Loading...
HomeMy WebLinkAbout1997 - MINUTES - 9/17/1997 CITY OF PALM SPRINGS CITY COUNCIL MINUTES September 17, 1997 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor pro tem Hodges, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, September 17, 1997, 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, Oden, Spurgin and Mayor pro tem Hodges Absent: Mayor Kleindienst The Meeting was opened with a Salute to the Flag by Troop 199, and invocation by Reverend Jerry Johnson, Lily of the Valley, Church of God in Christ. PRESENTATIONS: American Police Hall of Fame Service Award to Police Chief REPORT POSTING OF AGENDA: Assistant City Clerk reported that the agenda was posted in accordance with Council procedures on September 12, 1997. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items page 4 of agenda this date. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AUTHORITY: No business COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: a) Mayor and Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. ' b) Mayor and Councilmembers also reported on status of activities and actions taken by other intergovernmental agencies on which they serve as liaison, or appointees representing the City. PUBLIC HEARINGS: None PUBLIC COMMENTS: a) Comments on item 1: Suzanne Hill, IS10 Desert Park, representing GAIN, spoke in support of item 1 and added that GAIN is one of the most successful welfare to work programs in the (085- State; that the office is located in Rancho Mirage; that the one stop shop concept 013) should be approved; that the program will provide support for future employees and for employers; that it will offer screening services, job retention services, and urged members to vote in support. Tom Suitt, representing the one stop shop, stated that over the past few years, an exodus of County and State offices has occurred in the City; that the resources have relocated to Indio; that the one stop program is an employer and employee program; that a variety of programs will be available; that there will be representatives from COD, SCORE, and the Small Business Association; that the County of Riverside has allocated $55,000; and that overall the City has lost approximately 55,000 square feet of office space due to the relocation of the Courts, Mental Health and related support services. Council Minutes 9-17-97, Page 2 PUBLIC COMMENTS (Cont'd) Darrell Meeks, questioned the process of consideration of the item without a public hearing; and added that everyone should have the opportunity to apply for the reprogrammed funds; that the first application was not filled out properly; that the organization did not have a non-profit status; that had the Council been aware of the surplus funds, additional moneys could be granted to the Senior Center or some other choice; and stated that regarding item 3, he had spent 35 minutes on the , Internet and obtained a listing of other Cities that had done business with the proposed firm; that after contacting another City, he; would suggest the City investigate condemnation deposits; that there may be funds just sitting in deposit; and that these are the same types of funds the firm would locate for a finders fee. Les Gathers, 1450 Granvia Valmonte, stated that support should be given to item 1 and 2; that he had reviewed the staff reports; and that Ms. Tracer should be applauded for her ideas to upgrade the entrance of the City. b) Comments on item 2: Steve Grasha, 2142 Southridge, stated that there was no bid process to select the (051- proposed management company; that he, personally, found it offensive that the 095) City would consider the award of this large of a bid to an out of town contractor; that the construction manager will coordinate the project for $1.7 mi'.lion; that, in his opinion, the Transportation Director is adverse to local contractors; and that he recommended denial of the item. Dave Seastrum, representing Turner Construction, stated that he would be available for any questions during discussion of the item; that Turner Construction has been located in Southern California for 33 years; that the company has done business in the Coachella Valley for 9 years; that Turner did participate in Phase I at the airport as the General Contractor; that Turner does have experience in the ' extension and expansion of existing airports, such as LAX; that as construction manager, Turner will obtain the best price available for each portion of work; that the construction manager approach will maximize local contractor participation, by matching smaller contractors together for various jobs; .and that it has been found that a significant saving will be realized using the recommended approach. Doug Wall, stated that his company was the successful bidder on the Cathedral City Bell Tower; that he has worked with a construction manager on that project; that Turner Construction is the manager; that Turner has assisted the local contractor in combining forces with other small companies to be able 'to obtain bonds; and recommended approval. Bill McLaughlin, 247 Circle, stated that he did purchase his home 6 years ago when he began work on Phase I of the expansion of the Airport; that since that time all of his work for Turner Construction has been local; that the current project of the Cathedral City Civic Center that Turner Construction does support keeping construction efforts in the Coachella Valley; that there have been many sub contracts given to local businesses; that Turner does maintain a goon working relationship with City staff; and that Turner does a good job. Carolyn Curchi, Indio, stated that Turner Construction did help her business link with another business to bid on a project; that the link of the businesses did allow the ability to obtain the bonds that were needed and requested Council support of ' the item. c) Comments on item 3: Dick Sroda, Palm Springs, stated that the City should review this item in detail; that someone on staff should be able to investigate and locate the funds; and that in his opinion, the item .is a sham. Council Minutes 9-17-97, Page 3 PUBLIC COMMENTS (Cont'd) d) Comments on matters not on the agenda: Selena Tracer, complimented the appearance of City Hall; and added that the improvement did take alot of effort; that the building was in a state of disrepair; that the public and the Council made an effort to improve the status and succeeded; that the entrance of the City is also in need of repair; that the expenditure of CRA funds could be committed to the project; and displayed a rendering of her suggestions. Gladys McMillan, read a prepared statement, on file in the Office of the City Clerk, that referred to the relocation of Dave's Jewelry and Loan shop. Drew Johnson, stated that regarding Dave's Jewelry and Loan, selective enforcement was occurring; that there are many violations of the Zoning Ordinance occurring in the downtown area; that the ordinance relating to this issue was whimsical and arbritary; that the current issue is making Gladys seem to be a villain; that the sites that have been recommended are unsatisfactory; that the City will force Ms. McMillan to file in Federal Court for violation of the 1st and 14th amendments and all that is being requested is equal protection of the flaw; and requested Council consideration of the matter. Bette Tuminello, Sunrise Royale, expressed support of Dave's Jewelry and Loan and added that the shop could be grandfathered in; that the only problem is zoning; that'the zoning ordinance could be amended to allow the use; that the rent charged is excessive and that the Council should reconsider its earlier action. Stacey Boch, expressed appreciation to the City of Cathedral City for the offer of a location for Dave's Jewelry and Loan. ' LEGISLATIVE ACTION: 1. ONE-STOP WORK FORCE AND BUSYNESS DEVELOPMENT CENTER Recommendation: That the Council approve a Community Development Block Grant Agreement for $39,500 for the support of a "One-Stop" Work Force and Business (085_ Development Center sponsored and managed by the Patin Springs Economic Development 0 l3) Corporation, in partnership with the County of Riverside Workforce Development Board and the Economic Development Agency of the County of Riverside A3850. Director, Economic Development, reviewed the staff report and added that there are many services that businesses will find with the one stop program; that the one stop work force program will assist the small businessman in locating and training employees; that the workforce needs to be prepared; that new businesses will only locate here if they are confident that competent employees can be found; that Riverside County has allocated $55,000; that the amount that is being requested will be from reprogrammed funds; that a contact was made with HUD; that a hearing is not required in order to award the funding; that these are redirected funds; and that an amendment will be submitted to HUD. Councilmember Barnes stated that the focus of the Council has been on economic, development of the City; that new businesses look at the location of schools, quality of life, and the pool of employees available; that the first request was for 86,000; that at the time of the request it was not possible to grant that much; that with the supplemental funding, the City can assist; and that the community needs a workforce type of program of this caliber. Councilmember Oden stated that over the past few years, the focus of Economic Development has been on jobs that offer economic dignity; that input from programs like GAIN is immeasurable; that there are many advantages for a one stop wort: center; and questioned what other type of job opportunities would be available, and specific advantages to businesses. Oil�'l a 6� Council Minutes 9-17-97, Page 4 1. ONE-STOP WORK FORCE (Com'd) Director, Economic Development, stated that smaller businesses have a difficult challenge finding specific employees; that in order to find specialized employees a large labor pool is utilized; that prescreening is clone; that access to human Resource people is available; that training of personnel, and placing the right employee with the right job can be successfully accomplished. Councilmember Spurgin questioned regarding whether a public 'hearing is required should ' be addressed by the City Attorney. City Attorney stated that the matter had not been addressed by his office; and 'that there is no reason to disbelieve what the Director of Economic Development was informed by I-IUD. Resolution 19129 as recommended, was presented; after which, it was moved by Oden, seconded by Barnes, and unanimously carried, Itleindienst absent, that R19129 be adopted. 