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HomeMy WebLinkAbout1995 - MINUTES - 10/4/1995CITY OF PALM SPRINGS CITY COUNCIL MINUTES OCTOBER 4, 1995 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Maryanov, in the Council Chamber, 3200 Taliquitz Canyon Way, on Wednesday, October 4, 1995, at 6:00 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. I ROLL CALL: Present: Councilmembers Hodges, Kleindienst, Lyons, Reller-Spurgin, and Mayor Maryanov Absent: None The meeting was opened with the Salute to the Flag, led by Boy Scout Troop 86, and an invocation by Dr. Jim Tom, United Methodist Church of Palm Springs. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on September 29, 1995. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) -See items on Page 3 of agenda this date. a) R.O.A.R.E. - SETTLEMENT AGREEMENT: City Attorney reported that an MOU with the Residents Opposed to Airport Runway Expansion was discussed, (051- and the Council authorized execution, if the document is approved be ROARE 028) on October 5; and that upon acceptance by ROARE, the agreement will be presented in a press conference on October 6 - A3592. HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY; COMMUNITY REDEVELOPMENT AGENCY: - No business ' PRESENTATION: So. Calif. Auto Association Safe Driving Award presented by Joe Caselletti, District Manager, to Palm Springs Police Officers. Mayor read and presented proclamation to representative of the National Association of Senior Citizen Softball. PUBLIC HEARINGS: None INTERAGENCY REPORTS: None PUBLIC COMMENTS: a) Comments on matters not related to an agenda item: Mike Johnson concerning city worker's compensation insurance administration and costs. Provided a handout to Councilmembers outlining and graphically demonstrating his comments. Bill Byrne, resident, urged other communities to join the City in its municipalization of electricity effort, and commended Palm Desert for its contribution of $2,500. He suggested inquiry with the Slate Board of Equalization as to taxes paid by SCE. Mr. Byrne subsequently stated that lie had previously collected 13,000 signatures in protest to SCE rate increases. Ron Cole, resident, stated that lie did not mean to slight the Indian Wells representative to Sunline; that he was withdrawing his request to make a ' presentation to the Council; that there are other taxicab operators, who will have to come forward on their own behalf; that he never accused anyone of lacking integrity, only lacking knowledge; and that concerning the super shuttle, he did not consider Mr. Smoot knowledgeable. Mayor stated that while Mr. Cole has voiced his opinions, lie never heard him act in anyway other than as a gentleman, and he would not like to see him stop speaking out; that there has been perhaps a misunderstanding, or if not that, then an intimidation, and lie would like to have it looked into. Council Minutes 10-04-95, Page 2 Lissa Hubbard expressed opinions, and asked questions, concerning gambling, and the affect she believed it will have on the community. Norm Bender, Sun Taxi Co., stated that Mr. Cole has expressed the views and general feelings of "cabies"; that there are not enough of the operators who agree with a united front; that FAA imposed new regulations this date, and it will mean that drivers cannot leave their cabs, and he asked for consideration in addressing human needs, when drivers often have to sit for hours before a fare is secured. Chuck Hubbard expressed views concerning Council actions relative to the budget, city employees and their salaries; and that Airport Commissioner Brill and Director of Aviation should be removed from office. Dick Sroda expressed views concerning the budget, salaries of employees, and lack of addressing replacement of the utility tax revenue. Dick O'Linu expressed lack of respect for those who use personal attacks on the Council; that the classification study should be an enlightenment; that be supported the Council, as a body, and recognized the need to make unpopular decisions; that the city cannot be run on emotions; and he respected those Who do their own research, and offer constructive comment. Darrell Meeks commented on employee salaries, and percentages of increases in prior years; and asked that the Council look at whether projects covered by certain warrants are related to the Airport. (Note: al the conclusion of the meeting, Director of Aviation advised that such warrants were not Airport Master Plan related, and were for projects previously in process.) Joe Foster, resident, commented concerning discussion he had with the State Fire Marshal, and the City's Fire Marshall's action relating to property across the street from his home, and of his intent to take such action to the Grand Jury if the Council did not reverse it. John Booth, police officer, provided a copy of a newspaper article showing that Palm Springs Police are the lowest paid in the County. Fred Ebeling, announced forum to be held in front of City Hall on October 8, and requested permission to utilize city restroom facilities. Mayor stated that he and the City Manager visited the site referred to by Mr. Foster, and have agreed it should be the decision of the: Fire Marshal. LEGISLATIVE ACTION: MUNICIPAL CODE AMENDMENT - DANGEROUS/VICIOUS ANIMALS On September 20, 1995, the Council directed that proposed amendment to the Municipal Code concerning dangerous or vicious animals be revised, and presented for reintroduction. City Attorney reported that the ordinance was revised to provide for potential appeal before the City Council, based on its determination to do so. (103- 045) Councilmember Lyons stated that the State model code allowed a two year period for the biting animal, and questioned why the ordinance requires a five-year period. City Attorney stated that the Police Department staff felt it should be a permanent situation, and the five years was a compromise; that there is no legal concern given the value of the "property" with this type of administrative process. He explained the "judge" aspect, which would utilize a third party, e.g., a retired judge. Council Minutes 10-04-95, Page 3 1. MUNICIPAL CODE AMENDMENT - DANGEROUS/VICIOUS ANIMALS Councilmember Hodges stated that she has had conversations with interested parties, and would like to meet with the City Attorney and Councilmember Lyons to work out a better version of the ordinance, and would not like to see it get on the books in the proposed form; and that it should only take a few weeks to develop something better. Councilmember Reller-Spurgin agreed, adding that the person who raised questions has had an attorney, and she agreed that a short delay would not be a problem Councilmember Lyons agreed to the subcommittee, which will also include the Police Chief's designee. It was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, that the committee work with the City Attorney as suggested. 2. LIBRARY CENTER RENOVATIONS Recommendation: That the Council award contract to Bopark Enterprises Inc., for $569,300, for renovation of the Library Center; approve change order No. 1 thereto for a decrease in costs by resulting in a net award of $512,934. CP94-44 A3590. Librarian reviewed the result of bids, and negotiation to reduce the contract amount. He (099- noted that there are no general funds involved; and that a major component for the 001) savings was related to not being required to pay prevailing wages, as the project is not state or federally funded. Minute Order 5642 and 5643, as recommended, were presented; after which, it was moved by Lyons, seconded by Reller-Spurgin, and unanimously carried, that MO5642 ' and 5643 be adopted. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirements; materials at meeting) - None CONSENT AGENDA: 3. MO 5644 establishing policy authorizing the City Manager to execute subrecipient (085- agreements for the 1995-96 CDBG funds as allocated by Resolution 18577. 011) 4. Res 18705 acknowledging and agreeing to the terms of "Amendment No. 1 to PSL-315", (117- which as an agreement between the Bureau of Indian Affairs and Sumitomo Bank of 035) California defining that portion of the Master Lease which has been fractionalized from the remainder of the Convention Center Project Master Lease PSL-315, which is the original lease between various Indian land owners and the City of Palm Springs. 5. Res 18706 amending the Allocated Position & Compensation Plan for 1995-96 to (061- reclassify Police Services Assistant I and II to Police Services Officer I and II. 020 ) 6. MO 5645 awarding contract to Elkins Construction for $49,222.50 for remodeling of the (085- Boys & Girls Club locker room, a 94-95 CDBG funded project, CP94-35 A3591. 011) 7. Res 18707 approving Payroll Warrants and Claims & Demands. (086- 014) ' It was moved by Kleindienst, seconded by Reller-Spurgin, and unanimously carried, that MO 5644 and 5645 and Resolutions 18705 through 18707 be adopted; Abstentions on Warrants: Hodges, No. 90332 and 903372; Lyons, No., 903555; and Reller-Spurgin, No. 903495. ADDED STARTERS: (Determine eligibility for consideration) - None Council Minutes 10-04-95, Page 4 REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Boards & Commission Appointments: (2/Historic Site, 2/Human Rights, 2/Parks & Recreation, 1/Personnel, 2/Rent Review, 2/Visitor & Promotion Board - 126- 50 room, and I retail). Mayor moved for approval of the following appointments, which was seconded by Kleindienst, and unanimously carried: Historic Site Preservation Board -Karen Pirozzi (1 position still vacant) (060- 011) Park & Recreation Commission - Karyu Barnes, Douglas Galloway (060- Persounel Board - Paul Perry 021) Rent Review Commission - Betty Tuminello & Abe Zakar• (060- VPB- Susan Bennett, Hotel 1-26 rooms; and Diane Matzner, Retail 014 ) (060- 024) Human Rights Commission continued to October 18, 1995 (060- b) Councilrnember Lyons confirmed that the City of Palm Desert contributed $2,500 027) toward the Municipalization of Electricity process. c) Mayor announced upcoming Civic Air Patrol anniversary; and commendation of City Employee San Truscott from the P.S. High School office. PUBLIC reports or requests - None STAFF reports or requests a) City Manager recommended adjournment to October 11 to discuss the P.S. Road I Race; and Airport/Corporation Yard lease site. b) Director of Aviation announced FAA regulation imposed this date concerning increased security at the Airport, and asked for public cooperation. ADJOURNMENT There being no further business at 7:45 p.m., Mayor declared the meeting adjourned to October 11, 1995, at 7 p.m., in the Large Conference Room, City Hall. JUDITH SUMICH City Clerk