HomeMy WebLinkAbout1993 - MINUTES - 6/2/1993 t,jVq1.
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JUNE 2, 1993
A Regular Meeting of the City Council of the City of Palm Springs, was called to order by Mayor
Maryanov, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, June 2, 1993, at 7:30
p.m.
ROLL CALL: Present: Councilmembers Hodges, Lyons, Schlendorf and Mayor Maryanov
Absent: Reller-Spurgin
The meeting was opened with the Salute to the Flag and an invocation by Father Erstad, Our Lady of
Solitude Catholic Church.
REPORT OF POSTING OF AGENDA:
City Clerk reported that the agenda was posted in accordance with Council procedures on May
28, 1993.
COMMUNITY REDEVELOPMENT AGENCY: No business
APPROVAL OF MINUTES:
It was moved by Schlendorf, seconded by Hodges, and unanimously carried, that the Minutes of
April 21, May 5, 10 and 19, 1993, be approved.
PUBLIC HEARINGS: None
PUBLIC COMMENTS:
a) Comments concerning Item 1:
Lee Vinocour asked if his property was included in the proposed annexation, to which,
Director of Planning & Zoning stated that he would need the legal description of his (054-
property, but did not think it was included. 005)
b) Comments concerning Item 11:
Frank Coffey, 2127 Brentwood, observed that the City has a bond indebtedness, and he
is concerned about a utility user tax; and that regarding the Airport recent bond issue, he
noted it is tied with a passenger facility charge for repayment, and perhaps there is some
way to use this same mechanism for other indebtedness. He stated his understanding that (061-
the City is not obligated to repay the Convention Center debt. City Manager stated that 015)
a condition of the financing is that the City will budget to repay the required amount on
the bonds and interest, hence, it is responsible for the debt.
Lorena d'Costa, expressed opinion that there is more to be cut from the City's budget,
other than police and fire, and although she did not have an answer as to added revenue,
she opposed a utility tax.
Fred Ebeling expressed opposition to a utility tax, and felt there are other alternatives,
and challenged councilmembers to develop their own.
c) Comments on matters other than an agenda item:
George Goldberg expressed his opinion concerning two private citizens; restated
comments he has made before about local contractors and providers, and suggested that
the budget be reduced through staff cuts and City Hall structure.
LEGISLATIVE ACTION:
I. ANNEXATION 26
On May 19, 1993, the Council introduced certain ordinances, and continued two others relative
to the initiation by the City for pre-zoning of, and associated Zoning Ordinance and Municipal
Code amendments for, Annexation Area 26, containing approximately 13.5 square miles located (054-
along Interstate 10 between Highway 1 I 1 and Gene Autry Trail, and north of existing city limits. 005)
Director of Planning & Zoning recommended that this matter be deferred, pending further staff
work. He added that the application will be submitted to LAFCO, and staff will submit copies
of anything asked for, however, the subject ordinances are not a requirement of the application.
Council Minutes
6-2-93 Page 2
1. ANNEXATION (Continued)
It was moved by Hodges, seconded by Schlendorf, and unanimously carried, Reller-Spurgin
absent, that this matter be continued to June 16, 1993.
2. 93-94 COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION
On May 19, 1993, the Council continued action concerning the 93-94 budget for the CDBG
Program.
City Manager reported that the memorandum of Director of Econornic Development was revised
to reflect changes to increase the Desert Aids allocation, and recommended a further change to
reallocate the Code Enforcement Activities ($10,000) to the Senior Center Sign. In answer to (08
question by Council, he stated that the Administration includes Fair Housing allocation, and 00
previously provided funds for contractual neighborhood planning.
Resolution 18100 providing allocation of funds revised to delete$10,000 from Code Enforcement
Activities and added to Senior Center Sign,was presented; after which, it was moved by Hodges,
seconded by Schlendorf, unanimously carried, Reller-Spurgin absent., that R18100 be adopted.
