HomeMy WebLinkAbout5/6/1981 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
MAY 6, 1981
A Regular Meeting of the City Council was called to order by
Mayor Doyle, in the Council Chamber, 3200 Ta,iquitz-McCallum Way,
on Wednesday, May 6, 1981 , at 7:30 p.m.
ROLL CALL: Present: Councilmembers Beirich, Field, Rose,
Ortner and Mayor Doyle
Absent: None
The meeting was opened with the salute to the Flag.
COMMUNITY REDEVELOPMENT AGENCY : No business
APPROVAL OF MINUTES :
It was moved by Beirich, seconded by Ortner, and unani-
mously carried, that the minutes of April 15, 1981 be
approved.
PUBLIC HEARINGS:
1 . FORFEITURE OF LICENSE AGREEMENT #1449 - P.S. YELLOW CAB
Consideration of suspension, termination, revocation,
or forfeiture of License Agreement #1449 held by Robert
C. Smith, General Partner, and Dorsey Franklin, Limited
Partner, dba Palm Springs Yellow Cab. Mayor explained
hearing process to be followed.
City Manager stated that continuous concerns have been
raised about the cab service operation, and that the
incidents in March,1981 should not be the only focus.
Transportation Director stated that the purpose of the
hearing was to hear matters alleged by staff and to provide
opportunity for the licensee to show cause why the license
agreement should not be suspended, revoked, forfeited.
or otherwise terminated, and stated that it is within
the jurisdiction of the Council to make whatever decision
it deems appropriate. He stated that vehicles are to
be operated in full accord with the California Vehicle
Code, and that the agreement addresses the following
areas :
a. Providing adequate number of cabs as determined by
the Council in granting the agreement. (143)
b. Rates and shift fees for drivers and a means of
adjusting those.
c. Filing of reports, and failure to do so may be a
breach of contract.
d. Additional conditions as may be added by Council .
e. Ability for the City to inspect vehicles.
f. Liability insurance, independent contractor status,
and performance bond, as well as remedies or situations
of bankruptcy.
He stated that staff alleges violation of the agreement
regarding operation and maintenance, amount of equipment,
lack of reports, and fact that vehicles were not air-
conditioned, as required. He stated that the agreement
was properly entered into; that the City has properly
performed; and that the licensee has failed to perform
the twelve points outlined in his report of May 6, 1981 ,
Council Minutes
5-6-•81 Page 2
1 . P.S. YELLOW CAB (Continued)
which is a part of the record, a copy of which is on file
in the Office of the City Clerk, and which he then reviewed.
In answer to questions by Transportation Director, Len
Mills, City Equipment Maintenance Superintendent, identified
Exhibit I, presented by Transportation Director, as reports
of inspections made of cabs in February and March, 1981 ,
noting deficiencies found, such as, faulty parkincl brakes,
engine leaks, fire hazards, air-conditioning not working,
stop lights not operating, headlights not aligned, windshield
wipers cracked, and front-bearing out. He stated) that
he, personally, observed 50-60% of the inspections and
remainder were made by the equipment maintenance leadman;
and that the findings of inspections made, as outlined
in letter of Transportation Director to Mr. Smith, dated
March 30, 1981 , a copy of which is on file in the Office
of the City Clerk, are true and correct.
Transportation Director stated that said letter of March
30, 1981 , was provided to the City Council , and believed
that it disclosed a clear record of why taxicabs were
grounded by City staff; that he believes there is con-
clusive proof of the unsafe condition of the fleet; that
reports in 1979 reflect that no vehicle passed safety
inspection on the first inspection, but did so on the
second; that similar situation occurred in 1980; and
that in 1981 , the general partner presented the vehicles
to the shop for inspection and was fully aware of the
findings; and that staff recommends that the Council
follow the staff recommendation to revoke the license
agreement. CONT'D
(143)
In answer to questions by Mr. Smith, Equipment Maintenance
Superintendent affirmed that it was true that not all
findings were applicable to each and every vehicle inspected,
and that not all vehicles contained possible fire hazards
or the violations enumerated.
Robert Smith, General Partner, offered the following
testimony:
a. Recent feature on "60 Minutes" television program
divulged that 22 states have done away with vehicle
inspection programs, because no correlation could
be found between vehicle inspection and safety and
number of accidents. He stated that some inspections
lull people into a sense of false security, and the
Council should be aware that vehicle inspections do
not correlate with safety to the public.
b. Given the condition of his vehicles and the worst
possible case, assuming the statements are true, he
has not had a single passenger injury in 212 years
of operation; that he believed his record was
unparallelei by any other taxicab company; that: there
is not another taxicab company in the State which
is subjected to the intense scrutiny as that of the
City shop for his vehicles; and he believed he was
overregulated to the point of the ridiculous.
c. Agreement provides for termination if public convenience
and necessity have not been met; that only three complaints
have been received from the Transportation Director, he
has responded to 33,421 calls for service between
December, 1980 and March, 1981 ; that of the three
complaints, one did not relate to his company;,
Council Minutes
5-6-81 Page 3
1 . P.S. YELLOW CAB (Continued)
one related to failure to record uhe call time, and
one related to a supposed complaint about running
an $88 tab; and that he believes his record of service
has been good.
d. Agreement provides that licensee shall have 30 days
in which to make corrections or comply with public
convenience and necessity requirements ; and that he
submits that he has not received such notice.
e. Reports required by the agreement are totally unneces-
sary, unreasonable and meaningless; that he has not
received any written notice about sending the reports;
that he has offered to submit the reports, and, this
date, delivered thirteen months of reports, weighing
fifteen pounds, to the Transportation Director who
is supposed to make copies and return them to him;
and that he feels this is a wasted effort.
f. Regarding appearance of cabs, he did not think it
was unreasonable to withhold repairs until there
was enough to do all repairs at one time.
g. Letter received to remove the cabs in March, did not
indicate anything regarding resubmitting cabs for
reinspection; believe that notice was an illegal
termination of the license agreement.
h. March 20 received notice that cabs were to be taken
off the streets and reinspection completed by March
30; that four of those days were on the weekends and
the city shop was not open to inspect the cabs ; that
new requirement was introduced to have smog control
certificates before resubmitting for inspection; that
it took over three days to determine which city office
was making that requirement, which left him 31, days
to submit nine vehicles for inspection; that the vehicles
were inspected, certified and back on the streets ;
and that the public was not inconvenienced.
i . Between December, 1979 and January, 1980, the company
responded to 43,093 calls for service; 15 cabs were
originally required, and in March, 1980, it was CONT'D
reduced to 10; that for comparable period the following (143)
year, 33,421 calls for service were responded to,
or a decrease in business of 24%; and that based on
this decline, the number of cabs should be reduced
to 7..
j. Transportation Director, in memorandum to the Council
of March 19, 1980, showed that the cabs reinspected
had substantially improved since the first inspection
at that time, and that the company was in substantial
compliance, except the performance bond which was
later resolved; and to now state that they are not
complying categorically and never have is not true.
k. Passengers were asked to read a petition to the
Council , supporting the company's operation and
urging continuance, and if they agreed, to sign
the petition. He presented the petitions to the
City Clerk for the record.
E
Council Minutes
5-6-81 Page 4
1 . P.S. YELLOW CAB (Continued)
In answer to questions by Council , Mr. Smith responded,
as follows :
a. All of the cabs have air-conditioning, although at
the last inspection none were connected; inspections
were made in March; exercise prudent judgement and
if do not feel that air-conditioning is needed in
the winter, then the system is disconnected by
removing the air-conditioning belts; units may
need recharging.
b. Regarding 1979 Plymouth Volares : Proposal to the City
provided that the company would initially start with
1973 Ford Torrino cabs and new vehicles in sufficient
numbers to supply the city would be the 1979 Plymouths
and would be ordered upon award of contract; that
was found not to be a practical solution to the problem,
in that he could not find ten of such models in the
fleet from which the vehicles would be purchased;
that he discussed the need for substitution with the
Transportation Director, and believed he agreed to CONT'D
1977 Ford LTDs ; that used cars were obtained from (143)
Hertz, which for cab purposes are "new vehicles" ;
that he has some 1974 Chevrolet Bel Airs; and that
the Transportation Director knew what type of vehicle
would be on the street.
c. Emission controls drag on engines and fuel consumption
and is one item which is not given as much maintenance
as it should be given; he did not know there would
be so much emphasis on that area; he was not aware
of any exemption from the State law; and that: he was
more concerned with serving the public than whether
the smog control device was connected.
d. There was adjustment in the number of cabs from 15
to 10; believe if meet convenience and necessity then
must have right number of vehicles, which is determined
by the number of complaints received; if calls indicate
that service cannot be provided, then know do not
have enough cabs; receive more than three complaints,
and follow-up on each one.
e. If service to the people who require it is provided,
then believe that is the answer to determining public
convenience and necessity.
f. Affirmed that contract requires filing reports.
g. He did not know if smog control devices were intentionally
by-passed, and did not make inquiry as to how they
came to be in that condition, since he did not consider
it pertinent because the problem was going to be corrected;
that he did not intentionally break the 'law to get
better gas mileage; and that he does set policy and
his policy is not to violate State law.
h. There are very few complaints concerning response
time, and the passenger is usually told how "long it
will be before the cab is available; and that: cabs
are washed daily, and get dirty because the streets
are dirty.
Council Minutes
5-6-81 Page 5
1 . P.S. YELLOW CAB (Continued)
i . Responding to question by Transportation Director:
Do not recall any cabs passing insoection in
February-March; not aware that in 1979-80 CHP said
that the smog control devices had been removed;
switching of tires from one cab to another only happened
once in August, 1979, and have verified that with
the city shop, do not know whether it involved more
than two tires; in 1979-80 used CHP forms, and object
to the extent of the inspection to which the vehicles
have been subjected.
k. After reading of the report of inspection for unit
#106 by the Mayor, Mr. Smith stated that he was
not comfortable with the condition of the cab, however,
it was taken for inspection even though it was not
in service, and the problems have since been corrected.
1 . Affirmed that he was aware of the contract requirements
prior to signing the agreement; that hubcaps have
been replaced many times; and that the vehicles have
been recarpeted.
In response to question by Council , Equipment Maintenance
Superintendent stated that after air-conditioning belts
were installed, upon reinspection, the air-conditioning
still did not work; that the units were not charged; and
that the city shop did not trouble-shoot for the licensee
to ascertain the nature of the problem; and that he was
aware that such was the case in 5 of the 9 vehicles.
In answer to question by Council , Transportation Director CONT 'D
stated that cabs are inspected quarterly. (143)
Mayor inquired if anyone wished to be heard.
Bill Smith, 2263 Los Patos (unrelated to licensee, ) stated
that even the largest cab company in Seattle, Washington,
is now in bankruptcy; that there is no correlation between
heaters and air-conditioner belt removals ; that he is
in the car rental business and finds that cars get dirty
in the desert; that he has maintained as many as 500 cars
at one time, both used and new, old and big, and has not
had one problem for the type of deficiency cited for the
cabs; that he has never had anyone get into a problem
with a bad alignment, leaking oil , or air-conditioning
problems; that the cab operator has maintained a safe
cab business and he believes the City is fortunate in
having the operator; that he would recommend not con-
sidering revoking the license unless there is someone
in hand ready to start service; and that new cabs cost
$8,000 per car, plus 22% interest, plus insurance costs.
Louie Green, 15525 Mountain View, Desert Hot Springs ,
cab driver, stated that he has never taken an unsafe
vehicle, and a missing hubcap or ashtray does not mean
the vehicle is unsafe; that one problem relates to fact
that driver's do not write-up when small deficiencies
occur; that in an average month, driver's make $25 per
day; and that if some cabs are not in service, it is
allright and they will rush to pickup people when they
can; and that there may be one hour per day when two
planes arrive at the Airport at one time.
Council Minutes
5-6-81 Page 6
1 . P.S. YELLOW CAB (Continued)
Leroy Ogden, Manager of Yellow Cab, 68371 Skyway., Cathedral
City, stated that they do not turn-down any passenger,
and frequently deliver blood to the hospital .
Gerald Stressing, limousine driver and former cab driver,
stated that the vehicles are in poor condition, dirty
and not being cleaned; that limousines are washer,) every-
day and paid for by the drivers; that he agrees a cab
driver cannot make any money with the number of cabs
asked for by -the City, and does not think there should
be that many. In answer to question by Council , he
stated that he believed it was customary for limousine
drivers to solicit fares. CONT'D
(143)
Sax Sutton, 3555 Paseo Barbara, owner of limousine
service at the Airport, stated that limousine drivers
do not solicit fares anymore than anyone else; that
PUC agreed that they do not solicit; that he believes
vehicles can be kept clean ; that he has never received
a "red" tag; that he is not in competition with the cabs;
and that he receives 15-30 calls per day by people who
want to get to the Airport and indicate they cannot get
a cab.
Chie Chie Ibarra, 1265 Tachevah, stated that buses take
two hours one-way to get somewhere; that they are
uncomfortable and passenger must wait in the heat; and
that it costs $15 to take a limousine from Alejo Road
to the Airport.
Charles Sands, 49 Via Sanimo, cab driver, stated that
service is available 24 hours per day; that he has
served as a dispatcher, and most calls are responded
to in 10 minutes or less, and if unable to do so, the
passenger is made`aware of that; that there is com-
petition for Airport service, however, the cab service
has picked-up hundreds of people from all over the area;
and that if the license is revoked, the Council should
make sure there is something to replace it - something
other than what now have.
Don Grannis, 34863 Rancho Vista, owner of Desert Cab,
stated that he does not operate independently in Palm
Springs, but only picks-up people when the call for
service is made in advance, e.g. , person arriving at
Airport and desiring to reach destination in Palm
Desert; that he could be in competition with the cab
company if he responded to all calls received for• service
in Palm Springs; that when he filled -in for service when
Aztec went out of business, he could not keep up with
the calls for service and he believed the City should
consider competition and independent control based on
population; that he has five cabs, with one standby,
and serves approximately 20-22,000 people; that Pie is
not limited by any agreement; that at times during the
day, five cabs are too many, and at other times, five
are barely sufficient; and that he recommended a medallion
system, with central dispatch.
Chet Ellis, 350 Mel Avenue, dispatcher with Yellow Cab,
stated that he has seen a number of cab businesses go
broke in the past years ; that the existing operator has
a good relationship with the community and has not had
any problems in any areas where others may not wish to
serve.
^C
Council Minutes
5-6-81 Page 7
1 . P.S. YELLOW CAB (Continued)
There being no further appearances, Mayor declared the
hearing closed.
Mr. Smith stated that it was not up to the PUC to deter-
mine what goes on at the Airport in terms of solicitation;
that solicitation and its prohibition are defined in the
Airport Rules and Regulations; and upon request of Council-
man Rose, he read such definitionof solicitation as
contained in Chapter I of said rules and regulations,
Transportation Director stated that, in his view, the
lack of safety has been clearly demonstrated and not
refuted; smog control systems have been disconnected
and maintained in that manner which is a clear violation
of the Vehicle Code; operator has not refuted the condi-
tion of the cabs , nor that the license agreement was not
being adhered to; that it has been clear to the staff
that in the 1979, 1980 and 1981 vehicle inspections there
has been a pattern of lack of maintenance and disregard
of safe operating performance, which is now before the
Council ; and that in view of what has been adduced in
the staff report and testimony presented in the hearing,
it is clear that evidence exists for making findings
contained in the proposed resolution and terminating the
agreement. In answer to question by Council , he stated
that Mr. Smith was present in 1978 at the time the agree-
ment was granted. CONT 'D
(143)
Councilman Rose stated that it would nearly be impossible
to come to a conclusion other than that reached by the
Transportation Director; that there has not been maintenance,
or an attempt to maintain vehicles, and the contract has
been breached at least in some measure; that the licensee
presented his case in a rather cavalier manner; that he
would not have any problem standing by the staff recom-
mendation, except for an uneasy feeling about it; that
he recalled problems with prior cab companies and the
recommendation to approve agreement with the licensee,
i .e. , that there were not any proposals over which there
was much excitement, and for which he would not have voted
in favor if it had not been recommended so strongly by
the Transportation Director; that at the time of the request
for a rate increase, the Transportation Director was again
positive concerning the licensee; that concerns by Council
were represented by the Transportation Director as positive
and he would request specifics concerning complaints ;
that he has discussed with the Transportation Director
the issue of solicitations at the Airport by limousine
drivers, which he has personnally observed, even though
they are very courteous; that it appears there is some
element missing and that there is more than what has been
written or told to the Council ; that he would not be
comfortable in requiring forfeiture without some addi-
tional time in trying to get the licensee into compliance;
that he agrees the licensee's behavior was wrong and
inexcusable, but believes communications between the
Director and licensee should be able to work out a
solution; that removal of the smog control devices is
an issue of greed; and that he would like to see the
problem corrected through staff effort, but if it cannot
be corrected, then he would participate in imposing
forefeiture of the license agreement. He stated that
perhaps part of the blame has been on the City.
Council Minutes
5-6-81 Page 8
1 . P.S. YELLOW CAB (Continued)
Councilman Field stated that he has received citizen
complaints in the past two years, and cited illustration
of a teenager who was unable to get cab service (because
business was more lucrative at the Airport; and stated
that he would not have any difficulty in stating that
he would not be in business with the licensee.
Councilman Beirich stated that he believed Councilman
Rose had capsulized the situation and he was not sure
that terminating the agreement would solve the problem,
in that the current operation is no better or no worse
than what the City has had in the past; that going
strict competition or another exclusive agreement would
not produce any better situation; that it is a matter
of driver, management and City problems, i .e. , no set
level for responding to the request for service, and
drivers sitting around where they do not make any money;
that people tend to make doctor's appointments and
market at the same time of day, and perhaps the issue
to deal with is what is a reasonable number of shifts
or cabs which, in the City's and licensee's judgement,
makes sense and which can then be monitored better in CONT 'D
terms of the number of complaints ; that such an approach (143)
would require the commitment of the licensee that he will
live by the contract and not blithely ignore that which
he does not like, but will work out a new contract to
which both parties can agree and in which some tough
controls can be incorporated; and that he would be
uncomfortable moving ahead at this time, but would
suggest a continuance for further discussion along the
lines suggested, and any additional staff information
which would prove that to be to the contrary.
Councilwoman Ortner stated it would be of benefit to the
community if the licensee can get his act together, cleanup
the cabs, and work out an agreement that both parties
can live with; that she agreed with Councilmembers Rose
and Beirich, and was agreeable to a one-month continuance;
and that she could not understand why the cabs were
allowed to_be in'such conditions if there were inspections
four times per year.
City Manager noted that under the existing contract,
the City has the right to inspect quarterly, however,
only three inspections have been made in the past 221 years,
and that when deficiencies were found, notice was given
and corrections were made within a reasonable period of
time.
In answer to question by Council , City Attorney stated
that alternatives may be discussed at future study sessions,
since the matter has been submitted for decision at this
point; and that ultimately the Council should make its
findings, but that it need not do so at this particular
time.
It was moved by Beirich, and seconded by Ortner, that
this matter be continued for one month and before it
is brought back to the Council for decision, that there
be a study session specifically dealing with evaluation
of alternatives given to the Council in light of whether
that would be helpful in solving the dilemma of cab service,
and that the Transportation Director develop recommendations
for possible changes in the contract, satisfactory to
both parties, which might help eliminate some of the problems
being faced.
Council Minutes
5-6-81 Page 9
1 . P.S. YELLOW CAB (Continued)
City Manager stated that it would be helpful to staff
for the Council to express areas which it might consider
as changes in the agreement.
Councilman Field stated that he agreed with the motion,
would not be opposed to terminating the agreement, but
has reservations about where the City goes from here;
recognized that the City needs cab service; and was
convinced that the testimony and findings in the proposed
resolution are valid and reprehensible.
Councilman Beirich suggested looking at the number of
cabs or shifts, definition of what constitutes safety
inspection vs. a violation of State law, which might
need to be in a different category, issue of reports
and whether they are useful , and issue of city enforcing
unauthorized solicitation at the Airport.
CONT'D
Councilman Rose concurred with Councilman Beirich, and (143)
agreed with the findings in the proposed resolution, and
stated that unless the licensee is prepared to tackle
each one, then it would be a waste of time to attempt
to go forward. He stated that he hoped the licensee
would acknowledge and correct the situation.
Mayor stated that he believes there has been a problem with
licensee's performance and the appearance of the cabs;
that licensee should have been aware of what he signed
in the agreement; that he was prepared to act positively
on the staff recommendation, but was willing to continue
the matter in the hope that alternatives to be reviewed
in study session will indicate what can or cannot be done;
and that he believed the public deserved more than that
which it has received.
City Manager stated that in light of 1981-82 budget
review process, this mattermay go to the second meeting
in June. No contrary direction given by Council .
Following discussion, motion by Beirich, seconded by Ortner,
as clarified by discussion, was adopted by the following
vote:
AYES: Beirich, Ortner, Rose and Doyle
NO: Field
ABSENT: None
his
Council Minutes
5-6-81 Page 10
2. STREET VACATION - JUAREZ AVENUE
Recommendation: On April 1 , 1981 , Council declared intent
to vacate Juarez Avenue,a 210 ft. street extending easterly
from Rose Avenue, and set this as time and place for hearing.
Director of Community Development reviewed his report,
dated April 1 , 1981 , and stated that the vacation would
not be recorded until both the landscaping has been com-
pleted and required parcel map recorded.
Mayor declared the hearing open.
Robert Schlesinger, 383 S. Palm Canyon, representing
Frederick Lowe, spoke in favor of the vacation, and received
an affirmative response to his question whether the
easement would cease upon recordation of the resolution.
Justin Hilb, 911 Juarez, stated that he and the property
owner immediately to the south agree with the vacation; (145)
and that the street only serves as an attractive nuisance.
Richie Ginther, representing John Van Newman, received
response to his question that upon vacation, asphalt will
be removed, curb installed, and street becomes property
of adjoining parcels.
Director of Community Development reported that with the
exception of Mr. Hilb's house, there are no houses fronting
on Juarez.
There being no further appearances, Mayor declared the
hearing closed.
Resolution 13787, ordering the vacation, was presented;
after which, it was moved by Beirich, seconded by Rose,
and unanimously carried, that Resolution 13787 be adopted.
PUBLIC COMMENTS:
a) Drainage Fees : Mayor stated that relative to Item
#4 following, he anticipated Council would honor
request of Tribal Council that the matter be continued
for two weeks for its review.
John Sanborn, Webb Engineering, questioned the urgency
of considering fees so quickly; that he did 'not think
there had been enough input regarding the fees ; that (114)
he recommended establishing a committee of local
design professionals to work with staff to develop an
adequate program; that he did not think the approach
taken by staff was justifiable; that he understood
that neither the Drainage Task Force or engineering
staff had reviewed the proposal ; that the 1967 master
plan shows the area east of Sunrise as totally unworkable;
that the Tahquitz project is different than that shown
in said master plan; and that he felt it would take
a couple months to reasonably study the issue.
In answer to question by Council , Mr. Sanborn stated
that his concern relates to the formula used; that
he agreed there is a drainage problem, but feels the
proposal was put together in a hurry; and that he
understood the need for establishing fees, and knew
of no other way to build the system, short of city-
wide assessment district.
Council Minutes
5-6-81 Page 11
PUBLIC COMMENTS (Continued)
Allen Perrier, representing three property owners
on Indian land, stated that it has been acknowledged
that developed land will not contribute to the cost
of implementing the drainage plan; that be believes
it is necessary to consider the kind of plan which
is workable, determine cost, and then spread cost
against all lands as appropriate method under
Subdivision Map Act; and that he did not believe
anyone was suggesting that the plan for the area
north of Vista Chino was capable of being built. CONT'D
(114)
Bob Mainiero, 2225 E. Tahquitz-McCallum, offered his
willingness to assist in developing a solution.
Albert Chaiken, purchaser of substantial former
Airport acreage, stated that when he originally
leased the property, with option to purchase, nothing
was said about flood control ; that he sold 88 acres
in 1979, and still has 22 acres, with possibility
of regaining 44 acres ; that application of the drainage
fee would mean $330-335,000; and that he questioned
the equity of this approach.
b) Bogie Road Bridge.
James Ailors, attorney representing W.F. Maxwell ,
Inc. , second low bidder for the Bogie Road bridge
spoke in support of staff recommendation to award
contract to Maxwell , and indicated availability to
respond to questions.
James Rodnick, attorney representing Poss Constructors,
Inc. , low bidder, expressed his understanding that (136)
staff contended irregularities in the Poss bid, which
related to failure to submit two sheets of paper
through a clerical error, i .e. , affidavit of non-
collusion and the information required of bidder
which includes list of subcontractors ; that both
documents have been filed with staff this date;
that Government Code Sections 4100, et seq, cover
conditions which require that subcontractors be
listed; and remedies are provided in the Government
Code, if it could be argued that listing of subcontractors
was required but not provided. He contended that
the listing was not required under Government Cade
provisions or by the bid documents of the City.
LEGISLATIVE ACTION:
3. C.U.P. CASE 5.0152 - T. SHOEMAKER FOR W.T. DEVELOPMENT CO.
On April 15, 1981 , Council tabled consideration on appeal
by Council of Planning Commission action relative to the (78)
above matter; applicant has given notice of withdrawal
of the application and intent not to proceed with the
project.
No action required by Council .
Council Minutes
5-6-81 Page 12
4. COMPREHENSIVE FEE SCHEDULE AMENDMENT - DRAINAGE FEES
Recommendation: That the Council adopt acreage drainage
fees in various amounts for three subdrainage areas in
the City.
It was moved by Rose, seconded by Beirich, and unani-
mously carried, that this matter be continued for two
weeks.
City Manager stated action taken two months ago should
have generated some concern in the engineering community
and perhaps recognition before this date; that the issue
of drainage has been an active issue in the last year;
that a committee of the Planning Commission reported to (114)
the Commission last Fall a recommendation to move toward with
immediate implementation of the master plan; that two
engineers served on that committee; that staff will need
some help in resolving the issue of fees and prioritizing
the work; that the key issue is need, and based on
observations and advice receivedfrom City Engineer, there
is a need to deal with growth in the community; and that
the real question is whether to take the time to resolve
all specifics and let growth continue, or to colllect
for some that may need to be built although not particularly
defined. He stated staff is looking forward to resolving
specific issues as implementation moves ahead.
5. MUNICIPAL INFORMATION SYSTEMS MASTER PLAN (AUTOMATED SYSTEM)
Recommendation: That the Council approve the Information
Systems Master Plan; authorize its immediate implementation;
and approve additional consulting services of Touche-
Ross & Co. , not to exceed 80 hours, for vendor selection. ( 7 $
Minute Order 2936-A, approving actions as recommended, and
Resolution 13788 appropriating $7,500 for additional consulting
fees, were presented; after which, it was moved by Field,
seconded by Beirich, and unanimously carried, that Minute
Order 2936-A and Resolution 13788 be adopted.
6. COMMUNITY SERVICES COMMISSION - CONSUMER PROTECTION ROLE
Recommendation: Consideration of Community Services
Commission recommendation to expand its role to 'include
responsibility for policy review of proposed consumer
affairs legislation having a significant local impact.
Councilwoman Ortner stated she felt the recommendation (60)
stemmed from the gasoline pricing issue; that it would
be a duplication of service which is provided by
Infoline, which seems to be able to handle the number
of calls sufficiently; that it could lead to the involve-
ment in self-interest groups; that the trend today is
to cutback regulatory practices and not increase them;
that it could lead to the expenditure of dollars for
self-interest groups, which might be better spent. for
the entire community; and that she was not in favor of
the recommendation.
Council Minutes
5-6-81 Page 13
6. COMMUNITY SERVICES COMMISSION (Continued)
Councilman Rose stated that the former Human Relations
Commission believed it could make recommendations to the
Council on these matters and he did not see this as
anything new in terms of the Community Services Com-
mission; that the Commission wants this role clarified
in writing, rather than an understanding of what it
can or should be doing; that he did not see this as
an area addressed by Infoline or any other commission;
that he did not see it as being regulatory or contrary
to intent of Prop. 13; that he understood that the work
would be done by the Commission and not staff, otherwise
it would not be done at all ; that he believed it is an
appropriate area for the Commission to see that those
concerns of citizens are appropriately discussed and looked
at; and that the Council can determine what is appropriate CONT'D
if it wished to take action. (60)
Councilman Field stated that he thought the Commission
already had discretion to act in this regard, and did
not see any need to add legitimacy to that discretion;
and that he assumed the Commission would continue to share
that which it considers important, regardless of the
Council 's decision on the recommendation.
Councilman Beirich stated that he could support the con-
cept on a trial basis ; that formalizing the role could
easily expand into a lot of staff work; that legislation
frequently moves quickly and there may not be time for
the Council to act, and issues could come up that might
be a potential conflict but not perceived as such if
only viewed from a consumer protection aspect; and that
regardless of a trial period, he would support the recom-
mendation with those caveats.
Mayor stated that he believed the Commission would continue
to ferret out information and reflect in its minutes that
which it may want to support; that he was comfortable
with the status of the Commission and its work program;
and that he did not support expanding its role.
Motion by Rose, seconded by Beirich, to approve expansion
of the role of the Commission, as recommended, failed
to carry by the following vote:
AYES: Beirich & Rose
NOES: Field, Ortner & Doyle
ABSENT: None
7. MUNICIPAL CODE AMENDMENT - HISTORIC SITE PRESERVATION
Recommendation: Historic Site Preservation Committee
recommends amending the Municipal Code to provide for
the designation and preservation of historic sites, creating
an Historic Site Preservation Board, requiring certain
construction and alteration to be approved by said board, (103)
and providing penalties for violation; and that the Com-
mittee be dissolved.
Councilman Beirich stated that the program has the
potential for a lot of staff work that may not balance
off against other City problems; that he believes it is
a good program, and there has not been a good job done
in terms of capturing the City's heritage; and that the
program has the potential for getting away from its original
intent and should be carefully monitored to guard against that
happening.
i
Council Minutes
5-6-81 Page 14
7. MUNICIPAL CODE AMENDMENT - HISTORIC SITE PRESERVATION (Continued)
Councilman Rase concurred and stated that he realized
the need for the ordinance, if only for the tax benefit
to retain some buildings which otherwise would riot be
retained; that he is concerned about the amount of
potential staff time, and never conceived that 'it could CONT'D
be ten hours per week; and that if there is no interest (103)
in establishing a sunset provision, there should be some
reporting back to the Council as to what is being required
in terms of staff time.
City Manager stated that the issue will be deals: with
in the 1981-82 proposed budget, and that perhaps the ten
hours per week will only be at the outset of the program
and not in the future.
City Librarian stated that the ten hours was based on
similar sized projects in similar sized cities ; that a
great deal of time could be spent working with property
owners in terms of the tax incentive, which would be on-
going; and that the Committee recommends Planner• I staffing
level , with the probability of a lot of volunteer assistance.
Mayor agreed that the City will have to be very selective,
and, if after a year, the program is not being effective,
it should be reviewed.
City Manager read title of the Ordinance, as recommended,
after which, it was moved by Field, seconded by Ortner,
and unanimously carried, that further reading be waived,
and that the Ordinance be introduced for first reading.
8. MUNICIPAL CODE AMENDMENT - AUCTIONS (Introduced 4-15-81 )
City Manager read title of Ordinance 1139, as follows :
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 5.04.080 TO
CHAPTER 5.04 OF THE MUNICIPAL CODE TO PROVIDE
FOR AUCTIONS FOR NONPROFIT PURPOSES. (103)
and noted minor language correction in the first paragraph
of said section to read: ". . .purposes or activities which
have qualified for income tax. . . "
It was moved by Beirich, seconded by Rose, and unanimously
carried, that further reading be waived, and that Ordinance
1139, as corrected, be adopted.
9. TENNIS CENTER
Recommendation: Consideration of Community Services Com-
mission recommendation that the City retain its leasehold
interest in the Tennis Center site, and authorize solicita- 0 17)
tion of proposals for its operation. Item continued from
meeting of April 15, 1981 .
In answer to question by Council , City Attorney stated
that there would be no legal problems with the School
District lease in endorsing the Commission's recommendation.
In response to comment by Mayor, City Manager stated that
if the Council approved the recommendation, staff would
come back to the Council with specifics for review prior
to soliciting requests for proposals.
It was moved by Rose, seconded by Field, and unanimously carried,
Beirich abstaining, that the Commission 's recommendation be approved.
Council Minutes
5-6-81 Page 15
10. TAHQUITZ WASH BIKEWAY PROJECT
Recommendation : That the Council approve grant agree-
ment with the State Dept. of Transportation, for 1981
Bicycle Lane Account Funds, in the amountof $99,000,
to construct portion of the bikeway from Sunrise Way
to Farrell; and appropriate $9,000 for the City's
matching share. (109)
Minute Order 2937, approving the grant agreement, and (61 )
Resolution 13789 amending the budget, were presented.;
after which, it was moved by Beirich, seconded by Rose,
and unanimously carried, that Minute Order 2937 and Resolu-
tion 13789 _be adopted.
11 . WASTEWATER TREATMENT PLANT EXPANSION - PLANS & SPECS
Recommendation: That the Council approve plans and
specs for the plant expansion and plant upgrading grant (127)
fundable project, and authorize call for bids.
Resolution 13790 , approving recommendation re expansion,
and Minute Order 2938, approving recommendation re grant
fundable project, were presented; after which, it was (61 )
moved by Rose, seconded by Beirich, and unanimously carried,
that Resolution 13790 and Minute Order 2938 be adopted.
12. BOGIE ROAD BRIDGE
Recommendation: That the Council award contract for
construction of the Bogie Road Bridge to W.F. Maxwell ,
Inc. , in amountof $3,017,670; and amend the budget to (136)
appropriate additional funds in amount of$17,735. (61 )
Assistant to Director of Community Development stated
that documents omitted from bid of Poss Constructors
were filed this date, but still failed to list sub-
contractors.
City Attorney stated that he agreed with staff recom-
mendation and that, if for any reason staff recommenda-
tion was not to be followed, he would recommend rejecting
all bids.
Councilman Rose questioned whether the Government Code
section referred to by Mr. Rodnick would override the
City's bid requirement.
Mr. Rodnick stated that the City's specifications refer
to the Standard Specifications for Public Works (referred
to as the "green book") which refers to said Government
Code section; and that the Government Code section does
not require the listing of subcontractors, but even if
deemed to be required, the contractor would be deemed
to perform the work without subcontractors, and if he
proceeded to use subcontractors, then he would pay the
penalty, which he understood was 10% of the bid.
City Attorney stated that there is specific reference
in the bid specifications that all bid documents are 'to
be completed; that there is a reference to the green
book which refers to said Government Code sections;
that he believed the specifics of the bid document and
contract would prevail over general provisions of the
green book; that if there was an ambiguity or something
was not clear to the bidder, he had an obligation to
clarify that; that there was a pre-bidding meeting at
which any confusion about that subject could have been
Council Minutes
5-6-81 Page 16
12. BOGIE ROAD BRIDGE (Continued)
clarified; that there are portions of the contract which
do not relate to road or bridge work, e.g. , water line
and levee, although the levee could be questionable;
and that regarding penalties prescribed in the Govern-
ment Code, if the contractor uses sub-contractors even
though they have not been listed, a 10% penalty is an CONT'D
alternative to cancellation of the contract. (136)
(61 )
Councilman Beirich stated that the Council spent time
in closed session reviewing the legal issues and is
satisifed with the City Attorney's recommendation.
Minute Order 2939,awarding contract-,and Resolution 13791 "
amending the budget, as recommended, were presented; after
which, it was moved by Beirich, seconded by Ortner, and
unanimously carried, that Minute Order 2939 and Resolu-
tion 13791 be adopted.
CONSENT AGENDA:
13. Minute Order 294o approving amendment No. 1 to joint powers
agreement with the County to perform preliminary engineering (109)
for construction of the Coachella Valley Bikeway.
14. Resolution 1379Z appropriating Federal Revenue Sharing
funds to be received in excess of the amount originally
budgeted for police officer salaries; and authorizing (61 )
Finance Director to charge actual expenditures for such
salaries, originally to be applied to the General Fund ,
to the Revenue Sharing Fund.
15. Minute Order 2941 awarding purchase of 40 tons of MS-4 street
crack seal materials to Sahuaro Petroleum and Asphalt Co. , (136)
only bidder, in amount of $29,680.
16. Minute Order 2942 awarding purchase of crack sealing
machine to Sahuaro Petroleum and Asphalt Co. , only bidder, (84)
in amount of $12,031 .
17. Minute Order 2943 awarding contract to E.L. Yeager
Construction—Co—. , Inc. , for street improvement of two (136)
portions of Ramon Road, generally between Calle Encilia
and Sunrise Way, in amount of $76,983.
18. Resolution 1.3793 approving Tentative Tract Map 15637 (137)
for property on Mesquite Avenue, between Vella Road and
Williams Road, Mainiero/Bogie-Mesquite Business Park.
19. Minute Order 2944 approving waiving bidding procedure
to pay for emergency single-source repairs to Fire (84)
Unit 131 , in the amount of $7,344.13, to American ILa France.
20. Resolution 13794 approving one-year time extension
for Tentative Parcel Map 14750 for property located on (119)
Highway 111 and Escoba Drive, existing 210-unit apartment
complex.
21 . Resolution 13795 approving Tenative Tract Map 17642
for property on the NW corner of Sunrise Way and San (137)
Rafael Drive, 400 mobilehomes and 350 single-family
units, AFCOM Partners Ltd.
22. Resolution 13796_ commending Sheriff Frank Bland of
San Bernardino County for his years of outstanding) (74)
public service.
Council Minutes
5-6-81 Page 17
CONSENT AGENDA (Continued)
23. Minute Order 2945 designating mayor and mayor pro tem
as representative and alternate representative to the (104)
Citrus Belt Division of the League of California Cities ,
for the period October 1 , 1980 through September 30, 1982.
24. Resolution 13797; supporting legislation to remove the
restrictions and prohibitions on the use of natural gas (98)
in utility power plants.
25. Resolution 13798 establishing Council committees relative (114)
to applications for City boards and commissions , and rescinding
Resolution 13369.
26. Resolutions 13799 and 1 �8 approving Payroll Warrants (86)
and Claims & Demands.
It was moved by Beirich, seconded by Ortner, an,i unani-
mously carried, that Resolutions 13792- through 13800 and
Minute Orders 2940 through 2945 be adopted.
REPORTS & REQUESTS:
27. DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Treasurer's Monthly - February, 1981
b) Proceedings & Accounting Report for abatement of
public nuisance at 712 Spencer Drive (Hearing thereon (57)
to be set by City Clerk for 5-20-81 ) .
28. CITY COUNCIL reports or requests
a) Councilwoman Ortner stated she has received comments
that the flashing light at Ramon Road and Compadre
Road is not fulfilling the purposes for which the
St. Theresa School parents had hoped it would.
29. PUBLIC reports or requests - None
30. STAFF reports or requests - None
ADJOURNMENT
There being no further business at 11 :20 p.m. , Mayor
declared the meeting adjourned to Tuesday, May 19,
1981 , at 1 :30 p.m. , in the Large Conference Room, City
Hall , for purposes of joint hearing with the Tribal
Council ,
NORMAN R. KING
City Clerk
L Y : JUDITH SUMICH
Deputy City Clerk