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HomeMy WebLinkAbout1996 - MINUTES - 10/16/199601�)G CITY OF PALM SPRINGS CITY COUNCIL MINUTES OCTOBER 16, 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 Talrquilz Canyon Way, on Wednesday, October 16, 1996 at 5:30 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 cc avened 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 199„ 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 October 11, 1996. 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; INDUSTRIAL DEVELOPMENT AUTHORITY; COMMUNITY REDEVELOPMENT AGENCY - No business PRESENTATIONS: Boys & Girls Club Red Ribbon Week Proclamation: Disabled American Veterans, Chapter 66, Jr. Vice -Commander Jim Brooks Make a Difference Day APPROVAL OF MINUTES: ' It was moved by Oden, seconded by Spurgin, and unanimously carried, that the minutes of September 4, 18, and October 2, 1996, be approved, subject to typographical correction on Page 8 of the September 4 minutes; Spurgin abstaining on the minutes of September 18. COUNCIL COMMENTS/ANNOUNCEMENTS: a) Mayor and Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting. PUBLIC COMMENTS: I Continents on matters other than an agenda item: Don Frank, resident, commented concerning Indian gaming, loss of the Post Office site, and revenue lost to gaming dollars funnelled out of the country. Darrell Meeks, resident, questioned what the legal requirements are for presentation of the warrant register for Council approval, and if there are time requirements for doing so. He also questioned if the City's liaison to the Sunline JPA was present at Closed Session, in which the Imperial Irrigation District acquisition was discussed, and if so, he hoped the Council would direct , that such attendance not occur in the future, although he did not consider it a financial conflict of interest, it has the appearance of an ethical conflict. Leslie Howard -Gathers, resident, displayed the P.S. "monopoly" Game, and announced availability and locations for its purchase. 0197 Council Minutes 10-16-96, Page 2 b) Comments concerning Item 3: Dick Sroda, resident, urged that the Council stop spending money oil the municipalization of electricity, and that the $18,000 may not be enough; that a (147- city employee was to have been trained to replace Mr. Lyons' expertise, yet his 004) contract will be extended; and that he challenged the cost of certain expenses ' charged by the consultant. c) Comments concerting AL#1: Polly Yeager, resident, and representing the P.S. Youth Center, reported on various activities, events, and fundraising efforts of the Center, and commented (092- on new directions of the Board, which brings greater accountability. She stated 013 ) the Center is looking for assistance,not a handout, and that waiver of the tournament fees will result in an added income to the Center of about $40 per player. LEGISLATIVE ACTION: PUBLIC FACILITIES CORPORATION APPOINTMENTS Recommendation: That the Council appoint members of the City Council to the Public Facilities Corporation. Director of Finance L Treasurer reported that the Public Facilities Corp (PFC) is a non- profit corporation, formed in the 1980s to issue debt; that the Palm Springs Financing (156- Authority has, in effect, replaced the PFC, and the Council serves as its Board of 001) Directors; that the last member of the PFC has resigned, and that appointees must be approved by the Council; that the recommendation provides for the Council to appoint ' itself; and that a subsequent action will be forthcoming to eventually disband the corporation. He stated that the PFC's outstanding debt is the Cogen/Police bond issue, and PFC action is required in connection with the transfer of the lease. In answer to question by Council, City Attorney stated that there is no liability in serving as the PFC Board, any different than that of serving as the Council. Minute Order 5818 as recommended, was presented; after which, it was moved by Barnes, seconded by Oden, and unanimously curried, that MO5818 be adopted. PUBLIC FACILITIES CORPORATION: Mayor declared the meeting adjourned for the purpose of converting as the Public Facilities Corporation; after which, members reconvened as the City Council. PUBLIC HEARINGS: 2. CONFLICT OF INTEREST CODES Recommendation: That the Council receive for filing biemiial reports required by the (063- Govermnenl Code, concerning status of department/commission conflict of interest codes; 001) and conduct required hearing to approve amended and/or new codes for specific (060- departments/commissions. 028 ) (060- City Clerk highlighted her memorandum, noting that the action includes new codes for 030) the VillageFest Board and the Administrative Appeals Board, as well as updated departmental codes. Mayor declared the hearing open; there were no appearances, and the hearing was closed Minute Order 5819 as recommended, was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that MO5819 be adopted. 0198 Council Minutes 10-16-96, Page 3 INTERAGENCY REPORTS: a) Councilmember Oden reported on activity of the Community Action Committee; and noted that due to the earlier Closed Session meeting time, he is unable to attend the Mt. Conservancy meeting. b) Councilmember Barnes stated that regarding Sunline JPA, he attended the Sunline SSG JPA meeting, and there were two closed sessions; that after discussions with the City Attorney as to why the III) issue should be a closed session matter, and justification was received from Sunline's attorney, he was not satisfied with the response, and he would not be attending any future closed sessions on that issue; that he did not contend the session was illegal, but that lie did not feel the attorney's answer was good. c) Mayor stated that while he is the City's liaison, Mr. Barnes is the alternate, and he attended the meeting for him due to a conflict in meeting schedules; that Mr. Barnes had trepidations about it, and asked a lot of questions and they met with the City Attorney to determine the nature of the meeting, and are both not convinced that the topic was appropriate for closed session. He also reported on meetings attended subsequent to the last Council meeting. LEGISLATIVE ACTION: 3. CONTRACT AMENDMENT - DUNCAN & ALLEN Recommendation: That the Council approve Amendment #4 to agreement #3577 with Duncan & Allen expanding the scope of services to include continued monitoring of the City's request for rehearing, assistance in the selection of a final electric power partner (147- and continued monitoring and assistance regarding the developments of the P'UC; and 004 ) authorize $18,000; total revised amount not to exceed $322,000. City Manager stated that there are unresolved issues, and lie recommended that the meeting be adjourned to October 23, and during the interim, ai Council subcommittee meet with him and other staff members. Councilmember Oren and Mayor to serve as subcommittee, tentatively to meet on October 17, at I p.m., with the City Manager. It was moved by Barnes, seconded by Spurgin, and unanimously carried, that this matter be continued to October 23, 1996. WALK OF STARS Recommendation: That the Council approve establishing the criteria under which the Walk of Stars Program shall function. City Manager requested that the Council review the proposed resolution, and if there are (129- any questions, to let him know, and that this matter be rescheduled for October 23. He 002 ) stated that the City Attorney has issued a letter, in which he has expressed concerns, and his preference for an agreement with the organization. It was moved by Oden, seconded by Spurgin, and unanimously carried, that this matter be continued to October 23, 1996. 5. COMPREHENSIVE FEE SCHEDULE Recommendation: That the Council approve an amendment to the Comprehensive Fee (114- Schedule to establish a rate and fee structure for federal inspection services provided by 010 ) the United States Customs Service. In response to advice by City Attorney, Mayor stated he would abstain due to the Airport Master Plan aspect of this matter. 0199 Council Minutes 10-16-96, Page 4 5. COMPREHENSIVE FEE SCHEDULE (Continued) Assistant Director of Transportation, Aviation & Environmental Affairs, reviewed the Director's report, noting that the fees were worked through the Commission, and with both of the Fixed Base Operators. She also noted typographical error in the resolution, ' in that the Heavy airplane fee is $350 per arrival, as correctly noted in the staff report. Resolution 18915 as recommended, was presented; after which, it was moved by Hodges, seconded by Barnes, and unanimously carried, Kleindienst abstaining, that R18915 be adopted. ADDITIONAL LEGISLATIVE ITEMS: ALl. TAHQUITZ CREEK RESORT COURSE - WAIVER OF TOURNAMENT FEES Recommendation: That the Council waive tournament fees for P.S. Youth Center Tournament at the Tahquitz Creek Resort Course on October 26, 1996. (Materials to be provided at meeting). City Manager reviewed the details of the memorandum of the Director of Public Works. Councilmember Hodges stated that she thought the prior direction was not to waive fees (092- on weekends, and although she did not have a problem with the subject event, she 013) suggested that it not be approved in the future. Minute Order 5820 as recommended, was presented; after which, it was moved by Barnes, seconded by Spurgin, and unanimously carried, that MO5820 be adopted. ' CONSENT AGENDA: 6. MO 5821 approving Amendment 2 to the CVAG/City funding agreement for the Mid- (123- Valley Parkway obligating $12,203,990 for the construction phase of the Mid -Valley 020) Parkway, A3562. 7. MO 5822 approving Change Order No. 1 to increase contract with Manhole Adjusting (136- Contractors, Inc., by $91,811.65, for annual rubberized chip seal, CP95-22, a Measure 035) A funded project, A3698. 8. MO CONTINUED_ approving Change Order No. 1 to increase contract with G & M Construction by $6,812.96, for 1995-96 handicapped accessibility program, CP95-15, (129- A3679. Hodges abstained due to client relation with contractor. 002) 9. MO 5823 approving purchase of 20,000 additional copies of the Fa11/Winter P.S. Visitors (050- Guide at a cost of $6,300 to meet fulfillment needs of P.S. Tourism Division. 001) 10. MO 5824 approving Amendment 2 to A3620 for sewer main design services with (136- Mainiero, Smith & Associates Inc., not to exceed $12,000. 025 ) 11. Res 18916 approving Final Tract Map 28284 for property located at 1533 Chaparral (137- Road, Section 11. 103) 12, MO 5825 rescinding MO5199 and approving amendment "2 to A2055 with Southern (052- ' California Edison for reduced capacity payment to the Municipal Cogeneration Plant. 001) 13. MO 5826 approving agreement with Korve Engineering for nultimodal planning services (143- relaled to the land -side of the airport not to exceed $74,883, subject to final wording by 003) City Attorney, A3723. 14. MO CONTINUED approving a three year agreement with the Piranhas Swim Club to provide a quality swim program for the citizens of Palm Springs. A (115- 004) 0200 Council Minutes 10-16-96, Page 5 15. MO 5827 approving agreement with Edward J. Gee and Associates for consulting services related to the Palm Springs Regional Airport residential pilot sound insulation program, (051- subject to final wording by City Attorney, A3720. 100 ) 16. Res 18917 approving a five-year extension to complete condition #16 (P.D. 230) requiring (116- the granting of a permanent trail easement to the City for public, access and to comply 099) I with open space requirements, located at the Palm Springs Desert. Museum, 101 ]Museum Drive. 17. MO 5828 approving funding agreement with Mobile Source Air Pollution Reduction (143- Committee for $71,000 and consulting agreement with Neil Garcia Sinclair for $20,000 001) for the electric bicycle demonstration program, an AB2766 Grant, CP96-06, A3721, 3722. 18. MO 5829 awarding bid to furnish 1700 square yards of carpet at Airport to World Resources Corp. at $26.20 sq. yd., inclusive, not to exceed $44,534. (051- 089) 19. Res 18918 approving Payroll Warrants. (086) 0 It was moved by Oden, seconded by Hodges, and unanimously carried that M05821, 5824-5829, and R18916-18918,be adopted. Following clarification questions, and responses thereto by Director of Public Works, it was moved by Spurgin, seconded by Oden, and unanimously carried, that MO5822 and 5823 be adopted. Following questions, concerning Item 8, it was moved by Spurgin, seconded by Barnes, (129- and unanimously carried, Hodges abstaining, that this matter be continued to October 23, 002 ) in order to receive information as to reason for the change order, and if the work has been accomplished. Following questions, concerning Item 14, it was moved by Spurgin, seconded by Barnes, and unanimously carried, that this matter be continued to October 23, in order to receive (115- information as to the current performance by the Piranhas under its existing contract. 004) ADDED STARTERS: None REPORTS & REQUESTS: 20. DEPARTMENTAL REPORTS - Received & Ordered Filed a) Treasurers Quarterly Report, June 30, 1996 (121- 002) CITY COUNCIL reports or requests a) Councilmember Hodges asked for follow-up on an incident regarding pigeons at the Sun Center, which occurred in the past 30 days. PUBLIC reports or requests I Darrell Meeks, resident requested a report as to what hags occurred regarding tine annexation of Andreas Hills, since it was last requested in November, of 1995, by both himself and Councilmember Spurgin. STAFF reports or requests ADJOURNMENT There being no further business at 8:45 p.m., Mayor declared the meeting adjourned to October 23, 1996, at 7 p.m., preceded by Closed Session at 5:30 p.m. �� Ic T SUMICI-I City Clerk 1