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HomeMy WebLinkAbout1994 - MINUTES - 3/16/1994 CITY OF PALM SPRINGS CITY COUNCIL MINUTES MARCH 16, 1994 A Regular Meeting of the City Council of the City of Palm Springs, was called to order by Mayor Maryanov, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, March 16, 1994, at 7:30 p.m. ROLL CALL: Present: Councilmembers Hodges, Lyons, Reller-Spiargin, Schlendorf and Mayor ' Maryanov Absent: None The meeting was opened with the Salute to the Flag and an invocation by Dr. Ann Martin, Unity Church of Palm Springs. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was pasted in accordance with Council procedures on March 10, 1994. INDUSTRIAL DEVELOPMENT, HOUSING & FINANCING AUTHORITIES: No business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment.Agency; after which, members reconvened as the City Council. APPROVAL OF MINUTES: It was moved by Schlendorf, seconded by Hodges, and unanimously carried, that the Minutes of February 2, 1994 be approved. CLOSED SESSION REPORT: City Attorney reported on matters discussed in closed session ais shown on the Statement of Basis for Closed Session, dated March 16, 1994 and that no action was taken. (Copy of Statement on file with the City Attorney, and attached to agenda of this date.) PUBLIC HEARINGS: ' 1. PD230 -PALM SPRINGS DESERT MUSEUM Planning Commission Recommendalion: That the Council approve a planned development district, in-lieu of a change of zone, for the Desert Museum to add an 11,090 square foot second floor gallery addition at 101 Museum Drive, CBD Zone, Sec. 15. Director of Planning&Zoning reviewed the Commission recommendation, and added that there is a minor problem with Condition No. 16, in that it refers to dedication of trail easement; that the O'Donnell house (116- was sold and there was an agreement regarding the existing trail and if that is required, it will put the 099) Museum and the buyer and the City in an awkward situation; and he recommended that the hearing be continued to April 6 to try to resolve the situation. He stated that the trail has been public and used for many years, and is required under the General Plan. Mayor declared the hearing opened; there were no appearances. It was moved by Schlendorf, seconded by Reller-Spurgin, and unanimously carried, that the hearing be continued to April 6, 1994. 2. TPM 27912 - AEC LTD & D.T. PALM SPRINGS INTERCONTINENTAL GOLF CENTER ENTERPRISES Planning Commission Recommendation: That the Council approve a tentative parcel map to create four parcels on the SE corner of Gene Autry Trail and Vista Chino, 0-5,W-0-5, M-1-P, Sec 7 & 18. Director of Planning&Zoning reviewed the Commission recommendation, and added that there was no controversy at its meeting concerning this issue. Mayor declared the hearing open. (119- 001) Bob Maimero,representing the applicant, made himself available to answer questions,and urged approval. There were no further appearances, and the hearing was closed. Resolution 18350 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that R18358 be adopted. Council Minutes 3-16-94, Page 2 INTERAGENCY REPORTS: a) Councilmember Lyons reported on results of CVAG Energy&Environment Committee meeting, noting that the Gas Company presented new technology related to air conditioning costs savings, ' and CVAG Executive Committee will be, asked to support its efforts before the PUC to effect programs that could impact or help high utility costs; and that a task force on illegal dumping was also formed. b) Councilmember Schlendorf reported that Sardine&CVAG Transportation approved a peer review study, and a recommendation and finding will be coming forward concerning taxi regulations . c) Mayor reported on work of the Fire Consolidation Committee which met on March 15, and noted that one preliminary view is to look at taking the best services of each city, looking at the highest standards, costs and overview of what a new structure would look like. PUBLIC COMMENTS: a) The following persons spoke on matters not related to an Agenda Item: Ron Oden, Human Rights Commission Chairman, submitted a copy of the Commission's report on the incident at the P.S. High School in October, and challenged the community to address the problems which caused the incident. He added that the Commission needs funding. Joe Scarna, P.S. Playhouse, stated that he has a play which he would like to discuss with Mr. Oden that would perhaps be a vehicle for the kind of networking and problem resolution that is needed. Fred Ebeling reported that he continues to receive calls from people on lifeline who are being billed for utility taxes by Edison and GTE; that people should be able to rely on information from ' the City; and that a letter should be sent by the Finance Director. In answer to question by Council, the Director of Finance reported that a letter wa sent in December asking the utilities to implement the automatic exemption for lifeline customers; that a response was received that it would take some time, but would be implemented; that he called for a status in January, and was assured it was in progress; that he received a few individual calls, and those were responded to; and that if anyone has a problem in this regard, they should call him to get:: resolved. Don Franks stated that he thinks the Indian gaming agreement is a bad deal for the City, and will be hard for the City to get out of it. He stated he thought the City would receive $500,000 on ever $80 million, and felt other cities in Arizona where doing better in their agreements. Mayor reiterated comments concerning the sovereignty of the Tribe and the cooperation by its Tribal Council; and City Manager stated that the City will receive a flat amount on the first$18 million, 3% on the next $10 million, 2% on the next $10 million, and on from there. Councilmember Schlendorf pointed out that in Arizona, the tribes negotiated with the State, and this may be the first instance of agreement at a local level. Councilmember Lyons added the Tribal Council may also negotiate with Sacramento, and it would be in addition to what it has agreed to provide to the City. Harold Good, Purchasing Manager, thanked and commended the individuals and communities involved in the vendor exhibit and show at the Convention Center. b) Comments concerning Item 4: Darrell Meeks stated that he favored the proposal, but that the City did not have the money to pay for the study, and that the City staff can conduct the same study; that the$46,000 could be spent to keep the parks watered, or the pool open; that such recommendations are reasons for opposing (110- the Charter. 006) c) Comments concerning Item 11: John Connell stated that he took a run down building and made it into a diamond; that it is a tourist information place, and serves all of Palm Springs; that volunteers and others helped to paint (117- and restore it, and he feels the 10% of the City store net revenue must go to Main Street because 001) of what it has done for downtown; that he thought the lease was confusing and being micro- managed by the Council, and has resulted in excess attorney costs for both the City and himself; and that everyone is getting benefit from the project. Council Minutes 3-16-94, Page 3 c) Continued Shirley Meeks expressed opinion that Jerry Ogburn has "carte; blanche", receives pay equal to three times a police officer, receives one-half of the profits from Villagefest, and if he receives 10% of the city store, she questioned when he will do the job for which he is paid. She stated ' that she was forced to spend $200 on new table clothes for Villagefest which was paid to Main Street, and that it does not meet flame retardant requirements, but others were not forced to use the same cloth; that she thought the City Store should be put out to bid, and not allow all salary in one job, i.e., in Jerry Ogbum. Eric Meeks commented concerning a clause in the document relating to a hold harmless provision, and stated that he did not see any right to historical archives, in that they are not copyrighted. He also thought the store should have been put to bid, and urged a monthly contract as a lever to obtain a better contract with Jerry Ogburn. LEGISLATIVE ACTION: 3. COUNTY SERVICE AREA (CSA) 152 Recommendation: That the Council approve budget for County Service Area 152, to fund the Federally mandated National Pollutant Discharge Elimination System Program (NPDES), and set Wednesday, May 11 as date for a public meeting to address the questions regarding the program and the service area assessment (final hearing and decision rests with the County Board of Supervisors). City Engineer reviewed the memorandum of Director of Public Works, adding that this is an unfunded federally mandated program; and that based on study session review, the budget is based on a benefit (123- assessment rate of$9.50 per year, and would raise $316,435 to offset the City's costs for implementation 016) of the program. Resolution 18351 as recommended was presented; after which, it was moved by Lyons, seconded by ' Hodges, and carried by the following vote, that R18351 be adopted; and that May 11 be designated as date for public meeting: AYES: Hodges, Lyons, Reller-Spurgin &Maryanov NO: Schlendorf ABSENT: None 4. CLASSIFICATION & COMPENSATION STUDY Recommendation: That the Council approve proposal from Creative Management Solutions to perform a classification and compensation study for not to exceed$45,375;and amend the budget to appropriate funds therefor. Personnel Director reviewed her report, noting that this type of study was last done in 1985. Councilmember Hodges expressed concern as to the timing of the study; that the Council is looking at a $5 million deficit for next year, and there are going to be personnel changes,but specifics or to what extent is not yet known; that perhaps the study should be made after the budget is adopted. City Manager stated that the agreement with the Management Unit included dealing with salary compression issues, and this is one way that it can be addressed; and that the hazards of an in-house study (110- are: lack of credibility both by employees and the Council; whether data is believable as to right 006) comparisons; and not having people in the industry who are trained to use certain techniques to assure appropriate levels. He agreed the timing was a problem, but felt that if the Council did not act, the issue would be stalled; and he asked that it be voted upon, and not tabled. ' Personnel Director stated that the consultant would look at how to down-size, and make suitable recommendations as to realignment of duties with less staff. Councilmember Reller-Spurgin stated it was inappropriate to spend $46,000 for this when the voters were being asked to approve the utility lax, and that it is the manager's job to recommend how to down size. Councilmember Lyons stated he liked that salaries would be compared to the private sector, however, he questioned the analogousness, e.g., private firefighters, and that he agreed with Members Hodges and Reller-Spurgin. Mayor agreed that the timing is not correct. F) Council Minutes 3-16-94, Page 4 4. CLASSIFICATION & COMPENSATION STUDY (Continued) Councilmember Schlendorf stated that she understood the reason for the process and using an outside source; and added that private personnel studies have been done in the Valley, and perhaps the city could be part of that and share in the information. She stated that job descriptions in the budget are not specific, and the Council needs to know exactly what the employees are doing; that jobs change, and workers perceive they are still doing perhaps some things which are no longer part of the job, because in adding duties, other tasks are dropped; that the Council does not know what has been dropped or filtered, and more data is needed in-house before going to a step like this and before downsizing. (110- 006) Minute Order to approve the proposal was presented; after which, it was moved by Schlendorf, seconded by the Mayor to adopt the minute order; said motion failed to carry by the following vote: AYES: None NOES: Hodges, Lyons, Reller-Spurgin, Schlendorf&Maryanov ABSENT: None 5. GOLF COURSE EXPANSION - CONSTRUCTION CONTRACTS Recommendation: That the Council award the following contracts: a) cart paths and concrete flat work, CP93-31 TO W.L. Shellenbarger, $339,500(A3355); b) lake and lake system construction, CP93-30 to Environmental Golf, Inc., for$846,535.40(A3356); and c)irrigation system construction and fabrication and installation of irrigation pumping stations, CP93-29 to American Landscape, Inc. for $1,614,446 (A3357). City Engineer explained the result of the bids, and that although each is in excess of the original estimate, the difference can be achieved through a reduced quantity on the concrete cart path work, which is a unit (092- price and will save $80,000, and the remainder achieved through eliminating 50-60 feet of pole wall and 010) ' changes in irrigation system, which should not affect the appearance of the course, or function of the system, in that some aspects were over-designed; that the total over estimate at this time is $400,000; that he believes in reduced landscaping and other parking lot changes, the savings will be found, and the overall project will come within budget. He stated that currently nothing is to be sacrificed that will be seen, with exception of fewer pole wall. Mayor noted that at one time in looking at the plans, the Council was considering realignment of two holes in order to provide a hotel building site, and he asked that it be reviewed. Following comment and explanation, Minute Orders 5326, 5327 and 5328 as recommended, respectively, were presented; after which, it was moved by Lyons seconded by Hodges, and unanimously carried, that MO 5326 through 5328 be adopted. 6. MUNICIPAL CODE AMENDMENT- GRAFFITI Recommendation: That the Council amend the Municipal Code to add provisions to the existing graffiti ordinance to require retailers displaying all types of graffiti implements to be inaccessible to anyone not an employee of the retailer. Councilmember Lyons stated that the current ordinance prohibits sales to minors, and this is an attempt to deal with a theft issue; that there has been no study as to warranted it; and that if other cities have it, it is a failure because graffiti continued. City Attorney explained that communities are trying to use as tnany tools as possible to combat the (103- problem; and that there is no scientific way to measure which tool is effective. 001) ' Councilmember Schlendorf stated it is a burden on the store owner, but it is also a burden on the community in general. Mayor stated that graffiti is a problem, and this will help, even though it may result in some unintended consequences. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 11.70.020 OF THE PALM SPRINGS MUNICIPAL CODE BY ADDING SECTION 11.70.020 (d) REQUIRING RETAILERS DISPLAYING ALL TYPES OF GRAFFITI IMPLEMENTS TO BE INACCESSIBLE TO ANYONE NOT AN EMPLOYEE OF THE RETAILER. Council Minutes 3-16-94, Page 5 6. MUNICIPAL CODE AMENDMENT- GRAFFITI(Continued) It was moved by Schlendorf, seconded by Reller-Spurgin, and unanimously carried, that further reading be waived, and it was moved by Schlendorf, seconded by Reller-Spurgi.n, and carried by the following vote, that the Ordinance be introduced for first reading: , AYES: Hodges, Reller-Spurgin, Schlendorf& Maryanov NO: Lyons ABSENT: None 7. MUNICIPAL CODE AMENDMENT- AIRPORT COMA41SSION Director of Aviation explained that the Ordinance was redrafted to add an operative dale, in order to allow time in which to make the added appointments. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.16 OF THE PALM SPRINGS MUNICIPAL CODE, BY REPLACING THE EXISTING CHAPTER IN ITS (060— ENTIRETY WITH A NEW CHAPTER ESTABLISHING THE PALM SPRINGS REGIONAL AIRPORT 001) COMMISSION WITH VALLEY-WIDE REPRESENTATION. It was moved by Schlendorf, seconded by Reller-Spurgin, and unanimously carried, that further reading be waived and that the ordinance be introduced for first reading, which includes an operative date of May 20, 1994. 8. ADDITIONAL LEGISLATIVE ITEMS: None CONSENT AGENDA: 9. MO 5329 authorizing installation of DWA of a double check detector and backflow preventer on the (1471 taxiway "G" fire main, and water service in an amount not to exceed $7,600, without which the water 002 service will be discontinued. 10 , See Item 14. 11. See Item 15. 12. MO 5330 consenting to lease assignment and encumbrance of the Million Air Ground Lease from the (051— Dorfinco Corporation to Air Sources, Inc., allowing the facility to be operated by an experienced fixed base operator rather than a financial institution(A1764). 13. Res 18352, 18353 and 18354 approving Payroll Warrants and Claims &. Demands. (086) It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that Minute Orders 5329 and 5330 and Resolutions 18352 through 18354 be adopted; see Item 131 for abstention. 14. SLURRY SEAL -PALM CANYON DOWNTOWN Recommendation: That the Council approve Change Order 1 to contract with Graham, Contractors for slurry seal and pavement markers on Palm Canyon Drive, for $22,207.31, under CP93-14, the cost of which is under negotiation with DWA. City Engineer explained that the DWA contract with Granite Construction included slurry of Palm Canyon, however, the contractor was unable to move onto the sight prior to Christmas, and the City's contractor 1133' (Graham) was doing work in other areas, and accomplished the same work at a savings of approximately 005 $22,000 under that which Granite bad bid to DWA; that DWA is currently unwilling to pay the cost, and the staff is negotiating with it, and that DWA has not paid the contracted amount to Granite. City Attorney stated that the work was done, as requested by the Council, and the contractor is entitled to payment and is not a party to the DWA situation. Question was asked as to leverage for reimbursement; City Manager explained that there are a number of issues pending with DWA, and Council asked that this item not be lost, and possibly a meeting is needed with the DWA Board. Minute Order 5331 as recommended, was presented; after which, it was moved by Schlendorf, seconded by Reller-Spurgin, and unanimously carried, that M05331 be adopted. Council Minutes 3-16-94, Page 6 15. PALM SPRINGS CITY STORE Recommendation: That the Council approve agreement with Main Street-Palm Springs, for management of the Palm Springs City Store at the "MainStreet Station," 261-265 North Indian Canyon Drive, A3358. City Manager explained that the lease of the premises was approved by the Community Redevelopment Agency, owner of the site, and that the subject agreement is between the City and lessee, since the items to be sold are articles belonging to the City. He stated that the lease was executed following the Agency's action on January 19, 1994. Councilmember Schlendorf stated that the lease was approved with the condition that property tax would be paid out of proceeds and that the City and operator would benefit from net and no other organization would benefit from the net and that was to be rewritten, and asked why it did not appear in the subject document. She asked to review the nunutes of the meeting, and added that these are city-owned materials and other merchants should benefit also and the income should go to the city. Director of Economic Development stated that the property taxes were excluded from payment by the lessee, and that the Agency agreed to pay the taxes. Councilmember Reller-Spurgin stated that originally, the proceeds were to be used for Indian Canyon improvements, and questioned how much are estimated in gross sales. John Connell stated that his gross sales for two weeks in February was $2,300-2,600; that he has invested $13,000 in supplies, and materials, and $2,000 made in donations to help get it going, as well as volunteers; that the City gets 40% of the net and Main Street 10%; that Jerry Ogburn does not receive it, (117- 001) nor did he think Mr. Ogburn worked for Main Street that he obtained the tablecloths (see Public Comments) at a $400 savings, and only received reimbursement for his gasoline; and that he is not a member of the Main Street Board. ' Director of Economic Development stated that the Main Street organization's purpose is to vitalize and get energy sources into downtown and to plan those and encourage in a cooperative effort with others in setting high standards, e.g., it was very much involved in the Christmas Parade and the Festival of Lights; and that it does not have any paid employees. Councilmember Lyons stated that there is a misconception and Main Street is not a tool of Jerry Ogbum, not his 'corporation", rather an effort started by people several years ago and have turned animosity and divisiveness downtown into cooperation and foresight. Councilmember Schlendorf questioned if Mr. Ogburn was a paid director of Main Street,and if the Agency contracts with him to do that as part of its contract; and that there is no additional administrative work associated with the city store as far as Main Street is concerned, therefore, she questioned why it should derive benefit from it. She stated that other private sectors have concerns that the City has spent millions in helping downtown, and that businessowners, merchants and others who make up main street have benefitted, and other businessowners downtown do not feel that making a profit from something they paid for in part (vis-a-vis taxes) should go back into just one area; and that this could be done without expectation of profit. Mayor stated that the city items generates revenue that the City did not otherwise have, and he questioned what risk the City has in terms of taxes. City Attorney explained that there is no risk if the publicly held land is vacant; however, if it is leased, the tenant is subject to possessory interest taxes, and in this case, the former tenant paid about $1,800 annually; that in this context, the City is not a joint venture, and there will be some tax liability. ' Councilmember Lyons stated that value has been added to the building, and the City is making money where it did not before; and that the reason for doing this has been lost sight of. Discussion continued along these points, including concerns as to bow Mr. Ogburn is involved with Main Street, the purposes of Main Street and its formation; after which, Minute Order 5332 was presented, as recommended, and it was moved by Lvons, seconded by Reller-Spurgin,and carried by the following vote, that MO5332 be adopted: AYES: Hodges, Lyons, Reller-Spurgin&Maryanov NO: Schlendorf ABSENT: None ADDED STARTERS: None Council Minutes 3-16-94, Page 7 REPORTS &REQUESTS: CITY COUNCIL reports or requests a) Fire Consolidation Conrrnittee: Councilmember Schlendorf requested she be replaced on the Committee, since it is in the early stages of its work, and it wild probably continue beyond the June election; matter to be placed on agenda. (1J87 001. b) Councihnember Hodges questioned effect of when Council acts al.one meeting, and at subsequent meeting, the action is changed (e.g., motions on the utility tax). City Attorney explained the process of narrowing the actually wording of the ballot measure through a variety of options that were presented over several meetings; and that if further information was needed, lie would provide added clarification. PUBLIC reports or requests a) Tony Aguilar conunented on the Trini Lopez Golf Tournament proposed and to be held at the Municipal Golf Course, and his concern about changes in the new golf course construction that may lose the direction of this tournament. STAFF reports or requests a) City Clerk requested direction concerning the recruitment for appointment to the P.S. Voices Board of Directors, consensus was to extend the application period by ten days. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. JUDITH SUMICH City Clerk