HomeMy WebLinkAbout1993 - MINUTES - 11/17/1993 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
NOVEMBER 17, 1993
A Regular Meeting of the City Council of the City of Palm Springs, was called to order by Mayor Maryanov, in
the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, November 17, 1993, at 7:30 p.m.
ROLL CALL: Present: Councihnembers Hodges, Lyons, Reller-Spurgin, Schlendorf and
Mayor Maryanov
Absent: None
The meeting was opened with the Salute to the Flag led by Boy Scout Troop 905, and a Moment of Silence.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council
procedures on November 12, 1993.
PRESENTATION: P.S.H.S. Commissioner of Community Relations Report-Natalie Nelson
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.
APPROVAL OF MINUTES: October 27, 1993
PUBLIC HEARINGS:
1. MUNICIPAL CODE AMENDMENT -WATER EFFICIENT LANDSCAPE CITY-WIDE
Recommendation: That the Council approve the Water Efficient Landscape Ordinance by adding Section
8.60 to the City of Palm Springs Municipal Code. The purpose of this ordinance is to establish minimum
water efficient landscape requirements for all new and rehabilitated landscape projects as required by State
law.
Director Planning&Zoning reviewed his memorandum,noting that the City has been subject to the State's
ordinance as of January 1, 1993, which was the mandated date by which local ordinances were to have
been adopted;that the purpose of the ordinance is to establish minimum water efficient landscaping for new
and rehabilitated projects; that the ordinance has been discussed with the DWA, CVCWD and Building
Industry Association, as well as local landscape architects, and there are no objections; that it affects all
development except single-family residential and very small projects; that i.; requires water audits for
landscape areas in excess of 60,000 square feet for both private and public property, and any with 50%
recycled water are exempt, i.e., the municipal golf course, DeMuth Park and Ivdesquite Golf Course; and
that a fee schedule will be developed for approval by the Council.
Mayor declared the hearing opened; there were no appearances, and the hearing was closed.
001)
In answer to questions by Council, Director of Planning&Zoning reported that the City's landscaping has
been very water efficient, and if adjustments are required, it would be qualitative and not hardware; that
he would need to check to see if cemeteries are exempt just from the audit, or from the entire chapter; that
"programmed irrigation" means computer controlled; that only those sites noted are within the service area
for recycled water; that DWA performs the audits; that removal of lawn or other landscaping is not
required, rather a reasonable water consumption is established, which should result in cost savings for
consumers; and that the State law will apply in the absence of local ordinance.
City Manager suggested that the Council schedule a joint meeting with the Desert Water Agency to discuss
this and other policy issued.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER
8.60 TO THE CITY OF PALM SPRINGS MUNICIPAL CODE, RELATING TO WATER
EFFICIENT LANDSCAPE REQUIREMENTS.
It was moved by Lyons, seconded by Reller-Spurgin, and unanimously carried, that further reading be
waived, and the ordinance be introduced for first reading.
Council Minutes
11-17-93, Page 2
2. ANNEXATION #26 - ORDINANCES RELATING TO WIND ENERGY
Recommendation: That the Council adopt amendments to Section 9402.00H(Conditional Use Permits)of
the Zoning Ordinance and Chapter 11.74 (Noise Ordinance) of the Municipal Code related to the
development of Wind Energy Conversion Systems (WECS). The purpose: of these amendments is to
provide standards for the development of WECS at such time Annexation #26 becomes final,.
Director of Planning& Zoning reported that workshops were held to bring property owners and the wind
industry together, however, it was not well attended; and that modifications were recommended to the
ordinance as proposed. He reviewed the changes, as noted in legislative draft provided at the meeting, a
copy of which is on file with the City Clerk. He stated that the standards are very similar to the County
ordinance, with one exception, i.e., the City requirement for new and upgrades is 55 decibel, and the
County is 45 db for a permit, and 55 for upgrade; that there are no new permits pending, and only a few
cases where modifications could be made to sites near residential uses; and it is felt that 55 db will protect
residents. He stated that a 55 db is almost impossible to measure and enforce:considering the wind noise
factor.
Mayor declared the hearing opened.
William Emmerton, wind energy consultant, stated that I,000 turbines will he removed over the next 18
months and replaced with about 150, similar to existing 3-blade turbines, resulting in a reduction in visible
impacts and reduced noise; that a 45 db is not a problem to achieve, and a 55 db at the residential with
accumulated noises is not unreasonable; that more energy will be produced,and the turbines will be further
away from homes, and the cost of the electricity will decrease to 4 cents pkh; and that he favored the
ordinance.
There were no further appearances, and the hearing wes closed.
In response to questions by Council, Director of Planning & Zoning stated (hart the County standard for
retrofitting is 55 db,which is what wilt mostly occur; that the noise level in the Council Chamber is in the
55 db range; that the 55 db for the City is a compromise that allows moving fitrward with the industry and
protects the residents; that existing turbines,which are to be retrofitted,operate at 60 db;that the consultant
felt that 45 db would be very difficult to measure and enforce, because of the wind noise which is also
reflected on the decibel monitor; that if the Council wished to reconsider the 45 db, he recommended
proceeding with adoption of the ordinance to allow moving ahead with the: annexation, and during the
interim that issue be referred back to the Flaming Commission for report in 60 days; that the County is
contented about the 45 db, but has not started any process to change it;; that there might be some
distinction between wind noise and turbine noise at a 55 db reading. He also stated that his staff is
developing a better notification process for all new projects, and residents will be notified, and the
retrofitting projects do not affect that, imny residences.
Assistant Planning Director stated that the County requirement is within one:-half mile, and the City will
be notifying owners within one mile.
City Clerk read titles of the Ordinances, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING NOISE (103-
ORDINANCE SECTION OF THE MUNICIPAL CODE IN REGARD TO WIND ENERGY 001)
CONVERSION SYSTEMS.
and
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
CONDITIONAL USE PEIIMIT SECTION OF THE ZONING ORDINANCE IN REGARD TO (103-
WIND ENERGY CONVERSION SYSTEM. 039)
It was moved by Schlendorf, seconded by ](lodges, and unanimously carried, that further reading be
waived, and the ordinances be introduced for first reading.
g191
Council Minutes
11-17-93, Page 3
3. ABANDONED VEHICLE ABATEMENT PROGRAM
Recommendation: That the Council approve an amendment to Section 11.80.090 of the Palm Springs
Municipal Code as required by the California Highway Patrol for participation in the Riverside County
Abandoned Vehicle Abatement Program.
Director of Planning & Zoning briefly highlighted his memorandum.
Mayor declared the hearing opened; there were no appearances, and the hearing was closed.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SECTION 11.80.090 OF THE PALM SPRINGS MUNICIPAL CODE PROVIDING FOR THE
ABATEMENT OF A LOW-VALUED VEHICLE. (103-
It was moved by Schlendorf, seconded by Hodges, and unanimously carried, that further reading be 001)
waived, and the ordinances be introduced for first reading.
INTERAGENCY REPORTS:
a) Councilmember Lyons reported on activities of the Human Resources Committee of CVAG,
relative to joining in CVAG anti-gang and graffiti project; and referral to its subcommittee on
Human Relations to support the mission statement, with exception of subpoena power.
b) Councilmember Schlendorf reported on Sunline meeting to revamp several schedules in Palm
Springs, and that the bus delivery has again been delayed, and will not he made until February-
April, although substantial liquidated damages apply after December 11.
c) Mayor reported that the airline task force met with the CVAG TAC, and discussed valley-wide
funding to develop a program that addresses cooperative advertising,airline guarantees, and rates.
PUBLIC COMMENTS:
a) The following persons spoke on matters not related to an agenda item:
Robert Keyser, resident, regarding airfares from Ontario vs. from Palm Springs; and his opinion
that revenue from Prop. 172(1/2 cent sales tax) is in addition to city revenue for safety, and not
as a replacement of such revenue.
Jan Babbs, requested that VillageFest remain at Frances Stevens Park, as it is contained, allows
the street to remain open, requires less police officers, and adds to business in the area.
Louis Lebo, Fran McGill, Diane Jessup, and Lynn Rider-Mohi (sp?), Michelle DiPietra, Dee
McCall, residents, each favored leaving the Swim Center open. Dick Brodie, resident,
commented on a conference he attended, and people who decided to stay in Palm Desert, which
he thought reflected on the conditions of parks in the community.
George Goldberg commented on money spent for downtown improvements, and stated that the
open areas present potential dangers and should be corrected.
Jim Shiner, resident and Fire Department employee, read a prepared statement, a copy of which
is on file with the City Clerk, concerning Fire Department cutbacks, and use of the Prop. 172
proceeds to restore those services which were cut. City Manager noted that the subject of the
Teeter Plan proceeds, the Prop. 172 proceeds, and the swim center and parks issues will be on
the November 23 adjourned meeting.
Daryl Meeks opposed keeping VillageFest at Frances Stevens Park; expressed his opinion of the
VillageFest committee members,noting that there are only 1-2 active members left,which should
be added to and utilized, and that his initial application did not limit his sales of books to
antiquarian, and he felt it unfair and illegal to limit him now.
c) i 92
Council Minutes
11-17-93, Page 4
b) Comments concerning Item 17.
Dick Brodie stated that according to his calculations, Valleycrest is the lower bidder.
c) Comments concerning Item 9:
Chris Lewis, representing John &Helen Apostle, stated that the amount needed to be absorbed
from the Peacock Radaker debt is greater than they were lead to believe, he requested that they
be allowed to pay the city debt, less accrued interest, over 10 years.
LEGISLATIVE ITEMS:
4. MUNICIPAL CODE AMENDMENTS (Intro 11/3/93, for second reading &adoption)
City Clerk read titles of the following:
Ord 1460 amending Zoning map from R-2 to C-D-N, at the northwest corner of Vista Chino and Sunrise (1
Way, Indian Land, Section 2. 01
Ord 1461 re: Consolidation of Municipal Election dates. (08
Ord 1462 re: Shadowrock Development Agreement, A3315 (11
08
after which, it was moved by Lyons, seconded by Hodges, and unanimously carried, that further readings
be waived, and that Ordinances 1460, 1461, and 1462 be adopted.
5. TAXI REGULATION
Council discussion regarding the taxi regulations issue.
It was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, that this matter be
continued to December 1, 1993.
6. ART SHOW GUIDELINES
Recommendation: That the Council approve Art Show guidelines for Frances Stevens Park, Sunrise Park
and Ruth Hardy Park as well as other areas where the activity is allowed by Land Use Permit to increase
the number of art shows from four to six per year.
Director of Parks, Recreation &Golf Course reviewed his report, noting that it includes event at Desert
Highland Park; that it was thought there might be a negative impact when the guidelines were first
established, however, that has not been the case, and it actually stimulates foot traffic; that after meeting
with the art groups, an increase of 2 per year,per city park,was agreed upon; that the shows are regulated
by fees processed through the Department, and through the Planning Department on non-city venues; and
that the increase is from 4 to 6.
In response to question by Council,Director of Parks&Recreation stated that"Uptown" and "Main Street"
agreed that the shows stimulate business in the area, and that the galleries are members of "Uptown."
Resolution 18227 as recommended, was presented; after which, it was rnoved by Hodges, seconded by
Lyons, and carried by the following vote, that R18227 be adopted:
AYES: Hodges, Lyons, Reller-Spurgin & Maryanov
NO: Schlendorf
ABSENT: None
I
Council Minutes
11-17-93, Page 5
ADDITIONAL LEGISLATIVE ITEMS:
A7. VIILLAGEFEST
Consideration of Casino Morongo's request to be an on-site sponsor at VillagefesE; discussion regarding
the operation and direction of Villagefest, including possible creation of separate
board/commission/committee to regulate/oversee it. Item continued from Novembar 10, 1993.
City Manager reviewed the memorandum of berry Oghurn, downtown consu➢Ea-it, and stated that if the
Council accepted the concept, Mr. Ogburn would he asked to look at the rules.
Mayor stated that he supposes the concept, and would Hike to delay action on the nnles until Mr. Ogburn
can provide input.
Councilmember Lyons also lilted the approach, and felt that the event would mm smoothly under his
supervision.
Councilmember 5chlendorf stated she liked the concept, and felt that $7,000 i'or L6 hours per month was
too much; and she did not think it appropriate for the Council not to be havolv:d in the direction of
Villagefest, nor in how its proceeds are spent, and current proceeds are budgcte:t as part of the City's
general fund dispersements.
Councilmember Hodges stated that VillageFest pays for itself, and rmalces a pso2 a, and that the Tends to
cover overseeing its operation would not cone from the General Fund; that she felt Mr. Ogburn was the
best person for it; that she dud not want to see, it go downhill any further•, ant', Chat she felt it was in a
temporary slump because of its location; that she felt the park site takes away ;tuna the atmosphere of a (050-
street fair and a community activity to mingle,up and down the street; that it was not conceived as an art 018
show; that with restructuring;of it, it may expand into those blocks; that it needs cc ordination to put it back
on track; that she felt he was entitled to a percentage of the profit, and a person nxcader contract cannot be
asked to work for free; that she dad not thiPA the Council's control to oversee t➢tie rules and regulations
s
should be delegated, and those should cone back foe approval, although the Council did not need to be
involved on a daily bases.
City Manager stated that the Villagefest coordination deals with applications and the cost of that comes
from the funds it generates; that those funds are deposited in the General Fund; =1 that if coordination
is looked at for developing events, them funding that coordination needs to be co-;sideeed.
Councilmember Schlendorff questioned if Mr.Ogburn could handle additional worl,,since he felt overloaded
at the time the budget was being considered; that if lack of time is a factor, acditional dollars are not
helpful; and that she died not want to impact his primary purpose, and possibly loci more in the overall
picture.
Mr. Ogbum stated that he felt no could accommodate it; that his concern was tins iT the event continues
in its present form, it vvill not be the type of event that is needed downtown; G1Ilah-e sees downtown as a
festival center, and the incentive is to have a successful event in order to reinvest to.seep successful events
going; and that he felt he could do it justice.
Councilmember Schlendorf stated that the Harvest Festival could tutu out to b-- a rnoneymalcer, and she
did not want to restrict the use of the funds; that she could see reinvesting a cerLnia amount, however, the
City could not afford to restrict all profits, and carry only Loses; that the funds a-a needed to augment the
General Fund revenues.
Coamcilmember Hodges noted that Mr. Ogbum'5 contract is only until June 30,mad twat she was not aware
of any between now and then that wi➢I malce a profit.
Mayor stated that Mr. Ogburn's contract was reduced 5 o at budget time,and addir,g the incentive pay will
not increase his contract more than originally projected prior to the reduction; that lire felt Mr. Ogburn will
spend more titan the 4 hours ,per week on the event; that he felt the hope is that events will make money
for the City via sales and room tax, etc. He stated that perhaps the lauguage coucen ing reinvesting needs
to be modified to create revenue but also to protect the General Fund.
Council Minutes
11-17-93, Page 6
AT VILLAGEFEST (Continued)
Mr. Ogburn responded to question and stated the¢he would like a master calendar to cross reference, and
to [Hake certain there are quality events and are on-line for more scheduling.
City Manager stated that a contract amendment could be brought to the next meeting, as well as provide
opportunity to react to the remaining issues.
Councilmember Reller-Spurgin staged that sire thought it would be fair if VillageFest moved to different
parts of downtown so all businesses reap its benefit,and she would like to see that happen; and she did not
think it fair that only two blocks besnefit each week.
It was moved by Hodges, seconded by Lyons, and unanimously carried, that the Council accept the Jerry
Ogbum concept, with modifications as discussed, agreement to come back at December ➢ meeting.
Regarding book sales, Director of Parks &!4ecreation reported that the issue,came up last Spring; that a
subcommittee of the Commission and the VillageFest Committee and book sales vendors discussed it,
although everyone did mot agree, and concluded fliq the books be 10 years or more, hardbound, arid
include comics; and the vendors are asking to be allowed to soil paperbacks ,old current releases.
Counciltrember Lyons stated that 10 years seems to be applicable; that he did not have any problem with
comics; and that he did not think merchants should compete with VillageFest.
Discussion followed whether to amend only a portion of the rules; City Attorney cornrnented that the
Council could either amend a male now, or indicate its position foe the staff to he guided by and to be
folded into later amendments.
It was moved by Lyons, seconded by Reller-Spurgin, turd unanimously carried, to approve allowing
hardback books, comic books and collectibles as amendment to Rules; input from Mr. Ogburn on other
rule changes at the December I meeginng.
Concerning the request of Casino➢Mlorongo, City Manager stated that VillageFest is basically a downtown
program to benefit downtown merchants,and in this case, it would be a vendor coming downtown to attract
people to go somewhere else.
Counci➢member Reller-Spurgin stated that VillageFcst is familly oriented, and she did not want to be part
of exposing kids to gaming; and that the Council has joined wigh the Tribal Council and made commitment,
and it needs to be kept Vocal.
Councilmember Schlendorf stated tha'k site originally thou.-lit it could be under the category of
demonstration, however, that focus in on how to create an artfal item, au.rd she did not think ganung
belongs in VillageFest in its present venue.
In answer to question by Council, Cily Manager stated that Mr. Ogbumt will begin management of the
event starting December 2.
It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, to deny the Casino
Morongo request.
It was moved by Hodges, seconded by Refller-Spurgin,and unanimously carried that the Mayor send a letter
of appreciation to the Parks fide Recreation Commission for its work on this subject.
B7. SEWER MASTER PLAN
Recommendation: That the Council accept tine MontgomeryPNVatson Sanitary Sewer Master Plan report,
which identifies system deficiencies and outlines fah-we capital improvement program prmjects required to
coffee( them.
Director of Public Works reported that the most recent atme7tation request will require updating the report,
and will require an environmental assessment, and the Planning Commission will have to review and adopt 12$'-
it at that time.
Minute Order 5252 accepting the report as recommended, was presented; after which, it was moved by
Hodges, seconded by Schlendorf, and unanimously carried, that M052;2 he:adopted.
19
Council Minutes
11-17-93, Page 7
C7. ANNEXATION 26 -WIND ENERGY PERMITS
Recommendation: That the Council authorize agreements with U.S. Windpower nand`Wintech which ensure
a smooth transition in processing wind energy permits at the time Annexation 26 is finalized, A3314 and
A------
Fred Noble stated that he has worked many years to annex this area to the City, and it has been a mutually
beneficial relationship; and that if this matter is continued, it be to a date prior to the date for the hearing
on the protests on the annexation.
City Attorney reported that there is one area remaining to be clarified regarding ii a Wintech agreement,
and he will try to meet the timeframe; that concerning Windpower, the agre,r.xent was revised, and (054-
approval will bind future actions of Us and future Councils; that case law has upheld this effect of 005)
preannexation agreements; that it fulfills some of LAFCO requirements; that it accepts existing wind
permits as valid as well as those under process through the County through to counpletion which ultimately
will obtain city building permits. He noted other context aspects, and recorumended approval of the
agreement with Wind Power, subject to final language approved by the City Attorney. He stated that
regarding Wintech, its attorney has requested some matters be included, which a ie not in the Windpower
agreement, and he recommended the matter be continued to resolve those conncersas.
Director of Planning & Zoning highlighted his report.
Resolution 18228 approving agreement with U.S. Windpav✓er, A3314, was preceuted;after which, it was
moved by Lyons seconded by Reller-Spurgin, and unauirnously carried, that RIK28 be adopted, and that
the Wintech agreement be continued (no date certain).
CONSENT AGENDA:
8. Res 18229 amending the budget to reimburse over-expendnlure and to provide the minds necessary for the (061-
remainder of the fiscal year 1993-94 for liability claims and iiiigation paymenCs.
9. See Item 20
10. See Item 21
11. See Item 22
12. MO 5283 approving a subrecipient agreement with Riverside County Housing f'.uthority for $8,500 for (085-
shelter for homeless families, re CDEG 1993-94, A3309. 001)
13. MG 5284 approving a subrecipient agre=--at with Palm Springs Youth Center %or $55,250, providing (085-
recreational youth programs, re CDEG 1993-94, A3310. 001)
14. See Item 23.
15. See Item 23.
16. See Item 23.
17. See Item 23.
18. Res 18230 amending the budget to appropriate $90,000 to the CRA to provide Lzwnds for construction of (061)
interior surface parking and other related improvements on former Eullcck's-Wilshire site.
19. Res 18231 approving Payroll Warrants. (086)
It was moved by Hodges, seconded by Reller-Spurgin, and unanimously caned, ',List Resolutions 18229
through 18231 and Minute Orders 5283 and 5284 be adopted.
� 9 6)
Council Minutes
11-17-93, Page 8
20. AIRPORT - PEACOCK RADAKER ASSIGNMENT
Recommendation: That the Council approve assignments of'lease agreements#2528, 2529 &2636 from
Peacock Financial to John Apostle and approve amendments to each of the lease agreements
Director of Aviation stated that its assignees issue of unpaid amounts is not a City problem, other than the
delinquent rent; and that there is no problem in allowing the amount to be paid over a ten year period, (051-
provided interest is paid at a comparable investment rate, and he recommended 6%. 050)
Resolution 18232 approving the assignments, with modification concerning repayment to the: City at 6%
interest,was presented;after which,it was moved by Lyons,seconded by Reller-Spurgin,and unanimously
carried, that R18232 be adopted.
21. AIRPORT - STANDARD FORM COMMERCIAL OPERATOR PERMIT
Recommendation: That the Council approve Airport standard form Commercial Business Operator Permit
for month-to-month concession and service business at the Airport, and authorize the Director of Aviation
to execute said permits.
Councilmember Hodges stated that an operator would have to gross$5,00-6,C00 monthly to generate a base
income for the City to receive the estimated amount shown in the report($1,10,000 annually), and she did
not think anyone would want to make that kind of monthly investment.
Director of Aviation stated that the concept is that the tenancy would roll over each month, not to remove
after doing a good job; and that tenants who do not abide by the rules, will not be allowed to remain. (051-
026)
City Attorney stated that the effort is to try to give the City flexibility, and if people cannot make that
financial commitment, it may be necessary to back and recommend something longer.
Resolution 18233 as recommended (format revised), was presented; after which, it was moved by
Schlendorf, seconded by Reller-Spurgin, and carried by the following vote, that R18233 be adopted:
AYES: Lyons, Reller-Spurgin, Schlendorf&Maryanov
NO: Hodges
ABSENT: None
22. AIRPORT -BIRD & STATIC CONTROL SERVICES - LEASES
Recommendation: That Res 18234 approving Lease Amendment #1 to A452, cancelling the A452,
canceling the lease of Airport facilities with Bird Products,and approve a new Lease Agreement with Static
Control Services, Inc. A3308.
Director of Economic Development detailed his report, stating the benefits to the community of Static
Control, which employees 50 professionals, and opens the door to possibly additional relocations of the (0511-
company to Palm Springs; and he complimented the Director of Aviation for his success in dealing with 007)
the Bird lease, and AMR's right of first refusal. (051-
Resolution 18234 as recommended, was presented; after which, it was moved by Lyons, seconded by
Reller-Spurgin, and unanimously carried, that R18234 be adopted.
23. GOLF COURSE EXPANSION
Recommendations: That the Council consider the following:
MO 5285 approving agreement with Gosch Enterprises, Inc dba Fairway Construction, to provide
construction management services for the Palm Springs Golf Course Expansion Project in amount not to (0w-
exceed $162,000. A3311. 01())
MO -_ approving amendment #2 to John Tettemer and Associates Inc., for Golf Course Expansion
Project for$7,500. A3517.
MO 5286 awarding contract to Terra Movers for rough grading work for the Palm Springs Golf Course
Expansion, $770,099, CP93-27 A3312.
Council Minutes
11-17-93, Page 9
23. GOLF COURSE EXPANSION (Continued)
MO 5287 awarding contract to Wadsworth Golf Construction, for finish grading work for the Palm Springs
Golf Course Expansion, for$1,897,888.75, CP93-28, A3313.
City Engineer reviewed his report, noting that base bid and some alternates are recommended concerning
rough grading; and base bid for finished grade. In answer to question by Council he stated that if there
is a specific goal to be achieved, generally the contract price includes the cost of achieving that goal; that
in the case of Tettemer, he was assigned the task of getting approval to go into the Palm Canyon Wash;
that in working toward that, it was found that the Riverside County Flood Control District refused to issue
the permit without going to FEMA; that it was thought that RCFCD had the authority to issue the permit,
and did not need to go to a higher authority.
Councilmember Hodges stated that Tettermer is a professional; that the City awerded the bid and the goal
was to get the permit; that if it took a different turn, Tettermer should have beet able to anticipate it, and
the City should not have to pay for that; that she would like the City Attorney to look at the original
contract and see if the City is obliged to pay it; that the City agreed to pay to secure the permit.
Mayor stated if all bids contained unforeseen contingencies, they would be higher; giat he did not think in (092-
this case that Tettermer should have known that the RCFCD would not act, raher it came as a surprise, 010)
and payment is in order.
Councilmember Schlendorf stated that the City started on a process, which was ra�tially changed because
of the City, and those changes in design had to affect the permit that was being sought, which makes the
process more expensive.
Councilmernher Hodges stated that the last change by the City was in catcher, Il992, and there have not
been that many changes, and that she felt it was basically the same as now.
Director of Public Works stated that it was never envisioned that the city would be dealing with
Washington, D.C.; that the levy had to be raised, and it impacted the entire RCFCD levies, and in turn,
RCFCD looked to Washington to determine whether it would be appropriate; ehct possibly it might have
come to the Council before the work was done,but Chore was a real effort to keep,dl e project moving; and
that he did not believe it was represented that Tettermer would get the permit regardless of what happened.
It was moved by Hodges, seconded by Lyons, and unanimously carried, that the Tettermer contract be
continued to November 23, and that the City Attorney review the contract as to S.e City's obligation, in
this regard.
Minute Orders 5285, 5286 and 5287 were presented; after which, it was moved by Schlendorf, seconded
by Reller-Spurgin, and unanimously carried, that MO5285 through 5287 be adopced.
COMMISSION APPOINTMENTS:
a) Public Arts Commission: At request of the Mayor, this matter was continued to November 23.
b) Appointments:
It was moved by Reller-Spurgin, seconded by Sehleadorf, and unani-mously carried, that the
following appointments be,approved:
Parks and Recreation Commission: Fran MacNeel - 6-30-95 (060-
021)
Historic Site Preservation Board - Adam Grosso - 6-30-97 (060-
011)
Human Rights Commission - Margaret Bell -6-30-95 (060-
027)
ADDED STARTERS: None
REPORTS &REQUESTS:
a) Treasurer's Quarterly, through September 30, 1993 - Received for tiling
Council Minutes
11-17 '93, Page 10
CITY COUNCIL reports or requests
a) Mayor noted that the staff person needs to be designated for the Gaming Task Force; City
Manager stated that it may be assigned to the Assistant City Manager. The possibility of a citizen (060-
fmancial review committee was also noted. 010
c) Councilmember Schlendorf requested a report on Shay contract (completed and paid for work).
PUBLIC reports or requests - None
STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting adjourned to Tuesday, November 23, 1993,
Closed Session 6:30 p.m., adjourned meeting at 7:30 p.m., Lange Conference Room, City Idall.
_,JUDITI3 SUMICII
City Clerk