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HomeMy WebLinkAbout1995 - MINUTES - 9/6/1995 CITY OF PALM SPRINGS CITY COUNCIL MINUTES SEPTEMBER 6, 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, September 6, 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 Dr. Ross Laidlaw, Palm Springs Baptist Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on September 1, 1995. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) -See items on Page 7 of agenda this dale. 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. APPROVAL OF MINUTES: ' It was moved by Kleindienst, seconded by Hodges, and unanimously carried, that the minutes of July 17, 19, August 2 & 9, 1995, be approved, Maryanov abstaining on August 2, 1995 minutes; and Councilmember Hodges requested that her motion to discontinue further talks regarding Fire Consolidation, be added to that item of August 9, 1995. PUBLIC HEARINGS: 1. ZTA - SIGN ORDINANCE AMENDMENTS On August 2, 1995 the Council closed the public hearing on that portion of the proposed amendments concerning real estate sign amendments, and introduced the ordinance for first reading; and continued the hearing on the remaining amendments to this date. (103- 038) City Manager recommended that this matter be tabled at this time, and the hearing will be rescheduled, and renoticed. So ordered. 2. HSPB 28 - WILLIAM POWELL RESIDENCE, 383 VEREDA NORTE On August 2, 1995, the Council opened the public hearing on consideration of designation of historic site No. 28, and continued it to this date. ' Planner Patenaude highlighted the memorandum of Director of Planning & Building. (076- Mayor declared the hearing open. 001) Don Frank commented on other than this matter. There were no further appearances, and the hearing was closed. Resolution 18684 as recommended, was presented; after which, it was moved by Reller- Spurgin, seconded by Kleindienst, and unanimously carried, that R18684 be adopted. Council Minutes 9-6-95, Page 2 3. P.D. 238 - P.S. PRESBYTERIAN CHURCH Recommendation: That the Council approve planned development district to allow phased development of a 5.9 acre parcel for proposed church at 803 E. Palm Canyon Drive, Sec. 26; and order the filing of the Mitigated Negative Declaration. Director of Planning & Building reviewed his report in detail, and explained llte project (116- phasing, utilizing the drawings and elevations on the display. 108 ) Mayor declared the hearing opened. Wendell Veith, architect for the project, stated that the multipurpose building is 21 feet in height, with the tower somewhat higher; and that the applicant,is in agreement: with the staff report. There were no further appearances, and the hearing was closed. In answer to question by Council Director of Planning & Building stated that the Commission looked at the overall site in terms of building height, and it fell. that the volume that would be achieved with the 40-ft height would provide a reasonable overall interior but not be excessive for surrounding views; that the site is mainly surrounded by single-family to the south; that by right of zone, a 30-11 limit applies to hotels; and that, although not in its purview, the Commission felt the cost of maintenance for the added interior would be very high, in terms of energy consumpation. Resolution 18685 as recommended, was presented; after which, it was moved by Kleindienst, seconded by Reller-Spurgin, and unanimously carried, that R18685 be adopted. 4. TTM 28033 - D.T. PALM SPRINGS (P.S. CLASSIC) ' Recommendation: That the Council approve tentative tract map 28033, to divide 369.5 acres into 23 lots, at the SE corner of Gene Autry Trail and Vista Chino, Sec '7 & 18. Director of Planning & Building highlighted his report, and stated that the Commission _ found the plan to be in conformance with the master plan for like project. 137 102 ) Mayor declared the hearing opened. Larry Johnson,Indian Wells, Engineer for the project, indicated availability for questions. Lissa Hubbard, resident, commented concerning the chain link fencing, and adequacy of it in terms of vandalism, and need for potential protection from surrounding areas. There were no further appearances, and the hearing was closed. hr response to question by Council, Director of Planning & Building stated that there is no existing street to the south, and the covenant for future improvements is not a problem; that the Commission looked carefully at the chainlink fencing, and while a block wall is usually required, the boundary to the east side is the golf course, and it was felt that a chain link fence with heavy, thorny landscaping would be more effective than a block wall, in terms of intruders. Resolution 18686 as recommended, was presented; after which, iit was moved by Hodges, ' seconded by Reller-Spurgin, and unanimously carried, that R18686 be adopted. Council Minutes 9-6-95, Page 3 5. TPM 27939 - CS3F PARTNERSHIP Recommendation: That the Council approve a tentative parcel map 27939 to divide 41.58 acres into 15 industrial lots on the East side of Gene Autry Trail, south of the P.S. Classic project. (119- 001) ' City Manager reported request of applicant to continue this matter to September 20, 1995. Councihneraber Kleindienst stated that he would abstain due to a client relationship. It was moved by Lyons, seconded by Reller-Spurgin, and unanimously carried, Kleindienst abstaining, that the hearing be continued as recommended. INTERAGENCY REPORTS: None PUBLIC COMMENTS: a) Comments on matters not related to an agenda item: Stan Barnes, Positive Alternatives to Youth Council, commented on its 6K Challenge Run, and potential for coming year, including major sponsorship, ESPN coverage, and goal of $10,000, and urged the community also help, or sponsor the event. Joe Foster slated he has not received responses to his letters concerning a hazard across the street from his house, and felt threatened by the City Manager. Steven Payne expressed appreciation for the work of the Council, and refuted comments regarding candidates in a recent letter to the editor. ' John Cornell, offered comments on a number of topics, including supporting the municipalization study, discontinuance of fire consolidation discussion, and appreciation for the sign ordinance, which he feels all problems are being resolved. Ron Cole, resident, expressed opinion regarding city staff, and an unspecified issue that the Council requested, which has not been completed. Kitty Cole Chipman Bang expressed apologies if anyone was hurt by his letter to the editor; and expressed his views on a number of issues, including that spending money on so many studies is waste of it; that the City should contact Utah concerning energy takeover; that he favored a different means of getting electricity than SCE; and comments concerning publicity he has attracted for Palm Springs. George Margolis indicated reasons he is seeking office, and opinion that people do not use the Airport, not because of summer, but because of high fares. Fred Ebeling stated that Items 6, 7, 8, 10 & 17 on the agenda are long-term items, and will affect the City for many years, and should be delayed until after the election. Mayor asked for a report concerning Mr. Foster's comments, and a report on the ' taxicab issues. City Manager stated that the RFQ for taxicabs will be on the next study session agenda. Council Minutes 9-6-95, Page 4 b) Comments concerning Item 6: Bob Lee, P.S. Hotel Association, reported that the Association joins in the City's efforts to purchase electricity wholesale, and proposed that the Room Tax be (140- raised one-tenth of one percent for 12 months, with assurance that the proceeds 002) will be used to help lower electrical costs. He stated that it shows a genuine concern for Palm Springs by the members of the Association, and it is believed that less cost can be achieved for everyone, which will help to revitalize Palm Springs, and solve its budget problems. c) Comments concerning Item 7: Jonathan Weisgall, California Energy Company, stated they sell renewable energy from competitive and responsible resources, including seven geo-thermal plants at the Salton Sea; that he felt the Council was asking the aright questions, and they wanted to help, which would benefit the City as well as their company, and they were prepared to contribute $80,000 toward helping in coming up with solutions for Palm Springs, either in cash or in legal services. He stated that they consider (147- the money an investment in development. (Note: Mr. Weisgall spoke at the 004) beginning of the meeting, in order to accommodate his airplane flight.) The following persons spoke in support of proceeding, with efforts to provide electricity at reduced rates; commented concerning opinions and experiences with SCE, and of the PUC: Mr. Spencer Paul Spickler, Cathedral City resident Dale Simpson Paul Monohan, resident Jeremy Crocker, noted potential figures if City were to purchase wholesale, plus ' SCE charges. Larry Grobeck (?), Palm Desert resident, added that other communities are watching to see what happens with Palm Springs, which could mean other communities in the 'Valley could do likewise. Darrell Meeks stated he supported the proposal, but not the increase in Room Tax, and the hoteliers should perhaps pay a higher utility tax, with residents paying less, since they pay less in electrical consumption charges. He also commented concerning the gaining application process, in that he considered it a loss of staff time, even if the applicant is paying for it, that could be spent on other business, and questioned what would not be done as a result of lost time. Eric Meeks supported the proposal, and that Ire would like to read die reports. The following persons spoke in support of staying with SCE, and alleging that the City cannot take care of its own business or budget, and did not believe it could handle electrical service: Ron Summer, resident. Bob Kayser, resident Clancy Yoder, resident, added that the Council and private sector need to work ' this out together. Bruce Whitaker, Fullerton, stated he represented the Coalition of Activist favoring Reform in Local Government in Orange; County, stated that municipalization will not add value, and questioned what assurance there is that the revenue will not become a profit center to the City; and lie questioned raising the TOT as means of the city taking over electricity sales, and the market should operate freely, and unfettered. w ;.:'4>3 Council Minutes 9-6-95, Page 5 Bob Stranger, SCE, stated that Edison's system in Palm Springs cannot be acquired by simply purchasing the meters; that it does not work that way, nor does it make sense; that the proposal calls for an untried legal theory involving large amounts of money, and$100,000 is only a down payment on litigation costs that will have to be paid by the taxpayers; that he believed competition will have ' the best way to get a reduced electric rate, and choices through the industry deregulation, which a municipal monopoly will remove. d) The following persons spoke concerning Item 8: Cluck Hubbard, resident, supported keeping the Fire Department only as a Palm Springs Department, suggesting that other funding sources should be found to (087- cover the cost, e.g., the Convention Center, tax on gaming, and the Airport, or 002) place the issue on a ballot. He also commented that the Council should have taken action to seek an investigation regarding the Desert Hospital. Greg Pettis, Cathedral City Councilmember, stated that the Council has an historic opportunity to create the fire consolidation, and to join in the Vista Chino levee project. e) The following persons spoke concerning Item 10: Jerry London, member of the former gaming task force, stated that if the vole is NO, the process becomes moot in any event. Steve Barasky (?) Cathedral City resident, stated that if the Council fights the State, it wins, and the action only invites litigation. He commented concerning the DeBartolo Corporation, and added his opinion that gaming is not the panacea (083- to solve problems in Palm Springs. 014) ' Mark Rivers, Senior Vice-President, DeBartolo Entertainment Corporation,stated that the application process is not a request for endorsement of the ballot measure; that if the vote negates the initiative, the City costs will have been paid, and it loses no money; and that SB 100 places a moratorium on local elections and gaming effective January 1, 1996. He commented concerning their proposed projects, and other endeavors of the corporation. Dick Sroda, resident, stated opinion that approval of the process is endorsement of the ballot measure; that City employees have other business to take care, and questioned what will not be done if they are working on the applications. He added comments regarding the TOT on the electrical study, that they are tourist paid, and could be better spent, and the issue needs to be privately funded, and not an obligation of the taxpayer. f) The following persons spoke concerning Item 23: Dennis Dinko, Desert Hot Springs, stated he was informed that lie was the low bidder on the purchase of tee-shirts, etc., and later was told that because of a memo of a competing bidder, there was pressure to have a local person get the business. Karen Rhoder, Desert Hot Springs, stated that her mother owns the Koala-Tee (084- printing business, stated that she received a letter that Mr. Dirtko had received 011) the award; that she did not hear anything further, and when she contacted Councilmember Reller-Spurgin, she was advised that the matter had not yet come to the Council, at which point she contacted the Purchasing Manager, obtained a copy of the Mr. Dinko's bid, and challenged that the calculations did not include the per screen charge for each setup, and when cotnpued on that basis, Koala-Tee was the low bidder. LEGISLATIVE ACTION: Council Minutes 9-6-95, Page 6 6. ROOM TAX ORDINANCE AMENDMENT Recommendation: That the Council amend the Municipal Code to provide an added .1% increase in the transient occupancy tax, for one year, from November 1, 1995 through October 31, 1996. (Action is initiated and supported by the P.S. Hotel Association). City Manager reviewed the memorandum of the Director of Finance&Treasurer, noting ' that if approved, the tax would increase to 10.9 and 10.1 percent, and would apply for 12 months, which would result in about$70,000 in added revenue to the General Fund, to be used for government purposes. In answer to question by the Mayor, Councilmember Lyons stated that the plan is not to take over SCE, rather to provide users with a choice - SCE, or City meters; that the plan (140-- is to obtain access to the wholesale power; that SCE would continue, and it would be paid 002) for power; that condemnation is not the issue at hand, but to seek FERC declaration that the City is a municipal utility, which he believed it is already; that currently the City is held hostage by SCE; that any repairs would depend on whether it was a SCE or City meter. He stated that there is a firm financial commitment of $261,501, which would include the TOT revenue; that if FERC rules that the City is a utility, the Council could decide to proceed, or to not implement the wheeling order; that independent power producers have put up most of the seed money, and there is no obligation to refund the amount, unless there are unspent funds, which they understand .are at total risk. City manager suggested that he and Councilmember Lyons develop a glossary of typical questions and answers to be available for public information. Mayor asked that the City Attorney review and approve the agreements with die independent producers in terms of their funding contributions. City Clerk read title of the Ordinance, as follows: , AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 3.24.038 TO THE PALM SPRINGS MUNICIPAIL CODE TO IMPOSE AN ADDITIONAL TENTH OF ONE PERCENT (A%) TRANSIENT OCCUPANCY TAX FOR THE PERIOD NOVEMBER 1, 1995 THROUGH OCTOBER 31, 1996, ADOPTEI:) PURSUANT TO GOVERNMENT CODE SECTION 36937 (d). It was moved by Kleindienst, seconded by Reller-Spurgin, and unanimously carried, that further reading be waived, and the Ordinance be introduced for first reading. Mayor thanked the hotel association for coming forward, and while it is a tax on the visitor and not the hotel, the hoteliers consider the total cost in terms of"selling" rooms. 7. ELECTRICAL MUNICIPALIZATION STUDY On August 9, 1995, the Council gave conditional approval to an agreement with Duncan & Allen, subject to sufficient funding, A3577. City Manager stated that the first phase contract with Duncan & Allen has been completed, and that the second phase cost is estimated at$150,000; that funds have been (147- raised outside of the General Fund as a result of efforts by Councilmember Lyons. 004) Councilmember Lyons thanked the community for coming forward with private donations ' from $5 to several hundreds, from which a total $6,400 has been raised, He slated that SCE's position has been a "wait and see" attitude, because deregulation is coming, however, energy industry deals are being made; that strategies may change, depending on what plan is approved by the PUC, and only those who can aggregate a load big enough to sell wholesale will produce better rates; that 100 row is needed, and individual homeowners, nor small business will benefit, and they will need someone to aggregate the load for them; that assurances can be built in that the City would not use the revenues as a "cash cow", simply by capping how much the City can receive; that one cent would mean eliminating the utility tax and producing $5 million to the City; that even under a Council Minutes 9-6-95, Page 7 7. ELECTRICAL MUNICIPALIZATION STUDY (Continued) classical municipal utility scenario, the rate charges would be 40% less than currently; that there is no intent to condemn SCE; that this subject has been under discussion for 2 1/2 years, and SCE has only suggested the demand management viewpoint to solve the ' problem. He explained incentives why utilities get rate increases, i.e., building infrastructure which leads to basis for profit margin and return to shareholder; that the Council must be proactive and push as hard as it can, and perhaps SCE will then truly (147- begin serious talks; that even a conservative position of 8 cents would result in a 12% 004) reduction, and wholesale can access power at 3.5 cents or less; that Palm Springs has the possibility of becoming the first renewable energy city in the world, which could result in attracting cutting-edge companies; that SCE has not faced deregulation before, so everyone will be exploring unchartered areas. Councilmember Reller-Spurgin stated that people must make choices, and she has seen it being either air conditioning, or medicine, and the Council's job is to look for the health and welfare of its citizens. Mayor emphasized that it is not the Council's intent to condemn SCE, and if a future Council decided to do so, it would require public hearings, and action by that Council. City Attorney affirmed the condemnation process, and noted that if the wheeling order is obtained, it will also come back to the Council at different points for action, and the subject recommendation only approves the legal firm proceeding with the next phase. Councilmember Hodges also endorsed the action, and added that the City and the community will not be intimidated by SCE, and anyone else who wished to join in the effort, should do so. ' Minute Order 5624 approving the agreement, as recommended, was presented; after which, it was moved by Lyons, seconded by Reller-Spurgin, and unanimously carried, that M05624 be adopted, and that the City Attorney review funding agreement with the private contributors, before such agreements are executed. 8. FIRE CONSOLIDATION Recommendation: That the Council authorize consolidation of fire protection services between the cities of Palm Springs and Cathedral City, and direct other actions in concert with the actions taken by the Cathedral City Council on August 9, 1995. City Manager stated that there may have been a view that this matter was a bargaining chip related to another matter, but such is not the case, and he felt it important that the (087- Couhcil authorize the consolidation and direct the City Attorney to work with the 002) Cathedral City City Attorney to prepare the JPA to create the commission; and appoint two elected officials to serve on the interim commission, with the staff to provide support, in developing the final JPA. He stated that October 1, 1995 was date for implementation, which would not be possible, but could be used as a touch point for the draft JAP, and ultimate dale of January 1, 1996 established; and that there are issues still to be resolved with the fire unit. In response to question by Council, he stated that there has been no discussion with the units for quite some time. Mayor stated that there has been a lot of verbiage about local control, and lie viewed the consolidation as, in fact, maintaining local control - in that it would stay with Palm ' Springs/Cathedral City; that he favored a 4-member JPA board being made up of only two elected officials from each city; that because of the impending elector, at which three members of the Council are seeking office, and two will be leaving office, he felt that the item should be put on hold until after the election. He added that an interim JPA would be meaningless. City Manager expressed concern that the enabling legislation be adopted, which would allow a number of issues to be discussed; that he did not believe the city managers should be a part of the policy making role; and it is necessary for the interim JPA if there is going to be staff time spent trying to accomplish the objective of consolidation. Council Minutes 9-6-95, Page 8 8. FIRE CONSOLIDATION (Continued) Councilmember Reller-Spurgin stated that she has been all advocate of consolidation from the beginning; that she has had cold feet about it since the ]last joint meeting with Cathedral City, at which point, Palm Springs was ready to proceed, and Cathedral City wanted to call for a ballot issue; that she favored taking a slow approach into it, i.e., via 1 dispatch and mutual aid, and that the City Manager should first meet with the fire units and get their input before proceeding; and that the Council's only obligation is to the people of Palm Springs. Councilmember Kleindienst stated that he is obligated to serve the Council, and not to shun that responsibility simply because of seeking election; that he did not want to lose (087- two months of the process; that there has been discussion, and the Council should move 002) forward with the next step; that the October date would be a touch date, and not a forced ultimate final deadline; that the October date has been on the table for months; and that he would be willing to serve as a member of the interim JPA. City Manager suggested that the resolution could be revised to eliminate the portion of Section 1 following the words, "Cathedral City." Councilmember Hodges stated that there has been so much time in which to siludy this issue, yet the Council still does not have the information; that she believed the Council and City have neglected to involve the Fire Department and the citizens in the process; that she did not favor the resolution in any manmer; that she felt the Council should back off and if the new Council wants to look at it again, it may do so; that it has become a political issue, which was not the intent; that she did not think there should be anymore staff or Council time spent oil it; and that it can be looked at by the new Council, getting all of the parties together. Mayor and Councilmember Lyons agreed that the election should occur first. ' It was moved by Hodges, seconded by Reller-Spurgin, and carried by the following vote that this matter be tabled: AYES: Hodges, Reller-Spurgin & Maryanov NOES: Kleindienst & Lyons ABSENT: None 9. VISTA CHINOlFEMA - CATHEDRAL CITY REQUEST Consideration of request of Cathedral City to fund a portion of the cost to elevate and construct the Vista Chino Road crossing at the east levee of the Whitewater River to eliminate a potential flood water breakout at the location, and to obtain conceptual (136- approval of the project. 040) City Manager recommended that this matter be rescheduled for September 20, 1995. It was moved by Kleindienst, seconded by Hodges, and unanimously carried, that this matter be rescheduled as recommended. 10. REQUEST FOR ACCEPTANCE&PROCESSING GAMING LICENSE APPLICATION Recommendation: That the Council consider request from the P.S. Gaming Corporation for acceptance and processing of application for gaming license. ' City Attorney reported that the Council is not legally compelled to consider the request; that it is discretionary; that legislation will mandate a 3-year moratorium on expansion of (083- gaming unless authorization has been granted prior to January 1, 1996; that the Eisenberg 014) bill is still active, but not approved; that the moratorium is to ;preclude any new cities from establishing gaming; that many issues are unclear in the moratorium legislation, as to what constitutes authorization; that he fell it was clear if a permit is issued prior to the January date, but uncertain if only an ordinance is in place; that the applicant is willing to pay a deposit to cover staff and legal cost, and deposited $5,000 to cover the lime thus �W Council Minutes 9-6-95, Page 9 10. REQUEST FOR ACCEPTANCE&PROCESSING GAMING LICENSE APPLICATION (Continued) far; that if the Council decided to proceed, an added deposit would be required for another $25,000, against which charges would accrue; that background investigations, ' consistent with requirements in the proposed ordinance, would take about 60 days, and there is no way to complete that prior to the end of 1995, if the ballot is approved by the voters; and that there are four cities which are dealing with this "window." Councilmember Lyons stated that (lie State, by its action, would thwart the public will, if the voters approved it in November, yet if it is not approved by the voters, it goes away (083- in any event. 014) Councilmember Hodges stated she had a problem with the concept before, in that she felt the Council should wail for the election, since an action could give a spin to the ballot issue; however, if there is not enough time to carry-out the people's will if it is approved and permits could be processed in a usual way, the subject is then in a different situation; that it would not be fair to those who voted in favor and passed it, not to be able to implement it; that the Council also has an obligation to the DeBartolo Corporation, as a financial and participating contributor to the community, and to help secure the license if the vote is approved; that she felt the process should proceed, however, there should be no cost to the City, and action is not an indication of favoring the passage of the ballot issue, but only to speed the process if it is approved. Councilmember Reller-Spurgin concurred. Councilmember Kleindienst stated that if the Council does not process the permits, it is saying that it does not matter what the voters want, rather it must do what it can to allow the voters decision to become a reality. ' It was moved by Kleindienst, seconded by Reller-Spurgin, and unanimously carried, that the staff proceed with pre-permit application processing, subject to deposit to cover city costs, without incurring an accounts receivable situation. it. PSDRCVB - AMENDED JOINT POWERS AGREEMENT Recommendation: That the Council approve an amended JPA creating the P.S. Desert Resorts CVB, to allow Desert Hot Springs to rejoin the JPA; and to convert the PSDRCVB from a fiscal to calendar year, A2660. City Manager highlighted his report, noting that the Board authorized re joining by Desert (050- Hol Springs, with delay in payment of debt for doing so. Mayor noted, that the change 008) also includes a change in the fiscal year, enabling the JPA staff to prepare its budget at an "off-season" time. City Attorney responded to questions by Council as to why this particular method of amendment was selected, versus a side agreement concerning Desert Hot Springs. Minute Order 5625 as recommended, was presented; after which, it was moved by Kleindienst, seconded by Reller-Spurgin, and unanimously carried, that MO5625 be adopted. 12. WWTP LOAN - AIRPORT REPAYMENT ' Recommendation: That the Council authorize the early call of the loan from the Wastewater Treatment Plant Fund to the Airport Fund, and amend the budget to appropriate $484,798 Airport Retained Earnings, to cover the repayment totalling $593,069.87. City Manager reported that the loan originally was to assist in the purchase of property (061- on Alejo Road for the Airport, and a 10-year payment scheduled was approved in 1993; 017) and a request for an early payment was made, and funds are available in Retain Earnings. Council Minutes 9-6-95, Page 10 12. WWTP LOAN - AIRPORT REPAYMENT (Continued) Minute Order 5626 and Resolution 18687 as recommended, were:presented; after which, it was moved by Reller-Spurgin, seconded by Kleindienst, and unanimously carried, that MO5626 and R18687 be adopted. 13. MUNICIPAL CODE AMENDMENT - DANGEROUS ANIMALS ' Recommendation: That the Council amend the Municipal Code to regulate the impoundment of animals and add regulations concerning dangerous and vicious animals. City Attorney briefly explained the changes, noting that there currently is no process for (103- hearing an appeal, and the change would provide the Chief would hear appeals on 045) decisions regarding dangerous animals, and the City Manager on decisions regarding vicious animals. In answer to question by Council, as to cost of the legal time spent in reviewing the ordinance, the City Attorney slated that some of the charges may have related to individual cases; and that the draft ordinance was submitted to the Police Department, which made changes, and it went back and forth several times. City Clerk read fide of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 10.18 TO THE PALM SPRINGS MUNICIPAL CODE, REGULATING DANGEROUS AND VICIOUS ANIMALS, AND AMENDING SECTION 10.20 OF TIIE PALM SPRINGS ]MUNICIPAL CODE, REGULATING TIIE IMPOUNDMENT OF ANIMALS. after which, it was moved by Hodges, seconded by Kleindienst, and unanimously carried, ' that further reading be waived, and the ordinance be introduced for first reading. 14. 1995 MUNICIPAL ELECTION Recommendation: That the Council amend the budget to appropriate $8,998 to cover Spanish translation, and added printing costs associated with Measures L and M; and determine policy regarding settling tie-voting. City Clerk reviewed her memorandum, noting that the costs associated with the: Airport Referendum will be funded from Airport Funds; and that no action concerning tie-voting, (061-- would leave in place the existing policy of calling for a special election. She stated that 017) the even year primary in 1996 will be held in March, which falls within the prescribed time frame, should a special run-off election be necessary. (083-- 013) Mayor stated that he considered lie-voting highly unlikely, and that drawing by lot may be appropriate. Councilmember Hodges stated that she felt the special election was preferable. The consensus of the Council was to leave the existing policy in place. Councilmember Reller-Spurgin suggested that the gaming proponents be asked if they would pay the added costs associated with the initiative. Resolution 18688 amending budget as recommended, was presented; after which, it was ' moved by Kleindienst, seconded by Hodges, and unanimously carried, that R;f 8688 be adopted. Council Minutes 9-6-95, Page 11 15. AIRPORT - SMART SHUTTLE Recommendation: That the Council authorize submittal, assisted by DKS Associates, of grant proposal under AB2766 to South Coast Air Quality Management District for development and implementation of a Smart Shuttle System. ' Director of Aviation reported that the "smart shuttle" is a technology and not a vehicle, (051- to establish a system to more economically move transportation vehicles through the 074) Valley; that a grant would be applied for; that there wold be some type of operating group to benefit existing operators, and no one would be put out of business, nor have to use it; and that the grant submittal deadline is September 19, 1995, and the ACQMD is very excited about the prospects. In response to questions, he stated that the initial phase would be to establish a limited number of routes and operators controlled by the central, dispatch to which others could join, but there is no requirement to do so; and that if after a year, success, and growth occurs, the Council may be willing to change the central dispatch and make it a requirement that all operators be part of the association. Resolution 18689 as recommended, was presented; after which, it was moved by Lyons, seconded by Kleindienst, and unanimously carried, that R18689 be adopted. 16. ORDINANCES INTRODUCED 8-2-95 City Clerk read title of Ord 1516 amending the Zoning Text(Signs) concerning real estate (103- signs; after which, it was moved by Lyons, seconded by Reller-Spurgin, and unanimously 038) carried, that further reading be waived, and 01516 be adopted. City Manager noted that the ordinance concerning undergrounding of utilities was revised for minor changes, but substantial as to necessitate re-introduction and first reading. ' City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, (103- AMENDING CERTAIN SECTIONS OF TITLE 8, SECTION 8.04.402 AND 045) TITLE 15, SECTION 15.04.010 THROUGH 15.28.180,INCLUSIVE, OF THE MUNICIPAL CODE, CONCERNING UTILITY LINES AND EXISTING DEVELOPMENT. after which, it was moved by Kleindieust, seconded by Lyons, and unanimously carried, that further reading be waived, and the ordnance be introduced for first reading. 17. INTERIM ORDINANCE - LOCATIONAL REQUIREMENTS FOR PAWN SHOPS Recommendation: That the Council approve an interim urgency ordinance regarding the establishment and operation of pawn shops in the CBD zone; to provide time in which to study the Zoning ordinance, and the regulation of pawn shops. City Manager highlighted the memorandum of Director of Planning & Building, noting (103- that current zoning regulations are retained, while providing added location opportunities 043) in the CBD under certain conditions. Mayor stated that the effort is to let a 50-year business move in an orderly transition across the sweet for two years. He read letter of Don Franks, submitted during public comments of the Agency, dated August 21, 1995, a copy of which is on file with the City Clerk. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ESTABLISH INTERIM LOCATIONAL REQUIREMENTS FOR PAWN SHOPS, AND DECLARING THE URGENCY THEREOF. 011 11-30 Council Minules 9-6-95, Page 12 17. INTERIM ORDINANCE - LOCATIONAL REQUIREMENTS FOR PAWN SHOPS (Continued) Motion by Lyons, seconded by Hodges, to waive further reading, and adopt theordivance, failed to carry by the following vote: AYES: Hodges, Lyons & Maryanov ' NOES: Kleindienst & Reller-Spurgin ABSENT: None City Attorney reported that a 415 vote is required to approve the ordinance; that the current zoning would not allow pawn shops at the Agency owned site at 261 North Indian Avenue; that the owners lease at their existing location has been terminated; that the City has no legal, or technical obligation to lease any property; and that there is a potential for (103- the Agency to disregard the zoning, and proceed to lease the property. Consensus of the 043), Council was not to take such action. Councilmember Reller-Spurgin stated that she wanted to be assured that there was no financial liability on the part of the City to pay moving expenses, and did not see that issue addressed in the ordinance. Mayor stated that the intent would be for the Agency to lease: the site in an "as is" condition, for now more than two years, with no option to renew. City Attorney staled that the situation was not created by the agreement between the City and the Tribal Council, as inferred in public comments, since said agreement ,has been suspended; that it would have required acquisition of the business owners site by [he City, which would have required relocation assistance; that the Tribal Council implemented that portion of the document on its own, and because the City was not the moving party, it has no relocation assistance for this site. He stated that a member voting in the majority could move for reconsideration. It was moved by Reller-Spurgin, seconded by Hodges, and carried by the following vote, that the urgency ordinance be reconsidered: AYES: I-Iodges, Lyons, Reller-Spurgin & Maryanov NO: Kleindienst ABSENT: None The Ordinance having previously been read by title by the City Clerk, it was moved by Lyons, seconded by Hodges, and unanimously carried to waive reading of the ordinance in full; and it was moved by Lyons, seconded by Hodges, and carried by the following vote, that the 01517 be adopted: AYES: Hodges, Lyons, Reller-Spurgin & Maryanov NO: Kleindienst ABSENT: Norte Mayor recessed the meeting, in order to reconvene as the Community Redevelopment Agency; after which, the Council convened, and business resumed. 18. See CRA Minutes Regarding McMillan Lease ADDITIONAL LEGISLATIVE ITEMS: None ' CONSENT AGENDA: 19. MO 5628 approving agreement with Gilmore A. Jones, dba Engineering Consulting Services, for a feasibility study and specs for an RFP to underground line connection (052- supplying power from the Sunrise Cogen Plant to the Mizell Senior Center & Boy's & 001") Girl's Club, not to exceed $6,000, A3578. Council Minutes 9-6-95, Page 13 20. MO -withdrawn to 9-20-95---- approving agreement with Desert Fashion Plaza for lease of a sculpture from the museum, for $20,000, to be placed in the Desert Fashion Plaza Sculpture Garden on Museum Drive, A 21. See Item 33. ' 22. Res 18691 appointing Rita Gustafson to the Deferred Compensation Advisory Committee, (110- to fill vacancy (K. Richards). 001) 23, See Item 34. 24. MO 5629 approving purchase of steel shelving for the Library Center, from sole source (099- provider Gaylord Brothers, for $61,461 (privately funded trough donations to Library 001) Trust Fund and Friends of the Library). 25. MO 5630 approving purchase of new carpet material for the Library Center, from U.S. (099- Axminster, sole source provider, for$91,457(privately funded through donations though 001) Library Trust Fund and Friends of the Library). 26. Res 18692 authorizing and requesting the County to release demolition and re-vegetation bonds, which were required as condition of approval on various wind projects, now (123 located in the City. 018) 27. MO 5631 approving subrecipient agreement with Fair Housing Council of Riverside (085- County, for 95-96 CDBG funded project for $25,270, A3579. 011) 28. MO 5632 approving subrecipient agreement with the Boys' & Girls' Club, for 95-96 (085- CDBG funded project for $52,000, A3580. 011) 29. Res 18693 through 18697 approving Payroll Warrants (2) and Claims & Demands (3). (086- Reller-Spurgin abstain#901933,902333,902748,902749;Kleindienst#901798;Maryanov 014) & Hodges #902782. 30. Motion concurring in CRA actions to date. 31. MO 5633 rejecting sole bid from Al Miller&Sons, for$31,500, for reroofing the Desert (109- Highland Conununity Center game room, CP94-34. 006) 32. MO 5634 approving loan agreement with the CRA concerning Vineyard Parking Lot(See (124- above CRA Item). 037) It was moved by Lyons, seconded by Reller-Spurgin, and unanimously carried, that Resolutions 18691 through 18697, Minute Orders 5628 through 5634, and motion in Item 30, be adopted; Kleindienst abstaining on Warrant Nos. 901798, Reller-Spurgin on Nos. 901933, 902333, 902748, and 902749, and Hodges & Maryanov on No. 902782. 33. COMPREHENSIVE FEE SCHEDULE AMENDMENT - SHOPPING CARTS Resolution 18690 approving amendment to comprehensive fee schedule to establish fees (114- relating to removing, reissuing and storage of abandoned shopping carts, was presented; 008) Councilrnember I-Iodges stated that too much staff time is associated with this program; that she considered it ridiculous, and that there are more important things to be done. ' It was moved by Reller-Spurgin, seconded by Kleindienst, and carried by the following vote, that R18690 be adopted: AYES: Kleindienst, Reller-Spurgin & Maryanov NOES: Hodges & Lyons ABSENT: None Council Minutes 9-6-95, Page 14 34. ANNUAL PURCHASE OF TEE-SHIRTS, ETC. Recommendation: That the Council award bid for annual purchases of tee-shirts, (0844- sweatshirts, and other apparel from Koala-Tee Printing, on a unit price basis, and 011.) providing two one-year options to renew. City Manager reported that, when the "screen" cost was factored into the bid review, ' Koala-Tee was the low bidder, and he recommended the award. Minute Order 5627, as recommended, was presented; after which, it was moved by Kleindienst, seconded by Lyons, and unanimously carried, that MO5627 be adopted. ADDED STARTERS: None REPORTS & REQUESTS: DEPARTMENTAL REPORTS - Received for Filing a) Treasurer's Monthly - May & June, 1995 (121. 002) CITY COUNCIL reports or requests a) Board & Commission Interviews: Schedule date and time for remaining interviews (Historic Site, Human Rights, Parks & Itec, Rent Review, VPB, Personnel). Time set for September 26, 1995 from 6 p.m.- 8:30 p.m. b) Councilmember Lyons requested that a resolution supporting AB1048 be placed on an upcoming agenda for consideration. PUBLIC reports or requests , a) Don Frank expressed his opinion of the Council. COUNCILMEMBER RELLER-SPURGIN EXCUSED HERSELF FROM THE REMAINDER OF THE MEETING. b) Fred Ebeling concurred with the City Attorney comiment regarding the pawn shop; and expressed opinion concerning Councilmember Lyons. c) Steve Faraker suggested that Council's action concerning gaming will circumvent State law, and sour its relations with Sacramento STAFF reports or requests a) City Manager announced FBI seminar attendance award to Police Chief Kulander; and employee MaryBeth Combs for saving $400 wider the AQMD mandated ride-sharing program. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. Cw� L- UDITH SUMI-H ' City Clerk