Loading...
HomeMy WebLinkAbout1998 - MINUTES - 7/15/1998 CITY OF PALM SPRINGS CITY COUNCIL MINUTES July 15, 1998 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Meindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, July 15, 1998, 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: Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst Absent: None The meeting was opened with a Salute to the Flag and invocation by Reverend Robert Gaddini, P.S. Baptist Church. REPORT OF POSTING OF AGENDA: Assistant City Clerk reported that the agenda was posted in accordance with Council procedures on July 10, 1998. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities)-See items on Page 5 of this date. PRESENTATIONS: P.S. Senior Softball Award Introduction: Mary Thiery, Supt. Wilson's Office City/Chamber of Commerce Economic Development Award ' HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business PUBLIC HEARINGS: 1. ANNUAL MAINTENANCE DISTRICTS Recommendation: That the Council hold annual public hearings and levy assessments on Street Lighting Districts 3 & 4, and 6 Parkways Maintenance Districts; and levy annual assessment for Street Lighting Districts 1 and 2. City Manager reviewed the staff report, no further report was given. Councilmember Hodges questioned how long the assessment districts stay in effect. (056- 007 Director of Finance & Treasurer stated that the districts would remain as long as the 008 Council desired. 021 022) Mayor declared the hearing open, there being no appearances, the hearing was closed. (138- 006) Resolutions (7) 19323-19329 as recommended were presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that R19323-19329 be adopted. 2. PNA - 2150 N. PALM CANYON DRIVE (DESERT MOON) ' Recommendation: That the Council declare the buildings at 2150 N. Palm Canyon substandard and in violation of Health & Safety Codes and the Uniform Building Code; and (057- order that the owner repair or demolish the buildings in a timely manner, and authorize the 016 ) demolition of the buildings if the owner fails to abate the nuisances. City Manager reviewed the staff report. Council Minutes 7-15-98, Page 2 Mayor declared the hearing open. Jose Guerrera, new owner, stated that he had purchased the hotel three months ago; that he is currently working with an architect and P.S. Design Group to redesign the building; that , the property has been cleaned up and secured; that the property is a challenge; that the renderings supplied by the architect are based on the uptown look; that in the meantime, he is working with Planning and trying to adhere to all the rules; that the project time to remodel the front will be about three months; that he does understand that the hotel is an eyesore, but that he is willing and able to redo the project. Dale Eleniak, stated that an overview has been given of the progress, and encouraged the City Council to work with the owner to improve the property. City Attorney questioned what has transpired in the past three months of ownership. Jose Guerrera stated that all rooms have been cleaned; appliances recycled; areas boarded up and painted to match the building; and all room locked and secured by padlock. City Attorney stated that the pictures on display by the Planning Department were taken this date. Jose Guerrera stated that the building does get broken into daily. City Attorney questioned why the owner had not presented plans to the Planning Department before. Jose Guerrera stated that the scheduling did not coincide; that the plans had to be drawn and reviewed; that there was a legal issue that did have to be squared away first; that the , property was purchased, then he was notified that the property was slated for demolition; that he does not live in town and is not sure if at any time the building is still standing. City Attorney stated that the Notice was recorded against the property; and is not sure why the information was not disclosed. There being no further appearances, Mayor declared the hearing closed. Councilmember Barnes stated that the history involved in the case is important; that the City is taking an aggressive stand on these types of properties, but being careful to follow the letter of the law; that this problem started 6 1/2 years ago; that building are not picked randomly; that sympathy is expressed to the property owner, but that the property was not bought sight unseen; that the responsibility of the Council is health and safety of the citizens; that it is disturbing what can happen in a building like thiis; that it is unfortunate that the buyer bought a piece of property that ended up in legal problems; but that is no excuse to not work with staff, and questioned why the matter was appealed. Director of Planning & Building stated the former owner appealed and that this was the date set for hearing. Councilmember Barnes stated that it would be best to proceed witla the process and bring the matter to closure; that the building needs to be safe and secure and buttoned up. Director of Planning & Building stated that the owner will have 30 days to go to compliance or demolition; that if substantial progress is made, a performance agreement can be entered into; that the property has alot of problems; that the cost to renovate will be high; that most prospective buyers walked away rather than fix the property; and requested Council approval of the recommendation. City Attorney stated that one year ago an agreement was worked out with the property owner, but that the owner did not comply. Council Minutes 7-15-98, Page 3 Councilmember Oden stated that this piece of property was on the hot spot list before the focus of recapturing our neighborhoods started;"that alot of things take place on the property that should not; that this is an attractive nuisance, and crime is drawn to it. ' Councilmember Reller-Spurgin stated that from the period of January, 1992 until March, 1997, the police department has had 560 calls concerning this property; that there have been fires started; that it is the job of the Council to ensure the safety of the citizens, and that children have been sighted playing in the abandoned pool. Councilmember Hodges questioned whether the resolution could be revised to extend the time from 30 to 60 days. City Attorney stated that legally the Council can give as much time as desired; that staff has stated that it will be cognizant of any work being performed at the location, and will work with the owner; and can in fact monitor the situation. Director of Planning & Building stated that the thirty days will keep the pressure on to get the property owner to come in and meet with staff; that the legal process would start after 30 days; that there is alot of work involved to demo a building; and that the thirty days will encourage the property owner to start working with staff. Mayor Kleindienst stated that the path should be continued; and that if the new owner has concerns staff is available to address them. Councilmember Hodges stated that if the property owner is sincere, he will be in tomorrow. ' Resolution 19330 as recommended was presented; after which, it was moved by Reller- Spurgin, seconded by Oden, and unanimously carried that R19330 be adopted. PUBLIC COMMENTS: (3-minute limit per person on matters within the jurisdiction of the Council). a) Comments on matters not contained on the agenda. Fred Ebeling, stated the Council creates barriers for the citizens; and added that there are alot of improvements that could be made. Betty Beadling, representing the Senior Center, stated that at the last meeting she understood that the direction of the Council was to place the issue of additional (061- funding for the Senior Center on this agenda; that the matter is not listed; that 022) when she served on the Council, the Mayor reviewed all agenda's before they were posted and that any request from a Councilmember for an item to be listed, was; that not one time during her term on the Council was a request from a Councilmember ignored; that it is a concern when a Councilmember is ignored; and a violation of their rights as a Councilmember; that the request from the Senior Center remains at $120,000; and whether or not the Council agrees to fund the amount is one issue; and that the more important issue is responding to a Councilmembers request. Mayor clarified that agendas are not previewed by his office. Dick Sroda, Palm Springs, stated that the issue of the Senior Center was discussed at workshop; that there were no commitments made by the City; that there are items on the agenda that need to be discussed such as the downtown parking plan, which in his opinion is a good program. Council Minutes 7-15-98, Page 4 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. LEGISLATIVE ACTION: 3. DOWNTOWN PARKING MANAGEMENT PROGRAM Recommendation: That the Council authorize negotiating an extension to the existing contract with APCOA, to incorporate the downtown parking management program, as outlined in study session of June 10,1998. City Manager reviewed the staff report, and in answer to questions by Council added that the parking will be monitored by APCOA; that the existing employees will be transitioned to CSO's' that up until recently the traffic parking patrol assisted the police department with traffic reports; that it is cost prudent to use the parking patrol officers in instances that safety is not involved; that the projected start date is the first of' October; that the RFP process, if used, would delay the start by several months; that if the parking program is (108- split to different vendors, there would not be alot of profit for the City; but by expanding 004) APCOA's contract, the fullest amount of revenue to the City will be realized; and that the City Council will be reviewing vehicles such as revenue bonds to upgrade all parking in the downtown area; and added that the cost comparison was done one year ago. ' Councilmember Barnes recommended that staff keep in mind possible problems that could be caused for the people who work downtown. Minute Order 6196 as recommended was presented; after which, it was moved by Reller- Spurgin, seconded by Oden, and unanimously carried, that M06196 be adopted. 4. PERS CONTRACT AMENDMENT (Ord for second reading & adoption) Assistant City Clerk read Title of Ordinance 1558 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND (110- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS. 009) after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, that further reading be waived, and 01558 be adopted. 5. MUNICIPAL CODE AMENDMENT - VIDEO SURVEILLANCE REQUIREMENTS Recommendation: That the Council amend the Municipal Code to require convenience stores under 2,500 square feet of indoor retail space, engaged in, but not limited to the sale ' of groceries, sundries, household items, beer, wine or other alcoholic beverages, to be (103- required to install and maintain video surveillance equipment. 048) City Attorney stated that a letter had been received from the California Grocers Association, and suggested the length of time for installation of equipment be lengthened; and that there is some concern regarding the time statute; and that the Council may wish to consider the time limit. 6,1 Council Minutes 7-15-98, Page 5 City Manager stated 60 days should be sufficient Councilmember Hodges stated that when she had a small business, she hated the month of ' October, and that it seems that everything was due during that month; and suggested that the time be extended to the end of the year. Councilmember Oden questioned whether the Ordinance would affect old businesses or just new. City Attorney stated that new businesses would be required to comply upon opening; and that old businesses would have until the end of the year, if that is the time frame the Council chose. Mayor Kleindienst questioned the trigger for requirement of the cameras; and questioned if it is an existing small store, and had no history of crime, would they be required to comply. In reply to questions by Council, Police Chief stated that in the past, stores, have been excluded; that most larger stores already have the cameras, it is the smaller one that do not; that some stores are repeat victims; and that we only control the quality of video to a small extent. Assistant City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING CHAPTER 5.03 REGULATING CONVENIENCE STORE VIDEO SURVEILLANCE REQUIREMENTS IN THE CITY OF PALM SPRINGS; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, that further reading be waived and the Title of Ordinance be introduced for first reading. 6. MUNICIPAL CODE AMENDMENT - AIRPORT/TAXICABS/RULES & REGULATIONS Recommendation: That the Council amend the Municipal Code in order for the Airport to take needed corrective action to properly enforce the Airport taxicab operating procedures, Airport taxi driver rules and regulations, and SunLine Transit Agency's regulations pertaining to the general taxicab operations when taxicabs are operating at the Airport. (103- Councilmember Hodges commented that this is among one of the first times that a taxicab 048) issue has appeared on the agenda and there was no public comment. Assistant City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 11.34.060 AND 11.34.210 TO THE PALM SPRINGS MUNICIPAL CODE, CONCERNING TAXICAB, OPERATION OF, AND ENFORCEMENT AT THE PALM SPRINGS REGIONAL AIRPORT, ' after which; it was moved by Hodges, seconded by Barnes, and unanimously carried, that further reading be waived, and Ordinance be introduced for first reading. 7. MUNICIPAL CODE AMENDMENT - VISITORS &PROMOTION COMMISSION Consideration of ordinance amending the Municipal Code to abolish the Visitors & (060- 024) Promotion Commission. M"� a Council Minutes 7-15-98, Page 6 City Manager clarified that the contract with LMI should be executed by all parties; before second reading of the Ordinance. Assistant City Clerk read Title of Ordinance as follows: , AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING CHAPTER 2.23 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE VISITORS AND PROMOTION COMMISSION. after which; it was moved by Barnes, seconded by Hodges, and unanimously carried, that further reading be waived, and Ordinance be introduced for first reading. 8. P.S INTERNATIONAL SHORT FILM FESTIVAL Discussion regarding sanctioning of P.S. International Short Film Festival, July 1998, and direction for action if any. City Manager reviewed letter from film festival regarding sanctioning. Councilmember Hodges stated that it is an interesting idea, but not quite fair; that the film festival and the short film festival are different venues. (050- Councilmember Oden concurred with Councilmember Hodges. 010) Mayor Kleindienst stated that the venues have caused some concern in the past; that the City Manager is working with the staff of the Film Festival; and that discussions are continuing. City Manager stated that there are some issues that need to clarified, such as noise, traffic, , and the like; that there have been reports regarding noise; and that if there are problems this year, the Council could consider the impact on next years approval. Minute Order 6197 sanctioning film festival and Res 19331 temporarily suspending Ordinances were presented; after which, it was moved by Hodges, seconded by Barnes, and unanimously carried, that M06197 and R19331 be adopted.. 9. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirement; materials provided at meeting). A9. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (NEW) Consideration of making appointment to the newly constituted Riverside County (123- Transportation Commission, pursuant to S131851. Motion by Barnes, seconded by Keller- 025) Spurgin and unanimously carried, that Mayor Kleindienst be appointed as representative. CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. Mayor Kleindienst stated that it is time to re-roof various city facilities. Councilmember Spurgin stated that item 10 does not clarify where the funds are being placed; that ' in fact it would seem that funds are not being replaced in correct accounts; and further requested item 14 be discussed separately. Director of Transportation stated that the funding for the landscaping should come from the grant. Council Minutes 7-15-98, Page 7 10. MO 6198 approving Change Order No. 1 for a $15,678.25 increase to contract with Contreras (129- Construction Co., for city-wide sidewalk construction CP97-12, A3961. 002) 11, Res 19332 establishing appropriations limit for the 1998-99 fiscal year, in accordance with (061- Article XIIIB of the California Constitution. 023) 12. Res 19333 appropriating into reserves the unappropriated fund balances in designated City (061- operating and Capital Project Funds for future operations, or projects. 023) 13. MO 6199 approving Change Order No. 1 for a $24,547 increase to contract with Cooley (088-, Construction, for street and drainage improvements, Phase 2, CP96-32, A3975. 006) 14. See Item 21. 15. MO 6200 awarding contract to Reroofing Specialists dba Petronella Roofing for$237,704, and Bid Schedule E for $40 per 4'x4' sheet of plywood (not to exceed $1,000) and $1,595 per roof (117- drain(not to exceed $3,190), to re-roof various city facilities: City Hall, co-generation plants, 001) wastewater treatment plant, two buildings at the McManus Village Green (currently the Adobe Museum and Fudge Factory), and the building at El Cielo and Baristo (currently The Boxing Club), CP97-48, A4006. Hodges abstain-Customer of Employer. 16. MO 6201 authorizing purchase of software license agreement from Data Research Associates not to exceed $25,423; and MO 6202 approving the purchase of 13 Hewlett Packard PC (117- workstations, upgraded memory, and support warranty through the State Multiple Award 048) Schedule not to exceed $45,075, for a combined total purchase not to exceed $60,500 for the purchase, installation and maintenance of an upgraded integrated catalog circulation system at the Library Center; funded by the Library Trust Fund. ' 17. Res 19334 amending the 1997-98 budget to appropriate $450,000 from the Passenger Facility Charge Fund, to be used to fund the Airport Terminal Expansion construction costs ($265,931) and $87,279.62 for cost of insurance (financing) and $96,789.28 cost of issuance (financing) - (061- action formalizes the appropriation of funds anticipated by the Airport Terminal Expansion 022) bond documents. lGeindienst abstain-Airport Master Plan. 18. Res 19335 approving MOU with the Police Management Association for employees in the (110- police management unit for the period July 1, 1998 through June 30, 2000. 013) 19. Res 19336 and 19337 approving Payroll Warrants & Claims &Demands. Note abstentions, if any: (086- Councilmember Warrant X Payee Particular Nature of Conflict 018 ) Hodges 933253 Bldrs Supply Client of Employer 933301 Desert Air 933318 DWA 933319 DWA 933361 Granite Const. 933485 Preferred Plumb Reller-Spurgin 933538 Dr. Dennis Spurgin Spouse 20. MO 6203 approving a three-year contract, with two one-year renewal options upon mutual consent, with Nelsen's Janitorial Service for janitorial services at various city facilities for a (117- monthly amount not to exceed $11,650.54 for routine services, and a unit-rate schedule not to 001) exceed $5,000 per year for as-needed additional services, making a total three-year contract not-to-exceed $434,419.44 A4007. Resolution 19332 through 19337 and Minute Orders 6198 through 6203 were presented; after which, it was moved by Oden, seconded by Barnes, and unanimously carried, with noted absensions, that R19332-19337 and MO6198-6203 be adopted. Council Minutes 7-15-98, Page 8 21. LOV, A SECOND CHANCE FOUNDATION Recommendation: That the Council approve a subrecipient agreement for $40,000 with LOV, a Second Chance Foundation, to provide funds to remodel the multi-purpose room of the Lily of the Valley Church for community social service programs, a CDBG 1994-95 funded project, A4005. (085- Councilmember Sprugin stated that this staff report seems to be splitting hairs. 011) City Manager stated that the recommendation is in compliance with regulations; that it is clearly acceptable; that the Church can lease its property; and that the recommendation is legal. Councilmember Oden questioned if there are non-members (of the Church) on the board. City Manager stated that the membership could be checked and reported back to Council; and added that this program has been struggling; and that it is recommended that the project proceed. Mayor Kleindienst stated that when Sardine took action to become a. non-profit that the vote was not offered until the City Council concurred; that there are additional grants available to non-profits; and that by using the technique the needs of the Community are filled. City Manager stated that the CDBG Coordinator was very careful to be sure the letter and the spirit of the law is carried out; and that staff is satisfied that this matter meets those requirements; and requested approval. Minute Order 6204 as recommended was presented; after which, :it was moved by Reller- Spurgin, seconded by Oden, and unanimously carried, that M06204 be adopted. ADDED STARTERS: None REPORTS & REQUESTS: 22. FRANCHISE REPORT - Received for Filing (089- a) SCE for calendar year 1997 - $630,392.80 001) CITY COUNCIL reports or requests a) Boards & Commissions: If desired, appointments for remaining vacant unexpired terms, or further direction to City Clerk. Public Arts 1 full term (060- Human Rights 1, 1-yr term, 6-30-1999 023) 1, 2-yr term, 6-30-2000 (060- 1, 1-yr term, 6-30-1999 027) Consensus of Council to meet July 20, 1998 from 4 p.m. to 5:30 p.m., Studio B, for interview of applicants. b) Councilmember Hodges questioned why the Senior Center item was not listed on ' the agenda. City Manager stated that the request by Councilmember Reller-Spurgin was (061- regarding the authorization of the $70,000, of which $52,000 was signed 022) yesterday; and added that a major part of the issue in d'ie discussion with staff indicated a combining of the recreation program to reduce costs; that Councilmember Oden wished an opportunity to meet and discuss with Mr. Green 9"1„m Council Minutes 7-15-98, Page 9 practicalities; that in fact, that is the reason for the delay on the agenda; and that we have now been informed that the Senior Center Executive Committee has told Mr. Green he can not meet with the City Manager. ' Councilmember Hodges stated that she did recall the discussion, and perhaps the discussion needed to take place again and resolve the issue; and further stated that a policy needs to be put in place regarding these types of funding requests. City Manager stated discussion was held with the Mayor that the policy be scheduled for workshop study. Mayor stated after the August break Council needs to schedule a workshop to discuss matters for the agenda; and added that the Council did pass a budget; and it is clear that additional funding was not provided for; that the relationship between the Senior Center and the City is strained; and requested Councilmember Reller- Spurgin lead as a liaison between the Center and the City. Councilmember Reller-Spurgin stated that this is a difficult situation for her; that not only is she a member of the City Council, but also sits on the Board of the Senior Center; that when the Center requests extra money from the City it feels awkward for her; that if she were able she would give the requested funds to the Center; that she gives of her time, personal funds, and talent to the Center; but at this point she is uncertain where an additional $70,000 can come from. Councilmember Barnes stated that everyone appreciates the situation Councilmember Spurgin is in; that many members of the Council serve on various committees and that same kind of struggle is felt; that one of the reasons funding ' was suggested to be discussed at a workshop was to look at the situation globally; that it may be difficult to come up with a policy, but in the long run well worth it. City Manager stated that during the budget process different solutions were being studied; that some of those options were operation of the Recreation Program, or PSCTV operation; that there are budgeted dollars that the Council approves; that the determination was made that to fund the entire request would not be fair for other organizations; that the question of what could or would be sacrificed arose; that delay of taking a firm position has been the desire and good will of Council to accomplish more than it has funds for; that it is a concern of all; that the matter for the Senior Center, and all non-profits needs to come to closure; and added that he will seek ways to improve the relationship between the Senior Center and the City. Councilmember Reller-Spurgin stated that she has been involved with the Senior Center for 14 years; that she knows the difference the Center can make; it provides a tremendous impact on the community; and that the reputation of both the Center and the City should not be tainted. c) Mayor stated that Chairman Duncan of the Airport Commission expressed concern regarding traffic at El Cielo and Baristo. (130- 001) Director of Transportation stated that a traffic analysis has been completed; that the intersection did meet warrants; and that the signal will be in place as soon as possible, 3 rF 1"+l Council Minutes 7-15-98, Page 10 PUBLIC reports or requests - None STAFF reports or requests - None ' There being no further business, Mayor declared the meeting adjourned at 9 p.m. JUDITH SUMICH / City Clerk By: PATRICIA A. SANDERS Assistant City Clerk 1