HomeMy WebLinkAbout12/18/2002 - STAFF REPORTS (4) CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
NOVEMBER 6, 2002
A Regular Meeting of the City Council of the City of Palm Springs, California, was called to
order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on
Wednesday, November 6, 2002, 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, Mills, Oden, Reller-Spurgin, and
Mayor Kleindienst
Absent: None
The meeting was opened with the Salute to the Flag, and an invocation by Councilmember
Oden.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on November 1, 2002.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 7 of agenda this date.
PRESENTATIONS: Commendation Plaque presented to Dean Stephen-Kauffman
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:
Tom Davis, Tribal Planning Director, stated his availability to answer questions regarding
Item 12; that the finishing touches on the project are being made; that the casino will be
a high class endeavor; that it will blend with the general ambiance of the City; that
service will be a priority; and that the casino and resort will be something of pride for the
City. In addition, Mr. Davis stated it is the Agua Caliente Tribal policy to not pay TUMF
fees for commercial projects, however, the tribe will make a donation to the City as they
have done in the past.
Wendie Busig-Kohn, Palm Springs, stated her praise for the accomplishments of Dean
Stephen-Kauffman, and wished him well on his move to Oregon.
Mark Timbrell, Palm Springs, stated that he would like to see more representation for the
middle class residents, which would get them to vote on positive issues.
Joy Meredith, Palm Springs, stated that she is proud of the community during the difficult
time of the election; that the numbers are a little too close; and that we have to look at
some of the issues.
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Council Minutes
11-06-02, Page 2
Frank Tysen, Palm Springs, stated that he is pleased with the passage of Measures Y &
Z; that even though Measures U, V, W, & X went down in defeat, they served a purpose
for the residents; and that he urges the Council to look at the way the City is run,
especially financially; and that the Council should reach out to the people.
APPROVAL OF CONSENT AGENDA:
It was moved by Oden, seconded by Reller-Spurgin, and unanimously carried,
that Items 1 thru 8 be adopted, excluding Items 4 and 7.
1. Approval of Minutes of October 16, 2002. Kleindienst Abstain.
2. MO 7188 approving Amendment 2 to A4487 with VSA Airports for airport
engineering services of design work related to the Airport Loop Road
reconfiguration for $956,100. Total contract amount of $1,831,600. (Fully
Federally Funded).
3. MO 7189 approving Amendment 7 to A4382 with Gensler for Airport Architectural
Services for Airport Security related tenant improvement projects for $118,000.
Total contract amount of$709,398.
4. SEE EXTENDED CONSENT AGENDA
5. MO 7190 approving and adopting the plans, specifications and working details,
and authorizing advertisement for construction bids for the Sunny Dunes Street
Improvements and Camino Real, Indian Trail and Andee Drive ARHM Overlay.
CP01-05.
6. MO 7191 approving the Request for Proposal for a city-wide historic resources
survey not to exceed $50,000.
7. SEE EXTENDED CONSENT AGENDA
8. Res 20483, 20484, 20485 and 20486 approving Payroll Warrants and Claims &
Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Reller-Spurgin 981137 Spurgin Spouse
981576 Spurgin
981692 Spurgin
Mills 981146 Tenet Business Related
Council Minutes
11-06-02, Page 3
EXTENDED CONSENT AGENDA:
4. Recommendation: That the Council approve and adopt the specifications and
authorize advertisement for construction bids for the 2002-03 Annual Slurry Seal
Project. CP02-14.
Councilmember Oden questioned the frequency and schedule for the annual
slurry seal.
City Engineer stated the criteria for the schedule of slurry; that the slurry must be
done after the heat of summer, and not to interfere with major events.
Councilmember Oden stated that he would like to see the areas planned for
slurry this year.
City Engineer stated that there is a map that has every street listed and the year
it was last slurry sealed; and that the streets are indexed and scheduled ahead of
time.
City Manager stated this issue will be on a Study Session as early as possible to
explain how it is done.
Councilmember Mills stated the need for the overlay schedule also.
Mayor stated the need for a chart to show how Measure A assists the City in
street maintenance.
Minute Order 7192 was presented; after which, it was moved by Oden, seconded
by Mills and carried unanimously that MO7192 be adopted.
7. Recommendation: That the Council support the Palm Springs Desert Resort
Convention and Visitors Authority Visitor's Signage on Traffic Signals Program.
Resolution 20487 was presented; after which, it was moved by Mills, seconded
by Reller-Spurgin and carried by the following vote that R20487 be adopted.
AYES: Members Mills, Oden, Reller-Spurgin and Mayor Kleindienst
NO: Member Hodges
ABSENT: None
Council Minutes
11-06-02, Page
PUBLIC HEARINGS:
9. CALLE CHIA RIGHT-OF-WAY VACATION
Recommendation: That the Council vacate a portion of right-of-way dedicated
for the public street named Calle Chia, Section 23, T4S, R4E. File R-02-007.
Director of Public Works/City Engineer reviewed the staff report; no further report
was given.
Mayor declared the Hearing open; there being no appearances; the Hearing was
closed.
Mayor questioned if this is part of property that the City owns; and stated that
someone has been using public property, and questioned if the City has recourse
to recover some payment for the use.
City Attorney stated that this is not fee property; that it is not used by the City;
and we do not intend to retain ownership; that staff did try to determine how this
property got fenced, and determined that it was not worth the effort; that
Engineering does not see an ultimate need for the street.
Councilmember Hodges stated that we do not know who fenced the property,
therefore, it would be difficult to go after them.
Res 20488 was presented; after which it was moved by Hodges, seconded by
Reller-Spurgin, and carried unanimously that R20488 be adopted.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
LEGISLATIVE ACTION:
10. CONVENTION CENTER EXPANSION
Recommendation: That the Council approve Amendment 1 to Agreement 4473
with Michael Fontana and Associates to provide City Representative services for
the First Phase of the Convention Center Expansion for $46,000. Total contact
amount of$134,500.
City Manager withdrew the item.
Council Minutes
11-06-02, Page 5
11, STREET NAME CHANGE — CASE 5.0918 — MABREY ROAD
Recommendation: That the Council approve Case 5.0918 application to change
street name Mabrey Road to Canyon Rock Road.
Director of Planning & Zoning reviewed the staff report; and further stated that
the property owners requested the name change.
Res 20489 was presented; after which, it was moved by Mills, seconded by
Oden, and carried unanimously that R20489 be adopted.
12. CASE 5.0667 — PD232 - SPA CASINO PROJECT CONFORMITY REPORT
Recommendation: That the Council approve a Conformity Report on the Agua
Caliente Band of Cahuilla Indians Spa Casino Project to construct a 119,000
square foot casino and related 1,474 space parking lot on 10.5 acres, located on
a site generally bound by Andreas Road, Calle Encilia and Calle El Segundo.
Zone R-4VP, Section 14.
Director of Planning and Zoning reviewed the staff report; and further stated that
this is the first time a conformity report has been developed with all City staff and
Tribal staff involved; and that the parking structure will not be built at this time,
and there will be surface parking only
MO 7193 was presented; after which, it was moved by Hodges, seconded by
Oden, and carried unanimously that MO 7193 be adopted.
13. ADDITIONAL LEGISLATIVE ITEMS:
STATE OF CALIFORNIA GRANT— MUNICIPAL POLICE SERVICES
Recommendation: That the Council approve an expenditure plan for frontline
municipal police services in the amount of $100,000 regarding a California State
Grant.
City Manager reviewed the staff report; no further report was given.
MO 7194 was presented; after which, it was moved by Oden, seconded by Mills,
and carried unanimously that MO 7194 be adopted.
Council Minutes
11-06-02, Page 6
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
14. Treasurer's Investment Report as of September 30, 2002. Received & Filed
15. Direction regarding Human Rights Commission Vacancy term—6-30-04
Direction regarding Villagefest Board-Jeweler term - 6-30-03 (Council will wait to
give direction until November 5, 2002 Election is certified.)
