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HomeMy WebLinkAbout1991 - MINUTES - 5/1/1991 CITY OF PALM SPRINGS CITY COUNCIL MINUTES MAY 1, 1991 A Regular Meeting of the City Council , of the City of Palm Springs, California, was called to order by Mayor Bono in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, May 1, 1991, at 7:30 p.m. ROLL CALL: Present: Councilmembers Broich, Hodges, Murawski Neel and Mayor Bono Absent: None The meeting was opened with the Flag Salute and an invocation by Dr. Val Jean McGinty REPORT OF POSTING OF AGENDA: Report of City Clerk: Agenda posted in accordance with Council procedures on April 26, 1991 . 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 . HOUSING AUTHORITY: Mayor declared the meeting adjourned for the purpose of convening as the Housing Authority; ar'ter which, members reconvened as the City Council . FINANCING AUTHORITY, IDA: No Business APPROVAL OF MINUTES: It was moved by Broich, seconded by Neel , and unanimously carried, that the minutes of April 9, 1991, be approved. PUBLIC HEARINGS: 1. NOT USED 2. 1991-92 COMMUNITY BLOCK GRANT ALLOCATION Recommendation: That the Council approve the budget presented for the 1991-92 Community Development Block Grant Program. Housing Specialist reviewed the memorandum of the Director of Economic Development, indicating that the 1991-92 allocation is $355,000, the purposes for which the funds may be used, and the recommendation of the Citizens Advisory Committee for allocation of the funds - the substantial portion of which must be allocated for capital project benefiting low and moderate income neighborhoods. She stated that over $1 million in requests for the funds were submitted, and were reviewed by the Committee. (085- Jeanne Reller, Chair of the Committee, stated that the 001) Committee suggested that possibly the job training programs be used to accomplish requests like repainting and reflooring. Mayor declared the hearing opened. Craig Praeter, Director Resource & Development, Desert AIDS Project, stated that the $2,500 request covers capital purchases of typewriters, computers, and files, for the medical clinic which they opened this past year. Council Minutes 5-1-91 Page 2 2. 1991-92 CDBG (Continued) Julie Bornstein, stated that the Desert AIDS requests fall under both the capital and public service categories, and asked that the Council fully fund both the office equipment ($2,500) and the medical equipment ($20,000) . Ms. Minna Allen, spoke in support of the allocation for senior housing rehabilitation, and stated that it benefits senior widows and handicapped persons who could not otherwise afford to make home repairs. May Lemon, Sunrise Village Mobilehome Park, also spoke in favor of the senior rehabilitation program allocation. Bill Smith, Executive Director, Desert AIDS, urged that the full funding for the clinic be approved, and commented on the uniqueness of the facility, its programs, and that medical directors and other professionals have invited their staff to attend national organization meetings to share in how to develop similar Facilities; that they currently have 600 patients, and receive about 25 new cases each week; that through better medical management, the caseload and the cost for patient care can be reduced, thereby saving millions of dollars; and that they have demonstrated the ability to carryout their goals. At his request, a large number of people in the audience stood in support of the funding for the clinic. Joanne D'Amico, County Housing Authority, urged that the allocation for continued support of Nightingale Manor be (085- approved, and stated that 36% of the people served by the 001) facility originate from Palm Springs, and it is the only regional family urgent care home. There were no further appearances. In answer to questions by Council , Housing Specialist reported that the Self-Help Housing Engineering Design allocation relates to Phase III of the Self-help program, in that it covers the cost of design for sewers, streets, water mains, for low and moderate income families who build their own homes; that the Fair Housing Program is mandated, and the $38,000 was a reduced allocation, and a further reduction would severely impact that program, and the drawn-off funds could only be used for capital projects, and not public services, likewise if the funds for the Fire Department automatic defibrillators is reallocated; and that funds may be held in reserve, but are subject to the same hearing process, and distribution formula, and it is possible a capital project might evolve from the gang task force, however, it would need to benefit low and moderate income persons. City Manager stated that the defibrillators could be transferred to the capital projects fund. Resolution 17497, allocating funds as recommended was presented; after which, it was moved by Broich, seconded by Hodges, and unanimously carried, that Resolution 17497 be adopted, subject to deleting the $34,000 allocation for the automatic defibrillators, and allocating the funds to provide a total allocation for Desert AIDS of $20,000, a total allocation for the home rehabilitation and repair program of $46,500, and a reserve of $10,000. Council Minutes 5-1-91 Page 3 3. VISTA CHINO RETENTION BASIN PROJECT, VISTA CHINO ROAD WIDENING PROJECT, AND VISTA CHINO/FARRELL TRAFFIC SIGNALS PROJECT. Recommendation: That the Council adopt a Resolution of Necessity to acquire certain land for a storm water retention basin, the widening of Vista Chino Drive and for traffic signals at Vista Chino and Farrell Drive. Recommendation highlighted by the Director of Economic (136- Development, noting that the purpose for this matter was 040) reviewed in detail at the time of setting the hearing. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. Res 17498 as recommended was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R17498 be adopted. 4. CS. 5.0587-GPA STANDARDS OF POPULATION DENSITY & BUILDING INTENSITY Recommendation: That the Council approve a General Plan Land Use Designation chart as an amendment to the General Plan text. Planning Director reported that the State Planning Law requires that each General Plan contain a statement of the standards of population density and building intensity (101- recommended for the various uses covered by the Plan; that 004) the City' s General Plan does not contain such a unified "statement," although the standards are implied by the Zoning Ordinance and other policies of the Council . Councilmember Hodges stated that she has concerns about the allowable height in hillside areas, and wished that to be considered during upcoming discussions with the Planning Commission. In answer to question by Council , City Attorney stated that the chart is a synthesis of current standards, and nothing is being changed as a result of approving I'he chart as an attachment to the General Plan; that it will clarify in one statement what the standards are; that the updating of the General Plan will allow an in-depth examination of all of the points covered, and changes may Ibe made at that time; that without the proposed statement, the Plan may be questionable; and that the chart pulls the existing information into a chart format. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. Resolution 17499 revised as recommended, was presented; after which, it was moved by Neel, seconded by Broich, and unanimously carried, that R17499 be adopted. PUBLIC COMMENTS: a) John Wyser, Avenida Fey Norte, stated his opinion that the proposed Council compensation is minuscule compared to the members' responsibilities, the millions of dollars it deals with, and the caliber of professionals it works with. He also asked that the proposal to televise Council meetings be pursued expeditiously. Council Minutes 5-1-91 Page 4 b) Canyon Project: Ruth Licata, asked that when the General Plan is updated, there be ample opportunity for public input. She also stated that matters of fiscal impact should be directed to the Council , and not the Planning Commission; that figures concerning the Canyon project have been confusing, and variations reported in the newspapers; and asked if an outside professional evaluation would be made of the proforma figures provided by the developer, or if it would be done in-house. Jeremy Crocker stated that the developer has already selected the site for investment, and claims to have spent $30 million so far, and his concern now is how much he can persuade the City to give away; that previous Councils felt hotels were the only way to get new taxes, but this site is far removed and he did not think it would be an enhancement to the Convention Center; that room rates in Palm Springs range from $60 to $180 per night, and the developer' s assumptions of $350-$500 should be questioned; and that foregoing property tax revenue from the project would result in shifting taxes (133- citywide in order to provide services to the project 006) area. Councilmember Murawski stated that the room rates are very realistic, and should not be questioned. Mr. Solomon, Canyon Development LP, stated that his proforma is almost the same as the evaluation of American Development, the consultant retained by the City to develop the EIR for the Redevelopment Project Area, as well as his project; that the project includes all 1-2 bedroom suites, of 1,200 - 1,800 square feet, and Valley-wide a room rate of $350 for comparable size units would not be out of line; that advertising will be done nationally, and internationally; that all money spent on the project will first be spent by the developer - an investment in excess of $1 billion; that $1.5 million is the projected appraisal for tax purposes for the hotel ; that more than 50% of the tax projection will come from residential tax built up, and he felt the projections were conservative; and that the rebate is based on a formula, and if less revenue is generated, less money will be rebated. Fred Ebling, 2460 Tuscan Road, stated his understanding that someone would be checking the financial projections of the developer; that he felt some people were not receiving equal treatment, in that they did not have incentives for developing their hotels; that the public needs a clear indication of what the project means, and how it will affect their debt on their individual homes; that there should be publicity as to what the benefits will be if the project goes through, and the impacts if it does not; and how it will affect Indian lands that may be involved. Alan Bayrak stated his opinion that it is too early to fund and approve expenditures before a specific project has been approved; and that it places an unfair burden on the Planning Commission to do so. Council Minutes 5-1-91 Page 5 b) Canyon Development (Continued) Edward Perry stated that the assessed value is 55% above the cost of improvement, and questioned what subsidies the developer has provided that makes the price of the property come up to over $2 million per acre, even considering the golf course; and asked that more detailed evaluation or spread sheet be provided f:hat shows over that period of time, that the project is good for the developer and is good for the taxpayer. Councilmember Murawski stated that the Council would be allowing the developer to spend $400 million of their own money, upfront, and the City is riot being asked to do anything; that if the project is successful , and begins to generate tax dollars, they willl receive back $500 million, while the City is simultaneously receiving $890 million, and other taxing agencies in the County will receive proportional tax increases as well ; that the figures are not secret, and everything has been above board, although very complicated; and many weeks have been spent reviewing and discussing the matter. LEGISLATIVE ACTION: 5. COUNCIL COMPENSATION (Note: Redevelopment Agency reconvened to include its compensation issue, along with that of the City Council ) City Attorney highlighted his memorandum concerning clarification as to the procedures and guidelines for adjusting the salaries of the City Councilmembers, Mayor, and the Redevelopment Agency Members. He stated that since the CounciI ' s salary was set in 1984, the State Law has been changed to increase it to $400 per month, and allows a 5% increase annually; that the increase aspect is not (070- totally clear as to how it is computed, or if it, is 001) compounded; that in his opinion the salary may be set at $470 per month, effective after the next general municipal election. Councilmember Broich stated that he would not vote for an unbalanced budget for 1991-92; that the salary increase will be a part of that budget, and he would deal with it in that respect; that he has not turned in expense reports, or reimbursement for telephone calls; and that the Council is worth the $400 per month. Councilmember Neel stated that the Council has laic)-off people, frozen salaries, and positions, and its own salary is merely a token, and should not be considered a living wage; that it costs to be a Councilmember, and persons seeking office know what the salary is when they seek to be elected; and that considerable funds are spent to be elected, and it is puny to try to recover it in the salary. Mayor stated that a lot of energy has been spent on this matter; that people have asked him to reexamine the issue; that he believes a person should receive value for what they do; that the Council is targeting for a balanced budget, and there may be sacrifices needed to achieve it; that from an appearance standpoint, during this tough time, maybe the Council should forego the increase; that perhaps the Council needs to prove itself, and turn the economy around, and then reap the reward of an increased salary. Council Minutes 5-1-91 Page 6 5. COUNCIL COMPENSATION (Continued) Councilmember Hodges stated that she could understand a reluctance to increase salary if the Council were making $20,000 and asking that to be doubled, but an increase from $200 to $470 is very little, and overall for all members will only be about $16,000; and that she felt it was necessary and justified, and urged that it be approved. Councilmember Murawski stated that he hoped eventually the salary would be set to give many people an opportunity to get involved and participate in city government, without sacrificing personal income; and that, currently, if one does not have another source of income as an offset, one cannot afford to give the time required to do the job. Resolution 777 (Redevelopment Agency) , amending its bylaws to provide a compensation of $30, per member, per meeting (124- attended, with a maximum of four meetings per month, plus 024) reimbursement for actual expenses, was presented; after which, it was moved by Hodges, seconded by Murawski , and carried by the following vote that R777 be adopted: AYES: Broich, Hodges & Murawski NOES: Neel & Bono ABSENT: None City Clerk read title of Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.04.020 AND 2.04.021 OF THE PALM SPRINGS MUNICIPAL CODE INCREASING THE COMPENSATION OF THE MAYOR AND CITY COUNCILMEMBERS. (070- It was moved by Hodges, seconded by Broich, and unanimously 001 carried, that further reading be waived; and it was moved by Hodges, seconded by Broich, and carried by the following vote, that the Ordinance be introduced for first reading: AYES: Broich, Hodges & Murawski NOES: Neel & Bono ABSENT: None (Note: No Salary provisions for members of the Industrial Development Authority, nor the City of Palm Springs Financing Authority) 6. CANYON DEVELOPMENT RESORT & SPA Recommendation: That the Council/Agency rescind actions of 4/17/91 and approve actions related to terms of a proposed exclusive agreement with Canyon Development. Cit Manager reported that a (133- y g p year-by-year cash flow analysis 006) for the project has been fine tuned by the developer as a result of questions and requests from staff, and before a final disposition and development agreement is considered, it is the intent to have an outside financial consultant review the developer's projections. He stated that there are a total 400 units (350 in the hotel , and 50 in the spa) , that hotel rates range From $350-500 per night in the hotel , and $375 per night for rooms at the spa; that room rates in the proforma increase 3% per year with occupancy in the hotel project to start at 40% increasing 5% per year until 70% is reached, and the spa starting at 50% increasing 5% .. .. 1'l vi'' Council Minutes 5-1-91 Page 7 6. CANYON DEVELOPMENT (Continued) per year until 80% is reached; that the Development has to generate a sum of approximately $2 billion dollars in incremental real estate taxes in order to recapture $500 million in tax increment rebates, and $50 million on a direct pass-thru from low/moderate housing funds as reimbursement for actual expenditures within that category; that an investment of approximately $671,500,000 is required of the Developer prior to being able to reduce their investment to reinvest profits before they receive any benefits from rebates; that its total investment in reinvestment development will be approximately $1.1 billion; that the Marriott Desert Springs occupancy in this recession year has run 75%, which is down from over 80% last year, and the Gritz Carlton is showing a greater than 70% occupancy on an annualized basis; that the total taxes projected to be paid by the resort and spa, based on the Developer' s projection and assumptions, is approximately $2.6 billion, and according to the formulas proposed, the Developer could receive a total of $500 million from tax increment rebates, $50 million from low/moderate housing fund, $166 million from TOT, for a total of $716 million, which represents approximately 25% of the total taxes projected to be paid by Canyon Park Resort and Spa; that the City would receive through its share of TOT, low/moderate housing fund, tax increment based on historical splits with other taxing agencies, and sales taxes, a projected $722 million dollars; that in addition, the City would receive a total visitor promotional fund starting after the first year of operation through the 40th year of $7.4 million, which would bring the total projected dollars to the City of $739.4 million; that the other taxing agencies, based on the same historical assumption, would receive approximately $1. 160 billion; that if the redevelopment project survey area were totally developed according to current zoning over, the same 9 year period, and based on current tax sharing formulas, including the project, of renovating the existing hotel and golf course, the City would receive approximately $150 million in tax income. That any increase or decrease in the projections would result in increases or decreases on a prorata basis„ and that since the City/Community Redevelopment Agency would only be agreeing to rebate payments to be made by Canyon Park Resort and Spa, there is no risk to the City - the Developer, however, has the risk of $1.1. billion. City Attorney reported that originally four actions were proposed - two for each entity - however;, only the two resolutions that were previously adopted are recommended to be rescinded, and only the Agency will consider re-adopting the action, since the Council ' s consent agenda includes action which confirms action taken by the Redevelopment Agency. He recommended separating the action on the rescission, and the action on the approval . He stated that subsequent to the prior action, a letter was received from Attorney Lynn Crandall , on behalf of Counci ]member Hodges, making certain procedural suggestions; that the Brown Act provides that if someone believes that there is a procedural defect, they may file a written objection, and give the City the opportunity to change the action before any litigation is filed; that no litigation has been filed, and although he felt the Council/Agency actions were appropriate, it was not worth getting into litigation over that point, and recommended that the resolutions be rescinded. Council Minutes 5-1-91 Page 8 6. CANYON DEVELOPMENT (Continued) Resolution 17500 (rescinding Council R17495) and Resolution 778 (rescinding Agency R770) were presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that R17500 and 778 be adopted. Councilmember Hodges stated that she appreciated the opportunity to have this matter on the agenda, so people are aware of what is going on; that she favors the project, and believes it will be a tremendous asset to the community, however, she could not pledge the City to any obligation of any kind for a forty year period of time, and tie up future Councils; that she has been critical of past actions which granted long term considerations; and that she felt, on behalf of the community, she could not do that. Resolution 779 (Agency) approving certain terms of a proposed exclusive agreement with Canyon Development, was presented; after which, it was moved by Broich, seconded by Murawski , and carried by the following vote, that R779 be adopted: AYES: Broich, Murawski , Neel & Bono NO: Hodges ABSENT: None 7. PALM SPRINGS PERFORMING ARTS CENTER/ALTERNATE LOCATION Recommendation: That the Council approve endorsing an alternate location and expanded concept for the Palm Springs Performing Arts Center and continuing the same reporting requirements as previously established. Matter not ready for action, and pulled from agenda. 8. LIMITATION OF HOURS OF OPERATION OF LEAF BLOWERS Recommendation: That the Council control the hours of operation of gasoline and electric powered leaf blowers. Building & Safety Director reported that there have been complaints in the past about the noise generated by leaf blowers, particularly, in residential areas during early morning hours; that as a result of suggestion at the study session, the Ordinance was revised which would add the leaf blower equipment to the Municipal Code, and change the current language to prohibit the use of them, as well as the other items included in the code section, between 8 p.m. and 8 (103- a.m. in residential zones, and between 8 p.m. and 7 a.m. 001) in all other zones; to avoid problems regarding trash collection, which is a City franchise, and City maintenance crews, e.g. , parks or street maintenance, an exemption statement was added to the language. City Manager stated that the staff did not want to create a situation where there was no flexibility of permitting something other than those hours in terms of its franchisee, whose hours can be regulated through its contract, rather than through an ordinance change, and in terms of City personnel , the City would have the flexibility of setting those rules, and if the Council felt the hours were a problem, staff could follow a policy of not starting that kind of work before 8 a.m. Council Minutes 9-1-91 Page 9 8. MUNICIPAL CODE - LEAF BLOWERS (Continued) Councilmember Murawski stated that the purpose of the action is to try to keep it quiet for those who live here, and visit here; that in an emergency situation, the staff would be responding regardless of the hour of day„ but in normal daily operations, it should follow the same laws imposed on others in the community, which are adopted for the protection of the people; and that City employees ought to be quiet before 8 a.m. , as well . City Attorney stated that the Council can establish how the trash operation is conducted in its contract with the trash hauler, and to the extent that complaints are received from the residents concerning the City' s conduct of its operations, the Council may modify those operations; and that a policy setting the hour of 8 a.m. to start those City operations would be an appropriate policy, but is not recommended as a part of the ordinance, noting that there might be a circumstance under which the City has a part of its operation in a particular residential area in which the Council feels there is not a problem having someone working there at 7:30 in the morning. He stated that the Council can set and change its own policies simply by giving that direction to staff in a meeting; however, if it, is related to something that is in an Ordinance, a first and second reading must be given to the ordinance, followed by the 30 day period before it can become effective. Councilmember Murawski stated that the people still do not trust the City, and this effort is to achieve protection to the people who live in this community, and if it means an Ordinance against itself, maybe that is appropriate until people learn to trust the City. City Attorney stated that the ordinance currently allows, other than leaf blowers which is not included in the code, these operations as early as 7 a.m. , and at the study session, a concern was raised that 7 a.m. was too early, and it should be moved to 8 a.m. ; that the proposed Ordinance adds the gasoline and electric powered leaf blowers, and also changes the starting hour from 7 a.m. to 8 a.m„ in residential areas, leaving the starting time at 7 a.m. in the industrial and commercial zones; that in making that time change, there was the concern that some of the City's operations might still need the right to be working at that earlier hour. Director of General Operations stated that in terms of the City' s operations in the residential areas, crews would not be in those residential areas on a routine basis fo,r the most part, but some street work or summertime crews do start at 5:30 a.m. or 6 a.m. because of the heat, and would not be back in the same residential area on a repeated basis, which is somewhat different with the gardeners using a backpack blower who is there every week at a certain time; and that for the most part, parks crews work away from the residential areas, and would operate the equipment so as not to disturb people. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 11.74.041 OF THE MUNICIPAL CODE, CONCERNING CONTROLLED HOURS OF OPERATION, TO ADD PROVISIONS RELATING TO POWERED LEAF BLOWERS. Council Minutes 5-1-91 Page 10 8. MUNICIPAL CODE - LEAF BLOWERS (Continued) Councilmember Hodges stated that the issue of leaf blowers, and the issue of early morning noise, are separate; that the proposed ordinance allows commercial and industrial areas to start at 7 a.m. , yet most of the hotels are in commercial areas, so it will not really benefit tourists, which she thought was one of the main reasons for doing the ordinance, in addition to the residents; and questioned whether it might be better to have a separate section of the code to deal with leaf blowers, with its own limits, and not interfere with the other areas in the Ordinance. Councilmember Neel stated that he was convinced that the Air Quality Control Boards will outlaw all leaf blowers in California, by 1992. It was moved by Broich, seconded by Murawski , and unanimously carried, that further reading be waived, and that the Ordinance be introduced for first reading. 9. ORDINANCE FOR SECOND READING & ADOPTION (Intro 5/2/90) City Clerk read title of 01381 amending the Zoning to provide a planned development district in-lieu of a change of zone for Board of Realtors Office Building, PD211, on SE corner of Ramon and Paseo Dorotea; after which, it was moved by (116- Neel , seconded by Hodges, and unanimously carried, that 078) further reading be waived, and that 01381 be adopted. 10. PALM SPRINGS MASTER BAIL SCHEDULE Recommendation: That the Council approve a Master Bail Schedule to be filed with the Desert Judicial District. City Attorney highlighted his memorandum, noting that the bail schedule, to be filed with the Court, represents the "suggested" bail , and the judges have independent discretion 114- to impose greater or lesser bails, as they deem appropriate; 004) and that the amount of bail is different from the potential fine which may be imposed upon a conviction of guilty. Minute Order 4755 as recommended, was presented; after which, it was moved by Broich, seconded by Neel , and unanimously carried, that M04755 be adopted. 11. GOLF COURSE RULES & REGULATIONS Recommendation: That the Council amend the Golf Course Rules & Regulations changing the age restrictions of junior golfers; designate October through May 31 as prime time; designate twilight play eligible for reservations and adjust the days which are designated as holidays for golf course (092 purposes. This item was reviewed in study session, and 005) no further report was given. Resolution 17501 as recommended, was presented; after which, it was moved by Murawski , seconded by Broich, and unanimously carried, that R17501 be adopted. Council Minutes 5-1-91 Page 11 12. AMERICAN AIRLINES/FLY AAWAY VACATIONS COOPERATIVE ADVERTISING CONTRACT Recommendation: That the Council approve a contract with American Airlines/Fly AAway Vacations for $10,000 for a cooperative advertising program - A2988 Executive Director of Tourism briefly reviewed the memorandum of the Director of Community Services and Promotions, noting that the program would be heavily promoted by newspaper and direct mail in San Jose, Dallas/Fort Worth, Chicago, Vancouver, Seattle and Portland; mailed to 13,000 key AA (050- travel agencies; and major travel publications, total 001) circulation-of advertising would exceed 5 million. City Attorney suggested that the final language of the contract be subject to his approval , to make certain insurance and indemnification provisions are included. Councilmember Murawski expressed concern that the program should not be jeopardized because of getting involved in too many complications. City Attorney stated that his concern relates to a dispute an American Airlines' customer might have, which could result in filing a claim, and involving the City; that he understood there would not be a problem in working out the language; that the City should be protected from any litigation:; and that he would be surprised if there was an objection by the Airline. Councilmember Hodges stated that perhaps the additional language could be suggested to American Airlines, and if it is not agreeable to them, the staff could proceed with the original proposal , and at least an effort would have been made. Councilmember Broich stated that he did not think there was a potential problem, and the City's participation is merely a contribution to a promotional effort.. Resolution 17502, as recommended, was presented; after which, it was moved by Murawski , seconded by Broich, and unanimously carried, that R17502 be adopted, and the additional language to be suggested by the City Attorney be inserted, but if rejected by the Airline, it shall not be cause to not proceed with the agreement. 13. ADOPTION OF POLICY RE: ENGAGEMENT OF ATTORNEYS WHO PROSECUTE LITIGATION AGAINST THE CITY Recommendation: That the Council provide direction for the development of a policy relative to attorneys who represent Joint Powers Authorities and similar agencies and then also prosecute litigation against members of such (114- agencies. 00411 City Attorney stated that he has looked at the kinds of conflicts that such a situation might present, and whether any "rules of ethics" are being violated; that he 'did not believe there are any such concerns in matters currently pending in which either Palm Springs or CVAG are involved in; that it is an appropriate issue for the City to present to the agencies of which it is a member; and the Council may wish to communicate those concerns to other agencies and/or joint powers authorities, and direct the City Attorney to prepare a model resolution for their consideration. - ^(, 'J Council Minutes 5-1-91 Page 12 13. ENGAGEMENT OF ATTORNEYS (Continued) In answer to question by Councilmember Hodges, City Attorney stated that there are a number of JPAs, and he has not determined whether they are represented by legal counsel , but if they are, the same direction may be communicated to them. Councilmember Broich stated that this was a concern of his long before Mr. Crandall was retained by CVAG, and still feels it is an area which needs to be addressed. Councilmember Hodges stated that she considered Mr. Crandall to be one of the most ethical persons she knows, and she was convinced he would not endanger any client, or any JPA fie represents, nor compromise his high ideals in divulging client privileged information; that she felt the recommendation -was before the Council because of Mr. Crandall , and because he has been successful in winning suits against the City; that he is a fine attorney, and one to be reckoned with in court; that the action would deprive people of a vehicle through which they can voice their opinion, and, if need be, sue a city; and she felt the action was proposed because of her action taken last week. Councilmember Murawski stated that he had concerns when the Council was recruiting for a city attorney, and the recognition that a firm cannot play both sides; that he did not think this issue was related to Mr. Crandall , rather it is a defense of, and a protection for, the taxpayers. Councilmember Broich stated that it was brought up because the subject had previously been overlooked; that it was not because of action taken last week; and that he had concerns about SunLine taking action to result in the same situation of one attorney representing two sides. It was moved by Broich, seconded by Murawski , and carried by the following vote, that the City Attorney prepare a model resolution for approval , which would thereafter be sent to other agencies and/or Joint Powers Authorities of which the City is a member. AYES: Broich, Murawski , Neel & Bono NO: Hodges ABSENT: None ADDITIONAL LEGISLATIVE ITEMS: 14. GENERAL PLAN EIR AND NORTH SPHERE ANNEXATION Recommendation: That the Council amend the 1990-91 budget for $301,759, to fund the EIR for the General Plan update as well as the funding for the planning and environmental studies for the north sphere annexation; and award contracts (10j- for consulting services to Smith, Peroni and Fox to prepare u0S1 the General Plan EIR, and planning services in conjunction with the annexation process; A2990 and A2969, respectively. Plannin Director reported that the (06) 9 P proposed actions were 006) revised, and reviewed in detail at the study session, to reflect the following: Minute Order 4756 approving agreement with Smith, Peroni & Fox for the EIR and special studies for the General Plan update, for $157,400 (A2990); Council Minutes 5-1-91 Page 13 14. GENERAL PLAN (Continued) Minute Order 4757 approving agreement with Smith, Peroni & fox for EIR, and other services related to the "North Sphere" annexation (36-square miles) , for $166,400 (A2989) ; and Minute Order 4758 approving an agreement with JHK & Associates for EIR and other services for said sphere annexation, and assistance concerning the General Plan update, for $68,212. (A2991) He stated that the traffic studies to be clone by JHK will not be a part of the primary consultant's work, but will be closely coordinated, in order to avoid any duplication. Res 17503 amending the budget to appropriate $301,759. (061- It was moved by Broich, seconded by Neel , and unanimously 009) carried, that M04756 through 4758 and R17503 be adopted. 15. DETERMINATION 10.386 Res upholding the Planning Commission determination 10.386 regarding increasing the sales area at the full service car wash service station at 4144 E. Ramon Road., pursuant to the Council action April 17, 1991. City Attorney stated that the proposed resolution is a summary of the action taken at the last meeting, and essentially denies the application, and is direction for staff to evaluate car washes and accessory uses; that it is contemplated that(094- there will be discussion on this subject between the City001) Council and the Planning Commission, and if direction is clear for an appropriate Zoning Ordinance change, that action will move forward. Councilmember Broich asked that the Council) reconsider its position; that convenience stores are a way of life; that the project was approved for 1,700 square feet of indoor space approved for retail on the plan, and 25 square feet of retail would result in a very large waiting room. Councilmember Hodges stated that she does not consider the use a service station - although gasoline may be purchased, but it is pumped and sold on an island outside of the waiting area - and people will not be going inside, unless they are having their car washed. Councilmember Murawski stated that the applicant should know what he was applying for, and what the rules_, and regulations are; and that this appears to be an effort to slip it through, when it should not have been a surprise. Motion by Broich, seconded by Hodges, to overrule the Planning Commission and allow the convenience sales, and direct that the Planning Commission bring back a plan for addressing mini-markets, failed to carry by the following vote: AYES: Broich & Hodges NOES: Murawski , Neel & Bono ABSENT: None F , Council Minutes 5-1-91 Page 14 15. DETERMINATION 10.386 (Continued) Resolution 17511, as submitted, was presented; after which, it was moved by Neel , seconded by Murawski , and carried by the following vote, that R17511 be adopted: AYES: Murawski , Neel & Bono NOES: Broich & Hodges ABSENT: None CONSENT AGENDA: 16. Res ----- authorizing a $37,000 loan from the Wastewater Fund to provide funding for certain costs for the operation of the Monte Vista Hotel , and Res ----- amending the budget thereto. (See CRA item a) - Withdrawn 17. Res 17504 authorizing $200,000 loan from the Wastewater Fund to provide funding for certain capital project expenses in (061- the Central Business District, and Res 17505 amending the 009) budget relating thereto. (See CRA item d) 18. Res 17506 revised approving sale of surplus property located (117- at 723 Palm Avenue, Section 19, for $62,000, to Patricia 025) Sanders. 19. MO 4759 approving work authorizations 6 & 7 with Gensler and (051- Associates Architects for $70,000, for the Airport Terminal 055) Expansion, A2781. 20. MO 4760 awarding purchase of Hycor Hypress model HPR1020 to (084- Hycor Corporation for $22,258.50. , for WWTP screenings press. 007) 21. MO 4761 approving Change Order 2 (Final ) for increase of (136- $16,530, to Allred & Kyser Construction Co. , for extra work 041) on miscellaneous street repairs, CP88-20 - A2787. 22. MO 4762 approving Amendment 4 to indenture of lease agreement (051- 612 with Air Terminal Services, to add temporary hold room, 034) and provide recapture and relocation of certain concession facilities. 23. Res 17507, 17508 and 17509 approving Payroll Warrants and (086) Claims & Demands. 24. Motion concurring in CRA Resolutions 771 through 778. (124) 25. Res 17510 contributing $1,500 to the Chamber of Commerce for its Operation Desert Victory Day Parade on May 27, 1991; and contributing $8,500 toward the Twenty-nine Palms Marine (061- Corps Air Ground Combat Center Morale, Welfare and Recreation 009) Fund for assistance to the Marines and their families disrupted by Operation Desert Storm; funds from the Convention Center Budget; Resolution 17456 rescinded. It was moved by Neel , seconded by Broich, and unanimously carried, that Resolutions 17504 through 17510, Minute Orders 4759 through 4762, and motion in Item 24 be adopted; and it was moved by Neel , seconded by Broich, and carried, Hodges voting No, to concur in CRA Resolution 779. ADDED STARTERS: None COMMISSION APPOINTMENTS - None Council Minutes 5-1-91 Page 15 REPORTS OR REQUESTS: 26. FRANCHISE REPORTS - Received & Ordered Filed a) Southern California Gas Co. , 1990 - $139,103.86 (089- b) Southern California Edison Co., 1990 - $565,849.21 001 002) CITY COUNCIL reports or requests - None PUBLIC reports or requests: a) John Wyser stated opinion that the Council was wrong about its policy on attorneys (Item 13) . b) Jeremy Crocker commented on the SCE report, stating that wind energy produced more kilowatt hours than SCE shows "sold" or consumed; that 12% of the wind energy goes to neighboring communities; and that wind energy only costs 9¢ per kilowatt hour. c) In answer to question by Fred Ebling, Mayor and Councilmember Murawski restated comments concerning Item 13, and stated that the city's relationship with its attorneys, including via JPAs, needs to be full support, and that an attorney cannot be for the city in one case, and against it in another. STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. JUDITH ;UMICH"-- City Clerk