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HomeMy WebLinkAbout1994 - MINUTES - 4/6/1994 CITY OF PALM SPRINGS n n CITY COUNCIL MINUTES APRIL 6, 1994 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, April 6, 1994, at 7:30 p.m. ROLL CALL: Present: Councilmembers Hodges, Lyons, Reller-Spurgin, ' Schlendorf and Mayor Maryanov Absent: None The meeting was opened with a Salute to the Flag, and invocation by Reverend Jeff Rollins, First Baptist Church. PRESENTATION: Dr. William Butin, B & S Oxygen from City and Chamber of Commerce REPORT POSTING OF AGENDA: Assistant City Clerk reported that the agenda was posted in accordance with Council procedures on April 1, 1994. INDUSTRIAL DEVELOPMENT, HOUSING & FINANCING AUTHORITY: No Business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency, after which; members reconvened as the City Council. CLOSED SESSION REPORT REPORT OF CITY ATTORNEY ON MATTER DISCUSSED IN CLOSED SESS (All Entities)-See items on Page 5 of agenda this date; legal counsel given direction concerning netiotations for property located at 1820 E. Racquet Club Road, property bounded by Calle Encilia, Amado, Calle El Segundo and Andreas Road and Prairie Schooner site, with Agua Caliente Band of Cahuilla Indians and Cesear's World, discussion of existing litigation with Jeremy Crocker Case Number 1 65118, Superior Court of Riverside County, Indio. ' APPROVAL OF MINUTES: It was moved by Schlendorf, seconded by Hodges, and unanimously carried that the Minutes of February 9, 16, 23 March 2, 9, and 16, 1994, be approved, subject to typing error correction on March 16, 1994. PUBLIC HEARINGS: 1. PD230 - PALM SPRINGS DESERT MUSEUM Planning Commission Recommendation: That the Council approve a planned development district, in-lieu of a change of zone, for the Desert Museum to add an 11,090 square foot second floor gallery addition at 101 Museum Drive, CBD Zone, Sec. 15. (Hearing continued from March 16, 1994). Director of Planning & Zoning reviewed the staff report, and added that the Planning Commission reviewed the parking issue and found that no additional parking would be required and the intensity of use will not be substantially increased by the new (116- addition; that the gallery as proposed would not impact on traffic; that the proximity 099) of the Desert Fashion Plaza parking lot would allow for any overflow of parking; that the addition to the museum will generate additional foot traffic along Palm Canyon, benefitting the business community; that there will be a minor open space reduction that will not change the overall amenity; that a trail, which is now closed, is an additional amenity and will be relocated and redesigned; that there is a revised conditional of approval, concerning the trail; and that the applicant is requesting that the expiration date of the Planned Development be 1-1 1/2 years from the date of approval due to the delay of construction start of summer of 1995. Mayor declared the hearing open, there being no appearances, the hearing was closed. Resolution 18355 as recommended, with revised condition 16, was presented, after which; it was moved by Schlendorf, seconded by Lyons, and unanimously carried that R18355 be adopted; and n n w i Council Minutes 4-6-94, Page 2 1. PD230 - PALM SPRINGS DESERT MUSEUM (Con't) Assistant City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT 230 (PD-230),THE PALM SPRINGS DESERT MUSEUM, LOCATED AT 101 MUSEUM DRIVE, ZONE CBD, , SECTION 15, after which; it was moved Schlendorf, seconded by Lyons, and unanimously carried, that further reading be waived, and Ordinance be introduced for first reading. PUBLIC COMMENTS: Comment regarding item 11b. Michael Brill, Chairman of the Airport Commission, stated that regarding the Ordinance concerning creation of the Regional Airport Commission, the Commission had fine- tuned the Ordinance over months of review; that even though agreement was reached, (060- the Commission was concerned with the quality of Airport personnel; that currently the no) Airport is composed of quality and professional people; that the concern of the Commission was that an oversight mechanism needed to be set into place to allow the Commission the ability to review the effectiveness of the Airport management; that the Commission was not requesting the ability to hire or fire personnel, but to be able to fulfill its duties to advise the Council regarding management practices; and requested the Council consider adding language to the Ordinance to allow the Commission to advise the City Council on matters of effective Airport management. Comments regarding matters not on the agenda. Alex Jablow, 1340 Primera Drive, stated that during the upcoming week the Council will be reviewing the budget; that the Council needs to keep the Utility User Tax at , 5%, and not consider a reduction to 4%; that the difference is only .06 cents a day to the citizens; and that the course is clear to the Council, not to tamper with the tax. Sue Cote, no address given, stated that something needs to be done regarding no sidewalks on Tahquitz Canyon Way; that the handicapped are forced to use the street, opening the chance to be hit by a car; and added that she had been told that the matter would be taken care of, and questioned when. City Manager stated that the staff is working with BIA and the allottee; that the land along Tahquitz is Indian-owned land, and that the City has been told to remove the sidewalks along the land in question; and added that a meeting is scheduled with the allottees to work out the situation; and that staff is currently studying the possibility of placing sidewalks on the south side of Tahquitz to try to compensate. Member Hodges requested that the Council be informed as to the progress regarding the issue. Osa Mathews, temporary City employee, stated that she has worked for the City for the past 40 years; that there is a concern regarding the City dropping all recreational programs and reducing the recreational staff; that the elimination of the programs will affect the seniors and children; that the last square dance program held at the Leisure Center had 1,500 attendees; and requested Council reconsideration of the proposed reductions. Ann Osborn, no address given, stated that the local news station indicated that if the Utility User Tax was not voted in on the June, 1994 ballot, that the parks would not be maintained; that any broken playground equipment would be removed from the parks and not repaired; and questioned the Council as to the intent of discharging employees. Erik Meeks, no address given, stated that the 11 days of the Harvest Festival created the best flow of customers to his business since they opened; and indicated appreciation to various persons regarding the Festival. nn(Q, , Council Minutes 4.6-94, Page 3 PUBLIC COMMENTS (Cont'd) Darrell Meeks, no address given, stated in his opinion the Convention Center is managed poorly; that he had called to inquire about booking dates, and was never called back; that a bookfare event booked at the Convention Center would generate ha income for the City; that concerts could be booked on weekends featuring celebrities such as Garth Brooks; that there changes already being made concerning the Hope Classic pending Gaming; and suggested that the management of the Convention Center could be staffed by one executive and two assistants to handle the bookings of the concerts. Fred Ebeling, 2460 Tuscan Road, read a book by Dr. Suess, "If I ran the Zoo". Ron Oden, no address given, stated that there is a conception that the City is being mismanaged; that the City is the largest employer in the Coachella Valley; that there is rumor that the City is considering reducing services; that each service must be looked at individually; that in the instance of the library, many students utilized the library; that public schools have reduced the quality of their libraries forcing the students to the public libraries; that when the library is reduced in hours of operation, parents will start appearing at the Council meeting appealing the impact of the reduction; that there is a concern regarding the human rights of the employees; and questioned who will oversee the human rights of employees; that in his opinion, there is a vocal minority that controls the Council; that the City cannot keep cutting; that there has been no opposition to the Utility User Tax; that the future will bring someone trying to undo all the drastic cutting that the Council is proposing. Lee Vinocur, no address given, suggested for next years Harvest Festival, empty storefronts place something in the windows; that the Festival is on the right track; that ' there should be more fun things to do; and that there should be something that people can do to try to help the City. LEGISLATIVE ACTION: 2. RECYCLING PROGRAM PRIORITIES Recommendation: That the Council establish priorities and provide staff direction for future recycling program efforts. Director of Economic Development reviewed the staff report, no further report was given. (123- Councilmember Hodges expressed appreciation for the Recycling Task Force. 011) Resolution 18356 as recommended was presented, after which; it was moved by Hodges, seconded by Lyons, and unanimously carried, that R18356 be adopted. 3. P.S.D.R. CVB - BYLAWS Recommendation: That the Council approve the concept of amending the bylaws of the P.S. Desert Resorts CVB, to allow for the establishment of an Airline Service Council; approve a funding formula; and commit to funding $50,000 for the first year, effective July 1, 1994. City Manager reviewed the staff report and added that it is not normal procedure for 1 r the Council to pre-commit; but the time line of the Airline, necessitates immediate (050-1 u Council action. 008) Staff responded to questions of Council indicating that there is approximately $980,000 in the advertising budget; that the Marketing and Tourism department supports the concept; and that the Visitors and Promotion Board consensus is that airline traffic is crucial. Council Minutes 4-6-94, Page 4 3. P.S.D.R.CVB - BYLAWS (Cont'd) Councilmember Schlendorf stated that everyone agrees that airline travel is a crucial issue, but asked what the discussion regarding Funding the request out of the Tourism budget. City Attorney stated there should be no consensus of the Beard, since it has not met. ' Councilmember Lyons stated that the issue is beyond tourism, and enters into economic development; that this is not just a CVB funded issue; that this type of service is needed to attract year round semi-clean industry or corporate headquarters to locate here; that year-round transportation is needed and the first building block; that the City is spending essentially alot of money to build a railroad station that will basically only serve Los Angeles; that now the City will be able to serve Dallas/Ft Worth; and that the City has lost conventions in the past dues to the inability for people to get airline service to the community. Ed Barth, stated that the agreement with the airlines calls for expanded services; that from that expansion, Palm Springs will be able to feed to many other stops; that there is marketing agreement; that the agreement calls for a 757 from Palm Springs to Chicago; that with the stops in Chicago and Dallas/Ft Worth„ Palm Springs will be able to be reached by the international traveler; and that the agreement will reduce the rates (050 from June through October to meet that of Ontario; that, the budget plan allows olo) American Airlines to receive $250,000 from the Cities to have service from June through August; that hotels will be able to market 1995-96 based on the arrival of flights; that S60,000 will be allocated to Alaskan Airlines to offset flights to San l' Francisco; that if American Airlines meets with success, then other airlines will follow; l that the Palm Springs Desert Resorts Convention and Visitors Bureau will supplement the budget with $100,000 and that an additional $162,000 will be given by the various Coachella Valley Cities for a period of three years. ' Councilmember Schlendorf questioned whether the figures were correct; that the staff report indicated a different set, from the pamphlet that Mr. Earth was citing from; that it is not a question of whether or not to support the program, but what are the budget allocations. Mr. Barth stated that he would be contracted with to management the contract; but that a legal entity is needed to sign the agreement with American Airlines; that the change in the by-laws of the Joint Powers Authority would allow the entity to sign; that the CVB will manage the funds; and that his authority would be to manage and control the agreement; and that a report was distributed to the Council several weeks ago, outlining the budget. Councilmember Schlendorf stated that the report was not given to her, and questioned whether the figures in the staff report were correct, or the figures that were being used at this meeting. Mayor stated that he had received the report several weeks ago, that the program itself would be administered by Mr. Barth, not the CVB and clarified that the CVB will be contracting with Mr. Barth, subject to the Executive Committee of the CVB; and that the airline has requested that a legal entity sign the agreement, thus the need for a by- law amendment; and that should a City choose to withdraw from the CVB the JPA would still be the responsible party for the agreement. City Attorney stated that the bylaw would have to come back for final approval of the ' Council. Councilmember Lyons stated that American Airlines had requested that the agreement be signed by Palm Springs; and that it was agreed that the JPA would be the responsible party; and the Northwest Airlines will be announcing Palm Springs service. Councilmember Schlendorf stated that the funds are budgeted to come out of the tourism and advertising budget; that the funds for tourism are based on transient occupancy tax from the hotels; that this was not a budgeted item for this year; that nn8G" Council Minutes 4-6-94, Page 5 3. P.S.D.R.CVB - BYLAWS (Cont'd) the funds should be a conditional adjunct for the next three years as a contribution to the CVB; and that the fiscal year budget of 1994-95 would allow the funds to be ' budgeted in an appropriate manner. Councilmember Lyons stated that the Tourism Division can advertise as much as it wants, but there still has to be a way to get the people here, and responded to question by Councilmember Hodges that the reserves of the JPA were considered, but that the issue is one of tourism and economic development, and the JPA felt all cities should contribute. Councilmember Hodges stated that in her opinion, the City of Palm Springs always pays the lions share when the CVB is involved; that the funding formula should be spread out evenly among the valley cities; that population could be a part of the funding formula; that Indio has the same population as Palm Springs, but pay a much lower amount; that each time an issue comes before the Council regarding the CVB it is an emergency issue, something that cannot wait, and must be voted on immediately, with little or no information available; that it seems that if the Council has questions, that it does not matter, and questioned if any of the other Councilmembers had problems with the funding formula. I Mr. Barth stated that the formula is based on tourism. ! Councilmember Lyons stated that the contract needs to be signed by a legal entity; and that the agreement with American Airlines will help to vitalize Palm Springs. Councilmember Schlendorf stated that the Tourism budget was hit hard last year; that (050- it is the only thing being used to advertise for small hotels; that the economic 010) I ' development and the tourism budgets could be examined for funding; that the tourism budget uses 65% for advertising; that the amount could be split between economic development and tourism; that the agreement does need to be approved; that it is clear that the City does not get as great of benefit from the CVB advertising as its own advertising; that the Convention Center is not booked from the PSDRCVB; and that most of the conventions that the CVB book are at down valley hotels; and questioned if the matter could be approved, but not specify where the funding would come from. In answer to question by Council, Director of Aviation stated that this type of expenditure cannot come from the Airport budget; that all the airlines pay into a fund for the airport to use. i City Manager stated that the time line for the agreement is April 7,; that the funding could be specified as a general fund matter; that at some point the Council will be looking at all general fund expenditures, and could place this item in another budget. Mayor stated that the budget amendment is not binding; but that the amendment to the by-laws is. , h he funding formula.Councilmember Hodges asked if anyone else was concerned with t g Councilmember Schlendorf stated that the question lies with the formula that the CVB uses; that the formula is based on a user sliding ratio and that Sunline uses the same type of formula; and requested that the specification of the funding in the Resolution be deleted. Motion was made by Lyons and seconded by Reller-Spurgin, to approve the bylaws, and funding for $50,000. Mr. Barth reviewed slides indicating the amounts being given by each City. Councilmember Reller-Spurgin stated that during the review of the PSDRCVB budget, it was stated that the CVB would come back at a later date with an accounting of expenditures. I ! II, Council Minutes 4-6-94, Page 6 3. P.S.D.R.CVB - BYLAWS (Cont'd) Councilmember Schlendorf stated that this has not happened; that when the meeting was held with the CVB, there were no answers to the Council's questions; and that it is frustrating to go through their process each time an issue is raised. , Councilmember Hodges commented on the amount allocated to each City to be paid regarding the American Airlines agreement and commented that Palm Springs pays two times as much as Palm Desert or Rancho Mirage; that the matter is a economic benefit (050- to everyone in the valley; and added that Palm Springs should be paying on a more 010) equal basis of that as the Indio area; and that she would be voting against the matter, based on the funding formula; that there is no question the agreement is needed; that year round travel will be a benefit to the Valley; but that Palm Springs always gets the short end of the stick when the CVB is involved. i Resolution 18357 approving the concept of amending the bylaws of the JPA to provide for the establishment of an Airline Service Council, and that the prescribed funding formula for the Airline Service Council is approved, was presented, after which; it was moved by Lyons, seconded by Reller-Spurgin, and carried by the following vote. AYES: Lyons, Reller-Spurgin, Schlendorf and Maryanov NOES: Hodges ABSENT: None 4. P.S.T.V. BYLAWS Recommendation: That the Council approve the by-laws of the P.S.Television Voices, to satisfy conditions of its public/government access management agreement (A3338). City Manager reviewed the staff report. City Y Attorne stated that the by-laws had been reviewed; that there are some minor revisions needed to be made; that language regarding conflict of interest, and establishing a meeting place had been added to the by-laws; that the attorney for PSTV Voices was out of town and could not be reached, regarding the minor language changes; that the changes have been reviewed and approved by the Board of (089- Directors; that recommendations have been made by the City Council regarding 008) revisions, that have been 'included; and requested the by-laws be approved subject to City Attorney final language. In response to question by Council, City Librarian stated that the agreement with P.S.T.V. Voices was approved in February, 1994; that the agreement included the release of $10,000 once all conditions of the agreement was met; that the approval of the by-laws is the final act needed in order to release the funds; and that the Board of Directors have indicated a need for the funding to purchase additional equipment. In response to questions by Council, City Attorney stated that the Board would have the same limitations as the City Council in regard to open meetings; and that if the Board requested a meeting to discuss the changes and impact of the Brown Act, the City Attorney's office will comply. Councilmember Schlendorf requested a copy of the revised by-laws be supplied to the Council when completed. MO 5333 as recommended, subject to City Attorney final language, was presented, ' after which; it was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that MO 5333 be adopted. Council Minuters 4-6-94, Page 7 5. SUNLINE AIRPORT TAXI REGULATION CESSATION Recommendation: That the Council provide notice to the Sunline Regulatory Authority that its taxi starter/supervisor services will no longer be required at the Airport as of ' July 1, 1994; to allow for reduction in regulatory costs which will help reduce the per- trip surcharges. Director of Aviation reviewed the staff report and added that staff at the airport would assume the duties of supervision of the taxicabs; that the operation will be looked at to lessen the possibility of any duplication of duties; and that with the assumption of over-seeing the taxi's on airport property the overall per trip levied by Sunline Regulatory Authority could be lessen. In response to question by Councilmember Hodges, Councilmember Schlendorf stated that the Sunline Regulatory Authority had meet with the owners and drivers over a three month period; that the change will reduce the budget for Sunline, and add expense to the Airport; that the process of tickets is still questionable; and that the matter has been discussed on all appropriate levels at Sunline. Councilmember Hodges stated that the taxicab issue has always been a big issue; that anytime the matter is scheduled for a Council meeting, many taxicab drivers appear; that there is no one present at the meeting tonight representing the taxicab drivers, and questioned why; that she had received one call from a taxicab driver about the matter; and that the absence of the drivers indicate that someone has been left out of the process. Councilmember Schlendorf reiterated that the matter has been before Sunline for the past 5 or 6 months; that the taxi drivers have been present at the meetings; that it is (143- uncertain whether or not the issue has died down; but that the issue is over the debt 002) ' that is owed; and that the taxi drivers indicate that the City should pay it, eliminating the need for the taxicabs to raise prices. Councilmember Hodges questioned if the taxicab companies would have to pay two fees, one to Sunline, and another to the Airport; and added that the rate should not be charged two times. Councilmember Schlendorf stated that the total amount of fees are the same. Councilmember Reller-Spurgin questioned if the matter has gone to the Airport Commission. In response to question by Councilmember Reller-Spurgin, Director of Aviation stated that that the matter has not been reviewed by the Airport Commisssion, but that the Airport staff has met with the taxicab drivers. Councilmember Hodges requested the matter be postponed, until it is certain that the issues of the taxicab drivers have been addressed and resolved. Councilmember Schlendorf stated that the matter before the Council is what the taxicab drivers requested. Minute Order 5334 as recommended was presented, after which; it was moved by Schlendorf, seconded by Reller-Spurgin, and carried by the following vote that ' MO5334 be adopted. AYES: Lyons, Reller-Spurgin, Schlendorf and Maryanov NOES: Hodges ABSENT: None Council Minutes 4 6-94, Page 8 ASA. SUNLINE REGULATORY ADMINISTRATIVE DEFICIT Recommendation: That the Council accept the Sunline Regulatory Administration Deficit Reduction Plan and direct the funding needed come frorn Airport receivables due from Sunline. ' Director of Aviation reviewed the staff report and added that when the Sunline Regulatory agency was established to regulate taxicabs throughout the valley; that a due to startup costs a deficit of $40,000 was established; that the Agency has voted to retire the debt at the end of this year; that a formula which is based on the total number of hotel rooms and convention hotel room is levied against $30,000 of the debt, with each City paying an additional $1,000, except for Coachella which would be $250., has been applied, malting Palm Springs share $12,800.; that: currently Sunline owes the Airport approximately $19,000 for permit fees; and that the recommendation would be that the City Council authorize: Sunline to deduct the $12,800 Palm Springs share from the monies due to the airport. Councilmember Schlendorf stated that when the regulation agency was started, there were start-up costs involved; that in addition litigation occurred, that pushed the debt higher; that Sunline proposed to eliminate the debt by raising the fees to the taxicab companies; and that the formula is fair due to the fact that Palm Springs is the only city in which all the taxicab companies operate. 002) Mayor questioned the benefit to Palm Springs when people get in the taxicab and go down valley. Councilmember Schlendorf .stated that the benefit is to the airport; that there are fees paid there; that all the fees collected throughout the City go to regulate the taxicabs; that if Palm Springs regulated all the taxicabs, additional staff would be needed; and , that the State mandates that the taxicabs must be regulated. Councilmember Reller-Spurgin questioned how long the airport has subsidized the Agency, and was interest being charged for the loan. In response to questions by Council, staff stated that the debt occurred in 1991; that the Agency has not charged interest, that the item has been treated as an account payable and receivable; that: the debt has been carried forward each year; and that the rates charged by the taxicabs will not be lowered, but increased. Councilmember Schlendorf stated that the proposal to pay the debt was built around increasing the rates; that the proposed 50 cent increase to pay for the debt will not levied, but that the additional 50 cent increase would be enacted for the regulatory agency. Councilmember Lyons stated that at the Sunline meeting the formula proposed applied to short trips. Councilmember Reller-Spurgin questioned what benefit does the City of Palm Springs receive if a cab goes down valley from the airport. Director of Aviation stated that each time a cab pickups a flare from the airport there is a fee of $1.00. Resolution 18369 was presented, after which; it was moved by Lyons, seconded by ' Reller-Spurgin, and unanimously carried, that R18369 be adopted. 6. AIRPORT - COUNTRY CLUB LIMOUSINE AGREEMENT Recommendation: That the Council approve Amendment No. 1 to License Agreement with Country Club Limousine, to extend said agreement by three years, to September 19, 1997 (A2860). (o°il- Director of Aviation reviewed the staff report. 02 7) Council Minutes 4-6-94, Page 9 6. AIRPORT - COUNTRY CLUB LIMOUSINE AGREEMENT (Cont'd) Councilmember Roller-Spurgin stated that she had read the Airport Commission Minutes regarding this matter; and that the minutes stated that Mr. Miller has struggled to maintain his business; that Chairman Brill had suggested that the language concerning the annual guarantee be retained but with an addition of a safety valve for the benefit of the Licensee in the event recovery from the last few lean years did not occur, that the minutes did indicate after discussion, the Commission requested that the minutes reflect that it was the will of the Commission to let Mr. Miller have the option of returning to a sympathetic Commission, should Mr. Miller continue to experience lean years; that the Commission requested this be included; that it is not in the amendment; and that she is concerned about Mr. Miller's business succeeding. Discussion followed whether•the language should be added to the amendment concerning the right of the licensee to request a future amendment. Mayor objected to inclusion of language and added that if it is a right to terminate contract, and the City chooses to bid the contract, that is one thing, but to give someone the unilateral right to come back and as a part of the amendment be given the right to reduce the pay in his opinion is not right; that this was a competitive bid; Councilmember Hodges stated that there should be grounds for a hardship; that due to construction, Mr. Miller has been displaced; that for the past couple of years it has been hard times for Mr. Miller; and that the Commission is merely asking for the amendment to include the right for Mr. Miller to request the hardship; but that it would still be up to the Council to grant it; Councilmember Schlendorf questioned if it is unusual to include a hardship clause in an agreement; and City Attorney stated that clarification is needed; that anybody is entitled to request a modification to a contract; that the Commission is stating that they are sympathetic to the situation Mr. Miller has experienced; that if the (051- Council is requesting language to be added addressing the hardship, that there are o�7) many conditions that the Council would have to consider; and that over the past few years staff has met with Mr. Miller regarding problems he is experiencing with the contract. III Councilmember Roller-Spurgin requested that the minutes reflect that the Council is sympathetic to Mr. Miller's situation regarding the financial difficulty he has faced over the past few years. Councilmember Schlendorf questioned if Mr. Miller could request the Council consider adding the hardship to Article 7 of the contract without loosing the three year contract. City Attorney stated that it would be up to the Council; that Mr. Miller could request the Council to made a modification to the agreement, but it is up to the Council to make the change. Councilmember Hodges stated that she is a advocate of women owned businesses, but that it is not right to request a jointly owned business to change to reflect solely-owned by Mrs. Miller; and that because the Airport needs to reflect minority owned businesses this should not be made a part of a contract. Mayor stated that the Miller's are representing that Mrs. Miller owns the business; and that it should be reflected correctly. Director of Aviation stated that the airport is under ridged rules to meet; that both parties have met and conferred; that the women owned businesses were a part of the issue; that when the agreement was presented to the Airport Commission, it seemed as if negotiations were starting all over; that the hardship issue was not made a part of the contract, due to other businesses that contract with the Airport, and that to include such a provision will open up a door for all contractors to request the same. Mayor questioned if the Council would like to deny the contract and rebid for limousine services. I Councilmember Hodges stated that Mr. Miller has done a good job; but in her opinion, requesting the business be women owned as part of the agreement is deceiving to the Federal Government. n0q 'i Council Minutes 4-6-94, Page 10 6. AIRPORT - COUNTRY CLUB LIMOUSINE AGREEMENT (Con1t'd) Minute Order 5336 as recommended was presented, after which; it was moved by (051- Reller-Spurgin, seconded by Schlendorf and unanimously carried that IVIO5336 be 027) adopted. , 7. GOLF COURSE EXPANSION - CONSTRUCTION CONTRACT CHANGE ORDER Recommendation: That the Council approve an increase !in the contract for Terra Movers, Inc., for rough grading of the golf course expansion project, by $249,998, CP93-27, A3312. Public Works Engineer reviewed the staff report. Mayor stated that by approval the City will save $350,000,. (0192- 010) Councilmember Schlendorf questioned whether the landscape for the golf course is being redesigned; that there was a previous concern with Terra Movers regarding compaction; and questioned if this change order is founded on that issue. Engineer stated that the landscape architect was aware of the removal and did compensate for it; that the excess dirt will not make up any compaction that is missed; and that the rough grader is at compaction of 90% at this time. Minute Order 5337 as recommended was presented, after which; it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried that N105337 be adopted. 8. SECTION 14 - CONVERSION FROM FEE TO TRUST LAND Recommendation: That the Council not object to the conversion from fee title to trust ' for the Agua Caliente Band of Cahuilla Indians, the parcel known as Lot 69 on the SW corner of Amado And Calle El Segundo. 144- j City Manager reviewed staff report, and no further report was given. (001) 001) Resolution 18358 as recommended was presented, after which; it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, that IR18358 be adopted. 9. P.S. CLASSIC - EIR Recommendation: That the Council approve an agreement with Smith, Peroni & Fox to prepare the environmental impact report for the P.S. Classic Preliminary Development District, developer D.T. Palm Springs Inter-Continental Golf Center Enterprises, Ltd. to submit funds to cover the full cost of tl'ne EIR, A3362. Director of Planning & Zoning reviewed the staff report, and added that all printing (116- costs will be paid by the developer. Councilmember Hodges noted that Smith, Peroni and Fox is the only firm that the City awards Environmental Impact Reports to in the past four years; and added that it is j perceived by the Community, that the firm has a lockhold regarding contracts of a planning nature. ' Director of Planning & Zoning stated that the Council recently awarded an EIR to Brian Mooney & Associates regarding Indian gaming; that the City has used other planning consultants; and that it is difficult to get other planning firms to compete against Smith, Peroni & Fox. Minute Order 5338 as recommended was presented, after which; it was moved by Schlendorf, seconded by Reller-Spurgin, and unanimously carried, that IMO5338 be adopted. I 1 Council Minutes 4-6-94, Page 11 i 10. P.S. CLASSIC - CONSULTING SERVICES i Recommendation: That the Council approve consulting services contracts for real estate appraisal, market absorption study, and special tax consulting and assessment engineer, for a private developer sponsored Mello Roos Community Facilities District, III 1 for a total cost of $48,500, to be paid for by the developer D.T. Palm Springs Inter- Continental Golf Center Enterprises, Ltd. (Lipman Stevens & Marshall $20,000 A3363; Empire Economics $18,500 A3364; and Sanborn/Webb $10,000 A3365.) (116) City Manager reviewed the staff report. Director of Public Works stated that the payment would be for work performed by the Assessment Engineer that is applicable for reimbursement underthe Mella Roos district. Minute Order 5339 as recommended was presented, after which; it was moved by Schlendorf, and unanimous) carried that MO5339 be adopted. Lyons, secondedby S e y p 11. MUNICIPAL CODE AMENDMENTS FOR SECOND READING & ADOPTION (Intro. 3-16- 94) Assistant City Clerk read title of Ordinance 1469 regarding graffiti implements for sale to be inaccessible to other than employee of a retailer; after which, it was moved by 1103- Reller-Spurgin, seconded by Schlendorf, and unanimously carried that further reading o01) be waived, and it was moved by Reller-Spurgin and carried by the following vote that 01469 be adopted. AYES: Hodges, Schlendorf, Reller-Spurgin, and Maryanov NOES: Lyons ABSENT: None ' and; I Councilmember Hodges stated that the request the Airport Chairman made in not unreasonable; and that most commissions are not involved in the day to day operations like the Aiport Commission is, City Manager stated that such a change in the Ordinance would require another first reading. Councilmember Schlendorf stated that most commissions do not feel they have enough (050- authority. 010) Mayor stated that all commissioners are free to come to the City Council to discuss how a city department is doing; that it is expected of the commissions to do that; but that the hiring or firing of city staff should not be in a commission ordinance. Councilmember Hodges stated that in her opinion the Airport Commission is making a legitimate request; that most commissions do not speak out against staff; that if this Commissions is requesting more authority to be able to give the Council input regarding staff. Councilmember Reller-Spurgin stated that the Council appoints commissioners to give time and experience to a department, and to express opinions to the Council. Councilmember Hodges stated that adding the language to the Ordinance would open doors for the Commission which it does not have. Councilmember Schlendorf stated that the job for the Council is to set policy; that the City Managers job is to carry out that policy with staff; that it is not the place of a commission to run a department. Mayor stated that a commission can make observations regarding a department; but that it is the position of the City Manager to make judgements on the management of Council Minutes 4-6-94, Page 12 11. MUNICIPAL CODE AMENDMENTS (Cont'd) the city departments. Councilmember Lyons stated that he has not seen any hesitancy by Commissioners to ' Commissions contact him to express their opinions. Mayor concurred, and added that in the Council-Manager form of government, it is the position of the City Manager to evaluate staff, the City Council's position to evaluate the City Manager, Councilmember Hodges stated that it seems that the Council is assuming that everything that a commissioner has to say about staff is negative; and that it may be something positive that the Commissioner has to say, with no way to express it. Mayor stated that each Commissioner has the ability to come to the Council on any issue. Assistant City Clerk read title of Ordinance 1470 regardiling P.S. Regional Airport Commission (expanded); after which, it was moved by Lyons, seconded by Schlendorf, (050- and unanimously carried that further reading by waived; and it was moved by Lyons, 01.0) seconded by Schlendorf, and carried by the following vote that 01470 be adopted. AYES: Lyons, Reller-Spurgin, Schlendorf and Maryanov NOES: Hodges ABSENT: None 12. ADDITIONAL LEGISLATIVE ITEMS: None AGENDA: CONSENT A : � 1 13. See item 21 A. i 14. MO 5340 awarding contract to IPS Services Inc. for $47,767.50, for widening Indian (136- Canyon Drive at Tramview Road, 50% Measure A funded, CP93-51, A 3366. 027) 15. MO 5341 rejecting sole bids from DBX Inc for a 3-yeah traffic signal loop and (130- miscellaneous street repair replacement contract, CP93-43. 001) I 16. MO 5342 approving a decrease change order to contract to Granite Construction of (051- $18,762, for item not needed in connection Airport Project AIP13, 14 & 16, based on 01.0) new Police, (CO2, A3252) Department consoles. 17. MO 5343 approving Work Authorization No. 17 with Gensler Associates, Airport Architect, for design services to compile a multi-user fight information display system (051- for $36,305, to allow for timely installation of automated flight information. (A2781), 055) 18. Res 18366 approving destruction of specified records currently in the custody of the (151- City Clerk. 001) 19. MO 5344 approving Settlement Agreement with Ralphs Grocery Store, et al, regarding (1].6) leasehold interest in property at the Plaza de Sol, Building F. 20. MO 5345 City companion action to above CRA Item a.)• 21. Res 18367 and 18368 approving payroll warrants and claims & demands. (0£46) ' Reller-Spurgin abstain #884723. It was moved by Reller-Spurgin, seconded by Schlendorf, and unanimously carried, Reller-Spurgin abstain warrant number 884723, that R18366 - 18368 and Minute Orders 5340 - 5345 be adopted. Council Minutes 4-6-94, Page 13 21A. CHANGES TO FISCAL YEAR 1993-94 BUDGET Recommendation: That the Council approve amending the Fiscal Year 1993-94 budget to include changes to wages, fringe benefits, and other accounts affected by the ' recently concluded labor negotiations. The net effect of all the changes City-wide is an increase in appropriations of $256,537., and a decrease in estimated revenue of $88,446. Savings from holding vacant positions open and savings in other accounts should be sufficient to offset the net changes. j City Manager reviewed the staff report. (061- 015) Councilmember Schlendorf stated that the budget resolutions are a result of employee contract negotiations; that the Council had directed that $1.2 million be cut from City employee wages and benefits; that the goal was achieved; and questioned whether the $1.2 million will be reflected in the General Fund. Finance Director stated that $845,000 for the remainder of this fiscal year will be reflected. Resolutions 18362 through 18365 (4) amending the 1993-94 budget to include changes to wages, fringe benefits and other accounts affected by the recently concluded labor negotiations was presented, after which; it was moved by Schlendorf, seconded by Reller-Spurgin, and unanimously carried, that R 18362 - 18365 be adopted. ADDED STARTERS: None REPORTS & REQUESTS: I QU STS: I ' 22. DEPARTMENT REPORTS - Received & Ordered Filed (121- 002) a) Treasurer's Monthly - January, 1994 (089- 002) b) The Gas Company - Annual Franchise Report - $145,303.16 23. CITY COUNCIL reports or requests a) Fire Consolidation Task Force: Confirm appointment of Councilmember Jeanne Roller-Spurgin as member to the task force, to replace Councilmember (087- Schlendorf, pursuant to her resignation on March 16 as a task force member; 001) and discussion at the last study session for a successor. It was moved by Maryanov, seconded by Schlendorf, and unanimously carried, that Councilmember Reller-Spurgin, be appointed. b) Study Session Schedule: At the last study session, Council requested this ( matter be placed on the agenda, to provide a change in study session 114- o04) scheduling (suggestion was for each Tuesday, 5:30 - 7:30 p.m.). Mayor suggested that the schedule be changed for the next fiscal year; that other agencies need to be contacted to find out if they would be willing to change their schedules from Tuesday. c) Study Session Action Ratification: ' Minute -Order 5335 approving purchase of aircraft liability and hull insurance - ( re Harvest festival event (confirmation of the urgency action at study session 005050) is pursuant to Council Rules of Procedure); was presented, after which; it was moved by Schlendorf, seconded by Lyons, and unanimously carried that M05335 be adopted. Council Minutes 4-6-94, Page 14 COUNCIL REPORTS OR REQUESTS: d) Council Comments on other matters: Councilmember Hodges requested that a resolution in opposition to the petition regarding the Mobilehome rent assistance be placed) on the next agenda; and (085- added that the Uptown Association requested that the area of Indian Avenue 004) and Chuckwalla be addressed; and that there are problems within the area. Councilmember Reller-Spurgin questioned if the Police Chief had attended the last meeting with the Uptown Association. Police Chief stated that Captian Boswell had attended; and that problems are being addressed. Mayor stated that there are numerous shopping carts on Tahquitz being abandoned; that staff needs to get in touch with the Grocers Association about the problem; that term limits for Commissions need to placed on the agenda to consider changing the term from one four year to two three year terms; and that the Finance Task Farce is composed of experienced people; and that he is looking forward to the recommendations. Councilmember Reller-Spurgin when the next budget session for fiscal year 1994-95 would be scheduled; and that a report n (083- :needs to be prepared to O11) indicate what type of community education regarding the Utility User Tax is being done. City Manager stated April 27, 1994 is the next scheduled budget meeting; and that a series of town meeting are being scheduled regarding the budget and its (083- impacts, that will be presented at the same meetings. 011) Councilmember Schlendorf stated that the meeting needs to have a period of (o63- ' ! questions and answers for the public to have issues clarified. 011) i PUBLIC reports & requests j a) Ann Osborn, representing the Villa Alejo Homeowners Association stated that each time an event occurs within the vicinity of Indian and Calle Encilia the street becomes a parking lot and is hazardous to the homeowners; and requested two signs be placed on the street to indicate 20 minute parking. STAFF reports & requests City Manager indicated that a representative of the Council should attend a Transportation meeting in Sacramento on April 18, 1994 at 1:30 p.m. Councilmember Schlendorf stated she would attend. City Manager stated that the Valley Players Guild is current on its obligations to the City. ADJOURNMENT I There being no further business, Mayor declared the meeting adjourned. ' i JUDITH SUMICH _.City. Clerk �- a-PATRICIA A. SANDERS Assistant City Clerk I I!