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HomeMy WebLinkAbout1999 - MINUTES - 7/28/1999 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 28, 1999 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, July 28, 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 Bames, Hodges, Oden, Reller-Spurgin, and ' Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag,and a Moment of Silence REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on July 23, 1999. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) See items on Page 6 of agenda this date. PRESENTATIONS: Lee Husfeldt-Public Information Officer-City of Palm Springs 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 Barnes,and unanimously carried,that the Minutes of June 30, 1999 be approved. ' PUBLIC HEARINGS: None PUBLIC COMMENTS: a) Comments concerning item 1: Ruth LiCata, resident since 1946, read a prepared statement, which is on file in the Office of the City Clerk, in opposition to item 1. Emmett Conners, resident for 40 years, stated that there are concerns regarding (127- recommended action for item 1; that it needs further study and recommended no action on 005) the matter until after the November, 1999 election. Frank Coffee, Palm Springs, read a prepared statement, which is on file in the Office of the City Clerk, in opposition to item 1. Karen Tabbah, reviewed comments made by the Council at previous meetings and added that the Council had indicated that the Community would be involved; that it has not happened; and recommended Council delay any action until the November, 1999, election. Emile Duveney, Palm Springs, stated that the last study session was to discuss the WWTP and the history of what has been happening; that the session was canceled; that the public ' does not know why the Council is proceeding; and questioned whether there had been violations of the Brown Act conceming the WWTP; and added that the people have a right to know why and what the Council is considering; and added that 'by the Council adding an initiative to the ballot concerning WWTP, confusion of the voters will occur. Roger Garrett, President of Oasis, stated privatizing of City services should be applauded; that however, contracting with a private company at this point may cause litigation to be Filed; that the Council should wait until November, 1999, to make a decision; and that this Council has been the most broad minded Council in Palm Springs history, and that he would have to see the record spoiled. Council Minutes 7-28-99, Page 2 Terry Durst, 4190 EPC, stated that the Park does not have many issues regarding the WWTP; that anyone who may take over the operations should be made aware of understandings the WWTP may have with its neighbors; that being the closest neighbor to the WWTP, it would be appreciated for any discussions the Park be notified. ' Fred Ebeling,resident, stated he is against everything; that the Community does not know what the Council is doing; that the Council should be representing the people of the City, not special interest; and that this matter should be held over for further discussion. Tom Kieley, DWA, requested Council continue the matter until the vote of the people; that some of the information was just released and the Community has not had time to review the material; that the Council should put this discussion to an end tonight and allow the people to review the information and vote in November; and requested Council continuation. Jim Jones, Palm Springs, stated that regarding item 3, the fire station does not need to be replaced, but could be repaired; that the timing is bad for this type of bond proposition; that in fact there are three Utility User Tax measures on the ballot; and that it seems this is becoming a tax and spend Council; and added that the contract concerning the WWTP was not made available to the public until last Friday; that in review of the contract, employees will be reduced; that the contract calls for a Schedule F and that is not included in the contract; that there are too many questions that need to be answered before the Council makes a decision; and he requested the Council postpone the issue to allow the information to be dissected and discussed. b) Comments concerning items 1 & 9: Dick Sroda, Palm Springs stated that the City Attorney contract at first glance does not seem too bad; but that besides Rutan & Tucker getting paid $10,000 a month, the City is also hiring other attorneys for an additional $1 Million a year; and added that the WWTP has become an issue because the Council borrowed from its funds to finance a rail station and other projects; that there should be money in the WWTP fund to cover the expansion needed;that the Council can't keep trying to sell things to pay off debts it should not have created; and that the WWTP account should be paid back. c) Comments on matters not on the agenda: Eric Langman, Hotelier, stated that the WWTP should be left to the voters and added that the sign ordinance regarding rates needs to be clarified; that the ordinance specifies how rates can be placed outdoors, but does not address, inside or indoors; that the Hotel Association should be included on the discussion; that the Community is starting to become active with events and suggested the Council address the Hotel Association for assistance in determining the value of revenue from an event, when using inkind services, and other expenses the City has. Wendi Busig-Kohn, Palm Springs, read a prepared statement, copy of which is on file in the Office of the City Clerk. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: a) Councilmember Oden requested a listing of City properties to be used as possible homeless drop in center sites; and stated that the Human Rights Commission has prepared a human dignity and human rights ordinance for Council consideration; that attendance at a San- Diego Gay Pride Parade had strengthened his resolve to define what type of ' Community Palm Springs wants; that in the midst of the parade, tear gas was set off and the terror of women running with children cannot be described; and that the proposed ordinance should go to the City Attorney for review; and added that the issues for the revised landscaping on the Mid Valley Parkway should be handled by the City Manager. Council Minutes 7-28-99,Page 3 LEGISLATIVE ACTION: i. WASTEWATER TREATMENT PLANT Recommendation: That the Council consider approval of a five year operations and maintenance agreement with U.S. Filter Operating Services, Inc., or consider a ninety day extension of the existing short-term professional services agreement (A4114) for plant (127- management services and allowing installation of computerizedfautomation equipment. 005) A4123 &4124(MOU). City Manager gave status report(copy of which is on file in the Office of the City Clerk) regarding the Wastewater Treatment Plant and added that this will save taxpayers. Assistant City Manager-Operations reviewed the staff report and added that the recommendation is not for the sale of the WWTP, rather the operation and management; and that this action will save the City money. City Manager stated the City is fortunate to have an outstanding City Attorney to ensure; the City and its citizens are protected; that US Filter is also represented by an outstanding law firm, and negotiations have been completed; that the staff has been careful not to distribute material that are erroneous and are in fact the documentation that will be used by the Council; that this is not a sale of the plant, but rather operations and maintenance; that since negotiations have started, the plant is losing operators; that the; City does need certified personnel to handle the plant; that the safety of the citizens is of concern; and that at the present there is only one individual with the certificate needed to run the plant. Assistant City Manager-Operations stated that the employees at the; plant do have bumping rights; and that there are some jobs being held vacant for the employees to shift into. Councilmember Oden questioned if the various agreements the City has concerning the WWTP will stay in effect. City Manager stated that all existing agreements will stay in effect and added that the agreement proposed between US Filter and the City is similar to the operation of the Convention Center; that it is not to sell the plant, but to operate and maintain; and that if the City initiative fails, the 15 year lease will go into effect, Councilmember Hodges stated that her position has been, and remains, that this matter should be delayed until the matter is voted on; that a petition drive was put together by the citizens and has qualified for the ballot; that the City has done a good job in negotiations with US Filter; but that all the citizens should look at what has been accomplished, and what benefits will be experienced; that the information forthcoming from DWA will be appreciated; that as of yet a written proposal has not been received from DWA, but that it would be in the best interest of the City for it to be submitted and added, that based on the citizen initiative, she will not vote in favor of the matter. Councilmember Barnes stated that the City Council is asked to make; decisions that will enhance the City; that the responsibility of the Council is to cull through emotions, opinions, and concerns of all and conic to basic agreement; that adding the measure does not override the citizen measure; that the Council is asked to find ways to be fiscally responsible, to keep rates low or to lower them, to reduce the debt, and increase reserves; that on this issue to maintain relationship with DWA, the Council is endeavoring to do these things; that there are benefits to the five year operation and maintenance agreement, such as the City maintains ownership of the plant; that the City set the rates for the plant; that the City leases the facility,collection system, and the down and under drain system to US Filter; that US Filter will in turn operate and maintain the system; that US Filter will carry out the first phase of plant expansion and modernization for a fixed fee of $4.6 million instead of the master plan purported cost of$13 million; that US Filter, at City option, may be responsible for billing and collection of City-set rates„ that there are many benefits; that the Council is endeavoring to be fiscally responsible by reducing rates and cutting rates for hook-up fees; that by doing these things, economic development will be spurred; and that while it is the wish of the Council to maintain a good relationship with DWA,there is no intent to change what they have done in the past. Council Minutes 7-28-99,Page 4 Councilmember Reller-Spurgin stated that time is needed to allow the citizens a look at the big picture; that a good deal has been negotiated with US Filter; but that the perception in the Community is bad; that the Council should be encouraged to give time for people to read the MOU and the 5-year agreement; and that for the Council to take action tonight is untimely. ' Mayor stated that expansion of the WWTP is not a new issue; that expansion has been reviewed in order to relieve current plant demands; that when the City Council reviewed the Montgomery Watson Master Plan proposal, it was not supported; that work was performed with Montgomery Watson to get a plan that allowed expansion at the current plant to increase the rate of consumption; that,quality is what is needed; that the Council has met turbulent goals regarding rate changes and lower operating costs; that the Council does not want a building moratorium to occur like in 1976; that reduction of costs and expansion of services is the goal; that an additional goal is to free up parcels of land used for perc ponds; that newer recycling methods are available; that Prop 218 issues need to be dealt with; that it is clear that a flat rate can no longer be charged,but that a user fee be implemented; that the City will continue to control the WWTP; that it is not a desire to sell the property; that in-lieu costs need to be addressed; that US Filter has been the best offer; that it will expand the plant for $4.5 million and address the needs of the City; that reduction of hookup fees, lowering of sewer bills and maintaining high service was the objective and that was met; that the subcommittee did review all the proposals and the direction was clear; that the process does not circumvent the ballot issue, but provides a better operation for the City. Councilmember Reller-Spurgin stated that the citizens deserve the respect and the opportunity to understand the matter and that the Council should give them time to do so. Councilmember Oden stated that the Council may not have communicated clearly with the Community; that the City now has a Public Information Officer that will be able to do so; that whether the Council communicated or not, it is here to make a decision; that the ' decision must be based on what is in the best interest for its citizens and that the MOU and 5 year agreement will best address the need for the Community. Minute Order 6457 approving five year agreement and Minute Order 6458 approving MOU, defining deal points of a long term(15 year)agreement were presented; after which, it was moved by Oden, seconded by Barnes,and carried by the following vote that MO6457 and MO6458 be adopted. AYES: Barnes, Oden and Kleindienst NO: Hodges&Reller-Spurgin. 2. PREMISE DISTRIBUTION SYSTEM AND SHARED TENANT SERVICES EQUIPMENT Recommendation: That the Council approve the purchase of Premise Distribution System (PDS) and Shared Tenant Services (STS) equipment from NEC Business (051- Communications Systems through the State of California Multiple Award Schedule 104) (CMAS), in amount not to exceed$200,000. Director of Aviation reviewed the staff report. Councilmember Barnes questioned the length of life expentency and if the system could be expanded on. Director of Aviation stated that the life of the equipment was 15 -20 years, and ' expandable. Minute Order 6459 as recommended was presented; after which, it was moved by Reller- Spurgin, seconded by Oden, and unanimously carried, that MO6459 be adopted. 3. 1999 SPECIAL ELECTION-BOND PROPOSITION(Second Reading-intro 7-7-99) Ord ---- calling for and ordering a consolidated special election for the purpose of (083- submitting to the voters of the City a proposition to incur bonded indebtedness for the 017) Council Minutes 7-28-99, Page 5 implementation of"City Plan for its Safety Infrastructure Replacement and Enhancement Needs". City Manager withdrew the matter stating that the process will not proceed, due to the focus needed for passage of the Utility User Tax. Councilmember Reller-Spurgin stated that on July 7, 1999, it did not seem favorable to ' pass the Ordinance; that the thinking was turned around as discussion ensued; that it was passed, but her thought that it was not right to put a property tax issue on the ballot remained, and added that it should be withdrawn. Councilmember Barnes stated that he concurred, and suggested that other methods around bonding be pursued. Mayor stated that a measure of this type can only be placed on the ballot every two years, and that if the Council does not act to allow the voters to consider the item, why would an additional two year wait make a difference. City Manager stated that there are several issues on the ballot; that if the T.RJT is defused, current operations would be affected; and that the focus needs to be to maintain what the City currently has. Councilmember Reller-Spurgin stated that one issue for the SIREN measure was to provide venting for the Fire Station; that discussion with Risk Management has resulted in determining that the corrections can be made through that department. Councilmember Oden stated that there are needs within the Community that need to be addressed; that while he is not opposed to removing the measure from consideration, there are issues remaining that need to be taken care of. Motion to withdraw the item from consideration was presented, after which; it was moved , by Reller-Spurgin, seconded by Oden, and carried by the following vote that the matter be withdrawn. AYES: Barnes,Hodges, Oden and Reller-Spurgin NO: Kleindienst. 4. CALEASE MASTER LEASE/PURCHASE AGREEMENT Recommendation: That the Council approve Supplement #4 not to exceed $710,000 to finance the purchase of two fire engines and one paramedic squad unit. A4035. (084- 017) City Manager reviewed the staff report,no further report was added Minute Order 6460 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried,that MO6460 be adopted. 5. FIRE DEPARTMENT Recommendation: That the Council award lease/purchase of two fire engines from Pierce (084- Fire Apparatus, Pierce Manufacturing Inc., in an amount not to exceed $650,000 as a part 017) of the Calease lease/purchase agreement. City Manager reviewed the staff report and added that alternative fuel vehicles were not available. ' Minute Order 6461 as recommended was presented; after which, it was moved by Reller- Spurgin, seconded by Hodges, and unanimously carried,that MO6461 be adopted. 6. FIRE DEPARTMENT Recommendation: That the Council award lease/purchase of one paramedic squad to (084- Raceway Ford, Riverside, in an amount not to exceed $60,000 as a part of the Calease 017) lease/purchase agreement. Council Minutes 7-28-99,Page 6 City Manager reviewed staff report. Fire Chief stated that the equipment should be delivered in October, then the chassis and cab will be sent out for the body and equipment; that it should be finished by November. City Manager stated that it will take about the same length of time to get certified paramedics ready on staff. Minute Order 6462 as recommended was presented; after which, it was moved by Reller- Spurgin, seconded by Oden, and unanimously carried,that MO6462 be adopted. 7. BELARDO ROAD BRIDGE-MOU On July 8, 1999, Council continued consideration of Amendment #2 to A2435 with the Tribal Council,defining issues relative to the Belardo Bridge. (088- 005) City Attorney requested the matter be continued to September 15, 1999, at the request of the Tribal Council. Motion to continue the matter to September 15, 1999,was presented; after which, it was moved by Reller-Spurgin, seconded by Barnes, and unanimously carried,that the matter be continued. 8. VENTURE PACIFIC INC. On July 21, 1999, Council directed staff to revise action to deny the proposed use due to negative aesthetic impacts, and opposition to developing new WECS sites versus (123- retrofitting existing WECS sites. 034) Principal Planner reviewed the staff report,no further report was given. ' Resolution 19624 as recommended was presented; after which, it was moved by Oden, seconded by Barnes, and unanimously carried,that R19624 be adopted. 9. CITY ATTORNEY CONTRACT Recommendation: That the Council consider approving a contract with Rutan & Tucker, Costa Mesa, to provide legal services at a monthly retainer of$10,000 for up to 100 hours (068- of general legal services; all hours of general legal services above 100 hours per month to 001) be at $155.00 per blended hourly rate; respective to litigation and special areas blended rate of$175.00 per hour,and$180 per hour effective July 1, 2000. A4125. City Manager reviewed the staff report and added that over the past nine years, the City has had the services of Rutan and Tucker; that it was a tremendous expense in the beginning to clean up contracts to bring the City to the level it is today and added that the funds have been well spent,that Rutan&Tucker provides excellent service. Councilmember Hodges stated that over the years Rutan &Tucker has stood by the City; when times were bad, it did not request increases, but rather understood the City's position; that when fees are caused by a developer or other source, they in fact pay the fees; and that with the new blended rate on fees,the City will only gain. Councilmember Oden concurred with Councilmember Hodges. Minute Order 6463 as recommended was presented; after which, it was moved by ' Hodges,seconded by Oden,and unanimously carried,that MO6463 be adopted. 10. ADDITIONAL LEGISLATIVE ITEMS: None Council Minutes 7-28-99, Page 7 CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. 11. Res 19625 approving continuation of appropriations from fiscal year 1998-99 to 1999-00 for (061- projects not completed. 027) ' 12. MO 6468 waiving greens and cart fees for the 3rd annual Palm Springs Police Officers (092- Association Golf Tournament at the Tahquitz Creek Golf Resort on Saturday, October 2, 013) 1999. See Minutes below. 13. Res 19626 authorizing contracting with Sempra Energy Sales for the natural gas commodity (052- requirement for the City's cogeneration plants,not to exceed 42 months. 001) 14. Res 19627 approving amendment#1 to agreement(A3662)with AT&T for citywide pay (117- phone services. 046) 15. Res 19628 approving termination of an encroachment license by Robert Butin that allowed the (136- construction of improvements in the right-of-way at 383 Indian Canyon Drive, CBD, Section 027) 15,T4S, R4E. A3251. 16. MO 6464 approving Change Order 91 with E.L. Yeager to reduce contract by S 11,008; (051- revised total contract$1,411,937 for Airport Phase IIA apron concrete fill-in. A4103. 010) Kleindienst Abstain - FPPC Rule. IT Res 19629 approving Final Map 29075 for property located at 1290 Pasco El Mirador, Section ( 137- 11,T4S, R4E. Hodges Abstain-Property. 18. MO 6465 awarding contract to ARB,Inc., for$33,927, for Mid-Valley Parkway Phase 1 (123- landscaping improvements,CP95-38,A4126. 020) 19. MO 6466 awarding contract to G&M Construction for$108,795.50 for the Lobster Company (108- , parking lot upgrade, CP98-15,A4127. 004) 20. MO 6469 awarding contract to Commercial Diversified,Inc., for$93,000 for Palm Springs (051- International Airport restroom remodel. A4128. 104) 21. MO 6467 approving purchase of play equipment from Miracle Recreation Equipment Co., for (109- $126,255.66 for equipment to be located in Ruth Hardy Park and Sunrise Plaza. See minutes 003) below. 22. Res 19630, 19631 and 19632 approving Payroll Warrants and Claims &Demands. Note abstentions, if any: Councilmember -Warrant# -Payee -Particular Nature of Conflict (086- Reller-Spurgin 944129 Dennis Spurgin Spouse 019) Hodges 943994 DWA Client of Employer Hodges 944021 Granite Construction Client of Employer Resolutions 19625 through 19632 and Minute Orders 6464 through 6469 were presented; after which, it was moved by Oden, seconded by Reller-Spurgin,and unanimously carried,that R19625-19632 and MO6464-6469 be adopted. Items separated from Consent Agenda: 12. PALM SPRINGS POLICE OFFICER ASSOCIATION GOLF TOURNAMENT ' Recommendation: That the Council waive green and cart fees for the 3rd:tnnual Palm (092- Springs Police Officers Association Golf Tournament at the Resort Course of Tahquitz 013) Creek Golf Resort on Saturday, October 2, 1999. Mayor stated this is an October request for a Saturday; and added that the Council had indicated that it did not want charity tournaments on Saturday. (k"r' 1- - Council Minutes 7-28-99,Page 8 Councilmember Hodges stated that the Parks&Recreation did approve this request and that at this time approval should be given;but that a policy needs to be set in place and abided by. 21. PURCHASE OF PLAY EQUIPMENT FROM MIRACLE RECREATION EQUIPMENT ' Recommendation: That the Council approve the purchase of play equipment from Miracle Recreation Equipment Company at the same volume discount pricing that it has (109- set for the State of California,according to the State's terms and conditions, for sites 003) located in Ruth Hardy Park and Sunrise Plaza for a total of$126,255.66 Mayor stated that this action could not have been taken without the Variety Club. ADDED STARTERS: None REPORTS &REQUESTS: CITY COUNCIL reports or requests-None PUBLIC reports or requests a) Matilda Jones, expressed appreciation to Councilmembers Hodges and Reller- Spurgin for supporting the democratic process in the action taken regarding item 1. STAFF reports or requests-None ADJOURNMENT There being no further business-Mayor declared the meeting adjourned at 9:30 p.m. PATRICIA A. SANDERS City Clerk 1