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HomeMy WebLinkAbout1990 - MINUTES - 7/11/1990 CITY OF PALM SPRINGS CITY COUNCIL MINUTES " JULY 11, 1990 An Adjourned Regular Meeting of the City Council was called to order by Mayor Bono in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, June 11, 1990, at 7:30 p.m. ROLL CALL: Present: Councilmembers Broich, Hodges, Murawski , Neel and Mayor Bono Absent: None The meeting was opened with the salute to the Flag and an invocation by Rev. John Blayney, Church of Religious Science. REPORT OF POSTING OF AGENDA: Report of City Clerk: Agenda posted in accordance with Council policy on July 6, 1990. 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 . APPROVAL OF MINUTES: It was moved by Broich, seconded by Neel , and unanimously carried, that the Minutes of June 22, 1990 be approved. PUBLIC HEARINGS: 1. SLMD 1 & 2 Recommendation: That the Council confirm spread of assessment for Street Lighting Maintenance District No. (056— 1 and 2, being Belardo/Cahuilla Road area. and McManus 004" Drive, respectively, for fiscal year 1990/91. 005) Memorandum of Director of Community Development reviewed by Contracts Administrator, who noted that the assessments are slightly increased over last year. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. Resolutions 17180 and 17181, as recommended, respectively, were presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R17180 and 17181 be adopted. 2. SLMD 3 Recommendation: That the Council overrule the protest and confirm the spread of assessment for Street Lighting Maintenance District, being the Crossley Tract, for 1990-91. (056- 007) Memorandum of Director of Community Development reviewed by the Contracts Administrator, who noted that the assessments are slightly less than last year, due to a credit from previous year. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. Resolution 17182, as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R17182 be adopted. Council Minutes 7-11-90 Page 2 3. SLMD 4 Recommendation: That the Council overrule the protest and confirm the spread of assessment for Street Lighting Maintenance District, being the Eagle Way area, for 1990-91. Memorandum of Director of Community Development reviewed (056) by the Contracts Administrator, who noted that the 008 assessments are slightly lower due to a credit from the previous year. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. Resolution 17183, as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R17183 be adopted 4. PMD 6A, 6B & 6C Recommendation: That the Council overrule protest and confirm the spread of assessment for Parkways Maintenance (138- Districts 6A, 6B, and 6C , for 1990-91. 001 Memorandum of Director of Community Development was reviewed by the Contracts Administrator, who noted that: the assessments in Districts 6A and 6C are slightly reduced, and there is a slight increase in 6B. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. Resolution 17184, as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R17184 be adopted,. 5. PARKWAY MAINTENANCE DISTRICT NUMBER 8. Recommendation: That the Council overrule protest and (128 confirm the spread of assessment: for Parkways Maintenance 028- District 8, being Tract 23853-1 and Parcel Map 25864, 03) for 1990-91. Memorandum of Community Development was reviewed by the Contracts Administrator, who noted that the Council approved the formation of the district, which currently is a single- family project under construction; and that upon sale of the individual homes, the assessments will be paid by the homeowner, but until then, the single-owner developer is responsible for the entire assessment. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. Resolution 17185, as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R17185 be adopted„ 6. PUBLIC ART FEES Recommendation: That the Council approve Planning (103- Commission recommendation allowing no change to the Zoning 039 Ordinance regarding Public Art Fees at this time. Mayor reported at the beginning of the meeting that this matter was pulled from the agenda, and would be renoticed. Council Minutes 7-11-90 Page 3 7. TPM 25795 - ALEXANDER, BORIS & MICHAEL ROSE Recommendation: That the Council approve Tentative Parcel Map 25795 to re-subdivide two parcels of property located (119- at 708 W. Ramon Road, R-1-A Zone, Section 15. 001) Director of Community Development highlighted his report, which was reviewed at the study session. Mayor declared the hearing opened; there being no appearances, the hearing was closed. Resolution 17186, as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R17186 be adopted. 8. DESERT CAB Recommendation: That the Council receive and review additional information to be presented by Desert Cab concerning the removal of part of the exclusivity provisions of the License Agreement. Public hearing not required, but opportunity provided for public comment. (143- Director of Aviation reported that on June 6, the Council 00111 adopted Resolution 17137 to deny a rate increase, and to remove exclusivity at the Airport, to allow other cab companies to provide service at the Airport; that the action allowed Desert Cab Company until the effective date of the action, September 15, 1990, to present additional information why such action should not occur. Mayor inquired if anyone wished to be heard. David Baron, Attorney representing Desert Cab, 600 Tahquitz Way, requested that the Council reconsider its action; that the revocation of exclusivity was done without notice to the company, which is required to be thirty days under the terms of the agreement; that the company made a substantial investment based on the exclusivity, and without it, it is at a disadvantage with competitors; that the company under the agreement is bound by tulle responses, which other companies are not subject to; that the Council should justify its actions with findings; and that the company will be in a liability position without the exclusivity, and rate increase. Keith Sheibo, CPA, highlighted his report which had been submitted to the Airport Commission and its staff, and which was reviewed by them in detail over a period of time, and to which there were no unanswered questions of either the Commission or staff, and neither had any quarrel with the figures; that the company lost $300,000 last year, and based on the same rates, tAfiII lose the same amount next year; that the major impact on revenue was beyond the company's control , in that the ruling that drivers are employees of the company, and not 'independent contractors, resulted in a worker's compensation increase of 17% of payroll tax, coupled with increased insurance and other costs of $200,000 over what was previously paid; that the company purchased a relatively new fleet, as Council Minutes 7-11-90 Page 4 B. DESERT CAB (Continued) per terms of the agreement, to provide a higher class of service; that the loss does not reflect, any management fees paid to the owners of proprietors of the company; that an ex-employee at the last meeting alleged that the loss was based on mismanagement and other reasons, none of which were documented or based on fact; that -there were no questions asked at either the study session , nor the Council meeting about the financial information; that the rate increase will only allow an amount sufficient to break even; that 95% of the company' s business is tourist related; and that the City receives a 4% fee.. Bob Gellis stated that the prior owner of the company operated the business without a loss, and he did not believe the amount which was reported; that local user's of the company will suffer if the rates are increased; that competition is great; that he thought the agreement should be monitored by the City Manager's Office; and commented on financial settlement, as a result of a driver dispute. In answer to question by Council , City Attorney stated that there are two procedures that can be followed, i .e. , one is to give notice that the Certificate of Public Convenience and Necessity is not being met., which requires 30 days, after which a due process hearing is held (which could be either by the City Manager or his ..designee) , from which an appeal could be made to the legislative body; and the other relates to Article XV of the agreement, which provides that annually on the anniversary of the agreement the Council reserves the right to make changes in the agreement; with respect to modifying, amending, altering, changing, or eliminating any of the provisions of the license, or any resolutions adopted thereunto, including to eliminate or delete such conditions as prove obsolete or impractical ; that it was his understanding that it was the second instance in the agreement on which the projected change was based and the reason the effective date was on the anniversary of the execution of the agreement; that there had been a proposal that the company be granted a rate increase with a change in the process at the Airport as an offsetting condition; that the Council ' s action was to deny the rate increase, but to keep the off-setting condition; that in controlling the rates, there is an obligation to provide a fair return, and the decision must be based on evidence presented; that if the Council concludes that no increase is warranted, it is by implication finding that the figures are not in some way not correct. In answer to question by Council , City Attorney stated that a rate increase may be requested at any time; that when it is brought up, it opens up the possibility that the Council will grant it in exchange for changes. Councilmember Hodges stated that she expected to receive more information -from the company, than what it presented before, and would like this matter continued to July 25, to permit a review of the information. Mayor stated that there is potential liability, and innuendo that there may be some substantial points being made which should be considered by the Council to make certain its action is legal ; and that he and Councilmember Broich Council Minutes 7-11-90 Page 5 8. DESERT CAB (Continued) reviewed the company' s records in detail to see if there were other answers to the charges which were being made by the drivers, and he, honestly as a businessman, did not think the company could make any money as it now stands. Councilmember Neel stated that he would like to finalize a decision at this time. It was moved by Hodges, seconded by Murawski , and carried by the following vote, that this matter be continued to July 25. PUBLIC COMMENTS: a) Public Art: The following persons spoke in support of retaining the Public Arts Ordinance in its present form, and not waiving it for individual developers in the CBD, based on the following: developers throughout the State, and elsewhere, are familiar (102- with the fee, not opposed to it, find it beneficial 039) to have art associated with their projects; opens the opportunity for corruption and favoritism; enhances the community overall , serves as a marketing tool for the community, causes people to linger in outdoor spaces, spending more money with merchants; pool of funds will grow slowly because of already developed areas; fund is self-supporting, positive program for the downtown area, and should downtown progress should not be undermined; and is supported by local downtown groups" Katherine Hough, 20933 Smokewood, member, of the Public Arts Commission Sydney Williams, 1009 Andreas Palms Kathleen Cluell Janice Lyle, 215 Linn Circle, for HSPB member, currently on Main Street, provided Main Street Board resolution in support. Betty Renegge (?) , 1401 Verbena Alice Sleight, 650 Linda Vista Hunter Johnson, 245 Vereda Norte, 121 S. Palm Canyon, member of Public Arts Commission. Councilmember Murawski stated that everyone went in the wrong direction in response to what he asked for; that he wanted to know what the possibilities were to negotiate with a builder if something came up; that he never wanted to do away with thie public arts program; that he would withdraw his request at this time for any changes in the ordinance; and that he wants to make certain the public is always aware of choices the Council might consider in dealing with developers. b) Peter Shapiro, 3444 San Domingo, and Charles Mayer, 2074 Lagarto Way, and Ms. Ronnie Peters, 362 N. Palm Canyon, each commended the Councilmembers for the work they have done in the past few months, particularly (061- the budget; and Ms. Peters presented Ot unsigned lists of persons, including herself, - one endorsing the Council 's action concerning the budget, and one urging proceeding with the P.S. Performing Arts complex. ^ . Council Minutes 7-11-90 Page 6 c) Dick Sroda also commended the Council , and expressed his opinion of city staffing levels, salaries and budgeting, and that restructuring would result in (069- accomplishing what needs to be done within the dollars 009) available. d) Ruth Licata, 530 N. Calle Marcus, read a letter from the League of Women Voters, expressing concern about recent Counc'i1 closed meetings, and (provided a copy of booklet, entitled, "A User's Guide to the Ralph M. Brown Act." e) Raceway: Chuck Knox, 145 Oasis Road, and Robert hlye, Palm Springs resident, spoke in support of the raceway project, stating that traffic will be impacted less than by (116- the development of permitted uses in the07,49ea; that 074) the developer has agreed to all mitigation measures and conditions; and that the Council should support the project. Cindy McAhern, 211.9 Tachevah, suggested that in-lieu of placing the raceway issue on the ballot, the Council might consider alternative ways of getting the needed public input, e.g. , a special public hearing devoted to that purpose only. Bill Byrne, 301 Overlook, suggested that the Council do nothing concerning the raceway, and let the developer pay to put it on the ballot f) Paul Kamins, Chairman of the Parks & Recreation Commission, asked that the Council consider access to hiking and horseback riding trails when it considers new projects; and that an impact of balancing the (061- budget may lead to deterioration and loss of the beauty 009) which attracts tourists if maintenance -is not sustained. g) Wendy Hamilton, 823 E. Via Escuela, as a citizen, stated that she is aware of standing nuisance water, particular from the standpoint of a bicycle rider, on streets throughout the community; and that reduced street maintenance could result in the City lacing a severe liability problem. h) George Goldberg expressed his opinion about the former City Manager, the City Attorney, and various other staff members, their salaries, the need for their positions, and the size of offices,; and that the seven-member council district, with the mayor selected from the council for one ;year, be reinstituted as it was in 1963. i ) Mayor Bono stated that it is not the Council ' s goal to proceed as a 3-2 Council ; that at times, all members disagree on issues, but everyone wants what is best for yPalm Springs, even though that may not be the same thing to each member; that to reinforce a "3-2" mentality is a disservice to the Council , and a negative contribution to the whole, and he questioned why people Council Minutes - - ? 7-11-90 Page 7 i ) Mayor (Continued) want to perpetuate a split council , rather than urge a unified council ; that the budget was balanced, and he has no hard feelings about it, nor is it a cure all for the community, in that it will not perpetuate the revenue the community needs, nor protect citizens from the need for taxes; that if businesses openhere and cannot stay open, the burden falls on the citizens; that Palm Springs does not compare to down valley, in terms of what they are offering, but that does not mean that it cannot - that it will mean striving, sacrificing, and giving in order to get to an equivalent position; that he is willing to do what is needed, not compete, but to create a produce that will be competitive and produce the needed revenues; that he does not expect everyone to agree with each other, and there are times when it is necessary to go "head-to-head", but the Council has expressed a desire to see if it can move forward together; and that he hoped negative comments would be turned into creative thoughts, and positive words. Councilmember Murawski thanked the Mayor for his comments, and for the words of commendation spoken by the audience; that at the closed session on June 29, Councilmembers tallied about how they can communicate better with each other; that this is a five-person council , and individually they can disagree, and do so with respect and clarity. Councilmember Broich stated that at that session, Councilmembers "agreed to disagree" ivi an orderly manner, and to move on, 9. REAL ESTATE OPEN HOUSE DIRECTIONAL SIGNS Recommendation: That the Council continue the Real Estate (114- open house directional sign program and authorize the 006) proration of sign permit fees. Building & Safety Director highlighted the memorandum of Director of Community Development, which was reviewed at the last study session; and recommended amending the Comprehensive Fee Schedule to provide an annual permit fee, proration, thereof, and fee for the return of signs erected without permit. Resolution 17187 , amending the fee schedule, was presented; after which, it was moved by Broich, seconded by Murawski , and unanimously carried, that R17187 be adopted, 10. AIRPORT TERMINAL EXPANSION Recommendation: That the Council authorise Gensler and Associates to commence working drawings for the terminal (051- building with an interim construction cos;; estimate of 055) $21.8 million as the basis of the contract. Director of Aviation noted that this was reviewed at the study session; and in answer to question by the Council , stated that this was the first major project that the Planning Commission looked at without an AAC, and wanted time to review it; that a full study session will be Council Minutes 7-11-90 Page 8 10. AIRPORT TERMINAL EXPANSION (Continued) scheduled with the Planning Commission and the architects, however, the main focus is on the interior which Airport patrons see, and not the field side of the Airport, which is only seen by the pilots. Resolution 17188, as recommended, was presented; after which, it was moved by Neel , seconded by Broich., and unanimously carried, that R17188 be adopted; and that the Mayor send a letter to the Planning Commission expressing the Council 's desire that 'the Commission fast-track this project, recognizing that the Airport Commission, and Council subcommittees have gone through it in detail . 11. AIRCRAFT PARKING RAMP PROJECT EXPANSION Recommendation: That the Council approve Supplement 7 to the Airport engineering contract with Isbill Associates, (051- for additional design and inspection work, related to the 021) expansion of the AIP-12 ramp project:, and changes necessitated by the terminal design totaling $39,000; and authorize staff to expand the ramp project by $217 ,014 based on the unit price bids to take full advantage of the bid prices and Federal Grant Offer. Director of Aviation highlighted his report, which was detailed at the last study session. Minute Order 4594, approving Supplement 7 to A2547 with Isbill Associates; and Resolution 17189 amending (051- A2854 with Massey Rock & Sand company were presented; after 039) which, it was moved by Broich, seconded by Neel , and unanimously carried, that M04594 and R17189 be adopted. 12. CANYON HOTEL AND ENVIRONS SURVEY AREA Recommendation: That the Council approve designating Canyon Hotel and environs a survey area. (133- Mayor asked that the Council look at both sides of the 006) issue when it considers this area; that the drawing in the Economic Development Department is only a "bubble" concept, and locations and architecture are not final ; that the company is not trying to fleece anyone, and is willing to pay for property, and put the money where it needs to; that the project is a critical mass, essential to the community, and one which must be moved forward; that not everyone will be pleased, but the Council will have to make a decision based on a bigger picture for the greatest good. Councilmember Murawski stated that he believes the Council will look at those concerns where people are fairly compensated; that the project effects the entire community, and some may not realize what they thought they would when they made their purchase, but the project is essential . At the request of the Tribal Council Planning Consultant made to the Director of Economic Development, it: was moved by Broich, seconded by Murawski , and unanimously carried, that this matter be continued to July 25. Council Minutes 7-11-90 Page 9 13. CONVENTION CENTER AIR CONDITIONING SYSTEM REPAIR AND UPGRADE Recommendation: That the Council waive d:he formal bid process and authorize staff to enter into contract with six separate vendors in an aggregate amount, not to exceed (061- $403,000, in order to expedite repairs to the Convention DOB) Center air conditioning system and appropriate funds thereof. (061- This item was reviewed in study session, and no further 009) report was given. Minute Order 4595 (Halliburton) ; M04596 (Southland Industries); M04597 (Hendrickson Construction); M04598 (139- (Thomas Laronge Inc. ); M04599 (Syska and Hennessy Inc. ); 061 M04600 (Nalco Chemical Co. ); and Resolutions 17190 and 17191 amending the budget; as recommended, were presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that M04595 through 4600 and Resolutions 17190 and 17191 be adopted. 14. VACATION OF A PORTION OF THE FRONTAGE ROAD 010t1N AS LOT "T" IN DESERT HIGHLAND ESTATES, SECTION 34. (145- On June 20, Council held public hearing for consideration 001) of vacating Lot T, Desert Highland Estates Subdivision, being a parcel originally dedicated as 80-ft frontage strip adjacent to North Indian Avenue, from Las Vegas Road to Corozon Avenue, and continued consideration of vacation. This matter was not ready for action, and was pulled from the agenda. 15. COUNTRY CLUB LIMOUSINE AGREEMENT Recommendation: That the Council approve a new four year Limousine Lease with Country Club Limousines, commencing, effective September 20, 1990. Airport Manager reviewed the memorandum of Director of Aviation, detailing the terms of the agreement, which (051- were previously presented to the Council in the RFP, and 027) which were approved by the Airport Co€mnission, with non-substantive changes. Minute Order 460.1, as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that MO 4601 be adopted. 16. USE OF PERSONAL VEHICLES - REIMBURSEMENT OF EXPENSE Recommendation: That the Council adjust i$e. rate of reimbursement for the use of personal veGhicl'et on city business downward from 29� per mile to 25,*; per mile as (114- of July 1 , 1990. This item was reviewed in study session, 004) and no further report was given. Resolution 17192, as recommended, was presented; after which, it was moved by Broich, seconded by Hodges, and unanimously carried, that R17192 be adopted. Council Minutes 7-11-90 Page 10 17. 1990-91 BUDGET Recommendation: That the Council adopt formal actions for the 1990-91 Fiscal Year Budget. Assistant Finance Director reported that the resolution (061- contains the budget approved by the Council on June 26, 009) which reflects the approximate $2 million in cuts ; and as drafted contained the funding for the Chamber of Commerce. Resolution 17193', adopting budget, was presented; after which, it was moved by Neel , seconded by Hodges, that R17193 be adopted; funding for the Chamber of Commerce to be deleted, consistent with Council action July 10. Acting City Manager reported that the Resolution adopting Allocated Position and Compensation Plans contained minor errors, and recommended that it brought back at the next meeting. It was moved by IBroich, seconded by Neel ., and unanimously carried, that this matter be continued, as recommended. ADDITIONAL LEGISLATIVE ITEMS (Satisfied Agenda Positing Requirement; materials at study session) 18A. DIRECTION CONCERNING HIRING: City Manager reported the Council established a hiring (061-- freeze for all vacant city positions, with the exception 011) of firefighter and police officer; that since balancing the budget, it may be possible to transfer, a few employees who would otherwise be laid off to 'three of the clerical positions; and that the Fire Chief and Police Chief had asked for clarification on their vacant. positions. He stated that this matter was reviewed at the last study session. Mayor summarized the consensus of the Council at the study session; after which, it was moved by Murawski , seconded by Broich, and unanimously carried, that: to the extent that the vacant clerical positions can be filled with existing personnel , those positions shall be unfrozen; that the vacant Animal Control Officer is unfrozen and may be filled thorough normal processes;, and that; all remaining positions shall be remain frozen until further modified,. CONSENT AGENDA: 19. Res 17194 approving participation in the P.I.S. Department (085- of Housing and Urban Development 203(k) Rehabilitation Home 003) Mortgage Program. 20. MO 4602 amending the agreement with SunlinE- Transit Agency (143- concerning pilot program for bus shelters extending 010f�!) program 002) to September 1, 1991. - A2673. 21. MO 4603 approving contract with Tracy D. Gunneman for (085- rehabilitation specialist consultant effective July 1, 1990, 001) for amount not to exceed $36,000 for period ending June 30, 1991, funded through 1990-91 Community Development Block Grant and Community Redevelopment Agency Budgets - A2861. Council Minutes 7-11-90 Page 11 22. MO 4604 authorizing City Manager to execute Memorandum of ; 123- Understanding between Riverside County and the Cities of 011) Riverside County pertaining to AB 939, Waste Characterization Studies - A2862. 23. Res 17195 approving continuing appropriations from Fiscal (061- Year 1989-90 to fiscal year 1990-91. 009) 24. MO 4605 approving maintenance agreements for reprographics (084- presses and sorter with Multigraphics, for $12,332. 007) 25. MO withdrawn approving the purchase of 2 ARC 386/20 IBM compatible computers for $6,603.56 from National Business Machines. 26. Motion concurring in CRA actions this date Res 690 - 708. (124- 27. Res 17196, 17197 approving Payroll Warrants and Claims and Demands. (086- 28. MO 4606 authorizing City Manager to enter into the Joint Powers Agreement for the Pooled Emission Estimating Plan for Wastewater (127- Treatment Plants, to comply with the requirements of the South 001) Coast Air Quality Management District, AB 2588 - A2863. 29. MO 4607 amending approving Amendment 1 to A2623, Landscape Maintenance District contract with Environmental Care Inc. , (109- for an increase of $13,599.94 003) It was moved by Broich, seconded by Neel , and unanimously carried, that R17194 through 17197, M04602 through 4607, and motion in Item 26 be adopted; Hodges abstaining on Res 17197, warrant payable to Familian. ADDED STARTERS: None COMMISSION APPOINTMENTS: Airport Commission; Mayor reported that completion of the Airport expansion project is a high priority, and the Commission will need (060- members who are closely acquainted with the project, and 001) what needs to be done, and for that reason, and pursuant to Palm Springs Municipal Code Section 2.04.060, subject to City Council approval , he appointed Marshall Gilbert and Henry Dally each to an additional term of three years on the Airport Commission, which term will commence at the expiration of their current terms on June 30, 1991, and the term to which said appointment was made will expire June 30, 1994. It was moved by Broich, seconded by Neel , and carried by the following vote, that said appointments be approved: AYES: Broich, Neel , Murawski & Bono NO: Hodges ABSENT: None Santa Rosa National Scenic Recreation Area: It was moved by (123- Bono, seconded by Hodges, and unanimously carried, that Council- 611) member Broich be appointed to the Executive Study Committee. REPORTS & REQUESTS: Council Minutes 7-11-90 Page 12 CITY COUNCIL reports or requests a) Councilmember Hodges requested that the possibility of a four-way stop at the intersection of Farrell (136- and Via Escuela be examined. 041) PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. JUDITH SUMICH City Clerk