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Home My WebLink About1996 - MINUTES - 2/21/19960023 CITY OF PALM SPRINGS CITY COUNCIL MINUTES FEBRUARY 21, 1996 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 Talrquitz Canyon Way, on Wednesday, February 21, 1996 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 Reverend Jack Morrow, Desert Chapel. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on February 16, 1996. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) -See items on Page 4 of agenda this date. HOUSING AUTHORITY; FINANCING AUTHORITY; INDUSTRIAL DEVELOPMENT AUTHORITY; COMMUNITY REDEVELOPMENT AGENCY: No business PRESENTATIONS Colorado River Basin Supporting Agency Award -Cliff Graham Palm Springs High School Student Body Report INTERAGENCY REPORTS I a) Mayor provided update on Smiline and its taxi committee meeting; as well as ad hoc committee looking at fiberoptics in the community. PUBLIC HEARINGS: NONE PUBLIC COMMENTS: a) The following persons spoke on matters not related to an agenda item: Bob Yturralde, President of the P.S. Fire Association, presented a check for $1,000 for the City Hall refurbishing, which was accepted with thanks by Councilmember Spurgin on behalf of the Council. Jim Hicks, resident and business owner, commented concerning the Sign ordinance, and urged that the Council set a policy to firmly and fairly enforce the ordinance; and provide a strong support of the Code Enforcement by the City Attorney, i.e., downtown. Mike Russ, resident, concurred with Mr. Hicks, adding that all businesses are having a hard time, but without equitable enforcement of the ordinance, there will be long-term negative repercussions, and the community will suffer, and that the debate shifts the focus from issues which need to be addressed. Stan Serasky announced a local rally concerning Prop. 199. ' Romano Rolinda, representing his mother, submitted a written request concerning trash pickup, which was referred to the City Manager for response, relative to the Aloha Hotel at 1080 S. Palm Canyon. Betty Tuminello commented concerning food for the homeless, and need for a local outlet, and that the City should pick up part of the burden. Don Frank commented that department head salaries could be used to feed the homeless. 0024 Council Minutes 2-21-96, Page 2 b) Comments concerning Items 1 & 2: Bob Stranger urged that concerning Items 1 and 2, thie Council look towards (147- programs which will result from the deregulation. 004) LEGISLATIVE ACTION: ' 1. ELECTRICAL MUNICIPALIZATION Recommendation: That the Council approve narrowing the candidate list to five potential ( I47- electrical power supply partners and authorize visits to Company headquarters. Costs to 004 ) be paid from privately raised funds; and 2. ELECTRICAL MUNICIPALIZATION-DUNCAN & ALLEN Recommendation: That the Council approve amendment #2 regarding scope of services with Duncan & Allen Counselors at Law to include filing of application for wheeling order, for an additional $40,000, not to exceed a total amount of $199,400. Procurement Manager provided concurrent reports, detailing specifics of Item 1. Don Allen, Duncan & Allen, commented concerning die City's success in reaching this point in the process, and his amazement at the speed and commitment which ;has been (147- obtahned from other cities and interested parties, including the willingness of industry 004) providers to deal with the City. He stated that typically there is no contact with the FERC members, however, in discussions, he felt it was clear that the commissioners wished to hear from the City prior to the application submittal. He added that the City's program will not lessen the opportunities of deregulation which SCE sees coming down the line, rather it will enable the City to compete with SCE. City Manager stated that actual funding for Mr. Berryhill's travel expenses will be confirmed, before he authorizes the trips. Minute Orders 5695 and Minute Order 5696 as recommended, were presented; after which, it was moved by Spurgin, seconded by Hodges, and urtrmimously carried, that MO5695 and 5696 be adopted. 3. AIRPORT TAXIWAY "A", AIP18 GRANT AMENDMENT Recommendation: That the Council accept Amendment #1 to AIP3-06-0181-18 Federal Aviation Administration Grant for partial funding of the Taxiway "A" relocation. Mayor stated lie would abstain as this matter relates to the Airport Master Plan. Director of Aviation reviewed details of his memorandum, which is on file with the City Clerk, noting that the funding will remain with the City, and hopefully the remaining (051- amount needed will be secured in a near future grant, to allow the project to proceed. 020 ) Minute Order 5697 as recommended, was presented; after which, it was moved by Hodges, seconded by Barnes, and unanimously carried, Kleindienst abstaining, that MO5697 be adopted. 4. UNOCAL STATION, 19995 N. INDIAN CANYON DRIVE Recommendation: That the Council approve findings of Resolution of Public Necessity ' for the sale of beer and wine for Unocal (Case 5.0696-CUP) at 19995 North Indian (078- Canyon Drive and 20th Avenue. 054 ) Director of Planning & Building highlighted his memorandum, noting that the action is a requirement of the Alcoholic Beverage Control Board. •a.�U Council Minutes 2-21-96, Page 4 4. UNOCAL STATION, 19995 N. INDIAN CANYON DRIVE (Continued) Councihnember Spurgin stated that consistent with her opposition in the past, she would stand with her policy that she will not lend her name to a resolution for public convenience and necessity for the sale of liquor. Resolution 18780 as recotmmended, was presented; after which, it was moved by Hodges, seconded by Oden, and carried by the following vote, that R18780 be adopted: AYES: Barnes, Hodges, Oden & Kleindienst NO: Spurgin ABSENT: None ADDITIONAL LEGISLATIVE ITEMS: None CONSENT AGENDA: 5. Res 18781 rescinding Resolution 18477 which authorized an encroachment license agreement (136- for certain hnprovements encroaching in the right-of-way (along Indian Canyon Drive) for the 027 ) property located at 260 Chuckwalla Road, PD240, Section 11. 6. Res 18782 approving 12-month retroactive time extension for TTM 20603-A, Raclin Family (137- Trust for a single family residential subdivision located on Acanto Drive, east of South Palm 052 ) Canyon. 7. Res 18783 declaring intention to vacate all right title and interest of said City in part of the (145- right-of-way for Tachevah Drive in Section 7, T4S RSE. 001) 8, Res 18784 approving Quit Claim Deed for the existing Rim Road so that Rim Road can be (136- realigned and the paved road shall be located within the described easement being in Section 054) 25, T4S, R4E, SBBM. 9. See Item 12. 10. Res 18785 approving Payroll Warrant. (086- 014) 11. MO approving settlement agreement with Rodriquez vs. City of Palm Springs Indio (096- Case #I-70151, continued to March 6, 1996. 005 ) It was moved by Spurgin, seconded by Barnes, and unanimously carried, that Resolutions 18781 through 18785 be adopted. 12. CONTRACT ENGINEERING PLAN CHECK Recommendation: That the Council approve second amendment to four contract services agreements and first amendment to Sanborn A/E for Engineering Plan Check, for a net increase not to exceed $30,000 per contract, for a total contract sum of not to exceed $60,000 per contract over the term of each contract, A3273, 3274, 3275, 3584, 3382. Director of Public Works explained that at the time the concept of contracting for engineering plan check was approved, the contracts with the providers were for one year; that at the end of (112- that time, the contracts were extended for three additional years, each, however, the funding 004) amount was not changed to match the added timeframe; that the ceiling per contract is an up- set maximum, and is not a fixed amount; and that based on the workload over the past year, the maximum amount will actually be reduced by the amendment to an amount averaging $15,000 per year, or a total maximum per contract of $60,000 over the full three-year period. Minute Order 5698, as recommended, was presented; after which, it was moved by Spurgin, seconded by Barnes, and unanimously carried, that MO5698 be adopted. ADDED STARTERS: None Council Minutes 2-21-96, Page 5 REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Mayor and Councilmentbers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting. ' b) Councilmember Oden requested an update and review regarding the "Walk of the Stars." c) Mayor stated that even if the Council were to immediately adopt a revised Sign Ordinance, it would take 45 days before it could be effective; and that he believes the current ordinance should be firmly and fairly enforced, and would like to instruct the City Manager to direct staff accordingly. City Manager stated that a conservative position of enforcement was taken based on recent Council actions, however, subsequently there has been an unfortunate abuse of the system, i.e., over the prior weekend, and concurred there will be an equitable, but firm enforcement. PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT There being no further business at 8:20 p.m., Mayor declared the meeting adjourned to a continued Closed Session, and upon reconvening at 9:15 p.m., the City Attorney reported on matters discussed, at which no action was taken, and the meeting was adjourned to a joint , study session with dte Agua Caliente Tribal Council, Thursday, February 22, 1996, 6 p.m., Spa Hotel Boardroom, preceded by Closed Session at 5 p.m. %�-JUDITH SUMICH City Clerk J