3. SECTION 35 - COACHELLA VALLEY HOUSING COALITION (CVHC)
Staff Recommendation: That the Council declare.763 acre of City-awned property in Section 35,
generally located at the NW comer of Sunrise Way and San Rafael, to be surplus and direct staff
to prepare grant deed transferring property to the CVHC, to be combined with and made a part
of Lot 1, Coyote Run Project, for construction of a child care center to service the project. (08
Director of Public Works highlighted his memorandum, and no further report was given. (00
Resolution 18101 as recommended, was presented; after which, it was moved by Schlendorf,
seconded by Hodges, unanimously carried, that R18101 be adopted.
4. MANDATORY SEWER CONNECTION - UNCONNECTED DEVELOPED PROPERTIES
ENGINEERING & FINANCE PROGRAM
Staff Recommendation: That the Council direct staff to proceed with a program to assist in
providing sewer services to unconnected developed properties within mandatory sewer connection
areas of the community.
Director of Public Works highlighted his memorandum,stating that assessment district was formed
in 1988 to provide for connecting developed properties, and there were a few which had laterals
missing, and rather than creating an assessment district with administrative cost burdens added,
the City Engineer recommends that in conjunction with Code Enforcement, the properties be dealt (12
with under the public nuisance abatement procedures; that there are other properties which require 00
more work, and a policy is recommended to provide that the owner may either provide the design
and work, or may request a loan from the City, along with design assistance, and completion of
the work and the costs to be repaid over a 15 year period through a lien on the property. In
answer to question by Council, he stated that loans would take away from the Wastewater
Treatment Fund; that the plant expansion is being looked at, and it may be that the City would
have to borrow funds to carry it forward; that the loans would be carried at an interest rate to
offset whatever the City would have to pay for the borrowed money; that the liens would be
against the property in the same manner as other assessments; that: the possible costs are $1.2
million, with one mobilehome,park estimated at $375,000.
Councilmember Hodges stated that if the City is looking to expand the facility, the purpose of the
fund is to cover the cost of expansion, and the City should not have to borrow funds to accomplish
the work, and perhaps there needs to be more review before the proposal is acted upon.
City Manager stated that he.was concerned about the question of borrowing funds and how much
would remain, and preferred deferring this matter in order to explore the issues further.
Mayor asked that the staff also report on the status of the Wastewater Treatment Fund.
It was moved by Lyons,seconded by Schlendorf,and unanimously carried,Reller-Spurgin absent,
that this matter be continued to June 16 as recommended.
Council Minutes
6-2-93 Page 3
5. SUNLINE SERVICE GROUP JOINT POWERS AGREEMENT
Staff Recommendation: That the Council approve joint powers agreement between the nine
Coachella Valley cities and the County, which create SunLine Transit, in order to create the
Sardine Services Group, ajoint powers public entity separate from SunLine Transit, to administer
and regulate activities undertaken by SunLine which need to be handled apart from the public
transit responsibilities of SunLine Transit, A
City Manager noted that the proposal would separate transit activity from all other forms of
transportation.
Richard Cromwell, Sardine Transit, stated that the JPA has gone through all of the various city
attorneys, and serves to meet the requirements of the State Controller, and ultimately will save
$20,000. In answer to question by Council, he stated that the requirement is that transit funds not
be co-mingled with other funds; that the proposal will achieve the separateness to satisfy the
Controller, even though other funds may be "grouped" for audit purposes.
Councilmember Hodges stated that she did not see the need for another layer of government, nor
the urgency of doing so; that the$20,000 was not significant if another layer of government was
being established; and questioned if there are obligations on the part of the City in creating another
JPA.
City Attorney stated that whatever the obligations are that are stated in the agreement would apply
to the parties. (123
Mr. Cromwell stated that the bureaucracy does not change, and is similar to the City Council and )
the Redevelopment Agency, in that both are the same people and have the same staffing; that
$20,000 is a big savings to Sunline audit fees; that it provides a mechanism that the State
Controller receives the level of confidence that the fandS are not co-mingled and each entity is
tracked separately; and that currently under Sunline, the City has the same exposure, and if the
new JPA is not approved, they will continue operating under Sardine; that he understood the terms
of the agreement are the same as for Sardine.
City Attorney stated that Lyn Crandall indicated that changes could be made the next time around.
Councilmember Schlendorf raised questions concerning authority of the Board of Directors, and
clarification for ground access fee collections at the Airport. A review of the JPA satisfied her
concerns about the Board's total control (Para. 2.6) and the Director of Aviation stated that the
ground access fee collection would remain the same, and is satisfactory. Mr. Cromwell also
responded that any fidure changes would required approval of all parties, and that as of this date,
Indian Wells, Rancho Mirage and the County have approved the JPA, and other cities have
scheduled it to be completed by June 15. City Attorney also responded that approval of financial
obligations does not require a unanimous decision of the Board, and therefore would become an
issue of withdrawal. Consensus of the Council was to delay this matter to June 16, with
clarification concerning the use of eminent domain, and the vote required to mandate additional
financial contribution by the parties to the agreement.
It was moved by Schlendorf, seconded by Hodges, and unanimously carried, Reller-Spurgin
absent, that this matter be continued to June 16, pending clarifications and/or possible revisions
as discussed.
6. LIBRARY SERVICES - RANCHO MIRAGE MEMO OF UNDERSTANDING
Library Board Recommendation: That the Council approve a fiscal 1993-94 public library services
Memorandum of Understanding between Palm Springs and the City of Rancho Mirage, to develop
better cooperation between the two cities via sharing of library revenues and resources; payment
to the City of Palm Springs for 93-94 will be approximately $80,000 - A3230. (099
City Manager highlighted the memorandum of the City Librarian. 001)
Minute Order 5190 as recommended was presented; after which, it was moved by Lyons,
seconded by Schlendorf, unanimously carried, Reller-Spurgin absent, that M05190 be adopted.
Council Minutes
6-2-93 Page 4
7. CITY ATTORNEY CONTRACT MODIFICATION
Recommendation: That the Council approve first amendment to contract with Ratan &Tucker,
for legal services, to provide additional savings from discounted retainer legal services, effective
June 1, 1993, to increase maximum hourly rate for additional serdice by $5 per hour, effective
January 1, 1994; and to provide that the City Attorney's office assume overview of all legal
matters handled by Risk Management, A2902. (0
0
City Manager highlighted the recommendation, and no further report was given.
Minute Order 5191 as recommended was presented; after which, it was moved by Schlendorf,
seconded by Hodges, unanimously carried, Reller-Spurgin absent, that MO5191 be adopted.
8. MUNICIPAL CODE AMENDMENT (For second reading, Ord Intro 5-19-93)
City Clerk read title of Ord 1443 relating to the recovery of administrative nuisance abatement or
enforcement
(1
and title of Ord 1445 amending the Municipal Code to make the provisions of Chapter 6.04 0
congruent with the provisions of P.S. Disposal Services Agr. 3082.
after which, it was moved by Hodges, seconded by Schlendorf, and unanimously carried, Reller-
Spurgin absent, that further readings be waived, and that Ordinances 1443 and 1445 be adopted.
City Clerk read title of Ord 1444 amending the Municipal Code to continue imposition of the.8% (0�
TOT on group meeting hotel rentals. 00
Councilmember Schlendorf stated that she has a problem concerning the purposes for which the
funds are to be used and there was agreement for a sunset provision subject to certain conditions,
which she felt were not met,however, given the situation that the hotels want to continue and are
in favor of the continued collection, she would vote in favor of the continuance.
It was moved by Lyons, seconded by Schlendorf, and carried by the following vote, that
Ordinance 1444 be adopted, there being no objection to waiving of the reading:
AYES: Lyons, Schlendorf& Maryanov
NO: Hodges
ABSENT: Reller-Spurgin
9. EL CIELO
On May 19, 1993, the Council continued staff recommendation that the Council proceed with the
design and bidding of the repair of EI Cielo Road to a "prior to storm" condition and correct
deficiencies (CP93-05); and .amend the budget to appropriate $100,000 from Golf Course
Expansion Funds in order to replace the crossing, and restore upshream protection for the Golf
Course expansion.
In answer to question by Council, Director of Public Works reported that he was unable to (13
confirm the maximum time in which to file for grant funding, and thought it was 18 months. 02
Councilmember Lyons stated that there seemed a disparity between the fall of the wash at El Cielo
and the fall at Golf Club Drive crossing, and he would like a little more time to study the situation
and get more information, and questioned if the proposed action was urgent.
Director of Public Works reported that there is a difference between what is being proposed, in
that to the extent that there is improvement over replacement, that portion may not be eligible for
disaster funding. He also explained that question was raised at the last meeting about funding, and
an estimated revenue would be established for reimbursements anticipated, which would pay for
the work. He stated that previously there was concrete on the up and down stream side of the
culvert, which was not protected and caused a lot of damage when it was eroded, and the proposed
work replaces the original culvert, and adds cutoff walls to avoid the same damage.
Minute Order 5192 and Resolution 18102 as recommended was presented; after which, it was
moved by Schlendorf, seconded by Hodges, unanimously carried, Reller-Spurgin absent, that
MO5193 and R18102 be adopted.
tJt)LALf
Council Minutes
6-2-93 Page 5
10. COMMITTEE ON CONSOLIDATION OF SERVICE
Discussion regarding possible committee to explore consolidation of services, i.e., fire, with
neighbor cities.
Mayor suggested that this matter be continued to an adjourned meeting on June 8, and that
Cathedral City be contacted about a joint meeting. He stated that the committee proposal calls for
5 members appointed by each city, and that an eleventh member be selected by the 10 appointees.
City Attorney noted Attorney General opinion which makes the committee subject to the Brown '
Act, i.e., a joint committee submitting a single recommendation to both cities, having a chairman, (087_
and subject to providing notice of the appointments. He stated that such appointments could be 001
filled in the normal manner, and interviews would not be required, nor would appointees be
limited to only those who apply.
Consensus: City Manager to schedule joint meeting with Cathedral City Council.
It was moved by Lyons, seconded by Hodges, and unanimously carried that this matter be
continued to June 8, 1993.
it. 1993-94 BUDGET
Discussion and action, if any, regarding the 1993-94 Budget.
Councilmember Lyons stated that he would like the department directors to present options in line
with the proposal of Councilmember Schlendorf, which was presented at the May 25 study
session. Councilmember Hodges and the Mayor agreed, and the Mayor added that he would like
information as to how much it would cost/save if the City were to utilize the Sheriff.
Councilmember Schlendorf stated that her proposal also provided for revenue enhancements, and
allow departments to "keep" such enhancements as offsets to cuts.
City Manager stated that the Sheriff requires a resolution of the Council to develop the quote, (061-
other than ballpark figures. City Attorney explained that such a resolution would be an expression 015
of intent, and the Sheriff wants something on record that warrants going through the exercise of
developing the quote.
Councilmember Schlendorf stated that a valid comparison of services needs to be made, i.e., levels
of services and funds available to provide them.
Utility User Tax: Mayor stated that he preferred this matter be continued to June 8, in order to
have a full Council.
City Attorney stated that the effective date of a measure, would depend on how the ballot measure
was worded, that there is time required to work with the utility companies; that a retroactive date
may be possible, if the tax were imposed by the Council first, and then ratified by the voters;
however, he did not think it possible if it were only voted on to have a retroactive date.
It was moved by Lyons, seconded by Schlendorf,and unanimously carried, Reller-Spurgin absent,
that the budget discussion be continued to June 8, and include possible resolution to seek quote
from Sheriff,and department heads to submit cuts based on Councilmember Seblendorf's proposal
of May 25, and a discussion concerning the utility user tax.
ADDITIONAL LEGISLATIVE ITEMS: (Satisfied agenda posting requirements) - None
12A. HOTEL RATE SIGNS INTERIM URGENCY ORDINANCE
Staff Recommendation: That the Council approve an interim urgency ordinance restricting the
installation or use of, and prohibiting the issuance of any signs, permits, or any signs entailing
copy regarding hotel rates, in order to provide time in which to study the Sign Ordinance relative
to hotel signs.
Director of Planning&Zoning reviewed his report,explaining the need for the urgency ordinance, (103-
as outlined in his report. He added that the P.S. Hotel Association has expressed its opposition 038
to hotel rate signs, and that the urgency ordinance would be in effect for 45 days, during which
time a hearing would be scheduled to extend it for up to two years, and regulations would be
developed during that time period.
Council Minutes
6-2-93 Page 6
12A. HOTEL RATE SIGNS (Continued)
City Clerk read title of Urgency Ordinance 1446, as follows:
AN INTERIM ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO
RESTRICT THE INSTALLATION OR USE OF ANY SIGN INCLUDING MAIN HOTEL
SIGNS AND ATTRACTION BOARDS FOR PURPOSES OF DISPLAYING HOTEL RATES,
AND DECLARING THE URGENCY THEREOF.
It was moved by Schlendorf, seconded by Hodges, and unanimously carried, that fouther reading
be waived, and that Ord 1446 be adopted.
CONSENT AGENDA:
13. MO 5193 awarding contract for refurbishing Airport restrooms to J.Ivf. Builders, for$35,949, to (051
allow for the last of the older public areas of the Terminal to be refurbished, CP93-20, A3231. 03S
14. MO 5194 approving Amendment No. 2 to A3060 with Bechtel Engineering for additional (051
inspection and testing services for $19,980 for Airport Access Control; to allow for final testing 015
to occur.
15. Res 18103 approving Engineer's Report and setting date for hearing for amoral assessment of (056
Street Lighting Maintenance for fiscal year 93-94 (Crossley) District N0.3. 00/
16. Res 18104 approving Engineer's Report and setting date for hearing for annual assessment of (056
Street Lighting Maintenance District for fiscal year 93-94 (Eagle Way) District No. 4. 008
17. Res 18105 approving Engineer's Report and setting date for hearing for annual assessment of ( 138
Parkways Maintenance District 6A, 6B, 6C for fiscal year 93-94. 001
18. Res 18106 approving Engineer's Report and setting date for hearing for annual assessment of ( 138
Parkways Maintenance District for fiscal year 93-94 (Sunrise Note) District No. 7. 002
19. Res 18107 approving Engineer's Report and setting date for hearing for annual assessment of ( 138
Parkways Maintenance District for Fiscal year 93-94 (San Raphael, TM24853-1) District No. 8. 003
20. Res 18108 and 18109 approving Engineer's Report and confirming assessments for Street Lighting (8000�
Maintenance Districts 1 and 2, Cahuilla and McManus, respectively.
(SSA
21. See Item 27.
22. MO 5195 awarding purchase of a 4-wheel electric forklift truck from Sunston Equipment, Inc., (08p
for$21,771.73,which includes a trade-in allowance for a 1985, 3-wheel forklift truck, for use in
the City's receiving, warehousing and material management operation, and replacing unit that no
longer is cost effective to maintain, nor performs at a satisfactory level.
23. MO 5196 awarding contract to Hovey Electric, Inc., for$50,792, less deduct Change Order No. ( 130
1 for $11,572, making a total cost of $39,200 for installation of pedestrian traffic signal 001
installation on Indian Canyon at the entrance to La Plaza parking lot, CP93-12 (Tax Allocation
Bond project), A3232.
24. MO 5197 approving standard form amendment to the Standard Airline Use Agreement and setting (0 51
rates and charges for fiscal year 93-94, putting into place newly agreed upon increased rates and 015
charges.
25. MO 5198 approving agreement with Urrutia Prest Architects for design services for conversion ( 139
of the Convention Center storage area to an enclosed storage area, for$17,150, CP93-17, A3233. 001
26. Res 18110 and 18111 approving Payroll Warrants and Claims & Demands. (086
It was moved by Schlendorf, seconded by Hodges, and unanimoaisly carried, Reller-Spurgin
absent, that R18103 through 18111 and MO 5193 through 5198 be adopted.
Z1U� t�
Council Minutes
6-2-93 Page 7
27. AIRPORT CONCESSION CARTS
Recommendation: That the Council award purchase of four assembled concession carts and 3 sets
of display shelves for the Airport to Westrock Vending Vehicles corp., low bidder, for
$66,583.50; as part of the Airport Commission's efforts to increase concession revenues as well
as provide opportunity for more local business involvement at the Airport. (051-
Director of Aviation reported that the carts would be used for specialty gifts, e.g., flowers, candy, 039)
although nothing has been specifically determined, and some may be outside, and others inside of
the Terminal; that the Commission was unanimous in its approval of the project-, and the existing
date cart is company owned, and the Airport derives revenue via payment to the Air Terminal
Services, and it would remain. He stated that the bid is good for 30 days, although he did not
think price would vary in six months.
Councilmember Reller-Spurgin entered the meeting during this item,having been excused to attend
a school function for a family member.
Councilmember Hodges stated that the revenue projections did not seem realistic,given how much
income a single cart would have to make, and would be agreeable to trying less than four.
Mayor suggested a pilot program of something less than four, and a report back in six months.
Councilmember Lyons stated that department heads are being asked to be creative, and this is a
creative approach; that he agreed the estimated revenue are optimistic, and suggested that one or
two be tried to see how the figures developed.
Councilmember Schlendorf stated that she like the idea, and the spirit behind it; that it was
ambitious to expect repayment in two years, and probably four years was more likely, and she
agreed that two carts would be a good start.
It was moved by Schlendorf, seconded by Lyons, and unanimously carried, that Minute Order
5199 be adopted, awarding purchase of two carts (Note: correspondingly, the number of shelves
reduced from three to two, and the net reduced awarded amount equals $33,890.50.)
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
a) Councilmember Hodges complimented the newly installed sculpture at the Bird
Corporation, and urged people to see and enjoy it.
b) Mayor reported that he was in contact with a Boy Scout coordinator, and they will be
organizing to have Flag Salute and color ceremony at regular Council meetings.
PUBLIC reports or requests
a) Frank Coffey,concerning a property on Rochelle Road,he questioned whether properties
which were exempt from sewer connections in the past, i.e., areas with boulders, were
still exempt. Director of Public Works stated that two areas remain exempt because of (128-
terrain and which were approved by the State, and if Mr. Coffey had a specific address, 00)
he would be pleased to investigate the location.
b) Don Frank expressed his opinion that the Sunline Service Group JPA is not what it
purports to be, and he considered it a threat to people's right to walk.
c) Florence Coffey, Brentwood, complimented the position taken by Councilmembers
Schlendorf and Hodges on the possibility of a utility user tax.
d) Steve Adams, Police Officer, stated that he would be looking at a$15,000 pay cut based
on the city's offer, and questioned how it was derived; that he does not support a utility
tax, and it should go to the voters; and he favored cutting vacant position, and if they (061-
were later needed, and could be justified and funded, they should be reinstated. He 015)
stated that the Commercial Traffic Officer position was cut, but the vehicle remains and
the equipment in it is not being used, and should be sold; that he is also a homeowner
in Palm Springs, and will be required to install the sewer, and if he has to pay a utility
tax and take a salary cut, he will have to sell his home and move out of Palm Springs.
Council Minutes
6-2-93 Page 8
e) Sandy Bock, Sagebrush, suggested that if the Council is going to cut the Police
Department budget, it should consider keeping only patrol. (061
015
STAFF reports or requests - None
ADJOURNMENT
Mayor declared the meeting adjourned to Thursday, June 3, 1993, at 4 p.m., Large Conference
Room, to meet in Joint Hearing with the Tribal Council; thereafter to adjourn to Tuesday, June
8, 1993, at 2:30 p.m. in said Conference Room.
jam\ JUDITH SUMICH
City Clerk