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HomeMy WebLinkAbout1996 - MINUTES - 12/4/1996CITY OF PALM SPRINGS CITY COUNCIL MINUTES December 4, 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, December 4, 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 Hodges, Oden, and Mayor Kleindienst Absent: Councilmembers Barnes and Spur, -in The meeting was opened with the Salute to the Flag, led by Boy Scout Troop 262 and an invocation by Rev. Jeff Rollins, First Baptist Church REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on November 27, 1996. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY - No Business PRESENTATIONS: City/Chamber of Commerce Economic Development Award - Rose Narva, Givenchy Hotel & Spa Up With People Proclamation ' MAYOR PRO TEM: Election of Mayor pro tem for succeeding year. This matter was continued to 12/18/96. APPROVAL, OF MINUTES: It was moved by Oden, seconded by Hodges, and unanimously carried, Barnes and Spurgin absent, that the Minutes of November 6 and 20, 1996 be approved. COUNCIL COMMENTS/ANNOUNCEMENTS: None PUBLIC HEARINGS: STREET VACATION - ANDREAS ROAD Recommendation: That the Council approve vacation of a portion of Andreas Road, between Indian Canyon Drive and Calle Encilia, Section 14. Councilmember Hodges stated conflict of interest due to client interest. City Attorney recommended that the hearing be opened and continued to December 18, 1996, (145- and stated that the status of the prior agreement provided for the potential of vacating streets 001) for the Casino facility; that the matter is processed through the Planning Commission to determine if the traffic circulation pattern would be impacted; that. the City Council may determine not to vacate; that the Council retains jurisdiction; that discussion is still on -going regarding the Casino project; that the plans are being redefined; that the intent is to have consideration of the amendment to the DDA on the December 18 meeting; that there are additional matters concerning the items that are still under discussion; and he recommended continuing the hearing to December 18, 1996. Mayor declared the hearing open. Fred Ebeling, Palm Springs, lamented on the "past Palm Springs", and questioned how the vacation affects the City's income from property tax; that the City should not compete with Las Vegas; and that the Council should not construe this as a done deal. Council Minutes 12-4-96, Page 2 STREET VACATION - ANDREAS ROAD (Cont'd) Darrell Meeks, Palm Springs, questioned if there was a financial value on the road or if the land had been traded square foot by square foot; that if the vacation just a gifting of land, or I if the City will get equity for equity, he added that if the Casino is construed to be positive, the land should be swapped or; sold. Bette Turninello, stated that ordinarily when a street is abandoned, the property reverts back to the owners of the adjacent properties. Tom Davis, Tribal Planning Director, stated that ilre Tribe is anxious to have the matter come to conclusion; and expressed his uncertainty as to why the matter was being, continued; that there are a number of issues to be worked out; that a letter was received by the Tribal Council from Desert Water Agency requesting a continuance of the matter, but that all issues (145- between the Tribe and Desert Water Agency have been worked out' that the resolution for 001) Council consideration is to vacate the street, not vacate the utilities; that the Trust Land was given to the City for traffic use; that a vacation of the street should revert back to the adjacent property owners; and that Mr. Cioffi, architect, was also available for questions. Don Frank, questioned whether the properly that the Post Office is located on would become a Federal issue, and stated that the casino is large enough, that an expansion is not needed; that property value is down; that the downward spiral could be due to the gambling; and questioned why a tent was allowed to be erected in the City. City Attorney expressed appreciation to Mr. Davis for correcting the City Attorney's previous statements, and added that there should be a full Council to address this matter; that the property interest is an easement which was a right extended to the City to use the land for street and hiway purposes; that the adjacent property owners are Tribal members; that the , Post Office is on leased land; and that the Council should reserve commends until December 18, 1996. Mayor Kleindienst stated that a map is requested from the Director of Planning and Building regarding the previous closure of Andreas Road, when the Convention Center and the Desert Fashion Plaza were constructed. Council concurred with City Attorney suggestion and this hearing was continued to December 18, 1996. INTERAGENCY REPORTS: None PUBLIC COMMENTS: a) Comments regarding item 2: Darrell Meeks, expressed opposition to item 2 and advised the City to refrain from ( 1�7- entering into a partnership; and added that the Utility User Tax will need to be 00d ) brought back to the voters; that incoming revenue is down; and that City needs to cut approximately $900,000. b) Comments regarding items not on the agenda: John Duncan, Palm Springs, stated that the Chamber of Commerce and downtown ' businesses were to be commended for the tribute expressed to the Desert Squadron sailors and families; that a 3 day and 2 night stay including restaurants and entertainment is provided for the outstanding, sailor; and added that the program has been so successful that other Cities are the same type of program. Leslie Howard Gathers, Palm Sprint that the lights in the downtown area are a disappointment; that it is hopeful the City has '.some type of recourse; that there are two remaining weeks to purchase the Patna Springsopoly game; and requested the study concerning the vacation of Andreas Road. ()f�Sil Y Council Minutes 12-4-96, Page 3 PUBLIC COMMENTS (Cont'd) Myra Goldwater, stated that the recognition given to Rose Narva and the Givenchy is well deserved; that the Spa is recognized world-wide; that the lights in the ' downtown create a wonderland; and thanked the City Council and staff for efforts expended. Larry Reinhold, Diamond Bar, stated that SB836, concerning AQMD rideshare program had been revised to require rideshare programs for the category of 100-250 employees; that the City of Palm Springs has received $46,00J per year in the past; and that trip reduction includes alternative fuel vehicles. Dick Sorda, stated that the street work on Sunrise Way should not be left in the condition that it is in; and added the light display downtown is a result of hiring an out of town contractor. Jerry OOgburn, expressed his distraught at the comments concerning the downtown seasonal lighting; that the contractor is experiencing two problems, vandalism and the lack of power; and stated that the parks in the downtown area are underpowered; that City crews are working to bring electrical power info the parks; that the contractor does want to retain Palm Springs as a customer; that there have been people arrested due to the vandalism; that the contractor would have preferred to start in October; that the late start date has influenced the limited number of lights that have been placed; that the entrance to Palm Springs, and the arches are up to standard; that the palm tree wrapping is what the City ordered; and requested the City and the Council withhold judgement until the project is completed. Mayor ICleindienst stated that this contract was awarded in a short period of time; . that the City will only get what it has paid for; and hopes the comments of the City will be reserved until the entire project is completed, Fred Ebeling, questioned whether the City should vacate Andreas Road; that the rights of way were given to the City for traffic circulation and for the City to give the land back to the Indians constitutes aiding and abetting an illegal activity; and requested the Council consider the matter as a felony before acting. LEGISLATIVE ACTION: 2. ELECTRIC MUNICIPALIZATION - ENERGY PARTNER Recommendation: That the Council approve agreement with Portland General Electric for the City's Energy Partner, and authorize negotiations to finalize the agreement, A3749. Assistant City Manager reviewed the staff report in detail, and no fin, Cher report was given. Mayor ICleindienst staled that the report is a nutshell of the sub -committee's findings; that 147- PGE stood out among the proposals received; that the company has a proven record of 047- reducing electrical power costs and assisting in economic development to help in bringing in 04) international businesses; that the company will assist Palm Springs in achieving the same; that there has been a commitment of funds to the Chamber, school grants, and scholarships; that the Company has expressed the desire to become a part of the Community; that there was no hesitation of the sub -committee to recommend PGE; that the added strength and clout of PGE ' will allow the City to have a stronger voice in Sacramento; and requested the Council approve the item. Councilmember Oden stated that a lot of time and energy has been expended up to this point; and that gratitude is expressed to Mr. Lyons for his effort in working with the City. Councilmember Hodges concurred with Councilmember Oden. Minute Order 5864 approving agreement was presented, after which; it was moved by Oden, seconded by Hodges, and unanimously carried, Barnes & Spurgin absent, that MO5864 be adopted. Council Minutes 12-4-96, Page 4 VILLAGE FACTS PROGRAM & POLICY Recommendation: That the Council establish the Village Facts Program, and policy for its implementation. City Manager reviewed the staff report and no further report was given. (1291- Councilmember Hodges stated that there has been some concern addressing two plaques on 002: ) a single tree. Parks and Recreation Director stated that there will be very few trees with two plaques; and that toward the end of the program there may be some doubling up. Councilmember Odell stated that program fits the need to help enhance the downtown. City Attorney stated that the contract should be amended to reflect that the Council would retain budgetary controls, and he requested that the Council approve the policy suL•ject to City Attorney approval. Resolution 18936A as recommended was presented, after which; it was moved by Oden, seconded by Bodges and unanimously carried, Barnes and Spurgin absent, that RI8936A was adopted, subject to language approved by City Attorney. 4. PD 215 & TTM 26364 - WESTMARK COMMUNITIES, INC. Recommendation: That the Council approve revision to conditions of approval regarding the above, and second 12-month time extension to December 3, '19971 for 77 single-family residential lots. Director of Planning & Building reviewed staff report, and added that one condition had been revised to allow $77,000 to be placed in the housing; set aside fund; and stated that Planning (13 - Commission had approved the item including the revised condition. 079 ) Councilmember Hodges questioned the elimination of restrictions by granting density, and (1115- the amount of units affected; and stated that there is conceim when a developer is giving the OII3) City $77,000 in lieu of providing 16 units that house low and moderate income; and questioned if the housing stock would be affected. Planning Director stated that the number of units is 16; that the difference between the sales price with low and moderate restrictions and market sales price is insignificant; that logically one would choose the purchase with no restrictions for resale value; that presently the market indicates that the 16 units with restriction will not be sold; that a clear example is Sandstone Villas; that if there was a big disparity between the market price and the restricted price, the sales would be in favor of the restricted price; that essentially the City is receiving $4,812 per restricted; and that in this particular case the project is not conducive to the low -moderate income sales price. Director of Economic Development stated that the housing restriction issue has been discussed at length between the developer and staff; that there were additional project improvements due to the location; that the focus is to have more residential units near shopping centers; that the market rate for this type of housing in Palm Springs is balancing at the same rate as the upper end of low -moderate income levels; that the families that qualify usually prefer to buy the housing with no resale restrictions; than currently there are homes that the families can qualify for; that the same type of situation occurred with Sandstone Villas; that it was on those basis that staff addressed alternative methods to contribute to the low -moderate housing; and that currently the City is not in a deficiency regarding housing stock. Councilmember Hodges stated that the project is of value to the. City, but that the concern remaining is the density bonus; that the reason for the project was to increase the low - moderate housing stock; that it is understandable that conditions have changed, but that the City Council needs to address the density bonus issue and that the entire process should be reviewed. ()R':u3CA Council Minutes 12-4-96, Page 5 4. PD215 & TTM26364 - WESTMARK COMMUNITIES (Cont'd) Director of Planning & Building stated that the density is compounded by regulations imposed by the State; that the market rate for this type or housing is the same as for regulated low and moderate housing. Mayor Kleindienst stated that the biggest purchase of a family is a home; that it is understandable that if one could purchase a house without selling restrictions for the same price for a like home with restriction, the choice would be no restrictions; that the decision before the Council is what the City wants to achieve, i.e., empowering 77 families, or to approve the low -moderate housing and limit families. In answer to questions by Council, Director of Planning & Building stated that the price was determined through negotiations; that the project is not rich in profit, and therefore could become infeasible due to costs. Mayor Kleindienst stated that there is a delicate balance in residential housing; that landscaping does become an issue; and that the developer plans to have a maintenance district in place. In answer to questions by Council, City Attorney stated that Proposition 218 includes maintenance districts; that the City will have to comply with those regulations, but that the Proposition does not affect CC&Rs. Resolutions 18937 and 18938 as revised in Conditions of Approval, were presented, after which it was moved by Hodges, seconded by Oden and unanimously carried, Barnes and Spurgin absent, that R18937 and 18938 be adopted. ' S. ELECTRIC BICYCLE & SOLAR PANEL Recommendation: That the Council authorize purchase contracts with five electric bicycle manufacturers/dealers (specifics to be provided at meeting); and purchase installation contract for solar charging panels with Sun Utility Network, Inc., for $21,000, for an electric bicycle (084- demonstration program, CP96-06. 