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HomeMy WebLinkAbout1998 - MINUTES - 12/2/1998 CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 2, 1998 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 'Nay, on Wednesday, December 2, 1998, at 5:30 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, Reller-Spurgin, and ' Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Rev. Jerry E. Jolmson, Lily of the Valley Church of God in Christ. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on November 25, 1998. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 of agenda this date. PRESENTATIONS: Swear in of new Police Officers HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANC;ING AUTHORITY: - No Business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency. PUBLIC HEARINGS: 1. C.U.P. 5.0786 - LAMAR PALMS ASSOCIATES APPEAL , Consideration of appeal by LaMar Palms Associates from Planning, Commission denial of application for a conditional use permit to allow a Jack-in-the-Box Restaurant on the corner of Farrell Drive and Tahquitz Canyon. Director of Planning & Building reviewed the staff report and added that the Planning Commission did deny the permit; that the restaurant is allowable under the zone, but the (078- drive-thru is not; that it is the matter of the drive-thru that triggers the conditional use 001) permit; that the Planning Commission did extensively review the plans and exhibits; that modification was requested to the building; that the developer did comply; that parking was addressed; that the design of the building was not voted on; that it is the matter of the drive-thru that was denied by the Commission; that signing and other matters would need to be addressed; that if the Council considers approval, it would be best to refer the matter back to the Planning Commission for approval of the architecture, landscape, site design, signage and other minor issues; that Section 14 zoning does not permit drive-thrus; that Tahquitz is considered a premier boulevard; and proceeded to review site design plans. Councilmember Oden questioned whether monument signs were requested and how long was the process before denial. Director of Planning & Building stated that the Planning Commission did review the ' matter in August, 1998 during a study Session; that concerns regarding the land use were raised; that direction was given concerning the design of the building; and that prior to the Planning Commission study session, meeting had been held between the developer and planning staff. Mayor declared the hearing open. Bonnie Garland Guss requested additional time to review all the grounds for appeal. Council Minutes 12-2-98, Page 2 City Attorney stated that the each speaker would be allowed 5 minutes; that in the past additional time has not been allowed; and that others could complete where a previous speaker leaves off. ' Bonnie Garland Guss, attorney for applicant, stated that some of the statements in the staff report and Planning Commission minutes are erroneous; that all materials that have been previously submitted to the Planning Commission are to be considered on the record; that the only question to be resolved is conditional use permit concerning the drive-thru; that the fast food restaurant is by right of zone; that the Council should consider that the request does in fact meet the requirements for a conditional use permit; that the use is permissible; that the site is adequate; that the setbacks do exceed that of the other three buildings located on opposite corners; that in accordance with the General Plan, the existing street is adequate; that a negative declaration was completed; that there is no negative impact on the environment; that in fact there is no reasonable denial for the conditional use permit. J.P. Gensaw, attorney for applicant, stated that the Planning Commission did not consider that there are other drive-thrus located across the street from this location, i.e. Wells Fargo; that Section 9402.00 of the Zoning Ordinance is unconstitutional as applied by the Planning Commission; that the zoning does allow for a fast food restaurant; that the approval for the conditional use permit was split; that there was no action taken for the architectural approval; and that the Planning Commission did take the risk that the Council could approve the matter without any further Commission review. Steve Schneider, applicant, stated that the process had started in February, 1998; that since that time setbacks, canopies, and landscaping have all been revised and re- reviewed; that in all cases the building does exceed the setback requirements; that in t order to mitigate the site of the drive-thru, three parking spaces were eliminated to create a wider setback with more use of landscaping; that there is a concern of trees being located close to the driveway and the intrusion of roots; and requested Council consider modifying the condition. Peter Pappas, Pappas Architecture, stated that Palm Springs is experiencing an economic resurgence; that the downtown has undergone a significant redesign; that this mall is now being addressed to meet market demands; that pad sites have been examined for Starbucks, Einstein bagels, and others; that the mall must be made viable; that new colors are being considered; that letters of correspondence from the Planning Staff are dated as far back as March , 1998; that meetings have been held with the design review board; that the design plans for Jack-in-the-Box were submitted; that the architecture was requested to be redesigned; that the new design did fit nicely on the site; that issues such as parking have been dealt with; that the increased landscaping was due to Planning Commission concerns; that a 30 foot setback