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HomeMy WebLinkAbout1996 - MINUTES - 5/15/19960084 CITY OF PALM SPRINGS CITY COUNCIL MINUTES May 15, 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 Tahquitz Canyon Way, on Wednesday, May 15, 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: Councilrnembers Barnes, Hodges, Oden, Spurg;in and Mayor Kleindienst I Absent: None The meeting was opened with the Salute to the Flag, led by Boy Scout Troop 262 and an invocation by Lt. Glade Eggett, Twenty-nine Palm Marine Base. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on May 10, 1996. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PRESENTATIONS: Update & Report of P.S. City Hall Renovation Committee PSHS Student Body Report; Introduction of newly Promoted Fire Department Personnel Proclamations - Springs Ambulance; Harold Good. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY; COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC HEARINGS: 1996-97 CDBG ALLOCATIONS I Recommendation: That the Council approve proposed 1996-97 CDBG budget recommended by the advisory cotmnittee; authorize City Manager to execute subrecipient agreements consistent with the approved allocations; and receive for filing the Consolidated Plan Annual Plan Update to be submitted to HUD. CDBG Specialist introduced Committee members and reviewed staff report. Jim Barrial, Committee member expressed appreciation to other Committee members for their commitment ( 08 and requested Council approval of the resolution. 013 Mayor declared the hearing open. Marc Haupert, representative of Desert Aids, read a prepared statement as on file in the Office of the City Clerk. Michael Boyer, CVHC, acknowledged the difficult job the Committee was charged with in evaluating the different requests, and the further difficulty the Council would be faced with in choosing those who will receive funding; that this represents a joint venture of private and public funding; that the funding from the CDBG will be used to identify property and investigate the scope of work; and that the allocation would provide an opportunity to leverage the City's money. Richard Farmer, Foundation for the Retarded, thanked the Council for consideration; that with the contribution, 140 individuals will be assisted; that the funding is used to help with employment; that this I funding will be combined with other pledges to build a new workshop; that the facility will be located in Palm Desert; and that ten percent of the individuals served are from Palm Springs. Tina Weave, representing the CARE program at COD, thanked the City Council for past support. There being no further appearances, Mayor declared the hearing closed. 008 Council Minutes 5-15-96, Page 2 1. 1996-97 CDBG (Cont'd) Councilmember Spurgin stated that support to build a building outside of Palm Springs should not be given; that there is no argument about the validity or the worthiness of the Foundation for the Retarded; and that ' the work that is done by the organization is fine, but that the issue is giving the funds to a group who will take the money down valley to build a structure. Councilmember Hodges questioned why the Committee felt so strongly in the recommendation to the Foundation of the Retarded. Jim Barrial stated that the Committee determined that the Foundation of the Retarded program is one of the better ones in the County; that many of the students do come from Palm Springs; and that the reputation of the facility is high. Councilmember Odell stated that the facility is outstanding and renders likewise service, but that he shares the concern regarding giving money to build a facility out-of-town. Mr. Fanner stated that the Foundation for the Retarded does have a thrift shop located in Palm Springs; that if the Foundation had land in Palm Springs, the facility would be located there; that the individuals use public transportation to get to the facility; and that the individuals are trained to become partially sufficient reducing the cost of various assistance programs. Mike Fontana, stated that the Committee had the same predicament; that criteria was developed for evaluating the requests, such as, tine percentage of individuals from Palm Springs served; whether the request is for all costs of the improvement or a prorata share; whether the request is a one-time band -aid fix or a method to teach someone to do for themselves; that the Foundation for the Retarded actually has 29 - 30 % Palm Springs participation; and that with those factors the initial thought of not being located in Palm Springs was alleviated. (085- 013) Mayor Kleindienst complimented the Committee for the work and effort expended on the recommended allocations; that the facility for the Foundation for the Retarded is located in another, City, but that the question is whether the Foundation addresses Palm Springs' needs; that the Council has a five-year plan; that those issues and concerns have been set forth for the staff and Commissions to use as guidelines; that the City has limited resources; that the funding can be used to better Palm Springs; that many of the goals set forth in the five-year plan could be enhanced by the finding allocations; that the Council has indicated a focus on recapturing of neighborhoods, with two particular neighborhoods that have been targeted; that the finds could be used to fill a tremendous need in these areas; and that the funds should be reevaluated by the Committee, with the Council's five-year program used as a guideline. Councilmember Hodges expressed appreciation to the Mayor for the continued focus toward the five-year plan; that CDBG funds are used by different organizations to provide food and basic necessities; that the organizations are serving a need in the Community; that even though the Council does need to keep the focus on the five-year plan, CDBG funds are for a different purpose. Councilmember Barnes stated that one of the criteria for the funding should be, not to dribble funds, rather large amounts should be given in order to make an impact; that the programs need to be evaluated to determine what impact they have on the City; that recapturing the neighborhood program will be costly; that the Committee was given a task, and the task was completed; that at this point, the direction should not be changed; that next year, guidelines should be given to the Committee in advance, and that the funding should be tied to the five-year plan. Mayor Kleindienst stated that his recommendation is not to start over with consideration of funding of projects, rather the need to parallel the five-year plan. ' Councilmember Spurgin recommended consideration of filly funding the Fire Department's request, partial finding of $50,000 to the Coachella Valley Housing Coalition Special Needs Housing Study and the remaining funds to be dedicated to Crossley Tract Street Improvement; and that the finding to the Foundation of the Retarded be deleted. In answer to question by Council, Fire Chief stated that the request would allow the Department to purchase a generator for the Desert Highland Unity Center, a housing unit for the generator and various storage cabinets for cots and blankets to be located at the Center; and that the geographic area needs would be met in the case of a disaster for an energized building. I' Council Minutes 5-15-96, Page 3 1. 1996-97 CDBG (Cont'd) Councilmember Hodges agreed with the recommendations by Councilmerber Spurgin. Councilmember Oden stated that all funding requests could be reviewed to determine if the goals of the Council are being met. I In answer to question by Council, CDBG Specialist stated that the process has been that agencies apply for funding, and those applications were then reviewed based on criteria set forth by the Committee; and that HUD does not specifically require the application process. City Manager stated that HUD would need notification of the funding allocations by the end of the month; that if the Council chose to give direction to staff regarding changes, those would be made; that (085- traditionally funds have been allocated through the Conunittee by reviewing the applications; that there are 013 a total of four phases for the Crossley Tract improvements; and that this request would complete Phase I1. Councilmember Spurgin stated that previous participation on the CDBG Committee gives one the understanding of what type of decisions trust be made; that no matter what decision is made, not everyone is happy; that the efforts of the Committee are appreciated; and that all effort is acknowledged. Councilmember Hodges stated that direction needs to be given to staff; that the only personal concern is capital improvement funds being allocated to another City; that if those monies were deleted, one alternative is to fund the CVHC request; that the Committee was not aware of the Council's goals; and at this late date it is inappropriate to change the recommendation; and that guidelines should be given for next year's use. Councilmember Oden stated that the entire recommendation could be reviewed by the Council, targeting those that are in keeping with the Council's goals. Councilmember Barnes stated that one issue is that of addressing particular areas where the residents are impacted the most; that certain neighborhoods are in fact targeted within the five-year goal; that although ' some of the Committee recommendations may not be the same as in the five year plan, ultimately those concerns will be encompassed. Resolution 18828 as revised, deleting allocation for Foundation for the Retarded, adding allocations for PS Fire Department and Coachella Valley Horsing Coalition with any remaining funds to the Crossley Tract Street Improvement Phase II; increasing $2,100 to Shelter from the Storm and adding $2,800 for Administration; and motion to receive the Consolidated Plan Annual Plan Update for filing., were presented, after which; it was moved by Spurgin, seconded by Hodges, and carried by the following vote, that R18828, as revised be adopted. AYES: Barnes, Hodges and Spurgin NOES: Kleindienst and Oden ABSENT: None City Manager stated that the revised resolution will be prepared and returned to the Council on May 22, 1996, for reaffirmation. Here Councilmember Hodges was excused from the remainder of the meeting. 2. DELINQUENT WASTE DISPOSAL SERVICES Recormmendation: That the Council adopt a resolution placing delinquent waste disposal services accounts for the fiscal year ending June 30, 1996, on the Riverside County property tax rolls. The purpose of this I action is to provide a more efficient means of collecting delinquent accounts. City Manager reviewed staff report, no further report was given. (140- Mayor declared the hearing open. 005 0087 Council Minutes 5-15-96, Page 4 2. DELINQUENT WASTE DISPOSAL SERVICES (Cont'd) Frances George, 3084 Gregg Circle, questioned what authority the City has to assess property owners for a service that is not rendered, and to attach it to the property taxes; and stated that, in the past, he has ' received letters stating when the hearings for this issue would be held, but when he appeared, there was no hearing; and added that his bill from Palm Springs Disposal includes a dump fee; that the bill is received in advance of the services being rendered, and that if there is no pick-up the dump is not used. Robed Kaiser, 2416 Los Coyotes, stated that regarding Item 3, once a user fee is placed on a tax roll, it is subject to Proposition 13; and questioned if the City is charged by the County to place the bills on the tax roll; and added that taxes are raised every year. Fred Ebeling, 2460 Tuscan, stated that he generates no garbage; that he lives alone with a dog; that all his trash is recycled; that the system needs to be changed to a pay as you use system; and each property pay per trash bin; that this is a tax; and that it is not fair to the citizens. Rebecca Sanchez, 517 E. Camino Parocela, stated that the tax is inequitable; that it is illegal for the City to charge someone for a service that is not contracted for; that her own trash is hauled by herself at one- half the cost of Palm Springs Disposal; that no one has the right to attach the property taxes; that the charge is hard for low income persons to pay; and that the entire matter is unjust, inequitable, and creates a hardship on the property owner. Bette Tuminello, questioned why the City should be concerned with trash collection; and added that the City should try to privatize the service; and that the charges should be based on the amount of trash a property generates, not a flat rate. There being no further appearances, Mayor declared the hearing closed. City Attorney stated that the trash removal service was privatized in the 1960's; that the billing is a fee for ' service, and not in violation of a tax; that there is a process to collect the delinquent bills on the tax roll; that it is not fair for the rest of the Community to pay for those who do not pay; and that it is not unusual for a City to place delinquencies on the tax rolls. Councilmember Barnes stated that the only billings being placed on the tax rolls are for delinquent properties; that if the bills are paid on time, they will not appear on the tax roll; that user fees are not uncommon; and that mandatory service keeps the community clean. Resolution 18829 as recommended, was presented; after which, it was moved by Barnes, seconded by Oden, and unanimously carried, Hodges absent, that R18829 be adopted. 3. SEWER SERVICE CHARGES - 1996-97 Recommendation: That the Council elect to have sewer service charges collected on the tax rolls for Fiscal (140- Year 1996-97. 003) City Manager reviewed staff report, and no further report was added. Mayor declared the hearing open, there being no appearances, the hearing was closed. Resolution 18830 as recommended, was presented; after which, it was moved by Spurghr, seconded by Oden, and unanimously carried, Hodges absent, that R 18830 be adopted. 4. INTERIM URGENCY ORDINANCE 1521 - AMENDMENT Recounuendation: That the Council amend Ordinance 1521 interim urgency ordinance regarding condominium -hotel, to remove 180-day unit, owner -occupancy -restriction, mandatory use of all units by the hotel operator when not in use by the unit owner, and to add a transient occupancy tax iu-lieu fee. - 044) Mayor Kleiudienst stated he would abstain due to potential client relationship. City Attorney stated that in order to adopt an urgency ordinance, four -fifths vote is required; that since the Mayor would be abstaining and Councilmember Hodges was absent, it was preferable to continue the matter to May 22, 1996. Council Minutes 5-15-96, Page 5 4. INTERIM URGENCY ORDINANCE 1521 (Cont'd) Motion to continue Ordinance amending Ord. 1521 was presented; after which, it was moved by Barnes, seconded by Oden, and unanimously carried, Hodges absent, Kleindienst abstaining, that the matter be continued to May 22, 1996. I INTERAGENCY REPORTS: a) Councilmembers reported attendance at various meetings. PUBLIC COMMENTS: a) Comments on matters not related to an agenda item Steve Lightfoot, commented regarding who shot John Lennon and charges of false arrest he would be filing against the City. Joy Schlendorf, requested that the matter of Municipal electricity be place on the agenda to allow discussion and input by the Conummity. Bradley Jeff Franks, Brakescrew Enterprises, stated that organized cringe needs to be stopped and that political campaigns should not be publicly funded. Joel Simpson, Brakesrew Enterprises, stated that electrical boxes are not regulating the use of electricity accurately; and commented on the direction that Palm Springs is heading and thanked the City for using his ideas. LEGISLATIVE ACTION: 5. CDBG - DESERT HIGHLAND PARK GYMNASIUM FLOOR RENOVATION ' Recommendation: That the Council award contract to renovate the Desert Highland Unity Center gymnasium floor, to Sahara Waterproofing, for $32,495, CP95-35, A3664; and grant relief to Cormnercial (085- Diversified Inc., re withdrawn bid. 011) City Manager reviewed staff report, no further report was given. Minute Order 5735 as recommended, was presented; after which, it was moved by Spurgin, seconded by Barnes and unanimously carried, Hodges absent, that M05735 be adopted. CDBG - YOUTH CENTER GYMNASIUM FLOOR RESURFACING Recommendation: That the Council award contract for removal and replacement of the gymnasium floor at the P.S. Youth Center, CP94-33, A_. City Manager requested the matter be rejected to allow rebid of the project. (085- 011) Councilmember Barnes abstained due to financial interest. Motion to reject bids was presented; after which, it was moved by Spurgin, seconded by Oden, and carried by the following vote. AYES: Oden, Spurgin and Kleindienst NOES: None , ABSENT: Hodges ABSTAIN: Barnes NOT USED 0089 Council Minutes 5-15-96, Page 6 LEGISLATIVE ITEMS (Cont'd) COMPREHENSIVE FEE SCHEDULE - APPEALS FEE ' Recmntnendation: That the Council amend the Comprehensive Fee Schedule to establish a fee for appeal before the Administrative Appeals Board. City Clerk reviewed staff report, no further report was given. (114- 010) Councilmember Spurgin stated the intent of the Appeals Board is allow opportunity for citizens to address concerns; and questioned if the fee would be prohibitive, and how the fee charged related to Planning Commission hearing is established. Director of Planning and Building stated that the current fee charged for a Planning Commission appeal probably does not cover all staff or other costs. Resolution 18831 as recommended, was presented; after which, it was moved by Barnes, seconded by Oden, and unanimously carried, lIodges absent, that R18831 be adopted. MUNICIPAL CODE AMENDMENT - ROOM TAX Recommendation: That the Council amend the Municipal Code to establish a procedure to collect payment from condominium hotel operators in -lieu of room tax. Mayor stated he would abstain for reasons as previously noted. (103- 045) City Manager reviewed staff report, no further report was given. City Attorney stated that approval of the ordinance would create a procedured for collection within the ' Code; that the matter can be introduced at this meeting or deferred until a later date. Assistant City Clerk read Title of Ordinance as follows AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A PROCEDURE TO COLLECT A PAYMENT FROM CONDOMINIUM -HOTEL OPERATORS IN -LIEU OF TRANSIENT OCCUPANCY TAXES PURSUANT TO A RECORDED after which; it was moved by Barnes, seconded by Oden, and carried by the following vote that further reading be waived, and the Ordinance be introduced for first reading. AYES: Barnes, Oden and Spurgin NOES: None ABSENT: Hodges ABSTAIN: Meindienst 10. RAILROAD CONDUCTOR/FLAGMAN Recommendation: That the Council authorize payment to Southern Pacific Transportation Company, sole source provider, for conductor/flagman services, on a time and material basis, not to exceed $15,000; and ( 143- authorize a $10,000 advance payment required by SP, CP95-28. 006 ) City Manager reviewed staff report, no further report was given. Minute Order 5736 as reconunended, was presented; after which, it was moved by Spurgin, seconded by Oden, and unanimously carried, Hodges absent, that M05736 be adopted. IL ADDITIONAL LEGISLATIVE ITEMS: None 0090 Council Minutes 5-15-96, Page 7 CONSENT AGENDA: 12. MO 5737 rejecting all bids for Fire Station 2 re -roofing, due to cost, and readvertise bids, CP95-41. (117- 013' 13. MO 5738 approving Work Directive No. 20 with Gensler Associates for bidding and construction phase (051 architectural services for the Airport ticket wing expansion, not to exceed $32,165 (A2781). 051 14. MO 5739 awarding purchase and delivery of 2,000 square yards of carpet to Contract Carpet Co., for (051- $48,840, to replace existing carpet at the Airport Terminal, CP96-15. 089 ) 15. Res 18832 and 18833 approving payroll warrants and claims & demands. Kleindienst abstain #910332 & (086•- Spurgin #910287. 014 ) Resolutions 18832 and 18833 and Minute Orders 5737 through 5739 were presented, after which; it was moved by Barnes, seconded by Spm'gm, and unanimously carried, Hodges absent, Kleindienst abstaining on warrant #910332 and Spurgin #910287, that R18832 - 18833 and M05737 - 5739 be adopted. ADDED STARTERS: None REPORTS & REQUESTS: 16. DEPARTMENTAL REPORTS - Received & Ordered Filed a) Treasurer's Monthly Smnmary Investments - Feb, 1996 (121- b) Treasurer's Monthly Summary Investments - Mar, 1996 002 ) CIT`t' COUNCIL reports or requests PUBLIC reports or requests a) Fred Ebeling, urged citizens to join in a class action suit against waste disposal services being charged without authorization. STAFF reports or requests City Manager reported on trip to Washington D.C., and noted that bricks for the Police Memorial would be available at VillageFest. Director of Aviation reported that a mock disaster would be held at the .Airport on May 22, 1996. ADJOURNMENT: There being no further business at 9:40 p.m., Mayor declared the meeting; adjourned to Tuesday, May 22, 1996, Large Conference Room, City Hall at 6:00 p.m. JUDITH SUMICH City Clerk By: PATRICIA A. SANDERS , Assistant City Clerk