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HomeMy WebLinkAbout1994 - MINUTES - 7/6/1994 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 6, 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 Talrquitz Canyon Way, on Wednesday, July 6, 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,Kleindienst,Reller-Spurgin,and Mayor Maryanov Absent: Councilmember Lyons The meeting was opened with the Salute to the Flag, and an Invocation by Capt. James Nickols, Capt. U.S. Navy, Director of Religious Ministries Directorate, Marine Corps Air Ground Combat Center, Twenty-Nine Patens. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on July 1, 1994. CLOSED SESSION - None PRESENTATION: Dennis Spurgin,Chairman of the Save DARE Committee,presented his committee, and thanked them, the community and the Council for support, and presented a "check" to the City as (074- a contribution toward continuance of the DARE Program. Certificates of Appreciation were presented 001) to each committee member 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. ' ELECTION OF MAYOR PRO TEM Mayor recommended the election of Art Lyons as Mayor pro tern, indicating that the Council has been rotating the position among its members; after which, motion by Maryanov, seconded (070- by Reller-Spurgin,to designate Art Lyons as Mayor pro tern, was unanimously carried; Lyons 001) absent. STUDY/DISCUSSION ITEM: A. GAMING City Attorney reported that the proposal is to allow gaining on non-Indian-owned land; that the Task Force made recommendation and he raised questions how to prepare the ordinance at the last study session; that it is a very complicated issue and further discussions with Mr. Stuart, have resulted in as series of recommendations on open-ended issues and if there is agreement he can proceed to draft the ordinance. (083- Mayor reported that he, the City Attorney and Councilmember Kleindienst met with the Tribal 012) Council and representatives from Caesar's earlier this date, and the Tribe's request was that the ordinance not be passed, because of the impact it might have on the Caesar project, but if it is passed, that it not apply to Indian-owned land; that the Tribal Council felt there was going to be a lot of lobbying and pressure, and it would be better to not have the ordinance; that it was pointed out to the Tribal Council, that the Isenberg bill was pending, and that the community approved the charter and wanted more local control and probably will move forward with the ordinance. Councilmember Kleindienst noted that a copy of the ordinance is to be provided to the Tribal Council for its review and comment. Council Minutes 7-6-94, Page 2 A. GAMING (Continued) City Attorney noted the following: 1) Four categories of land use were recommended. Location & Type of Facility: , a. CDB: Up to two stand alone facilities in the CDB with a minimum of 40 tables per site, and not more than a total of 100. The Council's concern was to enhance the downtown area, acid a facility could not be only in a hotel; that a stand alone should have a place in the near downtown so people would do business with other downtown establishments; that the question related to the total number of tables recommended for downtown,; that the Task Force suggested placing not more than two stand alones, with a minimum of 40 tables; that there was concern regarding Limiting the number, ill that a single site with all of the allotted number of tables might be too much traffic, noise, parking, etc.; that the goal appeared that smaller sized facilities would be more appropriate in scale downtown,and to encourage more thanjust gaming, i.e.,patronizing restaurants, live entertainment, commercial uses, shuttle services. b) Existing Hotels: 250 room minimum; no reduction in existing amenities, rather provided through additional space; no added amenities required; five possible sites. c) Large Scale Resort (LSR): 40 acres, 400 residential, and hotel; shuttles, 18- hole golf course or amenities of equal value, e.g., water entertainment, amphitheater, horses, etc. d) City or Agency-owned property under long-term lease. ' He stated that the task force originally recommended 4-5 rnaxintum sites, and under the above, there is a potential of ten; that the number of tables be restricted to 300, however, that number appears low, and a formula of 100 tables per 10,000 population would be workable, and could adjust with the population clianges. 2) Hours of Operation: 18 Hours to be set by operator. 3) Wager Limit: $10,000/per table 4) Size: (see above CDB) LSR: 40-200, subject to CUP which could include restriction on the number of tables, hours, size, etc. Overall size could be amended by 4/5 vote of the full Council. 5) Revenue to the City: Council may want to consider a formula; and connuitment of revenue stream portion to safety and educational purposes. Mayor stated he felt the information was contrary to what was presented at the 'last study session, and to the commitment to the Tribal Council; that the task force stated that the Council should foster the Class 11 and a second Tribal facility downtown. Councilmember Hodges disagreed, and stated that these were discussed in general; and felt it was the basis from which the Council may now provide direction; and that perhaps a 40-300 ' table limit was too wide of a range; however, if the Council has the discretion to set what it feels is an appropriate number for a given project, then it may be appropriate. Councilmember Reller-Spurgin stated that 200 tables for a LSR would not be very many. City Attorney stated that for a Large Scale Resort to support 200 tables, it would require drawing from a very sizable hotel clientele, and he considered it unlikely that such a size would be in connection with an LSR; and that the stand alone types would benefit more from 200 tables. Council Minutes 7-6-94, Page 3 A. GAMING (Continued) Councilmember Kleindienst questioned what the goal of gaming is-destination resorts, filling hotels, or securing golf courses. Councilmember Reller-Spurghi noted that there are three LSR in the pipeline. ' Mayor stated that the community also has the placement of the Tribe casino that would support downtown hotels, so they are covered, acid it would support the downtown comrnercial uses; that he found it hard to believe that 40 or 100 tables would bring people to shop downtown; that he felt there was more opportunity for people to leave a hotel and go downtown, than to go downtown to both shop and gamble, and it would ruin the downtown and not help it, and would bring congestion, and only people who want to gamble; and that lie favored the LSR, city-owned property, and some latitude in amending the ordinance depending on how it is working out. Councilmember Hodges stated that the issue is opportunity to have lunch or dinner, or partake in other activities, e.g., live entertainment in the downtown area, and if only the LSR sites, or city-owned property is considered, they will attract people to outlying areas, and will kill the downtown; and that anything that can be added to downtown will be a help, and not a hindrance. Councilmember Reller-Spurgin stated that at the last study session, the concern was expressed that if the gaming is only in a hotel, it will attract people who eat, sleep and gamble, but never leave the hotel; that she suggested a stand alone facility, with a limited snack bar, and eventually the players will leave to go elsewhere; that the Tribal proposal is a major Class III stand alone which would support all hotels and be within walking distance; that other hotels can expand without having to become resorts, leaving the Riviera and the Autry, and noting that the Autry has a substantial entertainment facility planned. Councilmember Kleindienst questioned how many tables are proposed for the Caesar Casino, and stated that if that satisfies the need for the stand alone or in hotels downtown, he did not want to build facilities that would otherwise compete with Caesar. Councihuember Hodges stated that it is difficult to draw a similarity between the Tribal proposed and what the City Attorney has reviewed, because the land involved is not the same; that Caesar's is talking about 40,000 square feet in Phase I and possible expansion after that. Councilmember Kleindienst stated that existing hotels cannot reduce their amenities, and must build new space for the gaming. Director of Planning&Zoning stated that the task force's concern was that existing conference hotels not remove those amenities and replace them with gaming, but rather to consider possible conversion of other internal space, recognizing that some could actually expand physically and perhaps provide parking structures. Mayor stated that if the ordinance approved by the voters could again be changed by the voters; that he did not favor separating revenue streams for any purpose; that he had a particular problem with restricting it for education, and felt it was "window dressing" to sell the issue; that he preferred a more limited ordinance, on that did not conflict with Class III, but provided control with some gaming and with opportunity to have local ordinance amended by the Council and voters. In response to questions by Council, City Attorney stated that these criteria must be in the ordinance to meet the Isenberg bill; that the Mayor's suggestions would work in terms of how Isenberg is viewed; that the ordinance needs to provide that gaming may be put somewhere, with the Council deciding the extent of it -location, hours, tables, etc - and the Council will have to decide what the community will support; and that the draft provides any changes would require a 4/5 vote of the Council and nothing that would require a future vote of the people, and if the Council felt otherwise, those issues could also be separated. He added that if the Council wished, whenever new category is added, it could require a voter approval. Councilmember Kleindienst expressed agreement with the LSR and on city-agency owned property; that he felt there were some considerations for existing hotels, and wanted to further consider stand aloues; that altogether there would be 13 possible sites; and that he preferred to move forward cautiously. 11R I Council Minutes 7-6-94, Page 4 A. GAMING (Continued) Councilmember Hodges agreed with the LSR and city-agency owned properly, and stated that site liked the stand alones and thought they were important; that she was not certain as to lute existing hotels, and did not believe that every expansion should go to the voters, in that she felt if the voters approved gaming, that specifics would come before the Planning Commission and City Council, and the process itself will result in protective restrictions, e.g., not next to ' a residential area. Mayor stated he felt there would be a lot of pressure and money and promises which will not happen; that it will become a "run away train"; that flume Councils are also a part of the mix, and there should be some limitation which belongs to the voter; that the Council should support Class III for California; approve the LSR, city-owned property, and allow future atuendmcnts by the voters. Councilmember Reller-Spurgin stated that she agreed the voters would either approve or disapprove gaming per se; that she liked separating 50% of the revenue for safety, adding that Caesar's was to give something to the City to cover increase service expense; that she felt the public has expressed a desire to increase safety service and this is a means of achieving that. Mayor stated that he was not opposed to spending the funds for safety, but opposed to distinguishing it in the ordinance; that perhaps there should be a required level of private security, and leave the revenue for other services. Councilmember Hodges agreed with the specifying 50% for safety, and felt that the public wants to tie the Council's hands; that she felt it important and appropriate to spend the money in that manner. She stated that a suggestion was made r,s to prohibiting former Councilmembers or City staff from participating in making a gaming facility come about, vis- a-vis partnership, etc., for a limited period of time after leaving office. The Mayor and Councilmember Kleindienst agreed that there should be a limitation with ' respect to ownership. Jim Stuart stated that studies show that people prefer walking from one casino to another, and the task forte's recommendations were in an effort to keep abreast of the times. In response to questions by Council, City Attorney stated that earmarking funds for public safety did not address maintenance of effort, and it would be discitetionary with the Council as to how the funds would be spent. Mayor slated that a problem arises as to what "enhancement" means, and that he agreed public safety will have to be enhanced, but lie did not like tying it to a percentage of the. revenue. Councilmember Hodges suggested a 2597 ratio to go specifically for additional police and fire, leaving 75% for General Fuml purposes. Mayor stated that he would be satisfied with the 25% if it includes a clause for a general reduction if necessary. Councilmember Hodges noted that it could be changed by a 4/5 vote. A "straw" vote of the various items, indicated a support of the following: A. Land use to be LSR city-agency owned property under long-term lease. B. One-time voter approval on the subject of gaming. C. No stand alones. ' D. 25% of revenues to the City to be earmarked for additional public safety; with proviso for future reduction if necessary. E. Maximum facility size: 200 tables F. Conflict of Interest: no ownership by former Councilmembers or staff for 12 months after leaving office G. Wager limit: $10,000 Council Minutes 7-6-94, Page 5 A. GAMING (Continued) H. Hours of Operation: 18, set by operator City Attorney to prepare ordinance and ballot documents to place issue on November, 1994 ballot. ' HOUSING AUTHORITY: FINANCE AUTHORITY: - No business APPROVAL OF MINUTES: It was moved by Hodges,seconded by Reller-Spurgin,and unanimously carried, Lyons absent, that the Minutes of June 1, 8 and 15, 1994, be approved, subject to striking the last clause of (061- the sixth paragraph on Page 3 of the minutes of June 8, 1994, which Councilmember Reller- 015) Spurgin stated should not have been attributed to her. PUBLIC HEARINGS: I. PD227A (P.S. CENTER LIMITED) - APPEAL Consideration of appeal by P.S. Center Limited from Planning Conunission denial of a revised planned development district and tentative tract map to divide 17 acres into 11 parcels to allow a community shopping center, aka Palm Springs Marketplace, on the SE corner of Vista Chino and North Sunrise Way, Section 12. City Manager reported that the developer requested that this matter be continued to July 20, and that it be reviewed at a study session on July 13. Councilmember Hodges stated that she felt it appropriate to open the hearing, and then proceed. Mayor stated the hearing should be opened, and the a decision made. City Manager reviewed the Memorandum of the Director of Planning & Zoning, who was advised to abstain for 12 months following his spouse's employment with the Desert Hospital, (116- property owner across the street from the subject site. 094) Councihnember Kleindienst stated that he would abstain due to a client relationship which occurred 11 months ago. Mayor stated that it appeared the developer's expectation was that the item would be continued, and he would meet later with the neighborhood to resolve the issues. Mayor declared the hearing opened. John Wessman, Rancho Mirage, stated that he did not understand why the project was ever approved, considered a large shopping center across the street, and within 2 miles from another which is closed and boarded; that moving the market to Sunrise will create more traffic and truck problems; that the market will only draw from patrons which use the market across the street; that if it is an expansion, it would be more appropriate to be located to the east on Vista Chino, where the population will come from. Game Carter, President of the Sagewood Homeowners Association, stated that they have tried for two years to meet with Mr. Summers and to work with hint;that when he did meet, it was one-way communication as to what he was going to do; that an acceptable design should be considered which is sensitive to the concerns of the neighbors; and that she asked for a continuance with condition that the developer work with them on a constructive basis and redesign the center so when it is presented, both the developer and the neighbors will be in agreement and in a spirit of cooperation. Patti Dockter, Sandalwood, stated that she recently purchased the unit which would be the most affected by the change, and would suffer a 10-15% property value loss from it. Council Minutes 7-6-94, Page 6 1. PD227A (P.S. CENTER LIMITED) - APPEAL Ed Dietrich, Chia Road, Treasurer of the Homeowners Association, stated that the property owners know that eventually something will be built on the site, and they want to work with a reasonable developer on a plan that will enhance the City; that they support the City's need for additional tax money; that the plan must fit with the communhy; and that they have a strong conunitment, including financial support, to maintain their property values; and that they want to discuss design, boundaries, and a working relationship, and come up with something that is classy and still protects their interests. Marvin Roos, Mainiero & Smith, stated that they were retained by Sagewood Homeowners to get some resolution and develop a win-win solution;that changes iu location on the plan can be mitigated, and there are 3 areas of need: through traffic on south side of the project, alignment of buildings close to the setback loom over adjoining property, and nninimum buffering; that the owners would like a chance to work in harmony with the developer, the homeowners and the planning staff. There were no further appearances. Mayor stated that he felt the Council should close the hearing, deny the appeal, and send it back to the Commission; and that it should not be continued to study session. Councilmember Reller-Spurgin read a statement from Councilmember Lyons that the developer's efforts would be inappropriate and insensitive; that there have been inadequate attempts to address the concerns raised; that if there were time cons1lahits, the alternate plan should not have been considered; and that lie recommended denial with a return to the Planning Commission for citizen input. City Manger stated that Mr. Summers was told that it was likely ilia. the hearing would be held; the staff person who was to have presented the report because of the Director's abstention, was also not present. ' Councilmember Hodges stated that Mr. Summers made an incorrect assumption, and he there was an opportunity for him to speak. It was moved by Reller-Spurgin,seconded by Hodges,and unanimously carried, Lyons absent, Kleindienst abstaining, that the hearing be closed. It was moved by Reller-Spurgin,seconded by Hodges,and unanimously carried, Lyons absent, that Resolution 18421 upholding the Planning Commission denial be adopted; and that if the developer wishes to start over, the adjoining property owners be involved. 2. PD 131 (WESSMAN) - APPEAL On June 1, 1994,the Council continued hearing to consider appeal from Planning Commission a denial of application by John Wessman for Ralph's Market to anend 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; said hearing was further continued to this date. City Attorney stated that he spoke with the applicant about the conflict of interest situation (116-- (blembers Lyons & Kleindienst and the Mayor) and that upon drawing lots, the person 012) designated to vote will need to be brought up to speed. It was die consensus that Councilmember Kleindienst and the Mayor would draw lots(2 blank fold pieces of paper, and a third with the word "vote" on it) and the remaining "lot" would ' be for Mr. Lyons. As a result of the drawing conducted by the City Clerk, Mr. Kleindienst drew the 'vote" piece of paper. City Attorney stated that at the last hearing, the Director of Economic Development was asked to pursue whether other markets were interested in using the site; that the Director made such an investigation, but the answers are not yet conclusive; that he thought it appropriate to continue the hearing to allow Councilmember Kleindienst time to review the record; and noted that Ralph's is anxious to move forward, and does not want to continue the hearing but is willing to do so to allow the time for the review of testimony, etc; and lie suggested opening the hearing and allowing those to speak who could not otherwise come back in two weeks. Council Minutes 7-6-94, Page 7 2. PD 131 (WESSMAN) - APPEAL Mayor turned the meeting over to the Mayor pro tem, who declared the hearing opened. Cynthia Lukvicksen, attorney for Ralph's, stated that it has been almost two years since the process started, and they are anxious to resolve the issue, and the longer they wait, the less ' likely they are to find a sub-lessee, because the remaining time of the lease is shrinking; and that her client recognizes the need to have the additional continuance, but did not want to it drag on. There were no other appearances. It was moved by Hodges, seconded by Kleindienst, and unanimously carried, Lyons absent, and Maryanov abstaining, that the hearing be continued to July 20, 1994. 3. ANNUAL STREET LIGHTING & PARKS MAINTENANCE DISTRICTS Recommendation: That the Council approve amoral levy of assessments for Street Lighting Maintenance Districts 3 & 4 (Crossley and Eagle Way, respectively) and for Parkways Districts 6A, 6B, &6C (various), 7 (Sunrise Norte), 8 (San Rafael), for fiscal year 1994-95. (056 & Memorandum of Director of Public Works was highlighted, with notation that there are no 056 increases in assessments. 134) Mayor declared the hearing opened; there were no appearances; and the hearing was closed. Resolutions 18422 through 18426 confirming assessments for each district,respectively, were presented; after which, it was moved by Reller-Spurgin, seconded by Kleindienst, and unanimously carried, Lyons absent, that R18422-18426 be adopted. 4. RULE 20A UTILITY UNDERGROUNDING PROJECT ' On May 18, 1994, the Council set this as time and place for hearing on proposed Rule 20A Utility Undergrounding project to convert certain overhead cables and poles in the vicinity of E. Palm Canyon, Escoba, El Cielo and Sonora Road. Affected property owners were notified. Director of Public Works reviewed his report, noting that there are no City funds involved, and that it mortgages the SCE Rule 20A funds for the next nine years; that 3-4 properties would have been required to pay from their facilities to the new line, however, two have been worked through with Edison and other's are near resolution. Mayor declared the hearing opened. Clyde Greco, Rancho Mirage, stated that he is one of the four property owners, and has not (147- agreed or resolved anything with Edison, and asked for clarification as to who has agreed with respect to the commercial aspect, and what was resolved. Director of Public Works stated that Mr. Greco and Mr. Ehrlich have separate issues in terms of requirements placed on their properties to underground; that the Council asked that they be worked with to find a fee they can live with; that regarding this district, the lines will be undergrounded and it has no hearing on either of those two properties except connecting to the line. There were no further appearances, and the hearing was closed. Resolution 18427 forming the district, as recommended, was presented; after which, it was ' moved by Kleindienst, seconded by Reller-Spurgin, and unanimously carried, Lyons absent, that R18427 be adopted. INTERAGENCY REPORTS: None PUBLIC COMMENTS: Council Minutes 7-6-94, Page 8 a) Comments Concerning Gaming: Dick Sroda, resident, stated that there is no assurance the ']tribe will secure Class III gaming; that gangs rob casinos in Las Vegas because that is where the money is. He also commented on salary reductions in Indio, the number of employees per department comparison with other cities; the cost per capita; that palm trecs have not been cut, and murders not resolved, and that there are not enough earthquake supplies , for local residents. John Wessman stated it is often difficult to cut or take away something that is already provided; that he favored having free-standing casinos besides those controlled by the (083- Indians; that if only the Indian casino is established, it will take years for others to 012) occur; that gaining is enhanced by more casinos; that there must be concern about traffic, etc., but the frce-standing should not be removed from the ordinance, and the 4/5 vote for.a change is not right; that the free-standing will not be competitive because they will not be Class Ill; and if the Indians only get Class lI, more casinos will be needed. He favored the contract with Mr. Ogburn. Eric Meeks stated that he found the average restriction on employment and ownership by former city officials was three years, and he was concerned that the casinos will lure good employees from the City. Darrell Meeks added that the restriction is not unusual, and it should not be limited to ownership. Barbara Gorhzales-Lyons, Vice-Chairman of the Tribal Council, asked that the ordinance include language that whether Class 11 or III is established, the ordinance will not affect Indian lauds at all. b) Comment concerning Item 5: Mike Russell, resident, speaking for the Movie Colony, supported the contact with Mr. Ogburn, and complimented his work. ' c) Comments on matters not related to an agenda item: Fred Ebeling, resident, suggested considering reducing the number of staff during summer months. Mayor stated that last year, city employees gave back $800,000 in out-of-pocket costs; that the Desert Sun articles concerning the comparison of the number of employees, the article was distorted, and did not properly reflect the services or enterprise funds, or the nature of the community; and that,he was tired of erroneous and distorted figures; and that a vacant position not replaced is a position which is eliminated. LEGISLATIVE ACTION: 5. DOWNTOWN DEVELOPMENT CENTER Recommendation: That the Council approve a one-year contract with Jerry Ogburn dba REDAC2 for continuation of the downtown development center and the Uptown Association Center, as well as the continued extension of the program to include 5 redevelopment project areas located along the Palm Canyon Drive and Indian Avenue corridors (PAI, PA3, PA5, PA6, PA9A & 9E) for $128,000, A3398. City Manager highliglued the memorandum of Director of Economic Development. (133- 005) Councilmember Reller-Spurgin noted that all salary, benefits, office operations or included in ' the contract amount. Minute Order 5382 approving the agreement, as recommended, was presented; after which, it was moved by Reller-Spurgin,seconded by Hodges, and unanimously carried, Lyons absent, that MO 5382 be adopted. n f;f Council Minutes 7-6-94, Page 9 6. CIVIC CENTER - CORPORATE YARD FAA RELEASE Recommendation: That the Council requested that the Federal Aviation Administration release from all deed restrictions an 11.8816 acres known as the City or Corporate Yard, in exchange for compensation received and transfer of 9.39 acres on Vista Chino for the Airport. (072- ' Director of Aviation highlighted his memorandum, adding that it is a strong resolution, and 003) if it is not satisfactory to the FAA, it may be returned for more specificity. Resolution 18428 as recommended, was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, Lyons absent, that R18428 be adopted. 7. BOARDS & COMMISSIONS - SHORT TERM LENGTH Consideration of modifying the short term to which a person may be appointed and still be eligible to serve a full term (current limitation: 12 months or less). City Manager reported that on May 25 the Council dealt with the issue of a two term limit, and a motion was adopted to not change any current provision. Mayor stated that he considered this a separate issue. Councilmember Hodges stated that she did not agree, and fell it evident by the motion that there would not be any changes to the current provisions, and that there needed to be a unanimous approval to reconsider a matter. City Attorney stated that the Council could determine that this is a different issue, in that it is a somewhat different proposal; that the last motion was not to take an action; that he did not (103- think it fell into the strict reading of the rule on reconsideration; that a motion to reconsider 001) is to create a rule so that when a matter is already discussed, it cannot be brought back up again in the same meeting; that he did not believe the rules should be used to frustrate the Council from accomplishing its policy objectives; that he felt this was a different proposal, and if a majority of the Council wished to talk about it, there should not be such a technical reading that it prevents the majority from acting; and that Robert's Rules of Order is intended to apply to large bodies in session, however, the nature of the Council is to meet each two weeks and basically start over. It was the consensus of the Council to proceed. Councilmember Hodges stated that she did not think it appropriate to change the provisions, which she felt would edge up to 3 years, and the result will be to have people serving 8 years; and she suggested that each appointment be a full term commencing with the date of appointment; that interviews would be held mid-year; that terns end on June 30, however, the Council often does not interview or appoint for several months. Mayor stated that the June date could be changed; that he was not afraid of a five year period, and 8 years was not being considered; that a person who wants to be reappointed must apply, and be voted on by the Council; that the staggered terms, and four year full terms provides a continuity on the commission. He stated that the April election date created a conflict with new members and tight scheduling to meet June, however, the November date may allow March interviews. Councilmember Kleindienst favored completing the process to enable an appointee to attend one or two meetings of the commission prior to being seated, in order to up-to-speed on issues before having to vote. ' It was moved by Reller-Spurgin, seconded by Kleindienst, and carried by the following vote, that an ordinance be prepared to change the short term appointment from 12 months to up to 24 months: AYES: Reller-Spurgin, Kleindienst & Maryanov NO: Hodges ABSENT: Lyons Council Minutes 7-6-94, Page 10 8. P.S. CLASSIC - CFDI Recommendation: That the Council receive various reports, boundary map, developer's petition, and approve Resolution of Intent to form a private developer sponsored Mello-Roos Community Facilities District, and intent to incur bonded indebtedness, and set July 20 as date (056) of public meeting, and September 7 as date of public hearings thereat, in order to fund public improvements for the proposed 360 acre P.S. Classic multi-use project on Gene Autry and , Vista Chino. This matter continued to July 20, 1994, at request of developer. 9. CP94-04 - BOYS & GIRLS CLUB CDBG Recommendation: That the Council rescind prior action, due to default by William Murray General Engineering Contractor; and award contract instead to second low bidder, James T. Dunphy Company, for$68,500,for renovation of restrooms at the Boys&Girls Club of Palm Springs, a Community Development Block Grant project, A3399. City Manager highlighted the memorandum of Director of Public Works, and noted that (085- Murray will not be considered a responsive bidder in the future. 001) Minute Order 5383 rescinding M05368, and awarding new contract as recommended, was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, Lyons absent, and Maryanov abstaining(due ilo client relationship with the Boys & Girls Club) that M05383 be adopted. 10. MUNICIPAL CODE AMENDMENT (Intro. 6-15-94) City Clerk read title of Ordinance 1477 to reconfigure Airport Commission, in response to the La Quinta request for regular status; after which, it was moved by Reller-Spurgin, seconded (103- by Hodges, and unanimously carried, Lyons absent, that further reading be waived, and 01477 001) ' be adopted. it. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirements; materials at meeting) None CONSENT AGENDA: 12. Res 18429 amending the budget to appropriate $304,133 from the Drainage Fund to cover the City's share of a major storm drain project on Ramon Road; and MO 5384 authorizing (061- payment thereof to the Riverside County Flood Control District,pursuant to Agreement 3371, 016) approved April 20, 1994; Storm Drain Line 34 is in Ramon Road, and extends from west of (088- Gene Autry Trail cast to the 'Whitewater River Channel, and is a joint project between the 004) District, and the cities of Palm Springs and Cathedral City, CP91--29, and under a District construction contract. 13. Res 18430 approving continuing appropriation from 1993-94 into 1994-95 fiscal year. (061- 016) 14. Res 18431 appropriating into reserves the unappropriated fund balances in designated City (061- operating and capital project funds for future operations or projects. 016) 15. Res 18432 establishing appropriations limit for the 1994-95 fiscal year, in accordance with (061- Article XIII of the California Constitution. 016) 16. MO 5393 approving subrecipient agreement with the C.V. African American Chamber of (085- ' Commerce for a summer tutorial program for youths of Desert Highland, for $9,000, 94-95 001) CDBG funds. 17. MO 5385 awarding contract to Aztec Fence Company for installation of chain link fencing (127- around the Treatment Plant percolation ponds, and at the Municipal Golf Course maintenance 001) yard, for $66,012, CP94-08, A3400. 18. MO 5386 approving 94-95 maintenance with Hewlett Packard for the city System 3000 series (117- 935 software support, sole source provider, for $15,932.52. 006) Council Minutes 7-6-94, Page 11 19. MO 5387 awarding purchase of a 4-wheel drive utility vehicle with capability of meeting FAA (084- guidelines for emergency response at the Airport no Fuller Ford, for $23,033.75. 011) 20. MO 5388 awarding purchase of tree trimming services from Chris' Tree Service, on a unit (136- price basis, for seed pod and frond removal, at an estimated cost of$18,144.50. 032) ' 21. MO 5389 approving agreement for issuance of an encroachment permit from the Flood Control (109- District to the City for construction of the Palm Canyon Drive Bike Trail, CP91-13, crossing 004) the Palm Canyon Wash at the Palm Canyon bridge, A3401. 22. MO 5390 approving a 3-year Airport Access Control System Maintenance agreement with (051- Mosler, Inc., for the Airport security system, at a fixed rate of$99,378 for the first year, and 015) $99,900 for the second and third years, plus emergency repair and telephone support costs, A3402. 23. MO 5391 approving agreement with Albert Grover & Associates, for $78,500, to prepare (130- Canyon documents for interconnection of traffic signals on Ramon Road, between Palm 001) Drive and Date Palm Drive; project is 100% grant funded through State Transportation Improvement Program funds, A3403. 24. MO 5392 awarding contract to Craig Kastl to provide Rangemaster services at a rate of$27 (113- per hour for the Police Department, it is auxiliary units and other persons required by law to 001) qualify on the range in order to carry a firearm, not to exceed $10,000 for 94-95, A3404. 25. Res t8434 making findings pursuant to Health & Safety Code 33421.1 concerning Haig (124- Atamivi printing facility at 5500 Rio Blanco (see above CRA Item D. 26. Res 18435 and 18436 approving Payroll Warrants & Claims & Demands. (086) 27. Motion concurring in CRA actions R899 - 939. (124) It was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, Lyons absent, that Resolutions 18429 through 18436 and Minute Orders 5385 through 5393, and motion in Item 27 be adopted. ADDED STARTERS: None REPORTS OR REQUESTS: 28. DEPARTMENTAL REPORTS - Received for Filing (121- 002) a) Treasurer's Monthly - April, 1994 (121- 002) b) Quarterly, 93-94, March 31, 1994 CITY COUNCIL reports or requests - None PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. JUDITH SUMICH City Clerk