HomeMy WebLinkAbout1996 - MINUTES - 10/23/19960202
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
OCTOBER 23, 1996
An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California, was
called to order by Mayor Kleindienst, in the Large Conference Room, 3200 Taliquibi Canyon
Way, on Wednesday, October 23, 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 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, and a Moment of ;Silence
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on October 18, 1996.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 3 of agenda this date.
PUBLIC COMMENTS:
a) Comments on matters not related to an agenda item:
Dana Kay, owner of Covers for Lovers, requested die Council's assistance in
securing City approval for temporary relocation of her business to a cotmnercial
site on Racquet Club Road, east of Palm Canyon, noting that there is
considerable paperwork, so as to delay commencing the work as much as six
months. City Manager stated he would be in contact with Ms. Kay, and the
matter reported back to the Council. '
Site Cote, resident, stated that she met with the ADA Coordinator on September
30 to discuss the problems of the disabled community relating to the Sunline bus
service, and was told he would ride the bus himself to '.see if he could determine
why the subject continues to arise; and that she has received no response, and
considered it difficult that he is supposed to serve the disabled community, and
does not understand its needs, even though he, too, is disabled.
Annette Berry, resident, requested approval for a table at VillageFest for
"ASCOT" at C.O.D. to raise funds for the group. She added site would like to
see a department store replace K-Mart at the P.S. Mall.
Fred Ebeling, resident, commented that people should get more involved in local
government; and that he felt (lie Council should be more: friendly, and to provide
direct answers to questions raised at the time the question is raised.
b) Comments concerning Item 1:
Linda Cooper Lee, resident, stated that handicap seating was provided under the
contract, and she considered the change order a duplication; that she considered (129-
the bookkeeping lacking; and called for an audit and investigation of tine ADA 002)
Coordinator; and that she expressed concerns to him, and has not received any
response.
(115-
004) '
c) Comments concerning Item 2 and 3: 004)
Dick Sroda, resident, expressed concern that the staff reports were not responsive
to questions raised by the Council, nor did he consider that they reflected (115-
sufficient information. He questioned if the work was already accomplished, how 004 )
it was approved, since it exceeded authorization limits I-Ie questioned why the (147-
Piranha rent was increased, and why it was for three years; and he commented 004 )
that the report on the municipal utilities does not contain information concerning
how much the contract was originally, information about the utility problems,
Council Minutes
10-23-96, Page 2
020 a
c) Comments concerning Item 2 and 3 (Continued)
i.e., municipal, are facing; and that concerning Item 7, he considered it hard to
believe that the Mayor was not aware of his conflict.
Darrell Meeks, homeowner, urged the Council disapprove Item 3. He stated he
was denied attendance at a meeting held with the City Manager, Mayor and
Councilmember Oden on the prior Thursday, although, there was not any legal
reason to not permit him to attend; that there was no information as to the
conclusions of that meeting; and that if the Council received information
concerning that meeting, he questioned how it received the information.
ADDED STARTERS: (These matters were taken out of order)
AS1. HIGH SPEED TRAIN
Recommendation: That the Council support an Inland Empire routing of a high-speed
train between Los Angeles and San Diego.
City Manager reported that the need for action arose subsequent to the posting of the (143-
agenda; after which, it was moved by Hodges, seconded by Barnes, and unanimously 001)
carried, that this matter be determined eligible for consideration, and added to the agenda.
City Manager stated that the action indicates a willingness to participate in this, even
though it may not appear to directly affect Palm Springs, and may result in gaining
other's support of the City's rail interests.
In answer to questions by Council, Mayor described the review dates, and locations in the
State, and the proposed route, a well as "spurs" east and westbound; that the train will
be elevated, and utilize existing rights -of -way for rail or the interstate system, and will
avoid coastal locations due to environmental issues and concerns.
Resolution 18919, as recommended, was presented; after which, it was moved by Hodges,
seconded by Barnes, and unatmously carried, that R18919 be adopted.
