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HomeMy WebLinkAbout1993 - MINUTES - 11/3/1993 17 CITY OF PALM SPRINGS CITY COUNCIL MINUTES NOVEMBER 3, 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, November 3, 1993,at 7:30 p.m. ROLL CALL: Present: Councilmembers Hodges, Lyons, Reller-Spurgin, Schlendorf and Mayor Maryanov Absent: None The meeting was opened with the Salute to the Flag led by Boys Scout Troop 905, and an invocation by Rev. John Griffin, United Methodist Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on October 29, 1993. COMMUNITY REDEVELOPMENT AGENCY: No business APPROVAL OF MINUTES: It was moved by Schlendorf, seconded by Lyons, and unanimously carried, that the minutes of September 29, October 13 &20, 1993, be approved. PUBLIC HEARINGS: 1. P.D. 228 &TM 20603-A - BUELAH RAEHN Planning Commission Recommendation: That the Council order the filing of a negative declaration and approve tentative tract map 20603-A and P.D. 228, for a 55-lot single-family subdivision located on Acanto Way, south of Bogert Trail, and east of South Palm Canyon Drive. Mayor stated that he would abstain due to a client relationship, and turned the meeting over to the Mayor pro tem. Director of Planning&Zoning noted that a lengthy staff report was provided with the agenda,and highlighted from it. He displayed plans, discussing the relationship of the project to existing developments,and explained that the amended specific plan includes the PDD but does not include the Raehn or Canyon Cove sites, nor certain Indian lands or the Fuerer property; that there would be residential abutting the Raehn property, as well as a proposed growing area for the golf course mainly for turf and some trees; that there is an environmental assessment being prepared on it that property not owned by Canyon Development would be in the specific plan would be single family at the same density as the General Plan and existing zoning; that the Raehn proposal meets (116- or exceeds lot size in the canyon project. He explained two proposals that the Raehn applicant 097 addressed, originally in 1987, and then later revised; that the plan before the Council relates to the original proposal, which called for a cul-de-sac at Acanto, and works around the canyon (137- project. He stated that the Commission approved the application subject to conditions, including 052 deleting one horse trail along Acanto, rather provide a median island and that use something other than standard intersection lighting;and that staff recommended keeping option open for equestrian trail; and if the Council agreed with the staff recommendation, the proposed resolution is so worded(condition 64), which would be dealt with in terms of final plans; and the developer will have to meet with the property owners affected to discuss it, and although it would not be subject to a public hearing, the final plans are required to be approved by the Council, and it can be worked through with the Desert Riders and others as to the best location for the trail, and by the time the alignment issue is critical, there will have been the public hearing on the amended specific plan. At request of the Council, he read in full the letter from Canyon Development. Mayor pro tem declared the hearing open. Josef Amin, Beverly Hills,architect for the applicant, stated that he understood the land use issues and that this was not an ordinary case; that they are not using Canyon development land, and did not think the letter from Canyon Development was accurate; that they have refrained from any planning applications which may seem to be contradictory to any good planning principles for Canyon; that they have contacted all neighbors and Tribal Council and they want to begin discussing the design configuration of Acanto Road, and that they want to bring that street to its most mature form, and not drag out the issue; that Bellamonte welcomes it, because it will solvc many of its problems,and only Canyon Development has not met with them; that in the new plan, Canyon located housing for low income next to the Raehn parcel,yet saying that Raehn is creating substandard housing, and when its lots are 15,000-20,000 square feet; and that the letter from Canyon creates confusion and is misleading. 1. PD 228 &TTM 20603 (Continued) Joseph Solomon, Canyon Development, stated that the first letter was written relating to the second Raclin application, which contained a lake, and there is no objection to the 1987 plan, however, the remainder of the comments in the letter relating to code objections stand; that he did not want to appeal to the Tribal Council, but is concerned about the timing issue, and if a safe plan is approved and agreement in place, with the amended specific plan and PDD, there would be no objection; and he repeated comments he made at previous meetings concerning the specific plan and it being past challenge, and when the amended plan is approved, all objections to neighboring development will be withdrawn; that he felt major progress was being made:and the environmental work stands ready to be met; that the specific plan has not been changed and he could not state that he would not be back and ask for other properties that they do not now have; and that if the Raehn plan is approved, he felt it necessary to file the Tribal Council appeal; that he did not want to interfere with the developer's progress, but wanted to know that his project is safe. Tom Davis, Tribal Council Planning Consultant, stated that he appreciated the work of staff and Mr.Solomon in conning to progress on the Specific Plan amendment, and that this is a procedural glitch, and asked that the record reflect that the Tribal Council opposes any subdivision inconsistent with the specific plan and therefore frustrates PSL1147. David Gilancy, Newport Beach, representing the Raehn family, stated that he has met with the staff and City Attorney many times on the question of whether to proceed; that they were opposed by Mr. Solomon, even though they agreed to sell their property, and the:promise to purchase was not fulfilled; that when they were asked to revise their map to conform to the existing plan they did so, which met with a lot of objections, and now Canyon is saying that they did not know which map was going to be before the Council; that he felt Canyon knew exactly what was being considered and had full information as to which map was being presented for approval; and that they have reverted pursuant to the Planning Commission request to almost the original map because it gives larger lots than the map which was made to fit into the overall plan for Canyon;that they are not convinced that it will adversely affect the Indian landowners mid feel it will add value;that it does not vary as to the number of lots or houses that were planned; that Mr.Davis would have to show that economically the Indians were being hanned;and that he urged the Commission and staff recommendation be approved, providing the varying lot sizes and bringing the development that the City and developer can be proud of. Ray Barmer (sp?) President of Desert Riders, stated that the trail may have to be abandoned at some point,from Acanto to South Palm Canyon and the Indian Park, but asked to allow its use until the Indian park is developed and the trail can be moved, and he was willing to work toward a solution. There were no further appearances, and the hearing was closed. In answer to question by Council, Director of Planning & Zoning stated that all lots will be created at one time, and proposal is to build a series of models and sell those, and designer-build for people on retraining lots, creating a custom residential subdivision; that the amended specific plan is targeted for presentation December 22 to Planning Commission, and to Council in mid- January;that the environmental assessment and 45-day review must be completed,and any written comments responded to; that a full EIR was approved for the specific plan, and because this development did not comply with desired criteria of original specific plaua,it was felt a full review was needed and to address whether this property would create any significant impacts; that was not found to be the case, rather there is a land use controversy, but one that was expected; that the same exercise is being followed in the amended plan; and that the environmental review on the specific plan is more related to the relocation of the hotel and the impact of that. Councilmember Hodges stated that the Council has an obligation to both Mr. Solomon and the Raehn family; that the Raclm's have a right to develop the property which they own; that there have been some possible restrictions on that ability and those do not apply any more; that the Council obligation is to approve the map and she felt it is consistent even with the original specific plan,and her view should not be construed as not wanting the Canyon project, rather a recognition of the obligation to the land owners who own land and have a right to develop it; and that she believed the amended specific plan will go through in a timely way and[ the Council will see it in January and the controversy will be resolved. Resolution 18212 regarding TTM, and Resolution 182113 regarding P.D. 228, were presented; after which, it was moved by Hodges, seconded by Lyons,and carried by the following vote, that R18212 and 18213 be adopted: AYES: Hodges, Lyons, and Reller-Spurgin NO: Schlendorf ABSENT: None ABSTAIN: Maryanov f) l 7" Council Minutes 11-3-93, Page 3 2. P.D. 224 - SHADOWROCK VENTURES DEVELOPMENT AGREEMENT On October 20, 1993, the Council continued hearing on Planning Commission Recommendation that the Council approve a Development Agreement with Shadowrock Ventures for project under P.D. 224, located approximately 1.5 miles west of Palm Canyon Drive, off Tramway Road, consisting of approximately 1100 acres for a combined golf course, residential, hotel, and other amenities project. Director of Planning & Zoning reviewed his memorandum, adding that there is no request for public financing, but can be discussed at the time a request is made; and that the plan will help execute the General Plan and stimulate the economy. (116- Mayor declared the hearing open; there were no appearances, and the hearing was closed. 089) City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, APPROVING THE SHADOWROCK DEVELOPMENT AGREEMENT, ADDING SECTION 9408.05 ENTITLED 'SHADOWROCK DEVELOPMENT AGREEMENT" TO THE ZONING CODE, AND AMENDING THE OFFICIAL ZONING MAP BY RECLASSIFYING A 1,100 ACRE SITE FROM U-R AND 0-20 ZONES TO BEING SUBJECT TO THE SHADOWROCK DEVELOPMENT AGREEMENT,WHICH SITE IS GENERALLY LOCATED 1.5 MILES WEST OF HIGHWAY 111 ON TRAMWAY ROAD IN SECTIONS 5, 6, AND 8 OF TOWNSHIP 4 SOUTH, RANGE 4 EAST OF THE USGS 7.5' PALM SPRINGS. It was moved by Hodges, seconded by Schlendorf, and unanimously carried, that further reading be waived, and that the ordinance be introduced for first reading. INTERAGENCY REPORTS: a) Councilmember Hodges reported that CVAG Executive Committee met on November 1, and she had hoped it would have a decision on whether there would be a task force on the taxi regulation issue, so that the Council would have some clear direction as to what was happening; that by a 4-4 vote, with Coachella not voting until this date, the matter was tabled, and a followup conversation with the Executive Director indicated it would be on the CVAG agenda at the end of November for consideration of removing from the table. b) City Manager requested potential dates for the Council to meet in joint dinner meetings with the 12 city boards/commissions. PUBLIC COMMENTS: a) Comments on matters not on the agenda: Don Frank, Desert Rail, announced that they are moving forward with the proposal for a rail system operating by 1995, and announced their next meeting will have a special guest speaker, and invited the Council to attend. Darrell Meeks, stated that five months ago request was made to grandfather into VillageFest his type of book sales; that there are new rules, and he is still restricted; that there have been reports from the Parks &Recreation Commission, and were not given to the Council; that Jerry Ogburn has a plan how it would be run if turned over to him; that Councilmember Hodges had asked for the matter to be on the agenda, and he was told it slipped through the cracks; that he feels the Council is being manipulated, and he asked that he be allowed to sell his books without restriction. Eric Meeks also commented on this subject, adding that restriction on the type of book sales in any fashion was censorship; that they pay county, state and city taxes every quarter, and it will be less because of not being allowed to participate in VillageFest. City Manager stated that he thought the matter was on the agenda,and recommended that the meeting be adjourned to November 10 for that purpose. Councilmember Schlendorf requested that copies of reports be provided to the Council. Ron Oden, Human Rights Commission Chair, commented on the activity of the Commission regarding recent disturbance at the High School,and"walk for USA(Unity, Solidarity &Acceptance) November 21, starting at Sunrise Plaza at 2 p.m. Council Minutes 11-3-93, Page 4 b) Comments concerning Item 3: Tim Thurtelow stated opinion that a separate entity or commission is needed to regulate the taxicab industry; that a public hearing is with the City Council; and that he felt Sunline was misleading the public, in that he did not think it took$25,000 per year to regulate the industry. Ron Cole, R&C Express Cabs, expressed opinion that Sunline was not working as the regulation agency; that it worked well at the Airport when it was under the City's (143- direction; that now it only nets large revenue to Sardine; that the Airport is the prime 001) property, and no cab company can stay in business without access to it; and he felt the situation cannot remain under Sardine. c) Comments concerning Item 9: Bob Stranger, Regional Manger Southern California Edison, commented on rate applications filed, and proposal by SCE to redesign rates; that through the; CVAG committee, SCE committed to a 40% reduction in bills over the next 5 years; that it is designing programs,rates and projects which will lower those bills; that it will not pursue one rate fits all concepts, rather develop investments by which high efficiency equipment can be installed; and he requested that matter be deferred to allow SCE to demonstrate real solid,substantial results in a systematic manner,and that the City's cost for the study might be used in some other manner. Karen Aguilar stated that she saw the SCE presentation, and felt it made sense, and it (147- recognizes the concern of the public in addressing the issue; and she agreed that Item 9 004) should be deferred for 90 days, and after that time, the study still could be approved. Ron Summers, stated that a municipal utility will cost the customers more in the long run, in that he felt the City would not operate it efficiently. Fred Ebeling commented that Anaheim took over distribution of the electricity, not its production, and he was concerned that the cost could end up being a sur tax. LEGISLATIVE ACTION: 3. TAXI REGULATION On October 20, the Council directed staff to provide preliminary report on regulation of taxicabs. Recommendation: That Council discuss possible alternative methods of regulation based on upon CVAG Executive Committee action on November 1. Director of Aviation highlighted his memorandum,providing an historical perspective,and stated that if the City withdrew from participation in the JPA for taxi regulation„it would need to provide notice,and it may be confusing to have regulation by two groups. He described options available. Councilmember Hodges stated that she was very concerned that CVAG will not do anything about this issue; that there are other cities which are also concerned, and perhaps the Council could get together with them and come up with something that would be more meaningful,and lacking that, Palm Springs might consider its awn regulation(other cities noted:Rancho mirage,Cathedral City and La Quints); and that the majority of CVAG Executive Committee members also silt on the (143- Sunline Board; that the biggest draw for the taxicabs is the Airport, and the Council has an 001) obligation to its users and local cab users to look at this issue. Councilmember Schlendorf stated that the purpose of CVAG is whenever cities share the same problem,it should be worked out through CVAG,and if there is not a better relationship,nothing will get accomplished; that Indio and Palm Springs are the largest, and if other cities do not see it as serious, then they are not paying attention to the spirit of the JPA; that Sardine wants to work it through, and possibly looking at breaking out the Airport and restructuring the budget. In response to comment, she stated that keeping it under Surdine is still a problem; that drug;testing, vehicle testing, can be done differently, and some aspects can be privatized; and she suggested working with Sardine to break off regulations of taxicab service at the A,iirport,and set up a board to hear appeals on that, and look toward privatizing other daily aspects. Councilmember Lyons stated that the per trip charge, rather than a per mile charge, is disproportionate, and questioned if Sardine was willing to look at it. Councilmember Hodges stated concern that the problem of conflict of:interest is not eliminated, and the issue is larger than just breaking the airport away from the regulations. 17 Council Minutes 11-3-93, Page 5 3. TAXI REGULATION (Continued) Councilmember Reller-Spurgin stated that there is a group of people who are being forced to comply and do not have confidence in those who are making them comply, and are asking the Council for help and the council needs to listen to them. It was the consensus of the Council to pursue the formation of a committee to which other cities will be invited to join to address the issue, and for the City to look at Sunline's proposal, and to break away from the Airport. It was moved by Schlendorf,seconded by Lyons,and unanimously carried, to pursue both options, with a report on invitation to other cities on November 17; and it was moved by Reller-Spurgin, seconded by Schlendorf, and unanimously carved, that Councilmembers Hodges and Lyons be appointed to sub-committee. 4. PROPOSED CITY-WIDE PARKS &SAFETY LIGHTING DISTRICT (No. 9) Staff Recommendation: That the Council approve a resolution initiating proceedings for the formation of the city-wide Parks&Safety Lighting District, for maintenance of parks, parkways, safety lighting, and related areas; and order the preparation of the Assessment.Engineer's report; and provide direction on the maintenance costs to be included in the district and the Equivalent Dwelling Unit (EDU) formula to be used as delineated in the feasibility study from BSI Consultants, Inc. Public Works Administrative Manager reviewed the memorandum of the Director of Public Works. Jeff Cooper, BSI(feasibility study consultant)stated that the improvements proposed are regional in nature, and either individually or collectively benefit all properties in the City, i.e.,parkways, and parks increase the value of property in the City, without which the property values would decline-adding that if they were not maintained and removed, value would be lost; and that the district is a mechanism to provide the funds for the maintenance. He stated that the amounts shown in the report, provide funding to cover the current level of service. Councilmember Reller-Spurgin noted that the current level of service is a decrease in service over prior years because of the budget problem; and that she met with people in the community who (138 do not want to just maintain the level, but to enhance it,and she had a number of questions which she would like answered. In answer to questions by Council, Mr. Cooper stated that the feasibility study provides costs for current level, and for adding service levels; that the administrative cost factor should not increase simply because the added service level is included, nor would the consultant and noticing costs be included each year. A brief discussion occurred as to why BSI was retained, some members felt it was for developing the engineer's report, and others to establish the EDU. The Administrative Manager distributed copies of the full feasibility study, along with a supplemental report from the Finance Director, including samples of assessments and four options as to the EDU(a copy of which is on file with the City Clerk). Mayor stated that to raise$3.155 million,it would take approximately$92 per equivalent dwelling unit, or I$7.75 per month per household, and if the enhanced level of service were added, it would be another $23 or a total of$10 per month per household; and that the choices are not simply whether to enhance or maintain, but also to lose what is now in place, and $7+ per month is a heavy load. Mr. Cooper responded to Council questions stating that a growth or escalation factor could be considered, and would need to be part of the formation of the district; that the Council can raise up to the maximum assessment without re-noticing; that a flat percentage increase is easier to administer and understand than a CPI adjustment; that Indian-owned land, which is vacant or contains Indian-owned improvements, would not he assessed, but could be assessed where privately held improvements have been made, and that School district would also be exempt. he also stated that funds from the district are required to be held in a separate Fund and used only for the purposes of the District. (Not for General Fund use) Councilmember Reller-Spurgin stated that the decline of the parks detracts from the City; that people are concerned about them, and about their children not having adequate places to go and play; that there have been comments about privatizing the swimming pool, and questioned if there would be savings from that. The response was it would be mostly operation and related to payroll. Council Minutes 11-3-93, Page 6 4. PROPOSED SLMD (Continued) City Manager recommended Option A EDU, and that the hearing will be advertised, and the Council may amend the amount as long as it is not higher than what was noticed in the Resolution of Intention. He responded to Council question stating that unless an item is no longer provided, the funds that would not otherwise be provided through the district,would have to be paid,as they are now, from the General Fund. In response to question by Council, Director of Finance stated that it will take $4 million to v replace the utility lax revenue. o u+. 7' Councilmember Schlendorf stated that the district funds means that funds that would have been spent from the General Fund will be spent on something else; and that there still will be a deficit of$1 million. She added that the T.O.T. was increased, but it did not raise the same amount as was ultimately appropriated, and resulted in it being deficit$300,000 under projections. City Manager stated that there are proposed options to deal with the deficit; and that there needs to be a process begun; and the Council needs to determine what malrntenance costs should be included and which EDU to use, which would then be reflected in the ]Engineer's Report. Councilmember Hodges stated that she did not want any of it, since it its a piecemeal approach, and there are other options; that it is not known how much will be needed, nor what the Council's goal is; that she is extremely concerned that if the district is put in place, even for a minimum amount, it will eliminate all other options because the citizens will not be taxed from all different fronts; that she favors the CSD for police and fire, leaving funds available for parks but with an emphasis on police and fire, which she felt is what the community will support. She stinted that if the Council takes action, it will eliminate the possibility of any other prospects„ that if the city election is changed to June, it could go to the voters, and she thought the CSD was being pursued. Councilmember Schlendorf inquired as the status of the CSD, and agreed it should g-D to the voters, and the Council should work to get it passed and with a permanent solution. Mayor stated that the Council should move forward with securing revenue; that he felt the proposed district for $3 million needed to be reduced, ,and when the CSD comes on line, the district for parks can be eliminated; that there are other considerations that are happening which will improve the economy, but those take time to come to fruition. Councilmember Hodges stated that the Council is not being presented wi th all of the options even though some have been requested since January,rather the easiest,which will make it difficult for citizens to protest; that the Council is not taking a full look at what it wants to accomplish; that the subject district would not go on the tax roll any sooner than a CSD approved by the voters in June, 1994. Director of Finance stated that he was uncertain whether the June election date could be met, i.e., because LAFCO requires a complete legal description of the boundaries of the City, which is why the proposed district was moving ahead, which is simpler to obtain approval and secure on the 1994-95 tax roll; and Planning staff estimated several months to complete the legal description. Councilmember Lyons stated that Option A seems to be the most equitable,;that he feels the hotels contribute a lot now and he would not favor punitive measures on them. City Attorney suggested that if the Council wished to reduce the $3 to be collected through assessment, it do so as a base amount and not attempt to earmark line items. City Manager and Mr. Cooper reiterated that the actual amount fixed can be less than what was contained in the notice, but not more. Mayor stated that more discussion is needed as to what could be done to reduce the$1.359 million in the study and still maintain the:level of service. He also asked that iinformation be provided as to the what the 1994-95 budget will look like in terms of the shortfall, and noted that the Council approved the Teeter Plan, is reducing medical, and revenues seem to be picking up, salaries have been frozen, but cannot remain so forever. He stated that the amount: of the proposed assessment needs to be clear by the December 15 deadline, after which notices will be mailed. City Manager stated that there should be good data available regarding the budget by February, 1994. Councilmember Reller-Spurgin stated that the proposed assessment is a reduction in service level, and the Council has continued to deal with the 1993-94 budget. f) ll 79 Council Minutes 11-3-93, Page 7 4. PROPOSED SLMD (Continued) Resolution 18214 as recommended, providing$3 million estimated revenue from the district, and establishing Option A EDU, was presented, after which, it was moved by, Lyons, seconded by Reller-Spurgin, and carried by the following vote, that R18214 be adopted, and Option A followed: AYES: Lyons, Reller-Spurgin and Maryanov NOES: Hodges & Schlendorf ABSENT: None Councilmember Hodges questioned whether the staff is still directed to proceed with the other options, and if so, to do so faster, as she felt there was "feet dragging," which she resented, and felt it was because the other options are more difficult and are not popularly requested and require voter approval. Mayor stated that the staff is still so directed, and asked that staff proceed as quickly as possible. 5. CONSOLIDATION OF GENERAL MUNICIPAL ELECTION Consideration of proposal of Registrar of Voters of Riverside County for a cooperative, county- wide consolidation of all municipal and special district elections to be held in November of odd years, at a guaranteed minimum cost reduction of 45%. All agencies must agree to the cooperative change, and action is needed to either request consolidation, or decline participation by December 1, 1993. City Manager highlighted the memorandum of the City Clerk, noting that the Registrar has stipulated that the reduced election costs will apply for June, 1994 and November 1995 even if other jurisdictions to not join. In response to question by Council, City Clerk stated that once the election has been held on the new date, it can be again changed;and that the Board of Supervisors approval is required to make (083) the ordinance operative, but it has consistently supported the Registrar's recommendation and effort to secure the changed dates. She read title of the Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF RIVERSIDE COUNTY TO APPROVE CONSOLIDATION OF GENERAL MUNICIPAL ELECTIONS WITH CERTAIN ESTABLISHED ELECTION DATES; AND ADDING SECTION 2.04.080 TO THE PALM SPRINGS MUNICIPAL CODE TO ESTABLISH GENERAL MUNICIPAL ELECTION DATES. Mayor noted that the effect of the change will be the extension of two member's terms to June, 1994, and the reduction of three members terms from April, 1996 to November, 1995. It was moved by Reller-Spurgin,seconded by Lyons,and unanimously carried,that further reading of the Ordinance be waived, and the Ordinance be introduced for first reading. 6. SEWER MASTER PLAN Staff Recommendation: That the Council accept the Sanitary Sewer Master Plan report,prepared by Montgomery-Watson,pursuant to 1991 action,recognizing system deficiencies and establishing future work in the Capital Improvement Program. (127- ITEM WITHDRAWN BY CITY MANAGER 001) 7. WASTEWATER TREATMENT PLANT - EXPANSION EVALUATION CONSULTANT Staff Recommendation: That the Council approve an agreement with Montgomery-Watson for design and consulting services to determine scope of the next logical expansion of the treatment facilities, to insure continued sewage treatment within permit requirements, A3297. Director of Public Works reviewed his memorandum, and responded to question by Council stating that the division head was overseeing the Treatment Plant was recently changed, and the consultant was very familiar with, and had prior information about, the Plant, and it was felt it (127- would not be cost effective to go to bid for another consultant. 001) Councilmember Hodges expressed concern that there are companies looking for work, and she felt a good price could be obtained, and the City should not contract with someone just because it is easy to do so, and a bid process might result in lower cost. �. rr Council Minutes 11-3-93, Page 8 7. TREATMENT PLANT (Continued) Mayor stated that it was not recommended simply because it was easy, rather that the consultant had familiarity with the Plant and, therefore, an advantage over other companies, and he relied on staff to make that clear. Director of Public Works stated that other firms were used in the past,and there was total failure, which is the point at which Montgomery became involved, and produced a first-class turnkey operation which is the major reason for the recommendation to stay with the firm. Councilmember Schlendorf asked that if alternative sludge sites were; to be considered, that composting green waste also be addressed. Minute Order 5276 approving agreement as recommended, was presented; after which, it was moved by Lyons, seconded by Reller-Spurgin, and carried by the following vote:, that TA05276 be adopted: AYES: Lyons, Reller-Spurgin, Schlendorf and Maryanov NO: Hodges ABSENT: None 8. INDIAN CANYON WAY - TRAFFIC SIGNAL Consideration of alternative programs for directing staff to proceed with mitigating the existing traffic situation at Indian Canyon Drive and San Rafael, CP91-15. Director of Public Works reviewed his report,detailing each of five options; and stated that there have been five injury accidents, and the intersection meets warrants to qualify for a signal; that there are requirements which must be followed in order to obtain federal aid grant funds, and to alter those, may result in loss of such funding - estimated at $100,000 for this project, and jeopardizing future projects which encompass the intersection. He stated that the staff had hoped that all property owners would agree to dedicate the property, however, one is not willing to do so, and an appraisal is required. (130- Councilmember Hodges stated that she would like to try the 4-way stop intersection as an interim 001 measure, and if it becomes a problem, it can be removed until the signal is installed. Director of Public Works stated that the number of accidents will increase, even if they are minor in nature; and added that contact with the owners has been as informal as possible, because anything more formal would violate the grant requirements. Councilmember Schlendorf stated that before a temporary solution is attempted, she would like input from the Desert Highland neighborhood. Staff requested to move forward as quickly as possible,providing the Council with a time line and status report. 91. MUNICIPAL ELECTRIC UTILITY - PRELIMINARY FEASIBILITY ANALYSIS Staff Recommendation: That the Council accept the Statement of Qualifications Proposal from R.W. Beck & Associates, to conduct a preliminary feasibility analysis for a municipal electric utility for Palm Springs, for$26,253, in order to establish operating and financial parameters and comparison of revenues from such an operation to that collected by Southern California Edison, A City Manager reviewed the memorandum of Director of Aviation. (147- 004) Councilmember Lyons stated that decry by SCE and others as to how impossible it would be for the City to form and run a utility is propaganda; that the "fatal flaw" feasibility study showed a projected that a successful operation would add $3 million to General Fund each year and save possible 2040% on utility rates; that one of the reasons given for companies leaving California was that electric rates are too high; that the CVAG committee is moving ahead with its efforts with SCE, which has given rate averaging as an answer, but it has been asked to reduce rates, which are the 7th highest in the country; that L.A. DPW transfers tens of millions of dollars to the general fund, and sells power at 9.9 cents pkh; that the PUC has expressed concern about the problem, but has not done anything to solve it; that he felt the City must pursue and go look at the long term solutions; that SCE seemed to be answering because of the;threat to leave the issue on the tale, and the City must find out if it is feasible to become a municipal utility. Council Minutes 11-3-93, Page 9 9. MUNICIPAL ELECTRIC UTILITY (Continued) Councilmember Hodges encouraged SCE to continue its work and to obtain a 40% reduction in five years, and that the City should not stop looking at options, which could be accomplished concurrently; and she supported the expenditure, which was budgeted for this year. Mayor stated that he thought the Council should wait up to 45 days and should hear a presentation by SCE,as to what is happening now,not in five years, to reduce energy costs, and specifics and not just percentages; and that buying air conditioning equipment takes years to amortize, and rate averaging is meaningless; and if there are no specific answers from SCE at the end of 45 days, the Council could proceed with the study. Councilmember Schlendorf stated that the study needs to be more comprehensive, and needs to tell what is needed to move ahead in detail more than is known now, e.g., buy back of the debt. Councilmember Lyons stated that cities in the prior study showed a great deal of capital, which had to have been recovered from the operation of the utility. Councilmember Reller-Spurgin stated that she laughed at the idea of advertising for the study in the local newspaper, and questioned what difference the study will make compared to the other study that was done; and that it is only the first phase, which could lead to a second phase of up to $600,000 and a third phase of$200 million. Councilmember Lyons stated that no one knows how much it will cost to condemn the system. It was moved by Maryanov, seconded by Schlendorf, and carried by the following vote, that this matter be continued to December 15, in order to obtain specific cost saving programs, and timelines from Southern California Edison: AYES: Reller-Spurgin, Schlendorf&Maryanov NOES: Hodges & Schlendorf ABSENT: None 10. TRAFFIC ENGINEERING PROPOSAL&FEE SCHEDULE AMENDMENT On October 6, 1993, Council continued recommendation to amend the Comprehensive Fee Schedule establishing a fee schedule for intersection warrant analysis in compliance with the Manual of Uniform Traffic Control Devices(M.U.T.C.D) for stop signs and traffic signals, and approve agreement with Robert Bien, William Frost&Associates for traffic engineering services for the City of Palm Springs in order to provide safer intersections within the Community. A3298. City Manager reviewed the memorandum of the Director of Public Works. Director of Public Works stated that additional language has been suggested by the City Attorney if the Council wished to address the issue that a person would only pay the costs if they wished to proceed immediately; and that if the intersection does not qualify, the traffic control will not be installed. (130- 001) Resolution 18215 amending fee schedule, and Minute Order 5277 approving agreement, were presented; after which, it was moved by Schlendorf, seconded by Lyons, and carried by the (114- following vote, that R18215 (subject to language approved by the City Attorney) and MO 5277 008) be adopted: AYES: Lyons, Reller-Spurgin, Schlendorf&Maryanov NO: Hodges ABSENT: None 11. AIRPORT CONCESSION PROGRAM EXPANSION Airport Commission Recommendation: That the Council approve an expansion program for the Airport concessions, and authorize a lease amendment to agreement with Air Terminal Services, Inc., (A612). Director of Aviation reviewed his memorandum, noting that if the program is successful, more will be asked for next year; that the concession fees are increased for amount in excess of $500,000 -last year it was about$686,000, and that the basic agreement term expires in 2002. (051- 034) Minute Order 5278 as recommended was presented; after which, it was moved by Lyons, seconded by Schlendorf, and unanimously carried, that MO 5278 be adopted. G Council Minutes 11-3-93, Page 10 12. MUNICIPAL CODE AMENDMENTS (Intro. 10-20-93, for second reading&adoption) cey'J City Clerk read title of Ord 14513 re business license tax for limousine businesses; and of Ord 1459 re subdivision standards c K - after which, it was moved by Schlendorf, seconded by R.eller-Spurgin, and unanimously,carried, that further readings be waived, and that 01458 and 1459 be adopted. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirements; materials at meeting) A13. SUNLINE SERVICES GROUP JPA Consideration of approval of JPA to create a Sunline Services Group for area-wide services including an alternative vehicle fueling station, A3299. City Attorney reported that the language was intentionally left vague its to what additional area wide services are, and might include graffiti, and he was recommending approval. Councilmember Hodges stated that she did not like that the majority can say how much will be assessed against the members, and that it required a unanimous approval. City Attorney stated that a budget can be approved by a majority if there is no assessment included, but if an assessment is required a unanimous vote is required; that 2/3 of the members could change the rules and eliminate the majority vote, leaving a potential loophole; that each city has the option to pull out,but there would continue to be liability prior to the date of withdrawing; and that a majority vote is required to add other services. (143) Councilmember Hodges stated that she thought it a good idea to contuone this matter to further review it, and she found it extremely confusing as to what was a unanimous vote and what was a 2/3 vote. City Attorney stated that two member agencies could agree to add cab;si, which would require a 2/3 vote of the JPA, however, it would only be added for those agencies which had asked for it, and the cost would be assessed to them, and those who did not want to participate would not pay the cost; and that the Sunline Board continues to oversee the services. Councilmember Schlendorf stated that the JPA approval was held over in order to get the Palm Springs changes; that there is a need to get the fuel station operational, ,and a conference call was held to clarify issues, and the JPA contains those things which Palm Springs wanted the Mast time the Council reviewed it. Resolution 18216 as recommended, was presented; after which, it was moved by Schlendorf, seconded by Mary:mov, and unanimously carried, that R18216 be adopted. B13. CONSOLIDATION OF FIRE SERVICES Council requested this matter be on the agenda for discussion. City Manager reviewed the proposed makeup of the committee. Councilmember Hodges asked when the report was given to the Council, adding that it was not clear what the Council was being asked to vote on. City Manager stated that it became a semantics issue between what the two Councils had (08 7- recommended, and suggested the matter be continued to November 10„ and the structure more 001) clearly laid out. It was moved by Lyons, seconded by Roller-Spurgin, and unanimously carried, that this matter be continued to November 10, 1993. C13. CATV - REGULATION OF BASIC SERVICE RATES Recommendation: That the Council authorize the filing of Form 328 with the Federal Communications commission (FCC) to obtain certification for the city to regulate basic cable service rates. City Manager highlighted the memorandum of Director of Finance. (0&9- 004) Resolution 18217 as reeommend«l,was presented;after which,it was moved by Lyons, seconded by Reller-Spurgin, and unanimously carried, that R18217 be adopted. Council Minutes 11-3-93, Page 11 D13. BUDGET AMENDMENT & ALLOCATED POSITION & COMPENSATION PLAN AMENDMENT -GRAFFITI PROGRAM Recommendation: That the Council amend the budget to appropriate an additional $26,357 from the Gas Tax Fund, and amend the Allocated Position&Compensation Plan to replace a part-time (061- graffiti program position with a full-time traffic maintenance worker(G-14) position, in order to 015) reinstate the graffiti abatement program to its original form. (061- Resolution 18218 and 18219 as recommended, was presented; after which, it was moved by 018) Reller-Spurgin, seconded by Lyons,and unanimously carried,that R18218 and 18219 be adopted. CONSENT AGENDA: 14. MO 5279 approving an agreement with the Palm Springs Community Fireworks Committee for (104- tlre purpose of putting into place a community fireworks show and carnival for the 1994 001) Independence Day celebration by an association of concerned and dedicated citizens, pursuant to _ Council directive September 8, 1993, A3300. 15. Res 18220 approving amendment to Memo of Sublease with SENCA for a new legal description for approximately 9.5 acres directly east of the Convention Center, as requested by the title (117- company, A2738. 035) 16. Res 18221 approving assignment and assumption of sublease agreement with SENCA and M/M Tom Suitt, trustees of a revocable trust, subject to personal guarantee of the sublease by M/M (117- Suitt; necessary due to the October 14 sale at auction of a sublease between SENCA and the City 035) (A2738). 17. MO 5280 approving subrecipient agreement with P.S. Unified School District for$12,000 for job (085- training programs, re CDBG 1993-94, A3301. 001) 18. MO 5281 approving subrecipient agreement with Fair Housing Council of Riverside County,Inc., (085- for$36,500 for fair housing program, re CDBG 1993-94, A3302, 001) 19. Res 18222 declaring intent and setting public hearing on the vacation of a portion of Rochelle (145- Road, westerly of Indian Canyon Drive, at request of property owners. 001) 20. Res 18223 and 18224 approving payroll warrants and claims&demands; Councilmember Reller- (086) Spurgin abstaining on No. 880206 It was moved by Lyons, seconded by Reller-Spurgin, and unanimously carded, that Resolutions 18220 through 18224 and Minute Orders 5279 through 5281 be adopted; see Item 20 for abstention. COMMISSION APPOINTMENTS: a) Gamine Task Force: It was moved by Schlendorf, seconded by Lyons,and unanimously carried, to confirm the Mayor's appointment of the following persons to comprise the (� e- Gaming Task Force: Phillip Bennett, Joan Cole, Dudley Gray, Ziva Hillinger, Jerry London,Valerie Milot,Thomas Patton,Thomas Pettit,Milton Robbins,Jim Stuart,Joyce Van Brakle. b) Board of Appeals: Mayor requested this matter be continued to November 10, 1993. (060- So ordered. 00 3) ADDED STARTERS: None REPORTS &REQUESTS: a) Treasurer's Monthly, 1992-93 -Received for Filing (121- 002) CITY COUNCIL reports or requests - None a) Councilmember Schlendorf congratulated staff on attaining a grant for bike paths, and pp reminded the public, that such funds are limited to those purposes, and cannot be used for general operating. �i� PUBLIC reports or requests Council Minutes 11-3-93, Page 12 a) Jeremy Crocker commented that regarding Item 9 the total capital of SCE according to its franchise report, by extrapolation, suggests-a value of$95 million. STAFF report or requests ADJOURNMENT There being no further business, Mayor declared the meeting adjourned to Closed Session, then to Wednesday, November 10, 1993, 7:30 p.m., Large Conference Room, JUDITH SUMICH City Clerk