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HomeMy WebLinkAbout1995 - MINUTES - 12/20/1995 02,36 CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 20, 1995 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, December 20, 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. ROLL CALL: Present: Councilmembers Barnes, Hodges, Oden, Spurgin, and ' Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, led by Boy Scout Troop 905, and an invocation by Msgr. Malachy McGinn, St. Teresa's Catholic Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on December 15, 1995. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) -See items on Page 5 of agenda this date. HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRSAL DEVELOPMENT AUTHORITY - 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 Hodges, seconded by Spurgin, and unanimously carried, Barnes and , Oden abstaining, that the Minutes of December 5, 1995, be approved. PRESENTATIONS: PSHS Student Body Report presented by Lewis Lebo. PUBLIC HEARINGS: - None INTERAGENCY REPORTS: - None PUBLIC COMMENTS: a) Comments Concerning Item 16: Steve Vericker, resident, commented that contracting with Mr. Lyons under state or federal circumstances would not be legal, until a year after leaving office; that (I47.- it is not illegal locally, but the Council should consider precluding it by local 004) regulation; that Mr. Lyons is well-qualified for the task, but any task should not be forestalled because of one person, and other employees should be trained to carry it forward; and that questions should be addressed relative to lobbyist activities, registration, and fee requirements. Darrell Meeks, resident, also commented concerning lobbying and political activity; that references are contained in the Duncan Allen letter of September 20, 1995, and he wished it disclosed as to when it was known that Mr. Lyons would continue in a consulting capacity, and whether it would be as an inside , consultant, or consultant through Duncan Allen; and he questioned why a city employee, or other city person has not been trained to take Mr. Lyen's place, when it has been known that he was leaving office, and that he will be on tour in 1996. 0237 Council Minutes 12-20-95, Page 2 b) The following persons spoke on matters not related to an agenda item: George Goldberg, resident, concerning notice of parking violation of recreation vehicle. Karen Aguilar, resident reported on success of the P.S. Celebrity Tournament, and that a full accounting will be given as specified by its agreement. She added that the Tribal Council donated$20,000 for the Youth Center; as well as a check of$1,000 from the Positive Alternatives for Youth from its 6K Run. LEGISLATIVE ACTION: 1. AIRPORT NON-SUIT COVENANTS Recommendation: That the Council establish policy to waive requirement for non-suit covenant/aviation easements for existing property owners who wish to improve or sell their property, except for Noise Insulation Program participants, consistent with ROARE Settlement Agreement. Mayor stated that since the FPPC decision has not yet been rendered, he will continue to abstain on the Airport. Director of Aviation reviewed the details of his memorandum, which is on file with the (051- City Clerk, noting that the recommendation is consistent with the R.O.A.R.E. Settlement 028 Agreement, and which will allow improvements or the sale of vacant parcels by current property owners, without the requirement of a non-suit covenant; and that subsequent Zoning Text Amendments will be processed through the Planning Commission, and the City Council. In answer to questions by Council, he stated that the covenant provision applied to new construction, but not for sale or remodeling; that the Part 150 Study called ' for a review of that provision to require them on sales and remodels; that such review will be forthcoming, and if not enacted, covenants in those circumstances may never be required; and that existing covenants will not be rescinded. Resolution 18753 as recommended, was presented; after which, it was moved by Spurgin, seconded by Oden, and unanimously carried, that R18753 be adopted; Kleindienst abstained. 2. VISTA CHINO RETENTION BASIN AIRPORT PURCHASE Recommendation: That the Council approve the purchase of the 9.39 acre Vista Chino Retention Basin by the P.S. Regional Airport for airport runway protection purposes; amend the budget to appropriate $827,535 from Airport Retained Earnings; and amend the budget to transfer proceeds of the sale from the General Fund to the Motor Vehicle Replacement Fund. Director of Aviation reviewed the details of his memorandum, which is on file with the City Clerk; noting that the area is within the airport contour for runway protection, in (117- which there will be no construction, nor active parks. In response to questions by 040 Council, he stated that the area is currently fenced, and all other improvements on site (061- are underground; and that there has been discussion to allow flood control to landscape 017) the fencing, which will be addressed further with the Council, along with plans for acquiring an additional 20 acres adjoining the site. He added that the proceeds will offset the rent payment the City made as required by the FAA for the Corporation Yard, which was a transfer from the MVR Fund. Director of Planning & Building stated that at the time the flood control project on Vista Chino was undertaken, the County was not able to bid the landscaping in time, and indicated that when the City was ready to put a landscape together, it would be. able to draw against its account; and that the basin will remain even when downstream flood control projects are completed, as its purpose was to permit downsizing of downstream projects, and to control the release of the water after the peak has flowed through the washes. 0238 Council Minutes 12-20-95, Page 3 2. VISTA CHINO RETENTION BASIN AIRPORT PURCHASE (Continued) Resolutions 18754 through 18756 as recommended, were was presented; after which, it was moved by Hodges, seconded by Spurgin, and unanimously carried, that R18754 though 18756 be. adopted. 3. FARRELL DRIVE REALIGNMENT STUDY & DESIGN Recommendation: That the Council approve agreement with Mainiero, Smith & Associates, Inc., to provide the above services, not to exceed $56,500, A3620. Director of Aviation highlighted his memorandum, noting that the realignment relates to (136- the extension of the runway, and the costs are associated only with the fiirst phase 025) engineering for the street and utility relocation. Minute Order 5669 as recommended, was presented; after which, it was moved by Spurgin, seconded by Barnes, and unanimously carried, that MEO5669 be adopted. 4. INDIAN CANYON DRIVE - NATIONAL HIGHWAY SYSTEM DESIGNATION Recommendation: That the Council concur in designating Indian Canyon Drive on the National Highway System (NHS) as a "NHS Connector Route:" from the Twenty-nine Palms Marine Base to the P.S. Regional Airport. City Manager highlighted the memorandum of the Director of Public Works, noting that (136- the newly annexed area has asked for an all-weather crossing of Indian Canyon Drive; 027) that the City is not prepared to create those kinds of expenses, nor has CVAG moved up the project on its list of priorities; that the designation enables the City to qualify for federal funds, without similar constraints as when Palm Canyon was under CalTrans' control. ' Councilmember Hodges stated that the area was in the County„ and as such, the County did not consider it a high priority, and therefore CVAG, also, did not consider it a high priority. Resolution 18757 as recommended, was presented; after which, it was moved by Spurgin, seconded by Barnes, and unanimously carried, that R18757 be adopted. 5. ORDINANCES FOR SECOND READING & ADOPTION The following ordinances to place Planned Development Districts on the Zoning Map, were introduced at time of project approval, and are presented for second reading, after final plans are in place: City Clerk read titles of the following ordinances: Ord 1525 re PD 185 (Desert Hospital); (116- 049) Ord 1526 re PD 227 (P.R. Taylor - Shopping Center Vista Chino/Sunrise); and (116- 094) Ord 1527 re PD 230 (Desert Museum Expansion); (116- 099) after which, it as moved by Hodges, seconded by Spurgin, and unanimously carried, that further readings be waived, and Ordinances 1525 through 1527 be adopted; Oden abstaining on all, and Kleindienst abstaining on 1525. 6. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirements;materials at meeting) - None CONSENT AGENDA: 7. MO 5670 awarding contract to Swen Builders for $13,953 to remodel the restrooms at (115- the Leisure Center to comply with ADA disability standards, CIP94-37, A36211. 003) 0239 Council Minutes 12-20-95, Page 4 8. MO 5671 approving agreement with the Riverside County Transportation Department for (123- engineering design and related services related to Intermodal Surface Transportation 001) Efficiency Act (ISTEA) grant projects in the City, and Congestion Management Air Quality program coordinated by CVAG, A3622. (PM10 Projects) (123- 011) 9. Res 18758 approving acquisition of two right-of-way parcels along the north side of E. (136- ' Palm Canyon Drive, west of Sunrise Way, and Calle de Marcus. (Meindienst abstained) 028) 10. MO 5672 and 5673 approving purchase of two unmarked vehicles, through the State (084- Depl. of General Services, one from Fiesta Ford, $17,500 and one from Downtown Ford, 012) $20,258, each plus taxes - details to be provided at meeting. it. MO 5674 awarding CDBG project contract to Georgiou Painting Co., for$9,750 to paint (085- exterior of the Mizell Senior Center, CP95-01, 94-95 CDBG funds, A3623. 011) 12. Res 18759 recommending that the County Dept. of Environmental Health be designated (123- as the Unified Program Agency for hazardous waste and materials regulation in the City, 011) as required by the State Health & Safety Code. 13. Res 19760 authorizing application to the Calif. Integrated Waste Management Board for (123- a used oil recycling block grant. 011) 14. Res 18761 concurring action re above CRA Item A. (Hodges abstained) 15. Res 19762 approving Claims & Demands. (See abstentions) (086- 01.4) 16. See Item 17. It was moved by Spurgin, seconded by Barnes, and unanimously carried, that Resolutions 18758 through 18762 and Minute Orders 5670 through 5674, be adopted; Kleindienst ' abstaining on Res 18758;Hodges abstaining on Res 18761 and Warrants 905424, 905430 and 905442; and Spurgin abstaining on Warrant 905579. 17. ELECTRIC MUNICIPALIZATION MO --- approving Amendment I to agreement 3577 with Duncan & Allen to provide for set-vices of Arthur Lyons to manage, coordinate and provide services for local aspects of the City's electrical municipalization effort, for an additional $12,900. City Manager reported that the item is an amendment to contract with Duncan & Allen, proposed to add Mr. Lyons for consulting services, and part of the rationale recognized the importance of keeping him involved because of his knowledge, but also ultimately that he would assure someone else's ability to continue on when he was no longer involved. I-Ie recommended that he be authorized to negotiate a contract with Mr. Lyons for approval by the Council, and asked for input the Council would like to have included. Councilmember Spurgin stated that Mr. Lyons has worked long and hard on this issue; and asked that the out of pocket expenses come from the monthly amount, and not a separate $250 reimbursement limit; and she recognized that there was a difference in (147- terms of expenses when he was on the Council, and only received a small monthly stipend 004) as Councilmember. Councilmember Barnes agreed, and added that Mr. Lyons is not the only person for the job, but he is best person for the job; a part of which, as a liaison between Duncan and Allen and the Council, should include training, and passing information, and making that work. City Manager added that Mr. Lyons also wanted to remove the lobbying aspect, and it will become a part of the negotiation. 024.0 Council Minutes 12-20-95, Page 5 17. ELECTRIC MUNICIPALIZATION Councilmember Hodges expressed appreciation for what Mr.Lyons has done, and the fine job of it; that she recognized that there was discussion, while not formal, about his carrying on this fight, but ,she did not think of it as something he would be paid for; that she has a problem with taking on a position while serving on Council, and then expect ' payment after leaving the Council in order to continue carrying the ball;, that the perception is that a member set up an after-leaving-office job with the City; that she was not saying that is what occurred; that perhaps one of the new Councilmemmbers, or someone else in the community, may be interested in learning what needs to be done to accomplish the task; but that she has a problem with the whole: concept. Councilmember Spurgin stated that Mr. Lyons has learned so much, and is so much further ahead than other Councilmembers; that she felt he has "Edison on the run," and that she would not want to lose that momentum. Councilmember Hodges stated that her issue is one of perception, and she frankly anticipated that Mr.Lyons would continue working on the issue„ but $12,900 for five and one-half months work takes on a different concept for her than what she envisioned, i.e., the dollars per se, and perhaps she was naive about working for nothing, but when a person is on the Council and feels strongly about something, and he has gained so much support, and contacts throughout the State, that it was something one felt compelled in their heart to continue, as that is what she would do in that circumstance. Councilmember Spurgin stated that she felt there is a relevance between Councilmembers being paid for serving on the Council, and Mr. Lyons receiving compensation for continuing with the project. Councilmember Oden stated that a person is worthy of their hire„ and he would;not expect (147- a person to work for nothing; that he was concerned about the title of the position, and 004) ' there may be an issue remaining if the term, "lobbyist" is removed, but the activity remains. City Manager stated that it is included in the current scope of services, but if removed it would not be included, and reasons for doing so relate to restrictions applied by state and federal regulations. Councilmember Oden stated that if Mr. Lyons has carried the responsibility, and no other choice is available other than staying with him, there should be assurance that: someone will be trained, and be under the direct responsibility of the City. Mayor stated that Mr. Lyons did not create a problem, rather a solution; that the community still has high electric costs, and Mr.Lyons saw this as a matter to be challenged; that some people thought of it as fighting "Goliath"; that the idea of a paid employee, volunteer, or otherwise is not practical, in that the issue needs to be addressed quickly, and as soon as possible; that Mr. Lyons' learning, and path he is on, is far ahead of others, and it is not likely that one could catch-up with it; that a replacement for him, would require it be an attorney, expert, or lobbyist who could cost $250 per hour, and exceed the $12,900; that this is a fluid process, in which Mr. Lyons has reacted quickly, with exceptional understanding of what needed to occur, the terminology, and networking needed to build the momentum necessary; that funds were needed, and he raised over $225,000, and the contributors might feel differently about someone else representing those dollars, who would not be up to speed with the same: level of knowledge, or expertise; that Mr. Lyons is an asset which will result in a tremendous reward, and the ' investment in him is money well-spent; that the funds raised, were deposited into a special account to fight the SCE issue; and that Mr.Lyons has earned the Council's support. He added that the item was clearly described on the agenda, and its placement as the last item may suggest that there were negotiations to bring it to the Council; that if lobbying is a concern, it should be that of Duncan&Allen, not the City, as it would be a lobbyist hired by them; that Mr.Lyons should do what is necessary to obtain the FERC ruling, which will result in lowering rates. 0241 Council Minutes 12-20-95, Page 6 17. ELECTRIC MUNICIPALIZATION (Continued) Councilmember Barnes stated that in the scope of services, there are numerous tasks, and he would not attempt it for the small amount of money involved. ' Councilmember Spurgin slated that Mr. Lyons has taken this issue on, and it has encompassed his life; that it is imperative that the City not delay, and that residents are relying on moving ahead, and not letting the ball drop. Mayor stated he looks forward to this matter corning back, as quickly as possible, and not delay in this fight for lower rates. Councilmember Hodges emphasized that she appreciates and acknowledges the work of Mr. Lyons, and does not question that he has lived and breathed this, and it is not the issue for her; that she supports what the City is doing; how it is done and what is being sought; and she has not waivered from that. Mayor stated that the perception being referenced by Couuctmember Hodges is a real one, but he did not believe it is an accurate one, nor that Mr. Lyons has set this up in any manner for his own benefit. Councilmember Oden stated that perhaps it is a perception, and it is important to acknowledge that it is a perception, and to acknowledge these things in the future, and to plan for it accordingly. City Manager understood the Council's direction was to look at the out-of-pocket expenses, training to assure that training process is included for a city person to carry on, and to discuss the lobbying issues, to make certain Duncan & Allen understand the ramifications of that. It was moved by Spurgin, seconded by Oden, and unanimously carried, that the City Manager be authorized to negotiate a contract, i.e., to address the issues noted above. ADDED STARTERS: AS18. FRINGE TOAD LIZARD MITIGATION FEE It was moved by Barnes, seconded by Spurgin, and unanimously carried, Kleindienst (051- abstaining, that this matter be determined eligible for consideration, and added to the 074) agenda. Mayor abstained due to previously stated reasons related to the Airport. Recommendation: That the Council authorize the immediate payment of$24,900 to the Nature Conservancy for a Fringe Toed Lizard mitigation fee related to the Airport Runway Extension Program. Director of Aviation reviewed his report, noting that without the immediate payment, the U.S. Dept. of Interior Fish & Wildlife Services will not conclude the formal consultation, and tie progress on the Airport expansion could be halted, or severely impacted. Minute Order 5675 as recommended, was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, Kleindienst abstaining, that MO5675 be adopted. REPORTS & REQUESTS: 19. DEPARTMENTAL REPORTS - Received & Ordered Filed (121-002) a) Treasurer's Monthly Summary of Investments - September, 1995 0242 Council Minutes 12-20-95, Page 7 CITY COUNCIL reports or requests a) Councilmember Spurgin requested a future study session agenda item regarding Prop. 199 (Mobilehome Asst. Rent) b) Councilmember Hodges requested that the appointment of Council representatives and liaisons to various agency committees and boards be reviewed at an early ' meeting. Mayor concurred that the matter be on the January 3 agenda. Councilmember Hodges also requested that the Council/commission dinners be resumed. PUBLIC reports or requests a) Karen Aguilar commented regarding the CDBG process and timeliness of expenditure of the fimds,and the Mayor requested she put her concerns re CDBG process in writing for Council information. STAFF reports or requests ADJOURNMENT There being no further business at 5:35 p.m., Mayor declared the meeting adjourned. 7 JUDITH SUMICH City Clerk 1 1