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HomeMy WebLinkAbout1999 - MINUTES - 3/17/1999 CITY OF PALM SPRINGS CITY COUNCIL MINUTES MARCH 17, 1999 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, March 17, 1999, 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, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: Councilmember Hodges(entered at 7:45 p.m) The meeting was opened with the Salute to the Flag,and an invocation by Rabbi Moshe Ulmer- Temple Isaiah. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on,March 12, 1999. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities)-See items on Page 5 of agenda this date. PRESENTATIONS: Police Chief of Tijuana Awards to Chief Weigel &Mayor, presented by John Connell; "America's Promise" Proclamation to Aaron Blumberg&Jamie Shiner, PSHS students. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: -No Business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency. ' APPROVAL OF MINUTES: It was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, Hodges absent, that the Minutes of February 17 and March 3, 1999 be approved; Barnes abstained on March 3 minutes. PUBLIC HEARINGS: I. AIRPORT NOISE COMPATIBILITY PROGRAM- LAND ACQUISITION On February 3, 1999, Council reopened and continued hearing on consideration of Resolution of Necessity to acquire property related to the Airport's Noise Compatibility (051- Program, i.e., three parcels (Sungold) located on north side of Ramon, between Calle 046) Santa Cruz and Vella Road. City Manager recommended that the hearing be opened, to allow testimony of anyone who might not otherwise be able to return, and that the hearing be continued to May 5, 1999. He stated that the Director, Dept. of Transportation concurs. Mayor stated he would abstain due to a prior FPPC ruling concerning the Airport Master Plan, and turned the meeting over to the Mayor pro tem. Mayor pro tem declared the hearing opened. ' Fred Noble stated that the property owner is in agreement, with understanding that if they did not speak at this time, they would not be precluded from doing so at the May 5 date. Response was to confirm his statement. Council Minutes 3-17-99, Page 2 There were no further appearances. It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, Mayor abstaining, and Hodges absent, that the hearing be continued to May 5, 1999 as recommended. PUBLIC COMMENTS: , a) Comments concerning Item 2: Howard Lapham, resident, provided two handouts; one related to the treatment plan privatizing, which he has favored, and supports community involvement in the process and offering a financial restructuring plan; and the second related to the Promenade (formerly Desert Fashion Plaza), adding that the restructuring of (127- the shopping center provides a window of opportunity for the downtown, and 005) additional assistance will be needed from the Chamber oil' Commerce, Main Street, City staff and others, and that he felt it will be make the downtown the entertainment center of the Valley. John Stiles, resident, stated that the prior actions last year resulted in forcing the initiative petition to bring the matter to a vote; that the proposed rate study quote was high, and he felt there was a conflict in that the consultant worked for U.S. Filter at one time; and he questioned why the Council was now looking to authorize proceeding with a contract, which he felt was only to get someone to fund the fight against the petitioners. He stated he felt the 5,300 signers on the petition will support the measure on the ballot; that a loan is not a gift until it is repaid; that he did not see anything in the figures thus far as to a repayment schedule of any of the loans to date; that the plant has been praised as "award winning" but now is being projected as "out of date"; and that:he did not believe the contract to be in the best interest of the community, and action should be ' delayed after they voters have made a decision. Matilda Jones, resident, stated she was one of the petition circulators, and felt that the public who signed it were not happy with the City, and feel the Council has forgotten why it was elected; that there will be an election on this matter, and that it would be fair if all discussions, negotiations, and transactions should cease immediately, and the democratic process allowed to take its course. Ruth Licata, resident, stated that if it is true that U.S. Filter will meet with groups to speak and do PR for the privatizing effort, she thought it sounded like an unfair practice; that people have a right to express their opinions and they should be allowed to do so, but there have been bad effects from untold amounts of money being spent during elections, and whoever has the money, gets the win; and that unless there is a fair presentation,the public is not being properly represented. Bill Byrne, resident, stated that there was an attempt about eleven years ago by a company to bottle and remove water from this area; that it was fought in court, and the company lost; and that he offered the name of an expert witness, who is credentialed to speak to the U.S. Supreme Court about water matters. Pat Oygar, resident, expressed her understanding concerning; an article in the newspaper on this subject and confusion as to how the matter has arrived at this point; that the plant has been an award-winning plant, and it has been run that ' way while funds were being diverted from operation; that the premise to pay $7 million is that the current operation has not been run in an efficient manner, but the current operation has had its hands tied; that the effort possibly started as a means of eliminating the utility tax, but it sounded to her like the City would pay $1.7 million to save $1 million; and that she felt Prop. 218 and rates must be dealt with before any contract is signed. Note: Councilmember Hodges entered during the above comments. Council Minutes 3-17-99,Page 3 Adam Pollack, Regional Vice-President U.S. Filter, stated he was happy to have been selected, and is proud of the proposal and the company's presence in the Valley; and he looked forward to negotiating a mutually-beneficial contract. Farigal Thomas Kieley, III, resident, stated that the proposal has not been ' reviewed by the public; that the subcommittee review was done in secret, with membership changes; that he considered it arrogance to have declared one proposer over another, without the benefit of the public reading or judging it for itself; that over 5,000 people signed the petition asking for an opportunity to vote on the matter; and that it should be reviewed in study session, so they can decide for themselves. Jim Jones, resident, stated that a delay has been requested until after the election; that he did not understand the urgency by the Council in pushing forward with it, even though it flies in the face of public sentiment; that U.S. Filter stocks rose by 20% on this date, over speculation that it is being taken over by GE, and he questioned if that was reminiscent of the situation with Enron taking over Portland General; and he felt it was just one more reason for waiting until after the election. b) Comments on matters not related to an agenda item: Margaret Pulley, resident, presented materials and requested that the Council enact an ordinance which prohibits the feeding of birds, pigeons in particular, in public places. She described specific health hazards and disease carried by pigeons, which are significantly adverse to persons who are HIV positive, or suffer AIDS. Donna Fortini (?)resident, announced a public forum concerning preparations for ' the Y2K on March 25 at the Cathedral City Library. Dick Sroda, resident, commented on, and read from the court opinion relative to litigation between the City and the McCallum Foundation relative to property acquired for the Tahquitz Creek Golf Course expansion; that in his opinion the Council should not continue with any appeal of the decision, and should return the 30 acres to the Foundation, and let it fence it. He stated millions have been spent in legal fees. Don Frank, resident, commented regarding public access television and lack of replay from the last Council meeting, which he considered suspicious because the tape did not work. Fred Ebeling, resident, also commented regarding public access television, in particular, relating to its early stages, and he felt it was a forum for getting information other than through the "mainstream media" and that he was inclined to file suit in federal court. He stated that there should be consistency as to when meetings are replayed; and he was disappointed city employees now run the operation. Jim Barrial, Parks & Recreation Commission, announced the date for dedication of the Dog Park- April 3. ' COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: a) Mayor and 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. b) Councilmember Oden noted that Marian Henderson had been honored by the City of La Quinta for her work with Desert$eautiful, and suggested that Palm Springs should do the same. Council Minutes 3-17-99, Page 4 c) Councilmember Barnes announced that due to a verbally abusive telephone; call to his assistant at his place of employment, he would only receive telephone calls from constituents via City Hall. d) Councilmember Hodges stated that she, the City Manager, and Councilmember Reller-Spurgin have been meeting to discuss the noise problems associated with downtown,and requested the matter be set for an agenda for discussion. ' LEGISLATIVE ACTION: 2. WASTEWATER TREATMENT PLANT OPERATOR SELECTION Recommendation: That the Council concur with the Council subcommittee and RFP (127- selection subcommittee recommendation to rank U.S. Filter number one in the WWTP 005) Operator RFP process, and authorize service contract negotiations. City Manager detailed the memorandum of Director, Dept. of Transportation, noting that the subcommittees considered U.S. Filter No. 1; that the recommendation is not to approve a contract, but to allow proceeding with negotiating and initiating a management agreement and potential lease; that he agreed with public comments that only pieces of information have been presented and that all negotiations in the future need to be presented, and more of that will occur in study sessions;that there has been a total lack of community involvement, which is good hindsight; that protecting proprietary information was essential in order to get the best possible data, but that has allowed placing seeds of suspicion and bad characterization of the process. He stated that the current in-lieu of property tax payment to the General Fund, imposed initially ten years ago, will remain in the WWTP operating fund to leave rates and provide for future expansion; that all of the numbers are unknown until the negotiations can be completed, which will be done in the public eye; that the 5300 signers to the petition only had informatiion presented b;y the petitioners, and there has not been discussion by the other side of the equation as to the ' type, size and benefit of the proposal; that while the selection process may have simply been a mistake in process, he did not want to compound it to the detriment of the community as a whole; that he believes good proposals have come; forth, and this, will allow getting the information and educating the voters, which cannot be done without completing the negotiations. Councilmember Hodges stated that having been on the petitioners side and putting together a petition, at this point in time, she found it difficult to vote for anything; that would come in conflict with the initiative process; that it is valuable and important; that the Council has decided it will go on the November, 1999 ballot; that she has nothing against U.S. Filter or OMI, and she did not have any further information than the public has seen;that she apologized to U.S. Filter, in that an effort was made by its representative to contact her this date, but she was too busy with work to respond; and that she did not feel she could support making any kind of decision that will influence the initiative process. Councilmember Oden stated he also appreciated the initiative process, however, it is important to have all of the information possible so people can make the decision, but so far the information has not been accurate;that some serious mistakes were made as to how the process was handled, and it would be detrimental to the community to continue that; that the Council must assist the community by providing all of the information to help it move forward. Councilmember Barnes questioned if the negotiations would include all of the concerns , that have been heard - security of employees, use of funds both in terms of revenue and expenditure, Prop. 218, etc. (which the City Manager affirmed); that he did not believe the initiative process was being circumvented by continuing the negotiation with the provider anymore than it was with LMI for privatizing tourism, although there are differences in terms of duration of the contract, renovation, rates and funding and how all of that will happen; that current rates are to some extent an impediment to economic development, e.g., hookup fees; that he can support leaving the in-lieu fee in the WWTP fund to stabilize rates; that he was concerned as to how negotiation will take place along CIP Council Minutes 3-17-99,Page 5 considerations; that there is validity in what has been said to him by the Save Our Sewers Committee representatives; that he supports the negotiation knowing that all of SOS issues will be dealt with, and that a contract will not be signed that does not meet the criteria; that some accurate information has surfaced, but not all; that there have been changes in the process as to how the negotiations will be looked at; that all pieces have not yet come together; that it is important that the facts are correct, so people can make an intelligent vote and be able to understand the SOS view as well as beliefs of the Council and staff; and he questioned how soon information will be available. City Manager stated that while negotiations per se will not take place in a public forum, a series of detailed reports will be given at study sessions as to each deal point, and concerns will be touched on; that the process will take longer to reach closure on a management/lease, and public disclosure will be factual, not a selling job. Councilmember Reller-Spurgin stated that possibly she and the Mayor are the only ones who are even semi-informed up to this point, in that they have spent many hours in committee trying to weed through the information; that she has learned that nothing good has come from the process;that the newspaper article indicated that the corporate office of U.S. Filter "may" come to Palm Springs, and that such action should not simply be a possibility, but an absolute; that she did not know what value that has, nor what is the worth of the W WTP, nor the Prop. 218 issue, nor rates, nor the outcome of the ballot issue; that is concerned about those; and that people's perception of what is happening does matter. She stated that how the Council has gone about the process may not be seen as correct, but the best interest of the community has been the basis. She stated she would not vote for the recommendation at this point. Mayor stated that since 1994 the Council has focused on cost efficiency and has privatized a number of the City operations - convention center, tourism, parks maintenance, janitorial,jail services, and others;that this is not a battle between the City and a group of citizens, but an effort to try to reduce costs and to improve services; that the plant was an award winning plant in the past, but it has been cited by OSHA and others, e.g., chlorine and safety issues - two of which the Council addressed at the last meeting; that the November ballot issue does not preclude the Council from moving forward, since the final contract decision will be predicated on the results of the vote; that his contention is that the Council has an obligation to not hold fast, because issues still remain pertinent and relevant- Prop. 218 requires a rate study- and he questioned why the Council should wait until November to do that; that the City still must be managed; and that the authorization is not to approve a contract, rather to authorize negotiations which might lead to a contract. City Attorney stated that the argument that the Council is trying to subvert the election process is absolutely not correct; that a contract will be negotiated, which will be signed by US Filter and presented to the Council so everyone will know what its terms are; that there can be informational meetings along the way; that the offer, which will not be binding on the City, will be held open until after the election, at which point it can make a final decision whether to accept it; that voters should not be voting in ignorance; that a lot of people have said that there is an absence of information, but people can make promises however, a contract without signatures means nothing. Councilmember Reller-Spurgin stated that her job as a member of the subcommittee was to select the best firm, which she did; however, her concerns about public perception outweigh the consideration to commence negotiations with that selected firm; and if the Council did not proceed, an opposition campaign probably would not be able to be ' financed. Councilmember Barnes stated he appreciated concerns about perception, however, felt that if the information is not tight, nailed down and melded, then only perceptions will remain. 4;`- a U Council Minutes 3-17-99, Page 6 Minute Order 6354 as recommended, was presented; after which, it was moved by Oden, seconded by Barnes, and carried by the following vote,that MO6354 adopted: AYES: Barnes, Oden& Kleindienst NOES: Hodges&Reller-Spurgin ' ABSENT: None 3. FRANCES STEVENS PARK-FOUNTAIN Recommendation: That the Council approve agreement with DCM Studios Ltd., for the creation of an entryway water feature for the park, for $221,000, to be located at the SW (117- comer of the park near Palm Canyon and Alejo Road. 023) Arts Administrator stated that the project will re-energize the Park;that the art work was designed by David Morris, and was selected following a competition;that the competing pieces were voted on in a straw poll by residents, and specifically approved and recommended by the Commission, and the Morris piece was unanimously selected;that the Commission worked with Parks &Recreation and other local organizations; and that the project is expected to be completed by December, 1999. Minute Order 6355 as recommended,was presented; after which, it was moved by Reller- Spurgin, seconded by Hodges, and unanimously carried,that MO6355 be adopted. 4. ORDINANCE FOR SECOND READING &ADOPTION (Intro. 2-17-99) City Clerk read title of Ordinance 1567 amending PERS contract re Survivors Benefits (110- for Police. (A37); after which, it was moved by Hodges, seconded by ][teller-Spurgin, and 009) unanimously carried,that further reading be waived, and that 01567 be adopted. 5. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirement; materials ' provided at meeting). None CONSENT AGENDA: 6. Res 19478 and 19479 approving Payroll Warrants and Claims&Demands. Note abstentions, if any: Councilmember Warrant Payee Particular Nature of Conflict (086- Hodges 939895 Bldrs Client of employer 018) 940004 Granite Client of employer 940129 Prefer Plmb Client of employer Reller-Spurgin 940173 Spurgin Spouse 7. Res 19480 approving encroachment license to allow 2-ft portion of stairway to encroach into (136- City's right-of-way at 491 Palm Canon Drive, on the Alejo Road west frontage, A4080. 029) (Riccio). 8. MO 6356 approving incentive funding agreement with County of Los Angeles reimbursing, (136- funds to the City of Palm Springs for Quality Assurance/Quality Control on the North Palm 057) Canyon Drive ARHM Overlay, CP98-07, A4081. 9. See Item 19. ' 10. MO 6357 approving Change Order No. I to Agr 4052 with Matich Construction Co., to add (051- utility installation and additional curbing at the taxi/bus holding facility for;341,779. 095) 11. MO 6358 awarding contract to JDC Inc. for$239,498.25, Schedules A &B, for construction (130- of traffic signal and street improvement at Sunrise Way and Racquet Club load, CP96-29, 004) A4082. Council Minutes 3-17-99, Page 7 12. MO 6359 authorizing purchase of recycling containers using grant funds to support pilot (123- commercial beverage container recycling program, from El Monte Plastics, $14,266.64. 027) 13. MO 6360-6362 (3)approving vehicle purchases for various city departments through the State (084- Procurement Division and the Riverside County Cooperative Purchase Agreement Contract, 016) for a total cost of $193,149.27. ' 14. MO 6363 approving contract with Sanborn A/E, Inc., not to exceed$9,950 for a field survey (136- for the Palm Canyon Drive roadway rehabilitation project from Ramon to Alejo,CP99-02, 030) A4083. 15. Res 19481 amending the Comprehensive Fee Schedule to delete obsolete Engineering Special (114- Purposes Fees, superseded by amendments to the schedule approved in October, 1998. 010) 16. MO 6364 approving Construction Change Order No. 1 to agreement with Beylik Drilling, (109- Inc.,to reduce contract by$7,220 for the Demuth Park monitoring well project,CP97-19, 005) A4039. 17. MO 6365 approving contract to Secor International, Inc., for$10,132, for the investigation of (117- contaminated soil at the City Corporation Yard and City Hall, in conjunction with the 008) underground storage tank removal and replacement, CP95-17 A4084. 18. Res(7) 19482-19488 concurring with CPA action item a). (124- It was moved by Oden, seconded by Barnes, and unanimously carried, that 19478 through 116) 19488 and Minute Orders 6356 through 6365 be adopted; with abstentions as noted. 19. ANGELS STADIUM-CHANGE OR NAME ' Recommendation: That the Council approve changing the name of the stadium from Angels Stadium to Palm Springs Stadium. (115- 002) City Manager highlighted the memorandum of the Director, Dept. of Transportation, noting that the stadium was first named Angels Stadium in the 1960s, and after the Angels Baseball team left, it has been referred to as "the stadium," "Palm Springs Stadium," and "stadium." Councilmember Hodges stated that the name is synonymous with a significant piece of City history, i.e., Gene Autry and the Angels baseball team and the Autry Hotel, and it continues to be referred to as Angels Stadium, and the name should be retained. Resolution 19489, as recommended,was presented; after which, it was moved by Barnes, seconded by Reller-Spurgin, and carried by the following vote, that RI9489 be adopted: AYES: Barnes, Oden,Reller-Spurgin&Kleindienst NO: Hodges ABSENT: None ADDED STARTERS: (Determine eligibility for consideration)None REPORTS &REQUESTS: 20. DEPARTMENT REPORTS &REQUESTS - Received for Filing (121- a) Treasurer's Investment Report-January, 1999 002) CITY COUNCIL reports or requests a) Councilmember Barnes: Requested report on MVP Landscaping low bidder. Council Minutes 3-17-99, Page 8 b) Councilmember Reller-Spurgin: Requested amendment to the Skateboard Ordinance be brought forward, which would prohibit skateboarding downtown from Indian to Belardo, not just on Palm Canyon. c) Councilmember Hodges: Requested report on Plaza Mercado, i.e., the bleakness of the landscaping in back parking area. , d) Councilmember Oden: Requested update on bus shelters and Access Community Housing Report; also an agenda item regarding a skateboard park. e) Mayor: requested a report regarding pole locations for signals and signs in sidewalks, i.e., downtown; and he requested Councilmerabers advise hdm if changes are desired in board/commission subcommittee assignments. f) Mayor: Announced a reciprocal arrangement requested by the Australian high school band; after which, a brief presentation was set for April 7, at about 6:30 p.m., in front of City Hall. PUBLIC reports or requests a) Jim Barrial, Chairman of the Parks & Recreation Commission, offered his assistance regarding a skateboard park. b) Jim Jones, resident, SOS Committee, stated his understanding of proposed recommendation was for a maintenance and operations contract; that the City (127- Attorney's comments appear a different interpretation, in that no contract w.11 be 005) presented until after November, yet the City Manager stated that only negotiations were being approved, which is what he understood the Council to have approved; that the only information associated with the petition was information prepared by the City Attorney in his ballot measure summary, and he , did not know how that could be interpreted as misinformation. c) Matilda Jones, resident,told a story about "good and bad news". d) Darrell Meeks, Morongo Valley, requested information as to the exact amount of money spent on the Tahquitz Creek Golf Course. He stated that in 1993, the Council indicated it had an opportunity to back out of the project at a cost of$5 million, and he believed since then, it has spent more than that amount in legal fees. He suggested that 22%of the golf course fees be given to the Living Desert Reserve, and let go of pursuing litigation; and that the project has been a financial drain on the City, and it should refund the bonds and pay off the $5 million. STAFF reports or requests a) In response to question by Councilmember Reller-Spurgin, City Manager stated that as a result of discussions concerning the buses Council concurred in setting (105- downtown, the Follies will issue permit, which will allow the buses to drop off 001) patrons, and will then relocate to another location, allowing tire buses to return to the same point for pickup at the appropriate time, which should reduce complaints regarding parking and idling of buses. b) Workshop: Following request by City Manager, the a workshop to focus on budget and ballot measures for March 31, 1999, at 6:30 p.m., preceded by Closed ' Session at 5:30 p.m. ADJOURNMENT There being no further business at 9:30 p.m., Mayor declared the meeting adjourned. J DITH S�UMICH City Clerk