HomeMy WebLinkAbout1995 - MINUTES - 7/19/1995 n1/' �� e
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JULY 19, 1995
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,
July 19, 1995, 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, and an invocation by Rev. Jeff Rollins, First
Baptist Church.
REPORT OF POSTING OF AGENDA: City Clerk reported that the: agenda was posted in
accordance with Council procedures on July 14, 1995
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) See items on Page 7 of agenda this date.
HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT
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.
PUBLIC HEARINGS:
1. CUP 5.0697 - MISSION OF THE GOOD SHEPHERD '
Consideration of conditional use permit to operate a food kitchen at 550 Industrial Place.
Acting Director of Planning & Building detailed his supplemental report, noting that the �078
noting that motions by the Commission to grant a temporary permit, in which a new 050)
location might be sought, failed by tie-votes; that the Commission did not feel the use was
in the proper location; that in one instance the motion was for a six month time period,
and in the other instance, it was for nine months. In response to question by Council, Ire
stated that as the kitchen is being operated, it does not meet requirements drat similar food
establishments would be required to provide, but the conditions of the use permit would
have addressed that; that the establishment was previously connected with a church on
Vella Road, and wished to disassociated with a denomination, and relocated to the subject
site; and that business owners continued to report problems in the area.
Mayor declared the hearing open.
Ed Dietrich, Human Right Commission Chairman, suggested the Council approve the
permit for 3 months, during which time the matter be referred to the Commission for
mediation, and if cannot be resolved, the group could still look for another site.
Wayne McKinney, retired pediatrician and volunteer cook at the center, stated that the
service is only provided two hours per day, three times per week; and any "lousy"
business is still "lousy" if it is affected by that little amount of time.
Frank Purcell, resident, property owner in the area, stated that the issue is whether the '
use, and the situation it causes, are permitted and acceptable uses for the location; that
these businesses are survivors of the recession, and do not need added problems that are
not appropriate for the area; that they need help in surviving during this hard time; that
he sent a letter to the Council; that there have been negative affects which may or may
not be from the people being served, but they have intensified; that it is not a moral or
God issue, rather the appropriate land use; and he did not feel it was an appropriate use,
and urged that it be moved.
Council Minutes
7-19-95, Page 2
1. CUP 5.0697 - MISSION OF THE GOOD SHEPHERD
Bill Drury, resident, stated that the area was looked at in the General Plan update, and
businesses promises to clean up the area; that business owners have not done that; that
he has observed people washing cloths and bathing in the Taliquitz Creek; that children
' use the area to go to and from the nearby school; that neither guests, nor residents should
be exposed to such behavior; that the area should not be downgraded; and that the food
kitchen is not a proper use for the area.
Carol Proctor, President of the Board of the Good Shepard, as well as pastor and nurse,
stated that they are requesting a use permit, and if the conditions are not met, they will
not be there; that there is no zoning for a mission; that they should not be held
responsible for everything that happens in the wash; that complaints focused on: feces,
vomit, panhandling, and safety concerns; that those factors may have related to animals,
patrons of the nearby bar, fear is not as prevalent as some people allude, and they should
not be held responsible for all activity which occurs in a 24-hour period; that the incidents
have never escalated; that the facility is an asset to the City; that the City was aware of
their location for two years, and she showed pictures and newspaper articles; that calls
for police have been during the hours when the bar is open; and that there is no foot
traffic in the area, no hotels, and no residences.
David Barter, business owner across the street from the food kitchen, showed photographs
of an alleged incident on June 21 and 30, and asked that the CUP be denied at that
location; that the security person does not stop confrontations; that someone should not
be struck before asking a person to leave. He described an incident lie observed, and
added lie worries whether there is enough insurance to cover damages; that the use should
be given 12 weeks to relocate, which he felt was sufficient, since it took them six weeks
to move in.
' Ray Cruse stated that the above incident did not escalate, and the person was on drugs,
and they have tried to get help for the person; that only the landlord has been inside the
building; that they have not been asked about their insurance coverage; that if the property (07 g_
is not the right zoned location, the City should help find a zone that is acceptable, e.g., 050)
the former Desert Sun building.
Ron Bianci, owner of building across the street, stated that he appreciated what they were
trying to do; that tenants of his have been complaining, and although there has been
patrol, everyone cannot be controlled; that he would like to see them move to where there
would be no problems; and that elderly persons also come to the auto shop and print
shop, and they are afraid of the environment attracted to the food kitchen.
Cecil Bullard, auto repair business owner on Industrial Place, stated his concerns relate
to incidents over the past 14 months, and the effect on businesses; that the issue is not an
ethical or morale one, rather, a question of whether the citizens and community are being
served by allowing lire use to be at that site; that attempts to be successful have failed;
that attempts to stop defecation, fighting, bathing in the creek area, etc., have not been
controlled, and there is no respect for others; that he agreed the right location should be
found.
Darrell Meeks suggested that the decision is not difficult, and it is a licensed, legal
businesses versus one that is not, and it is not the Council's job to find a location for
them.
' Dan Yoshimira stated lie is a volunteering security person at die food kitchen, and only
one member of the Council and Planning Commission has seen the operation; that there
is a small minority of businesses opposed; that one business owner offered his parking lot
for use by volunteers, and yet lie has been pressured about offering such help; that lie
questioned whether the negative comments are valid; that one incident referred to
occurred two hours before the kitchen was open, and they are required to have security
for one hour prior to opening; that he agreed there was a problem of people bathing in
the wash; that their hours of operation are at times when children should be in school; and
he asked that the matter be tabled until all Councilnembers and the Planning Commission
look at the site.
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Council Minutes
7-19-95, Page 3
1. CUP 5.0697 - MISSION OF THE GOOD SHEPHERD
Mr. Bullard, owner of business next door, stated there have been a lot of problems; that
there has been security patrolling the area, and there are less problems, but they still have
problems, and he felt there would always be problems; that his own clients have
complained to him about their discomfort with coming to his local ion, while people "]hang '
around"; that the hot weather keeps some people away from the kitchen; that lie has been
in business since 1967, paid taxes, and is a legal business; and that the kitchen is not
operating legally.
There were no further appearances, and the hearing was closed.
Councilmember Kleindienst stated that he visited the site two times; that he did not (078-
believe it is the role of the Council to verify what happens inside the establishment; that 050)
his concern is what happens outside of it; that he did not question the purpose of the
operation, rather how it interfaces with the subject at hand; and that he considers it to be
a zoning issue, and his review is from that viewpoint.
City Manager stated that lie initially asked the business to close, and then felt that,it could
stay open if it commenced the use permit process, and if approval was not obtained, the
time would be about two months in which it would operate under temporary approval.
Councilmember Lyons stated he found the use incompatible; that from a restaurant owner
standpoint, the requirements typically are stringent, and some are not being met; and even
if the facility relocates, those requirements should still be met.
Councilmember Reller-Spurgin stated that children are not in school during the summer;
that there are good and bad people in all walks of life; that based on her work at the
senior center, she stated that feeding people three limes per week is not enough, and
would like to see the operation expand its service, wherever its final location; that the ,
neighbors, landlords views are also important; that she viewed the site from the sheet on
several occasions, and thought about going into the kitchen, but was uncomfortable by the
environment; and that it is a zoning issue.
Councilmember Hodges agreed with what had been stated that it is a zoning issue, and
she did not feel it is a compatible use with the businesses in the area; that the service is
needed in the community, and the City needs to see that there is somewhere to locate such
a facility; that she believed the Commission is looking at that aspect of it, and it should
be followed through; that site had a problem with an establishment operating for several
years, and never coming forward to see what the legal requirements are for doing
business; that some assistance should be offered to help find a location, but it is not up
to the City to relocate them.
Mayor stated that their purpose is a good one, and one that is necessary; that the issue is
rather zoning and location, and it is obviously not appropriate in this area. He ,asked the
City Manager to give assistance, if possible; and for the Human Rights Commission to
assist them, although lie did not feel mediation would be appropriate.
Resolution 18662 denying the conditional use permit; providing; a 90-day time in which
to cease and desist.
2. ZTA - SIGN ORDINANCE REVISIONS
On July 5, 1995, the Council continued recommendation that the Council approve ,
amendments to the Zoning Ordinance, concerning new regulations of signs along I-10,
the Downtown/Uptown areas; controlling hotel rate signs; election and political signs; and
for removal of signs in public rights-of-way; and revised regulations for attraction boards
and real estate signs, along with other miscellaneous amendments.
Planner Patenaude reviewed two alternatives related to real estate signs which are (103-
038)
perpendicular to the street, and to colors thereof.
Mayor declared the hearing opened.
IS
Council Minutes
7-19-95, Page 4
2. ZTA - SIGN ORDINANCE REVISIONS
Chuck Hubbard stated that there needs to be stronger Chamber of Connnerce support, and
businesses need help; that he challenged there is a lack of help from the Council; that
there needs to be an immediate relaxation of the sign ordinance, and neon, mannequins,
etc., should be allowed as long as it does not hinder people; that the ordinance should be
self-regulated, and tried for six months; that it is a waste of code enforcement time to
enforce the sign ordinance; and that the Council lacks leadership.