2. AIRPORT TERMINAL CONSTRUCTION MANAGEMENT CONTRACT Recommendation: That the Council approve an agreement with Turner Construction Company not to exceed $1,170,692, for construction management services related to the Airport Terminal Expansion Phase Il A Project, A3851. Director, Department of Transportation, reviewed the staff report and added that the local economy will be impacted by the project; That the Airlines have indicated preference for the(051- City to employ a construction manager; that the time is right to move ahead with the 095) project; that the construction manager will control the number of change orders; that Turner Construction not only has a past history with the City, but a history as a construction manager on airport expansion work; that it is the intent of Turner to keep as much work local as possible; that outside subcontractors will be limited; that Turner does work with the smaller subcontractors to obtain bonding requirements; that Turner does have local , involvement in the Community and the Valley; that each step of the process will require City Council approval; that if the Council directs staff, the process concerning bond issuance will start; and recommended approval of the recommendation. Councilmember Hodges stated that a requirement could be put in the documents for use of local subcontractors. Director, Transportation, stated that effort will be made to use locals in all phases of the job; that there are some types of work that will not have local subcontractor specialization, but that Turner Construction has and is committed to using local subcontractors; that the City does retain its own bidding process; and that Turner Construction does have a history of partnering small and larger companies to be part of the process. Councilmember Barnes questioned the professional service agreement in which the construction manager receives no fees, beyond work performed. Director, Transportation, stated that is correct; that the City Council must be satisfied with each phase before another phase is started; and that if the Council chooses not to continue; there is no further payment due to Turner Construction. In answer to questions by Council, Director, Transportation stated that 'there will be 20 - 25 bid packages prepared; that they will cover anything from development of plans to types of equipment; that there are general types of bids, such as cleaning; that the goal is to try to ' consolidate work resulting in a reduction of costs. Councilmember Barnes stated that in his experience, construction manager type of projects do allow for smaller subcontractors to be involved; that the project at the airport is not just a building, but a complex undertaking; that the airport must remain open during the construction please and operate safely and efficiently. Council Minutes y` 1 9-17-97, Page 5 2. AIRPORT TERMINAL (Cont'd) Resolution 19130 as recommended, was presented; after which, it was moved by Barnes, seconded by Oden, and unanimously carried, Kleindienst absent, that R19130 be adopted. 3. RECOVERS' OF UNCLAIMED FUNDS ' Recommendation: That the Council approve an agreement with Wayne Seminoff Company, to facilitate the recovery of unclaimed funds due to the City with compensation to the Contractor at a rate of 19% of the amount recovered, total compensation not to exceed $100,000, A Assistant City Manager recommended the matter be delayed, due to new information obtained by staff. 4. CASE 5.0751-CUP LARRY BITONTI Recommendation: That the Council adopt a Resolution of Convenience and Necessity in (078- order to allow a cocktail lounge (full service liquor bar) for property located at 238 North ) Palm Canyon Drive. Director, Planning and Building, reviewed staff report, no further report was given. Resolution 19131 as recommended, was presented; after which, it was moved by Barnes, seconded by Orion, and unanimously approved, Kleindienst absent, that R19131 be adopted. 5. ADDITIONAL LEGISLATIVE ITEMS: None CONSENT AGENDA: ' The following items are of a routine nature, and may be approved by one blanket motion, upon unanimous consent. Clarification questions may be asked prior to voting, and matters need not be voted upon separately. Review by City Manager of Consent items to be clarified. 6. Res 19132 approving encroachment license by Dana K. Bigelow for maintenance of 2 feet of (136- existing building, the block walls in the sidewalk area within the City's right-of-way located at 033) 360 Racquet Club Road west, C-1 zone, Section 3, T4S, R4E, 7. MO 6021 approving Change Order #2 to Mojave Equipment Company for $41,570.52 for (129- 1996-97 Cross Gutter and Curb Repair, total contract amount $191,312.82, CP96-18, A3796. 002) 8. MO 6022 approving Change Order #4 to American Asphalt Repair 8-, Resurfacing Company (136- Inc., for $24,261.48 for 1996-97 Slurry Seal Project, total contract arnount $1,063,901.44, 051) CP96-15, A3769. 9. Res 19133 approving Parcel Map 27774 for property located at 151 Pahn Canyon Drive, South, (119- Section 15 T4S, R4E. Bodges abstain-client interest. 