AS2. 1996 ROAD RACE
Recommendation: That the Council approve a two-way, four -lane Ramon Road detour
configuration, indemnify Cathedral City, and hold it harmless from any and all claims
arising as a direct or indirect result of the 1996 road race, except for its sole negligence (050-
or willful misconduct or active negligence of it, its officers, agents or employees; and 025 )
agreed to reimburse Cathedral City $36,564 for the Palm Springs share of relocation of
the Sungate/Ramon Road signal to San Luis Rey/Ramon Road intersection, incurred by
Cathedral City and not reimbursed under A.D. 155; and agree that Cathedral City is not
expected to incur any costs as a result of the race; and amend the budget to appropriate
the reimbursement from Gas Tax funds. Said recommendation to be subject to Cathedral
City City Council approval of the two-way, four -lane Ramon Road detour configuration.
City Manager reported that the need for action arose subsequent to the posting of the
agenda; after which, it was moved by Oden, seconded by Hodges, and unanimously
carried, that this matter be determined eligible for consideration, and added to the agenda.
City Manager reported that Councilmember Barnes and the Mayor have been talking with
the Cathedral City Mayor and one of its Councilmembers, as well as technical staff, in
an effort to deal with issues felt to be resolvable. He detailed the recommendation, noting
that in terms of the signal, the City had originally believed the cost of the signal would
be reimbursed to Cathedral City when the property was developed, and the allocation of
Gas Tax funds is appropriate for that purpose, and the City will recover it when the
properly is developed; that mutual aid for emergency situations was of concern, and it
will be assured to be in place should that need occur; that the left. -turn movement will be
accommodated; that the promoter will continue to contact businesses and to look at means
to mitigate their concerns. He stated that he
020
Council Minutes
10-23-96, Page 3
AS2. 1996 ROAD RACE (Continued)
believed Cathedral City is satisfied, and if the Resolution is adopted by the Council, he
and the Mayor will leave this meeting and present the Council's resolution to the
Cathedral City which also was in session, and in which it will adopt similar action. He
referred to a display board illustrating the proposed 4-lane route. He added that
notwithstanding on Section 20 is an industrial site, on which there have been leases,
environmental assessments, roads constructed, infrastructure developed, and heavy
grading. the BIA suddenly decided to submit a letter on October 22, suggesting that there
should be a NEQA environmental assessment, which he considered an outrageous and
totally unacceptable action by a Federal agency.
Councilmember Barnes stated that it was important to recognize that the staff has
addressed concerns raised by the Council, as well as more since the last approval, i.e.,
the computer controlled left -turning movement; the 12-ft lanes, with a 4-ft buffer on the
north side; no widening or squeezing of the traffic flow at the bridge; and the
accommodation of two 2-way lanes of traffic.
Councilmember Oden stated he was pleased that the "olive branch" was extended, and
that the results will benefit both communnities, and are acceptable to both communities.
Mayor stated that both Councils have attempted to bridge the gap through telephone and
other communication, and thus have reached a better solution.
Resolution 18920 and Resolution 18921, as reconuuelided, were presented; after which,
it was moved by Barnes, seconded by Oden, and unanimously carried, that R18920 and
18921 be adopted.
LEGISLATIVE ACTION:
1. HANDICAPPED ACCESSIBILITY - CONSTRUCTION CHANGE ORDER '
On October 16, Council continued consideration of approving Change Order No. I to
increase contract with G & M Construction by $6,812.96, for 1995-96 handicapped
accessibility program, CP95-15, A3679.
Councilmember Hodges stated she would abstain clue to a client relationship.
City Manager stated that question was raised at the last meeting whether the work had
already been completed, and that it was completed.
In answer to question by Council, Director of Public Works stated that the $4,528 item (129-
related to the Wastewater Treatment Plant "down and under drain" and the remainder of 002 )
the amount to CIP related work; that the $4,528 was within the limit of a purchase order;
that staff already had good, competitive prices, and determined 'ito expedite the work and
to use the unit price for the added work; that the handicap access work was completed in
September; that there was a timing issue, as well as an emergency situation involving a
trip and fall, in which the Risk Manager concurred that action should be taken quickly;
and that lie authorized the expenditure, aggregating in excess of $5,000.
Councilmember Spurgin stated that staff should not be given die ability to just keep
everything under $5,000, and not come back to die Council.
City Manager stated that decision was made as lire work was in progress, and it is Dot '
unusual to have change orders, although, they are discouraged; and it was felt this matter
should have been brought to the Council.
Councilmember Barnes stated that generally a change order is for work related to the
main contract.
City Manager stated that it is not a good practice, and one which is not to be encouraged,
and that the Council's concern is clear that it not occur; and that he recommended
approval of the change order.
0205
Council Minutes
10-23-96, Page 4
HANDICAPPED ACCESSIBILITY - CONSTRUCTION CHANGE ORDER (Continued)
Minute Order 5830, as recommended, was presented; after which, it was moved by
Barnes, seconded by Oden, and carried by the following vote, that MO5830 be adopted:
AYES:
NO:
Barnes, Oden & Kleindienst
Spurgin
ABSENT:
None
ABSTAIN:
Hodges
SWIM CENTER - PIRANHAS
On October 16, Council continued consideration of: MO approving a three year
agreement with the Piranhas Swim Club to provide a quality swim program for the
citizens of Palm Springs. A.
City Manager reported that the question was raised whether the group is current with its
lease payments, and the answer is yes.
Director of Public Works stated that the prior contract was also for 3 years, with an (115-
ending rent of $1,200 per month, which is the same amount in the proposed agreement. 004)
Comicilmember Spmgin stated that site did not feel her questions or concerns were
answered, i.e., whether the group can afford to pay the rent. She stated that she
telephoned the group, and found drat they have 100 children in the program, and they pay
$45/month; that if the Tribal Council had not given them $10,000, they would not have
been current on their payments with the City; and she questioned if the Council was
putting them in a situation that it is not going to be able to handle.
' Director of Parks, Recreation & Golf Course stated that the rental rate was not brought
up, nor was there a request to reduce it; that the contract was presented to the Board
earlier in the year, and it did not approve it until its new Board was seated, and then
waited until after Summer to sign the agreement, and there was no mention of the rent
at either of those times. He also stated that the reduced weekly rate only applies in those
instances when the City closes the pool; and that scheduling is not exclusive, rather a
portion of the pool is reserved for its use, which was also a part of the prior agreement.
Councilmember Spurgin stated ilrat the coaching budget is $53,000, yet the group has not
approved a budget; and that she would like this matter continued until staff call again meet
with the group and talk about these issues; and that the income should not be included in
the City's budget, when it is not certain that it will receive it.
Following discussion, this matter to be rescheduled; Council subcommittee of Spurgin and
Kleindienst to meet with Parks & Recreation Director and the Pirarrlia Board, to discuss
concerns regarding financial performance.
CONTRACT AMENDMENT - DUNCAN & ALLEN
On October 16, Council continued consideration of recommendation that the Council
approve Amendment #4 to agreement with Duncan & Allen, to include continued (147-
monitoring of the City's request for rehearing, assistance in the selection of a final electric 004 )
power partner, and continued monitoring and assistance regarding the developments of
the PUC, for an additional $18,000; total revised contract amount not to exceed
$322,000, A3577.
City Manager reported that this matter originally came before the Council in Study
Session, when he was in Washington, and he had questions, i.e., the original purpose of
this entire process was to reduce the electric rates of the citizens of Palm Springs; that lie
did not see how this process was doing that; that he was somewhat led to believe there
was a focus on an industrial aspect that did not seem to lend itself to reduction of rates
of electricity for the citizens of Palm Springs; that he also was not clear on why Mr.
Lyons was going to be continuing to work on this project, if indeed, with the action of
die State, where deregulation was ultimately going to occur, and all of the things being
0206
Council Minutes
10-23-96, Page 5
3. CONTRACT AMENDMENT - DUNCAN & ALLEN (Continued)
worked oil were actually going to happen. That as a result of the subcommittee meeting,
these concerns were clarified; that the City is in the process of an RFP to select a power
firm that will act as the City's partner in the process of becoming an aggregator - a
process by which the City lacks familiarity; that the finalist are a part of the group, in
essence, paying for the total cost of the entire process that is unfolding; that concerning
whether Mr. Lyons really needs to receive a flat retainer for the remaining three months,
or whether it would make more sense to have him paid on an hourly basis, Mr. Lyons,
explained to him the kinds of things that he has been doing within the retainer framework,
including a recent Wall Street Journal article in which lie had some involvement in its
development; that he concluded if the hourly fee were paid, the City could actually spend
more than under a retainer relationship for the three remaining months. He recommended
approval of the Duncan & Allen amendment.
Assistant City Manager stated that the amendment provides $6,000 per mouth, for three months, ending December 31, 1996, which covers Mr. Lyons, Duncan & Allen for (147
004)
engineering services, and associated costs; that the two finalists in the RFP process each
contributed $150,000 to the program; that the RFP will provide what they would do for
the City if they were selected as the final power partner, e.g., how they will do the
aggregation program, what kind of economic development assistance they can provide,
and help with some of the legal understandings the new State deregulation action -
AB1890; that the number one goal still is to reduce energy prices to residents, commercial
and industrial customers in the City; that there should be an RFP review and selection
committee, including the Mayor and one member of the Council, the City Attorney, a
member from each Duncan & Allen and R.W. Beck Engineer, the Procurement .Manager,
and the Assistant City Manager; and that the RFPs are due November 1.
Councilmember Hodges stated that she was not at the Study Session at which Mr. Lyons
presented his report; that she did not attend the subcommittee meeting, nor was she given '
any information other than what she received at this meeting. She questioned what the
power partner is going to do after it is selected, since the City :bas been precluded from
using Edison's lilies, because of the FERC.
Assistant City Manager reported that under the new deregulation law, power aggregation
is permitted to be provided by a municipality, or a marketeer - someone in the business
of providing that kind of service for the purpose of banning together the citizens,
commercial and so on customers - and giving the choice of either staying with the
existing investor -owned utility, or going with the aggregator; that, hopefully, the
aggregator is not going to put a package together unless it can compete very favorably
with the investor -owned utility; that in some estimates we used at the study session, it
looked possible that as an aggregator, energy could be provided somewhere between 8
cents and 9 cents per kilowatt hour, compared to 12 cents and 14 cents charged by
Edison; that specifics will not be known until more clarity is obtained front the State, and
until the responses are back on the RFP. He added that under the new law, two new
State agencies will be established - one is the Independent Service Operator, and the
other a Power Exchange; that "Power Exchange" is pooling the energy and obtaining
prices; that the Independent Systems Operator will oversee the distribution and
transmission systems in California, so no one can be denied service, transmission, or
distribution; that all of the facets are being worked out by committees at the State level.
Councilmember Oden stated that it is important for the City to link itself with a provider
that has the technological skills to look at the direct access opportunity for local areas,
and the problems or challenges to be faced, when those opportunities become available ,
as of January 1, 1998; that others may be denied that access based upon technical
barriers, but Palm Springs will have linked itself with a well-known provider, so when
it comes time to divide the 800 megawatts among new providers, it will stand a very good
chance of getting in when the door opens, otherwise the opportunity will be gone; that the
City has gone this far, and it is important that the people who played a part in this should
continue, at least until that partner selection has been selected.
0207
Council Minutes
10-23-96, Page 6
CONTRACT AMENDMENT - DUNCAN & ALLEN (Continued)
In answer to question by Council, Assistant City Manager stated that the possibility of
looking at another electrical firm, legal firm that is a specialist in electrical law, was
considered to be looked at in December.
' Mayor after the selection committee makes its recommendation as to the final provider,
whichever one is selected must pay the $150,000 invested by the one who did not get it;
and he was certain that firm would be going to bat quite extensively to snake sure that its
$300,000 investment is to its benefit; thus finding out which engineers, attorneys, or (147--
lobbyist to use, and what actions are to be taken; that this is last leg of the race by 004)
selecting one of the two providers and getting to that point January 1, 1997; that the
provider will then go forward to make sure the City gets the best deal, because it is in
their best interest to do so; that a lot of the questions can be addressed in the selection
process; and to have come this far and not have the final months for closure, without the
support of the team tuts far, would be a little bit scary for him, and lie wants them on
board at least through the selection process.
Councilmember Barnes stated that there is a lot to be said about keeping all avenues open,
i.e., going on with what is being done, pursuing the rehearing at FERC, and also
recognizing that somebody will be needed to help work through the process that the
Legislature is developing, otherwise, all of what the City has done will be for not.
Councilmember Spurgin noted that there is about $87,403 remaining in the special fund,
and she questioned who decides what to do with the balance, or if the remaining 1 % from
the TOT is to be reimbursed.
Mayor suggested dealing with that issue when the time comes.
Assistant City Manager stated that the staff repot indicates that $18,000 may not be
enough, because it does not include die cost of legal services to develop the contract with
the power partner to be selected.
Councilmember I-Iodges noted that regardless of the firm, there will be attorney costs for
doing the contract.
Minute Order 5831 as recommended, was presented; after which, it was moved by
Barnes, seconded by Oden, and unanimously carried, that MO5831 be adopted.
4. WALK OF STARS
On October 16, Council continued consideration of recommendation that the Council
establish the criteria under which the Walk of Stars Program shall function.
City Attorney stated that since the last meeting, he talked with the Director of Parks, (129-
Recreation & Golf Course, concerning issues which had been addressed; that the .8 co- 129 )
efficient is acceptable to reduce slipping and falling; that there remain to be clarified
issues regarding ultimate ownership of the stars; donor's rights; long-term maintenance;
that the last discussion addressed insurance; that he felt the discussions have led to
developing a solution, in the form of an agreement, to deal with the various subjects; that
lie anticipated the agreement would be ready for submittal in mid -November; and that the
Walk of Stars would like to place two additional stars within the right-of-way, which he
felt would not significantly worsen the situation before the agreement is finalized. He
' noted that the $25 is included in the donation for the cost of maintenance, however, in the
long-term that would probably not be enough.
It was the consensus of the Council to allow the two additional stars to be placed; and that
the City Attorney proceed with development of an agreement, to be presented for Council
action in mid -November.
0208
Council Minutes
10-23-96, Page 7
5. CITY HALL RENOVATION
Consideration of four budget amendment options to fund renovation costs above the
projected fund-raising effort; options range from $119,477 to $218,437.
City Manager stated that since the staff report was delivered at the meeting, he '
recommended Chat this matter be scheduled for Study Session. He stated that the project
started as a fix to the worn carpeting; that fund-raising effort was spearluaded by
Councilmember Spurgin; that because the building was designed by Albert Prey, AIA,
the best possible representation of his work was desired, and items were added to the
initial put -pose of the renovation; that there also have been a series of necessary items 117-
which have been deferred over the past six years; and that since the project would 041)
displace staff in varying segments, it was felt that the total project should be done
correctly.
Councilmember Spurgin stated that since this is the first receipt of the report, she was
more comfortable having it discussed at a study session, preferably with few items on the
agenda.
In answer to questions by Council, City Manager stated that there is an itemization of
work, the estimates for which can be more closely defined before the study session, and
provided to the Council. He added that the carpet has been ordered, and there are funds
for its purchase.
This item to be scheduled for November 13, 1996 study session.
6. DOWNTOWN SEASON LIGHT PROGRAM
Consideration of purchasing holiday season lights.
Downtown Development Center Director distributed a proposed lighting program and cost ,
estimate for a 5-year period, averaging $21,000 per year, and displayed photographs
demonstrating the type of decorations to be installed under a lease basis, and stated that (136-
of the existing, city -owned decorations, there remain 2 "skylines" and 50 snowflakes, 019 )
which have a potential remaining 2-year life on the skylines and 3 on the snowflakes; that
no funds have been budgeted for replacement decorations for 5-6 years; that the proposal
is a "star" theme, to replace the snowflakes, with lighted trees, and to "push" the
decorations as far north as possible - perhaps begirming at Tramway Road; that merchants
will be asked to outline their buildings and to do the banners; and that Main Street has
voted the season lighting as a priority.
Councihnembers expressed pleasure at the new concept, i.e., the: lease arrangement; and
questioned how soon a recommendation for funding could cone; forward.
Purchasing Manager indicated that bids could be solicited, and possibly an award
considered at the November 6 meeting. City Manager to recommend source of funding.
(NOTE: City Manager was excused from the meeting during Item 6; Mayor excused at [his point
to join City Manager in malting presentation to Cathedral City City Council.)
0209
Council Minutes
10-23-96, Page 8
C.U.P. 5.0708 (IBARRA & LYONS) - LAS PALMAS APPEAL
Consideration of petition by Ibarra & Lyons for rehearing on appeal by Las Palmas
Retirement Villas from Pluming Commission decision concerning a conditional use permit
to Camille Ibarra & Ray Lyons to allow a full -service liquor bar/nightclub at 1117 N.
Palm Canyon Drive, C1 zone, Section 10.
City Attorney reported that the appeal was heard by the Council, and resulted in a
reversal of the Planning Commission decision; that the applicant has sought a rehearing,
and there has been a situation which causes the staff to recommend that the Council grant
the rehearing; and that the only issue at this point is whether to grant a reheating, at (078-
which the merits of the case would be heard. He stated that issue of conflict of interest 058)
of the Mayor was raised in the petition for rehearing; that upon learning that, the Mayor
advised him that he discovered the Escrow Connection is involved with the escrow
involving the transfer, and that he was not aware of that fact at the time of the hearing;
that the Mayor routinely reviews agenda matters with his spouse (owner of the Escrow
Connection), however, site was out of town when the hearing was on the agenda, and Ire
was unable to do so. He noted that the Mayor, however, voted contrary to the interest of
the person paying the escrow, but the vote was made and is grounds to void the decision,
or make it subject to challenge because of that. He recommended starting over with a
new de novo bearing, and recommended it be set for November 20, 1996.
It was moved by Oden, seconded by Hodges, and unanimously carried, Kleindienst
absent, that the petition for rehearing be granted, and that November 20,1 996, be set for
date to rehear the appeal.
ADDITIONAL LEGISLATIVE ITEMS: - None
REPORTS LPL REQUESTS:
' CITY COUNCIL reports or requests
a) Councilmember Barnes requested that the Village Pacts Program be brought back
to the agenda, since it was to have been set for study.
b) Councilmember Bodges requested that staff look at reducing the over -spraying
and water runoff on Tahquitz Canyon Way median island.
c) Councilmember Spurgm requested that the palm tree trimming subject be placed
on a regular agenda.
d) Councilmember Oden stated that he attended a community meeting at Desert
Highland regarding recent incident at P.S. High School, and there may be issues
remaining which the Council should discuss, along with revisiting the joint
meetings with the School Board. He also commented that local historic sites
being restored are actually creating "museums" and benefits to the community.
PUBLIC reports or requests
a) Darrell Meeks, homeowner, questioned what the "public requests" means and
stated that he has requested a report on the status of annexation of Andreas Hills,
and has not received a response.
Assistant City Manager noted that the staff's direction is to report matters to the
Council.
Councilmember Spurgin requested that information be provided as to what is
happening with Parc Andreas annexation, noting she made the initial request two
years prior.
0210
Council Minutes
10-23-96, Page 9
STAFF reports or requests - None
ADJOURNMENT
There being no further business at 9:30 p.m., Mayor declared the meeting adjourned to
October 25, for Closed Session to be held pursuant to Government Code Sec. 54957.6, '
with Rob Parkins, the City's labor negotiator, regarding labor negotiations with the City's
Police Safety Unit; thereafter to be further adjourned to October 30, 1996, for Tribal
Council Joint hearing/adjourned meeting, 7 p.m., Council Chamber, preceded by Closed
Session at 5:30 p.m. Further adjournment to Closed Sessions November 1, and 4, tide
to be announced, for labor negotiations as stated.
C JUDITJSUMICH
City Clerk
1