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HomeMy WebLinkAbout1994 - MINUTES - 11/16/1994 CITY OF PALM SPRINGS CITY COUNCIL MINUTES NOVEMBER 16, 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, November 16, 1994, at 6:00 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ' ROLL CALL: Present: Councilmembers Hodges, Kleindienst, Lyons, Reller-Spurgin 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 Dr. John Blayney, P.S. Church of the Religious Science PRESENTATIONS: Plaques to Former Board/Commission Members; and PSHS Student Body Report REPORT OF POSTING OF AGENDA: Assistant City Clerk reported that the agenda was posted in accordance with Council procedures on November 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:INDUSTRIALDEVELOPMENTAUTHORITY:FINANCINGAUTHORITY- No Business COMMUNITY REDEVELOPMENT AGENCY: No Business APPROVAL OF MINUTES: It was moved by Kleindienst,seconded by Hodges,and unanimously carried that the minutes of October 19 & November 2, 1994, be approved. PUBLIC HEARINGS: ' 1. VARIANCE 6.394-KRAVET SETBACKS Consideration of appeal from Planning Commission decision to conditionally approve a variance to reduce front and side yard setbacks at 1265 Tachevah, R-I-C, See. 11, Gordon Kravet. Director of Planning & Building reviewed the staff report and added that the conditions of approval to require dedication of land; that should the City widen the street, an additional 14' will be needed; that covenants for undergrounding of utilities and street improvements is not unusual when a variance is granted and that the Planning Commission had a split vote concerning imposing the conditions. Councilmember Lyons questioned whether covenants are customary. Director of Planning & Building stated that three other properties on the street have the same 146 covenants in place; that the conditions are typical of variances that are granted. Councilmember Kleindienst stated that the setbacks are substandard, and questioned if the overall lot is substandard. Director of Planning&Zoning stated that the Commission did allowed a smaller setback; and that the Cotmnission further required the encroachments to safeguard the City in the future. Councilmember Kleindienst questioned the front setback. Director of Planning & Building stated that the front setback will be 22 1/2'; that the area is substandard; that when the roadway is examined, the City has all the right of way from Caballeros west; that the traffic counts may not indicate a need for the street to be a secondary street; that the future may indicate a need to reduce the designation to a collector street; that the action would necessitate a General Plan amendment; that if the dedication is not given, and the City does need to widen the 14', then the City would have to purchase the land necessary for the expansion. Council Minutes 11-16-94, Page 2 1. VARIANCE 6.394 - KRAVET SETBACKS (Cont'd) Councilmember Kleindienst questioned whether building permits were issued regarding the carport. Director of Planning &Building stated that the permits are not issued until approval is given by Council. Councilmember Kleindienst questioned if the project was flagged with a stop notice, and the amount of work that was continued. Director of Planning&Building stated that the carport is virtually completed; that it is not certain whether the project was actually given a stop notice; but that the applicant does need to subinit the plans for review. Mayor declared the hearing open. Mark Polatnick, 1263 Tachevah Drive, read a prepared statement, as on file in office of the City Clerk. Gordon Kravet, applicant, stated that something is not right; that someone is saying that a stop notice was posted on the project, but that one was never posted; that when he contacted the Building Department, he was told that "stop work"had been circled on the notice; that the minutes of the Planning Commission did not contain his full comments; that the minutes were edited by the Planning Director; that the Planning Department has told him that the only way ito be able to build the carport is to use the front yard as a turnaround driveway; that said the carport would have to be built on the east side of the building; that when the appeal was sought, the Planning Director reversed the decision,and the carport would be approved where originally proposed; that he has been told that he is required to dedicate land because the addition is more than 10% of the square foot of dwelling area; that his only choice up to this point is to appeal to the City Council; that the Director of Planning &Building constantly changeed his story; that the variance should not require covenants; that the roadway will never be widened; that the application process cost , over $1,000; that he has no more money to pursue the project; that if the Council does not approve the project, he,will be forced to tear the structure down; that a previous speaker indicated that he built a structure in his the backyard, but the structure is not a permanent structure; and that there is a 6' fence on the property line; and that the neighbor only sees 1' of the building. There being no further appearances, Mayor declared the hearing closed. Councilmember Hodges stated that she has a problem with the City taking people's property without just compensation; that a restriction could be placed on the property regarding (lie 14' dedication to be utilized if the City ever needs it; and questioned the City Attorney if there is any legal justification for the dedication. City Attorney stated that the City does have the right to request the dedication; that to remove the street from a secondary status, a General Plan amendment would be required; that a traffic circulation analysis would need to take place; that as each property is developed, the covenants are required; that each City has its own policy regarding street improvements; that some do improvements as properties are developed, others are street-wide; that the Planning Director has indicated the process to modify the General Plan; that the Council could choose at that time to Quit Claim the deed back to the property owner. Councilmember Hodges stated that the last General Plan update took 20 years to complete; that Government is not known to move quickly; that once a restriction is placed on a property it is never taken off; that she took a field trip to the property location,and there is a vacant lot located across the street, and she questioned why the street could not be widened on that side; that a letter ' signed by the Planning Director to the applicant states that the lot is not substandard; that the Council is being told it is substandard; and that the applicant has been battered by the City process. Councilmember Lyons stated that a portion of his property was dedicated for right-of-way; and such dedications are justified. Council Minutes 11-16-94, Page 3 1. VARIANCE 6.394 (Cont'd) Mayor questioned if the City has the right-of-way. Director of Planning & Zoning stated there is a right-of-way for the two-lane roadway, but for the secondary thoroughfare, the City will need the additional right of way; that when a property ' is developed in the front, a right of way when needed, is asked for; that the Council could direct staff to examine the General Plan regarding the street. Councilmember Reller-Spurgin questioned if other properties on Tachevalr have built carports in which such conditions were imposed. Director of Planning&Building stated none were built into the front setback requiring a variance; however, the records could be checked regarding any conditions imposed. Councilmember Kleindienst stated that there is a problem when people ignore the process regarding building permits, find themselves caught in the system, then turn to the City Council and request help; that this application entails illegal construction;that the setbacks are substandard; and that there is no substantiation for pre-approval. Resolution 18509 upholding Planning Commission was presented, after which; it was moved by Lyons, seconded by Reller-Spurgin, and carried by the following vote that R18509 be adopted. AYES: Lyons, Reller-Spurgin and Mayor Maryanov NOES: Hodges and Kleindienst. ABSENT: None 2. TPM 28003 - GAT TD, LTD Recommendation: That the Council approve a tentative parcel map to create four parcels at the SE corner of Gene Autry and Tachevah, subject to conditions, W-M-1-P, Sec 7. ' Director of Planning&Building reviewed the staff report, no further report was given. Mayor declared the hearing open. Thor Kineman, Equilink, stated that the conditions set by the Planning Commission will be (119- complied with, and thanked staff for the effort put forth. 001) Ernest Noia, 429 E. Tahquitz, stated that the parkway theme is a good idea; that a traffic light could be a suggestion for the project. Resolution 18510 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Kleindienst, and unanimously approved that R18510 be adopted. 3. ZTA MISCELLANEOUS Recommendation: That the Council approve various amendments to the Zoning Text, including revised standards for auto service stations, location for pawn brokers and check cashing, mini- marts in conjunction with service stations, and temporary RV parking in conjunction with convention center activities, and other miscellaneous amendments. Director of Phmning&Building reviewed the staff report and added that in the CM zone cocktail lounges and nightclubs provision would be that they be located no closer than 300 feet from a residence or church; that the M1 and M2 are different in the requirements due to the proximity (103- ' of any residences; that Land Use Permits are requested to be added clue to the Convention Center 039) periodically requesting approval to accommodate recreational vehicles in the vicinity of the Convention Center during certain functions;that the Planning Commission ruled on Section 22 last week, and held a public hearing regarding same; that the key issue was the location; that the recommendation for automobile service station sites is to have a two hundred foot frontage on major or secondary highways; that there is a minimum 500 ft distance between the stations; that the concern is that all corners of an intersection not be crowded with service stations; that a concern of the Commission is that current service stations not close the repair bays, and convert them into mini-marts;that the Planning Commission questioned if alcohol could be prohibited;and that the City Attorney stated that State law does not allow the prohibition. Council Minutes I1-16-94, Page 4 3. ZTA MISCELLANEOUS (Cont'd) Councilmember Lyons stated that the original requirement of 1800 square feet for a service station was too loge; and that 750 square feet is reasonable. Director of Planning & Building stated that the original intent was to circumvent substandard stations; and that input from the public hearing assisted the Planning Commission in its , decisions. Councilmember Kleindienst questioned if the M1 zone could include funeral homes in the proposed setbacks. Director of Planning & Building stated that the matter should be referred back to the Planning Commission; and that the matter of the 300 feet vs the 500 feet for certain uses could be referred back to the Planning Commission. Councilmember Lyons questioned the rationale for nightclubs being moved from a use permitted in a CM zone to a use permitted by a conditional use permit in a C11f zone. Director of Planning&Building stated that the CM zone usually has residential zones fairly close to proximity and that at the General Plan workshops the community did request the change. Mayor declared the hearing open. Craig Yamasaki, ARCO, stated that ARCO did approve of the; proposed ordinance with modifications; that Cathedral City did require the video cameras for surveillance in mini-marts; that the cost of the audio visual devices run $8 - 13,000 per device; that it could cause an economic hardship on some businesses; that the specific location of the South East corner of Gene Autry Trail and Ramon Road is of interest to ARCO; that there is a concert of the 500 foot distance between stations,and the close proximity of the Shell Station; that having stations located near each other does create a competitive edge for the consumer; and that the section dealing with location could be modified to allow consideration per project. ' Doug Keith, 2796 North Palm Canyon, stated that as an owner of a Shell Station for 25 years, it is time Palm Springs considers service stations with mini-marts; that customers like to stop at stations that are one-stop orientated; that the proposed ordinance should require restrooms; and questioned what constitutes square footage of building;that the video cameras are expensive; and that the Council should carefully consider making the cameras required due to the expense. Ernest Noia, representative for Agua Caliente Indian Allottees, stated) that the 500 foot restriction is too far; that the location of the site should be considered individually; that when an applicant is aggrieved with a decision of the City Council and the project is on Indian land, the matter can be appealed to the Tribal Council, and suggested that this item exclude Indian Land. Fred Burgess, stated that the past two years indicates a change in Palm Springs in that the City is business friendly; that the distance of 500 feet between service stations is good; and that the video cameras should be required. Darrell Meeks, stated that for informational purposes, Palm Desert does limit alcohol beverage purchases to certain hours, and that it can be made a part of the Ordinance. There being no further appearances, Mayor declared the hearing closed. Director of Planning& Building stated that the Tribal Council has not responded to this portion of the proposed ordinance; and that Section 22 relating to automobile service stations/mini-marts could be withdrawn to allow time for the Tribal Council to give input. ' Mayor stated when a use is allowable under a conditional use permit, one cannot just deny the application, unless a valid reason is involved. City Attorney stated that should the distance requirement be removed regarding service stations, it would be difficult to deny a service station based on proximity location. Councilmember Lyons suggested that the matter concerning video cameras, square footage of stations, and distance between the stations could be continued for further consideration. Council Minutes 11-16-94, Page 5 3. ZTA MISCELLANEOUS (Cont'd) Councilmember Kleindienst questioned the minimum building area for service stations being 750 square feet, and whether that included service bays. Director of Planning&Building stated that the 750 square feet does include service bays, but that ' the matter could be clarified through the Planning Commission. Councilmember Kleindienst stated that the Planning Commission needs to establish the policy it uses to determine square feet; and that the issue of adult entertainment and funeral homes in the CM or possibly other zones needs to be addressed in reference to proximity to residential. Councilmember Hodges stated that the Tribal Council should be allowed the opportunity to review the proposed ordinance; and questioned the ramifications of the allowance of uses in the C2, M1 and M3 zones; and requested clarification of what the zones stand for; that in the past decisions have been made, and the ramifications of those decisions were not felt until a later date; that the Urgency Ordinance related to Pawn Shops is an example; that a variety of businesses need to be located in any zone; that the location of the zones needs to be presented; that more information is needed for the Council to make a decision; and that specifically where bail bond and pawn shops are going to be permitted. Councilmember Reller-Spurgin stated that Mr. Keith expressed the major concern of the Council, in that the City needs to work with its people; that the current business owners need to be involved in this process and consulted; and that original buildings need to be fixed up, instead of just building more. Mayor Maryanov stated that the City needs to maintain standards. Councilmember Hodges stated that the standards do need to be maintained; that the City needs to work with the current business owners; that not every business owner can add $50,000 to their property; and that the Council needs to be aware of any hardship it may be imposing on the ' business owner. Councilmember Reller-Spurgin stated that ARCO would be a welcome addition to the City; and that the proposed location for the site is needed. Councilmember Hodges stated that the comments by Mr. Burgess relative to the business friendly staff and Council is a positive comment; that many projects have gone down valley that were proposed for Palm Springs, due to the difficulty of getting through the system; and that the change has been needed. Mayor Maryanov stated that the Planning Commission (lid fast track this matter at Council's request; that there is a concern about standards, but that immediate solutions can result in long range problems. It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried that the matter be continued to 12121/94. PUBLIC COMMENTS: a) Comments regarding item 6: Ron Cole, taxi cab owner, stated that although he served on the Task Force, he does not know what the recommendation means; that the bottom line is that the taxi cabs want to get out of the regulatory agency; that the business owners should not be dictated to on (143- ' how to run their businesses; that the Sunline Agency is getting$400,000 to regulate the 002 talus, and questioned the need of that much money, and expressed concern over the recotmnendation being made to the Council. b) Comments regarding matters not on the agenda: Ernest Noia, Senior Center, requested permission to use the Senior Center sign on a message rotational basis; that the message can be programmed to change every five seconds; that the Council could consider the rotational message sign as a test case; and that input could be made back to the Council; and requested Council accommodation. Council Minutes 11-16-94, Page 6 PUBLIC COMMENTS (Cont'd) Karen Aguilar, 1729 Mark Leslie, stated that the Palm Springs Youth Center would like to hang a banner to invite the community to the Youth Center on December 7, 1994 from 4 - 8 p.m., for a tree trimming fund raiser; and that invitation is extended to the Council to attend; and that the address is 3601 E. Mesquite. Fred Ebeling, no address given, stated that the suit filed on his behalf against the City ' is not over; and requested that future agendas address administrative remedy to possible Council actions. LEGISLATIVE ACTION: 4. PARK & PARKWAY MAINTENANCE SERVICES Recommendation: That the Council approve a five-year contract for park and parkway maintenance services with Landscape West, A----. City Manager stated due to a complaint filed with the Human Rights Commission that the matter be continued. Councilmember Lyons stated that the Desert Sun reflected that there was a hidden agenda regarding the parks privatization; that his election platform was privatization; that the Airport was investigated for privatization; and that there will be no sacred cows in government; that the concept of when you are hired by the City, you have a job for life prognosis is not a good concept; that each time the State experiences additional debt, it looks to the cities for money; that in the bargaining agreement signed by Mr. Reid the right to subcontract is given; that the City has 003)0 an obligation to cut cost of government; and that the recent pri.vitizations are not racially motivated. Mayor Maryanov stated that the Council has authorized studies to privatize Police, Golf Course Maintenance, consolidation of the Fire Department with Cathedral City; and has eliminated jobs; ' that it is difficult to lose people like Julie Baumer and Mary Martin; that the City Manager took a $10,000 cut in salary; that the type of charge in the Desert Sun is coming from it Union negotiator, and it is reprehensible. Councilmember Roller-Spurgin stated that the voters approved the Utility User Tax in June; that the Council has the responsibility to reduce the budget by$4 million in three years; and that costs must be reduced. Mayor Maryanov stated that the actions taken by this Council have been further validated by the last election; and that it is clear that the voters want restructing of government and costs cut without a reduction in service. It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried that the matter be continued to 12/7/94. 5. VILLAGEFEST - 94-95 BUSINESS PLAN Recommendation: That the Council amend the Comprehensive Fee Schedule to establish a$5 per event, per vendor additional charge for all vendor categories, for use of City electrical supply system and pedestrian light fixtures. Director of Downtown Development reviewed the staff report and added that there has not been an across the board increase in many years; and requested approval of the resolution. 114- ouI ) Councilmember Hodges questioned if the rate increase was to cover the cost of electricity; that ' the rates have been raised several times; that if the goal is to raise more revenue, then the rents should be reviewed; that when it costs a food vendor $50. per event, it takes alot of food sales to cover the cost of being there; and that raising fees on the event could adversely impact the event. Director of Downtown Development stated that the average has been 20 new vendors each week; and that discussions have been held with the vendors regarding the increase for electricity. Council Minutes 11-16-94, Page 7 5. VILLAGEFEST - 94-95 BUSINESS PLAN (Cont'd) Mayor Maryanov stated that the Villagefest event is going very well; that many compliments have been given to the Director of Downtown Development; that the Coimnittee of 25 has applauded the success of Villagefest; and that any improvements will only enhance the event. Resolution 18511 amending the fee schedule was present, after which; it was moved by Lyons, seconded by Kleindienst and carried by the following vote that R18511 lie adopted. AYES: Kleindienst, Lyons and Mayor Maryanov NOES: Hodges & Reller-Spurgin ABSENT: None 6. TAXI TASK FORCE FINDINGS Consideration of accepting and forwarding report to Sunline Transit Agency. Mayor Maryanov stated abstention due to client interest. City Manager stated that he does not understand Mr. Cole's comments as to why he is not aware of the recommendation, since Mr. Cole was a part of the task force; and reviewed the report. Councilmember Hodges staled that last time this was brought forward a request was made to include the cab drivers in any discussions; that the recommendation has not changed; that the matter is being revisited without any changes; and that the matter has been passed on to CVAG without the Council consent. City Manager stated that the representatives of the task force did meet; that dialogue did occur; that the matter has not been passed on to Sunline; that the matter was discussed with the Executive Director of Sunline; and that direction is needed from to Council to proceed. ' Councilmember Hodges stated that the matter should be tabled; that the matter should be pursued (1 43- in a different manner; that somehow resources are not being tapped into;and that the right people 002 are not being included in the meetings. Councilmember Kleindienst stated that the report is not a recommendation, rather questions to assist those who sit on the task force; that a report will be forthcoming to the Council regarding the last meeting with Sunline; and that a meeting will be held Friday to address the taxicab issues with Sunline. Councilmember Hodges stated that the report before the Council is not 100% accurate; that staff composed the questions, not the taxicab owners. City Manager stated that the small taxicab representative did approve the report. Councilmember Hodges stated the taxicab drivers did not approve the recommendation presently before the Council. City Manager stated that this matter is not a debate; that the report is in response to the meetings held, and questions raised from members of the staff. Councilmember Lyons stated that Councilmember Kleindienst will be able to education the Council regarding any recommendations from Sunline after its meeting; that the report from staff does raise questions that need to addressed; and questioned what action needs to be taken. ' City Manager stated that the report grew out of previous questions from the Council; that the document needs to be taken to Sunline; that part of the question is if the City wants to stay with Sunline Transit Agency or look at Palm Springs only. Councilmember Reller-Spurgin questioned if the Citizen at Large viewed the document; and that it is disturbing that Mr. Cole did not review the document. Councilmember Hodges stated at the first meeting of the task force, there was no background information available for the task force meetings; that (lie background information was supplied at the second meeting; that the third meeting of the task force was canceled, and rescheduled for the following day, preventing members time to reschedule their calendars. r Council Minutes 11-16-94, Page 8 6. TAXI TASK FORCE FINDINGS (Cont'd) Councilmember Kleindienst stated that the report being presented does set forth many points that are valid, and that need to be addressed; and that Mr. Cromwell, Sunline, does need assistance with fire issue. Councilmember Hodges stated that there is nothing that can be done with the present. document; ' that if the Council wants to make a recommendation, it will need to go point by point through the document; and recommended that the Council schedule the matter for study session for discussion to pull together a recommendation. Following discussion, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, Maryanov abstaining, that this matter be rescheduled for study session. 7. INCLUSION IN COUNTY RECYCLING MARKET DEVELOPMENT ZONE Recommendation: That the Council authorize submittal of application to the California Integrated Waste Management Board to redesignate the above zone to include Palm Springs. Director of Economic Development reviewed the staff report and added that it is an economic development tool to target businesses that recycle materials; that there are financing incentives available; that authorizing the submittal of the application will give the City a two-fold goal, to increase the effectiveness of recycling,and to target companies for economic development that use recycled goods; and that the County turn around time for approval is one month. He responded (123- to questions by Council that there would be no direct cost or staff used for redesignation of the 011) zone; and that the entire City is included in the zone; and that it world be difficult to designate certain portions of the City into the zone. Councilmember Reller-Spurgin stated that the Recycling Task Force recommended approval. Mayor Maryanov questioned the cost involved. Councilmember Kleindienst questioned if the entire City is in the zone. ' Resolution 18512 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried that R18512 be adopted. S. MUNICIPAL CODE AMENDMENT- PM10 Recommendation: That the Council amend the Municipal Code to include unimproved property and an exemption for Agua Caliente lands to establish minimum requirements for construction, demolition activities, and other specific land uses to comply with the State Implementation Plan for PM10 - fugitive dust and particle emissions. Director of Planning &Building stated that Indian land is exempt from the proposed Ordinance and that it is regulated like its own state. Councilmember Kleindienst questioned Section 2 of the proposed Ordinance relating to other (103- methods as deemed necessary by the Director of Planning and Building. 001) Director of Planning&Building stated that it is an undue restriction to require fencing; but there are times that there is no option. Assistant City Clerk read title of Ordinance as follows: AN ORDINANCE OF CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER ' 9.50 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO FUGITIVE DUST AND EROSION CONTROL. after which; it was moved by Hodges, seconded by Reller-Spurgin, and unanimously approved, that further reading be waived, and Ordinance be introduced for first reading. 9. WASTEWATER TREATMENT PLANT LOAN REPAYMENT Recommendation: That the Council authorize repayment of the$200,000 balance of a loan made (061- in November, 1988 for concrete barriers necessary for the 1988 Grand Prix event. 016) Council Minutes 11-16-94, Page 9 9. WASTEWATER TREATMENT PLANT LOAN REPAYMENT (Cont'd) Director of Finance&Treasurer reviewed the staff report. Councilmember Hodges questioned if the Council did approve the repayment of the loan for $250,000,and one payment towards the interest has been made for$75,000,was there any other ' interest owing; and questioned how much interest world have been earned if the money had been kept in the WWTP fund. Director of Finance&Treasurer stated that the interest rate for the loan started at 10%; but that there is very little documentation on the loan. Councilmember Lyons questioned why the Council would want to pay interest to an Enterprise Fund; and that the Council has an obligation to the General Fund. Councilmember Hodges stated that when money is borrowed from the Enterprise Fund, the City does have an obligation to repay the loan with interest. Mayor Maryanov stated that the Enterprise Fund is established for a specific purpose; that in 1988 the Council loaned funds that should not have been made; that the City has an obligation to repay the loan; that the interest rate should not be at 10%; that interest rates have been as low as 2- 1/2%; and that interest rates have averaged around 5%. Councilmember Kleindienst requested Director of Finance&Treasurer to compute the amount the WWTP would have earned if the money had remained in its account. Mayor Maryanov recommended approving the resolution as recommended; and added that the market is limited for resale of the barriers; and questioned if the road race is being charged for use of the barriers. Director of Finance &Treasurer stated that it is uncertain whether the road race was charged a ' user fee for the barriers. Councilmember Reller-Spurgin stated for one to purchase the barriers would be a huge cost. Councilmember Hodges requested that Finance compute the accrued interest owed; and calculate the earnings if the money was retained in the WWTP fund. Resolution 18513 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Kleindienst, and unanimously carried that R18513 be adopted. 10. BOND ISSUE RESERVE FUNDS Recommendation: That the Council authorize the Treasurer to enter into long-term investment agreements for the 1992 Airport Revenue and 1991 Certificates of Participation, G/C Expansion bond issue reserve funds ($1.207 million and $1,136,761, respectively). Director of Finance & Treasurer reviewed the staff report, no further report was given. Mayor stated that the Finance Task Force did approve the recommenclation; and questioned if the (051- matter was reviewed by the local banking conununity. 056 Director of Finance & Treasurer stated that MBIA, City Bond Counsel and Rod Gunn & (1 Associates 55- did review the matter; that various brokers had been consulted; but that individual 055- bankers had not been consulted; and responded to questions by Council that there is not specific ' 02) insurance on the issues; but that FSA does provide ongoing support on a daily basis to check the (155- rates of the issues; that the Trustees are divided,in that the Trustee bank holds the CD's or bonds; 003 that no one person can move the monies; and that the funds are tied up. Minute Orders 5468 and 5469 as recommended were presented; after which, it was moved by Kleindienst, seconded by Reller-Spurgin, and unanimously carried that 1405468 and M05469 be adopted. Council Minutes 11-16-94, Page 10 Al. PLAN CHECK SERVICES Recommendation: That the Council approve an agreement with Pacesetter Building Services, Inc., for plan check services to decrease turnaround time on designated smaller projects, not to exceed $30,000 per year, A3452. Building Official reviewed the staff report and added that Mr. Smith from Pacesetter was available ' for any questions. Councilmember Hodges questioned if this contract would replace the contract with the San Diego firm. Building Official stated that both firms would be used. Councilmember Kleindienst recormnended approval for a one year term; and questioned various turn around times for plan check; that it may be difficult to complete a 200 unit apartment (112- complex in the given 5 day time frame; that the contract stated a 5 day turnaround for 1 and 2 004) story residential; that a single family residence of 5,000 square foot may take longer than the proposed time frame; that high occupancy units are under residential; questioned if a developer could choose this firm or the current firm of Esgill and if a structural engineer would be used to review calculations. Building Official stated that if one requested a firm, that firm would be used; that there could be circumstances where more time is needed; that there is a clause in the contract for exceptions to the time frame; that the contract allows for one plan check and one recheck in the fee; that after that an hourly fee would be used; that the fee is based on a percentage of the plan check fee collected by the City; and that plans could be reviewed by a structural engineer. Mr. Smith, Pacesetter, stated that there may be circumstances that the structural engineer will need to view the site, or review plans; that the company does have a staff of 40; that the company currently does plan check for other Cities and Counties, i.e. Las Vegas, Los Angeles, Riverside; and that there are civil engineers on staff and certified ICBO's. , Minute Order 5470 approving agreement for a one year term, with two one-year option was presented; after which, it was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried that M05470 be adopted. 12. ORDINANCES FOR SECOND READING & ADOPTION (Intro. 11-2-94) Assistant City Clerk read title of Ord 1485 regarding room lax record keeping amendments, and ( 064- title of Ord 1486 re business license tax amendments; after which, it was moved by Kleindienst, 003) seconded by Reller-Spurgin, and unanimously carried, that further reading be waived, and that (140- 01485 and 01486 be adopted. 002) 13. ANNUAL SLURRY SEAL Recommendation: That the Council award contract to American Asphalt Repair & Resurfacing Co., Inc., for$549,011.36 for annual slurry seal application on various streets, CP94-11, A3453. Item continued from November 2, 1994. (136- Director of Public Works reviewed the staff report and added that Gas Tax and Measure A funded 041 projects are not exempt from the prevailing wage requirements. Minute Order 5471 as recommended was presented; after which, it was moved by Relller-Spurgin, seconded by Lyons, and unanimously carried, that M05471 be adapted. 14. PALM TREE TRIMMING ' Recommendation: That the Council approve contract change order No. 2 to Purchase Order 407137 for an increase of$19,707 to contract with Chris Tree Service for additional palm tree trimming. Item continued from November 2, 1994. Director of Public Works reviewed the staff report and added that the prevailing rates for this (136- calegor'y of work is comparable to the non-prevailing wages for this area; that the big cost factor 032 in the bid is for insurance; that the proposal will include the balance of the downtown area, parks and parkways. Council Minutes 11-16-94, Page 11 14. PALM TREE TRIMMING (Cont'd) Councilmember Reller-Spurgin questioned with regard to the landscape contract, would this change order include a duplication of trees. Director of Public Works stated that if the contractor for the parks maintenance was in place, they ' could do the work; that the parkways are not in the contract; and that if there are trees that the landscaping contractor could be doing, these trees will be deleted from the overall landscaping contract for this year. Councilmember Lyons stated that the matter could be delayed a few weeks to allow the landscape contractor time. Director of Public Works stated that it will 60 - 90 days before the contractor takes over. Councilmember Hodges questioned where the[Honey will be allocated from; and if the matter was before the Council in anticipation of the privatization. Director of Public Works stated that if the parks maintenance was not contracted out, staff would have to ask for a budget amendment for the trimmings. Councilmember Reller-Spurgin stated that the landscape contract is for Mode 1; that the matter should be held; and that it is possible the City could save money; and recommended waiting on the matter. Director of Public Works stated there will not be a savings; that the only saving will be in the Parks; and that the matter could be approved excluding the parks. Councilmember Hodges stated that when one privitizes it is to save money, not to have additional money to spend; that the whole picture is not being looked at; and that the issue is not to have nice looking tress, but to save money. ' City Manager stated that the matter was brought forward at Council request, and recommended continuing the matter to December 7, 1994. Councilmember Lyons stated that the Utility User Tax was approved to increase the level of maintenance of the parks. Councilmember Hodges stated that the approval was to maintain the parks, not to increase the level of service, Mayor stated that the recent election indicated that the voters want less government and increased services at a lessor cost. Councilmember Kleindienst stated that the Council needs to indicate the policy of how the palm trees should be trimmed and direct staff as to the look that is wanted. It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that this matter be continued to December 7, 1994. 15. ADDITIONAL LEGISLATIVE ITEMS: None CONSENT AGENDA: Concerning Item 21, Director of Aviation stated this is a major step forward for the City. ' 16. MO 5472 rescinding M04807,which approved an agreement with the County to subcontract State (050- Health Code regulation enforcement at Villagefest. (Agreement never concluded) A 30 12 018) 17. Res 185 t4 and 18515 approving Payroll Warrants and Claims&Demands. Reller-Spurgin abstain (086- #892315. 015) 18. Res 18516 approving final Parcel Map 28003 (see Item 2 above). (119- 001) 19. MO 5473 approving agreement with the National Association of Senior Citizen Softball to bring (050- the 1995 world series event to Palm Springs, A3454. l Council Minutes 11-16-94, Page 12 CONSENT AGENDA (Cont'd) 20. Res --_ consenting to conveyance of the Time Warner Cable franchise to a joint venture partnership insofar as may be necessary or advisable tinder the agreement //2535 (Time Warner Cable continues to bold the franchise and remain obligated to perform all terms and conditions thereof). 21. Res 18517 accepting Instrument Release from the FAA concerning the City Hall and Sewer Plant (07 2- , properties, which resolves two of the three open issues related to the Dept. of Transportation 003) Audit. It was moved by Reller-Spurgin, seconded by Kleindienst, that Minute Orders 5472 through 5473 and Resolutions 18514 through 18517 be adopted, Roller-Spurgin abstaining on Warrant No. 892315. It was moved by Kleindienst, seconded by Reller-Spurgin, and unanimously carried that Item 20 be continued to December 7, 1994. ADDED STARTERS: None REPORTS & REQUESTS: 22. DEPARTMENT REPORTS - Received & Ordered Filed a) Treasurer's Monthly Investment Summary, July 1994 (121- 002) CITY COUNCIL reports or requests: a) Board/Commission Appointments: If desired, provide direction concerning remaining vacancies. Recruit for Airport, Human Rights, and Rent Control with interviews in January, 1995. ' Motion was presented; after which, it was moved by Maryanov, seconded by Reller- (060- Spurgin,and unanimously carried to ratify the appointment e FNancy Blee as Commission 016) Pro Tern for Rent Review Commission hearing re 621 Riverside Drive. b) Councilmember Lyons reported attendance at the Human Resources Committee of CVAG, which approved SCAG Chapter 7 proposal; that .discussion included a youth building program in Riverside County; that the program entails teaching ]High School drop outs trade skills in the building industry; that success has been met in larger areas; and requested that the policy be reviewed regarding public cmmnents at the end of Council meetings. c) Councilmember Roller-Spurgin asked that the impact of Measure KK to be discussed to reassure the stability of rent control for Mobile home owners; and the impact that incoming revenues will have on rent control staff be discussed. d) Councilmember Hodges requested that campaign reform and the timing of removal of campaign signs needs to be discussed at a future date. e) Councilmember Kleindienst stated that recently he accompanied the City Manager to Philadelphia and Washington D.C.; that the Healthy Cities project in Palm Springs is advanced; that acknowledgement should be given to Ben and Kelly Green for the accomplishment; that the offices of AMTRAK were visited; that the City Manager did a remarkable job in lobbying the Officials; that the final results were that AMTRAK , would assist the City with the Train Station in anyway possible; that a meeting was held with Mr. Lucas, the City's lobbist; and that the trip was successful; that he,will be meeting further with Sunline to discuss the taxicab issues; that a meeting was held with AYSO and those findings will be forthcoming to the Council; that Engineering needs to monitor the corner of'Vista Chino and Avenida Caballeros; that there is no lefthand turn lane; that the lanes do need to be defined; that the Council is invited to officially participate in the upcoming Festival of Lights parade; and questioned who within the City will be handling Operation Santa Claus. Council Minutes 11-16-94, Page 13 COUNCIL REPORT OR REQUESTS (Cont'd) t) Mayor Maryanov complimented Councilmember Hodges on her job with CVAG; and stated that an orientation was held with the CVB; that there is a close working relationship between the agency and the City's Tourism Department; that Tourism is handling most of the advertising; that a meeting had been held with the Palm Springs ' Unified School District; that the meeting was positive; that there is peace on the campus; that past problems are being worked on; and that there is a vacant lot located on Indian near the entrance of downtown that needs to be cleaned up. PUBLIC reports or requests a) Fred Ebeling, stated that the category of Enterprise Funds needs to be clarified in the budget; that it is difficult to tell whether there is a net gain or loss; that in his opinion, each time the City gets into business it loses money; and that there should be accountability for the Enterprise Funds. b) Darrell Meeks, stated that the more vendors that come to Villagefest the better business is for all; that in the past vendors were told that only so many outlets could be plugged into; that there has been an increase of 16-2/3% regarding rates for participation in Villagefest; that the current vendors will probably pay the increase, but that it will prevent any new vendors from participating; and that the increase should be per vendor, not per space. STAFF reports or requests-None ADJOURNMENT There being no finther business, Mayor declared the meeting adjourned to Wednesday, November 23, 1994, 7 p.m., Large Conference Room, City Hall. JUDITH SUMICH City Clerk By: PATRICIA A. SANDERS Assistant City Clerk 1