Rick Service, Las Casuelas Terraza, thanked the staff for really trying to get public input,
and to bring comprehensive review to the sign ordinance; that there have been a lot of
meeting, and a lot people have attended, and it has not been a waste of time to enforce
the ordinance; that the sign ordinance is vital to the community, and one of its greatest
assets; that it is unique, and has been exported to other cities in the country, many of
which made it even more restrictive; that a sign's purpose is not to be the only source of
marketing, rather location and identification; that the ordinance's most important purpose
is that it serves to provide a level playing field, and lack of enforcement cheapens all area,
and allows advertising through illegal activity to try to enhance a business at the expense
of those who obey the law; that he pleaded not to pass any ordinance, if it is not the intent
to enforce it; that there are only two legal off-site signs, one is for shade structures
associates with bus shelters, which is for public convenience, and the other is for realtors;
that the realtors made a very persuasive argument a number of years ago that they had
a unique problem, and need for offsite signs; and that he was concerned about opening
up the issue of real estate signs.
Chris Mills,representing the Planning Commission,explained the Commission's logic and
reasoning for its recommendation concerning real estate signs, stating that it recommended
color to be allowed to appear within the 3 sq. ft. sign of the area, i.e., logos which may (103-
create exposure or identification, but otherwise the signs would remain ivory/brown, with 038)
an added 50% sign area, be a single-face sign, and parallel to the curb. He stated that
real estate is not purchased on impulse, and the Commission feels that a buyer looks at
property. i.e., residential property, and sees a sign, which leads to contact; that the signs
are not hidden, and have worked fine for years; and that the Commission is concerned
that if perpendicular signs, double-faced, with color, are allowed, it will create a
conunercial atmosphere in residential areas.
Myra Goldwater stated that it is easy to tear down something, but hard to build it up; that
she was proud of the realtors, because they stand for what is good for America and a
community, and not just their own needs.
Jack Geylan, realtor, stated Eadie Adams Realty joined Coldwell Banker for name
recognition, that their company color and logo are in blue, and it was required to be part
of the building, yet the City approved a gold color for their building, and red for I-HOP,
which he considered inconsistent; that he felt the signs should be subdued, not bigger, nor
perpendicular, and the color restriction should be relaxed, and neon or flashy signs should
not be permitted.
Richard Squibb (?), stated he was a color psychologist, and that color should be selected
with care and discretion.
Mayor closed the hearing with respect to real estate signs.
Motion was made to continue the hearing on the remainder of the changes to September
' 6, 1995.
Councilmember Lyons stated he did not have a problem allowing color on real estate
signs, which did not have to be limited to corporate colors, as long as such colors were
not reflective, glowing, neon, metallic, or day-glow; and that he did not favor the
perpendicular.
Councilmember Kleindienst favored retaining the parallel signs, the tau/brown colors,but
allowing a 4-color logo within the square footage of the sign, and agreed that the
reflective colors should be excluded, and choice limited to primary and secondary colors.
�I
Council Minutes
7-19-95, Page 5
2. ZTA - SIGN ORDINANCE REVISIONS
Planner Patenaude noted that white is considered a color.
Councilmember Reller-Spurgin stated that she did not have a problem in allowing logo
colors on the sign, nor with retaining the parallel signs, and felt that people do not warn '
the signs subdued to where they cannot be seen on the property.
Mayor stated that he did not think that the property sells and fatter because of color on
a sign.
Councilmember Hodges stated that she supports the ability to use colors on signs, and
agreed that glowing, neon colors should not be allowed; that she did not think such colors
would be necessary, nor did site think realtors would use them; that she did not oppose
retaining the parallel signs; that color should be permitted on the entire sign, and not
limited to a specific area; that realtors are professionals, and will. use good judgement in
doing what is best for their business, and she was confident in their ability to do so in a
good, professional manner.
It was moved by Lyons, seconded by Reller-Spurgin, and carried by the following vote,
that ordinance be prepared consistent with Form A distributed with agenda materials,
provided that it include: an allowable sign area of 3 sq ft; parallel signs, up to 4 colors
of choice, excluding colors which are metallic, day-glow, fluorescent, neon, or reflective:
AYES: Hodges, Lyons & Reller-Spurgin
NOES: Kleindienst & Maryanov
ABSENT: None
3. PARKWAYS MAINTENANCE DISTRICT NO. 8 - PUBLIC MEETING
This is time and place advertised for "public meeting" concerning increased assessments '
for PMD No. 8 - Vintage Palms. Public Hearing is scheduled for August 2, 1995.
Grants &Assessment District Administrator repotted that this district leas been established (138-
for some time; that the levy is proposed to increase; that there have been two informal 003)
meetings with the property owners; that parkway maintenance is currently out to bid, and
it is optimistic that the results will reflect lower than anticipated assessments.
Mayor inquired if anyone wished to be heard; there were no appearances.
No action required.
INTERAGENCY REPORTS: - None
PUBLIC COMMENTS:
a) Comments concerning Item 6:
Fred Ebeling, member of RAGE, stated that the group has collected data
concerning gaming, and has offered it the public.
Pauline Smith expressed concern that Palm Springs would be devastated if (083_
gaming is allowed; and opinion that if people are informed, they will oppose it. 014) '
Frank Coffey stated that gaming only moves money from one business to another;
and statistics have been provided by others.
Carol Ann Lewis stated she opposed gaming, that it is not glamorous, moral, or
healthy; that gaming is addictive, and if it is wrong for youths, it is wrong for
adults.
ir, n
Council Minutes
7-19-95, Page 6
a) Comments concerning Item 6 Continued:
John Wyser urged that Council not adopt the ordinance, but place it on the ballot.
He read quotes from others on casinos, per se and affect on local businesses; and
that few should not be enriched at the impoverishment of many.
' Jeremy Crocker stated that gaming has dropped off in some place where it was
adopted, and businesses have been sold; that he felt the proposed tax would be
decreased, because of the tax-free Indian casinos; and that he asked if crime will
be monitored, and that existing casinos have had police-related calls.
Tom Suitt stated that there has been no problem with the casino in the Hyatt
Hotel; that gaming is already in Palm Springs; that the initiative includes a
monopoly, i.e., on a mis-managed shopping center, and on two sites which are
not built, and which may never be built; that the ordinance requires 4/5 vote of
the Council to make any changes; that casino gaming is not legal on non-Indian
land; that there may be a state-wide ballot issue to make it so, and to give a
monopoly to two people at this stage is very premature, and poor judgement of
the voters, and in tying the hands of the Council. He urged it be put on the
ballot.
Darrell Meeks favored placing the measure on the ballot. He also opposed
expansion of the Airport, increased sewer fees, and favored Item 8, as well as
continued pressure on SCE, and to move ahead with the study, if the Council can
afford it.
Tom Pettit, Gaming Coalition, stated that initiative should be placed on the
ballot, and there should be good dialogue about it; that it will provide a
controlled, limited, tasteful addition to the City tourist attractions, and is not a
new direction; that in the current form, it will keep faith with the signers and
backers of the petition, and that only the location is defined, not who operates a
facility.
Chuck Hubbard spoke concerning the Fire Department, and questioned why there
was no request for a retraction, or clarification, concerning the newspaper article,
if the article was in fact incorrect; that the City's plans for gaining expansion
should be disclosed, and both it and the Airport should be on ballot, and the
council could still rescind the Airport action, and save the taxpayers money and
the fire merger should also have a vote.
c) Comments concerning Item 8:
Bob Stranger, SCE, stated that the expenditure of V50,000 is not advised, in that
the PUC is looking to complete deregulation of the industry, and it is well
underway; that the pool approach has been explained, and it gives people the (147-
individual choice of provider; that condemnation proceedings are costly, and will 004)
negate any savings that would accrue from an alternative power supplier, and
compensation would be due Edison, and die council should wait at least 90 days
for those proceeding to be completed, which could be as early as next week.
Bill Byrne, resident, stated he did not feel the City has all of the answers on this
topic; that Edison has performed well in emergency, and that if the City
proceeds, it include a cap on the amount it retains, and the savings be passedd
' on to the community.
Dan Cohen urged that the Council move forward with the action; that Edison has
stated that it would lower rates for many years, rather it increases rates; and he
felt the continued effort by the City will cause Edison not to drag on its promises.
d) Comments concerning Item 17:
Ben Green spoke concerning Healthy Cities projects for the coming year. (065-
003)
Council Minutes
7-19-95, Page 7
e) Comments concerting Item 21:
Gan Carter commended the developer, and ARCO representatives for working
with property owners, and she felt, as finalized, it will be a wonderful project. (116-
She expressed concern for wildlife currently in the desert area which will be 094)
graded, and asked if Animal Control could assist in removing the animals, rather '
than having them destroyed.
f) Comments on matters not related to an agenda item:
Ron Cole, R-C Express Cab, commented concerning; local regulation of the
taxicab business, and potential revenue to the City.
Lissa Hubbard commented on impassioned debate by citizens, and maternal
instructions on being respectful are not needed. She asked the Council to expand
the public comments from three to five minutes; to create a forum f'or debate
between officeholders and the public, to allow dialogue, without imposing dress
or decorum requirements.
John Booth, commented regardinig fire consolidation, commending the quality
of trained firefighters in Palm Springs, and that the Council should look at what
it has, and see if it can implement changes; that he did not feel ally further
discussion was needed with Cathedral City.
LEGISLATIVE ACTION:
4. PD 185 - DESERT HOSPITAL DISTRICT HELIPAD REVIEW
Recommendation: That the Council review the Desert hospital helipad landing
information, and advise staff whether further review or action is desired.
Councilmember Kleindienst abstained due to the proximity of the hospital to his residence. (116-
049)
Planner Patenaude reviewed the results of the report on helicopter landings over Are past
few years, noting that the number of landings remained about the same- whether rooftop,
or on-street as previously permitted; that of those reported as landing on Are roof, only
5% are unspecified as to the true nature of the medical condition; that the conditions of
approval called for a review of Are information, but did not indlicate what would happen
after that, i.e., no further reporting is required, or some other timeframe of review.
