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HomeMy WebLinkAbout1999 - MINUTES - 3/3/1999 CITY OF PALM SPRINGS CITY COUNCIL MINUTES MARCH 3, 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, March 3, 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 Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: Councilmember Barnes The meeting was opened with the Salute to the Flag,and an invocation by Rev. James G. Griffes, P.S. Presbyterian Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on February 26, 1999. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities)-See items on Page 3 of agenda this date. PRESENTATIONS: PSHS Student Body Report; Police Athletic League; Swear-in New Police Officers HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY-No Business APPROVAL OF MINUTES: It was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, Barnes ' absent, that the Minutes of January 20, February 3, 1999 be approved. PUBLIC HEARINGS: None PUBLIC COMMENTS: a) Comments on Item 1 Emile Duvemay, resident, questioned why the action was being proposed at this time, when the Council is soliciting bids to privatize the plant; that it only serves (177- lo tip off a prospective contractor, in such way to guarantee the contractor a 001) return; that the Council should not take the risk of the contractor; that when a person goes into business, he does so with all of the risk associated with the business; and that the Council should delay this action, to see what will happen with the process. Darrell Meeks, Morongo Valley, questioned why the matter was being pulled, and if it could legally be pulled, since it was posted to be on the agenda. He stated he has information regarding Los Angeles Police Department's investigation of Jeremy Crocker's disappearance, which he would report at the next meeting. Dick Sroda, resident, also questioned why it was pulled from the agenda; and commented on articles and information he obtained from past Orange County Register Newspaper concerning financial relationships and contracts between Corolla and a sewer plant contract in that area in 1993-94. He expressed opinion that the City staff should have discovered this information, and provided it to the Council. Council Minutes 3-3-99, Page 2 b) Comments on matters not related to an agenda item: Don Frank and Fred Ebeling, residents, commented on the; disappearance of Jeremy Crocker, and expressed opinions that the Council should be calling for an investigation of his disappearance. ' 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) Councilmember Hodges announced the Dog Park dedication has been set for (109- April 3. 019) c) Mayor reported on status of MRSC alternate fuel grant programs funding recently obtained, i.e., addressing police downtown patrol; and SCRR TCI grant program application underway in a neighboring city. LEGISLATIVE ACTION: 1. WASTEWATER TREATMENT PLANT RATE STUDY On February 17, 1999, the Council continued consideration of approving agreement with Carollo Engineers, pending adjusted scope of services, and final contract amount; iI is (127- recommended that Council award contract for$116,380, with adjusted performance levels 001) (an adjusted contract amount and service from $134,926),A City Manager reported that as the various proposed task were reviewed, it became clear , that the essential task was Task 92, which focuses on the rate study and not the ancillary services; and that it will be revisited with the bidder, and brought back at a later date. In response to question by Council, Director, Dept. of Transportation reported that the study alone would take 10-12 weeks, and the full citizen-involvement aspect would take six months. No action taken. 2. FARRELL DRIVE RELOCATION Recommendation: That the Council award contract for relocation/realignment of Farrell Drive, north from Tamarisk to Vista Chino, to Granite Construction Co., for $1,343,155, CP94-45,A4073. (136- 025) Mayor Kleindienst stated he would abstain, due to FPPC prior ruling; re Airport Master Plan. It was moved, seconded and unanimously carried, Barnes absent, that Councilmember Reller-Spurgin be the Mayor pro tern for the remainder of the meeting. Director, Dept. of Transportation reported that the project is 90% federally grant funded, and the remaining 10% is from the Airport Fund; that the project will take about 10 ' months to complete. Councilmember Hodges stated that the FPPC ruled on the question of her abstentions due to relationship with her employer, and asked the City Attorney for clarification of it. City Attorney explained the ruling, a copy of which he has on file, and stated that a client relationship alone with her employer is not necessarily a conflict, if she did not receive any commission from the transaction; that if her employer is projected to receive, or has an expectation of receiving, $10,000 or more from a contract awarded by the City, even if Council Minutes 3-3-99, Page 3 she did not receive a commission, there would be a conflict for her - otherwise there would not be a conflict for her. Director, Dept. of Transportation stated that this project involves sewer pipe, however, Granite has stated that they would not be buying it from Familian, ' Resolution 19477 as recommended, was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, Barnes absent, and Kleindienst abstaining, that R19477 be adopted. 3. ADDITIONAL LEGISLATIVE ITEMS: 4. AIRPORT NOISE WALL EXTENSION Recommendation: That the Council award contract for construction of the Airport extended noise wall and Alternate 1 to E.L. Yeager Construction Co., Inc. for (051- $1,280,547.50; relieving low bidder Tyree Organization, per G/C Code 5101(d); 046) overruling protest of Ground Zero Demolition Co.; and authorizing Director, Dept. of Transportation to approve change orders up to 2.5% of total contract, subject to City Manager concurrence, CP97-27,A4074. Mayor stated he would abstain due to FPPC prior ruling concerning Airport Master Plan. Director, Dept, of Transportation reviewed details of his memorandum; and in answer to question by Hodges, stated that there are no plumbing supplies involved in the contract work. Resolution 19474, as recommended, was presented; after which, it was moved by Oden, seconded by Hodges, and unanimously carried, Barnes absent, and Kleindienst abstaining, that R19474 be adopted. CONSENT AGENDA: Councilmember Reller-Spurgin noted that Items 5 and 6 deal with OSHA safety issues, and it is important that the community knows these issues are being dealt with. 5. MO 6350 approving Amendment 1 to Agr 4045 with Montgomery Watson to substitute design (127- and installation oversight of a chlorine replacement system, for a chlorine study and risk 001) management plan scope of services,which was approved in December, 1998. 6. MO 6351 approving contract with Regulation Compliance, Inc.,for safety plan development (127- and employee training at the Wastewater Treatment Plant, not to exceed$22,157.90,A4075. 001) 7. MO 6352 approving an agreement with the Bureau of Indian Affairs, Sacramento Area Office, (144- for fire cost reimbursement on Indian Trust Lands; and rescinding prior Agr 2507 related 001) thereto. A4076. 8. Res 19475 and 19476 approving Payroll Warrants and Claims&Demands. Note abstentions, if any: (086- Councilmember Warrant# Payee Particular Nature of Conflict 018) Hodges 939617 Bldrs. Supply Client of Employer ' 939646 DWA Client of Employer 939669 Granite Client of Employer Reller-Spurgin 939759 D. Spurgin Spouse Councilmember Hodges stated that she would continue to abstain on warrants involving clients of employer, as it would be too time consuming to determine if each project involved the thresholds identified by the FPPC ruling. Council Minutes 3-3-99, Page 4 9. MO 6353 approving an agreement with Gardner, Carton &Douglas for lobbying efforts, for (144- tax deductibility for land lease payments, similar to mortgage interest payments, not to exceed 001) $9,000 including$1,000 for expenses,A4077. ADDED STARTERS: None ' REPORTS &REQUESTS: CITY COUNCIL reports or requests a) Councilmember Hodges requested update on status of landscaping the Mid- Valley Parkway. PUBLIC reports or requests a) Darrell Meeks, Morongo Valley, questioned whether changing the scope of services, or the scale of work to be performed on Item 1 (WWTP Rate Study) (127- necessitates rebidding the project, since other bidders should have the same 001) opportunity to come back with changed prices. He stated that other speakers under Public Comments presentations have been allowed additional seconds to finish statements, and he did not think it fair to cut off Mr. Sroda. b) Dick Sroda, resident, stated he felt discriminated against by the Mayor cutting him off after three minutes under his Public Comments presentation, and he felt it was unfair. c) Don Frank, resident, stated that three minutes is not enough time in which to say what needs to be said; that he met with Jeremy Crocker's sons, and they are very anxious to find their father; that it has been said they received no help from the Council, the police or anyone else; and he thought. the Council was "whitewashing" it. d) Fred Ebeling, resident, expressed his opinion that citizens like Mr. Meeks, Mr. Frank, and others who come to express views of what some; people think, should receive a plaque for doing so. STAFF reports or requests a) Director of Communications reported that the Black History Month Parade was video-taped, and would be rebroadcast. b) Director of Finance reported that ad hoc committee of finance directors in the Valley met to develop recommendations to assist Desert: Hot Springs in its (061- financial crisis; that one recommendation is that it needs to have some specific 023) financial help in terms of cash flow analysis and long-range planning for next fiscal year, and beyond; that each city consider paying $5,000, designated for hiring either a former finance director or CPA, to do such planning; and that staff is seeking Council's direction in that regard. Councilmember Oden questioned whether the City could legally make such a contribution, and requested that the issue be placed on an agenda. ADJOURNMENT There being no further business at 7:50 p.m., Mayor declared the meeting adjourned. (;)UDITH SUMICH City Clerk