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HomeMy WebLinkAbout2001 - MINUTES - 2/21/2001 CITY OF PALM SPRINGS CITY COUNCIL MINUTES ' FEBRUARY 21, 2001 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor pro tem Oden, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, February 21, 2001, 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 Absent: Mayor Kleindienst The meeting was opened with the Salute to the Flag, and an invocation by Reverend Clifford Harris-Ajalon Baptist Church REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on February 16, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PRESENTATIONS: Police Department to Mark Logan Landscape Inc. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING ' AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY - No Business PUBLIC COMMENTS: a) Comments on Item 16: Jordin Kuecks, 4348 Camino Parocela, stated that the Palm Springs Animal Shelter is an example of something that is run well in the City; that there are changes being proposed and cautioned the changes should be monitored; that with proper staffing a valley wide shelter would be a good idea but that other Cities do have problems with their shelters and that Palm Springs does not. b) Comments on Matters not on the Agenda: Philip Tedesco, 1303 Primavera, stated that Deepwell Ranch is adjacent to the Biltmore; that the hotel property is an eyesore; that the area has become a home for the homeless, a hangout for youth for improper and illegal acts; that their site is infested with rats and raccoons; that a series of photographs, on file in the Office of the City Clerk, show the deterioration of the site; that the site needs to be cleaned up; that a petition has been signed by 90% of the Deepwell homeowners to request the City to take action against the property owner; that the petition will be filed with the Office of Neighborhood Involvement; and requested Council intervention for the abatement of the property. ' Muriel J. Sporkin, 1261 Primavera, stated that for the past 5 to 6 years Code Enforcement has been notified by the surrounding property owners of the problematic property; that the site is in terrible condition; and that the Council needs to be aware of the problem. Council Minutes 02-21-01, Page 2 Linda Grant, 70420 Mottle Circle, Rancho Mirage, Biltmore Hotel property owner, stated that the property is to be renovated to a beautiful site; that this property is ' the only example left in the City that has a 40 year old history; that the citizens of Palm Springs should be happy that someone is willing to invest in that history and bring the property up to a 5 star status; that there is an architect on board; that the architect is excited about the property; that apologies are made to the neighbors for the condition of the site; that the structures of the building are sound; that financiers for the project will be meeting in the next week; that the project will be cleaned up and someone will be located on the site to monitor vagrants and trespassers; and that patience is being requested of the neighboring properties to allow the opportunity to make a difference with the property and in the City of Palm Springs. Ron Miller, 1750 Sharon Road, stated that in his opinion there are current examples of the "Peter Principal' occurring with City staff; that some staff members are being allowed to rise to a higher level of incompetence; and added that the City should be cautious in use of its right of eminent domain; and that the City should enter the coming negotiations with settlement options so that healing can begin to take place throughout the City. APPROVAL OF CONSENT AGENDA: Items 1 thru 15. Except Items 6, 7, 8,10, & 14 CONSENT AGENDA: It was moved by Reller-Spurgin, seconded by Jones, and unanimously carried, Kleindienst absent, that Items 1 thru 15, excluding item 6, 7, 8, 10 and 14 be ' adopted. Review by City Manager of Consent Items to be clarified. City Engineer clarified that item 5 was to delete a portion from the bid to remove the Desert Moon from demolition. 1. Approval of Minutes of December 6, 2000. 2. MO 6799 authorizing additional reimbursement to Anton AirFoods, Inc. (AAI) for asbestos removal related to the construction of the Celebrity Bistro for $4,000, total contract $22,000. 3. MO 6800 approving Amendment #1 to A4209 with Consolidated Engineers & Constructors for airport engineering services to modify the scope of service to reference a 1250KW terminal emergency generator and to allow the transfer of $40,000 from the airfield generator project fund to the terminal generator project fund. 4. MO 6801 approving Change Order #3 to A4044 with K.R. Barker & Associates, LLC dba CDI Communications Consultants for additional communications consulting services for the airport for $5,000, final contract $87,480. 5. MO 6802 approving Change Order #2 to A4111 with Environmental'Control ' Systems to decrease the contract by $18,800, deleting Bid Schedule C for Desert Moon, for asbestos abatement and demolition project, total contract $106,400. CP98-05. Council Minutes 02-21-01, Page 3 6. See Extended Consent Agenda 7. See Extended Consent Agenda 8. MO ----- approving agreement with RGA Landscape Architects, Inc., for landscape architectural design services for Gene Autry/Ramon Median Landscape Project for $84,300. CP00-01, A-----. City Manager withdrew item. 9. MO 6803 approving a Consent to Sublease between Verizon (formerly Pactel, Airtouch Cellular A3281) and California Tower for access rights for marketing and maintenance to the cellular tower located at 1901 E. Baristo Road. 10. See Extended Consent Agenda 11. MO 6804 approving contract with Digital Internet Services Corporation for high speed wireless internet access for 18 months (through fiscal year 2002) for a one time set up cost of $3,463 and monthly service of $1,730, total contract $34,603. A4346. 12. MO 6805 approving Change Order #2 to A3998 with Tom Dodson & Associates to incorporate a new project alternative and revise and update visual, traffic and noise studies for the preparation of an Environmental Impact Report for Palm Hills for $64,000. 13. MO 6806 awarding Bid 01-11 to ComSerCo Communications for 30 Fire Department hand-held radios and accessories for $14,065.85. 14. See Extended Consent Agenda 15. Res 19993 and 19994 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Hodges 961432 DWA Client of Employer 961455 Chris Foster 961465 Granite Const. 961580 Preferred Plumbing Reller-Spurgin 961735 Spurgin Spouse EXTENDED CONSENT AGENDA: 6. EAST PALM CANYON — GENE AUTRY WIDENING Recommendation: That the Council approve Change Order #2 to A4223 with E. L. Yeager Construction for the East Palm Canyon/Gene Autry Trail Widening for $4,600, final contract $1,207,042.83. CP92-36. ' Councilmember Hodges stated that the project seems to be going on forever and questioned why the project is not completed. ' City Engineer stated that the project is complete with the exception of the proposed change order, but that the road is completely open at this time. Council Minutes 02-21-01, Page 4 Councilmember Hodges stated that the City has had a policy prohibiting road construction during the season and questioned if the policy has been changed. City Manager stated that the policy is still in place, but that there are some extraordinary circumstances with this particular project. City Engineer stated that the policy runs from November to May; that staff does try to abide by the policy, but some circumstances take longer to get in place; that the project started in July; that a two to three week delay was encountered due to additional approvals needed by CalTrans; and that the result was that construction was delayed. Councilmember Hodges stated that it seems that this year the Ordinance for road construction was not being adhered to; that citizens have criticized the length of time of this particular project; that it seems that, there have been lengthy periods of time when no work was being done on the project and that the problem of timing of the projects has been evident this past year. Councilmember Reller-Spurgin questioned if the signal would need to be pulled to allow for wiring to be set in place; and the length of time to complete the change. City Engineer stated that an additional 19 days would be needed and that only the base concrete needs to be poured. Councilmember Reller-Spurgin questioned why the change order was being ' presented to Council since the cost was less than $5,000. City Manager stated that the combined change orders now exceed $5,000; and that, in addition, staff did want to update the Council on the; project progress. Minute Order 6807 was presented; after which, it was moved by Reller-Spurgin, seconded by Jones, and unanimously carried, Kleindienst absent, that MO6807 be adopted. 7. PALM SPRINGS CITY HALL PARKING LOT SURVEY Recommendation: That the Council approve Amendment #1 to A4333 with Sanborn A/E, Inc., for topographic surveying for the City Hall parking lot project for $3,950, final contract $6,900, CP00-29. Councilmember Jones questioned the total cost of the parking lot project. City Manager stated that the recommendation is for the design work only. City Engineer stated that the Capital Improvement Project Budget funded $215,000 to improve the southerly portion of the City Hall parking lot. Councilmember Oden questioned if the parking lot would be improved in phases. , City Engineer stated that the intent was to phase each portion of the lot. Councilmember Jones stated that the improvement is non-essential at this time, that with the energy crisis it would be best to delay the project and added that Council Minutes 02-21-01, Page 5 although this recommendation is only for design costs, the Council will be asked ' to approve construction costs and that the lot is not in drastic shape. Councilmember Hodges stated that this request is for preliminary costs to determine if the Council should consider the construction. Councilmember Jones questioned how long the design proposal would be valid. City Engineer stated that design estimates are typically good for a couple of years. Minute Order 6808 was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, and carried by the following vote that M06808 be adopted. AYES: Hodges, Oden and Reller-Spurgin NO: Jones ABSENT: Kleindienst. 10. ENTERPRISE RENT-A-CAR RENTAL Recommendation: That the Council approve a rental with Enterprise Rent-A-Car for six vehicles for fleet use at a total monthly cost of $4,800. City Manager stated that it would be a general rental for the Fleet Department, ' with the same number of vehicles surplused; and that for some uses by the City, it is beneficial to rotate the types of vehicles being used by staff. Minute Order 6809 was presented; after which, it was moved by Reller-Spurgin, seconded by Jones, and carried by the following vote that M06809 be adopted. AYES: Jones, Oden and Reller-Spurgin NO: Hodges ABSENT: Kleindienst. 14. PALM CANYON THEATRE Recommendation: That the Council approve Amendment #7 to A4089 with Interactive Design Corporation for reconstruction and construction management services of the fire damaged portion of 538 North Palm Canyon Drive, Palm Canyon Theatre for $26,000, costs to be reimbursed by insurance. City Manager stated that the matter had been reviewed at the previous study session; that Council did recommended other remodels that were needed to the Theater; and that to address the concerns, an additional $4,300 would be needed. Councilmember Oden questioned where the funding for the necessary repairs ' would come from. City Manager stated that the insurance would cover $26,000; and that the Capital Improvement Fund could fund the additional $4,300. Council Minutes 02-21-01, Page 6 Minute Order 6810 as revised, for a total of $30,000 was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, ' Kleindienst absent, that MO6810 be adopted. PUBLIC HEARINGS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: 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. Councilmember Reller-Spurgin requested that the matters of PM-10 issues and the Utility User Tax be scheduled for the next Study Session. Councilmember Oden requested consideration of an alternative for the Riverside Community Action Group; and the addition of trash receptacles placed at strategic locations during Villagefest. LEGISLATIVE ACTION: 16, VALLEY-WIDE ANIMAL SHELTER Recommendation: That the Council discuss consideration of a Valley-wide animal shelter. Corky Larson, CVAG representative, stated that assistance is needed from the ' City of Palm Springs to provide a solid valley-wide animal shelter; that it is important to take care of lost or unwanted animals in a humane way on a regional basis; that Palm Springs Animal Shelter is one of the best in the Valley and a model to be used for the regional shelter; that the; people at the Palm Springs Animal shelter are concerned with the care and treatment of the animals they receive; that it is clear that the Palm Springs Animal Control Officer Supervisor needs to be included in the discussion on the implementation of a regional shelter; that the concept of a regional shelter started in August, 2000: that many levels of shelters have been reviewed; that there are different scenarios that could be implemented in the program; that it could be that a City picks up the animals and place them in a City holding facility; that another would be a full service regional animal control; that the costs for animal control is now approximately $1.4 million valleywide; that a regional facility would be approximately $900,000; that the Cities could join together to approve a bond to build the facility, and jointly cover the costs of running the facility; that there are 10 acres that Animal Samaritans is willing to negotiate on located near Ramon Road and Interstate 10; that the area is accessible; that animal advocacy groups will be consulted during the planning process; that Palm Springs Animal Shelter staff will be a vital part of the planning team; that there is a woeful lack of humane and adequate care for animals valleywide; and that with the help of Palm Springs the regional approach will be given the right direction. Councilmember Hodges stated that the request to bring this matter forward was ' on her part; that there is concern that Palm Springs should not give up what the City has, that the regional facility will be on a smaller scale than what is existing valleywide; that the City of Palm Springs does have the highest percentage of returned animals; that the City has a low "no kill' policy; that many of the Cities Council Minutes 02-21-01, Page 7 have a bad reputation for their care of animals; that personally, her initial ' reaction is to keep what the City has or to keep the facility as a holding facility, after which, in one weeks time, the animals would be transferred to Thousand Palms; and that in reading the materials, there should be viable concern whether or not the City of Palm Springs should be involved. Ms. Larson, stated that the regional facility will be raised to Palm Spring's standards; that many of the valley cities do have shelters, but have too many animals housed in them; that it is important for all the Cities to be involved, but that there are stages of involvement; that discussion has been cancelled for the next week to allow time to schedule meetings with the Palm Springs Police Chief and Animal Control Supervisor; that the regional facility does desire and will seek out someone to run the facility with the same compassion as the Palm Springs Animal Control Supervisor; and that with that thought in mind, the regional facility can be something good for all the valley cities. Councilmember Hodges stated it would be good to see all the valley cities animal shelters raised to Palm Springs standards and questioned the need for the regional facility to house a medical center. Ms. Larson, stated that the plans before the cities are conceptual; that the facility was designed like the Moreno Valley shelter; that the number of kennels shown on the plans is somewhat misleading; that there should be 75 kennels shown and with a double stack 150 will be able to be used; that the figure concerning the kennels will be given to the City's representative, Councilmember Jones, at ' the next valleywide animal shelter meeting. Councilmember Reller-Spurgin stated that the plans indicate the kennels are too high from the floor. Ms. Larson, stated that there have been a number of justifiable questions; that a full report will be given at the next CVAG meeting; that the process is taking a long time and that it is frustrating, due to some cities having such terrible conditions to house the animals; and that the concept of the facility is to be like the "no kill" facility of Palm Springs. Councilmember Hodges questioned if it would be possible to remove the medical center to house additional kennels. Ms. Larson stated that all options are open. Councilmember Oden stated that the dialogue has been informative, that it is good that all the valley cities are onboard; that although there are some bad conditions in other Cities, Palm Springs is an example of a good facility; that the service that Palm Springs provides is due to its employees; that the City is always complimented on its employees at the Animal Shelter and that it would be good to help the rest of the valley. ' Councilmember Hodges stated that the Council does need to consider the cost of maintaining the facility as it is, or to use it as a holding facility only. City Manager stated that a report would be forthcoming within two weeks with various options and scenarios for the Council to consider. Council Minutes 02-21-01, Page 8 ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None ' REPORTS & REQUESTS: CITY COUNCIL reports or requests 17. Board/Commission 2001 Sub-Committee Assignments Rent Review Commission Appointment Term ending 6-30-02 — Mayor pro tern appointed John Aguilar; after which the Council ratified the appointment. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further 7businei Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk '