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HomeMy WebLinkAbout1999 - MINUTES - 10/20/1999CITY OF PALM SPRINGS CITY COUNCIL MINUTES OCTOBER 20, 1999 A Regular Meeting of the City Council of the City of Pahn Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, October 20, 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, Reller-Spurgin, and Mayor Kleindienst Absent: Councihnember Oden The meeting was opened with the Salute to the Flag, and an invocation by Dr. Jim Tom, United Methodist Church of Palm Springs. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on October 15, 1999. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PRESENTATIONS: Red Ribbon Week - Boys and Girls Club HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency, APPROVAL OF MINUTES: ' It was moved by Hodges, seconded by Barnes, and unanimously approved, Oden absent, that the Minutes of September 15 and 29, 1999 be approved. PUBLIC HEARINGS: IA. RIGHT-OF-WAY VACATION -SUNRISE WAY AND SUNNY DUNES ROAD On September 15, 1999, Council set this date for hearing to declare its intent to vacate its right, title and interests in a portion of the right-of-way dedicated for those streets known as Sunrise Way and Sunny Dunes Road in Section 24, T4S, R4E. City Manager requested the matter be continued to November 17, 1999. Mayor declared the hearing open. Motion to continue the matter was presented; after which, it was moved by Barnes, seconded by Hodges, and unanimously carried, Oden absent, that the hearing be continued to November 17, 1999. PUBLIC COMMENTS: a) Comments concerning item 3: ' Reverend Patrick O'Brien, P.O. Box 2945, stated that the issue of hate crimes, and victims of hate crimes must be addressed; that the situation is out of control; that the police department is not handling the situation in the proper manner; that his partner had been assaulted; that the incident report should have been handled differently; and that the City needs to take action. Dean Steven Kaufman, Chairman of Human Rights Commission, stated that item 3 does address the handling of hate crimes and requested Council approval ,, a�'4 Council Minutes 10-20-99, Page 2 in hate crimes; that this will the community; and added personnel on the issue. let all know that the action will not be tolerated by that funds need to be budgeted for training city b) Comments concerning item 6: Reginald Hall, 898 Gateway Drive, requested Council approval of the item and (081- added that long, hard work has been put into the project and thanked Council for 004 ) the support. c) Comments concerning item 9: Mark Richards, 455 N. Hermosa Drive, expressed his concern regarding the Airport Grand Opening costs; that more detail is needed; that a fireworks show is (051- not necessary; that moderation should be exercised; and added that Kirk and Ann 104 ) Douglas has moved to Montecito and some type of recognition should be given to the Douglas's for all their community efforts. d) Comments on matters not on the agenda: Helen Sisson, P.O. Box 9137, Vice President of Government Affairs, Chamber of Commerce, stated a public forum for the Council and Mayoral Candidates will be held on October 22, 1999, in the Council Chamber from 7 to 9 p.m.; that Marshall Gilbert will be the moderator; that the public is invited; and that the forum will be televised on Channel 17. Wendy Busig-Kohn, 591 N. Belardo, read a prepared statement, copy of which is on file in Office of the City Clerk; and extended an invitation to the public concerning a Council and Mayoral Candidate forum to be held on October 24, 1999, at 6 p.m., in the Council Chamber; that the forum will be televised live; and that questions can be called in or sent via e-mail. Ernie Noia, 457 Santiago Way, commented on the City Manager resignation; and the loss to the community; and added that the Homecoming Parade was great; and complemented the Council on its quick action regarding the Market Fair project. Gladys McMillan stated she is a candidate for Mayor; and requested Council consider the City's ownership of a building located at 265 N. Indian Avenue; that the building should be demolished; and added that more compassion needs to be given to residents of the community. Rodell Henshaw expressed her support for Gladys McMillan for Mayor; that residents of Palm Springs should vote; and added that the three minutes allowed for public comment is too limited. Fred Ebeling, Palm Springs, stated that political advertising oil television is expensive, but the results show it can have an effect on who wins; that there has been a consistent decline in voter turnout for the past four years; that there will be a forum held on Sunday, October 24, and that citizens should tune in; and added that the next elected Council and Mayor may be more compassionate to the residents. Tim Ellis, 855 Panorama, expressed his appreciation of the efforts by the City Manager and the outstanding job he has done; and stated that the tourism industry stands ready to assist the Council in the selection of the new City Manager if needed. Eric Meeks, 1450 E. Mesquite, stated that the Council may wish to use the New York Times and Wall Street Journal in soliciting for a City Manager; and added that due t6 the concern expressed by the Historic Site Board and Public Arts Commission for the city's entry way signs, he might suggest the signs could be made into artwork and given to the Desert Museum; that the trees in the City should be retained, not destroyed, and recommended a "donate a tree" campaign; and endorsed Jim Jones for City Council. Council Minutes 10-20-99, Page 3 Ron Miller, 1750 Sharon Road, 320-0044, stated that there have been many programs instituted by the Assistant City Manager -Operations that have failed; that the Assistant City Manager -Operations did not participate in successful projects; and recommended the next City Manager be a "people" person. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmember Barnes stated the Airline Services Task Force met and determined an Airport Facilities Program may need to be implemented and moved to a higher level. Mayor Kleindienst reviewed upcoming events and added that the school crossing guard issue needs to discussed at an upcoming meeting. LEGISLATIVE ACTION: 1. WASTEWATER TREATMENT RATES Update on the status of review on wastewater rates. Assistant City Manager -Operations stated the interim report was not complete; that information is needed from Desert Water Agency; and introduced Greg Tilley, Integrated Utilities Group for further report. Greg Tilley reviewed handout, copy on file in Office of the City Clerk; and added that the purpose of the rate study was to design a rate methodology and computer model based on cost of service principles; and that the methodology did not violate Proposition 218; that the impact of the 15 year agreement is that the City will pay US Filter to operate and maintain the wastewater treatment and collection systems; that outstanding debt will be defeased; that a reduction in annual user charge will result; that the sewer connection fees will be reduced by 40 percent; that the in -lieu property fee will be eliminated; that on a comparison basis between the City and US Filter operating the Plant, the cost for operation is approximately $1.3 million dollars more for the City; that the City pays $2.2 million in annual debt service, and that it would be eliminated; and that the fees would be lowered. City Attorney questioned if the final recommendation would remain the same. Greg Tilley stated that there may be some refinement, but that the fee would be the same or lower to the consumer. City Council received report as given. 2. BUSINESS RETENTION AND EXPANSION PROGRAM Recommendation: That the Council approve and adopt the 1999 recommendations for policies and programs as part of the Economic Development Department's strategic work plan, under the Business Retention and Expansion Program (BREP). Director of Economic Development reviewed the staff report. Councilmember Reller-Spurgin stated that there is a shortage of professionals in certain fields; and that the recommendation will address that issue. Councilmember Hodges stated that the program will be an asset to the City; that this is the first step in addressing an issue that the Council has felt is foremost; and that effort should be made to find the funding needed to implement the goals of Economic Development. Councilmember Barnes requested approving all five recommendations in the program; and stressed that it is a plan to move forward. Councilmember Reller-Spurgin questioned how accountability would be measured. Director of Economic Development stated that if the recommendation is approved, the department will track the progress and report back to the Council on a quarterly basis. (127- 001) (085- 005) Council Minutes 10-20-99, Page 4 Councilmember Reller-Spurgin stated that the Department of Economic Development should be the point department involved as soon as a new project comes down. Mayor Kleindienst questioned the availability of funding. City Manager stated that the funding issues will be addressed at the October 27, 1999, quarterly budget review. City Attorney clarified that the resolution proposed will empower the department to get started, with additional funding to be determined. Resolution 19669 as recommended was presented; after which, it was moved by Hodges, seconded by Barnes, and unanimously carried, Oden absent, that R19669 be adopted. 3. ENFORCEMENT AGAINST HATE CRIMES Recommendation: That the Council adopt a Resolution asserting vigorous enforcement against hate crimes. City Attorney reviewed the staff report and added that the Human Right. Commission will continue to educate the Community regarding the matter; and that a message will be sent that there will be zero tolerance for hate crimes. Councilmember Reller-Spurgin concurred with zero tolerance Mayor Kleindienst stated that training and sensitivity on the issue was necessary and encouraged the Human Rights Commission to continue Community education on the matter. Resolution 19670 as recommended was presented; after which, it was moved by Reller- Spurgin, seconded by Barnes, and unanimously carried, Oden absent, that R19670 be adopted. 4. MUNICIPAL CODE AMENDMENT - SWAP MEETS Recommendation: That the Council amend the Business License Ordinance to reduce the tax for Swap Meets from $2.00 per vendor per day to $5.00 per vendor per year, with a minimum annual charge of $1060. Director of Finance & Treasurer reviewed the staff report, and in answer to question by Council, stated that Tel Phil was agreeable to the rate; that the company does have a good program in Costa Mesa; that the same type of program will be used here; and that sales tax will be spot audited. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3.84.365 OF THE PALM SPRINGS MUNICIPAL CODE TO CHANGE THE DAILY RATE TO AN ANNUAL RATE, TO CHANGE THE RATE REFERENCE FROM 3.90.210(AA)($2.00) TO 3.90.210 (E)($5.00), AND TO SET A MINIMUM ANNUAL RATE OF $1060. after which, it was moved by Hodges, seconded by Barnes, and unanimously carried, Oden absent, that further reading be waived and the Ordinance be introduced for first reading. (060- 027) (064- 003) Y� Council Minutes 10-20-99, Page 5 5. ORDINANCE FOR SECOND READING AND ADOPTION (Intro 10-6-99) City Clerk read Title of Ordinance 1573 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING (064- SECTION 3.84.020 OF THE PALM SPRINGS MUNICIPAL CODE TO DELETE THE 003) ' REFERENCE TO "QUARTER" YEAR, AND TO CHANGE THE RATE REFERENCE FROM 3.90.210(r) TO 3.90.210(p) after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, Oden absent, that further reading be waived and Ordinance 1573 be adopted. 6. 406-410 SAN RAFAEL ROAD STREET IMPROVEMENT COVENANT Recommendation: That the Council authorize the acceptance of a Street Improvement Covenant for the property known as 406-410 San Rafael. (081- 004) Assistant City Manager -Operations reviewed the staff report. Councilmember Hodges stated that there have been good improvements made to the property and an acceptable method for continued support. Councilmember Barnes concurred with Councilmember Hodges. Mayor Kleindienst stated that intent to improve the property has been shown and that now the improvement has become a reality. Minute Order 6507 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, Oden absent, that MO6507 be adopted. 1 7. ADDITIONAL LEGISLATIVE ITEMS: None. CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. 8. Res 19671 approving nine pre -qualified general contractors to bid in Step IJA of the (051- residential sound insulation program, CP99-04; and authorizing staff to issue the Step HA 100 ) Invitation to Bid to said contractors. Abstain: Hodges -Client of Employer and Kleindienst-Prior FPPC ruling -Airport Master Plan. . 9. Res 19678 approve or ratify purchases related to the grand opening ceremonies of the (051- Palm Springs International terminal expansion project, not to exceed a total of $50,500. 104 ) (Revised). See item below. 10. MO 6508 approving an agreement to terminate agreement #612 between CA One (051- Services and the City of Palm Springs, in a form approved by the City Attorney. A4157. 034 ) 11. MO 6509 approving lease agreement with Anton Airfood, Inc., for food and beverage (051- concessions at the Palm Springs International Airport. A4158. (Lease to be provided at 034 ) meeting.) 12. MO 6510 approving lease agreement with Paradies Shops for retail concessions at the (051- ' Palm Springs International Airport. A4159. (Lease to be provided at meeting.) 034 ) 13. MO 6511 accepting "Nines and Elevens" sculpture project by James Jared Taylor, I11, (109- located at Demuth Park for a final payment of $7,459.95. 005 ) 14. MO 6512 approving ground lease with COX PCS Assets LLC, to install communication (113- equipment at the "Old Police Radio Building," for an, annual rental rate of $9,000, 007 ) effective January 1, 2000. A4161. Council Minutes 10-20-99, Page 6 15. MO 6513 approving purchase of one fully equipped Harley Davidson Motorcycle from (084- Palm Springs Harley Davidson for the Police Department for $17,221.92. 018 ) 16. MO 6514 approving purchase of eighteen portable radios from Motorola Inc., for the (084- Police Department, at a per unit cost of $2,401.55, plus delivery costs, not to exceed 018 ) $43,500. 17. MO 6515 approving Change Order #4, with G & M Construction to construct a skid pad (117- , and off -road recovery area to be used in conjunction with advanced driver braining, for 008 ) $19,850. A3902. 18. Res 19672 approving a cooperative agreement with the County of Riverside; to form a (123- Rule 20A Utility Underground District at the intersection of Indian Avenue/Garnet Road 035 ) and I-10; and establish a City District within the County of Riverside Rule 20A Underground District boundary map. A4160. 19. Res 19673 approving a loan to the Community Redevelopment Agency for $60,000 for (124- site acquisition costs by Linsu Development Company, LLC; and Res 19674 amending 108 ) the budget thereto. (See CRA b). 20. MO 6516 approving settlement agreement for $30,000 with Jesse Bridges and Kenneth (096- Moore. 005 ) 21. MO 6517 approving settlement agreement for $75,000 with Manuel Joe Loredo Jr., (096- Corina Moreno, Monique Marcella Moreno. 005 ) 22. Res 19675, 19676 and 19677 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: (086- 019 ) Councilmember Warrant # Payee Particular Nature of Conflict Hodges 946350 DWA Client of Employer 946351 946388 Chris Foster 946392 G & M Const 946399 Granite Const 946504 Pref. Plumb Reller-Spurgin 946557 Spurgin Spouse Resolutions 19671 through 19677 and Minute Orders 6508 through 6517 were presented; after which, it was moved by Barnes, seconded by Hodges, and unanimously carried, Oden absent, that R19671-19677 and M06508-6517 be adopted. 9. AIRPORT TERMINAL GRAND OPENING EVENTS EXPENDITURE Councilmember Hodges stated that airport funds must be expended for airport purposes; that the funds cannot be used to replace general funds; that it may be that some of the (051- items could be reduced for the opening, but the funding requested is not just for one 104) event; that the events are spread over six days; that there are different groups that attend each event; that the public event will be on Saturday; and that the costs could be re- examined to determine if less could be spent. City Attorney stated it was staff intent to include the food costs in the contract with the airport concessionaire; and that portion could be removed from Council consideration. Mayor Kleindienst clarified the sum at $25,000. Assistant City Manager -Operations expressed appreciation of Councilmember Hodges clarification; and added that a portion of the events will be funded through the bond issue, another portion through Corporate sponsors; and that the resolution could be revised to reflect approval of the Pyro Spectaculars for $10,000 and Anton AirFoods for $25,500. Resolution 19678 as revised was presented; after which, it was moved by Hodges, seconded by Barnes, and unanimously carried, Oden absent, that R19678 be adopted. Ci Council Minutes 10-20-99, Page 7 ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests ' 23. a) Public Art Commission Appointment -Term 6-30-2000 (060- It was moved by Kleindienst, seconded by Reller-Spurgin and unanimously carried, Oden 023) absent, that Harry Wick be appointed. b) Treasurer's Investment Report - August 31, 1999-Received for Filing (121- 002) PUBLIC reports or requests - Jim Jones stated the W WTP report was one-sided. STAFF reports or requests -None ADJOURNMENT There being no further business, Mayor declared t `meeting adjourned. PATRICIA A. SANDERS City Clerk r--