PUBLIC reports or requests
STAFF reports or requests
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
BARBARA J. WHITE
Assistant City Clerk
PATRICIA A. SANDERS
City Clerk
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
NOVEMBER 20, 2002
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, November
20, 2002, at 7:00 p.m., at which time, the City Clerk adjourned the meeting due to a lack of
quorum to November 26, 2002.
ROLL CALL: Present: Councilmember Mills and Mayor Kleindienst
Absent: Councilmembers Hodges, Oden and Reller-Spurgin
PATRICIA A. SANDERS
City Clerk
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
NOVEMBER 26, 2002
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 Tuesday, November 26, 2002, 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, Mills, 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 November 22, 2002.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 6 of agenda this date.
PRESENTATIONS: None
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: - No Business
COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL:
JOINT PUBLIC HEARING:
A. SCHLPS, LLC, DISPOSITION AND DEVELOPMENT AMENDMENT#1
Recommendation: That the Agency and City approve Amendment 1 to Disposition
and Development Agreement 0428C, to facilitate the development of the Star
Canyon Resort located on South Palm Canyon Drive, between Sunny Dunes Road
and Mesquite Avenue, in a form approved by the City Attorney.
Director of Community and Economic Development reviewed the staff report and
added that the amendment does reflect the project changing from hotel to
timeshare; that the project description is changed as well as the time schedule;
that the developer has agreed to implement impact fees to offset the loss of
transient occupancy tax; and that the owners will pay the fees as a part of the
annual maintenance fees.
Chairman/Mayor declared the Hearing open; there being no appearances, the
Hearing was closed.
Chairman/Mayor stated that there has been full support for the project since
inception; that since the transition to timeshare, full support cannot be given; that
the project is a good asset for the Community, but that there is no guarantee of
revenue stream.
Council Minutes
11-26-02, Page 2
Resolution 20490 and 20491 as recommended were presented; after which, it was
moved by Oden, seconded by Mills and carried by the following vote that R20490
and 20491 be adopted.
AYES: Members Hodges, Mills, Oden and Reller-Spurgin
NO: Chairman/Mayor Kleindienst
ABSENT: None.
Adjourn as Community Redevelopment Agency; reconvene as City Council.
CITY COUNCIL
PUBLIC COMMENTS:
Nancy Stuart, Tramway Boardmember, reviewed a schedule of events for the Aerial
Tramway.
APPROVAL OF CONSENT AGENDA:
It was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that Items
1 thru 12, excluding 2 be adopted.
Review by City Manager of Consent Items to be clarified.
1. MO 7195 approving Amendment 3 to A4023 with C. Kell-Smith & Associates for
Phase IV of the Airport Residential Sound Insulation Program of 82 potential
homes for$584,865. Kleindienst and Mills Abstain.
2. MO ----- approving an agreement with the State of California Bureau of Narcotics
Enforcement to allow continued participation in the Inland Crackdown Allied Task
Force with an option to extend for an additional three years. A-----. Withdrawn.
3. MO 7196 approving a Reimbursement Agreement with Coachella Valley
Association of Governments for the proposed widening of Indian Canyon Drive
from 2 to 4 lanes across the Whitewater Wash for $1,662,000. CP01-25.
A4593. (This project is fully grant funded).
4. MO 7197 awarding contract with Steiny and Company, Inc., for the Sunrise Way
Traffic Signal Interconnect for$160,663. CP01-14. A4594.
5. MO 7198 approving Amendment 1 to A4231 with Coachella Valley Association of
Governments for the Indian Canyon Drive traffic signal interconnect project for
$42,355.67 for a total cost of$564,555.67. CP95-06.
6. MO 7199 approving Amendment 1 to A3281 with Verizon Wireless to allow the
installation of a 40kw emergency stand-by generator with an increase to the
monthly rental payment from $683 to $750.
7. Res 20492 approving excess earthquake/flood insurance coverage for a term of
November 21, 2002 to November 20, 2003, total cost $234,714.63.
8. MO 7200 approving Amendment 6 to A3082 with Palm Springs Disposal
Services for an extension of the term to June 30, 2003.
Council Minutes
11-26-02, Page 3
9. MO 7201 approving Amendment 1 to A3789 with PSP Rental Company for an
extension of the lease for property located at 2777 North Palm Canyon Drive for
the Palm Springs Visitors Center for a term of one year at $5,000 per month.
10. MO 7202 authorizing the City Manager to enter into an agreement with Desert
Academy of the Arts for temporary artwork display in the downtown corridor for a
period of November 28, 2002 to April 30, 2003. A4595.
11. MO 7203 ratifying Closed Session approval of October 30, 2002 of a settlement
agreement with Mike Kemp. A4596.
12. Res 20493 and 20494 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Reller-Spurgin 982015 Spurgin Spouse
Mills 982026 Tenet Business Related
982024
EXTENDED CONSENT AGENDA: None
PUBLIC HEARINGS:
13. CAMINO ALTURAS SEWER CONSTRUCTION REFUND AGREEMENT
Bernard A. & Mary M. Guentner
Recommendation: That the Council approve a Sewer Construction Refund
Agreement with Bernard A. & Mary G. Guentner for the sewer main extension on
Camino Alturas to Camino Monte.
Associate Civil Engineer reviewed the staff report.
Councilmember Oden questioned when the hookup would be required for the
property owners and if the cost for hookup is the same for each property owner.
Associate Civil Engineer stated that mandatory hookup is required when the
septic system needs repair and that each property owner is assessed based on
the topography cost involved in addition to the cost for the sewer main.
Mayor declared the Hearing open.
Dr. Ayad M. Gharghoury, Palm Springs, stated that typographically his property
is lower; that on two separate occasions installation to the sewer system has
been sought; that due to the difficulties of construction, it has not been done; that
Tri-State Construction did survey his property for installation; that it was
determined the line would be too close to the water main; that an application had
been filed for renewal of the septic tank; that the application was denied due to
the pending required hookup; and that it is requested that an exemption be
granted and the application for renewal of septic tank be granted.
Council Minutes
11-26-02, Page 4
Imad Guirguis, Engineer, stated that the main problem is that there will be two
lines required; that some properties will require the line to be placed at a deeper
elevation; that the typography in some areas is rock; that in the past,
construction costs have not been feasible; that in this case, the previous speaker
is experiencing prohibited costs; that new pits for sewage could be built near the
owners tennis courts; that the other option is to do the hookup with a pump
station; that it is his recommendation to the property owner to obtain permits for
replacement of the septic tank.
There being no further appearances, the Hearing was closed.
Councilmember Oden questioned if this one property could be provided an
exemption from the mandatory hookup.
Associate Engineer stated that the property could be excluded for the
assessment, but that the assessment costs would need to be reevaluated and
the rest of the property owners would bear the additional cost; that the
typography of the area is rock; that this particular property could use a pump lift
station; that as far as the septic tank repairs, it may not be legal, but that the City
Attorney would need to address that issue.
City Attorney stated that the reimbursement agreement between the developer
and the City has not been reviewed; that the terms and conditions may not be
able to be changed; that there may be a valid reason not to include the property,
but at this time the recommendation is to defer the matter to allow meeting with
all parties.
Associate Engineer stated that the matter is not pressing, but that the developer
would like to recover costs.
City Attorney recommended continuing the matter to January 15, 2003.
Councilmember Mills stated that there is no concern for further staff review, but
that a report should be given that indicates what other sites may need pump
stations, how many times this has occurred, and how many times the City has
required the stations.
City Attorney stated that through the meeting process it may be that the property
owner makes a valid case requiring a renoticing of the public hearing and
recommended that the action be to table the matter.
City Manager stated that meetings were held for the concerned parties; that the
request for infrastructure improvement was via the property owners and that the
process did work to include all concerned parties.
Motion to table the matter was presented; after which, it was moved by
Kleindienst, seconded by Oden and unanimously carried, that the Motion be
adopted.
14. GRANVIA VALMONTE RIGHT-OF-WAY VACATION
Recommendation: That Council vacate a portion of the right-of-way dedicated
for the public street named Granvia Valmonte, Section 10, T4S, R4E. File R-02-
047.
Council Minutes
11-26-02, Page 5
City Manager reviewed the staff report.
Councilmember Mills questioned how many additional parking spaces would be
gained.
Associate Engineer stated between 11 or 12.
Councilmember Mills stated that there are also additional spaces gained by the
Pepper Tree Hotel.
Director of Planning & Zoning stated that an additional 22 feet would be gained
by the Pepper Tree Hotel; that in totality there are 5 — 7 parking spaces gained,
but the asset is that a more functional parking plan is implemented.
Mayor declared the Hearing open; there being no appearances, the Hearing was
closed.
Resolution 20495 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Mills and unanimously carried, that R20495 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:
15. CONVENTION CENTER EXPANSION PHASE I
Recommendation: That the Council approve an agreement with Mike Fontana
and Associates to provide City Representative services for the First Phase of the
Convention Center expansion. A4597.
Executive Director — Airports reviewed the staff report and added that Mr.
Fontana would serve in the same function as the parking structure.
Councilmember Oden requested greater detail of the modification from the
standard form of agreement.
City Attorney stated that a normal contract has extensive insurance language;
that some consultants have problems obtaining the required insurance; that the
Council should be aware when there is a deviation from the standard agreement;
that small operators do have problems; that in this case the majority of problems
have been worked out; that the indemnity clause has been eliminated; and that
the fact is that the City would have greater resources should any action of the
contract need defending.
Councilmember Oden questioned if the contract should be approved in standard
form.
Council Minutes
11-26-02, Page 6
City Attorney stated that it is believed that Mr. Fontana will not sign the standard
form of the City; that given the service he provides, modifications have been
made to the standard language and that the City should be largely protected in
any case.
City Manager stated that the City Attorney has sought middle ground for the
contract; that one benefit the City does have is that the Executive Director —
Airports will be monitoring the contract and will be involved; and with that
involvement, additional protection is given to the City.
Councilmember Mills stated that the area in question is not one that Mr. Fontana
is in a position to make a decision on his own; that he is an expediter or a
representative for the City; that it is surprising that any small firm would sign the
standard contract; that the contract contains clauses that does not favor small
businesses; that if the City does want to encourage local businesses then it may
be that the standard contracts need adjusting to eliminate prohibitive clauses.
Councilmember Reller-Spurgin stated that Mr. Fontana is invested in the
Community; that the parking structure came in on time and at cost due to the
involvement of Mr. Fontana and the Executive Director — Airports and that it
would behoove the City to continue the relationship for the Convention Center
expansion.
Mayor stated that the agreement language may need to be reviewed; that the
City does need to have protection and the contractor does need to be able to
enter into the contract; and that it is beneficial to maintain the working
relationship in place.
Councilmember Oden stated that a policy might need to be established to
encourage small businesses and not just for one person, but a policy that could
benefit all.
City Manager stated that it is clear a policy is needed; that one will be prepared
and brought back for consideration; that the risk and abilities of small business is
different; that a tiered approach will be needed for contracts; and that the prior
approval of Mr. Fontana's contract concerning the parking structure will likewise
be modified to be the same as this contract.
Minute Order 7204 as recommended was presented; after which, it was moved
by Reller-Spurgin, seconded by Mills and unanimously carried, that MO7204 be
adopted.
16. CONVENTION CENTER EXPANSION PHASE II
Recommendation: That the Council authorize staff to negotiate an agreement
with Fentress Bradburn Architects, Ltd. for the design of the expansion of the
Convention Center Phase II project. Final Agreement to be approved by City
Council upon completion of negotiations.
City Manager reviewed the staff report.
Councilmember Mills stated that there were four firms interviewed; that all firms
were impressive; that the choice was not easy; that the competition was close,
Council Minutes
11-26-02, Page 7
but that the recommended firm did have an edge on creativity; and that the
group as a whole was extraordinary.
Mayor stated that the recommended firm did the convention center in Denver;
that the Sub-committee did get concurrence from Denver of an excellent job; that
all the firms were good, but it is the committee's recommendation that is being
presented.
Councilmember Reller-Spurgin questioned if the master plan direction had been
decided.
Mayor stated the issue has not been brought for formal action.
City Manager stated the issue should be presented for consideration within the
next 30 days.
Mayor stated that each of the firms analyzed Scheme 3 to the north; that the
presentations by the firms were all based on the same perimeters; and that there
is no recommendation for site selection.
City Attorney stated that the work program schedule, if headed towards the Suitt
property, may involve 1090 issues.
Mayor stated that the recommendation before the Council is neither for site nor
architectural planning.
Executive Director—Airports stated that the recommendation is only to negotiate
a contract with the architect.
City Attorney stated in an abundance of caution, Member Mills and Mayor
Kleindienst should abstain, so that there is no problem in the future.
Councilmember Oden stated that the approval could contain the elimination of
certain properties to be certain of no conflict.
Mayor stated that the recommendation before the Council is not for the site.
Councilmember Oden stated that the contract negotiations would need to include
the properties being used.
Councilmember Mills stated that the action being requested is to allow a contract
to be negotiated; that the program is not final; that this type of approval is fairly
standard; that the architect will help with the Master Plan but will not suggest any
specifics on the Master Plan.
Councilmember Oden stated that if an anylization includes determining where
the Convention Center expansion site will be, then it does need to be specified.
Mayor stated that the action being requested does not include giving direction as
to site.
Councilmember Oden questioned if the firm would be analyzing sites.
Mayor stated that each firm was told during the competition to review Scheme 3.
Council Minutes
11-26-02, Page 8
Director of Procurement & Contracting stated that each of the firms reviewed
Scheme 3 for design for operational purposes; that only Scheme 3 was used for
the qualification to select the architect; and that later a decision will be made as
to which Scheme will be used for the expansion.
City Manager stated that the direction would be for the architect to review the
land the City owns and that the land is to the north of the current footprint.
Councilmember Hodges stated that if there is a potential conflict, that does need
to be disclosed and that the City does need to be certain that the process
already undertaken is correct.
Executive Director — Airports stated that if the architect could be selected at this
meeting, that the first item to come back for consideration would be site
selection; that the contract will come back for consideration at the December 18,
2002 meeting; that at that meeting a contract for an architect will be
recommended and options will be presented for Council selection as to
alternatives; that approval at this meeting will allow the process to continue, but
will not predetermine the site.
Councilmember Oden stated that an opinion should be given by the City Attorney
if a conflict exists.
City Attorney stated that a Closed Session cannot be held for the selection of an
architect.
Mayor stated that delay in this approval will harm the project and based on that
he would abstain from voting.
Councilmember Mills stated that it is not clear if there were a potential conflict;
but that based on the Mayor's comments, he likewise would abstain.
Motion to approve the recommendation was presented by Councilmember
Reller-Spurgin.
Councilmember Hodges stated that there could be a problem with the process
when the members of the subcommittees are abstaining.
City Attorney stated that it is not clear what the process was, or what it involved,
but that only three members are needed for a vote.
City Manager stated that the Council selected the subcommittee; that the
subcommittee did not discuss the design of the Convention Center expansion on
any property that was not owned by the City.
Director of Procurement & Contracting stated that even if the Council
subcommittee votes were removed from the Committee's vote, the
recommendation would stand.
Councilmember Hodges stated that notice has been given for a potential conflict
and that the conflict involves both members of the subcommittee.
Council Minutes
11-26-02, Page 9
Councilmember Oden stated that all want to see the project more forward; and
that if a delay is experienced it is not to sabotage the project.
City Manager requested a break for confer with members of staff.
Executive Director — Airports stated that the item before the Council has been
clarified; that the issue is to recommend an architect; that the architect will work
on the expansion of the Convention Center with the City with no consideration of
any property other than that owned by the City.
City Attorney stated that in conferring with staff it is clear that only Option 3 was
reviewed by the potential firms; that there was no option presented of the
expansion going east; that it is in all likelihood that no one needs to abstain to
enter into the recommendation; and that the contract will be considering City
owned property only.
Minute Order 7205 as recommended was presented; after which, it was moved
by Reller-Spurgin, seconded by Hodges and carried by the following vote, that
MO7205 be adopted.
AYES: Members Hodges, Oden and Reller-Spurgin
NO: None
ABSENT: None
ABSTAIN: Member Mills and Mayor Kleindienst.
17. 1992 AIRPORT REVENUE BONDS - REFINANCING
2002-03 FISCAL YEAR BUDGET AMENDMENT
Recommendation: That the Council approve an agreement with SI Partners to
provide special financial consulting services for the refinancing of the Airport's
1992 Airport Revenue Bonds; and amend the 2002-03 fiscal year budget in the
amount of$90,000. A4598.
Executive Director — Airports reviewed the staff report, no further report was
given.
Resolution 20496 and Minute Order 7206 as recommended were presented;
after which, it was moved by Reller-Spurgin, seconded by Oden and
unanimously carried, that R20496 and MO7206 be adopted.
18. 2002-03 ALLOCATED POSITION AND COMPENSATION PLAN
Recommendation: That the Council approve Amendment 1 to the 2002-03
Allocated Position and Compensation Plan to delete one Traffic Maintenance
Electrician position and add one Senior Traffic Maintenance Electrician. Total
number of allocated position of 459.50 remains unchanged.
City Manager reviewed the staff report.
Councilmember Oden stated that the salary increase would be between $6,000
and $10,000.
City Manager affirmed and added that more technical skill is required for the job
and that it is important to keep signal within synchronization.
Council Minutes
11-26-02, Page 10
Councilmember Oden questioned if the position vacancy could be held until the
budget review.
City Manager stated that the position is vacant and does need to be filled.
Councilmember Oden questioned if the position could be filled at the current rate
and any reclassification be held until after the budget review and added that it is
important to maintain costs until the budget is reviewed to determine the City's
financial standing.
Mayor stated that there should be a quarterly budget review upcoming.
City Manager stated that the budget review is on schedule.
Resolution 20497 as recommended was presented; after which, it was moved by
Kleindienst, seconded by Mills and carried by the following vote, that R20497 be
adopted.
AYES: Members Hodges, Mills, Reller-Spurgin and Mayor Kleindienst
NO: Member Oden
ABSENT: None.
19. CITY INVESTMENT POLICY
Recommendation: That the Council approve a City Investment Policy.
Director of Finance & Treasurer reviewed the staff report, no further report was
given.
Resolution 20498 as recommended was presented; after which, it was moved by
Hodges, seconded by Reller-Spurgin and unanimously carried, that R20498 be
adopted.
20. ADDITIONAL LEGISLATIVE ITEMS:
Recommendation: That the Council approve a Tolling Agreement with El Dorado
Palm Springs, LTD., a California Limited Partnership, terminating October 23,
2003. A4599.
City Attorney reviewed the conditions of the Tolling Agreement.
Councilmember Oden questioned who would be monitoring the process.
City Attorney stated that the residents of El Dorado would continue the activity.
Minute Order 7207 as recommended was presented; after which, it was moved
by Hodges, seconded by Reller-Spurgin and unanimously carried, that MO7207
be adopted.
ADDED STARTERS: None
REPORTS & REQUESTS:
Council Minutes
11-26-02, Page 11
CITY COUNCIL reports or requests
Councilmember Mills requested a report on the Ruth Hardy Park tennis court lighting
operation.
Councilmember Hodges requested the completion date for Farrell Drive construction.
Mayor requested staff assistance to CVAG regarding traffic signals at Gene Autry, Date
Palm and 1-10.
PUBLIC reports or requests
STAFF reports or requests
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk