Loading...
HomeMy WebLinkAbout2002 - MINUTES - 8/21/2002 CITY OF PALM SPRINGS CITY COUNCIL MINUTES ' August 21, 2002 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor pro tem Reller-Spurgin, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, August 21, 2002, at 5:00 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 Absent: Councilmember Hodges and Mayor Kleindienst The meeting was opened with the Salute to the Flag, and an invocation by Deacon Robert Smith-Lily of the Valley Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on August 16, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 4 of agenda this date. PRESENTATIONS: Palm Springs Animal Control-Harold Matzner. ' 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: None APPROVAL OF CONSENT AGENDA: Items 1 thru 8. Councilmember Oden requested items 1, 3, 4 and 5 be separated for vote. Review by City Manager of Consent Items to be clarified. City Manager stated that item 5 is a transitional move to some services in-house; that the downtown crew will pick up the duties of steam cleaning in the downtown area and that overall the amendment is cost effective for the City. Director of Parks, Recreation and Facilities stated that the Amendment will accomplish 4 different parts; that overall the contract will be reduced by $80,000 annually; that the reduction of services will be assumed with in-house employees; that the performance bond provided by the Contractor will likewise be reduced to free up some capital for the contractor's use; and that the amendment should be approved subject to City Attorney approval due to some possible language changes. Councilmember Oden questioned if the desire is to increase the quality of work performed by in-house employees and specifically what the increases would be. Council Minutes 08-21-02, Page 2 Director of Parks, Recreation & Facilities stated that there are no specific concerns, but that it is felt that the City employees could do a better job and that the work will be done for less cost; that there will be a budget savings of approximately $20,000 in the fiscal year. Councilmember Mills questioned if the maintenance of the ball fields included the lawn areas. Director of Parks, Recreation & Facilities stated that the maintenance is just for the clay portions of the ball fields; that it is difficult to schedule the contractor when the need is there and that overall the demands could be met easier in- house. It was moved by Oden, seconded by Mills, and unanimously carried, Hodges and Kleindienst absent, that items 2, 5, 6, 7 and 8 be adopted. 1. See Extended Consent Agenda 2. Res 20445 approving correction to Amendment 15 to A37 with the Board of Administration of the California Public Employees' Retirement System to correct the application to local miscellaneous employees in employment on or after the amendment effective date of April 28, 2002 for retirement benefits. 3. See Extended Consent Agenda 4. See Extended Consent Agenda 5. MO 7141 approving Amendment 3 to A4372 with PacWest Land Care Inc. (subject to final language approval by City Attorney) to decrease landscape maintenance duties regarding the Tennis Center; ball fields at DeMuth Park and James O. Jesse Desert Highland Park; maintenance at the Palm Springs Stadium and Cerritos Field; and downtown steam cleaning for a reduction of $80,024 for a total contract of $890,465.70, through June 30, 2003. 6. Res 20446 setting hearing for First Amendment to Merged Redevelopment Plan for Merged Redevelopment Project Area No 1. Revised to rescind Hearing. 7. Res 20447 setting hearing for First Amendment to Merged Redevelopment Plan for Merged Redevelopment Project Area No 2. Revised to rescind Hearing. 8. Res 20448 and 20449 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 978746 C-Kell Smith Business Client Reller-Spurgin 978856 Spurgin Spouse 978962 Council Minutes 08-21-02, Page 3 EXTENDED CONSENT AGENDA: ' 1. TAHQUITZ CANYON WAY TRAFFIC SIGNAL INTERCONNECT Recommendation: That the Council approve Change Order 1 to A4522 with DBX Inc to increase the scope of services for the installation of a fiber optic line from Palm Canyon Drive to the Police Department for future communication abilities between the downtown area and the police department as part of the Tahquitz Canyon Way Traffic Signal Interconnect Project for $28,600. Total contract $783,903. CP00-05. City Manager stated that this is a Federal Grant; that the balance of funds will be derived from police forfeitures assets; that there is an overall savings of$28,000; and that if the project were done as a stand alone the cost would be much greater. Councilmember Oden questioned the use of the line. City Manager stated the issue is regarding the cameras and gain of a better signal. Councilmember Oden stated that in this case opposition has been expressed consistently regarding the cameras and that the opposition will remain. Councilmember Mills stated that the issue is not just the cameras but for the wiring. City Manager stated that the line will serve all communication needs between City Hall, the Police Department and the downtown; that the specific service will be for the cameras; that it is a fraction of the cost for a stand alone installation; and that if the project is not done now the cost in the future will be substantially more. Minute Order 7139 as recommended was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and carried by the following vote that MO7139 be adopted. AYES: Councilmember Mills and Mayor pro tem Reller-Spurgin NO: Councilmember Oden ABSENT: Councilmember Hodges and Mayor Kleindienst. 3. U.S. CUSTOMS DATA LINE Recommendation: That the Council approve a purchase order with QWest Communication to provide a dedicated data line from the U.S. Customs Office in Palm Springs to the U.S. Customs Data Center in Virginia for a term of three years for a total amount of $30,443.40. ' Councilmember Oden questioned if the contract will be reviewed and approved by the City Attorney and if the contract will be moved through its traditional processes. Council Minutes 08-21-02, Page 4 Executive Director of Airports stated that the line being provided is much like a ' regular telephone line; that the line is dedicated; that basically when the City requests GTE to put in a new line the,order is just placed and the line installed; that QWest is one of two companies that provide this type of service; and that personal opinion is that this is the method that should be used to procure the services. Councilmember Oden stated that the contract does contain publicity and confidentiality clauses; that the impact of those are not clear, nor are the conditions for use and whether or not the City is limited to an approval process. City Attorney stated that the provisions in the documents are not those that the City would normally have; that there are clauses that are included that the standard contract of the City would not have; that staff did state that QWest refused to sign the City's contract and would not negotiate any portions of its own form. Councilmember Oden questioned the clause containing the provision for dispute resolution and costs that would be involved. City Manager stated that what is before the Council is a typical contract of adhesion; that either the City signs or you do not get the product; that the choice is if the harm is minimal or almost insignificant, then the agreement can be entered into in order to keep the City functioning; and that in this case it is determined that there is no substantial harm in QWest's form, or it would be on a ' different form. Councilmember Oden questioned who would monitor the contract. City Manager stated the monitoring is minimal, that the only pitfall is if the phone line does not work. Executive Director of Airports stated that the Airport did have this contract one year ago; that if there are any problems, Customs will handle them; and that the line does need to go forward. Councilmember Oden stated that there is concern if something happens at the Airport or at Customs if the City can do a press release or is the confidentiality clause only related to the technology. Executive Director of Airports stated it is only the technology that is informational limited. Minute Order 7140 was presented; after which, it was moved by Mills, seconded by Oden and unanimously carried, Hodges and Kleindienst absent, that MO7140 be adopted. 4. BURKE, WILLIAMS & SORENSON - CITY ATTORNEY SERVICES , Recommendation: That the Council approve an agreement with Burke, Williams & Sorenson, LLP to provide City Attorney services for a term ending fiscal year 2003-04. Council Minutes 08-21-02, Page 5 Councilmember Oden stated that the City Attorney has provided good services over the years, but that Community relations issues keep surfacing; that these same issues have been ongoing for several years; that the City is at a point to commence a change; that to do so would be healthy for the City; that the City has had good service from the City Attorney, but that the business relations indicate that it is time to leave on good terms and that support can not be given to the approval. City Manager requested the issue be continued to the September 4, 2002 regular meeting for full attendance of the Council. Motion to continue the item to September 4, 2002 was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, Hodges and Kleindienst absent that the matter be continued. 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: None 9. ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests 10. Rent Review Commission (1) Term ending: 6-30-05 Nomination of Kevin Lavine was presented; after which, it was moved by Reller- Spurgin, seconded by Mills and unanimously carried, that the nomination be approved. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk