HomeMy WebLinkAbout2003 - MINUTES - 11/19/2003 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
NOVEMBER 19, 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, November 19, 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 Mills, Oden, Reller-Spurgin, and Mayor
Kleindienst
Absent: Councilmember Hodges
The meeting was opened with the Salute to the Flag, and an invocation by— Pastor Kevin
A. Johnson, Bloom in the Desert. Ministries
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on November 14, 2003.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 8 of agenda this date.
PRESENTATIONS: Board Member DeVore and Commissioner McCulloch
Desert Aids Project—John Brown ,
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: - No Business
Remain as the City Council; convene as the Community Redevelopment Agency
CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY
APPROVAL OF MINUTES:
It was moved by Oden, seconded by Reller-Spurgin and unanimously carried that
the Minutes of September 17 and October 1, 2003 be approved.
JOINT PUBLIC HEARINGS:
A. VISTA SUNRISE APARTMENTS— MBA DEVELOPMENT
Recommendation: That the Agency and the Council approve Amendment 1 to
Disposition and Development Agreement A464C with Vista Sunrise Apartments,
LP and MBA Development Corporation to effectuate the development of a low-
income HIV/AIDS apartment complex and family care facility located west of
Sunrise Way, south of Vista Chino.
Director of Community & Economic Development reviewed the staff report.
Chairman/Mayor declared the Hearing open; there being no appearances, the
Hearing was closed.
Council Minutes
11-19-03, Page 2
Resolution 1232 as recommended (Agency) was presented; after which, it was
moved by Reller-Spurgin, seconded by Oden and unanimously carried, Hodges
absent, that R1232 be adopted.
Resolution 20779 as recommended (City) was presented; after which, it was
moved by Reller-Spurgin, seconded by Oden and unanimously carried, Hodges
absent, that R20779 be adopted.
B. SANTIAGO SUNRISE VILLAGE MOBILE HOME PARK
TEFRA HEARING 2003 SERIES A AND B SUNRISE REVENUE BONDS
Recommendation: That the Agency and Council approve a Disposition and
Development Agreement with Santiago Mobile Home Park corporation and
Santiago Sunrise Village, LP to transfer the underlying fee interest and facilitate
HUD insured bond financing; and acting solely as the City Council, conduct a
TEFRA Hearing to approve Mobile Home Park Revenue Bond Financing issue
by the City not to exceed $5,000,000 for the purchase and rehabilitation of the
Park. A470C.
Director of Community & Economic Development reviewed the staff report.
Chairman/Mayor declared the Hearing open; there being no appearances, the
Hearing was closed.
Resolution 1233 as recommended (Agency) was presented; after which, it was
moved by Oden, seconded by Mills and unanimously carried, Hodges absent,
that R1233 be adopted.
Resolution 20780 and 20781 as recommended (City) were presented; after
which, it was moved by Oden, seconded by Mills and unanimously carried,
Hodges absent, that R20780 and 20781 be adopted.
LEGISLATIVE ITEMS: None
Adjourn as Community Redevelopment Agency; remain as City Council.
CITY COUNCIL
PUBLIC COMMENTS:
Robin Burns, resident and taxi owner representing CV Taxicab owners, expressed
appreciation to past efforts by outgoing members; that insurance at airport has been
increased to $750,000 for liability; that discussions have been held with the landside
coordinator to lower the limit to $300,000; that Sunline has granted a one year reprieve;
that the owners are requesting that the Council approve a resolution to have Sunline
lower the amount; that they did attend the Sunline meeting re advertising and Sunline
' states they have no jurisdiction; that the only holdback is the City of Palm Springs and
they will address the issue at a later date.
Thomas Van Etten, resident, expressed thanks to outgoing Mayor Kleindienst for all he
has done for the City.
Council Minutes
11-19-03, Page 3
Tim Regulano, resident, stated that Indian Wells is not enacting an Ordinance to prohibit '
signage on taxi's; that for the Council to indicate to the taxi industry it is not allowed to
have signage is not right after all the signage that each candidate had for the past
election; that any City that has been challenged on the issue on signage has lost; that
the doubling of insurance by Sunline is not right and it is hoped the Council has power to
intervene.
Sergio Santos, Taxi owner, stated that Sunline has indicated it has no issue regarding
signage on taxis; that the video tape does not indicate where the Council is headed on
the issue; the hope is we can move ahead with the issue; that there is no prohibition for
signage anywhere except in Palm Springs; that insurance is mandatory at the airport
and for the past 7 years Sunline required $300,000; now the airport is requiring
$750,000, the difference in limits will mean $5,000 in higher premiums and it needs to be
lowered.
David Baron, resident, congratulated and thanked outgoing members and the Mayors
exceptional service to the Community.
APPROVAL OF CONSENT AGENDA: Items 1 thru 14 except 10.
It was moved by Reller-Spurgin, seconded by Oden and unanimously carried,
Hodges absent, that items 1 through 14, except 10 be adopted.
Review by City Manager of Consent Items to be clarified.
1. Approval of Minutes November 5, 2003. Approved.
2. MO 7397 approving Amendment 4 to A4487 with VSA Airports for additional
engineering services for airport security improvements for $1,191,000. Total
contract $3,042,600.
3. MO 7398 approving an agreement with Ashbury Environmental Inc for the
collection, transportation, disposal and/or destruction of waste materials
generated at the Palm Springs International Airport for a term of three years for
$50,000. A4800.
4. MO 7399 approving the purchase from Property Guard, Inc to upgrade and
standardize the inventory of six disaster caches and two multi-casualty trailers of
emergency medical supplies for$47,000.
5. MO 7400 approving the purchase from Air Cleaning Systems for upgrading and
modifying the apparatus exhaust ventilation system at Fire Station 442 for
$29,828.57.
6. MO 7401 approving Amendment 2 to A4361 with Conrad and Associates LP to
extend the contract for 3 more years for auditing services for Fiscal Years ending
June 30, 2004 and June 30, 2005 for$69,432 and $65,904, respectively.
7. MO 7402 approving an agreement with the City of Desert Hot Springs for jail
services at the Palm Springs City Jail for$110.00 per prisoner booking. A4801.
Council Minutes
' 11-19-03, Page 4
8. MO 7403 approving expenditure plan for a Supplemental Law Enforcement
Services Fund Grant from the State of California for$100,000.
9. MO 7404 approving and adopting the plans, specification and working details
and authorize advertisement for construction bids for the Racquet Club Road and
Avenida Caballeros Traffic Signal Installation Project. CP02-17. Oden abstain
due to proximity of residence.
10. MO 7408 approving an agreement with Sierra Pacific Electric Contracting for the
Trachea Drive Flashing Crosswalk Project for $45,083. CP02-10. A4802.
Kleindienst abstain due to proximity of residence.
11. MO 7405 approving an agreement with Commercial Diversified Inc for the Frey
Jaycee Building ADA Improvement Project for$53,800. CP03-02. A4803.
12. MO 7406 approving Amendment 3 to A3964 with SMG for Tourism Services
extending the contract for an additional 90 days.
13. MO 7407 approving a lease with the Agua Caliente Band of Cahuilla Indians for
the operation of a Visitor Information area located within the City's Visitor
Information Center at 2901 North Palm Canyon Drive, in a form acceptable to the
City Attorney. A4804.
' 14. Res 20782 and 20783 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
EXTENDED CONSENT AGENDA:
PUBLIC HEARINGS:
15. LOCAL LAW ENFORCEMENT BLOCK GRANT
Recommendation: That the Council accept a Grant from the Federal Bureau of
Justice Assistance (BJA) for use in personnel costs and to procure equipment
and technology for fiscal year 2003 in the amount of$88,871. Matching Funds in
the amount of$9,865 from Asset Forfeiture Account is required.
Police Chief reviewed the staff report, no further report was given.
' Mayor declared the Hearing open; there being no appearances the Hearing was
closed.
Minute Order 7409 as recommended was presented; after which, it was moved
by Oden, seconded by Reller-Spurgin and unanimously carried, Hodges absent,
that MO 7409 be adopted.
Council Minutes
11-19-03, Page 5
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:
16, SOLID WASTE TRANSFER STATION — 19TH AVENUE AND MCLANE STREET
2003-04 FISCAL YEAR BUDGET AMENDMENT
Recommendation: That the Council approve the Purchase and Sale Agreement
and Joint Escrow Instructions with Burr Group LP for the purchase of a 4.85-acre
parcel to develop a solid waste transfer station located at 19`h Avenue and
McLane Street for $600,000; and amend the budget thereto. A-----.
City Manager withdrew the item.
17. SUNRISE NORTE LEASE AMENDMENT
Recommendation: That the Council approve Amendment 1 to Master Restated
Lease A1779; and amendments to individual leases with the homeowners in
Sunrise Norte, giving each lessee a sixty year term. Approval subject to CA ,
leases modifications.
Mayor Kleindienst declared conflict of interest due to client relationship and
exited the Chamber.
Director of Community & Economic Development reviewed the staff report.
Resolution 20784 as recommended was presented; after which, it was moved by
Mills, seconded by Reller-Spurgin and unanimously carried, Hodges and
Kleindienst absent, that R20784 be adopted.
18. CONVENTION CENTER MANAGEMENT - SMG
Recommendation: That the Council rescind A3079 and approve an agreement
with SMG for the management of the Convention Center; revised to extend the
contract for 30 days instead,
City Manager reviewed the staff report.
Minute Order 7410 as revised was presented; after which, it was moved by Mills,
seconded by Reller-Spurgin and unanimously carried, Hodges absent, that
M07410 be adopted.
19. CONVENTION CENTER EXPANSION — PHASE II '
Recommendation: That the Council reject all four (4) trade contracts for
Demolition/Utility Safing/Minor Reconstruction; Dry Utilities; Wet Utilities; and
Grading; direct Fentress Bradburn to redesign & direct Public Works to bid North
Parking Lot.
Council Minutes
11-19-03, Page 6
Convention Center Project Administrator reviewed the revised staff report
regarding the rejection of all bids.
Resolution 20785 and 20786 as revised to include the deletion of construction of
the north parking lot and to add language to appoint Mr. Smoot as primary and
Mr. Fontana as alternate as owner representatives for decision making, were
presented; after which, it was moved by Mills, seconded by Oden and
unanimously carried, Hodges absent, that R20785 and 20786 be adopted.
20. EARTHQUAKE/FLOOD INSURANCE RENEWALS
Recommendation: That the Council approve earthquake and flood insurance
premium renewals, effective November 21, 2003.
Director of Human Resources reviewed the staff report.
Motion to approve the budget level as the same as last years premium was
presented; after which, it was moved by Reller-Spurgin, seconded by Mills and
failed due to a tie vote.
AYES: Members Mills and Reller-Spurgin
' NO: Member Oden and Mayor Kleindienst
ABSENT: Member Hodges
Motion to approve the recommendation as recommended was presented; after
which, it was moved by Reller-Spurgin, seconded by Oden and failed due to a tie
vote.
AYES: Members Reller-Spurgin and Oden
NO: Members Mills and Mayor Kleindienst
ABSENT: Member Hodges
Resolution 20787 as revised to limit the premium payment to no more than
$235,885 was presented; after which, it was moved by Reller-Spurgin, seconded
by Mills and carried by the following vote, that R20787 be adopted.
AYES: Members Oden, Mills and Reller-Spurgin
NO: Mayor Kleindienst
ABSENT: Member Hodges.
21. COMPREHENSIVE FEE SCHEDULE AMENDMENT—AIRPORT PARKING
Recommendation: That the Council approve an amendment to the
Comprehensive Fee Schedule to change the daily maximum rate from $7.00 per
' day to $8,00 per day at the Palm Springs International Airport.
Executive Director—Airports reviewed the staff report.
Resolution 20788 as recommended was presented; after which, it was moved by
Reller-Spurgin, Seconded by Oden, and unanimously carried, Hodges absent,
that R20788 be adopted.
Council Minutes
11-19-03, Page 7
22. COMPREHENSIVE FEE SCHEDULE AMENDMENT— SKATE PARK '
On November 5, 2003, Council continued this matter to consider amendment to
the Comprehensive Fee Schedule to establish a yearly membership fee and daily
admission fee for use of the Palm Springs Skate Park.
Director of Parks and Recreation reviewed the staff report.
Resolution 20789 as revised to delete the annual rate for non-residents was
presented; after which, it was moved by Mills, seconded by Reller-Spurgin and
unanimously carried, Hodges absent, that R20789 be adopted.
23. COLEN AND LEE—AMENDMENT 1
TPA WORKERS COMPENSATION
Recommendation: That the Council approve Amendment 1 to A4681 with Colen
& Lee for third party administration of workers compensation to increase the
compensation an additional $2,025 per month. Total contract $11,272.50 per
month for first year, 2008 expiration term. In a form approved by the City
Attorney.
Director of Human Resources reviewed the staff report.
Minute Order 7411 as recommended was presented; after which, it was moved
by Mills, seconded by Reller-Spurgin and unanimously carried, Hodges absent,
that MO7411 be adopted.
24. 2003-04 ALLOCATED POSITIONS & COMPENSATION PLAN
AMENDMENT 7 —AIRPORT
Recommendation: That the Council approve Amendment 7 to the 2003-04
Allocated Positions and Compensation Plan for a position at the Airport.
Enterprise Funds, no General Funds needed.
Director of Human Resources reviewed the staff report.
Resolution 20790 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Mills and unanimously carried, Hodges absent, that
R20790 be adopted.
25. ORDINANCE FOR SECOND READING &ADOPTION (Intro 11-5-03)
City Clerk read Title of Ordinance 1640 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ,
REPEALING SECTIONS 3.24.030, 3.24.035, 3.24.036, 3.24.037 AND
3.24.037(A) OF THE PALM SPRINGS MUNICIPAL CODE AND AMENDING
THE PALM SPRINGS MUNICIPAL CODE BY ADDING A NEW SECTION
3.24.030 TO IMPOSE TAX ON HOTEL GUESTS AND ADDING A NEW
SECTION 3.24.035 TO IMPOSE TAX ON GROUP MEETING HOTEL GUESTS
Council Minutes
11-19-03, Page S
' after which; it was moved by Oden, seconded by Reller-Spurgin and
unanimously carried, Hodges absent, that further reading be waived and
Ordinance 1640 be adopted.
ADDITIONAL LEGISLATIVE ITEMS:
26. SURPLUS CITY PROPERTY- FURNITURE
Recommendation: That the Council approve the surplus and sale of city property
(furniture) to William Kleindienst.
City Manager withdrew the item.
ADDED STARTERS:
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
27. Treasurer's Investment Report— September 30, 2003, received & filed
PUBLIC reports or requests
STAFF reports or requests
ADJOURNMENT:
There being no further busing MayorJdecIthe meeting adjourned.
PATRICIA A. SANDERS
City Clerk