HomeMy WebLinkAbout1/16/2002 - STAFF REPORTS CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
August 1, 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 Chambers at City Hall, 3200 Tahquitz
Canyon Way, on Wednesday, August 1, 2001, at 5:30 P.M.
ROLL CALL: Present: Councilmembers Hodges, Jones, Oden, Reller-Spurgin
and Mayor Kleindienst
Absent: None
The meeting was opened with a Salute to the Flag and invocation by Reverend Tom
Rietveld, Palm Springs Baptist Church.
PRESENTATIONS: None
REPORT OF POSTING AGENDA: City Clerk reported the Agenda was posted in
accordance with Council procedures on Friday, July 27, 2001.
REPORT OF CITY ATTORNEY ON CLOSED SESSION: See Page 6 of agenda of this
date.
HOUSING AUTHORITY, INDUSTRIAL DEVELOPMENT AUTHORITY and FINANCING
AUTHORITY had no business for this meeting.
CITY COUNCIL ADJOURNS, per Mayor Kleindienst, for the purpose of convening as
the Community Redevelopment Agency.
PUBLIC COMMENTS:
Bob McDonald, Las Palmas, requested Members of the Council to re-establish
themselves as a working team and for Councilmember Jones to resign.
Mark Hunter requested Item 31 be approved.
Linda Forte, Tourism Director, expressed appreciation for support given to the Tourism
Division during the past year.
Tom Suitt, Palm Springs, requested approval of Items#23 and 32.
Nancy Stuart, no address given, expressed her opinion regarding the recent referendum
process and encouraged members of the Council to work together for the betterment of
the Community.
Kerry Allen, 832 San Lorenzo, apologized for a letter released to The Desert Sun
concerning funding for the Mizell Senior Center and added that the Center would like to
renew its request for need of additional funding.
Jim Davis, General Manager Holiday Inn, requested approval of Item 32,
Jill Hathaway, no address given, stated that the Council should work as a team; that if
there is dissension, it should be left behind and the work for the good of the City
proceed. 14
Council Minutes
08-01-01, Page 2
Jim Janus, Mizell Senior Center, requested continued financial support of the Mizell
Senior Center for the upcoming year.
Tom Mulhall, 2388 E. Racquet Club, urged support of the hotel association; that there is
advantage to the expansion of the convention center and added that it is a very
important issue for our town
Dick Hascamp, Palm Springs and Street Bar owner, requested waiver of fees for Item
28.
Elizabeth Sanka, no address given stated that the site of the proposed power plant was
incorporated into the city with the understanding that it would be used for renewable,
non-polluting windmills and light manufacturing, not power plants; that is what was
promised when representatives of Wind Tech fought for the incorporation of that area.
Dean Carlson, Palm Springs, requested support of Item 31.
Mathew Tahlala, requested support of Item #32.
Jeff Rollins, Palm Springs, expressed support of Members of the City Council.
Frank Tysen, recommended they send out questionnaires and find out what people think
on issues concerning the Community.
Jim Ballard, 190 E. Palm Canyon, requested support for Item 32.
Obstat Dada(?), General Manager of the Hilton Palm Springs Resort, requested support
of Item 32.
Denise Goolsby, requested support of Item 28 and 32.
Jim Manion, Managing Director of the Riviera Resort & Racquet Club, requested support
of Item 32.
John Connell, Palm Springs, questioned the motives of Councilmember Jones.
Jim Dunn, General Manager of the Convention Center, requested support of Item 32.
Larry Coslin, Director of Operations at the La Mancha Resort urged support for Item 32.
Joy Meredith, owner of Crystal Fantasy, urged support of Item 32.
CONSENT AGENDA:
Councilmember Reller-Spurgin questioned regarding Item 9, why the funding did
not come from the library contract.
Director of Finance & Treasurer stated that the Council could direct the allocation
from the Library budget; that it would potentially reduce the amount in one of its
funds; that the allocation would be from the Library contingency account, which is
carried forward from year to year.
Council Minutes
08-01-01, Page 3
Councilmember Reller-Spurgin stated that the Council must be prudent with its
allocations.
Assistant City Manager-Administration stated that the library does not have a
contract with the city this year.
It was moved by Reller-Spurgin, seconded by Jones, and unanimously carried, that
Items 1 thru 21, excluding Items 10 and 16 be adopted.
Review by City Manager of Consent Items to be clarified.
1. Approval of Minutes of July 5 & 9, 2001.
2. MO 6893 approving Amendment 2 to A2388 with Skywest Airlines for an
additional 1.01 acres located at the Palm Springs International Airport for
aeronautics and aircraft modifications at $1,304 per month.
3. MO 6894 approving purchase order to QWEST Communications to provide a
dedicated data line from the US Customs Office to the US Customs Data Center
in Virginia for$12,500 for Fiscal Year 01-02.
4. MO 6895 approving Amendment 1 to A4372 with Pac West Land Care Inc., for
parks landscape maintenance services and steam cleaning in the downtown
business district for$579,425.
5. MO 6896 approving a contract with Commercial Diversified, Inc., for expansion
joints for bridges located on Sunrise Way across Tahquitz Creek and on Ramon
Road across the Whitewater River for $42,000.36, CP97-20, Bid Schedule B
only. A4387.
6. MO 6897 approving contract with Contreras Construction Co. for the Arenas
Road Improvements, Bid Schedule A, for $309,410, CP01-12, A4388; and Res
20158 amending the budget.
7. MO 6898 approving Change Order 1 to A4368 with E.L. Yeager Construction
Company for Crossley Tract Street and drainage improvements Phase 4, for
$74,300, CP00-31, total contact amount$300,075.
8. MO 6899 approving a reimbursement agreement with Cathedral City for the
Ramon Road Bridge repair; cost of repair $30,000 with 50% reimbursed by
Cathedral City, CP97-20. A4389.
9. MO 6907 approving purchase order with Dell for one computer workstation for
$1,825.
10. See Extended Agenda below.
11. MO 6900 approving purchase order with Canon Business Solutions Inc., for
hardware and software support for the City's records management system for
Fiscal Year 2001-02 for$34,344.
Council Minutes
08-01-01, Page 4
12. Mo 6901 approving purchase order with Canon Business Solutions, Inc., for
equipment, software, training and services for the City's record management
system for $137,587; and MO 6902 approving purchase order with Dell
Computer Corporation for scanning & workstation equipment for $11,719. Total
amount of$149,306.
13. MO 6903 approving purchase order with Motorola Communications and
Electronics Inc., for maintenance support of the Motorola 800 Mhz radio system
for Fiscal Year 2001-02 for$69,048.
14. MO 6904 approving purchase order with Avaya Communications for
maintenance support of two AT & T telephone switches and the Audix voice mail
system for Fiscal Year 2001-02 for$23,354.
15. MO 6905 approving purchase order with High Line Corp., for maintenance
support of the Personality 2000 Human Resources and Payroll Information
Management System for Fiscal year 2001-02 for$15,286.
16. See Extended Agenda below.
17. Res 20140 approving the submission of a grant application to the Integrated
Waste Management Board, Park, Playground Accessibly and Recycling Gant
Program, for new playground equipment at Demuth Park, for$50,000.
18. MO 6906 approving payment to Riverside County Flood Control & Water
Conservation District as the City's share to conduct environmental testing and
evaluation within Eagle Canyon to determine hazardous material and usable
material levels for$10,000.
19. Res 20141 approving Resolution of Intention for the formation of Rule 20-A Utility
Undergrounding District located at Indian Avenue and 1-10; and setting hearing
for September 5, 2001. CP99-19.
20. Res 20142 setting public hearing for the Sale of Property consisting of 7,840
square feet located near Via Olivera and the Whitewater Water Company
easement to Burnett Development Company.
21. Res 20143 and 20144 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Reller-Spurgin 966989 Spurgin Spouse
Council Minutes
08-01-01, Page 5
EXTENDED CONSENT AGENDA:
10. DELL COMPUTER WORKSTATIONS
Councilmember Reller-Spurgin stated at the last council meeting there were
multiple computers requested for purchasing; that the City Manager was
informed that her support would not be given unless the equipment was
absolutely needed; that the matter was withdrawn; that now, two weeks later, two
more issues with computers are before the Council; and that the need has not
been demonstrated and would not be supported.
Minute Order 6908 approving purchase order with Dell for two computer
workstations for $2,805.80 was presented; after which, it was moved by Oden,
seconded by Hodges and carried by the following vote that MO6908 be adopted.
AYES: Members Hodges, Jones, Oden and Mayor Kleindienst
NO: Member Reller-Spurgin
ABSENT: None.
16. 310-316 NORTH PALM CANYON ENCROACHMENT LICENSE-BERNARD
WHITE
Recommendation: That the Council approve an encroachment license with
Bernard White, dba White Brothers Investments Company for the
construction/maintenance of building columns and entry tower within the City's
right-of-way located at 310— 316 North Palm Canyon Drive.
Director of Planning & Building reviewed the staff report and visual site plans
located in the Chamber.
Mayor Kleindienst expressed concern regarding the restrictions of traffic on the
sidewalks and questioned if the encroachment fully met all ADA requirements.
City Engineer stated the project was ADA compliant.
Councilmember Hodges stated, as a previous business owner on the block, the
sidewalk is very narrow and expressed concern about limiting even more of the
access area.
Director of Planning & Building stated that this project had been reviewed by the
City's standard development review process, which included approval by the
Planning Commission.
Mayor stated that the light orange area on the pictures encroached too far into
the sidewalk area and a reduction of that portion should be made.
Resolution 20145 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Oden and carried by the following vote, that R20145
be adopted.
AYES: Members Jones, Oden, Reller-Spurgin and Mayor Kleindienst
NO: Member Hodges
ABSENT: None.
Council Minutes
08-01-01, Page 6
PUBLIC HEARINGS
22. VACATION RIGHT-OF-WAY PRESCOTT DRIVE
Recommendation: That the Council approve vacating a portion of right-of-way
dedicated for the public street named Prescott Drive, Section 10, T4S, R4E, R01-
005.
Director of Public Works & Engineering reviewed the staff report and added that
during the last month Council approved a 21 unit, multiple-family development
called The Hermosa and that as a condition of that approval, Prescott Drive
Right-of-Way Vacation was required.
Mayor declared the hearing open.
Marlene Eveland, 197 W. Via Lola, representing 50 residents around the Prescott
Drive neighborhood voiced opposition to the item.
Thomas Taylor, 197 W. Via Lola, stated opposition to the project.
Andrew Green, representing Church of St. Paul in the Desert, urged support of
the project.
James Cioffi, project architect, recommended approval of the project; and added
that the project does have underground parking; that surrounding neighbors will
not lose any vistas; that the project is well designed; that the project will have
little traffic impact; and that the project is for luxury condominiums.
Marvin Roos, Mainiero, Smith & Associates, concurred with Mr. Cioffi and added
that the item has already been approved by the Planning Commission and that
this matter is for the vacation of the street.
There being no further appearances, the hearing was closed.
Councilmember Oden questioned possible impact on residents located on Via
Loma.
Planning Manager stated that meetings were held with neighboring property
owners; that the concern is vehicles accessing and departing the parking area
near the neighboring residences; that there are proposed carports and residents
have expressed concern regarding possible blockage of the vista.
Councilmember Hodges questioned the Notice of Vacation.
City Engineer stated the notification was given in accordance with the Street and
Highway Code and that the Notice was posted on Prescott Drive in three
locations on July 16.
Councilmember Hodges questioned if homeowners within 400 feet were
individually notified.
Council Minutes
08-01-01, Page 7
Planning Manager stated that the previous request for planned development
approved last month, did require 400-foot notification and was done; that a
vacation of right-of-way does not have the same type of requirements; but that
the legalities of the vacation were complied with.
Councilmember Hodges stated when the Planned Development District was
before the Council it was stated the neighbors supported the project.
Mayor clarified that it was the neighbor to the west that was of concern, and that
after negotiations the project was supported.
Planning Manager stated that prior to Planning Commission, meetings were held
with representatives of Las Palmas neighborhood and that the attendance was
approximately 5 people.
Mayor stated that whether the street is vacated or not, the same amount of traffic
is generated; that with the construction of a parking structure, less uncontrolled
parking will occur; and that this project does enhance the.
Councilmember Oden concurred with the Mayor and added that the area does
have some historic value, which is of some concern to the Community.
Resolution 20146 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried, that R20146 be
adopted.
24. CASE 5.0883 — CUP LAKSHMAN & WICKREMESINGHE
Recommendation: That the Council approve a Conditional Use Permit, with
conditions, for a private Montessori school for childhood education on a 0.53-
acre parcel located at 1800 Vista Chino.(northeast corner of Vista Chino and Via
Negocia), P zone, Section 1.
Planning Manager reviewed the staff report and added that the school is targeted
to open on September 4, 2001.
Mayor declared the hearing open; there being no appearances, the hearing was
closed.
Resolution 20147 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried that R20147 be
adopted.
25. CASE 5.0877— CUP VERIZON WIRELESS
Recommendation: That the Council approve a Conditional Use Permit, with
conditions, for the installation of a commercial communications antenna on a 60
foot monopole and associated 230 square foot equipment building located within
a 812 square foot leased area adjacent to 1555 South Palm Canyon Drive (Plaza
Del Sol)zone PD131, I.L., Section 22.
Councilmember Oden stated Conflict of Interest and exited the meeting at this
point.
Council Minutes
08-01-01, Page 8
Planning Manager reviewed the staff report, no further report was given.
Mayor declared the hearing open.
John Wessman: 1555 S. Palm Canyon Drive, requested approval of the item.
Resolution 20148 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Hodges, and carried by the following vote, that
R20148 be adopted.
AYES: Members Hodges, Jones, Reller-Spurgin and Mayor Kleindienst
NO: None
ABSENT: None
ABSTAIN: Member Oden.
26. CASE 5.0868 — CUP SPRINT PCS
Recommendation: That the Council approve a Conditional Use Permit, with
conditions, for the installation of a commercial communications antenna on a 73
foot monopole and seven equipment cabinets within a 728 square foot leased
area adjacent to 1555 South Palm Canyon Drive (Plaza Del Sol) zone PD131,
I.L., Section 22.
Mr. Oden stated Conflict of Interest.
Planning Manager reviewed the staff report, no further report was given.
Mayor declared the hearing open; there being no appearances, the hearing was
closed.
Resolution 20149 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Hodges, and carried by the following vote, that
R20149 be adopted.
AYES: Members Hodges, Jones, Reller-Spurgin and Mayor Kleindienst
NO: None
ABSENT: None
ABSTAIN: Member Oden.
Councilmember Oden returned to the meeting at this time.
23. CASE 5.0874E - 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.
Council Minutes
08-01-01, Page 9
Director of Planning & Building reviewed the staff report and added that there are
two separate items for consideration and requested that the portion concerning
the energy plant design, operation and how it would fit in the Community be
continued to September 5, 2001.
City Manager stated that there are some additional Community benefits to the
City; that the project will produce property tax revenue at the end of a period of
two years; that the tax would be approximately $943,000 per year; that the plant
will be required to buy approximately $25 to $30 million in air emission credits;
that the public arts fee would be approximately $250,000 for a one-time fee; that
sales tax will also be generated; that the initial construction will result in
construction jobs at approximately 440 professional jobs, permanent jobs will be
approximately 30 full-time professional and technical personnel, with an annual
payroll of about $2 million dollars to the region; that the Ocotillo plant will offer,
when available, accessibility long-term contracts; that a commitment to
approximately $5 million dollars in PM10 mitigation has been made; that a one-
time $1 million dollar contribution to the City to be used to enhance the
environment, assist youth, provide elderly care or promote economic
development has been made; that the agreement includes further contributions
of $100,000 annually thereafter to be used in the same sort of categories and
that the annual amount is adjusted to actual year's dollars; and agreement has
been reached to cooperate with the city to the extent possible to allow us to
potentially purchase natural gas at the same rate as the plant.
Norm Strashire, no address given, stated that the City Manager did review the
letter proposal to direct negotiations for terms and conditions of a final
agreement.
Councilmember Hodges questioned what was nitrogen oxide and the effect.
Director of Planning & Building stated it is a chemical component.
Mayor requested the air quality expert define the chemical effect and questioned
the PM10 comparison on the peaker versus the Ocotillo, the sulfur content based
on PUC General Order 588; that the issue is air quality and the impact that will
be made
Councilmember Jones requested the data be given in laymen's terms.
Robert Wren, stated that the project has been considered for some time; that the
company is world known as leaders in generation projects; that the plant concept
has been accepted by the CEC for a 4-month expedited process; that production
is expected by late 2002; that there are many project pending at the CEC; that
any obstacles in the process will cause the approval to derail; that it is the zoning
that is before the Council for consideration at this meeting and requested
approval; that in laymen's numbers on air emission the Plan is in the 0.7% of the
existing emissions for Knox; that is less than 1%; that in RPM10, the plant will
put out .04% that would exist in the valley today on an average day that these
are very low numbers; that it is not a significant source of air pollution, and
anything that is put out will be mitigated.
Council Minutes
08-01-01, Page 10
Mike Carroll, Layman Watkins law firm representing the Ocotillo Energy Project,
stated that Knox is a precursor to smog; that when Knox is in the atmosphere it
can enter into chemical reactions in the presence of sunlight and it does form
smog; that it does not cause cancer; that it is not an air toxic; but that at certain
high concentrations it can be unhealthful and therefore the EPA and the State of
California have both set Ambient Air Quality Standards which are the levels
which should not be exceeded in order to protect public health; that the project
does not exceed any of the Ambient Air Quality standards for Knox emissions;
that there are other standards such as the South Coast AQMD thresholds that if
the thresholds are exceeded the project is deemed to potentially have significant
impact and must be mitigated; that the project did exceed the standards for two
pollutants; that mitigation measures have been set in place; that the result is .
around $25 to $30 million dollars worth of emission offsets as mitigation; with
respect to the sulfur content, the assumed sulfur content in all the modeling and
all the emissions analysis that was done is .25 grains per 100 standard cubic
feet; that the sulfur content is actually going to be considerably lower than that,
but to be conservative, in the analysis that was done for the California Energy
Commission, the figure used was .25 grains; that PM10 emission will be lower;
that it is not clear what the exact percentage will be, but that the reduction is
evident due to the increase in the fuel efficiency of the power plant.
Tom Dosey, Landscape Architect, stated that there are a variety of erosion
control measures that would include stabilization of cut and fill slopes as well as
a re-naturalization of the actual graded area; that a number of landscaped zones
have been designated; that one goal is to develop a functional and sustainable
landscape under the conditions that exist out at the desert location; that another
is to develop a streetscape that would provide some type of screening from
automobiles as the street begins to develop and continue the balance with the
hillside development; that the plant pallet will contain plants that are suitable for
the area under the conditions of both low water use and that would withstand the
wind conditions that would be prevalent on the site.
Steven Bayrd, Mission Creek area, recommended approval of the project, but
requested some type of lighting around the plant be addressed.
Sherry Joseph, no address given, expressed opposition to the project and added
that the regional haze and air pollution would be high; that Parks Services,
representing Joshua Tree National Monument are against the project; that
residents will be affected; that the tourism base will erode and recommended
relocation of the plant at the very eastern end of the valley where the wind will
blow the pollutants into the desert.
Doug Gilbreath, expressed opposition to the project and requested a summary
on how much CO2, carbon monoxide, ozone, particulate matter and sulfur oxide
would be generated in the valley.
Dr. Peterson expressed opposition to the project and added that natural gas is a
contaminate.
Barbara Grumbine, 61895 Smoke tree Road, expressed opposition to the project.
Fred Nobel, 125 E. Tahquitz Canyon, requested support of the zoning change.
Council Minutes
08-01-01, Page 11
There being no further appearances, the hearing was closed.
Councilmember Hodges questioned if the plant would produce an odor.
Director of Planning & Building stated that none of the reports indicated that the
plant would emit any odors.
Councilmember Hodges questioned if the landscaping would help with air quality
issues.
Director of Planning & Building stated that the landscape would assist with PM10
issues; that a tree-planting program could be implemented to try and offset some
of the components that are released into the air, but that the size of the program
would be quite large and not typical of these types of projects.
Councilmember Hodges questioned if the agreement could specify what cities to
apply the PM10 mitigations to; and added that constructing paved roads through
the area will also mitigate some PM10 issues; and if it would be possible for the
project to purchase the homes of those that felt the plant was offensive.
City Attorney stated that there is no clause in the agreement addressing hardship
home purchases.
Councilmember Hodges stated that if the clause could be added to the
agreement it could benefit some homeowners; that the situation may not occur at
all and that the topic should be brought forward to determine if they would be
willing to buy those properties if needed,
Councilmember Oden stated that it should be determined if any offers have been
made on any of the properties at this point.
City Attorney stated that the negotiations have been based on issues such as
impacts and mitigation; that if there are further concerns, instruction and direction
is needed; that factual questions should be put to the applicant.
Mayor requested the applicant to address forthcoming questions of the Council
Councilmember Oden questioned the issue of contaminated natural gas.
Mr. Whren stated that the same information was received just prior to the start of
the meeting; that the brochure outlines the types of contaminates that are in the
gas supply system from various sources; that the limited information makes it
difficult to determine the level of health hazard, if any; that thus far there has
been no supporting data that indicates that the release of those compounds as a
result of burning the natural gas constitutes a health hazard in this particular
area; and that further study would be needed to make a determination; that a
determining factor in the placement of the plant was the availability of
transmissions lines; that this project is next to a deal substation; that it does have
the ability to accept the production of energy and transmit it to the grid system;
that natural gas is readily available; and that there are two established shipping
lines for the gas through the area.
Council Minutes
08-01-01, Page 12
Councilmember Oden questioned possible impact due to the location of the San
Andreas Fault line.
Mr. Whren stated that there is a significant pipeline that goes from the proposed
location of the plant to the high desert that does cross the San Andreas fault
system, located at both the southern leg and the northern leg; that the lines are
compartmentalized; that if there is a rupture in one location it shuts down and
isolates; that the plant facility is designed in the same way; that should the area
between the components separate there would be some release of natural gas;
that the natural gas supply for this plant is south of the Banning fault; that the
plant is south of the Banning fault resulting in not taking the gas across the San
Andreas fault; that being said, the electrical utility connect and overhead wires do
cross the fault system; that the fault is very close to the facility; that it runs
between the facility and the dealer substation; that the facility will have to meet all
of the current earthquake standards, including all of the fire prevention and all the
other backup systems to make sure that there would not be a significant release
or problem.
Councilmember Oden questioned what impact the plant could have on the
Valley's air quality and in terms of the water table.
Mr. Whren stated that without the offsets to reduce emissions elsewhere the
pollutants that come through the pass due to the emission of Los Angeles would
be added to; that in concept, the AQMD program for mitigation requires the
developer to purchase credits for actual pollution in other locations so that the net
increase in the South Coast Air Quality Management District area when this
facility goes online is none and in fact, for some of the pollutants under certain
programs there would be a reduction in pollutant levels; that this does not mean
that all the credits would be purchased immediately upwind of Palm Springs; and
that efforts have been made through the community benefit outline to try to bring
as many of those credits to the Valley; that the water basin for the project is from
Missions Springs Water District; that there will be some depletion of the ground
water reserves; that specific information on the amount of depletion has been
determined; that the plan is on Phase I to use well water for the facility; and that
Phase 11 Mission Springs Water District would participate in bringing in treated
waste water, such as is done at the golf courses in the City of Palm Springs.
Councilmember Oden questioned impacts of increased energy efficiency.
Mr. Whren stated that three turbines go in Phase I and are a single cycle; that in
theory, they run at their permitted level and generate 454 megawatts of energy
that in Phase 11, with the addition of the steam-driven facility the heat from Phase
I, creates the steam at the same rate of need of natural gas the increase of rate
output is from 454 to 900 megawatts; that results in efficiency; that is the portion
of the project alluded to as co-generation; that another benefit of Phase II is the
cooled exhaust that comes out of the facility; that better control technology for air
pollution is used and the air pollution comes down rather significantly; that one of
the concerns regarding Phase I is from the National Park Service because of
that hot exhaust, but in Phase II the exhaust is cooler and additional technology
comes into play that reduces air pollution.
Council Minutes
08-01-01, Page 13
Mayor clarified that Phase II does not actually cool as much as draw the heat off
the system.
Councilmember Reller-Spurgin questioned the affect on humidity; that 28 years
ago the desert was much dryer; that it is of concern; and what would the
production rate of electricity be on a hot day.
Mr. Whren stated that the energy output would change to less.
Councilmember Reller-Spurgin questioned the effect of lighting of the plant on
night skies.
Director of Planning & Building stated that the Planning Commission was
concerned with protection of the dark skies; and that it was determined the
project could be designed in a way to be non-offensive.
Councilmember Reller-Spurgin stated the greatest benefit to this community
would be if the energy it produced was able to come directly to the City of Palm
Springs.
Councilmember Jones stated that the letter of community benefits was not a
legal document that's been negotiated or that would be enforceable.
City Attorney stated that at this time it is an offer; that it is evidently intended to
be something that can be accepted by the City; that it is best to have a legal
mechanism such as a development agreement; that a development agreement is
recognized by state law as a land use agreement; that it is binding, it binds future
councils and it can reflect economic turns; that it is fairly broad as to what those
economic terms can be; that one of the issues is that the letter relates to the
mitigation of the plant; that, and actually a number of those things could also be
included as comments on the state application process and in the state license.
Councilmember Oden questioned if the State could override the City's decision;
and added that if the project is going to be approved anyway, the Council should
seek all the benefits for the Community it can negotiate.
Councilmember Jones stated that the interest of the citizens needs
representation and that the Council should not make a decision in haste.
Director of Planning & Building stated that the project is on a 4-month fast track;
that if all necessary regulations are not in place during that period, the project
falls to a one year process; that the immediacy is based on the applicants intent
to allocate turbines to this project from another slated project in another State;
and that due to the investment cost of the equipment, the project that is closest to
fruition will get the equipment.
City Manager stated that the statement was made that if the applicant did not get
the required approval this evening, that as an economic, internal and corporate
decision, the project would go elsewhere.
Director of Planning & Building stated that the State is scheduled to review the
project with all related comments the first week of September.
Council Minutes
08-01-01, Page 14
Mayor stated that this project is regulated not only at the local level, but at the
State level as well; that the issue is of concern due to the energy crisis; that the
CEC approved a process that established a 45-day deadline for preliminary
comments and a 100-day deadline for final comments; that it is confusing based
on that why a decision must be made tonight; that this is the first review by the
Council; that there have been no discussions about any aspects of this project
that would make the Council aware of what was coming up tonight and that is
seemingly unfortunate; that it is premature to discuss the matter with any level of
technicality; that there are questions, such as where is the opportunity for the
City to gain direct long term benefit for the reduction of the cost of electricity; that
the City presently has co-generation plants; that a major factor with economic
development is trying to get a lower cost of power; that there is nothing in the
reports that guarantees that aspect or directs the Council to believe it can be
obtained; that the question of impact of air quality is of issue; that the standard
for the Community is clean air; that to change to a lower level of air quality may
also impact the tourist economic base; that a report is needed from an
independent air quality professional; that the City has already approved a Peaker
Plant in the area; that the approval process was expeditious; that the reports in
the packet state an allocation of$5 million for PM10 mitigation; that the question
is does the mitigation effort go within the City limits or outside; that regarding
pollution and emission, everyone, everyday pollutes; that it is projected that this
plant will replace 30-year old polluting plants with new, less polluting technology;
that the life expectancy of this plant is 50 to 70 years; that the impact on using
this plant that long is not given for future generations; that the intent is to have all
the emission reduction credits to be utilized inside the air district where the plant
is located; that in theory, if the old plants are replaced with this plant less
pollution will blow through the pass; but that there is no insurance that the old
plant will shut down; that the State is in an energy crunch; that no plants are
going off line; that the City is already out of PM10 conformity; that there are noise
concerns for the surrounding residences; that there is no sound mitigation
program proposed; that the plant can not be landscaped out of sight; that it will
be seen as it is; that there is interest in pursuing the idea, but that there are many
unanswered questions at this point and time; that the revenue stream needs to
be guaranteed; that guarantees need to be made concerning the benefits to the
Community; and that a clear package needs to be delivered before the Council
can take action.
Councilmember Oden stated that there are some concerns; that the project is
being fastracked due to the emergency situation; that this is a different path than
the City would normally take; that the Council has been told this is the best
technology in terms of energy producers and in terms of clean energy; and that
there is no reason for doubt.
Director of Planning & Building stated that in review of all reports submitted, the
plant proposed is at the height of available technology.
Councilmember Oden stated technology is constantly evolving; that right now the
City does have the opportunity to assist the State and receive benefits from the
project; and that the project will expand the City's tax base.
Council Minutes
08-01-01, Page 15
Mayor stated that based on the applicant's estimates the proposed project would
generate maximum daily emissions; that, in fact, the project will emit more than is
allowed, thus the buying of credits; that one question is are the offsets bought
each year or just one time and the pollution continues on year after year.
Councilmember Hodges stated there is no plant that will produce energy that will
be satisfactory for everyone; that this project does have the latest technology;
that it is a one time mitigation fee; that there will be emissions; that there are
items that need to be negotiated; that the benefits do need to be further defined
and refined; that to wait to September 5 is not needed; that all information is
before the Council; that there will not be new information and that action should
be taken at this meeting.
Mayor stated the attached report stated that the project is a major stationary
source with the air-quality impacts significant; that additionally, there are
accumulative air-quality impacts of all plants proposed within the Coachella
Valley that would be significant.
Director of Planning & Building stated that last week the CEC staff withdrew that
report; that the recommendation to the CEC was changed; that the CEC did
accept the new recommendations; that the CEC does not now consider the new
project as a significant stationary source; and that the CEC revised report is in
the stack of materials before the Council.
Councilmember Reller-Spurgin stated that the City is in a deficit situation; that it
is tempting to ignore the reports and look at the benefits; that the Council is
business minded; that it does try to do what is right for the City; that there is
concern on the long term effect of the pollution; that the electricity is needed, the
money is needed, but that the reports make one feel uncomfortable with the long
term impacts on the air quality.
Councilmember Hodges stated that if something is not done about the energy
crisis, the bottom line is that the power needed to run air conditioners in the
summer in this valley will not exist; that if we do not start addressing the issue we
will continue to see businesses close as they have this past summer; that the
City needs to step up to the plate; that the project is not perfect; that if the
Council does not act, it will not make a difference if TOT is raised, there won't be
any tourists to generate it; that right now there is terrible air quality coming
through the pass; that some of the offsets will help improve it; and that the
Council needs to step forward and take action.
Motion by Councilmember Jones that a negotiating team be put together to pull a
benefits package together for the City and the matter be continued to September
5 for further action.
Councilmember Oden stated there is no second.
Motion to introduce the Ordinance, waive the text for first reading and adopt the
Resolution as recommended was presented; after which, it was moved by Oden,
and seconded by Hodges.
Council Minutes
08-01-01, Page 16
City Manager stated that it has been noted that the State may reactivate the
direct access issue within a few years.
Mayor stated there is a motion on the floor and questioned the outcome if the
motion failed.
City Attorney stated if the motion is defeated the issue is still on the floor for
some other motion to be made; and questioned the intent of the maker of the
motion regarding the August 1 letter proposal.
Councilmember Oden stated the proposal is an offer.
City Attorney stated for clarification the motion is to introduce the Ordinance,
approve the Resolution and when the project comes back for approval, the letter
proposal would be refined.
Councilmember Oden concurred.
Councilmember Jones questioned who would be on the negotiating team.
City Manager recommended the City Attorney, City Manager, Assistant City
Manager and a consultant with specialized knowledge in this field.
Assistant 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 CONDITIONAL
USE PERMIT IN THE E1 ENERGY INDUSTRIAL ZONE.
AYES: Councilmembers Hodges and Oden
NO: Councilmember Jones, Reller-Spurgin and Mayor Kleindienst.
ABSENT: None
Motion to continue the matter to September 5, 2001 was presented; after which,
it was moved by Jones, seconded by Reller-Spurgin and carried by the following
vote, that the matter be continued.
AYES: Councilmembers Jones, Reller-Spurgin, and Mayor Kleindienst
NO: Councilmember Hodges and Oden
ABSENT: None
Council Minutes
08-01-01, Page 17
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None
27. TAHQUITZ CREEK GOLF RESORT
Recommendation: That the Council approve Amendment 1 to A3468 with Arnold
Palmer Golf Management Company regarding the lease for the Legend Course;
and approve a management agreement for the Resort Course. A4390.
Director of Parks, Recreation and Facilities reviewed the staff report, no further
report was given.
Minute Order 6909 approving Amendment 1 to A3468 and Minute Order 6910
approving A4390 were presented; after which, it was moved by Reller-Spurgin,
seconded by Jones, and carried by the following vote that MO6909 and 6910 be
adopted.
AYES: Members Jones, Oden, Reller-Spurgin and Mayor Kleindienst
NO: Member Hodges
ABSENT: None.
28. PALM SPRINGS AIDS ASSISTANCE PROGRAM
Recommendation: That the Council waive rental fees for use of Pavilion on
August 25, 2001 and January 20, 2002 for$770.00.
Director of Parks, Recreation and Facilities reviewed the staff report, no further
report was given.
Councilmember Reller-Spurgin questioned whether the program for exemption
requests was developed.
Assistant City Manager-Administration stated the draft policy is in the final
revision stages; and not yet ready for approval.
City Attorney stated that the policy will clarify the different types of events, how
they are organized and suggest categories for each; that once the policy has
been approved all requests will be evaluated on a consistent basis.
Councilmember Oden recommended the approval based on community service
rendered by the organization.
Minute Order 6911 as recommended was presented; after which, it was moved
by Hodges, seconded by Jones and unanimously carried, that MO6911 be
adopted.
Council Minutes
08-01-01, Page 18
29. COMPREHENSIVE FEE SCHEDULE AMENDMENT
Recommendation: That the Council amend the Comprehensive Fee Schedule,
as amended, to increase Fire Department fees for safety training and
inspections.
City Manager reviewed the staff report, no further report was given.
Resolution 20150 as recommended was presented; after which, it was moved by
Jones, seconded by Reller-Spurgin, and unanimously carried, that R20150 be
adopted.
30. TOUR de PALM SPRINGS
Recommendation: That the Council waive the facility rental fee of $500.00 for
use of decommissioned Taxiway A for charitable event parking on February 2,
2002.
City Manager reviewed the staff report, no further report was given.
Minute Order 6912 as recommended was presented; after which, it was moved
by Hodges, seconded by Oden and unanimously carried, that MO6912 be
adopted.
31. RESOLUTION OF CONVENIENCE & NECESSITY
Recommendation: That the Council approve a Resolution of Convenience and
Necessity at a nightclub located at 611 South Palm Canyon Drive (Sun Center).
Director of Planning & Building reviewed the staff report, no further report was
given.
Councilmember Reller-Spurgin stated that for clarification to the business owner
support would not be given to the item due to being opposed to approving letters
of convenience of necessity to buy alcohol.
Resolution 20151 as recommended was presented; after which, it was moved by
Oden, seconded by Hodges and carried by the following vote that R20151 be
adopted.
AYES: Members Hodges, Jones and Oden
NO: Members Reller-Spurgin and Mayor Kleindienst
ABSENT: None.
32. NOVEMBER 2001 BALLOT MEASURES
Recommendation: That the Council consider possible Advisory Measure
concerning the Convention Center refinancing; a Measure concerning an
amendment to the Transient Occupancy rate and a Charter Amendment
concerning the commencement of terms of office for Members of the City Council
for placement on the November 6, 2001 General Municipal Election; and related
election resolutions thereto.
Council Minutes
08-01-01, Page 19
City Manager stated that this discussion is regarding the possibility of three ballot
measures; that one measure addresses the need of parking downtown; that the
refinancing of the Convention Center bonds has caused some discord with the
Members; that by placing the matter on the ballot, the Council can gain the
advice of the electorate; and that the City Attorney may have additional
comments.
City Attorney stated that through discussion, the issue is focused on downtown
parking and how to obtain funding; that proposed language for the measure is
"shall city use the moneys made available because of the 2001 Convention
Center refinancing to issue debt to finance downtown parking?" and that it would
be a simple question, yes or no.
City Manager stated that there had been some discussion of what exactly this
parking could be; that the "parking think tank" did conclude to authorize an
architect to come up with renderings on what the structure would look like; that
this is a viable project; and that it would be a public/private partnership.
Director of Downtown Development stated that the project not only deals with a
parking structure, but improvement of Arenas, Indian Canyon and Baristo Road
to create more surface parking as well; that the net gain is 343 spaces on this
one block, 511 total spaces on the block and 388 in the parking structure itself;
that meetings have been held with the property owners; that this project is
smaller than the original project; that the location is south of the Fisherman's
Market Place; that it will not require the relocation of that business; that work with
the property owners for a service drive which would be a public right of way has
been addressed; that meetings between the businesses, property owners and
the City has resulted in a viable way to share a $6 million project cost.; that cost
estimates have been done by Walker Parking Engineers; that the first reports are
in from Dosier Appraisal; that it has been determined that with a $6 million project
the property acquisition under current fair market values is about $1.5 million,
which represents 25% of the project budget; that discussions with the property
owners resulted in the property owners in exchange for dedicated parking in the
structure essentially dedicating the land to the project; that the final result is
approximately the city's share at $900,000 in the streetscape improvements
around the parking structure in the public right of way, landscaping, lighting,
beautifying the street and so on; that the City then would participate in the
parking structure itself, which is a total of $3.6 million; that the city's share would
be $2.1 million; that the private side would be $1.5 million; that the final result is
the private side is $3 million, the City side is $3 million; that the way that is
figured is the top 125 spaces, the least desirable 125 spaces, would be reserved
for employees; that the property owners would actually buy into that with their
employees share in an employee parking program; that is 125 spaces valued at
$12,000 a space, equaling $1.5 million; that two property owners did discuss this
matter and verbal commitments for 85 spaces have already been made; that the
building is 25 feet tall, which is equal to a 2-story building; that the Zoning
Ordinance does have a 35-foot height limit; that this structure is 10 feet below the
height limit for this area; that the structure would be fronted with store front
display windows, which could be used for the benefit of the Desert Museum, the
Convention Center, the telling the history of Palm Springs, the events that are
going on at the ground floor and would provide some signage opportunities for
businesses on Palm Canyon; that the Fisherman's Market Place and the parking
Council Minutes
08-01-01, Page 20
lot that is currently there would stay; that the Saloon would be relocated; and that
the existing building would be demolished
Councilmember Hodges questioned why adding the measure calls for a special
municipal election to be consolidated; and that there is concern that sometimes
special elections require a different vote such as 2/3's rather than a majority.
City Attorney stated that the wording would be reviewed with the City Clerk to
verify the appropriate language.
Resolution 20152 as recommended was presented; after which, it was moved by
Jones, seconded by Reller-Spurgin and unanimously carried that R20152 be
adopted.
City Manager stated that the hoteliers had requested the issue of raising TOT,
Transient Occupancy Tax, be considered at the next election; that the request is
to raise the TOT from 10.8 for large hotels to 12.5% and from 10% for small
hotels to 11.5%; that it would result in raising an additional $1.8 million; that the
funds would go to the General Fund to be used for general purposes of the city;
that means that the funds are not committed to a specific purpose; and
recommended approval.
City Attorney stated that the language has been revised to comply with
Proposition 218; that the Ordinance would be amended, upon approval of the
voter; that the intent of the funds is to go towards the expansion of the
Convention Center, but that there is no restriction on the funding increase.
Mayor recommended that the structure of TOT increase be based on the size of
the hotel, such as under 10 rooms would be 10%, those that are 50 or more
could be at 10.7 and so forth; that comments have been made that the hotels
under the 100 room level be broken down incrementally; and that the measure
should include the flexibility to do so.
City Attorney stated that if flexibility were the intent, it would need to be included
in the impartial City Attorney analysis.
Mayor directed the City Attorney to proceed with the analysis to include flexibility
on behalf of the rate structure.
Councilmember Reller-Spurgin stated that this measure has been put forth by the
Hotel Association due to its perception of need of expanding the Convention
Center; and that it should be clear that this was suggested by the Association,
and not the City or the Convention Center.
Councilmember Oden concurred with Councilmember Reller-Spurgin and added
that it is even broader than the Hotel Association; that Tourism and the Chamber
are also expressing the need for the Convention Center expansion.
Councilmember Jones stated that while not in favor of expanding the Convention
Center without an independent feasibility study, the matter would need to come
back to the Council to vote again for the refinancing of the bonds.
Council Minutes
08-01-01, Page 21
City Attorney stated that the Hotel Association has made it clear that it is not in
favor of an increase in the TOT unless the Convention Center project moves
forward; that the measure does need to go before the voters for authorization;
that there have been no conceptual plans drawn regarding the expansion, but
with voter approval the legal authority for the financing is in place; that the
thought is that if approved, a refinancing package for the expansion could be put
in place; that then this authority could be utilized to increase the tax to pay for the
expansion and that is why this is a two-step process instead of a one-step
process.
Councilmember Jones stated that previously it had been suggested to raise the
development tax on a shared basis; that the increase was to be divided between
the General Fund and tourism; that concerns were addressed to the hoteliers
and they do understand his position on the matter.
Mayor question how much of the impartial analysis or argument in favor of the
increase could be citing using the funds for the expansion of the Convention
Center.
City Attorney stated that the reference would not be in the impartial analysis, nor
should be in the argument.
Mayor questioned if there is no ability to state what the funds are intended for
how can the public be reassured that the funds are for the expansion and not for
general fund uses and that there is a concern for a clear message to the voters.
City Attorney clarified that a special tax for a specific purpose does require a
2/3's vote and for that reason this increase will be going to the General Fund
requiring a majority vote.
Mayor stated that the difference on the vote requirement is clear, but that does
not clear up how the voter can be convinced that the funding is needed for the
expansion of the Convention Center.
Councilmember Oden stated that Tourism and the Hospitality Industry would
communicate the message.
Mayor stated that the Convention Center is the focus of the measure; that it is not
referenced in any document or vote; that there is no way to inform the public that
the Council stands behind the expansion and questioned, if asked, how would
one respond.
City Attorney stated one could state their opinion of what the priority should be;
that legally something can not be represented to the public that is not absolutely
correct; that this is an issue of good faith between the Hospitality Industry and the
Council, but that from a legal standpoint, it is not a legal commitment.
Councilmember Hodges stated that an analysis must be done on the
Convention Center to determine the feasibility; that the expansion may not
happen based on the analysis; that even with the voters approving the increase,
the Council does not have to implement it; and that it is the option of the
increase that is needed at this time.
Council Minutes
08-01-01, Page 22
Councilmember Jones questioned if membership in the Hotel Association would
prevent voting due to Conflict of Interest.
City Attorney questioned if there was any monetary benefit received or if an
Office was held, and determined no conflict existed.
Resolution 20154 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Oden, and unanimously carried, that R20154 be
adopted.
City Manager reviewed the staff report.
Councilmember Oden stated that, in his opinion, the action was unnecessary, but
that support would be given due to the support of the majority of the Council.
Resolution 20156 as recommended was presented; after which, it was moved by
Hodges, seconded by Oden and unanimously carried, that R20156 be adopted.
City Attorney stated that with respect to all three items approved, there does
need clarification for arguments; that the Council does have the opportunity to file
arguments as the first priority and that if that is desired, the resolutions
designating the authors need to be set in place.
Councilmember Jones questioned if the action needed to be taken immediately.
City Attorney stated this would be the opportune time, or an adjourned meeting
could be called; that after the arguments are written any of the designated
authors could refuse to sign.
Resolutions 20153, 20155 and 20157 were presented; after which, it was moved
by Oden, seconded by Hodges, and unanimously carried, that R20153, 20155
and 20157 be adopted.
33. ADDITIONAL LEGISLATIVE ITEMS: None
ADDED STARTERS: None
Council Minutes
08-01-01, Page 23
REPORTS & REQUESTS: None
DEPARTMENTAL REPORTS OR REQUESTS:
34. TREASURER'S INVESTMENT REPORT OF JUNE 30, 2001 received and filed.
CITY COUNCIL REPORTS OR REQUESTS: None
PUBLIC REPORTS OR REQUESTS: None
STAFF REPORTS OR REQUESTS: None
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk
BARBARA J. WHITE
Assistant City Clerk
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
DECEMBER 4, 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 Tuesday, December 4, 2001, at 12:00 (Noon).
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 November 30, 2001.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business
PUBLIC COMMENTS:
The following persons complimented outgoing Councilmember Hodges for past
achievements and congratulated incoming Councilmembers Oden and Mills.
Stanley Barnes, no address given
Mathew Tahlala, Palm Springs 15`
Denise Goolsby, PS Hotel and Hospitality Association
Gann Carter, Hodges Campaign Manager
Linda Fort, Tourism Board
Denys Acuri, Supervisor Roy Wilson's Office
Don Williams, Palm Springs
Joy Meredith, PS Main Street
PRESENTATION BY MAYOR ON BEHALF OF THE CITY
Mayor read Proclamation and presented a gift on behalf of the City.
LEGISLATIVE ACTION:
1. 2001 GENERAL MUNICIPAL ELECTION - RESULTS
Recommendation: That the Council declare the results of the November 6, 2001,
General Municipal Election.
City Clerk reviewed the proposed Resolution.
Resolution 20224 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Jones, and unanimously carried, that R20224 be
adopted.
Council Minutes
12-04-01, Page 2
2. 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.
3. COMMENTS BY OUTGOING COUNCILMEMBER
Councilmember Hodges stated that the past 11 plus years have been of great
reward to serve the City; that the job is not yet done; that there are many goals
the City has yet to reach; that appreciation is extended to members of the
campaign committee; that congratulations are given to the winners of the
election; and that the people of the City should remain involved, concerned and
active in the Community.
Councilmember Reller-Spurgin stated that Councilmember Hodges is an
example of humility.
Councilmember Oden stated that the Community has benefited by
Councilmember Hodges and what she has done for the Community.
Councilmember Jones concurred with previous comments.
Mayor stated that Councilmember Hodges had done an honorable job; that the
leaving of the seat is with love, integrity, honor and tenacity; that she is an
example of a classic; that the Councilmember had worked on many projects in
the City; that much had been accomplished under her watch; and that a better
path has been defined for the City due to Councilmember Hodges efforts.
4. SWEAR-IN NEWLY ELECTED COUNCILMEMBERS
a) Christopher Mills
b) Ronald Oden
City Clerk administered the Oath of Office to incoming elected.
5. COMMENTS BY NEWLY ELECTED COUNCILMEMBERS
Councilmember Mills expressed appreciation to Ms. Hodges for past time and
effort given on behalf of the Community; that appreciation is extended to the
campaign committee, family and wife for all the work done on the election; that
as part of the team on Council, he is anxious to lead the City into the future; and
that it is recognized that one is elected to represent the people, not judge them.
Council Minutes
12-04-01, Page 3
Councilmember Oden stated that congratulations is extended to Councilmember
Mills; that in fact Councilmember Mills did serve as his own co-chair at a previous
election; that there have been some articles in the Desert Sun regarding
Councilmember Mills; that the Community needs to give a chance to a person
before prejudging them; that appreciation is extended to his own parents,
campaign committee and extended family at Desert Career College; that the
various endorsements were appreciated; and thanked the voters for the
confidence in his work.
ADDITIONAL LEGISLATIVE ITEMS: None.
ADDED STARTERS: None.
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
Councilmember Jones stated that he would be resigning as a Member of the City
Council effective December 12, 2001; that there are health problems that impair his
ability to function fully; that a recent stroke affected his hearing and that the loss of
hearing impacts his effectiveness; that the decision was difficult to make; but that the
situation with the hearing will make it impossible to give to the Community what is
needed.
Councilmember Oden requested the matter be added to the December 5, 2001 agenda
for discussion.
PUBLIC reports or requests: None
STAFF reports or requests: None
City Manager stated that on behalf of staff, appreciation is extended to Ms. Hodges.
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
DECEMBER 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, December 12, 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 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 December 7, 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:
The following persons spoke in favor of a Council appointment to fill an unexpired term
for a Member of the City Council, term ending November 2003.
Jim Stuart, Palm Springs 1s`
Thomas Van Etten, 1379 Barrymore
Lloyd Maryanov, 2060 LaMerced
Rick Combs, 1245 Colony Way
Gann Carter 2076 Sandalwood Drive
Sol Sanfield, 210 Coyote Drive
Ginny Foat, 1901 N. Nogales
Bill Feingold, 393 S. Calle Jasmin
Randolph Scott, 181 Paseo Florida
Joseph Schreck Fr., 3395 Camino Rojos
Minna Maryanov, 2060 LaMerced
Frank Wenxel, 775 E. Mel Avenue
Pat Atkinson, 365 Club Circle Drive
Percy Shiels, 4760 Winners Circle
Jerry Gerardot, 65 Corona Drive
Alissa Goforth, 175 S. Cahuilla
Mike McCullough, 5005 Cherry Hills Drive, stated that it sounds like the Council is
deadlocked on the appointment issue and if consensus cannot be made, the alternative
is election.
Council Minutes
12-12-01, Page 2
Wendie Busig-Kohn, no address given, stated that petitions had been signed as one
message of the voice of many; that the voices should be heard; and that it is hoped the
Council does the right thing.
Bruce Bushore, 3778 Escoba Drive, requested support of the alternative funding for the
skate park and swim center project.
Shelly Saunders, 2295 Tamarisk Road, concurred with Mr. Bushore's comments.
Bobby Wallace, PO Box 354, requested a television for public viewing in the Large
Conference Room and added that parents should be incarcerated for the conduct of
their minor children.
Art Garcia, no address given, announced the appointment of Councilmember Ron Oden
as Chairman to the Riverside County Community Action Commission.
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:
1. MUNICIPAL CODE AMENDMENT — TRANSIENT OCCUPANCY TAX FOR
SECOND READING &ADOPTION (Intro 12-5-01)
City Clerk read Title of Ordinance 1603 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING
SECTION 3.24.037 (a) TO THE PALM SPRINGS MUNICIPAL CODE TO
IMPOSE AN ADDITIONAL ONE AND SEVEN TENTHS PERCENT (1.7%)
TRANSIENT OCCUPANCY TAX FOR GROUP MEETING HOTELS AND AN
ADDITIONAL ONE AND FIVE TENTHS PERCENT (1.5%) FOR ALL OTHER
HOTELS ADOPTED PURSUANT TO GOVERNMENT CODE SECTION
36937(d),
after which, it was moved by Reller-Spurgin, seconded by Oden and carried by
the following vote that further reading be waived and Ordinance 1603 be
adopted.
AYES: Councilmembers Mills, Oden, Reller-Spurgin and Mayor
Kleindienst
NO: None
ABSENT: None.
Council Minutes
12-12-01, Page 3
2. VACANCY OF MEMBER OF CITY COUNCIL
Consideration of City Council vacancy created by Councilmember Jim Jones'
resignation.
City Manager stated that the matter is for Council discussion and direction.
Councilmember Oden stated that at the previous meeting a motion was made to
appoint Ms. Hodges as the third place runner in the last election to the vacancy;
that the motion did fail; that many phone calls had been received in support of
Ms. Hodges; and that if other members of the Council have someone in mind
other than those who ran at the last election, who is it.
Mayor stated that there is no one person in mind, but that the Council should
allow an open period to consider individuals in the Community.
Councilmember Oden stated that it sounds like the Mayor is requesting an
election; that if an extensive process is being recommended, then the matter
should go to election.
Councilmember Mills stated that personally he has no one in mind; that it has
been said that Ms. Hodges is interested, but that Ms. Hodges has not said that to
him; that it is appropriate to hear from those that are interested; that the process
would not have to take long, but that it does need to be done.
Councilmember Reller-Spurgin stated that she had called Ms. Hodges; that she
is willing to accept the appointment; that many comments were made about the
team issue of the Council; that she personally was not aware the Council was not
functioning as a team; that there are times that Members of the Council do not
agree, but that does not mean they are not a team; that to be a part of a team
does not mean you have to control the team; that this issue does not have to be
this way; that the issue has divided the people of the Community; that the
appointment should have been seamless and completed last week; that the
Council is projecting a picture of division and needs to show unity; that there are
many good things that are happening in the City; that the past week should have
been sufficient time for Councilmember Mills to consider the appointment; that it
takes time to come up to speed as a Councilmember and that the appointment of
Ms. Hodges eliminates that learning curve.
Motion to appoint Ms Hodges to the unexpired term for Member of City Council
was presented; after which, it was moved by Reller-Spurgin, seconded by Oden,
and discussion continued.
Councilmember Oden stated he was asked what if the appointment potential was
not Ms. Hodges, but someone else who ran; that an inventory has to be made of
this own ethics and stated that whomever was third in the race should be
supported for the appointment; that the movement of the City is important; that
there are issues to address; that the healing process needs to be promoted; and
that as leaders the Council's job is to correct efforts.
Council Minutes
12-12-01, Page 4
Councilmember Mills stated that it is not clear where the sentiment came from
that he stated he does not want Ms. Hodges; that he stated some additional time
was needed to review the consequences; that there may be others in the
Community interested in serving the short term; that the Council should interview
those interested; and that until those interested are interviewed, an appointment
should not be made.
Councilmember Reller-Spurgin questioned if the recent forums of which Ms.
Hodges was a candidate left any questions that were not answered.
Mayor stated that all the candidates were offered to the voters; that a change
was made by the voters; that a cooling period of time is needed; that it is
counterproductive to have this issue ongoing; that a healing needs to take place
in the City; that the voters had made their statement and a change is requested.
Councilmember Oden stated that taking time can work for you or against you;
that there have been many that have come forward to support the appointment of
Ms. Hodges; that, in fact, there were 300+ in the past election that did so; and
that as leaders there are times an emergency decision must be made without
alot of time; the Council does not choose the team; that individuals are elected to
work together; that when Mr. Jones was elected he did not support him; that one
is duty bound to support the voters wishes; that this issue is not about Ms.
Hodges, but the opportunity to appoint the next highest voter getter from an
election that was certified two weeks ago; that the vacancy occurred on the same
day the election results were certified; and that clearly Ms. Hodges is the
Community's choice.
Motion on the floor was taken and failed by the following vote.
AYES: Councilmember Oden and Reller-Spurgin
NO: Councilmember Mills and Mayor Kleindienst
ABSENT: None
Motion directing the City Clerk to prepare Resolutions calling a Special Municipal
Election to be held April 9, 2002 to fill an unexpired member of the City Council
vacancy was presented; after which, it was moved by Oden, seconded by Reller-
Spurgin, and carried by the following vote that the Motion be adopted.
AYES: Councilmembers Oden, Reller-Spurgin and Mayor Kleindienst
NO: Councilmember Mills
ABSENT: None
Council Minutes
12-12-01, Page 5
ADDITIONAL LEGISLATIVE ITEMS: None
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests: None
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
DECEMBER 14, 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 Large Conference Room, 3200 Tahquitz
Canyon Way, on Friday, December 14, 2001, at 3:30 p.m., at which time, the City Attorney
announced items to be discussed in Closed Session, and at 4:15 p.m., the meeting was
convened in open session.
ROLL CALL: Present: Councilmembers 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 Brown Act Procedures.
REPORT OF CITY MANAGER 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:
Wendie Busing-Kohn, no address given, held signs stating "Comm"—"unity".
Philip Tedesco, 1303 Primavera, stated that a letter addressed to the Desert Sun
Opinion Page was turned down for publishing due to allegations of nature of attacks on
persons; that it should be known that Desert Chapel is in control of the Members of the
City Council; and that the membership is not in the spirit of Article I.
David Logerstat, 1311 Primavera, stated that the public has voiced its opinion in favor of
Ms. Hodges and that it would be inappropriate to appoint another member of Desert
Chapel.
CONSENT AGENDA: None
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.
Mayor clarified that no one would be recommended to fill the unexpired vacancy
due to religious affiliation.
Council Minutes
12-14-01,Page 2
LEGISLATIVE ACTION:
1. APRIL 9, 2002 SPECIAL MUNICIPAL ELECTION
Recommendation: That the Council call for a Special Municipal Election to be
held April 9, 2002 to fill an unexpired vacancy term ending 11-4-2003.
Councilmember Oden stated that calling for election is a second choice; but that
the Council has not reached a consensus at this point for appointment and that
the issue needs to be moved forward.
Resolution 20234 calling election and Resolution 20235 regarding candidate
statements were presented; after which, it was moved by Oden, seconded by
Reller-Spurgin and carried by the following vote that R20234 and R20235 be
adopted.
AYES: Councilmembers Oden, Reller-Spurgin and Mayor Kleindienst
NO: Councilmember Mills
ABSENT: None.
ADDITIONAL LEGISLATIVE ITEMS: None.
ADDED STARTERS:
Motion to add the item for consideration due to the need arising subsequent to
the posting of the agenda was presented; after which, it was moved by Oden,
seconded by Reller-Spurgin and unanimously carried that the item be added for
consideration.
2. NORTEL NETWORKS PALM SPRINGS INTERNATIONAL FILM FESTIVAL
2001-02 FISCAL YEAR BUDGET AMENDMENT
Recommendation: That the Council consider amending the 2001-02 fiscal year
budget for Nortel Networks Palm Springs International Film Festival increased
emergency one-time funding of$100,000.
City Manager reviewed letter dated December 11, 2001 from David Baron,
Executive Committee and Harold Matzner, Chairman of the Nortel Networks
Palm Springs International Film Festival for a request of $100,000 in support of
the Award Gala.
Councilmember Oden stated that due to the economic times the City does need
to provide the additional support to the program.
Resolution 20236 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried, that R20236 be
adopted.
Council Minutes
12-14-01,Page 3
REPORTS & REQUESTS: None
CITY COUNCIL reports or requests: None
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
DECEMBER 19, 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, December 19, 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 Mills, Oden, Reller-Spurgin, and Mayor
Kleindienst
Absent: None
The meeting was opened with the Salute to the Flag, and an invocation by Dr. Jim Tom —
United Methodist Church of Palm Springs
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on December 15, 2001.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION
(All Entities) - See items on Page 8 of agenda this date.
PRESENTATIONS: Proclamation for Dallas J. Flicek.
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:
Dolliah "the Black Dalliah", P.O. Box 354, stated the wedding dress cost $150.00 to dry
clean and did expect reimbursement from the City; and advised the Council not to wait
to start plans for Black History Month.
Mr. Ramie, Spanish Inn, stated that a call had been placed to the City Manager with no
response and added that the Spanish Inn will be rebuilt; that the property only closed
escrow five months ago; that it has been an asset to the City in the past and
recommended that the action scheduled for the agenda not be taken.
Jenny Sorenson, Ballantines Hotel, stated that it is good to see Indian Avenue
upgraded; that there are some additional steps that could be taken such as the
reduction of speed on Indian Avenue, a four-way stop at Tamarisk, additional crosswalk
at the hospital, fines imposed for semi-trailer use of Indian Avenue and strong
enforcement for illegal activities.
Donnie Frank, Palm Springs, stated that the downtown parking think tank worked hard
on an issue that is not needed and urged denial for a downtown parking structure.
Frank Tysen, 175 S. Cahuilla, questioned the Council's fear for public discussion of the
proposed pedestrian bridge over Indian Avenue; that support should be given to the
Council Minutes
12-19-01, Page 2
Spanish Inn and the Biltmore renovations and added that the public does have the right
to know what is going on.
APPROVAL OF CONSENT AGENDA: Items 1 thru 11. (Except Items 1, 6, 7, and 10)
It was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that
Items 1 thru 11, excluding items 1, 6.7 and 10, be adopted.
1. SEE EXTENDED CONSENT AGENDA
2. Res 20237 supporting Proposition 40, the "Clean Water, Clean Air, Safe
Neighborhood Parks and Coastal Protection Bond Act'.
3. Res 20238 supporting 'Inland Empire First' for use of existing Inland Empire
airports prior to expansion of Los Angeles Airport.
4. MO 6977 approving an agreement with Redrock Communications, Inc., for
providing and installing a wireless wide area network for Fire Department
facilities for$176,791. A4432.
5. MO 6978 ratifying City Manager authorization to American LaFrance for
emergency repairs of fire apparatus #443-T, to include replacement of swivel,
control functions, pump and minor body work for$33,867.26.
6. SEE EXTENDED CONSENT AGENDA
7. SEE EXTENDED CONSENT AGENDA
8. MO 6979 approving purchase order with NEC Business Network Solution to
provide and install communication cabling for the airport ground transportation
center for$13,995.29.
9. MO 6980 approving an agreement with Alcalde & Fay for Washington D.C.
lobbying services for a term of one year for$50,600. A4435.
10, SEE EXTENDED CONSENT AGENDA
11. Res 20239 and 20240 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Reller-Spurgin 971246 Spurgin Spouse
971366
Mills 971129 C. Kell-Smith Business related
EXTENDED CONSENT AGENDA:
1. Recommendation: That the Council approve an agreement with American Youth
Soccer Organization (AYSO) to promote and provide soccer for the youth of
Palm Springs for a term of three years for a rental of 18% of its registration fees.
A4436.
Council Minutes
12-19-01, Page 3
Mayor requested an accounting of the rental collected and resulting
improvements made to the concession stand; and added that the position of "no
smoking" should be reviewed for possible conflict with existing regulations.
Director of Parks & Facilities stated that an accounting and report would be
made to the Council through the weekly report.
Councilmember Oden requested the issue of no smoking in public parks should
be scheduled for an upcoming study session.
Minute Order 6981 as recommended was presented; after which, it was moved
by Kleindienst, seconded by Oden, and unanimously carried that MO6981 be
adopted.
6. COACHELLA VALLEY HOUSING COLITION — FM29695
Recommendation: That the Council approve Final Map 29695 for Fomotor
Engineering related to Coachella Valley Housing Coalition to divide property
located at 909, 921, 933, 945, 957, 969 and 999 Cottonwood Avenue and 970
and 990 Chuckwalla Road. APN 507-042-009, 507-042-010, 507-042-011 and
507-042-022. Section 11, T4S, R4E. A4433.
Resolution 20241 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and carried by the following vote, that
R20241 be adopted.
AYES: Members Mills, Oden and Reller-Spurgin
NO: Mayor Kleindienst
ABSENT: None
7. DEMOLITION OF 1841 N. FARRELL AND 1750 SHARON ROAD PROPERTIES
Recommendation: That the Council approve an agreement with Vision's West
for demolition of two houses on airport property located at 1841 N. Farrell Drive
and 1750 Sharon Road for$19,300. A4434.
Councilmember Mills questioned if in addition to the demolition of the houses
would a soil stabilization also be completed.
Assistant City Manager-Operations stated that the properties would be restored
to level ground.
Resolution 20242 as recommended was presented; after which, it was moved by
Mills, seconded by Oden and unanimously approved, that R20242 be adopted.
10. OWNER PARTICIPATION AGREEMENT STEVENS ROAD AND INDIAN
CANYON WAY
Recommendation: That the Council concurs with Community Redevelopment
Agency to find pursuant to Section 33421.1 of the California Health & Safety
Code relating to Owner Participation Agreement for the construction of a
Council Minutes
12-19-01, Page 4
hotel/condominium resort located at Stevens Road and Indian Canyon Way
MA#1. (CRA A).
Resolution 20243 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Oden and carried by the following vote that R20243
be adopted.
AYES: Members Oden, Reller-Spurgin and Mayor Kleindienst
NO: None
ABSENT: None
ABSTAIN: Councilmember Mills.
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.
LEGISLATIVE ACTION:
12. SOLID WASTE FRANCHISE AUDIT SERVICES
2001-02 FISCAL YEAR BUDGET AMENDMENT
Recommendation: That the Council approve an agreement with Hilton Farnkopf
& Hobson LLC for audit services of Palm Springs Waste Disposal Services for
$69,500; and amend the budget thereto. A4437.
City Manager reviewed the staff report and added that the City will be negotiating
for Palm Springs Disposal Services to reimburse the City for one-half the cost of
the audit.
Councilmember Oden questioned if Palm Springs Disposal Services was aware
of the request and added that it is good to have an independent audit of the
services; and that due to the nature of the audit company the possibility of
conflict of interest would be limited.
Minute Order 6982 approving agreement and Resolution 20244 amending the
budget were presented; after which, it was moved by Oden, seconded by Reller-
Spurgin, and unanimously carried, that MO6982 and R20244 be adopted.
13. UAW-GM CONFERENCE WAIVER OF FEES
Recommendation: That the Council waive rental fees for use of closed Taxiway
"A" at the Palm Springs International Airport for a period of January 7 through
February 1, 2002 for $4,000.
City Manager reviewed the staff report, no further report was given.
Councilmember Oden stated that the benefits given to the Community by this
Company is tremendous, that not only is safety driving offered, but also an infant
Council Minutes
12-19-01, Page 5
car seat program and assistance to high school students, and added that it is
hoped to retain this event in our Community.
Minute Order 6983 as recommended was presented; after which, it was moved
by Reller-Spurgin, seconded by Oden, and unanimously carried, that MO6983 be
adopted.
14. MEMORANDUM OF UNDERSTANDING — GENERAL UNIT
Recommendation: That the Council approve a Memorandum of Understanding
with the General Unit (CLOCEA) employees for related wage and benefit
package for a period of eighteen months terminating June 30, 2003.
City Manager reviewed the staff report, no further report was given.
Councilmember Oden stated that it is good to see the unit come to agreement in
a reasonable amount of time; and that it is an opportunity to say to the
employees, their service is valued.
Mayor requested a master list of all allocated positions that are being changed.
Assistant City Manager-Operations stated that a master listing would be a part of
the fiscal year budget process.
Mayor questioned if there were any new positions being added.
Assistant City Manager-Operations stated there were none.
Mayor requested the allocated position plan be provided to the Council.
Resolution 20245 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried that R20245 be
adopted.
15. DOWNTOWN PARKING STRUCTURE DESIGN-BUILD SCOPE
Recommendation: That the Council approve an agreement with Walker Parking
Consultants for the preparation of Design Build documents for the construction
of a parking structure located on the west side of 200 South Indian Canyon Drive
for$68,000. A4438.
City Manager reviewed the staff report.
Councilmember Reller-Spurgin stated that additional downtown parking is what
the voters have requested.
City Attorney stated that there are final refinements needed to the agreement;
that there is no schedule of payment of compensation listed in the exhibits and
requested that the agreement be approved subject to City Attorney approval.
Director of Downtown Development stated that the changes requested by the
City Attorney have been completed and are in final form.
Council Minutes
12-19-01, Page 6
Councilmember Reller-Spurgin requested the proposed resolution be approved
subject to City Attorney final language.
Mayor stated that the issue needs to be resolved quickly and that each day lost
is another day without the needed parking downtown.
Director of Downtown Development stated that it is not easy to break each
individual task down to a time and percentage of the overall contract; that Walker
does have architectural abilities, but is hiring a local architect to allow the local
familiarity of rules and regulation to help speed the term of the contract.
Councilmember Oden questioned why the firm is hiring a local architect.
Director of Downtown Development stated during the design process with the
Planning Commission there were many issues raised that were site related; that
with the assistance of a local architect those types of issues can be resolved.
Councilmember Oden stated that the local component to the contract is
enhancing.
City Attorney stated that if the contractor does in fact have two architects it is not
indicated in the contract; that if the contract does not outline the tasks there is no
way to monitor a payment schedule for completed tasks.
Councilmember Mills stated that it is impressive that Walker has hired a local
architect to help with the process; but that the contract before the Council is
between Walker and the City; that the City should not be involved with the scope
of work of a subcontractor; that what the City is interested in is a product that is
architecturally appropriate; and that if Walker desires a local subcontractor that
is not a part of the City's negotiations.
Councilmember Oden stated that the scope of work being presented should not
be changed and recommended that the contract with Walker be approved.
Councilmember Reller-Spurgin stated that the City Attorney is indicating that the
compensation should be monitored and paid in monthly installments according to
the percentage of work completed.
City Attorney stated that the scope is not clear when payment is triggered; that
there are different stages for the contract; that the Council can provide in the
contract for approval of any subcontractors; but that the issue is that the $58,000
is not broken down in any manner for payment; that if the contractor comes
forward and says the work is 50% completed, then it is entitled to 50% of
payment and that the City has no way to evaluate what is done nor on what
scope.
Director of downtown Development stated the City should get two invoices; that
this is a six week project; that it is hoped that the ground breaking will be by June
1, 2002; that the exhibits have been reviewed; that the contractor is reputable;
that there is a good architect on board; that the team is ready to proceed; that
Council Minutes
12-19-01, Page 7
there can be more regulation added for the details of the contract, but that how
much more detail is not certain.
Councilmember Mills stated enough detail is needed to determine payment; and
that there should be a Phase breakdown that would give guidelines.
Councilmember Oden stated that staff has clearly heard Council concerns; and
added that the breakdown in scope should not be so cumbersome as to delay
the work.
Resolution 20246 as revised, subject to City Attorney approval, was presented;
after which, it was moved by Reller-Spurgin, seconded by Oden and
unanimously carried, that R20246 be adopted.
16. PALM SPRINGS SKATE PARK AND SWIM CENTER
2001-02 FISCAL YEAR BUDGET AMENDMENT
Recommendation: That the Council approve a $500,000 advance from future
Measure "Y" allocations to be repaid at $100,000 annually from the allocation for
construction of the Palm Springs Skate Park and Swim Center project; and
amend the budget thereto.
Director of Parks, Recreation and Facilities reviewed the staff report, no further
report was given.
Councilmember Mills questioned if the contract would be design/build.
Director of Parks, Recreation and Facilities stated that there is no commitment
on the part of the City to that aspect; and that what part the architect will have is
yet to be resolved.
Councilmember Mills stated that there might need to be a separation between
the architect and the general construction work.
Director of Parks, Recreation and Facilities stated that there are three separate
components to the project; that there is new construction, renovations to existing
facilities and the design of the overall project; that the architect may well oversee
the construction phases, but would not be the general contractor for the project.
Councilmember Mills stated the distinction should be contract administration
rather than construction administration.
Mayor stated that there should be a repayment schedule to show that the City
funds are to be reimbursed through private donations and that the Measure "Y"
funds should likewise be outlined.
Resolution 20247 as recommended and Resolution 20248 amending the budget
as recommended were presented; after which, it was moved by Reller-Spurgin,
seconded by Oden and unanimously carried that R20247 and 20248 be adopted.
Council Minutes
12-19-01, Page 8
17. ORDINANCE FOR SECOND READING & ADOPTION (Intro 12-5-01)
City Clerk read Title of Ordinance 1604 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 1.34.011 OF THE PALM SPRINGS MUNICIPAL CODE,
REMOVING REFERENCES TO "NO-FEE PERMITS' REGARDING AIRPORT
FEE REGULATION FOR MEETERS AND GREETERS
after which, it was moved by Oden, seconded by Mills and unanimously
approved, that further reading be waived and that Ordinance 1604 be adopted.
18. MUNICIPAL CODE AMENDMENT— PROCUREMENT ORDINANCE
Recommendation: That the Council repeal Chapter 3.12 in its entirety and adopt
Title 7 Procurement and Contracting Ordinance to the Palm Springs Municipal
Code; and adopt the State Uniform Public Construction Cost Accounting
Procedures.
City Manager reviewed the staff report.
Assistant City Manager-Operations stated that much staff time has been devoted
to the refinement of the proposed ordinance; that there is one revision staff
would recommend to emergency procedures and reviewed a handout, copy on
file in Office of the City Clerk.
Councilmember Mills stated that this is high on the list of things to be done when
the Charter was enacted; that the overall proposed ordinance does look
sufficient, although one issue which needs additional addressing is the
particulars stated in 7.04.020; they are common linkage of 7.05.030, and that in
fact, the two should be tied together.
City Attorney stated that the distinction is necessary due to the fact that a brand
name could be specified, but a competitive process still be used; that in a sole
source, the specification of why the sole source procured is required.
Councilmember Mills stated that Chapter 7.05 needs to include the following:
why needed, a listing of types and for what reasons, possible situations; that the
purpose of this ordinance is to streamline the procurement process; that this
area is where the issues need to be addressed and that the only other concern
would be that of authorization.
City Attorney stated that from a personal perspective, the review of contracts is
boring; that there is a boilerplate form that is used; that the only part of review
are the exhibits; that the exhibits is where the City can place a high number of
controls which include things such as what is to be done, when is it due, how
much payment is linked to the percentage of completion; that these types of
safeguards assist staff to ensure payment does not get ahead of performance;
that in the course of reviewing the past six contracts, there were repetitive
problems for each one; that the payment schedule needs to be coordinated with
the tasks; that without the coordination there is the potential for a disconnection;
that the City Manager has stated in the past that it is his thought not to allow for
Council Minutes
12-19-01, Page 9
upfront payments; that there are contracts that still come through with this type
of allowance; that there is a staff issue of a delay from legal review; that if staff
would start the legal review process before Council consideration, most concerns
could be addressed; that there are a high percentage of current contracts that
contain repetitive legal concerns; that the same concerns are readdressed each
time and that if there is no required legal review of all contracts, there will be
contracts where the dots are not connected.
Councilmember Oden stated that the task force created for formation of the
City's Charter, clearly saw this as a benefit to being a Charter City; that one of
the benefits of having the Ordinance is the allowance to act expidisously; that
there are times when there is not a wide window for review; that there are
improved controls that need to be set in place; that the controls could rest with
the City Attorney or with the City Manager; that if a step needs to be added to
the process, it is not a problem as long as things do not stop in the process; that
if the same thing is continued to be looked at by a lot of people, then the process
needs to expedited; and questioned where final documentation is retained.
Assistant City Manager-Operations stated that all original contracts would end up
in the Office of the City Clerk.
City Manager stated that the current review process is at times lengthy; that staff
is recommending contracts under $25,000 not be given legal review; that the
examples cited by the City Attorney were for contract over $25,000; that the
current ordinance is 30 years old; that it does tie the City to get the job done; that
the new proposed ordinance allows staff to run fast, and that the question is at
what level does the Council want established that triggers City Attorney approval.
Councilmember Mills stated that the issue with brand name should likewise be
addressed; that the first reading should be done with the revision included; that
the issue to define the situation should be included when the need occurs; that
the design/build issue also needs criteria to be used in appropriate
circumstances; and that there may be other fine tuning to the ordinance at a later
date; that the language in design/build is very open; that it may be that by trial
experience the problems may be solved and that defining the brand name
language would be helpful.
Councilmember Reller-Spurgin stated that ultimately the City Council is
accountable for all contracts; that the City Attorney does in fact keep legal issues
at bay; that one should listen to what the City Attorney has to say; that
designating someone to oversee multiple contracts controlled by a budget could
be significant and that in her opinion the City Attorney should review all contracts
on behalf of the City Council.
Councilmember Mills stated that the $25,000 threshold is for a single project;
that portions of a project should not be divided to move around the threshold
limit; that one of the reasons there was movement to implement a Charter City
was to get past dealing with 180 pages of boiler plate language to get to the 3
pages of specifics in a contract and waiting for the City Attorney to review the
entire document; and with smaller projects, it can result in a great deal of
frustration.
Council Minutes
12-19-01, Page 10
Councilmember Reller-Spurgin questioned if the Director of Procurement and
Contracting was comfortable with the proposed ordinance.
Director of Procurement and Contracting affirmed.
Mayor stated that the proposed ordinance addresses many facets that have
been ongoing; that staff is being empowered to deal with contracts; that
contracts are specific; that there is typical language used to bring projects to
fruition; that there is a degree of exactness on how a document is drawn that
must be adhered to; that there is a series of checks and balances; that the
department head is being given a responsibility; that all documentation does
need to be forwarded to the Office of the City Clerk; that the Clerk's Office must
maintain a complete and full documentation of the contracts; that on the training
side, there may be extensive training needed for the known procedures; that a
document checklist should be compiled; that the contract amount triggering City
Attorney review is not as significant as the need for a process to be followed;
that a structure should be established on expediting the contracts and that the
training is paramount.
City Manager stated that there is a contract system in place; that Bruce Johnson
does in fact handle all contracts; that Mr. Johnson has been fully trained by the
City Attorney and uses exact wording; that the City Clerk is the ultimate
gatekeeper for the retention of the contracts, and that with the new system in
place there is one person in the system that can identify where the exact
physical location of any given contract is.
Assistant City Manager-Operations stated that alot of work has gone into the
working of the proposed ordinance and added that staff will revisit proper
contractual language.
Mayor stated that the offer is appreciated, but that the open engagement as a
team is required; that there is a reason the City has an attorney; that intent of a
contract is one thing, but wording is another; that this responsibility should not be
taken lightly; that the proposed ordinance is a good document; and that it is
hoped that staff will identify strengths and any weaknesses in the document.
Councilmember Oden stated that staff should be aware that input from the City
Attorney might be requested on any dollar level of contracts.
City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
REPEALING IN ITS ENTIRETY, CHAPTER 3.12 — PURCHASES, OF TITLE 3,
REVENUE AND FINANCE AND ADOPTING A NEW TITLE 7, ENTITLED
PROCUREMENT AND CONTRACTING
after which, it was moved by Oden, seconded by Mills and unanimously carried
that further reading be waived and that the Ordinance be introduced for first
reading.
Resolution 20249 as recommended was presented; after which, it was moved by
Oden, seconded by Mills and unanimously carried, that R20249 be adopted.
Council Minutes
12-19-01, Page 11
19. AIRPORT GRANT AMENDMENTS
Recommendation: That the Council authorize the City Manager to execute
Amendment #1 to eight Airport Improvement Program Grants. A4020, 4021,
4086, 4087, 4129, 4130, 4144 and 4431.
Councilmember Mills stated Conflict of Interest due to business relationships.
Minute Orders 6984, 6985, 6986, 6987, 6988, 6989, 6990, & 6991 (8) as
recommended were presented; after which, it was moved by Reller-Spurgin,
seconded by Oden and unanimously carried, Mills abstaining, that MO6984 —
6991 be adopted.
20. ADDITIONAL LEGISLATIVE ITEMS: None
ADDED STARTERS: None
REPORTS & REQUESTS: None
CITY COUNCIL reports or requests
21. Treasurer's Investment Report of October 31, 2001-Received and filed.
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