Loading...
HomeMy WebLinkAbout2002 - MINUTES - 11/26/2002 CITY OF PALM SPRINGS CITY COUNCIL MINUTES NOVEMBER 26, 2002 An Adjourned 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 Tuesday, November 26, 2002, 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 Hodges, Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on November 22, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 of agenda this date. PRESENTATIONS: None HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL: JOINT PUBLIC HEARING: A. SCHLPS, LLC, DISPOSITION AND DEVELOPMENT AMENDMENT#1 Recommendation: That the Agency and City approve Amendment 1 to Disposition and Development Agreement 0428C, to facilitate the development of the Star Canyon Resort located on South Palm Canyon Drive, between Sunny Dunes Road and Mesquite Avenue, in a form approved by the City Attorney. Director of Community and Economic Development reviewed the staff report and added that the amendment does reflect the project changing from hotel to timeshare; that the project description is changed as well as the time schedule; that the developer has agreed to implement impact fees to offset the loss of transient occupancy tax; and that the owners will pay the fees as a part of the annual maintenance fees. Chairman/Mayor declared the Hearing open; there being no appearances, the Hearing was closed. Chairman/Mayor stated that there has been full support for the project since inception; that since the transition to timeshare, full support cannot be given; that the project is a good asset for the Community, but that there is no guarantee of revenue stream. Council Minutes 11-26-02, Page 2 Resolution 20490 and 20491 as recommended were presented; after which, it was moved by Oden, seconded by Mills and carried by the following vote that R20490 and 20491 be adopted. AYES: Members Hodges, Mills, Oden and Reller-Spurgin NO: Chairman/Mayor Kleindienst ABSENT: None. Adjourn as Community Redevelopment Agency; reconvene as City Council. CITY COUNCIL PUBLIC COMMENTS: Nancy Stuart, Tramway Boardmember, reviewed a schedule of events for the Aerial Tramway. APPROVAL OF CONSENT AGENDA: It was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that Items 1 thru 12, excluding 2 be adopted. Review by City Manager of Consent Items to be clarified. 1. MO 7195 approving Amendment 3 to A4023 with C. Kell-Smith & Associates for Phase IV of the Airport Residential Sound Insulation Program of 82 potential ' homes for $584,865. Kleindienst and Mills Abstain. 2. MO ----- approving an agreement with the State of California Bureau of Narcotics Enforcement to allow continued participation in the Inland Crackdown Allied Task Force with an option to extend for an additional three years. A-----. Withdrawn. 3. MO 7196 approving a Reimbursement Agreement with Coachella Valley Association of Governments for the proposed widening of Indian Canyon Drive from 2 to 4 lanes across the Whitewater Wash for $1,662,000. CP01-25. A4593. (This project is fully grant funded). 4. MO 7197 awarding contract with Steiny and Company, Inc., for the Sunrise Way Traffic Signal Interconnect for $160,663. CP01-14. A4594. 5. MO 7198 approving Amendment 1 to A4231 with Coachella Valley Association of Governments for the Indian Canyon Drive traffic signal interconnect project for $42,355.67 for a total cost of $564,555.67. CP95-06. 6. MO 7199 approving Amendment 1 to A3281 with Verizon Wireless to allow the installation of a 40kw emergency stand-by generator with an increase to the monthly rental payment from $683 to $750. 7. Res 20492 approving excess earthquake/flood insurance coverage for a term of , November 21, 2002 to November 20, 2003, total cost $234,714.63. 8. MO 7200 approving Amendment 6 to A3082 with Palm Springs Disposal Services for an extension of the term to June 30, 2003. Council Minutes 11-26-02, Page 3 9. MO 7201 approving Amendment 1 to A3789 with PSP Rental Company for an extension of the lease for property located at 2777 North Palm Canyon Drive for the Palm Springs Visitors Center for a term of one year at $5,000 per month. 10. MO 7202 authorizing the City Manager to enter into an agreement with Desert Academy of the Arts for temporary artwork display in the downtown corridor for a period of November 28, 2002 to April 30, 2003. A4595. 11. MO 7203 ratifying Closed Session approval of October 30, 2002 of a settlement agreement with Mike Kemp. A4596. 12. Res 20493 and 20494 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 982015 Spurgin Spouse Mills 982026 Tenet Business Related 982024 EXTENDED CONSENT AGENDA: None PUBLIC HEARINGS: 13. CAMINO ALTURAS SEWER CONSTRUCTION REFUND AGREEMENT Bernard A. & Mary M. Guentner Recommendation: That the Council approve a Sewer Construction Refund Agreement with Bernard A. & Mary G. Guentner for the sewer main extension on Camino Alturas to Camino Monte. Associate Civil Engineer reviewed the staff report. Councilmember Oden questioned when the hookup would be required for the property owners and if the cost for hookup is the same for each property owner. Associate Civil Engineer stated that mandatory hookup is required when the septic system needs repair and that each property owner is assessed based on the topography cost involved in addition to the cost for the sewer main. Mayor declared the Hearing open. Dr. Ayad M. Gharghoury, Palm Springs, stated that typographically his property is lower; that on two separate occasions installation to the sewer system has been sought; that due to the difficulties of construction, it has not been done; that Tri-State Construction did survey his property for installation; that it was determined the line would be too close to the water main; that an application had been filed for renewal of the septic tank; that the application was denied due to the pending required hookup; and that it is requested that an exemption be granted and the application for renewal of septic tank be granted. Council Minutes 11-26-02, Page 4 Imad Guirguis, Engineer, stated that the main problem is that there will be two lines required; that some properties will require the line to be placed at a deeper elevation; that the typography in some areas is rock; that in the past, construction costs have not been feasible; that in this case, the previous speaker is experiencing prohibited costs; that new pits for sewage could be built near the owners tennis courts; that the other option is to do the hookup with a pump station; that it is his recommendation to the property owner to obtain permits for replacement of the septic tank. There being no further appearances, the Hearing was closed. Councilmember Oden questioned if this one property could be provided an exemption from the mandatory hookup. Associate Engineer stated that the property could be excluded for the assessment, but that the assessment costs would need to be reevaluated and the rest of the property owners would bear the additional cost; that the typography of the area is rock; that this particular property could use a pump lift station; that as far as the septic tank repairs, it may not be legal, but that the City Attorney would need to address that issue. City Attorney stated that the reimbursement agreement between the developer and the City has not been reviewed; that the terms and conditions may not be able to be changed; that there may be a valid reason not to include the property, but at this time the recommendation is to defer the matter to allow meeting with all parties. ' Associate Engineer stated that the matter is not pressing, but that the developer would like to recover costs. City Attorney recommended continuing the matter to January 15, 2003. Councilmember Mills stated that there is no concern for further staff review, but that a report should be given that indicates what other sites may need pump stations, how many times this has occurred, and how many times the City has required the stations. City Attorney stated that through the meeting process it may be that the property owner makes a valid case requiring a renoticing of the public hearing and recommended that the action be to table the matter. City Manager stated that meetings were held for the concerned parties; that the request for infrastructure improvement was via the property owners and that the process did work to include all concerned parties. Motion to table the matter was presented; after which, it was moved by Kleindienst, seconded by Oden and ,unanimously carried, that the Motion be adopted. 14. GRANVIA VALMONTE RIGHT-OF-WAY VACATION , Recommendation: That Council vacate a portion of the right-of-way dedicated for the public street named Granvia Valmonte, Section 10, T4S, R4E. File R-02- 047. Council Minutes 11-26-02, Page 6 City Attorney stated that it is believed that Mr. Fontana will not sign the standard form of the City; that given the service he provides, modifications have been made to the standard language and that the City should be largely protected in any case. City Manager stated that the City Attorney has sought middle ground for the contract; that one benefit the City does have is that the Executive Director — Airports will be monitoring the contract and will be involved; and with that involvement, additional protection is given to the City. Councilmember Mills stated that the area in question is not one that Mr. Fontana is in a position to make a decision on his own; that he is an expediter or a representative for the City; that it is surprising that any small firm would sign the standard contract; that the contract contains clauses that does not favor small businesses; that if the City does want to encourage local businesses then it may be that the standard contracts need adjusting to eliminate prohibitive clauses. Councilmember Reller-Spurgin stated that Mr. Fontana is invested in the Community; that the parking structure came in on time and at cost due to the involvement of Mr. Fontana and the Executive Director — Airports and that it would behoove the City to continue the relationship for the Convention Center expansion. Mayor stated that the agreement language may need to be reviewed; that the City does need to have protection and the contractor does need to be able to enter into the contract; and that it is beneficial to maintain the working relationship in place. Councilmember Oden stated that a policy might need to be established to encourage small businesses and not just for one person, but a policy that could benefit all. City Manager stated that it is clear a policy is needed; that one will be prepared and brought back for consideration; that the risk and abilities of small business is different; that a tiered approach will be needed for contracts; and that the prior approval of Mr. Fontana's contract concerning the parking structure will likewise be modified to be the same as this contract. Minute Order 7204 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Mills and unanimously carried, that MO7204 be adopted. 16. CONVENTION CENTER EXPANSION PHASE II Recommendation: That the Council authorize staff to negotiate an agreement with Fentress Bradburn Architects, Ltd. for the design of the expansion of the Convention Center Phase II project. Final Agreement to be approved by City Council upon completion of negotiations. City Manager reviewed the staff report. Councilmember Mills stated that there were four firms interviewed; that all firms were impressive; that the choice was not easy; that the competition was close, Council Minutes 11-26-02, Page 7 but that the recommended firm did have an edge on creativity; and that the group as a whole was extraordinary. ' Mayor stated that the recommended firm did the convention center in Denver; that the Sub-committee did get concurrence from Denver of an excellent job; that all the firms were good, but it is the committee's recommendation that is being presented. Councilmember Reller-Spurgin questioned if the master plan direction had been decided. Mayor stated the issue has not been brought for formal action. City Manager stated the issue should be presented for consideration within the next 30 days. Mayor stated that each of the firms analyzed Scheme 3 to the north; that the presentations by the firms were all based on the same perimeters; and that there is no recommendation for site selection. City Attorney stated that the work program schedule, if headed towards the Suitt property, may involve 1090 issues. Mayor stated that the recommendation before the Council is neither for site nor architectural planning. Executive Director—Airports stated that the recommendation is only to negotiate ' a contract with the architect. City Attorney stated in an abundance of caution, Member Mills and Mayor Kleindienst should abstain, so that there is no problem in the future. Councilmember Oden stated that the approval could contain the elimination of certain properties to be certain of no conflict. Mayor stated that the recommendation before the Council is not for the site. Councilmember Oden stated that the contract negotiations would need to include the properties being used. Councilmember Mills stated that the action being requested is to allow a contract to be negotiated; that the program is not final; that this type of approval is fairly standard; that the architect will help with the Master Plan but will not suggest any specifics on the Master Plan. Councilmember Oden stated that if an anylization includes determining where the Convention Center expansion site'will be, then it does need to be specified. Mayor stated that the action being requested does not include giving direction as to site. Councilmember Oden questioned if the firm would be analyzing sites. Mayor stated that each firm was told during the competition to review Scheme 3. Council Minutes 11-26-02, Page 8 Director of Procurement & Contracting stated that each of the firms reviewed ' Scheme 3 for design for operational purposes; that only Scheme 3 was used for the qualification to select the architect; and that later a decision will be made as to which Scheme will be used for the expansion. City Manager stated that the direction would be for the architect to review the land the City owns and that the land is to the north of the current footprint. Councilmember Hodges stated that if there is a potential conflict, that does need to be disclosed and that the City does need to be certain that the process already undertaken is correct. Executive Director — Airports stated that if the architect could be selected at this meeting, that the first item to come back for consideration would be site selection; that the contract will come back for consideration at the December 18, 2002 meeting; that at that meeting a contract for an architect will be recommended and options will be presented for Council selection as to alternatives; that approval at this meeting will allow the process to continue, but will not predetermine the site. Councilmember Oden stated that an opinion should be given by the City Attorney if a conflict exists. City Attorney stated that a Closed Session cannot be held for the selection of an ' architect. Mayor stated that delay in this approval will harm the project and based on that he would abstain from voting. Councilmember Mills stated that it is not clear if there were a potential conflict; but that based on the Mayor's comments, he likewise would abstain. Motion to approve the recommendation was presented by Councilmember Reller-Spurgin. Councilmember Hodges stated that there could be a problem with the process when the members of the subcommittees are abstaining. City Attorney stated that it is not clear what the process was, or what it involved, but that only three members are needed for a vote. City Manager stated that the Council selected the subcommittee; that the subcommittee did not discuss the design of the Convention Center expansion on any property that was not owned by the City. Director of Procurement & Contracting stated that even if the Council subcommittee votes were removed from the Committee's vote, the recommendation would stand. ' Councilmember Hodges stated that notice has been given for a potential conflict and that the conflict involves both members of the subcommittee. Council Minutes 11-26-02, Page 9 Councilmember Oden stated that all want to see the project more forward; and that if a delay is experienced it is not to sabotage the project. ' City Manager requested a break for confer with members of staff. Executive Director — Airports stated that the item before the Council has been clarified; that the issue is to recommend an architect; that the architect will work on the expansion of the Convention Center with the City with no consideration of any property other than that owned by the City. City Attorney stated that in conferring with staff it is clear that only Option 3 was reviewed by the potential firms; that there was no option presented of the expansion going east; that it is in all likelihood that no one needs to abstain to enter into the recommendation; and that the contract will be considering City owned property only. Minute Order 7205 as recommended was presented; after which, it•was moved by Reller-Spurgin, seconded by Hodges and carried by the following vote, that MO7205 be adopted. AYES: Members Hodges, Oden and Reller-Spurgin NO: None ABSENT: None ABSTAIN: Member Mills and Mayor Kleindienst. 17. 1992 AIRPORT REVENUE BONDS - REFINANCING ' 2002-03 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council approve an agreement with SI Partners to provide special financial consulting services for the refinancing of the Airport's 1992 Airport Revenue Bonds; and amend the 2002-03 fiscal year budget in the amount of $90,000. A4598. Executive Director — Airports reviewed the staff report, no further report was given. " Resolution 20496 and Minute Order 7206 as recommended were presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that R20496 and MO7206 be adopted. 18. 2002-03 ALLOCATED POSITION AND COMPENSATION PLAN Recommendation: That the Council approve Amendment 1 to the 2002-03 Allocated Position and Compensation Plan to delete one Traffic Maintenance Electrician position and add one Senior Traffic Maintenance Electrician. Total number of allocated position of 459.50 remains unchanged. City Manager reviewed the staff report. Councilmember Oden stated that the salary increase would be between $6,000 ' and $10,000. City Manager affirmed and added that more technical skill is required for the job and that it is important to keep signal within synchronization. Council Minutes 11-26-02, Page 10 Councilmember Olen questioned if the position vacancy could be held until the ' budget review. City Manager stated that the position is vacant and does need to be filled. Councilmember Oden questioned if the position could be filled at the current rate and any reclassification be held until after the budget review and added that it is important to maintain costs until the budget is reviewed to determine the City's financial standing. Mayor stated that there should be a quarterly budget review upcoming. City Manager stated that the budget review is on schedule. Resolution 20497 as recommended was presented; after which, it was moved by Kleindienst, seconded by Mills and carried by the following vote, that R20497 be adopted. AYES: Members Hodges, Mills, Reller-Spurgin and Mayor Kleindienst NO: Member Oden ABSENT: None. 19. CITY INVESTMENT POLICY Recommendation: That the Council approve a City Investment Policy. Director of Finance & Treasurer reviewed the staff report, no further report was given. Resolution 20498 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried, that R20498 be adopted. 20. ADDITIONAL LEGISLATIVE ITEMS: Recommendation: That the Council approve a Tolling Agreement with El Dorado Palm Springs, LTD., a California Limited Partnership, terminating October 23, 2003. A4599. City Attorney reviewed the conditions of the Tolling Agreement. Councilmember Oden questioned who would be monitoring the process. City Attorney stated that the residents of El Dorado would continue the activity. Minute Order 7207 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried, that MO7207 be adopted. ' ADDED STARTERS: None REPORTS & REQUESTS: Council Minutes 11-26-02, Page 11 CITY COUNCIL reports or requests Councilmember Mills requested a report on the Ruth Hardy Park tennis court lighting , operation. Councilmember Hodges requested the completion date for Farrell Drive construction. Mayor requested staff assistance to CVAG regarding traffic signals at Gene Autry, Date Palm and 1-10. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declaarr d the meeting adjourned. PATRICIA A. SANDERS City Clerk