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HomeMy WebLinkAbout9/20/2000 - STAFF REPORTS (2) CITY OF PALM SPRINGS CITY COUNCIL MINUTES August 2, 2000 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, August 2, 2000, 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 Jones, Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Councilmember Oden. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on July 28, 2000. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) -See items on Page 8 of agenda this date. PRESENTATIONS: None HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business Adjourn as the Community Redevelopment Agency; remain in session as the City Council. PUBLIC COMMENTS: Comments concerning Item 31: Joy Meredith, owner Crystal Fantasy, stated that activities are needed for the youth; that the skate park is a good beginning; that our children are a part of the Community and that their needs should be addressed; and recommended approval of the item. Chessa Wilson stated that the youth need more activities and requested approval of a skate park. Halin Medin stated that Palm Springs does not provide any activities for the youth and added that the skate park would fulfill a need. Council Minutes 8-2-00,Page 2 Comments on matters not on the agenda: Kathleen DeRosa, SCE, stated that there are possible Stage 3 alerts that will be conducted in the valley; that electricity, due to the weather, is in high demand; and that any citizen that needs assistance during this time should contact SCE for immediate response. Dr. Glenn Grayman, Desert Hospital, stated that the paramedic response system with the Fire Department had its grand opening today; that due to the implementation, already one life was saved; that this program will be a model for other Cities and that it is hopeful that the program will be expanded to include the entire boundaries of the City. Eric Meeks, 1450 E. Mesquite, stated that help is available to assist with the solving of problems with the youth downtown; that the Police Advisory Committee will be discussing the matter at its September 18, 2000 meeting; that all are invited to be a part of the discussion; and that everyone needs to feel welcome and safe at VillageFest. Katie Roberson, 1033 Via Colusa, student Palm Springs High School, stated that there is nothing for teens to do in Palm Springs; that at one time everyone hung out next to the eye doctor's office downtown, but a building was built so the teens then moved to Amado park; that now a building has been built there; that there is nowhere for teens to go; that everything that is built for the youth is then taken away, e.g. ice rink; that it is too far to drive to the beach; that movies are too expensive; that when teens do go downtown, they are hassled by the police department; and added that it is time for the City to address the needs of the teens. Roger Garrett read a prepared statement, as on file in the Office of the City Clerk, and added that Villa Serena apartment management is being discriminatory in its practices; that it is reverse discrimination; that intervention is needed by the City; that many are being displaced from their homes and requested Council address the matter. Frank Tysen stated that the Council needs to reevaluate the "arts" concept for the downtown; that VillageFest is simply not working; that it has backfired and cheapened the town; that there are gangs of kids roaming the streets; that the kids are not from Palm Springs; that Council needs to take some action to address the escalating downtown problems. Darrell Meeks, Morongo Valley, stated that there is a growing problem with the youth downtown on VillageFest night; that the problem started about two years ago and is escalating; that there have been stabbings, visitors have been knocked down; that the youth hang out on the corners and walk the streets; that Chief Weigel is trying to address the problem; that there will surely be an incident involving the youth; that the incident will occur after 10 p.m.; and if some type of action is not taken, the incident will be a major one. Council Minutes 8-2-00,Page 3 APPROVAL OF CONSENT AGENDA: Item 1 thru 27. It was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that items 1 through 27, excluding 3, 4, 5, 11, 14, 15, 17, 22, and 24, be adopted. 1. Approval of Minutes of July 5, 2000. 2. Res 19877 making a finding pursuant to Section 33421.1 of the California Health & Safety Code relating to the construction of road improvements on Radio Road; and MO 6672 authorizing reimbursement agreement between the City and the Community Redevelopment Agency. A4255. 3. See Extended Consent Agenda below. 4. See Extended Consent Agenda below. 5. See Extended Consent Agenda below. 6. Res 19878 amending Resolution 19744 concerning the Council Rules of Procedure. 7. MO 6676 awarding Phase 2 of the Citywide Optical Imaging Program to Astro Canon/OTG through the California State Master Contract for$141,000. 8. MO 6677 approving Amendment#11 to A3298 with Robert Bein, William Frost & Associates for $24,100 for expanded engineering services related to Phase 3 for a total of$102,200. Total for all three phases of the Mid-Valley Parkway engineering services is $1,096,091. 9. MO 6678 approving reimbursement agreement with P.S. Center II L.P. for Cerritos Road Improvements. A4257. 10. MO 6679 approving agreement with Matich Corporation for Radio Road, Hermosa Drive and Cerritos Road street improvements, Schedules A, B, C and D, for$171,047, CP99-20. A4258. 11. See Extended Consent Agenda below. 12. MO 6681 approving agreement with Crossroads Software, for the upgrade and expansion of traffic collision software program for $17,569.50, CP00-03. A4260. 13. MO 6682 approving contract with Granite Construction Co., for the Mid-Valley Parkway Phase 3, Gene Autry Trail and Ramon Road traffic signal and street improvements for$898,898, CP99-13. A4261. Hodges Abstain. 14. See Extended Consent Agenda below. Council Minutes 8-2-00,Page 4 15. See Extended Consent Agenda below. 16. Res 19884 approving General Unit Memorandum of Understanding; and Res 19885 approving Allocated Position and Compensation Plan. 17. See Extended Consent Agenda below. 18. MO 6684 approving the purchase from Motorola Communications and Electronics, Inc., of maintenance support of the Motorola 800 Mhz radio system for fiscal year 2000-01 for$65,760. 19. MO 6685 approving the purchase from Amtek, of hardware maintenance support for the HP3000 computer system and citywide HP Lazerjet printers for fiscal year 2000-01 for $10,272. 20. MO 6686 approving the purchase from Hewlett-Packard Co., of software maintenance support for the HP3000 for fiscal year 2000-01 for $1,930. 21. MO 6687 approving the purchase from Avaya Communications (formerly Lucent Technologies, Inc.), of maintenance support for two AT&T Definity G3i telephone switches and audix voice mail systems for fiscal year 2000-01 for$21,725. 22. See Extended Consent Agenda below. 23. MO 6689 approving contract with Doug Wall Construction Inc., for the Police Department basement remodel for$184,800, CP00-04. A4263. 24. See Extended Consent Agenda below. 25. MO 6690 accepting and approving funding approval/agreement with the United States Department of Housing and Urban Development for fiscal year 2000-01, Community Development Block Grant Program for$623,000. A4265. 26. MO 6691 approving Amendment#6 to A4089 (for Phase 1 and 2)with Interactive Design Corporation for design services at 538 North Palm Canyon (Palm Canyon Theatre)for$10,000. 27. Res 19887 and 19888 approving Payroll Warrants. EXTENDED CONSENT AGENDA: 3. AIRLINE MARKETING AGREEMENT Recommendation: That the Council approve a contract service agreement with Nancy Doria for airline marketing activities for a six month period not to exceed $25,000. A4256. Council Minutes 8-2-00,Page 5 City Manager stated that the marketing agreement is an important issue; that Ms. Doria is on the job; that if the agreement is approved it will take effect July 25, 2000; that Ms. Doria is the umbrella to coordinate the activities and that there will be a position funded in the budget for this type of position. Councilmember Oden questioned if there will be two positions, or if Ms. Doria will be acting as a mentor for the new position. City Manager stated that there would be candidates considered for the position; but that Ms. Doria is not prevented from applying. Councilmember Oden questioned if the two positions were overlapping. City Manager stated that although Ms. Doria is in place, there may be some overlap; that the position will be a Deputy position at the airport, and recommended approval. Minute Order 6673 was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried that MO6673 be adopted. 4. AIRPORT TERMINAL ARCHITECT— GENSLER Recommendation: That the Council authorize staff to negotiate a contract with Gensler & Associates as the Airport's Terminal Architect for the hold room replacement design and baggage claim expansion design. Assistant City Manager-Operations reviewed the staff report and added that the original contract was let eight years ago; that Gensler is familiar with the design of all modifications; that to approve Gensler will be taking advantage of the experience; that a contract will be negotiated, but that for current use staff would recommended using Gensler. Councilmember Hodges stated that after eight years it may be time to go to RFP to consider the best at the most economical price. Mayor questioned when the next Phase would begin at the airport. Assistant City Manager-Operations stated that the next Phase is in the future; that it is a good idea to use the same firm that did the design work; that it did take nine and one-half years to get the first design completed; and that continuity is important to the completion. Councilmember Hodges stated that this is an old contract; that times have changed; that it may behoove the City to check to see what is now available on the market. Council Minutes 8-2-00,Page 6 Minute Order 6674 was presented; after which, it was moved by Reller-Spurgin, seconded by Jones and carried by the following vote that MO6674 be adopted. AYES: Jones, Oden, Reller-Spurgin and Kleindienst NO: Hodges 5. WASTEWATER TREATMENT PLANT Recommendation: That the Council authorize US Filter to proceed with a capital project to purchase and install factory rebuilt engines and pumps not to exceed $80,000. Assistant City Manager-Operations reviewed the staff report. Councilmember Oden stated that there are two alternatives; one to purchase new, the second to get a rebuilt, and questioned the life expectancy of the rebuilt. Assistant City Manager-Operations stated that the rebuilt life is approximately ten to fifteen years; that the cost for a new is a minimum of twenty percent higher; that the time expectancy would only increase four to five years; that the rebuilt is like new; and that the difference is the old housing is used with new interior parts. Councilmember Jones stated that he would abstain due to a business relationship with US Filter. Minute Order 6675 was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, Jones abstaining, that MO6675 be adopted. 11. SAFE MOVES Recommendation: That the Council approve an agreement with Safe Moves for design. Implementation and presentation of Pedestrian and Bicycle Education Programs for$80,000. A4259. City Manager stated that the proposed agreement is an important program for the community and that the Company does provide a good implementation program. City Engineer stated that this is a key contract for the safety grant; that the purpose is to educate school age children and parents in traffic safety; that the program will address vehicle, bike and pedestrian accidents; that the presentations will be given to the groups; that the State is granting the program; and that staff will meet with the contractor to coordinate sites and schedule of events. Council Minutes 8-2-00,Page 7 Councilmember Oden stated that this is an exceptional grant and complimented staff on its work in obtaining the funding. Mayor stated that in keeping with the issue of crossing guards, staff was directed to pursue avenues of assistance for the Community; and that this will help in the education of the Community. Minute Order 6680 was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried that MO6680 be adopted. 14. POLICE MANAGEMENT UNIT— PERS CONTRIBUTION Recommendation: That the Council adopt two resolutions which incrementally approve the paying, and reporting the value, of Employer Paid Member Contributions pursuant to the MOU dated July 1, 2000. Councilmember Hodges stated that in keeping with the vote regarding the MOU she would vote no. Resolutions 19879 and 19880 were presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and carried by the following vote that R19879 and R19880 be adopted. AYES: Oden, Reller-Spurgin and Kleindienst NO: Jones and Hodges. 15. POLICE SAFETY UNIT— PERS CONTRIBUTION Recommendation: That the Council adopt two resolutions which incrementally approve the paying, and reporting the value, of Employer Paid Member Contributions pursuant to the MOU dated July 1, 2000. Councilmember Hodges stated that in keeping with the vote regarding the MOU she would vote no. Resolutions 19881, 19882 and 19883 were presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and carried by the following vote, that R19881, R19882 and R19883 be adopted. AYES: Oden, Reller-Spurgin and Kleindienst NO: Hodges and Jones. 17. PERSONNEL SERVICES— PORTER TANNER Recommendation: That the Council approve an agreement with Porter Tanner to conduct personnel investigations, on a case by case basis, for the period of June 1, 2000 through June 30, 2001, not to exceed $25,000. A4262. Council Minutes 8-2-00,Page 8 Councilmember Oden stated that the staff report has been reviewed, but questioned what are the plans for addressing the needs determined by the investigations. City Manager stated that this will be a stop gap measure; that the City is in need of a Threat Assessment Policy and team; that the team would consist of employees and the City Attorney; that a presentation of a policy will be presented to the Council that will handle the issue; that the program should come forward in the next thirty to sixty days; and that with the implementation of the program, this type of contract would be used less. Minute Order 6683 was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried that MO6683 be adopted. 22. PURCHASE FIVE NEW POLICE MOTORCYCLES Recommendation: That the Council approve the purchase from Harley Davidson of Palm Springs 5 new police motorcycles at a net cost of$30,115. Councilmember Oden stated that it is good to see this type of purchase being done locally. Minute Order 6688 was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that MO6688 be adopted. 24. ALCOHOL BEVERAGE CONTROL GRANT Recommendation: That the Council approve a Resolution authorizing the City Manager to enter into a contract with the State of California Department of Alcoholic Beverage Control to receive a grant of$80,000. Police Chief stated that the ABC Board had approved a grant to assist in enforcing ABC laws; and that the recommendation is for Council to consent to the acceptance of the grant. Councilmember Oden questioned if the approval would generate the hiring of additional personnel. Police Chief stated that a current officer would be assigned the detail. Councilmember Oden questioned if the grant included funding for education on drug and alcohol issues. Police Chief stated the grant would include funding for training. Council Minutes 8-2-00,Page 9 Councilmember Oden commented that the number of grant opportunities being presented at this meeting is exceptional. Resolution 19886 was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried that R19886 be adopted. 33. AIRPORT PARK PLAZA Recommendation: That the Council approve Consent to Assign from John Apostle and Helen Apostle, trustees of the Apostle Family Trust, to AP-Palm Springs Airport LLC, and approve lease extensions for a total of 18 years for property located at 255, 265 and 275 N. El Cielo, Airport Park Plaza. A2528, 2529 and 2636. Minute Orders 6692 and 6693 as recommended were presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, that MO6692 and MO6693 be adopted. PUBLIC HEARINGS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: a) Councilmember Jones stated that there are problems downtown; that the issues need to be addressed; that he had been on ride alongs with the Police Department, and that even though those times were quiet, there are incidents occurring; that most are alcohol related; that fights break out between the patrons of the nightclubs; that this is drawing down police resources from the rest of the City; that it may be that an assessment needs to be levied on those establishments that command an extraordinary demand on the police; that there have been discussions held during study session relating to the long term goals for solutions to problems in the downtown area and that he would suggest the matter be scheduled for short term goals at a study session after the August break. b) Councilmember Reller-Spurgin stated that she had received a letter from Councilmember Jones addressing various concerns and directed the City Manager to schedule a workshop after the August break to address those issues; and added that the Study Sessions have too much on the agenda for productive discussion. b) Councilmember Hodges stated that the downtown noise subcommittee could continue to meet during the August break. Council Minutes 8-2-00,Page 10 LEGISLATIVE ACTION: 28. TTM28087— EL DORADO On July 19, 2000 Council continued this matter to consider denial of approval of Tentative Tract Map 28087, applicant James F. Goldstein of El Dorado Limited Partnership, to subdivide the existing 377 spaces El Dorado Mobile Country Club for condominium purposes, located on 50.65 acres at 6000 East Palm Canyon, W-R-MHP and R-MHP Zones, Section 29. Mayor stated that at the last meeting the matter was continued to allow staff to prepare a resolution of denial; that he did in fact vote no to continue the matter concerning the denial due to continuing negotiations between the parties; and that it is now timely to hear the matter. City Attorney stated that at the last hearing the Council did direct a resolution with findings be prepared in denial of the project; that negotiations have continued and the parties have come to some agreement; that it was the Council's focus to allow meeting of the parties and a subcommittee; that because of the meetings, mechanicisms have been set in place to help mitigate concerns; that the two parties have reached agreement to come together to approve the conversion, with conditions; that a number of the conditions are a part of the original resolution, and are based on State Law; that the residents' concerns are largely addressed; that neither side is fully happy with the settlement, but both are willing to support it; that there will be economic benefit to both sides; that financial assistance will be offered by the developer; that there are a couple of points that could not be agreed to; and that although the public hearing has been closed, given the changes to the proposed resolution, both parties should be allowed to address the Council. Deputy City Attorney stated in accordance with Council desire, both sides were worked with to obtain a fair, just, equitable solution to mitigate the impact on residents; that both sides have made concessions; that neither side can claim the ideal solution; but the proposal does allow for a process to proceed in an orderly manner and protects the residents from adverse impacts; and reviewed the changes as presented in the proposed resolution. Sue Loftin, representing the applicant, read a prepared statement, copy on file in Office of the City Clerk; and added that appreciation to Councilmembers Hodges and Reller-Spurgin is given for their assistance in the process; that the work and effort put forth did bring the matter to this point and added that all point of records should be a part of this record, including, but not limited to: staff reports, Planning Commission records, City Council materials and all written documents relating to the matter. Council Minutes 8-2-00,Page 11 Charles Prawzdick, representing El Dorado residents, stated that the final product is not exactly what the residents want, but is in the gambit; that the approval should prevent any litigation by the owner against the City; and that the help rendered by the subcommittee and staff is appreciated. Councilmember Hodges stated that it has been a long week; that all involved have put in a lot of time and effort; that the proposed resolution is fair; that although this may sound overwhelming to the residents at this time, there will be time for the entire matter to be discussed with the Board; that major concerns were addressed; that assistance has been negotiated for each homeowner; that the funds will help with the down payments and getting in escrow; that the vast majority will have approximately $6,000 in assistance; that the subcommittee did its best; that neither side is 100% satisfied, landlord or tenant; but it is a good agreement and the process can now move ahead. Councilmember Oden stated that there was concern at the last meeting; that allowing some additional time for negotiations has brought forward a mutual agreement; that the pressing concern is for the low income; that those on low incomes have the greatest difficulty providing for themselves; that the agreement does remedy most concerns and that is does mitigate some of the worst impacts. Councilmember Reller-Spurgin stated that there is great concern for the residents; that she does work with people all day, and when concern was raised about the ability to obtain a loan, she did in fact contact some lenders to find out if age can be used as discrimination; that she has been assured that age cannot be a determining factor; that the subcommittee did meet four and one-half hours; that the problems were heard and mitigation measures taken; that when this type of agreement is reached, no one is truly happy, but that the result in this case is tolerable to both parties. Councilmember Jones stated that at the last meeting he did express his dissatisfaction with the lack of agreement; but at this point the agreement is about as fair as one will get; that all worked together to resolve the many points; that the owners did make a generous offer to help the residents; and that it is time to look forward to the residents owning the park. Mayor stated he was criticized over his vote at the last meeting; but that he simply did not want to say no and walk away; that it was and still is his intent to hear all sides and try to come to agreement; that the work of the concerned parties has allowed the dialogue to continue and come to conclusion; that much time was spent on the matter, but that both sides seem willing to accept the final agreement. Council Minutes 8-2-00,Page 12 Councilmember Hodges stated that she would encourage the residents to contact the Board to get their opinion on the agreement and added that if anyone wanted to call her to explain the agreement, she would be willing to render the assistance. Resolution 19889 approving TTM 28087, with revised conditions was presented; after which, it was moved by Oden, seconded by Hodges, and unanimously carried, that R19889 be adopted. 29. NEXTPHASE RECYCLING FACILITY FUND BUDGET Recommendation: That the Council approve the project development fund budget for the NextPhase Recycling Facility as proposed by Palm Springs Disposal Services for$400,000. City Manager withdrew the matter. 30. PALM SPRINGS INTERNATIONAL AIRPORT CHIHULY ARTWORK Recommendation: That the Council approve an agreement with Chihuly, Inc., for the installation of two sets of blown glass sculptures to be located on the pedestals around the interior fountain at the airport for $150,000; with option to purchase two additional sets of blown glass sculptures for the two remaining pedestals for$150,000. No General Fund monies requested. A4266. Public Arts Manager reviewed the staff report and added in answer to questions by Council that there will be a total of eight pieces; that there are two pieces for each pedestal. Consensus of Councilmembers that the art pieces are beautiful and will be an asset at the airport. Minute Order 6694 as recommended was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried that MO6694 be adopted. 31. REQUEST FOR PROPOSAL PROCESS FOR RECREATION CENTER Recommendation: That the Council approve development and issuance of a Request for Proposal from experienced and qualified firms to provide professional design services for the development of a recreation center, to include a new skate park, in conjunction with previously planned improvements to the swim center; and appoint a Proposal Evaluation Committee. Council Minutes 8-2-00,Page 13 City Manager stated that if approved the item would come back at the Council's September 20, 2000 meeting for approval; and that the process for RFP will obtain a firm that has the best to offer the City. Minute Order 6695 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried that, MO6695 be adopted. Note: No Committee appointed. ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests Mayor appointed the following to Commissions: a) Commission Vacancies: Airport— 1 — Term 6-30-03 Gene Ramirez HSPB —2 — Term 6-30-01 John Connell 6-30-03 John Isermann Rent Review—2—Term 6-30-01 (vacant) 6-30-02 Abe Zacker after which, it was ratified by the Council, Jones voting no on Airport appointment, that the appointments be made. Councilmember Jones stated at the last meeting it was indicated that there was no closing date; that he had been in contact with possible applicants regarding the Airport Commission and added that time should be given for those applications to be filed. PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk