HomeMy WebLinkAbout1993 - MINUTES - 12/1/1993 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
DECEMBER 1, 1993
A Regular Meeting of the City Council of the City of Palm Springs, was called io order by Mayor
Maryanov, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, December 1, 1993, at
7:30 p.m.
ROLL CALL: Present: Councilmembers Hodges,Lyons,Reller-Spurgin,Sc Imdorf and Mayor
Maryanov
Absent: None
The meeting was opened with the Salute to the Flag led by Boy Scout Troop 199 and art invocation by Joan
Hyams, President First Church of Christian Scientists of Palm Springs.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted i,accordance with
Council procedures on November 24, 1993.
INDUSTRIALDEV ELOPMENT AUTHORITY,HOUSING AUTHORITY,FINANCIAG AUTHORITY:
No Business
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjou_,±ed for the purpose
of convening as She Community Redevelopment Agency;after which,the Council reconvened,and business
resumed.
APPROVAL OF MINUTES:
Motion by Hodges, seconded by Lyons, to approve the minutes of November 3,nd 9, 1993,was
substituted by motion by Schlendorf, seconded by Lyons, and unanimously carded to approve the
minutes, with the following additions/changes:
Councilmember Schlendorf asked that concerning Page 6, November 3, the proposed assessment
district for parks and safety lighting, that the discussion should emphasize thnk if Ilse district were
approved, and if a community services district were approved by the voters in June, the revenue
from either would still come at the same time, i.e., the 1994-95 W. roll. :ihe also asked that
concerning her comment, under ComicH Peports and Requests, Page 11, it should be recognized
that if the staff had not obtained the bilieway path grant funds, they would!�xave gone to another
city.
Councilmember Lyons asked that his comments concerning Item 9, the first ae;ience,be changed
to "..stated that statements by SCE and others..." rather than the word "decay."
PUBLIC HEARINGS:
1. PARCEL MAP 27805 -TENTATIVE MAP - ANTHONY SA-LVAGGIO
Planning Commission Recommendation: That the Council approve a tentative,peel map to create
a 23.6 acre single parcel on the SE corner of Ramon Road and Crossley Load, for the Palm ( 119-
Springs Market Fair(CUP 5.0648). 001)
Item pulled from agenda, matter to be rescheduled
2. STREET VACATION -ROCHELLE ROAD
Recommendation: That the Council vacate the westerly 233 ffeot portion of Rochelle Road, from
Indian Canyon Drive, bounded by Lots 1, 2, 5 and 6 of the Rochelle Traci, ultimately to be
replaced by a caul-de-sac between ]Lots 5 and 6.
(145-
City Manager highlighted the memorandum of Director of Public Works. 001)
Mayor declared the hearing opened; there were no appearances, and the hearing was closed.
Resolution 18239 as recommended, was presented; after. which, it was rn a-ied by Schlendorf,
seconded by Lyons, and unanimously carried, that R18239 be adopted.
t
Council Minutes
12-1-93, Page 2
INTERAGENCY REPORTS
a) Councilmember Hodges requested that a Resolution of commendation be prepared for the
Habitat for Humanity, for its work in Cathedral City, and it be encouraged) to do
something similar in Palm Springs. She also reported that the Executive Committee of
CVAG met, and its action was to not change the criteria for the train station application,
as a result of request for Cathedral City to also included seating, which intended to also
file an application. She stated that the Executive Committee also defeated a motion to
establish a taxi regulation task force, and only Indio, La Quints and Palm Springs vote
in favor of the motion.
PUBLIC COMMENTS:
a) Comments concerning Item 10:
Al Swanson, representing Tettermer& Associates, explained the circumstances leading
to action by the RCFCD bumping the permit process to FEMA far review, which led to (092-
conclusion that it would jeopardize the approval, and very likely stop t➢ae golf course 010)
project from proceeding; that the Rana has considerable experience, acid it is very unusual
to have this occur; that when it was discovered, he contacted the City Manager, and
David Schey, which led to a series of meetings io discuss any issues preventing the
project from going forward; that it was a circumstance that could not have been included
in the original proposal, and it could not have anticipated the level of effort that was
needed to answer the issues that arose.
b) Comments re Item A16:
Carol Miller, Nationwide Companies, stated that the sale is only From I i a.m. to 4 p.m.,
contains in e;ccess of 350 'uterus, mostly collectibles, and one of a kind jewelry.
004)
c) Comments concerning a wUeas not related to an agenda item:
George Goldberg,regarding his opinion of mayors, and that the number o;candidates for
the office of mayor should be limited.
Joy Meredith,Main Street Board Member and merchant,complimented the improvements
made downtown, and expressed opinion that notification of the P.S. Market Place was
poorly done, and undersiced k was being addressed.
Darrell Meeks commented on taxes, and questioned if there would he a tax issue in June
or April, asked who was responsible for bringing issues to the ballot, and felt the public
should vote on any new tax.
Rolph Arnhym hoped that persons who addressed the Council would do so with respect,
and think before making demeaning statements. A young boy, Mike Meredith, also felt
people should show respect to the Council.
Fred Ebeling, resident, asked how people on life-line know about utility tax exemption,
and that he has received calls that the tax is being applied. He stated that there has been
no announcement or flyers about it. In this regard, Director of Finance reported that at
the time, the utility companies indicated that exemptions could not automatically be
applied; that there have been efforts to reach out to the community,vis-a-vis mobillehome,
parks and others, and that anyone who is paying the tax and feels they are erempt, may
contact him. City Manager stated that staff will re-review it with the utility companies.
It was suggested that information might be included in the bill which explains the tax and
the exemption process.
Mayor stated that concerning an election, the Council's pledge was that the utility tax
would not be continued after Jule 30, 1994, without a vote of the people; that the
majority of the Council has been moving toward a parks and lighting maintenance district,
which still needs public input. City Manager stated that there will be a report on the
December 15 agenda concerning funding mechanisms, and seeking Council direction for
staff efforts.
LEGISLATIIVE ITEMS:
Council Minutes
12-1-93, Page 3
3. MEMORANDUM OF UNDERSTANDING -FIRE UNIT
Consideration of MOU with the Fire Unit for fiscal year 1993-94.
This item pulled from the agenda; will be rescheduled following ratification by the unit.
4. MEMORANDUM OF UNDERSTANDING - POLICE UNIT
Consideration of MOU with the Police Unit for fiscal year 1993-94.
This item pulled from the agenda; will be rescheduled following ratification by the unit.
S. MEMORANDUM OF UNDERSTANDING - POLICE MANAGEMENT U1 TIT
6. MEMORANDUM OF UNDERSTANDING - PROFESSIONAL&MANA.G6MENT UNIT
7. MEMORANDUM OF UNDERSTANDING - FIRE MANAGEMENT UNIT
Consideration of MOU with the Police Management Unit foe fiscal year 1992-94.
Consideration of MOU with the professional&Management Unit for fiscal year 1993-94.
Consideration of MOU with the Fire Management Unit for fiscal year 1993-94.
City Manager reported that the memoranda maintain the status quo, and provides a $71,000
savings for the current fiscal year, shifts emp@ogees share of retirement cost to the employee,
provides that "leaves" are included in the Personnel Rules, but each units speciffics are included (110-
in its MOU; that mi➢age will be reimbursed at the IRS rate, car allowa_,c-s eliminated, and 012)
provision related to hours in excess of a normal wor➢c week.
(110-
Mayor pointed out¢hat the negotiations have been done with four of the six bn_1nining units, and 013
he congratulated each, as well as the staff, in "keeping their cool." under dnfzicult times.
(110-
Reso➢ution 18240 approving MOU with Police Management unit,as reconm undod,was presented; 014 l
after which,it was moved by Hodges, seconded by Lyons,and unanimously cm ied, that R18240
be adopted.
Resolution 18241 approving MOU with Professional c Management unit, m .acommended, was
presented; after which, it was moved by Re➢lea-Spurgin, seconded by Lyone, and unanimously
carried, that R18241 be adopted.
Resolution 19242 approving MOU with Fire Management unit, as recommended, was presented;
after which, it was moved by Reller-Spurgin, seconded by Lyons, and unanimously carved, that
R18242 be adopted.
8. EMPLOYEE HEALTH PLANS
Recommendation: That the Council elect to participate in the PERS Medical c hospital Care Act
on behalf of specified employee/council/group units, and approve agreemcDt� for group health (110-
insurance,dental insurance and long-term disability insurance and City contribution rates on behalf 007
of the professional & management unit, the police management unit, the fire rnnagement unit,
the exempt and city council, commencing.January 1, 1994, and for the general um. t commencing
December 1, 1993.
City Manager reviewed the recommendation.
Resolution 18243 through 19243 as recommended, was presented; after wliiccl, it was moved by
Lyons, seconded by Hodges, and unanimously carried, that R18243 throw L 13248 be adopted.
9. ANNEXATION 26 - WINTEC➢I
Consideration of agreement with Wintech concerning processing wind energy permits at the time
Annexation 26 is finalized, A
Item pulled from agenda, matter to be rescheduled.
Council Minutes
12-1-93, Page 4
10. GOLF COURSE EXPANSION - ENGINEERING SERVICES
On November 17, 1993, the Council continued consideration of amendment to agreement with
John M. Tettemer and Associates Ltd., for m increase of$7,500 to accommodate expansion of
work required to acquire approval from FEMA, A3157.
Parks &Golf Superintendent commented on the memorandum of Director of Parks, Recreation
& Golf Course, and added that many hours of staff time were spent recalculating the different
items,and that was no way to have anticipated the work when the scope of work was put together.
City Attorney stated that question was raised by Council at the last meeting regarding a cap on
the contractual services; that Section 1.8 of the contract excludes services specifically set forth in
the "Scope of Services" or reasonably contemplated therein; that the ultimate exposure exceeds
the amount of the scope of services; that the work has been done; and that the staff recommended
approval.
Mr. Swanson stated that they had no disagreement with Section 1.8, and included a reasonable and
prudent amount of time and effort to cover She scope of services to be rendered; that the number
of meetings, the white paper, the trip to Washington, D.C., are items that could not have been
anticipated when One scope of wort,was prepared; that such activities are not routine,nor was the
response from RCFCD expected, based on their experience, otherwise it is obvious the bid price
would have been higher; and that ho believed they are legitimate additional work items allowed
under Section
(092-
1.8. In answer to question by Council, he stated that he: spoke with Mr. Schey, who was the 010)
contract manager for the city at that time; that the issue was important because of the possible
derailing of the project by FEMA; that they proceeded with the understanding that they would be
compensated for it; that they spoke with Mr. Lortz and Mr. Strecker, although he did not have
it in writing, and he was to asked to prepare a white paper for the lobbyist.
City Manager stated that he spoke:with Mr. Swanson, and the City was facing an unusual situation
because RCFCD was passing the matter to FEMA, and ii was approaching making a local issue
a national concern, and he asked for the wbitepaper; that he also made a trap to the Flood Control
office; and that he agrees it was totally unanticipated and in essence, the City directed the work.
In answer to question by Council, Mr. Swanson staled that the number of hours reflects two hours
per meeting, per staff person, and I hour]prior to each meeting for preparation,which he felt was
realistic; and that Mr. Tettermer was already in Washington, D.C. on another matter, and only
charged the City for the time in meeting; that there was no formal response from RCFCD until
the documentation was prepared for FEMA. He also responded that the documentation to FEMA
was significant in both volume and data.
Councilmember Hodges stated that she raised this issue because she knew Section 1.8 was in the
contract, and feels it is an important issue; that it is important that staff and others realize
everything cannot just be approved all of the time, because projects end up costing more and
more; and that while she found it interesting, and did not necessarily agree, she was not
contending that the work was not done or not needed.
City Manager agreed that when something of this nature occurs, the Council needs to be:aware
of it and to anticipate what costs racy be incurred and to give direction at that time.
Councilmember Relller-Spurgin agreed, adding that the Council has a fiduciary responsibility.
Mayor agreed, adding that getting thejob dome in the most efficient manner is also important, and
large scale contracts cannot always anticipate everything; and the Council's goal is the same, and
the situations should be questioned.
Councilmember Schlendorf stated that the charges were much Hess than if they had to wait and had
to go back on another trip to Washington; that they tried to make it as beneficial for the city as
possible; and it is a project which cannot afford stumbles.
Minnie Order 5288 as recommended, was presented; after which, it was moved by Schlendorf,
seconded by Lyons, and unanimously carried, that M05288 be adopted.
Council Minutes
12-1-93, Page 5
11. TRAFFIC SIGNALS -SAN RAFAEL/INDIAN CANYON CP91-15
Recommendation: that the Council set hearing for January 5, 1994, for the consideration of a
resolution of necessity to acquire certain laud needed for the installation of traffic signals at the
above intersection.
City Manager highlighted the memorandum of Director of Public Works.
(130-
Resolution 18249 setting hearing as recommended, was presented; after which, it was moved by 001)
Hodges, seconded by Reller-Spurgin, and unanimously carried, that R18249 be adopted.
12. MUNIC➢PAL CODE& ZONING ORDINANCE AMENDMENTS (Intro. 11-17-93)
City Clerk read title of Ord 1463 re water efficient landscape requirements; and.
(103-
Ord 1464 re abandoned vehicle abatements. 001)
after which, it was moved by Schleadorf, seconded by Reller-Spurgin, and r mimously carried,
that further readings be waived, and Ordinances 1463 and 1464 be adopted.
The following were pulled, and will be rescheduled:
Ord ------ re noise standards concerning wind energy.
Ord-__(Zoning) re conditional use permits concerning wind energy. (103-
039)
13. HERITAGE TRAIL BIKEWAY PROJECT/MISCELLANEOUS SIDEWALX IN-FILL
Recommendation: That the Council approve filing application for TranspoyLation Enhancement
Activities Program and non-grant support of $117,800 for bikeway and edestrian project on
Belardo Road,from Alejo to Sunny Dunes,CP93-49,known as the Heritage Trail;and application
under said program and non-grant support of$96,000 for fill gaps in pedestrian and handicapped
sidewalks at various major and secondary thoroughfares, CP93-50.
City Manager reviewed the memorandum of Director of Public Works, and e-imphasized that the
city's matching funds are not General Funds, rather come from Redevelopment and Measure A (109-
funds. 004)
Resolution 19250 and 18251 as recommended, were presented; after whic�, it was moved by
Schlendorf, seconded by Reller-Spurgin, and unanimously carried, that 111'.250 and 18251 be
adopted.
14. BIKEWAY/PEDESTRIAN DREDGE CROSSING -PALM CANYON WASH
Recommendation: That the Council approve an agreement for design services for the above
project, under Bikeway Grant administered by the Riverside Co. Transportation Commission.,
CP91-13, A
(109-
Item pulled from agenda, matter to be rescheduled. 004)
15. TAXI REGULATIONS
Discussion and/or action if any, concerning options to address taxi regulations.
Councilmember Hodges stated that the cities of Indio and La Quinta voted in savor of a task force
when the issue was before the CVAG Executive Committee,and she would thiolk they would still (143-
be interested; that all jurisdictions should be asked to participate, and if they choose not to do so, 001)
Palm Springs should proceed in any event; that there may be Councilmembers (other than those
on the CVAG Committee) who might be interested.
Mayor agreed, and it was the consensus of the Council that the letter of mquest be from the
Mayor and Council.
It was moved by Hodges, seconded by Lyons, and unanimously carried, thw smh a letter be sent
to the cities in the Coachella Valley, and to the County, inviting them to join in a task force to
address taxi regulations.
(>(� Council Minutes
12-1-93, Page 6
15. Continued
Councilmember Schlendorf stated that there are several proposals the task force can review,which
have good suggestions;and that the CVAG action highlights a problem as to CVAG as the forum
for cities when there is a problem in it net within the context of the JPA to have other cities say,
"NO" because there are not enough votes, not is it a power issue. She asked that the City (143-
Manager request the CVAG Executive Director to put a forum on the Executive Committee as to 001)
what it is about and what the spirit of cooperation is and how it will be used.
ADDITIONAL LEGISLATIVE ITEMS: (Satisfied agenda posting requirements:; materials at meeting)
A16. NATIONWIDE COMMERCIAL AUCTIONS, LAND USE PERMIT
Consideration of Planning Commission action concerning a land use permit for an auction at the
Riviera Resort Hotel, December 18 and 19, 1993.
Director of Planning& Zoning reported that this item was placed on the agenda, because;it was
uncertain whether Council action would be needed as a result of Planning Commission action the
past week; that considerable time has been spent with the applicant, and it has been determined
that they are exempt under the ordinance, Section 5.40.050, since they, do not own any of the
merchandize,and are agents of a governmental entity or under a court order to liquidate; that there
are some items which are similar and being sold in local stores, but this is not a for-profit (111-
business, it is paid a fee for liquidating the items. 004)
City Attorney stated that this section of the Municipal Code had not been identified when the item
went to the Planning Commission, and a letter was requested, which was received, that they are
only selling this type of merchandize, and in his opinion that is exempt.
Ms. Miller stated that the City will receive sales tax.
No action was required; report received for filing.
CONSENT AGENDA:
17. MO 5289 approving subrecipient agreement with Mental Health association for 93-94 CDBG (085-
funds, $2,000 for services to people with AIDS, A3320. 001)
18. MO< aVapproving agreement with the School District for a full-time police officer on tree High (126
School campus for 93-94 school year (A3282 -originally approved October 6, 1993). 005�
19. Res 18252 approving payroll warrants and Res 18253-18254 Claims & Demands. (086)
It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that M05289 and
5290, and Resolutions 18252 through 18254 be adopted; Reller-Spurgin abstaining on Warrant
Nos. 881184, 880692 and 880754; and Schlendorf abstaining on Iv[O 5289 due to recent
appointment to its Board.
ADDED STARTERS: None
COMMISSION APPOINTMENTS:
Fire Services Consolidation Committee and P.S. Civic Center Authority.
In response to questions by Council, City Clerk stated that the posting requirements have been
met; that there were no applications received; and that the Mayor and Council could proceed with
an appointment as deemed appropriate. She also explained the purpose of the P.S. Civic Center (087-
Authority, which was created in the mid-1970s, and the two members whose terms expired some 001)
time ago.
City Manager stated that it appears dre Fire Management person will be.Iim Maclean, with Paul
Kerns as observer/alternate, and for Fire Safety, Mark Avner or his designee.
Mayor asked that these items be carried to December 8, 1993. So ordered.
REPORTS &REQUESTS:
Council Minutes
12-1-93, Page 7
CITY COUNCIL reports or requests
a) Councilmember Schlendorf requested a report on the Disaster Council, which is spelled
out in the Municipal Code, as to what it is, who is on it, and whew do they meet, etc.
b) Councilmember Lyons stated that the P.S. Air Museum has the possibility of obtaining
private financing, and has asked for a letter of support from the Council. Mayor stated
that the Council has already supported the concept, and he has the authority to send such
a letter. Council concurred.
c) Mayor asked what the Council's pleasure was related to scheduling joint dinner meetings
with boards and commissions.
Council agreed that they are of value, provide a good atmosphere to discuss issues; and
serve as a recognition for many hours of volunteered time. Staff to proceed with
Mondays(except 2nd), with efforts to hold prices down. Councilmember Hodges asked
to be provided report on status of Council's budget.
d) Mayor thanked the Kiwanis for $5,000 donation for a police canine.
PUBLIC reports or requests
a) Carol Miller, Nationwide, stated that they conduct court ordered auctions throughout the
year, and the one on the agenda is only one of 4 in December, and is in Palm Springs,
in response to requests to hold them here.
STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting adjourned to December, 8, 1993,
7:30 p.m., in the Large Conference Room, City Hall.
L JUDITH SUMICH
City Clerk