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HomeMy WebLinkAbout1991 - MINUTES - 12/18/1991 CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 18, 1991 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Bono, in the Council Chambers, 3200 Tahquitz Canyon Way, on Wednesday, December 18, , 1991 at 7:30 p.m. ROLL CALL: Present: Councilmembers Broich, Hodges, Murawski , Neel and Mayor Bono Absent: None The meeting was opened with a Flag Salute and invocation by Father William Erstad, Our Lady of Solitude. PRESENTATION: a) Plaque to former Commissioners: Dave Baron - Economic Development Commission Beth Olivier - Library Board b) Representative from Governor Wilson' s Office, stated that on behalf of the Afro-American Community and Governor Wilson, congradulations are extended to Mr. Joseph and the City of Palm Springs for recognizing Martin Luther King Jr. as a declared City holiday. REPORT POSTING OF AGENDA: Report of Assistant City Clerk: Agenda posted in accordance with Council procedure on December 13, 1991. APPROVAL OF MINUTES: It was moved by Broich, seconded by Neel , and unanimously carried, that the Minutes of November 20, 1991 be approved. INDUSTRIAL DEVELOPMENT AUTHORITY, FINANCE AUTHORITY-No business PUBLIC HEARINGS: None PUBLIC COMMENTS: a) Van Suitt, 1600 Beverly Drive, stated regarding item 6 that he owns 72 acres within Kaiser's Mines; that his trustee is the Federal Government for the interest; that in his opinion the Council could consider alternatives to the Eagle Mountain dumpsite, such as removing the top soil of the Municipal Golf Courses put the trash in the ground, and replace the Course; and that if the deepwells were eliminated, the project could be approved. b) Ruth Licata, stated that Palm Springs Disposal contract is recommended to be continued by the Recycling Committee; that the company is considerate of citizens needs; that in compliance of the State mandated Recycling Program a questionnaire had been sent to the residents regarding recycling; that the disposal company has performed well and urged supporL. ( 148- 001) aJ"1 Council Minutes 12-18-91, Page 2 PUBLIC COMMENTS (Cont'd) c) Bell Autry, no address given, stated that regarding item 19, all bids should be rejected; that the lowest bidder, was not selected; that the bid was in technical compliance; that the company was the only company to complete the bid documents; that the reason given for rejection was that the bids were above the consultants estimates; that the bid did specify that (051 the bids must range within 14 - 20% of the monies 015) allocated for• the project; that in addition the bid allows for a 25% variation; that one of the conditions was concerning work hours; his company did specify that the work hours would be 11 p.m. - 7 a.m. ; that objection is raised on the basis that his bid became a public document; and that the bid should be awarded to Holmes and Narver. d) Frank Bogert, 2787 Plaimor, stated that for the past 20 years, Palm Springs Disposal has been cooperative, maintained excellent equipment, and kept up with modern practices; that there are very few cities that the disposal service will pick up trash from back and (148- side yards; and urged support of the renewal of the 001 ) contract. e) Paul Selzer, Best, Best, and Kreiger., requested item 9 be separated to allow for comment at the time of consideration; that time needs to be allowed for contract negotiations in good faith; that the contractor has not had an opportunity to talk to the City Council and would like to receive input from the members. (148- Councilmember Murawski stated that the item should 001.) be discussed at a Study Session. Councilmember Broich stated the item could be separated. f) George Goldberg, stated that the Council is elected to serve the people; that it would be a waste of money to have a full-time paid Council ; that a local ati;orney should be employed to serve as the City Attorney; and that in his opinion, past Council ' s have implied that swap meets bring in low class people. g) Linda Cooper Lee, 980 Garden Road, stated that the restroom facilities in the Council Chamber lobby need some attention and repair; that a walk signal is needed at the intersection of Avenida Caballeros and Racquet Club Road; that Racquet Club traffic is too fast; and that more Police Officers should be stationed in the area. h) Lee Jarvil , stated that item 19 should be rebid; that the new contracts should be redrawn; that only six principal contractors had pre-qualified; that of the six only three had submitted bids;; and that; the (051- rebidding should be limited to those three. 0115) Council Minutes 12-18-91, Page 3 PUBLIC COMMENTS (Cont'd) i ) Tony Scaramino, requested the Council delay any action until after the Environmental Impact Reports are complete; that the finalization will not be until March; that the City Council and staff are invited to tour the facilities; that Mine Reclamation Corporation will supply a technical person to give a presentation for the Council ; that the facts should (123- be disclosed before any decision is made; and requested 011) the Council continue the item until after the Riverside County Planning Department had reached decision. j) Dee Dee Stone, 142 Eastlake, expressed opposition to the Eagle Mountain Landfill . k) Edward Joseph, no address given, stated that efforts by the Council in proclaiming Martin Luther King Jr. as a holiday in the City is an example of a City that cares; and that the City of Palm Springs leads by example. 1 ) Paul Selzer, Best, Best, and Krieger, stated that regarding the matter of Eagle Mountain Landfill , it is difficult for the Council to make a decision without all the facts; that the Council has expressed concern regarding pollution in the groundwater; that there will be hearings and evidence submitted before the decision is made by Riverside County; that transcripts will be provided; that an expert will be available (123- for the Council to speak to; and that there is time 011) for the Council to make an informed decision. m) Fred Ebling, no address given, stated that he appreciates the Council in the support that has been given to the video recording of the Coeincil meetings and study sessions. n) Elliott Field, 1380 Tamarisk, stated concerning item 9, with Palm Springs Disposal Services, there should be good faith negotiations, and that the award should be well-documented, so that the layman can understand (148- it• 001) o) George Thomson, 769 Cresent, Drive, stated that many companies employ competent computer staff; that the City uses Hewlitt-Packard systems , and pays $40,000 a year for a fully-staffed computer company, but that item 16 has a recommendation to use a company not fully-staffed, for $95,000; that a professional electrical engineer should be hired to evaluate the (117- computer needs of the City; and recommended that the 006) Council proceed with the present computer contract until April , to allow new administrators to review the bids or to award the bid to the lowest bidder of $65,000. Council Minutes 12-18-91, Page 4 PUBLIC COMMENTS (Cont'd) p) Dominic Rainey, Westec, stated that there are some questions regarding item 16; that the RFP response time required was four hours, which his company committed to; that the proposed award to MicroSupport has a response time of two hours; that if the City wanted a two-hour response time, then it should have asked for it; that the difference in the total amount of the bids is $36,000; that the strength of (117- MircoSupport will come from this award; that Westec 006) strength is based on over nine years of servicing these types of systems; and that he questioned in what way the City will save money. q) Bob Barrett, PCS Computers, stated objection to the awarding of bid to MicroSupport; that his company has been in business for two years; that the RFP was only an informal bid; that everyone agreed to "put together some numbers" , and now a contract has been generated; that financial statements had been requested for the past two years; that the MicroSupport company does not exist; that there is no business license (117- for the company in Palm Springs, nor Cathedral City; 006) and recommended an expert be hired. Industrial Development Authority, Housing Authority-No Business JOINT SESSION OF COMMUNITY REDEVELOPMENT AGENCY, CITY COUNCIL LEGISLATIVE ACTION: 1. COYOTE RUN APARTMENTS Recommendation: That the Agency/Council approve amendments to the Disposition and Development Agreement with the Coachella Valley Housing Coalition for 'the Coyote Run Apartments allowing a ground lease of the property, subordinating use restrictions to financing, and security for the Redevelopment Agency loan of $200,000; and authorize the Executive Director/City Manager to execute necessary documents. -A2935 A261C (085- City Attorney reviewed the staff report and added that O08) the other aspects of the $200,000 loan would be paid at the completion of construction. Resolution 17706 amending Disposition and Development Agreement; and Resolution 17707 authorizing City Manager to accept Quitclaim executed by Fredricks and Lyons Development Corporations; and Resolution 837 amending Disposition and Development Agreement; and Resolution 838 authorizing Executive Director to accept grant deed as recommended, subject to City Attorney revisions, were presented, after which; it was moved by Hodges, seconded by Broich, and unanimously carried that R17706, 17707, 837 and 838 be adopted. Adjourn as the Community Redevelopment Agency, remain in session as the City Council . Council Minutes 12-18-91, Page 5 LEGISLATIVE ACTION (Cont'd) 2. MUNICIPAL CODE AMENDMENT - SPEED ZONING ON CITY ARTERIAL STREET SYSTEM. Recommendation: That the Council consider modifying speed limits on City arterial streets and authorize the City Traffic Engineer to cause signs to be placed on said arterial streets posting notice thereof. City Manager reviewed the staff report and no further report was given. Councilmember Hodges stated that some of the proposed speed limits seem too low; and questioned what criteria is used to establish the limits. Director of Public Works stated that a median is established by using 80% of the average speed on a street. (132- 001) Assistant City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 12.20.020 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO ESTABLISHMENT OF CERTAIN SPEED LIMIT ZONES. It was moved by Neel , seconded by Hodges, and unanimously carried, that further reading be waived and Ordinance be introduced for first reading. 3. MUNICIPAL CODE AMENDMENT - THE PRESENCE OF DOGS AT VILLAGEFEST Recommendation: That the Council prohibit dogs at Villagefest. City Attorney stated that the Ordinance was proposed because on the number of dog fights, and the nuisance that the dogs are creating. Police Chief stated that the Department has not received any calls relating to dog problems at the VillageFest. Councilmember Murawski stated that the City does not need to legislate dogs; that the atmosphere of the VillageFest (103- is one of community; and that dogs are walked on leashes. 001) Councilmember Broich stated that that the leash law should be enforced. It was moved by Murawski , seconded by Broich, and unanimously carried, that the Ordinance not be adopted. . a Council Minutes 12-18-91, Page 6 LEGISLATIVE ACTION (Cont'd) 4. ORDINANCE FOR SECOND READING & ADOPTION (Intro 12/4/91) Assistant City Clerk read title of Ordinance 1401, concerning Study Sessions; after which, -it was moved by Murawski , seconded by Neel , and unanimously carried, that further reading be waived; and it was moved by Murawski , seconded by Neel , and carried by the following vote, that (103- Ordinance 1401 be adopted. 001 ) AYES: Murawski , Neel & Bono NOES: Broich & Hodges ABSENT: None 5. ENGINEERING CONTRACT FOR DESIGN OF FLOOD CONTROL STRUCTURES WITHIN TAHQUITZ CREEK AND PALM CANYON WASH Recommendation: That the Council approve an engineering services agreement with John Tettemer and Associates LTD. , for design of flood control structures within the Tahquitz ,- Creek and Palm Canyon Washes as required by the Riverside (09` County Flood Control and Water Conservation District; and 010) Federal Emergency Management Agency for a cost net to exceed $111,500.00. A#3056. City Manager reviewed the staff report, and no further report was given. Minute Order 4917 as recommended was presented, after which; it was moved by Neel , seconded by Murawski ;, and unanimously carried, that M04917 be adopted. 6. Cs. 20. 123 - MINE RECLAMATION CORPORATION FOR EAGLE MOUNTAIN LANDFILL SPECIFIC PLAN, AT EAGLE MOUNTAIN IN THE CHUCKWALLA VALLEY, RIVERSIDE COUNTY. Recommendation: That the Council adopt resolutions opposing the Eagle Mountain Landfill Project until all environmental issues have been addressed in the public record. Director of Planning and Zoning stated that staff had provided a detailed staff report outlining concerns; that the existing documents that have been provided by Riverside County Planning Department thus far are not complete; that the evidence does not show that ground water will be effected; that if the Council does defer action on the matter, any concerns the Council may have, will not (123- be required to be addressed in final documents; that 011) approval of the resolutions will enable staff to be more direct in any meetings; and that once information starts the finalization process, time will be limited for Council review. Councilmember Murawski stated that; in his opinion, citizens do not want train after, train hauling refuse coming through the community; that once Palm Springs takes a stand, other Cities in the Valley will also do so; that the only thing protecting the ground water is a liner, and asked who will guarantee that liner, or repair it; and that should something adverse happen, the next five generations will be affected. Council Minutes 12-18-91, Page 7 6. Cs 20. 123 - EAGLE MOUNTAIN LANDFILL Councilmember Broich stated that the public should be aware that 9 -10 train trips per day will be going to the landfill ; that the City is endeavoring to bring passenger trains to the City for tourists, and easier travel for the citizens; that the trash trains will impact the use of the rails; that the number of cars on the trains is not mentioned; that should a disaster occur at the landfill , there is a question as to who will pay the cost for clean-up; that the air quality will be impacted; that the only entity benefiting from the project is the County; that the proposal is to haul toxic trash through the community; that the resolutions should be revised to include language addressing the concerns of Council relating to the number of trains coming into the Valley, and how it will affect the passenger rail traffic; and that he is opposed to the landfill . Councilmember Neel stated that there are no time constraints on the issue; that the Council should delay action to allow time for the experts to finish their studies; that they are knowledgeable and will be able to answer any Council questions; that the issue is highly controversial and misunderstood; and that time should be allowed for the County and BLM to complete their processes. Councilmember Hodges stated that the last sentence of the resolutions stated that the Council will oppose the project until sufficient information is provided in the public record for the Council to reevaluate the project; but that the Council needed to take a position now. Resolution 17709 and 17710 revised to add concern regarding the number of trains travelling through the Valley, and the impact to passenger trains, were presented, after which; it was moved by Broich, seconded by Murawski , and unanimously carried, that R17709 and 17710 be adopted. 7. LIGHT STANDARDS - PLAZA THEATRE DISTRICT DEMONSTRATION PROJECT. Recommendation: That the Council accept the donation of three (3) light standards from Zachary Pitts. City Manager reviewed the staff report in detail , and no further report was added. Councilmember Broich commended staff for their efforts and expressed appreciation to Mr. Pitts for the donation. (134 Councilmember Murawski stated the intent is for the design 0011 to be used in all lamp lighting downtown; and that the downtown area will be lighter and brighter. Resolution 17711 as recommended was presented, after which; it was moved by Broich, seconded by Pkirawski , and unanimously carried, that R17711 be adopted. Council Minutes 12-18-91, Page 7 8. DOWNTOWN PARKING IMPLEMENTATION PLAN Recommendation: That the Council approve an amendment to the Downtown Parking Implementation contract with Kimley-Horn and Associates to provide additional consulting services:, and amend the budget therefor. A#3057. City Manager reviewed the staff report and recommended an additional $10,000 be added to the scope of services for a parking structure on North Palm Canyon for Palm Mountain Resort. Resolutions 17712, revised, and 17713 as recommended, was presented, after which; it was moved by Broich, seconded by Murawski , and unanimously carried, that R17712 and 17713 be adopted. 9. CONSIDERATION OF PROPOSAL FOR PALM SPRINGS DISPOSAL SERVICES Recommendation: That the Council consider proposal from the Palm Springs Disposal Services. Proposal to be supplied at Study Session. City Manager reviewed letter from Best, Best, and Kreiger, and highlighted that the rates for single-family residential units will remain unchanged through December 31, 1993; that adjustments may be required due to increased pass,-thru of land-fill rate changes; that it is proposed that the rated be adjusted annually pursuant to the consumer price index, but that the annual rate increase would not exceed three percent without the consent of City Council ; that meetings between staff and representatives of Palm Springs Disposal Services started in October, 1991 ; that the there are a number of conditions and issues that remain unresolved; that the City proposed a five-year contract with three five-year options, that the contractor representative objected to the term based on the guarantee of only five years would not be long enough to amortize the cost of new equipment; that the City has requested a $20 million umbrella insurance policy, but that: the contractor agrees to raise the current levels, but not to the proposed amount; that the City requested a $1 million performance bond, but the contractor has offered a $400,000 (148- performance bond limit; that the City requested a certified 001) annual financial statement, and the contractor has agreed to provide financial statements, but questions the cost of the requirement of a certified statement; that; the City has requested that the provider' s rate schedule for services be reviewed annually, that the contractor indicates that it is open to discuss the proposal , but requests a formula approach be developed; that the City has required all new trucks, bins and equipment, and the contractor does not agree with the request, and has not provided alternatives to the request; that the City has requested that the contractor be responsible for compliance with AB939, the contractor has agreed, but has requested the City designate a full-time position to carry-out, the responsibilities of the City; that the City has requested that the Company' s service vehicles not exceed net weight of 35,000 pounds for main streets, and 14,0010 on residential streets, the contractor has not addressed the 'issue, and is obtaining information on the subject; and that the City has requested that prior written consent of the City must be obtained before changed ownership or transfer of stock that exceeds 10%, but that the contractor proposed 35%. { �f Council Minutes 12-18-91, Page 9 9. CONSIDERATION OF PROPOSAL - PALM SPRINGS DISPOSAL (Cont'd) Paul Selzer, Best, Best, and Kreiger, stated that the Council is not being asked to make a decision to determine the contract, but that some issues did need to be addressed; that the contractor does propose that the service schedules remain the same, twice per week backyard pickup, but that one of the bi-weekly pickups be for general household waste, and the second be limited to greenwaste; that a $5 million umbrella policy and a performance bond in the amount of $500,000 be allowable; that during the last ten years the City has never been named in any action or claim against the Company, that during the last five years the Company has had 28 claims, with an average loss of $2,806; that the Company proposed amounts will more than adequately protect the City, and at the same time will not adversely affect the rate for the customers; that the Company is prepared to provide certified annual statements, but that it will add $2 per residential customer per annum, that given the fact that the City does have the right to audit the account at any time, and that it the audit determines the records are inaccurate, the Company is responsible to pay for the audit, as we'll as making up any of the financial discrepancies found, it would seem that a certified audit is unwarranted; that equipment will be replaced on a timely basis, and that the City may inspect the equipment at any time to allow required replacement or reconditioning of any equipment found to be unsafe, unsightly, or unsanitary; that 'there was a misunderstanding regarding recycling responsibilities under AB939, that the City does have a Recycling Coordinator, whose position is funded pursuant to the surcharge imposed by the City, and that the Contractor is is full agreement in respect to the shared responsibility with respect to that law; that the Change of Ownership is requested to be negotiated due to the fact that the Corporation does have four shareholders, any of whom could die unexpectedly, and one of whom may desire to retire prior to the end of the term of the agreement; that the the City has indicated its desire for the contractor to obtain new vehicles not to exceed fourteen thousand pounds; that this is not the standard for the industry and based upon preliminary investigation, the replacement of the entire fleet with vehicles meeting that weight standard would result in a rate increase of approximately $7 per month, or approximately fifty percent of the current rate proposed; that the contractor is willing to work within parameters; that it would not be in the best interest of the contractor to agree to a five-year fixed-term contract; that the opportunity to amortize with a five-year term is not possible; that rather than a potential twenty-year contract, closure could be reached by a roll over proposal each year the City could reopen any part of the contract; that once closure is reached, the contract is modified, and the term would start to wind down; that the City would have the right to raise issues with the contract year; that the contractor is proposing a ten year each rollover term; that if Federal or State Law does change a requirement, the Law would supersede the contract; that the contractor will agree to a five-year Council Minutes 12-18-91, Page 10 9. CONSIDERATION OF PROPOSAL -• PALM SPRINGS DISPOSAL (Cont'd) contract, but that the ten-year rollover is best; that basically the concept is that each year the City could reopen contract negotiations and put any matter on the line, i.f agreement could not be reached, the rollover provision would terminate, and the Contract would begin to wind down; that the City consider amending the Ordinance that should the contractor or any of its officers or directors be found guilty of any felonious conduct related to the performance of the agreement, or the conduct related to antitrust activities, or illegal transport of toxic waste materials, bribery of public officials, the City could terminate the contract; and that in summary that the same service rates for residential pick-up would be for a period of twenty-seven months, and that the City of Palm Springs will receive $716 as revenue or as in-kind services in the form of Franchise Fee Revenue and free services to City facilities. Councilmember Neel stated that everyone is cooperating; that the biggest concern of the Council has been with the equipment, but that the equipment he has viewed is sufficient; and that the matter should be continued to the second meeting in January, to allow negotiations to continue. Paul Selzer, Best, Best and Kreiger, stated that some of the issues raised needs Council input; and would appreciate some direction of the Council . Bob Kuznik, Palm Springs Disposal , stated that the company is working for compliance with AB939; that one of the issues will be greenwaste; and that the proposed contract does state that there will not be a residential rate increase for 27 months. Councilmember Hodges, stated that there were 58 issues addressed by the subcommittee of the Council ; that: all of the 58 issues need to be addressed; that negotiations cannot be conducted in public; that this is a contract; that the rollover contract is not acceptable; that the matter could be continued to January; and that the contractor and City representatives should continue the negotiations. Paul Selzer, Best, Best, and Kreiger, stated that it was indicated that negotiations are public; that the contractor simply cannot purchase all new equipment:; and that; the position of the contractor is presented for public scrutiny. City Attorney stated that the second negotiation period of November 13, 1991, ended with the contractor to supply a proposal of rates for the 58 items requested by Council subcommittee; that the contractor stated they needed more specifics; that the contractor should address each of the 58 items separately, assigning a rate for each item, allowing Council the opportunity to evaluate each item separately; that there is some concern for confidentiality; that the contractor did not give the rates until this date; that Council has not had the time to consider the proposal ; that Council has indicated that there is a concern about the 10 year rollover aspect; that with the proposal submitted, the City is placed in a negotiating position; that Council could direct the staff in particulars; and that the Council has a series of options to direct staff, go out to bid, continue negotiations with direction from Council , continue the matter to study session, or to continue the matter to the next Council meeting. C 1% Council Minutes 12-18-91, Page 11 9. CONSIDERATION OF PALM SPRINGS DIAPOSAL CONTRACT (Cont'd) Councilmember Murawski stated that the proposal presented is getting closer to Council desire; and 'chat there are some issues that need to be addressed further. Mayor Bono stated that the proceedings were highly irregular; that negotiation of points should not be conducted at this time; that the proposal from the contractor was given to the Council at the eleventh hour; that the proposal at this point is unacceptable; and that the matter needs to be continued to the next meeting. Councilmember Neel moved the matter be continue for two weeks. Councilmember Broich stated that there are some questions that the contractor needs to address such as seasonal pickup for part-time residents, and the rollover time; that the Council does have a window for negotiations; that the matter should go to RFP' s; that staff has been trying to negotiate the matter; and moved that the Council not accept the proposal and request RFP's. It was moved by Broich, seconded by Murawski , that the matter not be continued, the proposal be rejected, and that the matter go to bid. Paul Selzer, Best, Best, and Kreiger, stated that the contractor responded to Council requests; that the contractor has not delayed the matter; and that the negotiations need to be conducted in good faith. Councilmember Murawski stated that the request for rates was not supplied to the Council until this date. Bob Kuznik, stated that the rates were supplied in conference this date; that these are complicated issues; that more direction is needed by the Council as to specifically what is wanted. City Attorney stated that the matter could go through the bid process; that the law does provide for public bidding; that negotiations do need to continue; that the action of the Council has been in good faith; that the contractor did not provide rates until the last minute; and that negiotations could continue. Councilmember Neel stated that the contract does not expire until October, 1992; that there is no urgency to conclude the contracts at this time. Councilmember Hodges stated that the Council has entered into good faith negotiations; that negotiations do need to continue; that the current contract is not acceptable; and that a dead line could be placed on the negotiations, to allow ample time for RFP's. Councilmember Broich stated that the contractor has been given various deadlines, and that the matter is still not resolved. r, Council Minutes 12-18-91, Page 12 9. CONSIDERATION OF PALM SPRINGS DISPOSAL CONTRACT (Cont'd) Mayor Bono stated before staff was charged with the matter of negotiation, the contractor had submitted a contract for approval ; that: there are many issues that needed to be faced, such as the recycling program; that the Council is trying to deal in good faith, but that the contractor does have to address the concerns of the Council on a timely basis. Councilmember Neel stated that the contractor has integrity, and has negotiated with the City in good faith; and that this matter is an example as to why people do not want to do business in Palm Springs. Councilmember Murawski stated that the contractor needs to address each -item of the 58 concerns addressed by the Council subcommittee; and that the matter should come back to the Council at the next meeting. It was moved by Murawski , seconded by Broich, and unanimously carried, that the matter be continued to January 8, 1992. 10. DOWNTOWN PROPERTY IMPROVEMENT PROGRAM Recommendation: That the Council approve the Downtown Property Improvement Program, and amend the budget for $125,000 to provide funds therefor. City Manager reviewed the staff report and no further report was given. Jerry Ogburn, Director of Economic Development, stated that the boundaries of the downtown business district (133- should be incorporated into the resolution. 6 ems) Resolution 1771='- revised, and 17715; were presented, after which, it was moved by Broich, seconded by Murawski , and unanimously carried, that R1771<{ and 1771.s'be adopted. 11. LEASE OF BULLOCK'S PARKING LOT Recommendation: That the Council authorize leasing of the former Bullock's parking lot for $35,000 to John Wessman for a three-month period, and amending the budget to provide funds, therefor. City Manager reviewed the staff report and added that staff is researching the parking meter question, per Councilmember Broich' s request. Councilmember Broich stated that if costs were incurred for the purchase of the meters, the purchase should be (133-- delayed for three months. 0V0) City Manager stated that the lease would come back for final approval of the Council . Resolutions 17716 and 17717 as recommended, excluding pay for parking plan, were presented, after which; it was moved by Broich, seconded by Hodges, and unanimously carried, that R17716 and 17717 be adopted. Council Minutes 12-18-91, Page 13 12. FIRST PUBLIC RELATIONS MARKETING CONTRACT Recommendation: That the Council approve a contract with First Public Relations to market Palm Springs in Germany and the United Kingdom for $48,400. A3058. City Manager reviewed the staff report and added that the previous year' s contract cost was less. Councilmember Murawski stated that the contract was reviewed by the Visitors and Promotion Board, and was unanimously approved. Mayor Bono stated that the effectiveness of the.,-'contract needs to be tracked. (050- 004) Director of Tourism stated that it is difficult to tract advertising results, but that a good deal of broadcast was done; and that the number of British and Garman tourists have increased. Mayor Bono stated that the advertising needs to translate into dollars, that the hotels could be requested to track the nationality of the tourists, and direcied staff to follow up the request. Minute Order 4918 as recommended was presented, after which; it was moved by Murawski , seconded by Neel , and unanimously carried, that M04918 be adopted. 13. MARTIN LUTHER KING JR. DAY Recommendation: That the Council approve Addendum No. 1 to the General Unit Memorandum of Understanding to establish Martin Luther King Jr. Day as a recognized holiday for City employees. Councilmember Broich stated it is due and proper to proclaim Martin Luther King Jr. day as a City holiday. Councilmember Hodges stated that the the matter is long overdue; that it is timely for the proclamation; and that (110- the Council appreciated the efforts of Mr. Joseph. 004) Councilmember Broich concurred with Councilmember Hodges and added that Mr. Joseph and the staff' s efforts are appreciated. Resolution 17708 as recommended was presented, after which; it was moved by Broich, seconded by MU rawski , and unanimously carried, that R17708 be adopted. 14. ADDITIONAL LEGISLATIVE ACTION: None CONSENT AGENDA: Note: Items 16, 17 and 19 were discussed separately. 15. Res 17718 amending the budget for provide additional funds for the cost of Special Consolidated Municipal Election, November 5, 1991 for $15,500. (061- 16. Separate, see Item 28. 010) Council Minutes 12-18-91, Page 14 CONSENT AGENDA (Cont'd) 17. Separate, see Item 29. 18. Res 17711 amending Comprehensive Fee Schedule 16317 relating (114- to fuel flowage Fees. 006) 19. Separate, see Item 29. 20. Res 17722 authorizing the City Manager to accept. Grant Amendment (051- NO. 1 to Airport Improvement Project 14. 020) 21. MO 4919 approving renewal of agreement #2816 with Resort Parking Services to provide parking services at the Palm Springs (139- Convention Center For a period of one year, effective December 001 ) 29, 1991. 22. MO 4920 authorizing staff to negotiate with Art. Springs Artists (117- Association for a lease on property know as Frances Stevens 02,3) School at 550 North Palm Canyon Drive. 23. Res 17723 naming Helen E. Perlman as recipient of Palm Springs (074- "Living for your 90's, Community Role Model Award. 001 ) 24. MO 4921 awarding bid for one electric scissor lift to American (084I- Hi-Lift Corporation for $24,532.52. OOEI) 25. MO 4922 awarding bid for a total of seven used vehicles from (0841- multiple vendors for a total award of $74,783.04. O08) 26. MO 4923 approving prequalification of audio system contractors (139- to bid on furnishing and installing an audio/audiovisual system 002) for the Palm Springs Convention Center, CP91-32. 27. Res 17724, 17725, 17726 and 17727 approving payroll warrants (086- and claims & demands. ) Resolutions '17718 'through 17727 and Minute Orders 4919 through 4923 as recommended was presented, after which; it was moved by Broich, seconded by Murawski , and unanimously carried, that R17718 through 17727 and M04919 through 4923 be adopted. 28. PROPOSALS FOR MAINTENANCE OF CITY OWNED PERSONAL. COMPUTERS: Recommendation: That the City Manager be authorized to negotiate a contract with MircoSupport Group Inc. ;, for maintenance, repair, and technical support services for (11T- the City' s PC equipment, to be presented to the Council 006) for final approval . Council Minutes 12-18-91, Page 15 CONSENT AGENDA (Coot'd) Councilmember Broich read a prepared statement stating that when a business like the Desert Sun ' s computers go down, he was sure that they would want them fixed quickly, and efficiently; that when the City' s computers go down, the same is needed; that the issue is who is best for the City, and will ultimately save the City money; that the Desert Sun accuses him of is showing favoritism towards MicroSupport, because he has done business with the owner; who is a reputable businessman; that the facts are that the subcommittee of the Council reviewed the RI-P's responses and decided which company would provide the overall value for the City; that the televising of the meeting will allow the public to hear the true facts, and that the recommendation of MicroSupport should stand to be awarded the contract. Motion by Broich to negotiate a contract with MicroSupport, failed due to a lack of second. Councilmember Hodges noted that additional information was requested at the study session; that Computer Services appears to be the low bidder; that she had some concern why the service did not go out to bid. City Manager stated that there are a variety of bidding procedures available; that the Council designated Councilmember Broich to coordinate the effort; that the bids are listed on the staff report from highest bid to lowest; that each bidder gave a background report on the principals of the companies; and that should the Council desire bidding; at least thirty days are needed. Councilmembers Murawski and Neel agreed that the proposal should go out to bid. Councilmember Murawski concurred with Councilmember Neel . Councilmember Broich stated that the information is in the staff report; that a computer is not working at the Visitor Information Center, and time is of the essence. Mayor Bono stated the points made are well taken; but that the request should go through the process. It was moved by Murawski , seconded by Neel , and unanimously carried, that the bidding process be opened for contract services of personal Computers. _J Council Minutes 12-18-91, Page 16 CONSENT AGENDA (Cont'd) 29. OFF-AIRPORT RENTAL CAR ACCESS FEES Recommendation: That the Council approve an increase in the off-Airport rental access from 7% of gross to 9% of gross. Councilmember Murawski stated that the timing for the increase is inappropriate, and that the rate increase should be effective in July, 1992. Councilmember Hodges stated that the there are differences between on-site and off-site car rentals, and the benefits of each; that the bids to be on-site only differ by a small amount; that with the increase more suppliers would have bid to be on-site; that one supplier stated that the suppliers were not given the schedule of' the calculation of benefits; and that the increase should be from 7 to 8 0 0. (114 Director of Aviation stated that the intent was to maintain 006 ) the rate structure, however, the suppliers were aware that there may be an increase; that the Airport Commission clarified the recommendation of 9%; that the difference between on-site and off-site is the rental of building space, etc. ; that the rate increase is needed to cover expansion bond costs; that the tenants were told that the increase would be coming; that the projected revenue is needed; that the $40,000 additional amount is part of the financing plan; and that the off-site differential rate was upheld in the Appellate Court. Resolution 17719, revised to reflect effective date of July, 1992 was presented, after which; fit was moved by Murawski , seconded by Broich, and carried by the following vote that R17719 be adopted. AYES: Broich, Hodges, Murawski NO: Bono, Neel ABSENT: None 19. AIRPORT ACCESS CONTROL-BID REJECTIONS Recommendation: That the Council reject all bids for the Airport Access Control Project:, CP90-24„ FAA AIP-12/13; authorize staff to file with the FAA for a deadline extension of six months; and authorize a re-bid with he six prequalified bid teams. Resolution 17720 as recommended was presented, after which; (051.- it was moved by Broich, seconded by Hodges, and unanimously 015) carried, that R17720 be adopted. Council Minutes 12-18-91, Page 17 ADDED STARTERS: None REPORTS & REQUESTS: 31. REPORTS RECEIVED & FILED July, August and September, 1991 Treasurer's monthly report (121- of cash accountability and September, 1991 operations 002) reports. CITY COUNCIL reports or requests a) Councilmember Murawski stated that a letter needed to be sent to CVAG regarding the City' s position on Indian Wells ' proposal of ,pooling low income housing. Mayor Bono stated that the City has more than complied with the regulations regarding low-income housing; that a letter should be sent to CVAG; and should the (123- pooling become a reality, then Palm Springs should 004) be credited with past efforts. Councilmember Hodges stated that as a member Executive Committee of CVAG, she did vote for the issue; that there are "donor" Cities and "recipient" Cities; that a city does not have to participate; that the City of Palm Springs will not be forced to support the issue; that a city can only be a donor if 50% of its housing requirement is registered with SCAG; that the monies must be used within the three Coachella Valley School Districts; that there should not be a controversy with the issue; and that the plan will take 9-12 months to implement. Councilmember Broich stated that the plan for pooling the low-income housing is a method for Indian Wells not to fulfill its obligations; and that it has the funding available for low and moderate housing, and it should be used for such. Councilmember Murawski stated that Indian Wells has stated that the City does not want low/moderate housing in its town. b) Councilmember Broich asked for a clarification regarding the status of residency for Planning Commissioner Tysen. PUBLIC reports or requests a) John Weiser, 335 Avenue Fey Norte, stated that he shares irritation with regard to slanted editorials in the Desert Sun and felt that more information is needed regarding the Canyon Project and the Palm Springs Disposal Services contract; and the PEG Access channel is a good service offered by Warner Cable; and thanked staff efforts for coordinating same. Council Minutes ff 12-18-91, Page 18 PUBLIC reports or requests b) Van Suitt, 1600 Beverly Drive, commented on low income housing, golf courses, free golf to residents, a City College; and people who qualify for a mortgage will decline in numbers. STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. JUDITH SUMICH /C-1-ty--G 1 e rk By: PATRICIA A. SANDERS ASSISTANT City Clerk