HomeMy WebLinkAbout1996 - MINUTES - 11/6/1996(216
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
NOVEMBER 6, 1996
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, November 6, 1996 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 Barnes, Hodges, Oden, Spurgin, and Mayor '
Kleindienst
Absent: None
The meeting was opened with the Salute to the Flag, and an invocation by Rev. Andrew Green,
St. Paul's in the Desert.
REPORT OF POSTING OF AGENDA: City Clerk reported that the: agenda was posted in
accordance with Council procedures on November 1, 1996.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page of agenda this date.
HOUSING AUTI-TORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT
AUTHORITY; COMMUNITY REDEVELOPMENT AGENCY - No business
PRESENTATIONS: National Hospice Month Proclamation.
APPROVAL OF MINUTES:
It was moved by Barnes. seconded by Oden, and unanimously carried, that the Minutes
of October 16, 21 and 23, 1996 be approved; Kleindienst abstaining on the minutes of
October 21, 1996. '
COUNCIL COMMENTS/ANNOUNCEMENTS:
a) Mayor announced that the RFPs for energy provider liove been submitted; and
that a subcommittee of him and one member of the Council was to assist in the
review. Councilmetnber Barnes volunteered to serve on the committee.
PUBLIC HEARING: None
INTERAGENCY REPORTS:
a) Mayor reported on activity of the RCTC Budget and Finance Committee; and
noted the "beach" train scheduling includes 18 trains between June and October,
1997.
PUBLIC COMMENTS:
a) Comments concerning Item 5:
The following persons spoke in favor of the ordinance„ noting educational, and
professional standing of massage therapists: (103-
045)
Byron Cornelius, 225 S. Civic, Suite I. '
Susan Everett, Ultimate Massage & Facials, Wyndham & Hilton Hotels. (114-
Andy Frial (?) 010 )
Anita Moller, questioned if the ordinance applies to out -call, and that the fees
should be uniformly applied.
rlzi7
Council Minutes
11-6-96, Page 2
b) Comments concerning Item 4:
The following persons spoke in favor of the recommendation, and commented on
benefits to tourism and advertising for Palm Springs; comments were also
expressed regarding American Express' reported proposed action if the City
endorses a particular provider:
Stephen Payne, Desert Shadows.
Frank Tysen, Casa Cody.
Ken Irwin, La Mancha.
Ray Villato (?)
Tom Pettit, resident.
Tom Mulhall, Terra Cota Inn
Eric Langman, P.S. Travelodge, also donated a check to the Festival of Lights.
Tom Edwards, Sr. Vice President, VISA, San Francisco, thanked the Council
for consideration of the offer to feature Palm Springs to VISA's 5 million (050-
cardholders worldwide; that all similar programs have produced no less than a 001)
15 % increase in all areas where the "Prefer" program is adopted; that it is a one-
year program, in which 1 % of the sales are earmarked for a "cause" program of
the City's choosing, estimated at $150,000.
Russ Kline, American Express, Montana, stated that American Express' concern
is not whether the City should work with a competing company; that A-E was
built on supporting and promoting tourism; that the concern is making a statement
of preference; that it is not considered good marketing; that A-E is not making
any threats; that an employee has lived and worked in the community, developing
programs of over $1 million to promote Palm Springs.
' Colleen Nolan, Cond'e Nast Travel Magazine, stated that the program is through
a high impact and larger insert, which Palm Springs Tourism would not be
otherwise able to afford.
Ric Service, Las Casuelas Terraza, supported the program without an
endorsement by the use of the term "prefers" and suggested some other positive
word, e.g., "loves."
Dick Sroda, resident, stated he was bothered by a statement which says
"preferred" and if there is a preference, VISA should give $200,000 to the
General Fund, otherwise the only option for the public is to write "Letters to the
Editor. "
Darrell Meeks stated that he opposed the recommendation, and felt American
Express has the right to argue against it; that he did not drink the City should be
involved in the program, as he understands it; and questioned if there was
anything in writing from other cities which have been involved in the program,
whether they are satisfied, and if they would do it again.
c) Comments on matters not related to an Agenda item:
Jeremy Barnes, elementary school student, presented a copy of his school project,
a book entitled, "Palm Springs, A Fun Place for Kids" for members of the
Council to read.
' Paula Yeager, P.S. Youth Center, noted that a complete accounting will be
provided, however, the golf tournament resulted in a profit of $16,621.19,
without any outstanding debt, and which will go into the Center's General Fund.
0218
Council Minutes
11-6-96, Page 3
d)
e)
Comments concerning Item 1:
Joe Nacinovich, Vice -President of the P.S. Police Officers Association, thanked (110-
the Council for responding to request to open comraunications and exhibit 005)
professionalism and leadership. (110-
012)
Paul Kearns, Vice -President of the Fire Management Association, spoke in (110-
support of the action, noting that there has been no increase since 1991, and that 013)
approval will be an encouragement to members of the unit. (110-
014)
John Booth, member P.S. Police Officers Association, thanked the Council for
meeting with them, and expressed opinion that he felt the urtit was on the verge
of a good contract, fair to both its members and the City.
Fred Ebeling, resident, suggested that there be closed caption on the government
TV channel, for the hearing impaired; and that the City needs the best promotion
it can get, and a public -private partnership is one way to do so.
(051-
071)
Darrell Meeks supported Item 10; and suggested that Item 13 be considered (099-
separately. He added that with the passage of Prop. 218, the Council should 001)
begin considering the utility tax.
Comments concerning Items 10 and 13:
LEGISLATIVE ACTION:
MEMORANDA OF UNDERSTANDING - EMPLOYEE UNIT'S
Recommendation: That the Council approve portion of Ralph Anderson study applicable
to employees in the police safety, police management, fire management, and management
and professional units; and authorize City Manager to enter and execute memoranda of
understanding for implementation thereof.
City Manager reported that starting in 1991, City revenues were not keeping pace with (110-
expenditures; that the charge when he was hired was to balance the budget and enhance 005 )
revenues; that since that time, employees agreed to forego cost of living adjustments, and
have done so from three to five years, depending on the particular employee unit; that the (110-
total number of employees has decreased by 21 % or a total of 100 since 1994; that 012 )
negotiations have resulted in agreement on adjustments with the police, fire management, (110-
police management, and the professional, management and supervisory units, with all to 013 )
participate in further discussion to review items relating to working conditions and (•110-
benefits; that lie has met with the fire safety and miscellaneous units, and will be doing 014 )
so again, but if agreement is not reached with them by November 20, he anticipated that
it would be necessary to resume with the City's labor attorney:, that the salary changes
have been calculated and included in the 5-year budget formula, and he recognized that
there may be some changes to that. He supported the recommendation as staled above.
Councilmember Hodges slated that it is rare when an employee unit representation comes
to individual Couucilmembers and asks to work together, but the Palm Springs Police
Officers Association did, and agreement was reached in just two meetings; that had the
process continued, as it was, it could be March, 1997 before agreement was reached, and
at a considerable expense, and extreme costly to employee morale; that she thanked the
employees for hearing with the hard times over the past five years; and recognized that
it has been agony for all involved.
Councilmember Oden agreed, and added that it was a good experience for the Council
and the City, to have that type of trust to work it out; and that ire complimented the
Council for also achieving one of its work goals, and remaining, cohesive as a City. I-Ie
also commended the City Manager for a good job.
Councilmember Barnes agreed, and added that process quickly shifted to working on
something that was benefitting to both sides, and to the people who pay for it.
1
0219
Council Minutes
11-6-96, Page 4
MEMORANDA OF UNDERSTANDING - EMPLOYEE UNITS (Continued)
Councilmember Spurgin stated that she could never understand why the Council could not
sit across the table and be able to talk like people, and not employee to Council; that the
PSPOA made the suggestion to do so, and there was success in it; that the five years have
' been difficult times for both the Council and the employees, and there may still be
difficult time ahead. She added that in no way should the term "median" or "average"
be construed to suggest that the Council considers the employees in those terms.
Mayor stated that the amount of work has not been reduced over the past five years, and
employees have gone without raises, and made sacrifices so the City could rebound and
grow strong again, and did so with very little complaining; that the Council had the job
to balance between what was fair and what was affordable; that the proposed adjustments
deal with both issues; and that the parties remained polite, and professional.
Minute Order 5832 as revised by the City Manager, was presented; after which, it was
moved by Spurgin, seconded by Odell, and unanimously carried, that MO5832 be
adopted.
2. PALM TREE TRIMMING POLICY
Recommendation: That the Council direct the Planning Commission to review and make
recommendations to the Council concerning existing palm tree trimming policy.
City Manager reported that during recent winds, a number of palm fronds fell, and were (136-
cleaned up at a cost of $1,300. 032 )
Director of Public Works recommended that the Planning Commission be instructed to
re-examitte the City's policy concerning palm tree trimming.
' Councilmember Spurgin stated that she likes the skirts on the trees, but now favors
trimming them to look cleaner, and reduce the liability from falling fronds.
Councilmember Odell agreed, in particular concerning downtown, and to provide
information as to the cost for doing so by area.
Director of Public Works stated that the most recent cost estimate of $130 per tree, did
not include skinning the tree, only removal and disposal of the trimmings.
Councilmember Hodges stated that the price is high because of the required insurance;
that she wanted to get rid of the skirts downtown; and that since it appeared a majority
of the Council favored the idea, she questioned why the Council could not simply change
the policy.
City Manager stated that the subject tends to generate a substantial amount of sentiment
on both sides; and that if it had been known that the Council might take an action other
than that recommended, there may have been people who would have wished to speak
on the matter.
Mayor staled that the direction to the Commission could indicate that three members
strongly favor removing skirts downtown; and that he would like input from Main Street,
as well as business owners downtown.
Minute Order 5833 as recommended, was presented; after which, it was moved by Odell,
seconded by Hodges, and unanimously carried, that MO5833 be adopted; and that the
Commission be advised that the direction comes with the strong recommendation to trim
skirts downtown.
0220
Council Minutes
11-6-96, Page 5
3. HOLIDAY SEASON LIGHTING
Consideration of awarding RFP for decorative holiday lighting on Palm Canyon Drive
to Harrington Decorating Company, Inc., for a 5 year lease purchase, for a total of
$87,854.77, 3727.
Director of Downtown Development Center reported that the City would own the element ,
which spans the street; that the remainder of die program is placement of mini -non -
blinking lights, compatible with Film Festival; that there is a 6 year warranty, with some
residual benefit after 5 years, which accounts for the first year being a higher cost; that
the existing decorations would be phased out, and the new program began this year; that
there may be other locations for them to be used, or other communities which may want
to purchase them.
In response to questions by Council, Assistant City Manager stated that the budgeted
amount of $8,000 is for installation and removal of the lights. Director of Downtown
Development Center stated that the proposal specifies a maintenance schedule, but the
agreement would have to specify the exact response time to replace lights or make repairs;
that the proposal involves city ownership of the skylines, but it is $20,000 less than the (136-
other proposal submitted, and there is an advantage that there is a residual value; that 019 )
Harrington also supplies Rancho Mirage, Hemet, Banning and other areas; that its sales
office is in Huntington Beach, and its warehouse in Pomona; that it manufactures the
product, and has its own crew for installation; that both companies have indicated they
can meet the time schedule, provided award is made at this meeting; that the contractor
will store the product, even if the City purchases the skylines; and that both companies
are qualified to do the work
Councilmember Oden stated that maintenance while the lights are installed is very
important; that at the last meeting, the direction favored leasing and now owning the
product; that there is no particulars on what the City will do with the existing equipment's '
residual value; that he was concerned that the City strike a happy medium, between an
out-of-town provider and a local provider.
Councilmember Hodges voiced similar concern, noting that the: difference between the
two firms is only $4,000 per year, and the local firm would provide local jobs, and she
would like to see the work stay in the City.
Larry Guzzetta, BriteLites of Palm Springs, stated that he has 40 people relying on an
award to his firm; that the contract is mainly labor; that there are 150 palm tree and 3
parks, and 70,000 lights to be installed, which will require daily maintenance; that he
would assign two people for maintenance; that he owns three boom trucks, however, 90 %
of the installation does not require a truck - the skyline requires a lift; that the option to
purchase would be less, but he was not asked to bid in that manner; that the lights will
not have any residual value, only the skyline, and it would be better to lease it; that lie
cleans the white garland every two years, and before they are stored; that there is no
additional charge for daily maintenance; that his bid covers vandalism, and did not believe
that was the case in the other bid.
Downtown Development Director confirmed that neither daily maintenance, nor vandalism
coverage was included in the Harrington bid.
In answer to question by Council, City Manager stated that the City is obligated under
law to consider the lowest bid; that it has a local preference policy, which provides a
credit back against sales tax, however, he did not think the amounts involved would ,
balance the differences between the bids.
City Attorney stated that the question is whether the bids were responsive
Procurement Manager stated that the bid talked about leasing and a reference in general
to maintenance; that leasing was included in both, although the largest part of the contract
is labor and storage; that Harrington added provision for ownership; that it is a lease
proposal, but front -loaded because the City will end up owning?; it; and the bid was for
five years.
Council Minutes
11-6-96, Page 6
HOLIDAY SEASON LIGHTING (Continued)
Discussion followed concerning a five-year, versus a contract of one-year, with options
to extend four additional years. City Attorney stated that the Council could approve a
five-year contract with Harrington, with a cancellation on the City's part after one year,
' and with no liability for the remainder; that it would net the City the four skylines; that
he would want to make certain that it was the provider's intent to do so, which would
enable another bid in 1997; and if that was not the case, the matter be brought to the next
agenda.
Minute Order 5834 awarding a five-year contract for lease/purchase, in the amount as
recommended, with option to cancel after one year, in a form subject to City Attorney
approval, and Resolution 18923 amending the budget to appropriate additional $16,360
of the total needed for the first year, were presented; after which, it was moved by
Barnes, seconded by Spurgin, and unanimously carried, that MO5834 and R18923 be
adopted.
4. VISA CONSUMER MARKETING PROGRAM
Recommendation: That the Council determine if it wishes an agreement with VISA
U.S.A. for a consumer marketing program, A3728. (Materials to be provided at meeting)
Tourism Director stated that Ms. Colleen Nolen, Cond'e Nast, and her associates brought (050-
this program to the City in July; that she'is one of many media sales representatives who 001)
calls on the City; that she noticed how the City was struggling with a flat budget and
decreased annual buying ability, and came up with "a shot in the arm"; that the City has
a one -sixth page, black and white ad in die back of the current issue of Cond'e Nast
Traveler magazine; that the Tourism department views the proposed program as just
another cooperative effort as those which have been put together throughout the years,
' e.g, as with hotels, airlines, tour operators, etc.; that it is just an opportunity,to bring
$100,000 of sorely needed dollars into a suffering advertising budget to give it a boost;
that it was put out into the community and has been over subscribed of what was needed;
that he developed a cost benefit analysis with the assistance of Cond'e Nast and VISA,
which are their numbers except the expected economic impact numbers which he based
upon similar relationship of the responses Santa Barbara received when it did this
program, and based on the room sales and economic impact conversion study done by
Mike Fife, which showed that Cond'e Nast Traveler had the highest number of
conversions -- meaning people respond to the advertisement and visit Palm Springs within
12 months after the response -- 31.5 %, which is the highest of the travel magazines; and
he recommended entering into an agreement with VISA for this consumer marketing
program.
In answer to questions by Council, Tourism Director stated that the deadline is very close
at hand, and the proposed agreement would be for one year, with an option for a second
year, to be negotiated between the City of Palm Springs Tourism Division and VISA.
Councilmember Hodges stated that she considered it a terrific idea and opportunity for
the City; and questioned if this issue would have come to the Council, if there had not
been opposition raised.
Tourism Director stated that he did not think so, and considered it just another media buy.
City Attorney stated that it would have been his position that it come to the Council since
it involves an expenditure of $100,000 in terms of buying advertising and that Staff is not
authorized under the purchasing ordinance, without Council approval, in matters of that
amount of money; and that even though funds are paid by others, the initial placement of
the ad and eventual obligation is that of the City.
0222
Council Minutes
11-6-96, Page 7
VISA CONSUMER MARKETING PROGRAM (Continued)
Councilmember Hodges stated she did not have a problem with language; that she has
seen the ads of other cities in reference to VISA, and personally did not take it to mean
that the particular city is totally endorsing that particular credit card, and no other card
is being used; that, e.g., the Olympics endorsed Coca Cola and many others, yet it
certainly it was not the only soft drink that was at the Olympics; that she understood the
concern that American Express has, and she did not take it lightly; that she thought the
City was more than willing to work with American Express whenever it has a proposal
it wishes to bring forward; and that she favored moving ahead with the recommendation,
i.e., noting that there is support of the hotel, restaurant, and business community, and it
is a tremendous asset for the City.
Councilmember Oden stated that the passage of Prop. 218 on the November ballot will
change how cities do business; that the Council has discussed a number of things over the
past year, as to what it would do in case the proposition passed; that all taxes will now
have to be done by the vote of the community, which in many ways under a crisis
situation can become devastating for a city; that in looking at the overall picture, this is
an opportunity; that he met with representatives from VISA and from American Express; (050-
that from his personal knowledge and experience of the work of American Express in the 001)
community, it has not made any veiled threats that he knows of, whatsoever; that one of
the world's largest corporations is offering to do some business together; that it may not
be the perfect program, but it is only one year; that in the long run, anything drat helps
Palm Springs, helps everybody; and he considered it a positive ;move.
Councilmember Barnes stated he thought the program is wonderful, but has struggled with
the "preferred" aspect, and how that is perceived by some people; that if the City is not
endorsing a particular company, he questioned wiry the agreement provides, "if at any
time during the program period, Palm Springs decides to issue cotporale credit cards and
purchasing cards to its personnel, Palm Springs agrees that such cards will be VISA
cards. Additionally, if such cards are issued Palm Springs agrees to exclusively use the
VISA Corporate and purchasing cards for appropriate reimbursable business expenditures
for a minimum of two years;" that the agreement provides the City agrees to allow VISA
an exclusive 45 day period in which to negotiate a renewal of the agreement, and VISA
must inform Palm Springs of its intention to negotiate, which he construed to mean that
if the City fails to reach an agreement, VISA shall have the first right of refusal to renew
the program or enter into a new bargaining agreement which is substantially similar to any
proposed agreement being contemplated between a competitor of VISA and Palm Springs,
or Palm Springs can enter into any agreement with a competitor of VISA for a period of
one year after the termination of this agreement; that those terras lock the City into one
brand; that the ability to take any offer from all comers, whether American Express,
Carte Blanch, or Discover Card, could not be done under the agreement; and the City in
fact would be endorsing one brand of product, which he found disturbing.
Tourism Director stated that it was his understanding that if at the end of the year,
American Express comes forward with a program to work with the City, the City has an
obligation to go back to VISA, and inform it of such an offer„ and it has the option of
matching that program, otherwise the City could sign an agreement with American
Express.
City Attorney stated that subsequent to the development of the Council agenda, there are
some changes which needed to be addressed, i.e., the area mentioned by Councilmember
Barnes; that it is supposed to provide a potential 45-day period to negotiate an extension
of the contract, at which point there should be some further consideration as a part of that
extension; that there is some problem with the right of first refusal wording; that if
someone else makes an offer during that period of time, the City should be able to go to
VISA and inform it that the City is negotiating with someone else, and let VISA try and
suggest something, but at that point in time the City should be able to consider whether
to do something with VISA, and if it decided not to do so, it would be free to go ahead
and work with the other party. He added that the other significant point to change
wording relates to dates and the one year, and that the Council have ability to decide if
it wants to extend the term.
02213
Council Minutes
11-6-96, Page 8
4. VISA CONSUMER MARKETING PROGRAM (Continued)
Tourism Director stated that concerning the purchasing cards are concerned, the City's
Procurement Manager has stated that if the City were to enter into a purchasing card
program, VISA would be the program, because it is endorsed and recommended by the
State.
' Discussion followed concerning the use of the word "Preferred" and how it was
transposed'in other cities' ads, i.e., in San Diego, the phrase was, "VISA Preferred in
San Diego' and such phrasing is acceptable to VISA.
Chris Alfonso, VISA, stated that the "prefers" is being considered for copyright and
trademark; that it is a program started in 1989, with a lot of creditability and equity into
the campaign; that it is what their cardholders look for, and he did not think the customer
is thinking it is endorsed by the City, rather that they get some kind of value added when
I go to the "preferred" location and die same is true with the travel agent community; and
that is where the power is in the "Prefers" campaign. He stated that there may be
production problems, but the phrase "VISA Preferred in Palm Springs" is acceptable, and
should not cause any marketing problem.
Tourism Director reported that any merchant in Palm Springs who accepts the VISA card, ( 050-
may participate at no cost in an offer to print 100,000 copies and distribute them at the 001)
Visitor Center; the customer pays for his purchase in any participating store and gets a
discount with their VISA card, at no cost to the merchant.
Mayor stated that the program is impressive, if not extraordinary, and a tremendous
benefit in the way it is put together; that he is concerned about an endorsement by the
City; that it is not a new concern of his; that lie strongly opposes the idea of any city
getting into the role of endorsing any product, or any service, nor did he consider it in
' the best judgement of a city to do so, regardless of the benefit involved; that "prefers" can
be debated as to whether it is an endorsement, but in his opinion a preference is an
endorsement, and the City could experience a severe backlash if it were to endorse one
company over another, e.g., airlines; that in his discussions with VISA, on the issue of
prefers, and his desire was that if the program could be customized in Philadelphia, why
it could not be customized in Palm Springs, but there apparently was no movement in that
direction by the Visa representatives, and as much as they were not prepared to move on
that statement, he was not prepared to move from his position on endorsement; that he
felt endorsement of one company would be a very damaging position and would
potentially take years to rebuild the relationships with other like providers, and that would
not be in the best interest of the City; that he appreciated the amount of effort VISA has
brought forward, and if it could prepare a different byline, or a modification to its
existing byline, and offer these benefits, it would have his full support, as long as the
byline does not indicate endorsement.
Councilmember Oden stated he was pleased to see the opportunity to develop a public -
private partnership for a program of this nature; that the City does not have the marketing
money to put itself into the International market in this manner; that "Prefers Visa" is
barely discernible in the ad, rather "Palm Springs" is more prominent, and people are
going to see it first; dial in the in the event the Council decides not to continue beyond
the first year, the agreement can be terminated; that there should be no impression left
that American Express has not been doing anything in the community, or that it is not
doing some very positive things; that this is a separate program, and a present
oppormrty; and based upon what the City is looking at in the future, it is a positive
1 thing.
Councilmember Spurgin stated that this is a no win situation, and agreed with the Mayor;
that she believes that the City Council's job is to try to do what is right for all businesses,
and should not set a precedent of preferring one thing over another.
In response to suggestion by Councilmember Barnes, Mayor stated that, "Visa Preferred
in Palm Springs" is a softer approach, and less of an endorsement, versus "Palm Springs
Prefers Visa."
0224
Council Minutes
11-6-96, Page 9
4. VISA CONSUMER MARKETING PROGRAM (Continued)
It was moved by Oden, seconded by Barnes, and carried by ithe following vote, that
Minute Order 5835, approving an agreement, with a one-year option, in a form subject
to approval of the City Attorney, and providing the program entitled, "Visa preferred in
Palm Springs":
AYES: Barnes, Hodges & Oden
NOES: Kleindienst & Spurgin
ABSENT: None
5. MUNICIPAL CODE & COMPREHENSIVE FEE SCHEDULE AMENDMENTS RE:
MASSAGE THERAPISTS AND ESTABLISHMENTS
Recommendation: That the Council amend the Municipal Code to add massage therapist
to the list of professional categories subject to a business license tax; and amend the (103-
Comprehensive Fee Schedule to reduce the permit fee for massage establishments from 045 )
$500 to $135, and increase the background investigation fee for massagist from $100 to
$135 (annual business license fee of $67 remains unchanged). (114-
010)
Councilmember Spurgin stated she would abstain since her spouse's practice includes a
massage therapist.
Director of Finance & Treasurer reviewed his report, and stated that a background
investigation will still be made, upon the first issuance of the license, and that under the
ordinance, licensees are required to have a minimum 500 hours of training, otherwise
both out -call and in -establishment massagists are treated the same.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 3.90.200 OF THE PALM SPRINGS MUNICIPAL
CODE TO ADD "MASSAGIST" TO THE LIST OF PROFESSIONAL
CLASSIFICATIONS.
Resolution 18924 amending the fee schedule, as recommended, was presented; after
which, it was moved by Hodges, seconded by Oden, and unanimously carried, Spurgin
abstaining, that further reading be waived, and that the Ordinance be introduced) for first
reading, and that R18924 be adopted.
ADDITIONAL LEGISLATIVE ITEMS:
A6. VEHICLE POLICY AMENDMENT
Recommendation: That the Council amend Res 18834 to codify administrative procedures
related to take home vehicles, and how they are to be utilized. (Note: This item was
considered following Item 1.)
City Manager detailed the proposed, second -revised resolution, noting that each
Memorandum of Understanding with the employee units will make it clear that the (114-
resolution is apart from the MOU and outside of the meet and confer process. He stated 004)
that concerning take home of police cars for officers who reside in Palm Springs, the
added benefits include an appearance of a greater number of officers in the community,
and increased life of the vehicle, vis-a-vis a greater ownership by the officer; than the Beet
is turning over and new vehicles will come on line, and movement into the program will
be so as not to add extra increase in the program costs beyond that which is affordable;
and that there are seven officers living in Palm Springs, 3 sergeants and 2 lieutenants.
He also added that the risk manager does not have any problem in terms of unmarked
vehicles used for personal errands, e.g., dropping kids off at school.
Resolution 18925 as revised, was presented; after which, it was moved by Spurgin,
seconded by Hodges, and unanimously carried, that R18925 be adopted.
�J
Council Minutes
11-6-96, Page 10
CONSENT AGENDA:
7. MO 5836 authorizing City Treasurer to enter into a long-term investment agreement for (155-
the 1996 Refunding Certificates of Participation, Multiple Capital Facilities Project 009)
reserve fund of $1,729,999, A3729.
' 8. Res 18926 approving 1996-97 City Investment policy; and receiving Treasurer's (114-
Investment Report, September, 1996. 004)
(121-
9. MO 5837 awarding purchase of one compressed natural gas -powered regenerative air 001)
street sweeper to GCS Western for $149,510.68, portion funded by CVAG, AB2766 grant ( 084-
013)
program.
10. MO 5838 approving the Castle Press as a sole source contractor for the purpose of (099-
reprinting, "The McCallum Saga," a book of historical significance to Palm Springs, not 001)
to exceed $24,000.
It. MO 5839 awarding contract to W.L. Slrellenbarger Construction for $39,640 for (124-
construction of concrete foundations and installation of 20 decorative light fixtures on 092)
North Palm Canyon, from Alejo to Vista Chino, and on Indian Canyon at Vista Chino,
CP96-04, a CRA funded project, A3730.
12. MO 5840 approving agreement with Dewey Pest Control at $422 per month, for 1996-97 (117-
roden t and pest control extermination services for 21 city buildings and premises, and 001)
providing two one-year options for renewal, A3731.
13. MO 5841 approving lease amendment to agreement with Fantasia Coaches, Inc., to allow (051-
for deferral of a scheduled mondtly rental adjustment (September 1, 1996) for one year 071)
with understanding that amount of the scheduled adjustment be repaid over a 5-year
period, at 7.25% interest, commencing September 1, 1996, A3418.
14. MO 5842 awarding construction contract for Taxiway Al, CP96-02 to Matich (051-
Corporation for $1,393,000, A3732, Kleindienst abstain. 020)
15. MO 5843 awarding contract to install city -owned carpet at the Airport to World (051-
Resources Corp., at $8.52 per sq. yd, not to exceed $14,484, P0706308. 089 )
16. MO 5844 approving a 3-year agreement with the P.S. Unified School District, at (126-
$.59,525.40 per year, for School Resource Officer on the P.S. high school campus during 006 )
the school term, begimring September 1, 1996, A3734.
17. MO 5845 approving lease Amendment No. 1 to A3654 to incorporate Airport leased land (051-
(A509 and A1240, expired) into a single lease document for FAA Centerfield Weather 013)
Equipment.
18. MO 5846 approving Amendment No. 1 to A3689 with Jim Cioffi Architect, to authorize (143-
subcontracting with TKD Associates for the Rail Station landscape design work. 006 )
19. MO 5847 approving Amendment No. 2 to A3434 with ASL Consulting Engineers, related (143-
to Phase II Rail Station design, for $33,497, making a total contract of $83,997. 006 )
20. MO 5848 approving a $9,217.08 increase to Purchase Order 606471 with Power (052-
Engineering Services, Inc., for cogeneration plant repairs. 001)
' 21. Res 18927 authorizing filing grant application for up to $350,000 to acquire land for open (109-
space and habitat protection near Windy Point; grant to be jointly filed with CV Mt. 009 )
Conservancy and local match to be split between the two agencies.
22. Res 18928, 18929, 18930 and 18931 approving Payroll Warrants and Claims & Demands.
Abstentions - Hodges: 914497, 914519, 914640, 914748, 915110; Barnes 9144971, (086-
Spurgin 914686, 915166; and Kleindienst 915228. 015 )
Council Minutes
11-6-96, Page 11
23. MO 5849 approving contract with Smith, Peroni & Fox, to prepare an environmental (078-
impact report for Mt. Falls Golf Preserve, for $147,401, A3735. 072 )
It was moved by Spurgin, seconded by Hodges, and unanimously carried, that. R18926
through 18931 and Minute Orders 5836 through 5849 be adopted (note abstentions on
Items 14 and 2.2.) ,
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
a) Councilmember Oden announced status of a program involving California
Conservation Corps and cities, and that more information would be forthcoming.
b) Mayor Kleindienst announced the opening of the Desert Museum expansion, and
of the Air Museum.
PUBLIC reports or requests
a) Larry Guzzetta, BriteLites, stated that if the Council's preference was to purchase
the skylines, his bid would have been $22,000 for the first year, which coupled
with daily maintenance, he considered would be a better bid than that of
Harrington.
It was moved by Hodges, seconded by Oden, and unanimously carried, that Item
5 above be reconsidered.
In answer to question by Council, City Attorney stated that the contract is for ,
five years, and neither party was asked to bid a one-year contract; that if there
were more time, it might have been bid differently, with other options and time
for discussion with the vendors; that there is not much room for adjustments as
it was bid; that he appreciated the points raised, and thinks possibly if it had been
bid as five -years or one year, a comparison could have: been made; and that he
was taking a conservative approach, i.e., since the other vendor is not present,
nor hearing the conversation which took place.
No further action was taken.
STAFF reports or requests - None
ADJOURNMENT
There being no further business at 10:40 p.m., Mayor declared the meeting adjourned,
—/JUDITH SUMICd
City Clerk
11