Councilmember Hodges stated that at the time the helipad was discussed, there were
complaints from neighbors concerning noise; that it was her inhipression there would be
eight or so landings per month, but the report suggested three times as many; that she
questioned if all of the landings were life-threatening, and how many landings occur at
the Airport, with transport then to the hospital.
Planner Patenaude stated that the report indicates that 95% of the landings were life-
threatening situations, and 5% are unspecified. Director of Aviation stated that there are
occasional landings at the Airport.
Councilmember Hodges stated that the helicopters are noisy, and heard throughout the
area; that a route should be imposed which is the least intrusive, and which must be
taken; that there are not that many helicopter transport companies, and they should know
what those routes are; and she felt the activity should be monitored, and questioned if it '
would be time consuming for the hospital to do so, annually.
Councilmember Reller-Spurgin stated that the hospital is a traurna center for the Valley;
that it is sad there are three times as many emergency situations than were expected; that
when she lived in the area, and heard the noise, she hoped it was not her own family, and
was happy to have a life-saving facility; that there is a "golden hour" after trauma in
which the chance for survival is the greatest; that sirens and helicopter noises near a
hospital is expected; and that she did not see any need to further monitor the matter.
41 "D rw
Council Minutes
7-19-95, Page 8
4. PD 185 - DESERT HOSPITAL DISTRICT HELIPAD REVIEW
Planner Patenaude reported receipt of three letters of concern about the noise.
Mayor agreed with Councilmember Reller-Spurgin, and stated that perhaps a sensitivity
to the activity and if there are a lot of complaints that might necessitate a re-review of the
subject, it could be brought forward again.
Mike Fontana, Desert Hospital Administrator, stated that at the time of the helipad
consideration, there was a concern that it might be used for something other than
emergency use; that the condition for a review was imposed, in order to assure such did
not happen; that a log was been maintained from 1991-95 to demonstrate the use of the
pad, and he felt it was clear the uses are emergencies for urgent care; that the log will
continue, but he did not see the need to come back annually, unless it is felt the helipad
is being used for something else.
It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, to monitor
the helicopter activity by exception, and not to require formal reporting:
AYES: Lyons, Reller-Spurgin & Maryanov
NO: Hodges
ABSENT: None
ABSTAIN: Kleindienst
5. CLASSIFICATION & COMPENSATION PLAN STUDY
Recommendation: That the Council rescind contract with Personnel Concepts (A3540),
and approve a new agreement with Ralph Andersen & Associates, for $63,480, for the
classification & compensation study, pursuant to Memoranda of Understanding with
' employee units; and amending the budget to appropriate necessary additional funds.
City Manager reported that a staff committee, including the Assistant City Manager,
reviewed the other proposals, and recommends that the contract be approved with Ralph
Andersen & Associates.
In response to questions by Council, Director of Administrative Set-vices stated that (110-
although the difference between the new provider and the previous consultant is $19,000, 006)
the added budget amendment is to cover additional trips by the consultant, estimated at (061-
$2,400, should such trips be necessary; that the contract provides for five trips, and it was 017)
felt that 2-3 added trips might be necessary; and that any trips above the number in the
contract, will be based on the City's request, and for which there will be added charges.
Councilmember Reller-Spurgin expressed preference to leave the contract in tact, and
appropriate only the added$20,000 to cover the contract; and that any changes be subject
to change order approval.
In response to question by Council, City Attorney stated that both the City and the
contractor have the same right of termination, without creating a default; that it is not
inappropriate for the contractor to terminate services, if the City can do so; that there
should be payment of any services up until the time when that occurs; that the ability for
either party to cancel, provides the City to terminate without cause, and getting into a
legal proceeding. He added that no services have been paid for at this time.
Mayor pointed out that the study is a requirement of the memoranda of understanding
with the employee units.
Minute Orders 5602 and 5603, and Res 18663 amending the budget for $19,980, were
presented; after which, it was moved by Reller-Spurgin, seconded by Kleindienst, and
unanimously carried, that MO5602-03 and R18663 be adopted.
Council Minutes
7-19-95, Page 9
6. GAMING INITIATIVE
Recommendation: That the Council consider action on the initiative petition filed
concerning gaming on specific non-Indian land in Palm Springs.
City Clerk reported on the certification of the petition, and validation of signatures; that
the measure qualifies for a special election; that the Council may adopt the ordinance, or
place the measure on the November 7 ballot; and that the Council may authorize all or
any of its members to file a ballot argument in opposition(proponents of the measure may (083-
file argument in favor); that the cost of verifying signatures is $500, and the estimated 014)
added election costs for translation and printing is $3,500.
City Attorney also explained the Council's options, adding that it may place a measure
of its own on the ballot relating to the same subject. He stated that if the Council did not
wish to file a ballot argument, it would leave it open for any other person/group to do so.
Mayor stated the issue is controversial, and it should go on the ballot for the community
to decide.
It was the consensus of the Council to not file a ballot argument, and to let the public
have an opportunity to do so.
Resolution 18664 ordering the gaining initiative ordinance to be placed oil the November
7, 1995 election ballot, was presented; after which, it was moved by Lyons, seconded by
Reller-Spurgin, and unanimously carried, that R18664 be adopted.
7. AIRPORT REFERENDUM
Recommendation: That the Council consider action on the referendum petition filed
concerning the Airport Master Plan. '
City Clerk reported on certification of the petition, and validation of signatures, noting
that the Council may rescind Resolution 18604, or ordering the matter placed on the (083-
November 7, 1995, ballot; that the cost for verifying signatures is $1,448 because it did 015)
not qualify under a random sample, therefor, all signatures had to be verified; and that
the additional estimated election costs are dependent upon the quantity of materials to be
provided in connection with the ballot.
Mayor stated that he favored authorizing an argument by the Council which supports line
Council's action, and opposes the rescinding of the Resolution.
Councilmember Hodges stated that it should be left to community individuals or groups
to express the argument.
Councilmember Reller-Spurgin stated that it is important that the community understand
the total impact of the lawsuit; that the master plan is not just a runway extension, rather
the entire master plan for the airport, and for that reason it is important that the Council
write the argument.
Resolution 18665 ordering that the referendum to be placed on the November 7, 1995
election ballot; was presented; after which, it was moved by Lyons, seconded by Reller-
Spurgin, and unanimously carried, Kleindienst abstaining, that M8665 be adopted.
Resolution 18666 designating Arthur Lyons, Jeanne Reller-Spurgin & Lloyd Maryanov, '
to file arguments on behalf of the City Council, was presented; after which, it was moved
by Reller-Spurgin, seconded by Maryanov, and carried by the following vote, that
Resolution 18666 be adopted:
AYES: Lyons, Reller-Spurgin & Maryanov
NO: Hodges
ABSENT: None
ABSTAIN: Kleindienst
Council Minutes
7-19-95, Page t0
8. ELECTRICAL MUNICIPALIZATION STUDY
Recommendation: That the Council consider a contract with Duncan&Allen Counselors
at law for the second phase of an electrical municipalization study, A-_.
Councilmember Lyons stated that he has talked with Mr. Allen, and the proceedings are
often long and costly; that Mr. Allen developed a by-pass strategy to get access to the
market without going through condemnation; that SCE would retain transmission, and
distribution would be by the City as a municipal utility, under a certain structure which
is already in place in Palm Springs, i.e., cogeneration and fact that City is already selling
electricity; that under FERC (Federal Energy Regulation Commission) timeline, there
should be answered by next April. In response to questions by Council, he stated that
other cities may be interested, however, the attorney fell that the "fight" would be
onerous and political, and it was not advisable to enlarge the scope of it with other cities'
issues, but to stay focused; that SCE was asked to wheel power 45 days ago from the
Sunrise Plant, and he favored putting out an RFP to wheel that power via poles to the
Mizell Center, and to the Boys Club, which would give the City two added customers,
with possibly a third added customer being dre P.S. High School. He slated he fell this
is the biggest ticket item the City will face; that SCE predicts it is a waste of time and
money, which is yet to be seen; that he has a commitment from private sources for about
$50,000 to mitigate the City cost of hiring the attorney; that the process is unique, but
may yield the biggest return; that the contract cap is $150,000, and if successful, there
would be no need for the utility tax, the City could capture $4.5 million annually in
surplus, and the people receive immediate reductions in electrical bills; that even if full
condemnation is faced, he felt the City would still recover all of its costs in two-three
years; that if the proposed strategy is successful, he feels it will be a win for both SCE
and the City; and that he felt the City needed to proceed with dispatch.
City Manager stated that the November ballot may be an opportunity to test the degree (147-
' of support by the public for this endeavor, and to find a means of financing the cost, i.e., 004)
seeking response on an adjustment to the utility tax to pay for the study; and that without
creating a special tax, it would create a pool of funds to examine general government
processes.
Councilmember Reller-Spurgin stated that the City Manager has been challenged to find
$500,000-750,000 in either added revenue, or added cuts; that the City faces $850,000
per year in corporation yard rental to the Airport, dependent on the current litigation; and
that the ballot question would involve everyone a part of the effort to acquire the electrical
distribution.
Councilmember Lyons responded to technical questions of Mr. Kleindienst, and added
that there can be no litigation during the FERC process; that a ruling could be handed
down by April, and delayed an equal amount of time if there is an election, that there is
no risk in following the process, and that the Indians will enter into the equation at some
point.
Councihnember Hodges stated that it is important that the City continue with the process;
that the City has the problem of not being in a financial position to fund the study, in that
there is not an extra $150,000 not being used; and she could see putting it on the ballot
for the voters to approve it.
Mayor agreed a ballot issue would be appropriate; that Mr. Lyons can raise $50,000, and
if the study is not to exceed $150,000, perhaps there are others who would commit to
financing it, and the Council could continue this matter to August 2, and see what
financial commitments can be obtained. He suggested that ilre City Attorney prepare
ballot language which would provide a 1/4 or 1/2% increase for one year, advisory vote;
and that if it is approved, and the funds are not needed, the Council may cancel the
increase.
0
Council Minutes
7-19-95, Page 11
8. ELECTRICAL MUNICIPALIZATION STUDY
Director of Finance stated that the last implementation of the tax took the utilities 60 days,
and he would expect it to be less, if there is only a rate adjustment.
Il was moved by Lyons, seconded by Reller-Spurgin, and unanimously carried, that this '
matter be continued to August 2, and in the interim, the City Attorney prepare an
advisory ballot question, as discussed, for an increased in the Utility Tax to offset cost
for 1 yr at 1/4% or I/2%.
9. FRANCES STEVENS PARK - DESERT ART CENTER LEASE
Recommendation: That the Council consider lease proposal for Desert Art Center for a
portion of the Frances Stevens Park building, at 550 N. Palm Canyon; and if acceptable,
authorize a lease agreement in form approved by City Attorney.
Downtown Development Director reviewed the details of the memorandum of the Director (117-
of Economic Development, noting that the rental rate is the same as for the Village Center 023)
for the Arts; that it may be canceled on anniversary date.
Councilmember Lyons stated that lie thought the rent was too low; Councilmember
Kleindienst agreed, and added that he did not like the options. Mayor added that he
thought it would be better for the building to be vacant for one year, when Village Center
for the Arts' lease will expire, than a triple net lease and the City would still have to
make repairs. Councilmember Reller-Spurgin stated that there is a problem in the
bathroom, and there may be health hazards.
Director of Downtown Development Center stated that the tenant may accept an "as is"
lease, for one year.
Director of Downtown Center to re-negotiate a 1-yr "as is" rental ,
10. SEWER CONNECTION FEE REDUCTION/SEWER SERVICE CHARGES INCREASE
Recommendation: That the Council reduce the Sewer Connection Fee from $4,014 to
$2,500 per residential unit, with corresponding 37.72% reduction in commercial,
industrial, hotel units and recreational vehicle spaces; and increase the residential sewer
service charges from $10.36 to $11.14 per month, with a corresponding increase in the (114-
commercial and other rates. 010)
City Manager recommended that there be no changes in policy or fees, and the matter be
brought back again next year.
So ordered.
It. MID-VALLEY ARTERIAL - FUNDING AGREEMENT
Recommendation: That the Council approve a funding agreement with CVAG for the
Mid-Valley Arterial Phase I, including design, right-of-way acquisition and construction
of Mesquite Avenue, and the Dinali Shore Bridge, Measure A Regional Funded project, (123-
and joint Palm Springs-Cathedral City project, CP94-19, A3562. 020)
Director of Public Works briefly highlighted his report. '
Minute Order 5604 as recommended, was presented; after which, it was moved by
Kleindienst, seconded by Hodges, and unanimously carried, than MO5604 be adopted.
12. MID-VALLEY ARTERIAL - REAL ESTATE APPRAISAL
Recommendation: That die Council award contract to Lipman, Stevens, Marshall &
Thene, Inc., for appraisal services, for $16,500, related to Phase I, CP95-07, A_.
(123-
City Manager reported that this item will be rescheduled for August 2, 1995. 020)
Council Minutes
7-19-95, Page 12
13. MID-VALLEY ARTERIAL - ENGINEERING DESIGN
Recommendation: That the Council award contract for engineering design services, for (123-
$824,900, related to Phase I, Robert Bein, William Frost & Assoc. CP94-19, 020)
(Amendment 2 to A3298).
' (130-
Director of Public Works briefly highlighted his memorandum. 001)
Minute Order 5605 as recommended, was presented; after which, it was moved by
Kleindienst, seconded by Lyons, and unanimously carried, that MO5605 be adopted.
14. MOBILEHOME FAIRNESS & RENTAL ASSISTANCE ACT
Recommendation: That the Council consider whether to declare its opposition to the
Mobilehome Fairness & Rental Assistance Act initiative which will be on the March,
1996 ballot.
Councilmember Reller-Spurgin stated that when Measure KK was placed on the ballot, (085-
the Council said it would continue with rent control on mobilehome parks, and she 004)
favored opposing this initiative.
Resolution 18667 opposing the measure, was presented; after which, it was moved by
Reller-Spurgin, seconded by Lyons, and unanimously carried, that R18667 be adopted.
15. ORDINANCES FOR SECOND READING & ADOPTION (Intro. 7-5-95)
City Clerk read titles, of the following:
a) Ord 1513 re zone changes for General Plan consistency (149-
015)
b) Ord 1514 re abandonment of shopping carts-Hodges & Lyons No. (103-
after which, it was moved by Kleindienst, seconded by Hodges, and unanimously carried, 045)
that further readings be waived, and that Ord. 1513 be adopted; and it was moved by
Kleindienst, seconded by Reller-Spurgin, and carried, by the following vote, that Ord.
1514 be adopted:
AYES: Kleindienst, Reller-Spurgin, & Maryanov
NOES: Hodges & Lyons
ABSENT: None
16. P.S MARKET FAIR
Consideration of resolution of convenience and necessity for beer and wine sale at the
P.S. Market Fair.
City Manager briefly highlighted the memorandum of the Director of Planning & (078-
Building. 042)
Resolution 18668 making finding, as recommended, was presented; after which, it was
moved by Hodges, seconded by Kleindienst, and carried by the following vote, that
R18668 be adopted:
AYES: Hodges, Kleindienst, & Lyons
NO: Reller-Spurgin
ABSENT: None
ABSTAIN: Maryanov
ADDITIONAL LEGISLATIVE ITEMS: Norte
CONSENT AGENDA:
17. Res 18669 approving the City's continued involvement in Palm Springs in Action, a (065-
Healthy City Project, and designating the Director of Economic Development as liaison. 003)
Council Minutes
7-19-95, Page 13
18. MO 5606 awarding purchase and installation of new gate operators and gate modification (113-
and interconnection to existing security control system at the Police Department, to 005)
Commercial Enterprises, for $25,472.
19. MO 5607 approving 3-year contract for long distance telecommunications services to (117-
Sprint, Inc., in a form approved by the City Attorney, not to exceed $84,000, A3564. 004) ,
20. MO 5608 approving Change Order No. 1 for a decrease of$66,292.73 to contract with (051-
Cybernetic Data Products for the Multi-User Flight Information Display System, CP94- 055)
10, A3407.
21. Res 18670 approving final development plans for PD227, Phase I, for shopping center (116-
on SE corner of Vista Chino & Sunrise Way. 094)
22. MO 5609 approving an agreement with the U.S. Dept. of Agriculture, not to exceed (051-
$20,000 for an ecological study to identify potential wildlife hazards at the Airport, 074)
recommended to Federal Regulations, and not associated with current EIR process for the
Airport, A3565.
23. MO 5610 approving purchase of two mass casualty trailers, with medical supplies, from (084-
Rescue-U Disaster Systems, for $15,995, each, plus tax. 011)
24. Res 18671 reserving unappropriated fund balances in various operating and capital (061-
projects funds as of June 30, 1995. 017)
25. Res 18672 establishing appropriations limit for 95-96. (061-
017)
26. Res 18673 and 18674 approving payroll warrants, and claims &demands. Reller-Spurgin (086-
abstain#899989. 013)
It was moved by Lyons, seconded by Kleindienst, and unanimously carried, tltal.R18669
through 18674 and MO5606 through 5610 be adopted; Reller-Spurgin abstaining on
Warrant 899989.
27. BOARDS & COMMISSION APPOINTMENTS
Consideration of appointments related to recent interviews. Motions were made,
seconded and duly carried, to approve the following appointments:
Planning Commission: Chris Foster, Michael Fontana, and Richard Duffy (termms 6-30- (060-
97). 015)
Public Arts: Patricia Peterson, Bill Russom, Ernest Earhardt (terms 6-30-97) (060-
023)
Library: Janice Lyle, Gay McCabe (terms 6-30-98) (060-
012)
Villagefest: Al Scott, Tracy Heller, Alan Livreri, Jacci Tumrjian, Marcia Craig (terms (060-
to be determined at first meeting of the board) 028)
Airport: Mike Brill, Chuck Cheeld (terms 6-30-97) (060-
001)
ADDED STARTERS: None
REPORTS & REQUESTS:
Council Minutes
7-19-95, Page 14
CITY COUNCIL reports or requests
a) Mayor requested that the remainder of Commission interviews be scheduled for
early September. He also requested that the CVAG request for a non-binding
MOU regarding Clean Region be on the next agenda; asked if the Council, staff,
or others might be interested in representing the City at the Holocaust Memorial
service in Washington, D.C.; noted that a designee is needed for the League of
California Cities annual conference - matter to be on August 2 agenda; and asked
for a status report on the Andreas/Bellamonte Annexation.
PUBLIC reports or requests - None
STAFF reports or requests - None
ADJOURNMENT
There being no further business at 11:40 p.m., Mayor declared the meeting adjourned to
August 9, 1995.
_AUDITH SUMICH
City Clerk