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Home My WebLink About1999 - MINUTES - 9/1/1999 CITY OF PALM SPRINGS CITY COUNCIL MINUTES SEPTEMBER 1, 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, September 1, 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-lSpurgin, and , Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag,and an invocation by Councilmember Oden. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on August 27, 1999. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities)-See items on Page 6 of agenda this date. PRESENTATIONS: Economic Development Award to Bird Medical Corp. California ID Technician Award HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: -No Business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the propose of convening as the Community Redevelopment Agency. PUBLIC HEARINGS: 1. VACATION-PORTION OF RIGHT OF WAY-SOUTH PALM CANYON ' Recommendation: That the Council approve vacating a portion of right-of-way on South Palm Canyon, south of Arenas Road, Section 15 T4S,R4E. Associate City Engineer stated that the portion of right-of-way proposed for vacation (145- consists of a ten-foot wide strip adjacent to Muriel's,located at the southeast comer of 001) Palm Canyon and Arenas Road;that adjacent to the property, Palm Canyon Drive has a total right-of-way of ninety feet; that the General Plan only requires eighty feet in this area; that it is the excess ten feet which is proposed for abandonment; that the Planning Commission did determine that the right-of-way vacation is consistent with the General Plan; that notices of the proposed vacation have been posted and sent to all public utilities; and that no protests have been received. Mayor declared the hearing open,there being no appearances the hearing was closed. Resolution 19633 as recommended was presented; after which, it was moved by Reller- Spurgin, seconded by Oden,and unanimously carried that R19633 be adopted. 2. '✓IP MOTORS Recommendation: That the Council approve the submission of an application for HUD Section 108 assistance for$1,000,000 for property improvements at VIP Motor Cars, Inc., 4095 E. Palm Canyon Drive. (085- 007) City Manager stated that the Economic Programs Manager has assumed the;duties of the ' Director of Office of Management and Budget. Acting Director of Office of Management and Budget reviewed the staff report and added that the item did require a public hearing; that the loan guarantee is through the HUD 108 program; that if the City authorized a loan, the Davis-Bacon requirements would be triggered resulting in higher development/construction costs; that this application is for a conventional type of loan; that the loan will be based on the strength of the dealership; that the Owner Participation Agreement will come to the Council at a later date; and in answer to questions of Council, stated that the loan guarantee, if defaulted by VIP would Council Agenda 9-1-99, Page 2 come from Community Development Block Grant Funds; that the full entitlement of those funds is$600,000; that the allocation needed would come from the capital portion,which is the larger part of the funds; and that all proper insurance required will be carried by VIP Motors. ' Mayor declared the hearing open,there being no appearances the hearing was closed. Councilmember Oden stated that this will be a good program, and that the City is moving in the right direction to encourage development. Councilmember Reller-Spurgin stated that there is a large amount of sales tax related to car dealerships. Mayor stated that this will be assisting a business to grow and remain in Palm Springs and questioned when the OPA would come back to Council. Acting Director of Office of Management and Budget stated that the OPA should come to Council sometime in October. Mayor requested a report concerning the remaining funds available in the 108 Program in the weekly report. Resolution 19634 as recommended was presented; after which,it was moved by Barnes, seconded by Oden,and unanimously carried that R19634 be adopted. PUBLIC COMMENTS: Comments on Matters not on the Agenda: a) Dennis Downs,WWTP,expressed his concern and opinion regarding the ' privatization of the Waste Water Treatment Plant. b) Fred Ebeling,Palm Springs,expressed his opinion concerning the possible mishandling of the lease with Gladys McMillan; and added that there may be a Department Head that should be released from service with the City. c) Don Frank,Palm Springs,stated that the Director of Transportation has not handled the parking situation downtown in the best manner; that there should be questions regarding the lack of communication, and why the Spa Casino is given free access to parking areas. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Mayor stated that there are funds available for existing businesses to obtain assistance in the conversion of diesel trucks to alternative fuel vehicles;that Waste Management Company received$4.5 Million; and encouraged Palm Springs businesses to take advantage of the offering. Councilmember Barnes stated that the City is receiving the SCQMD award for the 1999 Clean Air Award for its use of electric bicycles. LEGISLATIVE ACTION: 3. INDIAN AVENUE OVERHEAD SEISMIC RETROFIT (136- 027) Recommendation: That the Council reject the apparent low bid from Commercial 027) Diversified Inc.,as non-responsive,and award a contract to 4-Con Engineering Inc., for $186,462 for Indian Avenue Overhead Seismic Retrofit,CP96-43,A4135. Associate City Engineer stated this is a federally fanded project being administered through the Caltrans local assistance program; that the bridge retrofit design was performed by Caltrans;that the low bidder for the project counted its own work toward the State Certified Disadvantaged Business Enterprise requirement and did not claim any other company in its bid; that the low bidder was also advised a good faith effort statement concerning DBE was needed,but did not supply the required documentation Council Agenda 9-1-99, Page 3 within the time frame allowed; that the low bidder should be rejected as non-responsive, and recommended awarding the contract to 4-Con Engineering, Inc for$186,462. Mayor questioned if the project was being performed due to the Scenic Highway designation. Associate Engineer stated that it is the seismic retrofit program for bridges that received ' the designation. Councilmember Hodges questioned why the Engineer estimates were so low. Assistant City Manager-Operations stated that the overall estimates were obtained from a much larger project,resulting in a higher unit cost for the smallerjob. Minute Order 6470 as recommended was presented; after which, it was moved by Oden, seconded by Barnes, and unanimously carried that MO6470 be adopted. ADDITIONAL LEGISLATIVE ITEMS: 4. AIRPORT MARKETING PROMOTION Recommendation: That the Council authorize up to $30,000 with Palm Springs Life Magazine for the development of an advertising marketing promotional insert. (051- Assistant City Manager-Operations reviewed staff report, no further report was given. 074) Minute Order 6471 as recommended was presented; after which, it was moved by Reller- Spurgin, seconded by Oden,and unanimously carried,that MO6471 be adopted. CONSENT AGENDA: In answer to questions by Council,Director of Finance&Treasurer stated that item I 1 was ' ineligible for FEMA; City Manager stated that the damage was not declared an emergency; that (136- each time the damage occurs the emergency designation must be declared;that most of the damage 057) was to the cart path and El Cielo Road; and that staff would inquire as to retention of'the designation. In answer to questions by Council,Procurement Manager stated item 17 was not a local award; that local businesses could not guarantee next day delivery; and that the local stores did not have (084- the same resources as the proposed vendor. City Manager withdrew the matter. 018) In answer to questions by Council,Assistant City Manager-Operations stated item 9 was not alternative fuel vehicles;that these types of vehicles were not available in alternative fuel; that the proposed vehicle for the engineering department was needed as soon as possible; and that CNG vehicles were based in Kansas City. Councilmember Barnes suggested the use of the Crown Victoria CNG as an alternative,until CNG vehicles could be located. City Manager stated the matter would be withdrawn,pending further investigation of possible vendors for alternative fuel. 5. MO 6472 ratifying Change Order#1 with Granite Construction for a deduction of$8,100 for the airport noise berm project deletion of asphalt removal.A3992. Kleindienst abstain due to (051- prior FPPC Airport Master Plan ruling. Hodges abstain due to Client of Employer. 046) 6. MO 6473 approving Work Directive#27 with Gensler for$48,000, for additional task 3 ' review oversight activities for the airport terminal expansion project. A2781. Kleindienst (051- abstain due to prior FPPC ruling. 095) 7. MO 6474 approving an agreement with Words at Work for$9,000 for system analysis of the (099- Palm Springs Virtual Library. A4136. 001) Council Agenda 9-1-99,Page 4 8. Res 19635 approving one year time extension to Cs5.0741/PD246/TTM28507-Stanley (137- Broxmeyer, for Recreational Vehicle Park and related facilities located at the northeast comer 104) of Highway 111 and Gateway Drive, R-1-C,Zone 34. 9. MO-----approve purchase of one Ford Taurus for$17,387.62 and one Ford Windstar Wagon ' for$23,808.44,total $41,196.06,through cooperative purchase with the County of Riverside from Ramsey Street Ford,Banning, CA. CM withdrew. 10. MO 6475 rescinding MO6290 approving donation of funds assignment agreement between (115- Variety Children's Charities of the Desert and Miracle Recreation Equipment Company. 003) A4053 &4054. 11. MO 6476 approving payment to James 0. Rue Construction Company for$34,766.76 for (136- costs incurred due to storm damage on July 12, 1999, on Vista Chino, Araby,El Cielo and 057) related repairs for the golf cart path and sidewalk along El Cielo Road; and Res 19636 (061- amending the budget therefor. 027) 12. Res 19637 approving agreement with Mary Epsteen for the acquisition of real property for (136- $5,800 for right-of-way on Gene Autry Trail, MVP Phase 2,Airport Extension, CP99-13. 006) A4137. 13. MO 6477 ratifying amendment#1 to Earth Systems Consultants Southwest agreement for (136- $7,116 for the Palm Canyon Rehabilitation Project,total amount$10,816, CP99-02. A4109. 030) 14. MO 6478 approving amendment#1 to Counts Unlimited for$1,787 for city-wide traffic (136- volume counts,total amount$10,787,CP97-17. A3887. 060) 15. MO 6479 approving amendment#1 to Sanborn AB for$3,575 for surveying and staking (108- services at the Lobster Co. Parking Lot,total amount$13,575, CP98-15. A4029. 004) ' 16. MO 6480 approving purchase of 20 Sony Mavica Floppy Disk Digital Cameras for$12,000, (113- for the Palm Springs Police Department. 007) 17. MO----approving purchase of office supplies from Boise Cascade,Garden Grove for a period (084- of one year,with two-one year renewal options, annual cost not to exceed$125,000, 018) participating in the Riverside County Participation Agreement. City Manager withdrew. 18. MO 6481 rescinding MO6469 conditionally awarding contract to Commercial Diversified for (051- $93,000 for Palm Springs International Airport restroom remodel. A4128. 104) 19. Res 19638, 19639, 19640 and 19641 approving Payroll Warrants and Claims &Demands. Note abstentions, if any: Councilmember -Warrant# -Payee -Particular Nature of Conflict Hodges 944252 Bldrs Sply Client of Employer (086- 944701 019) 944310 DWA 944750 944339 G &M 944778 944786 Granite 944899 Preferred Plmb Reller-Spurgin 944526 Spurgin Spouse 944942 Resolutions 19635 through 19641 and Minute Orders 6472 through 6481 were presented; after which, it was moved by Bames,seconded by Oden, and unanimously carried,with noted abstentions,that R19635-19641 and MO6472-6481 be adopted. Council Agenda 9-1-99,Page 5 ADDED STARTERS: None REPORTS &REQUESTS: DEPARTMENTAL reports or requests: ' a) Treasurers Monthly June 30, 1999-Reed&Filed (121- 002) CITY COUNCIL reports or requests: Oden: Reported cars&other vehicles parked on Vista Chino &Gene Autry for sale; request update by City Attorney regarding Human Rights and Dignity Ordinance Hodges: Discussed"for sale"signs posted on property which is not for sale-suggested contacting Board of Realtors to assist with sign removal. Requested update on possible changes in policy of parking lot lighting in City(Plaza Mercado,P.S. Mall). Mayor: Requested copy of Zoning Ordinance re:parking lot lighting and who is requesting additional lights. Barnes: Reported truck vans being used as billboards at I-10 and Indian Avenue PUBLIC reports or requests-None STAFF reports or requests: City Manager reviewed handout concerning upcoming security of City Hall. Police Chief Wiegel reviewed"Active Shooter Program"training offered by Police Dept. City Manager announced Workshop scheduled at the Hyatt at 5:15 p.m. on September 21, 1999. ADJOURNMENT: There being no further business,Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk 1