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HomeMy WebLinkAbout1994 - MINUTES - 10/5/19940 CITY OF PALM SPRINGS CITY COUNCIL MINUTES OCTOBER 5, 1994 A Regular Meeting of the City Council of the City of Palm Springs, California, was called io order by Mayor Maryanov, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, October 5, 1994, at 6:00 p.m., at which lime, 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 Hodges, Kleindicnst, Lyons, Reller-Spurgin, and , Mayor Maryanov Absent None The meeting was opened with the Salute to the Flag, led by Boy Scout Troop 262, and an invocation by Rev. Jerry Johnson, Lily of the Valley Church in Christ. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on September 30, 1994. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCEAUTHORITY: - 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: HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY - No business I COMMUNITY REDEVELOPMENT AGENCY: Adjourn for the purpose of convening as the Community Redevelopment Agency. APPROVAL OF MINUTES: It was moved by Klcindienst, seconded by Hodges, and unanimously carried, that the Minutes of September 7, 1994, be approved. PUBLIC HEARINGS: CONFLICT OF INTEREST CODES - BIENNIAL, REPORTS/AMENDMENTS Recommendation: That the Council receive required biennial reports as to status of department/commission conflict of interest codes, and approve amended codes for specified (063- 63- departments. 0 01) City Clerk highlighted her memorandum, noting that all departments have completed updates (060) of their Codes, and that there were no changes required to those of the boards or commissions. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. Minute Order 5444 as recommended, was presented; after which, it was moved by Reller- Spurgin, seconded by Hodges, and unanimously carried, that MO5444 be adopted. ' INTERAGENCY REPORTS: a) Councilmember Lyons reported on activities of the CVAG Community Resource Committee, noting that a youth commission has been recommended, and its proposed composition; and changes in SCAG Chapter 7; and in a proposal lot a valley -wide gaming task force, adding that there were no Chapter 7 changes and nothing was done about the task force. Council Minutes 10-5-94, Page 2 b) Councilmembers Hodges and Kleindienst discussed possible changes in the meeting schedule of the CVAG Transportation Committee, in order for the Executive Committee, to receive recommendations and materials in a timely manner. Councilmember Kleindienst noting that the meeting dates will be offset to those of the Executive Committee, which should respond to the concern. PUBLIC COMMENTS: a) The following persons spoke on matters not on the agenda: Darrell Meeks concerning the successful impact of a suit brought by two citizens against the Eagle Mountain landfill, and suggesting the Council wait to hear from the court relative to the Ebeling/Frank litigation. Fred Ebeling commented about his property tax bill, and that he did not use waste disposal services and did not pay for services lie did not receive; and he urged that everyone read his lawsuit before commenting on it. Don Foyer, Newport Telecommunications, commented regarding a proposal he wished to submit for consideration of cellular telephone rentals at the Airport. He was referred to the Director of Aviation. Eric Meeks commended the Council on its decision regarding Riff Markowitz and the Monte Vista Hotel, and he felt the connnunity was "railroaded" on the utility tax. b) Comments concerning Item 2 Enzo Pervenza, 1276 N. Palm Canyon, stated that he owned properties on Indian Canyon and Palm Canyon, which are subject to the seismic upgrade, and urged that (103- the extensions be allowed, because of the economic conditions and time needed to 001) ' secure rentals in his buildings. He added that he has made some improvements, but is financially strapped, and has even reduced the rent of the single tenant he has. Don Williams, 423 N. Palm Canyon, stated that his original plan to upgrade would result in having to vacate his office for at least a month; that he is working on new plans that will permit the upgrade, and allow him to stay open; and he urged approval of the extension authority. c) Comments concerning Item 8: Jim Jones stated that $100,000 for the project seems excessive to remove the grass; (136- that the grass, trees and vegetation make Palm Springs different from other desert 049 ) cities; and he questioned if adjoining property owners have been asked if they would be willing to maintain the islands. LEGISLATIVE ITEMS: 2. MUNICIPAL CODE AMENDMENT - SEISMIC UPGRADES On September 21, 1994, the Council continued recommendation that the Council amend the Municipal Code to provide for an extension of completion deadlines for seismic upgrades, which allows the Building Official a mechanism to grant time extension for reasonable cause, pending additional information. (103- Mayor stated he would abstain due to client relationships. 001) Building Official reviewed the options outlined in the memorandum of the of Director of Planning & Building. Councilmember Reller-Spurgin stated that tine economic climate has been such that is it not fair to add extra burden to these businesses and there should be reasonable upgrades to safe conditions, and a way to allow an extension. She added this was an opportunity to implement a positive attitude by staff in dealing with the situations. Council Minutes 10-5-94, Page 3 MUNICIPAL CODE AMENDMENT - SEISMIC UPGRADES (Continued) Councilmember Kleindienst stated he supported the concept to allow an extension, but had concerns stating "climatic" as a justification in the proposed ordinance. City Manager stated that if there is a desire to provide a relief, he recommended that a report be submitted in the next six months outlining the status of each on the list, aid a plats for , upgrade on an individual timeline basis. City Attorney added that in allowing up to a three year extension, each case call be individually tailored. In answer to question by Council, he stated that the Council is immune from liability in the instance of discretionary decisions, yet lawsuits are filed, and that this is a reasonable exercise of judgement; and that if an extension is granted, the businesses will close, and possibly file claims which may involve more litigation, than in granting the extension. Councilmetnber Hodges stated she did not want to close any of the businesses, and stated that in the past, CDBG funds were used for assisting businesses to rehabilitate, and asked that it be explored. In response to question by Council, Building Official stated that "upgrade" varies depending on the individual property, ranging from minor modifications to significant alterations; and that any affecting historic site exteriors, are reviewed by Planing. Mayor pro tern Lyons asked that the progress of compliance be monitored to make certain the upgrades occur; that he favored a case by case analysis; and that tie was concerned that some landlords are currently in a position financially to make the improvements, but have not done so, and his main reason for an extension would be based on economic hardship. City Manager stated that in such analysis, safety would be given the highest priority, followed by economics. City Clerk read title of the proposed ordinance, as follows: ' AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 8.04.072 OF THE PALM SPRINGS MUNICIPAL CODE TO ADD A SUBPARAGRAPH (8) TO FURTHER AMEND VARIOUS PROVISIONS OF THE CALIFORNIA SEISMIC SAFETY COMMISSION MODEL ORDINANCE. Motion by Reller-Spurgin, seconded by Hodges, to waive further reading and introduce the ordinance (providing up to 3 year extensions), failed to carry by the following vole: AYES: Hodges & Reller-Spurgin NO: Kleindienst & Lyons ABSENT: None ABSTAIN: Maryanov It was moved by Lyons, seconded by Hodges, and carried by the following vote that the ordinance be revised to provide up to a 2 year extension, and be introduced for first reading, and that the staff prepare a case -by -case analysis, and within six, months, return a plan for implementation: AYES: Hodges, Reller-Spurgin & Lyons NO: Kleindienst ABSENT: None ■ ABSTAIN: Maryanov CONVENTION CENTER MANAGEMENT CONTRACT AMENDMENT Recommendation: That the Council extend Leisure Management International's management contract, and approve amendment thereto, to allow LMI to perform capital improvements from Operating Fund. (139- City Manager highlighted the memorandum of the Convention Center Chief Operating Officer. 001) r) ?,-1 I � Council Minutes 10-5-94, Page 4 Mayor stated that this matter was reviewed in detail at the last study session, and suggested the amendment provide that the 30-day cancellation for convenience apply after the conclusion of the second year, rather than the third, because the size of the deficit is as it was set in 1991, and there is a $1 million "cushion" as a result of LMI's successful operation, and the shorter guarantee period will give the Council more room to make changes should the performance change during that time. ' Minute Order 5445 approving the contract amendment, subject to revising the cancellation period as noted, was presented; after which, it was moved by Hodges, seconded by Reller- Spurgin, and unanimously carried, that MO5445 be adopted. Council commended Mr. Bobo for an outstanding job. MID -VALLEY PARKWAY GENERAL DISCUSSION Discussion concerning Mid -Valley Parkway. AIRPORT EXTENSION Recommendation: That the Council forward a request to CVAG for inclusion of the Mid - Valley Parkway Airport Extension into the Measure A Regional Arterial System as a top priority. City Manager reported that the actual decision by CVAG concerning the mid -valley parking will not occur until January 9, 1995, and the remaining events prior to that relate to a public hearing, the environmental assessment, etc. Director of Aviation recommended that CVAG be asked to include the extension to the Airport ' as a regional arterial, and fund it as a priority, without bumping other priorities, and that whether it is viewed as an extension of the MVP or Ramon Road, it meets the criteria of a regional arterial; that his report details why it is important to fund it in this manner, and not through airport grants, which are needed to fund runway extension and other needed improvements; and that he recommended the proposed resolution be revised to strike, "Mesquite at Gene Autry to Vella, north on Vella to Ranson" which would reduce any conflict with whatever decision is made regarding Mesquite Avenue. An aerial of the proposed MVP was presented, and it was reported that the parkway is not (123- actually a parkway, rather in most instances a 4-lane arterial, similar in function to E. Ramon 001) Road. Councilmember Kleindienst stated that he was concerned that the MVP would end at Mesquite and a loop connection via Vella Road to the Airport, would increase the west -bound traffic flow into the DeMuth Park and residential areas; and that after talking with staff, he believed there could be enough traffic devices and possible landscaping to control traffic and keep it away from those areas, and still serve to discourage more traffic flow at the Gene Autry and Ranson Road intersection. Councilmember Lyons asked for an analysis of the MVP in terms of the number of cross streets, noting that if they are numerous, the utility of the street will be marginal, and that he recognized it is not actually a parkway. Councilmember Kleindienst stated that its capacity will eventually peak, and the light -rail discussion will begin to unfold. ' Resolution 18484, revised, as recommended, was presented; after which, it was moved by Lyons, seconded by Reller-Spurgin, and unanimously carried, that R18484 be adopted. 5. D.I.M.E.S COMPUTER SYSTEM CONTRACT Recommendation: That the Council terminate Agreement (#3183A) with Cathedral City and approve a new 5-year agreement, to upgrade software from the O.C.S., and to form a JPA for the operation of D.I.M.E.S (Desert Information Management and Enforcement System); (117- funding approved in Police Department budget, A3435. 006) n9:= Council Minutes 10-5-94, Page 5 D.I.M.E.S COMPUTER SYSTEM CONTRACT (Continued) City Manager reported that the proposal does not provide for an actual Joint Powers Authority, rather a local entity agreement, as a means of sharing data; that in has been activelly used; and that each year during the Capital Improvement Project review, a submittal is made for the Fire Department to participate, estimated at $122,000, which has not been approved due to lack of funding, however, that will continue to be brought to the Counciil's attention. Police Captain Weigel, stated that the current software provider, PSSI, is no longer providing upgrades nor support; that OCS will be the new vendor, and the amount of hardware will be reduced along with increased speed; that the "JPA" will be a board of directors, made up of each city, and each city will have one vote; and that there is no additional budget required. City Attorney detailed changes in a revised draft, noting that the board is comprised of the Chiefs of Police; that only recommendations for fees will be made, with ultimate approval required by the Council; and [hat a flat overhead of 15 % will apply. Captain Weigel stated that of the four cities in the valley, three are served by DIMES; that Indio withdrew, but may reinstate with the OCS system; and that the Sheriff is pursuing the OCS, but is not as far along as Palm Springs. Minute Order 5446 as recommended, was presented; after which, it was moved by Reller- Spurgin, seconded by Kleindienst, and unanimously carried, that MO5446 be adopted. 6. CLASSIFICATION & COMPENSATION PLAN AMENDMENT Recommendation: That the Council amend the Classification & Compensation Plan to adjust the staff in the Purchasing Division, resulting in a net reduction of 1 General Fund position; and approve amendment to contract with the Paper Chase for data entry, secretarial and clerical services, for a net increase of $15,000 (A3390) Director of Finance reviewed his memorandum, and responded to question by Council, stating (Ofi 1- 1 that the Paper Chase will be used on an as -needed basis, and in the past, was used for 01.9) specialized type of purchasing functions. Director of Aviation responded to question by Council, stating that the buyer position is funded this year through vacant Airport position savings; and will be funded in the future under the Airport's budget. Resolution 18485 amending Plan, and Minute Order 5447 approving contract amendment to A3390, as recommended, were presented; after which, it was moved by Hodges, seconded by Kleindienst, and unanimously carried, that R18485 and MO5447 be adopted. ANNEXATION 26 Consideration of final actions to complete the annexation, and approve agreement with the County, A3436. City Manager reported that staff met with Supervisor Larson, and discovered the objection raised by the Board at its last meeting related to confusion oveir semantics; that the police service to be provided will be. normal police services, but not routine patrol; and that there will be decisions made by both entities as to follow-up investigation and the department to best complete that work; and that the Board approved the agreement by a 4-1-0 vote. (054- Director of Planning & Building responded to question by Council, stating that the Snow Creek 005 ) area is not included, and that certain frontage roads are included. , Mayor thanked all of the parties involved in bringing the annexation to completion. Resolution 18486 ordering the annexation, and approving the agreement, was presented; after which, it was moved by Lyons, seconded by Reller-Spurgin, and unanimously carried, that R18486 be adopted. 4C) 9 1� � Council Minutes 10-5-94, Page 6 8. TAHQUITZ MEDIAN ISLAND - DESERT LANDSCAPE Recomtnendation: That the Council approve Change Order 1 to contract with American Landscape, to install desert landscaping on Talrquitz Way median islands, from Civic to Farrell and from Encilia to Indian, for $100,321, A3408. City Manager reported that the project will be a significant beginning toward desert ' landscaping; that the Airport will fund and maintain that portion from Civic to El Cielo; that the Palm Trees will remain in the island in front of the Wyndham Hotel; and that the DWA has agreed to an interest -free $75,000 loan to the City. In answer to questions by Council, Director of Public Works stated that the original project for the full length of the island was approximately $300,000; that the amoral savings for the subject portion, which is labor and water, is about $8,000, and it will be realized after the eighth year. Director of Planning & Building displayed drawings, and discussion followed as to its "desert" character, the type of plants, the amount of color, and whether it meets zero -landscape requirements of the DWA. City Manager stated that DWA provided the loan and the City was left to come up with the design and the materials, and he will obtain a sign -off by DWA that the project meets the zero - landscape, and an indication of what DWA thinks will be the savings. I-Ie stated that the loan (136- will be repaid over 3 years from the Capital Improvement Program. 049 ) Mayor stated he had a problem spending $100,000 for a project that will take 14 years to recover it, and suggested this be continued for more information; and that perhaps if the payback period is that long, DWA should be asked to participate in the costs; and that his concern was not the project, rather the financing. Councilmember Kleindienst stated that he thought the $8,000 savings was a big savings; that if the Council is looking at only drought plants, and zero maintenance, there will be very different plants and a very different look; and that he liked the color and diversity of foliage, and still saving $8,000, on this small of an area. Director of Public Works stated that the initial projection of costs by DWA for desert plant was underestimated; and Director of Planning & Building noted drat desert plant materials are often expensive, and a small scale. It was moved by Lyons, seconded by Reller-Spurgin, and unanimously carried, that this matter be continued to October 12, 1994. Mayor requested that the water usage ordinance be reviewed in study session. Councilmember Lyons added, that excess planting and over -watering is occurring, and needs to be addressed, because of the seriousness of depletion of the water table. 9. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirements; materials at meeting) - None CONSENT AGENDA: 10. MO 5448 approving a subrecipient agreement for 94-95 CDBG funds for $12,000 with (085- Community Counseling & Consultation Center, for public education regarding AIDS A3437. 001) it. MO 5449 approving a subrecipient agreement for 94-95 CDBG funds for $25,000 with (085- Community Counseling & Consultation Center, for Desert Aids Project office expansion, 001) ' A3438. 