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HomeMy WebLinkAbout1999 - MINUTES - 6/2/1999 01- ' e^ CITY OF PALM SPRINGS CITY COUNCIL MINUTES JUNE 2, 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, June 2, 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 Rev. Dr. Florence Phillips-Church of the Religious Science REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on May 28, 1999. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities)-See items on Page 4 of agenda this date. PRESENTATIONS: PSHS Student Body Report Proclamation to Tanisha Tatum of PSHS Student Body HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY-No Business PUBLIC HEARINGS: 1. SEWER SERVICE CHARGES Recommendation: That the Council elect to have sewer service charges for fiscal year ' ending June 30, 2000, collected on the tax rolls (pursuant to Ord. 1111). This is time set (140- for hearing. Director of Finance highlighted his memorandum, noting that these type of 003) charges have been placed on the tax rolls since 1981. Mayor declared the hearing opened. Eric Meeks, resident, commented on placing such charges on the internet. There were no further appearances,and the hearing was closed. Resolution 19524 as recommended,was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried that R19524 be adopted. PUBLIC COMMENTS: a) Comments on matters not related to an agenda item: Art Woolston, Cathedral City, commented concerning a parking ticket he received, and the follow-up experience he encountered, which resulted in his being told he would receive a refund; however, it has been 41 days since that time, and he has not received it. He was referred to the Assistant City Manager- Administration. ' Don Frank, resident, commented on VillageFest relocation during the summer when street construction will occur, and his impression that it was "catering" to the Tribal Council and its casino; and that the area north of Alejo ILoad should be looked at as a better location, and one which would help local businesses. Eric Meeks,resident, reiterated his comments concerning a website and use of the intemet for providing City services, which he felt could result in a $4 million savings to the City. Council Minutes 6-2-99,Page 2 b) Comments concerning Items 2 and 13: Dick Sroda, resident, stated that the person's salary in item 13 would be doubled, and is more than Police Officers make; and that concerning the budget, the (099- Council has increased the number of employees in the past two years, and 001) administrative expenses are up 17%; and that he felt the Council's record was (061- "shoddy" and he questioned how it will be able to ask the voters to continue the ) utility tax. Darrell Meeks, Morongo Valley, read the language of the utility tax advisory question; and stated that the ballot argument was signed by the Council, and stated that it was not the intent to make the tax permanent. He also expressed opinion that it was outrageous to move the VillageFest during street reconstruction to the area adjacent to the casino, and suggested it be Uptown instead. c) Comments concerning Additional Legislative Item No. 1: Basil Chapman, attorney for the property owner, explained that the owner has invented a new "game" called "rollercross" and patented the unique playing area (157- field design; that he has created a 1/5 scale version of the "field" for 015) demonstration purposes, and through the Planning Commission, an agreement has been worked out whereby the owner will remove the structure, and will be given the opportunity for two 30-minute demonstrations before it is torn down. 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 requested a status report on the closure of Palm Canyon Drive during reconstruction; announced his chairmanship of the Mobile Source Reduction Committee, and grant funds that will be available; and reported on RCTC recently approved grant funding for the Gene Autry bike and sidewalk project, as well as some work on Indian Canyon,with final action expected in July. LEGISLATIVE ACTION: 2. 1999-2000 BUDGET (This item is set for public hearing at an adjourned meeting to be held June 9, 1999). City Manager highlighted his budget message, contained in his memorandum dated June (061- 2, 1999, noting that items referred to as "in-kind" costs for projects not funded, will be 027 ) removed. Councilmember Hodges requested that the "unfunded" projects be delineated at the hearing. Councilmember Reller-Spurgin inquired as to the status on an RFP for insurance coverage. City Manager noted that the RFP process has begun, which covers all insurance, and following the RFP process, it would take about 60 days before any change would take effect; and that there are policy decisions to be made along the way. He also stated that in addition to the June 9 budget hearing, he hoped the.Council on its study session agenda will discuss potential ballot measures; and that a parallel budget might be worth targeting in the event there is no utility tax continuance. He also responded to question concerning the Motor Vehicle In-Lieu fee from the State, noting that under current arrangements, the Council Minutes 6-2-99,Page 3 City should not be impacted, because the state has substituted the funds, but it should be checked again. Councilmember Oden stated that the Council identified economic development as a key issue four years ago, and no funds have been allocated to such issues, and he wanted to include discussion as to what progress has been made, how it relates to the Council's expectations, and where it wants to go in the future. ' City Manager stated it would be a good idea to have the P.S. Economic: Development Corp. report on how City funding is matched by the private sector, which may lead to conclusion that there is more "bang for the buck" than before. He also stated that concerning the redevelopment project area boundaries, the current discussion does not change the physical boundaries, but would result in consolidating the areas for accounting purposes; and that the boundary expansion of the areas is more complex and is intended for discussion at a later date. Adjourned at conclusion of meeting to above date at 7 p.m. 3. ZONE CHANGE 5.0808 -(BERGHEER)- SECOND READING &ADOPTION City Clerk read title of Ord 1572, amending the zoning map to provide a change of zone from R-1-AH to R-113 on north side of Pasco El Mirador, between Paseo de Anza and (149- Avenida Caballeros, which was introduced May 18, 1999; after which it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that further reading be waived, and Ord 1572 be adopted; Hodges abstained, due to proximity of residence. 4. 1999 GENERAL MUNICIPAL ELECTION Recommendation: That the Council adopt resolutions concerning the 1999 General Municipal Election; and consider options to resolve tie-votes. City Clerk reviewed her (083- ' memorandum,noting that procedural resolutions would result in the call for the election at which two members of the City Council, and the Mayor, would be elected;that candidates would be restricted to inclusion of a 200 word candidate statement in the sample ballot; and that if the Council desired to change the current policy concerning tie votes, direction needed to be given in order to prepare the appropriate resolution Resolutions 19525 calling election and Resolution 19526 concerning candidate regulations, were presented; after which, it was moved by Oden seconded by Barnes, and unanimously carried that R19525 and 19526 be adopted. Following discussion concerning tie votes, and explanation as to what would constitute a tie vote, it was the consensus of the Council that a stand alone election cost of$55,000 would be very costly, and that such a tie vote should be resolved by drawing lots; after which the City Clerk was directed to prepare a resolution restating the policy for the following election. ADDITIONAL LEGISLATIVE ITEMS: (Satisfied agenda posting requirement; materials provided at meeting). Al. 750 N. VIA MIRALESTE(EDEN)- REMOVAL OF TEMPORARY STRUCTURE Director of Planning & Building stated that an appeal was scheduled before the Administrative Appeals Board, but due to lack of quorum, it was not held; that the (057- owner applied to the Planning Commission for a determination, and the subsequent 020) ' action resulted in an agreement proposal to remove the structure, which is bigger than the tennis court fencing at 10-ft; that the neighbors have complained, to the point of having called the Police Department; that the proposed 60-day period would commence May 1.1; that the applicant has requested an extension to 90 days, in the event there is interest in the product at the end of the 60 days, there would be time in which to arrange a demonstration; that he felt certain such an extension would be requested if such an option is included in the agreement, and staff recommended, that J Council Minutes 6-2-99,Page 4 the time period be a flat 90 days without any extension; that additional conditions be imposed, i.e., that the City shall have the right to come onto the property and remove the structure, if the owner does not do so; that hours of demonstration (which are limited to two 30-minute events during the 90 days) be limited to 10 a.m. to 4 p.m., weekdays; that an irrevocable letter of credit or deposit be posted to guarantee ' removal; and that the final document be in a form approved by the City Attorney. City Attorney stated that