in landscaping is excessive; that the Planning Commission has been reviewing the matter since March, 1998 and requested Council approval of the conditional use permit and the architecture. Anita Wang, 2966 Via Vasquero, stated that her residence is located one block from the project; that the homes located in the area are equestrian estates; that there is access to riding areas around the area; that the fast food restaurant will impact the estates; that there are fast foods located in the mall; that more signage is needed to indicate those restaurants to help revitalize the mall; that foot traffic at the mall is needed, not ' vehicular; that increased vehicular traffic will only affect the homeowners; and that focus should be placed on filling the vacant K-mart space rather than eliminating space in the parking lot. Council Minutes 12-2-98, Page 3 Lane Lang, Lamar Co., stated that new signage is in the process through a variance; that signage is restricted and each sign must be reviewed by staff; that there is a concern to try to fill the space; that the Planning Commission did indicate support of the project; that there was never an indication that the permit would be denied; that $50,000 has been expended thus far; that there is a letter dated November 18, 1998, that should be ' included in the record; that any improvements requested by the Commission have been made; that the convenience is not presently located at the mall; that the project will generate 25-30 jobs; that the Film Festival has taken the other available site for a fast food; that the Planning Commission did state that one reason for the denial was the lack of a master plan; that the master plan was submitted; that the subdivision plan was submitted; and that the project is for the good of the community and for the revitalization of the mall, and requested approval. Owen Kieley, stated he has lived on Baristo for 43 years; that sometimes the mall is a good neighbor, sometimes not; that the proposed location is not proper for a drive-tivru; that there was a petition circulated by the owner of the property to the tenants of the mall; that the tenants had no choice but to sign the petition; that the mall does have a food court; that the restaurant should be located there; that Carl's Jr, is located up the street and does not have a drive-thru; that traffic is a bottleneck in the area; and requested the Council deny the permit. Frank Tysen, 175 S. Cahuilla, stated that the Planning Commission is deliberate in its decisions; that the General Plan is unique; that to have as many fast foods as possible: is not unique; that the City needs stricter ordinances; and that now the; criticism for the Council is that they approve anything. Dick Sroda, Palm Springs, stated that the Planning Commission did in fact turn the item down; that the reason was because drive-thrus are not permitted; that there are many ' problems with the application; and added that if the Council does not uphold Planning Commission decisions, why have the Commission. Fred Ebeling, Tuscan Road, stated that the Council should listen when Owen Kieley spoke; that there is an adverse effect by the mall; that most people moved here to get away from the big city; that the Council should listen to the citizens; and respond to what they request. Selena Tracer, stated that some of the problems mentioned tonight do not fit; that she has never seen a horse on Farrell or Tahquitz, nor seen a parking problem at the mall; that there are acres of asphalt available for parking; that it is an ugly corner; that the average person wants drive-thrus; that most people 65 and over are turned off by fast food, but that there are younger people that must be thought of; that the mall needs a boost; that young people need to use the mall; that business needs to be brought in; and requested approval of the permit. Eric Meeks, stated that approval should be given on the project; that it will help to create jobs; and strengthen the tax base, and hopefully revitalize the mall. There being no further appearances, Mayor declared the hearing closed. Councilmember Barnes clarified that the fast food is right of zone, and that the only issue is the conditional use permit to allow a drive-thru; that the Tahquitz corridor is diverse; that the addition of the drive-flim will benefit the mall; that when there is an ' element that can make-a difference to a project, consideration needs to be given to keeping people in Palm Springs; that personally he sees no problem with having a drive- thru; that this is the perfect example of how the appeal process works and why there is an appeal process; and if the Planning Commission decision is overruled, that does not mean that the Commission is not needed. Council Minutes 12-2-98, Page 4 Councilmember Reller-Spurgin stated that there is some question regarding the process; that the applicant started with the City in February, 1998; that the matter did continue on to design review in March, 1998; that this is now December, 1998; that it is disgusting that the process should take this long, and that the applicant must have great ' endurance; that if the City did not approve of the project, it should have been denied, about $50,000 ago; that the roads in and out of the mall are not being changed; that the fast food will be located in a vacant lot; that the Planning Commission did not approve the project but did request changes to be made to the site design, which were complied with; and that the Council needs to have a workshop concerning the planning process. Councilmember Oden concurred with the concerns of length of time and that the issue needed to be scheduled for workshop; that the company has indicated it is trying to be a good neighbor; that the landscape is all but shielding the building; that time of approval of projects should be of concern to the Council; that if the project is sent back to the Planning Commission it may elongate the time even more; and that what is before the Council at this time is the result of the Planning Commission concerns. Councilmember Hodges stated that fast foods are located all over the world; that the concerns of the neighborhood are appreciated; that the character of the City is of concern; that there is no reason to continue this matter for two weeks; that normally the Council is given the alternative of upholding or overruling the Planning Commission on the same night; and that there is ample testimony available for Council to make a decision. Mayor Kleindienst stated that this issue did take some time to get to Council, but that there were many facets to the process, not just the Conditional User Permit, but a subdivision also. ' Planning Director stated that the subdivision was approved in July, 1998; that the matter did go to the Planning Commission in September, 1998; that there were other issues being worked on for the applicant; that most of the work was done on a pre-application basis; that the design was an unique design; that the applicant was not asked to change the floor plan; that it normally does take 45-60 days to process a CUP; that from a process standpoint that is fast; that any project needs solid plans to submit to the Planning Commission; that previous conversation and submissions by the applicant were not a formal basis; and in answer to questions by Council, stated that there is no maximum for drive thrus in the area; that when an area allows drive-thrus there are many components that are considered; the surrounding traffic flows, whether the area is a scenic corridor; that each land use is a part of the whole zoning allowance; that there are many areas that have CUP's within the zones; that the right of zone applications do not have to come to Council, only the exceptions; that this particular project has a strong streetscape view; that there was concern about the astethics by the Planning Commission; and that this section does not allow drive-thrus by right of zone; that it is not clear if the Indian Master Plan will allow drive-thrus at this time. Mayor Kleindienst stated that there is a balance as to protecting what exists and what needs to be changed; that this appears to allow development on a prominent corner; that the site has value to the developer, and to the Commission, it is an image determination; that it is difficult to approach this type of determination by the Planning Commission; that it is clear that the obvious question is what is best for the corner location; and is this a long term solution; the site plan works; the location will be of benefit to the mall; ' but that the final determination remains in what is best for the Community. Councilmember Barnes questioned if the site plan would replace the subdivision map, and if there were other requests for more drive-thrus, would a new map be needed; and added that the highest and best use for the comer should be considered; that there is no type of business that could be placed on.the corner that would not have some type of impact on the neighborhood; and that this use does dovetail with what is already there. Planning Director stated that if another drive-thin was requested, a conditional use permit would need to be filed; and that the same process would occur. Council Minutes 12-2-98, Page 5 Motion to overturn the Planning Commission decision was presented by Barnes, seconded by Oden. City Attorney questioned the intent to request Planning Commission to review the architectural plans. ' Motion was withdrawn. Mayor Kleindienst stated that the matter would not need to go back as long as all conditions were clear and were agreed to be complied with. City Attorney stated if the motion incorporates the conditions, they would have to be complied with. Councilmember Hodges questioned if there was any grass near the drive-thru. Planning Director stated that there was little and that most of the landscaping was shrubs. Resolution 19408, with conditions of approval, overruling the Planning Commission was presented, after which, it was moved by Barnes, seconded by Oden, and carried by the following vote, that R19409 be adopted. AYES: Barnes, Hodges, Oden and Reller-Spurgin NO: Kleindienst. 2. HSPB 34 -412 W. TAHQUITZ CANYON WAY Recommendation: That the Council approve the designation of the residence at the ' above location, known as the Untermeyer-Bishop Residence/The Willows, as a Class I Historic Site. (076- 001) Planning Manager stated that the request for historical site designation was made by the owners. Mayor declared the hearing open. Tracey Conrad stated that it is a honor to have the Willows designated as a historical site. There being no further appearances, Mayor declared the hearing closed. Councilmember Reller-Spurgin stated that the site is exceptional. Councilmember Oden stated that it is commendable for the owner to request the designation. Resolution 19409 as recommended was presented; after which, it was moved by Reller- Spurgin, seconded by Oden, and unanimously carried, that R19409 be adopted. 3. HSPB 35 - PALM SPRINGS DESERT MUSEUM Recommendation: That the Council approve the designation of the Palm Springs Desert ' Museum at 101 Museum Drive as a Class I Historic/Architectural I a.ndmark. (006- Planning Manager stated that the request was made by Dr. Lyle and the Museum Board. Mayor declared the hearing open, there being no appearances the hearing was closed. Council Minutes 12-2-98, Page 6 Councilmember Hodges stated that she had requested a copy of the Historic Site Ordinance, but as of yet had not received it; that a historic site designation should be given when a criteria is met; that because a designation is requested, that does not mean it should be given; that it is clear that the request was made to honor the architect; but ' that the basis of a designation is to protect a building; and that there are other ways to show honor to the architect. Planning Manager stated that the Ordinance does allow designation for a type of building; that this building does set the tone for the downtown area; and that portrayal is the designation. Councilmember Hodges stated that there is no disagreement with that, but that it is difficult to ascertain the need for a historic site designation on that basis. Resolution 19410 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and carried by the following vote that R19410 be adopted. AYES: Barnes, Oden, Reller-Spurgin and Kleindienst NO: Hodges. 4. ABATEMENT OF NUISANCES -233 TRAMVIEW ROAD Recommendation: That the Council declare the buildings at the above address substandard and in violation of the Health & Safety Codes and the Uniform Building Code, and the nuisances created thereby subject to abatement; order the owner to repair (057- or demolish the buildings in a timely manner; and authorize demolition of the buildings ) should the owner fail to abate the nuisances. ' Director of Planning & Building reviewed the staff report and added that the City has cleaned the area up on four separate occasions; that there has been no response to notices to the owner; and that it is recommended that the owners repair or the City demolish the site. Mayor declared the hearing open. Jess Menendez, owner, stated that he has tried for months to get a construction loan to clean up the property; that there has been a problem to a clean Title; that letters have been received from the City and responded to; that the letters are confusing, often citing one unit involved; that the complex has more than one unit; that clarification needs to be given for which unit is in question. City Manager stated that this is the time for hearing, and that questions will not be answered. There being no further appearances the hearing was closed. Councilmember Oden stated that this situation has been ongoing since April, 1996; that there has been alot of correspondence; and that there may be some confusion. Planning Director stated that the property as it stands, exists of four units; that detail is given for each unit; that current zoning permits one unit on the property; that ideally the ' area should be reconstructed as a single family residence; that a time extension could be given; that the units do need alot of investment; that if the resolution is approved, the property owner will have 30 days to pursue corrective action; or the City could at that time levy demolition. Councilmember Oden stated that this item is a part of the recapturing our neighborhood program; that this building houses drug paraphernalia; and other illicit activities; and that cooperation is needed to have the area safe. Councilmember Reller-Spurgin questioned the cost to the City for previous abatements. Council Minutes 12-2-98, Page 7 Jess Menendez stated $6,709.62.. Resolution 19411 as recommended was presented; after which, it was moved by Oden, seconded by Hodges, and unanimously carried, that R19411 be adopted. 5. ABATEMENT OF NUISANCES -403 BON AIR DRIVE ' Recommendation: That the Council declare the buildings at: the above address substandard and in violation of the Health & Safety Codes and the Uniform Building (057- Code, and the nuisances created thereby subject to abatement; order the owner to repair ) or demolish the buildings in a timely manner; and authorize demollition of the buildings should the owner fail to abate the nuisances. Director of Planning & Building stated that this is one of the most dangerous properties to date; that there is evidence of bullets, blood, drug paraphernalia; that the Code Enforcement Officers can not appear on site without the presence of a police officer; that the property is zoned single family, but being used as an apartment; and that if the Council approves the resolution the owner has 30 days to bring to code or demolish; and that if there is no response the City can proceed with demolition. Mayor declared the hearing open. Dr. Roger Woodard, Culver City, owner, stated that the property 'was purchased 1990; that everything went well until 1993; that violence and gangs and vandalism started on the property; that the windows were boarded, then crowbarred ciff; that a fence was erected around the property and someone stole the fence; that vandalism is so high in the area; that Coachella Valley Housing Coalition offered $40,000 for the propert ; that the site was considered to be converted as a home for the elderly; that the City rezoned ' the property in April; that presently negotiations have been entered into; that the entire situation is a Catch 22; that each time repairs are made, the next day vandals appear; then the City official comes and it looks like nothing is done; that time is needed to make plans and find live-in managers. There being no further appearances, the hearing was closed. Councilmember Oden stated that it is a difficult comer; that there ,acre bullet holes in the walls; that vandalism is high; that Dr. Woodard has invested in the property, but that the results are the same. Planning Director stated that if substantial effort is shown within 30 days, staff could present to Council an agreement with performance standards. City Attorney stated that the Council could amend the time to 60-65 days and include a performance schedule. Mayor Kleindienst stated that it is evident that the owner has tried to secure the property; and that at this time it may be reasonable to extend the time due to the time and season of the year. Planning Director stated that the problems are major at the location; that the property needs to be abated; that this property is a safety issue. Councilmember Bames stated that the property could be secured within 30 days; and at ' that time some type of performance schedule entered into. City Manager stated that agreement should be entered into to abate the building; that 30 days is tight,,but this should not drag on forever and would recommend extending the time to 60 days. Councilmember Barnes stated that the building should be secured immediately, then additional time could be allowed. Council Minutes 12-2-98, Page 8 Councilmember Reller-Spurgin stated that agreements are being discussed, but that the fact is each time the building is secured, two days later the securing is gone; and that it is time to cut the loss. ' City Manager stated that Dr. Woodard has tried hard from Culver City; but that the building needs to be secure; that the time to complete the securing could be extended to 60 days and that staff will continue to monitor the site. Councilmember Hodges stated that this is an uncomfortable situation; that 45 days is reasonable, due to the holidays, but that the building needs to be fixed or torn down. City Attorney stated that the resolution could be approved as recommended and staff directed to monitor the situation to determine if additional time was needed. Resolution 19412 as recommended was presented; after which, it was moved by Barnes, seconded by Oden, and unanimously carried, that R19412 be adopted. PUBLIC COMMENTS: a) Comments regarding item 7: Annette Kelly, requested reconsideration of the parking management plan; and added that the new plan is confusing and hurting downtown businesses. George Lopez, TOGO's, stated that there is concern regarding the pay for parking plan; that it is an economic hardship for some businesses; that his (108- business is based on quick service; that customers do not expect to pay for 004) ' parking; that there may be some type of time limit that could be placed for pickups; and that it is possible that a loss of 30-50% could occur in small business because of the parking plan. Joe Benton, resident for 24 years, stated that metered parking causes an adverse concept; that there is concern of safety for tipped employees walking to their cars in question; that no one was fully informed of the plan until it was implemented; and that the concerns need to be addressed. Dario Jones, owner of Reflections, stated that it is difficult to understand the parking plan; that the plan does allow for employees to purchase a parking permit, but employees turnover frequently, would the permit carry to a new place of employment?; that there are questions if it will cost to visit the VillageFest; that his business was located in the downtown area for the ambiance of the village atmosphere; and that if the parking plan had been prior knowledge, the choice of location may have been altered. Sherry Sieger, stated that most people relocate to he desert for a "village atmosphere"; that there have been many venues, such as the Film Festival, Bikers Weekend, that have not indicated any parking problems; that there has been little concern for the employees that work in the downtown area; and requested the Council to reconsider the matter. Giselle Cohen, stated that she is the single mother of two children; that notice given to the employees of the downtown area was inadequate; that when the notice was received, she did try to speak to someone at the City; in the meantime all employees were cited; that she was told that signs were posted, but that in this case the cites could be voided and requested Council consideration of some type of employee parking permit that would be cost affordable. Council Minutes 12-2-98, Page 9 Gordon Watson, stated that most people that work in the; downtown area are minimum wage workers, and can not afford this extra expense:, that implementing this type of plan actually places a tax on. people for running errands; and that the plan is the result of a bad decision, that the Council could put to right. , Rick ?, 275 SPC, stated that it is an unpleasant situation; that many new businesses were attracted to Palm Springs due to the "village atmosphere"; that Palm Springs is special; that it has warmth, it is pedestrian friendly, and has finally turned the economic corner; that this action will have an impact downtown; that if he had known this he would have located in Palm Desert; that to continue the program would be shortsighted, and requested the Council reconsider the plan. Gary Donnally, Tinderbox, stated that his business was relocated to get away from paid parking; that 70% of his customers are local; and that he is against the parking plan. Eric Meeks, stated that the City is chasing quarters to lose dollars; and added that item 8 does not allow for a rain discount; and suggested an alternative be found for the Mountain Fall Preserve Golf Course. Donald Homel, questioned if the staff surveyed how downtown employees get to work, what formula was used to determine the new parking requirements; and stated that the plan will encourage people to park in areas that are for private parking. City Manager stated that the public comment section is to allow concerns to be addressed, and that this time is not an answer and questions session. ' Beth Whiteside, stated that she has worked in Palm Springs for six years; that there is concern about the pay for parking plan; that the City has finally started to turn around and that this plan may in fact deter people from coming downtown; and requested the Council to reconsider the plan. Frank Tysen, stated that more involvement is needed when sometbi.ng as comprehensive as the parking plan is proposed; that the noise ordinance is being violated downtown; that City staff is promising businesses that they can go to higher than legal decibels in noise; that a vista policy should be considered; that people will not want to continue to invest in town, if all the City has to offer is fast food drive-thrus, Fred Ebeling, concurred with Tysen's comments and added that the City needs to correct the image of Palm Springs; and improve the quality of life; and commented on the Council candidate process. Owen Kieley, suggested the City Council walk the area to determine if the drive-thru is beneficial for the City. b) Comments regarding item 6: (143- David Frankel, requested the Council consider rescinding the agreement 008) ' between the City and the Super Shuttle. c) Comments regarding matters not on the agenda: John Tymon, stated that the Spa Casino should be moved north of I-10. Council Minutes 12-2-98, Page 10 COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: a) Mayor and Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last ' regular meeting, and announced upcoming events of community interest. LEGISLATIVE ACTION: 6. SUPER SHUTTLE CONTRACT AMENDMENT Recommendation: That the Council consider request by Mini-Bus Systems, Inc., licensee of Super Shuttle Systems, for relief from certain provision of its contract. Director, Dept. of Transportation reviewed the staff report and added that the contract is not solving the problems it was put in place to do; that the short trips, starters, inexpensive downtown transportation and the rail station were the needs to be (143- addressed; that those needs are being met by other alternatives; that Sunline is 008) monitoring the rail station; and recommended amending or cancellation of the contract. Councilmember Hodges stated that it seemed most of the problems have been solved; that it would be unnecessary to amend the contract; and that if there are other needs that should be met, the contract should be rebid. Councilmember Reller-Spurgin concurred with Councilmember Hodges and added that the issues were short runs and the train station, and that if those issues are being addressed, the taxis could handle or the City should go to bid. Councilmember Barnes concurred. Motion to mutually terminate contract was presented, after which; it was moved by Barnes, seconded by Reller-Spurgin and unanimously carried that the motion be adopted. 7. DOWNTOWN MANAGED PARKING PROGRAM -AMENDMENT Recommendation: That the Council amend the Downtown Managed Parking Program to authorize rental of managed parking facilities for valet use; and amend the Comprehensive Fee Schedule, accordingly. Director, Dept. of Transportation, reviewed the staff report. (108- Mayor Kleindienst stated that the managed parking in the Vineyard will generate $42.25 004) per space per day; that to reserve a space would be $35.00 per month; that employee spaces will be reserved at Indian and Belardo for $35.00 per year; and that currently valet parking charges .50 cents per parking privilege. Director of Transportation stated that right of way use by valet is .50 cents per car; and added that this issue would address the valet parking in City lots. Director of Downtown Development stated that the matter is before the Council due to concerns raised by restaurants located in the Vineyard. Councilmember Hodges stated that the lots are for public use, not private; that spaces should not be designated for certain individuals and questioned what portion of the lot would be designated to whom, and what are the qualifiers. Director of Downtown Development stated that the valet spaces would be rented by the valet service, not the restaurant itself. Councilmember Hodges stated that the lot areas are for public use and that she is not certain that the lots should be used for private purposes. Council Minutes 12-2-98, Page 11 Councilmember Reller-Spurgin questioned why contact was not made with the downtown employees; and added that someone did not address the issue of employee notification. Mayor Kleindienst stated that he is aware that that the City did distribute documents to ' Main Street for employee use; and that the process was started some time ago. City Manager stated that staff wanted to be flexible and responsive; that the commitment was made by staff to be open to all suggestions; and that other than attaching notice to an employee time card, there was not much more that could be done. Resolution 19413 and 19414 as recommended was presented; after which, it was moved by Oden, seconded by Barnes and carried by the following; vote that R19413 be adopted. AYES: Barnes, Oden and Kleindienst NO: Hodges &Reller-Spurgin. S. COMPREHENSIVE FEE SCHEDULE AMENDMENT -VILLAGEFEST Recommendation: That the Council amend the Comprehensive Fee Schedule to provide VillageFest vendor application and space rental fee increases. (114- Director of Downtown Development reviewed the staff report. 010) Councilmember stated it sounded reasonable to include a discount for rainy days. Councilmember Hodges stated that the discount should be addressed by the VillageFest Board. City Manager stated that it is not an issue of profit to the operating fund, there is no , profit; and added that the amendment may in fact allow a break even scams. Resolution 19415 as recommended was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that R19415 be adopted. 9. AIRPORT NAME CHANGE Recommendation: That the Council approve a name change from the Palm Springs Regional Airport" to the "Palm Springs International Airport." (051- Director, Dept. of Transportation, stated that the international flight inauguration will be 074) December 13, 1998; and added that the flights will be to and from Canada. Resolution 19416 as recommended was presented; after which, it was moved by Reller- Spurgin, seconded by Barnes, and unanimously carried, that R19416 be adopted. 10. DEMONSTRATION AMTRAK "TALGO" TRAIN Recommendation: That the Council request assistance of California Senators Boxer and Feinstein, and Congresswoman Bono in encouraging cooperation of Union Pacific (143- Railroad in order to permit a demonstration Amtrak "Talgo" train to visit the Coachella 006) Valley, January 19-20, 1999. City Manager reviewed the staff report, no further report was given. , Resolution 19417 as recommended was presented; after which, it was moved by Kleindienst, seconded by Reller-Spurgin and unanimously carried that R1.9417 be adopted. Council Minutes 12-2-98, Page 12 11. MUNICIPAL CODE AMENDMENT-PURCHASING PROVISIONS Recommendation: That the Council amend the Municipal Code to expand and clarify authorization for exceptions to the competitive bidding requirements through participation in governmental cooperative purchase programs. (103- 048) Procurement Manager reviewed the staff report. Assistant City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3.12.270 OF THE PALM SPRINGS MUNICIPAL CODE TO EXPAND AUTHORIZATION FOR EXCEPTIONS TO COMPETITIVE BIDDING REQUIREMENTS THROUGH PARTICIPATION IN GOVERNMENTAL COOPERATIVE PURCHASE PROGRAMS. after which, it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that further reading be waived, and Ordinance be introduced for first reading. 12. LEASE TO OWN PROGRAM Recommendation: That the Council authorize membership in the Pacific Housing & Finance Agency (an "exercise of joint powers" agency) for the establishment of a Lease to Own Home Ownership Program in the City, for residential home purchases. (123- 032) City Manager reviewed staff report. Councilmember Oden stated that the representative for the City will need to attend meetings and that he is available for same. ' Consensus of Council for Councilmember Oden to represent City at Agency. Resolution 19418 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that R19418 be adopted. 13. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirement; materials provided at meeting). A13. P.S ENERGY SERVICES/ENRON ALLIANCE UPDATE Recommendation: That the Council receive a status report on the Alliance between the City of Palm Springs Energy Services and Enron, relative to contract provisions, (147- electricity rates, local customer services, and proposed amendments thereto. 004) City Manager reviewed staff report. Councilmember Oden stated that it is important for Enron to live up to the commitment of $90,000 for community service; that the moneys be used for projects not salaries; that an accounting should be provided for the City; and noted that funds for Arthur Lyons contract was not provided by General Funds. Councilmember Hodges clarified that no General Funds have been spent on this project; ' that all moneys expended were donated, or a part of a one-time room tax override. Receive and file report dated 12-2-98. Council Minutes 12-2-98, Page 13 CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. Note: See Council discussion of items 16 &33 below: ' 14. Res 19419 amending Res 12967 to add certain Department of Transportation employees to (103- issue citations for misdemeanor violations of the Municipal Code occurring on the Airport 048) property. 15. MO 6273 authorizing payment of $287,094 to the Desert Water Agency for the cost of (136- relocating water main existing in Farrell Drive, between Tamarisk Road and Vista Chino. 025) 16. MO 6282 approving a new advertising agreement with Airport Terminal Displays, Ltd., for (051- five years, with a five-year, good-faith renewal clause, A4043. Hodges & Oden No. 089) 17. MO ---- approving a sole-source purchase of an upgrade to the Federal Aviation Administration required Airport security access control system from Mosler, Inc., for a lump sum not to exceed $115,119.49, by purchase order. Withdrawn. 18. MO 6274 approving a contract with K.R. Barker & Associates, LLC dba CDI (051- Communications Consultants to provide communications consulting services for the entire 089) communications infrastructure at the Airport, for a not to exceed ,amount of $38,800, A4044. 19. MO 6275 approving an agreement with Montgomery Watson for a chlorine gas risk (127- management study at the Wastewater Treatment Plant, for a not to exceed amount of 001) $49,642, A4045. , 20. MO 6276 approving purchase of water treatment chemicals for Cogeneration, heating and (052- air conditioning systems, from Nalco Chemical at volume discount pricing set for the State, 001) per the State's terms and conditions effective through June 30, 1999, not:to exceed $30,000 for the remaining six months of the fiscal year. 21. MO 6277 approving a contract with Parson Brinkerhoff Quade & Douglas, Inc., for (112- $14,698 for engineering services, including plans, specs and estimates, for design of repairs 005) for three bridges, A4046. 22. Res 19420 approving total settlement cost of$178,125 for street right-of-way, slope (123- easement and damages for the acquisition of a portion of land owned by Hardwoods, Inc., 020) for construction of the Mid-Valley Parkway; and approve expenditure of$38,645 as final payment over the $139,480 deposited in the court for eminent domain proceedings, which has been released to Hardwoods, Inc. 23. MO 6278 approving amendment to lease agreement with the Palm Springs Air Museum to (051- clarify that catering does not pay the 10% fee; that a fee of$0.25 per head will be paid for 064) all special event parties; that volunteer hours requirement be removed; and that Civil Air Patrol shall have a place to stay in the Museum, A3613. 24. MO 6279 authorizing expenditure of up to $600 to fund the cost of City-support services for (104- the 1999 Women Running Wild 5K Run&Walk, March 27, 1999. 001) 25. MO 6280 authorizing expenditure of up to $900 to fund the cost of City-support services for (104- ' the 1999 Desert AIDS Walk, February 14, 1999. 001) 26. Res 19421 granting two gas line easements to Southern California Gas (:'ompany to serve (124- Plaza Mercado, at 151 S. Palm Canyon Drive, through the City's adjacent parking lot. 093) Council Minutes 12-2-98, Page 14 27. Res 19422 approving the City's investment policy, with revision to increase the percentage (114- of portfolio (POP) that may be invested in obligations issued by agencies or sponsored 004) enterprises of the U.S. government from 20% to 40%. 28. Res 19423 and 19424 approving Payroll Warrants &Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Hodges 937297 Bldrs Sply Client of Employer (086- 937391 G &M Const 018) 937399 Granite Const 937431 DW Johnson 937518 Preferred Plumb Reller-Spurgin 937562 Spurgin Spouse 29. Res 19426 approving an extension of the listing agreement with Ingrid Baddour & (117- Associates, Realtors, for sale of city-owned property. Kleindienst abstain-Client. 025) 30. MO ----- authorizing expenditure of$11,182.70 to Cook Street Printing for printing and binding services for the 1998 Recreation Brochure. Withdrawn. 31. MO 6281 approving agreement with Sanborn A/E, Inc. for $70,000 for civil engineering (109- and architectural services for design and construction phases of the Heritage Trail Bikeway 004) Project along Belardo Road, Alejo to Ramon, a federal grant funded project, CP93-49, A4047. 32. Res 19425 declaring intent to vacate 5-ft strip along both the north and south sides of Via (145- Vaquero, located east of Compadre Road, Section 13, and set hearing for January 6, 1999. 001) ' 33. Res 19427 and 19428 establishing restricted parking zones adjacent to the Convention (105- Center, and on El Cielo Road in front of the Airport. Hodges No. 001) Resolutions 19419 through 19428 and Minute Orders 6274 through 6283 were presented; after which, it was moved by Reller-Spurgin, seconded by Barnes, and unanimously carried that R19419-19428 and 6274-6283 were adopted. Consent Agenda Items separated for discussion, 16. ADVERTISING CONCESSION AGREEMENT Recommendation: That the City Council approve a new Advertising Concession Agreement for the Airport. (051- Councilmember Hodges stated that the current contractor has had the agreement since 089) 1969, and recommended that matter be rebid. Director of Transportation stated that the issue was discussed with the Commission and that the recommendation was to extend the contract; that very few small airports have advertising in the capacity that Palm Springs does; that the Commission wanted to keep a local contractor; and that the recommendation is the best deal the City could get. City Attorney stated that the language in the contract could be adjusted to be more flexible. Councilmember Hodges stated that any agreement that has been in place for 30 years should be reviewed; and that another 10 year extension is inappropriate. Council Minutes 12-2-98, Page 15 Councilmember Barnes stated that the displays and miscellaneous materials are owned by the contractor; that if the matter is put out to bid, the items may be removed, resulting in a loss of revenue; that there is an added value having a local element; that essentially this is a contract to allow the City to have ownership of the displays at no cost; that technology is moving at a fast pace; and that a five year contract with one-five ' year extension would allow some of that technology to be put in place. Councilmember Hodges stated that recouping of expenses is all a part of a vendors expense; and that the time issue for the contract is of concern. City Attorney stated that the expenses depend on the competitive bid process on whether costs are absorbed or passed through, Director of Transportation stated that all conditions and agreements are based on a ten year commitment; that technology versus length of contract did become an issue, and at that time the staff recommended a 5-year with one 5-year option. 33. RESTRICTED PARKING ZONES Recommendation: That the Council establish restricted parking zones adjacent to the Convention Center and on El Cielo in front of the Airport. (105- City Manager stated that it is employees that are parking in these areas and that it would 001) make more sense to designate an area and sell parking permits. Councilmember Hodges stated that City Hall parking lot will just be used, and that the streets for public use and should not be prohibited. Director of Transportation stated that fifty percent of the cars belong to employees, the ' other 50 percent belong to people who do not want to pay for overnight parking; and that by enforcing the parking from 2 -4 a.m., the real perpetrators would be targeted. Councilmember Hodges stated that the streets are for the public, and that if one wanted to park there for ten days it should not be prohibited. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Boards & Commission Provide direction, and/or appointment concerning vacancy on Public Arts (060- Commission, unexpired term ending 6-30-00-Sherry Ann Schoertter-appointed. 023) B) Oden: Revisit Communication focus at workshop; Request report on Domestic Partnership impact due in January. PUBLIC reports or requests Dario Jones stated that the parking issue downtown needs further discussion. Council Minutes 12-2-98, Page 16 STAFF reports or requests - None ADJOURN: ' There being no further business, Mayor declared the meeting adjourned at Midnight. JUDITH SUMICH City Clerk By: PATRICIA A. SANDERS Assistant City Clerk