12. MO 5450 approving a subrecipient agreement for 94-95 CDBG funds for $1,000 with (085- Alternatives to Domestic Violence, for operational funding, A3439. 001) 13. MO 5451 approving a subrecipient agreement for 94-95 CDBG funds for $15,000 with P.S. (085- Unified School District, for job training for residents of Desert Highland,A3440. 001) 14. MO 5452 awarding bid for Airport wall carpeting, CP94-15, to Chris W. Foster, Inc., for (051- $7,450, A3441. Hodges and Maryanov abstaining 039 ) F)9, Council Minutes 10-5-94, Page 7 15. Res 18487 and 18488 approving Payroll Warrants and Claims & Demands. Reller-Spurgiu (086,1 abstaining on Warrant No. 890830. It was moved by Kleindienst, seconded by Hodges, and unanimously carried, that A40 5448 through 5452 and Resolutions 18487 and 18488 be adopted. See abstentions noted. 16. MO 5453 approving Settlement Agreement with Schey & Associates, concerning final (092- , payment, A3442. 010 ) It was moved by Kleindienst, seconded by Lyons, and carried by the following vote, that M05454 be adopted: AYES: Hodges, Kleindienst, Lyons & Maryanov NO: Reller-Spurgiu ABSENT: None 17. ENCROACHMENT LICENSE Res approving encroachment license to Richard & Barbara Calderhead, to allow a garden wall within the City right-of-way along Ramon Road west frontage for property at 431 Monte Vista Drive, A In response to question by Council, Director of Public Works stated that the improvement is behind the ultimate right-of-way, and should not pose a problem; that he was uncertain if the (136- ultimate dedication had been made; that the license provides for removal of the improvement 004 ) upon request by the City; and that the agreement is a response to request by the property owner. Councilmember Kleindienst stated he was uncomfortable approving an expansion into the righl- of-way, when the property has a substantial setback in which the wall could be accommodated, and he would like to continue this matter, to permit time to review it with staff. It was moved by Kleindienst, seconded by Bodges, and unanimously carried, that this matter be continued to October 12, 1994. ADDED STARTERS: None REPORT OR REQUESTS: CITY COUNCIL reports or requests I ) Boards/Commissions Appointments. Mayor announced that Mr, P. Trujillo is no longer a resident, and unable to be reached, and he moved that his appointment to the Human Rights Commission be (060- rescinded; said motion was seconded by Hodges, and unanimously carried. 027 ) Mayor stated that he would conic back to the Council regarding the remaining vacancies. b) Counclmember Lyons requested added traffic patrol on Iftamon Road in the early morning, between Gold's Gynn and the High School, as the speed is excessive. C Councilmember Hodges requested that the proposed "needles exchange ordinance" suggested in a letter by Andrew Exler come to the Council for study; that information be provided as to wiry Jerry Ogburn and Main Street are now located in the Chamber of Commerce building, which may pose a conflict; that the Council's policy on matters placed on the agenda by Councibnember's be reviewed, in terms of situations wherein the item is placed on an agenda, and the member then abstains - suggesting as an alternate, that should such abstention occur, the matter be deleted from the agenda, and only recur upon request of another member; and that she wanted information concerning the possibility that a newly appointed connnissioner may have a problem serving on the commission. She also suggested that the Tribal Council be invited to a joint dinner meeting with the City Council. She complimented staff on the successful opening of the P.S. Market Pair I� u Council Minutes 10-5-94, Page 8 d) Mayor complimented Vicki Oltean and other staff in the successful Fast Pitch tournament, and encouraged having it again in the future, with more publicity. PUBLIC reports or requests a) Fred Ebeling commented on the amount of stop time for the signal at Tachevah and North Palm Canyon, after 2 a.m., and suggested displaying a copy of the State Constitution in the Council Chamber. STAFF reports or requests a) Boatel of Realtors Dinner: City Manager explained that the date remains as set. Mayor noted this was not a Council -planned dinner, and that he would not be attending. Councilmember Hodges and the Mayor will attend the Mid -Valley Parkway hearing; Councihnember Kleindienst stated he would try to attend both; and Councilmembers Lyons & Reller-Spurgin will attend the Realtors dinner. b) City Manager reported that the P.S. High School Student Body will again be reporting to the Council, beginning the second meeting in October. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned to October 12, 1994, at 7 p.m., preceded by Closed Session at 6 p.m. JUDITH SUMICH City Clerk