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HomeMy WebLinkAbout10/3/2001 - STAFF REPORTS CITY OF PALM SPRINGS CITY COUNCIL MINUTES August 15, 2001 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to be held in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, August 15, 2001, at 7:00 p.m., at which time, the City Clerk adjourned the meeting due to a lack of quorum to August 16, 2001. ROLL CALL: Present: None Absent: Councilmembers Jones, Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst PATRICIA A. SANDERS City Clerk 1 CITY OF PALM SPRINGS CITY COUNCIL MINUTES AUGUST 16, 2001 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor pro tem Oden, in the Council Chamber, 3200 Tahquitz Canyon Way, on Thursday, August 16, 2001, 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 Hodges, Reller-Spurgin, and Mayor pro tem Oden Absent: Councilmember Jones and Mayor Kleindienst The meeting was opened with the Salute to the Flag. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on August 10, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 3 of agenda this date. PRESENTATIONS: None HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY- No Business PUBLIC COMMENTS: Philip Tedesco stated the abatement procedure needs to move ahead on the Biltmore Hotel. Harold Stone 2980 Plaimor, voiced opposition to the Ocotillo Energy Plant; and added that the AQMD reports indicate an off-set of mitigating credits; that the credits can go anywhere; that the result will be emissions in our air; that credits will not reduce the air pollution put out by the plant; and that it is wrong to allow the plant to be developed. CONSENT AGENDA: None PUBLIC HEARINGS: 1. CASE 5.087413 - OCOTILLO ENERGY PROJECT Recommendation: That the Council amend the Zoning Ordinance to allow natural gas fueled electrical generation in the "E-I" Energy Industrial Zone; and review of the California Energy Commission application for certification of a proposed facility located within a 75 acre site north of Dillon Road, east of Diablo Road, Zone E-1 and W, Section 9, R4E, SBBM. City Manager read a prepared statement, and added that the purpose of the meeting tonight is to generate comments regarding the placement of the project; that there is a State crisis regarding energy; that tonight will not finalize any action by the City; that there is not a full compliment of Members of the City Council Minutes 08-16-01, Page 2 Council present; that the meeting will allow for additional comment regarding the proposed project; that there are many questions yet to be answered; that an independent consultant will be hired to interpret the environmental documents generated regarding the proposed plant; that the hearing will be continued to September 5 to a regular meeting; that the full Council will be present at that meeting; that the final information needed for Council consideration should be available; and that another opportunity for the public to express its opinion will be given. Director of Planning & Building stated that the matter for action tonight is consideration of first reading of a possible zoning amendment and a Resolution designating findings regarding the proposed plant; that a number of additional plants could be placed in the area; that there are no other applications pending at this time; that the first reading of the Ordinance is recommended with additional information to be forthcoming for Council review; that the information requested by the Council should be provided before the proposed second reading of the Ordinance; that there are some issues that are State level; that the City of Desert Hot Springs has expressed concerns with the CEQA process; that the California Energy Commission should address those concerns; and that the permitting process does fall under State jurisdiction. Mayor pro tern stated that the meeting was called in response to a request by InterGen. City Manager stated that InterGen did request a meeting to outline the process and to allow further public comment; that tonight the Council is being requested to consider first reading of a Zoning Amendment; that the hearing is requested to be continued to September 5, 2001 and that no further action is being requested. Director of Planning & Building stated that the Ordinance Amendment being considered is to amend the zone to allow natural gas fueled electrical generation in the "E-1" Zone; that the "e-V zone already exists, but the proposed amendment would allow natural gas fueled electrical generation to be added to the existing allowances. Mayor pro tem questioned what is the process of approval of the project. Director of Planning & Building stated that the Planning Commission will make recommendations to the Council for consideration regarding the site development and that the rest of the permitting process is through the State. Mayor pro tern clarified that the action before the Council is an amendment to the Zoning Ordinance and not approval of the project. City Manager stated that much more information is needed before the Council will be asked to consider the item; that the action tonight is merely a first reading of the Zoning Ordinance amendment; that the State does have the project on a "fast Track"; and because of the intricacies of the project, the City will hire an independent consultant to interpret the environmental impact reports for the City. Council Minutes 08-16-01, Page 3 Councilmember Reller-Spurgin stated that one of the reasons for requesting the meeting was that at the last meeting the item did not come up for discussion by the Council until 1"30 a.m.; that it is not fair to the Council, nor to the people it represents to try to discuss an item of this magnitude at that hour; that InterGen did also request the meeting for tonight; that the reputation of the City is not being business friendly;' that when someone wants the City to listen the Council does need to make itself available to hear the information; that if this project moves a mere 60 feet into County land, the process will begin again and no longer be in a fast track process; that the action before the Council is for land use related only; that personally she is not an air quality expert; that the AQMD is; that the AQMD representatives are in the audience; that the project is not about money for the City, but about is it appropriate at this location and if there are any long term effects; that the Members of the Council need to listen and let the experts tell the City what the results of the studies are. Mayor pro tem questioned the lead for the project. Director of Planning & Building stated the State of California Energy Commission would be the lead agency to authorize the permits; that the City is being requested to amend the Zoning Ordinance; that the first reading tonight will assist in moving the project along; that there will be additional information given to the Council as it becomes available; and that the plan is for the plant to be operational by the upcoming summer. Mayor pro tem declared the hearing open. Tom Mulhall, Terra Cotta Inn, read a prepared statement on behalf of the Chamber of Commerce of Indio that did request that the matter be continued for further study; and added that careful consideration should be given to the air quality impacts the project would produce. Mayor Matt Weyuker, Desert Hot Springs, stated that the City of Desert Hot Springs will be the City that will be most impacted by pollution; that studies have indicated that the wind will carry the pollution directly to the three schools located in the City; and added that the matter