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HomeMy WebLinkAbout2000 - MINUTES - 2/16/2000 CITY OF PALM SPRINGS CITY COUNCIL MINUTES February 16, 2000 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, 3200r Tahquitz Canyon Way, on Wednesday, February 16, 2000, 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 Jones, Hodges,, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Lavita Dillman, Chapel on the Way. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on February 10, 2000. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities)- See items on Page 5 of agenda this date. PRESENTATIONS: Raymond Baca, Human Rights Commission 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. PUBLIC COMMENTS: a) Comments on item 2: Shelly Saunders, 2295 Tamarisk, Chair of the Palm Springs Skate Park Committee, stated that the committee is seeking a community involved project; that there are a lot of citizens involved in the effort:; that the committee is not seeking City funding; that this new generation needs activities; that the downtown is not the place for skateboarding; that this will allow the kids to have a place to go and requested Council support of the endeavor. Jim Barrial, Parks & Recreation Commission, stated that the Commission does endorse the concept of the skate park; that other cities do have this type of activity for its kids; and that this should not be a problem, but a solution. Council Minutes 02-16-00, Page 2 ' Mathew Tahlala, Palm Springs, stated that it is time to do something for our kids; that the committee has been working on the concept of the skate park for over one year; that various sites have been examined; that Sunrise Park has been deemed the best central location; that it is between the Boys & Girls Club and the Library; that the effort will be totally private funded; that the request is for the Council to approve the site and endorse the concept. Nancy Carr, Police Department, stated that there is a problem finding youth activities in the City; that this park will allow the kids to have a place to go and to do what they want to do; that the park will be safe and maintained for the kids; that the City is growing; that there are more families locating here; and urged the Council to approve the concept. b) The following were comments on matters not on the agenda: Wendy Busig-Kohn, Palm Springs, read a prepared statement on trust and respect, copy on file in Office of the City Clerk. Fred Ebeling, Palm Springs, stated that each time a controversial issue comes up, the PSCTV cannot show the replays for one reason or another; that the City has been violating his First Amendment rights and that he plans to file suit against the City. ' Gary Ehlers, City employee, stated that a City employee, Elmer O'Dell, passed away; that in Mr. O'Dell's honor a Laughlin Turn Around would be held; and urged the voters to vote yes on Proposition 30 and 31. APPROVAL OF CONSENT AGENDA: Items 8 to 19. It was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, that items 8, 9, 11, 12, 13, 15, 17, 18, 19 be adopted. The following item was pulled from the Consent Agenda and discussed separately. 16. WIRELESS WIDE-AREA NETWORK-FIRE DEPARTMENT Fire Chief reviewed the staff report and added that the acquisition would be more cost effective than telephone lines; and in answer to questions by Council stated that currently it is not easy to transmit data over the servers; that even though fire trucks will still run, the current system is not effective; that data is lost; that the ISO rating will not be directly affected; that the 911 calls should not be affected; and that this item deals with reports and reporting requirements. Mayor stated that PSHS did request the same type of system to allow communication between all sites; that the technology is available; that the ' Council has stated it wants this type of technology; that even though this is not a safety issue, it is an issue of efficiency; and questioned how this would affect the budget. Council Minutes 02-16-00,Page 3 City Manager stated that the funding is available in the budget. , Councilmember Hodges stated that the new budget will take effect in four months, and questioned if the matter could wait. Councilmember Jones stated that if the funding is not given now, it could be budgeted in the next year's funding. Mayor stated that the item would cost$50,000, whether it is in this budget or next year's budget; that the budget could be amended now to allow the department to operate in the most efficient manner possible; and added that the system is needed now. Councilmember Reller-Spurgin stated that the questions by Council should not be construed as being against the Fire Department; that the City is facing a deficit; that questions need to be asked; that the Desert Sun did belittle the Council in budget matters; and that the Council does need to be fiscally responsible. Resolution 19750 amending the budget for $50,000 to acquire a wireless wide- area network for the Fire Department was presented; after which, it was moved by Hodges, seconded by Oden, and carried by the following vote that R19750 be adopted. AYES: Hodges, Oden, Reller-Spurgin and Kleindienst , NO: Jones. PUBLIC HEARINGS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: a) Councilmember Hodges requested the City determine if the Time Capsule located at the Police Department could be deeded to the Palm Springs Police Officers Association. b) Councilmember Jones stated that staff should not use City letterhead to promote or oppose State ballot measures. c) Councilmember Oden requested the number of volunteer hours City employees give to the Community. 