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HomeMy WebLinkAbout1999 - MINUTES - 2/17/1999 CITY OF PALM[ SPRINGS CITY COUNCIL MINUTES FEBRUARY 17, 1999 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, February 17, 1999, 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, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Dr. Jim Tom, United Methodist Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on February 12, 1999. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities)- See items on Page 4 of agenda this date. PRESENTATIONS: Boy Scouts of America to Police Officer Nancy Carr, for her work with Explorer Post 466. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY-No Business PUBLIC HEARINGS: 1. STREET VACATION - CHUCKWALLA ROAD ' Council set this date for hearing on proposed vacation for a portion of right-of-way dedicated for Chuckwalla Road, between Indian Canyon Drive and Chaparral Road in (145- Section 11, T4S, R4E, SBBM. 001 ) City Manager highlighted the memorandum of the Director, Department of Transportation, noting that the vacation is not in conflict with the General Plan, and that notices were mailed, posted and published as required. City Attorney stated that all public utility easements would be reserved; and the intent of Section 4 of the Resolution is that the vacation would not be effective until private reciprocal easements are provided in a form approved by him. Mayor declared the hearing open. Dick Sroda, resident, stated his concern as to the method for accomplishing this, and questioned what was to be done with other problem streets in the area; and concern that this not be the only action, leaving one street which has suddenly becorne a private street, simply because the property owner on the corner asked for it. Ray Lavato, co-developer, stated that project is not being done haphazardly, rather there was a community meeting and everyone met last November; that he has lived in the area for five years, and the project is only the beginning of the plans they have for the area; ' that he thanked the staff.and Council for helping to reclaim the neighborhood; that the Council received positive comments from police, fire, the Downtown Development Director, and Kitty West of the Uptown Association; that the traffic study showed there would not be any significant impact on traffic, and the vacation should reduce the potential for accidents; that people directly affected by the street vacation are grateful; and the goal is to beautify and unify the neighborhood. Frederick McCarey Ebeling, resident, supported that Mr. Sroda's issues should be considered; and that property values should be enhanced. �f Council Minutes 2-17-99,Page 2 There being no further appearances,the hearing was closed. Councilmember Oden stated that this project has been known about for a long time; that pros and cons and various options have been discussed; that everyone lives in the ' community, and Councilmembers have worked and volunteered in the past, and will likely continue to so in the future when they are no longer Councilmembers; and that a number of streets have been closed. Resolution 19469 as recommended, was presented; after which, it was moved by Oden, seconded by Barnes, and unanimously carried that R19469 be adopted. PUBLIC COMMENTS: a) Comments on matters not related to an agenda item: Bill Suytar, resident, expressed his feeling that he had been singled out for code enforcement relative to the parking of an RV at his home, which has been parked there for ten years, without complaint; that if the laws are going to be enforced, everyone should be treated the same; and that he has a right to know who filed a complaint. Don Frank, resident, commented on collection of sales tax to determine business activity downtown; that he counted the number of people in different restaurants, and came up with a few hundred, but the Spa Casino had 1,400, and he thought the "Spa Dollars" program was an investment to buy merchants downtown. b) Comments on Item 4: Joy Meredith, Crystal Fantasy, thanked the Council and all staff members for working cooperatively to resolve the downtown managed parking program; and (108- the Agua Caliente Tribe for its participation in the "Spa Dollars" program. 004) c) Comments on Item 6: Jim Jones, resident, requested that the Council table this matter until after the election on the Charter Amendment concerning the W WTP; that he favored a rate - 127 127) study, until he saw the amount of the proposal, and questioned why the City could not obtain a copy of such a rate study from another city, what a comparison has to do with rate structure; that the Council should be straight-forward, and not use smoke and mirrors to sell the plan; that one of the principles of the proposed firm has had a business relationship with one of the RFP firms for privatizing the plant. Dick Sroda, resident, stated he was concerned by the conflict appearances noted by Mr. Jones, the cost of making a presentation to the Council for $16,000; and that the Council should wait for the ballot measure. Karen Tabbuth, resident, restated Mr. Jones' prepared statement. 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 2-17-99,Page 3 b) Councilmember Oden noted that Black History Month exhibits will continue to be shown at the Library Center; read article regarding Desert Hot Springs having to buy its way back into the CVB, when lack of funding was the reason for pulling out of it in the first place, and that he did not think that was reflective of addressing a true issue of people who are in need of help, and he was ' disappointed that the CVB could not come up with something more creative to help that community. He also requested information concerning an RFP relative to t he Airport. LEGISLATIVE ACTION: 2. NOT USED 3. PERS AMENDMENT Recommendation: That the Council give notice of intention to approve an amendment to the contract between the Board of Administration of the Public Employees Retirement (110- System and the City Council of the City of Palm Springs for Level 4 Survivor Benefits for 009) Police Safety Employees. City Manager highlighted his report, noting the proposed amendment; the cost of which will be $3.50 per member, per month, beginning an estimated three years from this date, depending on assets and liabilities of the pooled funds. City Clerk read title of the Ordinance, 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 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS. Resolution 19470 as recommended, was presented; after which, it was moved by Hodges seconded by Oden, and unanimously carried that R19470 be adopted; that further reading be waived,and that the Ordinance be introduced for first reading. 4. MANAGED PARKING PROGRAM ADJUSTMENTS Recommendation: That the Council approve an amendment to the Managed Parking Program to reflect adjustments to the program. (108- City Manager reported that Main Street Board and the Chamber of Commerce have 004) approved the adjusted program, however, while Main Street proposed and agreed that employers should purchase employee parking permits, the Chamber did not discuss the concept, nor did it take a position concerning parking for apartment dwellers. He reviewed the adjusted program. In response to question by Council,the Director, Department of Transportation, stated that there is no limit as to the number of spaces that could be purchased; that hours of enforcement will be 9 a.m. to 10 p.m., which is basically the same number of hours built into the contract with APCOA, even though the posted signs indicated 24-hour enforcement. ' Resolution 19471 as recommended, was presented; after which, it was moved by Reller- Spurgin, seconded by Oden, and unanimously carried that R19471 be adopted. Council Minutes 2-17-99, Page 4 ADDITIONAL LEGISLATIVE ITEMS: A5. PROPOSED CHARTER AMENDMENT PETITION - WASTEWATER TREATMENT PLANT ' Certification of petition regarding a proposed Charter Amendment concerning the Wastewater Treatment Plant. (083- City Clerk highlighted her memorandum, noting the date the petition was filed, and that it has been certified by the County Registrar of Voters as qualified under the provisions of the Election Code. In response to questions by Council, she stated that the Council could provide direction as to an election date;that if the June, 1999 date were desired, resolution calling the election would need to be adopted by March 3; and that if the November, 1999 election date is desired, the call of the election will be folded into the Resolution calling that election, and be presented in June or July. City Manager stated that the City Attorney has additional thoughts on this subject, and those would be forthcoming at a later date. It was moved by Barnes, seconded by Reller-Spurgin, and unanimously carried, that this matter be called for November, 1999, concurrent with the call for the municipal election. CONSENT AGENDA: 6. See Item 14. 7. Res 19472 approving a request by Lit Droguett, on behalf of Circus Chimera to hold a (111- temporary circus event on March 31 and April 1, 1999, at 272 N. Avenida Caballeros, R-4/R- 002) 4VP Zone, Section 11. 8. MO 6343 awarding contract to Sierra Pacific Electrical Contracting for construction of traffic (130- signal at Gene Autry Trail and Tachevah Drive for$110,668, CP95-27. A4066. 004) 9. MO 6344 approving program supplement 004-M for State Master Agreement for preliminary (090- engineering and construction for traffic signal at Sunrise Way and Racquet Club Drive, total 001) cost estimate is$130,000,with no local match, CP95-10. A1459. 10. MO 6345 approving program supplement 005-M for State Master Agreement for preliminary (090- engineering and construction for traffic signal interconnect on Tahquitz Canyon Way and 001) Indian Canyon Drive,total cost estimate is$1,176,000 with no local match and$130,000 for preliminary engineering phase, CP95-06. A 1459. 11. Res 19473 approving Payroll Warrants. 12. MO 6346 approving contract to Matich Corp for Farrell and E. Palm Canyon Drive street (136- widening and signal modification, for$150,382.70, CP95-21; and Res 19474 amending the 025) budget for$21,000, thereto. A4067. 13. MO 6347 awarding contract to Allied Carpet for$61,758 for recarpet of Police Department, (113- CP96-25. A4068. 006) It was moved by Oden, seconded by Barnes, and unanimously carried,that Resolution 19472 and 19473 and Minute Orders 6343 through 6347 be adopted. 14. WASTEWATER TREATMENT PLANT FEE STRUCTURE Recommendation: That the Council approve a professional services agreement with (127- Carollo Engineers for the development of a Wastewater Treatment Plant Use Fee 001) structure, for a cost not to exceed$134,926. Council Minutes 2-17-99, Page 5 Director, Dept. of Transportation reported that because "flat rates" are no longer permitted as a result of Prop. 218, the City must go through the process so its rates are compliant with 218, and that such reflect the quality and quantity of the stream placed in the system by its users;that the study must be reflective of the City's circumstances, and it cannot simply be to take a look at the study of another city; that the study probably could , be done for$35,000 if the process were to hire a consultant, get the numbers, and then try to defend them, but the RFP process included provision as to how to get the results with the community's involvement; that in the proposal, the public is involved from day one; that the process involves: -explanation of the process - user categories - allocation of budget costs and billable units -group discussion and consensus building on policy proposals, and formula which can be used regardless of whether the Council privatizes the plant. He stated the process will take six months, and a lot of hard work; that the consultant was selected because it put together the best proposal as to how it will involve the public., and because it is the only firm to have done a study since Prop. 218;that rates do not affect the privatizing issue; that the firm was involved with one of the proposers for privatizing, but he did not see why that would be a conflict; that the study is needed in any event; that his report outlines various groups from which to appoint people to serve on the committee, which would comprise 20-25 citizens who would work through the process. Councilmember Reller-Spurgin stated that the Council is still responsible for making good decisions as to spending money; she questioned why the necessity to take this action at this time. City Attorney stated that the process could have started one year ago, or six months from ' now, but the longer the wait, the greater the potential for attack on the current practice; that staff was, initially, unclear as to how long privatizing was going to take and if the provider could absorb the cost; that staff thinks that this step must be taken to try to resolve the rate structure situation, and be able to utilize the results irrespective of the outcome on the privatizing aspect; that none of the privatizing proposals currently contain a framework of comparison if the existing rate structure is going to be changed; that it can be resolved without the proposers involvement; that the recommended contract is a "cadillac" approach in the sense that public relations and community participation go beyond simply doing a rate study; and that cost of the presentation to Council is a direct function of the number of people who would represent the company, at their hourly rate. Councilmember Barnes stated that the City must proceed with a study to develop the rate structure basis, and it must have the facts and answers ready for its constituents; that he was not interested in "fancy presentations" and if it is not urgent to proceed at this time, he preferred to see a modified version of the proposal. Councilmember Reller-Spurgin agreed that the figures are not acceptable, and need to be adjusted. Councilmember Odell stated that the Council spent months, and backed into the parking management program, and it now had an opportunity to do things differently, i.e., the process of including the community; that such generates a lot of data which must be tabulated, and there are a lot of people who work behind the scenes that bring it together, ' who must be paid for; that he did not consider it a cost issue, and it has nothing to do with privatizing; that this has been asked for; and that his expectation is that there would not be loose ends, or uncommunicated information, when it is finished. Director, Dept. of Transportation stated that the recommended firm was in the middle of the proposals received, i.e., the high was $180,000 and the.low was $67,000, with the significant difference related to the community's involvement Council Minutes 2-17-99, Page 6 City Attorney stated that about 50% of the proposal relates to critical elements to prepare the study, and the remainder to community workshops and Council presentations; that if directed to look to reduce the cost, the second area is what would be looked at to determine exact costs associated with presentations, and if any workshops could be eliminated. ' City Manager stated that the privatizing process started with the overall assurance that the City would keep proprietary information confidential, which created a "no share" climate; that blocking results because of not educating the public;that everyone will now be able to participate; that the committee selection process should be in open session, and it will take the consultant sometime to do that; that the Prop. 218 issue is of serious concern to him, and there is no effort being made to "sell" anything, rather to keep the process open; that the costs being charged are appropriate, and the result will meet Prop. 218 requirements. Councilmember Barnes stated that he totally supports the study, is impressed with the list of groups to be involved, understands the Prop. 218 issue, but needs assurances that the "presentation" costs are not just to cover "fanfare." Councilmember Reller-Spurgin stated that the biggest problem is the perception as to timing of this contract; that it is part of a process started last year; that she and the Mayor served on a committee, and she would continue educating herself on this subject; that it is compounded by the fact that the W WTP financial situation has continued to be a problem for the City, which is also a reality, making the decision more difficult. Mayor stated that whether something appears to be too big, or too small, is relative to the context in which it appears; that this is a labor intensive process, and it requires a variety of submittals at four meetings with 20-25 people, plus public comment. He stated that he and Councilmember Oden worked on the Intergroup Committee with members of the ' PSUSD for a number of months, resulting in only one town meeting, but hundreds of hours of time; that the "real world" does not work for free; that a report is of no use if it does not go through the public process; that the Council's difficulty is one of scale; that regarding timing, it may be a disservice to delay by only relating it to an election date; that it is a part of the broader, community-wide, education process; that the Council could ask that the figures be honed, and details delineated. Councilmember Barnes stated that he would not be at the next meeting, but if the remainder of the Council was satisfied that any fanfare had been removed, and the figures were reasonable, he did not have a problem continuing action to March 3. It was moved by Reller-Spurgin, seconded by Barnes, and carried by the following vote, that this matter be continued to March 3, 1999; and that the City Manager work with the firm to eliminate any unnecessary steps, fanfare, or other than basic presentations to the Council: AYES: Barnes, Oden, Reller-Spurgin, and Kleindienst NO: Hodges ABSENT: None Councilmember Hodges stated she opposes the action because of the problem of public perception and the timing of the action; that the Council appears to be trying to do something just because of the election issue; that she would not oppose the study if it ' came out after the election, and to come out before the election, she felt is extremely wrong because of how it is being perceived, and the Council will just receive more criticism. Council Minutes 2-17-99, Page 7 ADDED STARTERS: 15. AIRPORT NOISE BERM Recommendation: That the Council approve Change Order 2 to contract with Gralaite ' Construction,to install a rabbit protection system(chicken wire fencing) around the Noise (051- Berm to prevent destruction of the soil stabilizing vegetation, for$16,61"10, A3992. 046) Mayor abstained due to prior FPPC ruling concerning the Airport Master Plan. It was moved by Oden, seconded by Barnes, and unanimously carried, that this matter be determined eligible for consideration, and added to the agenda. Minute Order 6348, as recommended, was presented; after which, it was moved by Oden, seconded by Hodges, and unanimously carried that MO6348 be adopted; Kleindienst abstained. REPORTS &REQUESTS: CITY COUNCIL reports or requests -None PUBLIC reports or requests-None STAFF reports or requests-None ADJOURN: 8:45 p.m. ADJOURNMENT , There being no further business at 8:45 p.m., Mayor declared the meeting adjouimed. VJUDITH SUMI H�- City Clerk