013 ) Grants Administrator reviewed the staff report and added that the City is concentrating on seeking out grants; that other Cities have used their own funds to purchase the bicycles; and that the staff is looking at use of the bicycles by city departments to supplement the use of automobiles within the Fleet Division. Resolution 18939 as recommended was presented, after which; it was moved by Bodges, seconded by Oden, and unanimously carried, Barnes and Spurgin absent, that R18939 be adopted. 6. ADDITIONAL LEGISLATIVE ITEMS: A6. CDBG PROCESS Discussion and direction, if any, concerning CDBG process and priorities for 1997-98. City Manager requested this matter be continued to December 18, 1996, so ordered. ' CONSENT AGENDA: 7. MO 5865 approving agreement with McGee Surveying & Civil Engineering for $7,000 for a topographic base map and precise grading plan for 3 downtown parking lots, consistent (108- with Phase I of the Downtown Parking Management Plan, A3750. 004 ) 8. MO 5866 rejecting, bids for purchase of radios and associated equipment. (084- 013) 9. MO 5867 authorizing the Police Chief to enter into an agreement with the U.S. Department of Justice Drug Enforcement Administration for continued participation by the City in the (113- Drug Enforcement Administration Task Force, and to extend the agreement on a yearly basis 005 ) for five years. A3751. Council Minutes 12-4-96, Page 6 CONSENT AGENDA (Cont'd) 10. MO 5868 approving Change Order No. 1 to increase contract vuith Granite Construction (123- Company for the Mid -Valley Parkway by $6,108.80, CP94-19, A3670. 020 ) 11. MO 5869 awarding contract to lacobsson Engineering Construction, Inc., for $55,285, for ( 136- ' installation of a 12-inch storm. drain system on Farrell Drive, north of Mesquite Avenue, 025 ) CP96-08, A3752. 12. MO ---- awarding contract to lames T. Dunphy Co., for $89,256 (Schedule A + alternates) (085- 013 ) for remodeling and re -roofing Boys & Girls Club main building at 450 S. Sunrise, CP95-32, A_. (Hodges abstain, failed due to the lack 3 affirmative votes.) 13. Res 18940 approving pre-tax payroll deduction plan for service credit purchases by qualified (110- member-employees of the California Public Employees Retirement System. 009) 14. MO (3) 5870, 5871 and 5872 approving Amendment No. 2 to agro::ments for towing services (14 3- to extend the term of each agreement for 4 months, and provide an amendment contract. fee 004) for said tern; and authorize issuance of new RFQ and Statements of Interest for a new contract. (Mohica, A3304; Dave's #3305; and Brothers #3307). Councihnetuber Oden questioned if the recommendation for item 14 was made due to time limitations for the RFP process. Purchasing Manager stated that originally the contracts were to be renewed; that there were five contractors; that now there are only three; and that there are some land use issues that need to be resolved. 15. MO 5873 awarding purchase to Allstar Fire Equipment Inc. for supply of 3 % AF F foam for (087- , the Fire Department at unit price of $13.005 per gallon, total purchase not to exceed $20,000 001) over next twelve months. 16. MO 5874 awarding maintenance of instrumentation and controls at the Wastewater Treatmcnt (127- Plant to Sparling Instrument Company, for two -years at $945 per month (not to exceed 001) $11,340 for fist two years) plus 3 one-year renewal options with CPI adjustment to base unit rate, by purchase order. 17. Res 18941 approving Claims & Demands. (086- 015) 18. Res 18942 making findings regarding use of tax increment funds to effectuate purposes of (124- the Redevelopment Plan; Res 18943 approving Loan Agreement, between the Agency and 108) City; and Res ----- amending the budget to appropriate loan funds. (Linsu, see CRA item (124- above this date). Hodges abstain. Budget amendment to be continued to December 18, 1996. 037), It was moved by Oden, seconded by Hodges that Resolution 1.8939 through 18943 and Minute Orders 5865 through 5875 be adopted, Barnes and Spurgin absent, note abstentions on Items 12 and 18, and Item 12 failed due to the lark of three affirmative vote as required by Charter for contacts in excess of $50,000. ADDED STARTERS: None REPORTS & REQUESTS: 19. DEPARTMENTAL REPORTS - Received & Ordered Filed a) Treasurer's Quarterly Report - 9-30-96 CITY COUNCIL reports or requests a) Councilmember Hodgcs announced the CVAG meeting of December 17, 1996 will need an alternate, due to her absence. b) Councilmember Oden stated he would not be available to attend the Workshop of December 10, 1996. yrt ?tirrt'3- Council Minutes 12-4-96, Page 7 PUBLIC reports or requests a) Chris Maxwell, Mesquite, stated that his car had recently sustained damage due to ' the street resurfacing on Ramon Road; that attempts to resolve the issue with the City or Manhole Adjusting Contractor have been unsuccessfid; and he requested that the City Council intervene in solving the problem. STAFF reports or requests - None ADJOURNMENT: There being no further business at 10:15 p.m., Mayor declared the meeting adjourned. JUDITH SUMICH Eit lerk y: PATRICIA A. SANDERS Assistant City Clerk