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Home My WebLink About1998 - MINUTES - 4/1/1998 MINUTES OF PALM SPRINGS CITY COUNCIL APRIL 1, 1998 A Regular Meeting of the Palm Springs 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, April 1, 1998, at 5:30 p.m., at which time the City Attorney announced items to he discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst Absent: None The meeting was opened with a Salute to the Flag by Lodge 127-AZWIT, and invocation by Reverend LaVeta Dillman, Chapel on the Way. PRESENTATIONS: Proclamation regarding Child Abuse Month 10851 Award from California Highway Patrol Palm Springs High School Student Report REPORT OF POSTING OF AGENDA: Assistant City Clerk reported the agenda was posted in accordance with Council procedures on March 27, 1999. CLOSED SESSION REPORT: City Attorney reported on matter held in Closed Session, see agenda this date. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business ADDED STARTER: It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that the matter presented arose subsequent to the posting of the agenda and was added to the agenda. AS 1. TOLL ROAD ESTABLISHMENT Recommendation: That the Council authorize the City Manager to take all necessary steps to become a state franchised toll road operator for Mid-Valley Parkway Dinah Shore Bridge, amend the 1997-98 Budget to obtain toll booths ($300,000); amend the Comprehensive Plan to add seven toll taker positions ($185,000); and amend the Comprehensive Fee Schedule to set toll fees. Executive Director and Agency Members engaged in an April Fool's jest, which the audience enjoyed. Executive Director withdrew,the matter. FINANCING AUTHORITY: Mayor declared the meeting adjourned for the purpose of convening as the Financing Authority; after which, members reconvened as the City Council. PUBLIC COMMENTS: a) Dick Sroda related a spoof on the Utility Users Tax in honor of April Fools day. 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. Council Minutes 4-1-98, Page 2 PUBLIC HEARINGS: None LEGISLATIVE ACTION: 2. SONNY BONO MEMORIAL SALTON SEA RESTORATION ACT Recommendation: That the Council endorse the House of Representatives bill, "The Sonny (098- 1 Bono Memorial Salton Sea Restoration Act", and encourages other Coachella Valley cities 004) to take similar action in support of the restoration of the Salton Sea. City Manager reviewed the resolution, no further report was give:a. Resolution 19220 as recommended was presented; after which, it was moved, by Oden, seconded by Reller-Spurgin, and unanimously carried, that R19220 be adopted. 3. VILLAGE CENTER OF THE ARTS SETTLEMENT AGREEMENT Recommendation: That the Council approve a settlement agreement regarding the Frances (117- Stevens Park lease with the Village Center for the Arts. A3929. 023) City Manager reviewed the staff report, no further report was given. Councilmember Reller-Spurgin stated that$10,000 was the amount agreed upon„ payable by the end of 1997. City Attorney stated that the amount paid was in accordance with the festivals held; that there was a limit of the amount of festivals that could be held; and that the extension of time will allow repayment of the back rent. Councilmember Oden stated that the Village Center for the Arts its living up to the ' commitment they made. Minute Order 6118 as recommended was presented, after which; it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that M06118 be adopted. 4. COMPREHENSIVE FEE SCHEDULE AMENDMENT Recommendation: That the Council adopt a resolution amending; the Comprehensive Fee Schedule relative to the use of Palm Springs Community Television. 010) City Manager reviewed the staff report and added that the Information Services Division has been charged with increasing the revenue for the station; that direction is needed on whether the Council desires non-profits to be charged. Councilmember Oden stated that an explanation is needed regarding the proposed charges; that the charges do seem somewhat excessive; and prohibitive to many groups; and questioned what is the goal in terms of service. City Manager stated that the goal is to provide a full days work of broadcasting; that the priority is for governmental coverage. Councilmember Oden questioned that when the public access channel is used for educational purposes who would pay this type of charge. ' City Manager stated that Channel 17 is not public access, but the government channel; and that if someone comes in to produce a show, then fees are charged. Mayor stated that when this matter was first set up, the term used was PEG access; public, educational, and government; that channel 17 was positioned to be the government channel; that as the channel filled, then other channels could be activated by Warner Cable; that Information Services is trying to capture its costs regarding staffing levels and studio use. Council Minutes 4-1-98, Page 3 Councilmember Oden stated that this is a concern; that there are volunteers that run the cameras; and that the fees proposed are high. City Manager stated that the CDBG program did fund an adult school training program to train people to run the setup; but as those people evolve out of the program; some type of permanent part-time people will be needed, and that these fees will held to cover those fees, Information Services Manager stated that some students are on an internship program; that many will be finishing up and are willing to assist the City on a part,-time basis; that fees have been charged; that this proposal is consistent with those fees; and that PSTV could not reach its operating costs and that is why the City took over. Councilmember Oden stated that is precisely why they failed; that it is not clear if the City has done any better; and recommended the matter come back for study session for further discussion. City Manager stated that the not for profit organizations do need to be addressed; and that it is clear that the Council is not questioning the technical side of the production; that the improvement over PSTV has been clear. Councilmember ®den stated that the quality of the production should likewise be included in the study session; that there have been many comments on the lack of sound and the distortion of the picture. Mayor stated that the lighting is better with the remodeling of the Chamber; that some of the costs do need to be recaptured; that after graduation, there will be a shortage of camera crew; and suggested that Councilmember Oden and the City Manager meet as a subcommittee to address the issues. ' Motion to continue to a future Study Session was presented, after which; it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that the matter be continued. 5. AIRPORT TERMINAL EXPANSION PHASE 2A TRADE CONTRACT AWARDS Recommendation: That the Council award trade contracts, subject to the sale of Airport Revenue Bonds, for the Airport Terminal Expansion Phase 2A project, CP98-01; approve deductive change orders; provide bid relief; find certain bids non-responsive; waive minor irregularities; authorize security improvements and establish contract administrative parameters. A3930 - 3960. (31). Director of Transportation reviewed the staff report and added that there were a total of 33 contracts; that the Council is being requested to approve 31 at this time; that the total cost is (051- in the neighborhood of 10.9 million; that there is likewise included two change orders for 095) contract being approved; that there have been some changes to correct the Plan Check recommendations; that the resolution does authorize the Director of Transportation to approve change orders up to 2.5% of the total contract; that there will be some relocation costs reimbursed by the airport to the airlines; that there are some additional printing costs incurred by Turner that are being requested to be reimbursed; that the Director of Transportation will be the contract administrator; that the bond issue will come back to the Council April 15, 1998 for approval; that the awarding of the contracts are contingent on award of the bond issue; that Turner has tried to get as much local participation as possible; that even though some of the contractors are out of town; they will be hiring local people to ' fill the needed jobs; that the Fire Protection matter is being withdrawn to allow further refinement; and added that the resolution would be revised to delete the Fire Protection matter. Councilmember Hodges questioned the address of Turner Construction and added she would be abstaining on contracts with D/K Mechanical Engineers and Fouts Heating and Cooling due to clients of her employer. Council Minutes 4-1-98, Page 4 Resolution 19221 as revised was presented, after which; it was moved by Barnes, seconded by Reller-Spurgin and unanimously carried, Mcindienst abstain due to FPPC ruling regarding Airport Master Plan issues and Member Hodges'abstaining on D/K Mechanical Contractors &Fouts Heating & Cooling-Client of Employer; that R19221 be adopted. 6. ORDINANCE FOR SECOND READING &ADOPTION (Intro 3-18-99). Assistant City Clerk read title,of Ordinance 1556 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, (103- AMENDING SECTION 2.06.010 OF THE PALM SPRINGS MUNICIPAL 048) CODE CONCERNING APPOINTMENTS TO CITY BOARDS AND COMMISSIONS, after which; it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that Ordinance 1556 be adopted. 7. ADDITIONAL LEGISLATIVE ITEMS: None CONSENT AGENDA: 8. Res 19222 authorizing the purchase, installation and maintenance of selected telecommunications equipment to he installed at the Palm Springs Library for the propose of (099- establishing a virtual university for$197,349, to be funded via a library services and! technology 001) act grant. 9. MO 6119 authorizing the City Manager to accept Federal Aviation Administration Grants up to (051- $5.7 million related to the Airport's runway extension project and Airport terminal expansion 096) program. Kleindienst Abstain-Airport Master Plan. 10. MO 6120 approving amendment #1 to A3851 with Turner Construction to add security escort (051- 1 services at Airport for $40,000. 095) 11. MO 6121 approving purchase of one police patrol unit from Ramsey Street Ford for (084- $21,493.49. 015) 12. Res 19223 accepting right of way for Carey Road dedicated for street purposes, in:accordance (136- with the agreement with the City of Cathedral City. 056) 13. MO 6122 approving Change Order 1 to Mojave Equipment Company reducing the contract by (123- $33,281.68 for PM10 Street Improvements, CP95-05. A3821. O'e 7) 14. MO 6123 approving contract.with Contreras Construction Company for$149,651.50 for City (129- sidewalk project, CP97-12, A3961 002) 15. MO -_approving contract with Sean Malek Engineering & Construction for$810,423., for the Palm Springs Train Station Phase 2, CP97-08, A------ Cont'd to 4-15-98. (143- 006) 16. MO 6124 approving contract with Desert Water Agency for approximately $122,425 for construction of Mesquite Avenue Improvement Project. A3962. Hodges abstain-Client of (136- Employer 048) 17. MO 6125, 6126, 6127, 6129 and 6129 approving amendments with Mainero, Smith & ( 112- , Associates, ASL Consulting Engineers, BSI Consultants, NRO Engineering and Sanborn A & E 005) for plan check engineering to extend the time through June 30, 1998. A3273, 3274, 3382, 3830, 3594. Council Minutes 4-1-98, Page 5 18. Res 19224 and 19225 approving Payroll Warrants and Claims &Demands. Note: Abstentions, if any: (086- Councilmember Warrant H Payee Particular Nature.of Conflict 016) Hodges 930229 DWA Client of Employer ' 930352 Granite Client of Employer 930475 Preferred Plm. Client of Employer Reller-Spurgin 930529 Spurgin Spouse 19. Res 19226 authorizing the Fire Chief or his designee to execute and file application under the (144- P.L. 93-288, as amended and/or the Natural Disaster Assistance Act. 004) 20. Res 19227 approving a Resolution of Convenience and Necessity to allow a video sports (078- bar/cocktail lounge (Hunter's Video Bar) with outdoor seating at 302-308 E. Arenas Road, Cl- 073) AA, Section 14. Kleindienst abstain-Client relationship; Reller-Spurgin-No. It was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, with abstentions as noted, that Resolutions 19222 through 19226 be adopted; and Resolution 19227 was adopted upon motion by Hodges, seconded by Barnes, Kleindienst abstaining, Reller-Spurgin no; and it was moved by Reller-Spurgin, seconded by Oden that item 15 be continued to April 15, 1998 REPORTS &REQUESTS: CITY COUNCIL reports or requests a) Councilmember Hodges requested that the traffic signal at East Palm Canyon and Sunrise Way be monitored to allow ample time for pedestrians to cross the street; and that the timing of signalization needs to be checked for Indian Canyon and Palm Canyon, Alejo Road and Palm Canyon. ' b) Councilmember Barnes stated that the Business Council did indicate a concern for customer service and how people are treated by the Building and Planning Departments; and that a streamlined approached concept may be part of the solution. PUBLIC reports or requests a) Dick Sroda stated that the public television issue needs to be revisited; that the sound has gotten worse; and the picture is bad; that the reams are terrible; that the televising of the Planning Commission meeting will go off the air in the middle of the meeting; that Palm Springs was the leader of the Valley to start televising, but now it is a waste. STAFF reports or requests a) Police Chief thanked Councilmember Barnes for his assistance over the weekend in the apprehension of a suspect. 1 Of r`'A", •M1 F Council Minutes 4-1-98, Page 6 b) Transportation Director stated that using the Passenger Facility Charge as a basis for the award grant to base the bonds on is a first; and thanked the FAA and Director of Finance for their assistance; and in response In question by Mayor gave a brief overview of the status of the Airport Free Trade Zone, in that the:hearing has been held and closed and that it will be approximately 8 months before final approval is received. ADJOURNMENT ' There being no further business, Mayor declared the meeting adjourned at 9:30 p.m. JUDITH SUMICH City Clerk —'I y: PATRICIA A. SANDERS Assistant City Clerk 1