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HomeMy WebLinkAbout8/18/1987 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES AUGUST 18, 1987 A Special Meeting of the City Council of the City of Palm Springs, was called to order by Mayor Bogert, in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Tuesday, August 18, 1987, at 3:00 p.m. ROLL CALL: Present: Councilmembers Apfelbaum, Birer, foster, Smith and Mayor Bogert Absent: None LEGISLATIVE ACTION: 1. TAXICAB FRANCHISE Recommendation: That the City Council select Country Club Limousine as the exclusive taxicab franchise, and instruct staff to negotiate the franchise agreement for City Council consideration on September 2, 1987. Director of Transportation & Energy stated that, in order to allow time for requests for proposals to be prepared and circulated, the taxicab franchise agreement with Desert Transportation was extended to August 31, 1987 ; that the proposals included: 1) a large vehicle, uniform in color and make; 2) supervision at the Airport during busy times; and, 3) a zoned-rate system. He stated that proposals were ' received from Desert Transportation dba Desert Cab, Country (89) Club Limousines, and Zahir Shalizi , and that the Finance Department thinks that any one of the applicants could handle the franchise. He stated that staff reviewed the financial information of each company; that interviews were held with each company to clarify proposals; that the process is complete with many issues covered, such as number and type of vehicle, type of service, and rates and charges; that no weight was given to any one of the bidders; and that staff thinks Country Club Limousine would provide the best over-all service to the community, and recommended it receive the franchise. He stated that Country Club Limousine proposes a zoned-rate system as well as the required meters, with the Valley broken into zones, and rate cards and maps in each cab, and has agreed to a flat rate of $3 for a mile or less within the City limits; that although there has been no problem with the meter system, the zone rates would eventually eliminate meters; that the cabs will be white station vragons, or a color of Council 's choice; and that Country Club Limousine was the only applicant who proposed having a dispatcher at the Airport, within their leased space, and that limousines would be utilized if all cabs were in use; that vehicles will be purchased within three weeks of receipt of the franchise, and cabs would not be stored at the Airport; and ' that drivers will not be contract employees. He stated that there never was a preconceived idea that Country Club Limousine Services would receive the franchise. Upon questioning by Council , Director stated that Desert Transportation has had the franchise approximately seven years ; that there have been no written complaints, and few verbal complaints; and that, in his opinion, it would be a gamble to go with a new company. He stated that staff anticipated presenting the proposal to Council at the August 19, 1987, Council meeting, which has since been cancelled, Council Minutes 8-18-87, Page 2 1. TAXICAB FRANCHISE (Continued) and that there is some urgency in approving the franchise, since the day after the franchise expires, the City would be without cab service. He stated that the fee structures of the three proposals are basically the same, and that Country Club Limousine is considering a franchise fee of 5% plus 50t per trip; that about 50% of the cab business is at the Airport, but during the summer, business slows considerably. He stated that if there is a problem with people waiting at the Airport for a cab, additional vehicles could be required; and, that cab service would be a new operation for Country Club Limousine Service. Mayor declared the hearing opened. Keith Shibou, Certified Public Accountant for Mrs. Grannis, stated that it appeared to him that questions had been presented to Country Club Limousine Services after the Director of Transportation and Energy received Desert Transportation's report, and questioned why Mrs. Grannis was not given the opportunity to respond to any purported deficiencies in her proposal , if it was determined by the Director of Transportation that there were deficiencies.. He stated that the implication that Desert Transportation was "cash-thin" is erroneous ; that the July 1, 1987 financial statement presented to Council indicated that Desert Transportation currently has available approximately $50,000 in cash assets , vs. $1,800 in accounts payable, with outright ownership of 21 vehicles, and $1,062 owed on only one cab;, that the company contributes to an employee pension fund, which has a very substantial amount of assets, and Mrs. Grannis, in her own right, has personal financial assets. He stated that the report of the Director of Transportation and Energy indicates that Desert Transportation is a decaying business with ancient vehicles, but in reality the company is a. well-maintained, growing fleet of vehicles, with continuous plans for modernization which have been held up only because of the delay in granting the renewal of the franchise, and that Mrs. Grannis was unprepared to commit to two additional vehicles, due to that uncertainty; that Desert Transportation, unlike the other franchise applicants, recognizes from experience that there is a need to provide additional vehicles, and from Mrs. Grannis' experience the requirements of the franchise proposal are inadequate to meet the need for a 15 minute response time; that Desert Transportation' s vehicles are owned, and not leased, and, in his opinion, Mrs. Grannis has made a permanent commitment to provide a high quality of service for all areas of Palm Springs; that Mrs. Grannis has received a commendation plaque from the former Director of Transportation, Mike Merrey, for her services to the City; that based on her commitment, the members of the Council have a clear duty to make the words on that plaque a reality, and not a hypocrisy; and he questioned if a franchise should be taken from an established, experienced company, operating virtually commplaint free for nine years, and given to Country Club Limousine, a company with no cab experience, and he questioned if Country Club Limousines should be given a monopoly on all ground transportation in Palm Springs, which would prohibit the public from having a choice between meter rates or limousine rates. Mike Harris, attorney for Mrs. Grannis, stated that the City has been fortunate in having the Desert Transportation, which is a young company with dedicated people ; that during the r: a Council Minutes 8-18-87, Page 3 1. TAXICAB FRANCHISE (Continued) franchise period there were no written commplaints brought to Mrs. Grannis' attention, but that if there had been, they would have been corrected; that vehicles have been continuously inspected for mechanical problems; that the commpany is a proven, quality resource; and, that Mrs. Grannis has stayed with the City for seven years, increased the number of vehicles, and committed her financial resources; and that, in his opinion, there is nothing wrong with the City remaining with a company that has performed well . He stated that he hoped the Council would remember the statement of the Director of Transportation, that it would be a gamble to go with another company; and, that for Council to grant something as important as the taxicab franchise on a gamble, when the City has an existing, proven company, would be a difficult decision, and would make no sense; and that the City should seriously consider indicating to Mrs. Grannis that what she has done is exemplary, and it knows she will continue to do so, and that the City will remain with a proven resource. Ruben Carbajo, 43376 Cook Street, Palm Desert, Desert Transportation driver, stated that, from his previous experience driving non-metered cabs in Washington D.C. , the zoned-rates do not work; that a cab company operates on reliability, utilizing employees who work each day and are on time; that he has been employed by Mr. Miller in the past ' and, in his opinion, Country Club Limousine employees remain only a short period of time; that Council is not only gambling with a new company, but also with a company that, in his opinion, cannot retain its employees; that the cab business is difficult, and drivers are not willing to do anything extra if they are poorly paid. He stated that cabs cannot be at the Airport continuously, and that he is not aware of any problems with the current cab service at the Airport, nor with the drivers. Hobert Clay Wehir, 39501 Bellaire, Desert Transportation driver, stated that Mrs. Grannis is a lady with much dignity; that the cab drivers are aware of the people in the community; that Palm Springs is an international resort; that cab drivers are the first people visitors see, and it is the driver's job to see that people are happy; that all the drivers try to Find a better way to serve the people; and that Mrs. Grannis cares for the community, and makes sure everyone receives fair treatment. Ray Greene, 888 West Drive, No. 363, Morongo Valley, supervisor for Desert Transportation, stated that the cofipany employs six or seven drivers who were previously employed with Country Club Limousine Services; that Desert Transportation does not tolerate lying from any of its drivers; that he has been in the cab business for 20 years, and is proud to work for Mrs. Grannis. He stated that the City cannot expect a company to pay $15,000 to $20,000 for extra cabs if there is a possibility that it would not receive the franchise, and not be able to recover the money; that there is a problem when people wait for a cab and receive false information; that if planes arrived staggered the company could handle Vr e .1 Council Minutes 8-18-87, Page 4 1. TAXICAB FRANCHISE (Continued) the number of people requiring cab service; and, that if the need is there and the company has the franchise, the need can be handled, but it takes time to get people to their destination. Dennis Bazanet, 66953 Buena Vista, stated that, in the 26 years he has lived in Palm Springs, he has seen growth and problems in the area; that he has worked for Desert Transportation for over three years, and the cab company has grown; that if the City would look at Mrs. Grannis' maintenance and growth record, the business has tripled and grown by approximately three cabs per year; that this is not a cab city, and there are times when more cabs are needed for short periods of time than are available. He stated that the Airport has been covered in recant years because there are limousine companies who are acting as "glorified" cabs; that hotels have shuttle systems competing with the cab company; that Sun Bus tried to improve business and give service every half' hour, but did not get people to ride the bus; that most people are not accustomed to taking cabs; that with a five-month tourist season, a business cannot continue for only five months out of the year, and be expected to stay in business; that a business must grow on an annual basis and, in his opinion, Mrs. Grannis has accomplished this. , Zahir Shalizi , franchise applicant, stated that he feels that he was not given enough time to prepare a proper proposal ; that he thinks the recommendation to give Country Club Limousine Services the franchise was pre-arranged; and, that he thinks Desert Transportation should be given the franchise, since they have been doing a good job with no complaints. There being no further appearances, the hearing was closed. It was the consensus of the Council that the company operates well , and there is no reason to change. MO 3994 selecting Desert Transportation d,ba Desert Cab as the exclusive taxicab franchise and authorizing staff to negotiate a franchise agreement for City Council consideration on September 2, 1987, was presented; after which, it was moved by Birer, seconded by Apfelbaum, and unanimously carried, that MO 3994 be adopted. Councilmember Apfelbaum stated that there is a difference of opinion between the staff and Council which needs to be clarified, and the Council should not overrule staff's recommendation without knowing what transpired during the review process. ' City Manager stated that, although staff' s recommendation differs from the Council ' s decision, it was based on what was thought best for City services, and that the issue that needs to be clarified is that there appears to be different information. Council Minutes 8-18-87, Page 5 1. TAXICAB FRANCHISE Director of Transportation stated that interviews were not previously held with every Desert Transportation driver, but staff does not think it is incorrect in its decision; that it was a difficult choice for staff, but it is a Council decision; that all three companies would benefit the City; that there was no preconceived idea who would receive the franchise, and an opportunity was given in interviews for each company to clarify its capabilities; that the process of selection worked the way it was designed to; and, that staff would go with Council ' s decision. Councilmember Smith stated that it was a difficult choice; that after reading the report, Desert Transportation' s financial position seemed precarious, but after listening to responses to questions, that matter has been clarified; and, that he did not think Council was actually going against staff recommendations. 2. DISPOSITION OF WELWOOD MURRAY LIBRARY Recommendation: That Council find the sale of the Welwood Murray Library in the public interest and convenience and state its intention to sell and set the time of hearing of protests to the sale for September 2, 1987 at 7:30 p.m. . Director of Redevelopment stated that on July 15 Council approved Resolution 16250, directing staff to proceed with the steps necessary to take action on the property; and, that the City Attorney has studied the Government Code, and hasi set out the method by which the City should proceed to consider the sale of the property. He stated that the issue is that if Council wishes to proceed, it must adopt a resolution stating its intention to sell , and setting a time and place for protests, �99) and he reviewed the proposed resolution; that Council would still need to clarify other issues, such as the specific design of the Library, but these issues do not need to be a part of the proposed resolution; that the deed restrictions relative to maintaining a portion of the library also need to be a part of any future agreement; and that proposed action is not to finalize the sale of the property, but whether the Library should be sold. City Attorney stated that there is some urgency in obtaining Council approval , since John Wessman has a December i deadline to meet to obtain financing. Councilmember Foster expressed concern that the Council meeting, to be held September 2, 1987, would be part of the Labor Day holiday; that the Council has been criticized in the past for handling important issues in the summer when few people are in the City; that Council has taken a position that no important issue would be decided while people are out of the City for the summer; that many people would be returning after the Labor Day weekend; and, that many people would like to be at the hearing, and that postponing it is not critical , and the hearing should be scheduled for September 16, 1987. City Manager stated that staff appreciated Council ' s concern, however, it was understood that Council had made a policy decision and, based on that decison, it is the recommendation of staff that the issue be heard on September 2; and that further delay might endanger the project. Council Minutes 8-18-87, Page 6 2. DISPOSITION OF WELWOOD MURRAY LIBRARY (Continued) Alex Jablow, 140 Primavera Drive, stated that he hoped the Council still had an open mind; that the City would have to consider the property surplus, and he questioned how the City could come to that conclusion; that an impartial pool of 1,100 citizens responded to a survey, and stated they would like the Library to remain as it is; that the Library Board has made a unanimous recommendation to maintain the Library as it is; that he questioned how the fair marlket value of the property was arrived at; and that he considered September 8 or September 9 a more appropriate date for the hearing. Ruth Licata, League of Women Voters, 530 North Calle Marcus, stated that the League urges postponing the meeting of September 2 to September 16, but would be satisfied with holding the meeting on September, 9; that she has difficulty accepting the opinion of the lawmakers, no matter how justified or beneficial that decision might appear, and that: the Council leaves itself open to the charge that important issues are heard when people are out of town; and that -the meeting should be held on September 9, 1987. John Wessman, 72200 Clancey Lane, Rancho Mirage, stated that if the meeting is postponed beyond September 9, it will create a financing problem for him. Jeremy Crocker stated that Section 3 of the proposed Resolution ' of Intention contains the words ". . .design now approved by the Planning Commission. . . " ; that the design proposed for the Welwood Murray Memorial Library pertains to a. Class 7 historic site as previously designated by the Council , and the proposed design would change the structure, trim, glazing and lettering; that Section 8.05. 125 of the Municipal Code states that a Class 7 historic site may not be modified, nor objects removed; and that, therefore, the Planning Commission' s action would be contrary to the ordinance, and to retain its ratification in the present resolution would bring into question the entire proceeding. Mayor stated that comments should be made at the hearing on the issue at hand; that the Council has the authority to change a historic site classification ; and that (he City Attorney has given his opinion that the Council can reduce the historic site category, or approve changes to the exterior but, with respect to changes to a Class 7 historic site, the Council must first approve the change. Resolution No. 16272 finding the sale of the Welwood Murray Library in the public interest and convenience and stating its intention to sell the Library, and setting the time of hearing of protests to the sale for September 8, 1987, at 3:00 ' p.m. was presented; after which, -it was moved by Apfelbaum, seconded by Foster, and unanimously carried, that Resolution No. 16272, be adopted. ADJOURNMENT: There being no further business, the meeting was adjourned. UUITH SUMICH City Clerk By: PATRICIA JONES Assistant City Clerk