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HomeMy WebLinkAbout1996 - MINUTES - 7/3/19960124 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 3, 1996 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, July 3, 1996 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 Barnes, Hodges, Oden, Spurgin, and Mayor ' Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Msgr. Malachy McGinn, St. Theresa's Catholic Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on June 28, 1996. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PRESENTATION: MADD 1995 DUI Enforcement Recognition to Police Officers Ken Moore & Randy Palmer (accepted by Mrs. Palmer on his behalf.) HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY - No business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the lroeeting 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 Oden, seconded by Hodges, and unanimously carried, that the Minutes of June 12 and 19, 1996 be approved, subject to correction of typographical error ("several" instead of "seven" Page 6, June 19). PUBLIC HEARINGS: SIGN APPLICATION APPEAL - MARTIN COMMUNICATIONS Consideration of appeal from Planning Commission decision concerning sign application to erect three billboards on Gene Autry Trail, north of Vista Chino. Principal Planner reviewed the memorandum of the Director of Planning & ]Building, noting that the Planning Commission denied the application because outdoor advertising (131= is not permitted under the Sign Ordinance. 001) Councilmember Barnes stated that the Council has spent a great deal of time re -working the Sign Ordinance, and everyone concurred that billboards are not desired. Mayor stated that lie is adamantly opposed to billboards in Palm Springs, and considers them visually displeasing, disruptive, and counter to the life style for Palm Springs, and he was pleased the Commission vote was unanimous. Resolution 18855 upholding the Planning Commission decision was presented; after which, it was moved by Hodges, seconded by Spurgin, and unanimously carried, that R18855 be adopted. oizs Council Minutes 7-3-96, Page 2 PUBLIC COMMENTS: a) Comments on matters not related to an Agenda item: Howard Lapham read a prepared statement, a copy of which is on file with the ' City Clerk, concerning municipal electrical service, and urged that the Council not commit any more funds until it is shown that such service will be cost effective to the taxpayer. Lowell Simpson, Brakescrew, stated there is no statute of limitation on fraud, and he considered that each monthly billing of Edison extended that fact at a federal level; and if the City proceeds with municipal electrical service, the consumer will benefit, unless the City bills based on Edison type meters, in which case, he considered the City, too, would be committing fraud. Deborah Forrest, Desert Hot Springs, told her story of the loss of her infant child, slid of having her electricity turned off. Paul Matut, Willow Bed & Breakfast, announced that the new facility will open, and he thought the City would be pleased with the new visitor product. Fred Ebeling, resident, stated that the City aids people who permit gambling, but do not entitle nudist to their privacy; that he was concerned about billboards, nudity and underpaid police going after victimless people (?) and the City should be concerned about people who pay the bills; that the Council should look at the needs of people in the community, and not paint curbs red, or permit setting up tents for gambling. Leslie Howard -Gathers, City Hall Renovation Committee, displayed "Palm ' Springsopoly" game, which the Committee is selling "board space" as well as taking orders for resale, from which proceeds the cost for producing the game will be covered, and an estimated $50,000 derived for the renovation project. b) Comments concerning Item 4: Mike Harrison, Conrad & Associates, stated that three of the bid evaluation committee members rated Conrad number one, and the fourth member rated it (058- only a few points behind as second, in terms of references, ability to meet 001) deadlines, experience and understanding of City system, and to help in obtaining excellence in reporting awards; and that the committee unanimously recommended it number one in terms of price; that the firm has experienced pressure in terms of the fees, and there has been little to no increases over the past audit contract; that the proposed staff recommendation would mean a decision based on best response versus firm rotation; that the cost increase to die City will be 16.6% greater if it selects rotation only; that Conrad has in no way been complacent in its audit of the City, and the Council need only look at recommendations which the firm has made on each occasion; that senior auditors are rotated, and only serve two years in that capacity; and he urged that the evaluation committee recommendation be followed. Kim Burke (?), KPMG Peat Marwick, senior auditor, stated that there are valid reasons to keep a firm, and equally valid reasons for changes, and she stated the company was prepared to offer the City competent, professional service. c) Comments concerning Item 