be placed on Avenida Caballeros for safety use of the school children. APPROVAL OF CONSENT AGENDA: Motion to approve Items 1 thru 5 as recommended were presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried that items 1 — 5 be adopted. Review by City Manager of Consent Items to be clarified. 1. Approval of Minutes January 29, February 5 & 19, 2003. ' 2. Res 20576 approving an amendment to the 1995-96 CDBG subrecipient agreement #3633 with Coachella Valley Housing Coalition to extend the term to June 30, 2003. Council Minutes 04-02-03, Page 2 3. Res 20577 approving an amendment to the 1996-97 CDBG subrecipient agreement #3736 with Coachella Valley Housing Coalition to extend the term to June 30, 2003. 4. MO 7279 approving and adopting the plans, specification and working details; and authorize advertisement for construction bids for various citywide traffic signal improvements. CP00-37. 5. Res 20578 and 20579 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 985811 C. Kell-Smith Business related 985929 Tenet Business related Reller-Spurgin 985923 Spurgin Spouse EXTENDED CONSENT AGENDA: None PUBLIC HEARINGS: 6. 2003-04 COMMUNITY DEVELOPMENT BLOCK GRANT ' Recommendation: That the Council approve the 2003-04 CDBG budget and authorize the submittal of the Consolidated Plan Annual Plan Update to the Department of Housing and Urban Development; and authorize the City Manager to execute the subrecipient agreements for the 2003-04 CDBG program. Director of Community & Economic Development reviewed the staff report. Mayor declared the Hearing open. Tony Pellum, Palm Springs, spoke in support of the neighborhood traffic-calming program. Rebecca Clark, Palm Springs Code Enforcement, spoke in support of a paint program for Desert Highland Estates. Clifford Reed, PS Childcare Center, spoke in support of the childcare center funding request. Nancy Tortorelli, Foundation of the Retarded, spoke in support of continued funding. Sister Imelda Gonzalez, Catholic Charities, spoke in support of Nightengale ' Manor funding request. Wayne Fisher, Aids Assistance Program, spoke in support of continued funding. Alice Hamilton, YMCA, spoke in support of funding of the Youth Center request. Council Minutes 04-02-03, Page 3 There being no further appearances the Hearing was closed. ' Resolution 20580 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that R20580 be adopted. Councilmember Reller-Spurgin declared Conflict of Interest due to previous employment of the Senior Center and left the Chamber. Resolution 20581 as recommended was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, Reller-Spurgin absent that R20581 be adopted. Member Reller-Spurgin reentered the Chamber. Councilmember Mills declared Conflict of Interest due to ownership of property within 500 feet and left the Chamber. Resolution 20582 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and carried by the following vote that R20582 be adopted. AYES: Members Hodges, Oden and Reiter-Spurgin NO: ' Mayor Kleindienst ABSENT: Member Mills. Member Mills reentered the Chamber. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmembers 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, LEGISLATIVE ACTION: 7. TRAUMA INTERVENTION PROGRAM On March 19, 2003, Council continued this matter to determine participation in the Trauma Intervention Program, Inc; and establish agreement outlining performance expectations, fees and liability issues to be effective July 1, 2003, at an annual cost of$5,125. A4678. Fire Chief reviewed the staff report. Aurora Kerr, CVAG, stated that most Valley Cities have joined the program and ' that participation does not exclude use of the Support 7 Chaplain group. Minute Order 7280 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges and carried by the following vote, that MO7280 be adopted. Council Minutes 04-02-13, Page 4 AYES: Members Hodges, Mills, Oden and Reller-Spurgin NO: Mayor Kleindienst. 8. GENE AUTRY TRAIL AND RAMON ROAD MEDIAN LANDSCAPING Recommendation: That the Council approve one of the two options: a) Determine the low bidder, Zondiros-Peninsula Landscaping, as non-responsive and award contract to Mark Logan Landscape, Inc., for the Gene Autry Trail/Ramon Road Median Landscaping project, Bid Schedule A only, for $759,881; or b) Determine the low bidder, Zondiros-Peninsula Landscaping, as non-responsive; postpone construction of the Racquet Club Road and Avenida Caballeros Traffic Signal project currently budgeted in Fiscal Year 2002-03 and allocate those funds toward award of contract to Mark Logan Landscape, Inc., for the Gene Autry Trail/Ramon Road Median Landscaping project, Bid Schedules A, B and D only, for $857,686. CP00-01. A4679. Councilmember Oden declared Conflict of Interest due to proximity of land ownership to the project and exited the Chamber. Director of Public Works/City Engineer reviewed the staff report. Mayor questioned if future Measure A funds could be committed to the project. City Engineer stated that the funds could be committed. Resolution 20583 as revised to include Option B, adding Bid Schedule E, using funds to be repaid from future Measure "A" allocation was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and carried by the following vote, that R20583 be adopted. AYES: Member Mills, Reller-Spurgin and Mayor Kleindienst NO: Member Hodges ABSENT: Member Oden. 9. ASSESSMENT DISTRICT 161 — CENTURY HOMES MOUNTAIN GATE Recommendation: That the Council approve an agreement with Albert A. Webb Associates for a Phase I - Preliminary Engineer's Report for $22,000; and a Phase II - Final Engineer's Report for $7,000 for a total of $29,000, plus incidental costs, for the proposed formation of a 1913 Act Assessment District using 1915 Act Bonds for certain public improvements for the Mountain Gate Tract 30963 by Century Homes, located at the northeast corner of North Palm Canyon Drive and Gateway Drive. AD161. A4680. Councilmember Mills declared Conflict of Interest due to financial commitment with the sale of the property and exited the Chamber. Mayor declared Conflict of Interest due to business with the landowners and exited the Chamber. Council Minutes 04-02-03, Page 5 Director of Public Works/City Engineer reviewed the staff report and added that ' approval of the item does not approve the Mello-Roos District, but the contractual engineering was needed for evaluation of the project. Minute Order 7281 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges and unanimously carried, Kleindienst and Mills absent, that MO7281 be adopted. ADDITIONAL LEGISLATIVE ITEMS: 10a. SWIM CENTER, POOL HOUSE & CONCESSION STAND IMPROVEMENTS Recommendation: That the Council reject all bids for the Swim Center, Pool House & Concession Stand Improvements Project; and authorize re-bidding of Bid Schedule A (swim center equipment replacement) and Bid Schedule C (pool deck resurfacing) only. CP98-21. City Manager reviewed the staff report. Minute Order 7282 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried, that MO7282 be adopted. 10b. STREET SWEEPING SERVICES ' Recommendation: That the Council participate in a competitive award made by the City of Lancaster and authorize staff to negotiate a service agreement with California Street Maintenance for street sweeping services for$198,500 per year. City Manager reviewed the staff report and added that two positions will be eliminated from City service. Minute Order 7283 as recommended was presented; after which, it was moved. by Reller-Spurgin, seconded by Hodges and unanimously carried, that MO7283 be adopted. 10c. WORKERS' COMPENSATION PROGRAM Recommendation: That the Council approve agreement with Colen and Lee for Third Party Administration (TPA) of the City's workers' compensation program. A4681. Assistant City Manager reviewed the staff report. Mayor questioned with the removal of the workload, would staff likewise be reduced. ' Director of Human Resources stated that there was other work that could be done within the Department. Council Minutes 04-02-03, Page 6 10d. CONVENTION CENTER EXPANSION Recommendation: That the Council discuss funding options related to transient occupancy to assist with the Convention Center Expansion Project. Aftab Dada reviewed a handout, copy on file in Office of the City Clerk, and added that the collection of the additional $4.00 per room rebate would not effect usage at the hotels; that the support of the program is embraced by the Hoteliers; that the collection will start in January, 2005, and that the rebate will allow for the complete expansion of the Convention Center; that the rebate will only be instituted if a ballot measure is rejected by the residents, but that in the past, residents have supported any increases to the Transient Occupancy Tax and that it is estimated that this measure would likewise be supported. City Attorney stated that agreements could be worked on for the Hoteliers to commit to; that there may be some guarantees that will need to be set in place and that all would be involved to implement the necessary documents. Mayor stated that in the future, staff should provide a report to include all the issues and details for recommendations. Motion to direct staff and hoteliers to pursue additional funding mechanisms ' based on a hotel room rebate and for the City Attorney to prepare election materials and hotelier agreements for the November 2003 ballot was presented. Councilmember Mills requested amendment to the motion to include staff to report back the final details as part of the procedure, to include legal issues and financial procedures at a later date. Motion for amendment was presented; after which, it was moved by Mills, seconded by Kleindienst and failed by the following vote. AYES: Member Mills and Mayor Kleindienst NO: Members Hodges, Oden and Reller-Spurgin. Motion to direct staff and hoteliers to pursue additional funding mechanisms based on a hotel room rebate and for the City Attorney to prepare election materials and hotelier agreements for the November, 2003 ballot was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and carried by the following vote that the Motion be adopted. AYES: Members Hodges, Mills, Oden and Reller-Spurgin NO: Mayor Kleindienst ADDED STARTERS: None ' REPORTS & REQUESTS: Council, Minutes 04-02-03, Page 7 CITY COUNCIL reports or requests ' 11. Treasurer's Investment Report as of February 28, 2003 to April. 16, 2003. Councilmember Oden requested an update on the departure of EDA from Palm Springs to Indio; an update on the Rent Control Ordinance in comparison with Rancho Mirage's Ordinance; an update on the content of an audit of HUD/Civil Rights compliance report and requested that Well in the Desert be contacted regarding CDBG funding. Mayor requested AQMD/PM-10 issues be discussed for lack of conformity and impacts; and requested additional CDBG reprogrammed funding of $192,000 be scheduled for a future Study Session discussion. PUBLIC reports or requests STAFF reports or requests 12. City Manager Comments — Follow-up Requests-See report on file in Office of the City Clerk. ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. ' P-ATRICIA A. SANDERS City Clerk