in granting the 90 days, with the right to enter the property and remove the structure, the idea is to make it clear to the property owner that the Council is very concerned about this matter, and that no further delays or obstacles will be permitted to allow dragging on the time period; that there is no reason why the owner cannot remove it within the 90-day period; that the full expense will be born by the property owner. Councilmember Reller-Spurgin stated that given Dr. Eden's schedule, Saturdays might be a better opportunity for the demonstrations. In response to this comment, Mr. Chapman stated that Dr. Eden's needs to bring Fox and Paramount studio representatives to see the demonstrations, which are limited to no more than two, and no more than 30 minutes each, and a Saturday is the only time he can reasonably get those people to come to Palm Springs; and that 10 a.m. to 4 p.m, is acceptable. In response to question by Council, Director of Planning & Building stated that the neighbors made the suggestion which served as the general basis for the agreement, and that the added conditions are more restrictive; that the initial request of the owner was for 60 days, with a option to extend another 30 days; that rather than spending a lot of time dealing with the extension,the staff felt that a flat 90 days, with no change ' in the number of demonstrations, and no options for extensions would be granted; that staff felt less concern about the 90 days because of the impending summer. He stated that of the two most directly effected property owners, one favors the agreement and the other does not like any of it. A4108. Councilmember Oden stated that'he was sorry as to how this matter came to the Council; that the game provides a potential opportunity for young people's recreation; and that he hoped the City would have been approached more directly. MO 6414 approving the agreement with Dr. Robert Eden for removal of a temporary structure on tennis court at 750 N. Via Miraleste, subject to revisions including added conditions recommended, and subject to approval by the City Attorney, but to allow the two demonstrations to be conducted daily, except Sunday, 10 a.m.to 4 p.m.,for a total of 90 days with no further extensions. CONSENT AGENDA: Comment Concerning Item 14: In response to comment by Council that the amount of award exceeds budget funds,City Manager stated that he will first seek use of CDBG for the needed (117- funds, and then other alternatives to the General Fund, and would report back to the Council. 032) Comment Concerning Item 17: Councilmember Oden stated he was pleased that the City was (057- proceeding with the asbestos removal,and that there should not be any agreements at this point to ) not proceed with demolition of these structures, which have not only been a big eyesore, but a health and safety hazard as well, and he favored moving aggressively forward. 5. Res 19527 and Res 19528 declaring intent to levy and collect annual assessments for 1999-00, and setting July 7, 1999, for hearing thereon for Street Lighting Maintenance Districts SLMD 1 (056- and 2. 021 022) Council Minutes 6-2-99, Page 5 6. Res 19529 declaring intent to levy and collect annual assessments for 1999-00,and setting July (056- 7, 1999,for hearing thereon for Street Lighting Maintenance District(SLMD)3. 007) 7. Res 19530 declaring intent to levy and collect annual assessments for 1999-00,and setting July (056- 7, 1999,for hearing thereon for Street Lighting Maintenance District(SLMD)4. 008) 8. Res 19531 declaring intent to levy and collect annual assessments for 1999-00, and setting July (138= , 7, 1999, for hearing thereon for Parkways Maintenance District(PMD)6A,6B and 6C. 006) 9. Res 19532 declaring intent to levy and collect annual assessments for 1999-00,and setting July (138- 7, 1999, for hearing thereon for Parkways Maintenance District(PMD)7. 002) 10. Res 19533 declaring intent to levy and collect annual assessments for 1999-00,and setting July (138- 7, 1999,for hearing thereon for Parkways Maintenance District(PMD)8. 003) 11. Res 19534 declaring intent to levy and collect annual assessments for 1999-00,and setting July (138- 7, 1999,for hearing thereon for Parkways Maintenance District(PMD)9. 007) 12. Res 19535 and 19536 approving Payroll Warrants and Claims&Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict (086- Hodges 942403 Bldrs Supply Client of Employer 018) 942456 DWA Client of Employer 942457 DWA Client of Employer 942497 Granite Const Client of Employer 942605 Pref Plumbing Client of Employer 13. See Item 19. 14. MO 6415 awarding contract to Contreras Construction Co., for$208,024,for the Mizell (117- ' Senior Center Parking Lot, CP 98-16, a CDBG funded project,A4107. 032) 15. Res 19537 authorizing destruction of certain Finance Department records, dated prior to July (151- 1, 1995. 001) 16. MO 6416 approving Change Order No. 1 to contract with Granite Construction to relocate (136- Farrell Drive, for an increase of$40,000 (90%FAA grant funded)relating to a block wall and 025) roadway elevation,A4073. (057- 17. MO 6417 through 6421 approving amendments to contracts with Infotox, Inc., in amounts not 013 to exceed the following: Agr 3986- $3,057.50; Agr 4069&4070-$3,027.50; Agr 4071 - 014 $3,762.50; and Agr 4072 - $4,462.50 for asbestos abatement and demolition at 5 locations,CP 016 017 98-05, 018) 18, MO 6422 authorizing expenditure of$20,000 to be split with the Agua Caliente Band of (144- Cahuilla Indians for continuation of legislative effort to allow lease payments on Tribal Trust 001) Land and allotted land to be tax deductible,A4077. It was moved by Reller-Spurgin, seconded by Barnes, and unanimously carried,that Resolutions 19527 through 19537 and Minute Orders 6415 through 6422 be adopted, with abstentions as noted, and with instructions that CDBG funds be sought for added funds concerning Item 14, or other alternative to General Funds. ' Council Minutes 6-2-99, Page 6 19. LIBRARY CENTER- VIRTUAL UNIVERSITY CONSULTANT Recommendation: That the Council approve first amendment to Agr 4036 with Sandra Graves,to add hours and services concerning the Virtual University, for an increase of _ $2700 per month from June 2 through September 30, 1999. (099 001) ' City Librarian reported that the consultants number of hours will double,thus doubling the amount of the contract, from 20 hours to 40 hours;that the added time is covered by the LSTA grant,which was mainly for salaries in this phase of the program;that the contract will be reviewed in October, and there is no guarantee that it will be renewed; that the former City Librarian spent a considerable amount of time on the program, and the added hours will assist her, i.e., in writing the new grant proposal for$225,000,and planning some of the marketing activities to attract the students. She stated that the contract does not provide any fringe benefits. Mayor noted the time and energy spent by the former City Librarian, and that further work cannot be done because there is not enough staff;that Microsoft has provided a further donation of "boxes" of software at no cost to the City,and it is important to move to the next step in developing the VU. Councilmember Hodges stated she felt the amount was outrageous, and that a full-time position could be funded for that amount of money, and she could not support the recommendation. MO 6423 as recommended,was presented; after which, it was moved by Oden, seconded by Barnes, and carried by the following vote,that MO 6423 be adopted.: AYES: Barnes, Oden and Kleindienst NO: Hodges and Reller-Spurgin ' ABSENT: None ADDED STARTERS: None REPORTS &REQUESTS: 20. PUBLIC NUISANCE ABATEMENT PROCEEDINGS &ACCOUNTING REPORTS a) Received for filing Public Nuisance Abatement Proceedings&Accounting Reports for 50 public nuisances, city-wide. City Clerk to set hearing date for July (057- 7, 1999. ) CITY COUNCIL reports or requests a) Board&Commission Appointments/Reappointments. Mayor announced the following appointments, which were approved upon motion by Reller-Spurgin, seconded by Oden: All terms 6-30-02,unless noted Airport: Herb Franson (060- Michael Lovet 001) Gerald Freidin Board of Appeals(Building): (060- Chris Foster(no term) 001) HSPB: Tracy Conrad (060- Hal Meltzer 011) Council Minutes 6-2-99, Page 7 Human Rights: Denise Goolsby (060- Sylvia Zlenys 027) Goldman Jacobs Library: , Milt Levinson (060- Gay McCabe 6-30-00 012) Parks &Recreation: Samuel Hankerson (060- J.M. Evosevich 021) Rochelle Saunders Ron Loya, 6-30-00 Public Arts: Sally Rippingale (060- David Aiken 023) Rent Review: Paul Parry (060- Louis Sabers 016) Tramway Board: Virginia Gann Carter, 9-19-03 (060- Lloyd Maryanov,9-19-03 017) b) Councilmember Oden requested that a domestic partner ordinance; be placed on the agenda for discussion, i.e., as revenue generator. c) Councilmember Hodges requested status as to the P.S. EDC, in that the Council ' only receives minutes of meetings, and perhaps it could include information in the weekly report the Council receives for other departments. She also requested that the matter of relocation of VillageFest be brought to the: Council for discussion. PUBLIC reports or requests-None STAFF reports or requests-None ADJOURNMENT: There being no further business at 9:15 p.m.,the Mayor declared the meeting adjourned to Wednesday,June 9, 1999 at 7 p.m., preceded by Closed Session at 5 p.m. i "JiJDITH SUMICH- City Clerk