HomeMy WebLinkAbout9/6/2000 - STAFF REPORTS (4) CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JULY 19, 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, 3200 Tahquitz Canyon Way, on
Wednesday, July 19, 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 LaVeta
Dillman, Chapel on the Way.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on July 14, 2000.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities)- See items on Page 10 of agenda this date.
PRESENTATIONS: None.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: - No Business
Adjourn as the Community Redevelopment Agency; remain in session as the City
Council.
PUBLIC COMMENTS:
Philip Tedesco stated the vacant land behind Denny's on East Palm Canyon is of
concern; and urged the Council to consider any and all architecture before any projects
are approved.
Richard Samuels stated that there are homes in his area that are being bought by folks
from Seattle; that the homes are then used as rentals; that the visitors cause noise
disturbance in the residential areas; that parking problems are occurring and that the
short-term rental situation needs to be investigated by the City.
Wendie Busig-Kohn stated that the Council and the residents should not undersell Palm
Springs; that people are coming here to have a good time; that there is good promotion
going on; and that there will be a concert at the Annenberg Theatre that will benefit the
City and hopefully turn into a serial event.
Council Minutes
07-19-00, Page 2
Shelly Saunders, Parks & Recreation Commission, stated that the Commission is
excited about the upcoming discussion regarding the skate park; that it is an exciting
program; that many have helped in the selling of the idea; that the Agua Caliente Band
of Cahuilla Indians did donate $30,000 for the development stages of the skate park;
and that the skate park will benefit the children of the City.
John Booth, PSPOA, thanked the Council for the good faith negotiations; and added that
there was additional language to be worked out by the City Attorney; that the PSPOA
was confident that the City Attorney would complete the language satisfactorily; and that
the PSPOA has no desire to ask the City Council to pay for something it does not want
to pay for.
Bob Garner, Rancho Mirage, stated that harmony needs to be promoted between the
Tribes; and endorsed Councilmember Oden in the Congress race.
Diane Reed, 122 Del Mar, stated that recently the Rivera had to shut down its exposition
due to power shortage; that it is important that the infrastructure for the City is supportive
of its needs; that the demands of the City for power need to be met; and added that this
should be a consideration with any new building or growth of schools.
Laura Kohler, PS Mall Skate Shop, stated that the skate park will benefit the City; that
her own shop is busy, but the kids have no place to go; that the kids have indicated they
are not happy with the facility in Palm Desert; and added that representation from the
users should be included in the Committee.
Fred Ebeling, 2460 Tuscan Road, stated that he used to live at the given address, but
that criminal activities preclude his residency; that the police have not investigated the
burgerly at his home properly; that there is total indifference from public employees; and
that the City is ignoring its citizens.
APPROVAL OF CONSENT AGENDA: Items 1 thru 20.
It was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that items
1 through 20, excluding 3 & 10, be adopted.
CONSENT AGENDA:
Review by City Manager of Consent Items to be clarified.
1. Approval of Minutes of June 7, 14 and 21, 2000.
2. MO 6650 authorizing the City Manager to accept airport improvement program
(AIP) federal grants for federal fiscal year.
Council Minutes
07-19-00,Page 3
3. MO ---- approving Consent to Assign from John Apostle and Helen Apostle,
trustees of the Apostle Family Trust to AP-Palm Springs Airport LLC and MO ---
for lease extensions for a total of 18 years for property located at 255, 265 and
275 N. El Cielo, Airport Park Plaza. A2528, 2529 and 2636. Withdrawn.
4. MO 6551 approving agreement with DuPont Flooring Systems for monthly carpet
maintenance services at the Airport for a total of$31,836 per year. A4244.
5. MO 6652 approving Change Order#4 with James E. Simon Co., for airport
taxi/bus holding building project, for$6,866.60, total contract $430,148.40, CP99-
07. A4105.
6. MO 6653 approving Change Order#1 with G & M Construction for citywide
floodgates for$11,000, total contract $22,000, CP99-18. A4213. Hodges
Abstain.
7. MO 6654 approving agreement with Engineering Resources of Southern
California, Inc., for construction staking services for E. Palm Canyon/Gene Autry
widening for $11,205, CP92-36. A4245.
8. MO 6655 approving agreement with Courtmaster Sports, Inc., for tennis court
and basketball court resurfacing improvements for$39,826, Schedules A through
D, CP00-09. A4246.
9. MO 6656 approving contract with Contreras Construction Co. for Alano Club
parking lot improvements for$39,099, CP99-01. A4247.
10. See Extended Consent Agenda below.
11. MO 6657 waiving greens and cart fees for the Palm Springs Police Officers
Association Annual Golf Tournament at the Tahquitz Creek Resort Course on
Monday, December 4, 2000.
12. MO 6658 approving agreement with Palm Springs Youth Center for property
located at 255 South El Cielo (old DMV building) for the operation of the Palm
Springs Boxing Club, for a term of five years, at no fee. A4248.
13. MO 6659 approving agreement with the Palm Springs Athletic League for use of
the Palm Springs Stadium and Leisure Center office space for its youth
baseball/softball program for a term of three years, for a total of$700 per month.
A4249.
14. MO 6660 approving agreement with Piranhas Swim Club for use of the swim
center for a term of three years for a total of$900 per quarter. A4250.
Council Minutes
07-19-00,Page 4
15. MO 6661 approving agreement with Palm Springs Youth League for use of
DeMuth Park, Stadium and Cerritos Field for youth baseball/softball programs for
a term of three years for a total of$7,000 per year. A4251.
16. MO 6662 approving sole-source purchase order contract to Johnson Power
System, for caterpillar engine repair parts for a term of one year for $100,000.
17. MO 6663 approving purchase order contract with Nalco Chemical for water
treatment chemicals for a term of one year for$60,000.
18, MO 6664 approving purchase with Consolidated Media Systems for one Trinity
video production system for$17,190.85 for televising needs of Channel 17,
19. MO 6665 approving purchase of downtown/uptown and city hall holiday lighting
program for 2000-01 season from Harrington Decorating Company, Inc., for
$68,760.
20. Res 19824 approving Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Hodges 955111 DWA Client of Employer
955137 G&M
955193 Landau Dev.
955241 Preferred Plumbing
EXTENDED CONSENT AGENDA:
10. Recommendation: That the Council approve purchase price of $7,353.72 for
Assessor's Parcel Number 686-110-021-1, 280 acres, located on the western
edge of the Palm Hills Specific Plan area, by the Coachella Valley Mountain
Conservancy.
Councilmember Hodges questioned if the item was prepared at the
Conservancy's request; and how the property is to be acquired.
Director of Planning & Building stated that the property is not owned by the City;
that the Conservancy is obtaining the lands through tax default; that the request
of the Conservancy is to obtain the land to hold for open space; and that the land
is within the City's limits.
Councilmember Oden questioned if the land was near a planned development
area.
Council Minutes
07-19-00,Page 5
Director of Planning & Building stated that the land was virtually inaccessible;
that it was a very remote area and will not affect any proposed development.
Minute Order 6666 as recommended was presented; after which, it was moved
by Reller-Spurgin, seconded by Oden, and unanimously carried that MO6666 be
adopted.
PUBLIC HEARINGS:
21. TPM29638, PD259, LUNDIN DEVELOPMENT
Recommendation: That the Council open and continue Public Hearing to August
2, 2000.
Director of Planning & Building requested the hearing be opened and continued
to September 6, 2000.
Mayor declared the hearing open; there being no appearances, the hearing was
closed.
Motion to continue the hearing to September 6, 2000 was presented; after which,
it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried
that the matter be continued.
22. SEWER SERVICE CHARGES-FISCAL YEAR 2000-01
Recommendation: That the Council approve placement of sewer service
charges on property tax rolls.
Director of Finance and Treasurer reviewed the staff report.
Mayor declared the hearing open; there being no appearances, the hearing was
closed.
Resolution 19825 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Oden, and unanimously carried that R19825 be
adopted.
23. RIGHT-OF-WAY VACATION PORTION OF PASEO DE ANZA
Recommendation: On July 5, 2000, Council set this date to consider vacating
and abandoning all right, title and interest in a portion of the right-of-way
dedicated for Paseo De Anza lying between Via Escuela and Racquet Club Road
in Section 2, T4S, R4E, R97-017.
City Engineer reviewed the staff report.
Council Minutes
07-19-00,Page 6
Mayor declared the hearing open; there being no appearances, the hearing was
closed.
Resolution 19826 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin, and unanimously carried, that R19826 be
adopted.
24. ANNUAL MAINTENANCE DISTRICTS - 2000-01 ASSESSMENTS
Recommendation: That the Council approve annual maintenance costs for the
following districts: Street Lighting Maintenance Districts (SLMD) 1, 2, 3 and 4; and
Parkways Maintenance Districts 6 (A, B, C), 7, 8 and 9.
Assistant City Manager-Special Projects reviewed the staff report.
Councilmember Hodges stated that for the past 10 years there has been no
opposition to the assessments.
Mayor declared the hearing open (for SLMD 3 & 4, PMD 6A, B & C, 7, 8 & 9);
there being no appearances the hearing was closed.
Resolutions 19827, 19828, 19829, 19830, 19831, 19832, 19833 and 19834 as
recommended were presented; after which, it was moved by Hodges, seconded
by Reller-Spurgin, and unanimously carried that R19827-19834 be adopted.
25. CITY-WIDE PUBLIC NUISANCE ABATEMENTS (33)
Recommendation: That the Council approve 33 public nuisance abatements
located throughout the City and direct City Clerk to record liens against the title of
each property.
Director of Planning & Building reviewed the staff report.
Councilmember Jones stated conflict of interest for property located at 2277
North Palm Canyon.
Mayor declared the hearing open.
Lawrence Sofino expressed appreciation to the Council for past assistance
regarding the property at 2330 North Palm Canyon; and added that concerning
the property at 2277 North Palm Canyon there were some miscommunications;
that if the tenant were to satisfy all the requirements of the City it would cause
undue burden and requested Council consideration of an extension of time.
There being no further appearances, the hearing was closed.
Council Minutes
07-19-00,Page 7
Director of Planning & Building stated that the charges relating to 2277 North
Palm Canyon were related to administrative costs; that the issues have been
going on for over one year; that the applications submitted were incomplete; that
a legal document must be correct; that contact was made with the Tenant and
Mr. Sofino a minimum of six times; that personal contact was made; that Code
Enforcement and the City Attorney spent a lot of time on the issue; and that once
the application was in order, the permit was issued.
Councilmember Reller-Spurgin questioned why some of the abatements were
pulled from action.
Director of Planning & Building stated that once paid, the matter is pulled from
action.
Councilmember Hodges stated that an explanation is due; that these property
owners were contacted; that City funds were expended; that the properties were
not in compliance; and that the owners should pay the costs.
Mayor Kleindienst questioned if the accounting for the property located at 517 E.
Vista Chino covered all staff, City Attorney and demolition fees.
Director of Planning & Building stated the costs were covered.
Mayor Kleindienst stated that throughout the City, the buildings that once were
problems/blight are being eliminated; that the other neighbors are fixing up their
properties and that the changes are visible.
Resolutions 19835 through 19867 as recommended were presented; after which,
it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried,
Jones Abstain on Resolution 19860, that R19835 — 19867 be adopted.
26. CS 5.0831, PD261 TTM29659 DENNIS CUNNINGHAM/ELECTRIC AVENUE
Recommendation: That the Council approve Tentative Tract Map 29659,
applicant Dennis Cunningham/Electric Avenue, to subdivide a 1.2 acre site into a
7 lot residential subdivision located in the southeast corner of Camino Real and
Twin Palms Dr., R-2 Zone, Section 26.
Director of Planning & Building reviewed the staff report and reviewed visual site
plans.
Councilmember Hodges questioned if the entrance was on Camino Real.
Council Minutes
07-19-00,Page 8
Director of Planning & Building stated that the guest entrance was on Camino
Real; and in answer to questions by Council stated that there is also guest
parking area at the front doors; that the applicant is concerned with the
requirement of undergrounding of utilities; that the size of the homes will be
around 1,800 square feet; that the access to the garages is within the complex;
and that the small lots make a difficult on site turnaround.
Mayor declared the hearing open.
Margo Williams, Mainero, Smith & Associates, 777 E. Tahquitz Canyon, stated
that the project is exciting; that it is a good fit for the neighborhood; that there are
a few conditions that are objectionable; that Condition 35 will be worked out with
the Fire Department; that Condition 60, concerning the undergrounding of utilities
does not make sense at this point in the project; that it will be an expense which
will not improve the visual impact of the area, due to the limited amount of poles
that will be undergrounded; that staff was cooperative; that with the refinements
requested by staff, the project got better; and requested Council consider the
adjustment to the two Conditions.
Mr. Cunningham, developer, stated that there were a number of refinements that
the staff and Planning Commission did request; that those refinements did in fact
better the project; that there were comments concerning colors; that the colors
were muted; that the process in Palm Springs was easy and excellent in that it
allowed the developer to come in and work through the system in the right
direction; that the Planning Commission did work well with the project; that the air
conditioning units on the roofs will be shielded; and that the project is pedestrian
friendly.
There being no further appearances, the hearing was closed.
Councilmember Hodges questioned the Community involvement with the project.
Director of Planning & Building stated that because of the size of the project, full
Community meetings were not held; and that it will be a small single-family
residential project.
Councilmember Oden stated that the muted colors were acceptable; that the
colors originally presented would have added a lot of excitement to the project;
that the project does show a creative use of space; and that with the projection of
the population doubling in the Valley, this type of architecture will be needed.
Councilmember Jones stated that he endorsed the use of muted colors; that
there is a concern with the metal fence; that the fence looks cheap and will get
dented; and that the utilities should be undergrounded.
Council Minutes
07-19-00, Page 9
Mayor stated that the modernist movement is being recognized; that the project
will be complementary to the modern architecture; that the real estate market for
mid-century architecture is really at an all time peak in the City; that the
architecture is tight and efficient; the project is on the right track; that the
setbacks are not of great concern; that there may be some impact at the rear of
the project with the hard surface of the building and the face of the wall acting as
an echo area; that the drainage at the rear driveway will need to be addressed;
and questioned where the trash containers will be located.
Ms. Williams stated that there would be individual cans located on Camino Real.
Mayor stated that this is a good example of a startup house; and that it will be
addressing a market need.
Councilmember Hodges stated that Condition 35 should be worked out with the
Fire Department; and that Condition 60 could be limited to poles put in by the
developer.
Mayor stated it is unfair to require the undergrounding of the existing poles; that
the proposed poles should be required; and the neighborhood work out an
agreement for the existing poles.
Resolution 19868 as revised, adjusting Condition 35 to be worked out with the
Fire Department, and Condition 60 to concern only proposed poles to
underground, was presented; after which, it was moved by Oden, seconded by
Hodges and carried by the following vote that R19868 be adopted.
AYES: Hodges, Oden, Reller-Spurgin and Kleindienst
NO: Jones.
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:
27. PALM SPRINGS SKATE PARK
Recommendation: That the Council approve the location of the Palm Springs
Skate Park adjacent to the Palm Springs Swim Center, north of Ramon Road,
and authorize staff to explore the possible funding opportunities available through
State Prop 12, the City's Recycling Fund, the City's Public Art Fund, and private
donations, subject to final approval by the City Council.
Council Minutes
07-19-00, Page 10
Director of Facilities reviewed the staff report and added that if the project is
approved in concept, there are grants that will be applied for; that the concrete in
the project is proposed to be colored; that private donations will be accepted; that
the Agua Caliente Band of Cahuilla Indians did donate $30,000 for the planning
stages of the project; that the engineering and construction estimates will be
obtained as soon as possible; that there have been letters of support from the
Community; that there are a few issues that are outstanding; that an association
may need to be formed; that a subcommittee will need to be appointed; that one
of the concerns is to get a large input as to design from the teenagers that will be
using the park; that there will not be an access point off of Ramon; that there will
be amenities in conjunction with the park; that it will be fully landscaped, and it is
hoped that bleachers will be incorporated; and that the entire project may also
lend itself to expanded activities for the youth at the pavilion.
Councilmember Hodges stated that it is an excellent concept and a good
location; that everyone in the Community realizes that the park is needed; that
the biggest hurdle will be to figure out where to get the money; that there are so
many good, supportive people in the community that it is her opinion that the
donations will be generous; that there may be other ways to tap grants and other
funding and that it is better to do the project sooner than later.
Councilmember Oden stated that this will be a good community effort; that there
are a lot of needs that the Community is facing concerning our youth; that this will
be one of those needs that will be met; that a central activity area is needed for
the youth; that it seems a lot of the bases have been covered; that the young
people do need to be directly involved during the input process; and that this
project will pull all of the Community together toward a common goal.
Councilmember Reller-Spurgin stated that when City Hall was renovated the
Palm Springs Monopoly game was created and sold; and that for the skate park,
a new Palm Springs Trivia Game has been created with all profit to go towards
the skate park.
Councilmember Jones stated that he had walked the proposed site, and that he
is in favor of the project; that he is not in favor of taking trees out, however; that
while some of the trees are not healthy, they should not be removed, but
replaced and questioned if the surrounding neighborhood had been contacted
regarding the proposed project; and added that funds that are not related to this
project should not be used.
Mayor questioned the availability of grants.
Director of Facilities stated that there are some new grants that the State is
offering; that at this time, staffing on the State level has not been selected, so
information is difficult to obtain; but that the anticipated costs for the park would
be $500,000 or more.
Council Minutes
07-19-00,Page 11
Mayor stated that in some grant processes, the first in get the first grant; that
sometimes a ranking process is not involved; that staff needs to be aware of
those types of situations; that staff should be authorized to move ahead to search
out grants and start the design process; that a team should be brought together
to represent the Community; that at the next meeting the matter should be
brought back to Council for authorization of the funding; that the concept should
not be limited to just the skate park, but encompass a center of activity for youth
recreational purposes; that rates, fee structures, security are all issues that
ultimately need to be addressed; that concessions will need to be a part of the
center; that at times trees and skateboards are not compatible; that Temecula
does have a great example of a skate park; and that the needs of the skaters
should be considered.
Councilmember Hodges stated that some type of visual plan does need to be
presented as a part of the fundraising effort.
Minute Orders 6667 and 6668 as recommended were presented; after which, it
was moved by Oden, seconded by Reller-Spurgin, and unanimously carried that
MO6667 and MO6668 be adopted.
28. 1999-00 CONTINUING APPROPRIATIONS
Recommendation: That the Council authorize the continuation of appropriations
from the Fiscal Year 1999-00 budget for projects not completed to the 2000-01
Fiscal Year budget.
Finance Director& Treasurer reviewed the staff report.
Mayor stated that the legal action with Brown & Divan had a $75,000 allocation;
and noted that$60,000 was remaining.
Finance Director & Treasurer stated that the $60,000 may cover the settlement
offer and that if it is not accepted, staff will bring the item back for further
consideration.
Resolution 19869 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Hodges, and unanimously carried, Kleindienst
abstain, that R19869 be adopted.
29. PURCHASE OF OFFICE FURNITURE
Recommendation: That the Council approve the purchase of office furniture for
the executive wing at City Hall from Seal Furniture and Systems, Inc., for
$39,868 plus tax.
Assistant City Manager reviewed the staff report.
Council Minutes
07-19-00,Page 12
Councilmember Hodges questioned if all the furniture was needed at this time.
Assistant City Manager stated that it is needed; that the furniture can be obtained
at a lesser cost at this time; that the old furniture will be recycled to other
departments that are in need; and that the quality and lifespan of the furniture will
allow the City to join in on an excellent price.
Councilmember Jones stated that he does have a problem with spending
$40,000 on furniture; that there were requests from City organizations needing
financial help; and that right now the City does not have this type of funding to be
spending on furniture.
Councilmember Reller-Spurgin clarified that the Mayor's Office is fully furnished
by the Mayor; that when he leaves, so will the furniture; that when the Council
meets in the Mayor's Office, there is not enough seating; and that when the
Mayor leaves, there will be additional expense, due to no furniture being left in
the office.
Mayor stated that when he took office four years ago, it was difficult to function
within the furniture set up; that the office was emptied, and he brought his own
furniture in to furnish the office; that an appropriate seating arrangement is
needed; that there will be additional costs when a new Mayor comes in; that the
secretary needs a desk and storage facilities; that while he has never asked the
City to cover the costs for his office furniture, the seating is needed and
requested at this time.
Minute Order 6669 as recommended was presented; after which, it was moved
by Oden, seconded by Hodges, and carried by the following vote that MO6669
be adopted.
AYES: Hodges, Oden, Reller-Spurgin and Kleindienst
t NO: Jones.
30. 1999-00 FISCAL YEAR BUDGET AMENDMENT
Recommendation: That the Council amend the Fiscal Year 1999-00 budget to
appropriate an additional $205,000 for Police Overtime and an additional
$183,000 for Fire Overtime, for a total of$388,000.
Director of Finance & Treasurer reviewed the staff report.
Councilmember Hodges stated that all are aware of her opinion on this matter
and added that the issue will be resolved in the future.
Mayor questioned if the amendment would equal the total of the overtime for both
police and fire departments for this year.
Council Minutes
07-19-00,Page 13
Director of Finance & Treasurer stated that the total for the fiscal year 2000-01
would be police $650,000 and fire $450,000.
Mayor questioned what the expenditures were last fiscal year.
Director of Finance & Treasurer stated police $875,000 and fire $592,000.
Mayor stated that the numbers were high; and questioned why the variables
were not changed for this fiscal year; and added that while it is not the fault of the
Chief's that overtime occurs, the issues need to be monitored and the Council
made aware before the issues become critical; that soft numbers should not be
used and a more realistic accounting should be projected.
Assistant City Manager stated that staff felt comfortable with the projections; and
that there are vacant positions whose allocations will be transferred over to the
overtime budget for additional funding.
City Manager stated that there are a number of issues; that there are times when
the employees begin to think they are entitled to overtime; that staff should not
be afraid to give overtime when it is needed, but that it does need to be
monitored; that there will be bi-weekly reports to the Council on the status of the
overtime; that if it seems that the issue is getting out of hand, the matter will be
scheduled for discussion; that as long as the matter is monitored and tracked
provisions can be made; that his position is to determine the reason for the
overtime and present a solution to the Council.
Resolution 19870 as recommended was presented; after which, it was moved by
Hodges, seconded by Oden, and unanimously carried, that R19870 be adopted.
31. TTM28087-EL DORADO
On July 5, 2000 Council directed staff to prepare a Resolution of Denial for
Tentative Tract Map 28087, El Dorado, to subdivide the existing 377 mobile
home spaces to condominium spaces at 6000 EPC, W-R-MHP and R-MHP,
Section 29 for Council consideration.
Director of Planning & Building reviewed the history of the proposed action.
Councilmember Jones stated that through City assistance, negotiations may be
able to ensue; that both sides do want to consult; that if the City Council, through
a subcommittee, assisted the parties a resolution may be reached; that both
sides have agreed to this type of mediation; that no rights or legal arguments
would be waived; that the next meeting of the Council is on August 2, 2000; that
it does allow a few weeks to have meetings; that since both sides are requesting
a subcommittee to take part in the meetings, he would recommend appointing a
subcommittee to participate; that if the matter goes to court the process will be
lengthened with an adverse reaction; that it is in the interest of the City to assist
Council Minutes
07-19-00,Page 14
in the matter to ensure the residents can economically afford the options; that in
litigation someone loses and someone wins, that the Council may help both sides
experience a win; and that this is an reasonable opportunity for the Council to
pursue.
City Attorney stated that he has talked to the both parties and it is agreeable to
allow a subcommittee of the Council to help with the process.
Charles Prawdzik, attorney for the homeowners, stated that the matter has been
ongoing for the past seven years; that with the delays, interest rates are at a
maximum; that the homeowners are willing to negotiate; that if two additional
weeks gives the Council comfort that the homeowners have done as much as
possible, the homeowners are willing to wait the two weeks; that the door of the
homeowners is open; that all that is asked by the homeowners is to be
considered equally in the action that the owners want to take; that it would be
preferable for the City Attorney to support and defend the action taken by the
Council at its past meeting, but that in good faith, the homeowners are willing to
try once again with the assistance of a Council subcommittee.
Councilmember Oden stated that he has no problem waiting an additional two
week for action on the matter; but that if the parties have not been able to come
to resolution for the past five years, it may take more than the allotted time; that if
the law is being interpreted correctly, then action does need to be taken to
protect the tenants; that if two weeks will make a difference, then in his opinion, it
would be good to try, but that he would stand by his motion of the past meeting in
approval of the denial.
Councilmember Jones stated that the two-week period is not long, but that it is
good to try to resolve the issue and moved a continuance of the matter to August
2, 2000.
Councilmember Oden questioned if the motion would include the appointment of
a subcommittee.
Councilmember Jones restated the motion to continue the matter to August 2,
2000, with the appointment of a subcommittee.
Mayor stated that Councilmembers Hodges and Reller-Spurgin currently are
subcommittee members regarding the El Dorado Mobile Home Park.
Councilmember Reller-Spurgin stated that this has been a battle for the past
eight years; and that two additional weeks is a small concession to make if the
matter can be resolved.
Council Minutes
07-19-00,Page 15
Motion to continue the matter to August 2, 2000 and the appointment of Hodges
and Reller-Spurgin to serve as a subcommittee was presented; after which, it
was moved by Jones, seconded by Oden, and unanimously carried that the
matter be continued and Councilmembers Hodges and Reller-Spurgin be
appointed as subcommittee members.
32, ANNUAL RESERVATION OF UNAPPROPRIATED FUND BALANCES
Recommendation: That the Council appropriate into reserves the unappropriated
fund balances in designated City Operating and Capital Project Funds for future
operations or projects.
Director of Finance & Treasurer reviewed the staff report.
Resolution 19871 as recommended was presented; after which, it was moved by
Hodges, seconded by Oden, and unanimously carried, that R19871 be adopted.
33. 2000-01 APPROPRIATION LIMIT
Recommendation: That the Council approve establishing appropriations limits
for the 2000-01 fiscal year in accordance with Article XIIIB of the California
Constitution.
Director of Finance & Treasurer reviewed the staff report.
Resolution 19872 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Oden, and unanimously carried, that R19872 be
adopted.
34. PALM SPRINGS CAR CLASSIC AGREEMENT
Recommendation: That the Council approve an agreement with Spectrum
Auction Company to produce the Palm Springs Car Classic, a City-sanctioned
event, for a term of five years. A4251.
Director of Facilities reviewed the staff report.
Minute Order 6670 as recommended was presented; after which, it was moved
by Oden, seconded by Reller-Spurgin, and unanimously carried, that MO6670 be
adopted.
Council Minutes
07-19-00,Page 16
35. ORDINANCES FOR SECOND READING & ADOPTION (Intro 7-5-00)
City Clerk read Title of Ordinance 1587 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
REPEALING ORDINANCE NO. 1580 CHANGING THE ZONING DESIGNATION
OF PROPERTY LOCATED IN SECTION 10 FROM W-R-1-A (WATER COURSE
WITH SINGLE FAMILY RESIDENTIAL — 20,000 SQ. FT. LOT SIZE) TO 0-20
(OPEN SPACE—20 ACRES MINIMUM LOT SIZE)
and
City Clerk read Title of Ordinance 1589 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
THE PALM SPRINGS MUNICIPAL CODE;
after which, it was moved by Oden, seconded by Hodges, and unanimously
carried, that further reading be waived and Ordinances 1587 and 1589 be
adopted.
City Clerk read Title of Ordinance 1588 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 12.20.020 OF THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO THE ESTABLISHMENT OF CERTAIN SPEED LIMIT ZONES,
after which, it was moved by Oden, seconded by Hodges that further reading be
waived; and it was further moved by Oden, seconded by Hodges and carried by
the following vote that Ordinance 1588 be adopted.
AYES: Jones, Hodges, Oden and Reller-Spurgin
NO: Kleindienst
ADDITIONAL LEGISLATIVE ITEMS:
36. DESERT WATER AGENCY FACILITIES RELOCATION-HERITAGE TRAIL
Recommendation: That the Council approve issuance of a Purchase Order to
Desert Water Agency for the cost of relocating water facilities relating to the
Heritage Trail for$25,000, CP93-49.
Council Minutes
07-19-00, Page 17
City Manager stated that the request is for Desert Water Agency to relocate
some water lines and meters; that originally the Council did approve an
agreement between the City and Desert Water Agency; that the cost is $25,000;
that normally a purchase order is issued for this type of work; that the timing for
the project is of the essence; and that with the purchase order in place work can
proceed in a timely fashion.
City Attorney stated that in the past purchase orders were issued for this type of
work; that an actual contract is needed; that staff is aware that future work will
need to be in a contractual form; that contracts are needed to assist in any
litigation or claims that arise from the work, but that in this case, time is of the
essence.
Minute Order 6671 as recommended was presented; after which, it was moved
by Hodges, seconded by Oden, and unanimously carried that MO6671 be
adopted.
ADDED STARTERS: (Determine eligibility for consideration)
It was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that the
following items be added to the agenda for consideration.
AS1. Police Safety MOU
AS2. Police MX MOU
AS3. Fire Safety MOU
AS4. Fire MX MOU
Assistant City Manager stated that negotiations had been ongoing for the past three
months; that the units have come to agreement; that there are cost of living increases;
that some adjustments to health insurance were included; that in most cases the
salaries were brought up to median; and recommended approval.
Councilmember Hodges stated that while there are no questions on the contracts
themselves, there is concern with the number of shift hours the police department will be
going to; that a 12.5 hour work day is long; that there is a lot of responsibility that an
officer carries each day; and that she is concerned for the employees; that there are
some large financial obligations the City is taking on; that while the past year has been a
good one in revenues, there have been lean years; that four year contracts are long; that
the budgetary impacts of cutting employees is an experience that one does not want to
go through; and that the Council should be cautious not to lock itself into something that
may be difficult to accomplish.
Council Minutes
07-19-00,Page 18
Councilmember Jones stated that he was not happy with the process of the negotiations;
that there are a lot of costs included; that there are extra wages and pensions that the
City must now pay; and questioned if the revenue drops, how will those costs be
covered; that cut backs will have to occur; that the pensions in four years will increase by
50%; that there is a problem with that; and that it is the Council's responsibility to project
these types of impacts on the City for the future.
Councilmember Oden stated that it is good to bring the negotiations to closure; that
there are so many things that the Council needs to work on and this is one issue that
can be put behind as finished; that there are no guarantees for the future; that the hours
were discussed; that other Cities are using the schedule; that it does seem to work in
other Cities; that overall the plans are good; that the plans are fair and favorable for both
the employees and the City.
Councilmember Reller-Spurgin stated that it is true there is a concern with the cost; that
there will be a long term impact on the citizens; but that the reality is the citizens want a
police department; that when a police department is in place, it does have a cost factor;
that the City is unique in that it does have its own police and fire departments, airport,
wastewater treatment plant; that the City Manager has been made aware of the Council
goals; and that this is a step forward for the City.
Mayor stated that the change in the police work schedule will be an asset to the City if it
does work out; that the retirement of 3% at 50 is driven by the State; that when a
standard becomes a norm, the City must change to that norm to maintain good
employees; that very few Cities have the quality of employees that Palm Springs does
and that it is a good deal for all parties.
City Attorney stated that there is some reopener language that needs to be worked out
in the contracts, but that the matter will be resolved to the betterment of the City and its
employees.
Resolution 19873, regarding Police Safety MOU, was presented; after which, it was
moved by Reller-Spurgin, seconded by Oden, and carried by the following vote that
R19873 be adopted.
AYES: Oden, Reller-Spurgin and Kleindienst
NO: Hodges and Jones.
Resolution 19874, regarding Police MX MOU, was presented; after which, it was moved
by Reller-Spurgin, seconded by Oden, and carried by the following vote that R19874 be
adopted.
AYES: Oden, Reller-Spurgin and Kleindienst
NO: Hodges and Jones.
Council Minutes
07-19-00,Page 19
Resolution 19875, Fire Safety MOU, was presented; after which, it was moved by Reller-
Spurgin, seconded by Oden, and carried by the following vote that R19875 be adopted.
AYES: Oden, Reller-Spurgin and Kleindienst
NO: Hodges and Jones.
Resolution 19876, Fire MX MOU, was presented; after which, it was moved by Reller-
Spurgin, seconded by Oden, and carried by the following vote that R19876 be adopted.
AYES: Oden, Reller-Spurgin and Kleindienst
NO: Hodges and Jones.
REPORTS & REQUESTS:
DEPARTMENTAL reports or requests-Received for filing.
37. Treasurer's Investment Report as of May 31, 2000
CITY COUNCIL reports or requests
a) Mayor requested a report regarding the bridges at 1-10, particularly design
aspects.
b) Councilmember Jones requested a Study Session be scheduled concerning
Mr. Tysen's letter regarding youth in the downtown area.
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