needs additional study before any action is taken. Arthur Lyons, Palm Springs, stated that the project is an opportunity for the City; that in fact a lot of opportunities have escaped the City over the years; that if the City does not approve the zoning amendment, the project will merely move about 3,000 yards and locate in the County; that the City will still have the impacts, but lose any possible revenue related to the project; and added that it may be that the City of Desert Hot Springs is awaiting the opportunity to move the plant to its City. William Vasta, 5301 Waverly, stated that this is an opportunity for the City to explore its options; that any decision should not be made in haste; that the State is no longer under the threat of blackouts; that the power plants that have been closing are due to maintenance, not lack of power; that there is plenty of land available that is not close to residential areas available to locate the plant; and that it is an illogical impulse for the City to buy a power plant. Council Minutes 08-16-01, Page 4 William Thomas, Desert Hot Springs, stated that there are alternatives to this type of plant, such as solar powered plants that produce no pollution; that the State is spending millions on renewable energy programs and would assist a solar plant with its funding; and that a plant of this size could cause major pollution problems in the Valley. Tom Suitt, Palm Springs, stated that balance is needed to make a decision; that there is a lot of confusion and unanswered questions regarding the plant; that more information is needed to help educate the public; that the City does need to hire experts to interpret the information gathered regarding the plant and report the findings back to the Council. David Hoopes, Desert Hot Springs, stated that the new motto for the City of Desert Hot Springs is "Clearly above the rest; that due to the higher elevations of the City and the wind of the area, it is clear that this City will be the most impacted by pollution; that the airborne pollution will be in excess of AQMD regulations; that the plant will not only impact the air quality but add to humidity and deplete the water tables; and that the City of Palm Springs should reject the issue. Betty Wallin, Desert Hot Springs, stated that the City of Palm Springs should deny the zoning request due to the impact to Desert Hot Springs. Harold Stone, 2900 Plaimor, presented information to the Council containing information from the CEC and SCAQMD, copy on file in Office of the City Clerk, and added that the people have not endorsed the project; that the people would be willing to pay more in taxes, rather than have the plant built; that the State is not in a power crisis; that the State is selling power it bought for $236/megawatt for $1/megawatt; that if there were a shortage, the State would not be selling surplus; that the applicant requests a special meeting with the Council and one is called; that being business friendly does not mean approving everything that a business proposes; that the independent consultant should be able to answer many questions regarding the environmental impacts for the City and urged the City Council to wait until all information is received. Steven Bayrd, Whitewater, stated that the bigger picture needs to be examined and that the bigger picture is that most of the pollution the valley will receive will be coming from the west, not generated by this plant. Shari Joseph, 401 S. El Cielo, stated that there are questions that are unanswered, such as will the heat add an adverse impact on the generated pollution; that this type of pollution will reduce the visual beauty of the Valley and the agricultural yields; that the so called energy crises is now questionable; that the profits will go to Shell Oil Company, InterGen and the City of Palm Springs; that this plant is premature; that if the plant were so good, there would be no need to promote community benefits; that the City Council should be the guardians for the health and welfare of the citizens; and that should the Council approve the zoning amendment, every breath of every citizen will be affected. Council Minutes 08-16-01, Page 5 Nancy Stuart, 1037 Tamarisk, stated that it was wise for the Council to call the meeting; that the decision must be careful and made with information; that options need to be left open and approve the first reading of the zone change. Joan Heredia, Santa Barbara, URS Corporation, stated that the company was the agent to prepare the EIR regarding the plant; that the company does consulting work for both private companies and public partnerships; that the full EIR has been submitted to the CEC; that it does address all environmental, health, visual and noise issues; that the comments regarding the long term effects are appreciated; that URS does stand ready to assist the City and its consultants in the interpretation of any documents; that there will be some visual impact from 1-10; that the plant will have motion detection lighting; that there will be an increase of humidity of .06 percent; that the amount of increase should not be perceptible; and that the plant is state of the art technology. Victor Cohen, 1011 E. Sierra Way, stated that there is strong opposition from those who oppose everything; that the State is in a power crisis; that everyone wants power, but most do not want the plant located in their backyard; that the proposed plant will help the City in its growth; that it will assist the City financially; and requested the action be approved. Theresa Covey, North Palm Springs, stated that the location of the plant is questionable and added that the plant would be located in a flood plain. Barbara Grumbine, North Palm Springs, stated that the air impact on Joshua Tree Monument is not mitigatable and that the Council should deny the action. Wendie Busig-Kohn, 591 N. Belardo, presented a Los Angeles newspaper article and requested that Member Hodges review it. Tomas Covey, North Palm Springs, stated that the citizens have stepped up to the plate and conserved energy; that there have been no blackouts thus far this summer; that there are procedural questions such as will this hearing be continued, will testimony tonight preclude any further testimony at a future hearing, has the City Attorney reviewed the recommendation, how many times can the Council vote on this matter; and added the reason there are no plants in Baldwin Hills, or South Gate is that the people sent the Governor back to Sacramento. Philip Losey, Cathedral City, stated that the moral high ground is if we want others to adopt new technology to assist in clean air emissions, then we must do so; and that this plant does promote clean technology. Joyce Manley, Whitewater, stated that the homeowners are concerned over the lack of care for the Whitewater area; that this is the area that will bear the brunt of the pollution; that there are not enough credits to offset this type of pollution; and that based on newspaper articles, there is no need for additional plants at this time. John Cotton, North Palm Springs, stated that Palm Springs may become an Industrial City rather than a resort with the approval of this matter; that there is Council Minutes 08-16-01, Page 6 no reason to hurry the decision regarding the plant; that the plant will be located 330 feet from his residence; that no one that close to the plant would be supportive of the issue; that there are many questions that need to be answered; that it is still up in the air whether the State can supersede the Council's decision regarding the zoning; and requested denial of the issue. Marian Harvey, Latham & Watkins, representing InterGen, stated that this process is somewhat different than most; that typically the City would be the lead agency for the development of a plant in its City boundaries; that in this case the CEC will be the CEQA and permit lead agency; that Phase I of the CEQA has been completed; that the Phase does include environmental issues that are under review by the CEC; that the staff assessment of the CEQA should be at hand by the end of the month; that the review will be objective; and following the review there will be a number of hearings for detailed analysis to be given. Sharon Lock, 1517 Sagebrush, stated that there are concerns with the matter being fastracked; that there is time for the information to be examined and to request an independent analysis of the data; that there is a question of air quality impact; and that the decision made should not compromise the current or future residents of the City. Jim Stuart, 1037 Tamarisk, stated that the bottom line is that the plant is coming; that the plant will be located in Palm Springs or in the County of Riverside; that the action before the Council at this meeting is a first step; that each citizen has his own view on the matter and the need for the City to bring an independent consultant is paramount; that there will be benefits from the plant; that there may be legislature passed regarding those Cities that have plants will not suffer future blackouts; that South Gate and Baldwin Hills would have required power lines to run over residential homes; that in this case that would not happen; that the location is perfect for the power plant; that it has been said that the plant will produce less pollution than is currently being generated on the streets at this time; that with the approval the standards of the industry may change to place tighter regulation on the western located plants; and that should the City endorse the project, there should also be some type of guarantee with the approval, such as a reduction of kilowatt hours for the citizens. Bob Hren, InterGen Vice President, thanked the Council for the meeting to allow additional input; that it is difficult to address all the concerns in the time permitted; but that all concerns have been noted and will be addressed; that the CEC has held on public hearing in Palm Springs; that the findings and documents are available at the City's library; that there does seem to be a lot of confusion on the issue; that before the Council tonight is just the zoning amendment; that the actual fate of the plant will be decided by another process; that experts are reviewing all the data connected with the proposal; that the data is complex; that there were many comments made by Desert Hot Springs citizens; that there have been studies performed regarding the wind path and intensity; that it has been found that the impact will be less than 4% of the time; that there are concerns with the present amount of PM10 in the Valley; that InterGen is looking for ways to reduce the PM10 impact in the valley; that the offset of the PM10 will help reduce the impact of the pollution; that all Agencies are being worked with; that this plant is state of the art; and that the findings do Council Minutes 08-16-01, Page 7 show that the bottom line will be with the approval of the plant and employing mitigating measures there will be reduced emissions in the valley. Martha Gilbreath, 2040 E, Calle Lileta, resident for 45 years; stated that it is wrong for this issue to be held in the month of August; that there are many that are on vacation during this time; that the only barrier between InterGen and the Coachella Valley is the zone change; that it is questionable why a plant would be located in an area where the air pours through the pass; that it would be better to build the plant in the lower end of the valley; that there are not as many people to be impacted; that the Torres Martinez Tribe is already building a power plant; that the 2% increase to the City's budget from the revenue of the plant will not compensate for 50 years of pollution; and that the final point is that a smog producing plant should not be allowed at the wind entrance of the City. Tony Hoetker, Palm Springs, stated opposition to the plant; that the air quality at this time is poor; that this type of decision should not be rushed; that all citizens should be involved in this decision; and that the Coachella Valley is known as a recreational destination and not as an energy-producing destination. Joy Meredith, no address given, stated that the accelerated process for this project is uncomfortable; that there are a number of questions that are unanswered such as how much money is our air worth; that the benefits to the City have not been given, other than monetary; and requested that Council not fast track the issue. Frank Tysen, no address given, stated that 30 years ago two oil refineries wanted to locate in the Banning/Beaumont area; that fortunately the Regional Air Pollution Authority was formed and that the refineries did not happen; that there is a question of the City's priority, whether the City should be a major industrial center or a quaint resort community with tourism based on clean air; that the question of being business friendly is based on who, the power plant representatives or the hotels in town, and that the Council does need to remember who it represents. Daryl Gilbreath, 2040 Calle Lileta, stated that the State is under pressure for energy; that the plant could be located in Mecca or Thermal; that InterGen is playing hard ball with the City; that if the threat is that the City approves the zoning change or it will locate elsewhere, the sentiment is good riddance; that all the facts have not been given; that there will be a visual plume constantly in view of the City; and that the Council should do the sensible thing and turn the amendment down. Fred Noble, no address given, stated that truth is often the casualty of passion; that there have been several hours of opposition testimony given and the applicant allowed about 10 minutes; that the applicant has not been allowed the opportunity to refute any of the testimony; that all need to understand that to deny the zoning change will kill the power plant; that at the best, most plants operate with 50-60 parts of NOX; that this plant has a 30 — 40% improvement over those numbers; that with the mitigating measures the air quality will be improved; that currently tourism is down based on the threat of blackouts; that rates will not come down until supply comes up; that if the State reverses itself Council Minutes 08-16-01, Page 8 on direct access, the City will have the salvation for tourism that is beyond any tax benefit InterGen will give; and added that if the matter is placed on a slow process, the project will be over. Ralph Thornton, no address given, stated that one of the themes tonight is that business, money and growth is evil; that not all in the City think so; that all are in this City because of the ability to make money; that safeguards do need to be set in place, but that it does need to be realized that the biggest polluter is people; and that the bottom line is that if you want to get rid of pollution, then get rid of people. Carrie Allen, no address given, stated as a previous Planning Commissioner she was vigoursly opposed to wind mills; and that the opposition was wrong; that over the years the City has been accused of being unfriendly to business; and that in this case the first step should be taken tonight and the debate allowed to be continued. Joan Sanca, no address given, stated that the zoning change should not be granted; that the City does have power now; that as time goes by, more solar energy will be used; and that the citizens should be listened to. There being no further appearances, testimony was concluded and the hearing continued to September 5, 2001. Mayor pro tem requested the Director of Planning & Building to explain the CEQA process. Director of Planning & Building stated that the process is controlled on the State level; that the CEQA will contain all the information that a local CEQA would contain; and that when the final document becomes available, a copy will be provided to the library for public review. Councilmember Hodges stated that there has been a lot of information given at the meeting; that it is important to allow as much public testimony as possible regarding the project; that there has not been pressure on her to approve the project; that the only request has been to consider the project; that time must be allowed for the Members to process the information that has been given; that while everyone wants power, we must also think of the future; that it has been said that if the City denies the project it will move just a few feet to the County of Riverside property; that the statement does need to be verified; that the process tonight is to allow the public to speak and to continue to consider the project while additional information and clarification is sought. Councilmember Reller-Spurgin stated that overall the topic tonight is that the Council should do the right thing; that the Members of the Council always do what they think is the right thing for the City; that none feel that their decision is wrong or not in the best interest of the Community; that the voting by the Council is pure; that with this issue, doing the right thing for one member, may not be the same right thing for another member; that at this time the City Attorney, InterGen and CVAG are working to see if direct access is possible; that the issue is of great importance to the residents; that the cumulative effect of the various Council Minutes 08-16-01, Page 9 powers being proposed in the Valley is also being evaluated; and that right now the right thing to do is allow time for questions to be answered. Mayor pro tem stated that there have been no threats given regarding the project; that the City does have a responsibility to assist the State through the energy crisis; that the entire State has been affected through its tourism due to the power crisis; that the AQMD will do the job that it should; that the bottom line is that there is no amount of money available to sacrifice the quality of life for our Community; that there have been several plants proposed in the Valley; that the impacts do need to be considered with this project; that there are a lot of unanswered questions; that the Governor has stated that consideration would be given to direct access to those Cities with power plants, and that is a significant statement; and that over the next few weeks the information and interpretations should become available to enable the Council to make a decision. Councilmember Reller-Spurgin requested the Resolution be revised to include language that approval is contingent on pending information forthcoming from the CEC and AQMD. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO ALLOWING NATURAL GAS FUELED ELECTRIC GENERATION FACILITIES SUBJECT TO A CONDITIONAL USE PERMIT I THE "E-1" ENERGY INDUSTRIAL ZONE after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, Jones and Kleindienst absent, that further reading be waived and the Ordinance be introduced for first reading. Resolution 20159 as revised was presented; after which, it was moved by Reller- Spurgin, seconded by Hodges and unanimously carried, Jones and Kleindienst absent, that R20159 be adopted. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. LEGISLATIVE ACTION: None ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None. REPORTS & REQUESTS: CITY COUNCIL reports or requests Council Minutes 08-16-01, Page 10 PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor pro tem declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES SEPTEMBER 5, 2001 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, September 5, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Jones, Hodges, Reller-Spurgin, and Mayor Kleindienst Absent: Councilmember Oden The meeting was opened with the Salute to the Flag, and an invocation by Reverend LaVeta Dillman, Chapel on the Way. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on August 31, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 7 of agenda this date. PRESENTATIONS: Senior Softball Hall of Fame— Sol Selvin "Best Swizzle Stick"Award. 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; after which, members reconvened as the City Council. PUBLIC COMMENTS: a) Paul Anobile, no address given, stated that the Friday Night Alcoholics Anonymous meeting currently held at the Mizell Senior Center has had its meeting night cancelled due to the increased energy costs and reduced funding the Center is receiving; and requested that the group be allowed to rent the Council Chamber on Friday night for future meetings. b) Corky Larson, CVAG, stated that a study session does need to be held with the Council regarding the Multi-Species Plan and the Big Horn Sheep issue; and added that funding has been given to the Gene Autry Trail and interchange projects in the amount of$15.6 million. C) Ray Alley, Desert Hot Springs, stated that the leash law infractions are too small; that the fines should be increased; that current laws are ineffective and that in the upcoming year the City should address the Ordinance. d) Tom Covey, North Palm Springs, questioned the status of the Minutes for past meetings. Council Minutes 09-05-01, Page 2 e) Peter Dixon, stated that past discussions by the Council were embarrassing; that the incumbents need to be able to debate issues without personal attacks; and that the Mayor is called on to maintain a civilized meeting. f) Bob Marra, stated that the Chamber of Commerce would be holding candidate forums for the upcoming election on October 2, 9 & 18 in the Council Chamber. APPROVAL OF CONSENT AGENDA: Items 1 thru 11. It was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, Oden absent, that Items 1 thru 11, excluding item 10, be adopted. Review by City Manager of Consent Items to be clarified. Councilmember Hodges stated that items 3, 4 & 5 were all expenditures where grants were pursued and the receipt was approximately $6 million in which the City will only expend $40,000; that staff should be commended for the grants and that without them the projects may not have been done. 1. MO 6913 approving contract with Conference Communication Groups Inc., dba Micon Construction for Baristo, DeMuth and Victoria Park playground renovations, Schedule A, B and C, for$151,633. CP00-15. A4392. 2. MO 6914 approving the City's Disadvantaged Business Enterprise Program for Federal Highway Administration funded projects for Federal Fiscal Year 2001-02. 3. MO 6915 approving grant reimbursement agreement with Coachella Valley Association of Governments for Gene Autry Trail Roadway and Railroad Bridge widening projects at the Whitewater River Wash for $4,564,500, at no matching costs by the City. CP01-04, A4393. 4. MO 6916 approving grant reimbursement agreement with Coachella Valley Association of Governments for Indian Canyon Drive Railroad Bridge and the I- 10 Connector Road widening projects, located on the north side of the Whitewater River Wash for $1,546,875, at no matching costs by the City. CP01- 11, A4394. 5. MO 6917 approving STIP grant reimbursement agreement with the Coachella Valley Association of Governments for the Sunrise Way traffic signal interconnection project for $120,000, City matching cost of $40,000. CP01-14, A4395. 6. MO 6918 approving the acquisition of real property from Jesse and Karen Macias for the residence located at 4440 E. Calle de Carlos for $87,000, plus closing costs. A4396. 7. MO 6919 approving Amendment #1 to A4158 with Anton Airtood Inc, Airport concessions, for the addition of Space 10 for the Palm Springs Coffee Company an the increased amount of percentage of 5% for up to 800,000 enplanement and 7.5% for 800,000 enplanement and above. Council Minutes 09-05-01, Page 3 8. MO 6920 approving Option Agreement with Skywest Airlines for a facility expansion on an additional 5 acres located at the airport at $1,000/acre per year, for a period of five years. A4397. 9. Res 20160 approving Amendment #2 to the Airport's Passenger Facility Charge to raise the rate from $3.00 per enplaned passenger to $4.50 per enplaned passenger. 10. Res ----- concurring with Community Redevelopment Agency regarding approval of DDA with New Millennium Development. (See CRA A). Item withdrawn. 11. Res 20161, 20162, 20163 and 20164 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 967873 Spurgin Spouse 967985 EXTENDED CONSENT AGENDA: None PUBLIC HEARINGS: 12. CASE 5.0874B - OCOTILLO ENERGY PROJECT Recommendation: That the Council consider the following actions: approval of a Memorandum of Understanding relating to Community benefits; approval of forwarding the Planning Commission Conditions of Approval to the CEC regarding the project; and amend the Zoning Ordinance to allow natural gas fueled electrical generation in the "E-I" Energy Industrial Zone. (Materials to be provided) City Attorney stated that although the item is on the agenda, the Council would not be taking formal action; that there are many questions that need to be answered; that the MOU between the developer and the City is still in draft form; that the independent consultants have not completed the analysis requested by the City, nor has the CEC completed its staff analysis of the EIR; that the foregoing reasons the Council will continue the hearing to September 19, 2001, its next regularly scheduled meeting; that the hearing will be opened at this meeting to allow any public testimony regarding the matter; that those who do speak tonight will not be allowed to give testimony at the continuation; and that it is requested that all interested persons appear at the September 19, 2001 to hear the complete presentation to be given to Council Mayor declared the hearing open. Jane Smith, no address given, stated opposition to the project; that this seems to be a hurry up item; that the Council should be informed and know the information that will affect the future lives of the citizens; that the impacts are not known; that to vote at this time is irresponsible and denies the public the right to knowledge; that the decision should be made on a valley wide basis; and that each member Council Minutes 09-05-01, Page 4 of the Council has a public, moral, and ethical obligation to leave no stone unturned on the matter. James Markman, Brea, stated that there will be a "slick" presentation given at the next meeting by the developer; that this issue should not be about generating revenue for the City, nor about the City doing its fair share towards the energy crisis; that the issue is what is being proposed to be built; that the project does not fit for the area; that it is in violation of the General Plan for the City; that the visual impact of seven smokestacks 100 feet high in the air can not be mitigated; that the entire area will result in projects that are built out of scale; that no EIR's have been completed; that if the City does not change the zoning, the project can not go forward; and that a comprehensive report needs to be given regarding the project to the public and the Council before a decision is made. James Cioffi, 2121 Tahquitz Canyon Way, representing a large number of concerned Palm Springs citizens, stated that a vibrant community is being supported; that the additional information requested regarding the Ocotillo Plant is needed; that it may be that the negatives are outweighed; that a new group has been formed composed of homeowners, business owners, representatives on Boards and Commission; that the new group is the quiet majority in Palm Springs and will be called Palm Springs I"; and that a more active role by the group will be taken. Miles Barrett, 1725 Tuscan Road, urged the Council to support the project; that the project should not be delayed; that the Council should negotiate a benefit package on behalf of its citizens; that the decision should not be based on emotion, but on facts and science; that the project has and is being studied by the AQMD; that it has gotten the stamp of approval from the SCAQMD; and that the City should be first in leading the way for this project. William Vasta, no address given, stated that it is clear the Council has already made its mind up; that the power crisis is a sham; that the usage for power only grew 2% this year; that this plant will leave a money trail; that the revenue will add to the tax base for the City; that the citizens will not get a tax break because of the plant; that careers will be advanced due to the plant; that the plant is not good for humanity; that the plant will be located in the poorest part of the community; and that someone needs to represent those citizens rights. Harold Stone, presented a copy of a consultant's report regarding the plant, copy on file in Office of the City Clerk, and added that according to the consultant the effect of this plant, will be like that of going to a health spa; that it sounds like in the report that the pollutants will not be allowed to cross the boundary fence; that the fact is the plant will produce 530 tons of pollution a year based on a reduction of operating times; that the Peaker Plant approved by this Council produces 930 pounds of pollution each day it runs; that as an intervener there are many documents that are accessible; that the documents have been offered to the City, but that the City Manager did state that the independent consultant would conduct an unbiased review of the reports. Robert Phillipson, Ramon Road, stated that Palm Springs is unique; that visitors come here for the environment; that approval of the plant will be a sell out by the Council; that the contracts that the Governor entered into will result in a surplus Council Minutes 09-05-01, Page 5 of energy by the year 2004; that water in the State is questionable; that drought is unpredictable; that this plant will use an undetermined amount of water; that the plant will have adverse effects on Desert Hot Springs; that the pollution will affect everyone in the Valley; and added that the Members of the Council are too temporary to make such a permanent decision. There being no further appearances, the hearing was continued to September 19, 2001. No further action was taken or requested by the Council. 13. BURNETT DEVELOPMENT COMPANY Recommendation: That the Council approve the sale of a City-owned 7,840 square foot parcel located near Via Olivera and Indian Canyon Drive to Burnett Company for$10,000. A4398. Director of Redevelopment reviewed the staff report and added that this matter was discussed in the March Closed Session; that staff was directed at this time to have the property appraised; that the property did appraise at $10,000; that Burnett Development has assembled all needed properties except this one and recommended approval of the item. Mayor declared the hearing open. Jason Lee, Burnett Company, stated availability to answer questions should the Council have need. There being no further appearances, the hearing was closed. Mayor stated that for a number of years the Council has requested that the inventory of properties owned by the City be reviewed and disposed of; that this is an excellent example of disposition; and added that it is not clear why this property was originally purchased. Resolution 20165 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, Oden absent, that R20165 be adopted. 14. RULE 20-A UTILITY UNDERGROUND DISTRICT— INDIAN AVENUE & 1-10 Recommendation: That the Council approve establishing the formation of a Rule 20-A Utility Underground District at Indian Canyon and 1-10, a joint project with the County of Riverside (Riverside County District#40). CP99-09. Director of Public Works/City Engineer reviewed the staff report, no further report was given. Mayor declared the hearing open. Council Minutes 09-05-01, Page 6 Tom Suitt, stated that as one of the property owners this matter was requested; that the funds will not come from the Council and that only support of the matter is being requested of the City. There being no further appearances, the hearing was closed. Resolution 20166 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Jones, and unanimously carried, Oden absent, that R20166 be adopted. 15. NUISANCE ABATEMENT— 640 INDIAN CANYON DRIVE Recommendation: That the Council declare the buildings at 640 Indian Canyon Drive to be a public nuisance and order the abatement thereof. Director of Planning & Building reviewed the staff report and added that the process started in 1997; that adjoining property owners have signed a petition requesting something be done about the property; that the owner has tried to sell the property; and requested Council support of the recommendation. Mayor declared the hearing open. Ramy Hormoz, stated that there have been many circumstances why the building has not been renovated; that each time someone comes to the City to find out about possibly buying the property, the City scares them off; that the property was sold, but the buyer did die three days before closing; that there are qualified offers on the table for the property; that additional time is needed to complete the offers and that one of the buyers will remodel the site and bring it back to a marketable site for the City. Jimmy Siggire, 1075 Wilshire Blvd., stated that there is a gentlemen buyer for the Spanish Inn; that the proposed buyer is well known and well qualified to do the deal; and that only a little more time is needed to consummate the deal. Willie Holland, stated that what the City is doing should not be supported; that the City comes in and pulls meters on the properties in question; that it does scare potential buyers away; that there are many old buildings in the City that are refurbishable; that Code Enforcement tactics should not be supported; and that in most cases, it is the City that holds up the remodeling of the projects. There being no further appearances, the hearing was closed. Councilmember Hodges questioned how long the building has been vacant. Director of Planning & Building stated that complaints started around 1997; that the building was most likely vacant for a while before the complaints were registered. Councilmember Reller-Spurgin sated that empathy is felt for the owners, but that the single most valuable asset is our property; that it is our responsibility to take care of our property and keep it up; that a child could access this complex and Council Minutes 09-05-01, Page 7 get hurt; and that as Members of the City Council there is duty to protect public safety. Resolution 20167 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, Oden absent, that R20167 be adopted. 16. NUISANCE ABATEMENT—444 W. PALM VISTA Recommendation: That the Council declare the buildings at 444 W. Palm Vista to be a public nuisance and order the abatement thereof. Director of Planning & Building reviewed the staff report. Mayor declared the hearing open. Willie Holland, no address given, stated that help is needed in renovating the area; that it seems when someone buys a building and starts to fix it up, the City hijacks the property; that property owners are not contacted by the City with violations; that buildings are demolished by the City without proper notification to the property owner; that it is not the answer to tear the buildings down; that the trend that is happening is like that of Section 14; that the land is wanted and the residents come home to find their homes gone; that the City does not take care of this part of the Community; that the street are only swept once a year; that there are abandoned cars all over the streets; that the economics of the area is not assisted; and that the oppressed people of the Community will most likely be moved to another area. There being no further appearances, the hearing was closed. Councilmember Hodges stated that this property has been noticed for violations starting in 1997; that nothing that the City has requested has been responded to and that the recommendation should carry. Resolution 20168 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, Oden absent, that R20168 be adopted. 17. NUISANCE ABATEMENT—400 W. AVENIDA CERCA Recommendation: That the Council declare the buildings at 400 W. Avenida Cerca to be a public nuisance and order the abatement thereof. Director of Planning & Building reviewed staff report. Mayor declared the hearing open. Willie Holland, no address given, presented material to Council, copy on file in Office of the City Clerk, and added that this was set for trial in August, 2000; that circumstances were confusing; that after the Notice of Order was received, the violations were being complied with; that the City disconnected the meters, making it impossible to fix the property; that $30,000 was spent to try to bring the Council Minutes 09-05-01, Page 8 property to Code; that the City says there were no permits drawn for the additions; that the permits were drawn when the property was under County jurisdiction; that the records for the County have been destroyed; that there is a lot of false information being given; and that the renovations in the past were permitted. There being no further appearances, the hearing was closed. Resolution 20169 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, Oden absent, that R20169 be adopted. 18. NUISANCE ABATEMENT— 1000 EAST PALM CANYON DRIVE Recommendation: That the Council declare the buildings at 1000 E. Palm Canyon Drive to be a public nuisance and order the abatement thereof. Director of Planning & Building reviewed the staff report. Mayor declared the hearing open. Ernie Noia, 249 E. Tahquitz, submitted photos, copy on file in Office of the City Clerk, and added that the owners of the property, Mr. and Mrs. Grant did contact his office for assistance; that out of the 72 units, 12 must be torn down; that the project is viable; that the background of the Grants will bring the Hollywood crowd back to town; that a team has been gathered to review the project; that trash and graffiti has been removed from the property; that the buildings have been boarded up; that costs are being determined; that should the Council deem to tear the building down, the result is vacant land; and that if some time is given for the new team to review the plans and rehabilitate the project, the City will have a new complex in its place. David Christian, architect, stated that as the new architect to the project an overview has been done; that it is felt the project can be brought back to the original condition; that the structure went from doing business to being totally shut down; that much of the tile in the bathrooms is in salvageable condition; that there is something to work with in this structure; that his firm has partnered with another firm that does these types of renovations; that the project generates enthusiasm; that while the rear units and some of the kitchens do need to be removed, the structure itself will be exciting to work on. Joan Murrie, Biltmore Condo Phase III homeowner, stated that the last two years this structure has fallen into total disrepair; that vagrants hang out; that it is good to hear that there are new plans, but the question is when will the renovation happen. Bud Grant, stated that he did purchase the property one and one-half years ago; that there were mistakes made during the renovation process; that the owners were convinced they must take a backseat in the process; that the process never got off the ground; that all locals have been hired that have proven tract records; that there is a 10-point plan in place on what will finally be done; that it is hoped that the Biltmore can be put back on its feet; that the homeowners of the Council Minutes 09-05-01, Page 9 Deepwell Ranch were met with; that the nonappearance of those homeowners should say something to the Council; and that with an extension of time, the serious intent for this project will be proven. Jerry Fleming, no address given, stated that the greatest thing in Palm Springs is its architecture; that even though this structure is not in the best of conditions, the architectural details are in good condition; and requested the extension of time for the owners to redo the project. There being no further appearances, the hearing was closed. Councilmember Hodges stated that over the years there have been many complaints over the condition of this structure; that it is encouraging that the owner has a plan in place; and that the recommendation should be to continue the hearing for one month to allow for progress to take place. Councilmember Reller-Spurgin stated that there is no piece of property that has had more complaints about it than this one; that a good team has been assembled to work on the project and that Councilmember Hodges's recommendation should be concurred. Director of Planning & Building stated that the hearing could be re-opened and continued for 30 days. Mayor questioned if no extension is granted what the schedule would be. Director of Planning & Building stated that there is a 30 day period in which the owner can take rehabilitation action; that if there is no movement the City Attorney would start the legal process for demolition; that staff does get complaints on a regular basis on the structure and that the 30 days would allow significant response by the owner. Mayor stated that traditionally the Council has approved the Resolution to place pressure on the property owner to comply with the abatement; and that typically the process is allowed to happen without intervention by the Council. Councilmember Hodges stated that the reason for this change is that there are now local responsible project team members in place; that generally speaking in other cases the promises of rehabilitation are made, but nothing materializes. Motion to reopen the hearing and continue the matter to October 3, 2001 was presented; after which, it was moved by Reller-Spurgin, seconded by Jones and carried by the following vote, that the matter be continued to October 3, 2001. AYES: Hodges, Jones and Reller-Spurgin NO: Kleindienst ABSENT: Oden. Council Minutes 09-05-01, Page 10 COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. LEGISLATIVE ACTION: 19. PALM CANYON THEATER Recommendation: That the Council approve Change Order #1 to A4375 with Commercial Diversified to correct a series of structural deficiencies at the Palm Canyon Theater for$264,000, CP00-20. Assistant City Manager-Operations reviewed the staff report. Mayor questioned the funding for the project. City manager stated that the funds earmarked for the renovation of the City Hall parking lot would be reprogrammed; and requested the Building Official to review the needed adjustments. Building Official stated that when the roof structure was removed, the support struts were found to be inadequate; that the struts need to be replaced or rehabilitated; that rehabilitation is much more costly, thus the recommendation for replacement; and that there is no question, should the problem not be dealt with the roof will fail. Mayor stated that when this type of work begins on old buildings, it is not uncommon to find major problems with the structure and questioned if there was anything else of note. Building Official stated that as more things are torn out, the hidden problems will be exposed; that there did not seem to be a problem with termites or decay, but design and installation. Mayor questioned the status of the north wing of the building and if the structure met earthquake code. Building Official stated that the north wing has not yet been inspected and that the building will be seismic reinforced and have tie downs. Mayor requested the scope of work to be done. Building Official stated that only the areas that must be fixed will be done; and that no extras will be added. Mayor stated that in remodeling one cannot define costs; and that the end result may be more than staff is requesting at this time. Councilmember Hodges questioned if there were any Federal or State historic site grant funds available to assist in the expenditures; and that it may be that the Council Minutes 09-05-01, Page 11 building should be placed on the National Registrar to secure funding or private donations. Mayor stated that thus far it has been determined that the sheeting on the roof is rotten; that all buildings require maintenance and upgrades; that when buildings are not maintained, then the result is very costly upgrades; and that in this case the City does desire to preserve the Frances Stevens building. Minute Order 6921 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, Oden absent, that MO6921 be adopted. 20. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: None CITY COUNCIL reports or requests 21. Subcommittee — RFP evaluation Committee for Insurance Broker. Reller-Spurgin and Jones confirmed 22. Mayor stated correspondence had been received from Riverside County requesting funding participation regarding the Date Festival. PUBLIC reports or requests: None STAFF reports or requests: None ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES SEPTEMBER 12, 2001 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, September 12, 2001, at 7:00 p.m. ROLL CALL: Present: Councilmembers Jones, Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on September 7, 2001. PRESENTATIONS: None. 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; after which, members reconvened as the City Council. PUBLIC COMMENTS: (3-minute limit per person on matters within the jurisdiction of the Council). a) Jim Stuart, no address given, stated that there were no words for the recent tragedy on the East Coast; and added that the City does need to review the need for a regional commission for the Airport; that the larger commission does not accomplish as much as it did when it was smaller; and that there used to be more air carriers. b) Sermonies (sp), Save-A-Pet Kennels; urged support for the Valley-wide Animal Shelter. CONSENT AGENDA: It was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, that Items 1 thru 5, Reller-Spurgin abstaining on the Minutes of July 12, 2001, be adopted. Review by City Manager of Consent Items to be clarified. 1. Minutes of July 12 & 25, 2001. 2. MO 6922 approving Change Order#1 to A4388 with Commercial Diversified Inc., for Bridge Repairs on Ramon Road for $117,000.20, CP97-20; and MO 6923 approving Amendment #1 to A4389 with the City of Cathedral City to increase the reimbursement allowance related thereto. 3. MO 6924 approving Amendment #1 to A3776 with Texas O.A.P. for office space at the airport terminal building, Suite B-229, for a period of three years, at no additional cost. 09-12-01, Page 2 4. MO 6925 approving Consent to Assignment from Richard Heckmann and Mary Heckmann to Heckmann Enterprises Inc., for airport hanger lease located at 3200 Camino Bombero. A3978. 5. MO 6926 concurring with the Community Redevelopment Agency awarding purchase of forty (40) additional decorative light fixtures from Delta Lighting Systems, Inc., for$69,402. (See CRA B). EXTENDED CONSENT AGENDA: None PUBLIC HEARINGS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. Councilmember Oden stated a recommendation had been made to the Board of Supervisors from the Riverside Energy Task Force containing three recommendations: That the baseline be based on the inadequacies of climate zones; that the summer months be April through October; and that the tiered rate system be abolished and the baseline be increased. Councilmember Reller-Spurgin requested report concerning the installation of security cameras for the downtown area. Mayor stated that the recent acts of terrorism in the United States were on a scale never experienced before; that there is a lot of emotion in the Country; that all should try to remain focused; that the act perpetrated was designed to disrupt America; that if everyday America is not productive the act succeeded; and that investigations will be done and action taken to deal with the situation. LEGISLATIVE ACTION: 6. MASTER BAIL SCHEDULE MODIFICATION — DUST CONTROL VIOLATIONS Recommendation: That the Council amend the Revised Master Bail Schedule to provide specific penalties for the violation of the City's fugitive dust and erosion control ordinance. Director of Planning & Building stated that the maximum allowed is defined in the Municipal Code; that if there is a chronic violator a misdemeanor can be cited; that the fine is $1,000 or six months in jail; that it is the violator that is cited, not the developer for the job; and that if the Ordinance is enforced it will be effective. Councilmember Hodges stated that the Municipal Code should be revised to reflect a higher fine; that the City is experiencing a lot of problems with PM10; and that the proposed changes will mean nothing to a developer. Councilmember Oden questioned who would be cited for violations. Director of Planning & Building stated that the violator at the job site would be cited. Councilmember Oden questioned if the severity of the situation would be determined on the second offense. 09-12-01, Page 3 Director of Planning & Building stated that at the second offense the cite could be moved to misdemeanor status; that typically when an employee is cited, compliance is the result; that this process would allow the fines to be progressive and to move to a misdemeanor on the second offense; and that in addition AQMD is notified in which case, fines can run in the thousands of dollars. Mayor questioned if the second offense is determined by job or by year. Director of Planning & Building stated that the cites could be counted either way; that there is sufficient personnel to enforce the ordinance; and that the matter could be brought back to Council if the program does not work. Councilmember Hodges stated that the increase means nothing; that the Council should just leave the fees as they are; that from personal experience, developers do not care; that preventive costs are high; that it is cheaper to pay a fine than hire a water truck; and that the fines should start at $1,000, second offense at $5,000 and third offense at $10,000. City Attorney stated that the misdemeanor program is set up within State Law confines; that in order to avoid the misdemeanor process, it is recommended to implement the citation process; that the result is typically quicker compliance; that a $10,000 fine can not be created for an infraction of the law; that if the citation process fails in compliance, then the misdemeanor program could be used. Councilmember Oden questioned if multiple citations could be issued at the same job site. Director of Planning & Building stated that whomever is in violation could be cited; that regarding the PM10 matters, the Building Industry has requested that a AQMD inspector be placed in the Valley; that once the AQMD becomes involved, it will allow the City to be more aggressive. Minute Order 6927 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and carried by the following vote that MO6927 be adopted. AYES: Jones, Oden, Reller-Spurgin and Kleindienst NO: Hodges ABSENT: None. 7. AIRPORT CITATIONS Recommendation: That the Council amend Resolution 12967 to authorize certain airport officers and employees to exercise the arrest and citation authority conferred by Section 1.08.050 of the Palm Springs Municipal Code. Interim Director of Aviation reviewed the staff report. Councilmember Oden questioned if the actions were somewhat premature in light of recent happenings. Interim Director of Aviation stated that the action should be sufficient to meet any guidelines mandated. Resolution 20170 as recommended was presented; after which, it was moved by Oden, seconded by Hodges, and unanimously carried, that R20170 be adopted. 09-12-01, Page 4 8. STATE LOBBYIST Recommendation: That the Council approve an agreement with Smith, Kempton & Watts for Statewide Lobbyist efforts for $45,000.00 and a term of one year. A4401. City Manager reviewed the staff report, no further report was given. Minute Order 6928 as recommended was presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried, that MO6928 be adopted. 9. OCOTILLO ENERGY FACILITY-AIR QUALITY REPORT Recommendation: That the Council approve Amendment #1 to A4400 with The Keith Companies Inc., in the amount of $1,000.00, increasing the total amount of agreement to $4,500.00; and Amendment #1 to A4399 with McDaniel Lambert, Inc., in the amount of $1,200.00, increasing the total amount of agreement to $6,199.00, for independent consulting services related to the Ocotillo Energy Facility environmental impacts. City Manager reviewed the staff report, no further report was given. Minute Orders 6929 and 6930 as recommended were presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried that MO6929 and 6930 be adopted. 10. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests Interim Director of Aviation stated that the FAA had closed all airports; that the shut down is the first time in aviation history; that the terrorist acts in New York caused the closures; that the only planes that will be flying for the next few days will be military; that there will be new rules implemented by the FAA; that each airport will need to be certified for compliance before opening; and that passengers need to be aware to go to airports early and be prepared to be patient. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk