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HomeMy WebLinkAbout1994 - MINUTES - 6/15/1994 CITY OF PALM SPRINGS CITY COUNCIL MINUTES June 15, 1994 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Maryanov, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, June 15, 1994, at 6:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:30 p.m., the meeting was convened in open session. 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 262, and an invocation by Rabbi Joseph Hurwitz, Temple Isaiah. PRESENTATION: PSHS Student Body Report - no report REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on June 10, 1994. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION(All Entities)- See items on Page 5 of agenda this date. HOUSING AUTHORITY: FINANCE 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. APPROVAL OF MINUTES: It was moved by Schlendorf, seconded by Hodges, and unanimously carried, that the minutes ' of May 18 & 25, 1994, be approved, subject to typographical correction. PUBLIC HEARINGS: 1. PD 131 (WESSMAN) - APPEAL On June 1, 1994, the Council continued hearing to consider appeal from Planning Commission denial of application by John Wessman for Ralph's market to amend the uses permitted in Building F, currently approved for a grocery store use; requested uses would permit similar uses to those in the C-1 zone; the site is located at 1555 S. Palm Canyon. Mayor and Councilmember abstained. City Attorney stated that this matter was continued because of the potential conflicts of interests; that concerning Councilmember Reller-Spurgin's situation, in which her husband 116- 12) Leases office space across the street from the complex, and the question is whether the decision would result in a substantial increase in the use or enjoyment of that leasehold, he spoke with the FPPC, and it had no conclusive comment, in that a similar situation had not been ruled on before; that an opinion from the FPPC could take up to six months; that he has discussed the situation with Ms. Reller-Spurgin, and if she did not participate, Lots would be drawn from the three members, and one would be allowed to vote. He still reconuuended that the Mayor and Councilmember Lyons abstain. Councilmember Reller-Spurgin stated that she understood the circumstances, and had no problem in participating in the decision. I Director of Planning & Zoning reviewed his memorandum and changes noted in Exhibit A. Mayor declared the hearing open. Don Robidoux, Via Soledad, submitted a letter, and recommended that the Platming Commission decision be upheld, in that it reviewed all of the data and made its decision; that he favors enhalicing the shopping center; and that he spoke with Stater Bros., and it is interested in locating a market in Palm Springs. Council Minutes 6-15-94, Page 2 1. PD 131 (WESSMAN) - APPEAL (Continued) Edmomd Batt, Via Soledad, stated that the highest and best use is for a market, and that anything less would be a hinderance to the people who live in the south end, and he felt Ralph's was opposed because it fears competition. ' Sandy Yavitz, Ralph's, stated that regarding consighm eats, she understood the concern for the kind of store, and ask that the exhibit be refined to address retail stores which sell goods on consignment, or that takes trade-in merchandise which is then sold on the site, e.g., exercise equipment, and with those considerations, Ralph's would agree and ask for approval as presented. Ben Heath, Via Soledad, stated that anything other than a market will reduce the standards for the area, and decrease property values. Dorothy Renwick, South Palm Canyon, stated that she had a thrift store at 695 S. Palm Canyon, and was removed in order to allow a pawn shop; that she felt a market would be better; and she has searched for other locations. There were no further appearances, and the hearing was closed. Director of Planning & Zoning responded to questions by Council, and stated that there is a fair amount of vacant space, some of it in the back of the building and probably difficult to lease; that an anchor store draws other tenants; that intent is to find one major tenant for the market site, and if that is not successful, to divide the space into as many as four spaces; that it would allow flexibility in finding another tenant; that a quarter of the space will be larger than any of the other store sites in the complex, the next largest being Cedar Creek Restaurant with about 8,000 square feet. Councilmember Schlendorf stated that she felt that from the present face of the site, four spaces would be narrow and deep, and not aesthetically pleasing; that she felt that the City attorney and staff could develop acceptable language to allow incidental used and consignment items to be permitted provided that it is limited to current code and perhaps a 50% limited amount of sales; and that it should be done carefully to avoid having four tenants each with up to 50% sales in consignment or used items. Councilmember Hodges stated that when the shopping center was originally built, a mobilehome park was closed and many people relocated; that the center was designed as a shopping center with an anchor and grocery store; that she did not think the now vacant space needed to be filled with just anything; that she would like to have Ralph's work with the Director of Economic Development, contact other stores and see if any possibility that they maybe interested in putting together a type of lease in that site; and she felt that if potential tenants were aware of what was happening the in the area, i.e., the Canyon Project, they would be more interested in the site. Councilmember Reller-Spurgin stated that the intent is to draw people to that shopping center, and if there is not a good anchor, they will not tonne; and that people would come if the anchor is a grocery store. In answer to questions by Council and the City Attorney, Ms. Yavitz stated that an anchor store is preferred, since it is costly to divide the building; that Mr. Wessman has the ability to take back the space and to lease it to a market; that efforts have been made in that regard, but to no avail; that site could not represent Ralph's concerning the settlement agreement, but was able and willing to work with staff in talking with possible tenants. Cynthia Ludvicksen, attorney for Ralph's, also responded to questions by the City Attorney, and stated that the litigation is supposed to go back to court on July 7; that site was concerned as to how long the additional study process will take; that under their lease, the site is not limited to a supermarket only; and that she could not commit the Ralph's Board of Directors to any changes without first discussing it with her Board. City Attorney stated that regarding the settlement, it was felt that the action by Ralph's was premature because its administrative remedy had not been exhausted; that the results of the current process were never agreed upon, and it was known that the decision would be made after hearing testimony, and the Council should not feel it has violated the settlement agreement, rather it has considered uses and the importance of an anchor tenant; that the Council Minutes 6-15-94, Page 3 1. PD 131 (WESSMAN) - APPEAL (Continued) Council is not a part to the lease with Mr. Wessman; that ultimately if there is no willingness to work or go through the process of identifying new tenants, the Council does not have the legal authority to do it for them; and that the Council could ask the staff to work with them, and if that is refused, staff would come back and recommend that the Council act based on the best information it has before it. , It was moved by Hodges, seconded by Schlendorf, Lyons and Maryanov abstaining, to continue this matter to July 6, and during the interim the Economic Development department, and Mr. Wessman work with the appellant to sec what possibilities are of leasing that space for a grocery store type operation, and that the hearing be reopened, with a report back on July 6 agenda for making a decision as necessary at that time. 2. MUNICIPAL CODE & ZONING TEXT AMENDMENTS - PUBLIC ART PROGRAM & FEE Recommendation: That the Council amend the Municipal Code and the Zoning Ordinance regarding the public art program and fee collection. Public Arts Coordinator stated that the ordinance will strengthen the provisions and clarify use of the fee. She reviewed details of the memorandum of the Director of Economic Development. City Attorney stated that he had of problem with the City ownership of the art work when it has been purchased with the fee; that the ordinance provides a person may provide a private piece of art, and dedicate it to the City, which is a nice reason for wanting to have city control, but there may be some problem with enforcement, and he: suggested that after the hearing, the ordinance be changed before taking final action to address that segment. Mayor declared the hearing open. (103- ' 001) Janice Lyle, Executive Director P.S. Desert Museum, spoke in support of art in public places, and urged that the revised ordinance be adopted. In answer to questions by Council, City Attorney stated that the; education purpose was removed, as it relates to developer fees, which are for capital and not on-going programs; that a restricted gift could be used for education purposes; or funds raised or donated outside of the fee structure, as long as they were not mandated funds. Public Arts Coordinator reported that the education purpose was removed as a mandate, but language could be added to make it a permissive program, funded through non-fee associated money. Counciltnetnber Lyons stated that he previously opposed the education purpose from a mandate on developer standpoint, but was not adverse to it on a donation, endowment or other grant basis. It was moved by Schlendorf, seconded by Lyons, and carried by the following vote„ that the ordinance be revised and presented for introduction,to address the city ownership of art work Oil private property, and to allow education programs through non-fee funding sources: AYES: Lyons, Reller-Spurgin, Schlendorf& Maryanov NO: Hodges ABSENT: None INTERAGENCY REPORTS: , a) Mayor provided a brief update on the Fire Consolidation Committee's progress, and the date of its next meeting; and announced that he was elected to serve as the Chairman for the P.S. Desert Resorts CVB Board for the next year. j � 44 Council Minutes 6-15-94, Page 4 PUBLIC COMMENTS: a) Comments regarding item 6: The following persons complimented the work of the Parks Division, and spoke in support of the Parks&Golf Course Superintendent, and retaining his position for the ' coming year. Paul Kamins, former Parks & Recreation Commissioner Dr. Philip Driesbach, Tamarisk Road Fran McNeil, 2155 Jacques Road (061- Mathew Sumich, Tuscan Road 016) Lou Perlin, Parks & Recreation Commissioner Bob Voight, former Parks & Recreation Commissioner Jack McDonald, 129 Pali Carolyn McDonald, 129 Pali Moses Jones, 254 Michelle Steve Granawski, Desert Hot Springs Maintenance Supervisor Susan Plaza, 1164 N. Calle Rolph Josh McNierson, 654 Carole Dr b) Comment regarding item 10: Chuck Coler, 777 Talnquitz, representing Palm Springs Promise Baseball team, stated that to fill this season's gap, the Promise negotiated with the Parks and Recreation Department to use Angel Stadium; that so far the team has done well with a 3 - 0 (115- record; that the weekend games drew about 3,000 people; that the learn is trying to 002) get into a league; and asked for the Council to wait until the California League meets before making a decision. ' c) Comments regarding Item 27: Harold Williamson, 145S.Gene Autry Trail, #16, requested either a continuance or no action. Charles Meyer, Airport Conunissioner, requested the matter be returned to the Airport Commission, as he was absent from the meeting. Harold Lee, Million Air, also asked that this matter go back to the Commission; that (051- he felt the approval would set a precedent for others to come in, and it will erode the 025) fixed based operators. Lyn Crandall, attorney representing Blixseth, explained that the company desired to relocate to Palm Springs from Thermal, and negotiated the concept with the Director of Aviation; that there were two hearings before the Airport Conuuission; that the property has been vacant for several years; that a 20,000 square foot hangar will be constructed; and that the lease prohibits selling fuel, and he urged approval of the agreement. d) Comments concerning Item 3: Gladys McMillan, Indian Trail, commented concerning Dave's Jewelry &Loan, and (103) expressed concern for her store; and favored the proposed urgency ordinance. e) The following persons spoke regarding [natters not related to an agenda item: Dick Sroda, stated that negotiations with the employees are something that has to be done, but that threats, intended or not, should not be a part of the process; that the Police Association has no right to investigate the City Manager; that it is a direct conflict and morally wrong; that three City Councilmembers have stated that they were harassed in the past during the negotiation process; that if the Police can investigate the City Manager, the citizens can expect the same treatment; that it seems the only time the Police criticize the Council is when negotiations take place; and that he felt the "me" attitude by employees should stop. Council Minutes 6-15-94, Page 5 e) Continued Don Robidoux, stated that the City is only using 4 - 6 Police cars on duly at any given time; and in his opinion the Police and Fire Departments should be: "sacred cows," and not cut in the budget. Steve Craig, representing Peace Officers Research Association of California, read a , prepared letter, a copy of which is on file in the Office of the City Clerk. Mark Reid, representing the General Unit, Fire Safety Unit and Police Safety Unit, cited various alleged quotes of unyielding demand made during the recent negotiations by Ray Kepner, the City Labor representative, and questioned if this was the type of direction coining directly from the City Council; and stated that in reality the Council needs the employees to get the job done; that the amount given back .From the employees last year was over$1 million in cash to the City; that there is not a threat, but the City needs to work with its employees; that the citizens want service, and the employees provide that service; and that he considered it is doubtful that there is a budget shortfall. Fred Ebeling, Tuscan Road, cormnented on why people get elected, and (pondered whether a traffic ticket he received was related to his election campaign, and displaying his campaign posters on his vehicle; and Ire felt that the Police Department is holding the Council hostage. Herb Busbaum, resident, commended Councilmember Schlendorf for her tenure on the Council, and the various agencies on which she represented the City. Mayor stated that the P.S. Police Officers Association is a member of PORAC, and asked the City Manager to address its letter; that the Council felt that since the Association had a paid negotiator, the City should also have a paid negotiator; that the Council's goal is to have more police on the street; that the spirit of Prop.172 is ' to put police on the street; that passage of the utility tax was for the benefit of the citizens, not the City Council. LEGISLATIVE ACTION: 3. URGENCY ORDINANCE- PAWN SHOPS & CHECK CASHING FACILITIES Reconmendation: That the Council adopt an interim urgency ordinance to restrict the establishment and operation of pawn shops and check cashing facilities. Director of Planning & Zoning reviewed his report, noting that such uses are currently prohibited in the CBD, although check cashing is not specifically prohibited in any zone; that the moratorium will allow a period of 45 days in which to re-evaluate, and a public hearing is required for a further continuance,or alternate ordinance; and that(lie felt interim regulations can be developed during that time. In response to questions by Councilmember Hodges, he stated that there is at least one interest (103) in a check cashing operation, and staff felt that the ordinance should be looked at first; especially in the C-2 zone, and there is the potential for one or more to open up on Indian Canyon or Palm Canyon; and that the general plan update was a broad range approach to land use, and not a zoning study looking at individual types of uses. He stated that this use is one that was to be looked at in the future, and it is now felt to be urgent to give an opportunity to decide if any new ones should be held while that study is being done, otherwise, the alternative is to deal with the current ordinance concurrently with considering changes; and that a change ' without the urgency process, would take 2-3 months. City Clerk read title of Ordinance 1475, as follows: AN INTERIM ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO RESTRICT THE ESTABLISHMENT AND OPERATION OF PAWN SHOPS AND CHECK CHASING FACILITIES, AND DECLARING THE URGENCY THEREOF. Council Minutes 4 G 6-15-94, Page 6 3. URGENCY ORDINANCE- PAWN SHOPS & CHECK CASHING FACILITIES It was moved by Lyons, seconded by Reller-Spurgin, and unanimously carried that further reading be waived; and it was moved by Lyons, seconded by Reller-Spurgin, and carried by the following vote, that Ordinance 1475 be adopted: ' AYES: Lyons, Reller-Spurgin, Schlendorf& Maryanov NO: Hodges ABSENT: None 4. VILLAGEFEST On .Tune 1, 1994, the Council continued recommendation concerning implementation of the Villagefest Business Plan for 93-94, to this date. Downtown Development Director reviewed his report via the memorandum of the Director of Economic Development,which is on file with the City Clerk, noting that the interim approval (050- of the processes will enable development of the formal documents to effectuate the changes; 018 that the Main Street Board agreed with the recommendation, as did the current Villagefest Committee, which felt that a reserve fund for Villagefest should be setup before reinvesting any excess funds from the event, and that hardback books over 10 years should be retained, whereas the recommendation is to combine comic books and all books, regardless of age, into a category, 'Books, including comic books." Minute Order 5369 accepting recormnendations and authorizing preparation of necessary subsequent actions, to be brought back July 20, 1994, was presented; after which, it was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that M05369 be adopted. 5. CS 5.0637-MISC - ANNEXATION 26 ' On June 1, Council continued consideration of resolution ordering annexation, and approval of required agreement with the County, in order to finalize said agreement. a) Comments by Director of Planning & Zoning b) Council action - cont to 6-22-94 6. 1994-95 BUDGET On June 8, 1994, the Council continued discussion and action concerning the adoption of the 1994-95 budget. City Manager stated that the utility tax is a 3-year window in which to recover$2 million each year in either new revenue or reduced expenditure. He reviewed Option A, which results in a net decrease of 13 position; and recommending that all reserves be combined into a single General Fund Reserve. He stated that he will come back with a recommendation on how to 061- provide risk management services; that the proposed budget does not include any savings from 016) the employee bargaining units, nor privatizing parks maintenance, nor contracting recreation programs, but does provide a balanced budget, with $800,000 toward deficit reduction over time. He stated that middle-management was the target he was given by the Council, and within constraints he has provided the best recommendation to meet his charge. Discussion ensued as to community service officers vs. patrol officers; Police Chief stated that there are currently 7 CSOs staffing the jail, and two assigned to traffic, and the additional two would be assigned to patrol, and would help write report, and he felt it would allow keeping 1 1/2 officers available to answer emergencies. Director of Finance reported that Prop. 172 funds were restricted and deposited into a separate fund; that special funds were used to offset overtime in Police Department and balance will be available for 94-95; that the requirement of Prop. 172 is that the money be spent for safety and the obligation has been met; that approximately$271,000 will be available next year; that an analysis of where the funds were spent could be provided. c� 14°7 Council Minutes 6-15-94, Page 7 6. 1994-95 BUDGET Councilmember Hodges stated that the Prop. 172 authorization by Council was to add officers, not augment current costs, and she would like the analysis. Police Chief stated that one position which was authorized was filled; that the testing for the second position coincided with the 94-95 budget development, and options for reductions, and , in-lieu of filling the position only perhaps to be later cut, he withheld that action and did not believe all funds were spent. Councilmember Schlendorf stated that Prop. 172 was passed by the voters, and the utility tax was approved, and the primary concern has been for safety; that without the 172 rands, the police budget is $500,000 less, and she did not think that is what people were told; and that the PERS payments were appropriated and a part of the budget. Director of Finance stated that there is a PERS adjustment each year; that both sides can be argued, however, there may be no savings in a subsequent year, and if additional personnel are hired based on the prior year's savings, there may not be future dollars to pay for them if the rates change again. City Manager pointed out that if the funds.are used for that purpose, they must be taken from somewhere else, and he feels the most fair recommendation has been made. Mayor stated that the public has also asked for library and parks facilities; that there is no 061-( question they want police protection, and that should be augmented, but he also wanted to 061- augment the other departments, and the question becomes one of where to stop juggling. 16) In response to question, Police Chief stated that promotions have been completed to fill the various positions, and the bottom line will be two new officers, but overall there are not more personnel as a result of the promotions; that the Prop. 172 funds would be used to continue to funds the officers hired, with understanding that the 93-94 allocation covered only a portion of that amount. ' Councilmember Schlendorf stated she thought the police department cut was too much, since the utility tax just passed. Councilmember Reller-Spurgin stated that she agreed the community was asked for the tax to continue a level of service and there is a desire to improve the level of service; that she felt the vote said people were scared, and they want green parks, the pool, and library; and agreed with suggestion to cut the Lieutenant, keep the two police officers which would have been changed over to community services officers, and to fund the difference out of reserves and Prop. 172. Councilmember I-Iodges stated that some positions are vacant, but there are bodies in others and the decision is not one that is liked; that the City Manager has been directed to look at the entire structure of government and to see how it can be consolidated and reorganized and many of the position cuts are due to that reason; that it is important for people to understated that; that the Council asked for it, and the City Manger developed the recommendations as to what areas the feels can best continue to run the City; and that the effort is to refine the organize to manage the City in the best way possible. Councilmember Lyons stated that many of the employees whose positions are being cut are personally known, and it is a terrible process to go through. Councilmember Reller-Spurgin thanked employees for giving years of their lives to the City; that adoption of the budget does not mean that the effort to restructure will not continue; and that the City needs to "exhale" and move ahead. ' Mayor stated that the positions being cut hold excellent people, and references should be provided; and that times have changed, and it is a simple as that. He added that the goal after negotiations is to provide funds to add people in safely and fire services. Resolution 18409 to adopt the 1994-95 budget, as recommended by the City Manager, with additional modification in police, i.e., to retain two police officer positions in-lieu of making them conmrtmity services officers, and to fund the difference from reserves, was presented; after which, it was moved by Reller-Spurgin, seconded by Schlendorf, and unanimously carried, that R18409 be adopted. ' 4S Council Minutes 6-15-94, Page 8 7. MUNICIPAL CODE AMENDMENT City Clerk read title of Ordinance, to reconfigure Airport Commission, in response to the La Quinta request for regular status, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, (060- ' AMENDING CHAPTER 2.16 OF THE PALM SPRINGS MUNICIPAL CODE TO 001) EXPAND THE COMMISSION TO FIFTEEN (15) MEMBERS. It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that further reading be waived, and that the Ordinance be introduced for first reading.. 8. RANCHO MIRAGE LIBRARY SERVICES Recommendation: That the Council approve a Memorandum of Understanding with the City of Rancho Mirage for shared library services during 1994-95, estimated payment to Palm Springs of$90,000, A3385. City Manager noted reconunendation in the memorandum of the City Librarian, and no further report was given. (099- Minute Order 5370 as recorunended, was presented; after which, it was moved by Reller- 001) Spurgin, seconded by Hodges, and unanimously carried, that M05370 be adopted. 9. GOLF COURSE MAINTENANCE EQUIPMENT Recormnendation: That the Council award bid for the golf course maintenance equipment. Minute Order 5371 awarding two greensmowers and two 4-wheel utility vehicles, to Desert Turf&Commercial for$27,749.94; and Minute Order 5372 awarding a topdresser to Pacific Equipment & Irrigation for $9,966.88 were presented. Director of Public Works responded to questions, and stated that the equipment does not replicate any existing equipment, and is essential in maintaining the new grass to bring it to full maturation to allow play on the new golf course; that alternatives to purchasing the (092- equipment were explored, but none found to be feasible. 010) City Manager stated that the Request for Qualification phase of contracting the golf course is 90-120 days away from completion; that the pro-concession at the existing course has two years under contract, which could impact the proposal process; that the course is expected to be open for play January-February, 1994; and that the equipment is needed to protect the grass, which otherwise will be destroyed. It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that M05371 and 5372 be adopted. 10. STADIUM USE - P.S. SUNS Reconunendation: That the Council authorize a license agreement with the P.S. Suns Professional Baseball Club, Inc., for use of Angels Stadium, A3386. Director of Parks, Recreation & Golf Course reviewed details of his report, detailing the options that were considered, and the extent of the proposed agreement. In answer to questions by Councilmember Reller-Spurgin, he stated that the Palm Springs Promise team was unanimously supported by the Commission for this summer only;that it was advised of the opportunity to submit a proposal, that it had difficulty getting its data,and no proposal was received; and that the summer concession proposal aspect was the same, but the 002) fee was on a per game basis, which compared $80-120 vs. $150 of P.S. Professional Club; that the owners of P.S. Professional are willing to work with Mr. Coler to join together players. He added that a proposal was to have been received from the California League; that the Western Baseball League has a deadline of June 30, and the owners have the option of location, and if not completed, the team goes to Reno; that it is not likely the City would be chosen for a relocation or expansion team. He also stated that the P.S. Promise is a collection of players who do their own scheduling, and play against other similar types of teams. n !4: ) Council Minutes 6-15-94, Page 9 10. STADIUM USE - P.S. SUNS (Continued) Councilmember Hodges noted that the California League had control of the P.S. Angels and doubted that it would allow another franchise in Palm Springs, since that team relocated to Lake Elsinore. City Attorney recommended that the agreement provide a condition that the team iremain a , member in good standing ill the league, and if it fails to do so, the agreement could be terminated by the City. Councilmember Reller-Spurgin stated that she did not think this was a fair process that the P.S. Promise was not allowed to make a bid. Councilmember Sehlendorf stated that if P.S. Promise is not in a position to be a professional club, the staff did what it was asked to do, i.e., find another professional team to replace the void left by the relocation of the Angels. Minute Order 5373 as recommended, was presented; after which, it was moved by Hodges, seconded by Lyons, and carried by the following vote, that MO5373 be adopted: AYES: Hodges, Lyons, Schlendorf& Maryanov NO: Refer-Spurgin ABSENT: None i f. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirements; materials at meeting) None CONSENT AGENDA: (Note: Response was provided to requests for clarification on Item 14). ' 12. MO 5374 awarding contract to James T. Dunphy Construction Co.., for $7,500, for interior (085- painting at the P.S. Youth Center, 3601 E. Mesquite, CDBG funded, CP94-02, A3387. 001) 13. MO 5375 awarding contract to Commercial Diversified, Inc., for $19,462.75, for building (085- insulation installed at the P.S. Youth Center, 3601 E. Mesquite, CDBG funded, CP94-03, 001) A3388. 14. Res 18410 and 18411 amending the budget to establish a capital project funds to track revenues and expenses related to the development of the train station site($2.3 million);and to establish (061- appropriations for tracking expenditures and revenues related to the disposition of the city- 015) owned Prairie Schooner site, and the agency-owned Fire Station site.,both in Section 14 ($1.85 million). 15. MO 5376 approving Change Order No. 1 to contract with Matich Corporation for an increase (136- of$8,976.51 for final as-built costs of the El Cielo Road widening CP93-44, A3343. 022) 16. See Item 27. 17. Res 18412 authorizing acceptance of FAA grant AIP-17, for an amount not to exceed $9.1 (051) million, on behalf of the City. 18. Res 18413 amending the budget to appropriate$275,000 from the Airport Fund to provide the (061-- second allocation of matching funds for an expected $9.259 million Federal grant for safety 015:1 area projects. 19. MO 5377 approving a personal services agreement with Helen M. Oster, dba The Paper (087- Chase, for billing, collection and accounting services for Fire Department fee paid services, 001) at $18 per hour, not to exceed at $25,000 for 94-95, A3390. 20. Res 18408(originally assigned 6-1-94),approving owner participation agreement with Canyon (124) Development for the Canyon Park Resort and Spa mixed project within the, Canyon redevelopment project area (approved by CRA R932, A331c). mi ,t-� i Council Minutes 6-15-94, Page 10 21. Res 18414 approving settlement & cooperation agreement with Riv. Co. Supt. of Schools (133- concerning pass-through of tax increment for PA9 (Citywide), (See CRA Item above). 006) 22. Res 18415 approving settlement & cooperation agreement with Riv. Co. Supt. of Schools (133- concerning pass-through of tax increment for PA10 (Canyon), ( CRA Item above). 006) ' 23. MO 5378 approving preventive maintenance agreement for certain equipment in the City's (084- print shop to AM Multigraphics for $14,651, for 94-95. 010) 24. MO 5379 awarding contract to Chris W. Foster, Inc., for $7,500 for plumbing rehabilitation (117- at Fire Station 5, 5800 E. Bolero Road, CP94-07, A3391. 016) 25. Res 18416 amending the budget to appropriate an additional$500,000 from Risk Management (061- reserves to the Fund's health insurance account. 016) 26. Res 18417 and 18418 approving payment of payroll warrants and claims & demands. (086) It was moved by Schlendorf, seconded by Lyons, and unanimously carried, that Resolutions 18410 and 18411 be adopted. It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that Resolutions 18412 through 18418 and Minute Orders 5374 through 5379 be adopted; Reller- Spurgin abstained on 887479;and Hodges abstained on MO 5379, due to a client relationship. 27. AIRPORT - SCHUTZ & BLIXSETH Recommendation: That the Council approve a termination agreement of Lease A1728 with Carole Schutz, and a new lease agreement with Blixseth Corporation for approximately 1.9 acres of airport property containing a hangar, A3389. ' Director of Aviation reviewed his report, and noted that the new tenants will be "self-fueling" (051- and not "selling" fuel; that standards for anyone else to do likewise, including a minimum 025) 1 1/2 acre site, a 20-year lease, and a $400,000 investment in the site, with removal at the lend of the leasehold and cleanup of the site, payment of all fees that would be paid by an FBO if it were to sell fuel, plus other related fees; that the applicant is willing to make the investment and to guarantee that it will not sell fuel to anyone otherwise the City may terminate the agreement immediately; and that all aircraft must be registered with the Airport; and that above ground tanks are not permitted, and fuel must be dispensed directly into the Aircraft. In response to question by Council, he stated that cleanup in event of default would be accomplished through sale of the assets; and that one commissioner opposed the lease on the basis of concern about having other fueling going on; and a second commissioner was concerned about competition and the economy of-the Airport. Minute Orders 5380 and 5381 as recommended, were presented; after which, it was moved by Schlendorf, seconded by Lyons, and unanimously carried, that M05380 and 5381 be adopted. ADDED STARTERS: None REPORTS OR REQUESTS: CITY COUNCIL reports or requests - None Council Minutes 6-15-94, Page 11 PUBLIC reports or requests - None STAFF reports or requests a) City Manager reported that the County will hold a hearing on June 28 regarding CSA ( 123- 152 and requested that Council be represented; after which members responded that 016) their calendars did not permit that time. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned to June 22, 1994, 7:30 p.m., preceded by Closed Session at 6:30 p.m., in the Large Conference Room, City Hall. (JJUDITH SUMICH City Clerk