001) 10. MO 602.3, 6024, 6025, 6026 and 6027 approving an amendment to each of the five contract (112- services with Mainiero, Smith and Associates; ASL Consulting Engineers; BSI Consultants; 005) NRO Engineering; and Sanborn A/E for plan check engineering services extending the contract time through December 31, 1997. A3273, 3274, 3382, 3830, 3584. 11. MO 6031 approving Change Order N4 to Desert Cities Development for $8,556 for City Hall (117- Remodel Project, total contract amount $334,782., CP96-27, A3791. Bodges abstain-client 041) interest. Ul .1 Le51 Council Minutes 9-17-97, Page 6 12. MO 6032 approving Amendment NI with Harrington Decorating Company to provide for a change in scope of services and authorize a second year expenditure of $30,000, not. to exceed (136- the total five year contract amount of $81,854.77, for holiday lighting decorations downtown. 019,1 A3727. 13. MO 6028 approving an amendment with Pima Gro purchase order contract to provide an (127-- alternate rate of$21.27/ton for hauling and disposal or Class B Biosolids from the 'Wastewater 001' Treatment Plant. ' 14. MO 6029 approving settlement agreement with the Bureau of Indian Affairs and United States (123-- of America on behalf of five ahottees of the Agua Caliente Indian Band for $792,500 for 020) settlement of just compensation for claims in eminent domain for right-of-way acquisition of 16.88 acres for the Mid-Valley Project, to include payment of interest to the United States for interest earned on $713,600 which was held as security for issuance of Order for Prejudgement Possession. 15. Res 19134 approving payment of Claims and Demands. Hodges abstain-023978, 924127, (086-- 924246, Spurgin #924165. 016) 16. Res 19135 amending Resolution 18908 to approve a time extension for the vacation of Prescott (145-- Circle north between Hermosa Place and West El Alameda, Section 10, T4S, R4E. 001) 17. MO 6030 approving purchase of 6 desktop computers to operate in a PC/Widows and an (117- Apple environment, purchase to be made through the California Multiple Award System, not to 038) exceed $16,163. Minute Orders 6021 through 6032 and Resolutions 19132 through 19135 were: presented; after which, it was moved by Spurgin, seconded by Oden, and unanimously carried, Hodges abstaining on item 9 and 11 and Kleindienst absent, that MO6021-6032 and R19132-19135 be adopted. ADDITIONAL 12. Harrington Decorating Company ' Councilmember Oden stated that the previous year the concern of the Council was to award to a local business; that now the City does have a local company that can be looked at; and that the local effort should be reviewed and the matter be rebid. Assistant City Manager stated that there may be some sensitive timing issues. Director of Downtown Development stated that there is a tight schedule involved at this (136- time; that the award of the bid constituted a 5 year contract to avoid timing issues; that the 019) matter was presented to Council in May of this year to review any changes desired and added that if the matter is delayed, the City wilt be behind the power curve. Councilmember Hodges questioned what are the City obligations under the contract. Procurement Manager stated that the contract does have an option for each year and a 30- day termination clause; that during the May study session the intent was created that the Council would be moving ahead with the contract; that it is late in the year to withdraw; that in checking with other references of the new company, it may be best to wait until they are more experienced; that the Council has indicated a concern with the way the downtown looks during the holiday season; and that in his opinion, he is reluctant to recommend the new company. City Attorney stated that typically the City's contracts do have a 30-day termination clause; ' that the contract could be terminated; that the only issue of concern is detrimental reliance; that if the provider has acted in good faith and has gotten to the point of incurred costs; the City may be liable and costs recoverable to the contractor; and that the status of the situation would have to be reviewed. Councilmember Hodges stated that if too much time is elapsed the City will be in the same situation as last year. Council Minutes 0� 9-17-97, Page 7 ADDITIONAL 12. HARRINGTON DECORATING (Cont'd) Councilmember Oden stated that Council does rely on staff for full information; and suggested in the future, if the staff had concerns that they address them in the staff reports. ADDED STARTERS: None ' REPORTS &REQUESTS: 18. DEPARTMENTAL REPORTS - Received & Ordered Filed (t 2'-- 002) a) Treasurer's Investment Report of July 31, 1997 CITY COUNCIL reports or requests a) Spurgin: Request AMR relocate ambulance off Tahquitz & Indian Avenue and review outdoor seating at Harleys for possible encroachment of sidewalk. PUBLIC reports or requests (2-minute limit per person on mattes within Council jusridiction) a) Darrell Meeks requested to be notified when the final results are received regarding item 3. b) Selena Tracer requested the Council consider an action plan regarding the dilapidated buildings downtown; and requested reconsideration of the action taken on Dave's Jewelry and Loan. STAFF reports or requests ADJOURNMENT: ' There being no further business, Mayor pro tem declared the meeting adjourned at 9:30 p.m. JUDITH SUMICH City Clerk �f' By: PATRICIA A. SANDERS Assistant City Clerk r