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. 1 Council Minutes 02-16-00,Page 4 ' LEGISLATIVE ACTION: 1. PALM SPRINGS TENNIS CENTER Recommendation: That the Council approve a lease with Collas Enterprise, Inc., for the operation of the Palm Springs Tennis Center, 1300 E. Baristo Road, for a term of six years with 2 two-year options and amend the budget for $35,000, for facility improvements. A4200. Director, Department of Facilities, reviewed the staff report and added that the matter was discussed in the last study session; that Collas Enterprise, Inc. does operate three other facilities in the valley; that the first year proposal does not include tournament or lead play; that the business will be starting from the ground up; that the payback to the City won't come until about the fifth year; and that costs are split between the City and the lessee for water, landscaping and the like. Councilmember Hodges questioned if the property was turned over to the school district, would it have to be in Al condition; that in her opinion, the City has not been successful with the operation; and that the school would likely be delighted to get it. Director, Department of Facilities, stated that the school district was looking at a location for tennis at Sunrise Park; that currently there is an unmet need at the ' school for tennis and that the location of the Tennis Center is considered too far away from the school for the students. Councilmember Oden questioned wh6t type of data has been compiled on the unmet need. Mr. Collas stated the data is from 1983; that all facilities within the Coachella Valley were reviewed; that there are not that many facilities available to the public; that there are leagues that do play, but are not open to all residents; and that this Center would be tailored to the local and junior residents of the City. Councilmember Jones stated that he had a long history with the Tennis Center; that his own children did take lessons at the facility; that the Center has been supportive of the general public and local residents. Mayor stated that it seemed that there are not enough tennis courts available for public use; that there are courts available at Ruth Hardy and Demuth Parks; that the Tennis Club, Hilton and Riviera and the Racquet Club do have facilities for private play; that the location of the Tennis Center is one block further from the school than the proposed location at Sunrise Park; that it seems to be a natural for the school and questioned who determined the center was too far. Director, Department of Facilities, stated that the school district determined it ' would be too far for students to walk; and introduced Craig Bordo, PSUSD. Council Minutes 02-16-00,Page 5 Mr. Bordo stated that the situation is that the Tennis Center would be used for ' physical education; that it is too far to walk and too close to bus; that gym class is too short to allow that great of a walking distance; that the: high school does not have room for a facility within its campus and that the district was hoping for a facility to be located at Sunrise Park. Mayor stated that there is a joint use agreement in place between the City and the school district; that the partnership should allow for a sharing of costs; and questioned if the school would be willing to share those related costs. Mr. Bordo stated that he was not sure what position the school would take, but would bring the matter to the attention of the authorities. Minute Order 6575 and Resolution 19751 amending the budget as recommended was presented; after which, it was moved by Jones, seconded by Oden and carried by the following vote that MO6575 and R.19751 be adopted. AYES: Jones, Oden and Reller-Spurgin NO: Hodges and Kleindienst 2. PALM SPRINGS SKATE PARK Recommendation: That the Council adopt a Resolution of Support, endorsing the construction of a public skate park located in Sunrise Plaza and allow the use ' of the City's tax identification number to raise private funds for construction of the facility. City Manager stated that the matter should be referred to the Library Board for input. Director, Department of Facilities, reviewed the staff report and added that many sites had been reviewed, that some were eliminated from consideration due to the location; that the park needs to be located where the activity is occurring, or close proximity; that questions concerning liability had been raised; that AB1296 did alleviate those concerns; that in fact it dealt with public liability in extreme sports; that in essence the City is not liable just because a facility has been provided; that the kids would police themselves; that they know if there is trouble, the park would be shut down; that there will be requirements for helmets and pads; that these types of facilities are usually safer than kids using the streets; that in some Cities there are safety courses the kids are inquired to take to use the park; and that the Committee is requesting that the Council endorse the concept and location proposed. City Attorney clarified that in terms of the State Law, AB1296 referred to skate boards, not in line or rollerblading; that it also applied to those over 14; that there may need to be supervision of some sort; and that there are more liability issues than are being portrayed. , Council Minutes 02-16-00,Page 6 Director, Department of Facilities, reviewed site plans. Councilmember Jones questioned if a larger facility was used, would trees have to be removed. Director, Department of Facilities, stated that some trees would have to be removed; that it would be necessary to put a buffer in place; that the library has indicated some concern with noise; but that there should not be a problem with a buffer in place. Councilmember Hodges questioned the layout in Palm Desert and whether the Parks & Recreation Commission did approve the concept. Director, Department of Facilities, stated that the current site in Palm Desert is 15,000 square feet; that it is being added to; that the expanded site will be 20,000 sq ft.; that the area is gated, supervised and all participants must sign in and are required to attend a safety program before using the facility; and that the Parks & Recreation Commission did approve the site at its proposed location at its last meeting. Councilmember Hodges stated that this type of facility is needed, but that the location may not be the best; that it is central, but there is already so much centered at the park; that a better site may be at Coyote Run or Victoria Park, ' due to the amount of space the facility will take. Councilmember Oden stated there is a definite need for the facility; that he could not support the proposed location; th6t the Library Board does need to review the proposal; that it would be preferable to locate the project in an area that has more room so that support businesses could also be located near the site; that this is a good thing and it is good that the community is getting involved in the effort, but that the location is of concern. Councilmember Reller-Spurgin stated that skate boarders are currently using the sloping walls of the library; that action does need to be taken for the youth to have a safe place to go; and that the matter should be reviewed by the Library Board for input. Councilmember Jones stated that he is also in favor of a facility, but not in favor of the proposed location; and that if the entire area is put in concrete, there will be no area left for grass or trees. Councilmember Hodges questioned if Baristo Park would be too small. Mayor stated that it would be too small and that the area is packed as it is. Director, Department of Facilities, stated that there would probably be major ' objection from the apartments located nearby. Council Minutes 02-16-00,Page 7 Mayor stated that Sunrise Park does have a lot taking place in the area, the , Senior Center, the Mall, the Library, the Boys & Girls Club; that it has a lot of activity already; that there has been a lot of reinvestment in the park, as well as the equipment; that he is not certain the park can absorb another activity; and questioned where the youth go now for the activity; and that all the open space the City has should be reviewed as a possible site, such .as the retention basin, airport, tennis center; and even though those locations are not central, they are accessible; that there does not seem to be any opposition to the skate park, but to the proposed location; that wherever the site is located there are other amenities that will need to be put in place, such as restrooms, telephones, refreshments and the like; that staff should look at all possible locations; and that staff should also determine if two areas are needed, one: for younger kids and one for more experienced. Councilmember Oden stated that the concept could be ,addressed in order to allow the committee to start fundraising efforts. Councilmember Hodges stated that a private firm could be contacted to see if they would build the facility. Director, Department of Facilities, stated that if a private facility is built, the costs to use the park might be prohibitive for some of the youth. Councilmember Hodges stated that if a private firm was used the committee , could focus on raising funds to subsidize those who could not afford to use the park. Resolution 19752 as revised, to support the concept and allow the use of the City's tax ID number, and directing staff to seek another location was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that R19752 be adopted. 3. COMPREHENSIVE FEE SCHEDULE Recommendation: That the Council adopt a recodified Comprehensive Fee Schedule, which provides minor updates, adds new fees, and incorporates all previously approved fee schedule amendments; and rescind Resolution 18581. City Manager withdrew the matter. 4. MUNICIPAL CODE AMENDMENT- MODIFICATION CONSTRUCTION HOURS Recommendation: That the City Council modify the permitted hours for construction specified in the municipal code. Director of Planning & Building stated that this item and item 14 would be combined for discussion purposes and reviewed the staff reports. ' Council Minutes 02-16-00,Page 8 ' Councilmember Oden questioned why Sunday was prohibited and not Saturday. Building Official stated that the proposed was the consensus of those on the panel. Councilmember Oden stated that there are those who do worship on Saturday as opposed to Sunday, and they would rather work on Sunday. Director of Planning & Building stated that research was done concerning construction hours; that typically in the Coachella Valley and the industry, Sunday was the day prohibited; and that the goal was to match other cities in the valley and to try to stay consistent. Councilmember Reller-Spurgin stated that in the comments attached to the staff report, it was recommended that Easter be added as a holiday. Councilmember Hodges stated that there are other holidays, such as July 4, Labor Day, Memorial Day, but unless the worksite is cited, it does not make a difference; that currently work starts before 7 a.m.; that in the summer work starts at 6 a.m.; that being next to a construction site makes one appreciate the peace on Sunday when no work is going on; that the holidays previously mentioned should be added as prohibited; and questioned who would handle the complaints. ' Councilmember Jones stated that in the meetings held there were many groups represented; that if there were suggested changes, the tourism industry should be contacted. Councilmember Hodges stated that the times to start and stop should be realistic in what the industry really does and suggested 7 a.m. to 7 p.m. Mayor stated that the comments regarding the holidays were appreciated; that since he had been spending more time at home, the peace without the noise of construction was noticeable; and questioned who should be called on weekends and holidays for enforcement. City Manager stated the police department would respond during those specific times. Director of Planning & Building stated that the site can be cleared to gain compliance; that for compliance calls, if the Council directs, staff can write the citations; however, it is not received very well; but that the building director, code enforcement, building inspectors and the police department are all authorized to write the citations. Councilmember Reller-Spurgin questioned if the fines get higher on additional ' calls for the same site. Council Minutes 02-16-00, Page 9 Building Official stated that the fines are progressive in the master bail schedule. ' Director of Planning & Building stated that the building industry is not represented in the audience; but that the Ordinance should not be oveirly restrictive; but that it seems that the Council consensus is 7 a.m. to 7 p.m. year round, except 8 a.m. to 5 p.m. on Saturdays, with the recommended holidays. Councilmember Jones stated that the tourism industry is not present, otherwise they would be voicing an opinion on the change. Councilmember Hodges stated that while it is appreciated that the tourism industry may wish modification, the reality is, there are certain hours that the construction industry works; and added that if the City is out citing the sites all the time, contractors will not want to build here. City Clerk read title of Ordinance for introduction and first reading as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 8.04.220 OF THE PALM SPRINGS MUNICIPAL CODE TO MODIFY THE PERMITTED HOURS FOR CONSTRUCTION after which, it was moved by Oden, seconded by Reller-,:ipurgin, and carried by the following vote that further reading be waived and the Ordinance be introduced for first reading. ' AYES: Hodges, Oden, Reller-Spurgin and Kleindie:nst NO: Jones Minute Order 6576 amending the Master Bail Schedule to provide for increased penalties for violation of the City's permitted hours of construction was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and Carried by the following vote, that MO6576 be adopted. AYES: Hodges, Oden, Relier-Spurgin and Kleindienst NO: Jones 5. CALEASE MASTER LEASE SUPPLEMENT#5 Recommendation: That the Council approve Supplement Number 5 not to exceed $800,000 under the Master Lease Agreement with CaLease to finance the purchase of twenty-seven Police Department vehicles. City Manager stated that this item would be taken in conjunction with item 10. Police Commander reviewed the staff report for item 10. Councilmember Reller-Spurgin questioned if the department had more officers ' than available vehicles. Police Commander stated that once the new officers hit the streets, there will be a shortage of vehicles and pool cars will need to be created. Council Minutes 02-16-00,Page 10 Mayor questioned if the department used pool vehicles currently. Police Commander stated that pool cars are used for CSO and reserve officers; but that around 30,000 miles a year is put on each vehicle. Mayor stated that there has been a good response to the officers taking the vehicles home; that the CaLease program will allow the key costs to stay down and increase the amount of vehicles. Councilmember Reller-Spurgin stated that a report should be prepared indicating the savings. Director of Office of Management & Budget reviewed the staff report for item 5; and added that there are two major reasons for using this financing vehicle; that the City will own the vehicles at the end of the term and that the interest rate is locked in at the mid 5% range; that if the City went out and tried to secure a loan now, the rate would be 5.8% or higher; that over the course of financing that results in approximately $15,000; that the MVR fund is set up to charge the general fund a depreciation for the department; that in this case the payment for the police department would be $150,000 over 5 years; that if the vehicles are bought outright and MVR funds are used, the annual cost to the general fund is $153,000; that the debt service to Calease is paid out of the MVR fund and at the end of 5 years it ends up with a higher reserve fund balance in MVR.; and added that this ties financing to the life of an asset. Mayor questioned the current reserve In the MVR fund. Director of Finance and Treasurer stated approximately$1.2 million. Minute Order 6577 as recommended was presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried that MO6577 be adopted. Resolution 19753 approving purchase of eighteen completely equipped police patrol units; six police detective vehicles; 2 commander vehicles and one animal control truck; for a total of 27 units and total cost of $765,551 was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that R19753 be adopted. 6. COMMERCIAL FOOD WASTE COLLECTION PROGRAM Recommendation: That the Council approve the commercial Food Waste Collection Program and establish a rate schedule for the service. Director of Office of Management & Budget reviewed the staff report, and ' introduced Bob Kuznik, Palm Springs Disposal Services. Council Minutes 02-16-00,Page 11 Bob Kuznik, PSDS, stated that the process did start 18 months ago; that some of , the major commercial hotels are supportive of waste diversion; that a rate structure is needed to provide incentives; that there will be: more in-house labor required to separate the waste diversion; that the material can then be recycled; and that the diversion will also allow less loads to the landfill. Mayor questioned if the food waste diversion is for residential or commercial. Mr. Kuznik stated that commercial is being targeted at this time. Mayor questioned if the community wants to participate will the request be able to be handled. Mr. Kuznick stated that it would not be handled right away; that the commercial side will need to be established first; that the residents do have the ability to have composting bins delivered to the home and that green waste pickup is also available. Mayor stated that when the alternative fuel vehicles are in place, it would be recommended that PSDS review building of an alternative fueling i station accessible to the street. Mr. Kuznik stated that one goal is to have an alternative fuel station site located on the 1-10 corridor and that long haul trucks will use the site. Councilmember Jones stated that he does have a composting bin at his residence and that it works well. Resolution 19754 as recommended was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried that R19754 be adopted. 7. 2000 SENIOR SOFTBALL WORLD SERIES On February 9, 2000, Council directed this matter be placed on the agenda for consideration of funding the promotion of the 2000 Senior Softball World Series for a total of$130,000, including in-kind services. Director, Department of Facilities, stated that at the last meeting Council did indicate concerns for the venue; that the entire series will be held in Palm Springs; that the length of the series will be extended to accommodate the venue; that the in-kind services are budgeted services; that the costs are related to labor; that the revenue produced from TOT is a wash of the City's expenses; that the promotion of the activity is nationwide and that the: representatives have indicated a great desire to have Palm Springs host the event. Councilmember Oden stated at study session there were numbers requested; that the department has supplied those; that the process should have included , tourism; that the Council understands the pass-through value of events; that based on promotion value of events, this may not be the wisest use of funds, and recommended denial of the event. Council Minutes 02-16-00,Page 12 Councilmember Jones stated that the event should have been handled in conjunction with tourism; that the tourism department was not aware of this event; that the City is not a charitable organization, and funding needs to spent wisely, especially in light of the budget problems the City is facing. Mayor stated that a study should be done on special events to determine the gain for the City; that data should be analyzed for events such as the Film Festival to compare to other special events; that the Council does need to know what funding is available to host special events and that standards need to be set. Minute Order 6578 denying request was presented; after which, it was moved by Oden, seconded by Jones, and unanimously carried that MO6578 be adopted. CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. 8. Approval of Minutes of January 4, 5, 19 and February 2, 2000. Approved. 9. MO 6571 approving purchase order to QWEST Communications Corporation for the provision of dedicated communications data line service from the U.S. Customs office in Palm Springs to the U.S. Customs Data Center in Virginia for a period of twelve months at a monthly cost of$1,084, not to exceed $13,008. 10. See item 5 above. 11. MO 6572 approving purchase of two Go-4 parking control units from Municipal Maintenance Equipment, in Anaheim, for$44,782,86. 12. MO 6573 ratifying work direction #26 with Gensler for architectural services on the Airport Terminal Expansion Project for$3,750. 13. Res 19744 amending the Council Rules of Procedures to alter the sequence of the Consent Agenda to follow Public Comments. 14. See item 4 above. 15. MO 6574 approving contract with David Paul Rosen &Associates for preparation of City's Housing Element and a comprehensive affordable housing strategy for $99,300; and Res 19745 amending the budget for$27,000. See item CRA b). 16. See item 16 above. 17. Res 19746 amending the budget for maintenance and repairs to the Palm Springs Police Aero Squadron Cessna airplane for$5,159. 1 18. Res 19747 amending the budget to construct narcotics task force offices in the Police Department basement for$60,000. Council Minutes 02-16-00,Page 13 19. Res 19748 and 19749 approving Payroll Warrants and Claims & Demands. I Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Hodges 950767 DWA Client of Employer 950792 Chris Foster 950801 Granite 950899 Pref Plumb Reller-Spurgin 950945 Dennis Spurgin Spouse 951043 20. MO---- approving agreement with Tom Dodson and Associates to prepare an environmental assessment regarding the Desert Walk for$7,5001, costs to be reimbursed by Excel Legacy Corporation, developer. A----. Withidrawn. ADDED STARTERS: None REPORTS & REQUESTS: DEPARTMENTAL reports or requests 21. Received for filing: Treasurer's Investment of December 31, 1999. CITY COUNCIL reports or requests ' a) Councilmember Jones stated that'the publicity for the Walk of Stars should be promoted better. PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk