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HomeMy WebLinkAbout2001 - MINUTES - 12/19/2001 CITY OF PALM SPRINGS CITY COUNCIL MINUTES ' DECEMBER 19, 2001 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, December 19, 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 Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None 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 December 15, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 8 of agenda this date. PRESENTATIONS: Proclamation for Dallas J. Flicek. ' 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; after which, members reconvened as the City Council. PUBLIC COMMENTS: Dolliah "the Black Dalliah", P.O. Box 354, stated the wedding dress cost $150.00 to dry clean and did expect reimbursement from the City; and advised the Council not to wait to start plans for Black History Month. Mr. Ramie, Spanish Inn, stated that a call had been placed to the City Manager with no response and added that the Spanish Inn will be rebuilt; that the property only closed escrow five months ago; that it has been an asset to the City in the past and recommended that the action scheduled for the agenda not be taken. Jenny Sorenson, Ballantines Hotel, stated that it is good to see Indian Avenue upgraded; that there are some additional steps that could be taken such as the reduction of speed on Indian Avenue, a four-way stop at Tamarisk, additional crosswalk at the hospital, fines imposed for semi-trailer use of Indian Avenue and strong enforcement for illegal activities. ' Donnie Frank, Palm Springs, stated that the downtown parking think tank worked hard on an issue that is not needed and urged denial for a downtown parking structure. Frank Tysen, 175 S. Cahuilla, questioned the Council's fear for public discussion of the proposed pedestrian bridge over Indian Avenue; that support should be given to the Council Minutes 12-19-01, Page 2 Spanish Inn and the Biltmore renovations and added that the public does have the right to know what is going on. APPROVAL OF CONSENT AGENDA: Items 1 thru 11. (Except Items 1, 6, 7, and 10) It was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that Items 1 thru 11, excluding items 1, 6.7 and 10, be adopted. 1. SEE EXTENDED CONSENT AGENDA 2. Res 20237 supporting Proposition 40, the "Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Bond Act'. 3. Res 20238 supporting "Inland Empire First' for use of existing Inland Empire airports prior to expansion of Los Angeles Airport. 4. MO 6977 approving an agreement with Redrock Communications, Inc., for providing and installing a wireless wide area network for Fire Department facilities for $176,791. A4432. 5. MO 6978 ratifying City Manager authorization to American LaFrance for emergency repairs of fire apparatus #443-T, to include replacement of swivel, control functions, pump and minor body work for$33,867.26. 6. SEE EXTENDED CONSENT AGENDA 7. SEE EXTENDED CONSENT AGENDA 8. MO 6979 approving purchase order with NEC Business Network Solution to provide and install communication cabling for the airport ground transportation center for$13,995.29. 9. MO 6980 approving an agreement with Alcalde & Fay for Washington D.C. lobbying services for a term of one year for$50,600. A4435. 10. SEE EXTENDED CONSENT AGENDA 11. Res 20239 and 20240 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 971246 Spurgin Spouse 971366 Mills 971129 C. Kell-Smith Business related EXTENDED CONSENT AGENDA: 1. Recommendation: That the Council approve an agreement with American Youth Soccer Organization (AYSO) to promote and provide soccer for the youth of Palm Springs for a term of three years for a rental of 18% of its registration fees. A4436. Council Minutes 12-19-01, Page 3 ' Mayor requested an accounting of the rental collected and resulting improvements made to the concession stand; and added that the position of "no smoking" should be reviewed for possible conflict with existing regulations. Director of Parks & Facilities stated that an accounting and report would be made to the Council through the weekly report. Councilmember Oden requested the issue of no smoking in public parks should be scheduled for an upcoming study session. Minute Order 6981 as recommended was presented; after which, it was moved by Kleindienst, seconded by Oden, and unanimously carried that MO6981 be adopted. 6. COACHELLA VALLEY HOUSING COLITION — FM29695 Recommendation: That the Council approve Final Map 29695 for Fomotor Engineering related to Coachella Valley Housing Coalition to divide property located at 909, 921, 933, 945, 957, 969 and 999 Cottonwood Avenue and 970 and 990 Chuckwalla Road. APN 507-042-009, 507-042-010, 507-042-011 and 507-042-022. Section 11, T4S, R4E. A4433. ' Resolution 20241 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and carried by the following vote, that R20241 be adopted. AYES: Members Mills, Oden and Reller-Spurgin NO: Mayor Kleindienst ABSENT: None 7. DEMOLITION OF 1841 Nr FARRELL AND 1750 SHARON ROAD PROPERTIES Recommendation: That the Council approve an agreement with Vision's West for demolition of two houses on airport property located at 1841 N. Farrell Drive and 1750 Sharon Road for$19,300. A4434. Councilmember Mills questioned if in addition to the demolition of the houses would a soil stabilization also be completed. Assistant City Manager-Operations stated that the properties would be restored to level ground. Resolution 20242 as recommended was presented; after which, it was moved by Mills, seconded by Oden and unanimously approved, that R20242 be adopted. ' 10. OWNER PARTICIPATION AGREEMENT STEVENS ROAD AND INDIAN CANYON WAY Recommendation: That the Council concurs with Community Redevelopment Agency to find pursuant to Section 33421.1 of the California Health & Safety Code relating to Owner Participation Agreement for the construction of a Council Minutes 12-19-01, Page 4 hotel/condominium resort located at Stevens Road and Indian Canyon Way MA#1. (CRA A). Resolution 20243 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and carried by the following vote that R20243 be adopted. AYES: Members Oden, Reller-Spurgin and Mayor Kleindienst NO: None ABSENT: None ABSTAIN: Councilmember Mills. 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. LEGISLATIVE ACTION: 12. SOLID WASTE FRANCHISE AUDIT SERVICES e 2001-02 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council approve an agreement with Hilton Farnkopf & Hobson LLC for audit services of Palm Springs Waste Disposal Services for $69,500; and amend the budget thereto. A4437. City Manager reviewed the staff report and added that the City will be negotiating for Palm Springs Disposal Services to reimburse the City for one-half the cost of the audit. Councilmember Oden questioned if Palm Springs Disposal Services was aware of the request and added that it is good to have an independent audit of the services; and that due to the nature of the audit company the possibility of conflict of interest would be limited. Minute Order 6982 approving agreement and Resolution 20244 amending the budget were presented; after which, it was moved by Oden, seconded by Reller- Spurgin, and unanimously carried, that MO6982 and R20244 be adopted. 13. UAW-GM CONFERENCE WAIVER OF FEES Recommendation: That the Council waive rental fees for use of closed Taxiway "A" at the Palm Springs International Airport for a period of January 7 through February 1, 2002 for$4,000. City Manager reviewed the staff report, no further report was given. Councilmember Oden stated that the benefits given to the Community by this Company is tremendous, that not only is safety driving offered, but also an infant Council Minutes 12-19-01, Page 5 ' car seat program and assistance to high school students, and added that it is hoped to retain this event in our Community. Minute Order 6983 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that MO6983 be adopted. 14. MEMORANDUM OF UNDERSTANDING —GENERAL UNIT Recommendation: That the Council approve a Memorandum of Understanding with the General Unit (CLOCEA) employees for related wage and benefit package for a period of eighteen months terminating June 30, 2003. City Manager reviewed the staff report, no further report was given. Councilmember Oden stated that it is good to see the unit come to agreement in a reasonable amount of time; and that it is an opportunity to say to the employees, their service is valued. Mayor requested a master list of all allocated positions that are being changed. Assistant City Manager-Operations stated that a master listing would be a part of the fiscal year budget process. ' Mayor questioned if there were any new positions being added. Assistant City Manager-Operations stated there were none. Mayor requested the allocated position plan be provided to the Council. Resolution 20245 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried that R20245 be adopted. 15. DOWNTOWN PARKING STRUCTURE DESIGN-BUILD SCOPE Recommendation: That the Council approve an agreement with Walker Parking Consultants for the preparation of Design Build documents for the construction of a parking structure located on the west side of 200 South Indian Canyon Drive for$68,000. A4438. City Manager reviewed the staff report. Councilmember Reller-Spurgin stated that additional downtown parking is what the voters have requested. ' City Attorney stated that there are final refinements needed to the agreement; that there is no schedule of payment of compensation listed in the exhibits and requested that the agreement be approved subject to City Attorney approval. Director of Downtown Development stated that the changes requested by the City Attorney have been completed and are in final form. Council Minutes 12-19-01, Page 6 Councilmember Reller-Spurgin requested the proposed resolution be approved subject to City Attorney final language. Mayor stated that the issue needs to be resolved quickly and that each day lost is another day without the needed parking downtown. Director of Downtown Development stated that it is not easy to break each individual task down to a time and percentage of the overall contract; that Walker does have architectural abilities, but is hiring a local architect to allow the local familiarity of rules and regulation to help speed the term of the contract. Councilmember Oden questioned why the firm is hiring a local architect. Director of Downtown Development stated during the design process with the Planning Commission there were many issues raised that were site related; that with the assistance of a local architect those types of issues can be resolved. Councilmember Oden stated that the local component to the contract is enhancing. City Attorney stated that if the contractor does in fact have two architects it is not indicated in the contract; that if the contract does not outline the tasks there is no way to monitor a payment schedule for completed tasks. Councilmember Mills stated that it is impressive that Walker has hired a local architect to help with the process; but that the contract before the Council is between Walker and the City; that the City should not be involved with the scope of work of a subcontractor; that what the City is interested in is a product that is architecturally appropriate; and that if Walker desires a local subcontractor that is not a part of the City's negotiations. Councilmember Oden stated that the scope of work being presented should not be changed and recommended that the contract with Walker be approved. Councilmember Reller-Spurgin stated that the City Attorney is indicating that the compensation should be monitored and paid in monthly installments according to the percentage of work completed. City Attorney stated that the scope is not clear when payment is triggered; that there are different stages for the contract; that the Council can provide in the contract for approval of any subcontractors; but that the issue is that the $58,000 is not broken down in any manner for payment; that if the contractor comes forward and says the work is 50% completed, then it is entitled to 50% of payment and that the City has no way to evaluate what is done nor on what scope. Director of downtown Development stated the City should get two invoices; that this is a six week project; that it is hoped that the ground breaking will be by June 1, 2002; that the exhibits have been reviewed; that the contractor is reputable; that there is a good architect on board; that the team is ready to proceed; that Council Minutes 12-19-01, Page 7 ' there can be more regulation added for the details of the contract, but that how much more detail is not certain. Councilmember Mills stated enough detail is needed to determine payment; and that there should be a Phase breakdown that would give guidelines. Councilmember Oden stated that staff has clearly heard Council concerns; and added that the breakdown in scope should not be so cumbersome as to delay the work. Resolution 20246 as revised, subject to City Attorney approval, was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that R20246 be adopted. 16. PALM SPRINGS SKATE PARK AND SWIM CENTER 2001-02 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council approve a $500,000 advance from future Measure "Y" allocations to be repaid at $100,000 annually from the allocation for construction of the Palm Springs Skate Park and Swim Center project; and amend the budget thereto. Director of Parks, Recreation and Facilities reviewed the staff report, no further ' report was given. Councilmember Mills questioned if the contract would be design/build. Director of Parks, Recreation and Facilities stated that there is no commitment on the part of the City to that aspect; and that what part the architect will have is yet to be resolved. Councilmember Mills stated that there might need to be a separation between the architect and the general construction work. Director of Parks, Recreation and Facilities stated that there are three separate components to the project; that there is new construction, renovations to existing facilities and the design of the overall project; that the architect may well oversee the construction phases, but would not be the general contractor for the project. Councilmember Mills stated the distinction should be contract administration rather than construction administration. Mayor stated that there should be a repayment schedule to show that the City funds are to be reimbursed through private donations and that the Measure "Y funds should likewise be outlined. Resolution 20247 as recommended and Resolution 20248 amending the budget as recommended were presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried that R20247 and 20248 be adopted. Council Minutes 12-19-01, Page 8 17. ORDINANCE FOR SECOND READING &ADOPTION (Intro 12-5-01) City Clerk read Title of Ordinance 1604 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 1.34.011 OF THE PALM SPRINGS MUNICIPAL CODE, REMOVING REFERENCES TO "NO-FEE PERMITS" REGARDING AIRPORT FEE REGULATION FOR MEETERS AND GREETERS after which, it was moved by Oden, seconded by Mills and unanimously approved, that further reading be waived and that Ordinance 1604 be adopted. 18. MUNICIPAL CODE AMENDMENT— PROCUREMENT ORDINANCE Recommendation: That the Council repeal Chapter 3.12 in its entirety and adopt Title 7 Procurement and Contracting Ordinance to the; Palm Springs Municipal Code; and adopt the State Uniform Public Construction Cost Accounting Procedures. City Manager reviewed the staff report. Assistant City Manager-Operations stated that much staff time has been devoted to the refinement of the proposed ordinance; that there is one revision staff would recommend to emergency procedures and reviewed a handout, copy on file in Office of the City Clerk. Councilmember Mills stated that this is high on the list of things to be done when the Charter was enacted; that the overall proposed ordinance does look sufficient, although one issue which needs additional addressing is the particulars stated in 7.04.020; they are common linkage of 7.05.030, and that in fact, the two should be tied together. City Attorney stated that the distinction is necessary due to the fact that a brand name could be specified, but a competitive process still be used; that in a sole source, the specification of why the sole source procured is required. Councilmember Mills stated that Chapter 7.05 needs to include the following: why needed, a listing of types and for what reasons, possible situations; that the purpose of this ordinance is to streamline the procurement process; that this area is where the issues need to be addressed and that the only other concern would be that of authorization. City Attorney stated that from a personal perspective, the review of contracts is boring; that there is a boilerplate form that is used; that the only part of review are the exhibits; that the exhibits is where the City can place a high number of controls which include things such as what is to be clone, when is it due, how much payment is linked to the percentage of completion; that these types of safeguards assist staff to ensure payment does not get ahead of performance; that in the course of reviewing the past six contracts, there were repetitive problems for each one; that the payment schedule needs to be coordinated with the tasks; that without the coordination there is the potential for a disconnection; that the City Manager has stated in the past that it is his thought not to allow for Council Minutes 12-19-01, Page 9 ' upfront payments; that there are contracts that still come through with this type of allowance; that there is a staff issue of a delay from legal review; that if staff would start the legal review process before Council consideration, most concerns could be addressed; that there are a high percentage of current contracts that contain repetitive legal concerns; that the same concerns are readdressed each time and that if there is no required legal review of all contracts, there will be contracts where the dots are not connected. Councilmember Oden stated that the task force created for formation of the City's Charter, clearly saw this as a benefit to being a Charter City; that one of the benefits of having the Ordinance is the allowance to act expidisously; that there are times when there is not a wide window for review; that there are improved controls that need to be set in place; that the controls could rest with the City Attorney or with the City Manager; that if a step needs to be added to the process, it is not a problem as long as things do not stop in the process; that if the same thing is continued to be looked at by a lot of people, then the process needs to expedited; and questioned where final documentation is retained. Assistant City Manager-Operations stated that all original contracts would end up in the Office of the City Clerk. City Manager stated that the current review process is at times lengthy; that staff is recommending contracts under $25,000 not be given legal review; that the examples cited by the City Attorney were for contract over $25,000; that the current ordinance is 30 years old; that it does tie the City to get the job done; that the new proposed ordinance allows staff to run fast, and that the question is at what level does the Council want established that triggers City Attorney approval. Councilmember Mills stated that the issue with brand name should likewise be addressed; that the first reading should be done with the revision included; that the issue to define the situation should be included when the need occurs; that the design/build issue , also needs criteria to be used in appropriate circumstances; and that there may be other fine tuning to the ordinance at a later date; that the language in design/build is very open; that it may be that by trial experience the problems may be solved and that defining the brand name language would be helpful. Councilmember Reller-Spurgin stated that ultimately the City Council is accountable for all contracts; that the City Attorney does in fact keep legal issues at bay; that one should listen to what the City Attorney has to say; that designating someone to oversee multiple contracts controlled by a budget could be significant and that in her opinion the City Attorney should review all contracts on behalf of the City Council. Councilmember Mills stated that the $25,000 threshold is for a single project; that portions of a project should not be divided to move around the threshold ' limit; that one of the reasons there was movement to implement a Charter City was to get past dealing with 180 pages of boiler plate language to get to the 3 pages of specifics in a contract and waiting for the City Attorney to review the entire document; and with smaller projects, it can result in a great deal of frustration. Council Minutes 12-19-01, Page 10 Councilmember Reller-Spurgin questioned if the Director of Procurement and Contracting was comfortable with the proposed ordinance. Director of Procurement and Contracting affirmed. Mayor stated that the proposed ordinance addresses many facets that have been ongoing; that staff is being empowered to deal with contracts; that contracts are specific; that there is typical language used to bring projects to fruition; that there is a degree of exactness on how a document is drawn that must be adhered to; that there is a series of checks and balances; that the department head is being given a responsibility; that all documentation does need to be forwarded to the Office of the City Clerk; that the Clerk's Office must maintain a complete and full documentation of the contracts; that on the training side, there may be extensive training needed for the known procedures; that a document checklist should be compiled; that the contract amount triggering City Attorney review is not as significant as the need for a process to be followed; that a structure should be established on expediting the contracts and that the training is paramount. City Manager stated that there is a contract system in place; that Bruce Johnson does in fact handle all contracts; that Mr. Johnson has been fully trained by the City Attorney and uses exact wording; that the City Clerk is the ultimate gatekeeper for the retention of the contracts, and that with the new system in place there is one person in the system that can identify where the exact physical location of any given contract is. Assistant City Manager-Operations stated that alot of work has gone into the working of the proposed ordinance and added that staff will revisit proper contractual language. Mayor stated that the offer is appreciated, but that the open engagement as a team is required; that there is a reason the City has an attorney; that intent of a contract is one thing, but wording is another; that this responsibility should not be taken lightly; that the proposed ordinance is a good document; and that it is hoped that staff will identify strengths and any weaknesses in the document. Councilmember Oden stated that staff should be aware: that input from the City Attorney might be requested on any dollar level of contracts. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING IN ITS ENTIRETY, CHAPTER 3.12 — PURCHASES, OF TITLE 3, REVENUE AND FINANCE AND ADOPTING A NEW TITLE 7, ENTITLED PROCUREMENT AND CONTRACTING after which, it was moved by Oden, seconded by Mills and unanimously carried that further reading be waived and that the Ordinance be introduced for first reading. Resolution 20249 as recommended was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, that R20249 be adopted. Council Minutes 12-19-01, Page 11 ' 19. AIRPORT GRANT AMENDMENTS Recommendation: That the Council authorize the City Manager to execute Amendment #1 to eight Airport Improvement Program Grants. A4020, 4021, 4086, 4087, 4129, 4130, 4144 and 4431. Councilmember Mills stated Conflict of Interest due to business relationships. Minute Orders 6984, 6985, 6986, 6987, 6988, 6989, 6990, & 6991 (8) as recommended were presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, Mills abstaining, that MO6984 — 6991 be adopted. 20. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: None CITY COUNCIL reports or requests 21. Treasurer's Investment Report of October 31, 2001-Received and filed. ' PUBLIC reports or requests: None STAFF reports or requests: None ADJOURNMENT: There being no further business` Mayor declared ha meeting adjourned. PATRICIA A. SANDERS City Clerk