15: Linda Cooper Lee, resident, requested that this matter be delayed, as she believed there may possibly be duplication of work that was done under a prior year's (129- conlract; and she was unable to secure an answer to this question, as well as how 002 ) much it costs to create a curb cut. 0126 Council Minutes 7-3-96, Page 3 d) Comments concerting Item 3: Linda Payne, Co-owner, Desert Shadows Imm, commented regarding censorship of nudity, and the historical progression of the acceptance of nakedness in society, films, etc. Ray Lovato, resident, read portions of Title 9 of the Penal Code as it was written in 1976 and in 1992, noting that the word "nudity" was deleted in 1992, and questioned how it can be banned from the P.S. Guide, when it is shown in the P.S. Life Magazine, and that there were only 12 complaints out of 200,000 guides mailed during the last mailing. Tom Mulhall, Terra Cotta hm, commented on an editorial of February 22, 1996, stated that excluding nudity, based on 12 complaints, addresses .006%V of the population of the 200,000 who received the Guide; that ]Hawaii, Las Vegas, the Caribbean are illustrated with provocative photos; that the; myth that Palm, Springs is for the elderly and retired should be dispelled, and 'a way found to make it more attractive to visitors, and not establish rules to make it more restrictive; and that anything done to attract sophisticated visitors, will help the room tax revenues. e) Comments concerning Item 2: Joan Summers explained that she owned the property, and a deferral/payment agreement was approved in 1985, but did not occur; that in Fall 1994, the City Engineer indicated that he thought the 1985 resolution was still in effect and force; that a large project was proposed on adjoining land, which would have eliminated the mobilehome park, and thus the sewer, however, it died in 1991. Ted Gropher, on behalf of Ms. Summers, continued her presentation, noting that the park had a favorable agreement from the P.S. Country Club, which would have meant an easement to connect sewers to the shortest distance; that it has since been rescinded; that the property is subject to rent control; that dtey have worked on this project for ten years; and requested that the Council approve a schedule equal to that of 1985, and help them in acquiring the easement, and possibly attaining rent control cooperation, in recognition of the extreme topography and financial hardship. Charles Shultz, Reed & Hillard, Riverside, attorney :representing the Golden Sands Mobilehome Park, explained that the reason for not completing the hookup, related to inability to complete the easement acquisition through the adjoining P.S. Country Club Golf Course, which would mean a line of'700 feet; that the distance to Sunrise Way is 2,400 feet plus the need for a lift station at an estimated cost of $50,000; that the owner is asking for the original $400 per unit; that the exemption is critical to the sale of the property; that there are no discretionary decisions pending that otherwise would require the conditions; that in the interest of hooking up to the sewer, the owner proposes proceeding with the 1985 agreement, in addition, allowing them one yeaRr to come forward with the plans; that if the Sunrise Way hookup is required, that the City allow 90-day review for CEQA, and 5 years to complete from this date; and That the Council consider using its power of condemnation to secure the easement through the golf course, on the basis of the City's mandate to require all properties to be hooked - up to The sewer. INTERAGENCY REPORTS: a) Councilmember Oden reported on recent meeting of the Santa Rosa Mt. Conservancy, and that he will have a report forthcoming concerning its acquisition of tax -deed parcels. b) Councilmember Barnes reported on recent meeting of die CVAG Youth Commission's on strategic planning for the coming year. -1 U of 7 Council Minutes 7-3-96, Page 4 c) Councilmember Spurgin, reported on die Renovation Committee's "monopoly" (117- game, and that the revenue from it will take the project funding over budget 041) target; that a major contribution of $5,000 was received from Mr. & Mrs. Gene Autry; and she was awaiting results of the five large-scale hotel project of contributing 25 cents for every customer who uses the hotel restaurants during ' June. d) Mayor reported on activity of RCTC budget and finance committees; that the Union Pacific and Southern Pacific have been approved for a merger, and tlhe potential for Palm Springs could double the service to Palm Springs, and interconnections in Southern California; and that amendments to the Measure A 5-year plan were approved. LEGISLATIVE ITEMS: 2. SEWER CONNECTION FEE - REQUEST FOR REDUCTION Consideration of request for reduction in the sewer facility fees for connection of the Golden Sands Mobile Home Park to the public sewer system; and if granted, recommendation that the connection be within one year and guaranteed by a recorded covenant, secured by an appropriate bond. City Manager reviewed details of the memorandum of the Director of Planning & Building, which is on file with the City Clerk. (12- 00$) City Attorney reported that Mr. Shultz gave him a letter this date, which makes changes in the conditions recommended, as noted by him under Public Comments; that Ire has concerns regarding any potential condemnation across the golf course, as it would be a private purpose and not a public purpose that would be served, and he would not ' recommend that course of action; that he spoke with Mr. Shultz during the recess, and he believed he would be willing to not have that as a condition; that he recommended the agreement also provide that the property owner will reimbursement the City for any legal costs, which Mr. Shultz agreed to in concept. In answer to question by Council, Building Official stated that the mandatory hookup was a condition of the state grants for the expansion of the treatment plant; and that the rates in 1985 were the original rates in 1973. Director of Public Works noted that the City also mandated the requirement; that the lower rate has some impact in terms of the funding of future expansion costs, however, capacity was reserved in the existing plant to handle the service to this site. Councilmember Hodges stated that she recalled this matter coming before the Rent Review Commission when she served on it in 1985, and this subject was an issue at that time; that nothing happened in eleven years; that it is being addressed because of the potential sale; and that it has been a problem for a long time. Councilmember Oden stated he would like to see the work completed; that he was concerned that in the eleven years since the agreement, it was not completed; that he was agreeable to the rates, but not just at that, rather he appreciated the option in tie staff report concerning interest on the charges. In answer to question by Council, City Attorney reported that the Rent Control staff indicated that they could not commit whether a hardship increase would be granted on these grounds, and he understood that the applicant intended to apply for such a hardship increase. Mayor stated that nothing was done since 1985, and questioned if it would be done in three more years, and why the owner did not come back in that time period for more discussion; and he appreciated the comment concerning loss of interest income. 0128 Council Minutes 7-3-96, Page 5 2. SEWER CONNECTION FEE - REQUEST FOR REDUCTION (Continued) Consensus of the Council was to continue this matter for two weeks, and for the staff to look at the interest charges, the impact on fees it the present time; and what the rates were in 1985 that were waived, and how much those would be if those were to be approved as part of this consideration. , Councilmember Spurgin stated that she did not realize that the issue went back as far as 1985; that she was told it was a rent control property, but not back to 1985; and that site did not know that the owner was selling the property. Il was moved by Spurgin, seconded by Oden, and unanimously carried, that this matter be continued to July 17, 1996, and the additional information be provided as above noted. 3. ADVERTISING GUIDELINES FOR THE P.S. VISITOR GUIDE Recommendation: That the Council approve guidelines for advertising in the P.S. Visitors Guide, as proposed by the Visitors & Promotion Commission. Tourism Director reported that the Council instructed the City Attorney and him to work out some guidelines, and circulate them in the community, which has been done, i.e., a set of guidelines was sent to all interested parties that had been interested in the first proposal, as well as copies to the hotel association, and to anyone in the City who was interested; that written input was requested, if they had something to add, however, no written comments were received; that the guidelines include three options in terms of "nudity;" that the Visitors and Promotion Commission reviewed the guidelines at its June 21 meeting, at which three hoteliers spoke - two of whom also spoke this date - and after discussion, die Commission unanimously recommended the "no-rmdity" option. City Attorney reported that some of the issues raised at the last meeting, have been ' addressed in the proposed guidelines, and some are larger policy issues; that the "no (050- nudity" option is recommended by the Commission; that Option 2, "no frontal nudity" 001) would include definition as found in the Adult Entertainment Ordinance (AEO), essentially allow back side exposure, but not frontal; and that Option 3 would permit nudity, He stated that the remaining policy issue relates to subjective judgment, and options are noted for an "appeals body", which could possibly be the Council, or other membership makeup; that the Administration Appeals Board is dealing with administrative endorsement of the Municipal Code, and this matter deals with policy, aesthetics, and artistic considerations, and is not within the expertise of the Administrative Appeals Board; that it was thought it should be the Chair of the VPC, the President of the hotel and hospitality association, and one member of the Council (or some other person). Councilmember Oden stated that the goal was to provide simplicity in the guidelines, bul they have become very complicated for something which, at the time, seemed insignificant; that he was uncomfortable with the language, and associating it to the AEO, which people generally think of pornography, and he did not like that language. City Attorney stated that the language is taken directly from the: AEO; that there is a lot of law on this subject, and the language must be very specific; that if materials can be rejected without definition, everyone would get agitated; that the: downside is it makes the policy appear complicated, long and legalistic, but without the AEO definition is not referenced, there would have to be full language included at each point of definition; that he did not think the AEO would be eroded by its inclusion in the subject policy, since the policy only deals with advertising and is different from the AEO per se; and that the AEO , has a clear definition, and facilitates an easy reference, than a repetition of definition language. Councilmember Hodges stated the guidelines are not what she had in mind in terms of the original motion, which she read, to refer this for additional input; that she did not believe the VPC saw the guidelines until last week, which was not the original direction; that she was very surprised to see the AEO reference; that the subject is advertising; that there were concerns when the AEG was adopted that it would be used in an adversarial way for other purposes; that the policy is not the place for it; that the AEO does not define 012.() Council Minutes 7-3-96, Page 6 3. ADVERTISING GUIDELINES FOR THE P.S. VISITOR GUIDE (Continued) "nudity," rather "body parts." In answer to questions by Council, Tourism Director stated that in the past, the City ' subsidized the cost of publication of the guide by $24,000 per year, and the Council decided it did not wish to continue that subsidy, and the contract was renegotiated with Desert Publications, who was the successful bidder, and the City is no longer putting any money into it; that the City's connection is that it is the principal piece of mail in response to inquiries; that there is some concern what goes into it, since it is clearly identified as from the City of Palm Springs, and that the City controls the editorial and advertising content. Councilmember Hodges stated that the City does not subsidize any of the ads by any of the hoteliers, restauranteurs, or any other businesses, and merely buys the finished product; that perhaps Desert Publication Wright do a more uniform job of depicting what is happening in the City, and the businesses which are doing it; that the guide did not need to be censored; and that perhaps only final approval would be needed by die City. She also stated that approximately 200,000 are sent out annually, and that there were about 12 complaints received. Mayor stated that since the materials are from the City, it would still come back to the Council to determine what it wants to represent "city" collateral materials; that the privatization level has been achieved from a standpoint of cost; and that if it has "City of Palm Springs," on it, the decision remains what that is to be. Councilmember Barnes stated that while there were twelve written complaints, there may (050- be others who were displeased, but did not bother to register a complaint; that 001) philosophically he would not advocate permitting full nudity; that as long as it represents ' a "City of Palm Springs" publication, the control rests with the Council; that the staff was asked to develop more specifics, and the AEO reference was what the City Attorney had to work with, and in the absence of an otherwise very lengthy description each time, he agreed that it was the appropriate reference to be made; that full privatization should mean that the City name is not used, nor used for distribution; that the guidelines are a reasonable compromise, based on only twelve complaints to the photograph in the last issue; that he had no problem with option "3.2" concerning an appeals committee, which should be a separate body, including professionals in the industry. Councilmember Oden stated that if a matter did go to an appeal, there would need to be more people with objectivity; that a lot of time and energy has been spent on the twelve complaints; and that he felt the issues could be resolved and worked through, if there is good communication, and based on the intent of the initial motion, which should be followed. City Attorney stated that the motion was instruction to work with the various groups; that a series of options were developed, which simply address: no nudity, total nudity, or partial nudity; that the options were given to the various groups, and the same persons who spoke under Public Comment also spoke at the Commission meeting, yet the Commission held the same opinion - no nudity - and same recommendation; that if the matter is sent back to staff, he questioned what specifically the Council would like to see addressed; that there is a publication deadline coming up shortly, and he was not comfortable allowing rejection of ads without a clear Council policy. Councilmember Hodges stated that the Council seems to always be left in the position of an immediate deadline, with only the ability to accept or reject; that she did not envision the Commission working with the City Attorney's draft, rather the Commission and staff working with the hotel community and others, and then coming forward to the City Attorney with ideas to put into legal format; that she felt the process was reversed; and that there are much larger ads in other publications, than just the small one-half inch square ads in die Guide. Mayor stated he had no problem with the City Attorney having developed options, which gave verbiage to help facilitate the process - i.e., all, partial or no nudity - and he would 0130 Council Minutes 7-3-96, Page 7 3. ADVERTISING GUIDELINES FOR TI4E P.S. VISITOR GUIDE (Continued) still have to put the legal "spin" on any option; that the Commission recommended option 3.1 (option leaving appeals to the Council). In response to question by Council, Tourism Director Foster stated that the hotel ' association was not asked for a vote, rather given copies of the proposed guidelines and asked that it be made available individually, and inform the staff of any reaction to it; and that he got no reaction; that a breakdown to accommodate different groups is available through the reader service card, which enables the reader to check off hotels they would like additional information on; that upon receipt of the reader card, it is sent directly to the hotel, which may then mail a brochure that shows their hotel in more completeness than that P.S. Guide shows; that the same hoteliers who spoke under Public Comments also came to the Visitors & Promotions Commission, and he specifically asked them to put their comments in writing to have as a part of the staff report so that the Council could have benefit of written comments as well. Councilmember Spurgin noted that one of the purposes of the P.S. Visitors Guide is to promote the City as a vacation destination, and to show the diversity of accommodations; and that she would not want to be appointed to hear appeals., and perhaps the City Attorney should do it. Councilmember PIodges stated that she did not like the way any of the options were (050- written, because she did not like the policy tied to the AEO, nor defining specific sexual 001) activity in the policy as described in the AEO; and that those in the AEO misrepresent what is intended to be represented in the ads. City Attorney stated that the previous language provided that ads should not be depicted in a "sexually suggestive marcher;" that such language was too vague for him, and placed the person reviewing the ad in a subjective position; that one option was to not refer to ' what people may be doing in the ad, nor use it as a basis for rejecting the ad; that when using the AEO language, if sexual arousal or other acts in the Code is shown in the ad, it would be a grounds for rejecting the ad; that those acts go way beyond sexually suggestive (two people kissing would be no problem) and talks about sexual activities that presumably would be offensive; that the Council could chose; to review the list of activities and decide which are acceptable, or to decide that it did not want to regulate based on the appearances of the people in the activity, and those would not be grounds for rejection; that lie was trying to help the Council express the policy it wanted to establish, but he has a problem when trying to apply a "sexually suggestive mode" and maybe the Council did not want any regulatory control of that. Mayor stated that there was nothing in the AEO that he was willing to have appear in die P.S. Guide under the name of the City of Palm Springs; that such ads are not the nature of the Guide; that he did not have a problem with codification of it; that he did not have a problem referring to it as citing the Municipal Code, or calling it paragraph "Y' since they must be clearly staled that there is no question that they are: not permitted. Councilmember Oden agreed on those issues, but noted that the whole issue started out with a picture of a person sitting beside a pool, with part of the buttocks exposed, and as the discussion is going, there could be a lot of things added, but the Council has moved from a picture to sex, to all of these acts, and he was concerned with where the discussion was headed. Councilmember Spurgin slated that she felt people will want to advertise their businesses, I and to do so in a tasteful way, that will promote business. Tourism Director stated that the issue not the number of complaints but to assure that whatever is sent out over the City's name is done in the most tasteful, attractive and appealing manner; that diversity has always been allowed; that from a practical standpoint, he was awaiting the policy before making a decision on an ad which contains two nude people (male & female) floating front side down in a ;pool. Council Minutes 7-3-96, Page 8 3. ADVERTISING GUIDELINES FOR THE P.S. VISITOR GUIDE (Continued) Councilmember Barnes stated lie had wanted for specifics, and felt they were provided; that the specifics could be argued, but the issue was nudity; that the Commission was asked to address it, and it was addressed; that the Municipal Code section is the only ' reference which they had without creating something new; that options were presented, but the Commission held to the specifics it recommended. Following discussion, Minute Order 5768, approving the Guidelines, subject to no "frontal nudity" option, and an appeal to a committee consisting of the VPC Chair, the P.S. Hotel Assoc President (or designee) and a citizen to be appointed by the Mayor, was presented; after which, it was moved by Barnes, seconded by Kleindienst, and carried, Hodges & Oden voting No, that MO5768 be adopted. 4. AUDIT SERVICES Recommendation: That the Council approve a new contract for outside audit services with KMPG Peat Mai -wick, CPAs, for 3-years, with option for 2 additional years, not to exceed: $51,500, $53,045 and $54,636, for fiscal years 95-96, 96-97 & 97-98, respectively. A City Manager stated that it was not clear in the minutes if the Finance Committee request was at rotation every 3-5 years, to provide a fresh look at the City books; that since the bids were solicited the Office of Management & Budget has been created; that he felt there was a genuine interest in having a fresh perspective; that he felt ten years was a little too long, and rotation should be looked at every 3-5 years; that the OMB, Finance Director and Assistant City Manager looked at the evaluation, and although Conrad & Associates was rated number one by the original committee, it was recommended to enter contract with KPMG for 3 years, with option for two additional years; that the price ' differential is one consideration, i.e., the first year of $47,500 (Conrad) vs. KPMG $51,500 plus $3,500 expense cap per year; and he recommended approval of the contract, subject to approval of language by the City Attorney. In response to question by Council, he stated that the current rate of Conrad is $1,900 per year less than the new proposal. Councilmember Hodges stated that the proposal is less than what the City has been paying, and the prior rate remained the same since she has been on the Council. City Manager stated that Conrad has served as outside auditor for ten years, and he has made continent before that there should be a fresh look taken, and he felt that way a year and one-half ago, and the City should not remain with one single audit firm. Councilmember Hodges stated that her concern is not which firm, but the cost, i.e., $47,500 vs. $51,500 + $3,500 expenses is almost an annual difference of $8,000 over the term of the contract, and the City is not abundant with money. Comncilmember Spurgin stated that she served on the Finance Committee, also with the former Mayor, and one of his concerns was the City had been with the same firm for a long time and he questioned about going out to bid; that she talked with the City Manager two weeks ago when the itent was on the agenda, and expressed concern that the recommendation was to the same firm which had been used for ten years; and that she was concerned about the potential for being an over -friendliness between the outside firm and the City staff. Councilmember Hodges staled she understood that ten years was a long time, however, a non -partisan committee evaluated the proposal and still rated Conrad as number one; and it would be hard to justify taking the second recommendation. hr answer to question by Council, City Manager stated that although lie was not inferring that such might be the case, his concern was in having an independent audit firm, and even though it is paid, lie liked to have certainty that the firm is impartial, and it might be hesitant to express independent views because of familiarity, and fact that there is a monetary client relationship; and that he should have made such a recommendation two years before. 0132 Council Minutes 7-3-96, Page 9 AUDIT SERVICES (Continued) In answer to question by Council, Councilmember Spurgin stated that the former Mayor, himself a CPA, never suggested that there was anything wrong or unprofessional about the firm,but that after such a long time, people can become cozy and he was concerned about that. Mayor stated that the fact the contract was put out to bid, makes it competitive, and he believed bidding is a healthy situation, to produce the most economical price; and he was confused that given the bid, and coming out number one, with a favorable fee, that the recommendation is for another firm; and he questioned who d,ie audit firm is for La Quinta and Cathedral City. Director of Finance indicated that Conrad & Associates serves those two cities; and Mr. Harrison of Conrad stated that the firm serves most of the municipalities in the Coachella Valley. Minute Order 5769, awarding a contract to Conrad & Assoc, for three years, with option for two additional years, in a form subject to approval by the City Attorney, was presented; after which, it was moved by Hodges, seconded by Barnes, and carried by the following vote, that MO 5769 be adopted (A3676): AYES: Barnes, Hodges, Oden, and Kleindienst NO: Spurgin ABSENT: None ORDINANCES FOR SECOND READING & ADOPTION City Clerk read title of Ord 1534 amending the Zoning Map to add PD239 (Intro I1-15- (116- 95); and of 110) Ord 1535 re dangerous & vicious animals (Intro 6-19-96) (103- 045) after which, it was moved by Hodges, seconded by Spurgin, and unanimously carried, that further reading be waived, and Ordinances 1534 and 1535'be adopted. 6. 1995-96 CONTINUING APPROPRIATIONS Recommendation: That the Council approve continuing appropriations from 1995-96 into (061- 1996-97, for projects budgeted, but not completed. 021) City Manager highlighted the memorandum of the Director of Finance & Treasurer. Resolution 18856 as recommended, was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that R18856 be adopted. WWTP LAND ACQUISITION Recommendation: That the Council approve acquisition of 4.60 acres of land on the west side of Gene Autry Trail, north of Gene Autry Bridge, in Section 19 for $590,322, and (127- record a related loan from the Wastewater Treatment Fund to the Golf Course Fund. 003) Director of Public Works highlighted his memorandum; and in response to questions by ' Council, stated that the loan will be paid through increased revenue at the golf course over time, as the debt service is reduced on the golf course bonds; that the transaction completes the 'repayment' of land previously owned by the WWTP and "acquired" by the Golf Course for expansion; and the end result of the transaction is to record a loan due by the Golf Course to the WWTP for land used by the golf course, and the WWTP land needs should now be sufficient. Resolution 18857 as recommended, was presented; after which, it was moved by Hodges, seconded by Barnes, and unanimously carried, that R18857 be adopted. 0133 Council Minutes 7-3-96, Page 10 8. RAIL STATION (PHASE I) Recommendation: That the Council award contract to Granite Construction Co., for (143- $408,156.40 for construction of the P.S. Train Station (Phase I), including platform, 006) parking lot, realignment of the Station Road, and widening of intersection at N. Indian Canyon, CP95-28, A3677. City Manager highlighted the memorandum of the Director of Public Works Minute Order 5770 as recommended, was presented; after which, it was moved by Spurgin, seconded by Hodges, and unanimously carried, that M05770 be adopted. ADDITIONAL LEGISLATIVE ITEMS: (Satisfied agenda posting requirements; materials at meeting) 9A. PASSENGER SERVICE Consideration of resolution supporting implementation of passenger service from Los Angeles to the Coachella Valley. City Manager recommended adoption of the resolution, briefly noting the benefit to the (143- City. 001) Resolution 18858 of support, was presented; after which, it was moved by Hodges, seconded by Spurgin, and unanimously carried, that R18858 be adopted. CONSENT AGENDA: 10. MO 5771 approving purchase of 30,000 additional copies of the Spring/Summer Palm (050- Springs Visitors Guide from Desert Publications, at a cost of $15,950. 001) ' I t . MO 5772 approving a 3-year agreement with the Youth League for use of DeMuth Park (109- for its youth baseball program, and waiving $4,764 owed from prior contract, A3678. 005) 12. Res 18859 consenting to the merger of Continental Cablevision, Inc., and U.S. West Inc., (089- A2792. 005) 13. MO 5773 approving Change Order No. 1 to contract with Paul Gardner Corp., for the (130- 001) Ramon Road signal interconnect, to decrease the contract amount by $6,960, CP93-25, A3516. 14. Res 19860 and 18861 approving Payroll Warrants and Claims & Demands - Abstaining: (08 4 ) Hodges #911362, 911424; Spurgin #911474, 911525; and ICleindienst #911522. 15. MO 5774 awarding contract to G & M Construction for $46,380, for 95-96 handicapped (129- accessibility program at various locations, CP95-15, A3679. 002 ) 16. MO 5775 rejecting bids for annual rubberized chip seal contract, and authorize re- (136- advertisement of bids, CP95-22. 035) 17. MO 5776 approving program supplement 013 (revised) for emergency roadway repairs (090- to Gene Autry Trail, Indian Carryon Drive and Vista Chino at the Whitewater Wash 001) (CalTrans A1459), enabling City to receive $68,400 in reimbursement funds. It was moved by Oden, seconded by Spurgin, and unanimously carried, that Minute Orders 5771 through 5776 and Resolutions 18859 through 18861 be adopted; with abstentions as noted in item 14, and Hodges abstaining on MO 5774 ADDED STARTERS: None REPORTS & REQUESTS: - Received for Filing (121- a) Treasurers Monthly -April 301996 002) 4134 Council Minutes 7-3-96, Page I CITY COUNCIL reports or requests a) Councilmember Hodges requested staff look at the charges for pickup of dead pets from owners who cannot afford to pay for it. b) Commission Appointments: City Clerk directed to close applications July 12 (to include new Human Rights Commission vacancies - Margaret Bell & T.C. Wilder declined appointment;) and to schedule interviews July 25 and July 26, if additional time is needed, commencing at 5 p.m. on each day. c) Council Workshops: Consensus to resume workshops July 9, 1996, begimung at 5 p.m., and July 23, 1996, beginning at 4 p.m. PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT There being no further business at 10:15 p.m., Mayor declared the meeting adjourned. JUDITH SUM C City Clerk (060- 010) (060- 027)