HomeMy WebLinkAbout1993 - MINUTES - 12/15/1993 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
DECEMBER 15, 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, December 15, 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 Boy Scout Troop 199, and an invocation by
Reverend Jerry E. Johnson - Lily of the Valley, Church of God in Christ.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with
Council procedures on December 10, 1993.
PRESENTATION: P.S.H.S. Commissioner of Community Relations-Natalie Nelson
Presentation by Liberty Mutual to Robert Morgan-Fire Engineer
Proclamation to Ruth Licata - City of Palm Springs - Outstanding Citizen
CLOSED SESSION REPORT: City Attorney reported on matters discussed in Closed Session, as shown
on his Statement of Basis for Closed Session rei,ort, and added that the
Canyon Project, under Real Property Negotiafious, was not discussed,
and the Council would adjourn to Closed Session at the end of this
meeting, to discuss that item.
INDUSTRIALDEVELOPMENTAUTHORITY,HOUSINGAUTHORITY,FINS NCINGAUTHORITY:
No Business
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose
of convening as the Community Redevelopment Agency; after which members Teconvened as the City
Council.
APPROVAL OF MINUTES:
It was moved by Schlendorf, seconded by Lyons, and unanimously carried, that the minutes of
November 10, 17 and December I, 1993, be approved.
PUBLIC HEARINGS:
1. COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY
Recommendation: That the Council receive public testimony on the Comprehensive Housing
Affordability Strategy and adopt the strategy for submittal to the Department of Housing and
Urban Development in order to comply with all Federal regulations.
CDBG Coordinator reviewed the memorandum of Director of Economic Development,noting that
one written response was received from Desert Aids, and its comments and statistics have been
incorporated into the report.
Mayor declared the hearing opened; there were no appearances, and the yncaring was closed.
In response to question by Council, the Director of Economic Development reported that there is (085-
a category of special needs, e.g., elderly, for which there are not specific targeted amounts of 003)
money, nor in the long term strategy as yet since there is no opportunity available right now; that
they are included in the analysis of the needs, and the Desert Aids comments were helpful in that
regard, and there would be a response to an appropriate proposal to address such a need if one
were to come forward.
Resolution 18253 as recommended was presented; after which, it was moved by Lyons, seconded
by Hodges, and unanimously carried, that R19253 be adopted.
INTERAGENCY REPORTS:
a) Councilmember Lyons reported on activity of the Valley-wide task force on airline
service.
' (l
Council Minutes
12-15-93, Page 2
PUBLIC COMMENTS:
a) Comments concerning Item 2.
Darrell Meeks stated That the charter gave too much power to the Council, and that legal
work to prepare it will be costly, as well as the election expense to change it if it is (075-
adopted, and only 10% of new cities are charter cities, and only 20% of all cities are 001)
charter cities.
b) Comments concerning Item 3.
Darrell Meeks asked that the Council place any tax or assessment it is considering on the
ballot for approval.
James Tone, Madsen Avenue, stated that the added revenue is only needed because of
the Convention Center, and that he felt a utility tax was mo:re equitable and relates to the (138-
ability to pay. )
David Cooper, San Angelo, stated that a lot of people have worked hard to make certain
that the parks stay open, and want the assessment district to proceed.
c) Comments regarding Item 4
Bill Byrne, Overlook Road, commended the Council for proceeding with action for a
municipal utility,adding that similar opposing arguments were trade by SCE fifteen years
ago when another effort was tried.
Bob Weithom, Belardo Road, agreed and added that residents and merchants face
closures due to peak summer electric bills.
Don Woodfield, former SCE employee, stated that lower rates would help SCE in the
long run.
(147-
Robert Stranger, SCE Regional Manager, read a prepared statement, a copy of which is 004)
on file with the city clerk-, noting that SCE suggestions were presented at the last study
session, and recommended that the option of studying a municipal electrical system
remains available at anytime to the City, and requesting it be tabled in favor of a joint
valley-wide bill reduction effort, with reports every 90 days.
David Ortega, Brasy Place, suggested that SCE's suggestions should be ignored, and that
the Council should focus on the rates; and that the SCE proposal only shifts the cost from
high energy users to lower energy users.
d) Comments re Item 12
Don Frank, Desert Rail, stated that they are committed and ready to proceed if the
Council grants it approval;and he hoped the Council would approve the MOA as written.
e) Other comments on matters not related to the agenda (143-
Fred Ebeling commentedregarding the process for RFP on the government access cable, 001)
and that he was unable to secure documents, which he fell were public information.
(Note: He also commented on this subject at the end of the meeting, and the City
Manager asked him to contact him for copies).
Lee Vinocour read some comments about himself, and about his view of government in
general, and asked that the Council work with its citizens.
Gary Bosworth commented regarding parking lot violations of handicapped access, that
more will be in violation after Title 24 update is effective; that the Building Department
is working on some of them; and he was pleased with the results of remedies at the
former San Carlos Apartments in making them handicap accessible.
LEGISLATIVE ACTION:
Council Minutes
12-15-93, Page 3
2. PROPOSED CHARTER
Discussion regarding proposed Charter. Materials at meeting.
City Attorney reported that this matter was discussed at the last study session, and changes were
"redlined" and a revised copy provided to the Council, i.e., removal of office of board or
commissioners, and franchises; that concerning fiscal year, the Director of Finance has concerns
about an October-September basis, and does not believe it needs to be in the charter; that he was
suggesting the October cycle, and if it is found later to not be needed in the charter, it could be
revised to allow enabling authority to permit changing the fiscal year by ordinance.
Director of Finance stated that when the City of South Lake Tahoe, a general flaw city, changed
its fiscal year, after securing special State legislation, in order to avoid maintaining two separate
sets of books in order to provide the data for gas tax, grants, and other SI-to subventions.
City Manager stated that the city is trying to move toward more aggressive automation, and he
believes it can be handled through better data processing, and he recommended following the City
Attorney suggestion, and if it must be included in the charter, then the issue will have to be
reconciled.
Mayor stated it is a very valid concern, and based on his own business, ian which he maintains two
sets of(books for varying time frames, it is burdensome and time consundng.
Councilmember Schlendorf stated that complete automation, hopefully by June 30, will reduce
some of the expenses of the City, but even an extra 25% cost in maintainng the books is very
costly and it is tedious.
Mayor pointed out that a major factor in changing the date related to the rity's municipal election
date, and the burden of adopting a budget placed on newly elected councilmembers; that the
change in date to November eliminates that concern. He stated that the Cotmcil is considering a
charter because it believes it will reduce the cost of running the City; t➢_hat he felt the Council's
instruction was to replicate what the City has now as a general law city, and to give additional
authority in those areas that the Council can cut costs, e.g., eliminating prevailing wage rate on
contracts; and he questioned if the draft charter gave new authority to tlae Council, recognizing (07 5-
that there is such potential, but subsequent action would be required. 001)
City Attorney stated that he understood the Council wished to replicate processes,procedures, and
structures and that there have not been any fundamental changes in that regard; that in terms of
spheres of power,he did not understand that the Council only wanted authority in areas that would
financially cut one way or the other, rather he looked at getting all of the potential authority that
a charter city has which is greater than a general law city; that the State has demonstrated it does
not respect local units of government, and intends to protect its own fiscal circumstances; that a
charter gives protection that subjects the city to its own laws and rules and not those of the State;
that it is true charter cities have more power than general law cities, ➢fiat it can be beneficial
financially,e.g.,related to prevailing wages for contracts,and revenue sources that potentially are
available are less clear for general law; that State legislation does not apply to charter city and is
one reason why there is an interest, since there are times when the City does not want to be
subject to State laws; that the charter was prepared with a modest budget, and no increase in the
City Attorney costs; that it is true the Council will have greater power, and greater capacity than
a general law city, which may mean a better spread of that power, e.g., in the area of franchises.
In answer to question by Council, he stated that there is time to place tLo measure on the June
ballot, and the Council may wish to consider the type of public information or program it would
like to have conducted. He also responded that if changes are suggested by the public, and the
Council agrees, the Council may change the draft charter prior to placing it on the ballot; and that
if it did not agree, the citizenry would be free to circulate an initiative petition; that once the
charter is approved by the voters, it can only be changed by the voters, either through Council or
voter initiative; and that only a majority vote is required.
As a result of discussion, it was the consensus of the Council that a scheYule of public meetings
be developed, along with a report relative to the fiscal year dates, and presented at an early
January study session; and that public workshops be conducted, and the final draft charter be
presented to the Council for ballot consideration by its second meeting in February, 1994.
In answer to question by Council, Director of Public Works stated that the savings by not paying
prevailing wages on contracts would depend upon the level of the capital projects, however, it
could be significant.
Council Minutes
12-15-93, Page 4
3. PRGPCISED CITY'-WIDE PARKS & SAFETY LIGHTING DISTRICT
Recommendation: That the Council approve the Engineer's Report prepared by BSI Consultants,
Inc., for the formation of the proposed City-wide Parks&Safety Lighting District, with the same
boundaries as the City, for the maintenance of the City's parks, parkways, safety lighting, and
related areas. Council direction is sought on the maintenance costs to be included in the District
resulting in the final Equivalent Dwelling Unit(EDU)costs. Council is also requested to approve
the Resolution of Intention which sets the Public Hearing date for February 23, 1994.
City Manager reported that, if approved, there would he two public workshops one on January
18, 1994 at 7:30 p.m., Raymond Cree Middle School, and on January 29, 1994, 10:30 a.m. Palm
Springs Pavilion, the public meeting before the Council will be on February 9, and the public
hearing on February 23, in the High School auditorium.
Contract Administrator Mohler reviewed his report of December 15; submitted the assessment role
and diagram, and noted that the; public meeting and public hearing are requirements, and the
workshops are for additional public information; that the Engineer's Report includes an annual 2%
cost of living increase.
Jeff Cooper, BSI, explained haw the .8 EDU per apartment and .5 EDU per mobilehome, was
determined, i.e., based on trip generation and number of persons on the average, and[lesser use
of parks on the average, than single-family, which are commonly used ratios; that condominiums
in some communities are on the average more like apartments, and in Palm Springs are on the
average more like single-family homes.
In answer to question by Council, Contract Administrator stated that on a previous assessment
district the then City Attorney opined that rather than apply a blanket pass-through of the
assessment, each landlord could apply for a hardship increase, and each would be evaluated on
their merit. City Attorney stated that he believed it would he criteria that could be part of a
hardship increase application, and not all amounts applied for passed-through at 100%. Mayor
stated that he would like the question answered fully.
Councilmember Hodges stated that private vacant lands are subject to taxes, and questioned what
percentage of the city will be exempt from the assessment, e.g., Indian-owned lands, and she
questioned if the proposed district was the best method to raise the muted revenue.
Mx. Cooper stated that privately.held improvements on Indian land are subject to the assessment,
however, Indian-held improvements or vacant parcels are not subject to it. He explained what the
various administrative costs relate to, and that noticing costs would not be repetitive unless the
assessment amount is changed, and he felt the City administrative cost would eventually drop off.
In answer to question by Council, he stated that the parcel information generated by the report
would be helpful in putting together other types of districts.
Councilmember Schlendorf questioned if the data could be used to put together something similar
to the assessment district, have it on the June ballot, and if it were approved by a majority vote,
if it would take affect at the same time as the maintenance district if it is approved.
City Attorney stated that the assessment district law provides for the: enactment through means
which have been followed; that the Council hold-up the action, seek an advisory vote., and then
go through the process; that there;was discussion before as to a non-specific tax purpose and one
that could be approved by a majority vote, and that a community services district, without
allocation of money could be approved by a majority of the voters.
Councilmember Schlendorf stated that ether options have clearly not been pursued in two years.
In answer to question by Council, Mr. Cooper stated that the range of assessment in Cathedral
City varies because of"zones"which indicate different levels of service for different areas of the
community through its district;that the subject proposal is under assessment district law. Contract
Administrator added that when the information was requested, it was for annual maintenance
districts.
Councilmember Schlendorf questioned how many of the comparison cities had districts created by
a vote of the people, and it appeared to her to be cities that do not have:property taxes benefitting
the city.
,21 `3
Council Mantes
12-15-93, Page 5
3. SLMD (Continued)
City Attorney emphasized that the proposed action sets the hearing, at wMea the amount of the
assessment may be decreased but not increased, and suggested that the amount not be
underestimated, as these will be no ability to increase it once the hearing is set. He added that
the full assessment does not have to be spent in a single year, but could be carried forward to
reduce future assessments.
Mr. Cooper also added that the budget for each year for the district would ae developed by the
Council, and the assessments can be modified downward or used to increase one expenditure area
over another, but the assessment per se could not increased without anothey public hearing, and
the assessments can only be spent for the district.
Councilmember Hodges stated that to meet the requirement for defeating the district, over 18,000
EDU will have to protest, and that is not possible; that she does not feel it is a fair approach; that
the Council received a report from Howard I apham,which she gave to the Ciby Manager in study
session and asked for a report on the agenda; that it contained very good ideas how the things
could be done which would not take an assessment district; that she was offended that Items 3 and
15 were separated on the agenda, in that other options cannot be discussed a4 the same time, and
it as not acceptable to her.
Councilmember Schleadorf stated that she felt all kinds of proposals must come forward, and she
felt the assessment district alone was a lack of faith in the public, which she felt was ready to
make hard decisions;that two years ago the Council said any tax would be voted on by the people.
Mayor stated that he was not opposed to a vote,but he wanted to first see the number of protests;
that the Council would be doing a disservice if it only provided housing for kids, because an
important part is also parks, pool and recreation, and this is what the proposal is all about•, that
he felt it very important to provide these services and the City does not have the resources unless
it has this type of assessment; that he felt it incumbent to move forward; that the Council should
listen and he wants to hear the concerns of those who protest,but he also felt it important to move
forward with the process; that people have come forth for the parks, and only a few have been
opposed; that the Council has cut parks,held salaries, and made hard choices and it is appropriate
for the people to say if they want to provide these funds for something coRstructive, or if it is to
just get more police officers and let the youth sit in jail.
Councilmember Hodges stated that the Mayors comments inferred that opposition to the district
is support of no parks or that gangs should prevail,which is not correct; ¢hat just because she did
not want to fund the services through an assessment district did not mean she did not want parks,
rather that she does want the parks and the pool, and good ones, only she does not agree that this
is the way to pay for them, nor did she think it fair to say that she is not in favor of the services;
and she agreed it should go to a vote.
Resolution 18254 as recommended,was presented; after which,it was moved by Lyons, seconded
by Reller-Spurgin, and carried by the following vote, that R18254 be adored:
AYES: Lyons, Reller-Spurgin, &Maryanov
NOES: Hodges & Schlendorf
ABSENT: None
4. MUNICIPAL ELECTRIC UTILITY - PRELIMINARY FEASIBILITY A11ALYSIS
On November 3, 1993, Council continued this matter to consider acceptaarce of the Statement of
Qualifications and proposal to conduct a preliminary feasibility analysis for a Municipal Electric
Utility for the City of Palm Springs, from R.W. Beek & Associates, for `Ia26,253, A3322.
In answer to question by Council, Director of Aviation stated that the original study was by (147-
Creative Power Management, the cost was about $22,000. 004)
Councilmember Schlendorf stated that she felt the original study answered the same questions,
therefore, she questioned what the City will get from the new study.
Council Minutes
12-15-93, Page 6
4. MUNICIPA.L UTILITY (Comimiued)
Councilmember Lyons stated that original study was a pre-feasibility study,and the nevi study will
show the current and future availability of power, estimate for electrical system condemnation,
etc., and if it is not feasible to proceed, expected revenue via take over of the system, and if that
is marginally economically feasible to go ahead; that it will be a study of Palm Springs; that he
did not compare the two studies at all; that in other municipal systems, the equipment was
capitalized somewhere along the line, and they are making money.
Councilmember Schlendorf questioned what the authority the PUC leas in teems of a municipal
utility, and if it does not regulate the same, what protection is there that rate holders would not
be expected to pay to cover other deficits of the City.
City Manager stated that the questions deserve the time to research the answers.
Councilmember Schlendorf stated that she did not think there was a rush on this, and the cost of
the study would pay for keeping a park open, or one employee; that the City does not have the
money to invest; that the first study showed it could not be afforded, and the capitalization could
be hundreds of millions of dollars, and more than $6 million annually would have to be made to
finance it; and that she favored it Council-SCE-citizen participation committee to put together a
recommendation, adding that society must first become energy conserving conscious.
Mayor stated that scientific break throughs have occurred regarding fission of the atom, and it is
hard to conceive other changes that will occur over the next decades; that it is not known if it is
feasible for the City to form its own utility and it will not be known without the study; that
electrical costs are too high, and people are spending too much for the energy; that SCE has
promised to make reductions,but he did not understand the suggested every 90-day time line, and
he would agreed to a 90-day continuance if SCE gave its tangible guarantee to cover the cost of
an independent analysis of what is being offered for reduction and how it is measured; that he is
hearing that the public does not trust Edison, and if there are no reductions, the Council must
move ahead with the study.
Councilmember Lyons stated) that he felt the only 'information that would be receiver] from SCE
would be the number of people who have taken advantage of the equipment side, and he felt that
SCE was only willing to discuss the issue now because the City was aggressively taking a stand,
and it is trying to hold onto its revenue; that this issue is not new, rather goes back 15 years ago
when a municipal utility was discussed; that the problem is the rate issue and that this area
subsidizes other service areas; and that the City must not back off.
Councilmember Hodges agreed; that it is not something that will be seen immediately,nor perhaps
in ten years, but if the City waits until it has the money to do it, it will never happen; that she did
not favor funding a staff person to do an SCE analysis of its recommendation, rather to get a rate
reduction, nor did she think the person was necessary for what needs to be done; that it may not
be feasible now, or ever, for the City to take it over, however, she felt SCE would not be so
concerned if it in fact it is not somewhat feasible; that the people deserve to know what the options
are, and without the study, those will not be known; and that the bottom line is That the rates need
to be reduced, and it takes legislation, it must be pursued.
Councilmember Reller-Spurgin staled that she has worked with seniors for a long time, and knows
the problems of living on a fixed 'income; that air conditioning is their survival; that it is not a
question of conservation; and that the pressure must be sustained to bring about changes by SCE.
In answer to question by Council, Director of Finance stated that the: funds for the study were
included in the City Council budgeted accounts at the time the budget was adopted.
Councilmember Schlendorf stated that the rates are not the only factor; and that raillions of dollars
can be added to major developers, because the City will[ not have the:money to provide services
that the utility companies provide to them; and she reiterated that the cost of the study equals
closing a park or taking a police officer off the street.
Councilmember Reller-Spurgin stated that the study was budgeted; that every citizen needs to
survive; and that this is a talking and studying phase.
Mayor stated that he wants the electric rates reduced, and hoped SCE will continue with its
reduction programs, because the study is only a small step and SCE has time to prove that it will,
and can, reduce rates in the Coachella Valley.
Council Minutes
12-15-93, Page 7
4. MUNICIPAL UTILITY (Continued)
Minute Order 5291 revised to include authorization to the City Manager to enter agreement for
the study, was presented; after which, it was moved by Reller-Spurgin, seconded by Lyons, and
carried by the following vote, that M05291 be adopted:
AYES: Lyons, Hodges, Reller-Spurgin & Maryanov
NO: Schlendorf
ABSENT: None
5. INDIAN CANYON DRIVE WIDENING-CVAG AGREEMENT
Recommendation: That the Council approve a joint agreement with the Coachella Valley
Association of Governments(CVAG) for a 50% reimbursement under the small project program
of Regional Measure "A" funds for the widening of Indian Canyon Drive at Tramview Road for (136-
traffic safety purposes, CP93-71. A3323. 029)
City Manager highlighted the memorandum of Director of Public Works..
Minute Order 5292 as recommended, was presented; after which, it was moved by Hodges,
seconded by Lyons, and unanimously carried, that M05292 be adopted.
6. GUIDELINES FOR ARCHITECTURAL LIGHTING IN DOWNTOWIJ
Recommendation: That the Council approve the proposed Downtown Architectural Lighting
Guidelines.
City Manager highlighted the memorandum of Director of Planning & Zoning.
In answer to questions by Council and the City Attorney, Director of Plm,=g & Zoning stated
that the standards provide for a very sophisticated system, which the Commission approved, and
it will evaluate the results after Las Casuelas Terraza completes its instafllaSnon; that a system for
LaPlaza is on hold, although Las Casuelas is not the only purpose for the eaitoria, and it has been
approved by the Comnussion, and the Commission's action is not continge_s't upon approval of the
subject proposal; that the intent is to get cooperation from key properties, -with an emphasis on (114-
attention at night, looking for integration rather than a haphazard approach; that it is not expected 004)
that the Las Casuelas installation will be undesirable, however, should ¢hat occur, it may result
in coming back to the Council with modification; that Main Street, Jerry Ogbum, and he are
convinced it will be beneficial, and that it is not mandatory nor will everyone wish to participate.
City Attorney stated that it is an area wide issue and not specific to a sinnglo site.
Resolution 18255 as recommended,was presented; after which, it was rno cd by Lyons,seconded
by Reller-Spurgin, and carried by the following vote, that R18255 be adopted:
AYES: Lyons, Hodges, Reller-Spurgin & Maryanov
NO: Schlendorf
ABSENT: None
7. MUNICIPAL CODE AMENDMENT - CONVENTION CENTER COMMISSION
Recommendation: That the Council amend the Municipal Code to repeal gibe Convention Center
Commission.
City Manager highlighted the memorandum of Director of Convention Center.
City Clerk read title of the Ordinance, as follows: (060-
AN ORDINANCE OF THE CITY OF PALM SPRINGS,CALIFORNIA, REPEALING 025)
CHAPTER 2.25 OF THE PALM SPRINGS MUNICIPAL CODE TO DISESTABLISH
THE CONVENTION CENTER COMMISSION.
It was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, that further
reading be waived, and that the Ordinance be introduced for first readin.-.
Council Minutes
12-15-93, Page 8
8. MEMORANDUM OF UNDERSTANDING - FIRE SAFETY UNIT
Consideration of MOU with the Fire Safety Unit for fiscal year 199:31-94.
City Manager reported that negotiations were concluded, that there is no change in salary, and he (110-
recommended approval. 003)
Resolution 18256 as recommended,was presented; after which,it was moved by Lyons, seconded
by Hodges, and unanimously carried, that R18256 be adopted.
9. MEMORANDUM OF UNDERSTANDING - POLICE SAFETY UNIT
Consideration of A40U with Police Safety Unit for fiscal year 1993 94.
City Manager reported that negotiations were concluded, that there is no salary change, and that
insurance remains the same.
Resolution 18257 as recommended, was presented; after which, it was moved by Hodges, (110-
seconded by Lyons, and unanimously carried, that R18257 be adopted. 005)
Councilmember Schlendorf stated that she was very disappointed in how the Council set about
doing the negotiations, and it will be better in the future; that it has been a difficult time, and she
did not think the employees were happy with the process used, nor was she; and she would favor
a professional negotiator, and avoid what the Council went through this time.
Mayor complimented the City Manager, staff and employee units, and stated he fell there was a
lot of cooperation through a difficult negotiation, and there is always room for improvement, and
he thought it was n fine job.
10. ALLOCATED POSITION AND COMPENSATION PLAN AMENDMENT
Recommendation: That the Council approve Amendment #2 of the Allocated Positions and
Compensation Plan to add two (2) Fire Engineers and two (2) Police Officers; and Amendment
#3 of the Allocated Positions and Compensation Plan to add one (.i) exempt position of City
Engineer Construction Administrator and delete one(1)Management position for a City Engineer. (061-
City Manager highlighted the memorandums of Personnel Director.
O18)
Resolutions 18258 and 18259 as recommended, were presented; after which, it was moved by
Hodges, seconded by Schlendorf, and unanimously carried, that R18258 and 18259 be adopted.
11. VILLAGEFEST
On November 17, 1993, Councils continued this matter to discuss amendment to Jerry Ogburn's
contract (REDAC2) to include the operation of Villagefest. A3244. Materials at meeting. (050-
City Manager withdrew this hens from the agenda, adding it would be rescheduled January 5. 018)
12. DESERT RAIL AUTHORITY MONORAIL PROPOSAL
Recommendation: That the Council review a proposed Memorandum of Agreement between the
City of Palm Springs and the ]Desert Rail Authority granting exclusive rights for purposes of
installing an initial segment of a raised monorail facility to link the Palm Springs Airport with the
Palm Springs Convention Center and subsequent later links to other key activity centers in the city
for a period of three year.
(143-
City Manager stated that this is a noble mission, and the Council is being asked to approve 001)
memorandum of agreement as it is written; that there remain some ambiguity, i.e., acquisition of
right-of-way does not track as well as he would like it to, and he would also like the Airport
reaction; that the heavy rail is under consideration for the north entrance with possible light rail
on Indian Canyon and Tahquitz, and it was not clear how they all relate; that the bypass route also
must he reconciled, and he requested that this matter be deferred to get time to work with Mr.
Frank and others, in an effort to be very thorough.
0
Council Minutes
12-15-93, Page 9
12. DESERT RAIL (Continued)
Councilmember Hodges stated that the presentation was made at a study session, and if possible
she would like a discussion with the Council, rather than another present-lion by the group, and
thought it would be beneficial to know more about what the rail specifically means to the City;
and that the study session is a better forum for that discussion, preferab➢yna January.
Mayor agreed that it needs to be in a discussion format, not a slide presentation; and he agreed
that Mr. Frank deserves the credit and commendation.
Matter to be scheduled for study session January 26, 1994.
13. MATERIAL RECOVERY FACILITY TASK FORCE
Recommendation: That the Council consider a request from the Executive Committee of the
Coachella Valley Association of Governments(CVAG) to appoint a member of the City Council
to serve on the Task Force.
City Manager highlighted his memorandum. (123-
In response to question by Council, Diana Beck reported that the task force discussion will be 011)
whether a facility is needed, what type it should be, and what participation Ehere should be in it;
that the study is being paid for out of the County tipping fee, and if a facilk'y is built and financing
bonds issued, the cost of the study would be refunded to the County, and the bond issue would
be paid for through those cities who want to be involved in the facility; that there are many
decisions which need to be made before it will be known if a facility is appropriate; that the first
meeting of the task force will be January 10; that a series of technologies will be looked at to see
which components would make the most sense.
Discussion followed, and it was moved by Schlendorf, seconded by Hodges, and unanimously
carried, that the City Manager designate either a person, staff or otherwise, to represent the City
on the committee (suggestions included Assistant City Manager, or one of the members of the
recycling committee, e.g., Ruth Licata or Ed Kibbey.)
14. AIRPORT PARK PLAZA - WAIVER OF PERSONAL GUARANTEE
On December 8, 1993, Council continued this matter to review personal guaranteelminimum.
capitalization of Trust Guarantee on the Airport Park Plaza Lease assuin-itions by the Apostle
Family Trust.A2528, 2529, 2536.
Director of Aviation reviewed his supplemental report, noting that TOPA will pick up two of the
parcels, leaving the middle parcel un-assumed. (051-
050)
City Attorney stated that the requirement regarding the $120,000 is in the lease; that it is not a
personal obligation on Mr. Apostle, rather the lessee which is the TrusE.
Resolution 18260 waiving personal guarantee and approving Amendment ;,3 to each agreement,
accepting a guarantee that the Trust will always be funded to a level of$120,000, was presented;
after which, it was moved by Schlendorf, seconded by Lyons, and unemhnously carried, that
R18260 be adopted.
15. FINANCING ALTERNATIVES
Recommendation: That the Council give staff specific direction on various financing alternatives,
and if appropriate, approve the necessary funding.
Director of Finance reviewed the details of his memorandum reiterated comments about the
Lighting&Maintenance District, and assessment district law, and added that other subsidiary tax (140-
options have not moved ahead as fast as he would have Hiked; that the work involved in those is 001)
very comprehensive and is not possible within current resources, e.g., a fiscal analysis, EIR,
LAFCO fees,and attorney and staff costs, and should be looked at in depth'dy a citizen committee
first; that the fire benefit assessment is similar to a parks district, however, up to 10% protest
necessitates either going to a ballot question or abandoning the proceedings.
Council Minutes
112-15-93, Page 10
15. FINANCING (Continued)
Councilmember Hodges stated[that the discussions on the budget began last year, at which there
were reports about alternative financing methods; that she felt it was clear the Council's direction
was that it wanted all options brought forth so it knew what could be done to ease the deficit for
the current year; that those options were discussed and time-frames given, however, the only one
that can be accomplished is the assessment district, and she questioned why the Council was not
given information that staff did not have the time and needed to hire consultants, in order to make
a decision; that the only other option is the utility tart avid that would be on the ballot and that she
felt options were eliminated because the Council was not given the choice, and she (Felt the staff
was "running the city" in this instance.
In response to question by Council, Director of Finance slated that Mr. Lapham's
recommendations were mainly to not do the assessment district and to continue the utility tax and
do a fire benefit assessment, both of which are possible; that a commamity services district(CSD)
is not possible to get in place and on a the next tax roll, the touts for bringing about are
substantially greater than for an assessment district; and that he felt the staff provided information
to the Council, and the emphasis by the Council was on the parks district.
City Manager stated that he provided a response to Mr. Lapham's report, and will copy all
Councilmembers. He highlighted his suggestions, including that any work on a new tax should
be dropped.
Councilmember Hodges stated that site had requested that Mr. Lapham's report be discussed at
a study session, and a response to individual members does not providle the shared input with each
other. City Manager clarified that he did not mean by his memo that it should not be a study
session topic.
Councilmember Schlendorf started that even though the CSD is more difficult, it is more
encompassing overall,and the Council could have gone to the public and solved the problems; that
a piecemeal approach may ¢neon more money in the end, but it is frustrating to the citizens, and
they cannot deal conclusively with the financial issue; that she felt the CSD gave the public the
opportunity to look at the entire budget project (be it police, flare or whatever) and an
understanding of how it would be solved and an opportunity to help in solving it.
Director of Finance stated that the City Attorney previously cautioned that the State was
considering taking funds from community service districts, although it has not yet done so, which
was a factor in the staff recommendation to look at other alternatives.
Councilmember Schlendorf staked that the staff works in these areas ;:very day; that the Council
gave its direction in certain areas; that it said it wanted to reinvent government and that is not
happening; that staffs job is to carry through on the Council's direction; that the Council
unanimously agreed that it wanted a citizen participation committee: in place, yet that has not
happened; that she understood that staff had been cut and there was added stress, but these issues
simply have been dropped because they might be too complicated, or something else, and she was
very disappointed; and that some of the disappointment in not fulfilling the CSD is fueled by other
disappointments as well.
Mayor noted that the Council was made aware of the CSD problems,
Councilmember Hodges stated that she would like to see the utility tax,on the ballot; and a report
by staff as to how much of a tax will be needed io generate the revenue, including the impact such
a tax would have on economic development; and that a utility tax is more evenly distributed, in
that the amount of payment is related to the amount of use, and it is important For the Council to
have the option of placing it on the ballot.
Councilmember Lyons stated that people contributing most of the revenue are the hotels and they
will be severely impacted by a utility tax imposed all year.
Note: At the conclusion of the meeting, at request of Councilmember Hodges, it was clarified that
the intent of the Council is to have a report on the adverse impacts of a utility tax on economic
development; a cost estimate ,acid needed resources by staff to allow pulling together other
financing alternatives (CSD and fire benefit assessment,) at the early .lanuary study session.
16. ADDITIONAL LEGISLATIVE ACTION: (Satisfied agenda posting requirements, materials at
meeting) - None
4 (�,
Council Minutes
12-15-93, Page 11
CONSENT AGENDA:
17. MO 5293 approving a change order#1 A3252, to Granite Construction for relocation of customs (051-
portable facilities in an amount not to exceed $39,000, and authorizing klna City Manager to 010)
execute the necessary documents.
18, MO 5294 authorizing Gensler Associates for conceptual design work for e,,.paynsion of the Airport (051-
terminal ticket wing under Work Directive#16 to A2781, for an amount not to exceed $16,444. 055)
19. Res 19261 declaring intention to vacate all of the rights, title and interest of said City,in a portion (145-
of East Palm Canyon Drive, Section 30, T4S, R5E; and setting hearing on the 19th day of 001)
January, 1993 thereto.
20. MO 5295 awarding design contract to NBS/Lowry Engineers for East Palm Canyon bridge (109_
bikeway design at the Palm Canyon Wash crossing for $36,000. CP91-13. A3224. 004)
21. MO 5296 approving a contract with Pima Gro Systems Inc., for hauling and disposal of anaerobic
digested sludge for the Palm Springs Wastewater Treatment Plant for $23.50/per wet ton, for a (127-
term of five years, by purchase order 694-12. 001)
22. Res 18262 and 18263 approving Payroll Warrants and Claims & Demands. Riper abstained on (086)
No. 881579.
It was moved by Lyons, seconded by Refller-Spurgin, and unanimously carried, that R18261
through 18263 and MO 5293 through 5296 be adopted. See Item 22 for abstention.
ADDED STARTERS: None
REPORTS 8c REQUESTS:
COMMISSION APPOINTMENT:
a) P.S. Civic Authority: In answer to question by Council, City C?ealc explained that the
incumbents have continued to serve since the expiration of their terns, and appointment (07 t-
at this time would be for the balance of the terms, estimated at two years each. 001)
Councilmember Hodges stated that the appointees have served for ninny years, and there
bas been no report of the Authority; and questioned why that shou➢d be perpetuated, and
why someone new should not be appointed.
It was moved by Schlendorf, seconded by Lyons, and carried by ,he following vote, that
the appointments of Anthony Aidukas and Ed Kass to complete¢Ire current term they are
filling be conformed:
AYES: Lyons, Re➢lee-Spurgin, Schlendorf cst Maryaaov
NO: Bodges No
ABSENT: None
b) Fire Consolidation Committee: It was moved by Maryanov,seconce ed by Scidendorf,and
unanimously carried, to approve the appointment of Kay Itazen aund Bob Rose as citizens
at large to the committee; and it was moved by Hodges, seconded by Refller-Spurgin,and (087-
unanimously carried, to approve the appointment of Schlendorf&h4aryanov to represent 001)
Council; City Manager to contact Cathedral City to set up firs, meeting.
CITY COUNCIL reports or requests
PUBLIC reports or requests
a) Don Frank stated that the Desert Rail Authority cannot wait until:Jorniany 26 for Council (14 3-
action; that they have the irony and are prepared to move ahead; ¢fiat the City does not 001)
have to spend any money; that he hoped the Council would reconsider and approve the
agreement and sign it by the end of the year.
Council Minutes
12-15-93, Page 12
STAFF reports or requests
a) Nationwide Auction: City Attorney reported that the determination by he mad the staff
that the subject auction was exempt as a government sale, information was asked of
Nationwide, i.e., a complete inventory listing show all items being sold, and the source
of the item, however, the answer was that because of its government contract, they could
not connect the item with the source, followed by subsequent request by staff for
verification that a direct link could be made to its government contract; that Nationwide
decided to withdraw its application, on the basis that providing the information was
onerous, and that it will hold the sale elsewhere.
Councilmember Lyons asked that the request be made part of the criteria 1'or such an
auction permit; and Counci➢member Re➢ler-Spurgin suggested) that the auction ordinance
be reviewed.
No formal action.
ADJOURNMENT
There being no further business at 11:40 p.m., the Mayor declared the meeting adjourned.
J DITH SUkIC-I
—City Clerk